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Resolution Of 23 May 2013, Of The Executive Council Of The State Agency Of Aviation Safety, Which Establishes The Public Prices For Their Services.

Original Language Title: Resolución de 23 de mayo de 2013, del Consejo Rector de la Agencia Estatal de Seguridad Aérea, por la que se establecen los precios públicos por las prestaciones de sus servicios.

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TEXT

With the publication of Law 28/2006, of July 18, of State Agencies for the Improvement of Public Services, the creation of the State Aviation Safety Agency is authorized. Its creation takes place with the publication of Royal Decree 184/2008, of 8 February, for which its Statute is approved, and by RD 452/2012, of 5 March, for which the basic structure of the Ministry of Development is developed is established its dependency from the General Secretariat for Transport.

The Law of State Agencies obliges them to be bodies endowed with autonomy and flexibility in their management, control of effectiveness and responsibility for the performance of results, as well as the provision of services with a high level of quality, for which it is necessary for them to be equipped with the necessary resources to ensure such purposes.

In addition, this Law establishes as an objective for EASA the "execution of the functions of management, supervision and inspection of the safety of air transport and air navigation and safety systems". airport, as well as for the functions of detection analysis and assessment of safety risks in this mode of transport " (Additional provision third). Moreover, Article 24 of the aforementioned Law states that the State Agencies shall be financed by " (...) (b) own revenue which it receives as consideration for the activities it may carry out under contracts, agreements or arrangements legal, for other public, private or natural persons. (...) (g) Other revenue from public or private law which they are entitled to receive. "

In Royal Decree 184/2008 of 8 February, approving the Statute of the State Aviation Safety Agency, the EASA is defined as " the body to which the exercise of the powers of inspection and sanctioning is carried out. in the field of civil aviation, the initiative for the approval of regulatory regulations in the fields of air safety and the protection of the air transport user for elevation to the competent bodies of the Ministry of Public Works, as well as the assessment of risks in the field of civil aviation security. "

Article 8 of the Statute of the State Aviation Safety Agency sets out the criteria for action by the EASA to "promote a culture of safety in all areas of civil aviation", " promoting development and establishment of national and international aviation safety standards and the protection of the air transport user, as well as the procedures for their implementation, and the development of their skills on the basis of civil aviation needs, in terms of quality, effectiveness and efficiency and competitiveness, " other.

Article 9 of the Statute states that "technical collaboration and participation in national and international bodies in the field of air safety and protection of the user" are referred to as the AESA's competence.

The Statute itself recognizes the AESA as the "organisation, monitoring and monitoring of the application of public prices" (art. 26), "the proposal for the establishment and modification of public prices fees and charges arising from the exercise of the powers corresponding to the Agency" (Art. 29), making mention of the "establishment, modification, management, liquidation, and collection of public prices, fees and fees arising from other services and activities that may be provided to third parties."

Moreover, in Article 45 of the Statute of the State Aviation Safety Agency, the revenue from the liquidation of public prices and charges resulting from the realization of the their activities, as well as those from the affected fees to the Agency. "

Special mention deserves Law 1/2011, of 4 March, establishing the State Program of Operational Safety for Civil Aviation and amending Law 21/2003, of July 7, of Air Safety, for which it is established the legal requirement to establish a State Operational Safety Program, for which it is necessary to attend to one of the fundamental pillars for its development as is the promotion of operational security. At international level, the above mentioned in ICAO Document 9859 "Operational Safety Management Manual", which is also directed at States to provide guidance for the development of the regulatory framework for the implementation of operational security management systems by service providers, and provide guidance for the development of a state operational safety programme in accordance with international standards and recommended methods; makes special mention of the fact that it is up to the States to ensure that aeronautical personnel are high levels of knowledge and competence through instruction, recruitment, and human resource management.

For all this, and given the need for policies aimed at promoting the promotion of aviation safety, and for EASA, as the body of the Administration of regulations and procedures associated with air safety issues, has the majority of the expert staff and aeronautical knowledge at national level, establishes the creation of public prices associated with the provision of technical assistance by the State Agency of Aviation Safety in matters of its competition, which on the one hand makes it possible to optimise the financing mechanisms of the EASA, and on the other hand allow the coverage of certain associated costs to address all those needs that the civil aviation sector needs today in order to comply with the regulations and as a means to promote and optimise air safety.

As soon as it is granted and pursuant to Article 26 (1) (b) of Law 8/1989, of Public Fees and Prices, and subject to the authorization of the Ministry of Public Works:

First.

Approve public prices that the State Aviation Safety Agency (AESA) is required to receive for the provision of its services, with the definition and amount set out in Annex I. Such prices do not carry value tax added (VAT) included.

Second.

If the requested services have special particularities which substantially alter the cost of performing the benefit, the cost of the benefit will be determined by means of the budget drawn up from the tariffs unit, according to the following criteria:

A) Personnel. The cost of personnel shall be obtained by multiplying the planned staff dedications by the unit public prices set out in Annex I for each of the categories of staff.

B) For the determination of the costs associated with the travel allowance, the amounts fixed in the current rules for the compensation for the service to the staff shall be applied service of the General Administration of the State and its dependent bodies.

C) Cost of Management: the management costs associated with the activities associated with the management of the provision of services, such as those related to the tasks of management of the technical assistance itself, preparation and referral of activity reports, tasks of invoicing of the provision, issuing of specific reports, calculated by estimating the consumption of fixed resources (intended dedications of the staff) and multiplying it by the prices unit-level units as set out in Annex I for each of the categories of staff.

D) Other costs directly associated with the provision of the technical assistance to be borne by EASA (aircraft rental, airport facilities, or simulators; access costs, permits, or licenses, etc.) will be included in the final price of technical assistance.

Third.

According to the provisions of Article 27.1 of Law 8/1989, of 13 April, of Public Fees and Prices and with the Statute of AESA, the administration and collection of public prices shall be carried out by the latter.

Fourth.

The public prices fixed by this resolution shall be required for the delivery of the work carried out, without prejudice to the fact that, as provided for in Article 27.4 of Law 8/1989 of 13 April, it may be required, as the requirement for the commencement of the activity, the performance of a pre-deposit with the nature of the advance on account of the liquidation which is carried out on its day.

If the payment of the public price is not made, it may be required by the administrative procedure for the award, in accordance with Article 27.6 of Law 8/1989 of 13 April.

Fifth.

The amounts payable on public prices will be entered into the restricted account of AESA, authorized by the Ministry of Economy and Finance.

Sixth.

This resolution shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, May 23, 2013. -President of the Council of the State Aviation Safety Agency, Angel Luis Arias Serrano.