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Resolution Of July 30, 2015, Of The State Agency Of Aviation Safety, On Analytical Testing In Aeronautical Medical Examinations For Obtaining Licenses And Qualifications Of Flight Personnel And Controls...

Original Language Title: Resolución de 30 de julio de 2015, de la Agencia Estatal de Seguridad Aérea, sobre la realización de pruebas analíticas en los reconocimientos médicos aeronáuticos para la obtención de licencias y habilitaciones del personal de vuelo y controla...

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TEXT

Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation sets out the objective of maintaining a high and uniform level of safety in the field of civil aviation. civil aviation in Europe, providing various means to achieve this.

This Regulation requires the adoption of the implementing rules necessary to establish the conditions for certification of pilots, as well as for persons involved in their training, testing or verification, of accreditation of the members of the cabin crew and of the assessment of their physical fitness.

By means of Commission Regulation (EU) No 1178/2011 of 3 November, technical requirements and administrative procedures relating to the flight crew of civil aviation are established, according to which the pilots, members of the cabin crew involved in the operation of certain aircraft, as well as the devices for simulated flight training, persons and organisations involved in training, testing and training verification of such personnel, they must meet the essential requirements laid down in each case; in addition to regularly undergoing a review in order to determine their physical fitness to perform safely the safety tasks assigned to them. Compliance with this requirement must be demonstrated by an appropriate assessment, or medical-aeronautical recognition, based on the best practices of aeronautical medicine, intended for the issue of the relevant medical certificate, all this, in accordance with the PART MED set out in Annex IV to Regulation (EU) No 1178/2011 of 3 November 2011.

Commission Regulation (EU) No 2015/340 of 20 February laying down technical requirements and administrative procedures relating to the licences and certificates of air traffic controllers in the European Union Regulation (EC) No 216/2008 of the European Parliament and of the Council amending Commission Implementing Regulation (EU) No 923/2012 and repealing Commission Regulation (EU) No 805/2011 laying down requirements for the implementation of Regulation (EC) No 216/2008 of the European Parliament and of the Council the competent authorities should apply in relation to the common standards of fitness for the air traffic controllers used by air navigation service providers and effectively implement them, in order to ensure the public management of air traffic and air navigation services (ATM/ANS), inter alia. In this regard, the medical requirements for air traffic controllers are set out in Part ATCO.MED of the said Commission Regulation (EU) 2015/340 of 20 February.

With regard to the analytical tests carried out in the medical-aeronautical surveys, in Spain there is a practice, recognized already by the Resolution of 29 November 2005, of the Directorate General of Civil Aviation, on analytical tests to be carried out on those surveys, which was issued in order to clarify the provisions of the Order of 21 March 2000 for the adoption of the joint aviation requirements for the licences of the flight crew (JAR-FCL), relating to the medical-aircraft organisation, the medical certificates of Class 1 and Class 2, and medical requirements for civil flight personnel, in order to avoid doubts or hesitations that may occur between the air examiners.

For the same reasons, and following the new regulatory amendments, it is necessary to clarify the provisions of Part MED of Commission Regulation (EU) No 1178/2011 of 3 November and in Part ATCO.MED of the Regulation. (EU) No 2015/340 of the Commission of 20 February for the practice of aeronautical medical examinations intended for the issue of class 1, 2, 3, LAPL and CC certificates.

The purpose of this Resolution is derived from the precepts listed below, as well as the acceptable means of compliance and Material Guidance that are set out for the purpose: MED.A. 040 (d) (2), MED.B. 025, MED.B. 030, MED.B. 035 (b), MED.B. 055 (b), MED.B. 095 (c) (3) of Annex IV to Commission Regulation (EU) No 1178/2011 of 3 November; and ATCO.MED.B. 030, ATCO.MED.B. 035 of Commission Regulation (EU) 2015/340 of 20 February.

Under all of the above, the Director of the State Aviation Safety Agency, resolves:

A) The person concerned, prior to carrying out the analytical tests, must give his consent for which he will sign the document, which is annexed to this resolution. In the event that the test is carried out by the Air Examiner (A.M.E.) itself, by means of reactive strips, the lower part of the consent document shall be completed to record the results with the signature of both parties.

B) In each medical-aeronautical recognition of the classes covered by this resolution, the following determinations shall be made in the analyses:

• Blood: Hemogram, blood glucose, lipid profile (total cholesterol and triglycerides, fractions with significant cholesterol levels, and/or presence of cardiovascular risk factors), hepatic profile (GOT; GPT; GGT), Renal profile (creatinine, uric acid).

• Urine: Sediment and abnormal, in all cases.

• At least four drugs will be checked out of those defined in section E, which will require amphetamines, cocaine, marijuana and opioids.

C) Only analytical tests performed in accordance with the approval of the State Aviation Safety Agency for each Air Medical Center (AeMC) or Air Examiner Medical Examiner (A.M.E.) shall be valid.

D) Air examiners must count, among their equipment, with a system of disassembly of addictive by means of reactive strips, for analysis of urine. The State Aviation Safety Agency may authorise the subcontracting of this service with a laboratory, all in accordance with the provisions of Order FOM/2157/2003 of 18 July, determining the requirements and the procedure for the designation and approval of medical-aircraft centres and medical examiners.

E) According to the description contained in the Handbook on the prevention of the problematic use of certain substances in the workplace in the field of civil aviation (Doc. ICAO 9654-AN/945) on psychotropic drugs or other substances to be taken into account, with or without dependency, the following shall be taken into consideration:

-Amphetamines.

-Barbiturates.

-Cocaine.

-Marijuana.

-Opioids.

-Ethanol.

F) The initial investigation will be carried out at the time of the medical examination for obtaining/revalidation/renewal of a medical-aeronautical certificate in any of the cases in which this part of the test is performed, as described.

The evidence for the confirmation and identification of the drug shall be carried out within a maximum of 10 days from the time the sample was submitted for analysis.

The tests for counter-analysis shall be requested by the person concerned within a maximum of three days from the time when he was notified in a feisty manner.

G) If the counter-analysis has not been requested, the samples submitted for custody shall be destroyed within three months.

H) That in the event of positive results, the holder of the medical certificate shall be indicated that he may not exercise the privileges of his license, in accordance with the provisions of Article 34 of Law 21/2003 of Air Safety.

I) During the process of collecting the samples, the person concerned may be accompanied by a duly identified person (health personnel or aeronautical personnel). The sample shall be collected under surveillance of health personnel.

J) That surveillance and diagnostic activities will be carried out by the medical examiners to detect abuse and to propose solutions to those interested in the cases that are detected.

K) The protocols established between Air Examiners and Medical-Aeronautics with their respective laboratories, when they have this subcontracted service, shall be in accordance with the provisions of this Resolution.

L) The same shall apply to Commission Regulation (EU) No 1178/2011 of 3 November, in particular, the MED Party as regards class 1,2, LAPL and CC certificates; and the provisions laid down in the Regulation (EU) 2015/340 of the Commission of 20 February, in particular, the ATCO-MED Part for Class 3 certificates.

This Resolution will leave without effect the Resolution of 29 November 2005, of the Directorate General of Civil Aviation, on analytical tests to be carried out on such recognitions and any other clarification arising therefrom.

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

Madrid, July 30, 2015. -Director of the State Aviation Safety Agency, Isabel Maestre Moreno.

ANNEX

Consent for the determination of drugs of abuse and alcohol

Data for the person being tested:

Last Name

Name

Identity document (type and number)

Medical certificate class:

Place set for sample collection:

Sample collection date and time:

D. ...................................................................., Air Examiner, duly authorized by the State Aviation Safety Agency, has informed me satisfactorily about the use of the sample for urine/blood for the detection and confirmation, if appropriate, of drugs of abuse or alcohol, as set out in Part MED of Commission Regulation (EU) No 1178/2011 of 3 November and in Part ATCO.MED of Regulation (EU) No 2015/340 of the European Parliament and of the Council the Commission, of 20 February.

In the event of a positive result in any of the above determinations, I shall not be able to exercise the privileges of my license, in accordance with the provisions of Article 34 of Law 21/2003, of July 7, Air Safety, until confirmation of absence of the same.

The non-appearance or refusal to submit to these analytical determinations may result in the refusal of the appropriate medical certificate.

I understand all of the above, I, ........................................................., DOY/DO NOT DO (delete as appropriate) MY CONSENT for the laboratory of the Medical Examiner-above mentioned to perform the analytical determinations referred to.

Signed Signature A.M.E. Signature

------------------------------------------------------------------------

It has been done by the Air Examiner, the test authorized by reactive strips, resulting NEGATIVA/POSITIVE for ............................. (indicate, if any, the drug (s) to the (s) that was positive and strike out (i) do not apply. The strips used are incorporated into this document by means of stapling.

Date

Signed Signature of the A.M.E.