Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-9786
He Regulation (CE) No. 216 / 2008, of the Parliament European and of the Council, of 20 of February of 2008, on standards common in the field of it aviation civil, sets the objective of maintain a level high and uniform of security in the aviation civil in Europe, providing different media to achieve it.
That regulation requires to adopt the implementing rules necessary to establish the conditions of certification of pilots, as well as persons involved in their training, testing or verification, accreditation of members of the crew cabin and evaluation of his mental and physical fitness.
By means of Regulation (EU) No. 1178 / Commission of 3 November 2011, establish technical requirements and administrative procedures related to the staff of civil aviation flight, according to which the pilots, members of the cabin crew involved in the exploitation of certain aircraft, as well as for simulated flight training devices, persons and organisations involved in the training , them tests and the verification of said personal, should meet them requirements essential established in each case, in addition to submit is periodically to a review in order determine their fitness Psychophysics for play with security them tasks of security that have assigned. Compliance with this requirement must be demonstrated through an appropriate assessment or medico-aeronautico recognition, based on best practices of medicine aviation, earmarked for the issuance of the corresponding medical certificate, all of this in accordance with the MED PART which is set out in annex IV of the Regulation (EU) No. 1178 / 2011, 3 November.
It Regulation (EU) No. 2015 / 340 of the Commission, of 20 of February, by which is establish requirements technical and procedures administrative relating to them licenses and them certified of them drivers of transit air under the Regulation (CE) No. 216 / 2008 of the Parliament European and of the Council, is modifies the regulation of execution (EU) No. 923 / 2012 of the Commission and is repeals the Regulation (EU) No. 805 / 2011 of the Commission , assumes the establishment of requirements which should apply to the competent authorities in relation to the common standards of fitness for air traffic controllers employed by air navigation service providers and apply them effectively, in order to ensure to the public air traffic management and air navigation (ATM/ANS) services, among others. In this sense, the medical requirements for air traffic controllers are set forth in the ATCO PART. MED of the cited regulation (EU) No. 2015 / 340 of the Commission, of 20 of February.
With regard to analytical tests carried out in the medicos-aeronauticos Awards, in Spain there is a practice, already recognized by resolution of 29 November 2005, of the Directorate General of Civil Aviation, on analytical tests to perform in these awards, to be issued in order to clarify at the time the provisions of the order of 21 March 2000 , by which is adopted them requirements joint of aviation for them licenses of the crew of flight (JAR-FCL), relating to the Organization medico-aeronautica, them certified medical of class 1 and of class 2, and them requirements medical enforceable to the personal of flight civil, in order avoid doubts or hesitations that could produce is among them medical examiners air.
For the same reasons, and after the new regulatory changes, it is necessary to clarify provisions of the MED part of Regulation (EU) No. 1178 / 2011 of the Committee, on 3 November, and at the ATCO part. MED of the Regulation (EU) No. 2015 / 340 of the Commission, of 20 of February, for the practice of them honors medical aeronautical destined to the expedition of them certificates of class 1, 2, 3, LAPL and CC.
The purpose of this resolution is derived from the provisions listed below, as well as the acceptable means of compliance and guidance Material laid down to the effect: 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 of the Regulation (EU) No. 1178 / 2011, the Committee, on 3 November; and ATCO. MED. B.030, ATCO. MED. B.035 of Regulation (EU) No. 2015/340, of the Commission, of 20 February.
En_virtud_de the foregoing, the Director of the State Agency of aviation safety, resolves: to) the interested party, prior to the analytical testing, must give their consent for which will sign the document, which served as an annex to this resolution. In the event that testing the own medical examiner air (A.M.E.), using test strips, make the bottom of consent shall be completed to document the results with the signature of both parties.
(B) each medico-aeronautico recognition of classes covered by this resolution will take place in the following determinations in the analytical: • blood: blood count, blood glucose, lipid profile (total cholesterol and triglycerides, with fractions before significant numbers of cholesterol, and/or the presence of cardiovascular risk factors), (GOT liver profile; GPT; (GGT), profile kidney (creatinine, acid uric).
• Urine: Sediment and abnormal in all cases.
• Shall be checked at least four drugs defined in paragraph E, which will necessarily be amphetamines, cocaine, marijuana and opiates.
(C) only will be valid analytical testing as approved by the State Aviation Safety Agency for each aeronautical Medical Center (AeMC) or medical examiner air (A.M.E.)
(D) the air medical examiners must have, among its team, with a system of screening of addictive through reactive strips for urine analysis. The Agency State of security air may authorize the subcontracting of this service with a laboratory, all this of conformity with it willing in the order FOM / 2157 / 2003, of 18 of July, by which is determine them requirements and the procedure for the designation and authorization of them centers medical and of them medical examiners.
E) according to the description contained in the Manual on prevention of problematic use of certain substances in the workplace in the field of civil aviation (Doc. ICAO 9654-AN/945) on drugs psychotropic or other substances to take into account, with or without dependence, shall be taken into consideration the following:-amphetamines.
(F) the research initial is held in the time of the examination medical for the obtaining / revalidation / renewal of a certificate medico-aeronautico in any of them cases in that is perform this part of the test, as is has described.
Tests for confirmation and identification of the drug will be made within a maximum period of ten days from the moment in which the sample for analysis referred.
Tests for counter-analysis shall be requested by the interested party within a maximum period of three days from the time they are notified of reliably.
(G) if it has not requested the counter-analysis samples subjected to custody shall be destroyed within a period of three months.
(H) in the event of positive results occur, will be indicated by the holder of the medical certificate that may not exercise the powers of his license, in accordance with article 34 of Act 21/2003 air safety.
I) during the sample collection process, the interested party may be accompanied by a person properly identified (health personnel or aeronautical personnel). The sample will be collected under the supervision of medical personnel.
(J) by the air medical examiners shall be activities for surveillance and diagnosis that will detect the abuse and propose solutions to those interested in cases that are detected.
(K) the protocols established between Center and medical examiners air medical with their respective laboratories, when they have this outsourced service, will be adapted to the provisions of the present resolution.
(L) Likewise, shall apply the provisions in the Regulation (EU) No. 1178 / 2011 of the Committee, on 3 November, in particular, the MED part in relation to certificates class 1,2, LAPL and CC; and the provisions in the Regulation (EU) No. 2015/340, the Committee, on 20 February, in particular, the ATCO-MED part for class 3 certificates.
This resolution will void the resolution of 29 November 2005, of the Directorate General of Civil Aviation, on analytical tests to perform in such acknowledgements and any other explanation for it.
This resolution shall enter into force the day following its publication in the "Official Gazette".
Madrid, 30 July 2015.-the Director of the State Agency of aviation safety, Isabel Maestre Moreno.
ANNEX consent to determination of drugs of abuse and alcohol data of the person who undergoes the test: surname name ID card (type and number) class of medical certificate: place established for the collection of the sample: date and time of specimen collection:
D..., medical examiner air, duly authorized by the State Agency for air safety, has informed me satisfactorily on the use of urine/blood for the detection and confirmation, if appropriate, drug abuse or alcohol, as set out in part MED of Regulation (EU) No. 1178 / 2011 of the Committee, on 3 November, and at the ATCO part. MED of the Regulation (EU) No. 2015 / 340 of the Commission, of 20 of February.
In the event that there is a positive result in any of the above-mentioned determinations, I will not exercise the powers of my license, in accordance with the provisions of article 34 of the law 21/2003, of July 7, air safety, until the confirmation of absence of them.
The not appearance or negative to submit is to these determinations analytical, may give place to the refusal of the certified medical that corresponds.
Understood all of the above, I,..., DOY/NO DOY (delete as appropriate) MY CONSENT so that the laboratory of medical examiner air above referred analytical determinations.
Signature interested firm A.M.E.
---Was developed by the medical examiner air, authorized under test strips, test result NEGATIVE/POSITIVE for... (indicate, if any, the drug (s) (s) which turned out to be positive and delete as appropriate). Used strips are incorporated into this document, fixing with Staples.
Date signature interested signature of the A.M.E.
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