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Royal Decree 384/2015, 22 Of May, Which Approves The Regulation Of Registration Of Civil Aircraft.

Original Language Title: Real Decreto 384/2015, de 22 de mayo, por el que se aprueba el Reglamento de matriculación de aeronaves civiles.

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The Aircraft Matriculation Registry is a record of administrative nature governed by Chapter V of Law 48/1960 of 21 July on Air Navigation, and in the Regulation of the Register of Aircraft Matriculation, approved by Decree 416/1969 of 13 March.

This royal decree addresses a new regulation of the Civil Aviation Matriculation Register and establishes a single registration regime for all civil aircraft, including ultra-light aircraft and aircraft. private use of non-mercantile use which up to now has a specific regime, determines the aircraft excluded from registration and incorporates and orders the regulation on test plates for new serial aircraft, which need to carry out flights test for verification, tuning and maintenance, and for aircraft prototypes used for test, development, verification, entry to point or certification flights.

A new concept is introduced, the registration reserve, for cases where the registration of an aircraft is scheduled in Spain, which is granted as long as the final registration procedure is applied and regulates the temporary cancellation of a registration for a period of not more than 5 years, when the registration is temporarily registered abroad.

On the other hand, the relationship of this administrative register and the Register of Furniture is instrumented by providing for the communication by telematic means, in order to speed up the registration procedures, and specifying that it corresponds to the Registration of the Civil Aircraft Matriculation the function of granting nationality and assigning the marks of nationality and registration. The qualification of the legal titles provided for the registration is carried out by the Register of Furniture. In addition, in this royal decree, having regard to the information provided by the Ministry of Justice, the provisions necessary to allow the application of the Convention on International Guarantees on Mobile Equipment Elements (City of Cape, November 2001), specifying that the Furniture Registry is the access point with the International Register created by this instrument.

This royal decree is dictated by the habilitation that Article 32 and the fourth final provision of Law 48/1960, of 21 July, of Air Navigation, give the Government to dictate the necessary provisions for the development and implementation of that law.

In its virtue, on the proposal of the Minister of Public Works, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council and after deliberation by the Council of Ministers at its meeting of the day 22 May 2015,

DISPONGO:

Single item. Approval of the Regulation on the registration of civil aircraft.

The Civil Aircraft Registration Regulation is approved, the text of which is inserted below.

Additional disposition first. Material and personal means.

The measures incorporated in this royal decree do not imply an increase in the budgetary allocations for each financial year, or for appropriations, remuneration or other personnel costs.

Additional provision second. Identification card.

The identification card referred to in Articles 3, 5 and 6 of Royal Decree 2876/1982 of 15 October 1982 regulating the registration and use of ultra-light aircraft and amending the aircraft registration Non-commercial private persons shall be understood as referring to the registered certificate of registration in the Regulation approved by this royal decree.

Additional provision third. Allocation of enrollments to the termination of available strings.

1. Upon the entry into force of this royal decree, the registration mark of the aircraft of the Spanish Aircraft Matriculation Registry will continue to consist of a three-letter group of the Spanish alphabet.

In building aircraft by fans, the registration marks will continue to start with the letters Y, Z or X.

The ultraligeros will continue to use two letters for the registration mark, which will be successively formed, according to the alphabetical order, and to which a number will follow, from 1 to 9, also successive.

2. After the registration marks referred to in the previous paragraph have been exhausted, they shall be started in accordance with the provisions of the Civil Aircraft Registration Regulation approved by this royal decree.

Additional provision fourth. Validity of the registration and identification of the ultra-light aircraft issued prior to the entry into force of this royal decree.

The ultra-light structure aircraft registered in the Special Regime of Ultraligeros, from the entry into force of this royal decree, will be integrated into the Register of the Matriculation of Civil Aircraft, retaining the validity of the registration plate and the Identification Code.

Additional provision fifth. Registration certificates issued on paper.

Original registration certificates, issued on paper support prior to the entry into force of this royal decree, shall be provided at the time of cancellation of the registration or change of ownership of the aircraft, or in a the maximum period of 15 days after any of those circumstances have taken place.

In case of removal, loss or deterioration of the certificate of registration issued on paper, the registrant may request the issuance of a digital duplicate of the registration certificate, contributing the complaint filed with the competent police authority, in cases of subtraction.

Additional provision sixth. International records.

When in accordance with the provisions of an International Convention or Treaty signed by Spain and in the protocols and regulations for the development of those, certain rights and guarantees imposed on aircraft registered in Spain Spain shall be eligible for registration in an International Register, without prejudice to the preferential application of international standards, and shall proceed as follows:

(a) Once the registration of the guarantee or international law is practiced in the Register of Furniture Goods, or from the seat of presentation itself when the reserve of priority is provided on rights of future constitution, The competent Registrar of Furniture shall record the reservation of international priority in the relevant International Register in the terms and conditions provided for in the relevant Treaty and Protocol.

For the purposes of Article 18 of the Convention on International Guarantees on Mobile Equipment, made in Cape Town on 16 November 2001, the Furniture Registry is the access point for the national of the information necessary for the practice of international registration.

The substantive and formal requirements of the guarantee or of the international registration and the proceedings before the International Register are governed by the provisions of the corresponding international instrument. From communications to the International Register, the Registrar of Furniture to the Register of Civil Aviation Matriculation shall immediately account.

b) When the guarantees and rights under Spanish law were also subject to registration in an International Register for the purposes of the corresponding Treaty, protocol or regulation and the interested parties request expressly from the Furniture Registrar to gain international priority, the Registrar, practiced the registration, will proceed in the form previously provided for the reservation of international priority.

c) In accordance with the provisions of the relevant Treaty, priority shall be given to the guarantee and international rights on movable movable property in Spain the rights and privileges or categories thereof, not registered in the International Register, which the Spanish legislator has reserved as a priority in the corresponding instruments of accession, ratification or approval of the Treaty, protocol or regulation.

Single transient arrangement. Regime of proceedings initiated prior to the entry into force of this royal decree.

The procedures initiated prior to the entry into force of this royal decree will continue to be processed in accordance with the new registration registration regime, keeping all the procedures previously completed.

Single repeal provision. Regulatory repeal.

Repealed:

(a) Decree 416/1969 of 13 March on the Regulation of the Register of Aircraft Matriculation.

(b) The first paragraph of Article 2, and Articles 7 to 13, inclusive, of Royal Decree 2876/1982 of 15 October 1982 governing the registration and use of ultra-light aircraft and amending the register of non-commercial private aircraft.

(c) Article 18 of the Order of 31 May 1982 approving a new regulation for the construction of aircraft by fans.

(d) Article 2 (4) of the Resolution of the Under-Secretary of State for Civil Aviation of 17 November 1977 approving the recast text of the Regulation on the Marks and the Matriculation of Aircraft Civilians.

Final disposition first. Amendment of Royal Decree 2876/1982 of 15 October 1982 regulating the registration and use of ultra-light-structure aircraft and amending the registration of non-commercial private aircraft.

The title of "Royal Decree 2876/1982 of 15 October 1982 governing the registration and use of ultra-light structure aircraft" is amended.

Final disposition second. Rules of application.

The general provisions on administrative procedures contained in Law 30/1992, of 26 November, of the Legal Regime of the Public and the Public Administrations will be applicable in this royal decree. Common Administrative Procedure.

Final disposition third. Regulatory development.

The Minister of Public Works will dictate the rules of development that this royal decree requires.

Final disposition fourth. Competence title.

This royal decree is issued under the exclusive competence of the State on airports of general interest; air space control, transit and air transport, and aircraft registration, as set out in the article. 149.1.20. 1st of the Constitution.

Final disposition fifth. Entry into force.

This royal decree will enter into force on December 1, 2015.

Given in Madrid, 22 May 2015.

FELIPE R.

The Minister of Development,

ANA MARIA PASTOR JULIAN

CIVIL AIRCRAFT REGISTRATION REGULATION

CHAPTER I

General provisions

Article 1. Object.

This regulation is intended to regulate the requirements, form and effects of the registration of civil aircraft in the Civil Aviation Matriculation Register, as well as the acts and documents that are registered, in accordance with the provisions of the provided for in Law 48/1960 of 21 July on Air Navigation.

Also, it regulates requirements for the allocation of test enrollments for new aircraft of series or aircraft prototypes.

Article 2. Scope.

1. This Regulation shall apply to all civil aircraft which are registered in accordance with the provisions of Article 18 of Law 48/1960 of 21 July.

2. Ultralight, historic aircraft and aircraft built by fans are covered by this regulation, with the exception of the aircraft listed in Article 3.

3. This Regulation shall not apply to military aircraft, as such are those laid down in Article 14.1 of Law 48/1960 of 21 July, which are subject to their specific regulation.

Article 3. Aircraft excluded from their registration in the Civil Aircraft Matriculation Register.

By virtue of the provisions of Article 151 of Law 48/1960 of 21 July, in its text as amended by Law 55/1999 of 29 December 1999 on fiscal, administrative and social measures, the following aircraft are hereby approved: exempt from the requirement of registration in the Register of Aircraft Matriculation:

(a) Delta and other free-flying wings: Delta wings and free-flying wings are considered to be aircraft equipped with supporting structures, rigid or semi-irrigated, which require human action for take-off and landing, as well as moving through the atmosphere.

(b) Paragliders: These non-rigid supporting structures are considered to be paragliding, for which the physical effort of their occupants is required only for take-off and landing.

(c) Motorized paragliders: Motor-powered paragliders or paragliders with an auxiliary propulsion system are considered to be either supported by an occupant or by an auxiliary structure.

(d) Other aircraft that require physical effort for take-off or landing, even if they are equipped with an auxiliary propulsion system to facilitate take-off.

(e) Microgliders: Microgliders are considered to be non-powered aircraft with a vacuum weight of less than 80 kilograms in the case of single-seater or 100 kilograms in the case of two-seater, including those for foot-launching.

(f) Other aircraft whose total weight at take-off, discounted the weight of the pilot, is less than 70 kilograms.

g) Captive Balloons: Captive balloons are considered to be those aerostats that are not capable of being manned, which are mainly held in the air by virtue of their ascending force and which do not move freely in the atmosphere. how long they remain tied to the ground or to a vehicle moving on the land or water surface.

(h) Unmanned balloons, the maximum weight of which is less than 6 kilograms. Non-manned balloons are considered to be those aerostats that are not capable of being manned or controlled.

(i) Aeromodels, such as aircraft, capable of being sustained in the atmosphere, not capable of carrying a person on board, provided that they are used exclusively for aerial demonstrations, sporting activities, Recreational or competition with a maximum take-off weight of less than 150 kilograms.

(j) Remote-controlled aircraft whose registration does not apply, as provided for in their specific rules.

CHAPTER II

The Civil Aircraft Matriculation Register

Article 4. Headquarters.

The Civil Aircraft Matriculation Registry is dependent on the State Aviation Safety Agency, and its geographical scope extends to the entire national territory. It consists of a single office based in Madrid.

Article 5. Nature.

1. The Civil Aviation Matriculation Registry is a register of administrative nature, the inscriptions of which grant Spanish registration and nationality to the civil aircraft registered in it.

2. The data entered in the Register of Civil Aviation Matriculation shall not prejudice matters of ownership, performance of contracts and, in general, any other civil or commercial nature may arise in respect of such matters. aircraft

Article 6. Advertising.

1. The Civil Aircraft Matriculation Register is a public record, accessible to those people who credit a legitimate interest. The advertising shall be carried out by means of certification of the registered data, which shall consist of computer support.

2. The registry authority will issue the following certificates:

a) Certificate of Entitlement.

b) Fleet certificate.

c) Certificate about the history of an aircraft

Article 7. Single registration scheme.

In the Civil Aircraft Matriculation Registry there will be a single registration regime that will be common for all aircraft.

Article 8. Type of seats and effects.

1. Two types of seats, inscriptions and annotations shall be carried out in the Register of Civil Aircraft Matriculation. The registration, the registration and the Spanish nationality, shall only have administrative effects for the operation of the aircraft and the consequences associated with it, without prejudice to the tax consequences that may arise from the registration of aircraft, and the annotations are produced for the exclusive advertising effects.

2. Sign-ups:

a) Matriculation.

b) Cancellation.

3. Records of the legal titles affecting the aircraft, the owner and the operator of the aircraft, relating to:

a) Entitlement changes.

b) Charges and levies.

(c) Technical Vicsitudes in accordance with Article 30.

Any act or contract for which the ownership, lease or any other transfer title of the possession or use of the aircraft is acquired or transmitted shall be entered, together with the novations to such contracts. (a) where such novations involve change in the legal position of the holder, or involve the subjective modification of one of the parties to the contract already registered. Charges, charges and mortgages affecting aircraft shall also be recorded.

Short-term lease contracts referred to in Article 27 are excluded.

4. In order to carry out the entries and entries in the Register of Civil Aviation Matriculation, a seat sheet shall be opened for each aircraft in which its registration, the technical data of the aircraft and its vicissitudes shall be recorded. (a) the reference to the legal title, the compulsory air insurance to which it is subject, the charges and charges, and any changes in ownership which occur in relation to it. The seat sheet for each aircraft shall be closed with the cancellation of the registration.

Article 9. Competence to practice register seats and issue certifications.

The competence to practice registration and registration, as well as for the issuance of the corresponding certificates, corresponds to those who determine the Status of the State Aviation Safety Agency, approved by Royal Decree 184/2008 of 8 February.

Article 10. Relationship to the Furniture Record.

1. Aircraft shall necessarily be registered in the Civil Aviation Matriculation Register and, where applicable in accordance with their specific rules, in the Register of Furniture, with the exception of aircraft with Test enrollment.

2. The first registration of an aircraft shall be carried out in the Register of Civil Aviation Matriculation, who shall, in the light of the documentation submitted, referred to in Article 21, assign to the aircraft a registration with the provisional character and issue a provisional Certificate of Matriculation, making the preventive annotation of the legal title that gives rise to the granting of provisional registration.

The final registration of the aircraft shall be carried out in accordance with the terms of Article 23, by proceeding with the registration authority for the issuance of the definitive Matriculation Certificate.

3. Legal acts following the registration of aircraft which are registered in the Furniture Register, in accordance with their specific legislation, shall be entered first in that Register.

The acts referred to in the preceding paragraph, involving change of ownership, shall be entered in the Register of the Aircraft Matriculation, at the request of the interested parties, provided that the prior registration is established in the Register Furniture by means of the communication made by it. Charges and charges shall be entered on the trade in accordance with the statement of the Furniture Register.

4. If there is any cause of cancellation of the registration of those provided for in this Regulation, the Registry of the Aircraft Matriculation shall cancel the registration and communicate it to the Registry of Furniture, when the aircraft is registered in that Record.

5. All entries made in the Register of Furniture or in the Register of the Matriculation of Aircraft shall be communicated to each other by means of telematics.

CHAPTER III

Aircraft registration procedure

Section 1. Common Rules

Article 11. Active legitimation.

They shall be entitled to apply for registration and registration as referred to in Article 8, natural or legal persons having the nationality of any of the Member States of the Economic Area. European, when operating the aircraft referred to in Article 2, whether they own them, or whether they are operated under a lease, or any other possesory title recognised in the legislation in force.

It may also be requested by natural or legal persons who are not nationals of Member States, respectively have their habitual residence or permanent establishment in Spain and use aircraft for private use.

Article 12. Requests.

1. Entries or entries shall be made at the request of either party or office, as appropriate.

2. Applications for registration or entry, initiated at the request of a party, which do not have a specific procedure, must accompany the following documentation:

(a) The justification for the payment of the required fee for the service that is requested.

b) If you are a natural person, copy of passport, DNI, NIE or residence card. In the case of the Spanish, consent so that the Register of Matriculation of Aircraft can obtain that data from the System of verification of identity data.

(c) If this is a legal person, a copy of the writing of the constitution and powers of representation and, where appropriate, certification of the official register in which the entity is registered, which establishes that it is legally constituted in any Member State of the European Union or the European Economic Area.

d) Copy of the legal title and other documentation which, if necessary, is necessary in the light of the document. In the case of aircraft of Spanish military origin, a final discharge certificate must be provided in the Register of Defense Aircraft, indicating the final destination of the aircraft.

In the case of the Legal Titles that are entered in the Register of Furniture, it will be provided original and copy of it.

(e) Customs clearance document, for the cases of import or export of aircraft.

f) Autoliquidation of the Special Tax on Certain Means of Transportation or Justification of Non-Restraint Or Exemption.

g) Liquidation of the taxes that correspond or the declaration of non-attachment, exemption, prescription or deferral of the same.

3. Applications to the Aircraft Matriculation Register may be submitted in accordance with standard models:

(a) By any of the means indicated in Article 38.4 of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. According to standard models, together with the required documentation in each case.

b) By electronic means in accordance with the provisions of Law 11/2007 of 22 June 2007 on the electronic access of citizens to public services and other applicable regulations.

Article 13. Legal titles.

The registration of the Civil Aircraft Matriculation Register shall be performed by virtue of a public or private document that accredits the acquisition of the property or the possession of the aircraft, in which the settlement of the aircraft is recorded. Capital Transmissions Tax and Documented Legal Acts.

Public documents, when they are granted in foreign territory, must be subject to legalization in accordance with the provisions of Royal Decree 1497/2011 of 24 October, determining the officials and competent authorities to carry out the single legalisation or apostille provided for in Convention XII of the Hague Conference on Private International Law of 5 October 1961.

Private documents must contain the notarial legitimation of the firms of the licensors. In the case of those awarded on foreign territory, they shall contain the legalisation, by means of the Hague apostille, of the notarial intervention.

In the case of non-signatory countries of the Hague Convention, legalization will be carried out through diplomatic channels.

Article 14. Language.

Legal titles not written in Spanish must be translated by a sworn interpreter.

Article 15. Deadlines for urging entries and annotations.

1. The maximum time limit for applying for registration of an aircraft shall be three months from the date of granting of the corresponding legal title or from the date of delivery of the aircraft for the commencement of the aircraft. operations.

If the aircraft were registered in another State, the maximum period for the application of the registration shall be from the cancellation of registration in the Register of the Aircraft Matriculation of the country of origin.

The maximum period for requesting the cancellation of an aircraft will be three months from the date of granting the corresponding legal title. In cases of destruction or inoperability it will be one year since the accident occurred or the aircraft became inoperative.

2. The maximum period for applying for changes of ownership, charges and charges will be 15 days, once the prior registration of the corresponding legal title in the Register of Furniture is accredited by means of the communication. carried out by the latter. In those cases where the legal title provided is not registered in that Register, it is for the Register of Civil Aircraft Matriculation the registration of the same and its annotation within the maximum period of three months counted from the day next to the date of your presentation

Article 16. Enforcement of enrollment.

1. In accordance with Article 29 of Law 48/1960 of 21 July, aircraft shall be registered in the Register of Civil Aviation Matriculation except for aircraft with a test registration as provided for in Chapter IV and which are listed in Article 3.

2. The obligation to apply registration registration or the registration of a change in ownership of an aircraft shall fall to the acquirer for any title of the aircraft, whether or not it is a live inter or a cause.

3. The obligation to request the registration of a registration fee shall fall to the registrant.

4. Failure to comply with the obligations arising from this Regulation shall be punishable in accordance with the provisions of Law 21/2003 of 7 July 2003 on Air Safety.

Article 17. Nationality marks and registration of civil aircraft.

1. The nationality and registration marks of the aircraft of the Spanish Civil Aviation Matriculation Register are formed by the Spanish nationality mark, which is determined by the group of letters EC, followed, after a dash, by 4 letters of the Spanish alphabet, with omission of the "n", which make up the registration, and which will be combined successively, following the alphabetical order.

2. For aircraft of an ultra-light structure and those built by amateurs, the registration marks shall consist, in addition to the nationality mark consisting of the letters EC, in a group consisting of a letter starting with the U or the A, respectively, and three numbers, to be assigned in the following order.

3. The nationality and registration marks of civil aircraft must comply with the stipulations laid down in the rules for the development of this royal decree.

Article 18. Individualisation of aircraft.

The aircraft will be individualized by the number assigned to you by the Aircraft Matriculation Registry.

Article 19. Administrative silence and resources.

1. After the time limits laid down for the resolution of the procedures provided for in this royal decree without express resolution, the interested parties may understand their claims for administrative silence in accordance with the provisions of the additional twenty-ninth provision, of Law 14/2000 of 29 December, of fiscal, administrative and social measures.

2. In the case of acts, express or presumed, of the Director of Aviation Safety, who do not exhaust the administrative route, an appeal may be brought before the Director of the State Aviation Safety Agency, in accordance with the provisions of the Article 4 of Royal Decree 184/2008 of 8 February 2008 approving the status of the State Aviation Safety Agency.

The time limits for the application of the appeal will be, as provided for in Article 115 of Law 30/1992, of 26 November, if the act were to express one month, from the day following the notification of the same, if not outside, the period shall be three months from the day following that in which the effects of the administrative silence occur.

Section 2

Article 20. Reservation of registration.

1. The Register of Civil Aviation Matriculation may reserve a registration for new or used aircraft whose acquirers are intended to be registered in Spain. To this end, the applicant for that registration reservation must attach to his application the following documentation:

a) The aircraft registration reservation request, together with the clearance of the corresponding fee.

b) A written affidavit, justifying the need for a registration reservation and committing, under his or her responsibility, not to make use of the reserved registration until the Registration of the Aircraft Matriculation does not issue the certificate of provisional registration of the aircraft.

c) A copy of the legal title or agreement of intent, which accredits that the property will be acquired or will enjoy the possession of the aircraft. In case the origin of the aircraft is Spanish military, certified with the administrative situation of low definitive, or in process of low, of the Register of Defense Aircraft.

2. In order to obtain a registration reservation, it is necessary for the aircraft to have the corresponding type certificate or be in a position to have a restricted airworthiness certificate.

3. The award of the registered registration fee shall be for a maximum of six months, after which it shall be entered on a provisional registration. Otherwise, the reservation will be cancelled on its own initiative.

4. No registration may be reserved for ultra-light structure aircraft or aircraft built by fans.

Article 21. Provisional registration.

1. Within the framework of the procedure for the final registration of an aircraft and prior to its granting, the Aircraft Matriculation Registry shall assign to the aircraft a provisional registration plate, provided that the aircraft has the relevant aircraft. a type-certificate or a certificate of limited airworthiness, at the request of the natural or legal person meeting the requirements laid down in this Regulation, and present for that purpose the documentation referred to in Article 12.2, with the exception of the provisions referred to in paragraphs (e), (f) and (g), together with the following documents:

a) A copy of the legal title that sufficiently accredits your status as the owner or legitimate holder of the aircraft.

(b) Certificate of non-registration, in the case of new construction aircraft, or of cancellation of registration, in the Register of Aircraft Matriculation of the country of provenance, or certificate of absence, in the Register of Aircraft of the Defense, for the case of aircraft of Spanish military origin.

(c) Certificate of insurance company or insurance contract made in accordance with Regulation (EC) 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements of companies air carriers and aircraft operators, or, where appropriate, in accordance with the provisions of the Air Navigation Act and other implementing rules.

For the allocation of a provisional registration, documents may be submitted in foreign languages and photocopies of the required documentation.

2. Aircraft built per fan, in addition to the documentation provided for in point (c) of the previous paragraph, should provide the following:

a) Copy of the Statement of Ownership subscribed by the aircraft builder, in which the number of the aircraft's identification number is the number of the construction authorization.

b) Certificate of provisional airworthiness or equivalent document.

3. The Civil Aviation Matriculation Register shall issue an interim registration certificate which shall have the same effect as the final registration certificate.

This certificate shall be issued within a maximum of 15 days, from the application, provided that all the documents referred to in paragraph 1 are provided or, where appropriate, from the sub-healing of the application, or in the absence thereof, from the end of the term of the cure.

The provisional registration of an aircraft shall determine the Spanish nationality during the validity of such registration.

Granted the provisional registration, provided that the legal title is registered in the Register of Furniture, the interested party must present the original of the legal title in that Registry for its qualification and registration, as a prior step for the conversion of the provisional registration plate. In those cases where the legal title provided is not an entry in that Register, the Register of Civil Aircraft Matriculation shall be entered in the Register.

4. The State Aviation Safety Agency shall not issue the certificate of airworthiness until the Civil Aviation Matriculation Registry issues the provisional registration certificate.

The State Aviation Safety Agency, in the light of the provisional registration certificate, may be able to carry out the daily on board or notebook of the aircraft, as well as the aircraft's engine pins. The computer records of commercial air transport operators that gather the information contained in those books shall not be filled in.

Article 22. Duration of the provisional registration.

The term of validity of the provisional registration shall be three months from the date of its issuance, after this period the provisional registration number shall be cancelled ex officio. That period may be extended when the applicant is credited with the need for an extension, either due to unforeseen or force majeure, or for late payment of the legal title in the Furniture Register.

The extension will be for a maximum duration of 45 calendar days from the end of the provisional registration period, and must be requested with at least 2 working days in advance of its expiration. After the expiry of the extended period, if the documentation required for the final registration of the aircraft has not been provided, the provisional registration fee shall be cancelled.

Article 23. Final registration.

1. The final registration of the aircraft shall be carried out and the final registration certificate issued, as appropriate:

(a) Within the maximum period of 15 days, from the receipt of the communication of the registration of the legal title in the Register of Furniture and the totality of the documents referred to in Article 12.2.

(b) In those cases where the legal title is not registered in the Furniture Register, the time limit for the final registration of the aircraft shall be three months from the date of receipt of the application. regulated in Article 12.

2. Prior to the final registration of the aircraft, the Civil Aviation Matriculation Register shall incorporate a technical description of the aircraft into the file, in accordance with the data at the State Aviation Safety Agency.

3. The final registration shall be made by computer means and shall include at least the data contained in the Certificate of Matriculation issued, making reference, in the cases where appropriate, to the communication received from the Register of Furniture on the registered legal title.

Article 24. Certificate of final registration.

Practiced the final registration of an aircraft in the Register, the Director of Aviation Safety shall issue the final registration certificate, which shall be entered, the number of the aircraft in the Register; the marks of nationality and registration; the manufacturer, the model and the serial number of the manufacturer; the name and address of the owner, holder or tenant and the date of issue of the certificate, in accordance with the International Civil Aviation Convention; of 7 December 1944.

Article 25. Validity of the registration certificate.

1. The certificate of registration issued to the aircraft on property shall have an indefinite effect as long as the ownership of the aircraft is not changed.

2. The certificate of registration issued to the aircraft registered under a legal title of lease or any other transfer of ownership by which the ownership of the aircraft is not transferred shall be valid for the period of validity of the title that gave origin to the enrollment.

In the case of contractual extension or acquisition of the full domain by the holder, such an end must be credited to the Civil Aviation Matriculation Register, requesting the practice of the legal title at least 15 days before the end of the period of validity of the registration. If the circumstances referred to above are not justified within a period of 15 days from the end of the previous contract, the file for cancellation of the registration shall be initiated on its own initiative.

Article 26. Effects of the Certificate of Matriculation.

The provisional Matriculation Certificate and the final registration certificate are required for the operation of the aircraft, but they are not sufficient on their own to permit the aircraft, so the aircraft must have the rest of the aircraft. authorisations, ratings and certificates required by the State Aviation Safety Agency for each type of operation.

Article 27. Short-term leases.

Non-lease or subleasing of aircraft of a duration equal to or less than six months shall not be entered.

In order to use aircraft under short-term leases or sub-leases, it will be necessary to obtain prior authorisation from the State Aviation Safety Agency.

Section 3. Changes in ownership, charges, levies and technical vicissitudes

Article 28. Change of entitlement.

1. When the change in ownership of the aircraft is produced, the acquirer shall call for the issuance of a new Certificate of Matriculation.

2. If a change in ownership of the aircraft occurs, the acquirer shall submit an application to update the aircraft's registration data within one month from the date of the award of the contract. Failure to comply with this obligation is considered a breach of the provisions of Article 33 (7) of Law 21/2003 of 21 July 2003 on air safety.

3. The records of the legal acts relating to the ownership, after the registration of the aircraft, shall be carried out in the Register of Civil Aviation Matriculation at the request of the person concerned, with the applicant, together with the request, the following documents:

(a) The justification for the payment of the required fee for the service that is requested.

b) Photocopy of the legal title.

4. Until the registration of the change of ownership is applied and a new Certificate of Matriculation is issued, the State Aviation Safety Agency may authorize the use of the aircraft to the new holder, in order not to paralyze its use, during a three-month period, which may be extended at most, for a further period of 45 calendar days. To this end, the applicant shall meet the following requirements:

a) Haber started the paperwork for the annotation of the new legal title.

b) Dispose of the authorizations, licenses, or approvals that, in each case, are required to perform the activity to which the aircraft is intended to be used.

c) That the aircraft be suitable for the intended use by the new holder.

5. The legal evidence of the change of ownership that is filed with the Aircraft Matriculation Registry to urge the registration modification shall reflect the mutual agreement between the contractual parties.

Article 29. Charges and levies.

1. The charges and charges relating to aircraft registered under its specific regulation in the Register of Furniture shall be entered on the register of the Aircraft Matriculation for information purposes by virtue of the communication of the Furniture Record.

2. In the event there are charges and levies on an aircraft, recorded in the Register of Matriculation of Aircraft, on which there is no cancellation in the Register of Furniture, to proceed to the cancellation of the registration of the said aircraft, it shall be necessary to present an express authorisation of the creditors whose right or interest protects that cargo or, where appropriate, the authority which decreed the registered cargo.

Article 30. Technical vicissitudes.

The technical vicissitudes involving change in the aircraft model and communicated to the Civil Aircraft Matriculation Registry by the corresponding Unit of the State Aviation Safety Agency shall be recorded. by annotation on the.

Section 4. Cancellations

Article 31. Cancellation of tuition.

1. The Register of Civil Aircraft Matriculation, either on its own initiative or at the request of a party, shall cancel the registration of the aircraft.

2. The following causes will be cancelled at the instance of the party:

a) Destruction or total loss of the aircraft.

b) Inoperability and scrapping of the aircraft.

c) Acquisition, on a permanent basis, of the military aircraft condition.

d) Matriculation in foreign country.

(e) A valid disposal in favour of persons who do not have Spanish nationality or that of any of the Member States of the European Economic Area, unless they habitually resided or had a permanent establishment in Spain and were to use the aircraft for non-profit use.

3. In order to cancel the registration of an aircraft at the request of its registrant, it shall be necessary, together with the documentation provided for in Article 12.2, to be present in advance:

a) Original and photocopy of the Legal Title that motivates the cancellation.

b) In the event that the aircraft is leased, original, and photocopy of the lease or document resolution document showing the compliance of both parties to cancel the registration.

(c) Copy of the customs clearance document for the export of the aircraft, if its destination is a non-member State of the European Economic Area.

When the destination of the aircraft is a non-European Economic Area country, the aircraft registration of the aircraft shall not be cancelled until the applicant obtains the certificate of airworthiness for the export, if this necessary to enroll the aircraft in that country.

If the aircraft is alien to foreign natural or legal persons not resident or not established in Spain, the declaration of non-attachment to the Tax on the transfer of assets and legal acts shall not be required. documented.

4. The following cases will be cancelled ex officio:

a) By firm judicial resolution.

(b) In cases where the holder of the aircraft is the holder of the aircraft under an annotated legal title whose validity has expired, and no new title has been provided to prove the continuity of the possession of the aircraft. same.

(c) For the course of five years from the date of the temporary cancellation of an aircraft, in accordance with Article 32, without the holder of the aircraft having applied for the resumption of the registration certificate.

(d) In the case of destruction of the aircraft, or where the aircraft is inoperative, if the cancellation of the aircraft has not occurred at the request of a party in accordance with paragraph 2 (a) and (b) thereof, Article.

An aircraft becomes inoperative when its certificate of airworthiness review or equivalent document has not been renewed in five years and its registrant has not submitted a request for cancellation at that time. An extension of up to 10 years may be granted for historical aircraft as defined in accordance with Annex II to 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 and establishing a European Aviation Safety Agency, and repealing Council Directive 91 /670/EEC, Regulation (EC) No 1592/2002 and Directive 2004 /36/EC.

Before proceeding to the cancellation of trade, the Registry shall notify the registrant of the opening of the cancellation file so that, within ten working days, it may make representations.

Article 32. Temporary cancellation of tuition.

The registrant of an aircraft may request the temporary cancellation of his/her registration for a time not exceeding five years, when that aircraft is to be temporarily registered in a foreign country by virtue of a possession, or when the aircraft acquires for a period of time equal to or less and on a temporary basis, by virtue of the different types of possession that the law contemplates, the condition of military aircraft.

To proceed with the temporary cancellation of the aircraft registration, the registrant shall provide the documentation referred to in Article 31.3.

The temporary cancellation of the aircraft registration shall not be carried out until the applicant obtains the certificate of airworthiness for export when the destination of the aircraft is a non-Space country. European Economic.

The Aircraft Matriculation Registry shall notify, by resolution, the temporary cancellation of the aircraft registration and shall inform the Aircraft Matriculation Registry of the country where the aircraft is to be registered.

Article 33. Recovery of tuition.

1. Upon completion of the validity of the title that prompted the temporary cancellation of the registration, the registrant will request the resumption of the registration certificate, for which he will provide the following documents:

a) Request to resume the registration certificate.

b) The cancellation statement of the country where the aircraft was registered.

(c) Customs Office Document for the import of the aircraft, in the event of a State not being a member of the European Economic Area.

(d) Certificate of the insurance company or insurance contract carried out in accordance with Regulation (EC) 785/2004 of the European Parliament and of the Council of 21 April 2004, or, where appropriate, as provided for in the Act of Air navigation and other implementing rules.

e) A certificate of definitive discharge in the Registry of Defense Aircraft, in the case of military aircraft that have not permanently acquired the status of military aircraft.

2. Five years after the date of the temporary cancellation of the aircraft's registration, without the registrant applying for the resumption of the registration certificate, the Register of Civil Aviation Matriculation will proceed of the craft to the final cancellation of the registration of the aircraft in accordance with Article 31.4.c).

Article 34. Cancellation enrollment.

1. The registration shall be carried out when the registration of the aircraft is cancelled, in accordance with any of the causes of Articles 31.2 and 31.4.

2. The cancellation registration shall express the cancellation of the entries previously made and the effect of the registration certificate being extinguished.

In addition to the above, mention will be made of the cause and the document that will motivate you, if the cancellation occurs at the request of your registrant. If it is ex officio, the registration shall state the authority which decrees it and the fact that it has motivated it.

3. The Civil Aviation Matriculation Register, when it is cancelled, shall inform the Registry of the Aircraft Matriculation of the country where the aircraft is to be registered, or the Aircraft Registry of the aircraft. Defence in the case of Spanish aircraft, if it were to take account of the cause of the cancellation.

CHAPTER IV

Test Enrollment

Article 35. Concession.

1. A test plate may be granted in the following cases, with the purpose and conditions of use indicated in each case:

(a) Serial-made aircraft: for the performance of verification, entry-to-point and maintenance flights, during their manufacturing process until delivery to the customer.

b) Prototype aircraft: for conducting test flights for research, development, verification, entry to point or certification.

2. In addition, a test plate may be granted to aircraft referred to in points (a) and (b) of the preceding paragraph for demonstration purposes for the sale or training of crews, when the registration of the aircraft in the Registration of the Matriculation of Civil Aircraft was unfeasible or impractical, given its experimental character subject to constant configuration changes, or due to the short period of time foreseen until its disposal.

Article 36. Registration mark in evidence.

The test number will consist of the EC nationality mark followed by a dash and then three numbers. This registration shall be fixed on the aircraft in accordance with the provisions in force.

Article 37. Number of assignable test enrollments.

The State Aviation Safety Agency may assign to each applicant one or more test plates, as required by the application, with an indication of the aircraft data to which they may be applied.

Article 38. Use of test license plates.

1. In the case of test flights described in Article 35.1.a), the applicant may use the same test number on the various new aircraft manufactured by him each time he needs to carry out test flights, but may not apply it to more of an aircraft at the same time.

Each application of the test plate to a different aircraft, identified by its serial number, shall be communicated at least three days in advance to the date of its use, to the State Agency of Air Safety, in order to enable it to carry out the relevant inspections and to take control of the use of the plates by the manufacturer.

2. The test plate obtained in the cases referred to in Article 35.1.b) may only be applied to the prototype of the designated aircraft, identified by its serial number, for a period of one year which may be extended by the State Agency Air safety for the same successive periods, if necessary for the development and certification of an aircraft model.

Article 39. Conditions for their use.

1. The use of test plates shall be subject to the condition that the aircraft complies with the applicable airworthiness requirements as applicable, including the availability of the airworthiness document that corresponds to it.

2. The effectiveness of the test plates shall be conditional on the aircraft being operated by the applicant in accordance with the applicable requirements in accordance with the rules in force. Your operation by a third party will result in automatic cancellation.

Article 40. Procedure.

The state air safety agency has one month to resolve test registration requests.

After the aforementioned period, if there is no express resolution, the application shall be deemed to be dismissed, as provided for in Article 19.1 of this royal decree.

Article 41. Control.

While the grant of the test registration does not imply the registration of the aircraft in the Civil Aircraft Matriculation Registry, the State Aviation Safety Agency shall take the necessary control of the aircraft.