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Royal Decree 123/2015, On 27 February, Which Regulates Licensing And Qualifications Of The Microlight Pilot.

Original Language Title: Real Decreto 123/2015, de 27 de febrero, por el que se regula la licencia y habilitaciones del piloto de ultraligero.

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Aviation schools and air sports activities are subject to the requirements of Law 48/1960 of 21 July on Air Navigation and Law 21/2003 of 7 July on Air Safety, providing for the latter which falls under the responsibility of the Ministry of Public Works for the Management of Recreational Aviation.

The regulation of ultra-light sport flight and the regime applicable to flight centres and ultra-light schools are currently listed in the Order of the Ministry of Transport, Tourism and Communications, 24 of April 1986, issued in the development of Royal Decree 2876/1982 of 15 October 1982 regulating the registration and use of ultra-light-structure aircraft and amending the registration of private non-commercial aircraft.

The time since the adoption of these provisions, together with the constant evolution of this flight activity and the technical advances of ultra-light aircraft, make it necessary to address the urgent modification of the system. of the teaching and the licenses and ratings for the practice of the flight in ultralight to ensure the maintenance of the safety standards of the operation. With this object, this royal decree is adopted.

In addition, the requirements for medical certificates of ultra-light aircraft pilots are simplified by referring to those laid down by Commission Regulation (EU) No 1178/2011 of 3 November 2011, which is lay down the technical requirements and administrative procedures related to civil aviation flight personnel under Regulation (EC) No 216/2008 of the European Parliament and of the Council for the licences of light aircraft pilot (LAPL), those that enable to act without remuneration as a pilot-in-command in non-commercial operations on aeroplanes and helicopters with a maximum take-off mass of 2,000 kg or less, carrying a maximum number of 3 passengers.

The Royal Decree 2876/1982 of 15 October, which regulates the registration and use of light structure aircraft and modifies the registration of private non-commercial aircraft, is amended to bring its regime into line with the provisions of the this rule and the chapters of the Order of 24 April 1986 governing the flight of ultra-light, which regulated the subject matter of development by means of this royal decree, are repealed.

This royal decree is issued pursuant to Article 149.1.20. of the Constitution, which attributes to the State exclusive competence in matters of air space control, transit and air transport and in accordance with the provisions of the the fourth final provision of Law 48/1960 of 21 July on Air Navigation.

In its virtue, on the proposal of the Minister of Public Works, with the prior approval of the Minister of Finance and Public Administrations (...) the Council of State, and after deliberation by the Council of Ministers at its meeting on February 2015,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object.

This royal decree is intended to regulate the requirements and procedure for obtaining the license and the ratings for ultralight pilots, as well as the requirements of teaching and testing for their get.

Article 2. Definitions.

1. For the purposes of this royal decree is understood by:

(a) Displacement of the Severity Center (DCG): Special consideration of the ultraligeros that make their aerodynamic control subject to the displacement of the center of gravity of the aircraft assembly and occupants.

b) Ultra-light license: The crew meat, title or license referred to in Royal Decree 2876/1982 of 15 October, which enables its holder to perform the recreational activity of flying in ultralight conditions and according to the enabled ratings on the same.

(c) Ultraligero: the motorised aerodines falling within one of the categories provided for in Article 1 of Royal Decree 2876/1982 of 15 October 1982.

d) Flight only: the one in which the pilot student is the only occupant of the ultralight and in which he develops the exercises under the supervision of the instructor.

e) Flight time record: flight log document of the flights performed by the ultralight pilot.

2. The definitions of Commission Regulation No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures shall apply to the other concepts used in this royal decree. related to civil aviation flight personnel under Regulation (EC) No 216/2008 of the European Parliament and of the Council.

Article 3. Competencies.

Corresponds to the State Aviation Safety Agency, in accordance with the provisions of its Statute, approved by Royal Decree 184/2008 of 8 February 2008:

(a) Exorder the licenses of the ultra-light pilots as well as, where appropriate, the suspension or revocation to which they would have taken place in accordance with the provisions of Title V of Law 21/2003 of 7 July on Air Safety.

b) Anotate in the licenses the obtaining, revalidation and renewal of the habilitations of the pilots of ultralight.

c) Convalidate the required titles and ratings for the ultralight flight granted by Member States of the International Civil Aviation Convention.

(d) The aeronautical inspection, in accordance with the provisions of Titles III and IV of Law 21/2003, of 7 July, of Air Safety.

e) The exercise of sanctioning power in this matter, in accordance with Title V of Law 21/2003, of July 7.

CHAPTER II

Teaching and exams

Article 4. Pilot pupil.

1. To be a pilot student, a minimum age of 16 years is required and enrolled in an ultra-light flight school authorized by the State Aviation Safety Agency.

2. The following documentation shall be submitted for registration in an ultra-light flight school:

(a) photocopy of the DNI, in the case of Spanish nationals, and number of foreign identification or passport in force, in the case of citizens of the Member States of the European Union, of the States party to the Agreement of the European Economic Area or third countries.

It will not be necessary to provide photocopy of the DNI or NIE when the interested party provides the consent for the verification of the identity data through the Data Verification System established in the Royal Decree 522/2006, of 28 in April, for the deletion of the contribution of photocopies of identity documents in the administrative procedures of the General Administration of the State and its related or dependent public bodies.

(b) The minors shall attach the authorization of the person who holds the parental authority or guardianship over the person concerned, with a notarial legal status of signature or legalization by the corresponding diplomatic or consular representation.

(c) Medical certificate in force in accordance with the requirements laid down in Article 8 (b).

3. The flight schools of ultra-light carriers shall issue an identification document for each student registered, which shall also include the identity of the person responsible for the instruction, and shall expire on the same date as the medical certificate to which he or she is responsible. (c)

(c).

The pilot student must carry this document at all times while developing the practical instruction.

4. The pilot student shall not fly solo unless, on the occasion of his or her own instruction, he does so under the supervision of a flight instructor who shall determine the contents and limits of the flight area and monitor its development. In no case can the pilot student fly solo on a cross-border flight, or carry any companions, even if the operational limitation on the operation outside the Spanish airspace has been put on hold, as provided for in the Royal Decree 2876/1982 of 15 October 1982.

Article 5. Instruction.

1. Flight schools of ultra-light aircraft authorised by the State Aviation Safety Agency shall provide the theoretical training and practical training specific to the type of aircraft or aircraft of school at their disposal.

2. In order to obtain the ultralight pilot licence, the required theoretical and practical instruction must be completed.

3. The theoretical instruction is aimed at providing a level of appropriate theoretical knowledge through examinations on the following subjects:

a) Air law (DA).

b) General knowledge of the aircraft of the type in which you perform the instruction (CGA).

c) Performance (PE).

d) Human Actuations and Limitations (FH).

e) Meteorology (ME).

f) Navigation (NV).

g) Operational Procedures (PO).

h) Flight principles (PV).

i) Communications (COM).

The State Aviation Safety Agency will detail the basic contents of each of the subjects that make up the teaching program and publish it on its website.

4. The practical instruction shall comprise the performance, in the type of aircraft in which the licence is to be obtained, of a minimum of 15 (15) hours of flight instruction, which shall include three hours of flight only, during which time shall not be carried out. less than 20 take-offs and twenty landings and a cross-country flight with a minimum duration of sixty minutes, during which a complete stop shall be made on a flight field other than that of departure.

For aircraft with a centre of gravity displacement, the minimum number of hours of instruction referred to in this paragraph shall be ten (10) hours.

5. Prior to the first flight alone, the student will have demonstrated to his instructor the knowledge, both theoretical and practical, of the flight rules and situations that may be presented during the flight.

Article 6. Tests.

1. In order to obtain the ultralight pilot licence, it is necessary, after completing the theoretical instruction given by an authorised flight school, to pass a theoretical examination and a practical examination.

2. The theoretical examination will be a test. Once passed, the theoretical examination will have a validity period of 24 months.

3. The practical examination shall consist of a flight test, the content of which shall be described by the State Aviation Safety Agency and published on its website. It shall be carried out in the presence of an examiner designated by the State Aviation Safety Agency, as provided for in the following Article.

For practical examination, the pilot student must meet the following requirements:

(a) Have completed the practical instruction referred to in Article 4.4.

b) Have passed the theoretical examination and are within the period of validity provided for in the previous paragraph.

(c) Contar at a minimum age of 17 years at the date of the examination, without prejudice to the fact that obtaining the licence is subject to compliance with the age requirement laid down in Article 8.1 (a).

(d) Keep in force the medical certificate provided for in Article 8.1 (b).

Article 7. Examiner.

1. The practical examination referred to in paragraph 3 of the previous Article shall be supervised by an examiner on board the aircraft, designated by the State Aviation Safety Agency. It is also for the designated examiner to monitor the flight test for the procurement and renewal of the ratings, as provided for in the following Articles, as well as for the validation referred to in Article 13.2.

2. The State Aviation Safety Agency may designate examiners among those who develop aeronautical inspection tasks at the service of the State Aviation Safety Agency.

3. It may also designate examiners among those who have obtained the certificate of examiner, issued by the State Aviation Safety Agency, in accordance with the provisions of this Article.

To obtain the examiner certificate you will need to meet the following requirements:

a) Dispose of the ultralight instructor enablement, in effect and corresponding to the type of ultralight in which you are going to examine.

b) Credit, at least, 500 hours of flight time as pilot-in-command and 150 hours as an ultralight instructor of the type for which it is enabled.

c) Overcome the standardization course established by the State Aviation Safety Agency, the content of which will be available on its website.

(d) Overcome a competition assessment, to be carried out before a designated examiner in paragraph 2 or an experienced examiner in paragraph 4.

The competence assessment shall consist of the monitoring of a flight test where the data subject shall act as an examiner and shall include an information session and post-flight analysis.

e) Not having been sanctioned by the State Aviation Safety Agency with the limitation, suspension or revocation of the ultralight license.

4. Examiners certified in accordance with the above paragraph may, upon request and justification of their experience, be accredited by the State Aviation Safety Agency as experienced examiners.

Accreditation as an experienced examiner enables you to perform, in addition to the flight tests provided for in paragraph 1:

(a) The assessment of the competence to obtain the approval of the examiner referred to in paragraph 3 (d), and

(b) The assessment of competence for the procurement of the ultralight instructor (FI) rating, as provided for in Article 11.1.c).

5. The certificate issued shall reflect the privileges of the examiner, including, where appropriate, accreditation as an experienced examiner. The certificate shall be valid for three years and may be revalidated during its period of validity where, in addition to the requirements laid down in paragraph 3 (a) and (d), the following two requirements are met:

(a) There have been two flight tests carried out in accordance with paragraph 1 in the 12 months preceding the application. In the case of an experienced examiner, you will also be required to have a competitive assessment.

b) Haber conducted the upgrade course for examiners taught by the State Aviation Safety Agency.

When the examiner certificate has expired, obtaining a new certificate shall require compliance with all the requirements laid down in paragraph 3.

6. He shall refrain from exercising the functions provided for in this Article by the examiner who has been an instructor of the person concerned or whose impartiality may otherwise be affected. '

CHAPTER III

License and enablement

Article 8. Ultralight pilot's license.

1. They are requirements for obtaining the ultralight pilot's license, in addition to crediting the training, theoretical and practical, foreseen in this royal decree:

a) Having at least eighteen years of age.

(b) Being in possession of a medical certificate issued in accordance with the provisions of Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and procedures (a) administrative related to civil aviation flight personnel under Regulation (EC) No 216/2008 of the European Parliament and of the Council for the certificates of the light aviation pilot licence (LAPL) included, in is applicable, the limitations provided for in the.

2. The ultra-light pilot's licence, provided that it is accompanied by the medical certificate provided for in Article 8.1 (b), in force, empowers its holder to act as a pilot in command of any ultraliger for which he is duly authorised. enabled.

3. The licence shall be issued, upon application by the person concerned, by the State Aviation Safety Agency after the theoretical and practical examinations provided for in Chapter II have been completed. The person concerned shall accompany the application for the medical certificate provided for in Article 8.1 (b) in force.

In the ultralight pilot license, the ratings obtained by its holder will be inserted.

4. The holder of the ultralight pilot's licence shall keep and maintain an updated flight time record, in accordance with the model published by the State Aviation Safety Agency on its website.

5. The license may only be reissued when at least one of the fixed-wing Multiaxle (MAF), Center of Gravity (DCG), Helicopter (H), Autoturns (AG) or Hidroavion (HD) ratings are in force.

Article 9. Ratings.

1. The following ratings are set:

a) Fixed-Wing Multiaxes (MAF).

b) Severity center offset (DCG).

c) Autoturns (AG).

d) Helicopters (H).

e) Hydroplane (HD).

f) Instructor (FI).

g) Radiofonista (RTC).

2. The ratings referred to in points (a) to (f) of paragraph 1, both included in the ultra-light licence, are valid for two years, and must be revalidated or renewed, as appropriate, for the same two-year periods. The rating of a radio-player has an indefinite validity, as long as some of the conditions laid down in points (a) to (e) of paragraph 1 are maintained in force, as provided for in Article 12

2).

Article 10. Fixed-wing Multiaxle (MAF), Center of Gravity (DCG), Autoturns (AG), Helicopters (H) and Hydroplane (HD).

1. When obtaining the ultralight pilot licence, the rating for the aircraft mode in which the pilot student has conducted the flight test and received the theoretical and practical instruction shall be inserted in the same.

2. In order to obtain a different rating, the ultralight pilot must have carried out, in the type of ultraligero whose rating he intends to obtain, at least:

(a) The theoretical and practical instruction corresponding to that aircraft mode, delivered by an ultra-light flight school authorized by the State Aviation Safety Agency.

b) Five hours of flight.

(c) A flight test to an examiner designated by the State Aviation Safety Agency, as provided for in Article 7. Prior to the test, the applicant shall answer the questions submitted by the examiner on the operation and handling of the aircraft.

3. In order to be revalidated before the MAF, DCG, AG, H and HD ratings expire, the data subject shall, in his/her flight time record or by means of a certificate issued by an ultra-light flight school, have five hours of flight time in the 12 months prior to the request.

4. To renew the expired MAF, DCG, AG, H, and HD ratings, the data subject must perform a flight test before an examiner.

5. In order to revalidate and renew an entitlement, it is essential to have the medical certificate in force provided for in Article 8.1 (b).

Article 11. Ultra-light instructor (FI) enablement.

1. To obtain ultralight instructor enablement is required:

a) Ultra-light pilot license, with the enabling in force of the type of ultralight in which it intends to impart the instruction and, where appropriate, the radio-station enablement.

(b) Credit, in your flight time record or by certificate issued by an ultralight flight school, two hundred hours of flight time in the type of ultralight in which you intend to deliver the instruction.

c) Overcome the theoretical and practical tests of the ultralight instructor course, the content of which will be approved by the State Aviation Safety Agency and published on its website.

Both the theoretical examination and the practical examination shall be conducted before an examiner designated by the State Aviation Safety Agency, which shall be an examiner of Article 7.2 or an experienced examiner of Article 7.4.

The practical examination will consist of a competency assessment to demonstrate the ability of the person to instruct the level required to obtain the appropriate license or enablement.

2. The holder of the ultralight Instructor Enablement may provide theoretical and practical instruction in an ultra-light school, only in the type of ultra-light to which his or her rating is concerned. In order to provide instruction in another type of ultralight, it will be necessary to meet the following requirements:

(a) Possession of the rating corresponding to the type of ultralight in question, which must be in force; and

(b) credit, on their flight time registration or by certificate issued by an ultralight flight school, a minimum of 200 flight hours in that type of ultralight.

3. In order to revalidate the instructor's rating (FI), the person concerned shall, in his/her flight time record, prove a minimum of five hours of flight of instruction at an approved school, given in the 12 months preceding the application, in each of the types of ultralight for which you are enabled as an instructor.

4. In order to renew the expired instructor's rating or when the minimum number of hours indicated in the previous paragraph cannot be credited, the person concerned shall:

a) Attend the update seminar for instructors from the State Aviation Safety Agency.

(b) Credit, by certificate issued by an ultra-light flight school, which has taught at least three hours of theoretical classes at that school under the supervision of the instructor.

(c) Credit, by certificate issued by an ultra-light flight school, which has carried out at least five hours of flight in which the person concerned does the work of the instructor and the instructor of the school does the work Pilot student.

d) Overcome the assessment of competence referred to in paragraph 1 (c).

Article 12. Radio Enablement (RTC).

1. In order to obtain the radio address, the interested party must certify:

a) Poseer the ultralight pilot's license, with at least one enablement, in effect.

b) Have passed the ultralight radio station, approved by the State Aviation Safety Agency and published on its website, which will include a theoretical and practical examination.

2. The radio spectrum rating allows the use of the air band to establish the aeronautical communications necessary for the performance of the flight practice.

The renewal or revalidation of the radio-on-radio rating shall be automatic when any of the ratings provided for in points (a) to (e) of Article 9.1 (a) to (e) are revalidated or renewed. license.

Article 13. Validations.

1. Any holder of an ultralight pilot's licence issued outside Spain may request the State Agency for Air Safety to validate his licence with the ratings he carries, without prejudice to the provisions of the paragraph 4. To obtain the validation, the data subject shall accredit:

a) Poseer the ultralight pilot's license in effect.

(b) Dispose of the medical certificate provided for in Article 8.1 (b) in force.

(c) If the licence does not carry any rating, the pilot shall credit a minimum of 40 hours of flight time for the type of ultralight (MAF, DCG, AG, H, HD) corresponding to the enablement to be inserted in the licence.

d) Conduct a flight test with an examiner designated by the State Aviation Safety Agency, as provided for in Article 7.

2. Pilots with a private pilot licence (PPL), commercial aircraft pilot (CPL) and air line transport pilot (ATPL) applying for the validation to obtain the ultralight licence, which will carry the MAF or H ratings, according to appropriate, they must prove that:

a) Poseen the pilot license in effect.

(b) Dispose of the medical certificate provided for in Article 8.1 (b) in force.

(c) Haber performed at least three hours of practical instruction at a school of ultra-light, of which one shall be a flight only, in the type of ultralight whose rating is intended to be recorded in the licence, or alternatively, have passed a flight test to an examiner.

In order to establish the practical instruction referred to in this paragraph, the person concerned shall provide a certificate issued by the school of ultraligeros, in which it must be stated, in addition, that the person is aware of the operational and emergency procedures and has the training corresponding to the type of ultralight in question.

3. Ultralight pilots who hold the International Civil Aviation Organization (ICAO) pilot's license in force may apply for the insertion of the national radio station (RTC) in their ultra-light license.

4. In no case can the ultralight Instructor (FI) enablement be validated.

CHAPTER IV

Other Provisions

Article 14. Procedure.

1. In order to obtain the certifications, approvals, licenses, ratings, convalidations and other authorizations provided for in Chapters II and III, the person concerned shall send a written request to the State Agency of Air Safety accompanied by the documentation of compliance with the requirements of this royal decree.

In those procedures where the data subject is required to pass a flight test or a proficiency assessment, the application shall be submitted within a maximum of 2 months after the test has been exceeded.

2. The deadline to resolve will be three months from the date of application.

In the case of the procedures provided for in Chapter II, after that time limit without express resolution, the request shall be deemed to be deemed to be administrative silence.

In the case of the procedures provided for in Chapter III, after the period of three months without express resolution, the application shall be deemed to be refused by negative administrative silence, in accordance with the Derogation provided for in the additional twenty-ninth provision of Law 14/2000 of 29 December of Fiscal, Administrative and Social Order measures for the procedures for the issue, renewal, revalidation and validation of securities and aircraft pilots ' licenses, helicopter pilots, sports aviation pilots and on-board mechanics and the procedure on enabling and permitting of flight personnel.

The resolutions of the State Aviation Safety Agency put an end to the administrative route in the terms provided for in Article 4 of its Statute, approved by Royal Decree 184/2008 of 8 February.

Article 15. Collaborating entities.

In accordance with the provisions of Article 26 of Law 21/2003 of 7 July 2003 on Air Safety, the State Aviation Safety Agency may authorize persons and entities to collaborate to carry out the effects of this real a decree, the activities referred to in Article 26 of that law.

The system of complaint and appeal against the actions of the collaborating entities will be that provided for in Article 26.5 of Law 21/2003, of July 7, of Air Safety.

Single additional disposition. Containment of public expenditure.

The measures included in this royal decree will not be able to increase appropriations or salaries or other personnel costs.

First transient disposition. Replacement of the Student-Pilot card.

The Student-Pilot cards in force at the entry into force of this royal decree will continue to be valid until their term of validity expires, without being replaced by the identification document provided for in this document. royal decree.

In accordance with the above, at the expiration of the period of validity of the card, your owners must request the issuance of the new document, in the terms and conditions provided for in this royal decree.

Second transient disposition. Licenses issued prior to the entry into force of this royal decree.

1. From the entry into force of this royal decree, all licenses, with the ratings that you carry, will be issued in accordance with the provisions of this royal decree.

Exceptionally, to those who have passed the theoretical and practical examinations prior to the entry into force of this royal decree request the issue of the license after their entry into force, they will be issued the licence under the scheme preceding the entry into force of this royal decree. The licence issued shall be subject to the provisions of paragraph 2.

The person concerned that the entry into force of this royal decree would only have passed the theoretical examination, will not be able to enforce it for the realization of the practical examination and subsequent obtaining of the regulated license in this real decree.

2. Licences issued before the entry into force of this royal decree shall remain valid, with the same privileges and ratings and, where applicable, limitations with which they were granted, for the period of one year from the date of entry into force. force of this royal decree.

During the period of one year, no revalidation or renewal of ratings shall be carried out, and the following paragraph shall be included for the issue of a new licence.

3. Before the expiry of the period of one year referred to in the previous paragraph, the holders of licences issued prior to the entry into force of this royal decree shall request the State Aviation Safety Agency to issue the of a new licence as provided for in this royal decree, for which they must accredit, in their flight registration or by certificate issued by an ultralight flight school, a minimum of 20 hours of flight in the type of aircraft ultralight corresponding to the enablement that you want to insert into the license. In the case of licences which carry the enabling of Instructor (FI), it shall also be necessary to accredit, by means of a certificate issued by an ultra-light flight school, at least 5 hours of instruction in the type of aircraft corresponding.

Without prejudice to the provisions of the previous paragraph, the holders of a national radio rating may request their automatic conversion into the radio station (RTC) regulated in this royal decree, always and when they have at least one MAF, DCG, AG, H or HD enablement in effect.

Transitional provision third. Theoretical examination.

Until, by means of a resolution of the State Aviation Safety Agency, as provided for in the fifth final provision, the requirements for understanding the theoretical test of the test prescribed in the Article 6.2, in order to pass such an examination, it must be answered correctly, at least 75% of the questions and shall not penalize the questions answered incorrectly.

Repeal provision. Repeal rules.

Chapters IV to VIII, inclusive, of the Order of 24 April 1986, for which the flight of ultralight is regulated, and any other standard of less than or equal rank in that which are contrary to the provisions of this Regulation, shall be repealed. royal decree.

Final disposition first. Amendment of Royal Decree 2876/1982 of 15 October, regulating the registration and use of light structure aircraft and amending the registration of private aircraft not commercial.

The following amendments are made to Royal Decree 2876/1982 of 15 October, which regulates the registration and use of light structure aircraft and changes the registration of private non-commercial aircraft:

One. The fourth article is deleted.

Two. A single additional provision of the following wording is added:

" Single additional disposition. Updating references.

The references of this royal decree to crew meat should be understood to be made to the ultralight pilot's licence and those relating to the Civil Aviation Subsecretariat should be understood to be made to the State Agency of Air Safety. "

Final disposition second. Competence title.

This royal decree is issued under the exclusive competence conferred on the State by Article 149.1.20. of the Constitution on transit and air transport.

Final disposition third. Regulatory enablement.

1. The Minister of Public Works is enabled to dictate the development provisions of this royal decree.

2. The Director General of Civil Aviation may approve by means of aeronautical circular those provisions of a secondary and technical nature in order to specify, to complete and to assure the most effective application of this royal decree, to whose effect it will have in the light of the requirements and recommendations adopted by the International Civil Aviation Organization and the International Organizations of which the Spanish State is part.

Final disposition fourth. Execution and application.

The State Aviation Safety Agency shall, in the field of its powers, take the necessary measures for the implementation and enforcement of the provisions of this royal decree.

Final disposition fifth. Entry into force.

This royal decree will enter into force two months after its publication in the "Official State Gazette".

Given in Madrid, on February 27, 2015.

FELIPE R.

The Minister of Development,

ANA MARIA PASTOR JULIAN