General Aviation
Declaration for non-commercial operation with ULM, historical and amateur aircraft non-EC
Aircraft registered in other States which do not have a certificate of airworthiness issued in accordance with the provisions of Annex 8 to the Convention on International Civil Aviation do not fall within the scope of Article 5 of that Convention and may therefore not enter the airspace of another State or make stops in its territory for non-commercial purposes without the prior authorisation of that State.
Among the aircraft referred to in the previous paragraph are ultra-light structure (ULM) aircraft, amateur construction aircraft and historical aircraft whose certificate of airworthiness does not comply with Annex 8, which are also excluded from the scope of Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July, as they meet the characteristics set out in Annex I to that Regulation.
In this regard, Article 2(3) of Regulation (EU) 2018/1139 provides that, without prejudice to the obligations of Member States under the Chicago Convention, aircraft covered by Annex I to this Regulation and registered in a Member State may operate in other Member States, subject to the agreement of the Member State in whose territory the operation takes place.
In addition, the European Civil Aviation Conference (ECAC), through recommendations ECAC INT.S/11-1 (amateur construction aircraft) and ECAC35-1 (historical aircraft), invites Member States to accept each other’s airworthiness certificates for the purpose of allowing the flight of these aircraft without any restrictions other than those provided for in their airworthiness certificate or flight permit.
In this regard, the Spanish Aviation Safety Agency has established the conditions applicable to permitting the flight of this type of aircraft in Spanish airspace by means of the Resolution of 27 June 2019 of the Directorate of the State Aviation Safety Agency. The responsible declaration has been established as a procedure for enabling non-commercial and temporary flights of the aircraft referred to in the first subparagraph.
Additional information and the responsible declaration form can be found at the State Aviation Safety Agency’s website.
If you need additional information, please write to sobrevuelos.aesa@seguridadaerea.es
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