Air operations
Dangerous goods
- COMPETENCES
- REGULATIONS
- PROCEDURE FOR THE INITIAL ISSUANCE OF APPROVAL FOR THE CARRIAGE OF DANGEROUS GOODS BY AIR FOR AIR TRANSPORT OPERATORS (CAT, NCC, NCO AND SPO)
- PROCEDURE FOR PROCESSING APPROVALS AND EXEMPTIONS/DISPENSATIONS
- REPORTING THROUGH THE OCCURRENCE REPORTING SYSTEM
- Ensure compliance with national and international regulations by passengers, shippers and packers, air transport agents, cargo acceptance personnel, flight crew, passenger personnel, etc. and in general, all agents involved.
- Participation in international fora, both European and global, for the updating and harmonisation of the requirements applicable to the carriage of Dangerous Goods by air.
- Participation in National Commissions for Intermodal Transport, cooperation with Autonomous Communities and other national forums for regulating and monitoring the Transport of Dangerous Goods.
- Processing of approval for the transport of Dangerous Goods to Air Operators in accordance with the European implementing regulations.
- Approval and supervision of dangerous goods transport training programmes provided by air operators, for all other agents involved in the transport please access directly the link available below to process the request:
- Processing of exemptions/dispensations.
- Law 48/1960 of 21 July on Air Navigation.
- Law 21/2003 of 7 July on Air Safety.
- Commission Regulation (EU) 965/2012 of 5 October laying down technical requirements and administrative procedures in relation to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council.
- Royal Decree 1180/2018 of 21 September 2018 implementing the Air Regulation and common operational provisions for air navigation services and procedures and amending Royal Decree 57/2002 of 18 January 2002 approving the Air Traffic Regulation.
- Royal Decree 130/2017 of 24 February 2017 approving the Explosives Regulation.
- Royal Decree 989/2015 of 30 October 2015 approving the Regulation on pyrotechnic articles and cartuchery.
- Resolution of 10 December 2020 of the Directorate-General for Civil Aviation, publishing the Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Document 9284/AN/905), 2021-2022.
- Resolution of 27 July 2022 of the Directorate of the State Aviation Safety Agency on minimum requirements for the qualification of instructor/assessment personnel assigned to dangerous goods training programmes by air.
- Doc. 9481 AN/928 Guidance on emergency response for air incidents involving dangerous goods.
- Doc. 10147: Guidance on the competence-based approach to training and evaluation in dangerous goods.
- it is a case of extreme urgency or,
- other forms of transport are not appropriate or,
- full compliance with the established requirements is contrary to the public interest.
- Every operator is obliged to notify the relevant authorities of the State of the operator and the State in which an accident or incident occurred, in accordance with the notification requirements of those authorities concerned, of accidents and incidents involving dangerous goods.
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Every operator must also notify any occasion on which undeclared or misdeclared dangerous goods are discovered in the cargo or in the mail. Such notification should be addressed to the appropriate authorities of the State of the operator and the State in which this occurred. The operator must also notify any occasion on which dangerous goods are discovered not permitted in accordance with the provisions for carriage by passengers either in baggage or which passengers or crew members carry in their person. Such notification should be addressed to the appropriate authorities of the State in which this occurred.
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Any operator must notify the appropriate authority of the State of the operator of any event in which dangerous goods have been found to have been transported that have not been loaded, segregated, separated or secured in accordance with the provisions of these Instructions or it is found that dangerous goods have been transported for which no information has been provided to the pilot-in-command.
NOTE: This Regulation incorporates into national law the latest version of ICAO Annex 18 and Document 9284 Technical Instructions for the Safe Air Transport of Dangerous Goods associated with it in those operations within its scope.
The procedure for the initial issuance of the approval for the carriage of dangerous goods by air for air transport operators shall be initiated with the request by the operator and shall be processed in the same way as the other Specific Approvals. To do this please go directly to the link available below to process the corresponding application:
4. PROCEDURE FOR PROCESSING APPROVALS AND EXEMPTIONS/DISPENSATIONS
The Technical Instructions for the Safe Transport of Dangerous Goods by Air Document ICAO. 9284 AN/905, in relation to prohibited dangerous goods, provides that:
“In cases of extreme urgency, or where other modes of transport are not appropriate, or where the fulfilment of all the conditions required is contrary to the public interest, the States concerned may waive compliance with the provisions of the Instructions, provided that in such cases everything is necessary to achieve a general level of safety that is equivalent to the level of safety provided for in these Instructions. The States concerned are: of origin, transit, overflight, the destination of the consignment and the State of the operator.’
To apply for an exemption, the operator must address his request to:
Director of the State Aviation Safety Agency
Paseo de la Castellana 112
28046 Madrid, Spain
You can also request it through the following email address: mmpp.aesa@seguridadaerea.es
The application must include all transport information according to the relevant application form.
AESA shall grant the exemption if it considers that a level of safety equivalent to that laid down in the Technical Instructions for the safe transport of dangerous goods by air is met, and if it also has to:
The request for exemptions shall be made at least 10 days before the scheduled date of the flight, depending on the model:
REQUEST FOR EXEMPTION FOR THE CARRIAGE BY AIR OF PROHIBITED DANGEROUS GOODS
5. REPORTING THROUGH THE OCCURRENCE REPORTING SYSTEM
The persons obliged to notify shall make the notification to the organisation of which they are part through the channels and formats established in the mandatory notification system of the organisation within 72 hours of the knowledge of the event. The organisation shall be responsible for notifying AESA within 72 hours after becoming aware of the event. Pursuant to Royal Decree 995/2013 which develops the regulation of the State Operational Safety Programme for Civil Aviation, it may be notified in addition to the AESA incident reporting system.
If you are a professional not obliged to notify or the notification is outside your scope, you can make a voluntary notification within your organisation for evaluation and, if appropriate, for referral to EASA.
Regulation (EU) 376/2014 makes it mandatory for organisations to use standardised formats for communication with the authority to facilitate the exchange of information.
In the specific case of the transport of dangerous goods, as specified in the Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Document 9284/AN/905):
In the case of an aircraft accident or a serious aircraft incident related to dangerous goods carried as cargo, the operator of the aircraft carrying dangerous goods as cargo shall provide, without delay, to emergency personnel responding to the accident or serious incident, information relating to the dangerous goods on board, extracted from the information provided to the pilot-in-command.
The minimum information to be provided must be in line with the provisions of AMC1 CAT.GEN.MPA.200(e), and the forms to be used to notify the competent authority can be found at the following link of the AESA Event Notification Service
