Frequently asked questions

In some cases, where the findings detected during the inspection on an aircraft prove to be major or serious breaches for operational safety, the different Participating States may decide to revoke the entry permit of that aircraft. In such a situation, the aircraft or all of the aircraft forming part of the operator, as the case may be, shall not be able to operate or fly in the airspace of Spain. If the ban is imposed only on the inspected aircraft, it may not operate in any other State, since it cannot leave Spanish airspace. This prohibition may be lifted if the aircraft operator demonstrates that the problems have been properly addressed and corrected in accordance with the instructions required by the authority. Therefore, the revocations of the operating permit can, and are usually, temporary in nature.

With regard to these prohibitions and their subsequent lifting, participating States which are also members of the European Union shall act in accordance with the provisions laid down in Regulation (EC) No 2111/2005 on the establishment of a Community list of air carriers subject to an operating ban within the Union.

In accordance with the requirement set out in Commission Regulation (EU) No 965/2012, ARO.RAMP.145 Reports, Participating States are also including information from the centralised database on their monitoring measures. This information makes it possible to assess the ability and willingness of operators to rectify the findings identified during ramp inspections and is used in subsequent analyses of the generated data.

...bien, debemos realizar una entrada a través del registro de la sede electrónica.

La relación de las organizaciones con AESA es a través de la SEDE ELECTRONICA, desde donde puede enviar los formatos de notificación de programas de mantenimiento a la División de Aprobaciones y Estandarización de Aeronavegabilidad.

a) a Type Certificate (TC) or (
b) Restricted Type Certificate (RTC), or (
c) Supplementary Type Certificate (STC), or (
d) An approval of a major change or ETSO authorisation.

Persons or entities not resident in Spanish territory who have to request from the Agencia Estatal de Seguridad Aérea the performance of activities or the provision of services within their competence in the field of air navigation, by paying the corresponding fee, may do so by bank transfer to the Agency’s restricted tax collection bank account, in the entity La Caixa and is identified by the code: International Bank Account Code:

Van ES19 2100 5731 71 0200076413 and Swift Code: CAIXESBBXXX

The requirements for air operations are defined in Commission Regulation (EU) 965/2012 of 5 October 2012, which apply to both commercial and non-commercial operations.

The above-mentioned regulation defines specialised operations as any operation other than a commercial air transport operation in which an aircraft is used for specialised activities such as agriculture, construction, photography, surveillance, observation and patrol, aerial advertising, and maintenance verification flights, with skydiving being one of these operations.

Specialised operations may be commercial, where remuneration, whether commercial or non-commercial, and depending on the commercial or non-commercial nature of the transactions, is applicable different requirements as indicated in Article 5 of the Regulation, as follows:

1. Specialised commercial operations: They must comply with the requirements of Annex III and VIII of the Regulation. Since 21 April 2016 Commission Regulation (EU) 965/2012 of 5 October 2016 has been applicable in Spain to specialised operations which require compliance with Annexes III and VIII of that regulation and the submission of a declaration of compliance (requirement ORO.DEC.100) to the competent authority of the State in which the operator has its main base. 1. Skydiving 2. External Transport of Persons with Helicopter (HEC) 3. Sensational Flights 1. In this regard, since the operation to be carried out is classified as a high risk, it would be necessary to obtain an authorisation to carry out high-risk operations in accordance with requirement ORO.SPO.110. of Regulation 965/2012. 2. The aircraft to be used must obtain a minimum approved equipment list (MEL) in the name of the operator and for the aircraft concerned.

2. Specialised non-commercial operations with non-complex aircraft: They must comply with Annex VII of the Regulation. In addition, Article 6.4 of the Regulation provides for certain exemptions. In particular, it allows the launch of paratroopers, when carried out by an organisation set up with the aim of promoting air sports or recreational aviation (an aeroclub) with non-complex aircraft with a certain commercial character, to be carried out only in compliance with the requirements of Annex VII, i.e. by complying with the requirements for non-commercial operations, although certain conditions are laid down: a. The aircraft is operated by the organisation under ownership or unmanned lease, b. the flight does not generate profits distributed outside the organisation, and c. when non-members of the organisation participate, such flights represent only a marginal activity of the organisation. The nuance in this case is relative to marginal activity. In this regard, the guidance material to the regulation, approved by decision of the Executive Director of the European Aviation Safety Agency (EASA), provides as follows: GM2 Article 6.4a(c) Derogations, ED Decision 2014/019/R, MARGINAL ACTIVITY The term ‘marginal activity’ should be understood as representing a very minor part of the overall activity of an organisation, mainly for the purpose of promoting itself or attracting new students or members. An organisation intending to offer such flights as regular business activity is not considered to meet the condition of marginal activity. Also, flights organised with the sole intent to generate income for the organisation, are not considered to be a marginal activity. According to the guide material of the regulation, if the organisation intends to offer flights as a regular activity, it does not meet the condition of marginal activity.

3. Moreover, the use of balloons as a parachute jumping platform is one of the possibilities provided for in Regulation EU2018/395. This activity may be carried out privately or with commercial interests. In the latter case, the trader must submit a declaration before the start of the business.

BOP.BAS.190 Specialised operations with balloons.

In accordance with the above-mentioned balloon operations regulation, this activity is one of those specifically considered as specialised, so a risk analysis must be carried out before it is carried out, either by means of a checklist for non-commercial operators or following the documented procedures of a POE (Standard Operating Procedure) of the commercial operator.

NON-COMMERCIAL OPERATORS

The case of private operations requires that the globe be owned (owned or leased) by a non-profit organisation or a school whose purpose is that, among other possible ones.

The use of a particular balloon by an individual would not be considered specifically intended for this purpose and would conflict with SERA.3125.

COMMERCIAL OPERATORS

The commercial offer of balloon operators to use their aircraft as a parachute jumping platform implies that, instead of a checklist, the operator has a Standard Operating Procedure (POE), which details the details of the operation.

This POE, which may be integrated into the Operator’s Operations Manual or be an independent document, identifies and defines all parameters and particularities of the parachute launch, taking into account the specific hazards and risks associated with the task and its own particularities (zones, balloons, flight crew requirements, equipment, jumpers, coordination, etc.), thereby consolidating its own operating procedures (AMC2 BOP.ADD.510).

The specific rule on construction by amateurs is the Order of 31 May 1982 and that is where the specific requirements for this type of aircraft are laid down.

In addition, the Air Traffic Regulation approved by Royal Decree 57/2002 establishes in its seventh section, second book, requirements for general aviation aircraft:

7.2.5.2. For all aeroplanes operating controlled VFR flights in the en-route phase.

All aeroplanes operating controlled VFR flights in the en route phase shall carry the following equipment:

1. a magnetic compass;
2. a stopwatch;
3. a precision baroaltimemeter;
4. a speed indicator; y
5. such other instruments or equipment as may be prescribed by the competent authority.

Since these aircraft are not limited to not being able to fly in controlled airspace, they would be subject to this equipment.

In order to carry out an aerial demonstration with balloons, Royal Decree 1919/2009 applies. In accordance with Article 26 of this Royal Decree, they must submit a responsible declaration in accordance with the requirements set out in the Royal Decree, and request the publication of a NOTAM as set out in Article 18 of that Royal Decree. https://www.boe.es/diario_boe/txt.php?id=BOE-A-2010-835

With regard to take-off areas, we inform you that, according to Commission Regulation 923/2012 of 26 September 2012 laying down air regulations and common operational provisions for air navigation services and procedures; according to its sections SERA.5005, Visual flight rules and SERA.3105, minimum heights: No aircraft should conduct VFR flights over agglomerations of buildings in cities, towns or inhabited places, or over an open-air gathering at a height of less than 300 m (1 000 ft) above the highest obstacle within a radius of 600 m from the aircraft, except where necessary for take-off or landing, or if authorised by the competent authority, regulated by Article 5 of Royal Decree 1180/2018.You can consult the above-mentioned Regulation via the link: https://www.fomento.gob.es/recursos_mfom/comodin/recursos/923_2012.pdf

Since balloons, due to their operating characteristics, do not require the infrastructure designed for the take-off and landing of aeroplanes or helicopters; and that according to point BOP.BAS.100 of Regulation (EU) 2018/395 (https://www.boe.es/doue/2018/071/L00010-00035.pdf), it is the pilot-in-command who determines whether the place for take-off or landing is suitable for the balloon and the operation to be carried out, it must be understood that events can be held in which several balloons take off from an urban area, provided that the organisation has a permit to use the public road by the municipality.

The rules applicable to hot air airships are regulated by the European Regulation (EU) 2018/395 laying down detailed rules for the operation of balloons under Regulation (EC) No 216/2008 of the European Parliament and of the Council.

Commission Implementing Regulation (EU) 2020/357 of 4 March 2020 regulates the licence to pilot hot airships, while the private pilot licence for airships is regulated by Regulation 1178/2011.

Until the entry into force of Regulation (EU) 2018/395 last year 2019, in order to carry out tourist flights with balloons it was necessary for the operator (company) to have an authorisation as an airwork company issued on the basis of the provisions of Law 48/1960 of 21 July.

Since the entry into force of Regulation (EU) 2018/395 last April 2019, tourist flights are referred to as Commercial Passenger Balloon Flights or CPB, which are defined as a form of commercial air transport with balloons where passengers are transported for the purpose of tourism or flight experience in exchange for remuneration or other financial consideration.

Strictly speaking, this is not an activity of air work but a type of commercial air transport. The reality is that both airwork and commercial air transport operations are commercial operations, i.e. the conduct of an advertising flight with a balloon or the transport of passengers are commercial operations.

As regards the rating or authorisation regime, CPB requires the operator to submit a declaration of compliance (BOP.ADD.100) confirming that it is aware of and complies with the applicable standard and provides information on the operator and aircraft to be used.

Captive balloons are excluded from Commission Regulation (EU) 2018/395 of 13 March 2018 laying down detailed rules for the operation of balloons by Regulation (EC) No 216/2008 of the European Parliament and of the Council. Therefore, in the field of air operations, it does not require authorisation from the Air Works and General Aviation Service of AESA.

In the case of a manned captive balloon, the pilot of the manned captive balloon should hold a balloon pilot licence (BPL) issued in accordance with Regulation (EU) 1178/2011 of 3 November 2011 with privileges to operate such balloons. The balloon must also have the corresponding certificate of airworthiness (EASA Form 25) and the Aircraft Review Certificate in force (EASA Form 15).

However, if the operation is likely to affect a controlled airspace or aeronautical servitude area, it should be coordinated respectively with ENAIRE (Air Space Operational Coordination Department — cop@enaire.es —) and AESA (Aeronautical Services) servidumbres.aesa@seguridadaerea.es