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How is AESA organised?

The organisational structure of the State Aviation Safety Agency (AESA) is divided into governing bodies and executive bodies, assigning to each of the figures of these bodies specific functions for the efficient functioning of the Agency.

The governing bodies of the Agency are:

a) The President.
b) The Governing Council.

On the other hand, the executive bodies of the Agency are:

a) Directorate
b) General Secretariat
c) Operational bodies

 

Governing bodies

 

The President


The President of the Agency is the Director-General for Civil Aviation (DGAC). It represents the Governing Board, directs and chairs its meetings and also performs the following functions:

a) Hold the maximum representation of the Agency both institutionally and internationally.

b) Propose to the Governing Board the appointment or separation of the Director of the Agency and the members of the Control Committee.

To confer general or special powers on a particular person or persons.

d) To present to the Governing Council the proposal for a multiannual management contract, prior to its approval by the Ministers of Transport and Sustainable Mobility, for the Digital Transformation and for the Civil Service, and for Finance.

e) Inform the Ministries of Transport and Sustainable Mobility, for Digital Transformation and the Civil Service, and of Finance about the execution and fulfillment of the objectives set out in the Management Contract.

f) To send the annual accounts to the Court of Auditors, through the General State Audit Office, in accordance with budgetary regulations.

g) Appear before the Congress of Deputies and the Senate, at their request, in order to report on the development of the Management Contract and other aspects of the management of the Agency and send to the Cortes Generales or the corresponding parliamentary committees, through the Minister of Transport and Sustainable Mobility, the general activity report approved by the Governing Board, relating to the tasks of the Agency and the degree of fulfillment of its objectives.

The Governing Board


The Governing Board is the collegiate governing body of the Agency. According to Article 16 of Royal Decree 184/2008, with the exception of the Director of AESA, the Directors shall be appointed by the Minister of Transport and Sustainable Mobility, who shall appoint the members in accordance with the criterion of parity between men and women. The functions of the Governing Board are:

a) Superior monitoring, supervision and control of the Agency's performance.

b) The approval of the proposal for the Agency's multiannual management contract, as well as the approval of the annual and multiannual objectives and action plans, the quantitative and qualitative criteria for measuring compliance with those objectives and the degree of efficiency in management, within the framework of the provisions of the management contract.

the adoption of the Agency's preliminary draft budget.

d) The proposal to the Minister of Finance, at the initiative of the Director of the Agency, of variations in the overall amount of the budget and those affecting staff costs, in accordance with article 27.3.a) of Law 28/2006, of 18 July.

e) The approval of any obligations of a multi-annual nature within the limits set by the Management Contract.

f) The appointment of the Director of the Agency, the control of its management and the requirement of the appropriate responsibilities.

g) The approval of the general activity report for the previous year, and of any extraordinary management reports it deems necessary, assessing the results obtained and recording the deficiencies observed.

the approval of the annual accounts of the Agency and of the management report and the implementation of the results, on a proposal from the Director.

i) The determination of the criteria for the selection of the Agency's staff.

j) The approval of the establishment plan and the list of posts of the Agency and the preparation of the annual offer of employment of the Agency for inclusion in the offer of state public employment, in accordance with the provisions of the Management Contract.

k) The appointment and dismissal, on a proposal from the person who holds the management of the Agency, the persons who hold the operational bodies and the general secretariat of the Agency.

l) The determination, on a proposal from the Director, of the criteria and percentages applicable to remuneration as a performance incentive received by the management of the Agency, within the framework of the provisions of the Management Contract.

m) To dictate the internal rules of operation, organic development and adoption of agreements of the Governing Board itself and the Agency in what is not provided for in this statute, in accordance with the framework for action set out in the Management Contract.

n) To agree to the exercise of the actions and remedies that correspond to the entity in defense of the interests before the Public Administrations and the judicial bodies of any order or jurisdiction, without prejudice to the provisions of article 20 (c) of Law 29/1998, of July 13, regulating the contentious-administrative jurisdiction.

ñ) The authorization of credit operations and other indebtedness operations that may be agreed by the Agency in accordance with this Statute.

The approval, on a proposal from the Director and with the prior authorization of the Ministry of Transport and Sustainable Mobility, of the amount of prices and other non-tax revenues that the Agency is authorized to collect.

p) To agree on the creation or participation of the Agency in the share capital of all kinds of commercial companies or foundations that are related to its activities, in accordance with the provisions of Article 43.

q) The approval of the agreements, pacts and conventions that it deems convenient or necessary for the realization of the purposes of the Agency.

Arrange for the lease and acquisition of immovable property and the creation of rights in rem, subject to a favourable report from the Ministry of Finance.

To agree on the creation of the Agency's telematic register.

The approval of the inventory of assets and rights in accordance with the provisions of Law 33/2003, of November 3, on the Patrimony of Public Administrations.

u) The declaration of the unnecessity of the assets and rights assigned to the Agency that are unnecessary for the fulfillment of their purposes, proposing to the Ministry of Finance their disaffection and, if they are disaffected, their disposal in accordance with the prescriptions of Law 33/2003, of November 3. Disposals of more than 20,000,000 euros must be authorized by the Council of Ministers, on a proposal from the Ministry of Finance.

v) The others that are attributed to it in Law 28/2006, of July 18, in the Statute of AESA or in other provisions.

Control Commission


The Control Committee, proposed to the Governing Board through the Chair, is composed of the following members, who shall not carry out management responsibilities in the Agency:

Three members, elected by the Governing Council from among its members.

A Chairman, elected by the Members of the Commission, and from among its members.

A Secretary elected by the Governing Council.

As regards its functions, it is for the Control Committee to report to the Governing Board on the implementation of the Management Contract and, in general, on all those aspects relating to economic and financial management that the Board itself must be aware of. You can learn more about its functions in Article 23 of Royal Decree 184/2008.

Executive bodies

The Management


As the executive body of the Agency, the Director is responsible for the following tasks, described in more detail in Article 26 of Royal Decree 184/2008:

a) Carry out the direction and day-to-day management of the Agency, ensuring the achievement of the objectives set out in the Management Contract and in accordance with the guidelines for action established by the Ministry of Transport and Sustainable Mobility as the Ministry of secondment.

Develop the draft Management Contract.

c) Submit to the Governing Council, for approval, the annual and multi-annual action plans, and the general activity report of the previous year.

d) Formulate the annual accounts of the Agency and propose their approval to the Governing Board.

Preliminary draft annual budgets.

To implement the Agency's budget.

g) Exercising the initiative for the authorization of budgetary variations by the Minister of Finance, or authorizing budgetary variations, in accordance with the provisions of article 27.3 of Law 28/2006, of 18 July.

h) Organize, supervise and control the application of public prices, fees and tariffs that the Agency is authorized to charge and manage, in order to achieve effective and responsible management.

Exercising senior leadership of all Agency staff and high inspection of services and disciplinary authority through the resolution of disciplinary cases.

j) Provide the jobs corresponding to the official and labor staff of the Agency, solving the calls for jobs of official staff and hiring the labor staff.

k) Prepare the establishment plan and the list of posts of the Agency within the framework of action in the field of human resources established in the Management Contract, and propose its approval to the Governing Board.

l) Prepare the forecast of staffing needs to be incorporated into the Agency's annual job offer.

m) Propose to the Governing Council the appointment and dismissal of the organs and the rest of the managerial personnel.

n) Approve and commit expenses, as well as recognize and pay obligations, reporting to the Governing Council.

o) To exercise the powers in matters of property corresponding to the Agency, without prejudice to those attributed to the Governing Board.

p) Prepare the inventory of assets and rights of the Agency for annual approval by the Governing Board.

q) Resolve on those issues that simultaneously affect several operational directorates and claims of patrimonial responsibility for the activity of the Agency.

Promote appropriate civil and military coordination within the scope of its competences.

s) Any other functions in matters within the competence of the Agency that have not been expressly attributed to another body.

To carry out the other powers and functions assigned to him by this statute and any other applicable regulations, as well as those delegated to him, where appropriate, by the President or the Governing Council.

General Secretariat


The Secretariat-General is the body of the Agency with the following tasks:

a) The selection, management and training of human resources.

b) The general inspection of services and the investigation of disciplinary cases.

c) The planning and implementation of the policy of prevention of occupational risks and industrial relations.

Budget and treasury management and keeping the Agency's register.

e) The procurement of goods and services necessary for the performance of the Agency's competences.

f) The proposal for the establishment and modification of public prices, fees and tariffs derived from the exercise of the powers corresponding to the Agency.

g) The patrimonial management of the assets of its ownership, of those that are assigned and of those whose management is entrusted.

h) The management, settlement and collection of income from penalties and fees, in accordance with the provisions of Law 66/1997, of December 30, on fiscal, administrative and social order measures, with respect to fees for the provision of services and performance of activities in the field of air navigation and its subsequent modifications. Likewise, the establishment, modification, management, settlement and collection of public prices, rates and fees derived from other services and activities that could be provided to third parties.

i) The proposed resolution of administrative appeals, claims prior to employment and claims of financial responsibility that are made with respect to the action of the Agency, without prejudice to the provisions of Article 5.

Legal advice in aeronautical matters, without prejudice to the functions assigned to the State Bar in article 5.

k) The formulation of regulatory proposals in the field of civil aviation for submission to the competent bodies of the Ministry of Transport and Sustainable Mobility, as well as the report of regulatory projects that affect the scope of competence of the State Aviation Safety Agency.

The analysis and design of the necessary information systems, technical assistance and IT development of the Agency's services.

Operational bodies


Operational bodies are the security directorates responsible for implementing the substantive competences of the Agency. Therefore, the security directorates of AESA, provided for in Article 28 of Royal Decree 184/2008, will be the following:

  • The Directorate of Aircraft Safety (DSA). The in-flight security offices (OSV) are integrated into its organizational structure.
  • The Directorate of Security Management and Flight Personnel (DGSPV).
  • The Directorate of Airports and Civil Aviation Security (DASAC).
  • The Directorate of Air Navigation (DNA).

The substantive competences of EASA implemented by these directorates according to their areas of action, listed in Article 9 of Royal Decree 184/2008, are:

a) The issuance, renewal, suspension, maintenance and revocation of authorizations, ratings, licenses, certifications and other qualifications for the performance of civil aeronautical activities, such as the operation of aircraft, airports and air navigation services, as well as for the design, manufacture, maintenance, and use of civil aeronautical aircraft, products, components and equipment. The Agency is also responsible for the recognition and acceptance of diplomas, licences, authorisations or certificates issued by other authorities and required for the exercise of aeronautical professions.

b) Management of the aircraft registration register.

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

d) Those that the Community regulations or directives attribute to the State, and correspond to the Ministry of Transport and Sustainable Mobility under the internal legal system, in the field of safety in civil air transport and the protection of the user of air transport, among others, as a national supervisory authority or as a body responsible for compliance with them.

e) The exercise of the sanctioning power in matters of civil aviation regulated in Title V of Law 21/2003, of 7 July.

Risk management in the field of civil aviation safety.

g) The authorization, accreditation and inspection of natural and legal persons for their action as collaborating entities in matters of aeronautical inspection.

h) The prior approval of internal procedures and programs of self-verification and control developed and implemented by the operators of air transport services and the owners or providers of airport and air navigation services in compliance with the applicable technical and safety regulations.

Facilitation in air transport to ensure accessibility and the efficient, smooth and safe transit of persons and goods through air transport infrastructure.

j) Technical collaboration and participation in national and international bodies in the field of aviation safety and protection of air transport users, as well as collaboration with the European Union and the European Aviation Safety Agency to carry out inspections and investigations in Spanish territory.

k) The initiative of the regulatory regulations in the areas of civil aviation attributed to its responsibility, for its elevation to the competent bodies of the Ministry of Transport and Sustainable Mobility.

l) Approval of plans for the establishment or modification of civil flight procedures.

m) Those relating to:

  1. To the substantive body in accordance with the provisions of Law 21/2013, of 9 December, on environmental assessment, and corresponding regulations, in the construction projects and structural or functional modification of aerodromes, heliports and civil airports under the competence of the General State Administration; as well as the functions inherent in the status of a substantive body in draft airspace classification and structuring requiring an environmental assessment, without prejudice to the exercise of its functions as a national supervisory authority in accordance with the relevant European Union legislation.
  2. To the supervision, inspection and sanction of the fulfillment of the obligations established in Law 37/2003, of November 17, of the Noise, and in its provisions of application and development, for airports and airport infrastructures of competence of the General Administration of the State. Functions that are specified in the supervision, inspection and sanction of compliance with the action plans associated with strategic noise maps and aeronautical acoustic easements, as well as the objectives of acoustic quality and limits established in the aforementioned regulations, as well as any other function of this nature that may be established by the applicable regulations.

  3. To the introduction of noise-related operating restrictions at airports in accordance with the applicable European Union regulations.

n) The executive functions attributed to the Ministry of Transport, Mobility and Urban Agenda, in the field of civil aviation, by Law 1/2005, of 9 March, regulating the system of greenhouse gas emission allowance trading, and corresponding regulations, in relation to reports or resolutions on emissions, cessation of activity and preparation of proposals for allocation of emission allowances and other equivalents that could be attributed to this Department, without prejudice to the competences of the Ministry of Transport and Sustainable Mobility in order to raise the proposals that correspond to the Council of Ministers or other collegiate bodies of the Government.

Aircraft Safety Directorate


The Directorate for Aircraft Safety (DSA), to exercise the powers referred to in points (a), (c), (d), (e), (g), (h), (j), and (k) of Article 9(1),as described above, in the areas of operation and maintenance safety, aircraft certificationas well as air transport operation and commercial permits. It is also competent for the management of the aircraft register provided for in Article 9(1)(b) and for the exercise of the powers provided for in Article 9(1)(n) concerning greenhouse gas emission allowances.

The in-flight security offices are integrated into the organizational structure of the Aircraft Safety Directorate.

Directorate of Security Management and Flight Personnel


The Directorate for Safety Management and Flight Personnel (DGSPV), to exercise the competence for civil aviation safety risk management provided forin Article 9(1)(f), as well as the competences provided for in Article 9(1)(a), (c), (d), (e), (g), (h), (j), and (k), in relation to flight personnel, flight schools, aeronautical medicine and user protection, including the supervision of assistance plans for victims of civil aviation accidents and their family members.

The Directorate of Airports and Civil Aviation Security


The Directorate for Airports and Civil Aviation Security (DASAC), to exercise the powers referred to in points (a), (c), (d), (e), (g), (h), (j), (k) and (m) of Article 9(1) in the field of airports and against acts of unlawful interference in civil aviation. Likewise, this Directorate is responsible for the exercise of the facilitation functions in air transport provided for in Article 9(1)(i) and those that correspond to it as a substantive body in the environmental assessment associated with Article 9(1)(l).


The Directorate for Air Navigation (DNA) to exercise the powers referred to in points (a), (c), (d), (e), (g), (h), (j), (k) and (l) of Article 9(1) in the field of air navigation.