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Order Fom/1525/2011, 7 June, Which Remembers The Beginning Of The Effective Exercise Of Functions And Duties In The Field Of Airport Management By "aena Airports, Sa".

Original Language Title: Orden FOM/1525/2011, de 7 de junio, por la que se acuerda el inicio del ejercicio efectivo de funciones y obligaciones en materia de gestión aeroportuaria por "Aena Aeropuertos, SA".

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TEXT

The Royal Decree-Law 13/2010 of 3 December 2010 of actions in the field of taxation, labour and liberalising to encourage investment and job creation, provides for the modernization of the airport system, a new model The management of the airports of general interest of State ownership that goes through the creation of the state mercantile society "Aena Aeropuertos, S.A.", to which it attributes the set of functions and obligations that the public entity currently exercises Spanish Airports and Air Navigation (AENA) in the field of management and the operation of the airport services, as well as any other national or international rules attributed to the airport operator, in relation to the network of airports and heliports managed by AENA.

Authorised the creation of the state mercantile company "Aena Aeroporports, S.A.", by Agreement of the Council of Ministers of 25 February 2011, the Board of Directors of AENA on 23 May 2011, agrees to authorize the the contribution to "Aena Aeroporports, S.A.", of the goods, rights, debts and obligations of the business public entity affected to the development of the airport, commercial and other state services related to the management airports, including airport air traffic services (hereinafter referred to as the Activity) and establishes which are integrated in AENA, in accordance with the fourth paragraph of the Council of Ministers Agreement of 25 February 2011, the goods, rights, obligations and debts affected by the approval of the construction projects on investments airport infrastructure, the operation of which is attributed to "Aena Aeroporports, S.A.", and the facilitation and coordination of slots, as well as any other activity related to airport management which is not part of the social object of "Aena Aeroporports, S.A.".

The Board of Directors of AENA has also approved the valuation of the Activity. This valuation has been taken as a reference to its equity net worth at 31 December 2010 in accordance with the accounting rules in force and making an estimate as at 31 May 2011, with some correction resulting from the incorporation of air traffic services from aerodromes to the airport. They are transmitted to "Aena Aeropuertos, S.A.", the set of contracts, files and processes in progress linked to the airport activity. Likewise, the new state company is also transmitted to the new state company, which is principally engaged in airport activities in accordance with the delimitation established in this Order, and the new state society is subrogated in the condition of employer. As agreed, such staff shall continue to be governed by collective agreements and other agreements in force, respecting their seniority and any other right which they have consolidated when the state mercantile company begins the exercise of its functions. In considering that this is an assumption of a succession of undertakings, the agreement provides that the formalities required to comply with the requirements laid down in Article 44.1 of the Staff Regulations shall be carried out.

By Agreement of the Council of Ministers of 3 June 2011, the contribution of the assets belonging to the airport patrimony of the business public entity Spanish Airports and Air Navigation (AENA) has been authorized to the society State "Aena Aeropuertos, S.A.", and the extension of its capital was agreed upon, in the terms resulting from the AENA Board of Directors Agreement of 23 May 2011.

By decision of AENA, sole shareholder of "Aena Airports, S.A." of 6 June 2011, it is necessary to comply with the Agreement of the Council of Ministers 3 June 2011, accepting the contribution of the Activity, the subrogation in all contracts of any nature that AENA has subscribed related to the Activity, and the totality of the processes related to the development of airport, commercial and other state services related to the management airport air traffic services, including those affected by aerodrome air traffic services.

Likewise the sole shareholder of "Aena Aeropuertos, S.A.", expressly states that all the staff of the business public entity AENA necessary for the provision of the services of the activity is brought to the society and is integrated into the conditions set out in the AENA Board of Directors ' Agreement of 23 May.

Finally, the single shareholder accepts the contributions made and declares in full subscribed and disbursed the shares issued, together with the full amount of its corresponding issue premium, with effect from the date of issue of the decision, the date on which the rights inherent in such actions enter into force.

As stated above and in accordance with the provisions of the Second Royal Decree-Law 13/2010, of 3 December 2010, once the staff and the whole of the goods, rights, contracts and contracts have been defined AENA files and obligations that are integrated in "Aena Aeropuertos, S.A.", made its contribution to the state mercantile society and accepted by this contribution, by means of this Ministerial Order the beginning is agreed (a) effective functions and obligations in the field of airport management by 'Aena Aeropuertos', S.A. ".

However, and since the effective subrogation of "Aena Aeropuertos, S.A.", in labor contracts and any other nature of AENA only occurs once the effective exercise of functions and obligations is initiated by That, it is necessary to concretize it in this Order, thus proving to be public for all those affected by the contracts that are object of transmission.

Finally, this order in the exercise of the Department's powers, agrees the collaboration of AENA in the contribution of the data and documents that it has in relation to the procedures in which the "Aena" Airports, S.A. ", and collects, for the purposes of public knowledge, the precise provisions for the continuity of the expropriatory files in processing at the date of the effective exercise of the activity of" Aena Aeropuertos, S.A. ", according to the instruction given by the Director General of Civil Aviation in the exercise of his powers.

In its virtue, in accordance with the provisions of the Second Royal Decree-Law 13/2010, second, of December 3, I have:

Article 1. Effective exercise by "Aena Aeroporports, S.A.", of its airport management duties and duties.

1. The state mercantile company "Aena Aeropuertos, S.A.", will begin to effectively exercise its social object with effect from June 8, 2011, from which the business public entity Airports Spanish and Air Navigation (AENA) will no longer perform airport management activity.

2. Without prejudice to the above paragraph, the assets, rights, obligations and debts affected by the approval of the construction projects of the airport investments shall remain integrated in AENA. infrastructure whose operation is attributed to "Aena Aeropuertos, S.A.", and to the facilitation and coordination of slots, as well as any other activity related to airport management that is not part of the social object of " Aena Airports, S.A. '.

Article 2. Subrogation in contracts.

In application of the provisions of Article 8 and the third transitional provision of Royal Decree-Law 13/2010 of 3 December 2010, of actions in the field of taxation, labour and liberalisation to encourage investment and the creation of employment, and in accordance with the provisions of the AENA Board of Directors Agreement of 23 May 2011, dated 1 June 2011, "Aena Aeropuertos, S.A.", is hereby subrogated to:

(a) The employment contracts of the staff of AENA, which provides its services in the units of the said entity principally engaged in airport activities, which, for the purposes of advertising, relate to the Annex.

(b) The remainder of the contracts, agreements, agreements and agreements of any nature signed by the said Entity, related to the airport management and in a specific way the undersigned for the development of the activities of the Units referred to in the preceding letter.

Article 3. Expropriatory files.

According to the instruction of the Director General of Civil Aviation in the exercise of his powers regarding the expropriation actions in matters of airport infrastructures:

(a) The minutes of occupation, in the expropriatory files in progress, which are lifted with date 8 June 2011 or later will be carried out in favor of "Aena Aeropuertos, S.A.".

(b) In the case of the expropriatory files in progress, in which the minutes of occupation have been lifted, the corresponding registration of the expropriated property, the expropriating body, would not have been carried out on 8 June 2011. issue, where appropriate and at the request of "Aena Aeroporports, S.A.", a certificate stating the succession of AENA by "Aena Aeropuertos, S.A.", in the condition of beneficiary for the purposes of registration of the good by the "Aena Airports, S.A.".

Article 4. AENA collaboration.

AENA must provide the collaboration and assistance required, providing the documents it has and the information requested by "Aena Aeropuertos, S.A.", in relation to the claims to be processed by the company. State trade company and the disputes in which it is to be made when it relates to events which occurred before 8 June 2011.

Single end disposition. Entry into force.

This order enters into force on the day of its publication in the "Official State Bulletin".

Madrid, June 7, 2011. -Minister of Development José Blanco López.

ANNEX

Units of the business public entity Airports Spanish and Air Navigation (AENA) whose personnel are assigned to "Aena Aeroporports, S.A."

A. Dirección de Aeropuertos Españoles:

Central Units:

Cabinet of the Directorate of Airports, with the exception of the post and the staff assigned to the Division of Coordination of Airport Slots, which will be attached to the Cabinet of the Presidency of the business public entity Spanish Airports and Air Navigation (AENA).

Airport Development Direction.

Economic-administrative Address.

Address and Business Services.

Network Operations and Systems Address.

Airport Security Address.

Information Systems Address.

Airports Transition Address.

Directorate of Airports Group Canary Islands.

Central North Central Group Airports Directorate.

Group Airports Address East.

South Group Airports Address.

The entirety of the Airports and Heliports addresses on the network.

B. Complete Corporate Units:

Hiring Address.

Infrastructure Planning Address.

Infrastructure Address.

Environment Directorate.

Organization and Human Resources Management.

Technical General Secretariat, with the exception of the post and the personnel assigned to the Division of Legal Advisory of Air Navigation, which will be assigned to the Cabinet of Air Navigation.

The Director of the Technical General Secretariat to be named "Directorate of Legal Counsel and Heritage Management" will perform the duties of Secretary General Technical for the business public entity Airports Spanish and Air Navigation (AENA).

C. Other Organizational Units:

The following units currently attached to the Management Control and Planning Directorate:

The Strategic Planning Directorate (the holder and its Secretariat posts).

The Information Technology Division.

The Investment Planning Division, with the exception of the post and the staff assigned to the Department of Control and Follow-up of European Investment Aid, which when determined will be attached to the Directorate of Administration and Finance.

The Documentation and Publications Center Division.

The Department of Information Systems Planning and ARGOS Development.

The Department of Coordination Measures LOPD.

The General Services Division, currently attached to the Presidency Cabinet.

All the Units and the staff, dependent on them, related to this section C), will be assigned to the company "Aena Aeropuertos, S.A.", from the initial moment, although they will continue to perform their current functions under the supervision of the Corporate Directorate of which they are currently dependent, the Management Planning and Control Directorate and Cabinet of the Presidency of the business public entity Airports Spanish and Air Navigation (AENA), respectively, until the time when the new organizational structure is implanted and developed to be established for "Aena Airports, S.A.".