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Royal Decree-Law 1/2010 Of 5 February, Which Regulates The Provision Of Air Traffic Services, Establish The Obligations Of Civilian Providers Of Such Services And Are Attached Certain Conditions To The Contro...

Original Language Title: Real Decreto-ley 1/2010, de 5 de febrero, por el que se regula la prestación de servicios de tránsito aéreo, se establecen las obligaciones de los proveedores civiles de dichos servicios y se fijan determinadas condiciones laborales para los contro...

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TEXT

I

The analysis of the way in which the function of the service provider of air traffic services the business public entity Airports Spanish and Air Navigation (AENA), current and only supplier of these services, carried out Recently, both the Directorate General of Civil Aviation and the State Aviation Safety Agency, has unveiled a series of important organizational deficiencies and lack of economic efficiency in the public body that show the clear difficulties that AENA currently has in order to ensure both continuity in the provision of air traffic services, such as their economic and financial sustainability.

The Directorate-General for Civil Aviation has shown that the current air navigation costs of AENA are the highest in the European environment. The reports issued by the said management center point to a gradual deviation from the economic magnitudes of AENA, which has been translated into a continuous increase in the costs of service delivery, in a low productivity per controller. and in the excessive increase in the costs of these public employees compared with the other European controllers, to make of the national tariff that is charged to the airlines the most expensive of Europe, and the cost per hour of air controller, the most expensive on the continent.

For its part, the General Intervention of the State Administration has been showing since 2002, in its successive reports of auditing of accounts, that the retributive increases of the controllers to the service of AENA are carried out without the necessary authorizations. In particular, in the report for the 2008 financial year, the General Intervention states that " the actual average remuneration per controller amounted to EUR 304,874 in 2007 and exceeds EUR 210,316, which would result from updating with the Annual CPI for 1999 (...). In recent years these increases are significantly affecting road fares, which in 2008 were the most expensive in Europe. "

Effectively, AENA has acknowledged that high air navigation costs are primarily due to personnel costs. In particular, they obey the obligation to pay as hours of "labour extension", the value of which is 2.65 times that of the ordinary hour, a amount of hours which, although part of their usual day, are formally set up as free acceptance by the controllers in a series of non-statutory covenants entered into by AENA with them, hours which have not been incorporated into the collective agreement, nor have been authorised in accordance with the provisions of the general budget laws of the Status of each year.

In this regard, it should be noted that air traffic controllers at the AENA service are public employees who provide an essential public service for our society, such as air traffic control. Its character as public employees also determines a special subject to the principles and rules which the State dictates for the regulation of the provision of such services. At the same time, the legal-public nature of their employment relationship determines that their collective agreements must conform to the principles and rules contained in the Basic Staff Regulations and the provisions of the provisions of the Basic Staff Regulations. remuneration, in the budget laws of each year, which condition the subscription of agreements, covenants or similar instruments resulting from increases in remuneration to the existence of a prior and favourable report by the Ministry of Economic Affairs and Hacienda.

By collective agreement, the controllers at the service of AENA are only obliged to carry out 1,200 ordinary hours of work, which are clearly insufficient for the dimension of our air navigation system. The rest of the hours necessary to ensure continuity in the service delivery, with an average of 600 hours per controller, are performed in a regular manner and programmed by the controllers themselves three months in advance, such as This means that, in practice, some 1,800 hours of average work, of which between thirty-three and fifty per cent are of rest. In addition, the above 600 hours are artificially voluntary and are paid irregularly at a much higher price than provided for in the Staff Regulations for overtime, which is the main cause of the accident. Excessive cost of service.

The main source of the difficulties faced by AENA in ensuring continuity in the provision of the air traffic service derives from the translation of all the powers inherent in the power of management of the the company to its controllers which has taken place under the rights recognized by them in the I professional collective agreement signed in 1999. In this way, they are the controllers themselves at the service of AENA, and not that Entity, who decide essential ends for their operation that decisively merit their operational and organizational capacity as responsible for the delivery of the air navigation services, such as the determination of the operational configuration of aerodromes and their technical facilities and services, or the establishment of personnel necessary for the provision of services, with the inherent power of organization of their work shifts, schedules and breaks.

There are other elements of the collective agreement which also endanger the continuity of service provision, such as, in essence, the possibility of obtaining a special paid leave by the fifties and two years. This license allows the worker to stop working by charging the regular regular salary, and although this will seriously disrupt the continuity and sustainability of the service.

Taking into consideration all of the above, the Directorate General of Civil Aviation concludes that it is currently AENA, both in terms of its organization, management power and working days, as in the case of the air navigation costs it generates, it has serious difficulties in complying with the Community regulations of the "Single European Sky."

In this regard, Regulation 2096 /2005/EC of 20 December establishing common requirements for the provision of air navigation services imposes on the suppliers of such services the duty to be capable of provide services in a safe, effective, continuous and sustainable economic and financial manner, and should be adjusted to a reasonable level of overall demand in a given airspace. Similarly, the aforementioned standard provides that the supplier shall establish and manage his organisation in accordance with a structure which supports the safe, efficient and continuous provision of services.

Similarly, the need to reduce the costs of the air navigation system becomes more pressing, if possible, following the recent adoption of Regulation 1070 /2009/EC of 21 October amending the first regulatory package. of the Single European Sky and establishing a system for assessing the performance of air navigation service providers. EUROCONTROL has already pointed out that the current situation of AENA, particularly in terms of cost-efficiency, results so far from the European average that, in the case of remaining unchanged, the achievement of the objectives of the European Commission will fix for the air traffic management network from 2011, with the undesirable consequences that this will carry not only for Spain, but for the entire European network given the importance of our country in the air traffic continental.

Highlighting this situation to the public entity, AENA has argued that, despite its constant attempts to address the deficiencies noted by collective bargaining, this path has proved fruitless.

Indeed, since 31 December 2004, the date of the end of the collective agreement of air traffic controllers, AENA has repeatedly tried to change the situation described, directing its proposals. within the collective bargaining, inter alia, to the guarantee of continuity of service, through the recovery of the capacity of the organization of work, to the increase of productivity, and to the adjustment of its costs to bring them closer to the European Environment. To this end, it has maintained with the representation of the controllers, the Union of Air Controllers (USCA), sixty-five meetings of the negotiating table for the II collective agreement. Faced with the ten proposals submitted by AENA, all of them based on the objectives of the Single European Sky legislation, the USCA has only formulated six proposals, the latter of which, presented on 28 January 2010, is a Proposal for a comprehensive collective agreement which, in short, raises conditions that do not entail a reduction in the current cost, includes measures that increase productivity but are accompanied by the simultaneous proposal of new concepts (i) no changes in the organisational and management aspects of the contract; the collective agreement conferred on the controllers, and proposes the increase of other benefits and the improvement of the conditions of access to the retirement. This circumstance, together with the extended period of time, five years, shows that the negotiating route does not in itself be sufficient to come up with the change that the reality of the international air market demands without delay. air navigation services in the European context.

The guarantee of security and continuity in the provision of air traffic services, the economic viability of our air navigation system in the European framework, as well as the fulfilment of the requirements imposed by the Community regulations on the Single European Sky require immediate and urgent action to be taken in relation to the public entity AENA. It is necessary for the public body to first regain the power of organisation and management of its activity and, secondly, to require its control staff to carry out the working hours currently being carried out, paying them back. in accordance with its true nature, i.e. as ordinary hours of work.

In addition to the above, the Directorate-General for Civil Aviation has made it clear that, while the above measures are essential to ensure the continuity and sustainability of our system of navigation, the new European regulatory framework and the evolution of air traffic services call for a restructuring of our current air navigation system, providing it with stability and future guarantees.

On the one hand, AENA provides control services in low-volume aerodromes where it is feasible for air traffic to be carried out through the so-called aerodrome flight information services (AFIS), such as as established by the International Civil Aviation Organization (ICAO). These flight information services, by not requiring air traffic controllers, are much more economically efficient and equally secure.

On the other hand, as required by the Single European Sky regulations, it is necessary to allow other service providers, duly certified by a European supervisory authority, to provide services of air traffic control in our aerodromes. In addition to complying with Community requirements, competition in this sector is introduced, which will necessarily result in an improvement in the technical and economic conditions in which these services are provided.

The replacement of the control services in the lower-volume aerodromes by the AFIS system and the entry of new service providers into competition at the other airports will allow AENA to be able to to better reorganize its human and material resources and to ensure in a more efficient and efficient way the provision of air traffic services in route or area, an area in which it has accredited an excellent technical qualification and which it must retain in any case for their connection with the sovereignty of the State.

It is therefore the Government's will to ensure and enhance the delivery of air navigation services en route by AENA, given its outstanding presence in various initiatives of the Single European Sky, such as the Galileo project or the SESAR programme. On the contrary, it is considered necessary for the sustainability of our system to allow the entry of new service providers in the air traffic control that takes place in the aerodromes.

Finally, it must be taken into account that the restructuring of our air navigation system will force AENA to adapt to the new legal framework, an adaptation that will inevitably be progressive and orderly in the interests of ensure the security and continuity of the provision of air traffic services.

II

By virtue of the above, it is necessary and urgent to adopt the essential measures which make it possible, on the one hand, to open the provision of air navigation services to new certified suppliers and, another, the temporary modification of certain working conditions of the AENA controllers to ensure that such entity, as long as the single service provider is the sole provider, is able to provide them safely, effectively, continuously and economically sustainable, in all its field of competence.

Starting with the first block of measures containing this royal decree-law, opening to new certified air navigation service providers, a set of regulatory provisions are introduced. essential for the provision of these services applicable to the sector as a whole. Thus, in the first place, the Ministry of Public Works ' competence for the designation of new service providers is declared, provided that they are duly certified by a national supervisory authority of a Member State of the European Union. In the case of the aerodrome air traffic services, the designation shall be made at the request of the airport operator, which shall be given full autonomy of decision on the basis of the technical and economic characteristics of the airport. airport and applicable rules.

It is also necessary, as an essential element of the provision of air traffic services, the obligation of all suppliers to ensure their performance in a safe, efficient, continuous and economically and financially sustainable. Consequently, as a necessary counterpart to this obligation, ensuring that the service providers are able to comply with it, the powers of organisation, planning, and the exclusive nature of the services are attributed to them. management, management, supervision and control of their delivery.

And since safety is one of the key objectives in the provision of air traffic services, it is necessary to lay down certain rules concerning the time of activity and rest of the staff. dedicated to air traffic control. However, these rules must be supplemented by their regulatory development, subject to negotiation with the most representative trade unions at the State level, and therefore, in the third final provision, the Government is enabled to royal decree, regulate such extremes.

The importance of compliance by the supplier with the obligation to ensure the provision of air traffic services in a safe, effective, continuous and economically sustainable manner requires the establishment of a severe regime. of non-compliances that reach not only the service providers, but also their staff. In particular, non-compliances attributable to the supplier which prevent or undermine the security or continuity of the provision of services are classified as very serious, while at the same time it is considered as a cause for disciplinary dismissal of any action by its staff that adversely affects security or seriously or repeatedly undermines the effectiveness or continuity of the service.

These measures are supplemented by those contained in the additional second provision ordering the process through which new air traffic providers will enter the Spanish market. This process will be initiated with immediate implementation, prior to the corresponding safety studies, of aerodrome flight information services (AFIS) in those of lower traffic volume, and will culminate with the selection, according to the characteristics of the aerodrome and relevant safety studies, of the new suppliers for those other than are determined by order of the Ministry of Public Works.

In line with this, three essential obligations are imposed on AENA: to present the relevant safety studies and to initiate the procedures for the selection of new service providers within the time limits indicated; a job position for air traffic controllers who came to provide their services at the premises affected by the process; and continue to provide the air traffic control services until the effective start of the air traffic control system. service delivery by new suppliers.

The second block of measures involves a temporary modification of certain working conditions of the AENA controllers to ensure their safe, sufficient and continuous capability of the AENA control services. air traffic, as long as the reform is implemented and continues to be the sole or majority provider of these services. In this sense, only those modifications that are inexcusable are imposed to ensure that AENA is able to fulfill its obligations as a provider of such services and for the minimum time required.

Thus, it is available that, within three years of the entry into force of this Royal Decree-Law, the right to obtain the special paid leave is suspended and, consequently, no new law will be produced. incorporation, whether or not it has been applied for the entry into force of this royal decree-law, to this situation, which allows the controllers to stop working once they have been completed fifty-two years of age and continue to perceive the ordinary salary fixed until the retirement age is reached, without this privilege being conditional on the needs of the service, or subject to the agreement of the employer. The negation of new additions to such a singular situation during the three-year period since the entry into force of the actual decree-law is absolutely essential for AENA to continue to have a sufficient number of In order to comply with its obligations as a supplier of these services, the process of reform aimed at opening the provision of air navigation services to new certified suppliers is concluded. Furthermore, if the exit of the AENA controllers to the above mentioned special leave situation were not temporarily prevented, the continuity and security of the provision of air traffic services and with it would be at serious risk. the feasibility of all the measures set out in this royal decree-law.

As regards the day of air traffic controllers providing their services at AENA, it is accredited that these controllers have effectively performed a day of 1,744 hours in 2006, 1,799 in 2007, 1,802 in 2008 and 1,750 in 2009.

Well, with the aim of ensuring sustainability and continuity in the provision of these services, it is established that all public employees carrying out air traffic control functions in the AENA's service must make inexcusable the necessary day to ensure such continuity and sustainability. For these purposes, it is available that the maximum time required is the average of the one actually carried out by air traffic controllers at the service of AENA during the year 2009, which, as indicated above, amounted to, including the time of rest during the day and the guards located, at 1,750 hours.

Finally, and with the same basis on the above measures, AENA is empowered, as long as a new collective agreement is not agreed and published, to agree the temporary displacement of its workers. of the work centre as outlined in the Workers ' Statute, but with certain limitations or guarantees for the public employees affected by these measures. The public body is also empowered to change the day for service needs or for the variation of operational schedules of the dependencies and to modify the time of entry of a shift in the work center. Periods of enjoyment of permits, holidays and licenses should be accommodated in any case to the needs of the service, as is generally the case in all companies and, finally, it is necessary to be the employer and not the employee (a) to establish the possible lack of adaptation of a controller to technical or technological changes in his/her job, for the purposes of his/her transition to non-operational air traffic control functions.

The transitory modification of the working conditions of the AENA controllers that has just been exposed and which is the minimum and essential to guarantee the objectives pursued by the actual decree-law, does not result I would like to make it possible for the Commission to present a report on the implementation of the common organization of the market in the European Community. The fact is that, although the said provision empowers the company's management to agree to such changes where there are proven economic, technical, organisational or production reasons, it has been subject to the exhaustion of a period of consultation with the legal representatives of the workers, the collective agreement of the AENA controllers demands to obtain the express agreement of the trade union organization. Well, in view of the breakdown of the negotiating process on 2 May, there is no doubt about the impossibility of the negotiating route to achieve this objective.

In line with the above, certain extraordinary measures are also incorporated to ensure the effectiveness of all the provisions laid down by the present law and, therefore, security and continuity of the provision of air traffic services. In this respect, the State Aviation Safety Agency is empowered to adopt immediately, in accordance with the Community rules of application, the urgent training plans necessary to facilitate the procurement of the corresponding licenses, ratings and unit records of air traffic controllers, in which the validation of the knowledge and experience of aeronautical technical personnel, such as pilots or controllers, shall be established.

The Agency is also empowered to certify new air traffic service providers in accordance with Community regulations, using a preferential and simplified procedure, and to certify as providers of flight information training to current air traffic control training providers, as well as to validate training courses that have been taught in accordance with Community legislation.

The set of the measures set out above did not begin the feasibility of how many others are already provided for in the legal order and which can be considered necessary, inter alia, to be applied to the law established in Article 4.4 (a) of the Law 21/2003, July 7, Air Safety.

At last, the effect that the national economy has in this real decree-law in relation to the crisis situation that our economy is going through must be emphasized. It should therefore be mentioned that the immediate objective of the measures laid down in this provision, the guarantee of the safe, efficient, sustained and economically sustainable provision of air traffic services, in turn responds to a The objective is to guarantee the proper functioning of the airport sector, which, due to its dynamicability, is essential for the development and operation of the rest of the productive sectors and, in particular, of the tourism sector. It cannot be forgotten that the proper management of aerodromes is directly conditioned by that of air traffic, because the inefficiency of air traffic systems immediately affects airport capacity, the amount of air traffic. air navigation charges, the costs borne by the airlines and, finally, the price paid by passengers for flying in those companies. Furthermore, it is worth noting that, as a further objective, not least, the guarantee of the fundamental right to the free movement of citizens is found, which cannot be undermined by the dysfunctions and rigidities of a citizen. A specific model for the provision of air navigation services such as the existing one in AENA at the time of the approval of this royal decree-law.

III

The measures that are established in this royal decree are the minimum necessary and have a direct and congruent relationship with the situation that is being dealt with and with the achievement of the government's objectives. which have previously been exposed.

The implementation of these measures must be urgent and immediate due to the serious situation AENA currently finds in ensuring the continuity and economic and financial sustainability of such a service. essential for our society as air traffic services are.

In this regard, AENA has shown that the expiry of the extra-statutory covenants of the extension of the day on 1 April 2010 and, consequently, the application of the social conditions established in the I A collective agreement from that date, with a mandatory working day of only 1,200 hours, would require a comprehensive reduction of all air transport operations equivalent to 40% of the expected demand. The situation would be particularly critical in island environments where alternative means of communication are not available, with reductions exceeding 50%.

These measures must also be taken as a matter of urgency, because, because of their characteristics and the legal and factual context in which they are to be applied, they require immediate regulatory action, which must be undertaken in a shorter period than the parliamentary procedure itself of the bills, all without prejudice to the fact that the actual decree-law may be dealt with, where appropriate, as an ordinary law by the urgency procedure.

In fact, given the breakdown of the negotiation of the collective agreement already merited and, consequently, the impossibility that with a fixed day for the controllers in a thousand two hundred hours per year the air traffic needs, it is entirely unpostponed to impose, on a transitional basis, rules guaranteeing the sufficiency of the means of AENA during the time required to complete the process of opening the the provision of air traffic services to new suppliers.

It cannot be known that the modification of the existing legal regime, if known in advance, could lead to the undesirable effect of causing behaviour which could seriously endanger the effectiveness of the reform itself, given the absolutely exorbitant pressure capabilities acquired by air traffic controllers through collective bargaining that have already been described.

According to all of the above, and in use of the authorization granted by Article 86 of the Spanish Constitution, on the proposal of the Minister of Public Works, after deliberation by the Council of Ministers at its meeting on 5 February of 2010,

DISPONGO:

Article 1. Designation of civil air traffic service providers.

1. Air traffic services of area control and approach control, as well as flight, warning and advisory information associated with the volumes of airspace in which such services are provided, shall continue to be provided directly by the business public entity Airports Spanish and Air Navigation (AENA), as a designated entity for that function.

2. It is for the Ministry of Development to designate, within specific airspace blocks, civil service providers of aerodrome air traffic services duly certified by a National Supervisory Authority of the European Union. The designation resolution shall specify the technical requirements that the service provider shall meet in order to commence its business in accordance with Community legislation.

3. The designation of the aerodrome air traffic service provider by the Ministry of Development shall be made on a proposal from the airport manager. The proposal shall specify the type of air traffic services requested by the aerodrome, in accordance with its technical, economic and regulatory characteristics, as well as, where appropriate, the undertaking or entity providing it.

The proposal of the airport manager will form part of its organizational power, without in any case having a binding character for that or the reports that must accompany its proposal, nor the agreements or pacts that must precederla, whatever the rule that would have set them or require them.

4. Tasks which are not properly air traffic, such as the platform address, may be carried out directly by the airport operator or be entrusted to the civil service providers of aerodrome air traffic services by the airport operator.

Article 2. Guarantee in the provision of air traffic services.

1. The civil service provider of air traffic services designated for a specific airspace block is obliged to ensure the safe, effective, continuous and sustainable economic and financial provision of such services, which may not be reduced or suspended without the prior authorisation of the competent authority.

The obligation laid down in the preceding paragraph also includes the obligation to ensure adequate technical and operational coordination with other air traffic service providers and the provision of such services. suppliers of the information necessary to identify the movements of aircraft in airspace under their responsibility.

2. The organisation, planning, management, management, supervision and control of the provision of such services shall be exclusively for the civil service provider of air traffic services.

To this end, such a civil service provider is empowered to take the measures that are necessary in each case and, inter alia, the following:

a) Determine the operational configuration according to traffic demand and concurrent technical and meteorological conditions.

b) Determine the facilities, technical services and personnel necessary for the proper provision of air traffic services.

c) Determine your management organization by identifying and assessing the appropriate management positions in charge of security, quality, protection, and financial and human resources.

d) Make the selection and training of unit and continuous air traffic controllers.

e) Organize shifts, schedules, and staff breaks.

f) To monitor and control the work done by your staff and to impose appropriate sanctions in case of non-compliance.

3. The powers listed in this Article are unavailable to the civil service provider of air traffic services. In this regard, no post or body may be assigned or perform any function which limits or undermines the exercise of those powers.

The provision of voluntary form by the service provider of these powers shall determine the revocation of the designation obtained in accordance with the provisions of Article 1 (2).

Article 3. Time of activity and rest of the air traffic controllers.

To ensure the safe provision of air traffic services and the necessary rest of air traffic controllers, the following is available:

1. The shift shall be for a duration of not more than twelve hours per service.

2. The number of overtime shall not exceed 80 per year, in accordance with the provisions laid down in the Staff Regulations.

3. The rest of the day will be twenty-five percent of the duration of the day and thirty-three percent of the duration of the night day. However, in the monoppositional control towers the controllers will have a break of one hour per service.

Article 4. Defaults.

1. The non-compliance by the civil service provider of air traffic services of the obligations established in this royal decree-law will be sanctioned according to Law 21/2003, of July 7, of Air Safety. Infringements shall be considered to be very serious where the non-compliance has prevented or undermined the security or continuity in the provision of such services.

2. Non-compliances to the service of the civil service provider of air traffic services shall be classified as very serious when they adversely affect the safety or seriously or repeatedly undermine the effectiveness or continuity of the service. the provision of services, giving rise to the penalties laid down in Law 21/2003 of 7 July 2003 on Air Safety and on the civil liability to be provided.

Likewise, these conduct will be the cause of disciplinary dismissal by the air traffic service provider. If the service provider has to deal with a file prior to the disciplinary dismissal, the opening agreement may provide for the temporary suspension of employment and salary of the worker concerned.

Additional disposition first. Extraordinary measures.

1. For the guarantee of the safe and continuous provision of air navigation services, the State Aviation Safety Agency may take any of the following extraordinary measures:

(a) Approve immediately, in accordance with the Community rules of application, the training plans that are necessary to facilitate the obtaining of the licenses, ratings, and unit records of controllers air traffic which is required. These plans will expressly provide for the validation of the knowledge and experience of aeronautical technical personnel, such as pilots or controllers.

b) To certify new air traffic service providers in accordance with Community regulations, using a preferential and simplified procedure.

c) To certify as providers of aerodrome flight information services (AFIS) to current air traffic control training providers and to validate the training courses they have provided adjusting to Community legislation.

2. The business public entity Airports Spanish and Air Navigation and the personnel at its service must facilitate the immediate application of the provisions of article 4.4.a) of Law 21/2003, of July 7, of Air Safety, without any post work, a management body or organization may hinder or impede its effectiveness. Failure to comply with this obligation shall be sanctioned in accordance with the provisions of Article 4 of this Royal Decree-Law, without prejudice to any other civil or criminal liability to which there may be.

Additional provision second. Air traffic services provided by Spanish Airports and Air Navigation.

1. In aerodromes operated by AENA, air traffic services may be provided by the said entity or by any other air traffic service provider duly certified by a national supervisory authority of the Union. European.

2. In the two months following the entry into force of this royal decree-law, AENA must present to the Ministry of Development the safety studies that will allow to identify in which aerodromes from which it manages the service of air traffic under the aerodrome flight information service (AFIS) mode. The Ministry of Public Works shall determine by order in which aerodromes the flight information service shall be provided.

Within the time limit set in those orders, AENA, in accordance with Law 31/2007 of 30 October, shall initiate the procedures for the selection of the corresponding civil service providers of flight information services. aerodrome.

3. For aerodromes which are determined by order of the Ministry of Public Works and within the time limit laid down, AENA shall also initiate the procedures for the selection of new civil air traffic service providers. of aerodrome. Depending on the characteristics of the aerodrome and the relevant safety studies, these services may be provided under the control mode, flight information, or both, as determined in the relevant ministerial orders.

4. Air traffic controllers who came by providing their services for AENA in the premises referred to in the preceding paragraphs, when the provision of the service is initiated by the new air traffic service providers, may choose to accept the job which AENA must offer them or to terminate their employment contract, with the right to receive, in the latter case, the allowances they make.

5. In the aerodromes referred to in paragraphs 2 and 3 of this provision AENA shall continue to provide the air traffic control services until the effective start of the provision of services by the new air traffic control services. suppliers.

Additional provision third. Training of air traffic personnel.

1. The state company Services and Studies for Air Navigation and Aviation Safety, S.A., as the current provider of air traffic training, must present to the State Aviation Safety Agency the training plans that will result necessary to endow the system of the required personnel in order to bring into effect the provisions contained in the actual decree-law.

Equally, AENA shall submit to the State Aviation Safety Agency the plans for the formation of unit and continuing training that are necessary to supplement those referred to in the preceding paragraph.

All training plans will specifically provide for the validation of the knowledge and experience of aeronautical technical personnel, such as pilots or controllers.

2. The remaining initial civil training providers may also present the training plans they deem appropriate once they have been duly certified as civil training providers. These plans may provide for the validation of the knowledge and experience of aeronautical technical personnel, such as pilots or controllers.

First transient disposition. Transitional measures in relation to the current provider of air traffic services.

To ensure the safety, efficiency, continuity and economic sustainability of the provision of air traffic services and as a result the opening of the market to new service providers, in addition to the remaining services forecasts of this royal decree-law, will be applicable to the regime of the civil air traffic controllers to the service of AENA the following provisions:

1. Until three years after the entry into force of this royal decree-law:

(a) The right to obtain the special paid leave is suspended, without any further incorporation, whether or not it has been requested, of such a situation.

(b) As long as the third final provision does not take effect, all public employees carrying out air traffic control functions at the service of AENA must make the journey inexcusable. necessary to ensure the continuity and sustainability of these services.

For these purposes, this day will not be able to exceed the average of the one effectively carried out by the air traffic controllers at the service of AENA during the year 2009, which was 1,750 hours, including rest periods during the day, the guards located and the times required to cover possible incidents.

2. In the thirty calendar days following the entry into force of this royal decree-law AENA will replace the service shifts already established by a new schedule adjusted to the provisions of this standard. The new programming will be published in the relevant work centres, while the published shifts will be maintained in the meantime.

3. From the entry into force of this royal decree-law, and as long as a new collective agreement is not agreed and published, AENA is empowered to:

(a) Agree to the temporary posting of their workers outside the working centre in accordance with the provisions of Article 40 of the Workers ' Statute, provided that this is necessary to ensure safety and the continuity in the provision of the service, for a maximum period of one year and without prejudice to the right to receive compensation for the movement arising.

b) Change the day for service needs or the variation of the operational schedules of the dependency, as well as modify the time of entry of a shift in a working centre, up to an hour, provided they do not exceed twice the time it takes place in a calendar year.

c) Approve and publish shifts for calendar months and in advance of ten days.

d) To accommodate the needs arising from the obligation to ensure the safety, efficiency and continuity of the service provision, the periods of enjoyment of permits, holidays and licenses, which are subject to the prior AENA authorization.

(e) to ensure that a controller is not adapted to the technical or technological changes in his or her job, for the purposes of his or her transition to non-operational control functions; air traffic, which shall be subject to the conformity of the business public entity.

4. Likewise, since the entry into force of this royal decree-law AENA will be able to hire new air traffic controllers under any of the modalities provided for in the Workers ' Statute.

Second transient disposition. Supervision by the State Aviation Safety Agency.

For the three years following the entry into force of this royal decree-law, and without prejudice to the inspection and supervision functions legally conferred on the State Aviation Safety Agency, the said Agency must permanently monitor its compliance with AENA.

Single repeal provision. Regulatory repeal.

All provisions that are opposed, contradicted or incompatible with the provisions of the actual decree-law are repealed.

Final disposition first. Competence title.

This royal decree-law is issued under the exclusive jurisdiction conferred on the State by Article 149.1.20ª and 149.71st of the Constitution, in matters relating to the control of airspace, transit and air transport and in the field of labour law.

Final disposition second. Adequacy of air navigation charges.

1. During the years 2010 to 2012 AENA will propose a progressive reduction of the route fee so that it can be established by 2013 in the average that is applicable to the five main European service providers.

2. The Government will include in the draft of the State Budget Law for the years 2011 and 2012 the relevant forecasts of reduction of the rate of approximation congruent with the elimination of its deficit and with the objective of its equating to the average of the five major European Union countries.

Final disposition third. Regulatory development of the time of activity and rest in the air traffic services sector.

By royal decree and after consulting the most representative unions at the state level, the time of activity and rest of the air traffic controllers will be regulated.

Following the entry into force of the royal decree referred to in the previous paragraph, all air traffic service providers designated by the Ministry of Public Works, including the public authorities, Spanish Airports and Navigation Air, shall adjust the time of activity and rest of the staff to their service to what is established in that standard.

Final disposition fourth. Entry into force.

This royal decree-law will enter into force on the day of its publication in the "Official State Gazette".

Given in Madrid, on February 5, 2010.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO