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Royal Decree 184 / 2008, Of 8 Of February, By Which Is Approves The Statute Of The Agency State Of Security Air.

Original Language Title: Real Decreto 184/2008, de 8 de febrero, por el que se aprueba el Estatuto de la Agencia Estatal de Seguridad Aérea.

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TEXT

Air transport is of strategic importance for Spain, both from the point of view of international communications and territorial cohesion and cohesion, and from its contribution to economic activity, to the development of the tourism industry and the generation of jobs.

Over the last 15 years, air traffic has multiplied by 2.5, and forecasts point to the doubling in the coming years, driven by the increase in disposable income in Spain, by economic growth in Spain. the air traffic emitting markets, as well as the growing pressure of low-cost companies on the market.

Given the above, the Aeronautical Administration is facing this growth of activity with the challenge of increasing the safety of transport and the quality of services, creating additional capacity for to address the increase in demand, to achieve environmentally sustainable transport development, to promote the international presence of Spain in the air transport sector, to modernise aviation legislation and to provide the authority with of the legal and organisational instruments necessary to ensure its implementation.

Law 28/2006, of 18 July, of State Agencies for the Improvement of Public Services, precisely as a key element for the modernization of the aeronautical authority, has authorized the creation of a State Agency Air Safety for the " implementation of the functions of management, supervision and inspection of the safety of air transport and air navigation and airport security systems, as well as for the functions of detection, analysis and assessment of the safety risks in this mode of transport, which means that the guarantee of competitiveness and security needed in the sector, require an administration which provides services with a high level of quality, which has autonomy and flexibility in its management and which, at the same time, is subject to the control of efficiency and responsibility for the performance of results.

The present royal decree, in development of what is foreseen in the law, establishes a new management model, characterized by an unfolding of the aeronautical authority. In this model, competition for the formulation of sectoral proposals and strategic policy in the field of civil aviation, representation and coordination with other administrations and with the European Union in the field of policy air transport, and the adoption of aeronautical circulars, among others, are located in the Directorate General of Civil Aviation of the Ministry of Public Works.

On the other hand, the State Aviation Safety Agency is the body responsible for the exercise of the inspection and sanctioning powers in the field of civil aviation, the initiative for the approval of the regulatory regulations in the areas of air safety and the protection of the air transport user for elevation to the competent bodies of the Ministry of Public Works, as well as the risk assessment in the field of civil aviation security.

The model of organization provided for in this royal decree also seeks to promote appropriate civil and military coordination in the field of aviation security, in accordance with the provisions of current legislation and mechanisms. currently set.

This royal decree consists of a single article, approval of the statute and establishing the State Aviation Safety Agency, five additional provisions, four transitional provisions and four final provisions.

The additional provision first determines that the date of effective constitution of the Agency will be in any case prior to the day of June 2, 2008, and that it will occur with the constitutive meeting of its Governing Council.

Then, by the second provision, the abolition of organs of the former Directorate General of Civil Aviation is carried out. In addition, the third provision provides for a change in the name of the Flight Safety Delegations.

The fourth additional provision determines the mode of integration of the staff of the Directorate-General for Civil Aviation at the State Aviation Safety Agency, providing that through the Resolution of the Assistant Secretary for Public Works concrete the personnel subject to such integration.

According to the provisions of Law 28/2006, of July 18, of State Agencies for the improvement of public services, and to specify the services of the Directorate General of Civil Aviation that are integrated into the Agency, the Royal decree provides for the integration of the staff of the Directorate-General for Civil Aviation within the Agency, with the exception of such integration to personnel who perform in a substantial manner functions that are part of the competencies attributed to the Agency. Directorate-General for Civil Aviation, as well as the staff employed in the services of the Directorate-General for Civil Aviation not to be developed by the Agency.

In the transitional regime, the provisions relating to the provision of services necessary to ensure the temporary exercise of the functions of the organs of the Directorate General of Civil Aviation are included in the first place. until the date of the implementation of the Agency. It is also available that the Subsecretariat of Promotion continues to provide the Agency with the common services, until it has the own services necessary to achieve its autonomy.

Given the technical and specialised nature of the powers assigned to the Agency and the need to equip itself with experienced staff in the field of its tasks, the second transitional provision provides that, exceptional, during the first two years from the date of the operation of the Agency, the Agency shall use in a preferential manner as a system for the selection of certain bodies and escalations of official staff to be sent to the Agency for the -opposition, in which experience in the field of activities will be assessed as merit attributed to the Agency.

The transitional legal regime for budgets, procurement and other administrative procedures initiated prior to the establishment of the Agency is set out in the third and fourth transitional provisions.

The final provision first lists the organizational changes that will affect Royal Decree 1476/2004, of June 18, for which the basic organizational structure of the Ministry of Public Works is developed.

With regard to the second final provision, the procedure for the approval of airport management plans of general interest under Royal Decree 2591/1998 of 4 December 1998 on the management of the airport is amended. airports of general interest and their service area, in accordance with Article 166 of Law 13/1996 of 30 December 1996, of fiscal, administrative and social measures, in order to bring it into line with the current organic structure of the Ministry of Development.

The Staff Regulations are structured in seven chapters which collect in an orderly manner the various aspects which, according to Law 28/2006, of July 18, must contain the statutory regime of a State Agency.

Chapter I, "General provisions", is dedicated to the nature, legal regime and administrative powers of the Agency.

According to the authorization contained in the third provision of Law 28/2006, of July 18, Chapter II, "Object and Competence", determines the subject matter of the State Aviation Safety Agency and establishes that, for the fulfilment of this objective, the activity of the Agency shall be guided by the following criteria for action:

Preserve the safety of air transport in accordance with the principles and rules in force in the field of civil aviation.

Promote the development and establishment of national and international aviation safety standards and the protection of air transport users, as well as the procedures for their implementation.

Promote a culture of security in all areas of Civil Aviation.

Protect the interests of society, and in particular of users by ensuring the development of safe, efficient, efficient, accessible, fluid, quality and environmentally friendly air transport.

To develop its competencies in the light of the needs of civil aviation, in terms of quality, effectiveness and efficiency and competitiveness.

As a corollary to the above, the statute gives the Agency the necessary powers to achieve the above objectives.

It should be noted that, given the succession of organs produced between the Ministry of Public Works and the State Aviation Safety Agency, competition for the imposition of aviation sanctions, as well as the competition for the adoption of extraordinary measures under Article 30 of Law 21/2003 of 7 July 2003 on air safety, in the light of the relevance of those measures, are laid down in the President of the Agency, without prejudice to their possible delegation.

Chapter IV "Organization" determines the governing bodies and the executive body of the Agency, establishing the powers and functioning of the Agency.

Section 1 regulates the figure of the President and the Governing Council, as the governing bodies of the Agency. The government model of the State Aviation Safety Agency is characterized by a non-executive president, who in turn is the Director General of Civil Aviation, as an essential element of coordination between both organs of the Administration.

As regards the composition of the Rector Council, a Council composed of the President, 11 Councillors and a Secretary with a voice but no vote, has been chosen. Although this is not an interministerial agency, the designation of the members, outside the director of the Agency as a member, is distributed among several ministries. Thus, the Minister of Development appoints four Directors, and the Ministers of Economy and Finance, Public Administrations and the Environment and Defense, each appoint one. Finally, the most representative trade union organisations will also appoint two representatives to the Governing Council.

The Head of the Agency is the Executive Body of the Agency and the Head of the Agency's management and management. His appointment is to the Governing Council, on a proposal from the President, among graduates, on the basis of criteria of professional competence and experience.

In Chapters V, VI and VII, "Staff Regulations", "Estate, Financial and Procurement Regime", and "Economic Management and Control", the rules established by Law 28/2006 of July 18 are developed. Taking into account the special responsibility, the technical competence and the relevance of the tasks assigned to these posts, the Agency's management staff are considered to be the head of the operational directorates, the General Secretariat, and the in-flight security offices, the sub-address holders who are integrated in the addresses, and the Flight Operations Security Control Division.

The management staff must be appointed on the basis of professional competence and experience criteria, among graduates who will be officials, and by means of a procedure that guarantees merit, capacity and advertising.

Notwithstanding the foregoing, as provided for in Article 23.3 of Law 28/2006, the Flight Operations Security Control Division, which is dependent on the Aviation Safety Directorate, will be covered by the by a senior management contract.

Within Chapter VI, relating to the "Estate, Financial and Procurement Regime", it is determined that the Director shall be the contracting authority. In addition, for the purposes of public sector procurement rules, the State Air Safety Agency is assigned the status of its own means and technical service of the General Administration of the State and its bodies and entities governed by public law, and may be entrusted with the carrying out of work and tasks that are incardinated in the field of their competences.

Chapter VII establishes the Agency's budgetary and control arrangements. It highlights the possibility that the Director may authorise budgetary changes which do not affect staff expenditure or the total amount of the budget, and a management accounting system which will enable monitoring of the budget. compliance with the commitments made in the Management Contract.

In its virtue, at the initiative of the Minister of Public Works, on the proposal of the Minister of Public Administrations and the Minister of Economy and Finance, according to the Council of State and after deliberation by the Council of Ministers in their meeting on 8 February 2008,

D I S P O N G O:

Single item. Establishment of the State Aviation Safety Agency and approval of its status.

1. By virtue of the authorisation provided for in the third provision of Law 28/2006 of 18 July of State Agencies for the Improvement of Public Services, the State Aviation Safety Agency is hereby established, to the end of which the Staff Regulations are approved. of that Agency, the text of which is inserted after this royal decree.

2. The State Aviation Safety Agency succeeds the Ministry of Public Works and, in particular, the Directorate General of Civil Aviation for the purposes, powers and functions attributed to the Agency in the statute that is approved by this royal decree.

All the mentions that any provision contains about the Ministry of Public Works and the Directorate General of Civil Aviation, referring to the competences that the Statute that is approved by this royal decree attributes to the Agency, They will understand the same.

The competencies directly attributed to the Minister of Development are excepted from the above.

3. The distribution of powers carried out by this royal decree is carried out without prejudice to the powers currently conferred on the Ministry of Defense.

Additional disposition first. Effective constitution.

1. The effective implementation of the Agency shall in any event be produced before 2 June 2008 with the establishment of the Governing Council, in whose constituent session the appointment of the Director of the Agency and of the Agency shall also be carried out. its management bodies and staff.

2. The Agency shall be subrogated in all the rights and obligations arising from the powers of the Directorate-General for Civil Aviation and the Department, which, by virtue of this royal decree, are assigned to the Agency. (a) in the case of contracts, agreements, contracts, agreements, and completed charges in the field of competences assigned to the Agency.

Additional provision second. Removal of organs.

The following bodies of the Directorate General of Civil Aviation are deleted:

(a) The General Subdirection of Operation of Air Transport.

b) The Air Transport Control Subdirectorate General.

c) The General Subdirection of Air and Airport Navigation Systems.

Additional provision third. Security offices in flight.

In-flight security delegations will be renamed in-flight security offices.

Additional provision fourth. Integration of personnel into the State Aviation Safety Agency.

1. The official staff who, until the Agency has been put into operation, will be in the position of the Directorate-General for Civil Aviation, and will be joined at the same time by the State Agency. Air Safety with the same status, age and degree as you have, remaining in the active service situation in your Body or Scale of provenance.

Except for the integration into the Agency provided for in the preceding paragraph:

(a) Staff who perform in a substantial manner functions included in the competencies attributed to the Directorate General of Civil Aviation in the final provision first, paragraph Three of this royal decree.

(b) Staff working in services which are not to be developed by the Agency.

2. The work staff shall be integrated under the same conditions laid down in the previous paragraph, the Agency being subrogated in the contracts of work concluded with staff subject to employment law, on its own terms and without any alteration of its conditions.

3. A resolution of the Sub-Secretariat for Public Works shall determine the staff members of the Agency in accordance with the provisions of paragraphs 1 and 2 of this provision.

4. The posts corresponding to services of the Directorate General of Civil Aviation which, in accordance with paragraph 1 of this additional provision, are not integrated into the State Aviation Safety Agency, shall be provisionally attached to the Agency. Directorate-General for Civil Aviation by means of a resolution of the Secretariat, until a new relationship of posts for the General Directorate is approved according to the attributions assigned to it in this royal decree.

Additional provision fifth. Inventory of goods.

The State Aviation Safety Agency shall carry out the first inventory of the assets assigned to it and of which it may acquire for the commencement of its activity before a year has elapsed since its implementation.

First transient disposition. Provision of services.

1. The bodies of the Directorate-General for Civil Aviation shall continue to carry out their duties until the date of the implementation of the Agency. The bodies of the Agency shall also exercise the functions conferred by the statute which is adopted by means of this royal decree from the date of its implementation.

2. Without prejudice to the establishment and operation of the Agency, the Ministry of Public Works shall continue to provide the necessary common services for the State Aviation Safety Agency until it has its own services for achieve their autonomy.

Second transient disposition. Selection of staff.

On an exceptional basis, during the first two years from the date of entry into operation of the Agency, it shall be used in a preferential manner as a system of selection of the official staff to be incorporated into the Agency. Agency, either in the bodies of Engineers and Technical Engineering Engineers of the State or in the specialties of the Escalas de Technicians Facultative Superior de Organismos Autonomos y de Titleos de Escalas Técnicas de Organisas Autonomos dependent on the Ministry of Public Works which are necessary at the Agency, the concurring opposition, in which experience in the field of activities attributed to the Agency shall be assessed as merit.

Transitional provision third. Files, obligations, contracts and expenses.

1. The files initiated by the Directorate-General for Civil Aviation prior to the operation of the Agency and not resolved on that date, relating to areas of competence assigned to the Agency by the statute approving the Agency. royal decree, shall be settled by the competent body of the Agency in accordance with the allocation of the exercise of powers laid down by the Staff Regulations.

2. The expenditure procedures initiated by the Directorate-General for Civil Aviation and not finalised, in the areas of competence of the Agency, shall adapt their processing to the regulatory rules of the Agency and shall be finalised in accordance with the order of powers established by this Statute.

Transitional disposition fourth. First economic exercise.

The first financial year of the State Aviation Safety Agency shall begin to be counted from the date of its implementation and shall end on 31 December of the same year.

Final disposition first. Amendment of Royal Decree 1476/2004, of 18 June, for which the basic organic structure of the Ministry of Public Works is developed.

One. Article 7 (1) (e) and (g) of Royal Decree 1476/2004 of 18 June 2004, for which the basic organisational structure of the Ministry of Public Works is developed, is worded as follows:

" 1. It corresponds to the General Secretariat of Transport, with the rank of Undersecretary:

(e) The proposal for minimum mandatory services to ensure the provision of essential services for road, maritime and airport transport and air transport, in the case of the provision of services, labor conflict or business absenteeism.

g) The rating of civil airports. "

Two. Article 7 (5) (e) of Royal Decree 1476/2004, of 18 June 2004, for which the basic organisational structure of the Ministry of Public Works is developed, is worded as follows:

" 5. They depend on the Ministry of Public Works, through the General Secretariat of Transport:

e) The State Aviation Safety Agency (EASA). "

Three. Article 10 of Royal Decree 1476/2004, of 18 June, for which the basic organisational structure of the Ministry of Public Works is developed, is worded as follows:

" Article 10. Directorate-General for Civil Aviation.

1. The Directorate-General for Civil Aviation is the body by which the Ministry of Public Works defines aviation policy in the field of civil aviation, within the competence of the General Administration of the State, corresponding to that body. directive the following functions:

(a) The approval of aeronautical circulars provided for in Article 8 of Law 21/2003, of 7 July, of Air Safety, either on its own initiative or on a proposal from the State Aviation Safety Agency.

b) The coordination of the actions that correspond to the Ministries of Defense and Development in the field of their respective competences, assuming the Presidency of the Inter-Ministerial Commission between Defense and Development, according to set out in its regulatory regulations.

c) The Department's maximum representation to national and international civil aviation agencies.

d) With a general character:

1. The elaboration of studies and formulation of proposals on strategic policy in the field of air transport and air and airport navigation systems.

2. The preparation of regulatory regulations in the field of civil aviation for elevation to the competent bodies of the Ministry.

3. The coordination of the interests and points of view of the sector for the formulation of proposals on aeronautical policy at national and international level, in particular in the field of the European Union.

4. The promotion of sustainable development of air transport, and the effective and safe use of the airport and air navigation system.

e) On representation:

The representation of the Department to national and international civil aviation agencies, and international participation in matters related to civil aviation, without prejudice to the powers of the other senior bodies or managers of the Ministry of Public Works and the Ministry of Foreign Affairs and Cooperation, as well as the powers conferred on the State Aviation Safety Agency.

f) In the field of aeronautical infrastructure policy:

1. Inform the qualification proposals of civil airports.

2. Elaboration of the proposals for authorization for the establishment of the airports that are the responsibility of the General Administration of the State, and of the structural modifications that alter such authorization, as well as of its authorisation to put into operation or decommissioning, without prejudice to the powers of establishment and approval of civil public airport projects attributed to the AENA Business Public Entity.

3. The previous report on the establishment, modification and opening of the air traffic of the airports and airports of competition of the autonomous communities, and on the approval of plans or instruments of management and the delimitation of their respective area of services, as well as the certification of the compatibility of the airspace in the case of heliports of regional competence, in accordance with Article 9.2 of Law 21/2003 of 7 July on Air Safety.

4. The report to the master plans and special plans of airports of general interest. This report shall be binding in the event that the powers of the General Administration of the State are affected.

5. The report of the territorial and urban planning instruments affecting airports of general interest and navigation systems, and in particular their area of service and aeronautical easements. This report shall be binding in the event that the powers of the General Administration of the State are affected.

6. The expropriatory actions in the field of airport and air navigation infrastructures whose management is reserved to the State.

7. The Secretariat of the Inter-Ministerial Commission between Defense and Promotion, as set out in its regulatory regulations, for the coordination of the actions that correspond to the Ministries of Defense and Development in the field of their respective powers, as well as the participation in the plenary session, presentations and working groups, without prejudice to the powers conferred on the State Aviation Safety Agency.

g) In the field of air transport promotion and service continuity:

1. The negotiation of international air transport agreements, either bilateral or in supranational negotiations, and the allocation of the rights of traffic arising therefrom, without prejudice to the powers of the Ministry of Foreign Affairs and Cooperation and technical support attributed to the State Aviation Safety Agency.

2. The management of appropriations entered for air transport grants.

3. The proposal for public service obligations in the field of civil aviation.

(h) Other in the field of civil aviation that are not attributed to the State Aviation Safety Agency in accordance with its status.

2. The powers referred to in paragraph 1.a), (b) and (c) of this Article correspond to the Director General of Civil Aviation.

3. The Directorate General of Civil Aviation is structured in the following bodies with the rank of Subdirectorate General:

(a) The General Subdirectorate of Air Transport, which is responsible for the exercise of the functions described in paragraph 1 (g) of this Article, as well as those referred to in paragraph (1) (d) and (e) thereof, air transport in general.

(b) The General Subdirectorate of Airports and Air Navigation, to which it is responsible for the exercise of the functions described in paragraph 1 (f) of this Article, as well as those referred to in paragraph 1. (d) and (e) corresponding to it in the field of airports and air navigation in general. "

Final disposition second. Amendment of Royal Decree 2591/1998 of 4 December 1998 on the management of airports of general interest and their area of service, pursuant to Article 166 of Law 13/1996 of 30 December 1996 on tax measures, administrative and social order.

Article 5.2 of Royal Decree 2591/1998 of 4 December 1998 on the management of airports of general interest and their area of service shall be worded as follows:

" 2. The approval of the directors plans corresponds to the Minister of Development, on the proposal of the Secretary General of the Transports, prior to the mandatory report of the Directorate General of Civil Aviation, to whose effect the business public entity Airports Spanish and Air Navigation, once the acts of instruction referred to in the following two paragraphs have been elaborated and carried out, will raise them to the aforementioned General Secretariat of Transport. "

Final disposition third. Regulatory development and implementation.

The Minister of Public Works is authorized to dictate how many provisions are necessary for the development and execution of this royal decree.

Final disposition fourth. Entry into force.

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

Given in Madrid, on February 8, 2008.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

STATE OF THE STATE AIR SECURITY AGENCY

CHAPTER I

General provisions

Article 1. Legal nature of the State Aviation Safety Agency.

1. The State Aviation Safety Agency (hereinafter the Agency or EASA) is a public body governed by Law 28/2006 of 18 July of State Agencies for the Improvement of Public Services.

2. The Agency has a distinct legal personality with respect to that of the State, its own assets and treasury and its management and functional autonomy, within the limits established by Law 28/2006 of 18 July, and by this Statute.

Within the powers conferred on it by this statute and, where appropriate, other rules, it is for the Agency to exercise the necessary administrative powers for the fulfilment of its purposes and functions, in accordance with the applicable legislation.

Article 2. Legal framework.

1. The Agency is governed by Law 28/2006, of 18 July, of State Agencies for the Improvement of Public Services, by this Statute and, in an additional manner, by the rules applicable to public law entities attached to the Administration State General.

2. In the exercise of its public powers, Law No 30/1992 of 26 November 1992 on the legal system of public administrations and the common administrative procedure shall apply.

3. In the exercise of its powers in the field of safety, the Agency shall be governed by Law 21/2003 of 7 July 2003 on air safety and the rules implementing it, as well as on the Community law in force in the field of air and security obligations to air transport users.

The Agency assumes the powers that Law 21/2003, of July 7, attributes to the Ministry of Development in sanctioning and inspector matters, in the terms established in this statute.

Article 3. Principles of the Agency's action.

1. The Agency shall implement a management model which balances the principles of autonomy and control and which responds to the principle of accountability for results, based on the achievement of clear, measurable and improved objectives for the the provision of the service, in such a way as to better serve users and society.

2. The Agency shall guide the provision of services in its competence to the improvement of efficiency, quality and productivity through the use of advanced information technologies and interactive media.

3. The Agency shall respect in its performance the principle of transparency, ensuring that citizens are accessible to the main planning and evaluation documents of the Agency's management.

Article 4. Provisions and administrative acts.

1. The Agency shall lay down the internal rules necessary for the fulfilment of its powers, which may take the form of:

(a) Resolutions of the President of the Agency.

b) Resolutions of the Governing Council.

(c) Resolutions, instructions, and acting protocols of the Director of the Agency.

2. The acts dictated by the Rector Council, the President or the Director of the Agency in the development of public functions will exhaust the administrative route, except in tax matters where they will be used in an economic and administrative way, without injury, in both cases, to subsequent access to the legal-administrative jurisdiction.

3. Agreements made by the holders of the addresses and the security offices in flight in the exercise of public functions shall be subject to the use of the information referred to above.

Article 5. Legal assistance.

In accordance with the fourth additional provision of Law 28/2006 of July 18, the legal assistance of the State Aviation Safety Agency will be carried out by the State Attorney in the Ministry of Public Works, without prejudice to the possibility that, in the context of the establishment of the management contract and in accordance with the needs of the Agency, an agreement may be concluded in accordance with the terms laid down in Law 52/1997 of 27 November 1997 on legal aid to the State and public institutions.

Article 6. Attachment.

The Agency is attached to the Ministry of Public Works through the General Secretariat of Transport.

Article 7. Headquarters.

The Agency will have its institutional headquarters in the city of Madrid.

CHAPTER II

Object and competencies

Article 8. The purpose of the State Aviation Safety Agency.

1. The State Aviation Safety Agency, within the scope of the State's competence, and in accordance with the authorisation carried out by the third provision of Law 28/2006 of 18 July, is intended to implement the the functions of management, supervision and inspection of the safety of air transport and of air navigation and airport security systems, in their aspects of the inspection and control of aeronautical products, air and air activities; aeronautical personnel, as well as the functions of detection, analysis and risk assessment security in this mode of transport.

2. In order to comply with this objective, the Agency shall be guided by the following criteria:

(a) Preserve the safety of air transport in accordance with the principles and rules in force in the field of civil aviation.

b) Promote the development and establishment of national and international aviation safety and aviation safety standards, as well as the procedures for their implementation.

c) Promote a culture of security in all areas of civil aviation.

d) Protect and defend the interests of society, and in particular of users, by ensuring the development of safe, efficient, efficient, accessible, fluid, quality and environmentally friendly air transport.

e) To develop its competencies in the light of the needs of civil aviation, in terms of quality, effectiveness and efficiency and competitiveness.

Article 9. Competencies.

1. The State Aviation Safety Agency exercises the following powers:

(a) The issuance, renewal, suspension, maintenance and revocation of authorizations, ratings, licenses, certifications and other enabling titles for the conduct of civil aviation activities, such as the operation of aircraft, airports and air navigation services, as well as the design, manufacture, maintenance, and use of aircraft, products, components and civil aviation equipment.

It is also for the Agency to recognise and accept certificates issued by other authorities and which are required for the exercise of aeronautical professions.

b) The management of the aircraft registry registry.

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

(d) The Community regulations or directives attribute to the State, and correspond to the Ministry of Public Works under the internal legal system, in the field of safety in civil aviation and protection of the air transport user, inter alia, 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 July 7.

f) Risk management in the field of civil aviation security.

g) The authorisation, accreditation and inspection of natural and legal persons for their performance as collaborating entities in the field of aeronautical inspection.

(h) The prior approval of internal self-verification and control procedures and programmes developed and implemented by air transport service operators and airport and airport operators or service providers air navigation in compliance with the applicable technical and safety standards.

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

j) Technical collaboration and participation in national and international air safety and air transport safety bodies, as well as collaboration with the European Union and the European Agency for Air Safety to carry out inspections and investigations on Spanish territory.

k) The initiative of regulatory regulations in the areas of civil aviation attributed to their responsibility, for their elevation to the competent bodies of the Ministry of Public Works.

l) Those other related to the object and purposes of the Agency which may be attributed to them.

2. The Agency shall provide technical assistance and collaborate with the Ministry of Development in the exercise of the powers of the Agency in the field of civil aviation.

Article 10. Exercise of the sanctioning power and adoption of extraordinary measures.

1. The procedures for sanctioning the administrative offences referred to in Law 21/2003 of 7 July 2003 shall always be initiated on their own initiative by the Director of the Agency, either on his own initiative or as a result of higher order, reasoned request from other bodies or complaint.

It is also for the Director of the Agency to be responsible for the imposition of the sanctions provided for in Law 21/2003 of 21 July of Air Safety.

2. The instruction of the sanctioning procedures arising out of the aeronautical offences defined in Law 21/2003 of 7 July of the Air Safety Act shall be the responsibility of the Directorates of the Agency assigned to the Agency. substantive on that matter.

3. It is for the Director of the Agency to adopt the extraordinary measures provided for in Article 30 of Law 21/2003 of 7 July 2003 on air safety, as well as the measures provided for in Article 63 of the same legal text.

CHAPTER III

Transparent management by objectives

Article 11. The Management Contract.

1. The Agency shall draw up the proposal for a multiannual management contract with the content and within the time limits provided for in Articles 13 and 14 of Law 28/2006 of 18 July, for approval by joint order of the Ministers for Development, Public and Economic and Finance Administrations.

2. The action of the Agency is carried out in accordance with an annual action plan, under the validity and in accordance with the relevant multi-annual management contract.

3. The Management Contract of the Agency shall be valid for four years.

4. The Management Contract shall comprise at least the following content for the period of validity:

(a) The objectives to be pursued, and the plans necessary to achieve the objectives, with the specification of the corresponding time frames and the projects associated with each of the strategies and their time frames.

b) The results to be obtained, as well as the indicators to evaluate the results obtained.

c) The framework for action in the field of human resource management, which is comprehensive in determining the staffing needs throughout the duration of the contract and the maximum staff forecast.

d) The personal, material and budgetary resources to be provided for the achievement of the objectives, establishing their multi-annual scenario.

e) The effects associated with the degree of compliance with the objectives set out in the following aspects:

The criteria for the requirement of responsibility for management of the management staff.

The salary-mass amount intended for the productivity supplement or equivalent concept for the workforce.

(f) The procedure to be followed for the coverage of the annual deficits which, where appropriate, could be produced by insufficient real income in respect of the estimates and the consequences of liability in the management which, where appropriate, they should be followed by such deficits.

g) The procedure for the introduction of the annual amendments or adaptations which, if necessary, proceed.

5. The President of the Agency, taking account of the Governing Council, shall present the proposal of the Management Contract to the General Secretariat of Transport of the Ministry of Public Works and to the competent bodies of the Ministries of Public Administrations and Economy and Finance before 1 September of the last year of validity of the previous contract.

Before 30 May of the same year, the Governing Council will approve the initial proposal of the new contract, and the General Budget of the State may provide a conditional envelope for the effective formalization of the new contract.

6. The approval of the Management Contract takes place by joint order of the Ministers of Development, Public Administrations and Economy and Finance, within a maximum period of three months from its presentation.

7. If the Management Contract is not approved within the time limits provided for in this article, the previous Management Contract will remain in force, for which the Ministry of Economy and Finance will include in the General Budget of the State of the The following financial year an allocation conditional on the approval of the contract on the basis of the initial proposal approved by the Rector Council in accordance with paragraph 5 of this Article.

8. The President shall inform the General Secretariat of Transport of the Ministry of Public Works and the competent bodies of the Ministries of Economy and Finance and of Public Administrations concerning the execution and fulfilment of the objectives of the Agency as set out in the Multi-annual Management Contract.

Article 12. The annual action plan, the activity report and the annual accounts.

1. The Director shall propose to the Governing Board for approval:

(a) The annual action plan, on the basis of the available resources, before 1 February of each year, and the multiannual action plan.

(b) The general activity report for the year immediately preceding the year before 30 June of the current year.

(c) Annual accounts accompanied by the audit report, prior to 30 June of the current year.

2. The documents referred to in this Article are public, with citizens having access to their content since their approval, except for those aspects that may compromise air safety.

3. To ensure free access to the content of these documents, they will be published on the Agency's website and edited in documents for this purpose.

4. The Agency, through the Ministry of Public Works, shall forward annually to the General Cortes the general activity report approved by the Governing Council, concerning the tasks of the Agency and the degree of compliance with its objectives.

CHAPTER IV

Organization

Section 1

Article 13. Governing bodies.

1. The governing bodies of the Agency are the President and the Governing Council.

2. The designation of the members of the Rector Board shall be in accordance with the criterion of parity between man and woman.

Article 14. The President.

The President of the Agency shall be the Director General of Civil Aviation.

Article 15. Duties of the President.

The President holds the representation of the Governing Council, directs and presides over its meetings and will also exercise the following functions:

a) Ostend the Agency's maximum representation at both the institutional and international levels.

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

c) conferring general or special powers on individuals or individuals.

d) Present to the Governing Council the proposal for a multi-annual management contract, prior to its approval by the Ministers for Development, Public Administrations and the Economy and Finance Ministers.

e) Report to the Ministries of Development, Public Administrations and the Economy and Finance on the implementation and fulfilment of the objectives set out in the Management Contract.

(f) To issue the annual accounts to the Court of Auditors, through the General State Intervention, in accordance with the budgetary rules.

g) To 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 to refer to the General Courts or the parliamentary committees which correspond, through the Minister for Public Works, to the general activity report adopted by the Rector Council, concerning the Agency's tasks and the degree of compliance with its objectives.

Article 16. Composition of the Governing Board.

1. The Governing Council is the agency's collegiate governing body.

2. The Rector Board shall be composed of the President of the Agency, who shall also be the President of the Council, the Directors and the Registrar.

3. The Director of the Agency is a member of the Governing Council. The other members shall be appointed and separated by the Minister for Public Works and shall be appointed as follows:

(a) Four shall be appointed by the Minister of Public Works, among officials and independent professionals with experience in the field of civil aviation or public management.

b) One will be appointed by the Minister of Economy and Finance, with a minimum rank of Director General.

(c) One shall be appointed by the Minister of Public Administration, with a minimum rank of Director General.

d) One will be appointed by the Minister of the Environment, with a minimum rank of Director General.

e) One will be appointed by the Minister of Defense.

4. Two representatives of workers will be appointed by the most representative trade union organisations in the Rector Council.

5. The Secretary is part of the Rector Council and will attend his sessions with a voice but no vote.

6. The members of the Governing Council shall keep due regard to the matters of which they are known as members of that body.

7. In the case of a vacancy, absence or illness of the President, the President of the Governing Council shall be the adviser of the most hierarchy, seniority and age, in this order, of those referred to in paragraph 3.

Article 17. Functions of the Rector Board.

1. The Governing Council is responsible, in accordance with this Statute and in accordance with the provisions of the legislation in force, for the following functions:

(a) The monitoring, supervision and control over the Agency's performance.

b) The adoption of the proposal for the Agency's multiannual management contract, as well as the adoption 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, as set out in the Management Contract.

c) Approval of the Agency's preliminary draft budget.

(d) The proposal to the Minister for Economic Affairs and Finance, at the initiative of the Director of the Agency, for changes in the overall amount of the budget and those affecting staff expenditure, in accordance with Article 27.3 (a) of the Law 28/2006, dated July 18.

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 the Agency's management and the requirement of the responsibilities to be carried out.

g) The approval of the general activity report for the previous year, and of how many extraordinary ones it considers necessary on the management, valuing the results obtained and recording the deficiencies observed.

(h) The approval of the Agency's annual accounts and 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 staff workforce and the employment relationship of the Agency and the preparation of the Agency's annual employment offer for inclusion in the offer of State public employment, according to with what is set in the Management Contract.

k) The appointment and termination, on a proposal from the Director, of the Agency's bodies and other senior management staff.

(l) The determination, on a proposal from the Director, of the criteria and percentages applicable to the remuneration as a performance incentive to be perceived by the management staff of the Agency, within the framework of the management.

(m) Dictate the internal rules of operation, organic development and adoption of agreements of the Governing Council itself and of the Agency as not provided for in this statute, in accordance with the framework of action set out in the management.

n) Agree to the exercise of the actions and the resources that correspond to the entity in defense of the interests before the Public Administrations and the judicial organs of any order or jurisdiction, without prejudice to the Article 20 (c) of Law 29/1998 of 13 July, regulating the administrative-administrative jurisdiction.

(n) The authorisation of credit operations and other borrowing operations which the Agency may agree with in accordance with this Statute.

or) The approval, on a proposal from the Director and prior to the authorization of the Ministry of Public Works, of the amount of the prices and other non-tax revenues that the Agency is authorized to charge.

p) Agree to the creation or participation of the Agency in the social capital of any class of commercial companies or foundations that are related to its activities, as provided for in Article 43.

q) The approval of agreements, covenants and agreements that it deems appropriate or necessary for the realization of the purposes of the Agency.

r) Agreed to the lease and acquisition of real estate and the constitution of real rights, prior to the favorable report of the Ministry of Economy and Finance.

s) Agreed to create the Agency's telematics register.

t) The approval of the inventory of goods and rights in accordance with the provisions of Law 33/2003 of 3 November of the Heritage of Public Administrations.

u) The declaration of the unnecessariness of the goods and rights attached to the Agency that are unnecessary for the fulfillment of their ends, proposing to the Ministry of Economy and Finance their disaffection and, in case of being disaffected, their disposal in accordance with the provisions of Law 33/2003 of 3 November. The amounts exceeding EUR 20,000,000 shall be authorised by the Council of Ministers, on a proposal from the Ministry of Economic Affairs and Finance.

v) The others attributed to it in Law 28/2006, of July 18, in this statute or in other provisions.

2. The functioning of the Rector Board shall be in accordance with the provisions of Law 28/2006 of 18 July and, as not provided for in Law 28/2006, the scheme provided for in Law 30/1992 of 26 November for the collegiate bodies.

Article 18. Convening and quorum of the Governing Council.

1. The Governing Council shall meet, after convening the President and on his own initiative or at the request of at least half of the members, as many times as is necessary for the development of the Agency's functions and at least six times a year. year.

2. The Board of Rector shall be convened by the Registrar in writing at least forty-eight hours in advance, taking the order of the day for the matters to be dealt with.

3. For the valid constitution of the Governing Council, in addition to the President and the Secretary or those who replace them, half of the members shall be present or represented on the first call and, on the second call, the third party of the same. The first and second convocation shall include at least the one-hour time limit.

4. They may attend the meetings of the Governing Council, with a voice but without a vote, all persons who are convened by its President, as experts of the subjects on the agenda.

5. The Governing Council may also agree to the setting up of working groups composed of independent experts, for the study and report of those matters to be determined by the Council. The agreement of the constitution shall determine the scope, duration and composition of those groups.

Article 19. Adoption of agreements.

The agreements of the Governing Council shall be taken by a majority of the votes of its members, present or represented. In the event of a tie, the President shall have a vote of quality.

Article 20. Allowances for attendance at meetings of the Governing Council.

Members of the Governing Council who attend their meetings will receive, as appropriate, the economic compensation authorized by the Ministry of Economy and Finance, at the initiative of the Ministry of Public Works, in accordance with the provisions of the Royal Decree 462/2002 of 24 May on compensation for the service.

Article 21. The Secretary.

1. The Governing Council shall appoint and separate, on a proposal from the President, a Secretary who shall attend its meetings with a voice but without a vote.

2. The Registrar of the Governing Council shall also be the Secretary of the Supervisory Board.

Section 2. Control Commission

Article 22. Composition of the Control Board.

1. The Control Board shall be composed of the following members:

a) Three Vocals, elected by the Rector Council among its members.

b) A President, elected by the Vocals of the Commission, and among its members.

c) A Secretary, who will be the Secretary of the Governing Council.

2. The members of the Control Commission shall not be responsible for management in the Agency.

3. The Financial Controller at the Agency may attend the meetings of the Control Committee, with a voice but no vote.

Article 23. Functions of the Control Board.

It is for the Control Board to report to the Governing Council on the implementation of the management contract and, in general, on all aspects relating to the economic and financial management of the Council itself, for what you should:

(a) Elaborate for the Governing Board, with the periodicity that it decides, and at least once a semester, reports on the development and execution of the Management Contract.

b) Monitor the procedure and systems for drawing up the management and financial information to be submitted to the Rector Board.

c) Review the annual accounts to be submitted to the Governing Board for formulation in accordance with applicable regulations.

d) Verify compliance with the rules and deadlines for both the annual accountability and other information to be provided for their membership of the public sector, as referred to in the Management Contract.

e) To monitor compliance with budgetary rules in the preparation of the budget, as well as in its implementation through the control of the monthly budget execution statement referred to the Control Committee.

f) Analyze all financial management control reports issued by the bodies referred to in Article 52 of this Statute and propose to the Governing Council the strategies to correct weaknesses which could be exposed.

g) Collaborate in the formulation of a standardised, simple and clear framework for communication of financial and management information that should be regularly submitted to the Governing Council for the regular assessment of the level of compliance with the Management Contract.

Article 24. Operation of the Control Board.

1. The Control Board shall meet at least four times a year and whenever its President considers it appropriate.

2. The operation and arrangements applicable to the Control Board shall be in accordance with the arrangements laid down in Law 30/1992 of 26 November for the collective bodies.

3. The members of the Control Board attending their meetings shall, where appropriate, receive the financial compensation authorized by the Ministry of Economy and Finance, at the initiative of the Ministry of Public Works, in accordance with the provisions of the Royal Decree 462/2002.

Section 3. Administrative Structure

Article 25. The Director of the Agency.

1. The Director is the Executive Body of the Agency and is responsible for the management and management of the Agency.

2. The Director of the Agency shall be appointed by the Governing Board on a proposal from the President among higher graduates, on the basis of criteria of professional competence and experience. Similarly, he will be separated from the position by the Governing Council on a proposal from the President.

3. The Director of the Agency shall have the consideration of a high office for the purposes of the provisions of Law 5/2006, of 10 April, of the regulation of conflicts of interest of the members of the Government of the Nation and of the High Charges of Administration General of the State and its provisions for development, as well as for remuneration purposes, in accordance with Article 26.5 of Law 51/2007 of 26 December 2007, General Budget of the State for 2008 or the equivalent of successive laws General Budget of the State.

Article 26. Duties of the Director of the Agency.

1. As the executive body of the Agency, the Director is responsible for the following tasks:

(a) Carry out the management and day-to-day management of the Agency, ensuring that the objectives set out in the Management Contract are met and in accordance with the guidelines for action to be set by the Ministry of Development as the Ministry of attachment.

b) Develop the Management Contract project.

c) Present 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 Agency's annual accounts and propose its approval to the Governing Council.

e) Develop the preliminary draft annual budgets.

f) Run the Agency's budget.

g) To exercise the initiative for the authorisation of budgetary variations by the Minister for Economic Affairs and Finance, or to authorise budgetary variations, as provided for in Article 27.3 of Law 28/2006, of 18 July.

(h) Organise, monitor and monitor the application of public prices, fees and charges that the Agency is authorised to charge and manage, in order to achieve effective and responsible management.

i) Exercise the top leadership of all Agency staff and the high inspection of services and disciplinary authority by resolving disciplinary files.

(j) Provide the appropriate jobs for the Agency's official and labour staff, by resolving the calls for posts of official staff and by hiring staff.

(k) To draw up the staff establishment plan and the employment relationship of the Agency within the framework for action in the field of human resources to be established in the management contract, and to propose its approval to the Council Rector.

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

m) Propose to the Governing Council the appointment and cessation of the organs and other management personnel.

n) Approve and commit expenses, as well as acknowledge and pay obligations, giving account to the Rector Board.

o) to exercise the powers of the Agency in matters relating to the Agency, without prejudice to those conferred on the Governing Council.

p) Develop the Agency's inventory of goods and rights for annual approval by the Governing Council.

q) Resolve issues that affect multiple operational addresses at the same time.

r) Promote appropriate civil and military coordination within the scope of their competencies.

s) Other functions in matters of competence of the Agency which have not been expressly attributed to another body.

t) to carry out the other powers and functions assigned to it by this statute and any other applicable rules, as well as those delegated to it by the President or the Governing Council.

2. They may be the subject of delegation to the management staff or to the other internal bodies of the Agency, the powers corresponding to the Director, other than those provided for in paragraphs (a), (c), (d), (g), (i), (k), (m), (q) and (s), and legal provision or by its own nature would not be susceptible to delegation.

3. In addition, the Director of the Agency may be able to inform him, in order to be aware of matters whose resolution corresponds, ordinarily or by delegation, to his dependent administrative bodies, as provided for in Law No 30/1992, of 26 May 1992. November, the Legal Regime of Public Administrations and the Common Administrative Procedure.

4. In the exercise of its powers, the Director of the Agency may agree to the setting up of working groups for the study and report of those matters to be determined. The agreement of the constitution shall determine the scope, duration and composition of those groups.

Article 27. In-flight security addresses and offices.

1. Under the direction of the Director, the Agency is structured in the following bodies:

a) Depending on its hierarchical level and geographical scope: in-flight security addresses and offices.

The top hierarchical of the Flight Safety Offices will be the Aircraft Safety Directorate.

b) Depending on the nature of their functions: operational bodies and the General Secretariat.

2. Addresses may be integrated by multiple subaddresses and divisions.

Article 28. Operational organs.

1. Operational bodies are the addresses and in-flight security offices responsible for implementing the substantive powers of the Agency listed in Article 9.

2. The operational bodies of the Agency shall be as follows:

(a) The Directorate for the Evaluation of Internal Technical Security and Audit to exercise competence in the field of risk management in the field of civil aviation security, as provided for in Article 9.1.f).

(b) The Aviation Safety Directorate, to exercise the powers referred to in Article 9.1 (a), (c), (d), (e), (g), (h), (j), and (k) in the areas of operation and maintenance security, as well as to the staff of flight and certification of aircraft. It shall also be competent to carry out the registration in the Register of aircraft registration provided for in Article 9.1.b).

This management is organically structured in eight in-flight security offices with the following functions: inspection and supervision actions as well as the instruction of sanctioning files, and the preparation of the the issuance of enabling securities in the field of operations, maintenance, aircraft design and production organisations and personnel licences in their respective territorial areas.

(c) The Directorate for Airport Security and Air Navigation, to exercise the powers set out in Article 9.1, letters. (a), (c), (d), (e), (g), (h), (j) and (k) in the field of airport security and air navigation.

(d) The Directorate for Civil Aviation Security and User Protection, to exercise the powers referred to in Article 9.1 (a), (c), (d), (e), (g), (h), (j) and (k) in the field of security against acts of interference the protection of the user, as well as the facilitation of the air transport provided for in Article 9.1.i).

Article 29. General Secretariat.

The General Secretariat is the agency of the Agency to which the following functions correspond:

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

b) General inspection of services and instruction of disciplinary files.

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

(d) Budget and treasury management and the keeping of 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 charges resulting from the exercise of the powers of the Agency.

g) The wealth management of the assets of their ownership, of which they are assigned and of those whose management is entrusted.

(h) The management, liquidation and collection of penalties and fees, in accordance with the provisions of Law 66/1997 of 30 December 1997, of fiscal, administrative and social order measures, in respect of the the provision of services and the performance of air navigation activities and their subsequent modifications. Also, the establishment, modification, management, settlement and collection of public prices, fees and fees arising from other services and activities that may be provided to third parties.

(i) The proposal for the resolution of administrative resources, pre-employment complaints and claims of patrimonial liability to be made in respect of the action of the Agency, without prejudice to the provided for in Article 5.

(j) Legal advice in the field of aeronautics, without prejudice to the functions attributed to the State Advocate in Article 5.

k) The formulation of normative proposals in the field of civil aviation for its elevation to the competent bodies of the Ministry of Public Works, as well as the report of normative projects affecting the field of competences of the State Aviation Safety Agency.

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

Article 30. Development of the structure.

The Governing Council may develop and delimit the functions and competencies of the organizational units with a lower rank than the organs contained in this statute, in accordance with the provisions of this Statute and the Contract management.

CHAPTER V

Staff Regime

Article 31. General principles.

1. The staff of the Agency shall be composed of official and labour staff, who are governed by the regulations of the public officials of the General Administration of the State, with the specialties provided for in the Law. 28/2006 of July 18, and in this statute, as well as that of the Law of the Workers ' Statute, recast text approved by the Royal Legislative Decree 1/1995, of March 24, and for the rest of the labor regulations.

2. The posts may be provided, in accordance with the various selection and provision procedures set out in Articles 19, 20 and 23 of Law 28/2006 of 18 July, by staff of the General Administration of the State or, where appropriate, of other public administrations. To this end, the relations of jobs will be developed by making this provision possible.

Article 32. Incompatibilities.

The staff of the Agency will be subject to the incompatibilities regime established in Law 53/1984 of December 26, Incompatibilities of the staff at the service of the public administrations and their subsequent modifications. and adaptations.

Article 33. Selection procedure.

1. In the period provided for in the Management Contract, the Agency shall determine its staffing needs to be met by selective testing. Approved the Management Contract, the forecast of staffing needs will be incorporated into the Agency's annual offer of employment, which will be integrated in the offer of State public employment, in accordance with what is established by the Law of Budgets State generals.

2. The Agency's staff will be selected by means of own selection bodies, on the basis of the principles of equality, merit and capacity, as well as access to the public employment of persons with disabilities.

3. For the selection of the official staff, the calls shall be made by the Ministry to which the relevant Bodies or Scales are attached, or by the Agency itself by subscribing to the relevant Convention with the Ministry of Public Works in the case of Corps or Scales attached to that Ministry.

Article 34. Management of jobs.

The Agency shall have its own staff establishment and employment relationship, approved by the Governing Council, within the framework of action which, in the field of human resources, is established in the Management Contract.

Article 35. Provision of jobs.

The Agency shall draw up, convene and, on a proposal from the specialised personnel selection bodies, resolve the corresponding calls for the provision of official staff posts in its various forms, in accordance with the general principles and provision procedures laid down in the rules of public service.

Article 36. Remuneration scheme.

1. The remuneration concepts of the official staff and the Agency are those laid down in the public service rules of the General Administration of the State, and their amounts shall be determined in the relevant framework of the Management Contract, compliance with the provisions laid down in that legislation and in the general budget laws of the State.

2. The address-holders and the General Secretariat shall receive the supplement of destination corresponding to the posts at level 30, the holders of the sub-addresses shall receive the supplement of destination corresponding to the posts Level 29 work and the holders of the flight safety offices shall receive the relevant complement of destination at level 28.

3. The remuneration of staff shall be determined in the light of the collective agreement of implementation and the respective employment contract, and their amounts shall be fixed in accordance with the terms of the management contract.

4. The amount of the wage bill for the productivity supplement, or equivalent concept of the labour force, is in any case linked to the degree of compliance with the objectives set out in the management contract, according to the the procedure to be determined.

By establishing and implementing a performance assessment system, the Agency's staff will receive a share of their remuneration as variable remuneration, associated with their contribution to the objectives to which they are reference to the preceding paragraph, without in any case being able to exceed the amount of the mass determined in accordance with the procedure laid down in the Management Contract.

Article 37. Managerial staff.

1. It is considered to be managerial staff to whom it develops professional managerial functions through the occupation of jobs of special responsibility, technical competence and relevance of the assigned tasks.

2. The management staff of the Agency is made up of the operators of the operational addresses, the General Secretariat, and the security offices in flight, the holders of the sub-addresses to be integrated in the addresses and the Division. Flight Operations Security Control.

3. The management staff of the Agency is appointed and terminated by the Governing Council, acting on a proposal from the Director, among graduates, officials, on the basis of the criteria of professional competence and experience, as well as the Article 23 (2) of Law 28/2006 of 18 July.

Taking into account the special competence required for its performance, as provided for in Article 23.3 of Law 28/2006, of July 18, the Division of Flight Operations Security Control, administrative unit dependent on the Aviation Safety Directorate, shall be covered by a senior management contract.

4. The selection process may be carried out by specialized personnel selection bodies, which will formulate a reasoned proposal, including three candidates for each position to be filled, and must respect the principles of merit throughout the process, capacity and advertising.

5. The management staff are subject, in the development of their tasks, to evaluation according to the criteria of effectiveness, efficiency and compliance with the legality, responsibility for their management and control of results in relation to the objectives have been fixed to you.

6. The management staff shall receive part of their remuneration as an incentive for performance, by means of the corresponding supplement which values the fulfilment of the objectives set, in accordance with the criteria and percentages laid down by the Governing Council, on a proposal from the Director, within the framework of the Management Contract.

CHAPTER VI

Wealth, financial and hiring regime

Section 1. Heritage and hiring

Article 38. Estate regime.

1. The Agency has, for the purposes of its purposes, its own patrimony, other than that of the General Administration of the State, consisting of the set of assets and rights of which it is a holder. The Agency shall also be assigned to the Agency for the fulfilment of its purposes the assets of the State of any ownership that is agreed upon.

2. The management and administration of the property and its own rights, as well as those of the State's assets which are assigned to them for the purposes of their purposes, shall be exercised in accordance with the provisions of this Statute, subject to the conditions of the established for public bodies in Law 33/2003 of 3 November.

Article 39. Legal regime for own property.

The Agency may acquire all kinds of goods and rights for any of the modes admitted to the legal system.

The acquisition of real estate or property rights will require the prior favorable report of the Ministry of Economy and Finance.

Article 40. Legal status of property attached.

The management and dispossession of goods by the General Administration of the State shall be governed by the legislation of the patrimony of the public administrations, retaining their qualification and ownership. (a) legal protection, protection, administration, conservation, maintenance and other actions required by the Agency for the exercise of demanial powers and corresponding to the Agency for the exercise of demanial powers; use of the same and how many prerogatives relating to public domain and property State assets are legally established.

Article 41. Assets of the Agency.

Belong to the Agency's heritage for the performance of its functions:

(a) The movable property currently attached to the services of the Directorate General of Civil Aviation that are integrated into the Agency.

b) All goods currently attached to the security offices in flight.

c) Aircraft owned by the Directorate General of Civil Aviation.

Article 42. Inventory.

The Agency shall form and keep up to date the inventory of its assets and rights, as well as those that have been assigned to it for the fulfilment of its purposes, with the exception of those of a fungible nature. The inventory shall be updated annually with reference to 31 December and shall be submitted for approval by the Governing Council in the first quarter of the following year.

Article 43. Participation or creation of companies and foundations.

1. For the best performance of its purposes, the Agency may establish or participate in commercial companies or foundations whose purpose is in accordance with the objectives of the Agency.

2. The approval of the proposal for participation must be approved by the Rector Council, and if appropriate, it must be subject to the authorization provided for in Article 169 of Law 33/2003, of 3 November or in Article 45 of Law 50/2002, of 26 of December, of Foundations, according to whether they are state mercantile societies or state public sector foundations.

Article 44. Recruitment.

1. The Agency shall adjust its contractual activity to the rules governing procurement in public administrations.

2. The Director shall be the contracting authority of the Agency and may delegate the conclusion of contracts to the Secretary-General.

3. For the purposes of the legislation on the procurement of public sector entities and other public procurement rules to be applied, the Agency shall have the consideration of its own means and the technical service of the Administration. General of the State and its bodies and entities governed by public law, being able to entrust to him the performance of works and tasks incardinated in the field of his competences. The terms and conditions for carrying out such work or tasks shall be set out in the framework.

The rates of the services provided by the State Aviation Safety Agency in its condition of own instrument will be approved by resolution of the Secretary General of Transport that will be published in the " Bulletin State Officer. "

Section 2. Financial-Economic Media

Article 45. Funding.

1. The State Aviation Safety Agency will be funded by the following resources:

(a) Transfers entered in the General Budget of the State.

(b) Your own income as a consideration for the activities that you may perform under contracts, agreements or legal provisions for other public, private or natural persons.

c) The disposal of movable property and securities constituting its assets.

d) The returns on assets and securities that constitute their assets.

e) The income from the liquidation of public prices and charges resulting from the performance of their activities, as well as those from the fees affected by the Agency.

(f) The product of the penalties to be levied pursuant to Law 21/2003 of 7 July.

g) Voluntary contributions, donations, inheritances and legacies, grants and other contributions free of charge from private and private entities.

(h) The contributions which are granted in their favour from specific funds of the European Union, other public administrations and any public authorities.

i) Revenue received from natural or legal persons as a result of sponsorship of activities or facilities.

j) Other public or private law income that you are entitled to receive.

2. The resources referred to in paragraphs (b), (g) and (i) of the previous paragraph and not initially provided for in the budget of the Agency may be used, by means of a decision of the Director, to finance higher expenditure, with the exception of provided for in Article 47.3 in respect of staff costs.

3. The Agency may use the administrative award procedure for the effectiveness of its debts with the nature of public law revenues and through its own services.

In addition, the State Administration of Tax Administration may agree to the collection of these revenues in the form provided for in the General Rules of Collection, approved by Royal Decree 939/2005, 29 of July.

4. The Agency assumes the management and collection of the revenue from public law which is affected and, in particular, the management and collection of the fee for the provision of services and the carrying out of activities in the field of air navigation, established by Law 66/1997 of 30 December 1997, of tax, administrative and social measures, in accordance with the provisions of Law 8/1989 of 13 April 1989 on public charges and prices and other provisions applicable.

It is also up to the Agency to recover the costs of air navigation en route derived from activities carried out by the Agency for the support of the network of aids to navigation and the management and collection of the Revenue from penalties arising from infringements of aeronautical legislation.

5. To the extent that the Agency has the capacity to generate sufficient own resources, the Agency may be financed by obtaining loans granted from the appropriations provided for in Chapter VIII of the General Budget of the State, awarded in accordance with public procurement procedures, intended to finance research and development projects.

Article 46. Indebtedness.

The Agency may not resort to borrowing except in the case of temporary cash flows, in which the Agency may make use of the procurement of credit or loan policies, provided that the outstanding balance does not exceed five per percent of your budget.

CHAPTER VII

Economic management and control

Article 47. Budgetary regime.

1. The Governing Council shall approve annually its preliminary draft budget and forward it, through the Ministry of Public Works, to the Ministry of Economy and Finance, in accordance with the provisions of the Management Contract and the provisions of this Article.

2. The structure of the Agency's budget shall be established by the Ministry of Economy and Finance, as well as the documentation to accompany it.

3. The expenditure budget of the Agency shall be limited by its overall amount and estimate for the distribution of appropriations in economic categories, with the exception of expenditure on staff expenditure in any case they are limited and binding for their total amount.

4. The remaining appropriations resulting from the liquidation of the financial year not affected by the financing of the budget for the following financial year may be applied to the revenue budget and shall be used to finance expenditure increases, taking into account the provisions of the previous paragraph, by agreement of the Director to be given to the Control Board. The deficit resulting from the non-compliance with the annual revenue estimates is offset in the form provided for in the Management Contract.

5. The budgetary changes shall be:

(a) to the Ministry of Economy and Finance, changes in the overall amount of the budget and those affecting staff expenditure, on the initiative of the Director and on a proposal from the Governing Council, except those provided for in paragraph 1. next.

(b) The Director shall be responsible for the remaining changes even in the overall amount when they are financed from resources derived from Article 45.2 above the initially budgeted and there are sufficient guarantees of its effectiveness, giving immediate account to the Control Committee, as well as to the Directorate-General for Budgets of the Ministry of Economy and Finance, for its reason.

Article 48. Budget execution.

The implementation of the Agency's budget is the responsibility of the Director, who will forward a monthly budget implementation statement to the Control Commission.

Article 49. Economic exercise.

The financial year will be computed for annual periods, beginning on 1 January of each year.

Article 50. Accounting system and economic information.

1. The Agency shall apply the accounting principles which correspond to it in accordance with Article 121 of Law 47/2003 of 26 November 2003, with the aim of ensuring the proper reflection of the operations, costs and the results of their activities, as well as providing data and information with economic significance.

2. The criteria for the implementation of the Agency's accounting rules correspond to the General Intervention of the State, in accordance with the terms of the budgetary legislation.

3. The Agency shall have:

a) An economic information system that:

(i) Show, through states and reports, the true image of the heritage, the financial situation, the results and the execution of the budget.

(ii) Provide cost information about your activity that is sufficient for correct and efficient decision making.

(b) A management accounting system that enables the monitoring of compliance with the commitments made in the Management Contract.

4. The Agency shall observe the functional requirements and, where appropriate, the IT procedures, which shall, in effect, establish the General Intervention of the State in accordance with the provisions of Article 125 of Law 47/2003 of 26 November.

Article 51. Annual accounts.

1. The annual accounts of the Agency shall be drawn up by the Director within three months of the end of the financial year. Once the accounts have been audited by the General Intervention of the State Administration, they shall be subject to the approval of the Governing Council by 30 June of the following year to which they relate.

2. The accounts approved by the Rector Board, will be forwarded through the General Intervention of the State Administration, to the Court of Auditors for its audit. The referral to the General Intervention shall be made within seven months of the end of the financial year.

Article 52. Control modes.

1. The external control of the Agency's economic and financial management corresponds to the Court of Auditors, in accordance with its specific rules.

2. The internal control of the economic and financial management of the Agency corresponds to the General Intervention of the State, and will be carried out under the modalities of permanent financial control and public audit, under the conditions and in the terms established in Law 47/2003 of 26 November. The permanent financial control shall be carried out by the Delegation in the Agency, under the functional dependence of the General Intervention of the State Administration.

3. Without prejudice to the control set out in the preceding number, the Agency shall be subject to effective control, which shall be exercised, by means of the monitoring of the management contract, by the Ministry of Public Works through the General Secretariat of Transport. This control is intended to check the degree of compliance with the objectives and the proper use of the resources allocated.