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The regularity and security of commercial air transport are in the times when we live a truly singular transcendence in defending with efficacy legal goods of constitutional relevance such as the the fundamental right of citizens to freedom of movement and the guiding principle of social and economic policy, in the virtue of which public authorities must ensure the defence of security and the legitimate economic interests of the public. consumers and users.
On the other hand, the impact and the repercussions of any order on the situation in the air sector that represent the exceptional events that occurred on 11 September of this year are evident. This has been expressly recognised in point 7 of the document in which the conclusions reached by the recent Transport and Telecommunications Council held in Luxembourg on 16 October 2001 are taken up.
Point 8 of the above-mentioned document also states that " the Council notes the requirement of certain airlines for some flexibility in the application of the rules in the coming winter season and invites the Commission to analyze the situation urgently to take a stand before the winter season arrives. "
Without prejudice to what is to be determined by the Commission about the flexibility requested and which will logically affect the application to be made of the forecast for slot allocation in the Community airports contained in Council Regulation (EEC) No 95/93 of 18 January, it is true that the responsible public authorities have to take the necessary measures to ensure that the situation of exceptional circumstances does not involve the use of these slots by the air carriers that have them (a) assigned that, in an unjustified manner, it implies excessive restrictions for other operators to the detriment of free competition and, finally, to the legitimate interests of consumers and users.
The urgency of the adoption of these measures is due to the very reason why the conclusions document of the last Council of Ministers for Transport and Telecommunications invites the analysis of the situation before the Next winter season it is necessary, therefore, that measures such as those adopted in this Royal Decree-Law can be applied during the winter season 2001-2002.
With the forecasts included in this Royal Decree-Law, we intend to strengthen the legal position of the responsible public power by providing the minimum legal instruments that have been judged at this time and by this means of urgency. essential, without prejudice to the fact that, in the light of the development of events, further improvements can be made later.
The issue which is now the subject of a strengthening of public powers lies in the establishment of precise rules, both organisational and sanctioning, on the determination of classes, on capacity and on on the coordination of airports of general interest for the purposes of the provisions of Regulation (EEC) No 95/93 and on the supervision of the allocation of slots and their proper compliance.
In this respect, it is particularly timely and illustrative to highlight the coherence between the measures adopted in this rule and the decision of the European Commission, which was incorporated in its recent Proposal for a Regulation of the European Parliament. Parliament and the Council amending Council Regulation (EEC) No 95/93 of 18 January concerning common rules for the allocation of slots at Community airports to propose ' the adoption of measures to promote the development of the mandatory national rules on the imposition of fines and/or periodic penalties on companies which (i) the fact that, as the Commission itself expressly states in the abovementioned document, this particular proposal for national sanctioning measures ' is already common practice in several Member States; Member States of the Union
In its virtue, in use of the authorization contained in article 86 of the Spanish Constitution, on the proposal of the Minister of Development and after deliberation of the Council of Ministers at its meeting of November 2, 2001,
D I S P O N G O:
Article 1. Determination of coordinated and fully coordinated airports of general interest, their capacity and their coordination for the purpose of setting slots.
1. For the purpose of implementing Council Regulation (EEC) 95/93 of 18 January concerning common rules for the allocation of slots at Community airports, airports of general interest are considered to be coordinated and fully Coordinated by those listed as an annex to this Royal Decree-Law.
2. The Ministry of Public Works, on a proposal from the Directorate General of Civil Aviation, prior to the report of the business public entity "Spanish Airports and Air Navigation" (AENA), and completed the procedures provided for in Articles 3 and 6 of the aforementioned Regulation, may incorporate or exclude airports of general interest from the list of coordinated and fully coordinated airports, as well as modify the category of any of the airports already included within that list.
3. It will be for "Spanish Airports and Air Navigation" (AENA), by delegation of the Minister of Public Works which is revocable by ministerial order, to determine the available capacity for the allocation of slots for the movement of the aircraft. 'Spanish airports and air navigation' (AENA) shall designate the person or persons responsible for coordination at coordinated or fully coordinated airports for the fixing of the said slots in the terms laid down by the Regulation (EEC) 95/93 cited above.
Article 2. Monitoring of slot allocation and flight schedules.
The Directorate-General for Civil Aviation will monitor the slot allocation procedure, as well as the use by air carriers of the slots allocated.
To do this, the Directorate General of Civil Aviation will be able to access the information systems implemented by AENA to coordinate and control the programming of the movements of the aircraft and to collect all the information that results relevant to the designated coordinator and the air carriers.
Article 3. Responsibilities of the airlines.
1. Air carriers which, for reasons not justified to them, do not return on the dates provided for by Regulation (EEC) 95/93 the slots allocated which they are not to use in the corresponding season of traffic, thereby preventing the possibility of their reallocation to other companies, may be sanctioned, as responsible for an administrative infringement, with a fine of 1,000,000 up to 15,000,000 pesetas for each series of unreturned slots.
"series of slots" shall be considered to be a minimum of five slots requested for a programming period at the same time, on a regular basis, on the same day of the week, and allocated in this way or, if this is not possible, at about the same time.
2. Air carriers which, for reasons not justified to them, operate at fully coordinated airports without the prior allocation by the coordinator of the appropriate time slot, may be sanctioned as responsible for a administrative infringement, with a fine of 500,000 to 2,000,000 pesetas for each flight operated without obtaining the corresponding time slot.
3. Air carriers which, for reasons not justified by them, exploit, intentionally and repeatedly, the slots at times other than those authorised by the coordinator, may be sanctioned, as responsible for an infringement administrative, with a fine of 500,000 to 5,000,000 pesetas for each flight made out of the authorised slots.
4. Air carriers which, by means of exchanges between them, make transfers of slots not permitted by Regulation (EEC) 95/93, may be penalised as liable for an administrative infringement, with a fine of 3,000,000 10,000,000 pesetas for each series of slots unduly exchanged.
5. Air carriers which fail to provide the information referred to in Article 2 may be penalised as being responsible for an administrative infringement, with a fine from 250,000 to 750 pesetas.
Article 4. Graduation of sanctions.
1. For the purposes of the graduation of the offences and penalties provided for in the previous Article, serious infringements shall be deemed to have been carried out intentionally or with reiteration, except for the infringement referred to in Article 3 (3). In all cases, serious damage to air safety or serious damage to airport performance or to users shall be considered to be serious. The offences defined above as serious, will be considered to be very serious if any of the following circumstances arise: serious risk to air safety, very serious damage to the good airport operation or to the users.
2. The limits of the sanctions mentioned above may be updated by Royal Decree approved by the Council of Ministers.
Article 5. Sanctioning procedure.
1. The procedure for imposing the penalties laid down in this Royal Decree-Law shall be in accordance with the provisions of Title IX of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Rules of Procedure Common Administrative and in its implementing rules.
2. The instruction in the files shall be from AENA and the jurisdiction for the imposition of the penalties from the Director-General of Civil Aviation.
Article 6. Periodic penalty payments.
Without prejudice to any sanctions which may be imposed in accordance with Article 3, failure to comply with the requirements of the Administration to remedy serious damage to the legitimate interests of users or the air transport or general interest which is being produced may, after the expiry of the period laid down in those requirements, give rise to the imposition of periodic penalty payments, the amount of which shall not exceed 10 per 100 of the maximum amount of the corresponding penalty.
Single additional disposition. Rules on the protection of competition.
The provisions of this Royal Decree-Law are without prejudice to the rules of defence of competition and the obligation of the bodies entrusted with the application of the same to notify the Defence Service of the Competence the assumptions that proceed.
Final disposition first. Regulatory enablement.
The Government, on the proposal of the Minister of Public Works, will dictate the necessary provisions for the development and implementation of this Royal Decree-Law.
Final disposition second. Entry into force.
This Royal Decree-Law will enter into force on the day following its publication in the "Official State Gazette".
Given in Madrid on 2 November 2001.
JOHN CARLOS R.
The President of the Government,
JOSÉ MARÍA AZNAR LÓPEZ
ANNEX
I. Relationship of designated airports as coordinated
A Coruña.
Almeria (Winter Season).
Asturias.
Badajoz.
Córdoba.
El Hierro.
Girona.
Granada.
Ibiza (Winter Season).
Melilla.
Menorca (Winter Season).
Murcia/San Javier.
Pamplona.
Reus.
Sabadell.
Salamanca.
San Sebastian.
Santander.
Santiago.
Sevilla.
Valencia.
Valladolid.
Vigo.
Vitoria.
II. Relationship of designated airports as fully coordinated
Alicante.
Almeria (Summer Season).
Barcelona.
Bilbao.
Fuerteventura.
Gran Canaria.
Ibiza (Summer Season).
Jerez.
La Palma.
Lanzarote.
Madrid/Barajas.
Malaga.
Menorca (Summer Season).
Palma de Mallorca.
Tenerife North.
Tenerife Sur.
