Article 166 of Law 13/1996, of 30 December, of Fiscal, Administrative and Social Order Measures, has established within the legal system of airports of general interest of the exclusive competence of the State, according to Article 149.1.20. of the Constitution, the need for the airport and its service area to be ordered by a new planning instrument, of a strictly airport and non-urban nature, called the Director Plan, to give an answer to the problems arising from the complexity of modern technology airport infrastructure and the increasing development of air traffic and transport, and to which the function of delimitation of the service area of airports of general interest is assigned, with the inclusion of the reserve spaces which ensure the development and expansion of the airport, and the determination of the airport or complementary activities to be carried out in the different areas within the airport and its service area.

Moreover, the aforementioned provision of the Law has established the need for airports of general interest and their service area to be classified as an airport general system in the general plans or instruments equivalent of urban planning, which may not include any determination to interfere with or disturb the exercise of the State's powers over qualified airports of general interest; this general system shall be developed by means of a special plan or equivalent instrument with respect to the content of which Approval is provided for the precise collaboration mechanisms between the aeronautical authority and the competent urban administrations, as well as the coordination measures necessary to ensure the exercise of the state competence.

In accordance with the habilitation conferred by the final provision 7. of Law 13/1996, this Royal Decree is intended to determine the objectives, content and standards for the approval of the Directors Plans of the airports of general interest, in such a way as to ensure the development of the airport, its effective integration into the territory and coordination with the actions of public administrations which have competence in the field of spatial planning and urban planning, to which the way of approval of the special plan is also determined Equivalent instrument of urban planning, although exclusively from the point of view of the state competences on airports of general interest.

In its virtue, on the proposal of the Minister of Public Works, prior to the report of the Ministry of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on 4 December 1998,

DISPONGO:

Article 1. Service area of airports of general interest.

The Ministry of Public Works shall delimit for airports of general interest a service area which shall include the areas necessary for the implementation of the airport activities, those for the additional tasks of these and the reserve spaces that guarantee the possibility of development and growth of the whole and approve the corresponding Plan Director of the same one, in which they will be included, in addition to the activities referred to in article 39 of the Law of Air navigation of 21 July 1960, industrial and commercial uses, the location of which it is necessary or appropriate for its relationship with air traffic or for the services provided to airport users.

Article 2. Plan Director of the airport and its service area.

1. At each airport of general interest, a Director Plan shall be approved which shall define the main guidelines for the management and development of the airport until it reaches its maximum foreseeable expansion and which shall be subject to the delimitation of the service area. of the airport, which shall include:

(a) The areas necessary for the implementation of air traffic and transport activities; stay, repair and supply to aircraft; reception or dispatch of passengers and goods; services to passengers and passengers; air transport companies; access and parking of vehicles, and, in general, all those necessary for the best management of the airport.

b) The reserve spaces that guarantee the possibility of development and expansion of the airport and that will comprise all those lands that are predictably necessary to guarantee in the future the correct development of the airport activity.

2. Furthermore, the Director Plan may include in the service area of airports of general interest, in addition to the airport activities referred to in the previous paragraph, the development of other complementary, commercial and (a) industrial, whose location at the airport is justified or appropriate by its connection with airport traffic, by the nature of the services provided to the airport users or by the volume of air traffic which generate; as well as spaces for equipment.

The performance of the activities referred to in this paragraph shall be verified in accordance with the determinations of the airport space management contained in the airport's Director Plan and in accordance with the plan special or equivalent instrument as applicable, provided that the development and implementation of airport and air transport activities are not prejudiced and the facility for access to the airport is not limited.

Article 3. Content of the Director Plan.

1. For the purposes set out in the previous Article, the airport's Director Plan shall necessarily contain:

(a) The aeronautical spaces integrated into the national air navigation support network.

(b) Air traffic control services.

c) Infrastructure for the movement of aircraft.

(d) The areas of airport activities with the additional buildings and facilities for the aircraft service.

e) The buildings and facilities of the airport that are necessary for the movement and transit of the passengers and the goods.

f) The parking and access areas for people and vehicles.

g) Spaces for complementary activities.

h) The necessary service networks for the proper functioning of the airport infrastructure.

i) The airport service routes.

j) The road and rail accesses of the airport.

k) The representation of the final state of the airport general system.

2. The airport's Director Plan will also include the necessary determinations to ensure that the non-aeronautical public authorities have the necessary spaces for the development of the activities and services to be provided at the airport. airport.

3. The Director Plan shall also contain the determination of the areas or areas necessary to enable, where appropriate, the deployment of military aircraft and their means of support and shall contain the necessary specifications in relation to the interests of the national defence and the control of the Spanish airspace established by the Ministry of Defence.

Article 4. Director Plan documentation.

The Airport Director Plan will contain the following documents:

(a) Memory, which will include a study of the background and the current situation of the airport; its future needs arising from the analysis of passenger and freight traffic and the foreseeable development of demand; the delimitation of the service area, with the reasons for the extensions or the proposed disaffection; the activities envisaged for each of the areas of the airport service area, with the justification of their need or convenience, and the relationship with urban planning; it will also include infrastructure land access to the existing airport or resulting from the implementation of approved plans or projects, as well as the study of those which are necessary for the connection of the airport with the general land transport systems taking into account the volume of current and foreseeable airport traffic, and will also reflect the territorial scope which may be affected by the establishment of the aeronautical legal services in accordance with the provisions in force.

(b) the overall situation of the airport, its current service area and the proposed service area, and plans for each of the areas in which the airport service area is structured, with the planned activities; as well as plans for the territorial space affected by aeronautical easements.

c) Study of the impact of the airport and airport infrastructure in the surrounding territorial area.

d) Estimation of the economic measures of the airport development envisaged by the Director Plan, in terms of the competition of the public authorities Spanish Airports and Air Navigation.

Article 5. Approval of the Directors Plans.

1. The preparation of the Directors ' Plans of the airports of general interest will be carried out by the public body Spanish Airports and Air Navigation, in accordance with the guidelines established by the Secretary of State for Infrastructures and Transport of the Ministry of Public Works.

2. The approval of the Directors ' Plans corresponds to the Minister of Development, at the proposal of the Secretariat of State of Infrastructures and the Transports, prior to the mandatory report of the Directorate General of Civil Aviation, to whose effect the public body Spanish Airports and Air Navigation, once the acts of instruction referred to in the following two paragraphs have been prepared and carried out, will raise them to the aforementioned Secretariat of State.

3. The Directors ' Plans shall be informed by the public authorities concerned by the delimitation of the airport's service area which have competence in the area of spatial planning and urban planning. These reports shall be deemed to be favourable if, after one month after receipt of the documentation, they have not been expressly issued.

4. Before their approval, the Directors ' Plans will be sent to the Ministries of Defense, Interior and Environment to report on the matters that, respectively, affect their competences. Any of these reports shall be deemed to be in favour if the time limit of one month from receipt of the documentation elapses without the report being expressed in an express manner.

In the event that the delimitation of the service area proposed by the Plan Director of the airport includes property assets or public domain of ownership of the General Administration of the State concerned for purposes different, the report of the Ministry of Economy and Finance will be collected. For these purposes, the referral of the Director Plan shall entail the initiation of the demanial or demanial mutation file, which shall be processed and resolved in accordance with the provisions of the State Heritage Act.

5. The Ministerial Orders that approve the Directors Plans will be published in the "Official State Gazette".

Article 6. Public Utility Statement.

The approval of the Directors ' Plans of the airports of general interest shall imply the declaration of public utility, for the purposes of expropriation, of the goods of private ownership included within the delimitation of the service area of the airport.

Article 7. Review of the Directors Plans.

1. Airport Management Plans shall be reviewed as long as the needs require substantial changes in their content and shall be updated at least every eight years.

2. The review and update of the Directors Plans will be carried out in accordance with the procedure set out in this Royal Decree for approval.

Article 8. General airport system.

For the purpose of ensuring the necessary coordination between public administrations with concurrent powers over the airport space, the general plans and other general instruments of urban planning will qualify airports and their respective service areas as an airport general system and may not include determinations involving interference or disturbance in the exercise of airport operating powers.

The general airport system shall be developed through a special plan or equivalent instrument, which shall include among its determinations the measures and forecasts necessary to ensure efficient management and airport operation, its development and its connection with the general terrestrial transport systems.

Article 9. Processing and approval of the special plan.

1. The special plan or equivalent instrument shall be drawn up by the public authorities of Spain and Air Navigation in accordance with the forecasts contained in the relevant airport director plan, and shall be processed and approved by the public authority. urban management competent in accordance with the provisions of the applicable urban legislation.

2. For the purposes referred to in the preceding paragraph, the competent authority for the approval of the special plan, after the acts of processing and instruction required by the implementing legislation, shall be carried out by the entity. Spain and Air Navigation of the agreement of provisional approval of the special plan within 15 days of the adoption of such an agreement, in order for that body to give a ruling on the aspects of its competence in the one month to count from its reception. Before issuing its report, the public body, Spanish Airports and Air Navigation, will seek that of the competent Directorates-General of the Ministry of Public Works.

In the event that the shipment is not made, or in the event that Spanish Airports and Air Navigation has a negative opinion on the content of the special plan or equivalent instrument provisionally approved, will proceed to its final approval by the competent urban authority, which will open a period of consultations between the urban administration that has provisionally approved the plan and the public entity Airports Spanish and Air Navigation, to end to reach an express agreement on the content of the agreement. Once that agreement has been reached, the competent authority shall be notified of the final approval.

In the course of persisting the disagreement over a period of six months from the negative pronouncement of the public body Spanish Airports and Air Navigation, it will be up to the Council of Ministers to report with binding nature in respect of those aspects which affect the exclusive competence of the State on airports of general interest.

3. The definitive approval of the special plans or equivalent instruments must be notified to Spanish Airports and Air Navigation in the form and deadlines established by the Law of Legal Regime of the Public Administrations and the Common Administrative Procedure. The said body shall transfer the final approval and the content of the special plan or equivalent instrument to the Secretariat of State for Infrastructure and Transport.

Article 10. Execution of works in the airport.

1. The works of new construction, repair and maintenance carried out in the field of the airport and its service area by Spanish Airports and Air Navigation shall not be subject to the acts of municipal preventive control referred to in the Article 4 (1) (b) of Law 7/1985, of 2 April, regulating the bases of the Local Regime, for constituting public works of general interest.

Such works must be adapted to the special plan of planning of the airport space or equivalent instrument, to which the projects must be submitted to the competent urban administration report, which will be understood issued in a favourable manner if it had not been expressly evacuated within one month of receipt of the documentation. In the event that the special plan or equivalent instrument referred to in Article 8 has not been approved, the works carried out by Spanish Airports and Air Navigation in the airport area shall be in accordance with the Plan Director of the airport, or, in the absence of an airport, to be carried out within the service area determined and delimited in accordance with the provisions of the single transitional provision of this Royal Decree.

2. Works carried out in the airport public domain by virtue of authorization or concession do not exempt their promoters from obtaining the permits, licenses and other authorizations that are required by the provisions in force. The construction project will have to be adapted to the special plan for the planning of the airport space and will be accompanied by a report of Spanish Airports and Air Navigation on the compatibility with the special plan or, in another case, on the the need for the works and their compliance with the airport's Director Plan.

Additional disposition first. Deadline for the approval of the Directors Plans.

The Directors of all airports of general interest will be approved within two years, in accordance with the provisions of this Royal Decree.

Additional provision second. Referral to the Ministry for the Promotion of Urban Projects affecting the service area of airports of general interest.

The public authorities responsible for spatial planning and planning shall forward to the Ministry of Public Works, before their initial approval or equivalent processing, the draft plans or general instruments of urban or territorial planning, or those of its revision or modification, affecting the service area of an airport of general interest or its surrounding spaces subject to established aeronautical easements or to be established by virtue of the Air Navigation Law, to the object that the report on the qualification of the area of airport service as a general system and on the territorial space affected by the easements and the uses that are intended to be assigned to this space. This report, which shall be binding in respect of the exercise of the exclusive powers of the State, shall be issued within one month, after which one month and one month after the report is evacuated, the report may continue with the processing of the general plans or instruments for spatial or urban planning. In the event that the competent public administration does not accept the comments made by the Ministry of Public Works, the final approval of the urban and territorial plans or instruments will not be allowed to affect the exercise of the exclusive powers of the State.

Additional provision third. Approval of the Directors ' Plans for civil and military joint use aerodromes.

In the aerodromes used jointly by an air base or military airfield and an airport, the approval of the Directors ' Plans will be carried out by joint resolution of the Ministers of Defense and Development, conformity with the procedure laid down in Article 5 of this Royal Decree and other formalities required by the provisions in force which apply to such aerodromes.

Single transient arrangement. Transitional arrangements for the area of the service area of airports of general interest.

As long as the approval of the Directors ' Plans regulated by this Royal Decree is carried out, the scope of the service area of airports of general interest will be the one defined prior to its entry into force or, in its (a) defect, the defect of the airport public domain and the execution of projects for the construction or extension of the airport infrastructure and the projects referred to in Article 3 (1

.

The Minister of Public Works will make public the delimitations of the current service zones of airports of general interest. The corresponding Orders will be published in the "Official State Gazette".

Single end disposition. Entry into force.

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

Given in Madrid at 4 December 1998.

JOHN CARLOS R.

The Minister of Development,

RAFAEL ARIAS-SALGADO MONTALVO