The current regime for air traffic management in the European Union, with different national or local control systems, has been generating certain technical and operational incompatibilities that have damaged the transfer of air traffic. The air traffic control system for air traffic control of the different Member States is smooth. This has been the reason why the Member States of the European Union have recognised the need to achieve, in the field of the common transport policy, technical and operational integration in the control of air traffic. improve its fluidity in order to remedy the problems of traffic congestion in the short term and thereby contribute to greater air transport safety in Europe.

in order to achieve these objectives, Council Directive 93 /65/EEC of 19 July on the definition and use of compatible technical specifications for the acquisition of equipment and systems for the purposes of the Directive has been adopted. air traffic management.

The Directive lays down the procedure for the European Commission to adopt and make binding the rules of the European Organisation for the Safety of Air Navigation (EUROCONTROL) which lay down the technical specifications of the equipment and air traffic management systems, in particular those set out in Annex I to the Directive, that is, at present, those relating to the communication, navigation and transport systems. monitoring, in such a way that the technical specifications declared mandatory by the Commission and whose reference is has been published in the Official Journal of the European Communities, whether or not by the competent civil authorities of the Member States in the field of air navigation in the general documents or in the specifications of the respective procurement contracts for air traffic management equipment and systems, in order to achieve full operational compatibility between all of them.

In Spain, the civil entity responsible for the acquisition of such equipment and systems is the public entity Spanish Airports and Air Navigation, created by Article 82 of Law 4/1990, of June 29, of General Budget of the State for 1990, the two paragraph of which assigns to it the powers relating to the installations and networks of aeronautical telecommunications systems, to aid for the navigation and control of the air traffic, without prejudice to the powers of the The Ministry of Defense grants the Royal Decree-Law 12/1978 of 27 April.

In order to implement this provision, the Statute of the public authorities of Spain and Air Navigation, approved by Royal Decree 905/1991 of 14 June, as amended by Royal Decree 1993/1996 of 6 September 1996, reiterates in its Article 11 (2) the allocation of those powers and assigns to its Board of Directors, in its Article 18 (n) and (o), the power to approve the general rules of employment and the general instructions and specifications for the construction of works, procurement, studies and services of the public body.

Consequently, this Royal Decree, under the development of Article 82 of Law 4/1990, of 29 June, is intended to incorporate Directive 93 /65/EEC into national law in order to supplement the provisions of that Directive. Article 1 of the Staff Regulations of the public authorities and of laying down the obligation to include in the general and private specifications of contracts for the purchase of equipment and systems for the management of air traffic, the technical specifications approved by the EUROCONTROL organisation to be adopted by the European Union on a compulsory basis.

In its virtue, on the proposal of the Minister of Development, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the day of January 10, 1997,

D I S P O N G O:

Article 1. Mandatory technical specifications.

The standards and technical specifications of the compatible equipment and systems for air traffic management approved by the European Organisation for the Safety of Air Navigation (EUROCONTROL) and its subsequent amendments, to which the European Commission confers binding status by appropriate Community rules, will be enforced in Spain once the reference to them has been published in the Official Journal of the European Communities. European ".

In particular, compliance with the technical standards and specifications, declared as such by the European Commission, which concern communication, surveillance, automated assistance systems for the European Union, will be mandatory. air traffic management and navigation.

Article 2. Definitions.

For the purposes of this Royal Decree, it is understood by:

1. Technical specification: Any technical requirements contained in the technical specifications of contracts, which define the characteristics required of a job, a material, a product or a supply and which enable them to be characterised objectively, in such a way that they fulfil the purposes and serve the uses for which they are intended by the acquiring institution. These technical requirements may include the quality, the performance, the safety, the dimensions and the requirements applicable to the material, the product or the supply as regards the quality assurance, the terminology, the symbols, the testing and testing methods, packaging, marking and labelling.

2. EUROCONTROL standard: The mandatory elements of the EUROCONTROL specifications relating to the physical characteristics, the configuration, the material, the performance, the staff or the procedures, the uniform application of which is considered essential for the implementation of an integrated air traffic system (ATS). These mandatory elements are those contained in the documents relating to the EUROCONTROL standard.

Article 3. Inclusion of technical specifications in contracts.

The public authorities of Spain and the Air Navigation, as a competent authority in the field of air navigation and air traffic, must include in the specifications general and particular technical requirements of each of the the purchase or supply of equipment and systems for the management of air traffic, the standards and technical specifications which are binding in accordance with the provisions of Article 1 of this Royal Decree.

Single additional disposition. Nature of the legislation adopted by the European standardisation bodies.

The standards and technical specifications approved by the European standardisation bodies at the request of the European Commission to supplement the technical specifications, which are declared to be binding, will have the a character expressly determined by the European Commission.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this Royal Decree.

Final disposition first. Faculty of development.

The Minister of Public Works is authorised to include other air traffic management equipment and systems other than those referred to in the second paragraph of Article 1, where this leads to compliance with Community rules.

The Minister of Public Works is also authorized to give the necessary provisions for the application of the provisions of this Royal Decree.

Final disposition second. Entry into force.

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

Dado en Madrid a 10 de enero de 1997.

JOHN CARLOS R.

The Minister of Development,

RAFAEL ARIAS-SALGADO MONTALVO