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Royal Decree 1167 / 1995 Of 7 July, On Regime's Use Of Aerodromes Used Jointly By An Air Base And An Airport And The Air Bases Open To Civil Traffic.

Original Language Title: Real Decreto 1167/1995, de 7 de julio, sobre régimen de uso de los aeródromos utilizados conjuntamente por una base aérea y un aeropuerto y de las bases aéreas abiertas al tráfico civil.

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TEXT

As of the Law of 2 November 1940, of regime and characteristics of aerodromes and airports, and for the first time in Spain its regime and classification, different military airfields were opened to civil traffic, The opening of the opening was regulated by the Decree of 12 July 1946, and the Ministry of Air was authorized to open others and to close the open if technical or aeronautical policy reasons advised. From this Decree, several orders opened and closed to civil air traffic or national airports.

By Order of 24 March 1961, a situation of fact constituted by the concurrency, at an aerodrome of joint use, of an air base and a national airport, is legally established, a figure introduced into the classification of aerodromes and airports in relation to civil traffic, but without specifying the aerodromes in which this circumstance is present.

The Royal Decree-Law 12/1978 of 27 April, which delimits the powers in the field of aviation between the Ministry of Defense and the then Ministry of Transport and Communications, today Ministry of Public Works, Transport and the environment, nor did it establish such a system, limiting itself to maintaining the military character of the air bases open to civil traffic and creating the figure of a delegate from the Ministry of Transport and Communications as responsible. in the above mentioned air bases for civil traffic in everything related to that traffic.

Finally, it should be noted that, when the public authority was set up, Spanish airports and air navigation (AENA), its statute, approved by Royal Decree 905/1991 of 14 June, assigns specific powers to it, inter alia, in the Joint use aerodromes and in the civil areas of the air bases open to civil traffic.

All this raises the inescapable need to regulate the use of military air bases and airfields open to civil traffic or to share their facilities with a civil airport, also establishing a classification as the one contained in Royal Decree 2878/1982, of October 15, has been expressly repealed by the approval of the statute of the public entity Spanish Airports and Air Navigation.

The provisions of this Royal Decree do not affect the property or the affectation of the elements of that nature to the various ministerial departments or to the competences of them.

In its virtue, on the joint proposal of the Ministers of Defense and Public Works, Transport and the Environment, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of July 7, 1995,

D I S P O N G O:

CHAPTER I

Generalities

Article 1.

1. Military air bases or airfields open to civil air traffic: Talavera la Real (Badajoz), Reus, Matacán (Salamanca), San Javier (Murcia) and Villanubla (Valladolid).

2. Are aerodromes used jointly by an air base or military airfield and an airport: Gran Canaria/Gando, Lanzarote, Tenerife North/Los Rodeos, Madrid/Cuatro Vientos, Malaga, Palma de Mallorca/Son San Juan, Santiago, Valencia/Manises and Zaragoza.

Article 2.

On air bases and military aerodromes not referred to in Article 1, civil aircraft operations shall not be permitted except in cases of emergency in flight, or when the Chief of Staff of the Army under the responsibility of the air base or military aerodrome authorizes its use for humanitarian or other exceptional purposes.

Article 3.

In the time of peace, military aircraft may use, in the fulfillment of the specific missions assigned to them and of the other assigned to them, any point of the national territory suitable for the reception of aircraft, being exempt from charges and public prices for the use of airport infrastructure. Article 4.

In situations of crisis or war, or when the Government agrees to the needs of the National Defense, civil public airports will lend support to military operations in accordance with the support plans. prepared by the National Committee for Civil Emergency Plans (Sectoral Air Transport Committee -CSTA-).

CHAPTER II

Air bases or military airfields open to civilian traffic

Article 5.

In the air bases or military airfields open to civil air traffic, your Chiefs will be the whole.

Article 6.

By the Ministries of Defense and Public Works, Transport and the Environment, general conditions will be established for all types of air bases or military airfields that are open to civil air traffic, preserving at all times the operation of the air bases or military airfields and the safety of aircraft in flight and on the ground.

Article 7.

If the Ministry of Public Works, Transport and Environment does not consider it necessary or advisable to continue to keep some of these air bases or military airfields open to civil air traffic, it will inform the Ministry of Public Works and Environment. with a minimum of three months ' notice of the planned total closing date, with a view to the gradual closure of the two ministries to civil traffic.

Article 8.

The Ministry of Defense will communicate to the Ministry of Public Works, Transport and the Environment and the public authorities Spanish Airports and Air Navigation (AENA), as far as possible, the temporary closure of the air base. or military aerodrome opened to civil air traffic for the purposes of National Defence or maintenance of the infrastructure of the facilities.

Article 9.

By the public authorities Spanish Airports and Air Navigation (AENA) a Delegate will be appointed and the necessary means will be provided for the coordination, exploitation, conservation and management of the civil zones, which will not alter the military nature of the whole package, and that it shall carry out its duties as regards the services in support of civil air traffic. That Delegate shall have the status of Director of the airport in the field of his powers.

Article 10.

The costs of any kind, caused in the air bases or military aerodromes open to the civil traffic for the use of facilities and service delivery by the military side to the civil air traffic, will be evaluated jointly by the Ministry of Defense and the Ministry of Public Works, Transport and the Environment (public body Spanish Airports and Air Navigation -AENA-), imputing to each part the respective costs according to keys of distribution fixed on the basis of the services received and the percentage weights of civil aircraft and military. Without prejudice to the foregoing, the compensation of expenditure may be effected through other compensatory mechanisms, preferably in the maintenance of military services and facilities for civil and military joint use.

CHAPTER III

Aerodromes used jointly by an air base or military airfield and an airport

Article 11.

In aerodromes used jointly by an air base or military aerodrome and an airport, the Head of the air base or military aerodrome and the Director of the airport shall exercise the command or direction of the respective areas military or civil society at present or, by joint resolution of the Ministry of Defense and the Ministry of Public Works, Transport and Environment, to establish themselves.

Article 12.

Civil or military aeronautical activity shall be carried out respectively under the authority of the Director of the airport or Head of the air base, depending on the area in which the activity is carried out. The coordination of air, civil and military traffic shall be established by common agreement between the Director of the airport and the Head of the air base or military aerodrome in such a way as to harmonise the necessary security, regularity, effectiveness and economy of the airport. civil air traffic with the operational and instructional needs of the military units.

Article 13.

Except in case of force majeure, entertainment and conservation activities that may affect civilian or military air traffic must be notified in advance in order not to cause unnecessary harm. the operation of military or civil aviation.

Article 14.

In the event that the air traffic volume of aircraft, civil or military, is expected to be significantly higher than usual, it will be reported in advance sufficient time for the other party, civilian or military, to the case, take the necessary measures to counteract the negative effects which may occur in their respective air traffic.

Article 15.

It will be up to the public authorities of Spanish airports and air navigation (AENA) to entertain the tracks and facilities of common use that have been assigned to them in the corresponding agreements of a patrimonial nature. Where the tracks or installations have been affected by the Ministry of Defence, the provisions of Article 10 of this Royal Decree shall apply.

To services that are necessary in relation to this entertainment, such as beacon, lighting, mechanical scanning, pavement preservation, or others of the same nature, the same criterion applies.

Article 16.

Airport Directors and Air Base Chiefs or Military Airfields will coordinate the services of mutual services and conditions in which they are provided. Where extraordinary expenses are incurred, which are not the normal costs of the operation of the aircraft, they shall be compensated by agreement between the Ministry of Defence and the public authorities of Spanish Airports and Air Navigation (AENA).

Article 17.

The necessary duly coordinated civil/military contingency plans shall be established for the rescue and relief missions of the aircraft in the aerodrome enclosure.

Article 18.

For the needs of the National Defense in situations of crisis or war, when the Government agrees, the Head of the air base or military airfield will be the whole and all the operations of the aircraft will be develop under their authority.

CHAPTER IV

Investments

Article 19.

The planning of new civil public airports and aerodromes, as well as the modifications that are required in the same or in their facilities, will be carried out in accordance with the provisions of Royal Decree-Law 12/1978.

Article 20.

The planning of investments in civil or military installations of aerodromes, used jointly by an air base or military airfield and an airport, will be respectively the competition of the public airport Spanish and Air Navigation (AENA) and the appropriate Ministry of Defense.

For each aerodrome used jointly by an air base or military aerodrome and an airport, a Director Plan shall be drawn up, which shall be the subject of a study and report by the Inter-Ministerial Defence and Public Works Commission, Transport and the Environment (CIDETRA), for coordinated implementation and joint resolution by the Ministers of Defence and Public Works, Transport and the Environment.

The works that are performed on each part and which affect the operability of the other will be the subject of study and report by the Inter-Ministerial Commission mentioned in the previous paragraph.

Article 21.

The planning of investments in civilian installations in the air bases or military airfields open to civil air traffic will be the responsibility of the public authorities Spanish Airports and Air Navigation (AENA), although the The planning and the actual program of implementation should be the subject of study and report by the Inter-Ministerial Committee of Defense and Public Works, Transport and Environment (CIDETRA) for their coordinated application and joint resolution Ministers of Defence and Public Works, Transport and the Environment. However, the material implementation of the programme will be carried out by the public authorities in Spain and Air Navigation (AENA), in line with their budgetary needs and availability.

Article 22.

The planning of military investments in the air bases or military airfields open to civilian air traffic will be the responsibility of the Ministry of Defense. The actual implementation programme must be communicated to the Ministry of Public Works, Transport and the Environment, as well as to the public authorities of Spain and Air Navigation (AENA), as far as possible, when it may affect the operations of civil aircraft.

Article 23.

The planning of investments that are necessary to maintain the activity of both aviations, in the air bases or military airfields open to the civil traffic, will be carried out jointly and elevated for study and report to CIDETRA to the purpose of its coordinated implementation and joint resolution by the Ministers of Defense and Public Works, Transport and Environment, agreeing on the economic participation of each party in the material execution according to the specific need for investment and for budgetary availability.

Single repeal provision.

The Order of 24 March 1961 ("Official Air Bulletin" number 40 of 4 April) is hereby repealed, classifying the military airports and aerodromes used by civil traffic, except for Article 11 of the in force. All provisions of the same and lower rank that are contrary to the provisions of this Royal Decree shall also be repealed.

First disposition first.

By the Ministers of Defense and Public Works, Transport and the Environment will dictate how many provisions are necessary for the development and implementation of this Royal Decree.

Final disposition second.

The ministers are also empowered to amend by joint order, discussed and prepared within CIDETRA, the relationship and classification contained in Article 1 of this Royal Decree.

Third end disposition.

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

Given in Madrid to July 7, 1995.

JOHN CARLOS R.

The Minister of the Presidency,

ALFREDO PEREZ RUBALCABA