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Order Of 28 October 1991 By Which Determines The Date Of The Commencement Of The Provision Of Services By The Public Entity Aeropuertos Españoles Y Navegación Aérea (Aena).

Original Language Title: Orden de 28 de octubre de 1991 por la que se determina la fecha del comienzo de la prestación de sus servicios por el Ente Público Aeropuertos Españoles y Navegación Aérea (AENA).

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IN COMPLIANCE WITH THE PROVISIONS OF ARTICLE 82 OF LAW 4/1990, OF JUNE 29, OF GENERAL BUDGETS OF THE STATE FOR 1990, BY ROYAL DECREE 905/1991 OF 14 JUNE, THE EFFECTIVE CONSTITUTION OF THE PUBLIC BODY TOOK PLACE SPANISH AIRPORTS AND AIR NAVIGATION (AENA).

THIS CONSTITUTION DID NOT ENTAIL THE IMMEDIATE PROVISION BY THE BODY OF THE SERVICES WHICH THE ABOVE RULES CONFER ON IT, WITH THE COMPLETION OF SUCH A PROVISION BEING DELAYED, IN THE LIGHT OF THE ADDITIONAL PROVISIONS. FIRST AND THIRD OF THE ROYAL DECREE, TO HIS LATER DETERMINATION BY THE MINISTER OF PUBLIC WORKS AND TRANSPORT.

WITH DATE 21 OF THE CURRENTS HAS BEEN PUBLISHED THE ROYAL DECREE 1508/1991, OF 11 OCTOBER, FOR WHICH THE EXERCISE OF THE RIGHT OF CHOICE IS REGULATED BY THE OFFICIALS AFFECTED BY THE PRODUCED TRANSFORMATION, ENABLING WITH THIS TRANSFER TO THE STAFF NECESSARY FOR THE COMMENCEMENT OF THE PROVISION OF THE SERVICES ATTRIBUTED TO IT, AND, IN AN IMMEDIATE MANNER, THOSE OF AN AIRPORT NATURE, SINCE THAT IS SUBROGATED IN ALL THE RIGHTS AND OBLIGATIONS OF THE AUTONOMOUS AGENCY NATIONAL AIRPORTS.

ON THE CONTRARY, THE ASSUMPTION OF THE FUNCTIONS ATTRIBUTED TO IT IN THE FIELD OF AIR NAVIGATION IS CONDITIONAL ON THE ADOPTION BY THE GOVERNMENT OF THE NECESSARY PROVISIONS FOR THE RESTRUCTURING OF THE GENERAL MANAGEMENT OF THE CIVIL AVIATION, AND DELAYED, IN ANY EVENT, TO 1 JANUARY 1992, IN ORDER TO MINIMISE INTERFERENCE IN THE PROCESS OF BUDGETARY IMPLEMENTATION AND TO FACILITATE ADJUSTMENTS AND THE ALLOCATION TO THE NEW ENTITY OF THE OBLIGATIONS RECOGNISED BY THE CITED GENERAL DIRECTORATE.

IN ITS VIRTUE, AND IN ACCORDANCE WITH THE ABOVE PROVISIONS, I HAVE:

ARTICLE 1. 1. THE PUBLIC AUTHORITIES OF SPAIN AND AIR NAVIGATION (AENA) WILL INITIATE THE PROVISION OF SERVICES WHICH, IN RELATION TO SPANISH AIRPORTS, CURRENTLY HOLDS THE AUTONOMOUS BODY AIRPORTS AT NATIONAL LEVEL, FROM 2 NOVEMBER YEAR-OLD.

2. THE EXTINCTION OF THE AUTONOMOUS BODY AIRPORTS AT NATIONAL LEVEL, WITHIN THE MEANING OF THE SECOND SUBPARAGRAPH OF ARTICLE 82 (3) OF THE LAW 4/1990, OF 29 JUNE, AND IN THE SECOND PROVISION OF ROYAL DECREE 905/1991, OF 14 DECEMBER 1991 JUNE, SHALL TAKE PLACE ON THE DATE REFERRED TO IN THE PREVIOUS PARAGRAPH, THE PUBLIC BODY BEING SUBROGATED IN ALL ITS RIGHTS AND OBLIGATIONS FROM THAT DATE.

ART. 2.

1. THE PROVISION OF SERVICES WHICH, IN THE FIELD OF AIR NAVIGATION, IS ATTRIBUTED TO THE PUBLIC AUTHORITY BY ARTICLE 82 OF LAW 4/1990 OF 29 JUNE 1990 AND ROYAL DECREE 905/1991 OF 14 JUNE 1992 WILL BE INITIATED ON 1 JANUARY 1992.

2. BY WAY OF DEROGATION FROM THE ABOVE PARAGRAPH, THE PROVISION OF AIR NAVIGATION SERVICES SHALL BE SUBJECT TO THE PRIOR RESTRUCTURING BY THE GOVERNMENT OF THE GENERAL DIRECTORATE OF CIVIL AVIATION, AS PROVIDED FOR IN THE ADDITIONAL PROVISION THIRD OF ROYAL DECREE 905/1991 CITED. OTHERWISE THE COMMENCEMENT OF THE PROVISION OF SUCH SERVICES SHALL TAKE PLACE AT THE TIME OF ENTRY INTO FORCE OF THE PROVISIONS TO BE ADOPTED.

3. AT THAT TIME, THE PUBLIC ENTITY SHALL BE SUBROGATED TO THE RIGHTS AND OBLIGATIONS OF THE UNITS WHOSE SERVICES IT ASSUMES.

ART. 3. 1. THE STAFF OF THE AUTONOMOUS AGENCY ' S NATIONAL AIRPORTS, AS WELL AS THAT OF THE MINISTRY OF PUBLIC WORKS AND TRANSPORT WHICH IS PROVIDING ITS SERVICES IN THE UNITS WHOSE FUNCTIONS IT ASSUMES, WILL BE INTEGRATED IN THE ABOVEMENTIONED WHICH ARE DETERMINED IN THE TWO PRECEDING ARTICLES.

2. THE INTEGRATION OF THE OFFICIAL STAFF OF THE MINISTRY OF PUBLIC WORKS AND TRANSPORT AND OF THE AUTONOMOUS BODY AIRPORTS AFFECTED BY THE TRANSFER OF FUNCTIONS TO THE PUBLIC BODY WILL TAKE PLACE IN ACCORDANCE WITH THE PROVISIONS OF THE ROYAL DECREE. 1508/1991 OF 11 OCTOBER.

ART. 4. 1. PUBLIC DOMAIN GOODS AFFECTED BY THE AUTONOMOUS AGENCY NATIONAL AIRPORTS SHALL BE ASSIGNED TO THE PUBLIC BODY IN ACCORDANCE WITH THE DATE SET OUT IN ARTICLE 1. OF THIS ORDER.

2.

THE ASSETS OF PUBLIC DOMAIN AFFECTED BY THE MINISTRY OF PUBLIC WORKS AND TRANSPORT REFERRED TO IN ARTICLE 82 (5) OF LAW 4/1990, OF 29 JUNE, SHALL BE ASSIGNED TO THE PUBLIC AUTHORITY ON THE DATE OF THE PUBLICATION. DETERMINES IN ARTICLE 2. OF THIS ORDER.

ART.

5. PENDING THE APPLICATION OF ARTICLE 26 OF LAW 8/1989 OF 13 APRIL 1989 ON THE FIXING OF THE PUBLIC PRICES TO BE COLLECTED BY THE PUBLIC AUTHORITIES, THE PUBLIC AUTHORITIES WILL CONTINUE TO RECEIVE, UNDER THE SAME CONDITIONS, THOSE WHICH ARE CURRENTLY SUBJECT TO THE SAME CONDITIONS. THEY SATISFY THE AUTONOMOUS BODY AT NATIONAL AIRPORTS, PURSUANT TO THE DECISION OF THE DIRECTORATE-GENERAL OF THAT BODY OF 15 JULY 1991.

ART. 6. THIS ORDER WILL ENTER INTO FORCE ON THE DAY OF YOUR POST IN THE .

MADRID, OCTOBER 28, 1991.

BORRELL FONTELLES