Law 4/1990, of 29 June, of the General Budget of the State for 1990, in its article 82, created the Ente published Spanish Airports and Air Navigation, attached to the Ministry of Transport, Tourism and Communications. The fourth paragraph of the aforementioned article provides that the staff of the Ente shall be governed by the rules of employment or private law applicable to you.

To that effect, Article 82 (3) provides that the officials of the Autonomous Body of the Spanish Airports and the units of the Directorates-General for Civil Aviation and Infrastructure of the Transport which is affected by the transfer of functions may, during the period of time which it is determined to determine, be eligible for integration into the staff working staff of the Ente, with recognition, in any case, of seniority corresponds to them, remaining in their bodies of origin in the situation of voluntary leave provided for in Article 29. 3. (a) of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service.

By Royal Decree 1081/1990 of 31 August, amending in part the basic organic structure of the Ministry of Transport, Tourism and Communications, the General Subdirectorate of Air Transport Infrastructure, which was dependent on the Directorate-General for Transport Infrastructure, and whose officials were affected by the creation of the public Ente as provided for in Article 82, 4, 3 of Law 4/1990, is extinguished and its functions and powers are assumed by the Autonomous Body Airports.

This Royal Decree articulates the exercise of the right of choice by the officials concerned by the subscription, where appropriate, of the corresponding employment contract, the effectiveness of which will be determined by the date of (a) initiating the provision of services by the Ente, in accordance with the provisions of the first provision of Royal Decree 905/1991 of 14 June 1991 establishing the Staff Regulations, subject to that date, those who subscribe to the Staff Regulations before it, and it has had full effects since its signature which will be formalized later . As soon as the contracts referred to above are effective, the officials who have opted for their integration into the Ente shall be subject to the situation of voluntary leave as provided for in Article 29. 3. (a) of Law 30/1984, of 2 August, of Measures for the Reform of the Civil Service, maintaining until then their respective civil situations,

In its virtue, on the proposal of the Minister of Public Works and Transport, prior to the favorable report of the Superior Commission of Personnel, with the approval of the Minister for the Public Administrations, according to the Council of State and prior deliberation of the Council of Ministers at its meeting on 11 October 1991,

DISPONGO:

Article 1. º

1. This Royal Decree will be applicable to the officials currently assigned to the Autonomous Body Airports National and in the units dependent of the Directorate General of Civil Aviation of the Ministry of Public Works and Transport, affected by the transfer of functions to the Ente Public Airports Spanish and Air Navigation, in accordance with the provisions of Article 82, fourth, paragraph 3 of Law 4/1990 of 29 June of the General Budget of the State for 1990.

2. The units of the Directorate General of Civil Aviation referred to in the previous paragraph are:

a) General Subdirection of Facilities and Maintenance.

(b) Central Services of the General Air Traffic Subdirectorate, except the Incident Investigation Commission.

c) General Manager Support Unit Management Accounting Section.

d) Air traffic control dependencies.

(e) Peripheral services of the Directorate General of Civil Aviation at airports and air bases, with the exception of the Flight Safety Delegations and the Air Transport Company Inspector jobs.

(f) The units responsible for the management, control and coordination of schedules attached to the General Subdirectorate for the Operation of Air Transport.

3. They may also exercise the right of option referred to in this Royal Decree, those officials of the Directorate General of Civil Aviation who are carrying out work in the Training Center of that Directorate General and in the Spanish delegations at ICAO and Eurocontrol.

Art. 2. º

The officials concerned may exercise the right of option referred to in Article 82, four, 3, within two months of the entry into force of this Royal Decree.

Art. 3. º

1. The officials who, within the scope of this Royal Decree, choose to integrate into the workforce of the Ente Public Airports Spanish and Air Navigation, will do so by signing an individual employment contract, which It shall be provided by the public and linked to it by an employment relationship subject to labour law.

2. The individual work contract referred to in the preceding paragraph, which shall not be subject to any period of proof, shall be for an indefinite and fixed term, and shall be entered into within the period laid down in the preceding Article.

3. Such a contract shall have all its effects, including economic effects, from the date on which the Ente initiates the provision of services, as provided for in the first provision of Royal Decree 905/1991 of 14 June 1991, for which The Statute of the Public Ente Airports Spanish and Air Navigation is approved, if it is signed before that date, or from the moment of its signature if it has been subsequently held, and will collect in its clauses an economic remuneration that shall be equal, at least, to the sum of the basic remuneration and the specific and specific allowances that the official came to perceive until then.

Art. 4. º

1. Officials who choose to join the Public Ente Public Airports and Air Navigation will be recognized for the age that corresponds to all the effects.

2. For economic purposes, the recognition of seniority shall be established, within the basic remuneration, in the contract of employment with the name 'Personal Remuneration' and the amount of which shall be equal to the amount which (a) in the case of recognised trienes, increased in the amount provided for by the effective time of the services provided in excess of the last three years expired.

3. For the purposes of calculating the pensions which may be caused by those who opt for their integration into the public Ente, the provisions of Royal Decree 691/1991 of 12 April 1991 on the reciprocal calculation of quotas between security schemes Social.

4. The seniority in the statutory relationship of the official who opts for his integration into the public Ente shall be taken into account for the purposes of the professional promotion in that Ente, in the form determined in the Collective Agreement. All this, regardless of the assessment that is attributed to the professional promotion system of the Ente to the age in the system through the employment relationship regime.

Art. 5. º

The official who chooses to join the staff working staff of the public Ente will be recognized for all the effects, for this one, the seniority that the quoted official would have recognized, according to the provisions of the Law 70/1978 of 26 December on the recognition of prior services in Public Administration.

Art. 6. º

1. The official who, in the exercise of the right of option referred to above, decides to join the workforce of the public Ente, shall remain in his/her Body or Scale of origin in the situation of voluntary leave as regulated in Article 29. 3. (a) of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service.

2. This situation shall be initiated on the date referred to in Article 3 (3) and shall continue as long as the relationship of services which gave rise to it is maintained.

Art. 7. º

1. In the event of termination of the employment relationship with respect to the public Ente, whatever the cause of the work, the official shall request the return to the active service within the maximum period of 30 days, stating that the doing so, in the situation of voluntary leave of absence of particular interest as referred to in Article 29. 3. (c) of that Law 30/1984.

2. Such re-entry shall be effected by the allocation of an interim destination, in accordance with the legislation in force.

Art. 8. º

1. The officials who, being included within the scope of this Royal Decree, choose not to be integrated into the workforce staff of the public Ente, will cease in their jobs, being made available to the Undersecretary of the Ministry of Public Works and Transport, provisionally attribute to them a job corresponding to their titration group and range of levels by the competent body in this respect, in accordance with the provisions of Article 21. 2. (b) of Law 30/1984.

2. To this end, the Secretariat of the Ministry of Public Works and Transport will draw up the list of vacant posts for those officials who choose to remain in the Civil Service, which will be available to the aforementioned officials before the end of the period of exercise of the right of choice referred to in this Royal Decree.

3. The places to be offered must respect the place of residence of the official, unless the fulfilment of such a condition is possible due to the absence of organizational structures.

4. The Ministry of Public Works and Transport will issue to the Executive Committee of the Inter-Ministerial Commission on Remuneration (CECIR) proposals to the solution of those exceptional cases in which it cannot be allocated. (a) post to officials who choose to continue on active duty in the State Administration.

Art. 9. º

1. In accordance with the provisions of Royal Decree 28/1990 of 15 January 1990, the General Regulation of the Provision of Jobs and Professional Promotion of Civil Servants of the Civil Servants of the State Administration is hereby approved. Article 27 (2), officials who choose not to join the Public Ente shall continue to receive, as long as they are assigned another post and for a maximum period of three months, the additional remuneration corresponding to the post from provenance.

2. Once a new post has been filled, the additional remuneration shall be the same as that given, except for the supplement to the destination which shall be at least that which corresponds to its consolidated personal grade, in accordance with Article 21. 2. (a) of that Law 30/1984.

TRANSIENT PROVISIONS

First.

The official staff who have not opted for their integration into the public Ente before the latter has initiated the provision of their services will continue to provide the administrative support that is demanded of him, until the period of two months referred to in Article 2 (2) takes place in such a way that the start of the activities of the Ente does not affect the continuity of the services entrusted to it. On the expiry of that period, the forecasts contained in Article 8. of this Royal Decree shall be carried out.

Second.

1. The right of choice referred to in Article 1 of this Royal Decree may also be exercised by those officials who, at the time of the commencement of the period for the exercise of that right, are in one of the situations following:

(a) Those who are in the situation of special services and have reserved a job affected by the transfer of functions.

(b) Officials in practice who are in the course of training or further training at the Training Centre of the Directorate-General for Civil Aviation.

These officials will have one month to exercise the right of choice, counted from the first day of the month following that in which they formally reach the status of career officials.

2. Similarly, the provisions of paragraph (b) above shall apply to those who are in the process of carrying out the selective tests, already called, for access to the Special Bodies of the Air Traffic Controllers, of Technicians Specialists in Aeronautical Telecommunications and Technical Aeronautics, once surpassed, in their case, the same and reached the condition of career officials.

3. Similarly, officials who are on a voluntary leave of absence, whose last active destination is in units or jobs which have been affected by the establishment of the public Ente, as provided for in Article 1 (2) and (3), or in those who were equivalent in their day, they may exercise the right of choice within the same time limit as provided for in Article 2, subject to the effectiveness of the contract to the date on which, after two years in excess and requesting return to the active service, must obtain new destination.

FINAL 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 on October 11, 1991.

JOHN CARLOS R.

The Minister of Public Works and Transport,

JOSÉ BORRELL FONTELLES