Article 10 (2) of Royal Decree-Law 17/1977 of 4 March 1977 states that, in situations of strike affecting any kind of public service or of recognised and unpostponed need, the authority gubernativa may agree on the measures necessary to ensure the functioning of these measures, and the Government may adopt appropriate intervention measures for such purposes.

The Ministry of Public Works and Urbanism is responsible for the provision of services that affect "constitutionally protected rights and goods," because they refer to the free movement in conditions of security, persons and goods essential for the life of the Community, the physical integrity of the persons and the conditions of health of the waters, services whose maintenance must be ensured, even in situations of strike, in accordance with the provisions of the Article 28, 2 of the Constitution.

In its virtue, on the proposal of the Minister of Public Works and Urbanism and after deliberation of the Council of Ministers at its meeting on 9 December 1988,

DISPONGO:

Article 1. º

The striking situations affecting the official staff and others subject to an administrative, as well as the employment relationship, which provides services in the Ministry of Public Works and Urbanism and in the Autonomous Bodies and Public Enterprises of the dependents, shall be deemed to be conditional on the maintenance of the essential services.

Art. 2. º

For the purposes of the preceding article, the following essential services shall be considered as essential services:

(a) In terms of ports and coasts.

The surveillance, control, and security necessary to prevent theft or casualty, keeping port access open.

Those that are necessary to ensure the normal development of the traffic of passengers from ria, interisland, and the peninsula with Ceuta and Melilla and with the Balearic Islands and the Canary Islands.

Those necessary to ensure the normal development of operations involving perishable goods, or dangerous goods, the permanence of which in the port may pose a serious risk to persons or persons facilities, including supplies of fuel and water to ships carrying them.

Those that are necessary to guarantee the entry and exit of ships to the port, especially those of locks and maritime signage.

Attention to emergency or casualty situations on ships or goods.

Services necessary to ensure the operation of the network of optical, radiated and Decca Chain signals, dependent on this Ministry, for the aid of maritime navigation.

b) In the field of hydraulic works.

The hydrology services necessary to guarantee the forecast of avenues or other situations of risk, as well as the exploitation of dams and water-conduction infrastructure, to guarantee their safety and the continuity of supply.

In the Commonwealth of the Taibilla Channels, in addition to the provisions of the previous paragraph, the water treatment stations and control services of the levels of chlorination of the same.

c) In the field of roads.

Services necessary to ensure the maintenance of roads on the state network under conditions due to road traffic safety, both in normal and extraordinary circumstances.

Tele-Route Service.

Services necessary to maintain the provision of the public service, through the use of the road facilities of the motorways uninterruptedly, as set out in the terms of the administrative concession.

d) In matters of the competence of the National Geographic Institute.

Maintenance and exploitation of the National Seismic Network in the Data Reception Center of Madrid, the Geophysical Observatory of Toledo and the Geophysical Centers of the Canary Islands (Tenerife) and Galicia (Santiago de Compostela).

Art. 3. º

1. The Minister of Public Works and Urbanism, or the representation of the Central Trade Union Central Banks, shall determine the specific activities and personnel deemed strictly necessary for the provision of the indicated essential services.

2. The Presidents or Directors of Autonomous Bodies and those of Public Enterprises, which are dependent on the Department itself, may establish the means necessary to complete and manage technical and functionally the rules that guarantee maintenance. of essential services.

3. Government Delegates and Civil Governors shall ensure, in their respective territorial areas, the rigorous compliance with the rules to be established to ensure the provision of essential services.

Also, in emergency situations, you can determine the levels of delivery of such services.

Art. 4. º

Failure to comply with the obligation to attend essential services shall be sanctioned in accordance with the provisions of Article 31.1 (l) of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service, and in Article 16, in relation to the 10, of Royal Decree-Law 17/1977 of 4 March, and with the 54 of Law 8/1980 of March 10, of the Staff Regulations, as official and other staff of administrative, or personnel job, respectively.

Art. 5. º

The provisions of the foregoing articles will not imply any limitation of the rights that the regulatory regulations of the strike will recognize to the staff in this situation, nor in respect of the processing and effects of the requests that motivate it.

REPEAL PROVISION

Royal Decree 1554/1982 of 18 June 1982 on guarantees for the provision of public service in the National Highways of Peaje and Royal Decree 755/1983 of 13 April 1983 laying down rules for the ensure the provision of minimum services at ports.

FINAL DISPOSITION

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

Given in Madrid to December 9, 1988.

JOHN CARLOS R.

The Minister of Public Works and Urbanism,

JAVIER LUIS SAENZ COSCULLUELA