The Government approves the new articles of association of the Spanish Aviation Safety and Security Agency and the air navigation manager ENAIRE
At its meeting today, the Council of Ministers, at the proposal of the Ministry of Finance and Public Administration and the Ministry of Transport, Mobility and Urban Agenda (Mitma), approved by Royal Decree the amendment of the Articles of Association of the State Aviation Safety Agency (AESA) and the new Articles of Association of the national air navigation manager and public business entity ENAIRE.
A Royal Decree brings the functions and responsibilities of both entities in line with the regulatory framework of the Single European Sky.
The development of the Single European Sky regulatory framework has entailed significant changes for air navigation service providers, which are now subject to certification by the national supervisory authority of each Member State in accordance with EU-wide requirements. Air traffic services are also subject to exclusive designation within specific airspace blocks.
For ENAIRE, the new Articles of Association require adapting functions and responsibilities more than 25 years after the company's foundation.
Law 18/2014, of 15 October, modified the corporate name of the public business entity, which is now referred to as ENAIRE, and confirmed that it would continue to exercise its current powers in the field of navigation and airspace, in addition to the national and international operational coordination of the national traffic management network and other tasks related to the efficient management of airspace based on the needs of airspace users.
As a result, it was necessary to approve new Articles of Association for the public entity ENAIRE, bringing them into line with its current functions and responsibilities and with current European Union regulations. Similarly, AESA's Articles of Association also had to be amended due to taking on new functions.
Application of European regulations
ENAIRE's new Articles of Association put an end to the airport functions it performed under Law 18/2014, of 15 October. They also remove other functions as a decision-making body in the design of airspace, which, in accordance with the European standard, should no longer be exercised as an air navigation service provider.
These powers are entrusted to the Spanish Aviation Safety and Security Agency (AESA), which also takes on the functions of a decision-making body for the environmental assessment of airport projects, given its general powers in relation to this type of infrastructure.
Amendment of AESA' Articles of Association
The Royal Decree thus modifies AESA's existing Articles of Association and, in addition to its new functions outlined above, defines its status as the competent authority for implementing noise-related operating restrictions in accordance with the provisions of EU regulations.
It also clarifies its powers in civil airports under the jurisdiction of the General State Administration for the supervision, inspection and sanctioning of the obligations derived from Law 37/2003, of 17 November, on Noise, in addition to assuming the status of a decision-making body for projects related to these airports.
Furthermore, the amendment of AESA's Articles of Association expressly entrusts the agency with the functions corresponding to the Ministry of Transport, Mobility and the Urban Agenda regarding greenhouse gas emission allowance trading in civil aviation.
AESA is the State body, attached to the Secretariat of State for Transport of the Ministry of Transport, Mobility and the Urban Agenda, responsible for ensuring compliance with civil aviation regulations in all aeronautical activities in Spain.
The agency is responsible for supervising, inspecting and managing air transport, air navigation and airport safety. It assesses transport safety risks and has the power to issue penalties for breaches of civil aviation regulations.
AESA strives to ensure compliance with air transport safety standards in Spain and promote the development, establishment and application of national and international aeronautical legislation on air safety and passenger protection.
It is also responsible for promoting and implementing a culture of safety in the sector and protecting the rights of users and professionals with a view to making air transport safe, effective, efficient, high-quality, environmentally friendly, accessible and smooth.
ENAIRE is the air navigation service provider in Spain. As a company of the Ministry of Transport, Mobility and the Urban Agenda, it provides en route control services for all flights and overflights from five control centres in Madrid, Barcelona, Seville, Gran Canaria and Palma, as well as approach services to every airport in the country.
In addition, 45 control towers receive ENAIRE's communication, navigation and surveillance services, and 21 airports, including the country's busiest, rely on its aerodrome control services.
ENAIRE is Europe's fourth largest air traffic manager and participates in the A6 Alliance, a coalition of air navigation providers responsible for over 80% of European air traffic, seeking to modernise the air traffic management system. It is also a member of other international alliances promoting the Single European sky, such as SESAR Joint Undertaking, SESAR Deployment Manager, iTEC, CANSO and ICAO.
ENAIRE, as the agency designated by the Ministry of Transport, Mobility and Urban Agenda (Mitma) to implement the U-space system in Spain, will, through its digital platform, provide the Common Information Services (CIS), which are essential to facilitate U-space services to drones and Urban Air Mobility in cooperation with local air traffic services, so that all types of aircraft can fly safely in the same airspace.
ENAIRE has received the highest score in Europe on the aviation safety key performance indicator. It has also been awarded the EFQM 500 Seal for its safe, efficient, innovative and sustainable management of air navigation services.