The Government approves the new statutes of the State Aviation Safety Agency and the manager Enaire


  • A Royal Decree adapts the functions and competence of both entities to the regulatory framework of the Single European Sky.
  • AESA assumes competence as a substantive body for airspace design, environmental assessment of airport projects, inspection and sanction of noise obligations and emissions trading.

Tuesday, March 7, 2023

 

Madrid, 7 March 2023 (AESA)

The Council of Ministers, at its meeting today and on the proposal of the Ministries of Finance and Civil Service and Transport, Mobility and Urban Agenda (Mitma), approved by Royal Decree the amendment of the Statute of the State Aviation Safety Agency (AESA) and the new Statute of the public business entity Enaire, national air navigation manager.

The development of the Single European Sky regulatory framework has led to major changes for air navigation service providers, which are currently subject to certification by the national supervisory authority of each Member State, in accordance with requirements set at European level. In the case of air traffic services, they are also subject to designation under exclusivity regime within specific airspace blocks.

In the case of Eneire, the new Statute entails an adaptation of the functions and competences after more than twenty-five years since the establishment of the entity.

Law 18/2014, of 15 October, amended the name of the public business entity, which is renamed Enaire, and confirmed that it will continue to exercise the competences it currently holds in the field of navigation and airspace and, in addition, the national and international operational coordination of the national traffic management network and others related to the uses for the efficient management of airspace, taking into account the needs of users.

For all the above, it has been necessary to approve a new Statute of the public entity Enaire, adapting it to its current functions and competences, as well as to the applicable European Union regulations. It has also been necessary to amend the EASA Statute, which goes on to assume new functions.

Application of European legislation

The new Statute of Enaire puts an end to the airport functions that were performed in accordance with Law 18/2014 of 15 October 2014. It also puts an end to other substantive body functions (with decision-making capacity) in airspace design which, consistent with the European standard, should not continue to serve as an air navigation service provider.

These powers are attributed to the State Aviation Safety Agency (AESA), which also assumes the functions of substantive body for the environmental assessment of airport projects, given its general competence over this type of infrastructure.

Amendment of the Statute of EASA

The Royal Decree thus modifies the current Statute of EASA and, in addition to the new functions indicated above, specifies its status as a competent authority for the introduction of operating restrictions related to noise in the terms established in the European Union regulations.

It also specifies its competence in civil airports with competence of the General Administration of the State for the supervision, inspection and sanction of the obligations arising from Law 37/2003, of 17 November, on Noise, assuming in addition the status of substantive body with respect to the projects related to these airports.

In addition, the amendment to the EASA Statute expressly confers on the Agency the functions of the Ministry of Transport, Mobility and Urban Agenda in the field of greenhouse gas emission allowance trading in civil aviation.

About AESA 

is the State body, attached to the Secretary of State for Transport of the Ministry of Transport, Mobility and Urban Agenda, which ensures that civil aviation regulations are complied with throughout the aeronautical activity of Spain.

The Agency has the tasks of supervision, inspection and management of air transport, air navigation and airport security. It assesses the risks in transport safety and has the power to sanction infringements of civil aviation rules.

AESA works to ensure that safety standards in air transport are met in Spain, to promote the development, establishment and application of national and international aviation safety and passenger safety legislation.

In addition, it is responsible for promoting and implementing the safety culture in the sector and protecting the rights of users and professionals, with the aim of achieving safe, effective, efficient, quality, environmentally friendly, accessible and fluid air transport.

About Enaire

Enaire is the national air navigation manager in Spain. As a company of the Ministry of Transport, Mobility and Urban Agenda, it provides en route control of all flights and overflights through five control centers in Madrid, Barcelona, Seville, Gran Canaria and Palma, as well as the approaches to all airports in the country.

In addition, 45 air control towers receive the communication, navigation and surveillance services of Enaire and 21 airports have their aerodrome control services, including those with the highest traffic in the country.

ENAIRE is the fourth European air traffic manager and participates in the A6 Alliance, coalition for the modernisation of the air traffic management system of air navigation providers responsible for more than 80 % of European air traffic. He is also a member of other international alliances for the promotion of the Single European Sky such as SESAR Joint Undertaking, SESAR Deployment Manager, iTEC, CANSO and ICAO.

ENAIRE, as responsible agent identified by Mitma for the implementation in Spain of the U-space system, through its digital platform, will provide common information services (CISP), essential for the provision of U-space services to drones and Urban Air Mobility in interaction with local air traffic services and that will allow the safe coexistence of all types of aircraft.

ENAIRE has obtained the highest ranking in the EU-wide key performance indicator for aviation safety. In addition, it has the EFQM 500 Seal for its safe, efficient, innovative and sustainable management of air navigation services.

Room of the ENAIRE Control Center in Seville