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Council of Ministers

The Government regulates air traffic control services

05 February 2010

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The Council of Ministers has approved a Royal Decree-Law regulating the provision of air traffic services, establishing the obligations of civil providers of these services and setting certain employment conditions for civil controllers.

The Minister for Public Works, José Blanco, explained the details of the Royal Decree-Law in the press conference following the Cabinet meeting. The objective is to guarantee the continuity and sustainability of air traffic and to reduce the costs of air traffic in Spain.

José Blanco emphasised that the regulation was approved this morning by His Majesty the King and published in the Extraordinary Edition of BOE [the Official State Gazette], and is therefore now in force.

According to the Minister, the Government decided to approve this Royal Decree-Law so as to guarantee that air traffic control services are provided under conditions of continuity and efficiency, and so that their financial costs can be met and are compatible with Spain's economic circumstances, stating that at the present time, none of these circumstances are guaranteed. Furthermore, he said, it is impossible at this moment to resolve the situation through an agreement between the state-owned company AENA and the air traffic controllers, who are government employees.

Mr. Blanco reiterated that the current Controllers agreement with AENA expired on 31 December 2004 and since then it has been absolutely impossible to reach a new agreement, despite 65 bargaining meetings having been held and AENA having submitted more than 10 proposals.

He stated that the Air Traffic Controllers Union has submitted a final proposal "that will not only not resolve any of the problems, but will aggravate them", since it will increase salary costs and further reinforce everything that places the continuity and efficiency of the service at risk.

"It is intolerable that a public company should be paying millionaire's salaries to its employees whilst the Government demands austerity from the rest of Spaniards", he added.

The Minister stressed that the costs of air traffic in Spain are much higher than in any other European country, and the basic reason is the enormous difference between the air traffic controllers' pay in our country and in the rest of Europe. If the demands of the Controllers are accepted, he assured, the costs would be 70% higher in 2012 than in the majority of European countries.

In the opinion of the Minister for Public Works, Spain cannot allow this: "We cannot continue to pay for a public service that costs almost double what the rest of Europe is paying. It is not compatible with economic rationality, with the situation of our economy and with a basic feeling of caution over salaries that must prevail in the public sector".

Problems and solutions

He indicated that the root of this problem lies in the working day that the controllers enjoy: one in each three hours of their work is considered as overtime, for which they are paid at three times the basic rate.

He stressed that "if all workers in our country were paid three times the rate for one in three hours of work, there would not be one single company that could withstand it". And yet this is what happens with our air traffic control service.

Mr. José Blanco stated that the regulation approved today provides for an ordinary working day for the controllers under the same conditions as their European counterparts, and limits the number of overtime hours allowed by the Workers Statute.

The second problem is related to the management and organisation of the public service of air traffic control.

According to the Law, this has to be the responsibility of AENA, but in reality this is not the case. He said that currently it is the controllers themselves who exercise the legal authority to manage and organise this public service, according to their own criteria and to suit themselves.

The Royal Decree-Law returns the responsibility for organising and managing to the company providing the service. Furthermore, it eliminates the "incomprehensible privilege" of the controllers who can retire at age 52 and still collect their full salary.

Furthermore, to avoid the inflexibility in the management of the service, the Royal Decree-Law opens up the possibility that control operations for take-offs and landings at airports with a very low volume of traffic can be made through the Aerodrome Flight Information Service, AFIS. "This is far more efficient economically and equally safe", according to the Minister.

The regulation also opens up the possibility that the provision of air traffic services can be carried out by operators other than AENA, while maintaining it as a public service. José Blanco reiterated that "the State will continue to be the service owner, even though there may be more than one operating company".

New negotiations

The Minister of Public Works added that the Government is keeping the way open for dialogue and agreement, and has therefore given instructions to AENA management in order for the negotiations to be immediately reopened under the new principles established by the Decree-Law.

The Government is confident that all parties will share in the responsibility "so that this final agreement can be possible and positive", he said.

The Royal Decree-Law has to be accepted by the Congreso de los Diputados [Lower House of Parliament]. Hence, José Blanco has spoken with all parliamentary spokespersons this morning, amongst whom "there was a unanimous feeling about the need to tackle" the situation.

Labour reform

The First Vice-President of the Government, María Teresa Fernández de la Vega agreed with the Minister for Public Works that the Royal Decree-Law liberalising the air traffic control service places general interests above those of individuals and will contribute to reducing the deficit by cutting costs and airport charges.

In her appearance before the press, together with José Blanco, the Vice-President also referred to the Government's proposal raised in the Social Dialogue Meeting as a starting point to improve and make the labour market more competitive.

María Teresa Fernández de la Vega set out the five major objectives of the proposal: to encourage job creation, boosting the confidence of economic and social stakeholders; to reduce duality, segmentation and transience in the job market, moving towards better quality jobs, to increase opportunities for finding employment for the unemployed; increasing companies internal flexibility, without affecting actual jobs too much, and increasing job opportunities for young people.

The Vice-President reported that the President of the Government, José Luis Rodríguez Zapatero, will be presenting the proposal to social stakeholders this afternoon.

Improving the operation of our work market is a task that we have to tackle so as to build a more competitive future and a more sustainable economy, she said.

The Vice-President also reiterated that the Government is tackling the in-depth transformation of our economy "decisively and responsibly" whilst always protecting citizens' rights.

"We are convinced that the course we are on is the right one and we have the energy, the commitment and the strength to continue at the helm", she added.
Fernández de la Vega has appealed to business people, the unions and political groups to make their best efforts to reach an agreement.

Other agreements

  • A report on the Draft Bill for the Modification of the Act on the Repression of Smuggling was analysed
  • The Advertising and Institutional Communication Plan was approved
  • It was agreed to apply for an appeal on the unconstitutionality of the Galicia Savings Bank Act and another against the Catalonian Act on