Aena has reiterated that the proposal for the airport co-management law of the Balearic Islands, which will soon be debated in the Congress of Deputies after the lifting of the veto by the Government, violates the Constitution. The company has indicated that it will take measures if it is ultimately approved.
This is stated in a communication consulted by Europa Press, sent this Tuesday afternoon to the National Securities Market Commission (CNMV) and signed by the secretary of the board of directors, Elena Roldán.
After learning of the Executive's decision to withdraw its veto and in light of the expected arrival of the text in the Lower House for consideration, Aena maintains that the initiative includes "provisions clearly incompatible with the current legal framework, particularly those of the constitutional framework in application."
The company reminds that the normative, supervisory, and regulatory competencies of airports of general interest correspond exclusively to the State. The autonomous communities, it emphasizes, do have "relevant attributions for airport activity and air transport."
However, according to the company's interpretation, this does not empower the autonomous communities to assume the management of these aerodromes, a function that corresponds "exclusively" to the State and to Aena as the operator. The regions can intervene in decision-making processes, but always "within the current regulatory framework," in which the possibility of creating a coordination committee as provided by the law approved at the end of April by the Balearic Parliament is not included.
In the same vein, Aena reminds that the model of regulation and network management of airports is based on the "principle of economic solidarity," by which large airports sustain the losses of those with lower traffic.
The company has conveyed to the CNMV its "full confidence that the General Courts will manage this proposal ensuring at all times its compliance with the constitutional framework," something that, in its view, would not be fulfilled if the text progresses in its current terms.
If necessary, the company warns that it will adopt "the necessary decisions in defense of the application of the current legality, of the corporate interest, and of the rights of the society and all its shareholders."
The Government lifts the veto on processing
Aena's position is known a few hours after the Government has decided to lift the veto on the processing of the airport co-management bill in the Congress of Deputies, thus allowing the text to be debated in the coming weeks.
At first, the Executive had blocked its progress considering that it would imply a reduction in Aena's revenues that should be compensated with resources from the Secretary of State for Transport and Sustainable Mobility.
The Government argued that the implementation of the law would have a "direct effect" on rates and air traffic, with a "very significant" economic impact on Aena's income statement and, consequently, on the dividends it distributes.