Aena revolts towards the settlement for the Basque Country to take part within the administration of three airports and analyzes authorized measures | Economy | EUROtoday

Aena reacts to the settlement reached this Friday between the central and Basque governments for the latter to take part indirectly within the administration of three airports positioned within the autonomous neighborhood. Specifically, each executives have agreed to create a “bilateral body for collaboration, coordination and management” to channel mentioned joint participation.

In an announcement despatched on Friday night time to the National Securities Market Commission (CNMV), Aena, the airport supervisor accountable for managing 46 Spanish airports, together with these of Bilbao, Vitoria-Gasteiz and San Sebastián, cites the Spanish Constitution to do not forget that it “attributes to the State exclusive jurisdiction over airports of general interest”, and that the proprietor of them and the particular person accountable for their unique administration is Aena itself, “this exclusive management being protected by the freedom of enterprise enshrined in article 38 of the Spanish Constitution.”

For this reason, he adds, “the regulatory powers as well as the supervision and regulation of airports of general interest correspond solely to the State.”

In its statement to the CNMV, Aena alludes to some contradictions regarding the powers that this bilateral body will have, as stated by the Spanish and Basque Governments. While the Ministry of Transport explains in a statement that this body “lacks executive powers”, and that “it does not alter in any way the legal operating regime of Aena”, Lehendakari Imanol Pradales has assured that Euskadi “will be able to begin to participate in the making of decisions that affect Basque airports”.

Furthermore, the Basque Government explains in a note that the creation of this bilateral body makes it possible to articulate “a stable space that allows Euskadi to participate in the definition and orientation of strategic decisions on airport matters.” Furthermore, the document explicitly speaks of “effective participation of Euskadi in airport strategic planning.”

According to Aena, Pradales’ statements “might elevate some doubts amongst Aena shareholders and the monetary markets in regards to the scope of the settlement and its doable impact on Aena”, and that the note published this Friday by the Basque Government includes statements that “have an effect on the operation of airport infrastructure that would violate the foundations” that regulate them.

This, he adds, may “affect the functioning of the Spanish airport model to the detriment of the legitimate interests of Aena and its public and private shareholders.” Aena is 51% owned by the State, while the other 49% of the capital is private, and is listed on the Stock Exchange.

With all this, the airport manager defends that the creation of this bilateral body can only be advisory and not decision-making, and says it has entrusted its legal advisors with the assessment of appropriate measures, “in protection of the curiosity of Aena” and its shareholders, “who finally are the homeowners of all of Aena’s property.”

The company chaired by Maurici Lucena already reacted on March 17, after the day before the central and Basque governments drafted a participation document in airport infrastructure, which included the creation of the bilateral body. So, the Ministry of Transport already had to clarify that the agreement did not imply an alteration of Aena’s network of airports of general interest.

Also before the CNMV, the airport manager then assured the market that, based on what was said by Transport, “the aforementioned settlement doesn’t indicate a modification of the community of airports of basic curiosity or of the enterprise mannequin.” Furthermore, he assured that he would continue to follow the developments arising from this negotiation and that, if necessary, he would adopt “the mandatory selections in protection of the applying of present laws.”