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Royal Decree 1823/2011 of 21 December 2011, restructuring the ministerial departments, as amended by Royal Decree 447/2012 of 1 March, and Royal Decree 1887/2011 of 30 December 2011, for which it is establishes the basic organic structure of the ministerial departments, established the current organic structure of the Ministry of Development, which was subsequently developed up to the level of general sub-direction by the Royal Decree 452/2012, of 5 March, for which the basic organic structure of the Ministry of Development is developed and amend Royal Decree 1887/2011 of 20 December 2011.
Order FOM/2258/2011, of July 21, on the delegation of powers in the Ministry of Public Works, was approved prior to the establishment of the current organic structure of the Department carried out by the aforementioned real decrees, and it is therefore appropriate to update the delegations established in it, in order to adapt them to the new departmental structure.
However, this Order of delegation of powers is not limited to a mere adaptation of Order FOM/2258/2011 to the new structure of the Department, but it introduces substantial modifications aimed at achieving a more efficient and rational management of the competences attributed by the legal system to the holders of the various higher bodies and managers of the Department, especially in the field of procurement.
In accordance with the principles of rationality and efficiency in public expenditure, a rearrangement of the delegated powers in the field of procurement is carried out, reducing the thresholds for each organ in the powers in this field are delegated, and reserves additional powers to the higher hierarchical bodies to enable them to monitor more efficiently the contracts whose ordinary management is delegated to lower bodies. This reordering of delegated powers in the field of procurement concerns both delegations in central bodies and delegations in peripheral bodies.
Likewise, also taking into account criteria of rationality and efficiency in public expenditure, the aforementioned reduction of the thresholds corresponding to each organ in which powers are delegated, applies not only to the delegation of (a) the powers of the contracting authority, but also the delegation of powers in the field of cooperation agreements and management agreements.
This Order collects in a systematic, homogeneous and unified way all the delegations of competences of all the higher bodies and directors of the Ministry of Public Works, including in a single text both the delegations of the responsibilities of the holder of the Department, such as the approval of the delegations which are carried out by the other organs of the Ministry.
In its virtue, in accordance with the provisions of Article 13 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and in the additional provision The 13th of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, has:
First. Administration of personnel.
1. The holder of the Subsecretariat is delegated the exercise of the following powers which the legal order attributes to the holder of the Department:
A) Name and separate the job holders, with the exception of the Subdirectorates General and remaining posts with a level 30 target complement.
B) Set the criteria for the distribution of the productivity supplement and allocate allocations of that complement to management centres and other units in which this is the case.
C) Allocate maximum amounts for bonuses for extraordinary services by management and other units in which they proceed and grant them.
D) Resolve disciplinary files when the penalty to be imposed is by the commission of serious or very serious misconduct.
2. It is delegated to the holder of the General Inspectorate to Promote the exercise of the powers conferred on the head of the Department in the field of personnel by the legal system and not to have been delegated to the Deputy Secretary.
3. With the prior approval provided for in the additional provision of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, the Deputy Secretary delegates the following competencies:
A) In the holder of the General Inspection Inspection:
(a) Agree to the modifications of the Relations of Jobs that correspond to the Assistant Secretary under the powers of the Inter-Ministerial Committee on Remuneration.
(b) Redistributing and reallocating staff and jobs, provisionally assigned and providing posts on secondment, in accordance with Articles 59, 60, 61, 63, 64, 65 and 66 of Royal Decree 364/1995 of 10 March, and agree to the conclusion of such situations, provided that, in any of the cases, it is a position with a top-level complement to level 22.
c) Declare the situation of special services.
d) Recognize the productivity complements, on the proposal of the holders of the management centers or corresponding units.
(e) To provide for the provision of reserved information, to initiate disciplinary proceedings, to take preventive and provisional measures, to decide on the practice of supplementary measures, to agree on overments and to files where the penalty to be imposed is by the commission of a minor lack, without prejudice, in its case of the own competence of the Directors-General in its respective field.
B) In the headlines of the Subdirectorates-General and of the administrative bodies, which can be assimilated by their level or function, the granting of holidays, permits and licences, with the exception of the following:
(a) Sick leave and their carryovers.
b) Licenses for own affairs.
c) Licenses and permissions for studies.
d) Maternity, adoption and welcoming, and paternity leave.
e) Breastfeeding Substitute Permit for full days.
f) Day reductions and
g) Time flexibility through reconciliation of personal, family and work life and by reason of gender-based violence.
C) In the Presidents or Directors of the Autonomous Bodies, with respect to the public employees assigned to them:
a) The granting of holidays, permits, and licenses.
b) The declaration of forced retirements and incapacity as well as the resolution on the prolongation of stay in the active service.
c) The recognition of trienes.
d) The formalization of the takes of possession and cessation, as well as defer the cessation and extend the term of taking of possession in the prescribed terms regulentarily.
D) In the holder of the Subdirectorate General of Human Resources, the exercise of the remaining powers in matters of personnel assigned to the Undersecretary by the legal system, with the exception of the provisions of the 4 next.
4. With the prior approval provided for in the additional provision of Law 6/1997 of 14 April 1997, the Under-Secretary of State delegated the exercise of jurisdiction to authorize commissions of service entitled to compensation, including for Case, fix the amount of the compensation for eventual residence:
(A) In the holder of the General Inspection Inspection, in the case of commissions of service in the national territory of Directors-General or of the holders of organs with equivalent level or Directors or Heads of the Cabinets of the Secretary of State, Undersecretary and General Secretaries.
B) In the holder of the General Inspection of Promotion, in the case of commissions of service abroad.
C) In the holders of each Directorate-General, in the case of secondments in the national territory of staff assigned to a Directorate-General or organ with equivalent level, except as provided for in points (E) and (F) next.
D) In the Directors or Heads of the respective Gpare, in the case of commissions of service in the national territory of dependent personnel, directly or through units of lower level to the Directorate General, of the Minister, Secretary of State, Deputy Secretary and General Secretaries and staff of the Gimers themselves.
E) In the Head of each Demarcation Of Roads, in the case of commissions of service in the national territory of personnel of the same, excluding the Head of the Demarcation, or of the staff of the Roads Units that of it depend.
F) In the Maritime Captain, in the case of commissions of service in the national territory of the staff of the Maritime Captaincy, excluding the Maritime Captain himself, or of the personnel of the maritime districts that are attached to it geographically.
G) In the Presidents or Directors of the Autonomous Bodies, in respect of the staff assigned in the respective public bodies, in the case of commissions of service in the national territory.
Second. Recruitment.
1. The exercise of the powers conferred by the legal order is delegated to the holder of the Department as a contracting authority, without prejudice to the powers conferred on the Board of Contracting:
A) In the headlines of the Technical General Secretariat and the Directorate-General for Economic Programming and Budget, where expenditure is to be charged to the appropriations of their respective budgetary services.
B) In the holder of the General Directorate of the National Geographic Institute, where the expenditure is to be charged to the appropriations of its budget service and the estimated value of the contract does not exceed EUR 1,000,000, and in the holder of the Sub-secretariat where it is higher than that amount.
C) In the holder of the General Administration and Financial Management Subdirectorate, where expenditure is to be charged to budget service appropriations 01.
2. With the prior approval provided for in the additional provision of Law 6/1997 of 14 April 1997, the Secretary of State for Infrastructure, Transport and Housing delegates the exercise of the powers conferred on him by the legal system. attributes as a contracting authority, without prejudice to the powers conferred on the Board of Contracting, and with the provisos provided for in the 15th and 16th paragraphs of this Order:
A) In the holders of the Directorates-General for Roads and Railways, for the contracts of their respective fields of competence, the estimated value of which is greater than 1,000,000 euro, except for the following powers concerning the procurement procedure, which are not delegated and reserved to the Secretary of State:
a) the order of initiation of the procurement file;
(b) the approval of the procurement file and the corresponding expenditure and the opening of the award procedure;
c) the award of contracts;
d) the approval of the modifications of the contracts and the corresponding expenditure;
e) the approval of the complementary works and services related to these contracts, which are dealt with by the procedure established in the recast text of the Law on Public Sector Contracts, approved by Royal Decree Legislative 3/2011 of 14 November, as well as the approval of the corresponding expenditure;
f) resolution of contracts;
g) the waiver of the conclusion of the contract and the withdrawal of the award procedure, and
h) the ex officio review and declaration of nullity of the preparatory acts and the award of the contract.
B) In the holders of the Directorates-General for Roads and Railways, for the contracts of their respective fields of competence the estimated value of which is equal to or less than 1,000,000 euro and greater than EUR 100,000, with the exception of the following powers relating to the procurement procedure, which are delegated to the holder of the General Secretariat for Infrastructure:
a) the order of initiation of the procurement file;
(b) the approval of the procurement file and the corresponding expenditure and the opening of the award procedure;
c) the award of contracts;
d) the approval of the modifications of the contracts and the corresponding expenditure;
e) the approval of the complementary works and services related to these contracts, which are dealt with by the procedure established in the recast of the Law on Public Sector Contracts, as well as the approval of the corresponding expense;
f) resolution of contracts;
g) the waiver of the conclusion of the contract and the withdrawal of the award procedure, and
h) the ex officio review and declaration of nullity of the preparatory acts and the award of the contract.
C) In the headlines of the Directorates-General of Civil Aviation, Merchant Marine and Land Transport, for the contracts of their respective fields of competence whose estimated value is greater than 1,000,000 euros, except the following powers relating to the procurement procedure, which are not delegated and reserved to the Secretary of State:
a) the order of initiation of the procurement file;
(b) the approval of the procurement file and the corresponding expenditure and the opening of the award procedure;
c) the award of contracts;
d) the approval of the modifications of the contracts and the corresponding expenditure;
e) the approval of the complementary works and services related to these contracts, which are dealt with by the procedure established in the recast of the Law on Public Sector Contracts, as well as the approval of the corresponding expense;
f) resolution of contracts;
g) the waiver of the conclusion of the contract and the withdrawal of the award procedure, and
h) the ex officio review and declaration of nullity of the preparatory acts and the award of the contract.
D) In the headlines of the Directorates-General of Civil Aviation, Merchant Marine and Land Transport, for the contracts of their respective fields of competence whose estimated value is equal to or less than 1,000,000 euros and exceeding EUR 100 000, with the exception of the following powers relating to the procurement procedure, which are delegated to the holder of the General Secretariat of Transport:
a) the order of initiation of the procurement file;
(b) the approval of the procurement file and the corresponding expenditure and the opening of the award procedure;
c) the award of contracts;
d) the approval of the modifications of the contracts and the corresponding expenditure;
e) the approval of supplementary works and services related to such contracts, which are dealt with by the procedure laid down in the recast text of Law 30/2007 of 30 October, of Public Sector Contracts, as well as the approval of the corresponding expenditure;
f) resolution of contracts;
g) the waiver of the conclusion of the contract and the withdrawal of the award procedure, and
h) the ex officio review and declaration of nullity of the preparatory acts and the award of the contract.
E) In the holder of the Directorate-General for Architecture, Housing and Soil, for contracts in its field of competence the estimated value of which is equal to or less than 1,000,000 euros and more than EUR 100,000, except for the following powers relating to the procurement procedure, which are not delegated and reserved to the Secretary of State:
a) the order of initiation of the procurement file;
(b) the approval of the procurement file and the corresponding expenditure and the opening of the award procedure;
c) the award of contracts;
d) the approval of the modifications of the contracts and the corresponding expenditure;
e) the approval of supplementary works and services related to such contracts, which are dealt with by the procedure laid down in the recast text of Law 30/2007 of 30 October, of Public Sector Contracts, as well as the approval of the corresponding expenditure;
f) resolution of contracts;
g) the waiver of the conclusion of the contract and the withdrawal of the award procedure, and
h) the ex officio review and declaration of nullity of the preparatory acts and the award of the contract.
F) In the holders of the Subdirectorates-General under the Directorates-General of the State Secretariat for Infrastructure, Transport and Housing, for the contracts of their respective fields of competence, the the estimated value is equal to or less than EUR 100 000, with the exception of the following powers relating to the procurement procedure, which are delegated to the holders of the respective Directorates-General for which they are dependent:
a) the order of initiation of the procurement file;
(b) the approval of the procurement file and the corresponding expenditure and the opening of the award procedure;
c) the award of contracts;
d) the approval of the modifications of the contracts and the corresponding expenditure;
e) the approval of supplementary works and services related to such contracts, which are dealt with by the procedure laid down in the recast text of Law 30/2007, of 30 October of Public Sector Contracts, as well as the approval of the corresponding expenditure;
f) resolution of contracts;
g) the waiver of the conclusion of the contract and the withdrawal of the award procedure, and
h) the ex officio review and declaration of nullity of the preparatory acts and the award of the contract.
3. With the prior approval provided for in the additional 13th provision of Law 6/1997 of 14 April, the Deputy Secretary delegates the exercise of the competence to inform the certificate of insufficient human resources prior to the recruitment, in the terms required by the Royal Decree to approve each year's public employment offer:
(A) In the holder of the General Inspection Inspection, for contracts to be financed from budget service appropriations 01.
B) In the holder of the Technical General Secretariat, in each of the Directors-General and in the Director of the Cabinet of the Secretary of State, for the contracts to be financed from their respective credits budgetary services, except as provided for in point (C) below.
C) In each of the Deputy Directors-General of the Directorate-General for Roads as well as the Heads of Road Demands, for contracts to be concluded in their respective areas under the terms of the financial year of powers which are also delegated to them.
4. The exercise of the powers delegated to this second paragraph shall be without prejudice to the coordination functions that correspond to the General Inspection of Fomento with respect to the peripheral units and services of the Department.
Third. Budgetary changes.
The holder of the Directorate-General for Economic Programming and Budget is delegated the exercise of the following powers:
A) Those corresponding to the holder of the Department in matters of budgetary modifications.
B) Authorize the allocation to the credits of the current exercise of obligations generated in previous years, subject to the provisions of Article 34 of Law 47/2003, of 26 November, General Budget.
Fourth. Management of expenses and proposals for payment.
1. The exercise of the following powers conferred on the holder of the Department is delegated, except as provided for in the "Fixed Box advances":
A) In the headlines of the Technical General Secretariat, the Directorate-General for Economic Programming and Budgets and the Directorate-General of the National Geographic Institute:
(a) Approve the expenditure from the appropriations of their respective budget services, except those of Chapter 1.
b) Authorize the commitments and settlements that come with respect to the approved expenditures and interest of the Treasury Public the ordination of the timely payments.
c) Exorder the accounting documents from and approve the accounts relating to such expenses.
B) In the holder of the General Inspection of Promotion the exercise of the powers conferred on the holder of the Department by article 79.4 of the General Budget Law, in the wording given by the Law of Budgets General State for the year 2009, in respect of extension of time limits for the justification of the amounts received of payment orders to justify in the accounts for the provision of funds.
C) In the holder of the General Administration and Financial Management Subdirectorate:
(a) Approve the expenses charged to the appropriations of Chapter 1 of all the services of the Expenditure Budget of the Ministry of Development, approve the payroll and interest of the Treasury Public the ordination of the payments that come.
(b) Approve expenditure under Chapters 2 to 8 of Service 01 of the Expenditure Budget of the Ministry of Development, authorize commitments and settlements to be made in respect of approved expenditure and Public Treasury interest in the management of the corresponding payments.
(c) Exorder the accounting documents from the management of the credits included in the two preceding paragraphs and approve the accounts relating to those expenses.
2. With the prior approval provided for in the additional provision of Law 6/1997 of 14 April, the Secretary of State for Infrastructure, Transport and Housing delegates to the respective Directorates General, with the The following powers shall be provided for in the following paragraph 3 and in the fifteenth and sixteenth paragraphs of this Order:
(A) Approve the expenditure from the appropriations of their respective budget services, except those of Chapter 1.
B) Authorize the commitments and settlements that proceed in relation to the approved expenditures and interest of the Treasury Public the ordination of the timely payments.
C) Exorder the accounting documents from and approve the accounts relating to such expenses.
3. With the prior approval provided for in the additional provision of Law 6/1997 of 14 April 1997, the Secretary of State for Infrastructure, Transport and Housing delegates, respectively, in the headlines of the Subdirectorates General de Policy and Aid for Housing, Architecture and Building and Coordination and Administrative Management, which are dependent on the Directorate-General for Architecture, Housing and Soil, the exercise of the following powers for expenditure exceeds EUR 100,000, in their respective functional areas:
(a) Approve the expenditure from the budget service appropriations of the Directorate-General, except those of Chapter 1.
b) Authorize the commitments and settlements that come with respect to the approved expenditures and interest of the Treasury Public the ordination of the timely payments.
c) Exorder the accounting documents from and approve the accounts relating to such expenses.
Fifth. Fixed cash advances.
1. The holder of the General Inspectorate for the Promotion of the exercise of the following powers is delegated to the holder of the General Inspectorate:
A) Determine the scope of application in the "Fixed Box advances" system.
B) Set the maximum expenditure on the "fixed cash advances" system and distribute such maximum expenditure by paying banks, by determining it by budgetary applications, at the level of unbundling deemed appropriate, and by the time periods to proceed.
C) Set the maximum overall amount of the "fixed cash advances", within the legally established limit, and their distribution by paying banks.
2. The following powers are delegated to the holder of the General Administration and Financial Management by the Financial Management Subdirectorate General:
A) Agree on the expenses and order the payments to be charged to the "fixed cash advance" of the central bank dependent on the General Administration of Financial Management and Management.
B) The management of the payments to be made by the competent authorities of the Treasury to the extra-budgetary allocation or the replenishment of the "fixed cash advance" allocated to the central paying banks, issuing the appropriate accounting documents.
C) Approve the accounts of the central paying banks.
3. The exercise of the competence conferred on the holder of the Department to agree expenditure and to order payments from 'fixed cash advances' other than the one managed by the central paying fund under the general sub-directorate of the General Secretariat is delegated. Administration and Financial Management:
(A) In the case of central payment banks that are dependent on Directorates-General, in the holders of the Directorates-General.
B) In the case of Peripheral Paying Boxes, in the Heads of Road Demands.
4. The Heads of the Road Demarations with Caja pay the exercise of the competence attributed to the holder of the Department for the interest of the Treasury Public the payments that come for the extra-budgetary allocation or replenishment of funds from the "fixed cash advance", by issuing the appropriate accounting documents, and to approve the corresponding accounts.
5. The exercise of the powers delegated to this fifth paragraph shall be without prejudice to the coordination functions that correspond to the General Inspection of Fomento with respect to the peripheral units and services of the Department.
Sixth. Heritage and forced expropriation.
1. The holder of the Secretariat is delegated the exercise of the competence attributed to the holder of the Department to authorize the departure of the Ministry of Public Works of Cultural Interest, as well as of the members of the Documentary Heritage and Bibliography guarded in Department dependencies.
2. It is delegated to the holder of the General Inspectorate to Promote the exercise of the powers that the regulations of the Patrimony of Public Administrations attribute to the holder of the Department in relation to the real estate in which services, offices or agencies of the organs of the Ministry of Public Works are housed, as well as in relation to other goods or rights affected or the management and administration of which corresponds to the Department.
3. It is delegated to exercise the powers conferred on the head of the Department in connection with the disposal, disposal, destruction, misuse or abandonment, as appropriate, of the Department's holder of the jurisdiction of the Department of Public Administration. obsolete, perishable or damaged furniture by use:
A) In the holder of the respective General Directorate, in the case of movable property in the peripheral services.
B) In the holder of the General Subdirectorate of Electronic Information and Administration Technologies, in the case of equipment for the processing of existing information in the central services.
C) In the Commission of Investigation of Accident and Incident of Civil Aviation, in the case of aircraft, their contents or their remains, as a result of an accident or incident of civil aviation investigated by that Commission.
D) In the Commission of Investigation of Railway Accidents, in the case of railway elements, or of their remains, as a result of an accident or incident investigated by that Commission.
E) In the holder of the General Staff, in the remaining cases.
4. It is delegated to the heads of the Directorates-General for Civil Aviation, Roads and Railways, the exercise of the powers conferred on the head of the Department in matters of compulsory expropriation by the legal system, according to In the case of air, road or rail navigation, infrastructure, works and installations, or necessary for air, road or rail navigation, shall be dealt with in accordance with the 16th paragraph of this Order.
Seventh. Collaboration and cooperation agreements not related to one percent cultural.
1. It is delegated to the Secretariat of State for Infrastructure, Transport and Housing and the Secretariat, the exercise of the powers conferred by the legal system to the holder of the Department in the field of collaboration with Autonomous Communities, in the field of their respective competences.
In addition, the holder of the General Inspection of Public Works is delegated the exercise of the powers conferred on the holder of the Department in the field of education agreements with the Community of Madrid in relation to the Child Education Center attached to the Ministry.
2. With the prior approval provided for in the additional provision of Law 6/1997 of 14 April, the Secretary of State for Infrastructure, Transport and Housing, delegates to the respective Directorates General, the exercise of powers in the field of collaboration or cooperation agreements with other bodies of the General Administration of the State, with other public administrations with a territorial scope other than the autonomous one, with bodies or entities public and private entities, in the case of conventions affecting their respective fields functional and whose amounts do not exceed 1,000,000 euros.
3. The exercise of the powers conferred by the legal order is delegated to the holder of the Department in matters of collaboration or cooperation agreements with other organs of the General Administration of the State, with other administrations. public at a territorial level other than the autonomous region, with public bodies or entities and with private entities:
A) In the headlines of the Secretariat, the Technical General Secretariat, the Directorate-General for Economic Programming and Budgets and the General Inspection of Fomento, for conventions affecting their respective areas functional.
B) In the holder of the Directorate-General of the National Geographic Institute, for conventions affecting its functional scope, the amount of which does not exceed 1,000,000 euros, and in the holder of the Secretariat, for the higher than This amount.
Eighth. Grants and transfers.
1. The exercise of the following powers is delegated to the holder of the Department in the field of grants and transfers:
A) In the holder of the Subsecretariat, agree and resolve, subject to the previously approved regulatory bases, the calls for the granting of grants under competitive competition from the service 01 of the Department's Expenditure Budget and of the budgetary services corresponding to the Technical General Secretariat and the Directorate-General for Economic Programming and Budgets, as well as to initiate and resolve the Back-to-back.
B) In the holder of the Subsecretariat, agree and resolve, subject to the previously approved regulatory bases, the calls for the granting of grants under competitive competition with credit from the budget services for the Directorate-General of the National Geographic Institute.
(C) In the headlines of the Technical General Secretariat, the Directorate-General for Economic Programming and Budgets and the Directorate-General of the National Geographic Institute, approve, when they have nominative allocation, the aid or grants and current and capital transfers for the appropriations entered in their respective budgetary services.
D) In the holder of the General Inspection of Promotion, agree and resolve, subject to the previously approved regulatory bases, the calls for the granting of subsidies in competitive competition in the the scope of its powers, where the amount is less than EUR 1,000,000.
(E) In the holder of the General Administration and Financial Management Subdirectorate, approve, where they have nominative allocation, the aid or grants and the current and capital transfers for the appropriations entered in the the budget service 01.
2. With the prior approval provided for in the additional provision of Law 6/1997 of 14 April 1997, the Secretary of State for Infrastructure, Transport and Housing delegates the exercise of the following powers in the field of grants and transfers:
A) In the headlines of the General Secretariat for Infrastructure and Transport, respectively, agree and resolve, subject to the previously approved regulatory bases, the calls for the granting of grants under competitive competition from the respective budget services.
B) In the holders of the respective Directorates-General, the exercise of the competence to approve aid or grants and transfers of capital for the appropriations entered in their respective services budget, with the exception provided for in paragraph (C) below.
(C) In the holder of the Directorate-General for Architecture, Housing and Soil, approve, where they have nominative allocation, the aid or grants and the current and capital transfers for the appropriations entered in their budget service, and to resolve the granting of aid and grants for the implementation of the Housing Plans by amount not exceeding EUR 100 000, subject to the authorisation of the expenditure by the competent body.
Ninth. Management starts.
1. The exercise of the powers conferred by the legal order is delegated to the holder of the Department in matters of management under the provisions of Articles 4.1.n) and 24.6 of the recast of the Law on Contracts of the Sector Public, under the respective budget appropriations:
(A) In the holder of the Subsecretariat, for all the information relating to his or her respective functional scope, and for the purposes referred to in points (B) and (c) below, where the amount exceeds EUR 3,000,000.
B) In the headlines of the Technical General Secretariat, the Directorate-General for Economic Programming and Budgets and the General Inspection of Fomento for the purposes of their respective functional areas, provided that the amount of the fee does not exceed EUR 3,000,000.
C) In the holder of the Directorate-General of the National Geographic Institute, for the purposes that affect its functional scope and the amount of which does not exceed EUR 3,000,000.
2. With the prior approval provided for in the additional provision of Law 6/1997 of 14 April 1997, the Secretary of State for Infrastructure, Transport and Housing delegates the exercise of the powers conferred on him by the legal system. In the case of the case-law of the European Parliament, the Council of the European Parliament, the Council of the European Parliament, the Council of the European Parliament, the Council of the European Parliament, the European Parliament and the Council of the European Parliament Fifteenth of this Order:
A) In the holders of the General Secretariat for Infrastructure and Transport, in their respective fields of competence, for the purposes of their respective functional areas and the amount of which is greater than EUR 1,000,000 and do not exceed EUR 3,000,000.
B) In the holders of the respective Directorates-General, for the purposes of their respective powers and the amount of which does not exceed EUR 1,000,000.
3. The holder of the Secretariat is delegated the exercise of the powers that the legal system attributes to the holder of the Department with respect to the approval of the tariffs of the services applicable to the General Administration of the State the performance of management services provided by entities that have the status of their own medium and technical service dependent on the Department.
10th. Promotion of employment.
1. With the prior approval provided for in the additional provision of Law 6/1997 of 14 April 1997, the Under-Secretary of the Office of the General Staff and the Heads of Road Demands, the exercise of the powers to formalize the work and service reports of which the grant is requested from the State Employment Public Service, as well as for the acts related to the subsequent management, application and justification of those granted by that Service, and for to conclude and sign fixed-term employment contracts, for a given work or service, with unemployed workers, in accordance with the provisions of the Order of 19 December 1997, which the Public Employment Service of the State will be able to support, or to replace it.
2. The exercise of the powers delegated to this tenth paragraph shall be without prejudice to the coordination functions that correspond to the General Inspection of Fomento with respect to the peripheral units and services of the Department.
11th. Resources, other review procedures and patrimonial liability.
1. It is delegated to the head of the Secretariat of State for Infrastructure, Transport and Housing within its functional scope, the exercise of the powers conferred by the legal system to the holder of the Department on the resolution of the administrative resources, the revocation of acts, and the requirements prior to the administrative and administrative resources of other public administrations, without prejudice to the delegations referred to in paragraph 2 (2
.2. The holder of the General Secretariat for Infrastructures is delegated the exercise of the powers conferred on the head of the Department by the legal system:
(A) The resolution of the remedies against the resolutions relating to cases of penalties for very serious infringements of those provided for in Law 39/2003 of 17 November of the Railway Sector, as well as (a) the decisions relating to cases of penalties for very serious infringements of those laid down in Law 25/1988 of 29 July of Roads.
B) The resolution of the cases of the review of trade and the declaration of lesivity of the acts of the business public entity Administrator of Railway Infrastructures (ADIF).
3. The holder of the General Secretariat for Transport is delegated the exercise of the powers conferred by the legal order on the holder of the Department on the resolution of the files for the review of trade and the declaration of lesivity of the acts of the business public entities RENFE-Operadora and Airports Spanish and Air Navigation (AENA), as well as those of the public entities Ports of the State and Port Authorities.
4. With the prior approval provided for in the additional provision of Law 6/1997 of 14 April 1997, the Secretary of State for Infrastructure, Transport and Housing delegates, respectively, in the headlines of the Secretaries-General of Infrastructure and transport, the exercise of the powers conferred on it by the legal system on the ex officio review and the declaration of lesivity of the decisions given by the bodies under the responsibility of those Secretariats General, without prejudice to the provisions of the second paragraph of this Order in respect of procurement.
5. The holder of the Subsecretariat is delegated the exercise of the following powers which the legal order attributes to the holder of the Department:
A) Within its functional scope, the resolution of administrative resources, ex officio reviews, statements of lesivity, the revocation of acts, and the requirements prior to the administrative-administrative disputes of other public administrations.
B) The resolution of claims prior to the exercise of civil actions.
C) The resolution of the appeals against the acts of the Government Delegates in the Autonomous Communities in matters of the Department and the resolution of all kinds of resources in the area of expropriation.
6. It is delegated to the holder of the Technical General Secretariat to exercise the competence that Article 142.2 of Law 30/1992, of November 26, attributes to the holder of the Department to resolve the procedures of patrimonial responsibility, where the amount of the compensation claimed is equal to or greater than EUR 6,000, as well as for the approval of the expenditure arising from the recognition of the liability.
The exercise of jurisdiction shall be included in order, where appropriate, to resolve the proceedings relating to complaints against public law entities referred to in Article 2.2 of that Law.
In the procedures in which the amount of the compensation claimed is less than 6,000 euros, the exercise of the jurisdiction to resolve and to approve the expense that is derived from the recognition of the responsibility assets are delegated to the Director of the Patrimonial Liability Claims Division.
7. With the prior approval provided for in the additional provision of Law 6/1997 of 14 April 1997, the Secretary of State for Infrastructure, Transport and Housing also delegates to the holder of the Technical General Secretariat and the Director of the Patrimonial Liability Claims Division the exercise of the competence for the approval of the expenditure in the matter referred to in paragraph 6 above.
8. The delegation of functions in the field of resources and other review procedures provided for in this paragraph shall include that of the power to resolve the suspension of the execution of the acts whose review is intended and the other powers to be exercised by the delegating body in those procedures.
With the exception of the delegation assumptions set out in this paragraph, it shall be understood that the powers to resolve the resources, whether raised, are excluded from the delegations in other bodies provided for in this Order. replacement or extraordinary review.
12th. Recognition of titles.
The holder of the Technical General Secretariat is delegated the exercise of the jurisdiction conferred by the legal system to the holder of the Department to resolve the procedures for the recognition of diplomas issued in other Member States of the European Union, for access to the exercise in Spain of the professions related to the Ministry of Public Works.
13th. Publications.
The exercise of the following powers conferred on the holder of the Department in the field of publications is delegated:
A) In the holder of the Secretariat, the approval and half-yearly review of the annual editorial program of the Department, prior to the report of the Coordination Board for Official Publications.
B) In the holder of the Technical General Secretariat, the inclusion in the editorial program, exceptionally, of publications for reasons of necessity and urgency, in accordance with the provisions of the second provision Royal Decree 118/2001 of 9 February, for the ordination of official publications.
14th. Infringements and penalties.
1. The holder of the General Secretariat for Infrastructures is delegated the exercise of the jurisdiction conferred on the holder of the Department to impose penalties for very serious infringements in accordance with Article 95 of Law 39/2003, of 17 November, of the Railway Sector.
2. The holder of the General Secretariat for Infrastructure is delegated the exercise of the jurisdiction conferred on the holder of the Department to impose penalties for very serious infringements as laid down in Article 34.1 of Law 25/1988, of 29 July, on Roads.
15th. Rail infrastructure and services.
1. The holder of the Secretariat of State for Infrastructure, Transport and Housing is delegated the exercise of the following powers conferred on the holder of the Department in matters of definition of the lines of the Railway Network General Interest:
A) Agree to the inclusion in the General Interest Rail Network of new railway infrastructure, in accordance with Articles 4.2 and 5.1 and in the additional provision of Law 39/2003 of 17 November and in Articles 5.1 and 7.1 of the Railway Sector Regulations adopted by Royal Decree 2387/2004 of 30 December 2004.
B) Agree to the exclusion of the Railway Network of General Interest from a particular railway infrastructure where the grounds of general interest which justified its inclusion have disappeared, in accordance with the provisions laid down In Articles 4.3 and 11 of Law 39/2003 of 17 November, and in Articles 5.2 and 6.2 of the Railway Sector Regulation.
2. The exercise of the following powers conferred on the holder of the Department in the field of planning, project and construction of railway infrastructure is delegated:
A) In the holder of the Secretariat of State for Infrastructure, Transport and Housing:
(a) Dictate the decision to be taken by the establishment or, where appropriate, the modification of a railway line or line in cases where it is determined that the approval of the basic and the the construction and execution of the works are carried out by the General Budget of the State in accordance with Articles 5.1 and 6.1 of Law 39/2003 of 17 November and Article 8 (1), 2 and 3 of the Rail Sector Regulation.
(b) Approve, where such competence does not correspond to the Railway Infrastructure Manager (ADIF), the corresponding project for the construction of railway lines, its sections or other elements of the infrastructure railway or of the modification of the pre-existing ones, where the amount is equal to or greater than EUR 3,000,000, in accordance with the provisions of Article 13.1 of the Railway Sector Regulation.
c) Approve the Projects for the Delimitation and Use of Railway Spaces elaborated by the ADIF, in accordance with the provisions of Article 9.2 of Law 39/2003 of 17 November, and Articles 19.2 and 22.1 of the Regulation of the Railway Sector.
(d) To instruct the ADIF to carry out the works of railway lines or sections of the General Interest Railway Network, either from its own resources or from the resources of the State or third parties of the compliance with the provisions of Article 8 of the Railway Sector Regulation.
e) Approve the information studies for the establishment or modification of a line or part of the Railway Network of General Interest, in accordance with the provisions of Articles 5.2 and 5.6 of Law 39/2003, of 17 November, and in Articles 7.2 and 10.10 of the Rail Sector Regulations.
(f) Delimitation of railway service areas, in accordance with the provisions of Article 9.1 of Law 39/2003 of 17 November, and Article 19.1 of the Railway Sector Regulation.
B) In the holder of the General Directorate of Railways:
(a) Communicate to the Autonomous Communities or Local Entities, prior to the adoption of the agreement of the Council of Ministers, the proposal for the closure of a line or of a section, in the terms provided for in Article 11.2 of Law 39/2003 of 17 November.
b) Set the conditions for the closure of infrastructure elements other than railway lines and sections, in accordance with the provisions of Article 11.3 of Law 39/2003 of 17 November.
(c) Approve, except where appropriate to the ADIF, the relevant basic project of railway lines, its tranches or other elements of the railway infrastructure or the modification of the pre-existing railway infrastructure, in accordance with the established in Article 13.1 of the Railway Sector Regulation.
(d) Approve, except where appropriate to the ADIF, the project for the construction of railway lines, its sections or other elements of the railway infrastructure or the modification of the pre-existing railway infrastructure, where the amount is not more than EUR 3,000,000, in accordance with Article 13.1 of the Railway Sector Regulation.
3. The exercise of the following powers conferred on the holder of the Department in matters of property limitations is delegated:
A) In the holder of the Secretariat of State for Infrastructure, Transport and Housing:
(a) Determine a distance lower than that laid down in general for the construction limit line, depending on the technical characteristics of the railway line concerned, such as the speed and type of railway the line or the type of ground on which it runs, in accordance with Article 16.2 of Law 39/2003 of 17 November and Article 34.2 of the Railway Sector Regulation.
(b) To exercise the powers laid down in Article 16 (3) of Law 39/2003 of 17 November, and in Article 34 (3) of the Railway Sector Regulation, in respect of the establishment of the line of building.
c) To exercise the powers laid down in Article 16.4 of Law 39/2003 of 17 November, and in Articles 34.4 and 35 of the Railway Sector Regulations on the establishment of the building line, without prejudice to the powers conferred on the ADIF and the Spanish Railways of Via Estrela (FEVE) on the same subject.
B) In the holder of the General Directorate of Railways, determine, on a case by case basis, lower distances for areas of public domain and protection, depending on the specific technical characteristics of the line railway and the typology of the ground by which that line runs, in accordance with the provisions of Article 27.1 of the Railway Sector Regulation.
C) In the Presidents of the Boards of Directors of ADIF and of FEVE the fixing of the limit of construction in concrete urban areas, case to case, in the cases referred to in the second section of the Order FOM/2230 /2005, dated 6 July, which reduces the line of construction in the sections of the lines of the General Interest Rail Network that run through urban areas.
4. The exercise of the following powers conferred on the holder of the Department in the field of railway infrastructure in ports of general interest is delegated:
A) In the holder of the Secretariat of State for Infrastructure, Transport and Housing:
a) Approve the establishment of a service area of general interest for the port system, on a proposal of the public entity Ports of the State, in accordance with the provisions of Article 19.3 of the Regulation of the Sector Railway.
b) Authorise the conventions between the relevant Port Authorities of the ports of general interest and the ADIF on connection with the Railway Network of General Interest, in accordance with Article 36.3.b of Law 39/2003 of 17 November, and Articles 49.1 and 49.3 of the Railway Sector Regulations.
B) In the holder of the General Directorate of Railways:
a) Establish the guidelines by which the ADIF will have the rules for the physical connection of the General Interest Railway Network and those administered by a Port Authority, as well as for the management of the operations of the same, in accordance with the provisions of Article 36.3.a of Law 39/2003 of 17 November.
b) Approve the agreements between the holders of ports that do not have the consideration of general interest and the ADIF on connection with the Railway Network of General Interest, in accordance with the provisions of the article 36.4 of Law 39/2003 of 17 November.
5. The exercise of the following powers conferred on the holder of the Department in the field of rail transport is delegated:
A) In the holder of the General Secretariat of Transport:
(a) Authorize the general conditions for the procurement of both passenger and freight transport, in accordance with the provisions of Article 59.1 of Law 39/2003 of 17 November.
(b) Approve the transport contracts that affect the users of the service, in accordance with the provisions of Article 59.2.d of Law 39/2003 of 17 November.
B) In the holder of the Directorate-General for Land Transport, assess the financial viability of the railway undertaking in the case of a declaration of the railway undertaking in the form of a bankruptcy, for the purposes laid down in Article 51.1.b of Law 39/2003 of 17 November.
C) In the holder of the General Directorate of Railways, approve, on a proposal from ADIF, a contingency plan in case of disturbances of the railway traffic, in accordance with the provisions of Article 8.1 of the Regulation on safety in the movement of the Network of General Interest, approved by Royal Decree 810/2007 of 22 June.
6. The exercise of the following powers conferred on the holder of the railway department is delegated:
A) In the holder of the Secretariat of State for Infrastructure, Transport and Housing:
(a) Grant certificates for the opening of lines, tranches and terminals of the railway infrastructure to public transit, prior to the commencement of their operation, in accordance with the provisions of Article 81.1.h of Law 39/2003 of 17 November.
b) Disaffect the public domain assets of the State whose management corresponds to the public entities ADIF and FEVE and that are unnecessary, in accordance with the provisions of Article 24.4 of Law 39/2003, November 17, in conjunction with article 70.3 of Law 33/2003, of 3 November, of the Heritage of Public Administrations.
B) In the holder of the General Directorate of Railways, grant the habilitation to occupy the land of public domain that are necessary and, if necessary, acquire the private property through the procedure of Compulsory expropriation, where the establishment of a private railway line of ownership is, in accordance with the legislation expropriatory, public utility or social interest, in accordance with the provisions of Article 37.4 of Law 39/2003, of 17 November.
7. With the prior approval provided for in the additional provision of Law 6/1997 of 14 April 1997, the Secretary of State for Infrastructure, Transport and Housing delegates the exercise of the following powers in the field of railway infrastructure:
A) In the headline of the General Planning and Projects Subdirection:
(a) Order the drafting of planning studies, prior and informative, and of projects and projects, as well as the modification and cancellation of these orders, corresponding to actions of the Directorate General of Railways.
b) Designate the coordinators in the field of health and safety during the development of the work projects in the appropriate cases.
c) In relation to service contracts and management of their functional scope:
1) Approve the work programmes, grant the carryovers, authorise the partial suspension as well as their resumption, authorize the wording of the amended and approve them technically if the additional does not exceed 10% of the the award price, and technically approve the liquidations, provided that the resulting balance does not exceed 10 per 100 of the award price and the additional amount does not exceed EUR 100 000.
2) Order the economic processing of modification files, annuity adjustments, price revisions, and settlements.
3) The authorisation of accounting documents referred to in the regulations of the Ministry of Finance and Public Administrations on accounting operations for budgetary implementation.
4) The contract award notice as well as the resolutions for which the formalizations of the contracts are made public.
5) The formalization of the contract, after its award, in administrative document or public deed.
6) The approval of certificates of good account and "firm" accounts issued in the execution of contracts and supporting accounts.
7) The resolution on acceptance and readjustment of guarantees.
8) The authorisation of the return of guarantees, where applicable in each case, in accordance with current legislation.
B) In the holder of the General Construction Subdirectorate:
(a) Approve work programmes and the granting of extensions of the contractual term, in works and supplies contracts.
b) Authorize the drafting and technical approval of the modified projects in works and supplies contracts whose additional is less than 1,000,000 euros, provided that it does not exceed 10 per 100 of the award price of the primitive contract.
c) Designate the safety and health coordinators during the execution of the works in cases where appropriate.
d) Approve technically additional by price revision of works and supplies contracts.
e) To technically approve the settlement of works and supplies contracts, provided that the balance in favour of the contractor does not exceed 1,000,000 euros, and does not exceed 10 per 100 of the price of the contract.
f) Authorize the suspension of the contract, as well as the resumption of the contract.
g) Order the economic processing of modifications, adjustments of annuities, price revisions, settlements and indemnities to the contracts of works and supplies, as well as other expenses derived from such contracts.
(h) Order the economic processing of the files for interest payments, for delay in the payment of certifications or liquidations.
i) In relation to service contracts related to works and to the management of their functional scope:
1) Approve the work programmes, grant the carryovers, authorise the partial suspension as well as their resumption, authorize the wording of the amended and approve them technically if the additional does not exceed 10% of the the award price, and technically approve the liquidations, provided that the resulting balance does not exceed 10 per 100 of the award price and the additional amount does not exceed EUR 300,000.
2) Order the economic processing of modification files, annuity adjustments, price revisions, and settlements.
3) The authorisation of accounting documents referred to in the regulations of the Ministry of Finance and Public Administrations on accounting operations for budgetary implementation.
4) The contract award notice as well as the resolutions for which the formalizations of the contracts are made public.
5) The formalization of the contract, after its award, in administrative document or public deed.
6) Approval of certificates to good account and "on firm" accounts issued in execution of contracts and management orders.
7) The resolution on acceptance and readjustment of guarantees.
8) The authorisation of the return of guarantees, where applicable in each case, in accordance with current legislation.
(j) The authorisation of accounting documents referred to in the rules of the Ministry of Finance and Public Administrations on accounting operations for budgetary implementation in relation to the expenditure of expropriations processed from the Budget of the General Directorate of Railways.
C) In the holder of the General Sub-Directorate for Railway Coordination, in relation to service contracts and the management of its functional scope:
(a) Approve the work programmes, grant the carry-overs, authorise the partial suspension, as well as their resumption, authorize the wording of the amended and approve them technically if the additional one does not exceed 10% of the the award price, and technically approve the liquidations, provided that the resulting balance does not exceed 10 per 100 of the award price and the additional amount does not exceed EUR 300,000.
b) Order the economic processing of modifications files, annuity adjustments, price revisions, and settlements.
(c) The authorisation of accounting documents referred to in the rules of the Ministry of Finance and Public Administrations on accounting operations for budgetary implementation.
d) The contract notice of tender as well as of the resolutions for which the formalizations of the contracts are made public.
e) The formalization of the contract, after its award, in administrative document or public deed.
f) The approval of good account certifications issued in the execution of contracts and management orders.
g) The resolution on acceptance and readjustment of guarantees.
(h) The authorisation of the return of guarantees, where applicable in each case, in accordance with existing legislation.
sixteenth. Roads.
1. The approval of the public information files referred to in Article 10.4 of Law 25/1988 of 29 July on Roads
delegated to the holder of the Secretariat of State for Infrastructure, Transport and Housing.2. With the prior approval provided for in the additional provision of Law 6/1997 of 14 April 1997, the Secretary of State for Infrastructure, Transport and Housing delegates the exercise of the following powers in the field of roads:
A) In the headlines of the Subdirectorates General of the Directorate-General for Roads, in the field of their respective competencies:
(a) The authorisation to draw up amendments to those works and services contracts whose original amount does not exceed EUR 100 000.
(b) Agree to partial suspensions in the works and services contracts and to proceed with the lifting of the contracts, when they do not involve readjustment of annuities.
(c) The granting of extensions of the contractual period and the approval of the corresponding work programme, where it does not lead to readjustment of annuities.
B) In the holder of the General Secretariat for Coordination and Administrative Management:
(a) The approval of good account certificates issued in the development of contracts, as well as the "firm" and "to justify" accounts, corresponding to previously authorized expenses.
(b) The authorisation of the accounting documents referred to in the rules of the Ministry of Finance and Public Administrations on accounting operations for budgetary implementation.
c) The announcement of the tender for works, services and supplies contracts, as well as the resolutions for which the corresponding awards are made public.
d) The authorization of the return of guarantees, where applicable in each case, according to the Public Sector Contracts legislation.
e) The formalization of contracts in administrative document or public writing, with the exception provided for in point (C) (a) below.
C) In the Road Demarations Chiefs:
(a) The exercise of the powers conferred on the contracting authority by the legal order for works and services contracts, the amount of which does not exceed EUR 50 000, corresponding to previously authorised expenditure and which do not provide for more than one annuity, and must, prior to the commencement of any procurement file, request the authorisation of the holder of the Directorate-General for Roads.
(b) The approval of the work programme and the extension of the implementation period, when a change of annuity is not carried out.
c) The powers to appoint the Security and Health Coordinators, as well as approve health and safety plans, with notice to the employment authority.
(d) The exercise of the powers conferred on the contracting authority by the legal system for the files of current expenditure on goods and services, and must request the prior authorization of the head of the Directorate General of Roads where the amount exceeds EUR 50 000.
e) The approval of the settlements and the issuance of the income orders corresponding to fees for occupation or special use of the public domain.
f) The approval of the settlements and the issuance of the revenue orders corresponding to the fees for the granting of service areas.
g) The approval of the expropriation files corresponding to their scope of action, the powers of approval of the expenditure and the interest of the Treasury Public the management of the relevant payments, the issuance of the corresponding accounting documents and the approval of accounts relating to such expenditure.
For the purposes set out in this point (g), they will have the consideration of expropriation files, not only the initial files and the interest on late payment, but also those involving the recognition of interest on the interest for late payment in the fixing and payment of the case, those who recognise economic obligations arising from the full or partial estimation of administrative resources and those who recognise obligations arising from court decisions.
The provisions of this point (g) shall not apply to files which have been initiated before the date of entry into force of this Order, as such shall be understood as those which have been audited in accordance with the provisions of this Order. Delegated intervention in the Ministry of Public Works, which will continue to be processed under the current regime prior to that date.
(h) The procurement of emergency declared works, subject to the authorisation of the holder of the Directorate-General for Roads.
i) In those contracts in which they exercise the functions of control and monitoring of the execution, the request of the representative of the General Intervention of the State Administration (IGAE) for the acts of material verification on the investment, in accordance with the provisions of the Resolution of 11 June 2012, of the IGAE, amending that of 5 June 2006, which approves the standard model for the application and regulates the participation by telematics in the the procedure for requesting the IGAE representative for the material verification of the investment .
3. With the prior approval provided for in the additional 13th provision of Law 6/1997 of 14 April, the Director General of Roads delegates the exercise of the following powers:
A) In the holder of the Network Management and Management Subdirectorate General:
(a) The acceptance of the road managers of the State Network under the concession scheme.
b) The approval of studies and projects of service areas on state highways, which do not require the processing of public information, and which are not included in the respective studies and road projects.
c) Approval of projects of complementary works of service, maintenance and rest areas and weighing stations.
(d) Reports and resolutions on access to roads, with the exception provided for in point (D) (a) below.
e) Reports to urban planning and actions, with the exception provided for in point D (b) below.
f) Resolutions on building service stations that do not locate in service areas.
(g) The authorisation of public domain occupations on roads with more than one lane by way of a non-punctual nature to affect a section of more than 300 metres or which may be a condition for the exploitation or future improvement of the road.
B) In the holder of the Subdirectorate-General for Studies and Projects, with the exception provided for in point (C) below:
(a) The issuance of study orders for the conduct of planning studies, prior studies and preliminary projects, as well as the modifications and cancellations thereof, corresponding to actions to promote in the field of General Directorate of Roads.
(b) Provisional approval of planning studies, prior studies, and preliminary projects when these are required to be submitted to public information.
c) The definitive approval of planning studies, prior studies and preliminary projects, in cases where public information is not required to be required.
d) The issue of the report of allegations in public information files.
C) In the holder of the General Subdirectorate of Conservation, with the exception provided for in point (D) (g):
(a) The issuance of the study orders, their modifications and cancellations, and the approval of studies, preliminary projects and projects for replacement works, road safety and conservation, the total budget of which does not exceed 1,000,000 euro.
(b) Provisional approval of studies and projects for replacement works, road safety and conservation where they are required to be submitted to public information.
c) The submission of the report of allegations in the public information files specified in the previous section.
D) In the Road Demarations Chiefs:
(a) Reports and resolutions on access to conventional roads and their routes of service, as well as those relating to road service routes of more than one lane by way of a lane where they do not represent any influence or alter the level of service of the links to which they confluidic.
(b) Reporting to urban planning and action that does not involve new connections or changes in existing roads or changes in their level of service, and does not change the lines and protection zones of such roads. roads.
c) The designation of security officers in tunnels.
d) The designation of the operating directors of the tunnels of the State Highway Network.
e) The approval of the occupations of the public domain on roads of a lane by way of meaning and in the rest those that have a specific character to affect in a length of not more than 300 meters and that in addition do not suppose a conditioning for the operation or future improvement of the road.
(f) Resolutions, in the field of their territorial competence, in the other areas of management, protection, protection and protection of the areas of protection of State-owned roads.
g) The issuance of the study orders, as well as their modifications and cancellations and the approval of the studies and projects that correspond to actions in which the competencies are delegated as contracting authority.
4. The exercise of the powers delegated to this 16th paragraph shall be without prejudice to the coordination functions that correspond to the General Inspection of Fomento with respect to the peripheral units and services of the Department.
seventeenth. National toll motorway concessions.
The head of the Secretariat of State for Infrastructure, Transport and Housing is delegated the exercise of the powers conferred on the head of the Department by the legal system in relation to the concessions granted by the national toll motorways.
Eighteenth. Marine Merchant.
1. The holder of the Directorate-General of the Merchant Navy is delegated the exercise of the competence attributed to the holder of the Department for the approval of the flag-bearer of foreign vessels imported into Spain, to which he refers Article 23 of Royal Decree 1027/1989 of 28 July on flag-bearer, vessel registration and maritime registration.
2. With the prior approval provided for in the additional 13th provision of Law 6/1997 of 14 April, the Director General of the Merchant Navy delegates the exercise of the following powers:
A) In the holder of the General Subdirectorate for Safety, Pollution and Maritime Inspection, the implementation of the obligations of the organisation in relation to professional qualifications and certificates As set out in Order FOMO/1415/2003 of 23 May, the quality system and external audits required for the training and issuance of certificates for the exercise of maritime professions are regulated.
B) In the Maritime Captains, the granting of exemptions to certain categories of ships in the field of radio equipment, provided for in Article 50 (4) of the Regulation governing radio communications maritime vessels on board Spanish civil vessels, approved by Royal Decree 1185/2006 of 16 October 2006.
3. With the prior approval provided for in the additional provision of Law 6/1997 of 14 April 1997, the Director General of the Merchant Navy delegates the exercise of the following powers provided for in the Inspection and Certification of Civil Ships, approved by Royal Decree 1837/2000 of 10 November:
A) In the holder of the General Subdirectorate for Safety, Pollution and Maritime Inspection:
(a) The construction authorisations provided for in Articles 21.1º and 32.1º of the Regulation of Inspection and Certification of Civil Ships and the authorization for the alleged modifications provided for in Article 24.2e of This Regulation shall apply when they affect passenger ships of 12 or more metres in length (L) or any other vessels of 24 or more metres in length (L).
(b) The authorisation for processing, reform and major repair provided for in Article 38 (1) of the Regulation on the Inspection and Certification of Civil Ships, when they affect passenger ships of 12 or more metres in length (L) or any other vessels of 24 or more metres in length (L), provided that the main dimensions or characteristics of the vessel (such as the length, the sleeve, the strut, and its tonnage) are altered, the capacity of the vessel for the vessel is altered. transport of passengers or their capacity for the transport of cargo, have influence on the resistance the ship's structural stability-either intact or after the breakdown-or, on the part thereof, a change in the type of vessel or its group and/or class, changes in the characteristics of the vessel or is introduced transformations or reforms or carry out major repairs of similar scope to those listed here.
(c) The authorisation for transformations and reforms provided for in Article 29.1 of the Civil Ship Inspection and Certification Regulation.
(d) The authorisations for exemptions provided for in Article 7.1 of the Civil Ship Inspection and Certification Regulation.
B) In Maritime Captains:
(a) The authorisations of Articles 21.1., 32.1. and 24.2. of the Regulation on the Inspection and Certification of Civil Ships when they affect passenger ships less than 12 metres long (L) or any other vessels less than 24 metres in length (L).
(b) The authorisations provided for in Article 38.1 of the Regulation on the Inspection and Certification of Civil Ships in the following cases:
1) When it affects passenger ships of 12 or more metres in length (L) or any other vessels of 24 or more metres in length (L), provided that the duration of the vessel is significantly extended, they may be affected the main characteristics of its driving machinery or changes or reforms are introduced or major repairs of similar scope are carried out to the listed here.
2) When it affects passenger ships less than 12 metres in length (L) or any other vessels less than 24 metres in length (L), in all cases.
Nineteenth. Ground Transportation.
With the prior approval provided for in the additional provision of Law 6/1997 of 14 April, the Director General of Land Transport delegates to the holder of the Subdirectorate General for Management, Analysis and Innovation -the exercise of the powers relating to the management of the fees charged for the provision of services and the performance of actions by the Administration in the field of land transport management by road, provided for in Article 27 of Law 13/1996 of 30 December 1996 on Tax Measures, Administrative and Social Order.
Twenty. One percent cultural.
1. The exercise of the following powers is delegated to the holder of the Department in accordance with the provisions of Article 58 of Royal Decree 111/1986 of 10 January 1986, for which Law 16/1985 of 25 June 1985 is partially developed, Spanish Historical Heritage:
(A) In the holder of the General Subdirectorate of Architecture and Edification, the necessary management acts for the award, where appropriate, of the corresponding contracts for the financing of conservation works or enrichment of the Spanish historical heritage or the promotion of artistic creativity, as a result of public works financed by the Department or its agencies.
B) In the holder of the General Secretariat for Coordination and Administrative Management of the Directorate-General for Architecture, Housing and Soil, the approval of the expenditure in the actions set out in this section.
2. With the prior approval provided for in the additional provision of Law 6/1997 of 14 April 1997, the Secretary of State for Infrastructure, Transport and Housing delegates to the holder of the Subdirectorate-General for Architecture and Building the management acts necessary for the implementation and settlement of the conventions to be signed for the financing of conservation works or the enrichment of the Spanish historical heritage or the promotion of artistic creativity, as a result of public works financed by the Department or its agencies, in accordance with the provided for in Article 58 of Royal Decree 111/1986 of 10 January 1986.
Twenty-first. Revocation of previous delegations.
The delegation of powers contained in Order FOM/2258/2011 of 21 July 2011 concerning the delegation of powers in the Ministry of Public Works and many others are opposed to the provisions of this Order.
Twenty-second. Entry into force.
This order will produce effects from the day following your publication in the "Official State Bulletin".
Madrid, July 23, 2012. -Minister of Development, Ana Maria Pastor Julian.
