Article 6 of Law 39/2003, of 17 November, of the Railway Sector, provides that the resolution of the Ministry of Public Works which agrees to the establishment or modification of railway lines or sections thereof determine whether the exercise of the above powers corresponds to the Ministry of Public Works or the Railway Infrastructure Manager.

For its part, Article 8 of the Rail Sector Regulation, approved by Royal Decree 2387/2004 of 30 December 2004, states that the resolution of the Ministry of Public Works which agrees to the establishment or modification of a line or a railway line section, shall determine whether the approval and implementation of the basic and construction projects corresponds to the Ministry of Development or the Railway Infrastructure Manager (ADIF).

Notes this article in its number 2 that in the event that the resolution referred to in the previous paragraph determines that the approval of the basic and construction projects is carried out by the Administrator Railway infrastructures shall also correspond to the supervisory and reposing powers of the referred projects and, where appropriate, the certification of the certification of compliance with the environmental impact declaration.

The number 3 of the aforementioned article states that when the aforementioned resolution determines that the execution of the construction works must be carried out by the Ministry of Public Works, the Ministry of Public Works may entrust the Railway infrastructure, the execution of such works from State or third party resources, in accordance with the relevant Convention.

Whereas Article 8 (4) provides that, where the Railway Infrastructure Manager is responsible for the execution of the construction works of railway lines belonging to the Railway Network General interest or tranches thereof, the latter shall undertake the construction with its own resources, in the budgetary framework authorised for these purposes, by the Ministry of Economy and Finance.

The Resolution of the approval of the route of the high-speed line Madrid-Galicia, in the stretch Olmedo-Medina-Zamora-Puebla de Sanabria-Lubian-Ourense is before the passage of the Law of the Railway Sector, so its The Ministry of Public Works, which has begun its execution with the resources of the State Society of Infrastructures of Land Transport, S.A. (SEITT), in accordance with the provisions of the various Conventions signed for this purpose. Thus, the platform construction works of the following subsections are under tender or execution:

Olmedo-Pozal of Gallinas.

Pozal de Gallinas-Villaverde de Medina.

Villaverde de Medina-Villafranca del Duero.

Villafranca del Duero-Coreses.

Access to Zamora.

Zamora-The Hiniesta.

The Hiniesta-Perilla de Castro.

Castro's knob-Bodas Otero.

Bodh-Cernilla Otero.

Pruning-Pedralba from the Preria.

Pedralba de la Praderia-Tunel del Padornelo.

With respect to the rest of the sub-sections to Ourense, the Ministry is carrying out the necessary actions for the elaboration of the studies and projects needed for the definition and construction of the same.

The construction of the entire line requires the availability of an important volume of economic resources in a short period of time that exceeds the possibilities of execution through its financing through the Budgetary forecasts of the Ministry of Public Works, therefore it is considered necessary that their construction be entrusted to ADIF, from its own resources or through third party resources, so that, in the budgetary framework the resources available in the most efficient and efficient way possible, and the same Time, the planning provided for in the Strategic Plan for Infrastructure and Transport (PEIT), approved by the Council of Ministers Agreement of 15 July 2005, is being implemented.

The Ministry of Development's Ministry of Planning and Infrastructures is competent, pursuant to Article 2 of Royal Decree 1037/2009, of 29 June, and under the direction of the Ministry of Public Works Department, for the definition, proposal and implementation of the Ministry's policies concerning the planning and financing of transport infrastructure by rail resulting from the action plans in this field. It is therefore appropriate to adopt the resolutions on the establishment or modification of lines or sections of railway lines referred to in Article 6 of the Rail Sector Law and Article 8 of the Sector Regulation. Railway.

For its part, according to Article 3 of the said Royal Decree, it is up to the General Secretariat of Infrastructures, under the top management of the Secretary of State for Planning and Infrastructures, to coordinate and promote the implementation of the investments in the transport infrastructure of the State Secretariat.

Taking into account the previously exposed regulatory and contractual framework and the stated objectives, it is necessary that the Secretariat of State of Planning and Infrastructures entrust to ADIF the construction of the Olmedo-Medina-Zamora-Puebla de Sanabria-Lubian-Ourense section of the Madrid-Galicia High Speed Line in accordance with the scenario set out in the preceding paragraphs.

Consequently, on the proposal of the General Secretariat of Infrastructures, and taking into account the provisions of Articles 4, 6 and 22 of the Law of the Railway Sector and in Article 8 of the Regulations of the Railway Sector, prior to Council of Ministers takes the view at its meeting on 4 December 2009,

This Secretary of State has resolved:

First. -Encomendar al ente public authority of Ferrovial Infrastructures (ADIF) the construction of the stretch Olmedo-Medina-Zamora-Puebla de Sanabria-Lubian-Ourense of the High Speed Line Madrid-Galicia, of the corridor North/North West, determining that the construction is carried out from its own resources.

The assignment to ADIF includes the drafting and approval of projects that have not already been approved by the Ministry of Public Works, the obligations arising from the compliance with the environmental conditions that are legally binding. In accordance with the provisions of the recast text of the Environmental Impact Assessment Act and the execution of the works and facilities necessary for the execution of the Tramo, the provisions of the Law on Environmental Impact Assessment and Article 8 (2) of the Railway Sector Regulation.

Second. -ADIF will be subrogated in all contracts that have been tendered or awarded by the Directorate General of Railway Infrastructures of the Ministry of Development for the drafting and approval of pending projects and for the monitoring of the works of this infrastructure.

Third.-The financial service of the debt incurred by ADIF to finance the actions covered by this mandate will be paid by the State in terms of the revision of the Contract Program or indicated in the instrument to be formalised, all within the budgetary framework authorised by the Ministry of Economy and Finance.

This Resolution complements the Resolution of the Secretariat of State of Infrastructures of 12 May 2003, approving the route of the Tramo Medina-Zamora-Puebla de Sanabria to the effects foreseen in the article 8.1 of the Law of the Railway Sector.

This Resolution shall apply from the day following that of its signature.

Madrid, 4 December 2009.-The Secretary of State for Planning and Infrastructure, Victor Morlan Gracia.