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Order Fom/205/2009, Of 2 February, On Delegation Of Powers In Relation To The Common Services Of The Ministry Of Public Works And At The Level Of The Secretariat.

Original Language Title: Orden FOM/205/2009, de 2 de febrero, sobre delegación de competencias en relación con los servicios comunes del Ministerio de Fomento y en el ámbito de la Subsecretaría.

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Approved the basic structure of the Ministry of Public Works under Article 6 of Royal Decree 438/2008, of 14 April, approving the basic organic structure of the Departments of Ministeriales, and created the Secretariat of State of Transport by Royal Decree 1662/2008 of 17 October, which amended the Royal Decree 432/2008 of 12 April, which restructured the Departments of Ministeriales, the structure of the Ministry with three Secretariats of State which replace the only one up to then existing State Secretary for Infrastructure and Planning.

Therefore, it is appropriate to update the delegation of common services powers to consider the new structure in order to ensure the necessary agility in its operation.

In addition to the desirable unity of a single provision, to be applied by the managing bodies, the content of the delegations made in the field of common services by the Secretary of State is also included in this Order. State of Planning and Institutional Relations, the Secretariat of State of Infrastructures, the Secretary of State for Transport and the Undersecretary, in accordance with the provisions established in the Additional Disposition of the Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of State. In addition, with the same purpose, the update of the delegations made in the Sub-Secretariat regarding the one percent cultural is included.

Under Article 13 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, I have:

First. Administration of personnel.

1. The following powers are delegated to the Secretary-General:

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 it is appropriate and to grant them on a proposal from the Ministerial Committee on Remuneration.

D) Resolve disciplinary files when the penalty to be imposed is by the commission of serious or very serious misconduct.

2. The Director General of Services is delegated the remaining powers that the legal system attributes to the head of the Department in the field of personnel.

3. With the prior approval provided for in the Additional Disposition 13th of Law 6/1997 of 14 April, the Under-Secretary has delegated the exercise of the following powers:

A) In the Services Director General:

(a) Agree on the modifications of the Working Party Relations that correspond to the Assistant Secretary under the powers of the Inter-Ministerial Remuneration Commission.

(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 Subdirectors General, holders of units and administrative bodies, equivalent to their level or function, Presidents or Directors of Autonomous Bodies, granting holidays, permits and licenses with the exception of the following:

Sickness licenses and their carryovers.

Licenses for own affairs.

Licenses and permissions for studies.

Maternity, adoption and welcoming, and paternity leave.

Breastfeeding replacement permit for full days.

Day reductions.

Time flexibility for reconciliation of family and work life.

C) In the Deputy Director-General of Human Resources, the exercise of the remaining competencies in personnel assigned to the Undersecretary by the legal system.

Second. Recruitment.

1. The exercise of the powers conferred on the head of the Department as a contracting authority by the legal system is delegated, without prejudice to the powers conferred on the Board of Contracting:

A) In the Technical Secretary General, when the expenditure is to be charged to the budget service appropriations corresponding to the Technical General Secretariat.

B) In the Director General of Economic Programming, when the expenditure is to be charged to the appropriations of the budget service corresponding to the Directorate-General for Economic Programming or Service 01 of the Budget. Department if, in the latter case, it is about acquisition, maintenance, preservation or repair of equipment and systems for the processing of information.

C) In the Deputy Director-General for Administration and Financial Management, where expenditure is to be charged to appropriations of Budget Service 01, except as provided for in paragraph (B) above.

2. They are delegated, respectively, within the scope of the Directorate-General of the National Geographic Institute, in its Director General, the exercise of the powers that as the contracting authority correspond to the holder of the Department for contracts the amount of which does not exceed EUR 3 million (3,000,000) and the Under-Secretary for the exercise of the same powers for contracts whose value is higher and does not exceed EUR 6 million (6,000,000).

3. With the prior approval provided for in the Additional Disposition 13th of Law 6/1997 of 14 April, the Under-Secretary has delegated the exercise of the competence to inform the certificate of insufficient human resources prior to the procurement, in the terms required by the Royal Decree to approve each year's public employment offer:

(A) In the Director General of Services, for contracts to be financed from appropriations of Budget Service 01.

B) In the Technical Secretary-General and in each of the Directors-General, for contracts to be financed from the appropriations of their respective budgetary services, except as provided for in point (D) next.

C) In the Directors of the Gariums of the Secretaries of State of Planning and Institutional Relations, of Infrastructures, and of the Transports, for the contracts to be financed by the respective Services budget.

(D) In each of the Heads of the Road Demands, for contracts to be concluded in their respective territorial areas by virtue of the exercise of powers that are also delegated to them.

Third. Budgetary changes. The following powers are delegated to the Director-General for Economic

:

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 expenditure and proposals for payment.-The exercise of the following powers is delegated, except as provided for in the "fixed cash advances":

A) In the Technical Secretary General and the Director General of the National Geographic Institute:

(a) Approve the expenditure from the appropriations of their respective budgetary 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 Director General of Economic Programming:

(a) Approve expenditure under the appropriations of the budget service corresponding to the Directorate-General for Economic Programming, other than those of Chapter I, or from those of Budget Service 01, yes, in this Last case, this is the acquisition, maintenance, preservation or repair of equipment and systems for the processing of information.

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.

C) In the Deputy Director General for Administration and Financial Management:

(a) Approve the expenses charged to the appropriations of Chapter 1 of all the Services of the Expenditure Budget of the Ministry of Public Works, approve the payroll and interest of the Treasury Public the ordination of the payments that come.

(b) Except as provided for in paragraph (B) above, approve expenditure under Chapters 2 to 8 of Service 01 of the Expenditure Budget of the Ministry of Development, authorize commitments and the settlement of the approved expenditure and the interest of the Treasury in connection with the management of the corresponding payments.

(c) Exorder the accounting documents from the management of the credits included in the preceding two paragraphs and approve the accounts relating to those expenses.

D) In the Director General of Services: The competencies attributed to the Minister by article 79.4 of the General Budget Law, in the wording given by the State Budget Law for the year 2009, in the field of extension of time limits for the justification of the amounts received from payment orders to be justified in the funds provision accounts.

Fifth. Fixed cash advances.

1. The following powers are delegated to the Director-General for Services:

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 Deputy Director-General for Administration and Financial Management:

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 jurisdiction is delegated to agree on expenditure and to order payments from 'fixed cash advances' other than that managed by the paying fund of the General Secretariat for Administration and Financial Management:

A) In the respective Directors-General, in the case of Central Payor Boxes.

B) In the heads of the different peripheral administrative units, in the case of the Payers of this nature.

4. The Heads of the Peripheral Administrative Units with the Bank are delegated the exercise of the competence to interest the Treasury in the interest of the payments to be made for the extra-budgetary allocation or the replenishment of the "cash advance". setting out, issuing the appropriate accounting documents, and approving the relevant accounts.

Sixth. Commissions of service entitled to compensation. -With the prior approval provided for in the Additional Disposition 13th of Law 6/1997, of 14 April, the Under-Secretary has delegated the exercise of the competence to authorize commissions of service entitled to compensation, including for, where appropriate, fixing the amount of the compensation for eventual residence:

(A) In the respective Director-General, in the case of commissions of service in the national territory of staff assigned to a Directorate-General or organ with equivalent level, except as provided for in paragraphs (D), (E), and (F) next.

B) In the respective Directors of the Cabinets, 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, Secretaries of State, Deputy Secretary or General Secretary or staff of the Gimers themselves.

C) In the Director General of Services, in the case of commissions of service of Directors-General or of the holders of organs with equivalent level or Directors of the Cabinets of the Secretaries of State, of the Undersecretary and of the Secretary-General.

D) In the Director General of Services, in the case of foreign service commissions

E) In the respective Head of Demarcation of Roads, in the case of commissions of service in the national territory of the personnel of the same, excluding the Head of the Demarcation, or of the staff of the Roads Units of it depends.

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.

Seventh. Heritage and forced expropriation.

1. The Director General of Services is delegated the exercise of powers that the regulations of the Heritage and Public Administrations attribute to the holder of the Department in relation to the real estate in which the services are housed, offices or agencies of the organs of the Ministry of Public Works.

2. The Assistant Secretary is delegated the exercise of the competence to authorize the departure of the Department of the Goods of Cultural Interest, as well as of the members of the Documentary and Bibliographic Heritage held in dependencies of the Ministry of Promotion.

3. The exercise, which the rules referred to in paragraph 1 above, attributes to the holder of the Department for the disposal, disposal, destruction, misuse or abandonment, as appropriate, of obsolete, perishable or damaged furniture by usage:

A) In the Director General of Economic Programming, in the case of equipment for the processing of existing information in central services.

B) In the respective Director General, in the case of movable property in the peripheral services.

C) In the Commission of Investigation of Civil Aviation Accidents and Incidents 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 Senior Officer, in the remaining cases.

4. The exercise of the powers conferred on the head of the Department in matters of compulsory expropriation by the Directors-General of Civil Aviation, Roads and Railways, in the case of the Department of Civil Aviation, is delegated. respectively, of infrastructure, works and facilities which are airport or necessary for air, road or rail navigation.

Eighth. Grants, transfers, collaboration and cooperation agreements and management services.

1. The following powers are delegated to the Secretary-General:

(A) Agree and resolve, subject to the previously approved regulatory bases, the calls for the granting of competitive competition grants from the appropriations of Service 01 of the budget of the Expenditure of the Department or of the budgetary services corresponding to the Technical General Secretariat, the Directorate-General for Economic Programming, the Directorate-General for Services or the Directorate-General of the National Geographic Institute, as well as start and resolve the refund procedures that proceed.

B) With the exception contained in paragraph C), approve and formalize collaboration or cooperation agreements with other bodies of the General Administration of the State, with other territorial public administrations, with public and private entities, where they affect the functions of the Secretariat, the Technical Secretariat, the Directorate-General for Economic Programming, the Directorate-General for Services or the Directorate-General of the National Geographic Institute and, in any case, when they are to be financed from Budget Service appropriations 01.

(C) Where the conventions referred to in paragraph B above do not exceed EUR 3 million (3,000,000), the delegation shall, in the sphere of its powers, be understood in favour of the Director-General of the Institute National Geographic.

D) Approve and formalize the management tasks, when they affect the functions of the Secretariat, which are carried out to other bodies or entities of the same or different Administration, as well as to the entities and to the companies whose capital belongs entirely to the public administration itself.

(E) Where the management tasks referred to in paragraph D above do not exceed EUR 3 million (3,000,000), the delegation of powers shall be understood in the sphere of their powers to the Director General of the National Geographic Institute.

2. The exercise of the competence to approve, where they have nominative allocation, aid or grants and current and capital transfers, is delegated:

A) In the Technical Secretary General, in the Director General of Economic Programming, in the Director General of Services, and in the Director General of the National Geographic Institute, for the appropriations entered in their respective Budgetary services.

B) In the Deputy Director-General for Administration and Financial Management, for appropriations entered in Budget Service 01.

Ninth. Promotion of employment. -With the prior approval provided for in the Additional Disposition 13th of Law 6/1997, of 14 April, the Deputy Secretary delegates to the General Staff and the Heads of Demarcades and Roads Units the exercise of the powers to formalise the memoirs of works and services the grant of which is requested from the State Employment Public Service, as well as for acts related to the subsequent management, application and justification of those granted by that State Service, and to celebrate and sign fixed-term employment contracts, for work or service In the case of unemployed workers, according to the reports of the repeated public service of State Employment, it is decided to grant aid within the framework of the Order of 19 December 1997 ("Official State Gazette" of the 30) or provision which replace it.

10th. Resources, other review procedures and complaints.

1. The following powers are delegated to the Secretary-General:

A) Within its functional area, to resolve administrative resources, inadmission agreements to the processing of requests for trade review and the resolution on the revocation of acts, as well as the requirements prior to the administrative-administrative resources of other public administrations.

B) Solve claims prior to the exercise of civil actions.

C) To resolve the assets of the government in the Autonomous Communities in matters of the Department and the resolution of all kinds of resources in the area of expropriation.

2. The following powers are delegated to the Secretaries of State for Planning and Institutional Relations, Infrastructure and Transport respectively:

A) Within its corresponding functional area, the resolution of the administrative resources, the agreements of inadmission to the processing of requests for review of trade, the resolution on the revocation of acts, as well as the requirements prior to the administrative-administrative resources of other public administrations.

(B) The resolution of claims under Title VII of Law 31/2007 of 30 October 2007 on procurement procedures in the water, energy, transport and postal services sectors, when it is directed against acts of public entities under the Ministry of Public Works, through each State Secretariat, as well as the exercise of all other powers conferred by the law on the competent body to resolve this class of claims.

3. For the purposes of the delegations referred to in the preceding paragraph:

(A) The functional area of the Secretariat of State of Transport shall be understood, in addition to the organs and administrative units that are expressly dependent on it, the one integrated by the General Secretariat of Transport and the organs and administrative units that are dependent on the latter, and will be considered to be dependent on the Ministry of Public Works, through that Secretariat of State, in addition to the public entities that are expressly dependent on it, currently under the Ministry, through the General Secretariat of Transport.

B) It is understood that they depend on the Ministry of Public Works, through the Secretariat of State of Infrastructures, in addition to those expressly made to depend on it, the public entities currently dependent on the aforementioned Ministry, through the General Secretariat of Infrastructures.

4. It is delegated to the Technical Secretary-General to exercise jurisdiction in order to resolve the assets liability procedures referred to in Article 142.2 of Law No 30/1992 of 26 November, where the opinion of the Council of State in accordance with the provisions of its Organic Law, as well as for the approval of the expenses of this responsibility. The exercise of jurisdiction shall be included in order, where appropriate, to resolve the proceedings relating to complaints against entities governed by public law referred to in Article 2.2 of that Law.

In the procedures in which the opinion of the Council of State is not required, the exercise of the competence to resolve and to approve the expenses arising from the recognition of the patrimonial responsibility delegated to the Deputy Secretary-General.

5. With the prior approval provided for in the Additional Disposition 13th of Law 6/1997, of 14 April, the Secretariat of State of Infrastructures, and the Secretaries of State Planning and Institutional Relations and of Transport also in the Technical Secretary-General and the Technical Deputy Secretary-General, the exercise of the competence for the approval of the expenditure in the matter referred to in paragraph 4 above.

11th. One per cent cultural. -With the prior approval provided for in the Additional Disposition 13th of Law 6/1997 of 14 April, the Secretariat of State for Infrastructure delegates, in relation to the competences corresponding to this Department, as provided for in Article 58 of Royal Decree 111/1986, of 10 January, for which the Law 16/1985, of 25 June, on Spanish Historical Heritage is partially developed:

1. In the Department's Assistant Secretary:

A) The subscription of agreements and the modification or extension of the existing ones, as well as the acts necessary for their implementation.

B) Resolutions on works, works or actions which are carried out by those who are eligible for aid.

2. In the Assistant Director General for the Management of Aid, Grants and Projects, the remainder of the exercise of the powers that correspond in the matter to the said Secretariat of State, including those concerning the budget implementation and the award, where appropriate, of the relevant contracts.

3. In the Deputy Director-General for Administration and Financial Management, the approval of the expenditure in the actions referred to in the number one of this paragraph.

12th. Postal sector. -With the prior approval provided for in the Additional Disposition 13th of Law 6/1997, of April 14, the Assistant Secretary General of the Regulation of Postal Services the exercise of the powers to:

A) The granting of administrative authorizations for the provision of postal services.

B) The opening of the sanctioning procedures for failure to comply with the rules of order of those services and the adoption of the precautionary measures provided for in Article 43 of Law 24/1998, of 13 July, of the Service Universal Post and Liberalization of Postal Services.

13th. Additional criteria.-In the application of the delegations contained in this Order, the following criteria shall be taken into account:

(A) They are always to be granted without prejudice to the powers of management and control that correspond to the delegated bodies.

B) Except express mention of exclusion or inclusion, it is understood that the delegated powers include those that correspond to the delegating body in relation to the Autonomous Bodies and that the references to the Public Business Entities, State Agencies and public entities Ports of the State and Port Authorities.

C) With the exception of the delegation assumptions referred to in paragraph 10 of this Order, the powers to resolve the resources, whether raised, replenished or otherwise, shall be excluded from the delegations in other bodies. Review extraordinary.

D) The exercise of the powers listed in Article 13 (2) of Law No 30/1992 of 26 November 1992 and Article 12 (2) of Law 6/1997 of 14 May 1997 shall in any event be excluded from the delegations. April.

(E) The delegation of resources and other review procedures includes that of the power to suspend the execution of the acts whose review is intended and the remaining powers to be exercised in the those procedures to the delegating body.

(F) The competence which is the subject of the delegation detailed in the second paragraph, number 3, shall be exercised, in a positive case, by means of the formula 'It is reported favourably as regards personal means', which is endorsed by the delegated, with the indication that it is adopted by delegation, shall be included, whenever possible, in the documentation setting out the report drawn up to justify the need for the conclusion of the report, in accordance with Article 22 of the Law 30/2007, of October 30, of Public Sector Contracts.

14th. Revoking the delegation of powers contained in the following provisions:

A) Resolution of 18 July 2001, of the Secretariat, on the delegation of competence in the field of postal services.

B) Order FOM/3564/2004 of 19 October 2004 on the delegation of powers in relation to the common services of the Ministry of Public Works and the Secretariat.

C) Resolution of 19 July 2004, of the Secretary of State for Infrastructure and Planning, of delegation of powers in the field of cultural 1%.

D) Order FOM/489/2005, of 22 February, on delegation of powers in matters of administrative resources and review procedures in the field of the Department.

(E) Order FOM/3498/2005 of 2 November 2005 amending Order FOM/3564/2004 of 19 October 2004 on the delegation of powers in relation to the common services of the Ministry of Public Works and the Sub-secretary.

F) Order FOM/1344/2006, of 28 April, amending Order FOM/3564/2004 of 19 October 2004 on the delegation of powers in relation to the common services of the Ministry of Public Works and in the field of Sub-secretary.

(G) Order FOMI455/2006 of 26 October 2006 amending Order FOM/3564/2004 of 19 October 2004 on the delegation of powers in relation to the common services of the Ministry of Public Works and the Sub-secretary.

15th. Entry into force. -The delegations contained in this Order shall enter into force on the day following that of their publication in the "Official Gazette of the State".

Madrid, 2 February 2009. -Minister for Development, Magdalena Álvarez Arza.