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Order Arm/1158/2008 Of 24 April, On Delegation Of Powers.

Original Language Title: ORDEN ARM/1158/2008, de 24 de abril, sobre delegaciĆ³n de competencias.

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The organizational changes made by Royal Decree 432/2008 of 12 April, which restructured the ministerial departments, and Royal Decree 438/2008 of 14 April, approving the organic structure The Committee on the Environment, Public Health and Consumer Protection has adopted a number of amendments to the Committee on the Environment, Public Health and Consumer Protection. Until a new delegation of powers is approved, once the basic organic structure of the Ministry of the Environment, and the Rural and Marine Environment has been completed, it is appropriate to maintain the necessary adjustments, the the allocation of delegated powers, in such a way as to allow for the ordinary management of the department and its public bodies, taking into account the subsistence of bodies referred to in the first transitional provision of Royal Decree 438/2008 indicated. Therefore, in accordance with the provisions of Article 13 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, and the additional provision of Law 6/1997 of 14 April, Organization and Functioning of the General Administration of the State, I have:

First. -The delegations of competences of the Ministers of Agriculture, Fisheries and Food and Environment are ratified at the time of the entry into force of Royal Decree 438/2008, of 14 April, for which approves the basic organic structure of the ministerial departments, carried out in the following management bodies: (a) In the organs of these Ministries in which, according to Article 10 of Royal Decree 438/2008 of 14 April, the Ministry of the Environment, and the Rural and Marine Environment, as well as the other management bodies to which it is refers to the second paragraph of the first transitional provision of this royal decree.

b) In the Presidents or Directors of the public bodies that maintain their membership or dependence of the Ministry of the Environment, and the Rural and Marine Environment in accordance with the additional provision of the Royal Decree 438/2008, dated April 14.

Second.-The ratification by the Under-Secretary of the Environment, and the Rural and Marine Environment of the delegations of powers made by the holders of the extinct Subsecretariats of Agriculture, Fisheries and Food and the Environment in the bodies referred to in orders MAM/224/2005 of 28 January, on the delegation of powers of the Ministry of the Environment, and APA/1603/2005, of 17 May, of delegation of powers in the Ministry of Agriculture, Fisheries and Food, which, in accordance with the provisions of the aforementioned Royal Decree 438/2008, maintain their membership to the Ministry of Environment, and Rural and Marine Environment.

Third. -The competencies delegated to the Secretary General for Territory and Biodiversity by Order MAM/224/2005, of January 28, on the delegation of powers of the Ministry of the Environment, concerning matters for the General Direction of Sustainability of the Coast and the Sea, will be understood as delegated to the Secretary General of the Sea. Fourth. -All the economic amounts established in the MAM/224/2005 Orders, of January 28, on the delegation of powers of the Ministry of the Environment, and APA/1603/2005, of 17 May, of delegation of attributions in the Ministry of Agriculture, Fisheries and Food are replaced by the following:

1. Powers delegated to the Head of the Technical Staff of the Under-Secretary of the Ministry of Agriculture, Fisheries and Food, under the responsibility of the Deputy Secretary, with the exception of paragraph 2: up to EUR 300,000.

2. Delegated powers to the Technical General Secretariat and to the Directors-General, under the responsibility of the respective management centres: up to EUR 2,000,000. 3. Powers delegated to the Secretaries-General, with the responsibility of the respective management centres, with the exception of paragraph 2: up to EUR 4,500,000. 4. Powers delegated to the Under-Secretary: no limit of value.

Fifth. -Head of the Technical Cabinet of the Under-Secretary of the suppressed Ministry of Agriculture, Fisheries and Food shall assume all the delegated powers under Article 5 of the APA/1603/2005 Order, in respect of the Appropriations of the Undersecretary of the Ministry of the Environment, and Rural and Marine Environment

Sixth. -The faculty to entrust to the "Company of Agrarian Transformation, Company Anonymous" (TRAGSA), and to its subsidiaries, the performance of works in the matters that constitute its social object, in the terms previewed in the Additional 30th of Law 30/2007, of 30 October, of Public Sector contracts, is delegated as follows:

1) In the Head of the Technical Cabinet of the Under-Secretary of the Ministry of Agriculture, Fisheries and Food, under the responsibility of the Deputy Secretary, with the exception of paragraph 2: up to EUR 300,000.

2) At the Technical General Secretariat and in the Directors-General, with the credits of the respective management centers: up to 2,000,000 euros. 3. In the general secretaries, with the exception of the provisions of paragraph 2: up to EUR 4,500,000. 4) Under the Under-Secretary: No amount limit.

Seventh. -The following competencies are delegated to the Technical General Secretariat:

(a) The resolution of administrative resources on administrative channels which are likely to be delegated, including the special procurement facility.

(b) The acknowledgement of receipt of the final judgments handed down by the judicial bodies, as well as the indication to the Court or Court of the body responsible for the compliance with the declarations contained in the judgment. (c) The resolution of the claims before the civil court. (d) the decisions of claims of patrimonial liability which, as compensation for damages, are formulated to the Ministry of the Environment, and the Rural and Marine Environment, the amount of which does not exceed six thousand euros (6,000 euros). e) The management of the own competences of the Protectorate of the Foundations related, for their matter, with the department

Eighth.-The delegation of the Undersecretary of the authorizations for travel and travel is approved:

(a) In the Secretaries of State of Climate Change and of Rural and Water, of the authorizations corresponding to the Secretaries-General, Directors-General and their directly dependent staff.

(b) In the Secretaries-General, of the authorizations of the staff dependent on their units with respect to the movement abroad in the following letter. These displacements must be communicated to the Technical General Secretariat prior to its completion. c) In the Technical General Secretariat and in the Directors-General of the Department, of the competence of authorization to the personnel dependent on their units of the displacements that they perform, within the national territory and abroad for to participate in European Union work meetings or to intervene in negotiations for the signature of International Agreements or Agreements, subject to documentary accreditation of such circumstances, except in cases where they are held at the headquarters of the European Union. the Community institutions. These displacements must be communicated to the Technical General Secretariat prior to its completion. (d) In the Technical General Secretariat, the authorizations for the travel and travel of the staff of the department destined abroad.

[9] The delegation of the Secretaries of State for Climate Change and the Rural Environment and Water and the Assistant Secretary to the General Secretariat of the Technical Secretariat for the resolution of the administrative resources, with the exception of the interposts against acts dictated by the Technical General Secretariat itself.

Tenth. -The delegation of the Undersecretary to the General Secretariat of the Technical Secretariat for the management of the acts and documents corresponding to the Registry of the Agricultural Foundations is approved. Eleventh.-The effects of this order, the references made in orders MAM/224/2005 of 28 January, and APA/1603/2005 of 17 May, to organs deleted by the Royal Decrees 432/2008 and 438/2008, cited, will be understood as those that the replace or assume their powers. Twelfth. The delegated powers referred to in this order shall be without prejudice to those of the Secretaries of State. Thirteenth. -All the delegations referred to in this order must be understood to be limited to the scope of specific powers conferred on the corresponding delegated bodies. Fourteenth. -The delegations of powers issued by orders MAM/224/2005, 28 January and APA/1603/2005, of 17 May, will continue to produce effects as soon as they do not object to the provisions of this order.

15th. -This order will take effect the day following its publication in the "Official State Bulletin".

Madrid, April 24, 2008. -Minister for the Environment, and Rural and Marine Environment, Elena Espinosa Mangana.