Rail transport is a strategic sector for Spain, for its economic impact and its contribution to connectivity, cohesion and territorial vertebrate.

During the current legislature, an important revision of the organisational model of the railway sector has been launched, which will culminate in the liberalisation of the internal market for travellers and which has led to the reorganization of the ADIF and RENFE Operator companies. Within this process, a re-adaptation of the organs of the Administration with railway competences is also necessary, which allows it to be properly positioned within the new configuration of the sector, responding to the criteria established in Community legislation.

Directive 2004 /49/EC of 29 April 2004 on the safety of the Community's railways provides that within the new common regulatory framework in this field, it is necessary to establish in all Member States, national safety authorities responsible for regulating and monitoring railway safety. In order to facilitate their cooperation at Community level, the same minimum tasks and responsibilities should be assigned to them. The national security authorities should have a high degree of autonomy and carry out their tasks in an open and non-discriminatory manner so that they can contribute to the creation of a single European rail system and to cooperate to coordinate their decision-making criteria.

Therefore, the fulfilment of the essential objective of the continuous improvement of safety in rail transport will be favoured by the creation of a State Agency which has autonomy and flexibility in its management and which, to the the same time, it is subject to the control of effectiveness and the responsibility for the fulfillment of its purposes.

Law 28/2006 of 18 July of State Agencies for the Improvement of Public Services, in its original wording, provided for the creation of the State Agency for Transport Safety, in its additional provision, third. Terrestrial, for the detection, analysis and assessment of safety risks in land transport of state competence, as well as for the exercise of the functions of inspection and supervision of the safety of the railway system, both in relating to infrastructure as well as to the railway operation, in the areas of competence state.

Law 22/2013, of 23 December, of General State Budgets for the year 2014, established in its additional provision octagesima sixth.-Creation of State Agencies, which within the general rule of prohibition of new State agencies, except for the establishment of the State Agency for Railway Safety, as a sign of the great importance attached to the permanent improvement in safety levels.

Subsequently, through Royal Decree-Law 1/2014 of 24 January, of reform in the field of infrastructure and transport, and other economic measures, the fifth subparagraph of paragraph 1 of the additional provision has been amended Third of Law 28/2006, in order to change the name and the competences of the State Agency of Safety of Land Transport, which happens to be called the State Agency of Railway Safety, in order to comply with the requirements of the European Commission, on the independence of the railway safety agency, at the highest speed and better respond to the needs of the industry.

The present royal decree, in development of what is foreseen in that law, culminates the process of establishing the authority responsible for railway safety in Spain as an independent body, giving it personality legal basis. At the same time, it takes advantage of the experience of the Directorate-General of Railways in railway and security matters by assuming a transformation of the current Directorate-General, which had been assigned those powers until now.

This royal decree consists of a single article, approval of the statute, six additional provisions, four transitional provisions and three final provisions.

The additional provision first determines the effective date of the Agency's constitution.

Then, by the second additional provision, the removal of organs from the former General Directorate of Railways is carried out.

The third additional provision determines the integration of personnel of the Directorate-General of Railways into the General Secretariat of Infrastructure of the Ministry of Public Works or the Agency, as required by the planning and regulation of the railway sector or not, foreseeing that by means of Resolution of the Subsecretariat of Promotion the personnel subject to such integration will be realized.

The fourth additional provision determines the mode of integration of staff of the Directorate-General of Railways into the business public entity of railway infrastructure or the entity ADIF Alta Speed.

The fifth additional provision concerns the budgetary impact of the establishment of the Agency.

The additional sixth provision concerns the Agency's Heritage and the inventory of goods of the future Agency.

In the transitional regime, the provisions concerning the provision of services necessary to ensure the temporary exercise of the functions of the organs of the General Directorate of Railways are included in the first place. until the date of the implementation of the Agency. It is also available that the Ministry of Public Works will continue to provide the Agency with the common services, until it has the own services necessary to achieve its autonomy.

The transitional legal system in the field of budgets, procurement and other administrative procedures initiated prior to the establishment of the Agency is included in the second transitional provision, in the third refers to the first financial year of the Agency and the fourth is referred to the initial management contract.

The final provision first contains the organizational changes that will affect the Royal Decree 452/2012, of 5 March, for which the basic organic structure of the Ministry of Development is developed and the Royal Decree is amended 1887/2011, of December 30, establishing the basic organic structure of the ministerial departments.

The second final provision authorizes the Minister of Development to dictate how many provisions are necessary for the development and execution of the royal decree.

Finally, the third final disposition refers to the actual decree's entry into force.

The Staff Regulations are structured in seven chapters which collect in an orderly manner the various aspects which, according to Law 28/2006, of July 18, must contain the statutory regime of a State Agency.

Chapter I "General provisions" is dedicated to the nature, legal regime and administrative powers of the Agency.

According to the authorisation contained in the third provision of Law 28/2006 of July 18, Chapter II determines the subject matter of the Agency and its powers.

Chapter III "Transparent management by objectives", develops the principles of various elements of management: the multi-annual management contract, the action plan, the annual activity report and the annual accounts.

Chapter IV "Organization" determines the governing, control, executive and operational organs of the Agency, establishing the competencies and functioning of the Agency.

Section 1 regulates the figure of the President and the Governing Council, as the governing bodies of the Agency. The governance model of the Agency is characterised by a non-executive President, who in turn is the Secretary-General of Infrastructure, as an essential element of coordination between the two bodies of the Administration.

As for the composition of the Governing Council, a Council composed of the President, eight Directors appointed by different Ministries and a Secretary with a voice but no vote, has been elected.

The existence of a Control Commission has been foreseen, in accordance with the provisions of Law 28/2006, of July 18.

The Head of the Agency is the Executive Body of the Agency and the Head of the Agency's management and management. His appointment is to the Governing Council, on a proposal from the President, among graduates, on the basis of criteria of professional competence and experience.

Section 3 details the structure of the executive and operational bodies, which in the initial phase of the Agency's implementation, and in accordance with the budgetary context and in order to facilitate the transition of the With the current General Directorate of Railways, the current organisation is largely maintained.

In Chapters V, VI and VII, "Staff Regulations", "Estate, Financial and Procurement Regime", and "Economic Management and Control", the rules established by Law 28/2006 of July 18 are developed.

In its virtue, at the initiative of the Minister of Public Works, on the proposal of the Minister of Finance and Public Administration, according to the Council of State and after deliberation by the Council of Ministers at its meeting on 19 March. December 2014,

DISPONGO:

Single item. Establishment of the State Agency for Railway Safety and approval of its status.

1. By virtue of the authorisation provided for in the third provision of Law 28/2006, of 18 July, of State agencies for the improvement of public services and in the additional provision octogesima sixth of Law 22/2013, of 23 The State Agency for Railway Safety is hereby established for 2014, the State Agency for Railway Safety, to which the Statute of the Agency is approved, the text of which is inserted after this royal decree.

2. The State Agency for Railway Safety succeeds the Ministry of Public Works and, in particular, the Directorate-General of Railways for the purposes, powers and functions conferred on the Agency in the Statute which is approved by this royal decree.

All the mentions that any provision contains about the Ministry of Public Works and the Directorate General of Railways, referring to the competences that the Statute that is approved by this royal decree attributes to the Agency, They will understand the same.

The competencies directly attributed to the holder of the Ministry of Development are excepted from the above.

3. The provisions of this royal decree will be carried out without an increase in public expenditure and will not entail an increase in appropriations for remuneration or other personnel costs.

Additional disposition first. Effective constitution.

1. The effective implementation of the Agency will take place on 1 April 2015, with the setting up of the Governing Council. The Director of the Agency shall be appointed in the same constituent session, to the members of his or her organs and to their management staff.

2. The Agency shall be subrogated to all rights and obligations arising from the powers of the Directorate-General of Railways and the Ministry of Public Works which, by virtue of this royal decree, are attributed to that, and in particular, contracts, Agreements, arrangements and charges in the field of competences assigned to the Agency.

Additional provision second. Removal of organs.

At the date of the effective establishment of the Agency, the General Directorate of Railways and the following bodies which are dependent on it shall be deleted:

a) The Planning and Projects General Subdirection.

b) The General Construction Subdirection.

c) The General Subdirectorate for Railway Coordination.

Additional provision third. Integration of personnel into the State Agency for Railway Safety and the General Secretariat of Infrastructure.

1. In accordance with the provisions of the additional octogesima provision, sixth of Law 22/2013, of 23 December 2013, the State Agency for Railway Safety will be provided exclusively by the incorporation of the Ministry of Public Works, its bodies and public entities related to its functions.

2. The official staff who up to the commissioning of the Agency occupied the posts included in the list of posts of the Directorate General of Railways shall be integrated at that time in the State Agency Railway safety with the same situation, age and degree as it has, remaining in the situation of active service in its Body or Scale of provenance.

3. The work staff shall be integrated under the same conditions as provided for in the previous paragraph, subrogating the Agency in employment contracts subject to employment law, on its own terms and without any alteration of its conditions.

4. Except for the integration provided for in the preceding paragraphs, the staff, official or labour, who shall be included in the General Secretariat for Infrastructure for the exercise of the powers referred to in the final provision First, paragraph four and the official staff referred to in the fourth additional provision, both of this royal decree.

5. By resolution of the Assistant Secretary for Development, the official and labour personnel who are members of the Agency and the General Secretariat of Infrastructures, respectively, will be determined in accordance with the provisions of the previous paragraphs of This provision.

6. The incorporation to the Agency of permanent work staff of the other public bodies and entities of the Ministry of Public Works, which is related to the functions assumed by the Agency, will be carried out, if necessary, by Order of the Ministry of Public Works, subject to the authorisation of the Ministry of Finance and Public Administrations, while respecting overall their remuneration within the legal framework of implementation.

Additional provision fourth. Integration of the staff of the General Directorate of Railways into ADIF and ADIF High Speed.

Active officials with destination in the Directorate General of Railways who are developing functions linked to contracts that will be managed by the Railway Infrastructure Manager and the Administrator Railway Infrastructures-High Speed, will be able to be incorporated as labor personnel to some of these public entities, on a proposal of the Ministry of Development, on the initiative of the public entities mentioned and after authorization from the Ministry of Hacienda y Administraciones Públicas, staying in your body or scale of origin in the situation of voluntary leave for the provision of services in the public sector, on a different basis from that of a career official.

Additional provision fifth. Budgetary impact.

The measures included in this royal decree and the Staff Regulations which are approved shall be carried out without increasing the budgetary allocations for each financial year and shall not entail an increase in appropriations or salaries or other personnel costs.

Additional provision sixth. Assets of the Agency and Inventory of Goods.

Belong to the patrimony of the State Agency of Railway Safety for the performance of its functions the movable and immovable property that are attached to the General Direction of Railways to the entry into force of this real a decree and corresponding to the functions of the Agency.

The Agency shall carry out the first inventory of the assets assigned to it and of which it may acquire for the commencement of its business before a year has elapsed since its implementation.

First transient disposition. Provision of services.

1. The bodies of the Directorate-General for Railways shall continue to carry out their duties until the date of the implementation of the Agency. The bodies of the Agency shall also exercise the functions conferred by the Staff Regulations which are adopted by means of this royal decree from the date of its implementation.

2. Without prejudice to the establishment and operation of the Agency, the Ministry of Public Works shall continue to provide the necessary common services for the State Agency for Railway Safety until it has its own services for achieve their autonomy.

Second transient disposition. Files, obligations, contracts and expenses.

1. The files initiated by the Directorate-General for Railways prior to the operation of the Agency and not resolved on that date, relating to areas of competence assigned to the Agency by the Staff Regulations approving the Agency. royal decree, shall be settled by the competent body of the Agency in accordance with the allocation of the exercise of powers laid down by the Staff Regulations.

2. The expenditure procedures initiated by the Directorate-General for Railways and not finalised, in the areas of competence of the Agency, shall adapt their processing to the regulatory rules of the Agency and shall be finalised in accordance with the order of powers laid down by the Staff Regulations.

3. The files initiated by the Directorate-General of Railways prior to the implementation of the Agency and not resolved on that date, relating to areas of competence assigned to the General Secretariat for Infrastructure by the royal decree of modification of the structure of the Department to which the final disposition of this royal decree is concerned, will be resolved by the Secretariat of State of Infrastructures, Transport and Housing.

Transitional provision third. First economic exercise.

During the whole of the financial year 2015, the current budgetary structure will not be altered, developing the State Agency for Railway Safety its action in accordance with the budgetary and accountability regime applicable to the Directorate General of Railways, in the terms provided for in Law 22/2013 of 23 December, and Law 47/2003 of 26 November, General Budget. All expenditure necessary for the operation of the State Railway Safety Agency shall be charged in the form and in charge of the appropriations provided for the General Directorate of Railways.

Transitional disposition fourth. Initial management contract.

Until the initial management contract is approved, the Agency's action, including the management of jobs and the approval of its budget, will be carried out in the framework of the approved Memory and the Initial Plan, Article 3 of Law 28/2006, of July 18.

The link to the management contract and the system of assessment of the performance of the forecasts set out in Article 33 (3) and (4) on the productivity supplement shall not be effective until such time as they are approved. instruments.

Final disposition first. Amendment of Royal Decree 452/2012 of 5 March, for which the basic organic structure of the Ministry of Development is developed and amended by Royal Decree 1887/2011 of 30 December 2011 establishing the basic organic structure of the ministerial departments.

Un.Points (h), (i), (j), (k), (l), (m) and (n) are added to Article 3 (1) of Royal Decree 452/2012 of 5 March 2012:

h) The development, monitoring, monitoring and control of railway infrastructure planning in the General Interest Railway Network and the corresponding railway plans.

i) The elaboration, monitoring and control of informative studies, preliminary and exceptionally, railway projects, the elaboration of projects of delimitation and use of railway spaces, as well as the elaboration of the predraft budget.

(j) Expropriatory actions in the field of railway infrastructure.

k) The handling of projects of general provisions relating to railway infrastructure.

l) The representation of the Ministry of Development in international and European Union bodies related to railway infrastructure and participation in the coordination and management bodies of the corridors European railways.

m) The preparation and follow-up of protocols, agreements and conventions on concerted actions with other public administrations in the field of railway infrastructure, as well as coordination and cooperation with other administrative bodies, public entities and railway administrations.

n) Monitoring and monitoring of budget implementation and programme contracts with the railway public entities attached to the Department, without prejudice to the powers conferred on the department Directorate-General for Land Transport with regard to public entities providing railway transport services.

Two. Article 3 (2) of Royal Decree 452/2012 of 5 March 2012 reads as follows:

" 2. The following management body is responsible for the General Secretariat:

a) The Directorate General of Roads. "

Three. Article 3 (5) of Royal Decree 452/2012 of 5 March 2012 reads as follows:

" 5. It depends directly on the General Secretariat of Infrastructures, with the organic level to be determined in the relation of jobs, the Division of Studies and Coordination of Investments in Infrastructures, to which the exercise corresponds of the functions referred to in paragraph 1 (f), (g), (j) and (n). '

Four. Article 3 (6) of Royal Decree 452/2012 of 5 March 2012 reads as follows:

" 6. It is directly dependent on the General Secretariat for Infrastructures, with an organic level of general sub-direction, the General Subdirectorate for Railway Planning, to which the exercise of the functions referred to in paragraph 1 corresponds. (h), (i), (k), (l), and (m). "

Five. The current Article 3 (6) of Royal Decree 452/2012, of 5 March, is renumbered 7, maintaining its wording.

Six. A paragraph 8 is added to Article 3 of Royal Decree 452/2012 of 5 March 2012:

" 8. The State Agency for Railway Safety is attached to the Ministry of Public Works, through the General Secretariat of Infrastructures. "

Seven. Article 5 of Royal Decree 452/2012 is deleted, resulting in a change in the numbering of Articles 6 to 15 which will be numbered from 5 to 14.

Eight. New wording is given to Article 9 (1) (d) of Royal Decree 452/2012 of 5 March 2012 (Article 8 after the numbering provided for in paragraph 7 above):

" (d) The granting of authorisations and qualifying certificates for the provision of rail or road transport services which are required under either internal or European Union legislation, or international conventions signed by Spain. "

Final disposition second. Regulatory development and implementation.

The Minister of Public Works is authorized to dictate how many provisions are necessary for the development and execution of this royal decree.

Final disposition third. Entry into force.

This royal decree shall enter into force on the day following that of its publication in the "Official Gazette of the State", with the exception of the first provision, which shall enter into force on 1 April 2015.

Given in Madrid, on December 19, 2014.

FELIPE R.

The Minister of Finance and Public Administrations,

CRISTOBAL MONTORO ROMERO

STATE OF THE STATE RAILWAY SAFETY AGENCY

CHAPTER I

General provisions

Article 1. Legal nature of the State Agency for Railway Safety.

1. The State Agency for Railway Safety (hereinafter the Agency or AESF) is one of the public bodies regulated by Law 28/2006, of 18 July, of State agencies for the improvement of public services.

2. The Agency has a distinct legal personality with respect to that of the General Administration of the State, its own assets and treasury and its management and functional autonomy, within the limits laid down by Law 28/2006 of 18 July, and by the Staff Regulations.

Within the powers conferred on it by this Statute and, where appropriate, other rules, it is for the Agency to exercise the necessary administrative powers for the fulfilment of its purposes and functions, according to the Agency. applicable legislation.

Article 2. Legal framework.

1. The Agency is governed by Law 28/2006 of 18 July by the Staff Regulations and, in an additional manner, by the rules applicable to public law entities attached to the General Administration of the State.

2. In the exercise of his public powers, Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure shall apply.

3. In the exercise of its powers in matters of security, the Agency shall be governed by Law 39/2003 of 17 November of the Railway Sector and the rules which develop it, as well as by the existing Community law on security matters. railway.

The Agency assumes the powers that Law 39/2003, of 17 November, attributes to the Ministry of Promotion in the sanctioning and supervisory matters in matters of security, in the terms established in this statute.

Article 3. Principles of the Agency's action.

The Agency shall be guided by the following principles of action:

(a) Independence in its performance, in respect of the functions assigned to it in the field of safety of rail transport.

b) Competition and responsibility for the development and implementation of national and international railway safety standards, as well as in the control of procedures.

c) Promotion and dissemination of a culture of railway safety in all areas of action.

d) Quality, effectiveness, efficiency and transparency in the exercise of their functions.

Article 4. Provisions and administrative acts.

1. The Agency in the exercise of its powers may adopt:

(a) Resolutions of the President of the Agency.

b) Resolutions of the Governing Council.

(c) Resolutions, instructions, and acting protocols of the Director of the Agency.

2. The acts and resolutions adopted by the Governing Council, the President or the Director of the Agency in the development of public functions shall exhaust the administrative route, except for those in the field of taxation where they are to be used on the road economic-administrative, without prejudice, in all cases, to subsequent access to the judicial-administrative jurisdiction.

Article 5. Legal assistance.

In accordance with the fourth provision of Law 28/2006, of July 18, the legal assistance of the State Agency for Railway Safety will be carried out by the State Advocate in the Ministry of Public Works, without prejudice to the possibility that, in the context of the establishment of the management contract and in accordance with the needs of the Agency, an agreement may be concluded in accordance with the terms laid down in Law 52/1997 of 27 November 1997 on Legal Assistance to the State and Public Institutions.

Article 6. Attachment.

The Agency is attached to the Ministry of Public Works through the General Secretariat of Infrastructures.

Article 7. Headquarters.

The Agency will have its institutional headquarters in the city of Madrid.

CHAPTER II

Object and competencies

Article 8. The purpose of the State Railway Safety Agency.

The State Agency for Railway Safety, within the scope of the powers corresponding to the State and, in accordance with the authorisation of the third provision of Law 28/2006, of July 18, has the object of the detection, analysis and assessment of safety risks in rail transport. In the field of State competence, it shall exercise the functions of the authority responsible for railway safety, as set out in Law 39/2003 of 17 November, and in particular the management, inspection and supervision of safety. of all the elements of the rail system, in relation to both the infrastructure, the rolling stock, the railway staff and the railway operation. It shall also carry out the functions related to the interoperability of the State-owned railway system. It will also be for the granting, suspension and revocation of licences to railway undertakings.

Article 9. Competencies.

1. The State Railway Safety Agency shall exercise the following powers as the responsible railway safety authority:

a) Velar for the overall maintenance of safety in the circulation on the General Interest Rail Network by monitoring compliance with the obligations of the different actors in this field.

(b) Authorise the entry into service of the structural subsystems constituting the rail system and check that they maintain their requirements.

c) Monitor compliance with essential requirements by interoperability constituents.

d) Authorize the placing in service of vehicles.

e) Exorder, renew, modify or revoke the safety certificates of the railway companies, as well as monitor them later.

f) Exorder, renew, modify, or revoke the security clearances of the infrastructure administrators, as well as monitor them later.

g) Propose, develop and develop the safety regulatory framework and monitor compliance by rail system actors, as well as formulate policy proposals, guidelines and recommendations, including technical specifications of the railway subsystems.

(h) Track the objectives and safety levels through the indicators and statistics of accidents, as well as prepare reports on the safety of rail transport.

i) Organising and managing the Special Rail Register, as well as monitoring the due registration of railway staff and the registration of rolling stock and related inventories, statistics and databases with the safety of rail transport, including infrastructure inventories.

(j) Grant approval and, where appropriate, suspend and revoke it, from training centres and centres for the psycho-physical recognition of railway personnel.

k) Grant approval and, where appropriate, suspend and revoke it, maintenance centres, as well as the certification of the entities in charge of maintenance.

l) Exercise the powers of the Ministry of Public Works in the field of railway personnel, and in particular, grant, renew, suspend and revoke the licenses and titles of railway personnel, as well as propose the content of the evidence of obtaining the enabling qualifications of the railway staff, approve the minimum contents of the training programmes for the obtaining of the ratings and the conditions of psycho-physical capacity for the certification of assessment of personal fitness.

m) Attend and participate in the work groups of the European Railway Agency and other national and international organisations related to the safety or interoperability of rail transport.

n) To exercise the powers of the Ministry of Public Works in the field of transport of dangerous goods by rail.

(o) to exercise the powers which correspond to the Ministry of Public Works in relation to the defence of the public railway domain and the modification of the line of construction, without prejudice to the powers conferred on it; correspond to the railway infrastructure manager.

p) Exercise the sanctioning power in the field of railway safety.

q) All of the functions assigned to it, especially in the field of railway safety.

2. The State Agency for Railway Safety is also responsible for the granting, suspension and revocation of licenses to railway undertakings, as well as for the ratings of other candidates other than those, including the preparation and initiative of the regulatory projects in relation to the application and supporting documentation of the licences.

3. The Agency shall provide technical assistance and collaborate with the Ministry of Development in the exercise of its railway competences.

4. The powers referred to in paragraphs 1 and 2 shall not be transferred or subcontracted to any infrastructure manager, railway undertaking or contracting entity.

Article 10. Exercise of the sanctioning power and adoption of extraordinary measures.

1. The procedures for penalties for administrative offences relating to railway safety, as defined in Law 39/2003 of 17 November, shall always be initiated on their own initiative by the Director of the Agency, either on their own initiative, either as a result of higher order, reasoned request from other bodies or complaint.

It is for the Governing Council to be responsible for the imposition of very serious sanctions and it is for the Director of the Agency to be responsible for the imposition of serious and minor sanctions on these sanctions. infringements, as provided for in Law 39/2003 of 17 July.

2. The instruction of the sanctioning procedures resulting from the railway safety offences defined in Law 39/2003 of 17 November shall be the responsibility of the sub-directorates of the Agency which have the responsibility of the Agency. substantive on that subject in coordination with the division of administration.

CHAPTER III

Transparent management by objectives

Article 11. The Management Contract.

1. The Agency shall draw up the proposal for a multiannual management contract with the content and within the time limits provided for in Articles 13 and 14 of Law 28/2006 of 18 July, for approval by joint order of the Ministers for Development and Finance and Public Administrations.

2. The action of the Agency is carried out in accordance with an annual action plan, under the validity and in accordance with the relevant multi-annual management contract.

3. The Management Contract of the Agency shall be valid for four years.

4. The Management Contract shall comprise at least the following content for the period of validity:

(a) The objectives to be pursued, and the plans necessary to achieve the objectives, with the specification of the corresponding time frames and the projects associated with each of the strategies and their time frames.

b) The results to be obtained, as well as the indicators to evaluate the results obtained.

c) The framework for action in the field of human resource management, which is comprehensive in determining the staffing needs throughout the duration of the contract and the maximum staff forecast.

d) The personal, material and budgetary resources to be provided for the achievement of the objectives, establishing their multi-annual scenario.

e) The effects associated with the degree of compliance with the objectives set out in the following aspects:

-The criteria for the requirement of responsibility for managing executive and executive staff.

-The salary-mass amount intended for the productivity supplement or equivalent concept for the workforce.

(f) The procedure to be followed for the coverage of the annual deficits which, where appropriate, could be produced by insufficient real income compared to estimates and the consequences of liability in management which, where appropriate, they should be followed by such deficits.

g) The procedure for the introduction of the annual amendments or adaptations which, if necessary, proceed.

5. The President of the Agency, taking account of the Rector Council, will present the proposal of the Management Contract to the Ministry of Public Works and Finance and Public Administrations, before 1 September of the last year of the contract term previous.

Before 30 May of the same year, the Governing Council will approve the initial proposal of the new contract, and the General Budget of the State may provide a conditional envelope for the effective formalization of the new contract.

6. The approval of the Management Contract takes place by joint order of the Ministries of Public Works and Finance and Public Administrations, within a maximum period of three months from its presentation.

7. If the Management Contract is not approved within the time limits provided for in this Article, the previous Management Contract will remain in force, for which the Ministry of Finance and Public Administration will include in the General Budget of the State of the following year an envelope conditional on the approval of the contract on the basis of the initial proposal approved by the Rector Council in accordance with paragraph 5 of this article.

8. The President shall inform the Ministry of Development and the Ministry of Finance and Public Administrations of the implementation and fulfilment of the objectives of the Agency as set out in the Multi-annual Management Contract.

Article 12. The annual action plan, the activity report and the annual accounts.

1. The Director shall propose to the Governing Board for approval:

(a) The annual action plan, based on the available resources, before 1 February of each year.

(b) The general activity report for the year immediately preceding the year before 30 June of the current year.

(c) Annual accounts accompanied by the audit report, prior to 30 June of the current year.

2. The documents referred to in this Article are public, with citizens having access to their content since their approval, except for those aspects that may compromise railway safety.

3. To ensure free access to the content of these documents, they will be published on the Agency's website.

4. The Agency, through the Ministry of Public Works, shall forward annually to the General Cortes the general activity report approved by the Governing Council, concerning the tasks of the Agency and the degree of compliance with its objectives.

CHAPTER IV

Organization

Article 13. Bodies of the Agency.

The Agency is structured in governance, control, executive and operational bodies:

a) The governing bodies of the Agency are the President and the Governing Council.

(b) The Control Board is the control body of the Agency.

(c) The Executive Body of the Agency is the Director.

(d) The operational bodies are the General Infrastructure Subdirectorate, the General Secretariat for the Coordination of Railway Safety and the Management Division.

Section 1

Article 14. The President.

The President of the Agency shall be the holder of the General Secretariat for Infrastructure.

Article 15. Duties of the President.

The President holds the representation of the Governing Council, directs and presides over its meetings and will also exercise the following functions:

a) Ostend the Agency's maximum representation at both the institutional and international levels.

b) Propose to the Governing Council the appointment or separation of the Director of the Agency and the members of the Control Board.

(c) delegating powers, signing or appointing an alternate in the performance of his duties in favour of the Director of the Agency or the operational bodies of the Agency, in accordance with the provisions of Law No 30/1992, of 26 June 1992, November, as well as conferring general or special powers on individuals or individuals.

d) Represent the Agency in the actions related to its assets and property rights, and may delegate this function expressly to other bodies or officials of the Agency, taking account of the Rector Council.

e) Present to the Governing Council the proposal for a multi-annual management contract, prior to its approval by the Ministers for Development and Finance and Public Administrations.

f) Report to the Ministries of Public Works and Finance and Public Administrations on the implementation and fulfilment of the objectives set out in the Management Contract.

g) To give the annual accounts to the Court of Auditors, through the General Intervention of the State, in accordance with the budgetary rules.

(h) To appear before the Congress of Deputies and the Senate, at their request, in order to report on the development of the Management Contract and other aspects of the management of the Agency and to refer to the General Courts or the parliamentary committees which correspond, through the Minister for Public Works, to the general activity report adopted by the Rector Council, concerning the Agency's tasks and the degree of compliance with its objectives.

i) Perform how many other functions are attributed to you by legal or regulatory rule.

j) All other powers that correspond to him as the President of a collegiate body as provided for in Article 23 of Law 30/1992, of 26 November.

Article 16. Composition of the Governing Board.

1. The Governing Council is the agency's collegiate governing body.

2. The Rector Board shall be composed of the President of the Agency, who shall also be the President of the Council, the Directors and the Registrar.

3. The Director of the Agency is a member of the Governing Council. The other members shall be appointed and separated by the Minister for Public Works and shall be appointed as follows:

(a) Four shall be appointed by the holder of the Ministry of Public Works, among officials, with a minimum rank of Director General, and independent professionals with experience in the field of the railway or management sector public.

(b) Two shall be appointed by the holder of the Ministry of Finance and Public Administrations, with a minimum rank of Director General.

(c) One shall be appointed by the holder of the Ministry of Economy and Competitiveness, with a minimum rank of Director General.

(d) One shall be appointed by the holder of the Ministry of Industry, Energy and Tourism, with a minimum rank of Director General.

4. The Secretary is part of the Rector Council and will attend his sessions with a voice but no vote.

5. The members of the Governing Council shall keep due regard to the matters of which they are known as members of that body.

6. In the case of a vacancy, absence or illness of the President, the President of the Governing Council shall be the President of the Council of the highest rank of those referred to in paragraph 3, or equal rank, the oldest in the position of Counsellor. Equal rank and seniority, he will assume the presidency the oldest.

7. The remuneration scheme for the maximum responsible and managerial staff of the Agency will be subject to the provisions of Royal Decree 451/2012 of 5 March 2012 regulating the remuneration of the maximum responsible and managers in the sector business public and other entities,

8. The designation of the members of the Governing Council shall be in accordance with the principle of the balanced presence of women and men.

Article 17. Functions of the Rector Board.

1. The Governing Council is responsible, in accordance with the Staff Regulations and in accordance with the provisions of the legislation in force, for the following functions:

(a) The monitoring, supervision and control over the Agency's performance.

(b) The adoption of the proposal for the Agency's multiannual management contract, as well as the adoption of the annual objectives and action plans, the quantitative and qualitative criteria for measuring compliance with those objectives objectives and the degree of efficiency in the management and approval of quality policies, all within the framework of the provisions of the Management Contract.

c) Approval of the Agency's preliminary draft budget.

d) The proposal to the Minister for Finance and Public Administrations, at the initiative of the Director of the Agency, for changes in the overall amount of the budget and those affecting staff expenditure, in accordance with the Article 27.3.a) of Law 28/2006 of 18 July.

e) The appointment of the Director of the Agency, the control of the Agency's management and the requirement of the responsibilities to be carried out.

(f) The approval of the general activity report for the previous year, and of how many extraordinary ones it deems necessary for the management, assessing the results obtained and recording the deficiencies observed.

g) The approval of the Agency's annual accounts and the management report and the implementation of results, on a proposal from the Director.

h) The determination of the criteria for the selection of the Agency's staff.

i) The approval of the workforce and the employment relationship of the Agency and the preparation of the Agency's annual employment offer for inclusion in the offer of State public employment, according to with what is set in the Management Contract.

j) The appointment and termination, on a proposal from the Director, of the members of the Agency's bodies and of the other management staff.

(k) The determination, on a proposal from the Director, of the criteria and percentages applicable to the remuneration as a performance incentive to be perceived by the management staff of the Agency, within the framework of the management.

(l) The approval of the internal rules for the operation, organic development and adoption of agreements of the Governing Council itself and of the Agency as otherwise provided for in this Statute, in accordance with the framework of action set out in the Management Contract.

m) The exercise of the actions and the resources that correspond to the entity in defense of its interests before the Public Administrations and the judicial bodies of any order or jurisdiction, without prejudice to the provisions of the Article 20 (c) of Law 29/1998 of July 13, Regulatory of Jurisdiction-Administrative Jurisdiction.

(n) The authorisation of credit operations and other borrowing operations which the Agency may agree with in accordance with this Statute.

or) The approval, on a proposal from the Director and prior to the authorization of the Ministry of Public Works, of the amount of the prices and other non-tax revenues that the Agency is authorized to charge.

p) Agree to the establishment or participation of the Agency in the social capital of any class of commercial companies or foundations that are related to its activities, as provided for in Article 39.

q) The approval of agreements, covenants and agreements that it deems appropriate or necessary for the realization of the purposes of the Agency.

r) Agreed to the lease and acquisition of real estate and the constitution of real rights, prior to the favorable report of the Ministry of Finance and Public Administrations.

s) The approval of the inventory of goods and rights in accordance with the provisions of Law 33/2003 of 3 November of the Heritage of Public Administrations.

t) The declaration of unnecessariness of the goods and rights attached to the Agency that are unnecessary for the fulfillment of its purposes, proposing to the Ministry of Finance and Public Administrations its disaffection and, in the case of being affected, its disposal in accordance with the provisions of Law 33/2003 of 3 November. The amounts exceeding EUR 20,000,000 shall be authorised by the Council of Ministers, on a proposal from the Ministry of Finance and Public Administrations.

u) The others attributed to it in Law 28/2006, of July 18, in this statute or in other provisions.

2. The Governing Council may agree to the formation of working groups composed of independent experts, for the study and report of such matters as it may determine. The agreement of the constitution shall determine the scope, duration and composition of those groups, as well as the conditions of remuneration of the members, if any.

Article 18. Convening and quorum of the Governing Council.

1. The Governing Council shall meet, after convening the President and on his own initiative or at the request of at least half of the members, as many times as is necessary for the development of the Agency's functions and at least six times a year. year.

2. The Board of Rector shall be convened by the Registrar in writing at least forty-eight hours in advance, taking the order of the day for the matters to be dealt with.

3. For the valid constitution of the Governing Council, in addition to the President and the Secretary or those who replace them, half of the members shall be present or represented on the first call and, on the second call, the third party of the same. The first and second convocation shall include at least the one-hour time limit.

4. They may attend the meetings of the Governing Council, with a voice but without a vote, all persons who are convened by its President, as experts of the subjects on the agenda.

5. The functioning of the Rector Board shall be in accordance with the provisions of Law 28/2006 of 18 July and, as not provided for in Law 28/2006, the scheme provided for in Law 30/1992 of 26 November for the collegiate bodies.

Article 19. Adoption of agreements.

The agreements of the Governing Council shall be taken by a majority of the votes of its members, present or represented. In the event of a tie, the President shall have a vote of quality.

Article 20. The Secretary.

The Governing Council shall appoint and separate, on a proposal from the President, a Secretary to be appointed among the staff providing services at the Agency. The Secretary shall be responsible for the functions referred to in Article 25 of Law 30/1992 of 26 November.

Section 2. Control Organ

Article 21. Commission of Control.

1. The Control Board is the control body of the Agency. The Commission shall be composed of the following members:

a) Three Vocals, elected by the Rector Council among its members.

b) A President, elected by the Vocals of the Commission, and among its members.

c) A Secretary, who will be the Rector's.

2. The members of the Control Commission shall not be responsible for management in the Agency.

3. The Financial Controller at the Agency may attend the meetings of the Control Committee, with a voice but no vote.

Article 22. Functions of the Control Board.

It is for the Control Board to report to the Governing Council on the implementation of the management contract and, in general, on all aspects relating to the economic and financial management of the Council itself, for what you should:

(a) Elaborate for the Governing Board, with the periodicity that it decides, and at least once a semester, reports on the development and execution of the Management Contract.

b) Monitor the procedure and systems for drawing up the management and financial information to be submitted to the Rector Board.

c) Review the annual accounts to be submitted to the Governing Board in accordance with applicable regulations.

d) Verify compliance with the rules and deadlines relating to both the annual accountability and other information to be provided for their membership of the public sector, as well as those referred to in the Management Contract.

e) To monitor compliance with budgetary rules in the preparation of the budget, as well as in its implementation through the control of the monthly budget execution statement referred to the Control Committee.

f) Analyse all the economic-financial management reports issued by the bodies referred to in Article 48 of the Staff Regulations and propose to the Governing Council the strategies to correct the weaknesses which could be exposed.

g) Collaborate in the formulation of a standardised, simple and clear framework for communication of financial and management information that should be regularly submitted to the Governing Council for the regular assessment of the level of compliance with the Management Contract.

Article 23. Operation of the Control Board.

1. The Control Board shall meet at least four times a year and whenever its President considers it appropriate.

2. The operation and arrangements applicable to the Control Board shall be in accordance with the arrangements laid down in Law 30/1992 of 26 November for the collective bodies.

Section 3. Executive and operational organs

Article 24. The Director of the Agency.

1. The Director is the Executive Body of the Agency and is responsible for the management and management of the Agency.

2. The Director of the Agency shall be appointed by the Governing Board on a proposal from the President among higher graduates, on the basis of criteria of professional competence and experience. The Director of the Agency shall have the consideration of a high office for the purposes of the provisions of Law 5/2006, of 10 April, of Regulation of Conflicts of Interests of Members of the Government of the Nation and of the High Charges of Administration General of the State and its development provisions, as well as for remuneration purposes, in accordance with the provisions of the law of the General Budget of the State.

Article 25. Duties of the Director of the Agency.

1. As the executive body of the Agency, the Director is responsible for the following tasks:

(a) Carry out the management and day-to-day management of the Agency, ensuring that the objectives set out in the Management Contract are met and in accordance with the guidelines for action set by the Ministry of Public Works, Ministry of affiliation.

b) Develop the Management Contract project.

c) Submit to the Governing Council, for approval, the annual action plans and the general activity report of the previous year.

d) Formulate the Agency's annual accounts and propose its approval to the Governing Council.

e) Develop the preliminary draft annual budgets.

f) Run the Agency's budget.

g) To exercise the initiative for the authorization of budgetary variations by the Minister of Finance and Public Administrations, or to authorize budgetary variations, as provided for in Article 27.3 of the Law 28/2006, dated July 18.

(h) Organise, monitor, liquidate and monitor the application of public prices, fees and charges that the Agency is authorised to charge and manage, in order to achieve effective and responsible management.

i) Exercise the top leadership of all Agency staff and disciplinary authority by resolving disciplinary files.

j) Exercise internal control functions of the Agency.

k) Provide the jobs for the Agency's staff and staff, by resolving the calls for jobs of civil servants and by hiring staff.

(l) Develop the establishment plan and the employment relationship of the Agency within the framework of action in the field of human resources to be established in the Management Contract and propose its approval to the Council Rector.

m) Develop the forecast of staffing needs to be incorporated into the Agency's annual job offer.

n) Propose to the Governing Council the appointment and cessation of the organs and other management personnel.

o) Approve and commit expenses, as well as acknowledge and pay obligations, giving account to the Rector Board.

p) Approve the expenditure increases financed with remaining credit from the previous financial year, in the terms that are stable in Article 27.4 of Law 28/2006, of July 18.

(q) Exercise the relevant assets of the Agency, without prejudice to those conferred on the Governing Council.

r) Develop the Agency's inventory of goods and rights for annual approval by the Governing Council.

s) Resolving those issues that affect multiple operational addresses simultaneously.

t) Promote appropriate coordination with all actors in the rail sector within the scope of their competencies.

u) the exercise of the powers referred to in Article 9 of the Staff Regulations and any other functions in matters of competence of the Agency which have not been expressly attributed to another body.

v) to perform the other powers and functions assigned to it by the Staff Regulations and any other applicable rules, as well as those delegated to it by the President or the Governing Council.

2. They may be delegated to the operational bodies of the Agency, the powers corresponding to the Director, other than those provided for in paragraphs (a), (c), (d), (g), (i), (j), (l), (n), (p) and (s) and those which are by law or by their own nature. nature would not be susceptible to delegation.

3. In addition, the Director of the Agency may be able to inform him, in order to be aware of matters whose resolution corresponds, ordinarily or by delegation, to his dependent administrative bodies, as provided for in Law No 30/1992, of 26 May 1992. November.

4. In the exercise of its powers, the Director of the Agency may agree to the setting up of working groups for the study and report of those matters to be determined. The agreement of the constitution shall determine the scope, duration and composition of those groups.

5. In the case of a vacancy, absence or illness, the holder of the Agency's Directorate shall be replaced by the holders of the operational bodies listed in Article 26.1 of this Statute, in the order in which they are listed.

Article 26. Operational organs.

1. The operational bodies of the Agency shall be as follows:

(a) General Infrastructure Subdirectorate, which is responsible for the exercise of the functions related to the issuance of security clearances for infrastructure managers and their subsequent supervision, as well as with all related to fixed infrastructure and equipment. In particular, it shall carry out the tasks referred to in Article 9.1 (a), (b), (c), (f), (g), (h) and (p) in the field of its tasks.

(b) Deputy Director General of Railway Safety Coordination, in charge of the performance of the functions related to the issuing of railway undertakings ' licences and safety certificates and their subsequent supervision, ratings for candidates other than railway undertakings, as well as for all related rolling stock, maintenance and railway staff and their associated centres.

It will also be in charge of the overall monitoring of the safety of the rail system, through the safety reports and the evaluation of the safety indicators. It shall also carry out the tasks of the Agency concerning the railway operation and the security systems. It shall make proposals for regulation in the field of railway safety and shall coordinate the development of procedures for technical operation, as well as the external representation of the Agency. He will also be responsible for the management of the Special Rail Register and the handling of procedures for dangerous goods. In particular, it shall carry out the tasks referred to in paragraphs (a), (c), (d), (e), (g), (h), (i), (j), (k), (l), (m), (n) and (p) of Article 9.1, in the field of its powers and, where appropriate, in cooperation with the Infrastructure Sub-Directorate and the Article 9.2.

2. In addition, the Agency shall have a Division of Administration, directly dependent on the Director of the Agency, who shall carry out tasks in support of the Directorate and the Governing Board, as well as the management functions entrusted to it.

Article 27. Development of the structure.

The Governing Council may develop and delimit the functions and competencies of the organizational units with a lower rank than the organs contained in this statute, in accordance with the provisions of this Statute and the Contract management.

CHAPTER V

Staff Regime

Article 28. General principles.

1. The staff of the Agency shall be composed of official and labour staff. The official staff is governed by Law 7/2007, of April 12, of the Basic Staff Regulations, and other regulatory regulations of the public officials of the General Administration of the State. The work force is governed by the recast text of the Law of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995, of March 24, and by the rest of the labor regulations. The staff of the Agency shall also be subject to the specialties provided for in Law 28/2006 of 18 July and in this Statute.

2. The posts may be provided, in accordance with the various procedures laid down in Articles 19, 20 and 23 of Law 28/2006 of 18 July, by staff of the General Administration of the State or, where appropriate, other administrations. public, when this is provided for in the corresponding working relationships.

Article 29. Incompatibilities.

The staff of the Agency shall be subject to the incompatibilities established in Law 53/1984 of 26 December of Incompatibilities of Personnel to the Service of Public Administrations.

Article 30. Selection procedure.

1. In the period provided for in the Management Contract, the Agency shall determine its needs for new revenue to be met by selective testing. Approved the Management Contract, the forecast of staffing needs will be incorporated into the proposal of the Agency's annual offer of employment, which will be integrated in the offer of public employment of the General Administration of the State, in accordance with the to establish the State General Budget Law.

2. The Agency will be selected by its own national selection bodies on the basis of the principles of equality, merit, capacity and publicity, as well as access to the public employment of persons with disabilities. agreement with the provisions of the collective agreement that is applicable to it.

3. For the selection of the official staff, the calls shall be made by the Ministry to which the corresponding Bodies or Scales are attached, or exceptionally by the Agency itself, by means of the corresponding subscription an agreement with the Ministry of Public Works in the case of Bodies or Scales attached to that Ministry.

Article 31. Management of jobs.

The Agency shall have its own staff establishment and employment relationship, approved by the Governing Council, within the framework of action which, in the field of human resources, is established in the Management Contract.

On a general basis, the jobs will be performed by career civil servants. In addition, the employment relations shall indicate the positions which, where appropriate, may also be carried out by labour personnel. In any event, the employment relationship shall take into account the provisions of Article 9.2 of the Basic Staff Regulations.

Article 32. Provision of jobs.

The Agency shall draw up, convene and resolve the corresponding calls for the provision of official staff positions, in accordance with the general principles and provision procedures laid down in the public function regulations of the General Administration of the State.

Article 33. Remuneration scheme.

1. The remuneration concepts of the official staff and the Agency are those laid down in the public service rules of the General Administration of the State, and their amounts shall be determined in the relevant framework of the Management Contract, compliance with the provisions laid down in that legislation and in the general budget laws of the State.

2. The remuneration of staff shall be determined in the light of the collective agreement of implementation and the respective employment contract, and their amounts shall be fixed in accordance with the terms of the management contract.

3. The amount of the wage bill for the productivity supplement, or equivalent concept of the labour force, is in any case linked to the degree of compliance with the objectives set out in the management contract, according to the the procedure to be determined.

4. By establishing and implementing a performance assessment system, the Agency's staff may receive a share of their remuneration as a variable remuneration, associated with their contribution to the objectives referred to in the above, without in any case being able to exceed the amount of the mass determined in accordance with the procedure laid down in the Management Contract.

Article 34. Managerial staff.

1. It is considered to be managerial staff to whom it develops professional managerial functions through the occupation of jobs of special responsibility, technical competence and relevance of the assigned tasks.

2. The management staff of the Agency is made up of the heads of the sub-directorates-general and the division.

3. The management staff of the Agency is appointed and terminated by the Governing Council, on a proposal from the Director, among career officials of any of the Public Administrations belonging to Bodies or Escalas included in Subgroup A1, on the basis of the criteria of professional competence and experience, as well as the criteria laid down in Article 23.2 of Law 28/2006 of 18 July.

4. The selection process may be carried out by specialized personnel selection bodies, which will formulate a reasoned proposal, including three candidates for each position to be filled, and must respect the principles of merit throughout the process, capacity and advertising.

5. The management staff are subject, in the development of their tasks, to evaluation according to the criteria of effectiveness, efficiency and compliance with the legality, responsibility for their management and control of results in relation to the objectives have been fixed to you.

6. The management staff shall receive part of their remuneration as an incentive for performance, by means of the corresponding supplement which values the fulfilment of the objectives set, in accordance with the criteria and percentages laid down by the Governing Council, on a proposal from the Director, within the framework of the Management Contract.

CHAPTER VI

Wealth, financial and hiring regime

Section 1. Heritage and hiring

Article 35. Estate regime.

1. The Agency has, for the purposes of its purposes, its own patrimony, other than that of the General Administration of the State, consisting of the set of assets and rights of which it is a holder. The Agency shall also be assigned to the Agency for the fulfilment of its purposes the assets of the State of any ownership that is agreed upon.

2. The management and administration of the property and its own rights, as well as those of the State Heritage which are assigned to it for the purposes of its purposes, shall be exercised in accordance with the provisions of the Staff Regulations, subject in any case to the established for public bodies in Law 33/2003 of 3 November and its implementing legislation.

Article 36. Legal regime for own property.

The Agency may acquire all kinds of goods and rights for any of the modes admitted to the legal system.

The acquisition of real estate or property rights will require the prior favorable report of the Ministry of Finance and Public Administrations.

Article 37. Legal status of property attached.

The management and dispossession of goods by the General Administration of the State shall be governed by the legislation of the patrimony of the public administrations, retaining their qualification and ownership. (a) legal protection, protection, administration, conservation, maintenance and other actions required by the Agency for the exercise of demanial powers and corresponding to the Agency for the exercise of demanial powers; use of the same and how many prerogatives relating to public domain and property State assets are legally established.

Article 38. Inventory.

The Agency, through its Director, will form and maintain its inventory of goods and rights, both own and attached, with the exception of those of a fungible nature in the form established in Law 33/2003, of 3 of November. The inventory shall be updated annually with reference to 31 December and shall be submitted for approval by the Governing Council in the first quarter of the following year.

Article 39. Participation or creation of companies and foundations.

1. For the best performance of its purposes, the Agency may establish or participate in commercial companies or foundations whose purpose is in accordance with the objectives of the Agency.

2. The approval of the proposal for participation must be approved by the Rector Council, and if appropriate, it must be subject to the authorization provided for in Article 169 of Law 33/2003, of 3 November, or in Article 45 of Law 50/2002, of 26 of December, of Foundations, according to whether they are state mercantile societies or state public sector foundations.

Article 40. Recruitment.

1. The Agency shall adjust its contractual activity to the rules governing procurement in public administrations.

2. The Director shall be the contracting authority of the Agency and may delegate the conclusion of contracts to the Head of the Management Division.

Section 2. Financial-Economic Media

Article 41. Funding.

1. The State Agency for Railway Safety will be funded by the following resources:

(a) Transfers entered in the General Budget of the State.

(b) Your own income as a consideration for the activities that you may carry out under contracts, agreements, arrangements, or legal provision, for other public, private or natural persons.

c) The disposal of movable property and securities constituting its assets.

d) The returns on assets and securities that constitute their assets.

e) The income from the liquidation of public prices and charges resulting from the performance of their activities, as well as those from the fees affected by the Agency.

(f) The product of the penalties to be levied pursuant to Law 39/2003 of 17 November in the field of the Agency's own powers.

g) Voluntary contributions, donations, inheritances and legacies, grants and other contributions free of charge from private and private entities.

(h) The contributions which are granted in their favour from specific funds of the European Union, other public administrations and any public authorities.

i) Revenue received from natural or legal persons as a result of sponsorship of activities or facilities.

j) Other public or private law income that you are entitled to receive.

2. The resources referred to in paragraphs (b), (g) and (i) of the previous paragraph and not initially provided for in the budget of the Agency may be used, by means of a decision of the Director, to finance higher expenditure, with the exception of provided for in Article 43.3 in respect of staff costs.

3. The Agency may use the administrative award procedure for the effectiveness of its claims in the form of public law revenues and through its own services.

In addition, the State Administration of Tax Administration may agree to the collection of these revenues in the form provided for in the General Rules of Collection, approved by Royal Decree 939/2005, 29 of July.

4. The Agency assumes the management and collection of the revenue from public law which is affected and, in particular, the management and voluntary collection of the fees for the provision of services and the carrying out of its activities. competition established in Law 39/2003 of 17 November, in accordance with the provisions of Law 8/1989 of 13 April 1989 on Public Fees and Prices and other applicable provisions.

It is also up to the Agency to manage and collect revenue from penalties resulting from infringements of railway legislation whose competence is attributed to it.

This will result from application of the Law 58/2003 of December 17, General Tax, and its implementing legislation, as well as Law 47/2003, of November 26.

5. To the extent that the Agency has the capacity to generate sufficient own resources, the Agency may be financed by obtaining loans granted from the appropriations provided for in Chapter VIII of the General Budget of the State, awarded in accordance with public procurement procedures, intended to finance research and development projects.

Article 42. Indebtedness.

The Agency may not resort to borrowing except in the case of temporary cash flows, in which the Agency may make use of the procurement of credit or loan policies, provided that the outstanding balance does not exceed five per percent of your budget.

CHAPTER VII

Economic management and control

Article 43. Budgetary regime.

1. The Governing Council shall approve its preliminary draft budget annually and forward it, through the Ministry of Public Works, to the Ministry of Finance and Public Administrations, in accordance with the provisions of the Management Contract and the Article.

2. The structure of the Agency's budget shall be established by the Ministry of Finance and Public Administrations, as well as the documentation to accompany it.

3. The expenditure budget of the Agency shall be limited by its overall amount and estimate for the distribution of appropriations in economic categories, with the exception of expenditure on staff expenditure in any case they are limited and binding for their total amount.

4. The remaining appropriations resulting from the liquidation of the financial year not affected by the financing of the budget for the following financial year may be applied to the revenue budget and shall be used to finance expenditure increases, taking into account the provisions of the previous paragraph, by agreement of the Director to be given to the Control Board. The deficit resulting from the non-compliance with the annual revenue estimates is offset in the form provided for in the Management Contract.

5. The budgetary changes shall be:

(a) to the Ministry of Finance and Public Administrations, changes in the overall amount of the budget and those affecting staff expenditure, at the initiative of the Director and on a proposal from the Governing Council, except those provided for in the next section.

(b) The Director shall be responsible for the remaining changes even in the overall amount when they are financed from resources derived from Article 41.2 above the initially budgeted and there are sufficient guarantees of its effectiveness, giving immediate account to the Control Committee, as well as to the Directorate-General for Budgets of the Ministry of Finance and Public Administrations, for its reason.

Article 44. Budget execution.

The implementation of the Agency's budget is the responsibility of the Director, who will forward a monthly budget implementation statement to the Control Commission.

Article 45. Economic exercise.

The financial year will be computed for annual periods, beginning on 1 January of each year.

Article 46. Accounting system and economic information.

1. The Agency shall apply the public accounting principles provided for in Article 122 of Law 47/2003 of 26 November 2003, as well as the development of the principles and rules laid down in the General Public Accounting Plan, with the aim of to ensure the proper reflection of the operations, costs and results of their activities, as well as to provide data and information with economic significance.

2. The criteria for the implementation of the Agency's accounting rules correspond to the General Intervention of the State, in accordance with the terms of the budgetary legislation.

3. The Agency shall have:

a) An economic information system that:

(i) Show, through states and reports, the true image of the heritage, the financial situation, the results and the execution of the budget.

(ii) Provide cost information about your activity that is sufficient for correct and efficient decision making.

(b) A management accounting system that enables the monitoring of compliance with the commitments made in the Management Contract.

4. The Agency shall observe the functional requirements and, where appropriate, the IT procedures, which shall, in effect, establish the General Intervention of the State in accordance with the provisions of Article 125 of Law 47/2003 of 26 November.

Article 47. Annual accounts.

1. The annual accounts of the Agency shall be drawn up by the Director within three months of the end of the financial year. Once the accounts have been audited by the General Intervention of the State Administration, they shall be subject to the approval of the Governing Council by 30 June of the following year to which they relate.

2. The accounts approved by the Rector Board shall be submitted to the Court of Auditors through the General Intervention of the State Administration. The referral to the General Intervention shall be made within seven months of the end of the financial year.

Article 48. Control modes.

1. The external control of the Agency's economic and financial management corresponds to the Court of Auditors, in accordance with its specific rules.

2. The internal control of the economic and financial management of the Agency corresponds to the General Intervention of the State Administration, and will be carried out under the modalities of permanent financial control and public audit, under the conditions and in the terms laid down in Law 47/2003 of 26 November. The permanent financial control shall be carried out by the Delegation in the Agency, under the organic and functional dependence of the General Intervention of the State Administration.

3. Without prejudice to the control set out in the preceding number, the Agency shall be subject to effective control, which shall be exercised, by means of the management contract, by the Ministry of Public Works. This control is intended to check the degree of compliance with the objectives and the proper use of the resources allocated.