Order MAM/1236/2004, dated 4 May, with a delegation of powers, was established on a transitional basis until the basic organic structure of the Ministry of the Environment was developed. The Royal Decree 1477/2004 of 18 June 2004 establishing the organic structure of the Ministry and the competence of its management bodies, taking into account the experience acquired in the application of that Order, is made a new Order for the delegation of powers, which will update certain aspects for reasons of efficiency, agility and coordination of services. Consequently, in accordance with the provisions of Article 13 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, as amended by Law 4/1999, of January 13, and with the limitations on it, determined:

First. Recruitment. 1. The powers which correspond to the Minister for the Environment as a contracting authority, as well as the powers conferred upon them by Article 74.1 of the General Budget Law, are delegated, without prejudice to the provisions of the (a) under the headings 2 to 5 of this paragraph, in the following terms: 1.1 Subsecretariat: 1.1.1 In the Technical General Secretariat, for contracts the amount of which does not exceed EUR 2,000,000.

1.1.2 Under the Subsecretariat for the Environment, for contracts the amount of which does not exceed EUR 4,500,000, except as set out under heading 1.1.1.

1.2 General Secretariat for Territory and Biodiversity: 1.2.1 In the Director General of Water, for contracts the amount of which does not exceed EUR 4,000,000.

1.2.2 In the Director General of Costs, for contracts the amount of which does not exceed EUR 3,000,000. 1.2.3 In the Director-General for Biodiversity, for contracts the amount of which does not exceed EUR 2,000,000. 1.2.4 In the Secretary-General for Territory and Biodiversity, for contracts the amount of which does not exceed EUR 8,000,000, except as set out in the headings 1.2.1, 1.2.2 and 1.2.3.

1.3. General Secretariat for the Prevention of Pollution and Climate Change:

1.3.1 In the Director General of Quality and Environmental Assessment, for contracts the amount of which does not exceed EUR 2,000,000.

1.3.2 In the Director General of the National Institute of Meteorology, for contracts the amount of which does not exceed EUR 2,000,000. 1.3.3 The Secretary-General for the Prevention of Pollution and Climate Change, for contracts the amount of which does not exceed EUR 4,500,000, except as set out in the headings 1.3.1. and 1.3.2.

2. Whatever the value of the contracts, the preparatory and development, implementation and settlement of the contracts are delegated in the following terms:

2.1 In the Directors-General of the Department, those referred to: 2.1.1 The technical and definitive approval of the preliminary projects and projects.

2.1.2 The initiation of procurement files, the classification which, if any, should be required of the contractors, the approval of the technical specifications. 2.1.3 The appointment of the Recruitment Bureau. 2.1.4 The authorisation to draft modifications of projects and the technical approval of the projects where the additional, if any, does not exceed 20 per 100 of the budget of the contract. 2.1.5 The approval of final certifications and settlement of contracts, the additional of which does not exceed 10 per 100 of the contract price and corresponds to modifications whose inclusion in the final certification or settlement is authorized in accordance with Article 160 of the General Rules of the Law on Public Administrations, approved by Royal Decree 1098/2001 of 12 October 2001.

2.2. In the case of the Deputy Directors-General of the various management centres, those referred to: 2.2.1 The approval of certificates of good account in the development of contracts; the "firm" and supporting accounts corresponding to expenditure approved, as well as the recognition of the obligation and the proposal for payment resulting therefrom.

2.2.2 The authorisation for the contract notice for contracts and for the decisions for which the awards of contracts are made public. 2.2.3 The approval of work programmes, the granting of extensions of the contractual period in the cases provided for in the General Regulations of the Public Administrations Law and in the documents of administrative clauses (i) special provisions, provided that they do not alter the approved annuities, as well as the technical approval of price review files. 2.2.4 The approval of settlement of contracts, which do not produce additional on the approved budget. 2.2.5 The return of sureties, where applicable in each case under the law of contracts, provided that there has not been a claim against the contract of any kind, except as provided for under heading 3.2.

2.3. In the case where the relevant management centre does not have an organ with competence in the subjects to be delegated under this heading, the delegation shall be understood to be the body of the immediate superior to which it is mentioned.

3. They are delegated to the Heads of the Peripheral Services of the Coast, in respect of the contracts that are developed in their territorial scope.

3.1 The formalisation in administrative document of contracts whose conclusion would have been previously authorised, and once they have been awarded by the competent body, provided that their amount does not exceed EUR 2,000,000.

3.2 The return of bonds formed when in each case proceeds according to the law of contracts and provided that against the same there has been no claim or embargo of any kind.

4. Upon acceptance in accordance with the additional provision of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, they are delegated to the Presidents of the Hydrographic Confederations and to the Directors of the Commonwealth of the Taibilla Channels and the Machinery Park, in relation to the contracts that are not financed from the budgets of those agencies, the privileges on preparatory and implementing actions the contracts listed below:

4.1 For contracts of any amount relating to works, supplies, consultancy and assistance, any one that is the award procedure. 4.1.1 Administrative actions preparatory to the contract. a) Redaction of base sheets, studies, preliminary projects, draft plans and projects, once authorized by the Directorate General of Water.

b) Realization of the prior review of the work and subscription of its corresponding record, as well as the issuance of the accreditative certification of the full possession and the actual disposition of the necessary lands for the normal performance of the contract and the feasibility of the project. (c) Supervision of projects, where the project is required, the technical approval of which has been delegated in accordance with this heading. (d) The opening of public information files.

4.1.2 Administrative acts relating to the performance of the contract. (a) Subscription of the review report.

b) Optional management of the works or studies, with the functions detailed in the current regulations for the constructive process of the work or the conduct of the study. c) Subscription of receipt minutes. (d) Drafting and proposal for the approval of settlements. (e) Drafting and proposal for the approval of the amendments to the contract and of the projects of complementary works once authorised by the contracting authority and the opening of all generic or specific incidents during the Contract duration (suspensions, extensions, transfers, allowances and termination of the contract).

4.1.3 Corresponding, in any case, to the competent contracting authority of the Ministry of the Environment, the approval of the expenditure and the proposals for payments resulting, where appropriate, from the actions referred to in the paragraphs previous. 4.2. For works and supplies contracts, the budget of which does not exceed EUR 2,000,000 and for consultancy and assistance whose budget does not exceed EUR 150 000. 4.2.1. The authorization to draw up bases, projects and projects.

4.2.2. The authorisation to open the public information files, where necessary. 4.2.3. The technical approval of bases, projects and projects which do not require the processing of public information, or where this is necessary, have not been submitted. 4.2.4. The authorization to draw up amendments, as well as their technical approval, where the additional, if any, does not exceed 20 per 100 of the budget of the contract. 4.2.5. The technical approval of the liquidations of contracts, the additional of which, if any, does not exceed 10 per 100 of the price of the contract and corresponds to amendments whose inclusion in the settlement is authorised in accordance with Article 160 of the General Regulations of the Law of Contracts of Public Administrations.

5. Upon acceptance in accordance with the additional provision of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, they are delegated to the Presidents of the Hydrographic Confederations. the powers of the Minister for the Environment as a contracting authority, whatever their nature, which are necessary for the carrying out of the declared emergency and administrative works, to be carried out in the field of such bodies.

Second. Collaboration agreements. The subscription of collaboration agreements with public or private entities is delegated in the following terms:

1. In the Directors-General of the Department, for collaboration agreements the amount of which does not exceed EUR 2,000,000.

2. In the Department's Secretariat, in the Secretary General for Territory and Biodiversity and in the Secretary General for the Prevention of Pollution and Climate Change, for collaboration agreements whose value exceeds EUR 2,000,000 and not exceed EUR 4,500,000. The cooperation agreements to be concluded with the Autonomous Communities are exempted from this delegation.

Third. Management and implementation of the budget.

1. With the exception laid down in the first paragraph of this Order, the powers conferred on the Minister by Article 74.1 of the General Budget Law are delegated, without prejudice to the provisions of the headings 2 to 5, in the following terms: 1.1 Under-Secretary: 1.1.1 At the Technical General Secretariat, up to EUR 2,000,000.

1.1.2 In the Subsecretariat for the Environment, where the amount does not exceed EUR 4,500,000, except as set out in heading 1.1.1.

1.2. Secretary General for Territory and Biodiversity: 1.2.1 In the Director General of Water, up to the amount of 4,000,000 euros.

1.2.2 In the Director General of Costs, up to the amount of EUR 3,000,000. 1.2.3 The Director General for Biodiversity, up to the amount of EUR 2,000,000. 1.2.4 In the Secretary-General for Territory and Biodiversity, where the amount does not exceed EUR 8,000,000, except as set out in the headings 1.2.1, 1.2.2 and 1.2.3.

1.3. General Secretariat for the Prevention of Pollution and Climate Change: 1.3.1 In the Director General of Quality and Environmental Assessment, up to the amount of 2,000,000 euros.

1.3.2 In the Director General of the National Institute of Meteorology, up to the amount of 2,000,000 euros. 1.3.3 The Secretary-General for the Prevention of Pollution and Climate Change, where the amount does not exceed EUR 4,500,000, except as set out in the headings 1.3.1 and 1.3.2.

2. The powers conferred on the Minister for the authorisation of the relevant accounting documents are delegated to the following management bodies:

2.1 Sub-secretariat: 2.1.1 At the Technical General Secretariat, for the appropriations of Service 02.

2.1.2 Under the Subsecretariat for the Environment, for the appropriations of Service 01.

2.2 General Secretariat for Territory and Biodiversity: 2.2.1 In the Assistant Director General for Economic Programming, for the appropriations of Service 05.

2.2.2 In the Subdirector General for the Sustainability of the Coast, for the credits of Service 06. 2.2.3 In the Sub-Director General of Coordination and Data Bank of Biodiversity, for the appropriations of the Service 09. 2.2.4 In the Secretary General for Territory and Biodiversity, for the appropriations of Service 04.

2.3 General Secretariat for Pollution Prevention and Climate Change: 2.3.1 In the Director General of Quality and Environmental Assessment, for the appropriations of Service 08.

2.3.2 In the Assistant Director General for Administration and Management, for Service 03 credits. 2.3.3 In the General Secretary for the Prevention of Pollution and Climate Change, for the appropriations of Service 07.

3. The powers that correspond to the holder of the Department concerning the granting of aid and grants in accordance with the provisions of Law 38/2003 of 17 November, General of His Interventions and within the available appropriations, delegate the following terms: 3.1 Sub-secretariat: in the Environment Secretariat, where the amount does not exceed EUR 4,500,000.

3.2 General Secretariat for Territory and Biodiversity: in the Directors-General, where the amount does not exceed EUR 2,000,000, and in the Secretary-General for Territory and Biodiversity, where the amount does not exceed EUR 4,500,000, with the exception of the powers delegated to the Directors-General under this heading. 3.3 General Secretariat for the Prevention of Pollution and Climate Change: in the Directors-General, where the amount does not exceed EUR 2,000,000, and in the Secretary-General for the Prevention of Pollution and Climate Change, where the amount does not exceed EUR 4,500,000, except the powers delegated to the Directors-General under this heading.

4. The Ministry of the Environment is delegated to the Secretariat of the Environment for the powers that the Minister has attributed to the budgetary changes and the credit charges in accordance with the provisions of the current legislation.

5. The powers of approval of expenditure and of the proposal for payments relating to Chapters 1 and 8 of the General Budget of the State, as far as the Department's staff are concerned, are delegated to the Secretariat for the Environment.

Fourth. Payments made to justify and advance payment of fixed cash.

1. They are delegated to the Subsecretariat for the Environment, with the exception indicated in the following paragraphs, the powers of the holder of the Department provided for in Royal Decrees 640/1987 of 8 May on payments to be justified, and 725/1989 of 16 of June, on fixed cash advances.

2. They are delegated to the Directors-General who manage central payment boxes, as well as to the Heads of the Demarations and Costs Services, and to the Heads of the Territorial Weather Centers and the Izana Atmospheric Observatory, in their (a) in respect of which the Commission has decided to grant the aid to the Commission in respect of the aid granted to the Member States in respect of the aid granted to the Member States of the European Community; of the funds and imputation to the budget of those made by the paying agencies dependent on the corresponding services of the Department, under the fixed cash advance, within the ceiling of the maximum expenditure allocated to each paying box. 3. The powers of the Director-General of the Treasury and Financial Policy and the Delegates of Economy and Finance are delegated to the Subsecretariat of the Environment for the management and implementation of extra-budgetary payments for the concept of advances in the case of fixed cash in favour of the central and peripheral paying agencies of the Department, as well as that of authorizing the documents established by the Resolution of 14 September 1989, of the General Intervention of the State Administration, for the purposes of accounting for the adoption or modification of the system of fixed-box advances and the distribution of the expenditure by paying boxes and the links of the appropriations to the levels of breakdown that are determined at any time. 4. The management of expenditure arising from payments to be justified shall apply to the delegation of powers referred to in third paragraph. Fifth. Staff Regulations.-The powers of the Department's head are delegated to the Secretariat of the Environment, except as provided for in Article 12.2.f) of Law 6/1997 of 14 April, of the Organization and Operation of the General Administration of the State. Sixth. Protectorate of Foundations for Environmental Purposes. -The Subsecretary of the Environment is delegated the powers that the current regulations on foundations attribute to the head of the Department. Seventh. Forced expropriation and administration of the public domain.

1. They are delegated to the Secretariat for the Environment, the Secretary-General for Territory and Biodiversity and the Secretary-General for the Prevention of Pollution and Climate Change, and without prejudice to the provisions of number 3. the following, the powers of resolution on authorizations and concessions of occupation and exploitation of the public domain that correspond to the holder of the Department.

2. The General Directors of the Department are delegated the powers to disallow the assets belonging to the public domain, the powers that the legislation on compulsory expropriation attributes to the holder of the Department, and those that correspond to the defense of that domain. 3. All the privileges of the holder of the Department contained in the provisions in force related to the management, protection, protection and defence of the maritime-terrestrial public domain, including the granting of authorizations and concessions for the occupation and use of this domain.

Eighth. Resources, administrative complaints and procedures for the responsibility of the assets.-The resolutions of resources, administrative complaints and the procedures of patrimonial liability are delegated to the Subsecretariat of the Environment which correspond to the holder of the Department, without prejudice to the provisions of Article 13.2.c) of Law 30/1992 of 26 November 1992, of a Legal Regime of Public Administrations and of the Common Administrative Procedure, with the exception of in the following paragraph.

Upon acceptance in accordance with the additional provision of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, they are delegated to the Presidents of the Confederations Hydrographs and National Parks and the Directors of the Commonwealth of the Taibilla Channels and the Park of Machinery the resolution of the procedures of patrimonial responsibility that are the result of actions of those public bodies in the exercise of their own powers. The power to obtain the opinion referred to in Article 12 (1) of the Rules of Procedure on the liability of the public authorities shall be exempt from the delegation in this paragraph. approved by Royal Decree 429/1993 of 26 March. Ninth. Official publications. -It is delegated to the Subsecretariat of the Environment to agree to the inclusion of publications in the editorial programs for reasons of necessity and urgency, in accordance with the provisions of the Additional Disposition Second, Royal Decree 118/2001 of 9 February, for the management of official publications. Tenth. Scope of the delegation. -All the delegations referred to in this Order should be understood to be limited to the scope of specific powers conferred on the corresponding delegated bodies. Eleventh. The Minister for the Environment will be able to endorse, in accordance with Article 14 of Law 30/1992 of 26 November, the Legal Regime of Public Administrations and the Procedure of the Court of Justice. Common Administrative, at all times, the knowledge and resolution of any of the matters covered by the delegation of powers referred to in this Order. Twelfth. Obligation to advertise the reference to this Order in the exercise of the delegated powers under it. -How many resolutions are adopted in the exercise of the powers delegated to this Order shall express The Court of Justice of the Court of Justice of the European Communities states that, in accordance with Article 13 of Law No 30/1992, of 26 November 1992, the order and the date of its publication in the Official Gazette of the State are recorded.

13th. Effectiveness of the delegation. -This Order will take effect the day following its publication in the Official Gazette of the State, leaving on that same date without effects the delegation of privileges contained in the Order MAM 1236/2004, of 4 May (Official Journal of the State of 7 May 2004).

Madrid, January 28, 2005.

NARBONA RUIZ