The entry into force of Law 39/2003, of 17 November, of the Railway Sector, has carried out the organic and functional separation of the administration, maintenance and operation of the railway network of general interest and the the provision of rail transport services. These activities have been carried out historically by a single public entity, a circumstance that has generated a way of acting and a culture to deal with the possible conflicts between the administration of the infrastructure and the transport, which must be significantly modified in the future with the introduction of the new model of railway management established by the law. In order to ensure the most effective implementation of the Law of the Railway Sector and to facilitate the transition between the existing modes of action and those that will have to be developed in order to adapt to the new railway system and the adaptation to the a new model for the two new business public entities, it is advisable to set up a collegiate body to coordinate the activities of the public bodies responsible for the activities mentioned above and to constitute a instance of collaboration with the Ministry of Public Works. These objectives complement those that correspond to the Committee on Railway Regulation, as defined in Article 83 of the Law of the Railway Sector, and do not prevent the right of the Railway Infrastructure Manager (ADIF) and RENFE-Operadora to urge the Committee to resolve the issues of its jurisdiction. In its virtue, pursuant to article 81.1.c) of Law 39/2003, of 17 November, in accordance with article 40.1 and 2 of Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State, and with the approval Prior to the Minister of Public Administrations, I have:

Article 1. Establishment of the Commission for the coordination of railway activities.

The Commission for the coordination of railway activities is hereby established, attached to the Secretariat of State for Infrastructure and Planning, the Commission, whose composition, functions and arrangements are determined in the (i)

Article 2. Composition.

1. The Commission shall be composed of the following members:

President: The Secretary of State for Infrastructure and Planning.

Vice President: The Secretary General of Infrastructures. Vowels: The Director General of Railways, the Technical Secretary General and the Director General of Economic Programming of the Ministry of Development, a representative of the Railway Infrastructure Manager (ADIF) and another of RENFE-Operadora, the latter shall be designated by the holder of the Department on a proposal from the Presidents of those entities. Secretary: He shall perform the duties of secretary the Vocal designated by the President.

2. Where the Commission exercises the functions of intervention and resolution referred to in Article 3 (c), it shall be composed exclusively of the representatives of the Ministry of Public Works. In such cases, the President shall convene his sessions to a representative of each of the said bodies to seek the prior reconciliation of interests between the two entities.

Article 3. Functions.

The Commission will have the following tasks assigned:

(a) The study and proposal of measures aimed at the improvement of the railway system and the coordination of the railway activities in particular those related to the administration of the infrastructure and the operation of the transport. In the field of these tasks, the Commission will pay particular attention to aspects related to the quality of service and the safety of the movement.

b) The coordination of the actions of the Railway Infrastructure Manager (ADIF) and RENFE-Operadora. (c) The intervention and, where appropriate, the resolution of the conflicts that may arise between the two business public entities mentioned, as a consequence of the organizational, structural and functional changes introduced by Law of the Sector Railway. d) The knowledge and consideration of the issues related to the application of the regulations of the railway sector, both in its economic and financial and legal aspects, and in its case, of the different interpretations of the same that can consider, as well as the elaboration of recommendations and proposals on those aspects that are subject to their consultation.

Article 4. Operating system.

1. The system of operation of the Commission shall be in accordance with the provisions of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, which may be 2. The Commission may, for the purposes of the development of its tasks, set up the working groups it considers appropriate. 3. The operation of the Commission shall be in accordance with the own resources of the Ministry of Public Works.

Final disposition. Entry into force.

This Order shall enter into force on the day following that of its publication in the Official Gazette of the State.

Madrid, 17 January 2005.

ALVAREZ ARZA