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Order Mam/1236/2004 Of 4 May, On Delegation Of Powers Of The Ministry Of The Environment.

Original Language Title: ORDEN MAM/1236/2004, de 4 de mayo, sobre delegaciĆ³n de competencias del Ministerio de Medio Ambiente.

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TEXT

The Royal Decree 562/2004, of 19 April, approving the basic organic structure of the ministerial departments, has determined in its article 15 the management bodies of the Department, modifying the structure until that moment in force.

As this basic organic structure develops, and for the sake of greater agility in the management of services, it is necessary to introduce certain partial modifications in the system of delegation of existing competences. in the Department, accommodating the same to the changes operated.

In its virtue, under 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 13 of January, and with the limitations on the planned, resolute:

First. Recruitment.

1. The privileges held by the Minister for the Environment as a contracting authority are delegated, without prejudice to the provisions of paragraphs 2 to 5 of this paragraph, in the following terms:

1.1 Subsecretary:

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 exceeds EUR 2,000,000 and does not exceed EUR 4,500,000.

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 2,000,000.

1.2.2 In the Director General of Costs, for contracts the amount of which does not exceed EUR 2,000,000.

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 exceeds EUR 2,000,000 and does not exceed EUR 4,500,000.

1.3 General Secretariat for Pollution Prevention 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 Under the Secretary-General for Pollution Prevention and Climate Change, for contracts the amount of which exceeds EUR 2,000,000 and does not exceed EUR 4,500,000.

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 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 authorization to draft modifications of projects and the technical approval of the projects when the additional, if any, does not exceed 20 per 100 of the budget of the contract.

2.1.5 Approval of 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 settlement is authorized in accordance with Article 160 of the General Regulation of the Law of Contracts of Public Administrations, approved by Royal Decree 1098/2001 of 12 October.

2.1.6 The return of sureties, where applicable in each case, under the law of public administration contracts, which have been the subject of a complaint or an embargo.

2.2 In the Assistant 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 previously approved expenditure, as well as the recognition of the obligation and the Proposal for a payment which is derived from them.

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 contract documents (i) special administrative procedures, provided that they do not alter the approved annuities, as well as the technical approval of price review files.

2.2.4 Approval of settlement of contracts, which do not produce additional on the approved budget.

2.2.5 The return of sureties, where in each case proceeds according to the law of contracts and whenever against the same there has been no claim or embargo of any kind.

2.3 If there is no body with competence in the subject matter of delegation under this heading in the relevant management centre, the delegation will be understood as the highest immediate ranking body. which is mentioned.

3. They are delegated to the Heads of the Peripheral Services of the Coast, in respect of contracts that are fully 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, whatever the award procedure.

4.1.1 Administrative actuations of the contract:

(a) Redaction of base sheets, studies, preliminary projects, draft plans and projects of works, 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) Project supervision, where the project is required, the technical approval of which has been delegated in accordance with this heading.

d) Opening of public information files.

4.1.2 Administrative acts relating to the execution 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 approval of the settlements.

(e) Drafting and proposal for the approval of the amendments to the contract and the projects of complementary works once authorised by the contracting authority and the opening of all generic or specific incidents produce during the term of the contract (suspensions, extensions, disposals, indemnities 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, the budget of which does not exceed EUR 150 000.

4.2.1 Authorization to draw up bases, projects and projects.

4.2.2 The authorisation to initiate public information files, where necessary.

4.2.3 The technical approval of bases, projects and projects that do not require the processing of public information, or of which, where necessary, no complaints have been made.

4.2.4 The authorization to write modifications, as well as its technical approval, when the additional, if any, does not exceed 20 per 100 of the budget of the contract.

4.2.5 The technical approval of the settlement of contracts whose additional, if any, does not exceed 10 per 100 of the price of the contract and corresponds to modifications whose inclusion in the settlement is authorized as Article 160 of the General Regulations of the Law on Public Administration Contracts.

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 collaboration agreements to be concluded with the Autonomous Communities are exempted from this delegation.

Third. Management and implementation of the budget.

1. The powers conferred on the Minister by Article 74.1 of the General Budget Law, as well as the authorisation of the corresponding accounting documents, shall be delegated, without prejudice to the provisions of the headings 2 to 4, in the following cases: terms:

1.1 Subsecretary:

1.1.1 At the Technical General Secretariat, up to the amount of EUR 2,000,000.

1.1.2 In the Environment Secretariat, where the amount exceeds EUR 2,000,000 and does not exceed EUR 4,500,000.

1.2 General Secretariat for Territory and Biodiversity:

1.2.1 In the Director General of Water, up to the amount of 2,000,000 euros.

1.2.2 In the Director General of Costs, up to the amount of EUR 2,000,000.

1.2.3 In 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 exceeds EUR 2,000,000 and does not exceed EUR 4,500,000.

1.3 General Secretariat for Pollution Prevention 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 Under the Secretary-General for Pollution Prevention and Climate Change, where the amount exceeds EUR 2,000,000 and does not exceed EUR 4,500,000.

2. The powers that correspond to the holder of the Department concerning the granting of grants and grants, in accordance with the provisions of Law 38/2003 of 17 November, General of Grants and within the available credits, delegate in the following terms:

2.1 Sub-secretariat: under the Environment Secretariat, where the amount does not exceed EUR 4,500,000.

2.2 General Secretariat for Territory and Biodiversity: in the Directors-General, where the amount does not exceed EUR 2,000,000,

and the Secretary General for Territory and Biodiversity, when the amount exceeds 2,000,000 euros and does not exceed 4,500,000 euros.

2.3 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 exceeds EUR 2,000,000 and does not exceed EUR 4,500,000.

3. 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.

4. 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 boxes 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 Environment Secretariat is delegated the powers to be of interest to the Director-General of the Treasury and Financial Policy and the Economic and Financial Delegates for the management and implementation of extra-budgetary payments for the 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 the distribution of expenditure by paying boxes and the link between appropriations at 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 Member States for the financial liability of the Member States shall be taken into account in this paragraph. General Government, 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.

10th. 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.

11th. 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.

12th. 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 shall have effect the day following its publication in the Official Gazette of the State, with the delegation of powers contained in the Order of 6 February 2001 remaining without effect. (Official Journal of the State of 14 February).

Madrid, 4 May 2004.

NARBONA RUIZ

Ilmos. Mr Deputy Secretary General for Territory and Biodiversity, Secretary General for Pollution Prevention and Climate Change, Directors and Deputy Directors General of the Department.