Resolution Of 3 April 2014, Of The Ministry Of Infrastructure, Transport And Housing, Which Publishes The Agreement Of The Council Of Administration Adif-High Speed, Which Entrusted The Realization Of Certain...

Original Language Title: Resolución de 3 de abril de 2014, de la Secretaría de Estado de Infraestructuras, Transporte y Vivienda, por la que se publica el Acuerdo del Consejo de Administración de ADIF-Alta Velocidad, por el que se encomienda la realización de determinadas...

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The Board of Directors of the public enterprise ADIF-high speed, at its meeting of March 28, 2014, adopted the agreement contained as an annex to the present resolution, whereby it is agreed to entrust certain tasks to the public enterprise administrator of railway infrastructures (ADIF).

Pursuant to article 15.3 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, comes from the publication of the agreement in the «Official Gazette».

Madrid, April 3, 2014.-the Secretary of State of infrastructures transport and housing, Rafael Catalá Polo.

Annex agreement of the Board of Directors of the public enterprise ADIF-high speed which is agreed to entrust certain tasks to the public enterprise administrator of railway infrastructures (ADIF) I. Article 20 of the law 39/2003, 17 November, the railway Sector, provides that the administration of rail infrastructure and, where appropriate, its construction, correspond, within the scope of the State competition, one or more public business entities attached to the Ministry of development, which will have its own legal personality, full capacity to act and its own patrimony , and shall be governed by the provisions of the own law of the Sector railway, in law 6/1997, of 14 April, of organization and functioning of the General Administration of the State, in its Statute and the other rules that are applicable.

The II. Article 1 of Royal Decree-Law 15/2013, of 13 December, on the restructuring of the public enterprise administrator of railway infrastructures (ADIF) and other urgent in the economic order, provides for the establishment of a new public business entity, ADIF-high speed, as a public body under article 43.1. b) of the law on organization and functioning of the General Administration of the State , by Division of the branch of activity of construction and administration of those high-speed railway infrastructure and others that are attributed to them and are assigned until the date of entry into force of the ADIF.

ADIF-high speed assumes the functions assigned to the administrator of railway infrastructures by the law of the railway, in relation to those railway infrastructures whose ownership has been attributed him, Sector as well as that is attributed to them in the future.

ADIF-high speed is governed by the provisions of the Royal Decree-Law 15/2013, in the law of the railway Sector, in the law on organization and functioning of the General Administration of the State, in implementing provisions of both, in its statutes, approved by Royal Decree 1044 / 2013, of 27 December, the budgetary legislation and other rules that may be applicable. In the absence of these regulations, be charged the private legal system.

III. under provision additional first of the law of the railway Sector, the public enterprise RENFE became known as administrator of railway infrastructures (ADIF) and assumed the functions assigned to the railway by that Act infrastructure manager.

ADIF is governed by the provisions of the law of the railway Sector, in the law on organization and functioning of the General Administration of the State, in implementing provisions of both, in its statutes, approved by Royal Decree 2395 / 2004, of 30 December, on the budgetary legislation and other rules that may be applicable. In the absence of these rules be charged private legal system.

IV. Article 1.7 of the Royal Decree-Law 15/2013, of 13 December, establishes that ADIF-high speed and ADIF may be entrusted, through the signing of the appropriate agreement, certain activities. Such agreements shall necessarily contemplate the financial compensation that would correspond to the entity for which the encomienda, is made by the commissioned services.

In particular, both entities may entrust the management capacity of the infrastructure and, due to the interconnection of networks whose administration have attributed both entities, and as an exception to the provisions of article 22.4 of the law of the railway Sector, also the management of the systems of control, circulation and security.

On the other hand, in the event that one of these entities may be given other tasks related to citizen security and civil protection, responsible for that matter will be the same in both entities. The above will also apply to responsible for the prevention of occupational risks, safety and health at work.

V. Article 15 of the law 30/1992, of 26 November, establishes that activities of material, technical or services of administrative bodies or entities of public law competition may be entrusted to other bodies or entities of the same or different management, for reasons of efficiency or when is do not possess the technical means for their performance.

Charged with management does not involve transfer of ownership of competition or the substantive elements of the exercise, being the responsibility of the organ or entity encomendante dictate how many acts or decisions of a legal nature give support or in which integrates the specific activity object of encomienda.

When the entrustment of management between entities of different administrations and bodies it be formalized through the signing of the corresponding agreement.

The VI. Article 16(1), letter k), of the Statute of ADIF-high speed, approved by Royal Decree 1044 / 2013, December 27, attributed to the Board of Directors competence to approve the agreements, pacts, agreements and contracts deemed suitable or necessary for the accomplishment of the purposes of the entity.

VII. date of December 31, 2013, and by virtue of the above, was issued resolution of the Presidency ADIF-high speed by which specific tasks entrusted to ADIF. This decision was ratified by agreement of the Council of management of ADIF-high speed date 17 January 2014 (BOE number 36, on February 11, 2014).

Part operative of this resolution, provided that the same conditions collected in the corresponding agreement to be signed by ADIF-high speed with ADIF. This Convention was approved by the boards of Directors of both entities on January 31, 2014 (BOE No. 52 of March 1, 2014).

VIII. Subsequently, it was considered convenient to expand the task of management referred to in the number VII above, tasks that are reflected in the annex to this agreement, being the conditions of such mandates them reflected in the Convention adopted on January 31, 2014.

By virtue of all of the above, and in use of the powers conferred by article 16(1), letter k), of the Statute of ADIF-high speed, approved by Royal Decree 1044 / 2013, December 27, the Board of Directors of the public enterprise ADIF-high speed, adopts the following the first agreement.

To instruct the public enterprise administrator of railway infrastructures (ADIF) performing the tasks listed in the annex to this agreement.

The conditions of this provision will be pick-ups in the agreement signed by ADIF-high speed with ADIF, which was approved by the boards of Directors of both entities on January 31, 2014 and published in the «Official Gazette» No. 52, of 31 January 2014.

Second.

Ordered the publication of the present agreement in the «Official Gazette».

Annex the Declaration over the network.

Holistic management international area.

Internal audit.

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