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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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TEXT

The Board of Directors of the business public entity ADIF-High Speed, at its meeting of 28 March 2014, adopted the Agreement set out in the Annex to this resolution, which agrees to entrust the of certain tasks to the business public entity Railway Infrastructure Manager (ADIF).

In accordance with the provisions of Article 15 (3) of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, the publication of that agreement in the "Official State Gazette".

Madrid, April 3, 2014. -Secretary of State for Infrastructure Transport and Housing, Rafael Catala Polo.

ANNEX

Agreement of the Board of Directors of the business public entity ADIF-High Speed for which it is agreed to entrust the performance of certain tasks to the business public entity Infrastructure Manager Railway (ADIF)

I. Article 20 of Law 39/2003 of 17 November of the Railway Sector provides that the administration of railway infrastructure and, where appropriate, its construction, shall correspond, within the scope of the State competition, to one or more of the business public entities attached to the Ministry of Public Works, which will have their own legal personality, full capacity to act and their own assets, and will be governed by the provisions of the Law of the Railway Sector, in Law 6/1997, of 14 April, Organization and Functioning of the General Administration of the State, in its Statute and in the other rules applicable to them.

II. Article 1 of the Royal Decree-Law 15/2013, of 13 December, on the restructuring of the business public entity Administrator of Railway Infrastructures (ADIF) and other urgent measures in the economic order, provides for the creation of a new business public entity, ADIF-High Speed, as a public body as provided for in Article 43.1.b) of the Law on the Organization and the Functioning of the General Administration of the State, by division of the branch of construction activity and administration of those high-speed rail infrastructure and others which are attribute and are entrusted to you until the date of entry into force of the ADIF.

ADIF-High Speed assumes the functions assigned to the railway infrastructure manager by the Law of the Railway Sector, in relation to those railway infrastructures whose ownership has been attributed to it, thus as with those attributed to you 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 of Organization and Operation of the General Administration of the State, in the norms of development of both, in its Statute, adopted by Royal Decree 1044/2013 of 27 December 2013, in budgetary legislation and other rules applicable to it. In the absence of these rules, the private legal order will apply.

III. Under the additional provision of the Railway Sector Law, the business public entity RENFE became known as the Railway Infrastructure Manager (ADIF) and took over the functions assigned to the Railway Manager. railway infrastructure by that law.

ADIF is governed by the Law of the Railway Sector, in the Law of Organization and Operation of the General Administration of the State, in the norms of development of both, in its Statute, approved by Royal Decree 2395/2004 of 30 December 2004 in budgetary legislation and other rules applicable to it. In the absence of these rules, the private legal order will apply.

IV. Article 1.7 of the Royal Decree-Law 15/2013 of 13 December states that ADIF-High Speed and ADIF may be entrusted, through the subscription of the appropriate agreement, to carry out certain activities. Such agreements shall necessarily include the provision of financial compensation to the entity in favour of which it is entrusted, for the provision of the services entrusted to it.

In particular, both entities may be entrusted with the capacity management of the infrastructure and, due to the interconnection of the networks whose administration both entities have attributed, and as a derogation from the Article 22.4 of the Law of the Railway Sector, also the management of control, circulation and security systems.

On the other hand, in case one of these entities entrusts the other to carry out tasks related to citizen security and civil protection, the person responsible for this matter will be the same in both entities. The above will also apply to the person responsible for the prevention of occupational risks, safety and health at work.

V. Article 15 of Law No 30/1992 of 26 November 1992 provides that the conduct of activities of a material, technical or service nature of the powers of the administrative bodies or bodies governed by public law may be entrusted to other bodies or entities of the same or different administration, for reasons of effectiveness or where the technical means for their performance are not available.

The management mandate does not imply a transfer of ownership of the competition or the substantive elements of its exercise, being the responsibility of the authority or entity to dictate how many acts or resolutions of character legal support or in which the particular activity object of entrusts is integrated.

When the management task is performed between bodies and entities of different administrations, it will be formalized by signing the corresponding agreement.

VI. Article 16.1 (k) of the ADIF-High Speed Statute, approved by Royal Decree 1044/2013 of 27 December 2013, confers on the Board of Directors the power to approve the agreements, agreements, conventions and contracts it considers suitable or necessary for the performance of the purposes of the entity.

VII. On 31 December 2013, and pursuant to the above, a Resolution of the ADIF-High Speed Presidency was issued which entrusted ADIF with certain tasks. This Resolution was ratified by the ADIF Board of Directors-High Speed of January 17, 2014 (BOE number 36 of 11 February 2014).

In the operative part of this resolution, it was expected that the conditions of this resolution would be included in the corresponding agreement to subscribe to ADIF-High Speed with ADIF. This Convention was approved by the Boards of Directors of both entities on 31 January 2014 (BOE No. 52, of 1 March 2014).

VIII. Subsequently, it has been considered appropriate to extend the management mandate referred to in the previous number VII to the tasks set out in the Annex to this Agreement, the conditions of which are the same as those reflected in the Annex to this Agreement. in the Convention adopted on 31 January 2014.

By virtue of all of the above, and in use of the powers conferred by Article 16.1 (k) of the ADIF-High Speed Statute, approved by Royal Decree 1044/2013 of 27 December 2013, the Council of ADIF Business Public Entity Administration-High Speed, adopts the following

AGREEMENT

First.

Entrust the business public entity with Railway Infrastructure Manager (ADIF) with the performance of the tasks listed in the Annex to this Agreement.

The terms of this benefit will be those contained in the ADIF-High Speed ADIF agreement, which was approved by the Boards of Directors of both entities on January 31, 2014 and published in the "Newsletter". State Officer ' number 52 of 31 January 2014.

Second.

This Agreement is hereby ordered to be published in the "Official State Gazette".

ANNEX

Drafting the statement over the network.

Comprehensive international area management.

Internal audit.