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Resolution Of 12 February 2014, Of The Ministry Of Infrastructure, Transport And Housing, Which Published The Agreement Of The Council Of Administration Of The Infrastructure Manager Railway, Which Ratifies The...

Original Language Title: Resolución de 12 de febrero de 2014, de la Secretaría de Estado de Infraestructuras, Transporte y Vivienda, por la que se publica el Acuerdo del Consejo de Administración del Administrador de Infraestructuras Ferroviarias, por el que se ratifica la...

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TEXT

The Board of Directors of the Enterprise Public Infrastructure Manager (ADIF), at its meeting of 31 January 2014, adopted the Agreement set out in the Annex to this resolution, which is ratifies the Resolution of the President of the Business Public Entity Administrator of Railway Infrastructures (ADIF) of 31 December 2013, for which it is agreed to entrust the performance of certain tasks to the Public Entity ADIF-High Speed business.

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, 12 February 2014.-The Secretary of State for Infrastructure, Transport and Housing, Rafael Catala Polo.

ANNEX

The Board of Directors, by unanimity of the members present with the right to vote, agrees to ratify the Resolution of the President of the Business Public Entity Administrator of Railway Infrastructures (ADIF) of 31 December 2013, which agrees to entrust the implementation of certain tasks to the ADIF-High Speed Enterprise Public Entity, the text of which is incorporated as Annex I to the Minutes of the sitting, is transcribed continuation:

" Resolution of the President of the business public entity Administrator of Railway Infrastructures (ADIF) for which it is agreed to entrust the performance of certain tasks to the business public entity ADIF-Alta Speed.

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. Under the Additional Provision of the Law of the Railway Sector, the business public entity RENFE became known as the Railway Infrastructure Manager (ADIF) and took over the functions assigned to the 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.

III. 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.

Article 1.7 of Royal Decree-Law 15/2013, of 13 December, provides that ADIF-High Speed and ADIF may be entrusted, by 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.

IV. 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.

V. Article 16.1 (k) of the ADIF Statute, approved by Royal Decree 2395/2004 of 30 December 2004, confers on the Board of Directors of the entity the power to approve the agreements, agreements, conventions and contracts it considers suitable or necessary for the performance of the purposes of the entity.

Article 23 (2) (a) of the Staff Regulations confers on the President of the entity the jurisdiction to represent the entity, while Article 24 gives the President the power to, exceptionally, in cases of urgency. the decisions reserved to the Board of Directors must be taken, and it must be obliged to give the latter of the agreements adopted at the first ordinary meeting which it holds after the conclusion of the agreements, in order to be ratifies.

By virtue of all of the above and in use of the competition that has been attributed to it, the President of the business public entity Administrator of Railway Infrastructures (ADIF),

AGREEMENT

First.

Entrust the ADIF-High Speed business public entity with the performance of the tasks listed in the Annex to this resolution.

The terms of this benefit will be collected in the relevant agreements to be subscribed by ADIF with ADIF-High Speed, for each of the tasks entrusted.

Second.

This mandate will be submitted to the ADIF Board of Directors for ratification.

Third.

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

Madrid, December 31, 2013. -President of the Railway Infrastructure Manager (ADIF), Gonzalo Ferré Molto. "

Attachment

▪ UDT Energy.

▪ Complementary acts (environment, laboratories, tunnels, etc.).

▪ Expropriations.

▪ Energy Efficiency.