Law 13/1996, of December 30, of Fiscal, Administrative and Social Order Measures, has created in its article 160 the public body of the Railway Infrastructure Manager (GIF), whose object is, according to the aforementioned precept and Article 161 of the same Law, the construction and, where appropriate, the administration of the railway infrastructure to be determined by the Government, on a proposal from the Minister of Public Works, and has enabled him to dictate the rules requiring the development and implementation of Article 160 and, in particular, the adoption of the Staff Regulations new entity, in which its basic organizational structure, its management bodies, with specification of its composition and attributions, and in general the legal regime of the latter, are to be determined.

Under such a rating, this Royal Decree approves the Statute of the GIF, with the purpose, among others, to guarantee, to the greatest extent possible and without prejudice to the inexcusable effectiveness in its performance, the transparency and the objectivity in the award of the very important contracts to be concluded for the performance of their duties, as well as to ensure the greatest possible degree of autonomy in the performance of their tasks by the new entity.

Pending the forthcoming and forthcoming Law which incorporates the Community Directives on rail infrastructure and transport in a comprehensive and systematic way, the GIF Statute already incorporates the provisions of those which they are essential for the new entity to be in a position to fulfill its functions properly, thus making progress in the process of establishing the normative bases of the qualitative transformation that our system The railway is called to experiment in the coming years.

In its virtue, on the proposal of the Minister of Public Works, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on April 25 of 1997,

D I S P O N G O:

Single item.

The Staff Regulations of the Public Infrastructure Manager (GIF), which are listed as an annex, are approved.

Additional disposition first.

The President and other members of the Board of Directors of the GIF will be appointed within the month following the date of entry into force of this Royal Decree.

Additional provision second.

The agreement by which the Government ascribes to the GIF the administration of a pre-existing railway infrastructure will determine:

(a) The staff of the National Network of the Spanish Railways (RENFE) who were providing services in relation to this infrastructure and transferred to the GIF. Such staff shall retain the rights which they have previously recognised and may continue to perform the same duties, without application of Article 34 (1) and (2) of the Staff Regulations approved by this Royal Decree.

b) State-owned assets assigned to the RENFE that are attached to the GIF.

c) The subjective legal situations of any kind related to the infrastructure whose ownership corresponds to the RENFE and in which the full GIF is subrogated.

Additional provision third.

The State's initial equity contribution to the GIF will amount to 60 billion pesetas, and will be disbursed in full when this Royal Decree comes into effect.

First transient disposition.

The GIF shall be subrogated in the contracts awarded by the General Administration of the State for the construction of sections of the railway infrastructure attributed to it by the Government in accordance with the provisions of Article 160,1. of Law 13/1996, of December 30, of Fiscal, Administrative and Social Order Measures. Such subrogation shall also have place in the contracts concluded by the General Administration of the State in relation to the supervision and technical support to the management of the works.

For the purposes of the subrogation provided for in the preceding paragraph, the General Administration of the State and the GIF shall, after hearing the relevant contractor, take a record setting out the specific situation of the works to be delivered and the contract in respect of which the subrogation occurs, and may also conclude, subject to the provisions of the Government's agreement provided for in the preceding paragraph, the Conventions which they have for relevant in relation to the subrogation, which may be of particular reference to personnel to be responsible for the management of the works after the subrogation and the payment of the contract price.

Second transient disposition.

With regard to the procurement files which are in the process of construction of the tranches referred to in the first transitional provision, the actions shall continue in the state in which they are located, For the purpose of which the GIF shall be subrogated to the position of the General Administration of the State as soon as necessary.

Single repeal provision.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this Royal Decree.

Final disposition first.

The Ministry of Economy and Finance will carry out the budgetary changes that are necessary for the fulfillment of the provisions of this Royal Decree.

Final disposition second.

The Minister of Public Works is authorized to lay down the rules that are necessary for the development and implementation of the provisions of this Royal Decree.

Final disposition third.

This Royal Decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid on April 25, 1997.

JOHN CARLOS R.

The Minister of Development,

RAFAEL ARIAS-SALGADO MONTALVO

ANNEX

Staff Regulations of the Public Railway Infrastructure Manager (GIF)

CHAPTER I

General provisions

Article 1. Nature.

1. The public body of Railway Infrastructure Manager (GIF), created by Law 13/1996, of December 30, of Fiscal, Administrative and Social Order Measures, is an entity governed by public law as provided for in article 6.5 of the text. the recast of the General Budget Law, which has legal personality and full capacity to act for the purpose of fulfilling its objectives.

2. The GIF will be attached to the Ministry of Public Works through the Secretariat of State of Infrastructures and Transports, an organ through which the relations between the Ministry and the GIF will be channelled and to which the technical and technical control will be carried out. (a) the effectiveness of the management of the latter, which shall be exercised, inter alia, by the procedures laid down in Article 187.1 of Law 16/1987 of 30 July 1987 on the Management of Land Transport, in so far as they are applicable in accordance with the of the object of the GIF.

Article 2. Legal framework. The GIF will adjust its action to the provisions of Articles 160 and 161 of Law 13/1996, of 30 December, of Fiscal, Administrative and Social Order Measures, in this Statute, in their respective norms of development and, in the absence of (a) the provisions of the Law on the Management of Land Transport and its complementary and development rules, as well as any other implementing rules. In the absence of these rules, the private legal system will apply.

In any case, the provisions of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, when exercising administrative powers, shall apply to the GIF.

Article 3. Autonomy.

1. The GIF shall exercise its functions with management autonomy within the limits laid down in this Statute and taking into account, in any event, the guarantee of public interest, the satisfaction of social needs, the security of the the overall efficiency of the rail system.

2. With the exception provided for in Article 42.7, the decisions of the Administrative Board, the President and the Secretary of the GIF in the exercise of administrative powers shall terminate the administrative procedure. Against resolutions which in the exercise of the same powers dictate other organs of the GIF shall be brought to the ordinary by the Board of Directors.

CHAPTER II

Public entity manager object and functions

of Rail Infrastructures (GIF)

SECTION 1.A GENERAL RULES

Article 4. The object of the GIF.

1. The GIF will have the object:

(a) The construction and, where appropriate, the administration of the new railway infrastructures that are the responsibility of the State and expressly attributed to it by the Government, on the proposal of the Minister of Public Works.

(b) The administration of the pre-existing railway infrastructure that is the responsibility of the State and expressly attributed to it by the Government, on the proposal of the Minister of Public Works.

2. For the purposes of this Statute, railway infrastructure shall mean all the elements referred to in Part A of Annex I to Regulation (EEC) No 2598/70 of the Commission of 18 December 1970 on the determination of the the content of the different headings in the accounts of the accounts in Annex I to Regulation (EEC) No 1108/70, except for the last indent, as well as the buildings attached to the infrastructure service.

3. The construction and administration by the GIF of railway infrastructure shall be in accordance with the provisions of Sections 2.a and 3.a, respectively, of this Chapter.

4. The GIF may carry out the complementary commercial activities necessary for the fulfilment of its object, including, where appropriate, participation in business, companies or companies, national or foreign. The implementation of such actions shall require the prior authorisation of the Ministry of Public Works or, where appropriate in accordance with Article 6.3 of the recast text of the General Budget Law, of the Council of Ministers.

Article 5. Conventions.

1. Where necessary or appropriate for the best performance of the functions of the GIF, the General Administration of the State may conclude with this the Conventions that both parties consider relevant.

2. In addition, the GIF may conclude with the National Network of the Spanish Railways (RENFE) collaboration agreements, which may be specially designed for the use of land, facilities or premises of common interest of both entities. These Conventions will be approved by the Board of Directors of the GIF prior to the report of the Ministry of Public Works.

3. The provisions of the foregoing paragraphs shall be without prejudice to any other Conventions which the GIF may conclude with public and private entities for the best performance of its purposes.

Article 6. Own telecommunications networks.

The GIF may set up own telecommunications networks in accordance with the terms laid down in Article 10 of Law 31/1987 of 18 December 1992 on the Management of Telecommunications.

SECTION 2.A INFRASTRUCTURE CONSTRUCTION

RAILWAYS

Article 7. Studies and projects.

1. The General Administration of the State shall be responsible for carrying out preliminary or planning studies and for information studies or preliminary projects, as well as for the approval and review of the projects and their modifications.

2. The material wording of such projects and their modifications may be carried out, as determined by the Ministry of Development, either by the competent bodies of the Ministry or by the GIF, and in both cases by themselves or by means of third parties, corresponding to the Ministry of Development of the inspection authority. In cases where the drafting of the projects or their amendments has not been carried out directly by the Ministry, the Ministry may make any changes it deems appropriate.

Article 8. Environmental impact assessment.

In the event that the performance is to be subject to environmental impact assessment, it shall be the responsibility of the competent authority of the General Administration of the State in accordance with the applicable legislation.

Article 9. Expropriations.

The expropriations to be taken for the construction of the railway infrastructure will be governed by the general legislation of compulsory expropriation, taking into account the following rules:

(a) The expropriation power will be exercised by the General Administration of the State.

(b) The GIF shall exercise in the expropriation procedure the powers referred to in Article 5.2 of the Regulation of the Compulsory Expropriation Act. The GIF shall pay the Justiprice of the expropriated assets, the amount of the deposit prior to the occupation, the amount of the damages arising from the rapidity of the occupation and the interest on delay provided for in Articles 52.8.a and 57 of the Law of Forced Expropriation. In urgent expropriations, the formulation of the deposit sheet prior to the occupation and the fixing of the compensation for the amount of damages arising from the rapidity of the occupation shall also correspond to the GIF.

(c) The payment of the interest for late payments referred to in Article 56 of the Compulsory Expropriation Act shall be carried out by the General Administration of the State.

Article 10. Municipal licences.

1. In order to carry out the construction of the infrastructure, the GIF will not require a municipal license.

2. The provisions of the above paragraph are without prejudice to the application to the abovementioned works, where appropriate, of the provisions of paragraphs 2 and 3 of Article 244 of the recast of the Law on Soil and Urban Planning.

Article 11. Procurement of construction sites.

1. The contracting of the construction works of the railway infrastructure shall be carried out by the GIF, as a contracting entity and after processing by the same contracting file.

2. Such contracts, except for works relating to the electrification and signalling of the infrastructure, shall be of an administrative nature and shall be governed by Law 13/1995 of 18 May 1995 on the Contracts of Public Administrations and their rules (a) supplementary and implementing measures, including Article 147 of Law 13/1996 of 30 December 1996 on contracts of work in the form of a total payment of the price.

3. Works contracts concluded by the GIF for the electrification and signalling of railway infrastructure shall be governed by the provisions of Article 16.2 and 3 of this Statute.

4. The direction of the works will correspond to the GIF and the power of inspection to the Ministry of Development.

Article 12. Putting into operation of the infrastructure.

Prior to the implementation of the infrastructure, the GIF will have to have express authorization from the Ministry of Public Works, in which it is declared that it can be opened to the public transit.

SECTION 3 INFRASTRUCTURE MANAGEMENT

RAILWAYS

Article 13. Scope.

For the purposes of this Statute, the management of the railway infrastructure includes its operation, through the charging of the corresponding fee, its maintenance and the management of the security and regulatory systems of the traffic.

Article 14. Studies and projects.

1. It will be for the GIF to carry out the studies and the approval and repose of the projects and their modifications that are necessary for the administration of the infrastructure, as well as its material drafting, in itself or through third parties.

2. These projects and their modifications shall be communicated to the Ministry of Public Works, which, when they are intended to update or renew elements of the infrastructure, involve the modification of the functional characteristics of the line or the safety of the traffic may be affected, within the maximum period of one month computed from the receipt of the corresponding complete documentation, the alterations it considers relevant, which shall be binding for the GIF.

Article 15. Municipal licences.

In order to carry out the works of conservation, entertainment and replacement of the infrastructure, the GIF will not require a municipal license, being applicable in this respect as provided for in article 10.2.

Article 16. Contracts for the maintenance of infrastructure and management of security and regulatory systems.

1. Contracts for the maintenance of infrastructure and the management of security and regulatory systems shall be concluded by the GIF as a contracting entity and after processing by the same contracting file.

2. The legal status of such contracts shall be in accordance with the following rules regarding their preparation and award:

(a) In the case of contracts falling within the scope of Directive 93 /38/EEC of 14 June 1993 on the coordination of procedures for the award of contracts in the water, energy, transport and energy sectors transport and telecommunications, it will be of application. In addition, the rules on the matter contained in the Law on Public Administration Contracts will be observed in terms of advertising in the "Official Gazette of the State".

When the incorporation into Spanish law of the content of the said Directive is produced, the rules in which such incorporation has been carried out shall apply.

b) In another case, the principles of advertising and competition will be observed through the publication of at least one ad in two national broadcast newspapers. By way of exception, and in the light of the nature and subject of the contract, such publication may be dispensed with by agreement of the Management Board, and in such cases offers of qualified undertakings for the performance of the subject-matter of the contract, without its number being less than three, provided that this is possible. Compliance with the principles of advertising and competition in minor contracts shall not be required, taking account of those whose budget does not exceed the following amounts: 10,000,000 pesetas in works contracts; and 5,000,000 pesetas in other contracts.

3. As for its effects and extinction, the rules of private law will apply.

4. Works carried out in compliance with the contracts referred to in this Article shall also apply to the works referred to in Article 11 (4). In relation to the other benefits which the contractor is required to carry out in respect of such contracts, the power referred to in the Article and paragraph shall also be exercised. Article 17. Powers, rights and duties inherent in the administration of the infrastructure.

1. In your infrastructure manager condition, the following rights and powers will correspond to the GIF:

(a) to use, on its own or through contracts with third parties, the land, facilities and facilities of the infrastructure which it administers for activities other than transport but complementary to them; provided that they cooperate with the proper performance of their duties.

(b) Authorise, if appropriate, the performance of actions affecting the railway line, its premises and premises and its areas of servitude and affectation. Article 170 of the Law on the Management of Land Transport will apply in this respect. In the event that the GIF does not conform to these actions and, in the case of the corresponding application to the Ministry of Public Works, it will authorize the same, the interposition by the GIF of any resource will not be allowed.

(c) Exercise the power of police in relation to the infrastructure, urging the competent bodies of the General Administration of the State, where appropriate, to exercise the power of sanction.

(d) When determined by the Minister of Public Works by Order, authorize, for the purposes of traffic regulation and safety, the vehicles that make up the trains that provide, through the use of the infrastructure, the services referred to in Article 10 of Directive 91 /440/EEC of 29 July 1991 on the development of the Community's railways.

e) To receive the charge for the use of the infrastructure, in accordance with the provisions of Article 42 and its implementing rules.

2. As the infrastructure manager, the GIF must:

(a) Facilitating, on a fair and non-discriminatory basis, the exercise of the rights of access and transit through the infrastructure to those recognised by Community or national rules. To this end, and in accordance with Community law, the GIF shall conclude with the holders of those rights the administrative, technical and financial arrangements necessary to resolve the questions arising from the regulation and the safety of traffic in relation to international transport services.

(b) To inform in advance of any major changes in the quality or capacity of the infrastructure to the railway undertakings using it.

Article 18. Operation of rail services.

Without prejudice to the exercise of the rights of access and transit by those who are recognised by Community or national rules, the exploitation of the railway services provided through the use of the The infrastructure managed by the GIF shall correspond to RENFE, which shall provide the traction and pay the corresponding licence fee to the GIF.

CHAPTER III

Public entity organization Manager

of Rail Infrastructures (GIF)

GENERAL SECTION 1.A GENERAL

Article 19. Governing bodies.

The governing bodies of the GIF are the Board of Directors and the President.

SECTION 2.A BOARD OF ADMINISTRATION

Article 20. Competence.

The GIF will be governed by a Board of Directors that will have the top management of its administration and management.

Article 21. Composition.

The Board of Directors shall be composed of the President of the entity, which shall also be the President of the Council, for a minimum of 10 and a maximum of 15 Vocals, and for the Secretary.

Article 22. Appointment and dismissal of the Vocals.

The Vowels of the Board of Directors will be freely appointed and terminated by the Minister of Public Works.

Article 23. Functions.

1. The Management Board shall be responsible for the following tasks:

(a) Establish, within the framework of the provisions of this Statute and its implementing rules, the principles of the organization and direction of the GIF.

(b) Propose to the Ministry of Public Works the rules to be laid down in the development of this Statute or, in the absence of such a proposal, to report on the basis of its approval and modification.

(c) Approve the reports which, as provided for in this Statute and its implementing rules, must be issued by the GIF, with a mandatory or mandatory nature, at the request of the organs of the General Administration of the State.

d) Submit to the Government's approval, through the Minister for Development, the programme of action, investments and financing.

e) To initially approve the annual operating and capital budgets and raise them to the Ministry of Development for processing in accordance with Article 90 of the recast text of the General Budget Law.

(f) Authorize borrowing operations and approve, within the first half of each financial year and with reference to the previous financial year, the Balance Sheet, the Loss and Profit Accounts, the annual management explanatory note of the entity and the application of results.

g) Act as the entity's contracting authority.

(h) Agreed to carry out the complementary commercial actions referred to in Article 4 (4).

i) Agreed to the exercise of actions and the interposition of both judicial and administrative resources.

(j) To propose, for approval by the Inter-Ministerial Commission for Remuneration, the relations of the entity's employment.

k) To confer general or special powers on individuals or individuals.

(l) Other provisions of this Statute and any other provisions.

2. The Management Board may delegate to the President or to the Commission Delegated the exercise of the functions referred to in paragraphs (c), (g) in the case of contracts other than those provided for in Articles 11 and 16-(h) and (k) of the previous paragraph.

Article 24. Delegated Commissions.

The Board of Directors may constitute Delegated Commissions, in which it delegates the exercise of part of its functions, subject to the provisions of paragraph 2 of the previous Article, by establishing the composition and scope of the delegation.

Article 25. Operation.

The Board of Directors will establish, prior to the Ministry of Public Works, the rules of operation of the Council itself and of the delegated Commissions, as not provided for in this Statute.

Article 26. Remuneration scheme.

1. The remuneration of the President and the Vice-President shall be authorized by the Minister for Economic Affairs and Finance, on a proposal from the Minister of Public Works.

2. The other members of the Board of Directors, with the exception of the Secretary and, where appropriate, the Deputy Secretary, shall be entitled to receive the corresponding economic compensation for their meetings, which shall be determined by the Council in accordance with the guidelines laid down by the Government or the Ministry of Economy and Finance for State or public entities.

3. It shall apply to the Registrar and the Deputy Secretary as laid down in Article 36.

SECTION 3.a PRESIDENT

Article 27. Appointment and termination.

The President of the GIF will be freely appointed and terminated by the Council of Ministers, on the proposal of the Minister of Public Works.

Article 28. Functions.

1. The President shall be responsible for the following tasks:

a) Ostend the legal representation of the GIF.

b) Chair of the Board of Directors.

c) To monitor the development of the activities of the entity, setting the objectives of its various units and ensuring compliance with this Statute and its implementing rules.

d) Propose to the Board of Directors the adoption of the agreements which fall within the competence of the Board and proceed with its implementation.

e) Exercise the top leadership of all the services and staff of the entity.

f) Authorize and order expenses and payments.

g) to exercise the powers of the Board of Directors in situations of urgent need in which the meeting of the Board is not possible, without prejudice to immediate account for the ratification, if any, of the adopted agreements.

(h) Other provisions of this Statute and any other provisions, as well as those not expressly conferred upon other bodies of the entity and the exercise of which the Board of Directors is delegated.

2. The President may delegate to the Vice-President and to the holders of the organic units in which the entity is structured the exercise of the functions referred to in paragraphs (c), (f) and (h)-with the exception of those exercised by delegation. of the Board of Directors-of the previous paragraph. The President shall give an account to the Management Board of the delegations which he has agreed.

Article 29. Incompatibilities.

1. The President will be subject to the regime of incompatibility of activities and control of interests established by Law 12/1995, of 11 May, of Incompatibilities of the Members of the Government of the Nation and of the High Charges of the Administration General of the State, and its development provisions.

2. Similarly, the rest of the GIF staff who were considered to be a senior member within the meaning of Law 12/1995 of 11 March, and their development provisions, will be subject to the system of incompatibilities and control of the interests set out in that Act.

SECTION 4.TO OTHER ORGANIES

Article 30. Vice-President.

The Board of Directors may appoint from among its members a Vice-President, who shall perform the duties delegated to him by the President and shall supplement him in cases of absence, vacancy or illness, referred to in Article 29. The tasks which the President shall exercise by delegation of the Board of Directors shall be inselectable.

Article 31. Secretary.

1. The Board of Directors shall appoint and separate freely, on a proposal from the President, a Secretary, who shall attend its meetings in a voice but without a vote, and shall be an official with a degree in Law, belonging to the Corps. and Escalas from Group A, at the service of the General Administration of the State.

2. The Secretary shall be from the Board of Directors and the Delegate Commissions.

The Secretary will also be organically dependent, in any case, on the legal services and personnel services of the entity.

3. On a proposal from the President, the Board of Directors may appoint a Deputy Secretary, to whom the provisions laid down in paragraph 1 of this Article shall apply, and shall supplement the Secretary in the cases of absence, vacancy or illness.

Article 32. Organic units of the GIF.

The Board of Directors, prior to the report of the Ministry of Public Works, shall determine the organic units in which the GIF is to be structured and shall specify the functions assigned to each of them, in the framework of the criteria which, to this end, are established by the Ministries of Public Administrations and the Economy and Finance.

CHAPTER IV

Staff to the Public Manager Service

of Rail Infrastructures (GIF)

Article 33. Senior management.

1. It shall be for the consideration of GIF management staff to assume the head of the organic units to be determined in accordance with the provisions of the previous Article.

2. The GIF management staff will be freely appointed and appointed by the Board of Directors, on a proposal from the President. The appointment shall be made in favour of officials in the case of posts reserved for officials in accordance with the following Article.

Article 34. Official staff.

1. The following shall be reserved for officials, in addition to the posts for the Secretary and Deputy Secretary of the GIF:

(a) The head of the three organic units of the GIF to which competition is attributed in construction, projects and procurement.

(b) posts which involve the exercise of functions of leadership or techniques in the organic unit of the GIF to which the advice in the law of the entity corresponds and its representation and defence in respect of any jurisdiction and Court orders. Without prejudice to the Conventions which may be concluded with the General Administration of the State, such posts shall be reserved for officials of the State Bar.

c) Other than those involving the exercise of administrative powers. The establishment of such posts shall be the responsibility of the Ministry of Public Works on a proposal from the Board of Directors.

2. The posts reserved for officials shall be provided, in accordance with the procedure laid down for each person in the corresponding relation of posts, between officials of the State. The regime and situation of these officials will continue to be regulated by Law 30/1984 of 2 August of Measures for the Reform of the Civil Service and its provisions for development.

3. Where necessary for the proper fulfilment of the functions of the GIF in relation to certain projects or actions of a temporary nature, it may be agreed, in the framework, where appropriate, of the relevant Convention with the Administration General of the State, the provision of jobs at the service of the GIF through commissions of services, the duration of which will be demanded by the mentioned projects and actions.

Article 35. Labour staff.

The rest of the staff at the GIF service will be of a working nature, and their selection will be made by public notice and in accordance with the principles of merit and capacity.

Article 36. Remuneration scheme.

The remuneration of the staff at the service of the GIF shall be determined by the competent bodies in respect of the remuneration of the official and labour staff, on a proposal from the Chairman of the Board of Directors.

Article 37. Incompatibilities.

The staff of the GIF will be subject to the incompatibilities regime established in general for the staff at the service of the Public Administrations.

CHAPTER V

Public entity financial-economic regime

Rail Infrastructure Manager (GIF)

Article 38. Recruitment.

1. Contracts other than those provided for in Articles 11 and 16 to be concluded by the GIF shall be governed by the rules referred to in Article 16 (2) and (3).

2. In addition to the Secretary, in all the Contracting Tables which are constituted within the GIF, an official of those who have the legal advice of the GIF and the delegated Controller shall necessarily be among the Vocals.

Article 39. Inventory.

The public entity GIF will carry out and keep up to date an inventory of all the assets that constitute its patrimony, as well as those that have been assigned to it for the fulfillment of its purposes.

Article 40. State owned assets assigned to the GIF.

Will be attached to the patrimony of the GIF, in addition to the goods referred to in article 160.four.f) of Law 13/1996, of December 30, of Fiscal, Administrative and Social Order Measures, the property of property of State ownership whose membership is agreed in favour of the entity in accordance with the provisions of Articles 80 et seq. of the State Heritage Act.

Article 41. The GIF's own heritage.

1. The GIF shall have, for the purposes of its purposes, a property of its own, other than that of the General Administration of the State, consisting of all the goods, rights and obligations of which it is a holder.

2. The GIF resources will be integrated by:

(a) The State's capital contributions, which shall constitute the entity's own resources.

b) Community funds allocated to it.

(c) The fee for the use of the infrastructure, as referred to in Article 42, and other revenue from its activity.

d) Grants.

(e) State contributions on a loan basis, to be fixed in the General Budget of the State of each financial year.

(f) Financial resources from borrowing operations, as referred to in Article 43.

g) Any other financial resource that can be integrated within your estate.

3. The GIF shall have the free disposition of the goods and rights of which it is a holder, corresponding to the Board of Directors of the competition to agree on its disposal.

Article 42. Fee for the use of the infrastructure.

1. The GIF shall require the operators of the railway services to be used for the infrastructure, the administration of which has been assigned a fee for the use of the infrastructure.

2. The fee shall be required for the amount to be fixed by the Council of Ministers by means of a Royal Decree issued on a proposal from the Minister for the Promotion and prior report of the GIF, taking into account the nature of the service, its duration, the market situation and the nature and the deterioration of the infrastructure, as well as the need for the GIF to be able to market effectively.

3. In the perception of the licence, the GIF may not discriminate between the different railway undertakings for services of an equivalent nature in the same market, being obliged to provide the Ministry of Public Works with all the information which (a) is required to check compliance with the provisions of this paragraph.

4. Failure to comply with the obligation to pay the fee will enable the GIF to refuse the use of the infrastructure to non-compliant undertakings, provided that this does not lead to the interruption of the provision by those of the public services which, in their case, they were managing.

5. The General Administration of the State and the GIF may conclude the relevant Conventions in relation to the payment procedures for the fee for the use of the infrastructure in the interest of the public service.

6. The decisions of the GIF relating to the licence fee shall be subject to appeal to the Minister for Public Works, whose decision shall terminate the administrative procedure. The appeal shall be governed by the provisions of Articles 114 to 116 of Law No 30/1992 of 26 November 1992 of the Legal Regime of Public Administrations and of the Common Administrative Procedure. After two months after the appeal has been lodged, the decision may be dismissed.

Article 43. Debt regime.

1. The GIF may perform all financial operations and may in particular arrange for active and passive lending and lending operations, whatever form they are implemented, including through the issuance of bonds, bonds, payments and any other type of financial liability, within the limits laid down in the annual budget laws.

2. The GIF may also, subject to the authorization of the Ministry of Economy and Finance, carry out foreign borrowing operations, agreeing on the terms and conditions customary in those operations, and even the submission to arbitration or the referral to a legislation or foreign courts.

3. It shall be the responsibility of the President, giving the Board of Directors, the power to authorise the conclusion by the GIF of the risk hedging operations of the interest rate and/or exchange rate. Where such operations are the result of those referred to in the preceding paragraph, the Ministry of Economic Affairs and the Finance Ministry shall also be authorized.

Article 44. Programme for action, investment and financing.

1. The GIF shall draw up an annual programme of action, investment and financing in accordance with Article 87 of the recast text of the General Budget Law. Such a programme, together with an explanatory memorandum on its content and the main changes to it in respect of which it is in force, shall be sent to the Ministry of Public Works for the purposes laid down in Article 89.2 of that programme. Law, before 1 March of each year.

2. The programme of action, investment and financing shall specify the level and programming of the investments of the GIF, and shall contain the relevant multiannual forecasts of the contributions to be made by the General Administration of the State, which In any event, they must be compatible with Community law.

3. In the event that the GIF has been imposed the duty to reserve a certain infrastructure capacity in the interest of the public service, the programme of action, investments and financing shall contain the provision of the corresponding compensation.

4. In the event that the General Administration of the State and the GIF have concluded a contract-programme, the programme of action, investment and financing shall be consistent with its forecasts.

Article 45. Budgets.

1. The GIF will annually prepare its estimates of exploitation and capital, with the structure determined by the Ministry of Economy and Finance, and once approved initially by the Board of Directors will be processed in the form of established by Articles 87.4 and 90 of the recast text of the General Budget Law. The capital budget shall be accompanied by the multiannual breakdown of the investment projects financed by the capital budget.

2. The system of budgetary changes shall be the general rule for State commercial companies in the General Budget Law. However, as soon as the above is opposed and in the event that no subsidies are received from the General Budget of the State, the modification of the operating and capital budgets will require the authorization of the Ministry of Promotion where the amount exceeds 5 per 100, and the Management Board in other cases.

Article 46. Application of results.

The surplus to be incurred annually by the GIF results account shall be charged, by agreement of the Management Board, to the financing of investments and to the reduction of indebtedness, as established in the budget of capital. The remainder which, if appropriate, will be entered into the Treasury.

Article 47. Accounting.

The GIF shall be subject to the public accounting system provided for in Title VI of the recast text of the General Budget Law, as well as to Community legislation on the subject matter of which it applies.

Article 48. Economic and financial control.

Without prejudice to the audit powers conferred on the Court of Auditors by its Organic Law and the other laws governing its powers, the GIF shall be subject to financial control by the intervention General of the State Administration, through the delegated intervention that is created to the effect. Such control shall be exercised on a permanent basis, in accordance with the provisions of Article 17.1 of the recast of the General Budget Law and Article 42 of Royal Decree 2188/1995 of 28 December 1995 on the the internal control system exercised by the General Intervention of the State Administration.

Article 49. Tax regime.

In accordance with Article 160 of Law 13/1996, of December 30, of Fiscal, Administrative and Social Order Measures, the GIF will be subject to the same tax regime that corresponds to the State.