Royal Decree 2234 / 1993, Of 17 December, Amending The Organic Structure Of The Ministry Of Public Works, Transport And Environment.

Original Language Title: Real Decreto 2234/1993, de 17 de diciembre, por el que se modifica la estructura orgánica del Ministerio de Obras Públicas, Transportes y Medio Ambiente.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
The Royal Decree 1173 / 1993, of 13 July, restructuring of ministerial departments, created the Ministry of public works, transport and environment, assigning the functions hitherto performed by the Ministry of public works and transport, as laid down in the Royal Decree 576/1991, of 21 April, which established its basic structure , and expressly incorporating in its name in friendly competition.


The basic organizational structure of the Ministry of public works and transport resulted from the merger of the Ministry of public works and town planning and the Ministry of transport, tourism and communications. Lessons learned since then about the performance of the various lines of political action and resource management to the Ministry of public works and transport had entrusted, has advised some changes in that structure.


Result of this reflection has been the adoption of the Royal Decree 1671 / 1993, 24 September, amending the organic structure of the Ministry. The main modifications introduced by that provision relate to the change in the name of the former Secretary of State for water policy and environment and integration of hydrological planning hydraulic infrastructure in the area of spatial planning. This modification does not constitute, however, nothing more than a first step in a process of global restructuring.


Once virtually the implementation of plans of investment in transport infrastructure developed in the second half of the 1980s and that they have been the protagonists of the great investor effort of the General Administration of the State, should be strengthened coordination between the development of territorial plans, sectoral plans in the medium term of each type of infrastructure the execution of investments resulting from its application and the concerted actions of urban planning and transport, multimodal character, almost always in large conurbations.


To achieve these objectives, creates a State of Territorial policy and public works Secretariat which is made up of the General Secretariat for planning and Territorial agreement, disappears, and the infrastructure of the land transport.


This Secretary of State is configured as the body integrated planning and equipment of the territory through the hydraulic infrastructures and transport, in all modes, and the momentum of the dialogue with the local authorities, especially in high concentrations urban to develop integrated actions of urban planning and transportation, which exemplify the Bilbao Ria 2000 the green belt of Oviedo and Madrid airport city.


The Ministry of Territorial policy and public works will boost, under the higher direction of the Minister, the elaboration of the Plan of infrastructure, the National Hydrological Plan and sectoral plans of the various modes of transport to develop the Master Plan, in the time periods that are considered appropriate to adapt the budgetary scenarios and the conditions of general economic policy.


Carried out restructuring brings with it the abolition of two management centres with the rank of General Directorate. First, it disappears the General direction of the delegation of the Government in the concessionary companies of toll highways, whose political functions are taken directly by the Secretary of State, the administrative unit level of Subdirectorate-General for being entrusted. Secondly, the Directorates-General of territorial planning and urban development and planning of major infrastructure merge into a single Directorate General of planning, to which is entrusted the task completed the elaboration of the Plan of infrastructure, by integrating in it the components territorial hydraulic planning and review, development, and its subsequent follow-up, once approved by the Government , in such a way that constitute the basic instrument of territorial policy of the State to guide long-term territorial and urban infrastructure of State investment policy.


On the other hand, the conclusion corresponds to the new Directorate General of concerted actions in the cities, which will replace the General direction of Intermodal transport planning in large cities, with the autonomous communities and local corporations, to carry out actions that integrate investment in transport infrastructures of competence of the General Administration of the State with the tools and designs derived from the urban planning , competition from those public administrations. The purpose of these proceedings, of great significance for the development of our cities, is to get that inter-agency collaboration, in a country so decentralized as it is currently Spain, set to value new urban areas and promote a policy of the city that integrates urban development and intermodality of transport system, enhancing the transport public and recovering infrastructure obsolete for new uses.


Integration in the Secretariat of State of Territorial policy and public works of the planning and execution of hydraulic infrastructures, allows to approach through all components territorial policy and investment policies, coordinating the necessary investments to ensure the provision of a basic natural resource for the different uses of the territory with the necessary transport infrastructure for their development. In this new organizational scheme, all investments in infrastructure are subject, within a homogeneous organic structure, the evolution of its environmental impact carried out by another area of the Ministry which is endowed, precisely, a body specifically responsible for management of the procedure of evaluation of the environmental impact on the scope of the General Administration of the State.


Finally, proceed to strengthen, without cost increase in the total structure, certain management centres whose structures have been overcome by the workload that will have to face as a result of the new priorities in the development of the activities of the Department.


By virtue, at the initiative of the Minister of public works, transport and environment, on a proposal from the Minister for the public Amdinistraciones and prior deliberation by the Council of Ministers at its meeting of December 17, 1993, D I S P or N G: article 1. The Secretary of State of Territorial policy and public works.


1 is created the State of Territorial policy and public works Secretariat which is attributed to the performance of the following functions: to) the planning of the territory through major investment in infrastructure projects, assessing their profitability and social and territorial impact through the elaboration and development of the Master Plan of infrastructures and of the National Hydrological Plan , plans and sectoral programmes that develop them.


(b) the execution of road and rail transport infrastructures, and hydraulic infrastructures which are of State competition and resulting from such investment plans, adapting them to the corresponding budget scenarios, as well as functional guidelines necessary to coordinate investments in ports and airports of the State competition with general territorial policy.


(c) consultation with the competent public administrations of the plans of infrastructure and transport with the urban development in the cities and urban agreements, enabling to promote public transport, intermodal coordination and the creation of soil.


(2 of the Secretariat of State of Territorial policy and public works depend on the higher bodies and following management centres: to) the General Secretariat for the land transport infrastructure.


(b) the General Directorate of roads).


(c) the Directorate of hydraulic works.


d) the General direction of planning.


(e) the General direction of actions agreed in the cities.


(f) the address General infrastructures of rail transport).


3. of the Secretary of State of Territorial policy and public works depends on a cabinet as the body support and immediate assistance with the structure and the regime that establishes the Royal Decree 3775/1982, of 22 December, and staff whose owner has the level of Director-general.


4. in addition, it is ascribed to the Secretary of State, the State society for promotion and equipment of the land (SEPES).


Article 2. Secretariat General for land transportation infrastructures.


1 perform the coordination and promotion of the implementation of the competence of the Ministry of transport infrastructure investment, as well as to ensure the effectiveness of the relevant procedures of recruitment and management corresponds to the Secretary-general to the infrastructure of the land transport, under the higher direction of the Secretary of State.


Also promote the elaboration of plans and sectoral programmes of infrastructure of transport in the short and medium term that is framed in the Plan Director de Infraestructuras, will collaborate with the same design, and will be responsible for many other functions delegated by the Secretary of State.



(2 of the General Secretariat are dependent on managers following centers: to) the General Directorate of roads.


(b) the direction General of infrastructure rail transport).


3. directly dependent of the Secretary-General there is a technical cabinet with the Subdirectorate-General for organic level.


4. the Secretary-General is, at the same time, Government delegate of toll motorways concessionaires societies, and as such exercises the functions that this body attached to the existing order.


5. the Secretary-General maintains the relationship and exercises functional control over the national company of motorways (ENAUSA), without prejudice to the functional control that corresponds to the General Secretariat for the services of the transport tariff policy and competences that correspond by reason of the condition of State society from the Ministry of economy and finance.


Article 3. Directorates-General of road and rail transport infrastructure.


The Directorates-General of road and rail transport infrastructures exercising functions and maintain the structure established in the current regulations.


Article 4. Directorate-General of hydraulic works.


1. the Directorate of hydraulic works retains its current structure and functions.


2. the machinery park and the Commonwealth de los Canales de Taibilla, with its current structure and functions, are assigned to the Ministry of Territorial policy and public works, through the Directorate of hydraulic works. The services and resources of the Park of machinery may be applied where needs advice, according to the criterion of maximum efficiency and cost-effectiveness in the use of the same.


Article 5. Directorate General for spatial planning.


The General direction of Territorial planning exercises the functions that article 5.cuatro of the Royal Decree 576/1991, of 21 April, attributed to the General direction of Interregional planning of major infrastructure and that article 1.2. to), b), c) of the Royal Decree 1432 / 1992, of 27 November, attached to the General Directorate of Territorial policy and planning.


Article 6. Directorate-General of concerted actions in the cities.


The General direction of concerted actions in the cities has, in the field of competence of the Ministry of public works, transport and environment, the following functions: 1. intermodal planning and programming of the implementation of the transport infrastructure in urban environment, of general interest, in concert with the local authorities.


2 develop and coordinate the transport policy in the cities, within the area of competence of the management centres and other agencies under the Ministry, integrating it with the policies of soil management and land use planning of other administrations.


3 arrange with the territorial administrations, the performances of transport infrastructure with the planning and promotion of the public land in the cities, promoting and coordinating the implementation of the conventions, following a report of the Ministry of economy and finance on economic and financial issues.


4 collaborate with the Ministry of finance in urban and metropolitan transport conventions, evaluating plans of infrastructure and services proposed by the affected administrations and its impact on intermodal transport systems.


Article 7. Structure and operation of the Directorates-General of Territorial Planning and concerted actions in the cities.


The aforementioned Directorates-General of Territorial Planning and concerted actions in the cities is not structured hierarchical organically-shaped and its operation will be developed through work teams based on functional relationships flexible for each of the established work programs.


Article 8. Directorate General for housing, urban planning and the architecture.


1 the General direction for housing, Urbanism and architecture exercise the functions assigned to the General Directorate for housing and architecture by the Royal Decree 1125 / 1991, 22 July, restructuring of the Undersecretary of the Ministry of public works and transport, as well as that article 1.2. d), e) and f) of the Royal Decree 1432 / 1992 (November 27, it assigned to the General Directorate for territorial planning and urban development and which are not expressly assigned to other management center of those indicated in paragraphs g) and h) of article 1(2) of the Royal Decree 1679 / 1993, 24 September.


2. it creates the General Sub-Directorate of urbanism that is assigned the development of functions that correspond to the Directorate-General in accordance with the provisions of the preceding paragraph in urban planning.


Article 9. Responsibilities of the Secretary of State of Territorial policy and public works.


1. in accordance with in the first of the Real Decree 1558 disposal / 1977, of 4 July, the Secretary of State shall exercise, with regard to units that are assigned to you, the powers provided for in paragraphs 1, 4, 5, 6, 7, 10 and 11 of article 14 of the law on legal regime of the State administration , without prejudice to the higher direction of the Minister of public works, transport and environment.


2. in addition, the Secretary of State may be carried out many functions expressly delegated by the head of the Department.


Sole additional provision. Removal of organs and units.


I(i) the following organs and units are: a) governing bodies: the General Secretariat for planning and Territorial agreement.


(b) management centres: 1. the General direction of Intermodal transport planning in the big cities.


2. the General Directorate of Interregional planning of major infrastructure.


3. the General Directorate of territorial planning and urban development.


4. the General Directorate for housing and architecture.


5. the General Directorate of the Government delegation in the concessionary companies of national toll roads.


(c) General sub-directorates: 1. Unit of general services of the General Secretariat for planning and Territorial agreement.


2. the General Sub-Directorate of common services of the Secretary of State of the environment and housing.


Sole transitional provision. Keep units and jobs.


Units and jobs with organic level lower to Subdirectorate-General continue to exist, as long as not to adopt the corresponding measures of the development of the present Royal Decree. However, the Ministry of public works, transport and environment carry out the assignment and, if necessary, redistribution of personnel which is necessary for the proper development of the attribution of functions performed by this Royal Decree.


Sole repeal provision. Repeal legislation.


How many rules of equal or lower rank is contrary to the provisions of this Royal Decree are repealed.


First final provision. Faculty of development.


The Ministry of public works, transport and environment is authorized to issue, prior compliance with the arrangements that are mandatory, many provisions are necessary for the development and implementation of the provisions of this Royal Decree.


Second final provision. Budget changes.


By the Ministry of economy and finance will be the budget changes and credit ratings necessary for the fulfilment of the provisions of this Royal Decree.


Third final provision. Entry into force.


This Royal Decree shall enter into force the day of its publication in the.


Given in Madrid on December 17, 1993.


JUAN CARLOS R.





The Minister for public administrations, JERÓNIMO SAAVEDRA ACEVEDO

Related Laws