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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.

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TEXT

The Royal Decree 1173/1993, of July 13, of Restructuring of the Ministry of Public Works, creates the Ministry of Public Works, Transport and Environment, assigning them the functions until now performed by the Ministry of Public works and transport, in accordance with the provisions of Royal Decree 576/1991 of 21 April, establishing its basic structure, and expressly incorporating in its name the competition in the environment.

The basic organic structure of the Ministry of Public Works and Transport resulted from the merger of the Ministry of Public Works and Urbanism and the Ministry of Transport, Tourism and Communications. The experience gained since then on the performance of the various lines of political action and management of resources that the Ministry of Public Works and Transport had entrusted, has advised to introduce some modifications in the structure.

The fruit of this reflection has been the approval of the Royal Decree 1671/1993 of 24 September, which modifies the organic structure of the Ministry. The main changes made by this provision relate to the change in the name of the former Secretary of State for Water and Environment Policies and the integration of hydrological planning and the hydraulic infrastructure in the area of territorial planning. This amendment does not, however, constitute anything more than a first step in a process of global restructuring.

Once the implementation of the investment plans in the transport infrastructure developed in the second half of the 80's have been completed and they have been the protagonists of the great investment effort of the Administration The coordination between the drawing up of the territorial master plans, the medium-term sectoral plans for each type of infrastructure, the implementation of the investments resulting from its implementation and the implementation of the concerted actions of urban planning and transport, almost always of a multimodal nature, in large urban agglomerations.

In order to achieve these objectives, a Secretariat of State for Territorial Policy and Public Works is created, in which the General Secretariat of Territorial Planning and Concertation, which disappears, and the Ministry of Infrastructure, are integrated. of Land Transport.

This Secretariat of State is configured as the integrated planning and equipment organ of the territory through the hydraulic and transport infrastructures, in all its modes, and the impetus of the consultation with the Territorial administrations, especially in large urban concentrations to develop integrated urban planning and transport actions, examples of which are those of Bilbao Ria 2,000, the green belt of Oviedo or the airport city de Madrid.

The Secretary of State for Territorial Policy and Public Works will promote, under the top leadership of the Minister, the elaboration of the Plan Director of Infrastructures, the National Hydrological Plan and the sectoral plans of the different modes of transport to be carried out by the said master plan, in the periods of time considered appropriate to adapt it to the budgetary scenarios and the conditions of general economic policy.

The restructuring carried out carries with it the abolition of two management centres with the rank of Directorate-General. First of all, the General Directorate of the Government Delegation disappears in the Concessional Societies of Peaje, whose political functions are directly assumed by the Secretary of State, and the administration is entrusted with the administration. administrative to a unit with a level of Subdirection General. Secondly, the Directorates-General for Territorial Policy and Urban Planning and Planning for Major Infrastructures are merged into a single Directorate-General for Planning, which is entrusted with the task of completing the preparation of the Plan. Director of Infrastructures, integrating in it the territorial components of the hydraulic planning, and its subsequent monitoring, development and review, once approved by the Government, in a way that constitutes the basic instrument of politics the State's territorial scope to guide the long-term investment policy in the territorial and urban infrastructure of state competition.

On the other hand, to the new Directorate General of Concerted Actions in the Cities, which comes to replace the Directorate General of the Intermodal Planning of the Transport in the big cities, it corresponds to the concertation with the Autonomous Communities and Local Corporations, to carry out actions that integrate the investment in transport infrastructures of the General Administration of the State with the instruments and designs derived from the planning urban development, competition from public administrations. The objective of these actions, of great importance for the development of our cities, is to ensure that the interinstitutional collaboration, in a country as decentralized as currently Spain, puts in value new urban areas and promote a city policy that integrates urban development and intermodality of the transport system, enhancing public transport and recovering obsolete infrastructures for new uses.

The integration in the Secretariat of State of Territorial Policy and Public Works of the planning and execution of the hydraulic infrastructures, allows to address the territorial policy through all its components and investment policies, coordinating the investments necessary to ensure the supply of a basic natural resource for the various uses of the territory with the transport infrastructure necessary for its development. In this new organizational structure, all investments in infrastructure are subject, within a homogeneous organic structure, to the evolution of their environmental impact made by another area of the Ministry to which it is given, precisely, of a body specifically entrusted with the management of the environmental impact assessment procedure in the field of the General Administration of the State.

Finally, it is necessary to reinforce, without cost increase in the total structure, certain management centers whose structures have been overcome by the workload with which they have to face fruit of the new priorities in the development of the Department's own activities.

In its virtue, at the initiative of the Minister of Public Works, Transport and the Environment, at the proposal of the Minister for Public Amdinistrations and after deliberation of the Council of Ministers at its meeting of 17 December 1993,

D I S P O N G O:

Article 1. The Secretary of State for Territorial Policy and Public Works.

1. The Secretariat of State for Territorial Policy and Public Works is hereby established to which the following functions are attributed:

a) The planning of the territory through the major investment projects in infrastructures, assessing their profitability and social and territorial impact, by developing and developing the Plan Director of Infrastructures and the National Hydrological Plan, as well as the sectoral plans and programs that develop them.

(b) The implementation of road and rail transport infrastructure and of the water infrastructure which is a State-owned and which result from such investment plans, adapting them to the relevant budgetary scenarios, as well as the functional guidelines needed to coordinate investments in ports and airports of state competence with the general territorial policy.

c) The consultation with the competent public administrations of the plans of infrastructure and transport with those of urban development in the cities and urban concertation, that will allow to enhance the public transport, intermodal coordination and the creation of soil.

2. From the Secretariat of State for Territorial Policy and Public Works the following upper organs and management centres depend:

a) The General Secretariat for Land Transport Infrastructure.

b) The Directorate General of Roads.

c) The General Direction of Hydraulic Works.

d) The Directorate General of Territorial Planning.

e) The Directorate General of Concerted Actions in the Cities.

f) The Directorate-General of Infrastructure for Rail Transport.

3. The Secretary of State for Territorial Policy and Public Works relies on a Cabinet as an organ of support and immediate assistance with the structure and staff regime established by Royal Decree 3775/1982 of 22 December 1982, the holder of which has the organic level of Director-General.

4. It is also assigned to the Secretariat of State, the State Society for the Promotion and Equipment of Soil (SEPES).

Article 2. General Secretariat for Land Transport Infrastructure.

1. It is the responsibility of the Secretary-General for Infrastructures of Land Transport, under the top direction of the Secretary of State, to carry out the coordination and impulse of the execution of the investments in transport infrastructures competence of the Secretariat of State, as well as ensuring the effectiveness of the relevant procurement and management procedures.

Furthermore, it will encourage the development of the sectoral plans and programmes of short-and medium-term transport infrastructures that will be framed in the Plan Director of Infrastructures, will collaborate with the design of the same, and will be responsible for how many other functions the Secretary of State is delegated to him.

2. From the General Secretariat the following Management Centres depend:

a) The Directorate General of Roads.

b) The General Directorate of Infrastructure for Rail Transport.

3. Directly dependent on the Secretary-General, there is a Technical Cabinet with the organic level of Subdirección General.

4. The Secretary-General is, at the same time, Delegate of the Government in the Concessionary Companies of Peaje, and as such he exercises the functions that this organ attributes to him the current order.

5. The General Secretariat maintains the relationship and exercises functional control with respect to the National Highway Company (ENAUSA), without prejudice to the functional control that the General Secretariat is responsible for in the field of tariff policy. Transport services and the competences that the Ministry of Economy and Finance correspond to the condition of the State Society of the Ministry of Economy and Finance.

Article 3. Directorates-General of Roads and Infrastructures of Rail Transport.

The Directorates General of Roads and Infrastructures of Rail Transport exercise the functions and maintain the structure established in the current regulations.

Article 4. General Direction of Hydraulic Works.

1. The Directorate General of Water Works retains its current structure and functions.

2. The Park of Machinery and the Commonwealth of the Taibilla Channels, with its current structure and functions, are assigned to the Secretariat of State of Territorial Policy and Public Works, through the Directorate General of Hydraulic Works. The services and resources of the Park of Machinery may be applied where the necessities advise, according to the criterion of maximum efficiency and profitability in the use of the same.

Article 5. Directorate-General for Territorial Planning.

The Directorate-General for Territorial Planning exercises the functions that Article 5.4 of Royal Decree 576/1991, of 21 April, attributed to the Directorate-General of Interregional Planning of Large Infrastructures and to (a) the provisions of Article 1.2.a (b) and (c) of Royal Decree 1432/1992, of 27 November 1992, to the Directorate-General for Territorial Policy and Urbanism.

Article 6. Directorate-General for Concerted Actions in the Cities.

The Directorate-General for Concerted Actions in the Cities exercises, within the competence of the Ministry of Public Works, Transport and the Environment, the following functions:

1. Inter-modal planning and the programming of the implementation of transport infrastructure in the urban environment, of general interest, in a concerted manner with the Territorial Administrations.

2. To develop and coordinate transport policy in the cities, within the competence of the management centres and other bodies dependent on the Ministry, integrating it with the policies of land management and regional planning other administrations.

3. To arrange with the Territorial Administrations, the actions of transport infrastructure with the urban planning and promotion of the public land in the cities, promoting and coordinating the execution of the conventions, previous report of the Ministry Economic and Financial Affairs on Economic and Financial Issues.

4. Collaborate with the Secretariat of State of Finance in the Conventions on urban and metropolitan transport, assessing the plans of infrastructure and services proposed by the affected administrations and their impact on intermodal systems of transport.

Article 7. Structure and operation of the Directorates-General for Territorial Planning and Concerted Actions in the Cities.

The aforementioned Directorates-General for Territorial Planning, and Concerted Actions in the Cities are not structured in a hierarchically structured way and their operation will be carried out through work teams. formed based on flexible functional relationships for each of the established work programmes.

Article 8. Directorate-General for Housing, Urbanism and the Architecture.

1. The Directorate General for Housing, Urbanism and Architecture exercises the functions assigned to the Directorate General for Housing and Architecture by Royal Decree 1125/1991 of 22 July, restructuring of the Secretariat of the The Ministry of Public Works and Transport, as well as those referred to in Article 1.2.d (e) and (f) of Royal Decree 1432/1992 of 27 November 1992, assigned to the Directorate-General for Territorial Policy and Urban Planning and those which are not expressly entrusted to it. Article 1.2 of Royal Decree 1679/1993, of 24 July 1993, of 24 July 1993. September.

2. The Subdirectorate General of Urbanism is created to which the development of the functions that in the matter of urbanism are assigned to the Directorate General in accordance with the provisions of the previous section.

Article 9. Powers of the Secretary of State for Territorial Policy and Public Works.

1. In accordance with the final provision of Royal Decree 1558/1977 of 4 July 1977, the Secretary of State shall exercise, in respect of the units assigned to him, the powers provided for in paragraphs 1, 4, 5, 6, 7, 10 and 11. Article 14 of the Law of Legal Regime of the State Administration, without prejudice to the superior direction of the Minister of Public Works, Transport and the Environment.

2. The Secretary of State may also carry out any duties delegated to him by the Department's holder.

Single additional disposition. Removal of organs and units.

The following organs and units are deleted:

(a) Higher organs: The General Secretariat for Territorial Planning and Concertation.

b) Management Centers:

1. The Directorate General of Intermodal Transport Planning in the Great Cities.

2. The Directorate-General for Interregional Planning for Large Infrastructures.

3. The Directorate-General for Territorial Policy and Urbanism.

4. The Directorate General for Housing and Architecture.

5. The Directorate-General of the Government Delegation to the National Highway Dealership Companies.

c) General Subaddresses:

1. The General Services Unit of the General Secretariat for Territorial Planning and Concertation.

2. The Deputy Director General of the Common Services of the Secretary of State for the Environment and Housing.

Single transient arrangement. Subsistence of units and jobs.

The units and jobs with lower organic level to Subdirección General will remain subsisting, as long as the corresponding development measures of this Royal Decree are not adopted. However, the Ministry of Public Works, Transport and the Environment will carry out the assignment and, where appropriate, redistribution of personnel that is necessary for the correct development of the attribution of functions performed by this Royal Decree.

Single repeal provision. Regulatory repeal.

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

Final disposition first. Faculty of development.

The Ministry of Public Works, Transport and the Environment is authorized to dictate, after compliance with the procedures that are required, how many provisions are necessary for the development and implementation of the provisions of the Royal Decree.

Final disposition second. Budgetary changes.

The Ministry of Economy and Finance will make the necessary budgetary modifications and credit ratings necessary for the fulfillment of the provisions of this Royal Decree.

Final disposition third. Entry into force.

This Royal Decree will enter into force on the day of its publication in the Official Journal of the State.

Given in Madrid to December 17, 1993.

JOHN CARLOS R.

The Minister for Public Administrations,

JERÓNIMO SAAVEDRA ACEVEDO