Article 1 of the Royal Decree-Law 15/2013 of 13 December 2013 provides for the creation of the business public entity ADIF-High Speed, dated 31 December 2013, as a public body provided for in the article 3.4b) of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, by means of a division of the activity of construction and administration of the railway infrastructure of high speed and others to be attributed and entrusted to the date of their creation to the Administrator Railway Infrastructure (ADIF).

ADIF-High Speed will assume the functions assigned to the railway infrastructure manager by Law 39/2003 of 17 November of the Railway Sector, in relation to those railway infrastructures whose ownership has been attributed to you, as well as to those attributed to you in the future.

The entity, in accordance with the provisions of Article 1 of Royal Decree-Law 15/2013 of 13 December, and Article 20 of Law 39/2003 of 17 November of the Railway Sector, will be attached to the Ministry of It will promote and enjoy its own legal personality and differentiated from that of the State, full capacity to act and its own patrimony, and will be governed by its law of creation, in Law 39/2003, of 17 November, of the Railway Sector, in the Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, in the rules for the development of the two, in this Statute and in the other rules applicable to it.

For the purposes of Article 44 of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, a succession of companies will be considered to exist between the Railway Infrastructure Manager (ADIF) and ADIF-High Speed. In this way, the staff of ADIF who came to attend the activities and services that, from the entry into force of the Royal Decree-Law 15/2013, of December 13, will become assumed by ADIF-High Speed, will be integrated in the latter entity, in the terms set out in Article 1 of that Royal Decree-Law.

Likewise, in the creation of this entity, it is expected that, by order of the Minister of Public Works and the Minister of Finance and Public Administrations, it will be determined which assets and liabilities of which they belonged or were assigned to the Railway Infrastructure Manager (ADIF), they will become the property of ADIF-High Speed.

In any case, the equity of ADIF-High Speed shall be incorporated in the railway infrastructure whose ownership has been attributed to it and all the movable and immovable property of the Railway Infrastructure Manager (ADIF) which are deemed appropriate to ensure the financial sustainability of the new entity, as well as the debt assumed by the Railway Infrastructure Manager (ADIF) in relation to those assets.

Article 1.1 of Royal Decree-Law 15/2013, of 13 December, enables the approval of the Statute of the business public entity ADIF-High Speed, which will determine its basic organizational structure, its organs with a specification of its composition and powers and, in general, its legal status.

Also, as a result of the creation of the business public entity ADIF-High Speed by excision of the branch of activity of ADIF of construction and administration of the high speed infrastructures, the the need to amend the ADIF Statute, in order to adapt it to the new order of things. In this sense, by means of the final first provision of this royal decree, Articles 1, 3, 4, 6, 9, 11, 13, 16, 17, 23, 27, 30, 31, 33, 34 and 40 of that Statute are amended.

In its virtue, at the initiative of the Minister of Development and on the proposal of the Minister of Finance and Public Administrations, according to the Council of State and after deliberation by the Council of Ministers at its meeting on December 2013,

DISPONGO:

Single item. Approval of the ADIF-High Speed Business Public Entity Statute.

The ADIF-High Speed Business Public Entity Statute is approved, the text of which is inserted below.

Additional disposition first. Start of ADIF-High Speed activities.

In accordance with the provisions of Article 1 of Royal Decree-Law 15/2013 of 13 December 2013, the business public entity ADIF-High Speed, by means of the division of the branch of activity of the company, is created by 31 December 2013. the construction and management of high-speed rail infrastructure and others which are attributed to it and are entrusted to the business public entity of Railway Infrastructure Manager (ADIF) up to that date.

As of its creation date, ADIF-High Speed assumes the functions assigned to the railway infrastructure manager in Law 39/2003, of 17 November, of the Railway Sector, and in its standards of development, in the relationship with the railway infrastructure that has been allocated to it, as well as those allocated to it in the future.

Additional provision second. Succession of companies.

1. The work staff of ADIF who came to attend the activities and services that, from the entry into force of the Royal Decree-Law 15/2013, of December 13, become assumed by ADIF-High Speed, will become integrated in the latter entity. The addition of such personnel to ADIF-High Speed shall be carried out by order of the Minister of Public Works, after a favourable report by the Ministry of Finance and Public Administrations.

Such a Ministerial Order shall be given after hearing of the representatives of the workers of the first of the entities mentioned.

2. For the purposes of Article 44 of the Recast Text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, it will be understood that a succession of Companies between the business public entity Railway Infrastructure Manager (ADIF) and the business public entity ADIF-High Speed. To this end, the employees of the business public entity Administrator of Railway Infrastructures (ADIF) will be integrated into the business public entity ADIF-High Speed, taking into account the activities and services that will be provided in that they become assumed by ADIF-High Speed according to their standard of creation.

The Ministry of Public Works will ensure, in particular, for the proper implementation of the provisions of the previous paragraph and paragraph, promoting the dialogue between the entities and the representatives of the workers ' groups. affected by its application. It shall also provide for compliance with the working conditions of the staff of the entity as long as they are not replaced by collective bargaining.

The persons who have the status of legal representatives of the workers in the Railway Infrastructure Manager (ADIF) and who will be integrated into ADIF-High Speed, will continue to perform their duties in the same terms and under the same conditions as previously governed.

3. The establishment of the entity and its operation shall be carried out without any increase in staff, remuneration or other personnel costs.

Additional provision third. Staff ratings.

The qualified staff of the Railway Infrastructure Manager (ADIF) who came to perform functions related to the management of the circulation of railway traffic and with the safety in the circulation at the moment of its membership in ADIF-High Speed, will be understood to be enabled for the performance of the same as from that date, without it entailing any modification of its working conditions and salary.

Additional provision fourth. Continuity of the arrangements made to the business public entity Railway Infrastructure Manager (ADIF).

1. The powers and tasks of construction or administration of high-speed railway infrastructure which, prior to the entry into force of this royal decree, would have been carried out in favour of the public enterprise The Railway Infrastructure Manager (ADIF) will, from that date, be understood as referring to ADIF-High Speed, which will be used to hold the position that, with respect to these privileges and to the Railway Infrastructure (ADIF), with the understanding that the provisions of the Article 6.1 of the Statute, which is approved by this royal decree, as regards the necessary Resolution of the Ministry of Public Works for the establishment or modification of high-speed railway lines or sections thereof. ADIF-High Speed, will also hold, in respect of the construction projects, the powers of approval and supervision of the corresponding construction projects, of its repose and, if necessary, of certification of the compliance, these, from the Environmental Impact Statement.

Also, how many management starts would have been carried out in favour of the Railway Infrastructure Manager (ADIF) in relation to high-speed rail infrastructure, they will be understood, on the same date, carried out in favour of ADIF-High Speed, which shall be the responsibility of the exercise of the abovementioned activities.

2. The expenditure files related to the administration of the railway infrastructure attributed to ADIF-High Speed, which have been initiated by the public company Public Infrastructure Manager (ADIF) and which are pending resolution on the date of effective establishment of the business public entity ADIF-High Speed, will continue processing by the latter.

The business public entity ADIF-High Speed shall be subrogated in all contracts relating to the matters constituting its object, which would have been concluded by the business public entity Administrator Railway Infrastructure (ADIF).

For the purposes of this subrogation, ADIF-High Speed shall draw up, under the supervision of the Ministry of Public Works, a report specifying the specific situation of performance of the contracts in respect of which the subrogation, expressly indicating the amounts to be paid or to be charged.

With regard to the procurement files relating to the subjects that constitute the object of ADIF-High Speed, which would have been initiated by the Railway Infrastructure Manager (ADIF) and that, to the date of The entry into force of this royal decree, they are in processing, the actions will continue in the state in which they are found, to whose effect ADIF-High-Speed will be subrogated in the position that the Administrator of the Railway Infrastructures (ADIF) in such files.

Additional provision fifth. Contingency Plan.

It is considered that, as of December 31, 2013, the business public entity ADIF-High Speed maintains the validity of the current contingency plan of ADIF in accordance with the provisions of Article 34 of Law 39/2003, of 17 of November, from the Railway Sector.

Notwithstanding the above, within the maximum period of six months from the date indicated, ADIF-High Speed shall submit its contingency plan to the Ministry of Development for approval.

Additional provision sixth. Economic exercise.

In accordance with the provisions of Article 1 (9) of Royal Decree-Law 15/2013 of 13 December 2013, the date of accounting effects of the division of the branch of activity provided for therein shall be 1 January 2013. The Railway Infrastructure Manager (ADIF) and ADIF-High Speed will recognize in their accounting records, the date of creation of the new business public entity, the retroactive effects of the division, according to the criteria which are set out in the order of the Minister for Development provided for in paragraph 5 of that Article.

Consequently, the first economic exercise of ADIF-High Speed will begin on January 1, 2013 and end on December 31 of that same year.

In any case, the provisions of the preceding paragraph do not imply the assumption by ADIF-High Speed of obligations against third parties prior to its creation. In addition, transactions which, as a result of the provisions of the preceding paragraph, are to be recorded in their accounts by both public undertakings in order to recognise the effects of the division by 1 January 2013, shall not be payable. no tax, with the exception of its consideration for the purposes of determining the corporate tax base of each of the entities for the financial year 2013.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank are repealed to be opposed to the provisions of this royal decree.

Final disposition first. Amendment to the Staff Regulations of the business public entity manager of railway infrastructure (ADIF), approved by Royal Decree 2395/2004 of 30 December 2004.

The Statute of the business public entity Administrator of Railway Infrastructure (ADIF), approved by Royal Decree 2395/2004, of 30 December, is amended as follows:

One. The reference to the General Secretariat of Infrastructures of the Ministry of Development, contained in Article 1.1, shall be understood as the Minister of Public Works.

Two. Article 3 (1) (c) is read as follows:

"(c) The management of the railway infrastructure of its ownership."

Tres.Article 3 (1) (d) is worded as follows:

"(d) The control and inspection of the railway infrastructure, its protection zones and the railway traffic which it produces."

4. Article 3 (1) (m) is read as follows:

" (m) The proposal to amend and update the fees for the use of the railway infrastructure which it administers, the management, liquidation and collection of the fees payable for the use of the said fees infrastructure, as well as, where appropriate, the charging of fees for additional, complementary and ancillary services. "

Five. Paragraph 1 of Article 4 is deleted by passing paragraphs 2, 3 and 4 to paragraphs 1,2 and 3 respectively.

Six. Article 6 is amended as follows:

(a) Paragraph 1 is read as follows:

" 1. The Resolution of the Ministry of Public Works, which, in accordance with the provisions of Article 6 of the Law of the Railway Sector, determines the establishment or modification of the railway lines belonging to the Railway Network of General Interest or of sections thereof, shall establish whether the approval of the basic and construction projects and the execution of the works shall be carried out by ADIF. '

(b) Paragraph 3 is deleted.

(c) Paragraph 4 becomes paragraph 3.

Seven. Article 9 is worded as follows:

" Article 9. Scope.

1. The management of the railway infrastructure integrated into the General Interest Railway Network is intended to maintain and operate those infrastructure, as well as the management of its control, traffic and safety systems.

2. ADIF is competent to maintain and operate the railway infrastructure of which it is a holder, as well as to manage its control, traffic and safety systems. '

Eight. Article 11 is worded as follows:

" Article 11. Operation of the high-speed rail infrastructure and management of control, traffic and safety systems.

1. ADIF will carry out the operation of the railway infrastructure of its ownership in accordance with the provisions of Law 39/2003, of 17 November, of the Railway Sector, in the regulatory development of the same in relation to the administration of the railway infrastructure and other rules that are applicable.

2. As provided for in Article 22.4 of Law 39/2003 of 17 November of the Railway Sector, the functions inherent in the management of the control, movement and security system may not be entrusted to third parties, with the sole the exception of the provisions of Article 1.7 of the Royal Decree-Law 15/2013 of 13 December. Those functions shall be understood to be those relating to the provision of the service intended to ensure the effectiveness of the system and its full reliability. '

New.Article 13 is amended as follows:

(a) The third subparagraph of paragraph 1 is deleted.

(b) Paragraphs 2 and 3 are worded as follows:

" 2. The Railway Infrastructure Manager (ADIF) will contract in accordance with the provisions of Law 31/2007 of 30 October on procurement procedures in the water, energy, transport and postal services sectors. In cases where this Law does not apply, the Railway Infrastructure Manager (ADIF) shall accommodate its performance to the internal instructions to be approved by that entity for the award of contracts not subject to regulation harmonised, in accordance with the provisions of Article 191 of the Recast Text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November.

However, the Railway Infrastructure Manager (ADIF) will adjust its activity to the rules established for Public Administrations in the Recast Text of the Law on Public Sector Contracts, adopted by Royal Decree-Law 3/2011 of 14 November in the preparation, award, fulfilment, effects and extinction of contracts for the construction or modification of railway infrastructure, with the exception of works of electrification and signalling, the maintenance of the railway infrastructure and the management of traffic control, traffic and safety systems.

3. In those contracts in which, in accordance with the previous paragraph, benefits are included whose recruitment is submitted to the Recast Text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011, of 14 November, together with benefits the recruitment of which is subject to Law 31/2007 of 30 October on procurement procedures in the water, energy, transport and postal services sectors, and/or together with benefits whose procurement is governed by the internal instructions approved by the entity in accordance with the provided for in Article 191 of the recast text, the Railway Infrastructure Manager (ADIF) shall in any case consider, for the purposes of determining the rules to be observed in the preparation and award, the effects and the extinction of the contracts, the nature of the benefit which is most important from an economic point of view.

When in these cases where several activities are intended to be carried out, it should be made clear by means of the prior assessment document referred to in Article 134 of the recast text of the Law on Contracts of the Sector Public, the circumstances referred to in Article 134, and that the alternative arrangements for procurement provided for in the rules which are applicable, in accordance with the above rules, do not permit the satisfaction of the purposes and projected objectives, the Railway Infrastructure Manager (ADIF) will be able to the construction or management of railway infrastructure through the conclusion of contracts for collaboration between the public sector and the private sector as defined in Article 11 of the recast of the Law on Public Sector Contracts. These contracts shall be governed, with the specialities provided for in this Law, by the rules applicable to them as referred to in the first subparagraph of paragraph 3, except in cases where they are included in the carry out the execution of platform and/or road assembly works in which the Railway Infrastructure Manager (ADIF) will adjust its activity to the rules established for Public Administrations in the Recast Text of the Law of Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, on contracts for cooperation between the public sector and the private sector, irrespective of the percentage of each of the benefits from the economic point of view of the total budget of the contract.

In contracts for collaboration between the public sector and the private sector, the term of execution of the contract will be determined according to the amortisation of the investments or the financing formulas to be provided, without the limitation provided for in Article 314 of the aforementioned recast of the Law on Public Sector Contracts is applicable; however, the duration of such contracts may in no case exceed forty years. In addition, in all contracts for collaboration between the public sector and the private sector whose estimated value is EUR 12 million or more, the approval of the dossier will require prior authorisation from the Council of Ministers and the mandatory and binding report of the Ministry of Finance and Public Administrations that gives a statement on the budgetary implications and financial commitments that it entails, as well as on its impact on compliance with the objective of budgetary stability. "

c) A new paragraph 4 is added with the following wording:

" 4. The Railway Infrastructure Manager (ADIF) may also carry out the construction or management of railway infrastructure through the conclusion of the appropriate contract for the award of public works, which will be governed by the provided in the Recast Text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, with the specifications provided for in Law 39/2003 of 17 November of the Railway Sector. "

(d) Paragraph 4 becomes paragraph 5, while retaining its current wording.

Ten. Article 16 (1) (n) is read as follows:

" (n) Approve the statement on the network and exercise the other functions attributed to the railway infrastructure manager in terms of access to the infrastructure of its ownership in the Railway Sector Law and in its development regulations. "

Once. Article 16 (1) (p) shall be read as follows:

" (p) Approve the proposal to amend and update the fees for the use of railway infrastructure, as well as the proposals for the charges for the provision of additional and supplementary services to be increased the Ministry of Public Works, and fix the prices for the provision of ancillary services. "

Twelve. Article 17 (1) is worded as follows:

" 1. The Board of Directors may delegate its powers to the President, to the delegated Commissions which are constituted and to the other internal bodies of the institution which it determines, with the exception of those referred to in points (a), (b), (d), (e), (f), (g), (i), (l), (m), (o), (p) and (r) of the previous Article.

Also, without prejudice to the foregoing, the Board of Directors may delegate to the President and to the Commission Delegated the powers which, as provided for in point (h) of the previous article, correspond to him as an organ. for the procurement, except those involving the approval of the file, the expenditure, the opening of the award procedure and the award of the contract itself. '

Thirteen. Article 23 (2) (h) is read as follows:

" (h) Submit to the Board of Directors the rates to be approved or amended by the Board and those to be proposed to the Administration for further approval, and submit the proposal to the Management Board. modification and updating of the fees for the use of railway infrastructure to be agreed by the railway infrastructure. "

Fourteen. A new third paragraph is added to Article 27 with the following wording:

" The remuneration regime of the management staff and the President of ADIF, as well as the compensation for the assistance of the members of its Board of Directors, shall be in accordance with the provisions of Royal Decree 451/2012, 5 of March, by which the remuneration regime of the top managers and managers in the business public sector and other entities is regulated. "

Fifteen. Article 30 is amended as follows:

(a) Paragraph 2 is read as follows:

" 2. All the railway infrastructure that is currently being managed by the Railway Infrastructure Manager (ADIF) and which integrate the General Interest Railway Network, except those whose ownership is located attributed to the business public entity ADIF-High Speed. "

(b) Paragraph 4 is read as follows:

" 4. In no case will they be the assets of the Railway Infrastructure Manager, in accordance with Article 24 of the Law on the Railway Sector, the infrastructure that, in the future, will be built from the resources of a third party. "

Sixteen. Article 31 is read as follows:

" Article 31. Disaffection.

According to the provisions of Article 24 of Law 39/2003 of 17 November of the Railway Sector, the public domain property of ADIF, which is unnecessary for the provision of the services of General interest and essential for the community that you perform, may be affected by that. The disaffection shall be carried out on the basis of a declaration of innecessity made by the Board of Directors and shall determine the incorporation into their assets of the goods which have been affected, which may be the subject of disposal or permuse. "

seventeen. A new paragraph 8 is added to Article 33, passing the current paragraphs 8, 9, 10, 11 and 12 to 9, 10, 11, 12 and 13 respectively, which will have the following wording:

" 8. Current and capital transfers from the General Administration of the State and other Administrations. '

Eighteen. Article 34 is amended as follows:

(a) Paragraph 3 is read as follows:

" 3. ADIF shall provide the National Markets and Competition Commission with all the information it requires on the management, settlement and collection of fees due to the use of its railway infrastructure. entitlement. "

(b) Paragraph 5 is read as follows:

" 5. Without prejudice to the general legal regime applicable to the impeachment of the ADIF acts as an entity governed by public law:

-Those relating to the management, liquidation and collection of the fees provided for in Law 39/2003, of 17 November, of the Railway Sector will be liable to claim in an economic and administrative way.

-By way of derogation from the foregoing point, those relating to the amount, structure or application of the fees for the use of railway infrastructure shall be liable to the National Commission for complaints. of the Markets and the Competition, in the terms set out in Law No 3/2013 of 4 June establishing the said Commission. '

nineteen. Article 40 is worded as follows:

" Article 40. Drawing up the budget.

The entity shall draw up, annually, its Operating and Capital Budgets, together with the Multi-annual Action Programmes, with the structure to be determined by the Ministry of Finance and Public Administrations. in the form established, for the business public entities, in Law 47/2003 of 26 November, General Budget. "

Final disposition second. Inventory of goods.

ADIF-High Speed will perform within two years from the beginning of its activities, the inventory, complete and audited, of the assets that integrate its patrimony, in accordance with the provisions of Article 3 of the Royal Decree-Law 15/2013 of 13 December. The updating of this inventory shall be carried out in accordance with the procedure laid down in Article 32 of the Staff Regulations.

Final disposition third. Powers of development.

The Minister of Public Works is authorized to dictate how many provisions and measures are deemed necessary for the development and implementation of this royal decree.

Final disposition fourth. Entry into force.

This royal decree will enter into force on December 31, 2013.

Given in Madrid, on December 27, 2013.

JOHN CARLOS R.

The Minister of Finance and Public Administrations,

CRISTOBAL MONTORO ROMERO

BUSINESS PUBLIC ENTITY STATUS ADIF-HIGH SPEED

CHAPTER I

General provisions

Article 1. Nature and legal status.

1. The business public entity ADIF-High Speed is set up as a public body as provided for in Article 43.1.b) of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State. Ministry of Development through the holder of the said Department. It has its own legal personality, full capacity to act for the fulfillment of its own purposes and its own patrimony and is governed by the provisions of the Royal Decree-Law 15/2013 of 13 December, in Law 39/2003 of 17 November of the Sector Railway, in Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, in the norms of development of both, in this Statute, in the budgetary legislation and other norms that are of application. In the absence of these rules, the private legal order will apply.

2. The provisions of Law No 30/1992 of 26 November 1992 on the Legal System of Public Administrations and the Common Administrative Procedure shall apply to ADIF-High Speed when exercising administrative powers and in respect of the the will of your organs.

Article 2. Management autonomy.

In the exercise of its functions, ADIF-High Speed will act with autonomy of management, within the limits established in its rule of creation, in the Law of the Railway Sector, in this Statute and other legislation that is applicable, observing the principle of cost-benefit efficiency, aiming at the financial economic balance and taking into consideration, in any case, the guarantee of public interest, the satisfaction of social needs with the highest quality, the safety of users and the overall efficiency of the rail system.

CHAPTER II

ADIF Functions-High Speed

Section 1. Activities to be developed by ADIF-High Speed

Article 3. ADIF-High Speed competencies and functions.

1. According to the provisions of the Royal Decree-Law 15/2013 of 13 December, and in Article 21 of the Law of the Railway Sector, the following powers are assigned to ADIF-High Speed:

(a) The approval of the basic projects and the construction of high-speed rail infrastructure to be part of the General Interest Railway Network, if this is established in the relevant Resolution of the Ministry of Development to determine its establishment or modification, and its construction whenever it is carried out with its own resources and, in any case, according to the Ministry of Public Works.

(b) The construction of high-speed rail infrastructure, with the resources of a third party, in accordance with the relevant convention.

c) The management of the railway infrastructure of its ownership.

(d) the control and inspection of the railway infrastructure, its protection zones and the railway traffic which it produces.

e) The exploitation of the assets of your entitlement.

(f) The elaboration and publication of the network declaration on the infrastructure to be administered, as provided for in the Law of the Rail Sector and its implementing rules.

g) The allocation of infrastructure capacity to the railway undertakings that request it.

h) The issuance of reports prior to the granting, by the Ministry of Public Works, of the licenses of railway undertakings and of the authorizations to provide services that have been declared in the public interest, in the cases provided for in the Law of the Railway Sector, as well as the issuance of any other report required by that Ministry or by any other organ of the Public Administrations.

i) The elaboration of the instructions and circulars necessary to determine, precisely, the operating conditions on the railway infrastructure integrated into the General Interest Railway Network that it administers.

(j) the provision of additional services and, where appropriate, ancillary and ancillary services to the rail transport service in the infrastructure of their ownership.

k) The elevation to the Ministry of Promotion of the proposed tariffs for the provision of additional and complementary services, and the fixing of those corresponding to the ancillary services that are provided in the infrastructures of your entitlement.

l) The proposal to amend and update the fees for the use of the railway infrastructure which it administers, the management, liquidation and collection of the fees payable for the use of such fees infrastructure, as well as, where appropriate, the charging of fees for additional, complementary and ancillary services.

(m) Cooperation with bodies in other Member States of the European Union to manage high-speed rail infrastructure, to establish and to allocate infrastructure capacity covering more than one year. national network.

n) The celebration, with the railway companies, of framework agreements.

n) The acquisition of electrical power for the supply of the current service to the rail system.

or) The establishment of the guidelines governing the procedure for conducting the investigation of the railway accidents that correspond to it.

p) The preparation of an annual report covering all incidents and accidents resulting from the provision of the rail transport service.

q) The elaboration of a contingency plan that includes the necessary measures to restore the situation of normality in the event of an accident, technical failure or any other incident that disturbs the railway traffic.

r) The resolution of the claims of patrimonial liability that are formulated with respect to the action of the same.

s) How many others attribute the applicable regulations to you.

2. ADIF-High Speed shall not be able to provide rail transport services, except those which are inherent in its own activity.

3. For the performance of its functions, ADIF-High Speed may perform all kinds of administrative and disposition acts provided for in civil and commercial law.

Article 4. Conventions.

1. ADIF-High Speed may conclude any agreements with the General Administration of the State or with other Public Administrations for the best performance of its purposes. In particular, it may enter into agreements with the General Administration of the State for the financing of the activities that constitute its object.

2. ADIF-High Speed and the Railway Infrastructure Manager (ADIF) may be entrusted, by means of the subscription of the appropriate agreement, to carry out certain activities. Such agreements shall necessarily include the economic compensation to be paid to ADIF or, where appropriate, ADIF-High Speed, for the provision of the services entrusted.

In particular, both entities may be entrusted with the management of infrastructure capacity and, due to the interconnection of the networks whose administration they have allocated, and in accordance with the provisions of Article 1.7 of the Treaty. Royal Decree-Law 15/2013 of 13 December, also the management of control, circulation and security systems.

3. Also, ADIF-High Speed may celebrate with RENFE-Operator, with railway undertakings or with any public or private entity, collaboration agreements, which may be subject to the regime of use of facilities or dependencies of common interest, which may be carried out in complementary commercial activities with the object of the agreement or necessary for the fulfilment of the agreement.

Article 5. Telecommunications networks.

ADIF-High Speed may establish and operate telecommunications networks in terms of the regulatory provisions of the telecommunications sector.

Section 2. Construction of the high-speed rail infrastructure members of the Railway Network of General Interest

Article 6. Projects and construction.

1. The Resolution of the Ministry of Public Works, which, in accordance with the provisions of Article 6 of the Law of the Railway Sector, determines the establishment or modification of the railway lines belonging to the Railway Network of General Interest or of sections thereof, shall establish whether the approval of the basic and construction projects and the execution of the works shall be carried out by ADIF-High Speed.

2. Where the decision referred to in the previous paragraph determines that the approval of the basic and the construction projects corresponds to ADIF-High Speed, the latter shall also have the powers of supervision and review of the projects. projects and, where appropriate, the certification of compliance with the environmental impact statement of the projects.

3. Where, pursuant to that resolution, the execution of the construction works of railway lines belonging to the Railway Network of General Interest or of sections thereof corresponds to ADIF-High Speed, the latter shall be carried out by the construction of their own resources, within the budgetary framework authorised, for these purposes, by the Minister of Finance and Public Administrations.

Article 7. Expropriations.

1. In accordance with the provisions of Article 6 of Law 39/2003 of 17 November of the Railway Sector, the expropriations to be carried out for the construction by ADIF-High Speed, with own resources, of railway lines, tranches of the same or other elements of the railway infrastructure to be integrated into the General Interest Railway Network shall be governed by the general legislation of compulsory expropriation, taking into account the following rules:

(a) The expropriatory power will be exercised by the General Administration of the State and the beneficiary of the expropriation will be ADIF-High Speed, which will pay the justiceof the expropriations. In any event, the beneficiary of the expropriation will have the rights and obligations provided for in the Compulsory Expropriation legislation.

b) the approval by ADIF-High Speed or by the Ministry of Public Works, of the relevant basic project or of the construction of railway lines, sections of the same or other elements of the railway infrastructure; or modification of the pre-existing ones, which requires the use of new land, will mean the declaration of public utility or social interest, the need for occupation and the declaration of urgency of the same, for the purposes of the compulsory expropriation of the land on which the line, section or element of the line is to be constructed railway infrastructure, or which are necessary to modify the pre-existing ones, as provided for in the expropriatory legislation.

2. In the protection zone up to the building limit line, ADIF-High Speed will be able to request the Ministry of Public Works for the expropriation of goods that will become public domain, the declaration of public utility and the need for its occupation, provided that its interest is justified for the proper provision of rail services and for the safety of traffic.

3. The approval of the Ministry of Development of the Project for the Delimitation and Use of Railway Spaces referred to in Article 9 of Law 39/2003 of 17 November of the Railway Sector will carry the declaration of utility public or social interest, the need for occupation and the declaration of urgency of the occupation, for the expropriation of the goods and rights necessary for its implementation.

Article 8. Operation of the railway infrastructure.

Prior to the start of the operation of lines, tranches and terminals of the railway infrastructure, ADIF-High Speed must obtain the authorization of the Ministry of Public Works that accredit that those can be opened to the public rail transit. With respect to the opening to the railway transit of the other elements that integrate the infrastructure, the rules to be determined by the Ministry of Public Works will be met by ADIF-High Speed.

Section 3. Administration of the rail infrastructure of ownership of ADIF-High Speed integrated in the Railway Network of General Interest

Article 9. Scope.

1. The management of the railway infrastructure integrated into the General Interest Railway Network is intended to maintain and operate those infrastructure, as well as the management of its control, traffic and safety systems.

2. ADIF-High Speed is competent to maintain and operate the railway infrastructure of which it is a holder, as well as to manage its control, traffic and safety systems.

Article 10. Maintenance of the railway infrastructure.

1. For the purposes of this Statute, the maintenance of railway infrastructure is understood as the whole of the operations of conservation, repair, replacement and technological updating of elements, which will allow the preservation of the infrastructure Railway integrated railway network of general interest, in conditions of adequate operational and security.

2. It is up to ADIF-High Speed to carry out the studies and the approval and review of the projects, and of their modifications, which are necessary for the maintenance of the railway infrastructure. The material wording of the studies and projects shall be carried out by the ADIF itself-High Speed or by means of third parties.

Article 11. Operation of the railway infrastructure and management of control, traffic and safety systems.

1. ADIF-High Speed will perform the operation of the railway infrastructure of its ownership in accordance with the provisions of Law 39/2003, of 17 November, of the Railway Sector, in the regulatory development of the same in relation to the the management of railway infrastructure and the other rules applicable to it.

2. As provided for in Article 22.4 of Law 39/2003 of 17 November of the Railway Sector, the functions inherent in the management of the control, movement and security system may not be entrusted to third parties, with the sole the exception of the provisions of Article 1.7 of the Royal Decree-Law 15/2013 of 13 December. Those functions shall be understood to be those relating to the provision of the service intended to ensure the effectiveness of the system and its full reliability.

Article 12. The management of a telematics record by ADIF-High Speed.

1. ADIF-High Speed shall manage, in accordance with Article 38.9 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, a telematic register enabled for the receipt or departure of the applications, the communications and any written documents relating to the procedure for the allocation of railway infrastructure capacity, in accordance with the provisions of the Law of the Sector Railway.

2. This telematic register must comply with the requirements laid down in article 38.3 of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure and Law 11/2007, of 22 of July, for the Electronic Access of Citizens to Public Services, and will allow, on a permanent basis, the submission of applications, communications and any written documents. For the purposes of calculating time limits, the receipt of a document on a non-business day shall be understood as the first working day following.

3. Applications, communications and any written submissions to the telematic registry shall meet the criteria of availability, authenticity, integrity, confidentiality and preservation of the information in the manner determined by the applicable rules.

Section 4. Legal Regime for hiring in ADIF-High Speed

Article 13. Legal regime for hiring in ADIF-High Speed.

1. The contracting of the construction or modification works of the railway infrastructure shall be carried out by ADIF-High Speed after processing by the same contracting file.

It shall be understood by works of modification of railway lines that involve substantial alterations of the layout of the same, such as works of adaptation of its layout at high speed, works of duplication of the road existing railway, variants or other works of similar characteristics.

2. ADIF-High Speed will contract in accordance with the provisions of Law 31/2007 of 30 October on procurement procedures in the water, energy, transport and postal services sectors. In cases where this law does not apply, ADIF-High Speed shall accommodate its action to the internal instructions to be approved by that entity for the award of contracts not subject to harmonised regulation, in accordance with the provisions In Article 191 of the Recast Text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November.

Notwithstanding the above, ADIF-High Speed will adjust its activity to the rules established for Public Administrations in the Recast Text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011, of 14 November, in the preparation, award, fulfilment, effects and extinction of the contracts of construction works or modification of the railway infrastructures, with the exception of the works of electrification and signalling, the maintenance of railway infrastructure and the management of control systems, traffic and traffic safety.

3. In those contracts in which, in accordance with the previous paragraph, benefits are included whose recruitment is submitted to the Recast Text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011, of 14 November, together with benefits the recruitment of which is subject to Law 31/2007 of 30 October on procurement procedures in the water, energy, transport and postal services sectors, and/or together with benefits whose procurement is governed by the internal instructions approved by the entity in accordance with the provided for in Article 191 of that recast text, ADIF-High Speed shall in any event, for the purposes of determining the rules to be observed in the preparation and award of contracts, the effects and extinction of such contracts, the provision that is more important from an economic point of view.

When in these cases where several activities are intended to be carried out, it should be made clear by drawing up the ex-ante evaluation document referred to in Article 134 of the recast of the Law of Contracts of the Public Sector, the circumstances referred to in Article 134, and the alternative forms of procurement provided for in the rules which are applicable, in accordance with the above rules, do not permit the satisfaction of the Objectives and objectives projected, ADIF-High Speed may perform the construction or the management of railway infrastructure through the conclusion of contracts for collaboration between the public sector and the private sector as defined in Article 11 of the recast of the Law on Public Sector Contracts. These contracts shall be governed, with the specialities provided for in this Law, by the rules applicable to them as referred to in the first subparagraph of paragraph 3, except in cases where they are included in the carry out the execution of platform and/or road assembly works in which ADIF-High Speed will adjust its activity to the standards established for Public Administrations in the Recast Text of the Law on Public Sector Contracts, approved by Royal Decree-Law 3/2011 of 14 November concerning contracts for cooperation between the public sector and the private sector, irrespective of the percentage of each of the economic benefits in respect of the total budget of the contract.

In contracts for collaboration between the public sector and the private sector, the term of execution of the contract will be determined according to the amortisation of the investments or the financing formulas to be provided, without the limitation provided for in Article 314 of the aforementioned recast of the Law on Public Sector Contracts is applicable; however, the duration of such contracts may in no case exceed forty years. In addition, in all contracts for collaboration between the public sector and the private sector whose estimated value is EUR 12 million or more, the approval of the dossier will require prior authorisation from the Council of Ministers and the mandatory and binding report of the Ministry of Finance and Public Administrations that gives a statement on the budgetary implications and financial commitments that it entails, as well as on its impact on compliance with the objective of budgetary stability.

4. ADIF-High Speed may also carry out the construction or administration of railway infrastructure by the conclusion of the appropriate contract for the award of public works, which shall be governed by the provisions of the recast of the Law of Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, with the specifications provided for in Law 39/2003 of 17 November of the Railway Sector.

5. For the award, for the open or restricted procedure, of those contracts subject to the Recast Text of the Public Sector Contracts Law, the contracting authority of the appropriate entity will be assisted by a Bureau of Contracting constituted by a President, a minimum of four Vocals, one of which shall be the person who holds the status of Secretary of the Board of Directors of the institution, which shall have the legal advice of the Bureau, and another the Financial Controller in the entity, and by a secretary. In the negotiated procedures, the appointment of the Recruitment Bureau shall be the subject of the contracting authority.

The members of the Recruitment Bureau, which shall be composed of the staff of the entity, shall be appointed by the relevant contracting authority on a permanent basis or for the award of a specific or certain contracts. If the designation is permanent or for a plurality of contracts, the composition of the Bureau shall be published in the Official Gazette of the State.

CHAPTER III

ADIF Business Public Entity Organization-High Speed

Article 14. Governing bodies.

The governing bodies of ADIF-High Speed are as follows:

a) The Board of Directors.

b) The President.

Article 15. The Board of Directors.

1. ADIF-High Speed is governed by a Board of Directors entrusted with the top management of its administration and management, consisting of the President and a minimum number of nine and maximum of ten Vocals. The appointment and dismissal of the Vocals is the responsibility of the Minister of Public Works.

No persons belonging to the Board of Directors of RENFE-Operadora or any of its subsidiaries, nor any railway undertaking or candidate for the Board of Directors of ADIF-High Speed may be a member of the Board of Directors of ADIF-High Speed. the ability to obtain capacity.

2. The Chairman of the entity shall be the Chairman of the Board of Directors of the entity.

In case of vacancy, absence or illness of the President, the Presidency of the Council shall assume the oldest and, at the same age, the oldest Vocal.

Article 16. Powers of the Board of Directors.

1. The Board of Directors is responsible, in accordance with this Statute and in accordance with the provisions of the legislation in force, for the following powers:

(a) Determine the structure of the institution, approve the general criteria for the organisation and the guidelines for the elaboration and modification of the template, as well as for the determination of the remuneration conditions basic, within the framework of action referred to in Article 29 of this Statute.

(b) Propose to the Ministry of Public Works the rules to be laid down in the development of this Statute and to report on its content prior to its final approval or modification.

c) Issue the reports that, as provided for in the Law of the Railway Sector, in its implementing rules and in this Statute, are to be evacuated by ADIF-High Speed, with a precept or potestative character, at a request of the organs of any public administration.

(d) Dictate the rules of operation and the adoption of agreements of the Board of Directors itself, as not provided for in this Statute.

e) Approve, initially, the annual operating and capital budgets and the multi-annual action programme and raise them to the Ministry of Development for processing, in accordance with the provisions of Law 47/2003, November, General Budget.

f) Approve the annual accounts, the management report and the proposal for the application of the results of the entity, all in accordance with the provisions of this Statute.

g) Authorize credit operations and other borrowing operations that the entity may agree to.

(h) Act as a contracting authority in contracts the amount of which exceeds EUR 6 million and in which they have a lower amount if it is deemed appropriate.

i) Agree to the participation in the social capital of all classes of entities that have the character of a commercial company and that are related to their activities, in accordance with the provisions of the Law.

j) conferring general or special powers on individuals or individuals.

k) Approve agreements, covenants, agreements and contracts that it deems appropriate or necessary for the realization of the purposes of the entity, including the acquisition and disposal of real rights. The amounts exceeding EUR 20,000,000 shall be authorised by the Council of Ministers, on a proposal from the Finance and Public Administrations.

l) Approve the agreements to subscribe with the General Administration of the State for the financing of the activities that constitute its object.

m) Approve the inventory of goods and rights in accordance with the provisions of Article 3 of Royal Decree-Law 15/2013 of 13 December and the Law on the Heritage of Public Administrations.

n) Approve the statement on the network and exercise the other functions attributed to the railway infrastructure manager in the Railway Sector Law and its development regulations, in terms of access to railway infrastructure of their ownership, integrated in the Railway Network of General Interest.

n) Issue reports prior to the granting, by the Ministry of Public Works, of the licenses of railway undertakings and of the authorizations to provide services that have been declared in the public interest, in the cases provided for in the Rail Sector Law.

(o) Approve the proposal to amend and update the fees for the use of railway infrastructure, as well as the proposals for the charges for the provision of additional and supplementary services to raise the Ministry of Public Works, and set prices for the provision of ancillary services.

p) Approve the agreements that the business public entity holds with the bodies that in other Member States of the European Union administer the railway infrastructures to establish and to adjudicate infrastructure covering more than one national network.

q) Declare the unnecessariness and agree to the disaffection of the public domain property of ADIF-High Speed, as determined by Article 31 of this Statute.

r) Approve the instructions and circulars required to determine, precisely, the operating conditions of the rail infrastructure administered by ADIF-High Speed.

s) Approve the guidelines that regulate the procedure to carry out the investigation of the railway accidents that correspond to it.

t) Approve an annual report covering all incidents and accidents produced in the infrastructure managed by ADIF-High Speed, as a result of the provision of the rail transport service.

u) Approve a contingency plan that includes the necessary measures to restore the situation of normality in the event of an accident, technical failure or any other incident that disturbs the railway traffic.

v) The others attributed to you in this Statute or other provisions.

2. The decisions to be taken by the Administrative Board in the exercise of administrative powers shall end the administrative procedure, with the exception provided for in Article 34.5.

Article 17. Delegation of powers by the Board of Directors.

1. The Management Board may delegate its powers to the President, to the delegated Commissions which are constituted and to the other internal bodies of the institution which it determines, with the exception of those referred to in points (a), (b), (d), (e), (f), (g), (i), (l), (m), (o) and (q) of the previous Article.

Also, without prejudice to the foregoing, the Board of Directors may delegate to the President and to the Commission Delegated the powers which, as provided for in point (h) of the previous article, correspond to him as an organ. for the procurement, except those involving the approval of the file, the approval of the expenditure, the opening of the award procedure and the award of the contract itself.

2. The approval of the declaration on the network shall not be delegated in any case.

Article 18. Delegated Commissions.

The Board of Directors, in consideration of the nature of the matters to be dealt with, may constitute, within its own Committee, Delegated Commissions, to which it may delegate its powers within the limits provided for in the previous Article, taking into account the specialization of its members.

The agreement of the constitution shall fix the scope of the delegation, the number of Vocals, not less than three and no more than seven, which shall be part of the same and its operating rules. In their absence, the rules established for the Management Board shall apply to the Delegated Commissions. The Delegated Commissions shall be chaired by the President of the entity and shall act as the Secretary who is the Secretary of the Board of Directors.

Article 19. Convening and quorum of the Board of Directors.

1. The Management Board shall meet, on a call and at the initiative of its President or at the request of at least half of the Vocals, as many times as is necessary for the development of the functions of the institution and at least 11 per year. They may attend meetings of the Board of Directors, with a voice but without a vote, all persons who are required to do so and are convened by the President of the Board, subject to the agreement of the latter.

2. The Board of Directors shall be convened by the Secretary of the Council in writing, at least forty-eight hours in advance, with the order of the day for the cases to be dealt with. The President may agree to extraordinary meetings, subject to the previous period, if there is, in his view, a well-founded or at least one third of the Vocals ' request.

The content of the call will be communicated in writing, directly and personally, to each stakeholder.

3. For the valid constitution of the Board of Directors, in addition to the President, or whoever replaces it, and the Secretary, at least half of the Vocals shall be present on the first call and, on the second call, the third party of the same. Between the first and the second call shall be at least one hour.

The rules approved by the Board of Directors, in accordance with the provisions of Article 16.1 (d), shall lay down the conditions under which representation is to be accredited.

Article 20. Adoption of agreements.

1. The agreements of the Management Board shall be taken by an absolute majority of the votes of its members present. In the event of a tie, the President shall have a vote of quality.

2. Minutes of each session shall be drawn up by the Secretary, who shall be approved by the Secretary or at the following session, as determined by the Board of Directors.

The minutes must be signed by the Secretary, with the approval of the President, atoning for certification of the agreements of the Board of Directors in the same way, without prejudice to the existence of a book of minutes in which the minutes of the sessions and the agreements adopted shall be kept by the Secretary of the Management Board.

Article 21. Allowances for attendance at meetings of the Board of Directors.

Members of the Board of Directors who attend their sessions shall not receive any remuneration or any financial compensation.

Article 22. Legal regime applicable to the Council.

The system of constitution and functioning of the Board of Directors, in all the provisions of this Statute, shall be in accordance with the rules contained in Chapter II of Title II of Law No 30/1992 of 26 November 1992. Legal of Public Administrations and of the Common Administrative Procedure, without prejudice to the organizational peculiarities contained in Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State.

Article 23. The President.

1.It will be the President of the entity and its Board of Directors who will meet the status of President of the business public entity (ADIF).

2. It is for the President to exercise the following powers:

a) Ostend the representation of the entity in judgment and outside it, in any act and contract and in front of any natural or legal person, whether public or private.

b) Agree to the call, chair and set the agenda of the meetings of the Board of Directors, directing their deliberations and directing their draws with their vote of quality.

(c) Vellar for the fulfilment of this Statute and the agreements adopted by the Board of Directors.

d) Run the agreements of the Board of Directors.

e) To hold the top leadership of all the staff of the entity and to exercise the high inspection of the services of the entity and the monitoring of the development of its activity.

f) Propose to the Board of Directors the structure of the organization and determine the template in the framework of the criteria and guidelines approved by that organization.

g) Agree to the appointment and termination of the entity's senior management, and must inform the Board of Directors, as well as to hire non-management staff, setting their remuneration according to the criteria defined by the Board of Directors, in accordance with the provisions laid down, where appropriate, by the relevant collective agreement.

(h) Submit to the Board of Directors the rates to be approved or amended by the Board and those to be proposed to the Administration for further approval, as well as to submit to the Board of Directors the proposal of modification and updating of the fees for the use of railway infrastructure.

i) Agree to the exercise of the actions and resources that correspond to the entity in defense of its interests before the Public Administrations and the Courts of Justice of any order, degree and jurisdiction.

j) Propose to the Board of Directors the entity's multi-annual performance programme and its operating and capital budgets.

k) Act as a contracting authority in contracts the amount of which does not exceed EUR 6 million, without prejudice to the powers conferred on the Board of Directors by Article 16.1 (h) and its obligation to report, semi-annually, to the body concerned, of the actions carried out in the exercise of these powers.

l) Approve the entity's internal procurement instructions, referred to in the Recast Text of the Public Sector Contracts Act.

m) Present to the Board of Directors, for approval, annual accounts, management report and the proposal for the implementation of results.

n) Order the entity's expenses and payments and make any collection of charges, whatever the amount.

n) Form the annual accounts to be submitted to the Court of Auditors, in accordance with budgetary rules.

o) To render the annual accounts through the General Intervention of the State Administration, accompanied by the audit report, as well as the management report and the one provided for in Article 129 of the General Law Budget.

p) Decide on all issues not reserved to the Board of Directors.

q) to carry out the other powers and functions assigned to it by this Statute and any other applicable rules, which are not expressly conferred on other bodies of the institution, as well as those delegated to it by the Council, Administration.

3. They may be the subject of delegation to the management staff or to the other internal bodies of the institution, the powers corresponding to the President, other than those referred to in points (b), (c), (e), (f)- organization structure proposal-

4. The President shall exercise the administrative powers conferred by the rules in force on ADIF-High Speed in the field of personnel and for the management of the basic services of this or other services the provision of which is assigned to this entity by the rules that apply to you.

5. The acts of the President in the exercise of administrative powers put an end to the administrative road, with the exception of Article 34.5 of this Statute.

6. The office of President shall be unpaid.

Article 24. Exceptional adoption of agreements.

Exceptionally, in cases of urgent need, the President may take the decisions reserved to the competence of the Board of Directors, having to give an account to this of the agreements adopted in the first an ordinary meeting after the adoption of the same, in order for them to be ratified.

Article 25. The Secretary.

1.Sera Secretary of the Board of Directors of the entity who is from the Board of Directors of the Railway Infrastructure Manager (ADIF). The Registrar shall attend his meetings with a voice but without a vote, unless he has the status of Vocal.

2. The Secretary, who shall have a degree in law, shall be from the Board of Directors and the Delegate Commissions.

3. Corresponds to the Secretary:

a) Velar for compliance with current legality.

b) Call for the meetings of the Council on the order of the President, as well as the summons to the members of the President.

c) Prepare the dispatch of the cases and write the minutes of the sessions.

d) Exorder certifications from approved agreements.

e) Custody the record books.

f) How many other functions are inherent in your condition.

4. The position of Secretary shall be unpaid.

Article 26. The Director General.

ADIF-High Speed may have a Director General, who shall act in the exercise of the powers delegated to him or for which he is entitled. The Director-General shall be one of the ADIF Directors-General appointed for the purpose by the President of the institution.

In any case, the position of Director General of ADIF-High Speed will not be paid.

CHAPTER IV

Entity staff

Article 27. Staff arrangements.

The legal status of the business staff of the business public entity ADIF-High Speed and its recruitment shall be in accordance with labour law, as provided for in Article 55 (1) and (2) of Law 6/1997, of 14 April, Organization and Operation of the General Administration of the State. In addition, the provisions of the General Budget Laws of the State establishing limitations on remuneration growth, the incorporation of new income staff, and temporary recruitment will be applicable to the entity. link to the same.

For the purposes of Article 55.2 of the Law on the Organization and the Functioning of the General Administration of the State, ADIF-High-Speed Management Staff shall be considered to be the Director General of ADIF. repaid.

Article 28. Incompatibilities.

1. The staff of the Entity will be subject to the incompatibilities regime established in Law 53/1984, of December 26, of Incompatibilities of Personnel to the Service of Public Administrations.

2. The staff who were considered to be of high office for the purposes of the provisions of Law 5/2006, of April 10, of Conflicts of Interests of Members of the Government of the Nation and High Charges of the Administration and its provisions of development, shall be subject to the system of incompatibilities and control of interest established in that Law.

Article 29. Competence in the field of personnel.

1. Competence in the field of personnel shall be exercised by the Board of Directors subject to the laws referred to in Article 27, and any other provisions applicable to it.

2. The relations of the Entity with its personnel, within the scope defined in the previous paragraph, and in the framework of the right to collective bargaining, shall be governed by the conditions laid down in the contracts which shall be concluded and subject to the the Staff Regulations, collective agreements and other implementing rules.

CHAPTER V

Patrimonial regime

Article 30. Assets of the entity.

1. ADIF-High Speed shall, for the fulfilment of its purposes, have its own patrimony, other than that of the General Administration of the State, consisting of the set of goods, rights and obligations of which it is a holder.

The management, administration and exploitation of the assets and rights of ownership of ADIF-High Speed will be subject to the provisions of its standard of creation, in Law 39/2003, of 17 November, of the Railway Sector and in the present Statute and, in the absence of these rules, as laid down in Law 33/2003 of 3 November of the Heritage of Public Administrations.

2. Are the ADIF-High Speed entitlement:

(a) All goods, furniture and buildings, and rights which, at the date of their constitution, belong to or are attached to the Railway Infrastructure Manager (ADIF), which are assigned to him by order of the Minister of Promotion and the Minister of Finance and Public Administrations, in accordance with the provisions of Article 1.5 of Royal Decree 15/2013 of 13 December.

b) All goods, demanials or assets, which form the railway lines, which up to the date of the creation of ADIF-High Speed are owned by the Railway Infrastructure Manager (ADIF), and whose entitlement is attributed to you.

(c) All stations and terminals which serve the high-speed lines the ownership of which has been assigned and other immovable property which is permanently necessary for the provision of the services constituting its activity.

3. Furthermore, ADIF-High Speed shall be the holder of the railway infrastructure which it builds or acquires with its own resources and which corresponds to it according to the conventions it holds.

4. In no case, will they be of ADIF-High Speed patrimony, according to Article 24 of Law 39/2003, of 17 November, of the Railway Sector, the infrastructures that, in the future, will build from the resources of a third party.

5. ADIF-High Speed may exercise, at any time, in respect of the public domain property of its ownership, the powers of administration, defense, police, investigation, deslinde and post-office recovery that it grants to the Administration General of the State Law 33/2003, of 3 November, of the Heritage of Public Administrations. It shall also be for ADIF-High Speed, in respect of such goods, to establish its system of use and to grant concessions, authorizations, leases and other securities allowing for its eventual use by third parties.

Article 31. Disaffection.

According to the provisions of Article 24 of Law 39/2003 of 17 November of the Railway Sector, the public domain property of ADIF-High Speed which is unnecessary for the provision of the services of general interest and essential services for the community, which may be affected by the community. The disaffection shall be carried out on the basis of a declaration of innecessity made by the Board of Directors and shall determine the incorporation into their assets of the goods which have been affected, which may be the subject of disposal or permuse.

Article 32. Inventory.

The entity will form and keep the inventory of its assets and rights up to date. The inventory shall be updated annually with reference to 31 December and shall be submitted for approval by the Management Board in the first quarter of the following year.

CHAPTER VI

Economic-financial regime

Section 1. Entity Resources

Article 33. ADIF Resources-High Speed.

The economic resources of ADIF-High Speed may be any of those listed in Article 65 (1) of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State. Among the economic resources of ADIF-New Infrastructures are included, in accordance with article 1.11 of the Royal Decree-Law 15/2013, of December 13, and with article 23 of the Law of the Railway Sector:

1. The State's capital contributions, which shall constitute the entity's own resources.

2. Those who obtain for the management and exploitation of their assets and for the provision of services to third parties.

3. The revenue, commercial or other nature, which it obtains for the performance of contracts or agreements it holds with third parties.

4. The fees the amount of which is to be charged in accordance with the Rail Sector Law.

5. Community funds that can be allocated to you.

6. The fees it charges for the use of the railway infrastructure of its ownership.

7. Grants which, where appropriate, may be included in the General Budget of the State.

8. Current and capital transfers from the General Administration of the State and other Administrations.

9. State contributions, on a loan basis, which, if appropriate, may be included in the General Budget of the State of each financial year.

9. Financial resources from borrowing operations, the annual limit of which shall be fixed in the General Budget Laws of the State of each financial year.

10. Donations.

11. Those who obtain for the execution of the agreements concluded with the Autonomous Communities, Local Entities or with private entities.

12. Any other income, financial or non-financial, and others that you obtain in accordance with the provisions of its standard of creation, in Law 39/2003, of 17 November, of the Railway Sector and in the regulations that develop it.

Section 2. Financing, Planning, Accounting and Control

Article 34. Impact of the amount of rail charges and charges.

1. The amount of the collection of charges for the safety of rail passenger transport, for the approval of training centres for railway staff and for the maintenance of rolling stock, for the granting of securities to such staff and by certification of the material referred to, it will be entered into the heritage of ADIF-High Speed.

2. In addition, ADIF-High Speed will receive from the companies providing rail transport services, fees for the use of the railway infrastructure of their ownership, in accordance with the provisions of the Law of the Railway Sector.

3. ADIF-High Speed must provide the National Commission of the Markets and the Competition with all the information it requires in the management, settlement and collection of fees due to the use of the railway infrastructure of your entitlement.

4. ADIF-High Speed shall be the responsibility of the management, settlement and collection of the fees due for the use of the railway infrastructure of its ownership, in the cases established by the Law of the Railway Sector.

ADIF-High Speed may delegate to ADIF the powers of management, settlement, inspection and collection of the rate for safety in rail passenger transport, as set out in Section II of Chapter I of Title V of the Law 39/2003 of 17 November of the Railway Sector, which is due to the provision of the surveillance service and the control of access, for both travellers and luggage, to the stations and other railway stations owned by ADIF-Alta Speed.

5. Without prejudice to the general legal regime applicable to the challenge of the acts of ADIF-High Speed as an entity governed by public law:

-Those relating to the management, liquidation and collection of the fees provided for in Law 39/2003, of 17 November, of the Railway Sector will be liable to claim in an economic and administrative way.

-By way of derogation from the foregoing point, those relating to the amount, structure or application of the fees for the use of railway infrastructure shall be liable to the National Commission for complaints. of the Markets and the Competition, in the terms set out in Law No 3/2013 of 4 June establishing the said Commission.

6. In the event that ADIF-High Speed, in the performance of the tasks entrusted to it, carries out the construction or management of railway infrastructure by the conclusion of the appropriate contract for the award of public works, it may pay the concessionaire with the amounts collected by the agency as a result of the use of these infrastructures by the users, the income from the exploitation of the commercial zones linked to them or the carrying out additional activities, as provided for in the Article 22.5 of Law 39/2003 of 17 November of the Railway Sector.

Article 35. Financial operations.

1. ADIF-High Speed may perform all types of financial operations and, in particular, arrange for active or passive lending and lending operations, whatever the way they are implemented, including through the issuance of bonds, bonds, notes and any other financial liabilities, as well as securitizing the credit rights of the holder. The above is without prejudice to the provisions of Law 47/2003 of 26 November, General Budget and in accordance with the limits laid down in the annual Budget Laws.

2. Active and passive, short-term credit and cash operations of companies in which the ADIF-High Speed is directly or indirectly involved shall comply with the limit set in its budget.

Article 36. Accounting.

1. ADIF-High Speed shall be subject to the accounting system provided for by the business public entities in Law 47/2003 of 26 November, General Budget.

2. It shall also apply a separate accounting system for its activities as a railway infrastructure construction, administration of such infrastructure or provision of additional, complementary or ancillary services.

Article 37. Effectiveness control.

1. The technical and effective control over the activity of ADIF-High Speed will be carried out according to the provisions of article 27 of Law 39/2003, of 17 November, of the Railway Sector and in article 59 of Law 6/1997, of April 14, Organization and Operation of the General Administration of the State.

2. Without prejudice to the provisions of the previous paragraph, the Ministry of Public Works is responsible for the technical and efficiency control of the management to be carried out by ADIF-High Speed, as well as the exercise of the powers conferred on it by the Law. control of the fixing and management of railway charges, to the effect that it may carry out the necessary inspections and management audits.

The Ministry of Public Works may require ADIF-High Speed, at any time, the information or documentation it deems appropriate in the exercise of its power of control.

Article 38. Economic and financial control.

Without prejudice to the audit powers conferred on the Court of Auditors by its Organic Law and the other rules governing its powers, ADIF-High Speed will be subject to financial economic control by the General intervention of the State Administration, as provided for in Law 47/2003 of 26 November, General Budget. The permanent financial control will be carried out through the Delegate Intervention in the Entity.

Section 3. Budget and Tax Regime

Article 39. Drawing up the budget.

The entity shall draw up, annually, its Operating and Capital Budgets, together with the Multi-annual Action Programmes, with the structure to be determined by the Ministry of Finance and Public Administrations. in the form established for the business public entities in Law 47/2003 of 26 November, General Budget.

Article 40. Variation of the budget.

1. The system of budgetary changes will be generally established for the public entities in the business sector in Law 47/2003 of 26 November, General Budget.

2. Notwithstanding the foregoing, they shall be approved by the Management Board or by the body in which it delegates, the internal modifications of the budgets which do not increase the amount of the same and are the result of the needs arising during the exercise.

Article 41. Annual accounts.

The annual accounts in which the proposal for the implementation of the results is to be included together with the management report and the report referred to in Article 129.3 of Law 47/2003 of 26 November, General Budget, on the fulfilment of the obligations of an economic and financial character which it assumes as a result of its membership in the public sector, shall be submitted to the Board of Directors by its President, for approval before the end of the first Next year's quarter. This approval must be produced before the end of the first half of that year.

Article 42. Application of results.

The surplus to be incurred annually by the ADIF-High-Speed income statement shall be charged, by agreement of the Board of Directors, with the financing of investments and the reduction of indebtedness, as established in the capital budget. The remainder which, if applicable, will be entered into the Public Treasury, after a 20 per 100 of its annual amount, which will be used to create a fund to cover the future organizational and operational needs of the aforementioned entity. Business public. Such a fund shall be provided until it reaches a maximum of 10 per 100 of the expenditure of the operating account of the last financial year and in its implementation shall be respected as appropriate.

Article 43. Tax regime.

ADIF-High Speed will be subject to the tax regime of the public entities, with the particularities provided for in its standard of creation and in the Law of the Railway Sector.

In accordance with the provisions of the preceding paragraph, the regime applicable to ADIF-High Speed in respect of the tax of capital transmissions and documented legal acts, in all its modalities, shall be that provided for in the Article 45.I. (a) (a) of the Royal Legislative Decree 1/1993, of 24 September, approving the recast of the Law on the Tax on Proprietary Transmissions and Documented Legal Acts.