Royal Decree 298/1991, of March 12, restructuring of ministerial departments, has created the Ministry of public works and transport, by integration of the two former departments of public works and urbanism and transport, tourism and communications, with the exception of the General Secretariat of tourism and the autonomous body Caja Postal de Ahorros.
The Ministry of public works and transport covers a broad and complex set of activities oriented to: 1. the adoption of strategic decisions of great importance for the competitiveness of the economic space, quality of life and the Spanish physical space in the European integration.
2. the definition of important public policies in areas such as housing and the environment.
3. the management and regulation of public transportation and communications services.
4. the programming and execution of a great investment effort in infrastructure with the corresponding consequences on the organisation of the territory.
The definition and implementation of most of these policies requires an intense process of coordination and consultation with territorial administrations and the European communities, given competences that both instances in these matters.
This process of coordination and consultation between the different administrations, as well as the integration in a ministerial authority of the powers of the former ministries of public works and urbanism and transport, tourism and communications, should allow a more effective approach to the problems that affect the territorial development, with special emphasis on the problems of large urban concentrations the intermodal transport system planning, water policy and the optimization of infrastructure investments that integrate consideration of its environmental impact.
To do this, the organic structure of the new Department should approach, in order to ensure the balanced and efficient achievement of these objectives, to a design of modular nature, facilitating the development of the exercise of its functions assigned within a coherent grouping of the means available. It is clear that such an approach should make possible, also joining the management of the new Department of the principles and ideas of modernisation of the public administration which, in relation to the requirements and demands of civil society and the challenge of European integration, preside over the orientation and the Government's concern.
The Organization of the new Ministry is designed from the grouping into functional areas of the set of skills and activities that play the current bodies that compose it, from integrated ministries.
These functional areas are as follows: transport: consisting of the set of activities necessary for the regulation of transport in Trant sector of economic activity, a set of public services management and the programming and execution of physical infrastructure.
Communications: Consisting of the set of activities necessary for the regulation of the telecommunications sector, the management of the radio-electric space, management of public communications services and functional control of its contractual operators, public and private.
Management and protection of the physical framework in which urban settlements and economic activity, through the policies of the water, in its broad sense of productive and environmental resource, housing and the analysis and description of the climate and the territory.
Four operational areas and two areas of planning and organizational support are configured to provide the Ministry of an adequate system of management.
The functional area of communications is in itself an operational area, coordinated by the General Secretariat of communications, which fits, among other bodies, the future post and functional control of Telefonica, as shopping agency autonomous contractual operator of a public service.
The functional area of transport is divided into two areas-operational, incardinadas in two General Secretaries, the transport services and the infrastructure of the transport land, directly dependent both on the Minister.
The General Secretary of transport services, corresponds to the regulation of the activity of air, sea and land transport sectors, and the coordination of the public bodies that manage fixed infrastructures, ports and airports, the public operators that provide services of transport, RENFE, FEVE, ENATCAR, and directly dependent of the Ministry of public works and transport.
The General Secretariat of infrastructure of the terrestrial transport shall be responsible for the coordination of the implementation of the ambitious programme of investments in infrastructure of roads and railways in course, as well as world-class programming and technical projects of investment in these infrastructures.
For its part, the port and airport infrastructure investment will be executed within plans sets of the Ministry, by the respective organizations that manage autonomously such modes of transport, activities that affect the arrangement and description of the physical framework are grouped into three areas of activity: those affecting the physical description of the territory; actions in the field of architecture and financial support to access to housing and those affecting the politics of water and the environment.
The bodies currently carrying out functions related to the first two, are assigned to the Undersecretary of the Department, both by its strict financial character, in the case of housing, within the current competence scheme of public administrations and their interest generic for different areas of the Ministry.
Water and environmental policies are not exhausted the one on the other, since the problem of water in Spain is not just environmental and climate problems are not only the quality of the water, but we should approach their problems by placing them in a same superior body, given the relevance of their relations at the current time of the development of our country. Because of the importance of these themes and the coordination that should play against the local authorities and the European communities, the Court as a Secretary of State is configured.
Finally, it is necessary to establish a planning area to provide the necessary unity to the performances of the different operational areas of the Ministry with territorial impact. This area of planning will be responsible for assessing and programming investment in new infrastructure from the perspective of its intermodal coordination, its profitability, public or private, of their impact on the management of the territory, its coherence with community strategies, their impact on the urban development and its coordination with the major powers and responsibilities that in these matters have the autonomous communities and local corporations.
To do so, is created in the organizational structure of the Ministry, a General Secretariat for planning and Territorial consultation, directly dependent on the Minister, whose performance is projected onto two large thematic areas. The problems of transport in big cities and strategic decisions about the major interregional infrastructures.
Said Secretary General shall perform the following tasks, in close contact and collaboration with the corresponding operational areas: program development plans of the infrastructures of transport in large conurbations and arrange them with concerned regional and municipal authorities.
Evaluate the implementation of the current conventions of action on this matter and prepare the next generation of them.
Coordinate transport policies with territorial policies of management of territory and settlements of population and activity plan the investment in large structural land transport axes and the new port and airport facilities analyze and assess the profitability and the territorial impact of major strategic decisions in the field of water policy and its effects on other infrastructure needs.
The area of organisational support is the Undersecretary of the Department which must be unique and that are assigned, in addition to the above, the whole of the common services of the Ministry.
The complexity of the organisational structures affected advise, however, address the restructuring which is intended to a gradualist methodology that avoids sudden alterations or interruptions and reconcile the progressive adaptation of the structure arganizativa with the required operation of the new Department.
This line is considered accurate that, during a period transitional, two centres managers depending on both of the Undersecretary, one who shall assume the functions of the upright of the technical General Secretariat, Department, and another which temporarily developed some technical functions in relation to managers from the Ministry of transport, tourism and communications centers, will evolve towards the setting of a Centre for studies of matters related to the transport and communications are configured.
Similarly, the two general directions of services depending on both of the Undersecretary, must subsist for the moment not to interrupt the operational management of the services and the always delicate management of staff, even if in the future a Directorate-General will be responsible for the management of financial and material resources, while the other will become a Directorate-General of human resources. It will also be a process of devolution of the management of financial, personal and material means among the different areas of the MOPT to advance in the experimental application of the modular organization of the public administration, guideline essential proposals to the Ministry for public administrations in this matter.
Finally, the two offices budget, while managing for short-term budget - of the course and preparation of the next year - should subsist as such managing each budgetary programmes established, although to ensure appropriate coordination both offices are integrated in the General direction of economic programming and budget, dependent on the Secretariat.
By virtue, at the initiative of the Minister of public works and transport, and a proposal by the Minister for public administrations and prior deliberation of the Council of Ministers of April 19, 1991, available: article 1 the Ministry of public works and transport.
One.-the Ministry of public works and transport: 1. the proposal and implementation of the policy guidelines of the Government with regard to infrastructures and systems for land, air and maritime transport and its administrative regulation.
2. the higher direction of all postal and telegraphic services, as well as the establishment, management and development of civil telecommunications and functional control of the operators that manage public services of telecommunication in contractual arrangements with the State.
3. the proposal and implementation of the Government policy in the field of water, environment, coasts, meteorology, architecture, construction, housing and urban development.
4. the drive direction of the services relating to astronomy, geodesy, geophysics, mapping and metrology.
5. the planning and programming of investments relating to the services included in the numbers above.
Two.-the Ministry of public works and transport is divided into the following governing bodies: the Secretary of State for water policy and the environment.
The Secretariat for transport and public works.
The General Secretariat for planning and Territorial agreement.
The General Secretariat of communications.
The General Secretariat for transport services.
The General Secretariat for the land transport infrastructure.
The Secretary General of the environment.
Article 2nd bodies directly under the Minister.
One.-Minister of public works and transport are directly dependent on the following governing bodies: the Secretary of State for water policy and the environment.
The Secretariat for transport and public works.
The General Secretariat for planning and Territorial agreement.
The General Secretariat of communications.
The General Secretariat for transport services.
The General Secretariat for the land transport infrastructure.
Two.-directly dependent of the Minister of public works and transport, there is also a cabinet as the body support and immediate assistance, whose owner has the organic level of Director-General with the structure and system of staff which prevents the Real Decree 3175/1982, of 22 December.
Article 3 the Secretary of State for water policy and the environment.
One.-is the responsibility of the Secretary of State for the water policies and the environment: 1. the preparation of the basic legislation in the field of environment, coasts and industrial waste, as well as its application in the field of competence of the administration of the State.
2. the coordination and concerted action with the autonomous communities, the relationship of Spain with the EEC, with regard to the community's environmental policy, as well as carry out studies that evaluate the environmental impact of public works.
3. the implementation of the water policy of the Government, both in its qualitative aspects as quantitative, through the implementation of the water law, the creation of the necessary infrastructures and the management of water resources, in the field of the competence of the administration of the State.
Two.-the Secretary of State for water policy and the environment, depend directly on the upper body and the Steering Center following: the Secretary General of the environment.
The General direction of hydraulic works.
Three.-is competence of the Secretary General of the environment development under the higher direction of the Secretary of State, of the functions indicated in paragraph one. 1 of this article four 3rd. - 1. Of the Secretary General of the environment depend on the following centres managers: the General direction of environmental policy.
The General Directorate of environmental management.
The General Directorate of the National Institute of meteorology.
2. directly dependent of the Secretary-General there is a technical cabinet with the Subdirectorate-General for organic level.
Five.-the Secretary General of the environment keeps the relationship and exercises functional control over the Empresa Nacional de Residuos (ENRESA).
Six.-are assigned to the Ministry of public works and transport, through the Directorate of hydraulic works, the following autonomous bodies: the hydrographic confederations.
The Commonwealth of los Canales de Taibilla.
Seven. - 1. The Secretary of State for water policy and the environment, depends, in addition, a cabinet with the structure and the regime that establishes the Royal Decree 3775/1982, of 22 December, and staff whose owner has the level of Director-general.
2. the Cabinet, apart from the functions of support and assistance to the Secretary of State, will be responsible for the coordination of programmes and projects of performances by the Secretary of State for water policy and the environment, on the basis of the objectives approved by the head of the Department, as well as their monitoring and control.
Article 4th the Secretariat for transport and public works.
One.-corresponds to the Undersecretary for public works and transport performance of the functions that article 15 of the law on legal regime of the administration of the State attributed to the Secretaries of the departments and, in addition, direction, impulse and supervision of managers centres and directly dependent of the same units.
Two.-in addition to the functions set forth in the preceding paragraph, are attributed to the Secretary, insofar as they are not directly attributed to the remaining higher bodies, autonomous bodies and public entities of the Department, the following functions of different areas of common services: 1. programming, management and coordination of sectoral studies, reports of situation and analysis of evolution and sectoral forecast in the fields of transport, communications, the environment, water resources and urban planning, in order to detect the needs and social demands of the mentioned sectors and allow the alleged and formulation of objectives and departmental action plans.
2. the determination of the structure of the programmes and subprogrammes that focuses the activity of the Department, the elaboration of the annual draft budget and its processing, monitoring the execution of the budget appropriations and the processing of its modifications.
3. the study of the various organizational elements of the Department and the management and organisational projects of ministerial level.
4. the development and implementation of computer plan of the Department, the management of the technical infrastructure and communications requiring different centres managers and units thereof, as well as advice and technical assistance in information technology.
5. the preparation and processing of projects of General provisions, the permanent legal advice to those responsible for the administrative management, the formulation of proposals for resolution of administrative appeals against the acts and provisions of the Department, as well as relations with the courts.
6. coordination of the services of the Department, cooperation and international relations, in coordination with the Ministry of Foreign Affairs, relations institutional with the remaining organizations of the administration of the State and other public administrations, and relations with the different social agents.
7. the management and administration of the human resources of the Department, the development of the relations of jobs and of the annual employment plan, the preparation and processing of selective processes for coverage of posts work, the training of staff, Union relations, social action and prevention, hygiene and safety at work.
8. the asset management, procurement, technical and maintenance, library and publications services, the internal regime, registration and General Archives within the scope of the Department.
9. the economic and financial management.
10. the Organization of the actions of control of the activity of the Department, conducting financial audits, management and procedures allowing to evaluate the functioning, efficiency and performance of the staff and services of the Ministry, without prejudice to the activities which these matters may be the ICAE, in accordance with the regulations.
Three.-where common services listed in the previous section are attributed to other upper organs, agencies and entities of the Department, will correspond you to Undersecretary coordination, at the departmental level, of such services.
Four.-of the Secretariat for public works and transport depend on the following management centres: the General direction of economic and budgetary programming.
The technical General Secretariat.
The technical secretariat of transport and communications.
The Directorate-General of public works services.
The Directorate-General of transport and communications services.
The DG audit and Management Control and procedures.
The direction General of the geographical National Institute.
The Directorate General for housing and architecture.
Five.-the General direction of economic and budgetary programming has the same functions as the suppressed General direction of programming and economic coordination and retains the same structure of the latter, by integrating into it, in addition, the Office budget of the Ministry of transport, tourism and communications.
Six.-technical General Secretariat maintains the structure and functions of the current General Technical Secretary of public works and urbanism, and his performance will be referred to managers centers and organisms belonging to that Ministry, equally, assuming the functions and structures of the General legislative development and autonomy of the abolished Secretary General technique of the Ministry of transport , Tourism and communications, as they are determined in the Decree 615/1978, March 30, and the Royal Decree 3579/1982, of 15 December, and also the function of issuing reports referred to in article 130.1 of the Administrative Procedure Act, which refers to all general provisions elaborated in the bosom of the Department.
Seven.-the technical secretariat of transport and communications maintains the structure and functions of the abolished Secretary General technique of the Ministry of transport, tourism and communications, and their performance will come managers centers and organisms belonging to that Ministry, with the exception of the allocation of structures and functions to the General technical secretariat of the Department in the previous section.
Eight.-the General Director of services of public works maintains the structure and functions of the suppressed address General of services of the Ministry of public works and urbanism, and his performance will be referred to senior centers and organisms belonging to that Ministry. Also responsible for the performance of these affiliations on staff not included in the scope of the General Director of services of transport and communications.
Nine.-La Dirección General de Servicios de transport and communications keeps the structure and functions of the suppressed address General of services of the Ministry of Transpones, tourism and communications, except in regards to the budget Office, and his performance will be referred to senior centers and organisms belonging to that Ministry.
10. - 1. DG audit and Management Control procedures shall exercise effective control functions and audits of management and procedures, with special incidence in the field of public procurement, financial and computer. Equally, deserves the evaluation policy and the financial management of the Department, as also the proposals for legislative amendments that may be necessary to increase the effectiveness of public management in the coffers of action of the Ministry of public works and transport.
2. in the new Directorate General of auditing and Management Control are integrated current inspection General of services of the two departments which are incorporated into the new Ministry of public works and transport.
Eleven.-the Directorates-General of the National Geographic Institute and for housing and architecture to maintain its structure and current functions.
Twelve.-are also attached to the Ministry of public works and transport: 1. through the Undersecretary, the autonomous body 'Centre for studies and experimentation in public works' (CEDEX).
2 on the direction General of the geographical National Institute, the autonomous bodies «National geographic information centre» and «Spanish Center of meteorology».
3 by the General Directorate for housing and architecture, the State society for promotion and equipment of the land (SEPES).
Thirteen. - 1. Directly dependent of the Under-Secretary there are the following units with level of General Sub-Directorate: Cabinet technical of the Deputy Assistant Secretary, which is made up of the technical Cabinet of the undersecretaries public works and town planning, and transport, tourism and communications.
The service legal department which is made up of the legal services of the ministries of public works and urbanism, and on transport, tourism and communications.
The intervention delegate of the General of the State that will integrate two delegated existing interventions in the departments which are incorporated into the new Ministry of public works and transport. This intervention is unfolded in areas of mail, transport and communications, and public works.
Economic advice that retains the current structure and tasks of the Economic Advisory of the Ministry of transport, tourism and communications.
Article 5 the Secretariat General of planning and Territorial concentration.
One.-the General Secretariat for planning and Territorial agreement, as an organ of direct support to the head of the Department, has assigned the following functions: 1. intermodal programming of plans for infrastructure and transportation services in large urban concentrations, in concert with the public administrations concerned.
2. the planning of major projects of investment in infrastructure and the assessment of its profitability and its impact on the territory.
Two.-from the General Secretariat for planning and Territorial agreement depend on the following management centres: the General direction of Intermodal transport planning in the big cities.
The General direction of Interregional planning of major infrastructure.
The Institute of the territory and urban planning.
Three.-the General direction of Intermodal transport planning in big cities has assigned the following functions: 1. set the plans of development of the transport infrastructure in large urban concentrations, in concert with the local authorities.
2. follow the implementation of the conventions of action in this matter and prepare the next generation of them.
3 coordinate transport policies with territorial policies of management of territory and settlements population changes in the urban structure.
Four.-the General direction of Interregional planning of major infrastructure has assigned the following functions: 1. analyze and make decisions on investments in major new infrastructure projects, according to public and private profitability, their complementarity and their impact on the management of the territory.
2. in particular: 2.1 from the proposals and technical projects for modal bodies competent the plan's investments in the main axes that articulate the trucking and the new agroportuarias and port facilities, according to their intermodal coordination and their effects on economic activity and the settlement of the territorial development.
2.2 analyze and assess the profitability and the territorial impact of strategic decisions in the field of water policy and its effects on other infrastructure needs.
Five.-the two Directorates-General cited is not structured hierarchical organically-shaped and its operation will be developed through work teams based on flexible functional relationships for each scheduled jobs and commissions of consultation with each of the or the, affected local authorities, to develop the corresponding conventions of joint action when the nature of decisions requires it to adopt.
Article 6 the Secretariat General of communication.
One.-is the responsibility of the Secretary General of communications: 1. regulatory, contractual and technical management of the communications sector.
2. the regulation administrative and, where appropriate, the proposed regulations for television systems for cable, satellite and terrestrial of low power.
3. the address of the public services of the transport network of the TV signal and other radio transmissions, the Spanish communications system by satellite, and the system of postal and telegraphic communications.
4. Likewise, the Government Relations correspond with the national telephone company in Spain and the functional control of the telephone service.
Two.-the Secretary General of communications depend directly on the following management centres: the General direction of telecommunications.
The Directorate General of post and telegraph.
3. 1.-directly dependent of the Secretary-General there are the following units with Subdirectorate-General for organic level: the technical Cabinet.
The Sub-Directorate General of infrastructure of communications.
2. Likewise, depends on the General Secretariat of communications the Government delegation in the national telephone company in Spain.
Four.-the public entity Spanish technical network of Television (RETEVISION) is attached to the Ministry of public works and transport, through the General Secretariat of communications.
Five.-the General Secretariat of communications keeps the relationship and exercises functional control over the following companies with public participation: national telephone company of Spain. - HISPASAT.
Article 7th General Secretary for transport services.
One.-is the responsibility of the General Secretariat for transport services in the sphere of competence of the administration of the State: 1. the general regulation of the sector transport and sub-sectors air, sea and land activity that compose it.
2. the coordination and the supervision of the management of public services of transport and fixed the air and maritime transport infrastructure.
3. the training of staff specializing in previous matters.
Two.-from the General Secretariat for transport services depend on the following management centres: 1. with regard to inland transport: La direction General of the transport land, which will assume the functions of the Government delegation in RENFE.
2. with regard to maritime transport: the General Directorate of the merchant marine.
The General Directorate of ports and coasts.
3. with respect to air transport: the General direction of Civil Aviation.
Three.-directly dependent of the Secretary General for transport services there is a technical cabinet with the Subdirectorate-General for organic level.
Four.-remain attached to the Ministry of public works and transport, through the General Secretariat for transport services, the following autonomous bodies and public organizations: 1. with regard to inland transport, the national company of transport by highway (ENATCAR).
2. with regard to maritime transport all port autonomous bodies and public bodies of existing ports.
3. with regard to air transport, the autonomous body national airports.
Five.-the General Secretary for transport services has the relationship and exercises functional control over bodies and societies for the following Public Sector: Red Nacional de los Ferrocarriles Españoles (RENFE).
Spanish railways of Via narrow (FEVE).
Society for the Civil Aeronautical teachings (SENACSA).
National company of motorways (ENAUSA).
Article 8 the Secretary General for land transportation infrastructures.
One.-is competence of the Secretary General for land transportation infrastructures, through centres managers of it-dependent: 1. first level programming and the development of the technical project of the public infrastructure of land transport, both by road and by rail.
2. the coordination of the execution of those relating to the infrastructures of transport by road and rail, both with productivity centers her dependent, as RENFE, FEVE, ENAUSA and affected State and territorial administrations.
3. in particular, the coordination of the actions developed by RENFE and the address General infrastructures of rail transport for the construction of new railway access to Andalusia (NAFA).
Two.-from the General Secretariat for the land transport infrastructures depend on the following management centres: the General Directorate of roads.
The Directorate-General of infrastructure and transport planning which hereinafter is referred to as address General infrastructures of rail transport.
The delegation of the Government in the concessionary companies of national toll roads.
Three.-also of the General Secretariat for the land transport infrastructures depends directly on a technical cabinet with the Subdirectorate-General for organic level.
Article 9. Responsibilities of the Secretary of State.
One.-in accordance with in the first of the Real Decree 1558 disposal / 1977, of 4 July, the Secretary of State shall exercise, with regard to units that are assigned to you, the powers provided for in the numbers 1, 4, 5, 6, 7, 10 and 11 of article 14 of the law on legal regime of the State administration , without prejudice to the higher direction of the Minister of public works and transport.
Two.-Likewise, the Secretary of State may be carried out many functions expressly delegated by the head of the Department.
The facilities management Department, under the supervision of the respective governing bodies which are integrated by this Royal Decree, will retain the structure and functions that the normative Regent attributed to them, except those DGs and units of the Department with regard to which specific rules have been established in this Royal Decree, as its name structure and functions.
ADDITIONAL provision are excised organs and units: to) governing bodies: the Under-Secretary of public works and urbanism.
The Secretary of transport, tourism and communications.
b) Directorates-General: the General direction of transport planning and infrastructure.
The General direction of programming and economic coordination.
The General Technical Secretary of public works and urbanism.
The direction General of services of the Ministry of public works and urbanism.
The General direction of services of the Ministry of transport, tourism and communications.
The Secretary General technique of the Ministry of transport, tourism and communications.
The General Sub-Directorate Territorial action.
(c) General sub-directorates: the technical Cabinet of the Under-Secretary of public works and urbanism.
The legal service of the Ministry of public works and urbanism.
The intervention delegate of the Ministry of public works and urbanism.
The Cabinet technical of the Undersecretary of the Ministry of transport, tourism and communications.
The intervention delegate of the Ministry of Transpones, tourism and communications.
-The legal service of the Ministry of transport, tourism and communications.
TRANSITIONAL provisions first.
Temporarily, so do not proceed to a more profound restructuring of the Executive centres of the Ministry of public works and transport, performances by the Subdirectorate General of coasts will be coordinated by the Secretariat General of the environment, from the perspectives of environmental impact.
Until becomes the new autonomous body 'Correos y Telégrafos', they will continue performing his duties by the administration of the State bodies which have currently assigned.
Until that is appropriate to the creation of the new public body «Aeropuertos españoles y Navegación Aérea» will continue performing his duties by the Directorate General of Civil Aviation and the autonomous body "National airports", in the form in which currently have them assigned.
The Ministry of public works and transport, in the course of the present financial year 1991, shall proceed to formulate the expected initiative in article 12 of law 10/1983, August 16, in order to restructure the Undersecretary of the Department services, differentiating in different centres managers remaining instrumental services management personnel management , and transforming the technical secretariat of transport and communications in a Centre for studies of transport and communications.
Within the same period as indicated in the previous transitional provision, the Ministry of transport and public works formulate a proposal for restructuring of peripheral services, in order to adjust the structure to the design of the new structure of the central services.
Also, within the period referred to in the above transitional provision, the Ministry of public works and transport will formulate proposals to modify the composition and functions of the organs members, both interministerial and Ministerial, through the timely processing. However, for the same transitional period, remain the unit and the level of the President of the Superior Council of public works.
FINAL provisions first.
By the Ministry of economy and finance will be the budget changes and necessary allotments for the fulfilment of the provisions of this Royal Decree.
Many provisions of equal or lower rank to oppose provisions of this Royal Decree are repealed.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid on April 21, 1991.
JUAN CARLOS R.
The Minister for public administrations, JUAN MANUEL EGUIAGARAY UCELAY