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Resolution Of March 7, 2013, Of The Ministry Of Infrastructure, Transport And Housing, Which Published The Agreement Of The Council Of Administration Of The Infrastructure Manager Railway, On Delegation Of Compete...

Original Language Title: Resolución de 7 de marzo de 2013, de la Secretaría de Estado de Infraestructuras, Transporte y Vivienda, por la que se publica el Acuerdo del Consejo de Administración del Administrador de Infraestructuras Ferroviarias, sobre delegación de compete...

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TEXT

The Board of Directors of the Business Public Infrastructure Manager (ADIF), in its session of 5 March 2013, agreed, in accordance with the provisions of the additional provision thirteenth of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, the approval of the Resolution of the President of the Administrator of Railway Infrastructures, of 5 March 2013, on delegation of powers, as set out in the Annex to this resolution.

In accordance with the provisions of the additional provisions of Law 6/1997 of 14 April 1997 on the Organization and the Functioning of the General Administration of the State, as well as the provisions of Article 13.3 of the Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, the publication of that agreement in the Official Gazette of the State.

Madrid, 7 March 2013.-The Secretary of State for Infrastructure, Transport and Housing, Rafael Catala Polo.

ANNEX

" The Board of Directors, in accordance with the provisions of the additional provision of Law 6/1997 of 14 April 1997, of the Organization and the Functioning of the General Administration of the State, acting unanimously all members present with the right to vote, and absent by delegation, agrees, the approval of the Resolution of March 5, 2013, of the President of the Public Entity Business Infrastructure Manager on Delegation of Competences, the text of which is then transcribed:

Resolution of the President of the business public entity Manager of Railway Infrastructure on delegation of competences.

Article 23.2 of the Statute of the business public entity of the Railway Infrastructure Manager (ADIF), approved by Royal Decree 2395/2004 of 30 December 2004, sets out the powers of the President of the Entity; the third paragraph of that article also provides for the possibility of delegation of certain powers to the Vice-President, to the staff of the Board or to the other internal organs of the Entity.

On the basis of the aforementioned regulations, they have been adopted by the President of ADIF, since the entry into force of the Law of the Railway Sector and of the aforementioned statutory norm, successive Resolutions of delegation of powers in certain internal ADIF bodies, in line with the organisational structures in force at any time in the Entity; the Resolution adopted by the President of ADIF at present is currently in force, dated 27 April 2012, published in the Official Gazette of the State No. 142, dated June 14, 2012, with the marginal 7893, and which has subsequently been amended in its first and fifth paragraphs, by means of resolutions of the President of ADIF dated 26 October 2012 and 22 February 2013, respectively, also currently in force.

The Board of Directors of ADIF at its meeting of 5 March 2013, has approved the new structure of the Entity, having also been agreed by the President of the Entity, dated March 5, 2013, and in use of the the powers conferred on it by Article 23.2.g) of the ADIF Statute, certain appointments of the management staff and the structure of the Entity; making it necessary to adapt the existing resolutions granted by the President of the Entity in the field of delegation of powers to internal bodies, in order to harmonise them to the new structure of the Entity.

On the other hand, Article 13.1 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, provides that the organs of the different public administrations may delegate the exercise of the powers conferred on other bodies of the same administration to the third paragraph of that Article, which shall be published by the delegation of powers and their revocation. Official State Gazette.

Likewise, and in accordance with the provisions of the additional provision of Law 6/1997 of 14 April, of the Organization and the Functioning of the General Administration of the State, the delegations of powers between Bodies shall be previously approved in public bodies by the highest management body, in accordance with the provisions of its rules of establishment.

On the basis of the above, and pursuant to the provisions of the aforementioned Article 23.3 of the ADIF Statute, the President of the Railway Infrastructure Manager comes to adopt the following

" Resolution:

1. To delegate to the Director General of Human Resources and General Secretariat and the Council the powers that, to date, had been delegated by the President of ADIF to the Director General Corporate and Secretariat of the Council, by resolution dated 27 April 2012; consequently, any reference made in the delegations previously conferred to the Corporate Directorate-General and the Secretariat of the Council, or to the Director, shall be replaced accordingly. General Corporate and Secretariat of the Council, for the, respectively, Directorate-General for Human Resources and General Secretariat and the Council, or Director General of Human Resources and General Secretariat and the Council.

2. To delegate to the Director General of Exploitation and Construction the competencies that, to date, had been delegated by the President of ADIF to the Director General of Exploitation and Development of the Network, through Resolutions of dates 27 April 2012, and 22 February 2013; consequently, any reference made in the delegations previously conferred to the Directorate-General for Exploitation and Development of the Network, or to the Director-General of Exploitation and Development of the Network, by the Directorate General of Operation and Construction, or General Manager of Exploitation and Construction.

3. To delegate to the Director General Financial and Corporate the competencies that, to date, had been delegated by the President of ADIF in the Economic and Financial Director, by Resolution dated April 27, 2012; Consequently, any reference made in the delegations previously conferred to the Economic and Financial Directorate, or to the Economic and Financial Director, respectively, is replaced by the Financial Directorate General and Corporate, or Chief Financial Officer and Corporate.

4. To delegate to the Director General Financial and Corporate of ADIF the competition through which the Director General Corporate and the Secretariat of the Council of ADIF was enabled, so that it can dictate how many provisions of internal arrangements for the development and proper implementation of the delegation of powers conferred by the President on internal bodies of the Entity to act as a contracting authority, as regards action as a body of procurement by the delegated bodies, as a guarantee of their full effectiveness; enabling it to be adopted by a Resolution of the President of ADIF dated 26 October 2012, published in the Official Gazette of the State, number 272, dated 12 November 2012, with the marginal 13927, thus being replaced by that reference made in favour of the Corporate General Manager and the Secretariat of the ADIF Board, by the Director General Financial and Corporate of ADIF.

Likewise, and in order to give continuity to the management of the Entity, it is also agreed that, as long as they do not oppose or contradict the provisions of this Resolution, the existing delegations of competences shall remain in force, powers, powers and proxies which, if any, were previously conferred on the internal organs of the Entity by the President of ADIF, thereby maintaining their powers, powers and powers, until such time as revoke. "

Publish this Resolution in the State Bulletin.

In Madrid, 5 March 2013. -Gonzalo Ferre Molto, President of Railway Infrastructure Manager. "