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Resolution Of 28 February 2013, Of The Ministry Of Infrastructure, Transport And Housing, Which Publishes The Agreement Of The Council Of Administration Of The Infrastructure Manager Railway, On Delegation Of Comp...

Original Language Title: Resolución de 28 de febrero 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 comp...

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TEXT

The Board of Directors of the business public entity Administrator of Railway Infrastructures (ADIF), at its meeting of 22 February 2013, agreed, in accordance with the provisions of the additional provision Thirteenth of the 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 Railway Infrastructure Manager, of 22 February 2013, on partial amendment of the fifth paragraph of the ADIF Presidency Resolution of 27 April For the purposes of this Regulation,

Commission shall, in accordance with Article 4 (2) of the Treaty, provide for the following:

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 such an agreement in the "Official State Gazette".

Madrid, 28 February 2013.-The Secretary of State for Infrastructure, Transport and Housing, Rafael Catala Polo.

ANNEX

Approve, in accordance with the provisions of the additional provision of Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State, the Resolution of the President of ADIF, 22 February 2013, for which part of the fifth paragraph of the ADIF Presidency Resolution of 27 April 2012 was partially amended and delegated certain powers to the institution's internal bodies, the text of which was transcribe below:

" Resolution of the President of the business public entity Administrator of Railway Infrastructures for which the fifth paragraph of the resolution of the Presidency of ADIF is partially modified, dated April 27, 2012, by which certain competencies were delegated to internal bodies of the entity

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 institution; the third paragraph of that article also provides for the possibility of delegation of certain powers to the vice-president, to the management staff or to the other internal bodies of the institution. 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 competence in certain internal ADIF bodies, in line with the organisational structures and developments in force at any time in the institution and in consideration of their specific functions.

Particularly, in the fifth paragraph of the ADIF Presidency Resolution dated 27 April 2012, published in the 'BOE' number 142, marginal 7893, dated 14 June 2012, were delegated, inter alia, to certain powers in internal bodies of the institution for the resolution of the procedures relating to the authorisations provided for in Article 15.1 of Law 39/2003 of 26 November of the Railway Sector.

Royal Decree-Law 22/2012 of 20 July 2012, adopting measures in the field of railway infrastructure and services, has led to the extinction of the business public entity on 31 December 2012. The Spanish Railways of Via Estrela (FEVE), assuming by ADIF from that date the functions that in relation to the railway infrastructure it has been managing and developing FEVE, as well as the integration of the workers of FEVE in ADIF, which were providing such functions, in accordance with the staff ratio approved by Order FOM/2814/2012 of 28 December, which has led to the complement of the organisational development of ADIF, making it necessary to amend the wording of the delegation of powers in internal bodies concerning the resolution of the procedures concerning the authorisations provided for in Article 15.1 of Law 39/2003 of 26 November of the Railway Sector.

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 them in other bodies of the same administration, and shall also point out in the third paragraph of that article that the delegations of powers and their revocation shall be published in the "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, the President of the Railway Infrastructure Manager, in use of the powers conferred on him by Article 23.3 of the ADIF Statute, approved by Royal Decree 2395/2004, of 30 of December, comes to adopt the following resolution:

Modify the fifth paragraph of the ADIF Presidency Resolution dated 27 April 2012, published in the "BOE" number 142, marginal 7893, dated 14 June 2012, as referred to in the resolution of the procedures relating to the authorisations provided for in Article 15.1 of Law 39/2003 of 26 November of the Railway Sector and which shall be drawn up in the following terms

" 5. For the resolution of the procedures relating to the authorizations provided for in Article 15.1 of Law 39/2003 of 26 November of the Railway Sector.

Be delegated:

-In the High Speed Lines under Construction, according to the works in execution that correspond to them respectively: In the Director of Projects and Works of High Speed or in the Director General of Exploitation and Development of the Network, and in its dependent internal organs, which are designated by those, in their respective territorial areas.

-On the lines at Exploitation, in its public domain zone, in the Director of Operations and Engineering of the Conventional Network, and in the Director of Operations and Engineering of High-Speed Network; and, in its protection zone, in the internal bodies dependent on the Director of Conventional Network Operations and Engineering, and the Director of High-Speed Network Operations and Engineering, who are appointed by them, in their respective territorial areas.

-On the lines of the Metric Width Network, both in its public domain zone and in its protection zone, in the Metric Width Network/Subdirector/a. "

This Resolution is granted without prejudice to the powers conferred, or which may be conferred, by proxy by the Board of Directors of the entity.

This Resolution amends and consequently replaces the fifth paragraph of the ADIF Presidency Resolution dated 27 April 2012, published in the "BOE" number 142, marginal 7893, dated 14 June 2012, as regards the powers delegated by the President to internal bodies of the institution for the resolution of the procedures relating to the authorisations provided for in Article 15.1 of Law 39/2003 of 26 November of the Sector Railway.

Publish this Resolution in the "Official State Gazette".

In Madrid, 22 February 2013.-The President of the Railway Infrastructure Manager, Gonzalo Jorge Ferre Molto.