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Resolution Of October 30, 2012, 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 30 de octubre de 2012, 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 26 October 2012, agreed, in accordance with the provisions of the additional provision Thirteenth of the Law 6/1997, of April 14, 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 26 October 2012, on delegation of powers, which is annexed 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" proceeds.

Madrid, October 30, 2012. -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 14 April, of the Organization and the Functioning of the General Administration of the State; the Resolution of the President of the Entity Public Enterprise Infrastructure Manager, ADIF, dated 26 October 2012, for which part of the first paragraph of the ADIF's Presidency Resolution of 27 April 2012 was partially amended, certain powers in internal bodies of the Entity, the text of which is then transcribed:

Resolution of the President of the business public entity Administrator of Railway Infrastructures for which the first paragraph of the Resolution of the Presidency of ADIF is partially amended, dated April 27, 2012, delegating certain powers to internal organs of the Entity.

The Board of Directors of ADIF in its sessions of 30 March 2012 and 27 April 2012, approved the new structure of the Entity, the general criteria for the organization, as well as the organizational principles In the light of the Commission's proposal, the Commission has decided to take the necessary measures to ensure that the aid is granted to the Member State in question, and that the Commission is not in a position to take the necessary measures. ADIF.

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, establishes 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 competence in certain internal ADIF bodies, in line with the organisational structures in place at any time in the Entity.

In particular, in the first paragraph of the Resolution of the Presidency of ADIF, dated 27 April 2012, published in the "Oical Bulletin of the State" number 142, marginal 7893, dated June 14, 2012, were delegated, among others, certain powers in internal bodies of the entity to act as a contracting authority.

As a consequence of the organizational development of the new structure of the Entity, and having regard to criteria of rationalization in management, it is considered appropriate to proceed to a readjustment of the current levels of delegation of the President in internal bodies of ADIF to act as contracting authority, reducing the amounts of the current delegation in internal organs in the subject matter, and its adaptation to the organizational development of the new structure of the Entity that of this is derived.

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:

partially amend the first paragraph of the ADIF Presidency Resolution dated 27 April 2012, published in the "Official State Gazette" number 142, marginal 7893, dated 14 June 2012, in the referred to the powers delegated by the President in internal bodies of the entity to act as contracting authority, in the field and matters of their respective areas, and with the extension and scope which is then expressed.

Be delegated:

Up to € 500,000: In Directors General and Directors directly dependent on the President.

In addition, in the aforementioned bodies of the Entity, in terms of their performance as contracting authorities and for all contracts whose tender budget does not exceed 3,000,000 euros, the Competencies listed below:

The powers relating to the modification of the abovementioned contracts. Where such amendments involve, in isolation or in combination, an alteration of more than 10% of the contract award price to be amended, their prior authorisation by the President of the Entity shall be required.

The powers relating to the supplementary contracts of the said contracts. Where the amount of supplementary, isolated or jointly contracts represents more than 10% of the award price of the main contract, their prior authorisation shall be required by the President of the Entity.

The powers relating to the final certifications and liquidations of the aforementioned contracts. Where such final certifications or liquidations involve an additional expense of more than 10% of the original contract price, their prior authorisation shall be required by the President of the Entity.

The powers relating to annuity realignments, extensions of the execution period, extensions of contracts, price revisions, cancellation of final guarantees and remains of incidents.

The signature of the corresponding contractual formalisation documents relating to the tender budget files up to EUR 3,000,000, as well as the signature of the other contractual documents arising from the exercise of delegated powers.

The other powers corresponding to the contracting authority, except for the invitation to tender, the award, the withdrawal of the award procedure, the waiver of the conclusion of the contract, the declaration of the desert of the the award procedure, and the decision and termination of the dossiers for which the tendering budget is higher than EUR 500,000.

Up to 300,000 euros:

In the Directorates-General: In the Directors, and in the Deputy Directors directly dependent on the Directors-General, who do not have their functions delimited to a particular territorial scope.

In the Directorates directly dependent on the President: In the Adjunto Directors, Deputy Directors and Deputy Directors, directly dependent on them, who do not have their functions delimited to a territorial scope concrete.

Up to the amount of EUR 120,000: in the holders of the other internal organs of the Entity that have defined their functions to a specific territorial scope, as well as to the respective holders of the other addresses or sub-addresses which, under the responsibility of the ADIF Presidency or of the respective Directorates-General or Directorates directly dependent on the Presidency, are appointed by resolution either by the latter or by the the Presidency for the financial year, in its relevant territorial areas or areas, of the procurement powers delegated in accordance with the internal rules of levels in force at any time.

All the amounts referred to in this delegation of powers are final, including Value Added Tax (VAT) and, unless expressly stated otherwise, shall be construed as referring to the tender budget when acting as a contracting authority.

The Corporate General Manager and the Secretariat of the ADIF Council are hereby empowered to make any provisions of the internal rules applicable to the development and correct application of this delegation, as regards the performance as a contracting authority by the delegated bodies, in order to ensure that they are fully effective.

This Resolution is granted without prejudice to the powers conferred or may be conferred by the Board of Directors of the Entity.

This Resolution partially amends the first paragraph of the Resolution of the Presidency of ADIF, dated April 27, 2012, published in the "Official Gazette of the State" number 142, marginal 7893, dated June 14 2012, as regards the powers delegated by the President in internal bodies of the Entity to act as contracting authority; the remainder of the powers delegated to that first paragraph shall be fully maintained in force; Resolution, in terms of the powers to hold the representation of the Entity and to execute the Agreements of the Management Board, as well as the other paragraphs of the said Resolution.