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Resolution Of 9 Of March Of 2016, Of The Secretariat Of State Of Infrastructure, Transport And Housing, By Which Is Published The Agreement Of The Council Of Administration Of The Administrator Of Infrastructure Railway On Delegation Of Fall...

Original Language Title: Resolución de 9 de marzo de 2016, 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 competen...

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TEXT

The Board of Directors of the Business Public Infrastructure Manager (ADIF), in its session of 26 February 2016, agreed, in accordance with the provisions of the additional provision The 13th 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 business public entity Administrator of Railway Infrastructures (ADIF) of 26 February 2016 on the delegation of powers set out in Annex to this Decision 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, 9 March 2016.-The Secretary of State for Infrastructure, Transport and Housing, Julio Gómez-Pomar Rodríguez.

ANNEX

The Board of Directors, by unanimity of the members present with the right to vote, and absent by delegation, and in accordance with the provisions of the additional provision of Law 6/1997, of 14 April 1997, of the Organization and Operation of the General Administration of the State, agrees, to approve the Resolution dated February 26, 2016, of the President of the Public Entity Business Administration of Railway Infrastructures (ADIF) amend paragraphs 4 and 11 of the Resolution of 22 December 2015 on delegation of powers, and by which new powers are delegated to internal bodies of the entity, the text of which is then transcribed:

" Resolution of the President of the ADIF business public entity amending the fourth and 11th paragraphs of the Resolution of 22 December 2015 on the delegation of powers, and on which new powers are delegated competencies in internal organs 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, 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 powers in certain internal ADIF bodies.

In particular, in the fourth paragraph of the ADIF Presidency Resolution dated 22 December 2015, published in the BOE No 21, Marginal 677 dated 25 January 2016, the following were delegated, inter alia, to the following: powers in the internal bodies of ADIF in matters of management of expenditure and payments of the Entity.

Currently, ADIF is immersed in a process of transformation of its internal management procedures for the implementation of the electronic administration throughout the organization. In this context, the Entity will introduce various improvements in its system of drawing up certification of works contracts, services and supplies, which will allow the implementation of electronic certification and the use of electronic signatures. certified for dispatch.

Therefore, this Resolution seeks to modify the current delegation of competences in the field of expenditure and payments management, in order to adapt it to the new requirements required as a result of the gradual Implementation of electronic administration in ADIF.

Furthermore, in paragraph 11 of the aforementioned ADIF Presidency Resolution of 22 December 2015, certain powers were delegated for the administrative approval of the projects for the construction of cross-border crossings. different levels and those of the necessary works for the reordering, concentration and improvement of the steps at level and their accesses provided for in Article 8 of the Law of the Railway Sector, although, according to criteria of efficiency and effectiveness in the management, it is now considered necessary to delegate to the internal bodies of ADIF the exercise of all the Article 8 of the Law on the Railway Sector gives the general managers of railway infrastructure in the field of level crossings.

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 fourth and 11th paragraphs of the ADIF Presidency Resolution dated 22 December 2015, published in the Boe number 21, marginal 677 dated 25 January 2016, which will be drawn up in the following terms:

4. Order Entity expenses and payments:

It is delegated to the internal organs of the Entity which then relate the competence to recognize the obligations arising from the services, supplies and works provided or executed by third parties, as well as for propose your payment:

-Up to the amount of EUR 6,000,000:

In the Directors-General and the Director of Communication, on the proposal of the internal organs immediately dependent on those, in their respective areas or territorial areas.

In the case of energy or fuel costs, the competition to order the expenses and propose your payment up to the amount of 1,000,000 euros, is delegated to the Director of Coordination of Business and Services, and for above 1,000,000 euros, in the Director General of Customer Services and Heritage on the proposal of the Director of Business and Services Coordination.

-Up to EUR 700,000:

In the Directorates-General: In the Directors, at the proposal of the maximum responsible for monitoring the performance of the contract, the person responsible for the processing of the expenditure file, or the internal organs immediately dependent on the delegated bodies.

In directorates directly dependent on Directorates-General: In the Directors directly dependent on the Directorates, at the proposal of the maximum responsible for monitoring the performance of the contract, the person responsible the processing of the expenditure file, or of the internal bodies immediately dependent on the delegated bodies.

-up to the amount of EUR 300,000: in the holders of the other internal bodies of the Entity which, under the responsibility of the ADIF Presidency or the respective holders of the Directorates-General or of the Address of Communication, be determined, in their respective areas or territorial areas, through rules of internal regime developed to the effect, at the proposal of the person responsible for the follow-up of the execution of the contract or the responsible the processing of the expenditure file.

-In the case of payroll and liquidations to Social Security, the competition to order the expenses and propose their payment, in amount of more than 6,000,000 euros, is delegated to the Director General of Human Resources and Secretariat General and the Council, on a proposal from the Director of Human Resources, directly dependent on the Director.

-In the case of tax settlements and other payment obligations that have the consideration of income from Public Law, the competition to order the expenses and propose their payment in excess of 6,000,000 euros, is delegated to the Director-General Financial and Corporate, on a proposal from the competent internal body, directly dependent on that body. For amounts less than that, the competition shall be the responsibility of the Director of Treasury and Accounting on the proposal of the Deputy Director of Administration directly dependent on that.

-For amounts exceeding EUR 6,000,000, and with the exception of the delegation established in this resolution for payroll, social security and tax payments, as well as the one set for energy expenditure and fuels, the competence to recognize the obligation and to propose for its payment is reserved to the President of the Entity, at the proposal of the Directors General and the Director of Communication.

The management of payments corresponding to the recognised obligations arising from the services, supplies and works provided or executed by third parties shall be carried out in the field of action of the Directorate-General Financial and Corporate of ADIF through the exercise of the powers of proxy in banking and financial matters granted by the Board of Directors to staff of the Entity attached to that body.

All the amounts referred to in this delegation of expenditure and expenditure management powers are final, i.e. including all concepts of any nature, including the tax on the Value Added (VAT), and net of any amount or amount satisfied at another time or act.

The Chief Financial and Corporate Director of ADIF is hereby enabled to make any provision of internal arrangements for the development and proper implementation of this delegation of management powers. of expenditure and payments, as a guarantee of their full effectiveness.

Except for the scope of this delegation of expenditure and expenditure management powers, the recognition of the obligations and the payments made in the exercise of the powers of enforcement in respect of debt and financial-equity management, and the powers granted by the Board of Directors of ADIF on such matters are applicable to that effect.

11. For the exercise of the powers that Article 8 of Law 38/2015, of September 29, of the Railway Sector, attributes to ADIF, in matters of level steps.

Be delegated:

− In the General Manager of Exploitation and Construction of ADIF.

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

This Resolution amends and consequently replaces the fourth and 11th paragraphs of the ADIF Presidency Resolution dated 22 December 2015, published in the BE-No. 21, marginal 677, dated 25 September 2015. January 2016, in respect of the management of the expenses and payments of the Entity and regarding the administrative approval of the projects of construction of crosses to different level and those of the necessary works for the reordering, concentration and improvement of the level and access steps provided for in Article 8 of the Law on the Rail Sector. "

Publish this Resolution in the "Official State Gazette".

In Madrid, on February 26, 2016. -President of the Railway Infrastructure Manager, Gonzalo Jorge Ferre Molto. "