Resolution Of May 5, 2015, Of The Ministry Of Infrastructure, Transport And Housing, Which Publishes The Agreement Of The Council Of Administration Adif-High Speed, On Delegation Of Powers.

Original Language Title: Resolución de 5 de mayo de 2015, de la Secretaría de Estado de Infraestructuras, Transporte y Vivienda, por la que se publica el Acuerdo del Consejo de Administración de ADIF-Alta Velocidad, sobre delegación de competencias.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5524

The Board of Directors of the public enterprise ADIF-high speed, at its meeting of April 24, 2015, adopted, in accordance with the provisions of the thirteenth additional provision of law 6/1997, of 14 April, of organization and functioning of the General Administration of the State, the agreement contained as an annex to the present resolution, which approves the resolution the President of ADIF-high speed , April 24, 2015, on delegation of powers.

In accordance with the provisions of the thirteenth additional provision of Act 6/1997, of 14 April, organization and functioning of the General Administration of the State, as well as with the provisions of article 13.3 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, comes the publication of the agreement in the «Official Gazette».

Madrid, may 5, 2015.-the Secretary of State of infrastructure, transport and housing, Julio Gómez-Pomar Rodríguez.

Annex the Board of Directors, by unanimous vote of the members present entitled to vote, and in accordance with the provisions of the additional provision thirteenth of law 6/1997, of 14 April, of organization and functioning of the General Administration of the State, agrees to approve the resolution dated April 24, 2015, of the Chairman of the public company ADIF-high speed that are delegated powers in respect of management expenses and payments of electric power in internal organs of the Organization, the text of which is transcribed below: "resolution of the President of the public enterprise ADIF-high speed that powers are delegated management of expenditures and payments for electrical energy in the internal organs of the body.

The Royal Decree-Law 15/2013, of 13 December, provides for the establishment, dated December 31, 2013, of the public enterprise ADIF-high speed as a public body under article 43.1. b) of law 6/1997, of 14 April, of organization and functioning of the General Administration of the State, through the spin-off of the branch of activity of construction and management of high-speed infrastructures , and others that are attributed to them and are assigned until the date of entry into force of this Royal Decree-law the administrator of railway infrastructures (ADIF).

Article 1(4) of the Royal Decree-Law 15/2013, of 13 December, also has the President of the entity public business ADIF and Secretary of its Board of Directors, it shall, in addition, ADIF-high speed.

Article 23.1 of the Royal Decree 1044 / 2013, of 27 of December, which approves the Statute of the public enterprise ADIF-high speed features, will be Chairman of the entity and its Board of directors who meet the condition of President of the public enterprise administrator of railway infrastructures (ADIF).

By Royal Decree 29/2013, January 18, is named President of the public enterprise administrator of railway infrastructures (ADIF) don Gonzalo Jorge Ferre Molto.

Article 23.2. n) of the Statute of the entity public business ADIF-high speed attributed to the entity's President competition order costs and fees of the entity and make all kinds of collections, either that is the amount; projecting is also in paragraph 3 of the quoted article 23, the possibility of delegation of certain competencies in managerial staff or other internal organs of the body.

According to criteria of operability and speed in management, it is considered necessary that management costs and payments of invoices received in ADIF-high speed of various undertakings of electricity, be carried out, up to the amount of 6,000,000, by the Agency's Director General, and up to the amount of 1,500,000 euros, by the Director of telecommunications and power of ADIF-high speed.

On the other hand, article 13(1) of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, provides that bodies of the different public administrations may delegate the exercise of powers that have conferred in other organs of the same administration, noting also in the third paragraph of that article that the delegations of powers and its repeal shall be published in the official bulletin of the State.

In addition, and in accordance with the provisions of the thirteenth additional provision of Act 6/1997, of 14 April, organization and functioning of the General Administration of the State, the delegations of powers between organs must be approved, in the public bodies, the maximum steering mechanism, in accordance with its rules of creation.

Based on the above, the President of ADIF-high speed, in exercise of the powers conferred on him by article 23.3 of the Agency's Statute, comes to adopt the following resolution: sole.

Order costs and payments of the entity in the field of electricity: delegate competition for recognition of the obligations of the services and supplies rendered in the field of electric power, as well as for the approval of the relevant payments: up to the amount of EUR 6,000,000: in the Agency's General Director, on the proposal of the Director of telecommunications and power of ADIF-high speed.

Up to the amount of 1,500,000 euros: the Director of telecommunications and ADIF-high speed energy, on the proposal of the head of the monitoring of execution of the contract, the person responsible for processing the case of spending, or the internal bodies immediately under the Director of telecommunications and energy.

All amounts referred to in the present delegation of competences of management expenses and payments, understand end, i.e. including all concepts of any nature, including the tax on the value added (VAT), and net of any quantity or amount paid at another time or act.

This resolution is given without prejudice to the powers conferred upon them, or that may confer through empowerment by the entity.

The present resolution be published in the «Official Gazette».

Madrid, April 24, 2015.-the President of ADIF-high speed, Gonzalo Ferre Molto.