Order FOM/1644/2012, of 23 July, on the delegation of powers in the Ministry of Public Works, collects in a systematic, homogeneous and unified way all the delegations of competences of all the higher and higher organs managers of the Ministry of Public Works, including in a single text both the delegations of competences that the holder of the Department carries out and the approval of the delegations that perform the other organs of the Ministry.

Royal Decree 1072/2014 of 19 December 2014 establishing the State Agency for Railway Safety and the adoption of its Staff Regulations provides for the second additional provision that the date of the effective constitution of the Agency Agency, the Directorate-General of Railways and the following bodies dependent on it are deleted: the General Planning and Projects Subdirectorate, the General Construction Subdirectorate and the General Coordination Subdirectorate Railway. The disappearance of these bodies means leaving the delegations of powers of which they were subject to no content.

Likewise, the final provision of Royal Decree 1072/2014 of 19 December 2014 amends Royal Decree 452/2012 of 5 March, for which the organic structure of the Ministry of Public Works is developed and the Royal Decree is amended. Decree 1887/2011, of 30 December, establishing the basic organic structure of the ministerial departments, establishes the dependency of the General Secretariat of Infrastructures of the General Subdirectorate of Railway Planning and the Division of Studies and Coordination of Investments in Infrastructures.

For its part, the third transitional provision of Royal Decree 1072/2014 of 19 December 2014 provides that the current budgetary structure will not be altered during the whole of the financial year 2015, with the development of the State Agency Railway safety its action in accordance with the budgetary and accountability regime applicable to the Directorate-General of Railways. All expenditure necessary for the operation of the State Railway Safety Agency shall be charged in the form and in charge of the appropriations provided for the Directorate-General for Railways.

All this makes it necessary to update the delegations of competences in the field of the Units dependent on the Secretariat of State for Infrastructure, Transport and Housing.

In its virtue, in accordance with the provisions of Article 13 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and in 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, has:

Single item. Amendment of Order FOM/1644/2012 of 23 July 2012 on the delegation of powers to the Ministry of Public Works.

Order FOM/1644/2012, of 23 July, on the delegation of powers to the Ministry of Public Works, is amended as follows:

One. Points (A), (B) and (G) of the second paragraph .2 are worded as follows:

" A) In the headlines of the Directorate-General for Roads and the General Subdirectorate for Railway Planning, for the contracts of their respective fields of competence, the estimated value of which is greater than 1,000,000 euros, with the exception of the following powers relating to the procurement procedure, which are not delegated and reserved to the Secretary of State:

a) The order of initiation of the procurement file;

(b) the approval of the procurement file and the corresponding expenditure and the opening of the award procedure;

c) the award of contracts;

d) the approval of the modifications of the contracts and the corresponding expenditure;

e) the approval of complementary services related to such contracts, which are dealt with by the procedure established in the recast text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, as well as the approval of the corresponding expenditure;

f) resolution of contracts;

g) the waiver of the conclusion of the contract and the withdrawal of the award procedure, and

h) the ex officio review and declaration of nullity of the preparatory acts and the award of the contract.

B) In the holder of the Directorate-General for Roads, for contracts in his field of which the estimated value is equal to or less than 1,000,000 euros and more than EUR 100 000, except for the following powers relating to: procurement procedures, which are not delegated and reserved to the Secretary of General Infrastructure:

a) The order of initiation of the procurement file;

(b) the approval of the procurement file and the corresponding expenditure and the opening of the award procedure;

c) the award of contracts;

d) the approval of the modifications of the contracts and the corresponding expenditure;

e) the approval of complementary services related to such contracts, which are dealt with by the procedure established in the recast text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, as well as the approval of the corresponding expenditure;

f) resolution of contracts;

g) the waiver of the conclusion of the contract and the withdrawal of the award procedure, and

h) the ex officio review and declaration of nullity of the preparatory acts and the award of the contract.

G) In the holder of the General Sub-Directorate of Railway Planning, for the contracts of its field of competence the estimated value of which is equal to or less than 1,000,000 euros, except for the following relative competencies the procurement procedure, which is delegated to the holder of the General Secretariat for Infrastructure:

a) The order of initiation of the procurement file;

(b) the approval of the procurement file and the corresponding expenditure and the opening of the award procedure;

c) the award of contracts;

d) the approval of the modifications of the contracts and the corresponding expenditure;

e) the approval of complementary services related to such contracts, which are dealt with by the procedure established in the recast of the Law on Public Sector Contracts, as well as the approval of the expenditure corresponding;

f) resolution of contracts;

g) the waiver of the conclusion of the contract and the withdrawal of the award procedure, and

h) the ex officio review and declaration of invalidity of the preparatory acts and the award of the contract. "

Two. Point (B) of second paragraph 3 is worded as follows:

" B) In the holder of the Technical General Secretariat, in each of the Directors-General, in the Director of the Cabinet of the Secretary of State and in the holder of the Subdirectorate General of Railway Planning for the contracts to be financed from the budget appropriations allocated to them, except as provided for in point (C) below. "

Three. Section 4 (2) is worded as follows:

" 2. With the prior approval provided for in the additional provision of Law 6/1997 of 14 April 1997, the Secretary of State for Infrastructure, Transport and Housing delegates to the respective Directorates General, in the the holder of the Subdirectorate-General for Railway Planning and, for the financial year 2015, the Director of the State Agency for Railway Safety, in their respective functional areas, with the exception provided for in paragraph 3 below and in the fifteenth and sixteenth paragraphs of this Order, the exercise of the following competencies:

A) Approve the expenses charged to the budget credits assigned to them, except those of Chapter 1.

B) Authorize the commitments and settlements that proceed in relation to the approved expenses, recognize the obligations and interest of the Treasury Public the ordination of the timely payments.

C) Authorize the accounting documents referred to in the regulations of the Ministry of Finance and Public Administrations on accounting operations for budgetary implementation and approve the accounts relating to such expenditure. "

Four. Paragraph 5 (6) is worded as follows:

" 6. The Director of the State Agency for Railway Safety for the financial year 2015 is delegated to the Head of the Department for the purpose of agreeing on expenditure and payments from 'advance payment of cash' from the appropriations. the budget that you have allocated according to your functional scope. "

Five. Paragraph sex.4 is worded as follows:

" 4. It is delegated to the holder of the General Secretariat of Infrastructures and to the heads of the Directorates-General of Civil Aviation and Roads, the exercise of the powers conferred on the head of the Department by the legal system in the The matter of compulsory expropriation, in the case of infrastructure, railway, airport or road infrastructure, works and installations, with the exception provided for in the 16th paragraph of this Order. "

Six. Point (C) of paragraph .2. is worded as follows:

"(C) In the holder of the General Subdirectorate of Railway Planning for the purposes of his or her duties, the amount of which does not exceed 1,000,000 euros."

Seven. Point (B) of paragraph 15 (2) is worded as follows:

" B) In the holder of the General Secretariat for Infrastructure:

(a) Communicate to the Autonomous Communities or Local Entities, prior to the adoption of the agreement of the Council of Ministers, the proposal for the closure of a line or of a section, in the terms provided for in Article 11.2 of Law 39/2003 of 17 November.

(b) Set the conditions for the closure of infrastructure elements other than railway lines and sections, in accordance with Article 11.3 of Law 39/2003 of 17 November. '

Eight. Point (B) of paragraph 15 (3) is worded as follows:

" B) In the General Secretary of Infrastructure, determine, on a case by case basis, lower distances for public domain and protection zones, depending on the specific technical characteristics of the railway line and of the typology of the soil by which the line runs, in accordance with the provisions of Law 39/2003 of 17 November of the Railway Sector. "

Nine. Point (B) of paragraph 15 (4) is worded as follows:

" B) In the holder of the General Secretariat for Infrastructure:

a) Establish the guidelines by which the ADIF will have the rules for the physical connection of the General Interest Railway Network and those administered by a Port Authority, as well as for the management of the operations for the movement of the same, in accordance with the provisions of Article 36.3.a of Law 39/2003 of 17 November.

b) Approve the agreements between the holders of ports which do not have the general interest and the ADIF on connection with the Railway Network of General Interest, in accordance with the provisions of the Article 36.4 of Law 39/2003 of 17 November. "

Ten. Point (C) of paragraph 15 (5) is worded as follows:

" C) In the Director of the State Agency for Railway Safety approve, on a proposal of ADIF or ADIF High Speed, a contingency plan in case of disturbances of the railway traffic, in accordance with the established in Article 8.1 of the Regulation on the movement of the Railway Network of General Interest, approved by Royal Decree 810/2007 of 22 June 2007. '

Once. Point (B) of paragraph 15 (5) is worded as follows:

" B) In the holder of the General Secretariat of Infrastructures, grant the qualification to occupy the areas of public domain that are necessary and, if necessary, acquire the private property through the procedure of compulsory expropriation, where the establishment of a railway line of private ownership is, in accordance with the legislation expropriatory, public utility or social interest, in accordance with the provisions of Article 37.4 of the Law 39/2003, dated November 17. "

Twelve. Paragraph 15 (5) is replaced by the

:

" 7. With the prior approval provided for in the additional provision of Law 6/1997 of 14 April 1997, the Secretary of State for Infrastructure, Transport and Housing delegates the exercise of the following powers in the field of railway infrastructure in the holder of the General Rail Planning Subdirectorate:

(a) Order the drafting of planning, preliminary and information studies, and of projects and projects, as well as the modification and cancellation of these orders, corresponding to railway infrastructure actions.

b) Designate the coordinators in the field of health and safety during the development of the work projects in the appropriate cases.

c) In relation to service contracts and management of their functional scope:

1. Approve the work programmes, grant the carryovers, authorise the partial suspension as well as their resumption, authorize the wording of the modified ones and approve them technically when the additional one does not exceed 10 per 100 of the award price, and technically approve the liquidations, provided that the resulting balance does not exceed 10 per 100 of the award price and the additional amount does not exceed EUR 100 000.

2. Order the economic processing of modification files, annuity adjustments, price revisions, and settlements.

3. The contract notice of tender as well as of the resolutions for which the formalisations of the contracts are made public.

4. The formalisation of the contract, after its award, in administrative document or public deed.

5. The approval of certificates of good account and "on firm" accounts issued in the execution of contracts and supporting accounts.

6. The resolution on acceptance and readjustment of guarantees.

7. The authorisation of the return of guarantees, where applicable in each case, in accordance with the legislation in force. "

Single end disposition. Effectiveness.

This order shall have effect from the day following that of its publication in the "Official State Gazette".

Madrid, April 17, 2015. -Minister of Development, Ana Maria Pastor Julian.