Order Fom/731/2015, Of 17 April, Amending The Order Fom/1644/2012, From 23 July, On Delegation Of Powers At The Ministry Of Public Works.

Original Language Title: Orden FOM/731/2015, de 17 de abril, por la que se modifica la Orden FOM/1644/2012, de 23 de julio, sobre delegación de competencias en el Ministerio de Fomento.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-4467

Order FOM/1644/2012, 23 July, on delegation of powers at the Ministry of public works, picks up systematically, homogeneous and unified all the delegations of powers of all superior and executive organs of the Ministry of public works, including in a single text both the delegations of powers that the holder of the Department as the approval of the delegations which made the other organs of the Ministry.

He Real Decree 1072 / 2014, of 19 of December, by which is creates it agency State of security railway and is approves its Statute, sets in its available additional second that to the date of the Constitution effective of it Agency, is suppressed it address General of railways and them following organs dependent of she: it Subdirectorate General of planning and projects the General Sub-Directorate of construction and the General Sub-Directorate of coordination railway. The disappearance of these organs supposed to let delegations of powers that they were subject to no content.

Also, the available end first of the Real Decree 1072 / 2014, of 19 of December, modifies the Real Decree 452 / 2012, of 5 of March, by which is develops the structure organic of the Ministry of building and is modifies the Real Decree 1887 / 2011, of 30 of December, by which is sets the structure organic basic of them departments Ministerial establishes the dependence of the General Secretariat of infrastructure of the Subdirectorate General of rail planning and the Division of studies and coordination of investments in infrastructure.

For its part, the third transitional provision of the Royal Decree 1072 / 2014, of 19 December, establishes that throughout the year 2015 it will not alter the budgetary current structure, developing the railway safety agency his performance in accordance with the budgetary regime and accountability applicable to the General direction of railways. All costs necessary for the functioning of the State Agency of railway safety shall be charged in the form and with the appropriations intended for the General Directorate of railways.

All this makes necessary update the delegations of powers in the field of them units dependent of the Secretariat of State of infrastructure, transport and housing.

In his virtue, in accordance with the provisions of article 13 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, and the additional provision thirteenth law 6/1997, of 14 April, organization and functioning of the General Administration of the State, I have: single article. Modification order FOM/1644/2012, from 23 July, on delegation of powers at the Ministry of public works.

Order FOM/1644/2012, 23 July, on delegation of powers at the Ministry of public works, is hereby amended as follows: one. ((The letters A), B) and G) paragraph segundo.2 are worded as follows: ' A) in holders of General Directorate of roads and the General Sub-Directorate of railway planning, for contracts in their respective spheres of competence, whose estimated value is greater than 1,000,000 euros, except the following competences related to the procurement procedure, that they are not delegated and are reserved to the Secretary of State» (: a) the order of initiation of the record of hiring;

(b) the approval of action contracting and expenditure and the opening of the award procedure;

(c) the award of contracts;

(d) the approval of amendments to contracts and expenditures;

(e) the approval of services complementary related with such contracts, that is processed by the procedure established in the text consolidated of it law of contracts of the Sector public, approved by Royal Decree legislative 3 / 2011, of 14 of November, as well as the approval of the expenditure corresponding;

(f) the resolution of contracts;

g) renunciation of the contract and the withdrawal of the proceedings of adjudication, and h) revising office and Declaration of invalidity of the preparatory acts and award of the contract.

((B) in the head of General Directorate for roads, for contracts from its scope whose estimated value is equal or less than 1,000,000 euros and exceeding 100,000 EUR, except the following competences related to the procurement procedure, that are not delegated and are reserved to the General Secretary of infrastructures: a) the initiation of the procurement record order;

(b) the approval of the record of procurement and of the expenditure corresponding and the opening of the procedure of adjudication;

(c) the award of contracts;

(d) the approval of amendments to contracts and expenditures;

(e) the adoption of complementary services related to these contracts, which are processed by the procedure laid down in the revised text of the Public Sector Contracts Act, approved by Royal Legislative Decree 3/2011, November 14, as well as the approval of expenditures;

(f) the resolution of contracts;

((g) the resignation to the celebration of the contract and the withdrawal of the procedure of award, and h) the review of trade and Declaration of nullity of them acts preparatory and of award of the contract.

((G) into the holder of the General Sub-Directorate of railway planning, for contracts of their sphere of competence, whose estimated value is equal to or less than 1,000,000 euros, except the following competences related to the procurement procedure, which is delegated to the head of the General Secretariat of infrastructure: to) the initiation of the procurement record order;

(b) the approval of action contracting and expenditure and the opening of the award procedure;

(c) the award of contracts;

(d) the approval of amendments to contracts and expenditures;

e) the approval of ancillary services related to such contracts, which are processed by the procedure laid down in the revised text of the law of contracts in the Public Sector, as well as the approval of expenditures;

(f) the resolution of contracts;

«g) renunciation of the contract and the withdrawal of the proceedings of adjudication, and h) revising office and Declaration of invalidity of the preparatory acts and award of the contract.»

Two. (The letter B) of the paragraph segundo.3 is drafted as follows: «(B) in the holder of the Secretariat General technical, in each one of them Directors General, in the Director of the Cabinet of the Secretary of State and in the holder of the Subdirectorate General of planning railway for them contracts that have of finance is with charge to them credit budget that have assigned» following (, salvo lo previsto en la letra C).»

Three. Cuarto.2 paragraph is worded as follows: «2. prior approval provided for in the provision additional thirteenth of law 6/1997, of 14 April, the Secretary of State for infrastructure, transport and housing delegates in the holders of the respective Directorates-General, in the headline of the General Sub-Directorate of railway planning, and for the year 2015, the Director of the State Agency of railway safety» (in their respective fields functional, with the exceptions provided for in the following paragraph 3 and paragraphs 15th and 16th of this order, exercise the following powers: to) approve expenditures charged to the budget appropriations that have assigned, except those of Chapter 1.

(B) authorize commitments and liquidation proceeding in relation to the approved costs, recognize the obligations and interest of the Treasury management of timely payments.

(C) allow accounting documents to that referred to in the regulation of the Ministry of finance and public administration on accounting operations of budget implementation and approve the accounts relating to these expenses.'

Four. He paragraph quinto.6 is drafted as follows: «6. is delegates in the Director of the Agency State of security railway for the exercise 2015 the exercise of it competition attributed to the holder of the Department for agree expenses and payments with charge to "advances of box fixed" with charge to them credits budget that has assigned in accordance with its field functional.»

5. It paragraph sexto.4 is drafted as follows: «4. is delegates in the holder of the Secretariat General of infrastructure and in them holders of them addresses General of aviation Civil and of roads, the exercise of them powers that the ordering legal attributed to the holder of the Department in matter of expropriation forced, according to is try respectively, of infrastructure, works e facilities railway» «, airport or of roads, with the caveats provided for in the paragraph sixteenth of this order.»

6. The letter C) noveno.2 paragraph is worded as follows: «C) into the holder of the General Sub-Directorate of rail planning for the charges relating to its powers whose amount does not exceed 1,000,000 euros.»

7. The letter B) decimoquinto.2 paragraph is worded as follows: «B) at the head of the General Secretariat of infrastructure:»


(a) communicate to the autonomous communities and local entities, prior to the adoption of the agreement of the Council of Ministers, the proposal for closing a line or a stretch, in the terms provided for in article 11.2 of the law 39/2003, 17 November.

(b) set the stage for the closing of infrastructure elements other than lines and railway sections, in accordance with the provisions of article 11.3 of the law 39/2003 of 17 November."

8. The letter B) decimoquinto.3 paragraph is worded as follows: «B) the Secretary General of infrastructure, determine, case by case, distances of less for the public domain and zones of protection, depending on the specific technical characteristics of railway line and the type of soil that runs this line, in accordance with what is established in law 39/2003» «, of 17 of November, of the Sector rail.»

Nine. The letter B) decimoquinto.4 paragraph is worded as follows: ' B) (in the head of the General Secretariat of infrastructure: to) establish the guidelines by which the ADIF will have rules for the railway network of General interest-physical connection and managed by a port authority as well as for the management of the circulation of these operations» , in accordance with the provisions of article 36.3. a of the law 39/2003, 17 November.

«(b) approve them conventions between the entities holders of ports that not have the consideration of interest general and the ADIF on connection with the network railway of interest General, of conformity with it established in the article 36.4 of the law 39 / 2003, of 17 of November.»

10. (The letter C) of the paragraph decimoquinto.5 is drafted as follows: «(C) in the in the Director of the Agency State of security railway approve, to proposed of ADIF or ADIF high speed, a plan of contingencies in case of disturbances of the traffic railway, of conformity with it established in the article 8.1 of the regulation on security in the circulation of it network railway of interest General» approved by Royal Decree 810/2007, of 22 June.»

Eleven. The letter B) decimoquinto.6 paragraph is worded as follows: «B) at the head of the General Secretariat of infrastructure, grant the authorization to occupy land in the public domain that are necessary and, where appropriate, purchase of private property through compulsory purchase procedure, when the establishment of a privately owned railway line, in accordance with the expropriation legislation» of public utility or social interest, in accordance with article 37.4 of the law 39/2003 of 17 November."

12. Decimoquinto.7 paragraph is worded as follows: ordering the drafting of planning studies» previous and informative, and of pre-projects and projects, as well as modification and cancellation of these orders, corresponding to performances of railway infrastructures.

(b) designate to them coordinators in matter of safety and health during the elaboration of the projects of work in them cases that proceed.

(c) in relation to contracts for the services and charges of its functional domain management: 1. approve work programmes, grant extensions, authorize the partial as well as your resume suspension, authorize the drafting of modified and approve them technically when the additional does not exceed 10 per 100 of the adjudication price, and technically approve settlements, provided that the resulting balance does not exceed 10 per 100 of the price for the award and the additional amount is not superior to 100,000 euros.

2 order the economic processing of records of modifications, adjustments of annuities, reviews, prices and closeouts.

3. the announcement of tender of contracts as well as of the resolutions by which is make public them formalisations of them contracts.

4. the formalization of the contract, after adjudication, administrative document or deed.

5. the approval of the certifications to good account and accounts "firm" issued in execution of contracts and support accounts.

6. the resolution on acceptance and adjustment of guarantees.

«7. the authorization of the return of guarantees, when in each case proceed, according to the legislation current.»

Available end only. Efficiency.

The present order shall take effects from the day next to the of your publication in the «Bulletin official of the State».

Madrid, 17 April 2015.-the Minister of public works, Ana María Pastor Julián.