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Resolution Of 9 March 2015, Of The Ministry Of Infrastructure, Transport And Housing, Which Is Published By The Agreement Of The Council Of Administration Of The Infrastructure Manager Railway On Delegation Of Fall...

Original Language Title: Resolución de 9 de marzo de 2015, 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 27 February 2015, 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) amending the sixth paragraph of the ADIF Presidency Resolution of 31 December May 2013, by which certain powers are delegated to internal bodies of the institution, which is listed as an annex 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 such an agreement in the "Official State Gazette".

Madrid, 9 March 2015.-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, the approval of the Resolution dated February 27, 2015, of the President of the Public Entity Business Infrastructure Manager (ADIF), on delegation of powers, the text of which is then transcribed:

" Resolution of the President of the business public entity Administrator of Railway Infrastructures (ADIF) amending the sixth paragraph of the Resolution of the Presidency of ADIF, dated May 31, 2013, by which delegated certain powers to 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 competence in certain internal ADIF bodies, in coherence with the organisational structures and developments in force at any time in the Entity and in consideration of their specific functions.

Particularly, in the sixth paragraph of the ADIF's Presidency Resolution of 31 May 2013, published in the BOE number 151, marginal 6891, dated 25 June 2013, were delegated, inter alia, to certain powers in internal bodies of the institution for the resolution of the procedures relating to the authorisations provided for in Article 15.1 of Law 39/2003 of 26 November of the Railway Sector, which provides that, ' to implement, in the areas of public domain and protection of the railway infrastructure, any type of works or fixed or provisional installations, changing the destination of the same or the type of activity which can be carried out on them and planting or cutting down trees shall be required subject to the authorisation of the railway infrastructure manager ... '

As a consequence of the organizational restructuring approved by the Presidency of the Entity in the field of the General Direction of Exploitation and Construction, in the session of the Management Committee of the Entity dated 6 of February 2015, it is necessary to modify the wording of the said delegation of competences in internal organs, referring to the resolution of the procedures relating to the authorizations provided for in article 15.1 of the Law of the Sector Railway, delegating such competence in the Director General of Exploitation and Construction of ADIF and in the internal organs that are designated by Resolution.

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 sixth paragraph of the ADIF Presidency Resolution dated 31 May 2013, published in the BOE number 151, marginal 6891, dated 25 June 2013, as referred to in the resolution of the proceedings concerning the authorisations provided for in Article 15.1 of Law 39/2003 of 26 November of the Railway Sector and which shall be drawn up in the following terms:

" 6. For the resolution of the procedures relating to the authorizations provided for in Article 15.1 of Law 39/2003 of 26 November of the Railway Sector.

It is delegated to the Director General of Exploitation and Construction of ADIF and to the internal organs that are designated by Resolution.

This resolution is granted without prejudice to the powers conferred, or which may be conferred, by proxy by the Board of Directors of the entity. "

This resolution amends and consequently replaces the sixth paragraph of the ADIF Presidency Resolution dated 31 May 2013, published in the BOE number 151, marginal 6891, dated 25 June 2013, in referred to the resolution of the procedures relating to the authorisations provided for in Article 15.1 of the Law on the Rail Sector.

Publish this resolution in the "Official State Gazette".

Madrid, February 27, 2015. -President of the Railway Infrastructure Manager, Gonzalo Jorge Ferre Molto. "