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...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-3360

The Board of Directors of the public enterprise administrator of railway infrastructures (ADIF), at its meeting of 27 February 2015, agreed, 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, the adoption of the resolution of the President of the public enterprise administrator of railway infrastructures (ADIF) by amending the sixth paragraph of the Resolution of the President of ADIF, date 31 May 2013, by which delegated certain powers in internal organs of the Organization, which is contained as an annex to the present resolution.

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, 9 March 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 absent by delegation, and 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, agrees, the adoption of the resolution dated 27 February 2015 , President of the entity public business administrator of railway infrastructures (ADIF), on delegation of powers, the text of which is transcribed below: "resolution of the President of the public enterprise administrator of railway infrastructures (ADIF) by amending paragraph sixth of the resolution of the President of ADIF, date 31 May 2013, which is delegated certain powers in the insides of the entity.

Article 23.2 of the status of the entity public business manager de Infraestructuras Ferroviarias (ADIF), approved by Royal Decree 2395 / 2004, of 30 December, establishes the powers competence of the President of the entity; anticipation is also in the third paragraph of that article, the possibility of delegation by certain powers in the Vice President, managerial staff or other internal organs of the body.

On the basis of this regulatory provision, they have been taking by the President of ADIF, since the entry into force of the law of the railway Sector and the mentioned statutory rule, successive resolutions of delegation of powers in certain internal organs of ADIF, consistent with current organizational developments at each time in the State and in consideration of their specific functions and structures.

In particular, in the sixth paragraph of the resolution of the President of ADIF, date of May 31, 2013, published in the Official Gazette number 151, marginal 6891, dated June 25, 2013, are delegated, among others, certain competences in internal organs of the body for the resolution of procedures relating to the authorization provided for in article 15(1) of the law 39/2003 , November 26, the railway Sector, which provides, "to run, in the areas of public domain and protection of railway infrastructure, any works or installations fixed or temporary, change the destination of the same or the kind of activity that you can perform on them and planting or felling trees would require the prior authorisation of the railway infrastructure manager..."

As a result of the restructuring approved by the Presidency of the institution in the context of the General direction of exploitation and construction, at the session of the Committee of direction of the entity of date February 6, 2015, it is necessary to modify the wording of the aforementioned delegation of powers in internal organs, referred to the resolution of the procedures relating to the authorisations provided for in article 15(1) of the law of the railway Sector delegating this competence in the Director-General of exploitation and construction of ADIF and internal organs that are designated by resolution by this.

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 previously approved, in the public bodies, the maximum steering mechanism, in accordance with its rules of creation.

Based on the foregoing, the President of the railway infrastructure manager, use of the powers conferred on him by article 23.3 of the Statute of ADIF, approved by Royal Decree 2395 / 2004, of 30 December, comes to adopt the following resolution: change the sixth paragraph of the resolution of the President of ADIF, date of May 31, 2013 published in the Official Gazette number 151, marginal 6891, dated June 25, 2013, in regard to the resolution of procedures relating to the authorization provided for in article 15(1) of the law 39/2003, of 26 November, the railway Sector, and you shall be drafted in the following terms: "6th for the resolution of procedures relating to the authorization provided for in article 15(1) of the law 39/2003." , November 26, the railway Sector.

It delegates the Director General of exploitation and construction of ADIF and internal organs that are designated by resolution by this.

This resolution is given without prejudice to the powers conferred upon them, or that can confer, through empowerment by the Board of Directors of the entity."

This resolution amends and consequently replaces paragraph sixth of the resolution of the President of ADIF, date of May 31, 2013, published in the Official Gazette number 151, marginal 6891, date of June 25, 2013, in regard to the resolution of procedures concerning the authorizations provided for in article 15(1) of the law of the railway Sector.

The present resolution be published in the "official bulletin of the State".

«Madrid, 27 February 2015.-the President of the administrator of railway infrastructures, Gonzalo Jorge Ferre Molto.»