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Resolution Of June 1, 2012, Of The Ministry Of Infrastructure, Transport And Housing, Which Published The Agreement Of The Council Of Administration Of The Infrastructure Manager Railway, On Delegation Of Compete...

Original Language Title: Resolución de 1 de junio de 2012, 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 compete...

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TEXT

The Board of Directors of the business public entity Administrator of Railway Infrastructures (ADIF), at its meeting of 27 April 2012, adopted in use of the powers to the effect conferred on it article 17.1 of the Status of the Entity, the Agreement on Delegation of Competences as annexed to this Resolution.

In accordance with the provisions of Article 13.3 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, the publication of that Agreement in the "Official State Gazette".

Madrid, June 1, 2012. -Secretary of State for Infrastructure, Transport and Housing, Rafael Catala Polo.

ANNEX

Approve, in use of the powers conferred upon it by Article 17.1 of the Statute of the Entity, the Agreement of the Board of Directors of the Enterprise Public Entity Infrastructure Manager, ADIF, for which certain powers are delegated to the President of ADIF and internal bodies of the Entity, the text of which is then transcribed:

" Agreement of the Board of Directors of the business public entity Administrator of Railway Infrastructures (ADIF), for which certain powers are delegated to the President of ADIF and internal organs of the entity

Article 16 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 conferred on the Board of Directors of the Entity, in accordance with the provisions of the legislation in force; provision also, in Article 17, for the possibility of delegation of certain powers to the President, in the delegated committees which are constitute, and in the other internal organs of the Entity to be determined.

On the basis of the aforementioned normative provisions, have been adopted by the Board of Directors of the Entity, since the entry into force of the Law of the Railway Sector and of the aforementioned statutory norm, successive Agreements of delegation of powers in the President and in certain internal bodies of ADIF, in coherence with the organizational structures in force at every moment in the Entity.

The Board of Directors of ADIF in its session of 30 March 2012, has approved the new structure of the Entity and the general criteria on the organization, making it necessary, in logical coherence, to adapt the existing ones agreements adopted by the Board of Directors of the Entity in matters of delegation of powers in the President and in internal organs of ADIF, in order to harmonize them to the new structure of the Entity, and to the organizational development that is derived.

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".

On the basis of the above, and pursuant to the aforementioned Article 17.1 of the ADIF Statute, the Board of Directors of the Railway Infrastructure Manager adopts the following agreement:

Delegate, in the President of ADIF and in the internal organs of the Entity that are related, in the field of their respective functions and with the extent and scope that is expressed, the following competencies:

1. On Recruitment:

The President of the Railway Infrastructure Manager is delegated the exercise of all the powers that correspond to the contracting authority in the contracts of the tender budget of more than 6,000,000 euro, with the exception of the following powers, in those contracts whose tender budget exceeds EUR 6,000,000:

The powers that involve the approval of the file, the expenditure, the opening of the award procedure and the award itself of those contracts.

The powers relating to the withdrawal of the award procedure, the waiver and the declaration of the desert of the procedures for the award of the said contracts.

The powers relating to the authorisation of the amendment of the abovementioned contracts, where such amendments involve, in isolation or jointly, an alteration of more than 10% of the award price of the contract, or the modification is a cause of contractual resolution.

When the amount of the additional resulting exceeds by more than 2% of the allocation budget in respect of the additional percentage initially considered, it shall be the responsibility of the Council of Administration to perform a new drafting authorization.

The powers relating to the approval of the file, the expenditure and the award of the supplementary contracts, where the supplementary contracts, in isolation or jointly, have a budget which represents more of 10% of the main contract, or in the case of a supplementary whose budget is equal to or greater than EUR 6,000,000, irrespective of the percentage representing the principal.

The powers relating to the final certifications and liquidations of those contracts, where such final certifications or liquidations involve an additional expenditure of more than 10% of the award price of the contract.

The powers relating to withdrawal and the suspension of the execution of such contracts when they are a cause of resolution.

The powers relating to the resolution of the aforementioned contracts.

All the amounts referred to in this delegation of powers, in the field of procurement, are indicated by including the Value Added Tax (VAT) and, unless expressly stated otherwise, shall be construed as referred to the tender budget.

2. For the exercise of certain powers conferred on the Board of Directors of ADIF by Article 16 of the Statute of the entity.

The following competencies are delegated to the President of the Railway Infrastructure Manager:

1. To issue the reports that, as provided for in the Law of the Railway Sector, in its standards of development and in the Statute of the Entity, must be evacuated by the Administrator of Railway Infrastructures, with a mandatory character or potestative, at the request of the organs of any Public Administrations.

2. Approve the agreements, covenants, agreements and contracts that it considers appropriate or necessary for the realization of the purposes of the Entity, provided that its value does not exceed 6,000,000 euros, including the Value Added Tax (VAT), always the object does not include the acquisition and disposal of buildings, but the power to set up real property rights is nevertheless delegated.

3. Exercise the functions attributed to the Railway Infrastructure Manager, in terms of access to the General Interest Railway Network, in the Rail Sector Law and in its development regulations, except for those corresponding to the approval of the statement on the network.

4. To issue reports prior to the granting, by the Ministry of Public Works, of the licenses of railway undertakings and of the authorizations to provide services that have been declared in the public interest, in the cases provided for in the Law of the Railway Sector.

5. Approve the conventions that the business public entity holds with the bodies that in other Member States of the European Union administer the railway infrastructure to establish and allocate infrastructure capacity that covers more of a national network.

6. Approve the instructions and circulars necessary to determine, precisely, the operating conditions of the railway infrastructure.

7. Approve the guidelines governing the procedure for conducting the internal investigation of the railway accidents that correspond to it.

8. Approve an annual report covering all incidents and accidents resulting from the provision of the rail transport service.

9. Approve a contingency plan that includes the necessary measures to restore the situation of normality in the event of an accident, technical failure or any other incident that disturbs the railway traffic.

3. In the matter of Heritage Liability:

To solve procedures in the area of patrimonial liability:

Be delegated to the President of the Railway Infrastructure Manager, the following competition:

For claims of a value of more than 1,000,000 euros, and equal to or less than 6,000,000 euros, the competition that, pursuant to the provisions of article 65 of Law 14/2000, of December 29, of Tax Measures Administrative and Social Order, the Board of Directors of ADIF has been assigned to resolve the procedures of patrimonial liability which are initiated and instructed under Articles 139 et seq. of Law 30/1992, 26 of November, the Legal Regime of Public Administrations and the Common Administrative Procedure.

Be delegated to the Corporate General Manager and Secretariat of the Council of the Railway Infrastructure Manager, the following competition:

For claims of amounts equal to or less than 1,000,000 euros, the jurisdiction that, pursuant to the provisions of Article 65 of Law 14/2000, of December 29, of Administrative Tax Measures and of the Social Order, has attributed to the Board of Directors of ADIF in order to resolve the procedures of patrimonial liability which are initiated and instructed under Articles 139 et seq. of Law 30/1992, of 26 November, of the Legal Regime of the Public administrations and the Common Administrative Procedure.

To require subhealing, starting and designating an instructor in the procedures in the area of Heritage Responsibility:

The following competencies are delegated to the Corporate General Manager and Secretariat of the Council of the Railway Infrastructure Manager:

No limit of value, competence to require of subhealing, start and appoint instructor in the procedures of patrimonial responsibility that are initiated and instructed under the Articles 139 and following of the Law 30/1992, of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure and of Royal Decree 429/1993 of 26 March, approving the Rules of Procedure of the Administrations Public in matters of patrimonial liability.

4. To agree to the acquisition of property and rights in expropriation files, the fixing of the corresponding Justiprices and to approve temporary occupation agreements:

Be delegated:

Up to the amount of 1,000,000 euros, in the Chairman of the Board of Directors, on a proposal from the Director General of Services to Customers and Heritage.

Up to the amount of 600,000 euros, in the Director General of Services to Customers and Heritage, at the proposal of the Director of Heritage and Urbanism.

Up to the amount of 100,000 euros, in the Director of Heritage and Urbanism, at the proposal of the maximum responsible for the area of expropriations.

Up to the amount of 12,000 euros, in the maximum responsible for the area of expropriations.

5. To agree on the assignment of power lines and actual rights inherent in them, as well as the creation of any real rights on the properties in which they are located and which are inherent in the aforementioned lines power:

Be delegated:

In the Network's Director General for Exploitation and Development, and in the Director General of Customer Services and Heritage, in their respective areas of competence and territorial areas.

6. To approve the constitution of all kinds of real rights of servitude, both on non-owned and immovable property owned by ADIF:

Be delegated:

Up to the amount of 1,000,000 euros, in compensation, in the Director of Heritage and Urbanism.

7. To approve instructions and circulars necessary to determine, precisely, the operating conditions of the railway infrastructure, in terms of traffic safety:

Be delegated:

In the Director of Security in the ADIF Circulation.

8. For the allocation of infrastructure capacity to railway undertakings that request it:

Be delegated:

In the ADIF Network Management and Planning Director, and in the dependent internal organs, which are designated by it.

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

This Agreement leaves no effect and consequently replaces the following ADIF Board of Directors ' Agreements, without prejudice to maintaining the validity and effectiveness of the agreements for those matters, business and formalities. which are in progress at the date of this Agreement:

ADIF Board of Directors Agreement dated 29 April 2011, published in the "BOE" number 122, marginal 8962, dated 23 May 2011, which delegated certain powers to the President of ADIF and in internal organs of the Entity.

ADIF Board of Directors Agreement dated 7 February 2012, published in the "BOE" number 47, marginal 2701, dated 24 February 2012, whereby certain powers are delegated to resolve procedures in matters of patrimonial liability.

Publish this Agreement in the "Official State Gazette". "