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...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2012-7892

He Council of administration of the entity public business administrator of infrastructure railway (ADIF), in its session of 27 of April of 2012, adopted in use of them powers to the effect you gives the article 17.1 of the Statute of it entity, the agreement on delegation of skills that figure as annex to the present resolution.

In accordance 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, 1 of June of 2012.-the Secretary of State of infrastructure, transport and housing, Rafael Catalá Polo.

Annex approve use of the powers conferred to the effect the article 17.1 of the Agency's Statute, the agreement of the Council of administration of the entity public business manager infrastructure, ADIF, which delegated certain powers in the President of ADIF and insides of the entity, whose text is transcribed below: "agreement of the Board of Directors of the public enterprise administrator of railway infrastructures (ADIF) by which delegated certain powers in the President of ADIF and internal organs of the Organization the article 16 of the Statute of the entity public business manager de Infraestructuras Ferroviarias (ADIF), approved by Royal Decree 2395 / 2004, of 30 December, establishes the competences attributed to the Council of administration of the entity, in accordance with the legislation in force; anticipating the possibility of delegation of certain powers in the President, delegated commissions which will constitute, and other internal organs of the entity that determines, in article 17.

Based on the normative provisions, have been adopted by the Council of administration of the entity, since the entry into force of the law of the railway Sector and the mentioned statutory rule, successive agreements of delegation of powers in the President and certain internal organs of ADIF, in coherence with the existing organisational structures at each time in the State.

The Board of Directors of ADIF at its meeting of March 30, 2012, has approved the new structure of the entity and the general criteria on the Organization, becoming necessary, logical coherence, in adapting the existing agreements adopted by the Council of administration of the entity in terms of delegation of powers in the President and in internal organs of ADIF to harmonize them to the new structure of the entity, and organisational development which it is derived.

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 revocation must publish is in the "newsletter official of the State".

Based on the foregoing, and pursuant to the provisions of the aforementioned article 17.1 of the ADIF Statute, the Council of administration of railway infrastructure administrator adopts the following agreement: delegate, the President of ADIF and in the internal organs of the body that relate, in the scope of their respective functions and with extension and scope which is expressed , them following powers: 1st in matter of recruitment: is delegates in the President of the administrator of infrastructure railway the exercise of all them skills that correspond to the organ of contracting in them contracts of budget of tender top to 6,000,000 of euros, except for them skills that is relate then, in those contracts whose budget of tender exceed of 6,000,000 of euros : The powers involving the adoption record, spending, the opening of the award procedure and the same award of those contracts.

The powers relating to the withdrawal of the award procedure, resignation and statement of procedures for the award of the above-mentioned contracts desert.

The powers relating to the authorization to the drafting of the amendment of contracts above, when such modifications involve, isolated or in combination, a change greater than 10% of the price of award of the contract, or modification is cause of contractual resolution.

When after the authorization to the drafting the amount of the resulting additional exceeds by more than 2% of the budget for the award with respect to the additional percentage initially considered, the governing body shall make a new authorization in writing.

The powers relating to the approval of the record, spending and awarding of the complementary of the above-mentioned contracts, when the complementary contracts, isolated or in combination, have a budget that represents more than 10% of the main contract, or in the case of complementary whose budget is equal to or greater than 6,000,000 euros, regardless of the percentage that represents with respect to the main.

The powers relating to final certifications and liquidations of the above-mentioned contracts, when such final certifications or payments involve additional spending more than 10% of the price of award of the contract.

The powers concerning the withdrawal and suspension of the execution of these contracts when they are causes of resolution.

The powers relating to the resolution of the above-mentioned contracts.

All amounts referred to in the present delegation of powers, procurement shown including tax on added value (VAT) and, unless expressly stated otherwise, be construed as referring to the tender budget.

2nd for the exercise of certain powers attributed to the Board of Directors of ADIF by article 16 of the Statute of the entity.

Delegate to the President administrator of railway infrastructure, the following powers: 1. issue reports that, in accordance with the provisions of the law of the railway Sector, in its implementing rules and the Agency's Statute, are to be evacuated by the administrator of railway infrastructures, as a mandatory or optional, at the request of any government bodies.

2. to approve the agreements, pacts, agreements and contracts deemed suitable or necessary for the accomplishment of the purposes of the entity, provided that the amount does not exceed 6,000,000 euros, including tax on added value (VAT), provided that its object does not understand the acquisition and disposition of real estate, delegating, however, the Faculty of Constitution of rights in rem over real estate.

3. exercise them functions that is attributed to the administrator of infrastructure railway, with regard to the access to it network railway of interest General, in the law of the Sector railway and in its normative of development, except them corresponding to it approval of the statement on it network.

4. issue reports with character prior to the granting, by the Ministry of promotion, of them licensing of company railway and of them authorizations to provide services that is have declared of interest public, in them cases provided in the law of the Sector railway.

5 approve conventions that the public enterprise celebrate with agencies that manage rail infrastructure to establish and allocating infrastructure capacity covering more than one national network in other Member States of the European Union.

6 approve the instructions and circulars necessary to determine, precisely, the conditions of operation of the railway infrastructure.

7. approve the guidelines that regulate the procedure to perform the research internal of them accidents railway that you correspond.

8 to approve an annual report that covers all incidents and accidents caused as a result of the provision of railway transport services.

9 approve a contingency plan containing the measures necessary to restore the situation to normal in case of accident, technical failure or any other incident that disrupts rail traffic.

3rd in terms of liability: solving procedures in the field of liability: is delegated to the administrator of railway infrastructures, the next competition's President: for claims of value exceeding 1,000,000 euros, and equal to or less than 6,000,000 euros, the competition which, pursuant to article 65 of the law 14/2000 29 December, administrative fiscal measures and Social order, has attributed the Board of Directors of ADIF to resolve the accountability procedures heritage begin and disposal under the protection of the articles 139 et seq. of law 30/1992, of November 26, legal regime of public administrations and common administrative procedure.

It is delegated to the corporate General Director and Secretary of the board administrator of railway infrastructures, the next competition:


For claims of value equal to or less than 1,000,000 euros, the competition which, pursuant to article 65 of the law 14/2000, of 29 December, administrative fiscal measures and Social order, it has attributed the Board of Directors of ADIF to resolve the accountability procedures heritage begin and disposal under the protection of the articles 139 et seq. of law 30/1992 26 November, legal regime of public administrations and common administrative procedure.

To require remedying, initiate and designate instructor in proceedings in respect of liability: delegate to the corporate General Director and Secretary of the Council administrator of railway infrastructure, the following powers: unlimited amount, the competition to require remedying, initiate and appointed instructor at the accountability procedures heritage begin and disposal under the protection of the articles 139 et seq. of law 30/1992 of 26 November, legal regime of public administrations and common administrative procedure and of Royal Decree 429/1993, of 26 March, which approves the regulation of the procedures of the public administrations in the field of liability.

4th to arrange the acquisition of goods and rights on expropriation, the locking of the corresponding pricing records and to approve temporary occupancy agreements: is delegated: up to the amount of 1,000,000 euros, the Chairman of the Board, on a proposal from the Director General of services to customers and heritage.

Up to the amount of 600,000 euros on the Director General of services to customers and heritage, on the proposal of the Director of heritage and urban planning.

Up to the amount of 100,000 euros, in heritage and urbanism Director, on the proposal of the maximum responsible of the area of expropriations.

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

5th for according the assignment of lines electric and rights real inherent to them same, as well as the Constitution of any rights real on them estate in that is are and that were inherent to them referred lines electric: is delegates: in the Director General of exploitation and development of the network, and in the Director General of services to customers and heritage in their respective areas of competence and territorial areas.

6th to approve the Constitution of all class of rights real of bonded, both on goods estate outside as on estate property of ADIF: is delegates: until the amount of 1,000,000 of euros, in concept of compensation, in the Director of heritage and urbanism.

7th for approve instructions and circular necessary to determine, with precision, them conditions of operation of the infrastructure railway, in matter of safety in the circulation: is delegates: in the Director of security in the circulation of ADIF.

8th for the award of capacity of infrastructure to the companies railway that it request: is delegates: in the Director of planning and management of network of ADIF, and in them bodies internal dependent, that by this is designated.

This agreement is given without prejudice to the powers conferred upon them, or that can confer, through empowerment by the Council of administration of the entity.

The agreement leaves without effect and thus replaces the following agreements of the Board of Directors of ADIF, without prejudice to maintain the validity and effectiveness of the same for those matters, business and proceedings that are ongoing at the date of this agreement: agreement of the Board of Directors of ADIF date April 29, 2011 published in the "Official Gazette" number 122, marginal 8962, date of May 23, 2011, which delegated certain powers in the President of ADIF and internal organs of the body.

Agreement of the Board of Directors ADIF dated 7 February 2012, published in the "Official Gazette" number 47, marginal 2701, dated February 24, 2012, why are delegated certain powers to resolve procedures in the field of liability.

Published this agreement in the "official bulletin of the State'."