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Resolution Of 1 Of June Of 2012, Of The Secretariat Of State Of Infrastructure, Transport And Housing, By Which Is Published The Agreement Of The Council Of Administration Of The Administrator Of Infrastructure Railway, By Which Is Approves The Res...

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, por el que se aprueba la Res...

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TEXT

The Board of Directors of the Business Public Infrastructure Manager (ADIF), at its meeting of 27 April 2012, agreed, in accordance with the provisions of the additional provision Thirteenth of the 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 Administrator of Railway Infrastructures, of 27 April 2012, on delegation of powers, which is annexed 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 that Agreement in the "Official Gazette of the State" proceeds.

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

ANNEX

Approve, in accordance with the provisions of the additional provision of Law 6/1997 of April 14, of the Organization and the Functioning of the General Administration of the State, the Resolution of the President of the Entity Public Enterprise Infrastructure Manager, ADIF, for which certain competencies are delegated to internal organs of the Entity, the text of which is then transcribed:

Resolution of the President of the business public entity Administrator of Railway Infrastructures by which certain competencies are delegated 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 line with the organisational structures in place at any time 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 resolutions granted by the President of the Entity concerning the delegation of powers to the internal organs of ADIF, in order to harmonize them with the new structure of the Entity, and the organizational development resulting from this.

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:

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

1. To hold the representation of the Entity in judgment and outside of it, in any act and contract and in front of any natural or legal person, whether public or private, to execute the Agreements of the Board of Directors, and to act as a contracting authority, in the field and matters of their respective areas:

Be delegated:

-Up to 1,000,000 euros: in Directors General and Directors directly dependent on the President.

Also delegated to the aforementioned bodies of the Entity, in terms of their performance as contracting authorities and for all those contracts whose tender budget does not exceed six million euros, the Competencies listed below:

The powers relating to the modification of the abovementioned contracts. Where such amendments involve, in isolation or in combination, an alteration of more than 10% of the contract award price to be amended, their prior authorisation by the President of the Entity shall be required.

The powers relating to the supplementary contracts of the said contracts. Where the amount of supplementary, isolated or jointly contracts represents more than 10% of the award price of the main contract, their prior authorisation shall be required by the President of the Entity.

The powers relating to the final certifications and liquidations of the aforementioned contracts. Where such final certifications or liquidations involve an additional expense of more than 10% of the original contract price, their prior authorisation shall be required by the President of the Entity.

The powers relating to annuity realignments, extensions of the execution period, extensions of contracts, price revisions, cancellation of final guarantees and remains of incidents.

The signature of the corresponding contractual formalisation documents relating to the tender budget files of up to EUR 6,000,000, as well as the signature of the other contractual documents arising from the exercise of delegated powers.

The other powers corresponding to the contracting authority, except for the invitation to tender, the award, the withdrawal of the award procedure, the waiver of the conclusion of the contract, the declaration of the desert of the the award procedure, and the decision and termination of the dossiers for which the tendering budget is more than EUR 1,000,000.

-Up to € 600,000:

In the Directorates-General: In the Directors, and in the internal organs directly dependent on the Directors-General or Directors.

In the Directorates directly dependent on the President: In the internal organs directly dependent on the Directors.

-Up to the amount of EUR 240,000: In the holders of the other internal bodies of the Entity which, under or under the responsibility of the ADIF Presidency or the respective Directorates-General, and other holders of ADIF Directorates, in their respective areas or territorial areas, are designated by resolution by either of them or by the Presidency for the exercise of the powers delegated to them in accordance with the internal rules of levels in effect at any time.

All the amounts referred to in this delegation of powers are final, including Value Added Tax (VAT) and, unless expressly stated otherwise, shall be construed as referring to the tender budget when acting as a contracting authority.

The Corporate General Manager and the Secretariat of the ADIF Council are hereby empowered to make any provisions of the internal rules applicable to the development and correct application of this delegation, as regards the performance as a contracting authority by the delegated bodies, in order to ensure that they are fully effective.

2. Act as a contracting authority in the property records relating to the lease and transfer of the property of the property of ADIF, within the scope of management that corresponds to them in the reason for the exercise of their powers:

Be delegated:

-For the assets and contracts of assets and real estate, with a tender budget of up to € 3,000,000.00 in the Director General of Services to Customers and Heritage and, in the Director General of Exploitation and Development of the Network for the case of transferable assets.

In addition to the above mentioned internal bodies of the entity, in terms of its performance as contracting authorities, provided that its tender budget does not exceed 6,000,000,00 € the competences that are listed below:

▪ The powers relating to the modification of the abovementioned contracts. However, where such amendments involve, jointly or in isolation, a reduction of more than 10% of the contract award price or income, their prior authorisation shall be required by the President of the Entity.

▪ All other powers for the contracting authority except for the invitation to tender and the award of the dossiers for which the tendering budget is more than € 3,000,000.

-For heritage files and contracts with a tender budget up to € 1,000,000.00:

In the Directorate General of Services to Customers and Heritage, and with respect to the assets and property assets whose management corresponds to him: in the Director of Heritage and Urbanism, in the Director of Telecommunications, Energy and Energy Efficiency, in the Director of Travel Stations, and in the Director of Logistics Services.

In the Directorate-General for Exploitation and Development of the Network, and with respect to the assets of the assets whose management corresponds to them: in the Director of Operations and Engineering of the Conventional Network, and in the Director of High-Speed Network Operations and Engineering.

-For the assets and contracts with a tender budget of up to € 600,000.00, and with respect to the assets and/or property assets of which they are managed:

In the holders of the other internal organs of the Entity that, attached or under the dependence of the Presidency of ADIF or of the respective holders of the Directorate General of Services to Customers and Patrimony, Directorate-General for Exploitation and Development of the Network, and the Directorate of Heritage and Urbanism, in their respective areas or territorial areas, shall be designated by resolution by these or the Presidency for the exercise of the competencies that are delegated according to the internal regulations of current levels at any time.

-For the assets and contracts for which the transfer of free use of immovable property of ADIF is agreed:

In the Director General of Customer and Heritage Services, and the Director of Urban Heritage.

The other contracting authorities to which powers relating to the lease and transfer of immovable property ownership of ADIF are attributed in this delegation shall not be able to cede the use of such contracts. free of charge.

The powers delegated to it shall be exercised by the delegated bodies in respect of the property assets whose management is internally attributed by the Entity.

All amounts referred to in this delegation of powers are understood to exclude Value Added Tax (VAT).

The tender budget refers to the amount used as the basis for the conduct of the tender, in the case of lease and/or transfer of use represents the annual income multiplied by the number of years to contract.

The acts relating to the processing and subscription of these contracts, after the completion of the procedure for the award of these contracts, shall be carried out by the holders of the corresponding powers granted to the effect by the Entity.

The Director General of Customer Services and ADIF Heritage is enabled, so that, on a proposal from the Director of Heritage and Urbanism, he can dictate how many provisions of internal regime proceed for the development and correct implementation of this delegation, as regards action as a contracting authority by the delegated bodies, in order to ensure that they are fully effective.

3. Order Entity Expense and Payments:

Be delegated:

-Up to the amount of EUR 6,000,000: in the Economic and Financial Director, on the proposal of a Director General or other Director directly dependent on the President.

-Up to the amount of 1,000,000 euros: in the Directors-General and Directors directly dependent on the President, on the proposal of the internal organs immediately dependent on those, in their respective areas or territorial areas.

In the case of energy or fuel costs, the competition to order the expenses and payments up to the amount of 1,000,000 euros, is delegated to the Director of Telecommunications, Energy and Energy Efficiency, and for above 1,000,000 euros, in the Director General of Customer Services and Heritage on the proposal of the Director of Telecommunications, Energy and Energy Efficiency.

-Up to EUR 700,000:

In the Directorates-General: In the Directors, at the proposal of the maximum responsible for monitoring the performance of the contract, the person responsible for the processing of the expenditure file, or the internal organs immediately dependent on the delegated bodies.

In the Directorates directly dependent on the President: In the internal bodies directly dependent on the Directors, at the proposal of the maximum responsible for the follow-up of the performance of the contract, the person responsible for the processing of the expenditure file, or of the internal bodies immediately dependent on the delegated bodies.

-Up to the amount of EUR 300,000: In the holders of the other internal bodies of the Entity which, under the responsibility of the ADIF Presidency or the respective Directorates-General, and under the responsibility of the ADIF, and other holders of the ADIF Directorates are determined, in their respective territorial areas or areas, by means of rules of internal arrangements developed for that purpose, on a proposal from the person responsible for monitoring the performance of the contract or of the person responsible for handling the expenditure file.

-In the case of payroll and social security settlements, the jurisdiction to order expenses and payments, in excess of 6,000,000 euros, is delegated to the Corporate Director General and Secretariat of the Council, to Organization and Planning Director's proposal, directly dependent on the Organization and Planning Director.

-In the case of tax settlements and other payment obligations that have the consideration of income from Public Law, the competition to order the expenses and payments in excess of 6,000,000 euros, is delegated in the Economic and Financial Director, on a proposal from the competent internal body, directly dependent on the latter. For amounts less than that, the responsibility shall be for the internal body responsible for treasury and accounting, directly dependent on the Economic and Financial Director, on a proposal from the Directorate-General for Management Economic-Financial.

-For amounts exceeding EUR 6,000,000, and with the exception of the delegation established in this resolution for payroll, social security and tax payments, as well as the one set for energy expenditure and fuels, expenditure and payment management is reserved for the President of the Entity, on a proposal from the Directors-General and Directors directly dependent on the President.

All the amounts referred to in this delegation of expenditure and expenditure management powers are final, i.e. including all concepts of any nature, including the tax on the Value Added (VAT), and net of any amount or amount satisfied at another time or act.

Except for the scope of this delegation of expenditure and expenditure management powers, the payments made in the exercise of the powers of takeover in matters of indebtedness and management financial-equity, with the application, to that effect, of the powers granted by the Board of Directors of ADIF on that matter.

The Economic and Financial Director of ADIF is hereby empowered to issue any provisions of internal rules for the development and proper implementation of this delegation of expenditure management powers and payments, as a guarantee of their full effectiveness.

4. To carry out the own acts of the management, liquidation, collection and collection of fees and charges that the legislation ascribes to the Railway Infrastructure Manager.

Be delegated:

-No amount limit, in the Economic-Financial Director.

-Up to the amount of EUR 15,000,000, in the internal body responsible for treasury and accounting, directly dependent on the Economic and Financial Director.

-Up to the amount of 9,000,000 euros, in the internal organ responsible for the administration of the Economic and Financial Directorate.

The Economic and Financial Director of ADIF is enabled to dictate how many internal arrangements will be made for the development and proper implementation of the present delegation to carry out the acts of the ADIF. management, settlement, collection and collection of fees and charges that the legislation confers on the Railway Infrastructure Manager, in order to ensure its full effectiveness.

5. 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.

Be delegated:

-In the High Speed Lines under Construction, according to the works in execution that correspond to them respectively: In the Director of Projects and Works of High Speed or in the Director General of Exploitation and Development of the Network, and in its dependent internal organs, which are designated by those, in their respective territorial areas.

-On the lines at Exploitation, in its public domain zone, in the Director of Operations and Engineering of the Conventional Network, and in the Director of Operations and Engineering of High-Speed Network; and, in its protection zone, in the internal bodies that are dependent on the Director of Conventional Network Operations and Engineering, and on the Director of High-Speed Network Operations and Engineering, who are designated by them, in their respective territorial areas.

6. To agree on the initiation, instruction and resolution of files processed in accordance with the Internal Administrative Dint Procedure Instruction on both ADIF and related demanial assets the ownership of the State whose management is entrusted to it, in accordance with the provisions of Law 33/2003 of 3 November 2003 on the Heritage of Public Administrations and Law No 30/1992 of 26 November 1992 on the legal status of public administrations Public administrations and the Common Administrative Procedure.

Be delegated:

-In the ADIF Director of Heritage and Urbanism.

7. To approve the granting of the concessions and authorizations referred to in Article 91 of Law 33/2003, of a Heritage of Public Administrations, for the occupation and use of public domain goods rail.

-Up to the amount of 1,000,000 euros, as a fee, in the Director General of Services to Customers and Heritage, and in the Director of Heritage and Urbanism.

8. To agree to the exercise of the actions and resources that correspond to the entity in defense of its interests, to the Public Administrations and the Courts of Justice of any order, degree or jurisdiction.

Be delegated:

-At the Corporate General Manager and Council Secretariat.

9. To issue decisions on granting, issuing, revoking and suspending the securities enabling the exercise of the functions of the railway personnel related to the safety of the movement in the scope of the General Interest Rail Network, and to be issued by ADIF.

-In the Network Development and Development Director General.

This Resolution is granted without prejudice to the powers conferred or may be conferred by the Board of Directors of the Entity.

This Resolution leaves no effect and consequently replaces the Resolution of the Presidency of ADIF, dated 29 April 2011, published in the BOE number 122, marginal 8961, dated 23 May 2011, for which it is delegate certain powers to internal bodies of the institution, without prejudice to the validity and effectiveness of the delegations and, where appropriate, the designations which, on the basis of that Resolution, have been carried out in other internal bodies by their respective competent bodies, for those matters, business and formalities which are in (a) the date of this Resolution, which may in any event be revoked by the competent body.

Publish this Resolution in the "Official State Gazette".

In Madrid, on April 27, 2012. -President of the Railway Infrastructure Manager, Enrique Verdeguer Puig. "