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...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2012-7893

He Council of administration of the entity public business administrator of infrastructure railway (ADIF), in its session of 27 of April of 2012, agreed, of conformity with it willing in it available additional thirteenth of it law 6 / 1997, of 14 of April, of organization and operation of it Administration General of the State, the approval of the resolution of the President of the administrator of infrastructure railway , of 27 of April of 2012, on delegation of powers, that contained as 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, 1 June 2012.-the Secretary of State of infrastructure, transport and housing, Rafael Catalá Polo.

ANNEX to adopt, in accordance with the provisions of the thirteenth additional provision of Act 6/1997, of 14 April, of organization and functioning of the General Administration of the State, the resolution of the President of the entity public business manager infrastructure, ADIF, which delegated certain powers in internal organs of the Organization, the text of which is transcribed below : Resolution of the President of the entity public business administrator of infrastructure railway by to which is delegated certain powers in bodies internal 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.

Based on it cited available normative, is have come adopting by the President of ADIF, from it entry in force of the law of the Sector railway and of it mentioned standard statutory, successive resolutions of delegation of powers in certain organs internal of ADIF, in coherence with them structures organizational force in each time in the entity.

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, adapt existing resolutions issued by the President of the institution in terms of delegation of powers in internal organs of ADIF, to harmonize them to the new structure of the entity , and organisational development which it is derived.

Moreover, the article 13.1 of the law 30 / 1992, of 26 of November, of regime legal of the administrations public and of the procedure administrative common, has that them organs of them different administrations public may delegate the exercise of them skills that have attributed in others organs of the same administration, pointing is also in the paragraph third of said article that , the delegations of powers and its revocation must publish is in the «newsletter official of the State».

Also, and of conformity with it willing in the available additional thirteenth of the law 6 / 1997, of 14 of April, of organization and operation of the Administration General of the State, them delegations of competencies between organs must be previously approved, in them organisms public, by the organ maximum of address, in accordance with it established in their standards 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: delegate, in the internal organs of the body that relate, in the context of their respective roles and with extension and scope which is expressed» , them following skills: 1st hold it representation of the entity in trial and out of it, in any act and contract and facing all person physical or legal, already is public or private, run them agreements of the Council of administration, and act as organ of recruitment, in the field and materials own of their respective areas: is delegates:-until the amount of 1,000,000 of euros : Directors-General and Directors directly dependent on the President.

Also is delegate in them previously cited organs of it entity, with regard to its performance as organs of recruitment and for all those contracts whose budget of tender not exceed them six million of euros, them skills that is relate then: them powers relating to the modification of them contracts cited. When such modifications involve, isolated or jointly, an alteration upper to the 10% of the price of award of the contract that is modified will be mandatory your authorization prior by the President of the entity.

The powers relating to those contracts complementary of them cited contracts. When the amount of the contracts complementary, isolated or jointly represent more than one 10% of the price of award of the contract main will be mandatory your authorization prior by the President of the entity.

The powers relating to the certifications end and liquidations of them mentioned contracts. When such certifications late or liquidations imply an expenditure additional superior to the 10% of the price primitive of the contract will be mandatory your authorization prior by the President of the entity.

The powers relating to adjustments of annuities, extensions of the deadline for implementation, extensions of contracts, reviews of prices, cancellation of final assurances and remains of incidents.

The signature of the corresponding contractual formalization documents relating to records of budget's bid of up to 6,000,000 euros, as well as the signing of other contractual documents arising from the exercise of the delegated powers.

The rest of the faculties corresponding to the contracting authority, unless the tender, the award, the withdrawal of the award procedure, the renunciation of the conclusion of the contract, the statement of desert of the tendering procedure, and the resolution and termination of records whose tender budget exceeding 1,000,000 euros.

-Up to the amount of 600,000 euros: in the Directorates-General: managers, and internal organs directly dependent of the Directors General or directors.

Directly dependent on the President addresses: directly dependent of the directors internal organs.

-Up to the amount of EUR 240,000: attached headlines in your remaining insides of body which, or under the authority Presidency ADIF or the respective owners of the Directorates-General, and holders of ADIF, in their respective areas or territorial areas addresses, are appointed by resolution by this or by the Presidency for the exercise of powers which are delegated according to internal-level legislation in each time.

All amounts referred to in the present delegation of powers, means end, including tax on added value (VAT), and unless expressly stated otherwise, are understood to be referring to the tender budget when it acts as contracting authority.

Enabled to the corporate General Director and Secretary of the Board of ADIF so you can dictate how many provisions of internal regulations appropriate for development and proper application of this delegation, in relation to acting as contracting authority by the organs of the Executive, to guarantee its full effectiveness.

2nd act as contracting authority in patrimonial files relating to contracts of lease and cession of use of assets owned by ADIF, within the scope of management that corresponds to them because of the exercise of its powers: is delegated:-for property records and contracts for movable and real estate, assets with budget of tendering up to €3.000.000,00 in the Director General of services to customers and heritage and , the General Director of exploitation and development of the network in the case of Active securities.

Also is delegate in them previously cited organs internal of it entity, with regard to its performance as organs of recruitment, whenever its budget of tender not exceed them 6.000.000,00 € them skills that is relate then: ▪ them faculties relating to the modification of them contracts cited. However, when such modifications involve, joint or isolation, a reduction superior to the 10% of the price or rent of award of the contract, will be mandatory your authorization prior by the President of the entity.

▪ The rest of them powers corresponding to the organ of procurement except the tender and award of them records whose budget of tender is superior to 3,000,000 €.


-For them records heritage and contracts with budget of tender of until 1.000.000,00 €: in the address General of services to customers and heritage, and with regard to them active heritage movable and real estate whose management you corresponds: in the Director of heritage and urbanism, in the Director of telecommunications, energy and efficiency energy, in the Director of stations of travelers, and in the Director of services logistics.

In the General direction of exploitation and development of the network, and with respect to movable assets whose management is up: in conventional network engineering and Operations Director, and the Director of operations and high speed network engineering.

-For property records and budget of up to €600.000,00 tender contracts, and with regard to the movable or real estate assets whose management is up: in the holders of the remaining internal organs of the body which, attached, or under the authority of the President of ADIF or the respective owners of the General Director of services to customers and heritage General direction of exploitation and development of the network, and the direction of heritage and urbanism, in their respective areas or territorial areas, they are designated by resolution by these or by the Presidency for the exercise of powers which are delegated according to the internal levels standards at all times.

-For them records heritage and contracts by which is agreed the assignment of use free of real estate of ADIF: in the Director General of services to customers and heritage, and in the Director of heritage urbanism.

The rest of contracting authorities that are attributed, in this delegation, competences related to contracts of lease and cession of use of immovable property owned by ADIF, may not assign the use of such goods free of charge.

The powers that are delegated shall be exercised by organs delegates regarding the assets whose management have internally assigned by the institution.

All the amounts to which is concerns the present delegation of competencies, is understand excluding the tax on the value added (VAT).

The tender budget refers to the amount that serves as a basis for the realization of the corresponding tender, in the case of leases or cession of use represents the annual income multiplied by the number of years to hire.

Acts relating to the processing and underwriting of these contracts, once the procedure for the award of the same, will be carried out by the holders of the corresponding powers granted to the effect by the entity.

Is enables to the Director General of services to customers and heritage of ADIF so, to proposed of the Director of heritage and urbanism, can dictate few provisions of regime internal come for the development and correct application of the present delegation, in it relating to it performance as organ of recruitment from them organs delegates, in warranty of its full efficiency.

3rd order them expenses and payments of the entity: is delegates:-until the amount of 6,000,000 of euros: in the Director financial, to proposal of a Director General or of another Director directly dependent of the President.

-To the amount of 1.000.000 of euros: in them Directors General and Directors directly dependent of the President, to proposed of them bodies internal immediately dependent of those, in their respective areas or areas territorial.

In the case of expenditure of energy or fuels, competition order costs and payments up to the amount of EUR 1,000,000, is delegated the Director of telecommunications, energy and energy efficiency, and for amounts exceeding 1,000,000 euros, the General Director of services to customers and world heritage on the proposal of the Director of telecommunications, energy and energy efficiency.

-Up to the amount of EUR 700,000: in the Directorates-General: in the directors, acting on a proposal of the head of the monitoring of execution of the contract, the person responsible for processing the case of spending, or internal organs immediately dependent on the executive bodies.

Directly dependent on the President addresses: in the internal bodies directly under directors, on the proposal of the head of the monitoring of execution of the contract, the person responsible for processing the case of spending, or internal organs immediately dependent on the executive organs.

-Up to the amount of 300,000 euros: in the holders of the remaining internal organs of the entity, attached or low dependence on the President of ADIF or of the respective holders of the Directorates-General, and other holders of ADIF addresses, should be determined, in their respective areas or territorial areas, through internal regime regulations developed to the effect , to proposal of the responsible of the follow-up of the execution of the contract or of the responsible of the processing of the record of expenditure.

-In the case of payroll and Social Security liquidations, the jurisdiction to order costs and payments, amounting to more than 6,000,000 euros, is delegated to Corporate Director-General and secretariat of the Council, on a proposal from the Director of organization and planning, dependent directly from that.

-In the case of tax payments and other obligations that have consideration of income of public law, the jurisdiction to order costs and payments amounting to more than 6,000,000 euros, dependent of him is delegated to the economic-financial Director, on the proposal of the competent internal organ, directly. For amounts less than this figure, competition will be responsible for internal Treasury and accounts, directly dependent on the economic-financial Director, responsible for Administration of the financial management proposal.

-For amount upper to 6,000,000 of euros, and with exception of the delegation established in the present resolution for them payments of payroll, security Social and tributes, as well as it established for them expenses of energy and fuels, the management of the expenditure and of the payment is reserved to the President of the entity, to proposed of them Directors General and Directors directly dependent of the President.

All them amounts to which is concerns the present delegation of powers of management of expenses and payments, is understand late, i.e., including all them concepts of any nature, even the tax on the value added (VAT), and net of all quantity or amount satisfied in another time or act.

Excepted from the scope of this delegation of powers of management expenses and payments, payments made in the exercise of the powers of seizure in debt and financiero-patrimonial management, application, for that purpose, being the powers granted by the Board of Directors of ADIF on this matter.

It empowers the economic-financial Director of ADIF so you can dictate many provisions of internal regulations appropriate for the development and proper application of this delegation of powers of management expenses and payments, to guarantee its full effectiveness.

4th perform acts of management, settlement, collection and payment of taxes and royalties law attributed to the railway infrastructure manager.

It is delegated:-unlimited amount, in the economic-financial Director.

-Up to the amount of 15,000,000 euros in internal organ responsible for Treasury and accounts, directly dependent on the economic-financial Director.

-Up to the amount of 9,000,000 euros in internal organ responsible for Administration of the financial management.

Is enables to the Director financial of ADIF so can dictate few provisions of regime internal come for the development and correct application of the present delegation for make them acts own of it management, liquidation, fundraising and collection of rates and cannons that the legislation attributed to the administrator of infrastructure railway, in warranty of its full efficiency.

5th for the resolution of them procedures relating to them authorizations provided for in the article 15.1 of the law 39 / 2003, of 26 of November, of the Sector railway.

Is delegates:-in the lines of high speed in construction, depending on them works in execution that respectively les correspond: 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 organs internal dependent, that are designated by those, in their respective areas territorial.

-In lines in operation, in your area in the public domain, in conventional network engineering and Operations Director, and Director of operations and engineering network of high speed; and, in its area of protection, the Director of operations and engineering of conventional network-dependent internal organs, and the Director of operations and engineering network of high speed, which are appointed by them, in their respective territorial areas.


6th to agree the home, instruction and resolution of processed records in accordance with the instruction of internal procedure of administrative demarcation on those ownership both goods owned by ADIF demaniales State whose management has assigned, in accordance with which a effect has law 33/2003, 3 November, the heritage of the public administrations and law 30/1992 26 November, regime Juridico of the public administrations and common administrative procedure.

It is delegated:-the Director of heritage and urbanism of ADIF.

7 to approve the granting of them concessions and authorizations referred in the article 91 of the law 33 / 2003, of heritage of them administrations public, for the occupation and use of property of domain public railway.

-Up to the amount of 1,000,000 euros in fees, in the General Director of services to customers and heritage, and the Director of heritage and urban planning.

8th to agree the exercise of the actions and resources that correspond to the entity in defence of their interests, public administrations and the courts of Justice of any order, grade, or jurisdiction.

Are delegates:-in the Director General corporate and secretariat of the Council.

9 to issue resolutions granting, issuing, revocation and suspension of qualifying titles that allow the exercise of the functions of the railway workers regarding safety in the circulation in the area of the rail network of General interest, and that should be dictated by ADIF.

-In the Director General of exploitation and development of the network.

The present resolution is grants without prejudice of them powers conferred upon them, or that can confer is, through empowerment by the Council of administration of the entity.

The present resolution leaves without effect and accordingly replaces to the resolution of the Presidency of ADIF, of date of 29 of April of 2011, posted in the BOE number 122, marginal 8961, of date 23 of mayo of 2011, by which is delegate certain competencies in organs internal of the entity, without prejudice of keep it validity and efficiency of them delegations and , in his case, of them designations that based on such resolution is have effected in others organs internal by their respective bodies competent, for those Affairs, business and procedures that is are in course in the date of the present resolution, that may in all case revoke is by the organ competent.

The present resolution be published in the «Official Gazette».

«In Madrid, to 27 of April of 2012.-the President of the Manager of infrastructure railway, Enrique Verdeguer Puig.»