Article 6 of the law 39/2003, 17 November, the railway Sector, establishes that the resolution of the Ministry of public works agreed the establishment or modification of the railway lines or sections thereof shall determine if the exercise of these powers corresponds to the own Ministry of public works or the administrator of railway infrastructures.
For its part, article 8 of the regulation of the railway Sector, approved by Royal Decree 2387 / 2004, of 30 December, noted that the resolution of the Ministry of public works agreed the establishment or modification of a line or a stretch of railway line, will determine if the approval and execution of Basic projects and construction corresponds to the Ministry of public works or the administrator of railway infrastructures (ADIF).
Designates this article number 2 that correspond to this, also, in that the resolution referred to in the preceding paragraph determines that Basic projects and construction approval is made by the administrator of railway infrastructures, schools supervision and reconsideration of the referred projects and, where appropriate, the certification of the compliance of the environmental impact statement.
Number 3 of article points out that when the aforementioned resolution determines that the execution of the construction works should be done by the Ministry of public works, this may entrust the administrator of railway infrastructures, the execution of such works from resources of the State or of third parties, subject to the corresponding Convention.
While the mentioned article 8 paragraph 4 provides that where appropriate to the railway infrastructure manager the execution of construction of railway lines, the railway network of General interest or sections thereof, this shall undertake the construction with their own resources, in the framework budget authorized for this purpose by the Ministry of economy and finance.
The resolution of approval of the route of the line of high speed high speed Atlantic axis, A Coruña-Vigo is prior to the approval of the law of the railway Sector, so its construction corresponded to the Ministry of development, which has started its execution with charge to the budget of the General direction of railways. There are also projects in writing.
The construction of the entire line requires the availability of a significant amount of money in a short period of time that exceeds possibilities of implementation through its funding through the Ministry of public budgetary forecasts, so it is considered necessary that its construction will refer to ADIF, financed from its own resources or through third-party resources , in a way, where the corresponding budgetary framework, manage available resources in the most effective and efficient way possible.
Consequently, on the proposal of the General Secretariat of infrastructure, and taking into account the provisions in articles 6 of the law of the rail Sector and in article 8 of the regulation of the railway Sector, authorization of Council of Ministers dated May 11, 2012.
The Secretary of State has resolved: first.
To instruct the public enterprise administrator of railway infrastructures (ADIF) the construction of the A Coruña-Vigo line high speed Atlantic axis, determining that construction is carried out with charge to their own resources.
The ADIF charge includes the drafting and approval of the projects that have not been already approved by the Ministry of development, the approval of economic projects and incidences of contracts that are in the pipeline, the obligations arising from the fulfillment of the environmental conditions that are legally enforceable in accordance with provisions of the consolidated text of the law on evaluation of environmental impact and the realization of the works and facilities required for the execution of the Section, being in these cases of application the provisions of paragraph 2 of article 8 of regulation of the railway Sector.
ADIF is subrogated in all the contracts that have been tendered or awarded by the direction General of railways of the Ministry for the promotion for the drafting and approval of the pending projects, for execution of the works, the follow-up of the works of this infrastructure and support of expropriation, in the administrative situation in which are the signature of this resolution.
Construction management for the execution of works, the associated support contracts and ongoing projects will be conducted by the officials of the General direction of railways designating to effect this, being its compliance needed to be received works and projects in accordance with the contractual specifications signed, may be the public enterprise account charges, commissions for services.
The resolution shall apply from the day of its signature.
Madrid, 11 may 2012.-the Secretary of State of infrastructure, transport and housing, Rafael Catalá Polo.