Article 6 of Law 39/2003, of 17 November, of the Railway Sector, provides that the resolution of the Ministry of Public Works which agrees to the establishment or modification of railway lines or sections thereof determine whether the exercise of the above powers corresponds to the Ministry of Public Works or the Railway Infrastructure Manager.

For its part, Article 8 of the Rail Sector Regulation, approved by Royal Decree 2387/2004 of 30 December 2004, states that the resolution of the Ministry of Public Works which agrees to the establishment or modification of a line or a railway line section, shall determine whether the approval and implementation of the basic and construction projects corresponds to the Ministry of Development or the Railway Infrastructure Manager (ADIF).

Notes this article in its number 2 that in the event that the resolution referred to in the previous paragraph determines that the approval of the basic and construction projects is carried out by the Administrator Railway infrastructures shall also correspond to the supervisory and reposing powers of the referred projects and, where appropriate, the certification of the certification of compliance with the environmental impact declaration.

The number 3 of the aforementioned article states that when the aforementioned resolution determines that the execution of the construction works must be carried out by the Ministry of Public Works, the Ministry of Public Works may entrust the Railway infrastructure, the execution of such works from State or third party resources, in accordance with the relevant Convention.

Whereas Article 8 (4) provides that, where the Railway Infrastructure Manager is responsible for the execution of the construction works of railway lines belonging to the Railway Network General interest or tranches thereof, the latter shall undertake the construction with its own resources, in the budgetary framework authorised for these purposes, by the Ministry of Economy and Finance.

The Resolution of the approval of the route of the Connection of the Mediterranean Corridor with the high-speed line Madrid-Barcelona-French border: Vandellos-Area of Tarragona predates the approval of the Law of the Sector Railway, therefore, its construction corresponded to the Ministry of Public Works, which has started its execution from the Budget of the General Directorate of Railways. There are also draft drafting.

The construction of the entire line requires the availability of an important volume of economic resources in a short period of time that exceeds the possibilities of execution through its financing through the Budgetary forecasts of the Ministry of Public Works, therefore it is considered necessary that their construction be entrusted to ADIF, from its own resources or through third party resources, so that, in the budgetary framework resources are managed in the most efficient and efficient way possible.

Consequently, on the proposal of the General Secretariat of Infrastructures, and taking into account the provisions of Articles 6 of the Law of the Railway Sector and Article 8 of the Regulations of the Railway Sector, prior to the authorisation of the Council of Ministers dated 11 May 2012.

This Secretary of State has resolved:

First.

To entrust to the business public entity Railway Infrastructure Manager (ADIF) the construction of the Connection of the Mediterranean Corridor with the high-speed line Madrid-Barcelona-French border: Vandellos-Area of Tarragona, determining that the construction is carried out from its own resources.

The assignment to ADIF includes the drafting and approval of projects that have not already been approved by the Ministry of Public Works, the economic approval of projects and incidents of contracts that are in the process, obligations arising from compliance with environmental conditions that are legally enforceable in accordance with the provisions of the recast of the Environmental Impact Assessment Act and the performance of works and installations necessary for the execution of this Connection, being in these application scenarios Article 8 (2) of the Railway Sector Rules of Procedure.

Second.

ADIF will be subrogated in all contracts that have been tendered or awarded by the General Directorate of Railways of the Ministry of Public Works for the drafting and approval of pending projects, for the execution of works, for the monitoring of the works of this infrastructure and for support of expropriations, in the administrative situation in which they are at the firm of this Resolution.

Third.

The optional direction for the execution of the works, the associated assistance contracts and the ongoing projects shall be carried out by the officials of the Directorate-General of Railways, which the effect of which is designated, (a) the conformity necessary to give the works and projects in accordance with the contractual specifications entered into, and may be taken into account by the business public entity for the expenses of the service commissions.

The Resolution will apply from the day following your signature.

Madrid, 11 May 2012.-The Secretary of State for Infrastructure, Transport and Housing, Rafael Catala Polo.