Resolution Of 11 Of Mayo Of 2012, Of The Secretariat Of State Of Infrastructure, Transport And Housing, By Which Is Entrusted To The Administrator Of Infrastructure Railway The Construction Of The Connection Of The Runner Mediterranean With The L

Original Language Title: Resolución de 11 de mayo de 2012, de la Secretaría de Estado de Infraestructuras, Transporte y Vivienda, por la que se encomienda al Administrador de Infraestructuras Ferroviarias la construcción de la conexión del Corredor Mediterráneo con la l

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2012-7643

He article 6 of the law 39 / 2003, of 17 of November, of the Sector railway, establishes that the resolution of the Ministry of promotion that agreed the establishment or modification of them lines railway or sections of them same will determine if the exercise of them cited powers corresponds to the own Ministry of promotion or to the administrator of infrastructure railway.

By its part the article 8 of the regulation of the Sector railway, approved by Real Decree 2387 / 2004, of 30 of December, points out that the resolution of the Ministry of promotion that agreed the establishment or modification of a line or a section of line railway, will determine if the approval and execution of them projects basic and of construction corresponds to the Ministry of promotion or to the administrator of infrastructure railway (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.

It resolution of approval of the path of the connection of the runner Mediterranean with it line of high speed Madrid-Barcelona-border French: Vandellós-Area of Tarragona is previous to it approval of the law of the Sector railway, by what its construction corresponded to the Ministry of promotion, that has started its execution with charge to the budget of it address General 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 , so, in the framework budget corresponding, is manage the resources available in the form more effective and efficient 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.

Entrust to the entity public business administrator of infrastructure railway (ADIF) the construction of the connection of the runner Mediterranean with the line of high speed Madrid-Barcelona-border French: Vandellós-Area of Tarragona, determining that the construction is perform with charge to their own resources.

It entrusted to ADIF includes the drafting and approval of them projects that not have been already approved by the Ministry of promotion, it approval economic of them projects e incidents of contracts that are in processing, them obligations derived of the compliance of them conditions environmental that are legally enforceable of conformity with it established in the text consolidated of the law of evaluation of impact environmental and the realization of them works e facilities necessary for the execution of this connection, being in these so-called of application it provisions in the paragraph 2 of the article 8 of regulation of the Sector railway.

Second.

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.

Third.

It address optional for the execution of them works, of them contracts of assistance associated and of them projects in course is will take to out by them officials of it address General of railways that to the effect this appoint, being its conformity necessary for give by received them works and projects according to them spreads contractual subscribed, can be of has of the entity public business them expenses by them commissions of services.

The resolution shall apply from the day of its signature.

Madrid, 11 de mayo of 2012.-the Secretary of State of infrastructure, transport and housing, Rafael Català Polo.