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Resolution Of February 9, 2012, Of The General Secretariat Of Infrastructure, Which Publishes The Agreement Of The Council Of Administration Of The Infrastructure Manager Railway, On Delegation Of Powers.

Original Language Title: Resolución de 9 de febrero de 2012, de la Secretaría General de Infraestructuras, por la que se publica el Acuerdo del Consejo de Administración del Administrador de Infraestructuras Ferroviarias, sobre delegación de competencias.

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TEXT

The Board of Directors of the Enterprise Public Infrastructure Manager (ADIF), at its meeting of 7 February 2012, unanimously adopted the Agreement on the Delegation of Competences. as an annex to this Resolution.

In accordance with the provisions of Article 13.3 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, the publication of that Agreement in the "Official State Gazette".

Madrid, 9 February 2012.-The Secretary General of Infrastructures, José Damian Santiago Martín.

ANNEX

Agreement of the Board of Directors of the business public entity Administrator of Railway Infrastructures (ADIF), for which certain powers are delegated to resolve procedures in matters of patrimonial liability

In order to give greater agility to the processing and resolution of the procedures of patrimonial liability that are brought in front of the Entity in the field of its performance, it has been considered the convenience of to replace the content and scope of the current delegation of powers in matters of patrimonial responsibility conferred by the Board of Directors to the President of the Entity, by agreement adopted on 29 April 2011, and which was publication in the "BOE" dated 23 May 2011; all of this, without prejudice to the maintenance of the validity and effectiveness of the procedures for those procedures which are in progress at the date of the Agreement which is now being proposed for Council approval.

It is intended by means of the new delegation, to delegate to the President of the Entity, the resolution of the procedures of patrimonial liability for claims of amounts exceeding 1,000,000 euros, and equal to or less than EUR 6,000,000; and, by delegating to the General Secretariat and the Council, responsible for the legal services of the Entity, the competence, without limitation of the amount, to require the use of subhealing, to initiate and to appoint an instructor in the procedures in (a) the assets and liabilities of the company, as well as for the settlement of claims a wealth liability of EUR 1,000,000 or less.

As for the legal system of application, the following is noted:

Article 21.1.n) of Law 39/2003, of 17 November, of the Railway Sector, and Article 3.1.s) of the Statute of the Business Public Entity of the Railway Infrastructure Manager (ADIF), approved by Royal Decree 2395/2004 of 30 December 2004 provides that ADIF, among other powers, is responsible for the resolution of claims of patrimonial liability that are formulated with respect to the action of the same.

On the other hand, Article 65 of Law 14/2000 of 29 December, of Tax, Administrative and Social Measures, concerning the resolution of the procedures for the liability of assets in certain entities Public Law, it provides that, it will be up to the Boards of Directors of the public entities, Harbour Authorities, National Airports and Air Navigation (AENA), Ente Public Manager of Railway Infrastructures (GIF), National Network of the Spanish Railways (RENFE), both entities today ADIF, and Railways of Via Narrow (FEVE), to resolve the procedures of patrimonial liability referred to in Article 142 of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, by supplementing their respective rules of creation.

Also, in the second subparagraph of Article 3 (1) of Royal Decree 429/1993 of 26 March 1993, on which the Rules of Procedure of the Public Administrations on Liability are adopted Patrimonial is provided that, in the entities governed by public law with its own legal personality linked to or dependent on any of the public administrations, they will be competent bodies to initiate and instruct the procedures which each the entity determines in application of the rules for the allocation of powers laid down in its creation rule.

Article 16 of the Statute of the Business Public Entity of the Railway Infrastructure Manager (ADIF), establishes the powers that are attributed to the Board of Directors of the Entity; provided for in the letter w) Article 16 (1), which corresponds to the Board of Directors of ADIF, the exercise of the other powers conferred on it by the Staff Regulations or other provisions.

On the other hand, Article 17.1 of the ADIF Statute provides for the possibility of delegation of certain powers by the Board of Directors to the President of the Entity, in the Council's delegated committees which are constitute, and in the other internal organs of the Entity to be determined.

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.

Based on the above, and pursuant to the provisions of the aforementioned Article 17.1 of the ADIF Statute, the Board of Directors of the Railway Infrastructure Manager is proposed to adopt the following agreement:

Delegate, in the President of ADIF and in the internal body of the Entity that relates, in the field of their respective functions and with the extension and scope that is expressed, the following competencies:

▪ To resolve Procedures on Heritage Liability:

Be delegated to the President of the Railway Infrastructure Manager, the following competition:

For claims of a value of more than 1,000,000 euros, and equal to or less than 6,000,000 euros, the competition that, pursuant to the provisions of Article 65 of Law 14/2000, of December 29, of Tax Measures Administrative and Social Order, the Board of Directors of ADIF is assigned to resolve the procedures of patrimonial liability which are initiated and instructed under Articles 139 et seq. of Law 30/1992, 26 of November, the Legal Regime of Public Administrations and the Common Administrative Procedure.

The following competition is delegated to the General Secretariat and the Council of the Railway Infrastructure Manager:

For claims of amounts equal to or less than 1,000,000 euros, the jurisdiction that, pursuant to the provisions of Article 65 of Law 14/2000, of December 29, of Administrative Tax Measures and of the Social Order, has attributed to the Board of Directors of ADIF in order to resolve the procedures of patrimonial liability which are initiated and instructed under Articles 139 et seq. of Law 30/1992, of 26 November, of the Legal Regime of the Public administrations and the Common Administrative Procedure.

▪ To require subhealing, starting and designating an instructor in the Procedures on Heritage Responsibility:

The following competencies are delegated to the General Secretariat and the Council of the Railway Infrastructure Manager:

No limit of value, competence to require of subhealing, start and appoint instructor in the procedures of patrimonial responsibility that are initiated and instructed under the Articles 139 and following of the Law 30/1992, of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure and of Royal Decree 429/1993 of 26 March, approving the Rules of Procedure of the Administrations Public in matters of patrimonial liability.

This Agreement leaves no effect and consequently replaces the second paragraph of the ADIF Board of Directors Resolution dated April 29, 2011, published in the "BOE" number 122, marginal 8962, dated 23 April 2011. May 2011, for which jurisdiction is delegated to the President to resolve procedures for patrimonial liability, without prejudice to maintaining the validity and effectiveness of such procedures for those proceedings which are ongoing in the date of this Agreement.