Royal Decree 1072/2014, of December 19, whereby the State Agency for Railway Safety Agency and approving its Statute.
Published in: "BOE" no. 309 of December 23, 2014, pages 104409-104432 (24 pp.)
Section I. General Provisions
Department: Ministry of Finance and Public Administration
Rail transport is a strategic sector for Spain, for its economic impact and contribution to connectivity, cohesion and territorial structure.
During this legislature, has launched a major review of the organizational model of the rail industry that will culminate with the liberalization of the internal market rating and has involved the reorganization of companies ADIF and RENFE Operator. Within this process, it also makes precise Rehabilitation Administration bodies with powers rail, allowing it to be positioned within the new configuration of the sector, responding to the criteria laid down in Community legislation.
Directive 2004/49 / EC of 29 April 2004 on safety on the Community's railways provides that within the new common regulatory framework in this area should be established in all Member States, national authorities responsible for security , to regulate and supervise railway safety. To facilitate cooperation at Community level should be given the same minimum tasks and responsibilities. The national authorities responsible for security must have a high degree of autonomy and execute their tasks in an open and non-discriminatory manner so that they can contribute to the creation of a single European rail system and cooperate to coordinate their decision.
Therefore, compliance with the essential aim of continuous improvement of safety in rail transport will be improved with the creation of a state agency that has autonomy and flexibility in their management and, at the same time, is subject to effective control and responsibility for the fulfillment of its purposes.
The Law 28/2006 of 18 July, on State Agencies for the improvement of public services, as originally drafted, it provided in its third additional provision, the creation of the State Agency for Land Transport Safety for detection analysis and assessment of security risks in land transport under state jurisdiction and for the exercise of the functions of inspection and supervision of railway safety, both in relation to infrastructure and the railway operation in the areas of state competition.
The Law 22/2013 of 23 December on the General State Budget for 2014, established additional provision sexta. Eighty-Creating State Agencies that within the general rule prohibiting new state agencies, is excepted the creation of the State Agency for Railway Safety, as a sign of great emphasis on continuous improvement in safety levels.
Subsequently, through Royal Decree-Law 1/2014, of January 24, reform in infrastructure and transportation, and other economic measures, has modified the fifth paragraph of section 1 of the third additional provision of Law 28 / 2006 to change the name and powers of the State Agency for Land Transport Safety, which was renamed State Railway Safety Agency, to comply with the requirements of the European Commission on independence of the security railway, the faster and better meet the needs of the sector.
This royal decree developing the provisions of the Act, completes the process of establishing the responsibility of railway safety in Spain as an independent body, to give it its own legal personality authority. At the same time, take advantage of the experience of the General Directorate of Railways in railway safety and assuming a transformation of the current Directorate General, which had been assigned such powers hitherto matter.
This Royal Decree consists of a single article, approving the statute, six additional provisions, four transitional provisions and three final provisions.
The first additional provision determines the effective date of establishment of the Agency.
Then by the second additional provision is held suppression bodies former Directorate General of Railways.
The third additional provision determines the integration of staff of the Directorate General of Railways at the General Secretariat for Infrastructure Development Ministry or the Agency, as are acting as planning and regulation of the railway sector or not, anticipating their resolution of the Secretariat Development staff concrete subject to such integration.
The fourth additional provision determines the mode of integration of staff of the Directorate General of Railways in the public company rail infrastructure manager or the ADIF High Speed entity.
The fifth additional provision refers to the budgetary impact of the creation of the Agency.
The sixth additional provision refers to the Heritage Agency and the inventory of goods of the future Agency.
In the transitional arrangements include first, the provisions relating to the provision of services necessary to ensure the temporary exercise of the functions of the organs of the Directorate General of Railways to date of commissioning of the Agency. It also provides that the Ministry of Development Agency continue to provide common services until its disposal the services needed to achieve autonomy.
The transitional legal regime budgeting, procurement and other administrative proceedings initiated prior to the establishment of the Agency stated in the second transitory provision in the third referring to the first financial year of the Agency and the fourth is for the initial management contract.
The first final provision reflects the organizational changes that will affect the Royal Decree 452/2012, of March 5, whereby the basic structure of the Ministry of Development develops and modifies the Royal Decree 1887/2011, of December 30, on the basic organizational structure of the ministerial departments is established.
The second final provision authorizes the Minister of Public Works to dictate any necessary provisions for the development and execution of the royal decree.
Finally, the third final provision refers to the entry into force of the royal decree.
The Statute is divided into seven chapters which present different aspects orderly, according to Law 28/2006, of July 18, must contain the statutory scheme a state agency.
Chapter I "General Provisions", is dedicated to nature, status and administrative powers of the Agency.
According to the authorization contained in the third additional provision of Law 28/2006, of July 18, Chapter II sets out the purpose of the Agency and its powers.
Chapter III "transparent management by objectives', develops the principles of various aspects of management: multi-year contract management, action plan, the annual activity report and annual accounts.
Chapter IV "Organization" determines the governing bodies, control and operational executives Agency, establishing the powers and operation thereof.
1st section regulates the figure of the President and the Executive Council, as governing bodies of the Agency. The governance model of the Agency is characterized by a non-executive Chairman, which in turn is the Secretary General for Infrastructure, as an essential element of coordination between administrative bodies.
Regarding the composition of the Governing Council, it was decided by a Council composed of the President, eight directors appointed by various ministries and a Secretary with voice but no vote.
It is envisaged that there is a Control Committee, in accordance with the provisions of Law 28/2006 of July 18.
The Director of the Agency is the executive body of the Agency, and responsible for the current direction and management of the same. They are appointed by the Governing Council on a proposal of the President, among graduates, according to criteria of professional competence and experience.
3rd section details the structure of executive and operational bodies, in the initial phase of operation of the Agency, and according to the budgetary context and in order to facilitate the transition of powers in the current DG railways, largely maintain the current organization.
Chapters V, VI and VII, "Regime staff ',' financial assets Regime, and hiring" and "financial management and control" rules established by Law 28/2006 of 18 July develop.
By virtue of the initiative of the Minister of Development, on the proposal of the Minister of Finance and Public Administration, according to the Council of State and after deliberation by the Cabinet in its meeting on 19 December 2014,
Single article. Creation of the State Agency for Railway Safety and approval status.
1. In accordance with the authorization referred to in the third additional provision of Law 28/2006 of 18 July, on State Agencies for the improvement of public services and the additional eighty provision six of Law 22/2013, of December 23, 2014 National Budget, the State Agency for Railway Safety Agency, for which purpose the Statute of the Agency, the text is inserted after this royal decree is approved.
2. The State Railway Safety Agency succeeds the Ministry of Development and in particular the Directorate General of Railways on the weekends, powers and functions conferred on the Agency's Statute was approved by this Royal Decree.
All references contain any provision on the Development Ministry and the Directorate General of Railways, regarding the powers which the statute that is approved by this Royal Decree attributed to the Agency shall be deemed made to it.
Exceptions to the above the powers conferred directly to the holder of the Ministry of Development.
3. The provisions of this royal decree shall be no increase in public spending will not increase allocations for salaries and other staff costs.
First additional provision. Effective Constitution.
1. The effective operation of the Agency shall be the day April 1, 2015, with the establishment of the Governing Council. In the same constituent meeting the Director of the Agency shall be appointed to the holders of its organs and its management.
2. The Agency shall be subrogated to all rights and obligations under the competence of the Directorate General of Railways and the Ministry of Public Works, pursuant to Royal Decree, are attributed to that, specifically, contracts, agreements, parcels and improved orders within the scope of powers assigned to the Agency.
Second additional provision. Removal of organs.
The effective date of constitution of the Agency shall be deleted General Directorate of Railways and the following bodies attached to it:
a) The General Sub-Directorate of Planning and Projects.
b) The General Construction Branch.
c) The General Coordination Branch Railway.
Third additional provision. Integration of staff at the State Railway Safety Agency and the General Secretariat for Infrastructure.
1. In accordance with the provisions of the additional eighty provision six of Law 22/2013, of December 23, the State Railway Safety Agency will be funded exclusively by incorporating effective the Ministry of Development, its agencies and entities public functions related to the same.
2. The staff officer to the operation of the Agency held the posts included in the list of jobs from the Directorate General of Railways will integrate at that time at the State Railway Safety Agency with the same situation, antique and grade had, being in active service in the Corps or Scale of origin.
3. The workforce will be integrated under the same conditions described in the preceding paragraph, the Agency subrogation in contracts of employment subject to labor law, in its own terms and conditions without any alteration.
4. It shall be exempt from the integration envisaged in the preceding paragraphs staff, officer or labor, which is integrated into the General Secretariat for Infrastructure for the exercise of powers at the disposal first concerns, paragraph four official staff the fourth additional provision, both of this royal decree concerns.
5. By order of the Secretariat for Promoting the civil servants and employees that is integrated into the Agency and the General Secretariat for Infrastructure, respectively, in accordance with the provisions of the preceding paragraphs of this provision will be determined.
6. Joining Agency staff employed labor from other organizations and public bodies of the Ministry of Development that relates to the functions assumed by the Agency will be made, if necessary, by order of the Ministry of Development, approval of the Ministry Finance and Public Administration, respecting their remuneration conditions globally within the legal framework for implementation.
Fourth additional provision. Integration of staff of the Directorate General of Railways and ADIF ADIF High Speed.
Active staff stationed in the Directorate General of Railways who are developing contract-related functions that will be managed by the Railway Infrastructure Manager and Railway Infrastructure Manager-High Speed workforce may be incorporated as one of these entities public, proposed by the Ministry of Development, at the initiative of those public entities and approval of the Ministry of Finance and Public Administration, being in your body or scale-origin unpaid leave for service delivery in the public sector, in different career civil servant regime.
Fifth additional provision. Budgetary impact.
The measures included in this Royal Decree and the Statute was adopted thereunder, shall be made without increasing budget allocations for each year and shall not increase appropriation or remuneration or other staff costs.
Sixth additional provision. Heritage Agency and Inventory of goods.
Part of the heritage of the State Railway Safety Agency to fulfill its functions movable and immovable property that is assigned to the Directorate General of Railways of the entry into force of this Royal Decree and correspond to the functions that are integrated into the Agency.
The Agency will perform the first inventory of the goods that are ascribed and which could acquire for his activity before one year after their operation.
First transitional provision. Provision of services.
1. The bodies of the Directorate General of Railways continue temporarily in the exercise of their functions until the date of commissioning of the Agency. Similarly, the bodies of the Agency shall exercise the powers conferred by statute to be approved by this Royal Decree from the date of commissioning of this.
2. Without prejudice to the creation and operation of the Agency, the Ministry of Development will continue to provide common services necessary for the State Railway Safety Agency until its disposal the services to achieve their autonomy.
Second transitional provision. Records, obligations, contracts and expenses.
1. The proceedings instituted by the Directorate General of Railways prior to the operation of the Agency and unresolved at that date, relating to areas of responsibility assigned to the Agency by the Statute approving this royal decree shall be resolved by the competent body of the Agency in accordance with the allocation of the exercise of powers established by the Statute.
2. The expenditure procedures initiated by the Directorate General of Railways and not finalized, in the areas of competence of the Agency adapt its processing to the regulations of the Agency and will be completed in accordance with the allocation of powers established by the Statute .
3. The proceedings instituted by the Directorate General of Railways prior to the operation of the Agency and unresolved at that date, relating to areas of responsibility assigned to the General Secretariat for Infrastructure by Royal Decree amending the structure of Department to disposal refers first of this royal decree shall be resolved by the Ministry of Infrastructure, Transport and Housing.
Third transitory provision. First financial year.
Throughout the year 2015 the current budget structure will not change, developing the State Agency for Railway Safety her performance in accordance with the budgetary arrangements and accountability applicable to the Directorate General of Railways, under the terms established by Law 22 / 2013, to December 23, and Law 47/2003 of 26 November, General Budget. All expenditures necessary for the operation of the State Railway Safety Agency is entered in the manner and under the appropriations for the Directorate General of Railways.
Fourth transitional provision. Initial management contract.
Until the initial Management Agreement is approved, the action of the Agency, including the management of jobs and the approval of the budget, will be developed as part of the Report approved and the Initial Plan, which refers the Article 3 of Law 28/2006 of July 18.
Linking to contract management and system performance evaluation of the forecasts set out in paragraphs 3 and 4 of Article 33 on the complement of productivity, will not be effective until approval of such instruments.
First final provision. Amendment of Royal Decree 452/2012, of March 5, whereby the basic structure of the Ministry of Development develops and modifies the Royal Decree 1887/2011, of December 30, on the basic organizational structure is established of ministerial departments.
Uno.Se added the letters h) i) j) k) l) m) n) of paragraph 1 item 3 of Royal Decree 452/2012, of March 5:
h) The development, monitoring, supervision and control of the planning of railway infrastructure in the General Interest Railway Network and the corresponding railway plans.
i) The development, monitoring and control of information studies, preliminary and exceptionally rail projects, the drafting of delimitation and use of railway spaces, and the preparation of preliminary draft budget.
j) The expropriations performances in railway infrastructure.
k) The processing of draft general provisions relating to railway infrastructure.
l) The representation of the Ministry of Development in international organizations and the European Union related to railway infrastructure and participation in the coordination bodies and management of European rail corridors.
m) The preparation and monitoring protocols, agreements and conventions agreed with other public administrations in railway infrastructure performances, as well as coordination and cooperation with other administrative organs, public organizations and administrations on rail.
n) The control and monitoring of budget execution and program contracts with public entities rail attached to the Department, without prejudice to the powers in this area correspond to the Directorate General of Land Transportation respect to public entities providing services rail transport.
Two. Paragraph 2 of Article 3 of Royal Decree 452/2012, of March 5, reads as follows:
'2. General Secretariat comes the following governing body:
a) The Directorate General of Highways. "
Three. Paragraph 5 of Article 3 of Royal Decree 452/2012, of March 5, reads as follows:
'5. Reports directly to the General Secretariat for Infrastructure, with the organic level determined in the ratio of jobs, Division of Research and Coordination Infrastructure Investment, which shall exercise the functions referred to in paragraph refers 1.f), g), j) and n). "
Four. Paragraph 6 of Article 3 of Royal Decree 452/2012, of March 5, reads as follows:
'6. Reports directly to the General Secretariat for Infrastructure, organic rank of general Deputy Director, General Planning Branch Railway, which shall exercise the functions referred to in paragraph 1 refers h), i), k), l ), ym). "
Five. The present paragraph 6 of Article 3 of Royal Decree 452/2012, of March 5, renumbered 7 maintaining its wording.
Six. A section 8 to Article 3 of Royal Decree 452/2012, of March 5 is added:
'8. The State Railway Safety Agency is under the Ministry of Development, through the General Secretariat for Infrastructure. "
Seven. Article 5 of Royal Decree 452/2012, producing results in a change in the numbering of Articles 6-15 which will then be numbered from 5 to 14 is deleted.
Eight. New wording is given to the letter d) of paragraph 1 of Article 9 of Royal Decree 452/2012, of March 5 (Article 8 after numbering provided for in the preceding paragraph seven)
"D) The granting of permits and operating licenses for the provision of transport services by rail or road that are enforceable under domestic law or the European Union or international agreements signed by Spain."
Second final provision. Policy development and implementation.
Minister of Public Works is authorized to dictate any necessary provisions for the development and implementation of this Royal Decree.
Third final provision. Entry into force.
The Royal Decree shall enter into force on the day following its publication in the "Official Gazette", except the first final provision, which comes into force on April 1, 2015 day.
Given in Madrid on December 19, 2014.
The Minister of Finance and Public Administration,
Cristobal Montoro Romero
STATUTE OF THE STATE OF RAILWAY SAFETY AGENCY
Article 1. Nature of the State Agency for Railway Safety.
1. The State Railway Safety Agency (hereinafter the Agency or AESF) is one of public bodies regulated by Law 28/2006 of 18 July, on State Agencies for the improvement of public services.
2. The Agency has separate legal personality respect to the General State Administration, property and cash management and functional autonomy within the limits established by Law 28/2006, of July 18, and the Statute.
Among the powers that this Statute and, where appropriate, other standards attributed to him, shall exercise administrative powers necessary for the fulfillment of its purposes and functions, according to the law applicable to the Agency.
Article 2. Legal Regime.
1. The Agency is governed by Law 28/2006, of July 18, by the Statute and, additionally, by the rules applicable to public law entities affiliated to the Central Government.
2. In the exercise of public powers shall apply the Law 30/1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure.
3. In exercising its responsibility for safety, the Agency by Law 39/2003 of 17 November, the Railway Sector and the implementing regulations, as well as the existing Community law on security shall be governed railway.
The Agency assumes the powers that Law 39/2003 of November 17, attributed to the Ministry of Development in sanctioning and supervising security matters, in the terms set out in this statute.
Article 3. Principles of the performance of the Agency.
The Agency shall be guided by the following principles:
a) Independence in its action with respect to the functions assigned safety of rail transport.
b) Competence and responsibility in the development and implementation of standards of national and international rail safety and control procedures.
c) Promotion and dissemination of a culture of railway safety in all areas of activity.
d) Quality, effectiveness, efficiency and transparency in the exercise of their functions.
Article 4. Provisions and administrative acts.
1. The Agency in the exercise of its powers adopt:
a) Orders of the President of the Agency.
b) Resolutions of the Governing Council.
c) resolutions, instructions and protocols of the Director of the Agency.
2. The acts and resolutions issued by the Governing Board, the President or the Director of the Agency in the development of public functions exhausted administrative remedies, except in tax matters dictates where they may be challenged by economic and administrative proceedings, without prejudice, all cases, the subsequent access to the administrative jurisdiction.
Article 5. Legal Assistance.
In accordance with the fourth additional provision of Law 28/2006, of July 18, legal aid from the State Railway Safety Agency shall be provided by the State Bar at the Ministry of Development, notwithstanding that, under what set the management Agreement and depending on the needs of the Agency, may formalize an agreement on the terms established by Law 52/1997, of 27 November, the State Legal Aid and Public Institutions.
Article 6. Assignment.
The Agency is ascribed to the Ministry of Development through the General Secretariat for Infrastructure.
Article 7. Seat.
The Agency shall have its corporate headquarters in the city of Madrid.
Purpose and powers
Article 8. Object State Railway Safety Agency.
The State Agency for Railway Safety, within the remit for the state and, according to the authorization of the third additional provision of Law 28/2006, of July 18, aims at detecting, analyzing and evaluating security risks in rail transport. In the field of state competence, shall exercise the functions responsible for railway safety authority, as set out in Law 39/2003 of 17 November, in particular, management, inspection and supervision of safety all elements of the rail system, both in relation to infrastructure, rolling stock, railway staff, as in railway operation. It will also carry out the functions related to the interoperability of the rail system state competition. It will also correspond granting, suspension and revocation of licenses to railway undertakings.
Article 9. Powers.
1. The State Railway Safety Agency shall be responsible for railway safety authority the following competencies:
a) Ensure the general maintenance of traffic safety on the railway network of general interest by monitoring the performance of the obligations of the different actors in this area.
b) authorize the entry into service of the structural subsystems constituting the rail system and check that maintain their requirements.
c) Monitor compliance with the essential requirements of the constituents.
d) authorize the entry into service of vehicles.
e) To issue, renew, amend or revoke security certificates for railway undertakings and subsequently supervise.
f) To issue, renew, amend or revoke security clearances infrastructure managers and monitor them later.
g) To propose, formulate and develop the regulatory framework for security and monitoring compliance by agents of the railway system and formulate proposals, guidelines and policy recommendations, including technical specifications of railway subsystems.
h) To monitor the objectives and levels of security through indicators and accident statistics and reporting on safety of rail transport.
i) To organize and manage the Special Railway Register and monitor the proper registration of train crews and the registration of rolling stock and inventories, statistics and databases related to rail transport safety, including inventories of infrastructure.
j) To grant approval and, if necessary, suspend and revoke of training centers and centers of psychophysical recognition of railway staff.
k) To grant approval and, if necessary, suspend and revoke, maintenance centers and certification of entities in charge of maintenance.
l) To exercise the powers of the Ministry of Development on railway staff, in particular, to grant, renew, suspend and revoke the titles of driving licenses and railway staff and propose the content of tests for obtaining authorization certificates railway staff, approve the minimum content of training programs for obtaining clearances and conditions of psychophysical capacity to certify personal fitness assessment.
m) Attend and participate in working groups of the European Railway Agency and other national and international organizations related to safety or interoperability of rail transport.
n) To exercise the powers of the Ministry of Development on the transport of dangerous goods by rail.
o) To exercise the powers of the Ministry of Public Works in connection with the defense of public rail and modifying the boundary line of the building, without prejudice to the powers that correspond to the rail infrastructure manager.
p) To exercise disciplinary powers on railway safety.
q) Any other functions assigned to it, especially in the field of railway safety.
2. A State Railway Safety Agency also accounts for the granting, suspension and revocation of licenses to railway undertakings, as well as the ratings of other candidates other than these, including the development and initiative of regulatory proposals regarding the application and supporting documentation license.
3. The Agency shall provide technical assistance and work with the Ministry of Public Works in the exercise of their rail skills.
4. The powers referred to in paragraphs 1 and 2 shall not be transferred or subcontracted to any infrastructure manager, railway undertaking or procurement entity.
Article 10. Exercise of sanctioning powers and extraordinary measures.
1. The procedures for punishing administrative offenses on railway safety typified by Law 39/2003 of 17 November, is always initiated ex officio by agreement of the Director of the Agency, on its own initiative or following order superior, reasoned request of other organs or complaint.
Corresponds to the Governing Council the power to the imposition of severe penalties and corresponds to the Director of the Agency's jurisdiction to impose severe and mild penalties for these offenses under Law 39/2003 of July 17 .
2. The statement of disciplinary proceedings resulting from infringements of railway safety established by Law 39/2003 of November 17, correspond to the branches of the Agency having attributed the substantive jurisdiction over this matter in coordination with the management division.
Transparent management by objectives
Article 11. The Management Agreement.
1. The Agency shall prepare the draft multiannual management contract with the content and within the limits laid down in Articles 13 and 14 of Law 28/2006, of July 18, for approval by joint order of the Ministers of Development and Finance and Public Administration.
2. The performance of the Agency occurs under an annual action plan under the force and under the relevant multiannual management contract with.
3. The Contract Management Agency will run for four years.
4. The Management Agreement shall, as a minimum and for the period of its validity, the following contents:
a) The objectives to be pursued, and plans necessary to achieve the objectives, specifying the relevant timeframes and projects associated with each of the strategies and timeframes.
b) The results to be obtained, as well as indicators to assess the results.
c) The framework for action in the field of human resources management, comprehensive determining staffing needs throughout the contract period and maximum forecast staff.
d) Personal, material and budgetary contribute to the achievement of the objectives, establishing its multi stage resources.
e) The effects associated with the degree of compliance with established targets for the following:
- The criteria for the accountability for the management of managerial and executive staff.
- The amount of wages intended to complement productivity or concept equivalent to the workforce.
f) The procedure for coverage of annual deficits, if any, may occur through failure of actual revenue over the estimated and the consequences of management responsibility, where appropriate, be followed in such deficits.
g) The procedure for the introduction of amendments and annual adjustments, if necessary, proceed.
5. The President of the Agency, reporting to the Executive Council, will present the proposed management contract to the Ministry of Public Works and Finance and Public Administration, before September 1 last year of the previous contract.
Prior to May 30 of that year, the Governing Council approve the initial proposal of the new contract, can the State Budget provide a conditional allocation to the effective execution of the same.
6. Approval of Contract management takes place by joint order of the Ministries of Development and Finance and Public Administration, within a maximum period of three months from submission.
7. If not approved the Management Agreement within the time provided in this Article, shall remain in force the previous contract management, for which the Ministry of Finance and Public Administration included in the State Budget of the following year a budget subject to approval of the contract on the basis of the initial proposal approved by the Governing Council in accordance with paragraph 5 of this Article.
8. The President shall inform the Ministry of Public Works and Finance and Public Administration, on the implementation and compliance with the objectives set out in the Agency Agreement multiannual management.
Article 12. The annual action plan, the activity report and annual accounts.
1. The Director shall propose to the Governing Board for approval:
a) The annual action plan, based on available resources before February 1 of each year.
b) The general activity report for the preceding year, prior to June 30 of this year.
c) annual accounts together with the audit report, prior to June 30 of this year.
2. The documents referred to in this article are public, citizens having access to their content since its adoption, except those aspects that could compromise railway safety.
3. To ensure free access to the contents of these documents will be posted on the website of the Agency.
4. The Agency, through the Ministry of Development, shall report to Parliament the general activity report adopted by the Governing Council on the work of the Agency and the degree of fulfillment of its objectives.
Article 13. Bodies of the Agency.
The Agency is structured in governing, control, and operational executives:
a) The governing bodies of the Agency are the President and the Governing Council.
b) The Supervisory Board is the supervisory body of the Agency.
c) The executive body of the Agency is the Director.
d) The operational bodies are the General Department of Infrastructure, the General Department of Railway Safety Coordination and Management Division.
SECTION 1. Governing Bodies
Article 14. The President.
The President of the Agency shall be the head of the General Secretariat for Infrastructure.
Article 15. Duties of the President.
The President is the representation of the Governing Council directs and presides over its meetings and also perform the following functions:
a) To hold the epitome of the Agency both institutionally and internationally.
b) propose to the Governing Board the appointment or removal of the Director of the Agency and Member of the Supervisory Board.
c) delegate powers, signature or designate alternate in the performance of their duties on behalf of the Director of the Agency or operating bodies of the Agency, in accordance with the provisions of Law 30/1992 of 26 November and as granting general or special powers certain person or persons.
d) Represent the Agency in the proceedings concerning their property and property rights, may delegate this function explicitly in other organs or officials thereof, reporting to the Governing Council.
e) submit to the Governing Council the proposed multi-annual management contract, prior to its approval by the Ministers of Development and Finance and Public Administration character.
f) Inform the Ministries of Development and Finance and Public Administration on the implementation and compliance with the targets set in the Management Agreement.
g) To submit annual accounts to the Court of Auditors, through the General Comptroller of the State, according to the budgetary rules.
h) To appear before the House of Representatives and the Senate, at the request of them, to inform the development of contract management and other aspects of the management of the Agency and submit to Parliament or parliamentary committees that correspond through the Minister of Development, General activity Report adopted by the Governing Council on the work of the Agency and the degree of fulfillment of its objectives.
i) To perform any other functions conferred upon it by law or regulation.
j) All other skills that apply as chairman of a collegial body as provided in Article 23 of Law 30/1992 of 26 November.
Article 16. Composition of the Governing Council.
1. The Governing Council is the body of collegial governance of the Agency.
2. The plenary session of the Governing Council shall consist of the President of the Agency, who will also be the Board, Directors and the Secretary.
3. The Director of the Agency is an ex officio member of the Governing Council. The other directors are appointed and dismissed by the Minister of Development, being appointed as follows:
a) Four shall be appointed by the head of the Ministry of Development, among officials, with minimum rank of Director General, and independent professionals with experience in the railway sector or public administration.
b) two shall be appointed by the head of the Ministry of Finance and Public Administration, with the minimum rank of Director General.
c) One shall be appointed by the head of the Ministry of Economy and Finance, with the minimum rank of Director General.
d) One shall be appointed by the head of the Ministry of Industry, with minimum rank of Director General.
4. The Secretary is part of the Governing Board and shall attend its meetings with voice but no vote.
5. Members of the Governing Council will keep not disclose the affairs of those who know as members of that body.
6. In case of absence or illness of the President, the Director of rank higher than those referred to in paragraph 3 or, at equal rank, the oldest in the office of Director shall be the President of the Governing Council. A equal rank and seniority, will assume the presidency older.
7. The emoluments of the heads and directors of the Agency shall be subject to the provisions of Royal Decree 451/2012, of March 5, whereby the emoluments of the heads and managers is regulated in the public sector business and other entities,
8. The appointment of members of the Governing Board shall follow the principle of balanced participation of women and men.
Article 17. Functions of the Governing Council.
1. Governing Board is responsible, under the Statute and in accordance with the provisions of the legislation, the following functions:
a) Monitoring, supervision and control of the superior performance of the Agency.
b) Approval of the proposed multiannual management of the Agency Agreement and the approval of the objectives and annual action plans, quantitative and qualitative criteria for measuring achievement of those objectives and the degree of efficiency in the management and the adoption of quality policies, all within the framework established in the management Agreement.
c) Approval of the preliminary draft budget of the Agency.
d) The proposal to the Minister of Finance and Public Administration, on the initiative of the Director of the Agency of changes in overall budget and affecting staff costs, in accordance with Article 27.3.a) of the Act 28/2006 of 18 July.
e) The appointment of the Director of the Agency, the management control and the requirement of the responsibilities that come.
f) Approval of the general activity report for the previous year, and of those extraordinary deems necessary for the management, evaluating the results and consigning the deficiencies.
g) Approval of the annual accounts of the Agency and the management report and the application of results on a proposal of the Director.
h) Identification of the selection criteria of staff of the Agency.
i) Approval template workforce and the relationship of jobs of the Agency and the preparation of the annual job of the Agency for inclusion in offering state public employment in accordance with the provisions of Contract management.
j) The appointment and removal, on the proposal of the Director, of the holders of the organs of the Agency and the rest of management.
k) The identification, proposal of the Director, the criteria and rates applicable to the remuneration and performance incentive received by the senior staff of the Agency under the provisions of the Management Agreement.
l) Approval of internal rules of operation, organizational development and adoption of resolutions by the Governing Council itself and the Agency on matters not covered by this statute, according to the framework for action set in the Management Agreement.
m) The exercise of actions and resources that apply to the entity in defense of their interests before the government and the courts of any order or jurisdiction without prejudice to Article 20 c) of Law 29 / 1998 of July 13, regulating the Administrative Jurisdiction.
n) The authorization of credit operations and other operations of indebtedness that may be agreed by the Agency in accordance with this statute.
o) The approval of the proposal of the Director and approval of the Ministry of Development, the level of prices and other non-tax that the Agency is authorized to collect revenue.
p) Approve the creation or participation of the Agency in the capital of all kinds of companies or foundations that are related to their activities in accordance with the provisions of Article 39.
q) Approval of the agreements, covenants and agreements deemed appropriate or necessary for the attainment of the objectives of the Agency.
r) Approve the lease and purchase of property and the establishment of property rights favorable report from the Ministry of Finance and Public Administration.
s) approval of the inventory of assets and rights in accordance with the provisions of Law 33/2003 of November 3, the Assets of Public Administrations.
t) The declaration requirement for a property and rights assigned to the Agency that are necessary for the fulfillment of its purposes, proposing the Ministry of Finance and Public Administration disaffectation and in case of being disaffected, its alienation as prescribed in Law 33/2003 of November 3rd. Disposals of over 20,000,000 euros amount they must be authorized by the Council of Ministers proposed by the Ministry Finance and Public Administration.
u) Any other duties assigned to it by Law 28/2006, of July 18, under the statute or by regulation.
2. The Governing Council may agree to set up working groups composed of independent experts to study and report those matters determined. The agreement of incorporation determine the scope, duration and composition of these groups, and the conditions of remuneration of the members, if applicable.
Article 18. Convening and quorum of the Governing Council.
1. The Governing Council shall meet when convened by the President and his initiative or at the request at least half of the directors, as often as necessary to the development of the functions of the Agency and at least six times a year .
2. Notice of the Governing Council shall be made by the Secretary in writing at least forty-eight hours before collecting the agenda of issues to deal with.
3. For the valid constitution of the Governing Board, besides the President and the Secretary or their substitutes, shall be present or represented at first call, half of the directors and, on second call, a third of them. Between the first and second call to expire, at least within one hour.
4. Attendance at meetings of the Governing Council, with voice but no vote, all those who are called by its President, as experts of the subjects included in the agenda.
5. The operation of the Governing Board shall comply with the provisions of Law 28/2006, of July 18, and in matters not provided therein, the system provided for by Law 30/1992 of November 26 to corporate bodies.
Article 19. Adoption of resolutions.
The decisions of the Governing Board shall be by majority vote of its members present or represented. In case of a tie, the Chairman shall have a casting vote.
Article 20. The Secretary.
The Governing Council shall designate and separate proposal of the President, a Secretary who shall be appointed from the staff serving in the Agency. The Secretary will correspond functions referred to in Article 25 of Law 30/1992 of 26 November.
Section 2 Control Agency
Article 21. Control Commission.
1. The Supervisory Board is the controlling body of the Agency. The Commission shall consist of the following members:
a) Three Members, elected by the Governing Board from among its members.
b) A President elected by the Members of the Commission and its members.
c) A Secretary, who shall be the Governing Council.
2. The members of the supervisory committee shall not perform management duties in the Agency.
3. The Chief Auditor in the Agency may attend meetings of the Supervisory Board, with voice but no vote.
Article 22. Functions of the Control Commission.
Corresponds to the Control Committee report to the Governing Council on the implementation of the management contract and, in general, on all those aspects of economic and financial management envisaged by the Council itself, for which shall:
a) Prepare for the Governing Council, at intervals that it decides, and at least once every six months, reports on the development and implementation of the management contract.
b) Supervise the process and systems of information processing and financial management to submit to the Governing Council.
c) Review the financial statements to be submitted to the Governing Board in accordance with applicable regulations.
d) To verify compliance with the rules and limits relating to the rendering of financial statements and other information that must pay for belonging to the public sector, as referred to in the Management Agreement.
e) Monitor compliance with budget rules in drafting the budget and its implementation through control of monthly budget execution submitted to the Supervisory Board.
f) To review all reports economic management control - financial issued by the bodies referred to in Article 48 of the Statute and propose to the Governing Council strategies to correct weaknesses that could bring out a.
g) Assist in the formulation of a standardized, simple and clear framework for communication of financial information and management should regularly submit it to the Governing Council for the periodic assessment of the level of compliance with contract management.
Article 23. Operation of the Control Commission.
1. The Control Committee shall meet at least four times a year and whenever the President deems appropriate.
2. The operation and rules applicable to the Supervisory Board shall follow the rules provided by the Law 30/1992 of 26 November, to corporate bodies.
SECTION 3. executive bodies and operational
Article 24. The Director of the Agency.
1. The Director is the executive body of the Agency and responsible for the current direction and management of the same.
2. The Director of the Agency shall be appointed by the Governing Council on a proposal from the President among graduates, according to criteria of professional competence and experience. The Director of the Agency shall be considered a senior for the purposes of the provisions of Law 5/2006 of April 10, Regulatory Conflicts of Interests of Members of the National Government and the Senior Management General and its implementing provisions, as well as compensation purposes, in accordance with the provisions of matter in the laws of the State Budget.
Article 25. Duties of the Director of the Agency.
1. The executive body of the Agency are the Director the following functions:
a) Carry out the regular direction and management of the Agency, ensuring the achievement of the objectives set out in the Management Agreement and pursuant to the action guidelines set by the Ministry of Development and Ministry of secondment.
b) Prepare the draft Management contract.
c) submit to the Governing Board for approval, annual action plans and the general activity report last year.
d) To prepare the annual accounts of the Agency and propose its approval to the Governing Board.
e) Prepare the draft annual budgets.
f) Run the budget of the Agency.
g) To exercise the initiative for the approval of budget variances by the Minister of Finance and Public Administration, or authorize budget variances, as provided in Article 27.3 of Law 28/2006 of July 18.
h) To organize, monitor, settle and control the application of public prices, fees and charges that are authorized to collect and manage the Agency, in order to achieve effective and responsible management.
i) To exercise supreme authority of all staff of the Agency and the disciplinary authority by resolution of the disciplinary proceedings.
j) To perform internal control functions of the Agency.
k) To provide jobs for the civil servants and employees of the Agency, solving calls for jobs and hiring the staff officer workforce.
l) Develop staffing and the ratio of jobs to the Agency within the framework of action on human resources established in the Management Agreement, and propose its approval to the Governing Board.
m) Develop forecasting staff needs to be incorporated into the annual job of the Agency.
n) propose to the Governing Council the appointment and removal of organs and the rest of management.
o) To approve and commit expenditure as well as recognize and pay obligations, reporting to the Governing Council.
p) To approve increases in spending financed by credit remnant of the previous year, under the terms prescribed in Article 27.4 of Law 28/2006 of July 18.
q) To exercise the powers involving property corresponding to the Agency, without prejudice to the powers conferred to the Governing Board.
r) Develop an inventory of assets and rights of the Agency for annual approval by the Governing Council.
s) decide on matters that affect several operating simultaneously addresses.
t) Promote appropriate coordination with all actors in the railway sector within the scope of its powers.
u) The exercise of the powers referred to in Article 9 of the Statute and other functions in matters of competence of the Agency that have not been expressly assigned to another body is concerned.
v) Exercise such other powers and functions assigned to it by statute and any other applicable rules, as well as those delegated to him, if the President or the Executive Council.
2. They may be delegated in operating bodies, the powers that correspond to the Director, except as provided in paragraphs a), c), d), g), i), j), l), n ), p) and s) and those which by law or by their nature were not susceptible of delegation.
3. Furthermore, the Director of the Agency may evoke for themselves the knowledge of those issues whose resolution may be, ordinarily or by delegation, their dependents administrative bodies, according to the provisions of Law 30/1992 of 26 November.
4. In the exercise of its powers, the Director of the Agency may agree to set up working groups to study and report those matters determined. The agreement of incorporation determine the scope, duration and composition of such groups.
5. In case of absence or illness, the head of the Directorate of the Agency will be replaced by the holders of the operating bodies listed in Article 26.1 of this Statute, in the order listed there.
Article 26. Operating bodies.
1. The operational bodies of the Agency shall be:
a) General Infrastructure Branch, responsible for exercising the functions related to the issuance of security clearances infrastructure managers and their subsequent monitoring, as well as everything related to infrastructure and fixed equipment. In particular it shall perform the functions relating to paragraphs a), b), c), f), g), h) and p) of Article 9.1, in the scope of their duties.
b) General Coordination Branch of the Railway Safety, responsible for exercising the functions related to the issuance of security certificates and licenses railways and subsequent monitoring, ratings candidates other than railway companies, as well as everything related to rolling stock and rail maintenance personnel and their associated centers.
It will also be in charge of overall monitoring of railway safety through safety reports and evaluation of safety indicators. He also perform the functions of the Agency regarding railway operation and safety systems. It will make proposals for regulation in railway safety and coordinate the development of procedures for the technical operation and external representation of the Agency. It will also be responsible for managing the Railway Special Registration and processing procedures for dangerous goods. Specifically, it will perform the functions provided in paragraphs a), c), d), e), g), h), i), j), k), l), m), n), p) shall 9.1, within the scope of their powers and, where appropriate, in cooperation with the Division of Infrastructure and Article 9.2.
2. Furthermore, the Agency will Administration Division, reporting directly to the Director of the same, which will develop tasks to support the management and the Governing Board and management functions that may be assigned.
27. Development article structure.
The Governing Council may develop and define the roles and responsibilities of the organizational units with less than the organs contained in the statute, always in accordance with the provisions therein and in the management contract range.
Article 28. General Principles.
1. The staff of the Agency shall be composed of civil servants and employees. The civil servants are governed by Law 7/2007 of 12 April, the Basic Statute of Public Employees, and other rules governing civil servants in the central government. The workforce is governed by the consolidated text of the Law of the Workers' Statute, approved by Royal Legislative Decree 1/1995 of March 24, and other labor regulations. Also, the staff of the Agency will apply the specialties under Law 28/2006, of July 18, and in this Statute.
2. The jobs may be provided, according to different procedures contained in Articles 19, 20 and 23 of Law 28/2006, of July 18, by personnel of the Central Government or, where appropriate, other public administrations, when so provided in the relevant labor relations.
Article 29. Incompatibilities.
The staff of the Agency shall be subject to the incompatibilities established in Law 53/1984 of 26 December on Personal Service Incompatibility of Public Administration.
Article 30. Selection procedure.
1. In the period specified in the Management Agreement, the Agency shall identify their needs for new personnel to cover on a test. Approved Contract management, forecasting staffing requirements will be incorporated into the proposed annual job of the Agency, which will be integrated into the public job of the Central Government, in accordance with the stipulations of the Law of State Budget.
2. The employees at the service of the Agency shall be selected by bodies own selection, based on the principles of equality, merit, ability and publicity, as well as access to public employment of people with disabilities, in accordance with the provisions of collective agreement that applies.
3. The selection of civil servants, the calls are made by the Ministry to which the Corporation or corresponding, or exceptionally scales by the Agency are assigned by signing the corresponding agreement with the Ministry of Public Works in the case of bodies or attached to the Ministry scales.
Article 31. Management of jobs.
The Agency will have its own plan and related jobs, adopted by the Governing Council, within the framework of action, human resources, established in the Management Agreement.
In general, the jobs will be filled by career civil servants. Likewise, relations jobs indicate the positions