Division of ADIF to create a new entity for high speed train infrastructure

27 January 2014

Last Wednesday, January 22nd 2014, the Spanish parliament approved the Royal Decree-Law 15/2013 of December 13th 2013, about restructuration of the public corporation “Administración de Infraestructuras Ferroviarias” (ADIF) and other urgent measures in the economic order. This Royal Decree-Law establishes the separation of ADIF into two legal entities: on one side, ADIF-Alta Velocidad, for the high speed trains, and, on the other side, ADIF, which will be in charge of the conventional train lines.

Since the coming into force of the Law 39/2003 of November 17th 2003, about the rail sector, until today ADIF managed all the train lines, stations, means of communication and other infrastructures of the Spanish territory, and for this service it received a consideration from RENFE Operadora, among other entities, which is the other Spanish public corporation in charge of providing transport services for travelers and goods.

From 1941 until the coming into force of the Law 39/2003 both public corporations (RENFE Operadora and ADIF) were part of the State Corporation RENFE.

The creation of a new corporation ADIF-Alta Velocidad was required in order to specialize the two Railway Infrastructures Corporations, according to the Explanatory Memorandum of the Royal Decree-Law.

The new Royal Decree-Law 15/2013 foresees the creation of the new public corporation ADIF-Alta Velocidad, and modifies some Articles of the Rail Sector Law 39/2003, the Budget Law RCL 2003/2753 and the Hydrocarbons Law 34/1998. The legal status of this new entity will be the following:

  • It will be established as a public corporation and, therefore, subject to articles 53 and following of the Law 6/1997 about the Functioning of the Organization and Functioning of the General State Administration (LOFAGE) and what it is stipulated in the statute.
  • The corporation will supersede ADIF’s position in all responsibilities and charges related to:

             o Administration
             o Record of expenses
             o Contracts regarding high speed facilities

  • The workers on the fields related to high speed trains will work for the new society. (art 1.3 RDL 15/2013)
  • ADIF and ADIF-Alta Velocidad will share the figure of the President and the Secretary of the management board (art 1.4 RDL 15/2013)
  • ADIF-Alta Velocidad will have its own budget (art 1.5 RDL 15/2013)
  • ADIF and ADIF-Alta Velocidad will be allowed to establish collaboration agreements between them to fulfill their tasks.
  • The financial statements of 2013 will be expressed separately for ADIF- Alta Velocidad and ADIF.
  • Regarding the Company’s funding, both ADIF-Alta Velocidad and ADIF can be financed by the resources of article 23 of the Law 39/2003 of the Rail Sector and additionally they will be allowed to receive current and capital transfers from the General State Budget and other public administrations.

For further information, please contact Philipp von Wolffersdorff: phwolffersdorff@mmmm.es