Public Information

Today we have published the following public information that can be accessed at these links:

Hearing for the formulation of statements.
- Proposed regulation for determining railway charges
- Hearing process on the regulatory proposal for the determination of railway fees
Public information on expropriations, studies, and projects:
- Public information on Expropriations
- Public information on Technical studies and projects
Public information on ordinary environmental impact assessment
- Public information on projects and environmental impact studies

Public information on hearings, expropriations, studies and projects

The Spanish Constitution, in its Article 33, recognizes the right to private property and inheritance, the content of which will be delimited by their social function, and that no one can be deprived of their property and rights except for a justified cause of public utility or social interest, through the corresponding compensation and in accordance with the provisions of the law.

In order to guarantee the rights of citizens with regard to the actions of the public authorities, the procedures for citizen participation through public information processes have been established, in compliance with Articles 18 and 19.1 of the Forced Expropriation Act, of 16 December, 1954, and associated articles of its Regulations (Decree of 26 April 1957).

Draft regulation for determining railway charges. Compliance with the active advertising process provided for in Articles 5.4 and 7.c) of Law 19/2013, of December 9, on transparency, access to public information and good governance

In compliance with the provisions of Articles 5.4 and 7.c) of Law 19/2013, of 9 December, on transparency, access to public information and good governance, the draft regulation on the determination of railway charges of the public business organisation Administrador de Infraestructuras Ferroviarias (Adif), which has been submitted for the opinion of the Standing Committee of the Council of State, in accordance with the provisions of Article 22.3 of Organic Law 3/1980, of 22 April, of the Council of State, is hereby published.

Draft regulation for determining railway charges

Explanatory report on the draft regulation for determining railway charges

Hearing on the regulatory proposal for the determination of railway fees

Article 96.1 of the Rail Sector Act 38/2015, states that the use of rail infrastructure and service facilities owned by the general rail infrastructure managers shall give rise to the collection of public non-taxed economic benefits as regulated in Articles 97 and 98 of said Act, which shall be called railway fees. These will be determined by the rail infrastructure managers according to the provisions of Article 100 of the Rail Sector Act, and will be approved through a Regulation adopted by its Board of Directors to be published in the "Official State Gazette" of Spain and incorporated into the Network Statement.

On the other hand, regarding the procedure for approving the regulatory proposal for setting rail charges, its annual amendments and exceptional revisions, Article 100.2 of the Rail Sector Act stipulates that the proposal shall be published on the infrastructure manager's website in order to hold a hearing, over a non-extendable period of fifteen calendar days, for the affected citizens and obtain any additional input from other persons or entities.

Likewise, it is established that, during this same fifteen-calendar-day period, the proposal shall be communicated to the parties liable to pay the fees, in accordance with Articles 97.2 and 98.2 of the Railway Sector Act, and to the Autonomous Communities, which may submit the corresponding report before the end of the aforementioned fifteen days.

By virtue of the above, and in line with the provisions of Article 100.2 of Law 38/2015, of 29 September, on the railway sector, the Presidency of the public business entity Administrador de Infraestructuras Ferroviarias (Adif), has adopted the following resolution, in accordance with the provisions of Article 100.2 of the Railway Sector Act:

The hearing procedure shall be initiated for a non-extendable period of fifteen calendar days from the day after the publication of this resolution on the website of Administrador de Infraestructuras Ferroviarias (Adif), so that any natural and legal person may make any comments or suggestions they deem appropriate and all interested parties may make statements and submit the documents and justifications they deem relevant on the proposal attached to this resolution.
The statements, documents and justifications considered appropriate for submission regarding the regulatory proposal for the determination of railway fees must be submitted through the Adif electronic site, via the Requests, Written Submissions and Communications (General Instance) procedure, stating "Statements regarding the proposed Regulation for the determination of railway fees".
The proposed Regulation for determining railway fees will be available to interested parties at the following links.

Date of publication: 25 December, 2023

Draft Regulation

Explanatory report

Adif electronic headquarters

Public information on technical studies and projects

Adif's public information process, prior to the approval of a project to declare the need to occupy the assets and rights affected by its execution, so that anyone can provide the appropriate data in writing to rectify possible errors in the relationship that is published in the advertisement or oppose, for reasons of substance or form, the need for occupation.