User Agreements.

One of the conditions for actions that are financed or operated is that there must be a specific signed agreement in place between Aguas de las Cuencas Mediterráneas and the users or beneficiaries.

The agreements will contain the description of the action, the parties’ stakeholding, the determination of the financial arrangements for the action (specifying sources of finance), the system for determining rates, the payment method and the corresponding guarantees.

Duties.

Aguas de las Cuencas Mediterráneas, in its capacity as a company with a single shareholder in the semi-private business sector as set out in article 132 of the revised text of the Spanish Water Law, performs the following duties:

• Material management of public hydraulic infrastructures under the jurisdiction of the Ministry for Agriculture, Food and the Environment of Spain and, especially, infrastructures of general interest that, in compliance with the provisions of Spanish Law 11/2005, which modifies Spanish Law 10/2001, n the National Hydrological Plan, are created to replace those provided originally to transfer hydrological resources authorised by article 13 of the aforementioned Law 10/2001.
• The Board of Directors has entrusted AcuaMed with the execution and/or operation via direct management or procurement, through the latter, of public hydraulic infrastructures contained in the Additional Clause to the Direct Management Agreement for actions for:
  • Increasing the availability of water resources.
  • Improving management of water resources.
  • Improving water quality, flood prevention and restoration of the environment.
• Managing contracts and agreements that are signed regarding the above duties.

Contracts

ACUAMED, Aguas de las Cuencas Mediterráneas, S.A., has a system for awarding contracts in accordance with its status as a trading company in the public sector with the consideration of contracting authority.

ACUAMED contracts are of a private nature and are governed, as regards drawing up and award, in the absence of specific regulations and with the exceptions set out by law, by the revised text of Spanish Contract Law for the Public Sector and, as regards effects and termination, by private law.

ACUAMED provides its Internal Procurement Instructions for anyone interested in participating in the tender award procedure for contracts included in the scope of application of the revised text of Spanish Contract Law for the Public Sector that are not subject to harmonised standards. All other contracts are governed, as indicated, by the harmonised standards set out in the law.

In accordance with articles 53 and 334the revised text of Spanish Contract Law for the Public Sector, the way in which the ACUAMED contractor profile located on the State Tenders Platform can be accessed is hereby published.

The data that appears on this ACUAMED website is for information, without prejudice to being supported on a device that allows reliable accreditation of the moment when the information included is publically disseminated. The ACUAMED contractor profile is integrated on the State Procurement Platform so that any announcements and information are published as set out by law.

Direct Management Agreement

The Sociedad Estatal Aguas de las Cuencas Mediterráneas, S.A. (Acuamed) Direct Management Agreement establishes the list of public hydraulic infrastructures that the Ministry for Agriculture, Food and the Environment of Spain has entrusted to Acuamed for development, building or operating. This list was amended to adapt it to social interest in certain entrusted actions.

The amendment to the Direct Management Agreement currently in effect is number 2, approved and authorised on 29 September 2005. It has eight addenda approved from 2007 to 2015.

Regulations.

Acuamed, in accordance with its status as a trading company in the public business sector, is governed by private law except in the areas where budget, accounting, financial control and procurement regulations apply to it. The main benchmark regulations for Acuamed are as follows:

• Spanish Royal Legislative Decree 1/2001, of 20 July, by which the revised text of Spanish Water Law is approved. Article 132.
• Spanish Law33/2003, of 3 November, on Assets belonging to Public Administrations. Title VII
• Spanish Royal Legislative Decree 1/2010, of 2 July, by which the revised text of Spanish Corporate Law is approved.
• Spanish Law 47/2003, of 26 November, General Budget. Articles 2 to 4 and concordant articles
• Spanish Royal Legislative Decree 3/2011, of 14 November, by which the revised text of Spanish Contract Law for the Public Sector is approved.
• Spanish Law 19/2013, of 9 December, on transparency, access to information and good governance.