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an administrative dispute is brought against the new railway line project from Manacor to Arta for being based on a misguided law has not been applied

Alternative to Rail Association - Red Llevant Mobility has filed an administrative appeal against the decision of Government council of the Ministry of Transportation and Planning dated 27.11.2009 on the desetima the appeal lodged against the decision of the Governing Council dated August 28, 2009 on final approval of the project " Reopening of the railway station: Link - Arta. Phase II: Manacor-Arta "and declaration of emergency occupation of the affected land for expropriation necessary.

In the administrative appeal asked for the nullity and we argued that the legislation behind this project stems from an erroneous basis of a law wrong. In fact, the Government of Balearic Islands has not legislated on railway.

was not until Dec. 22 to receive the notification of dismissal of the appeal by the Ministry of Transportation and Planning, and later in the process, and after having asked for a certificate of administrative silence. The answer given to us by the Ministry of Transportation and Land Management (now called Mobility and Environment) is unsatisfactory because there is no argument about the law on which it relies to justify the project is limited to explaining the laws of expropriation process. The Association

Alternative the train seems sad and unpleasant to have to come to court. Unfortunately the lack of rigor in justificaión and suitability of the project and in the administrative process does not leave us no choice. We expected that a government which boasts of being transparent and dialogue would have responded to the many letters we have sent both the President and the Parliament, but it seems that none is interested in self-criticism on this project. Only a few deputies and heads of Business Development and the State Government we have responded indicating that this issue was not of their competence. Also hoped that a government has to worry about all the citizens were a little interested and aware of the reasons we have to be against this project.

wish you also remind you that we bring you a dossier with the documentation we have gathered on this project to reopen the rail line Manacor - Arta, which indicate all the reasons that this project has no justification and no consensus. It can be downloaded (2.6 M) in http://alternativaaltren.balearweb.net/get/53850-DossierTrenNoManacorArtacopia.pdf

In the dossier explain who we are, people of all sorts and conditions, some affected by expropriation and other not, but if affected by not having a public transport efficient. And most people are concerned about environmental destruction in the region of Llevant, because of these macro infrastrurcturas pharaonic public disproportionate and lack of efficient public transport.

We made sure that the report was easy to read, being written with integrity and being referenced each of the words. I appreciate

reflect on this project with so many irregularities, many faults, rigor and justification.

Association's intention to train alternative is to stop this project and really bet by public transportation, friendly nature that is truly sustainable and competitive with the car.

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appropriate regulations to train project-Manacor Arta

Chronology of events

1977. FEVE In 1977 the line closed Empalme Inca - Arta for a deficit. This whole working line. There was never trains only to Manacor Arta.

1993. For the RD 2232/93 were transferred to the Autonomous Community of the Balearic Islands skills in transport by rail, hitherto attributed to the stage moments.

1994. Year 1994 establishing a public company SFM (Rail Services de Mallorca) to manage rail operations in the Balearic Islands.

2000. Between 2000 and 2004 seasons SFM remodeling and promotes the works for the reopening of the line-Artà Relay Station.

2002. We performed the study of alternative designs of the line Manacor - Cala Ratjada with cost and feasibility analysis in October 2002 prepared by INTRAESA 2002 SFM. This study was never made public.

2003. The year 2003 was inaugurated the first phase of Link-Manacor station. Without the Transport Sector Master Plan and without any of the Railway Act for having assumed the powers.

2004. The Planning Commission of the Balearic Islands, in session on March 17, 2004, approved the Law no RGE proposció No. 2308/03 on the rail joint project with the reopening of the route -Manacor Arta and expansion path to Cala Ratjada and Cala Millor.

2006. On April 28, 2006 the Governing Council approved a proposal from the Ministry of Works, Housing and Transport Decree Transport Sector Master Plan of the Autonomous Community of the Balearic Islands (PDSTIB). The PDSTIB includes a term of eight years (2005-2012) and is framed within the Regional Planning Guidelines (DOT). According to the Plan of Railway Tranports Balearic Islands, there is talk of opening the railway corridor Manacor - Cala Ratjada.

2009. On August 28, 2009 the Governing Council adopted the draft reopening only Manacor-Arta, regardless all project to Cala Ratjada and Cala Millor up, even though they had submitted al.legacions in this regard. This line, and presents the project, it has to go through to Inca and Palma. We consider that the project is half done and does not cover the entire Master Plan referred to in the Transport Sector. The project is made without any of the Railway Act to have assumed the responsibilities.

Laws applicable to the works. Mobility counseling bill is wrong

The first phase-Manacor Arta is based on Law 39/2003 and Decree 2387/2004 and does not account of the decree law 16/1987 and 1211/1990, which are in force because not all articles have been repealed by Law 39/2003 and because the Balearic Islands, with the powers, has not legislated on rail. The purpose of the Act 39/2009 is the regulation, within the jurisdiction of the state of rail infrastructure and the provision of railway services and refers to the General Interest Railway Network (RFIG).

" The General Interest Railway Network consists of rail infrastructure essential to ensure a common rail system throughout the State, or whose administration is necessary for the proper functioning of the common transport system, such as those related to international trafficking routes, which link the different regions and their connections and access to major population centers and transportation or essential facilities for the economy or national defense.

The General Interest Railway Network consists of all railway infrastructure managed by RENFE, before his conversion on January 1, 2005.

Decisions on inclusion or exclusion of rail infrastructure in the RFIG must be approved by the Minister of Development, the report of the affected regions, where justified for reasons of general interest. The Autonomous Communities may request the transfer of infrastructure agreed to exclude from RFIG.

The Council of Ministers proposed by the Minister of Public Works may order the closure of lines or sections of rail infrastructure when the economic performance of their operation is highly deficient . "

understand property lines that are not owned by SFM RENFE therefore not part of the General Interest Railway Network and therefore need not affect the application of Law 39/2003. Although from the Ministry of Transportation and Regional Planning deny it.

The year 1987 was when the train passed the law. The year 1987 had not yet transferred the powers of railway autonomy. The powers were transferred in 1993. And in 2003 it became the law of the rail, apply to the General Interest Railway Network. It is therefore legitimate to conclude that the law to be applied in Mallorca railway material is 1987, since it is not entirely repealed.

addition, the entire path of Manacor - Cala Ratjada, the journey to Cala Ratjada Arta and the party needed to come to Cala Millor is newly created so we understand that it has to apply Law 16/1987 and Article 157 which speaks of the creation of new linees, because the Manacor - Arta is only part of Manacor - Cala Ratjada, and is not RENFE or RFIG therefore can not apply the law 39/2003:

" Article 157. 2. There shall be no establishment of the lines referred to above, where any of the following circumstances: b) That the construction and operation do not arise in economic terms and financially viable, and socially profitable. "

needed remember that in late 1985 ordered the closure of unprofitable linees, meaning those that revenue deficit did not reach the 23% of its maintenance.

line Inca - Manacor had closed before 1977.

If 1985 was closed more than 900 km of roads is normal for the year 1987 when it passed the law spoke only of new track and not reopening existing roads since they had just closed.

Another problem is that the reopening of the train-Manacor Arta only refers to the phase I of the overall project to Cala Ratjada, and does not consider the project to Cala Ratjada as a whole. We can consider the environmental impact report is only partial in Arta and has not been taken into account the environmental impact that will have the entirety of the line to Cala Ratjada.

believe the first thing you should do is look at the line Manacor - Cala Ratjada (With step by Cala Millor) as a whole. And from here to relevant feasibility studies social, economic and environmental impact. Not make sense to split the project, because if the phase II to Cala Ratjada and Cala Millor is not feasible, as it is not to Arta, and does not exceed the environmental impact report, the construction of the railway in Arta no sense but does not reach the coast where there is most of the population of the East of Mallorca. alegacions The project received the respect by the GOB .

Plan no rail transport highlights and prioritizes the reopening of the line-Manacor Arta, in contrast, specifies that the line Manacor, Cala Ratjada is the one that has less potential demand compared to other railway lines outlined in the plan.

Balearic Islands have not yet legislated on railway autonomy unlike some who also have the powers transferred

Some regions with expertise in the area ceded railway have brought their own legislation rail, while Balearic not legislated on rail. Catalunya (Law 4 / 2006 of March 31, rail) Basque Country (Law 6 / 2004), Andalusia (Act 9 / 2006), have created their own laws on railways since they have the skills and the Balearic Islands have not legislated, when they should have done.

In the Balearic Islands there is no legislation on railways, as there are in other regions, although the ORGANIC LAW 1 / 2007 of 28 February, to reform the Statute of Autonomy of the Balearic Islands, specifies that Balearic Islands have competition from railroads.

train Alternative Association calls for a comparative study of methods

Alternative to Rail Association, believes that before wasting more than 200 million euros it costs to reopen the line-Manacor Arta, going only by Sant Llorenç, Son Carrio Son Servera and Arta, you should make a study of public transport global coverage of the entire region of the Levant.

is necessary to study the union by public transport to over 20 villages of the Levant, before wasting 200 million euros to unite only 5 points of population, considering that there have been no relevant studies of social or economic viability of the project. be reminded that this train left without coverage for more than 75% of the population living on coastal communities.

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alternative to the train comes in contact with the Audit Office to ask to investigate the legal and economic feasibility of railway

The website Audit Office of the Balearic Islands explained that the Statute of Autonomy includes the Trustee as the controlling body of the powers of the Autonomous Region, and attributed the role of external audit of economic, financial and public sector accounting in the Balearic Islands. The purpose of the audit function is to achieve better management of public funds, in order to achieve their managers to use them in accordance with the principles of legality, effectiveness, efficiency and economy.

According to the analysis made the Alternative to the Railway Association project to reopen the railway -Manacor Arta, it does not comply with the principles of legality, effectiveness, efficiency and economy.

• Train-Manacor Arta not comply with the rule of law for the following reasons:

• The project is null and void because it is of general interest and there is no need for the occupation is urgent, since the motivation is not based on an inescapable necessity.

• There is no technical report to justify the extraordinary importance of this work and this is not justified you have to go to the emergency occupation.

• The regulations apply to the Balearic Islands is unclear.

• Train-Manacor Arta not fulfill the principle of effectiveness because it achieves the objectives of mobility: Dota

• a temporary station in Manacor and does not connect to the station that links to Palma Manacor.

• does not cover the entire project Manacor - Cala Ratjada spoken in Railway Transport Plan.

• not reach the coastal areas, so coverage leaves most of the population and visitors to the Levant.

• -Manacor Arta The train does not comply with the principle of efficiency because it's not a rational nor the means nor the resources:

• There is not a sufficient number of passengers to justify the economic cost.

• does not take into account the duplication of forms of transport (bus and train) to achieve global coverage in a small space.

• Build two railway workshops instead of one as was contemplated in the first draft occupying more land and using more resources.

• Transport by train is longer than the bus transportation for most trips (eg Arta - Manacor, Son Servera - Manacor Arta - Palma, Son Servera - Palma) since passengers must travel more miles currently going by train going by bus.

• -Manacor Arta The train does not comply with the principle of economic efficiency:

• The Department of Transportation has produced no economic feasibility study showing that the train-Manacor Arta complies with the economic efficiency compared to other mode of public transportation more economical and efficient.

If you want to enter into a deeper analysis of the criteria considered by the Association Alternative to train with the appropriate references, you can consult this document http://alternativaaltren.balearweb.net/get/53850- DossierTrenNoManacorArtacopia.pdf

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Ar Manacor-Porto Cristo "Train to from Son Carrio?

On Saturday, January 9, 2010 Diari Dbalears and Ultima Hora , published a story about the path that is looking to bring the train to Porto Cristo from Son Carrio. This news has made us ask questions:

• Why the CAIB page does not explain anything about this?
• Why has not been published in the study els BOIB path towards Porto Cristo? The study of the path towards Cala Ratjada if published in the BOIB.
• "This notice is to justify the railway workshops Carrio Son? Workshops that the first project were located in Arta, the only place where they could be because they had to be located near a channel of communication for high density carrretera.
• Would not it be logical that if you want to do a train to come out of Manacor Porto Cristo, Manacor and that more people are moving to Porto Cristo?
• Why Porto Cristo people who want to go to Palma by train would pass by Son Carrio and Sant Llorenç?

This is the outline of the interpretation of the news. In yellow you can see the road and Ma Ma-4022-4020 referred to the news. And in red you can see the outline of the train path which is deducted from the news.




Alternative to Rail Association - Network of Llevant Mobilitat build trains believes that destroys the land and would be more sustainable put a good network of buses that use the existing infrastructure. People concerned about the destruction of the territory of Llevant can contact the Association Alternative to train for more information (alternativaaltren@gmail.com). Pharaonic only stopping this train project Artà can avoid destroying more land to Son Carrio Arta Porto Cristo and Cala Ratjada.