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Royal Decree 1405 / 2007, Of October 29, On Transfer Of Functions And Services Of The Government To The Generalitat De Catalunya Regarding The Allocation Of The Isbn (International Standard Book Number), Issn (International Standard...)

Original Language Title: Real Decreto 1405/2007, de 29 de octubre, sobre traspaso de funciones y servicios de la Administración del Estado a la Generalitat de Cataluña relativas a la asignación del ISBN (International Standard Book Number) y del ISSN (International Standar...

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TEXT

The Spanish Constitution in its article 149.2 states that, without prejudice to the powers that the Autonomous Communities may assume, the State shall consider the service of culture as duty and essential attribution and shall facilitate cultural communication between the autonomous communities, according to them. For its part, the Statute of Autonomy of Catalonia, reformed by the Organic Law 6/2006, of July 19, establishes in its article 127.1.a) First, that it corresponds to the Generalitat the competition in matter of culture. This competence, however, includes in any case the artistic and cultural activities carried out in Catalonia and includes measures relating to the production, distribution of books and periodicals in any event. support, as well as the management of the legal deposit and the granting of the identification codes. On the basis of these constitutional and statutory provisions it is appropriate to carry out the transfer of functions and services of the State Administration to the Generalitat de Catalunya in the field of culture, relating to the allocation activities, cataloging and information related to the granting of the International Standard Book Number (ISBN) and the ISSN (International Standard Serial Number). Royal Decree 1666/1980, of 31 July, determines the rules and procedure to be followed by the transfer of functions and services of the State Administration to the Generalitat of Catalonia. In accordance with the provisions of the royal decree cited above, which also regulates the operation of the Joint Transfer Commission provided for in the second transitional provision of the Statute of Autonomy of Catalonia, the Commission adopted Meeting of 13 September 2007, the appropriate agreement, the practical virtue of which requires its approval by the Government through royal decree. In accordance with the provisions of the second transitional provision of the Statute of Autonomy of Catalonia, on a proposal from the Minister for Public Administrations, and after deliberation by the Council of Ministers at its meeting on 26 March. October 2007,

D I S P O N G O:

Article 1.

The Agreement of the Joint Commission provided for in the second transitional provision of the Statute of Autonomy of Catalonia, on the transfer of the functions and services of the State Administration to the Generalitat of Catalonia, is approved relating to the allocation, cataloging and information activities related to the granting of the International Standard Book Number (ISBN) and the ISSN (International Standard Serial Number) allocation codes, adopted by the plenary session of the said Commission at its meeting on 13 September 2007, and which transcribe as an annex to this royal decree.

Article 2.

Consequently, functions and services are transferred to the Generalitat of Catalonia, as well as the budgetary appropriations in the terms that result from the Agreement itself and from the annex number 1.

Article 3.

The transfer to which this royal decree refers will be effective from the day indicated in the agreement of the aforementioned Joint Commission, without prejudice to the Ministry of Culture and the Autonomous Agency until then, where appropriate, produce the administrative acts necessary for the maintenance of the services in the same system and level of operation as they were at the time of the adoption of the agreement.

Article 4.

The budgetary appropriations to be determined in accordance with the Annex's No 1 ratio shall be given on the basis of the concepts of origin and transferred by the Ministry of Economy and Finance to the concepts set out in the Annex. Section 32 of the General Budget of the State, intended to finance the cost of the services undertaken by the Autonomous Communities, once they are referred to the Department, by the Office for the Budget of Culture and the Service corresponding to the National Library, the respective certificates of credit retention, to comply with the provisions of the current regulations on the General Budget of the State.

Single end disposition. Entry into force.

This royal decree will be published simultaneously in the "Official Gazette of the State" and in the "Official Journal of the Government of Catalonia", taking effect the day following its publication.

Given in Madrid, 29 October 2007.

JOHN CARLOS R.

The Minister of Public Administration, ELENA SALGADO MENDEZ

ANNEX

Dona Pilar Andrés Vitoria and don Jaume Vilalta I Vilella, Secretaries of the Mixed Commission Intended in the Second Transitional Provision of the Organic Law of Reform of the Statute of Autonomy of Catalonia,

CERTIFY:

At the plenary session of the Joint Committee held on 13 September 2007, an Agreement was adopted on the transfer to the Autonomous Community of Catalonia of the functions and services of the State Administration concerning the The International Standard Book Number (ISSN) and the ISSN (International Standard Serial Number) are assigned in the following terms:

A) Reference to constitutional and statutory rules for the transfer.

The Spanish Constitution in Article 149.2 states that, without prejudice to the powers that the Autonomous Communities may assume, the State shall consider the service of culture as essential duty and attribution and shall facilitate cultural communication between the autonomous communities, according to them. For its part, the Statute of Autonomy of Catalonia, reformed by the Organic Law 6/2006, of July 19, establishes in its article 127.1. a) First, which corresponds to the Generalitat competition in the field of culture. This competence, however, includes in any case the artistic and cultural activities carried out in Catalonia and includes measures relating to the production, distribution of books and periodicals in any event. support, as well as the management of the legal deposit and the granting of the identification codes. Finally, the second transitional provision of the Statute of Autonomy of Catalonia and Royal Decree 1666/1980 of 31 July, regulate the operation of the Joint Commission of Transfers, as well as the way and conditions to be adjusted by the transfer of functions and services from the State Administration to the Generalitat of Catalonia. On the basis of these normative provisions, the transfer of functions and services to the Autonomous Community of Catalonia, in the field of culture, relating to the allocation, cataloguing and information activities related to the granting of the identification codes for books (ISBN) and periodicals (ISSN).

B) Functions assumed by the Autonomous Community of Catalonia

The Autonomous Community will exercise, within its territorial scope, the following functions as regards the granting of the ISSN and ISSN identification codes, the State Administration was carrying out.

1. With regard to the allocation of the ISBN: (a) The functions of reception, verification, validation and, where appropriate, the return of the applications of the ISBN numbers by publishing companies based in Catalonia.

(b) Information and attention functions to those concerned with the functions of the receiving, checking, validation and return of the ISBN in the territory of the Autonomous Community. c) The control of the ISBN forms referring to publishing companies based in Catalonia. d) The reception, verification of the pre-assignment referred to in point C. 1d), validation and notification of the numbers in the case of author-editor located in Catalonia. e) The issuance of certificates requested by the publishers as well as the organization and custody of the file of the same. The Generalitat de Catalunya will forward to the State Administration the digital copy of the forms of the editors ' requests.

2. In the field of cataloging the ISBN:

(a) Writing and introduction on the basis of data from the Agency of the ISBN for bibliographic entries based on the requests of the editors (cataloging and classification), referring to publishing companies based in Catalonia.

b) Creation and maintenance of the file of authorities (accepted forms of persons, entities, congresses and collections) referring to publishing companies based in Catalonia. (c) The functions of information and attention to data subjects on the cataloguing functions of the ISBN in the territory of the Autonomous Community.

3. In the field of information from the ISBN: Information on the functions carried out and attention to the general public.

4. These functions shall be carried out in accordance with the rules established by common agreement between the Agency and the body of the Government of Catalonia which takes up the duties, in accordance with the rules, the current contract and the guidelines of the International Agency of the ISBN. 5. In relation to the allocation of ISSN to companies and entities located in Catalonia:

a) The receipt of requests from the editors.

b) The selection of titles entering by Legal Deposit that is considered to be of interest the assignment of the corresponding ISSN. (c) the collection of information relating to securities. (d) validation and verification of all documentation. (e) the receipt and verification of the pre-allocation referred to in point C. 7, as well as the validation and notification of the numbers. f) The cataloguing of the periodicals with ISSN assigned, according to the Marc21 format for serial publications and following the specifications of the Spanish ISSN Center.

The Generalitat de Catalunya will forward the records corresponding to the periodicity established by agreement to the Spanish ISSN Centre.

6. These tasks shall be carried out in accordance with the rules laid down by common agreement between the Spanish ISSN Centre and the Government of Catalonia body which takes up the duties, in accordance with the rules, in force and in accordance with the provisions of the guidelines of the ISSN International Centre.

C) Functions and services that continue to correspond to the State Administration.

The following functions will continue to be exercised by the corresponding organs of the State Administration:

In relation to the ISBN: 1. In relation to the allocation: a) Maintenance of the ISBN database, in accordance with the rules and guidelines of the International ISBN Agency.

b) Administration of the quota of prefixes ISBN awarded by the International Agency of the ISBN. c) Allocation of editorial prefixes. d) The pre-assignment of a collective prefix number to the publisher. e) Maintenance of the editorial file. (f) Monitoring of the validation carried out on the applications for ISBN, in accordance with the rules and guidelines of the ISBN Agency, and in accordance with the rules laid down in paragraph B) 4. to this Agreement. (g) Monitoring of the forms-type of the ISBN application, in accordance with the rules laid down in paragraph B) 4. to this Agreement.

2. In relation to the cataloging and in accordance with the rules laid down in paragraph B) 4. to this Agreement:

a) Tracking the bibliographic entries for error purging and unified treatment.

b) Follow-up to the cataloging carried out on the ISBN applications, in accordance with the rules and guidelines of the ISBN Agency.

3. In the field of information:

a) Information about the Spanish Agency ISBN, its scope, its functions, the databases it produces and attention to the general public.

b) Online publication of the single ISBN database in order to maintain the information on the ISBN published in Spain in a single homogeneous source.

4. Drafting of guidelines and regulations concerning the application of the ISBN in the field of responsibility of the Spanish Agency.

5. Organization and custody of the single file of the Spanish Agency ISBN. 6. Coordination and dialogue relations with the International Agency of the ISBN. In relation to ISSN:

7. The pre-allocation of the ISSN numbers to the serial publications of Catalonia.

8. Submission of the bibliographic records of the serial publications to which ISSN has been assigned to the ISSN International Center. 9. Drafting of guidelines and regulations concerning the implementation of the ISSN system in the field of responsibility of the Spanish ISSN Centre. 10. Coordination and dialogue with the ISSN International Centre.

D) Concurrent and shared functions between the State Administration and the Generalitat and institutional forms of cooperation.

The State Administration and the Generalitat de Catalunya, by means of a signed agreement to the effect, will coordinate the functions in their respective areas of action in relation to the allocation, cataloging and information as well as the technical assistance, advice and cooperation.

E) Goods, rights and obligations that are transferred.

The Ministry of Culture must provide remote access to the database as well as the adaptation to Catalan of both paper forms and the telematics application on the website from where it is accessed and therefore adapt the IT application, if it does not have this functionality, since the database will be shared.

F) Documentation and records of the functions and services that are transferred.

The delivery of the documentation and files of the services being transferred will be made within three months of the publication of the Royal Decree approving this agreement, in accordance with the provisions of the Article 8 of Royal Decree 1666/1980 of 31 July.

G) Valuation of the financial burdens of the functions and services transferred.

1. The provisional valuation of the base year 1999, which corresponds to the actual cost of the means allocated to the services transferred, amounts to EUR 129,240.51. This assessment will be reviewed in the terms laid down in Article 16.1 of Law 21/2001 of 27 December 2001 regulating the tax and administrative measures of the new system of financing of the Autonomous Communities. 2. The financing, in euro 2007, corresponding to the annual effective cost of the means that are transferred, is detailed in the attached ratio number 1. 3. Transitional, pending the revision of the Sufficiency Fund as a result of the incorporation of the cash for the transfer at the same time, this cost will be financed through consolidation in Section 32 of the General of the State, of the appropriations relating to the various components of this cost, for the amounts to be determined, which are subject to updating by the general mechanisms provided for in each Budget Law.

H) Transfer effectiveness date.

The transfer of functions and services covered by this Agreement will be effective from 1 January 2008.

And for the record we issued this certification in Madrid, to 13 September 2007. -The Secretaries of the Joint Commission, Pilar Andrés Vitoria and Jaume Vilalta i Vilella.

EFFECTIVE COST ASSESSMENT OF ISBN AND ISSN HANDOVER

Total Chapter II

Article 16

EUROS 2007

Ministry of Culture 24.

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ISBN Cost:

Chapter I:

Article 12

32,712.00

Article 13

22.892.00

Article 16

14.966.00

Total Chapter I

70,570.00

Chapter II:

Article 21

5,419,26

Article 22

10.958,

16.377.53

Chapter VI:

Article 62

1,760, 45

Article 64

89.570.25

Total Chapter VI

91.330.70

Total ISBN Cost

178.278.23

National Library 24.

Article 12

22.913.26

1.412.55

Total Chapter I

24.325.81

II:

Article 21

3.392.18

Article 22

7.436.62

Article 23

602.37

Total Chapter II

11.431.17

Total ISSN Cost

35.756, 98

Total Effective Cost

214.035, 21