Article 150.2 of the Constitution provides that the State may transfer to the Autonomous Communities, by means of Organic Law, powers corresponding to matters of State ownership which by their very nature are susceptible transfer.

Organic Law 6/1997, of 15 December, of Transfer of Executive Powers in Matters of Traffic and Circulation of Vehicles to Motor to the Autonomous Community of Catalonia, establishes, in Article 1, the transfer of the powers of implementation of the State's legislation in this field to the Autonomous Community of Catalonia. It also provides in Article 3 that this Joint Committee will determine, in the form of regulation, the personal, material and budgetary resources to be transferred to the Autonomous Community for the proper exercise of such means. powers.

Finally, in the single transitional provision, the timetable is established according to which the exercise of the functions of traffic surveillance in the interurban roads will be assumed by the traffic units of the Police of the Generalitat-Mossos d' Esquadra, corresponding to the province of Girona in 1998.

In its implementation, the transfer of the functions that the State Administration has been developing in the field of traffic and circulation of motor vehicles, and in particular the personal, material and budgetary means, proceeds corresponding to the province of Girona.

the Joint Committee provided for in the sixth transitional provision of the Statute of Autonomy of Catalonia, in order to proceed with the transfer, adopted the appropriate agreement at its plenary session on 25 June. February 1998, the practical virtue of which requires the Government to approve it by way of Royal Decree.

In its virtue, in compliance with the provisions of the transitional provision sixth of the Statute of Autonomy of Catalonia, on the proposal of the Minister of Public Administrations and after deliberation of the Council of Ministers at its meeting on 13 March 1998,

D I S P O N G O:

Article 1.

The agreement of the Joint Committee provided for in the sixth transitional provision of the Statute of Autonomy of Catalonia, adopted by the plenary on 25 February 1998, is approved by the agreement of the Generality of Catalonia services and functions in the field of traffic and movement of motor vehicles, and which is reproduced in the Annex to this Royal Decree.

Article 2.

Consequently, they are transferred to the Generality of Catalonia, the services and functions, as well as the goods, rights and obligations, personal means and corresponding budgetary appropriations, in the terms that result from the Agreement and the annexed relations.

Article 3.

The transfer referred to in this Royal Decree shall be effective from the date specified in the Agreement of the said Joint Committee, without prejudice to the fact that the Ministry of the Interior, or other competent bodies, produces, until the entry into force of this Royal Decree, where appropriate, the administrative acts necessary for the maintenance of the services in the same regime and level of operation as they had at the time of the adoption of the Agreement, until the date of entry into force of the Agreement.

Article 4.

The budgetary appropriations to be determined in accordance with the Annex's ratio No 3, shall be given on the basis of the corresponding budgetary concepts and transferred by the Ministry of Economic and Financial Affairs to the These concepts are set out in Section 32 of the General Budget of the State, which are intended to finance the cost of services undertaken by the Autonomous Communities, once they are referred to the Department by the Budget Office. Ministry of the Interior, the respective certificates of credit retention, to give compliance with the provisions of the current State Budget for 1998. Single final disposal.

This Royal Decree will be published simultaneously in the "Official Gazette of the State" and in the "Official Journal of the Generality of Catalonia", taking effect the day following its publication.

Dado en Madrid a 13 de marzo de 1998.

JOHN CARLOS R.

The Minister of Public Administration,

MARIANO RAJOY BREY

ANNEX

Doña Rosa Rodríguez Pascual and don Jaume Vilalta i Vilella, Secretaries of the Joint Commission on Transfers provided for in the transitional provision sixth of the Statute of Autonomy of Catalonia,

CERTIFICATE

That at the plenary session of the Joint Committee, held on 25 February 1998, an agreement was adopted on the transfer of services and functions of the implementation of the legislation of the State to the Generality of Catalonia in the field of traffic, vehicle traffic and road safety, in the following terms:

A) Reference to constitutional, statutory and legal norms in which the transfer is covered.

Article 150.2 of the Constitution provides that the State may transfer to the Autonomous Communities, through Law Organic faculties corresponding to matters of State ownership which by their very nature are susceptible transfer.

Organic Law 6/1997, of 15 December, of Transfer of Executive Powers in Matter of Traffic and Circulation of Vehicles to Motor to the Autonomous Community of Catalonia, establishes in its article 1 the transfer of the powers of implementation of the State's legislation in this field to the Autonomous Community of Catalonia. It also provides in Article 3 that this Joint Committee shall determine in the manner prescribed, the personal, material and budgetary means to be transferred to the Autonomous Community for the proper exercise of such means. powers.

B) Services of the State Administration that are transferred to the Generality of Catalonia.

1. The services assigned to the following functions of execution, of the State Administration, are transferred to the Generality of Catalonia:

(a) Monitoring and control of traffic, traffic and movement of vehicles on interurban public roads and on crossings where there is no local police conducting the performance to the drivers of the regulatory tests established.

(b) The power to denounce and sanction violations of the rules of movement and safety in the interurban roads, crossings that do not have exclusive characteristics of urban and urban roads that do not correspond to the (a) mayors, in accordance with the rules applicable to the matter and other supplementary rules. This power implies that the file be instructed, as well as that of the issuing of the judgment which puts it to an end and which it shall carry out, by perceiving, where appropriate, the amount of the fines.

Likewise, the sanctioning powers contained in the following rules are transferred:

1.a Legislation for the management of land transport. Regulations that develop and agree on, insofar as these powers are attributed to the competent bodies in relation to traffic management and road safety.

2.a The specific sanctioning regime that regulates advertising in relation to vehicles, as well as that referred to the Law on Civil and Safe Liability in the Circulation of Motor Vehicles, as amended by Law 30/1995, of 8 of November, for the Management and Supervision of Private Insurance, and concordant.

The Generality of Catalonia is subrogated in the obligations that the State Administration establishes in Article 3 of the Law on Civil and Safe Liability in the Circulation of Motor Vehicles.

c) The management and regulation of traffic in interurban roads, as well as in crossings, in collaboration with local authorities through cooperation or delegation formulas.

(d) Adopt surveillance measures or restrictions where they are necessary for the movement of vehicles on or in the roads.

e) Information about the circulation to the users of the public roads.

(f) The complaint and sanction for failure to comply with the obligation to submit to roadworthiness tests, as well as the requirements arising therefrom.

g) The material performance of the police functions arising from the intervention measures regarding the processes of nullity, nullability, suspension and loss of validity of permits and licenses adopt the authorities competent.

(h) The granting, termination, suspension or revocation of authorizations for the opening and operation of driver training centres, their inspection and sanctioning arrangements.

(i) The issue, suspension, intervention and revocation of certificates of aptitude and authorizations enabling access to professional conduct in the field of driving education, with the requirements and conditions of Regulations shall be determined. The designation of qualified courts for the issue of such certificates, as well as the convening and development of courses on retraining and continuing training. The approval of the centres for the recognition of physical, psycho-physical and psychological skills of the drivers and the handling and resolution of all administrative procedures that fall on this subject. The Autonomous Community shall communicate such authorization to the General Directorate of Traffic for the purposes of registration in the relevant register.

j) Planning and implementation of educational and road training programmes and campaigns in the territory of the Autonomous Community, as well as the implementation of those in the field of subpractice to be programmed by the Directorate-General Traffic.

k) Establish basic and essential guidelines for the training and action of the authorities in the field of traffic and motor vehicle traffic, without prejudice to the powers of local authorities, with whose bodies the necessary cooperation will be used, by common agreement.

(i) Intervention, in accordance with the rules on traffic and movement of vehicles, of the movement of historic vehicles whose itinerary runs through the territorial limits of the Community itself and, in agreement, establish the necessary special guidelines.

II) Authorisation in accordance with the rules on traffic and movement of vehicles of sport tests, the routes of which run entirely through the territory of the Autonomous Community, except those which are exclusively by urban roads, as well as the surveillance and protection of the same and those whose routes run in part by that territory, prior to the report of the public authorities concerned. In the latter case, surveillance and protection shall be carried out in coordination with the Directorate-General for Traffic.

m) Propose the temporary or permanent discharge of the vehicles that have been abandoned in the interurban public roads, prior to the file of declaration of abandonment, or of those others whose use, by technical deficiencies, constitutes a danger to road safety.

n) Research on road accidents and other aspects related to the subject matter, such as the development, study and dissemination of statistics on this subject.

n) The coordination of the provision of health care in the public roads that are included in the Autonomous Community, and in general, the protection and assistance on these routes.

o) To carry out the necessary records for the exercise of the transferred competences, in collaboration with those of the General Directorate of Traffic.

p) The perception of the rights or fees to which the exercise of the transferred powers takes place.

q) Furthermore, it is necessary to transfer as many executive actions as are necessary for the operation of the services.

2. Exercise of the above powers:

(a) In relation to the services referred to in paragraph 1 (i) of this Agreement, it is for the State to determine the minimum requirements and content of the tests to be exceeded in order to access the status of director or teacher. of the schools of drivers.

The Autonomous Community will convene and develop such tests, according to the General Directorate of Traffic, and the certificates issued by that will be valid throughout Spain. Certificates issued outside the Autonomous Community of Catalonia subject to the legislation in force will also have full validity in this Community.

In the courts that qualify the evidence for obtaining the said certificate, an official of the technical level of the Central Traffic Headquarters designated by the latter will be a member.

Of the actions taken in the exercise of the powers referred to in paragraphs (h) and (i) of paragraph 1 of this Agreement, both administrations shall inform each other for the purposes of due planning and coordination.

b) The statistics of accidents that are produced as a result of those that are investigated and produced in the Autonomous Community, will be communicated by the Autonomous Administration to the Central Command of Traffic, and also the Head Office Central to Traffic will make available the information that the Autonomous Community demands regarding the statistics of the state.

c) The exercise of the sanctioning power transferred assumes that the Autonomous Community and the Central Traffic Headquarters will make mutual provision to the antecedents arising out of the sanctioning resolutions that may affect the the relevant Administrations.

C) Cooperation functions.

1. In order to ensure the proper coordination and cooperation referred to in Article 2 of the Organic Law 6/1997 of 15 December, a specific committee on traffic, traffic circulation, is hereby set up within the Safety Board of Catalonia. Vehicles and road safety, which shall have a joint composition and shall be chaired by a member designated by the Autonomous Community.

2. The Autonomous Community, until it takes over all the transferred powers, will participate in the Traffic Management Centre in Barcelona.

D) Means of transfer.

For the exercise of the competences provided for in the Organic Law 6/1997, of December 15, in the province of Girona, the personal, material and budgetary means are transferred to the Generality of Catalonia in the terms that are listed in the following paragraphs (E), (F), (G) and (H).

The Joint Committee, as provided for in the Supplementary Agreement to this Transfer Agreement, shall approve the arrangements for the extension of the personal, material and budgetary means for the provinces of Lleida and Barcelona-Tarragona, whose entry into force is foreseen, within the framework of the temporary and normative framework of the unique transitional provision of the Organic Law 6/1997, for the days 1 May 1999 and May 1 of the year 2000, respectively.

E) Goods, rights and obligations that are transferred.

1. The real estate and rights that are detailed in the attached relation number 1 are transferred to the Generality of Catalonia.

2. Within one month of the effectiveness of this Agreement, the corresponding minutes of the delivery and receipt of buildings and furniture, equipment and inventoried material shall be signed.

F) Personal that is transferred.

1. The staff assigned to the services that are transferred, is referred to in the attached relation number 2. This staff will become dependent on the Generality of Catalonia in the terms legally provided for by the Statute of Autonomy and other rules in each applicable case and in the same circumstances as specified in their personnel files.

2. The Secretariat of the Ministry of the Interior will notify those interested in the transfer and their new administrative situation as soon as the Government approves this Agreement by Royal Decree.

In addition, a certified copy of all the files of this past staff, as well as of the certificates of haberes referring to the amounts written, will be transmitted to the competent bodies of the Generality of Catalonia. during 1998.

G) Relation of vacant job positions.

The vacant job positions that are transferred are listed in the ratio number 2.

H) Valuation of the financial burdens of the services transferred.

1. The valuation of the cash cost which, in pesetas of 1996, corresponds to the services transferred to the Generality of Catalonia is provisionally elevated to 112,401,550 pesetas.

2. The financing, in pesetas of 1998, which corresponds to the effective annual cost of the means that are transferred is detailed in the attached relation number 3.

3. The actual cost as detailed in the assessment tables for the ratio number 3 shall be financed as follows:

Transiently, until the moment the effective cost is computed to review the percentage of the Autonomous Community's participation in the State's revenues, this cost will be financed by consolidation in Section 32 of the General Budget of the State, of the appropriations relating to the various components of the effective cost, of the amounts determined to be eligible for updating by the general mechanisms provided for in each budget law.

Any differences arising during the transitional period referred to in the preceding paragraph, in respect of the financing of the transferred functions, shall be the subject of regularisation, where appropriate, of the closure of the the financial year concerned, by means of the presentation of the accounts and supporting statements relating to a winding-up committee which shall be set up in the Ministry of Economic Affairs and Finance.

4. It is transferred to the Generality of Catalonia for once and without integrating into the effective cost of the services transferred, the amount of 278,900,000 pesetas.

I) Documentation and records of the services being transferred.

The delivery of the documentation and files of the services transferred will be made within three months from the entry into force of the Royal Decree approving this Agreement and will take effect by the appropriate minutes of delivery and receipt, authorised by the competent authorities in each case.

The files presented in the Ministry of the Interior prior to the date of effectiveness of this Agreement shall be resolved in accordance with the provisions of Article 20 of Law 12/1983 of 14 October of the Autonomic, and in Article 8 of Royal Decree 1666/1980 of 31 July, approving the rules for the transfer of services from the State to the Generality of Catalonia and the operation of the Joint Commission.

J) Date of effectiveness of transfers.

The transfer of services and functions, with their means, subject to this Agreement shall be effective from 4 May 1998.

And for the record, we issued this certification in Madrid on February 25, 1998. -The Secretaries of the Joint Commission, Rosa Rodríguez Pascual and Jaume Vilalta i Vilella.

NUMBER 1 RELATIONSHIP

Relationship of buildings and vehicles of Girona attached to the services that are transferred

1.1 RE Relationship

Surface

-

m/Identification/Address/Entitlement

Detachment ATGC Girona/Calle Palau Sacosta. /Property. /1.424

ATGC Detachment cerdada/Calle Baronia, number 4. /Lease. /70

ATGC Figueras B/Autopista A-7, Exit 4. /Transfer of use. /178

1.2 Vehicle Relationship

Eleven passenger cars "Citroen" ZX, with etilometer precision 7110: B-2031-PM, B-2032-PM, B-2033-PM, B-2034-PM, GI-9496-AZ, GI-9497-AZ, GI-9498-AZ, GI-9499-AZ, GI-9500-AZ, GI-9501-AZ, GI-9502-AZ.

Four vehicles with kinemometer: A "Peugeot" 405; a "Citroen" BX, two "Citroen" ZX.

Two vehicles road education and self-school inspection: "Citroen" ZX, GI-7477-BB; truck "Pegaso", PMM-1062-H.

NUMBER 2 RELATIONSHIP

Staff relationship and vacant posts in Girona attached to the services being transferred

2.1 Nominal relationship of officials

Pay

-

Pesetas/Trienes

-

Pesetas/Complement.

-

Pesetas/Total Ret.

-

Pesetas/Seg. Social.

-

Pesetas/Jobs/Surnames and First Name/NRP/Body/Scale

Chief Section N22. /Escrichs Clemente, Jaime (1). /3765081346A5707/ATS of JCT. /1.844.472/467.362/929.532/3.241.366/859.896

Chief Section N22. /Torrecilla Buadella, Maria Carmen. /4022778057A6025/Admtva. OO.AA. /1.374.926/601.272/929.532/2.905.730/737.572

chief Negotiated N18. /Montero Ribot, Francisco. /4022467402A6025/Admtva. OO.AA. /1.374.926/468.104/855.252/2.698.282/716.269

Investigator Road Safety N15. /Redrado Pérez, Juan Angel. /7307704235A1135/Administrative State. /1.374.926/150.318/787.116/2.312.360/-

Coordinator Road Education N14. /Suros Masalo, Maria Angeles. /4027153757A1145/Auxiliary to extinguish RDL 23/1977. /1.124.242/367.752/667.116/2.159.110/548,531

N12 Information Operator. /Morillo Prada, Rosario. /4027899846A6032/Auxiliary OO.AA. /1.124.242/267.680/784.284/2.176.206/552.837

N12 * Information Operator. /Serrat Porcell, Maria Carmen. /4031129902A1146/Auxiliary Admon. State. /1.124.242/66,920/746.352/1.937.514/-

N12 * Information Operator. /Cutrinas Vilarrasa, Angel. /4029067702I1146/Interim Auxiliary Adm State. /1.124.242/-/746.352/1.870.594/608.033

N10 * Information Operator. /Morales Ruiz, Rosario. /3842378957I1146/Interim Auxiliary Adm State. /1.124.242/-/670.560/1.794.802/578.060 Totals/11.590.460/2.389.408/7.116.096/21.95,964/4.601.198

(1) In service commission.

* Affected by promotion process.

2.2 Nominal employment ratio

Pay

-

Pesetas/Trienes

-

Pesetas/Complement.

-

Pesetas/Total Ret.

-

Pesetas/Seg. Social.

-

Pesetas/Jobs/Surnames and First Name/NRP/Body/Scale

Official Administ. 2.a/García Hijano, Francisco. /4028847168L007012014/Fixed employment. /1.594.936/234.276/139.008/1.968.220/625,697

Ordinance. /Bedate Centeno, Luis Manuel. /1236006324L007050050/Fixed work. /1.435.854/140.574/72,300/1.648.728/524.131

Ordinance. /Lisnier Boada, Jesus. /4029386868L007050050/Fixed employment. /1.435.854/46.858/72,300/1.555.012/494,338

Totals/4.466.644/421.708/283,608/5.171.960/1.644.166

* Affected by promotion process.

2.3 Position of vacant positions

Pay

-

Pesetas/Add-on

-

Pesetas/Total Retrib.

-

Official Pesetas/Vacants

Investigator Road Safety N16/1.844.472/825.048/2.669.520

N16 Technician/1.844.472/659.472/2.503,944

Chief Negotiated N16/1.374.926/779.448/2.154.374

N9/1.026.340/413.052/1.439.392 Subalternate Driver

Total/6.090.210/2.677.020/8.767.230

In the event that it is necessary to make adjustments or corrections in the identification of the personal means that are the subject of the transfer, the same shall be carried out by means of certification issued by the Secretariat. of the Joint Committee on Transfers.

NUMBER 3 RELATIONSHIP

Valuation of the effective cost of the services of Girona that are transferred

SECTION 16. MINISTRY OF THE INTERIOR

Body 101: General Directorate of Traffic.

222B Program

Pesetas 1998

Chapter I:

Article 12/36.033,558

Article 13/5.171.1.960

Article 15/748,012

Article 16/6.551.672

Total/48.505.202

Chapter II:

Article 20/543,200

Article 21/29.224.160

Article 22/109,617,760

Item 23/11.624,480

Total/151,009,600

Chapter VI:

Article 60/188.790,000

Article 62/44,919,000

Article 63/95.588,500

Article 64/52.080,000

Total/381.377,500

Total Cost/580.892,302

Revenue from penalties and fees/451.304,555

Net cash cost/129.587,747