The Spanish Constitution, in its article 149.1.13. and 24. ª, states that the State has exclusive competence on the bases and coordination of the general planning of economic activity, as well as on public works of general interest or the performance of which affects more than one Autonomous Community.

The Statute of Autonomy of Ceuta, approved by Law 1/1995, of March 13, establishes in its article 21.1.1. which corresponds to the City of Ceuta the exercise of powers in matters of spatial planning, urbanism and housing, with the scope provided for in paragraph 2 of the same Article.

Finally, the Royal Decree 1411/1995, of August 4, determines the rules and the procedure to be adjusted for the transfer of functions and services of the State Administration to the City of Ceuta.

In accordance with the provisions of the Royal Decree cited, which also regulates the operation of the Joint Commission of Transfers provided for in the second transitional provision of the Statute of Autonomy of Ceuta, this Commission adopted at its meeting of 28 October 1995 the appropriate Agreement, the practical virtue of which requires the Government to approve it by means of a Royal Decree.

In its virtue, and in compliance with the provisions of the second transitional provision of the Statute of Autonomy of Ceuta, on the proposal of the Minister of Public Administrations and after deliberation of the Council of Ministers in its Meeting of 5 December 1996

D I S P O N G O:

Article 1.

The Agreement of the Joint Commission of Transfers provided for in the second transitional provision of the Statute of Autonomy of Ceuta, for which the functions and services of the State Administration are transferred to the City of Ceuta in the area of spatial planning and urban planning, adopted by the plenary session of the said Commission at its meeting on 28 October 1996, and which is transcribed as an annex to this Royal Decree.

Article 2.

Consequently, the functions and services of the State Administration, as set out in the Agreement of the Joint Commission set out in the Annex to this Royal Decree, are hereby transferred to the City of Ceuta in the terms and the conditions specified therein.

Article 3.

The transfers referred to in this Royal Decree will be effective from the day indicated in the agreement of the aforementioned Joint Commission, without prejudice to the production of the Ministries of Development and the Environment, until the entry into force of this Royal Decree, where appropriate, 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.

Single end disposition.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid to 5 December 1996.

JOHN CARLOS R.

The Minister of Public Administration,

MARIANO RAJOY BREY

ANNEX

Don Antonio Bueno Rodríguez and don Rafael Flores Mora, Secretaries of the Mixed Commission of Transfers provided for in the second transitional provision of the Statute of Autonomy of Ceuta,

CERTIFICATE

That at the plenary session of the Joint Committee, held on 28 October 1996, an agreement was adopted on the transfer to the City of Ceuta of the functions and services of the State Administration in the field of management of the territory and town planning, in the following terms:

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

The Constitution, in Article 149.1, reserves exclusive competence to the State in the matters listed in paragraphs 13 and

.

For its part, the Statute of Autonomy of Ceuta, approved by Organic Law 1/1995, of March 13, establishes in its article 21.1.1. which corresponds to the City of Ceuta the exercise of powers in matters of ordination territory, town planning and housing, with the scope provided for in paragraph 2 of the same Article.

The recast of the Law on Soil and Urban Planning, adopted by Royal Legislative Decree 1/1992 of 26 June, and other supplementary provisions, such as, among others, the Planning Regulations, Urban Planning and Urban Management, as well as Law 22/1988 of 28 July, of Costas, and its Regulation, approved by Royal Decree 1471/1989 of 1 December 1989 and amended by Royal Decree 1112/1992 of 18 September, attribute to (a) the authorities of the State Administration certain powers for purposes relating to the urban activity, as well as in the area of coastal management.

Finally, the second transitional provision of the Statute of Autonomy of Ceuta and Royal Decree 1411/1995 of 4 August, lays down the basis for the transfer of personal, material and budget for the functions and services assumed by the City of Ceuta, as well as the functioning of the Joint Committee on Transfers.

On the basis of these normative forecasts, the transfer of functions and services in the area of land and urban planning to the City of Ceuta should be carried out.

B) Functions assumed by the City of Ceuta and identification of the services that are transferred.

In the area of land management and urban planning, and under Article 21.1.1. of the Statute of Autonomy of Ceuta, the City of Ceuta assumes, within its territorial scope, in the terms of this Agreement and other rules to make it effective and to be published in the "Official State Gazette", the functions of approval of management plans and the other regulatory-regulatory requirements laid down by the general legislation of the State, resolutive, management, advisory, of guardianship and supervision, except those reserved for the State Administration in paragraph C) of this agreement.

C) Functions and services reserved by the State Administration.

Consequently, with the relationship of past functions, they will remain in the State Administration and will continue to be exercised by the Ministries of Public Works and the Environment or by the Departments to which in each case (a) on the basis of the matter, which gives the State the legislation in force, and in particular the Law on Costs and the Regulation for its implementation.

D) Functions in which the State Administration and the City of Ceuta and the form of cooperation are to participate.

The following functions will be developed in coordination between the Ministries of Development and the Environment and the City of Ceuta:

(a) Research and study in the area of spatial planning and urban planning.

(b) Aid and economic, technical and personnel cooperation with the relevant public administrations in the same areas.

E) Goods, rights and obligations that are transferred.

The goods, rights and obligations attached to the services that are transferred through this Agreement are included in the relationship of goods corresponding to the Agreement on the transfer of architectural heritage, control of the quality of the building and housing.

F) Staff assigned to the services being transferred.

The staff assigned to the services that are transferred through this Agreement are included in the personnel relationship to the Transfer Agreement in the area of architectural heritage, quality control of the building and housing.

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

The assessment of the financial burden of the services transferred through this Agreement is included in the Agreement on the transfer of architectural heritage, the control of the quality of the building and the housing.

H) Documentation and records of the services being transferred.

The delivery of the documentation and files of the transferred services will be made within one month of the publication of the Royal Decree approving this Agreement, and in accordance with the provisions of Article 8 Royal Decree 1411/1995 of 4 August 1995.

I) Transfer effectiveness date.

The transfer of functions and services covered by this Agreement will be effective from 1 January 1997.

And for the record, this certification is issued in Ceuta on October 28, 1996. -The Secretaries of the Joint Commission, Antonio Bueno Rodríguez and Rafael Flores Mora.