The Spanish Constitution states in its article 149.1.27 that the State has exclusive competence to establish the basic norms of the press, radio and television regime and, in general, of all the media (a) without prejudice to the powers which correspond to the Autonomous Communities in their development and implementation.

The Statute of Autonomy of Melilla, approved by Law 2/1995, of March 13, establishes in its article 22.1.7., that it corresponds to the city the execution of the legislation of the State in matters of press, radio, television and other means of social communication.

Royal Decree 1412/1995, of 4 August, determines the rules and procedure to be followed by the transfer of functions and services of the State to the city of Melilla.

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 Melilla, this Commission At its meeting on 8 February 1996, it adopted the appropriate agreement, the practical virtue of which requires its approval by the Government 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 Melilla, on the proposal of the Minister for Public Administrations and after deliberation of the Council of Ministers in their meeting of 23 February 1996,

23 February 1996,

D I S P O N G O:

Article 1.

The Agreement of the Joint Commission is approved, provided for in the second transitional provision of the Statute of Autonomy of Melilla, whereby the functions and services of the State Administration that must be the subject of transfer to the town of Melilla in the field of broadcasting, adopted by the plenary session of the said Commission, at its meeting on 8 February 1996, and which is to be transcribed as an annex to this Royal Decree.

Article 2.

Consequently, the functions and services as well as the budgetary appropriations, which are related to the Joint Commission Agreement, are transferred to the city of Melilla in the terms specified therein.

Article 3.

The transfer will be effective from the date indicated in the Agreement of the Joint Commission, without prejudice to the Ministry of Public Works, Transport and the Environment, producing until the entry into force of this Royal Decree, in their case, 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 to finance the cost of services transferred to the Autonomous Communities, once they are referred to the Department, by the Office of the Budget Office of the Ministry of Works Public, Transport and the Environment, credit retention certificates, to comply with the provisions of the current regulations on the General Budget of the State for 1996.

Single end disposition.

This Royal Decree will enter into force the day after its publication in the "Official State Gazette".

Given in Madrid to 23 February 1996.

JOHN CARLOS R.

The Minister for Public Administrations,

JUAN LERMA BLASCO

ANNEX

Don Antonio Bueno Rodríguez and don José Antonio Jiménez Villoslada, Secretaries of the Mixed Commission of Transfers provided for in the second transitional provision of the Statute of Autonomy of Melilla,

CERTIFICATE

At the plenary session of the Joint Committee, held on 8 February 1996, an agreement was reached on the transfer to the city of Melilla of the functions and services of the State Administration in the field of broadcasting. terms that are then expressed:

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

Article 149.1.27 of the Constitution states that the State has exclusive competence to establish the basic norms of the press, radio and television regime, and in general, of all social media, without prejudice to the powers which, in their development and implementation, correspond to the Autonomous Communities.

For its part, the Statute of Autonomy of Melilla, approved by Law 2/1995, of March 13, attributes to the city, in its article 22.1.7., the execution of the legislation of the State in matters of press, radio, television and other means of social communication.

Finally, the second transitional provision of the Statute of Autonomy of Melilla and Royal Decree 1412/1995 of 4 August, establish the rules governing the form and conditions to which the transfers of Functions and services of the State Administration to the city of Melilla, as well as the functioning of the Mixed Commission of Transfers.

On the basis of these normative provisions, it is necessary to carry out the transfer of functions and services, as well as the means attached to them, from the State Administration to the city of Melilla in the field of broadcasting.

B) Functions of the State Administration that assumes the city of Melilla.

1. In the field of sound broadcasting:

The City of Melilla shall exercise, within the framework of the State's rules and in the light of the National Plans established by the State Administration, the functions inherent in the concession regime relating to management Indirect public service of sound broadcasting in metric waves with frequency modulation, consisting of:

(a) The resolution of requests for the granting of modulated frequency broadcasting stations.

b) The granting of facilities and operating concessions.

c) The regulation of award procedures.

d) The renewal of the corresponding concessions.

e) The inspection and sanction of violations in the field of the functions transferred.

f) In relation to the technical projects of the stations, the city of Melilla will deliver an opinion.

g) Once the technical projects have been approved, the State Administration will forward them to the city of Melilla, who will send an opinion on the adequacy of the project.

2. Registration of broadcasting companies.

The City of Melilla assumes the registration functions of broadcasting companies. For this purpose, the city shall open a register in which the broadcasting companies shall be registered in accordance with the principles set out in paragraph D) and with the procedures for action which are agreed between the Ministry of Public works, transport and the environment and the competent authorities.

C) Functions that the State Administration reserves.

In the granting of broadcast broadcasters in a modulated frequency, the State Administration shall exercise the functions and powers that the legislation reserves to the State, and in particular:

a) The drafting and approval of the National Plans.

b) The allocation of frequencies and emission powers and the inspection and technical control of the facilities.

c) The final approval of the technical projects.

D) Functions in which the State Administration and the City of Melilla are to participate.

1. Registration of broadcasting companies.

The actions to be carried out in relation to the Register of radio stations shall comply with the following principles:

(a) Broadcasting companies which are the holders of concessions for sound broadcasting services on metric waves with frequency modulation shall be entered in the City Register of Melilla, exclusively within their scope territorial.

(b) In the case of broadcasting undertakings which are the holders of concessions for sound broadcasting services in metric waves with frequency modulation exceeding the territorial scope of the city of Melilla, the Registration of the same will correspond to the General Registry of the Ministry of Public Works, Transport and Environment.

(c) Where the broadcasting companies are also holders of sound broadcasting services in the medium waves (hectometric), the entries relating to them shall correspond to the General Register of the Ministry of Public Works, Transport and Environment.

(d) The General Register shall send copies of the entries it makes to the corresponding Register of the City of Melilla, in the case of undertakings which are the holders of, or are intended to be, concessions for broadcasting services sound in metric waves with frequency modulation in the territorial scope of the city of Melilla.

2. The State Administration shall forward to the relevant City of Melilla Register the files relating to the undertakings referred to in paragraph 1 (a).

Likewise, the State Administration will make delivery to the City Registry of Melilla, from the moment of its entry into operation, of all the files in the process of registration relating to companies that, for the reason of the territorial scope of their activity, they would have to be registered in the Register of the city of Melilla.

For your part, the city of Melilla will transmit to the General Registry of the Ministry of Public Works, Transport and Environment copies of all the inscriptions you make for your knowledge and timely effects.

3. The authorization of legal businesses affecting the broadcasting companies referred to in paragraph 1 (a) shall be processed and settled by the competent authority of the city of Melilla.

For their part, the authorization of legal businesses affecting the broadcasting companies within the meaning of paragraph 1 (b) and (c) shall be processed and resolved by the Ministry of Public Works, Transport and the Environment, in accordance with the procedure to be adopted by mutual agreement between the competent authorities, in such a way as to ensure compliance with the conditions which, for their approval, are contained in the legislation in force throughout the territory.

4. The City of Melilla shall provide the State Administration with the basic data necessary for the compilation of statistics of general interest relating to the functions and services transferred, in the form required for their integration and coordination with the rest of the statistical information at the state level. For its part, the State Administration will supply the city of Melilla with statistical information that is of interest to the city.

E) Goods, rights and obligations of the State that are transferred.

There are no assets, rights and obligations in this transfer.

F) Staff assigned to the services and institutions that are transferred.

There are no personnel in this handover.

G) Job vacancies that are moved.

There are no vacant jobs in this transfer.

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

1. The provisional assessment of the actual cost of the resources allocated to the services transferred to the 1996 financial year amounts to 1,032,976 pesetas.

2. The financing, in pesetas of 1996, which corresponds to the effective annual cost of the means that are transferred, is detailed in the attached relation number 1.

3. Until such time as the actual cost is not increased, the Joint Commission will not set the percentage of the participation in the collection by the state revenue, in accordance with the provisions of the additional provision of the Status of Autonomy, the State shall guarantee the valuation of the services transferred by this Agreement with an amount equal to the effective cost of the services, as provided for in the fourth transitional provision of the Agreement.

To this end, the appropriations relating to the various components of this cost, which could be updated by the general mechanisms provided for in each Budget Law, will be consolidated in Section 32.

4. Any differences arising during the transitional period, as referred to in the preceding paragraph, in respect of the financing of the services transferred may be subject to regularisation at the end of the financial year 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.

I) Documentation and records of the services being transferred.

As of the entry into force of this Agreement, the State Administration will transfer all files to the city of Melilla in the process of requesting or renewing concessions of broadcasting broadcasters in frequency modulated and with emission centre in the autonomous territorial area and shall transmit the dossiers relating to the undertakings in accordance with the provisions of paragraph D. 2.

J) Transfer effectiveness date.

The transfer of functions and services covered by this Agreement will be effective from 1 March 1996.

And for the record, we issued this certification, in Madrid to February 8, 1996. -The Secretaries of the Joint Commission, Antonio Bueno Rodríguez and José Antonio Jiménez Villoslada.

NUMBER 1 RELATIONSHIP

Valuation of the effective cost of services to transfer to the city of Melilla in the field of broadcasting

Pesetas 1996

Section 17. Ministry of Public Works, Transport and the Environment

Chapter I:

Service 05. Directorate-General for Human Resources. Programme 511 D.

Total Chapter I/910.076

Chapter II:

Service 06. Directorate-General for Administration and Services.

Program 511 D.

Concept 220/57,900

Concept 222/65,000

Total Chapter II/122,900

Total Effective Cost/1,032,976