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Royal Decree 341/1996 Of 23 February, On Transfer Of Functions And Services Of The Administration Of The State To The City Of Melilla, In The Field Of Regional Planning.

Original Language Title: Real Decreto 341/1996, de 23 de febrero, sobre traspaso de funciones y servicios de la Administración del Estado a la Ciudad de Melilla, en materia de ordenación del territorio.

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TEXT

The Spanish Constitution in its article 149.1.13. and 24. 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 Melilla, approved by Law 2/1995, of March 13, establishes in its article 21.1.1., that it corresponds to the City of Melilla the exercise of competences in matters of planning of the territory, urban planning and housing, with the scope provided for in paragraph 2 of the same article.

Finally, the Royal Decree 1412/1995, 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 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 adopted at its meeting on 8 February 1996, the appropriate agreement, the practical virtue of which requires its approval by the Government through 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 in the second transitional provision of the Statute of Autonomy of Melilla, for which the functions and services of the State Administration are transferred to the city of Melilla in (a) the area of regional planning, 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 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 Melilla on the terms and the conditions specified therein.

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 Public Works, Transport and Environment 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 system and level of operation as they had 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 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 Joint Committee on 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 adopted on the transfer to the city of Melilla of the functions and services of the State Administration in the field of management of the territory, in the following terms:

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

The Constitution in Article 149.1.13. and 24. th reserve to the State exclusive competence on the bases and coordination of the general planning of economic activity, as well as on public works of general interest or whose performance affects more than one Autonomous Community.

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

Law 22/1988, of 28 July, of Costas and its Regulation approved by Royal Decree 1471/1989, of December 1, attribute to organs of the State Administration certain powers in matters of management of the coast.

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 forecasts, the transfer of functions and services, in the area of land management, to the City of Melilla, should be carried out.

B) Functions assumed by the city of Melilla and identification of the services that are transferred.

In matters of spatial planning and under the protection of article 21.1.1. of the Statute of Autonomy of Melilla and 148.1.3. of the Constitution, the City of Melilla assumes, within its territorial scope, in the terms of the present Agreement and the Decrees and other rules that make it effective and published in the "Official State Gazette", the regulatory and regulatory functions that establish the general legislation of the State, resolution, management, advisory, protection and supervision, except those reserved for the State Administration in paragraph C of this Article 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 Ministry of Public Works, Transport and the Environment or by the Departments to which Each case corresponds, on the basis of the matter, to those which the State has attributed to the legislation in force, and in particular the Law of Costs and the Regulation for its implementation.

D) Functions in which the State Administration and the city of Melilla and the form of cooperation are to be present.

The following functions will be coordinated between the Ministry of Public Works, Transport and the Environment and the City of Melilla:

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

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

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, control of the quality 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 1412/1995 of 4 August 1995.

I) 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.