The Spanish Constitution, in its article 148.1.3, states that the Autonomous Communities may assume powers in matters of spatial planning, urban planning and housing, reserving Article 149 to the State. exclusive on various matters related to that.

The Statute of Autonomy of Melilla establishes in its article 21.1.1. that it corresponds to the City of Melilla the exercise of powers in matters of land management, urbanism and housing, with the scope foreseen in the paragraph 2 of the same Article.

finally, the Statute of Autonomy of Melilla also provides, in its second transitional provision, the basis for the transfer of the personal, material and budgetary resources corresponding to the The powers of the City of Melilla, as well as the functioning of the Joint Committee on Transfers.

In accordance with the provisions of the second transitional provision, the Joint Committee on Transfers adopted the appropriate agreement at its meeting of 24 July 1995, the practical virtue of which requires its approval by the Government by Royal Decree.

In its virtue, 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 its Meeting of August 4, 1995,

D I S P O N G O:

Article 1.

The Agreement of the Mixed Commission of Transfers of the State-City of Melilla is approved, provided for in the second transitional provision of the Statute of Autonomy of Melilla, for which the functions and duties are transferred services of the State Administration to the City of Melilla in matters of urbanism, adopted by the Plenary of the said Commission at its session of July 24, 1995 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 Melilla in the terms and the conditions specified therein.

Article 3.

The transfers 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 Palma de Mallorca to August 4, 1995.

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

That at the plenary session of the Joint Committee held on 24 July 1995, 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 urban planning. the terms that are then expressed:

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

The Constitution, in Article 148.1.3. states that the Autonomous Communities may assume jurisdiction in matters of land management, urban planning and housing, and in Article 149 reserves exclusive competence to the State on various subjects related to those.

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.

The recast of the Law on Soil and Urban Planning, adopted by Royal Legislative Decree 1/1992 of 20 June, and other supplementary provisions, such as, among others, the Planning Regulations, Urban Planning and Urbanistic Management, they attribute to organs of the State Administration certain competences for purposes relating to the urban activity.

Finally, the second transitional provision of the Statute of Autonomy of Melilla establishes the basis for the transfer of the personal, material and budgetary resources corresponding to the powers that assumes 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 terms of urban planning, 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 terms of urban planning and under the terms 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 this Agreement and the Decrees and other rules that make it effective and are published in the "Official State Gazette", the functions of approval of management plans and the other regulatory-regulatory requirements to be established by the general legislation of the State, management, advisory, guardianship and audit, except those reserved for the administration of the State 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 Ministry of Public Works, Transport and the Environment or by the Departments to which Each case corresponds, on the grounds of the matter, to those attributed to the State by the Constitution, and in particular Articles 131, 138 and 149 thereof, as well as the provisions that are dictated in its development.

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 urbanism.

b) Aid and economic, technical and personnel cooperation with the Autonomous and Local Administrations in the same subjects.

E) Goods, rights and obligations that are transferred.

The identification and inclusion of the goods, rights and obligations relating to this transfer will be carried out in the area and housing.

F) Staff assigned to the services being transferred.

The identification and inclusion of personnel regarding this transfer will be carried out in the area and housing management.

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

The valuation of the financial charges related to this transfer will be carried out in the corresponding land and housing management.

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.

I) Transfer effectiveness date.

The transfer of functions and services covered by this Agreement will be effective from 16 August 1995.

And for the record, we issued this certification in Melilla, on July 24, 1995. -The Secretaries of the Joint Commission, Antonio Bueno Rodríguez and José Antonio Jiménez Villoslada.