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Royal Decree 5/2014, 10 January, Amending Royal Decree 1330 / 1997 Of 1 August, Integration Of Peripheral Services And Structure Of The Government's Delegations, Concerning The Arbitration Laboratory Food D...

Original Language Title: Real Decreto 5/2014, de 10 de enero, por el que se modifica el Real Decreto 1330/1997, de 1 de agosto, de integración de servicios periféricos y de estructura de las Delegaciones del Gobierno, en lo relativo al Laboratorio Arbitral Agroalimentario d...

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TEXT

Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, in its article 33 establishes the general principle of the integration of territorial services in the delegations of government, providing for the exception of those cases "where the direct dependence of the relevant central bodies on the singularities of their functions or the volume of management is advisable, in the interests of greater efficiency in their action".

Article 34.1 states that "non-integrated services in Government Delegations shall be organised territorially in the light of the best performance of their purposes and the nature of the tasks to be performed". In turn 34.2. it is established that the organization of these services will be established by royal decree at the joint proposal of the corresponding Minister and the Minister of Public Administrations, (currently Ministry of Finance and General government), where it provides for units with a level of General or equivalent Subdirection, or jointly, when it affects lower bodies.

In turn, Article 35 states that non-integrated services will depend on the competent central authority on the sector of activity in which they operate, which will set them the concrete objectives of action and monitor their execution, as well as the operation of the services.

The territorial organization of the peripheral services and the delegations and subdelegations of government, was established by Royal Decree 1330/1997, of August 1, of integration of peripheral services and of the structure of the Government delegations, and developed by the Order of the Ministry of the Presidency of 7 November 1997.

According to article 1.4 of Royal Decree 1330/1997, of August 1, all the services corresponding to the Provincial Directorates of the then Ministry of Agriculture, Fisheries, were integrated into the Government Delegations. and Power.

The Ministry of Agriculture, Food and Environment has two agri-food laboratories, one the Madrid Agri-Food Laboratory Integrated Functional and organically in the Department and the Laboratory Agroalimentía de Santander, organically integrated in the Delegation of the Government of Cantabria. It also has two animal health and genetic laboratories, the Central Veterinary Laboratory, in Algette (Madrid), which is functionally and organically integrated in the Department and the Central Laboratory of Animal Health, in Santa Fe, Granada, integrated organically in the Subdelegation of the Government of Granada. Independently of other functions, they act as reference laboratories in various areas and in collaboration with the autonomous communities in the analysis, standardization of analytical methods and proposal of official methods.

The laboratories are specialized in the development of functions with a great technical-scientific content and therefore are characterized by the uniqueness of the functions they perform. The designation as European and National Union Reference Laboratories in certain areas requires the fulfilment of very strict requirements, which can only be achieved with adequate choice and quality of the material and personal positions at your disposal.

It is appropriate to unify the management system of all laboratories that have the same nature, given their complex management as reference laboratories, and to be specialized entities with a marked character technical-scientific with respect to the functions they perform and the uniqueness of them.

Therefore, it is necessary to derogate from the Agro-Food Laboratory of Santander and the Central Laboratory of Animal Health of Santa Fe, Granada, from its integration into the peripheral services and the structure of the delegations of the Government.

This royal decree is issued pursuant to Articles 33 and 34 of Law 6/1997 of 14 April.

In its virtue, on a joint proposal of the Minister of Agriculture, Food and the Environment and the Minister of Finance and Public Administration, according to the Council of State and after deliberation of the Council of Ministers in their meeting of the day of January 10, 2014,

DISPONGO:

Single item. Amendment of Royal Decree 1330/1997, of 1 August, of integration of peripheral services and of the structure of government delegations.

Article 1.4 of Royal Decree 1330/1997, of 1 August, on the integration of peripheral services and the structure of government delegations, is replaced by the following:

" 4. From the Ministry of Agriculture, Food and the Environment: the services corresponding to the Provincial Directorates of the Department, which will be abolished. However, apart from the integration in the peripheral services and the structure of the Delegation of the Government in Cantabria to the Agro-Food Laboratory of Santander, and the Subdelegation of the Government in Granada to the Central Laboratory of Animal Health, located in Santa Fe, Granada. Both laboratories will be organically and functionally dependent on the Ministry of Agriculture, Food and Environment. "

Additional disposition first. Organic dependency.

1. The Agri-Food Laboratory of Santander is dependent on the General Directorate of the Food Industry, through the General Secretariat for Control and Food Laboratories.

2. The Central Laboratory of Animal Health, in Santa Fe, Granada, becomes dependent on the Directorate General of Health of Agrarian Production, through the Subdirectorate General of Animal Health and Hygiene and Traceability.

Additional provision second. Coordination.

The owners of the Agro-Food Laboratory of Santander and the Central Laboratory of Animal Health of Santa Fe, will lend the collaboration that the Government Delegates and, if any, Subdelegates of the Government, as well as the competent bodies of the Autonomous Communities.

Additional provision third. Attachment of goods.

Real estate, vehicles and machinery, computer and communications equipment, equipment and movable property, as well as the other material means of the Agro-Food Laboratory of Santander and the Central Laboratory of Animal Health site in Santa Fe, Granada, will be attached to the Ministry of Agriculture, Food and Environment, by means of the corresponding act, with the agreement of the Ministry of Finance and Public Administrations.

First transient disposition. Jobs affected by the restructuring.

1. The existing jobs at the Agro-food Laboratory in Santander and the Central Laboratory of Animal Health in Santa Fe, Granada, will be provisionally attached, by resolution of the Ministry of Finance and Administrations. Public, to the Ministry of Agriculture, Food and Environment, until the new employment relationship takes effect.

Such posts shall be remunerated from the budget appropriations of the Ministry of Finance and Public Administrations until the corresponding appropriations are adjusted.

2. The Ministry of Finance and Public Administrations and the Ministry of Agriculture, Food and the Environment must adjust their budgets in Chapter I for the financial year 2014, based on the content of this royal decree.

3. The new employment relationship in no case may lead to an increase in public expenditure.

Second transient disposition. Financial and personnel management until the end of the financial year 2013.

The acts of provision of the appropriations necessary for the remuneration of the staff or the operation of the laboratories, as well as the actions of management of the staff, will continue to be carried out by the Ministry of Finance and Public Administrations until the corresponding appropriations are adjusted.

Single end disposition. Entry into force.

This royal decree will take effect the day following its publication in the "Official State Gazette."

Given in Madrid, on January 10, 2014.

JOHN CARLOS R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON