THE ORGANIC LAW 13/1982, OF 10 AUGUST, OF REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA, IN ITS TRANSITIONAL PROVISION FOURTH, PROVIDES THAT THE TRANSFER TO THE COMMUNITY OF NAVARRA OF THE FACULTIES AND COMPETENCES THAT, ACCORDING TO THE SAME, THEY WILL COMPETE, WILL BE DONE PRIOR AGREEMENT WITH THE FORAL DEPUTATION BY THE GOVERNMENT OF THE NATION AND WILL BE PROMULGATED BY ROYAL DECREE.

REAL DECREE 2356/1984, OF DECEMBER 19, ESTABLISHES THE RULES GOVERNING THE TRANSFER OF SERVICES FROM THE STATE ADMINISTRATION TO THE COMMUNITY OF NAVARRA. THE BOARD OF TRANSFERS PROVIDED FOR IN ARTICLE 2 THEREOF, WHICH, AFTER CONSIDERING THE APPROPRIATENESS AND LEGALITY OF CARRYING OUT THE TRANSFERS IN THE FIELD OF PROGRAMMES TO SUPPORT THE CREATION OF EMPLOYMENT, ADOPTED AT ITS MEETING OF THE DAY 24 MARCH 1986 THE AGREEMENT THAT, IN ORDER TO BE EFFECTIVE, REQUIRES APPROVAL BY MEANS OF A ROYAL DECREE.

IN ITS VIRTUE, IN COMPLIANCE WITH THE PROVISIONS OF THE TRANSITIONAL PROVISION FOURTH OF LAW 13/1982, OF 10 AUGUST, OF REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA, ON THE PROPOSAL OF THE MINISTERS OF LABOR AND SECURITY SOCIAL AND TERRITORIAL ADMINISTRATION AND AFTER DELIBERATION BY THE COUNCIL OF MINISTERS AT ITS MEETING ON 11 APRIL 1986, I HAVE:

ARTICLE 1.

THE AGREEMENT OF THE BOARD OF TRANSFERS DATED MARCH 24, 1986 FOR THE TRANSFER OF FUNCTIONS AND SERVICES OF THE STATE ADMINISTRATION IN THE FIELD OF PROGRAMS OF SUPPORT FOR THE CREATION OF EMPLOYMENT TO THE COMMUNITY IS APPROVED FORAL DE NAVARRA.

ART. 2.

CONSEQUENTLY, THE FUNCTIONS AND SERVICES REFERRED TO IN THE AGREEMENT THAT ARE INCLUDED AS AN ANNEX TO THIS ROYAL DECREE ARE TRANSFERRED TO THE COMMUNITY OF NAVARRA IN THE TERMS AND CONDITIONS SPECIFIED THEREIN.

ART. 3.

THE TRANSFERS TO WHICH THIS ROYAL DECREE REFERS WILL BE EFFECTIVE FROM THE DATE INDICATED IN THE AGREEMENT OF THE AFOREMENTIONED TRANSFER BOARD, WITHOUT PREJUDICE TO THE PRODUCTION OF THE MINISTRY OF LABOR AND SOCIAL SECURITY UNTIL THE ENTRY INTO FORCE OF THIS ROYAL DECREE, THE ADMINISTRATIVE ACTS NECESSARY FOR THE MAINTENANCE OF SERVICES IN THE SAME SYSTEM AND LEVEL OF OPERATION AS THEY HAD AT THE TIME OF THE ADOPTION OF THE AGREEMENT TO BE TRANSCRIBED AS AN ANNEX TO THE PRESENT ROYAL DECREE.

ART. 4.

THE BUDGET APPROPRIATIONS WHICH ARE MEMBERS OF THE CASH COST PROVISIONALLY ASSESSED AS DETAILED IN RELATION NUMBER 2 OF THE ANNEX SHALL BE DISCHARGED FOR THE AMOUNTS CORRESPONDING FROM THE DATE OF ENTRY INTO FORCE OF THE THIS ROYAL DECREE, BY MEANS OF THE APPROPRIATE BUDGET AMENDMENT DOSSIER.

ART. 5.

THIS REAL DECREE WILL TAKE EFFECT ON THE SAME DAY AS YOUR PUBLICATION IN .

DADO IN MADRID AT 11 APRIL 1986.

JOHN CARLOS R.

THE MINISTER OF THE PRESIDENCY, JAVIER OSSO DEL PRADO, AND MUÑOZ DON JUAN SOLER FERRER AND DON JOSE ANTONIO RAZQUIN LIZARRAGA, SECRETARIES OF THE TRANSFER BOARD PROVIDED FOR IN ARTICLE 2.

OF REAL DECREE 2356/1984, OF 19 DECEMBER, WHICH ESTABLISHES THE RULES GOVERNING THE TRANSFER OF SERVICES FROM THE STATE ADMINISTRATION TO THE COMMUNITY OF NAVARRA, CERTIFY:

WHICH, AT THE PLENARY SESSION OF THE TRANSFER MEETING, HELD ON 24 MARCH 1986, AGREEMENT WAS ADOPTED ON THE TRANSFER TO THE COMMUNITY OF NAVARRE OF THE FUNCTIONS AND SERVICES OF THE STATE IN RESPECT OF PROGRAMMES OF SUPPORT TO THE JOB CREATION, IN THE TERMS THAT ARE REPRODUCED BELOW:

1.

PRECEPTS OF THE CONSTITUTION AND OF THE ORGANIC LAW OF REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA, IN WHICH THE COMPETENCE OF THE FORAL COMMUNITY IS RECOGNIZED IN THE FIELD TO WHICH THE SERVICES ARE REFERRED OF TRANSFER.

IN THE VIEW OF THE PROVISIONS OF THE TRANSITIONAL PROVISION FOURTH OF THE ORGANIC LAW FOR THE REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA AND ROYAL DECREE 2356/1984 OF 19 DECEMBER, AND IN ACCORDANCE WITH THE PROVISIONS OF THE ARTICLE 58.1.B) OF THE AFOREMENTIONED ORGANIC LAW, IT IS UP TO THE COMMUNITY OF NAVARRA TO IMPLEMENT THE LEGISLATION OF THE STATE IN THE FIELD OF LABOR, ASSUMING THE FACULTIES AND COMPETENCES AND SERVICES OF AN EXECUTIVE CHARACTER THAT CURRENTLY HOLDS THE THE STATE OF EMPLOYMENT RELATIONS, WITHOUT PREJUDICE TO THE HIGH INSPECTION OF LABOUR RELATIONS.

FOR ITS PART, ARTICLE 149.1.7 OF THE CONSTITUTION RESERVES THE STATE EXCLUSIVE COMPETENCE ON LABOR LEGISLATION, WITHOUT PREJUDICE TO ITS EXECUTION BY THE ORGANS OF THE AUTONOMOUS COMMUNITIES.

CONSEQUENTLY, THE ROLE AND SERVICES OF THE COMMUNITY SHOULD BE TRANSFERRED TO THE COMMUNITY IN RELATION TO ITS COMPETENCE IN THE FIELD OF EMPLOYMENT SUPPORT PROGRAMMES.

2.

IDENTIFICATION OF THE SERVICES AND FUNCTIONS ASSUMED BY THE FORAL COMMUNITY.

1. THE FORAL COMMUNITY OF NAVARRA SHALL EXERCISE WITHIN ITS TERRITORIAL SCOPE THE FOLLOWING FUNCTIONS AND SERVICES TO DEVELOP THE EMPLOYMENT SUPPORT PROGRAMMES COVERED BY THE GENERAL PROVISIONS LAID DOWN BY THE STATE FOR THIS PURPOSE: (A) THE MANAGEMENT OF ANY OF THE VARIOUS TYPES OF AID AND GRANTS PROVIDED FOR IN THE ABOVEMENTIONED PROVISIONS IN RESPECT OF MATTERS RELATING TO EMPLOYMENT SUPPORT IN COOPERATIVES AND WORKING SOCIETIES, SUPPORT FOR THE RETIREMENT OF WORKERS, PROMOTION OF SELF-EMPLOYMENT AND INTEGRATION OF THE DISABLED, ALL WITHOUT PREJUDICE TO THE PROVISIONS OF PARAGRAPH 4.

B) THE FOLLOW-UP FUNCTIONS REFERRED TO THE AIDS MANAGED BY THE COMMUNITY FORAL DE NAVARRA, FROM THE DATE OF EFFECTIVENESS OF THIS AGREEMENT.

2. THE FORAL COMMUNITY OF NAVARRA WILL BE RESPONSIBLE FOR THE MANAGEMENT AND MONITORING OF AID AND SUBSIDIES TO COOPERATIVES AND WORKING SOCIETIES, WHEN THEY CARRY OUT THEIR TYPICAL SOCIAL ACTIVITIES EXCLUSIVELY IN THE TERRITORIAL SPHERE OF THE FORAL COMMUNITY, WITHOUT DAMAGE TO THE INSTRUMENTAL RELATIONS WHICH THEY DEVELOP OUTSIDE THE SAME IN THE COURSE OF THEIR ACTIVITIES. 3. THE FORAL COMMUNITY OF NAVARRA SHALL MANAGE THE FUNDS FROM GRANTS WHICH ARE NOT PART OF THE COST EFFECTIVE UNDER THE GENERAL RULES OF THE STATE GOVERNING EACH TYPE OF SUBSIDY.

3.

SERVICES AND FUNCTIONS THAT CONTINUE TO CORRESPOND TO THE STATE ADMINISTRATION.

WILL CONTINUE TO BE EXERCISED BY THE CORRESPONDING ORGANS OF STATE ADMINISTRATION THE FOLLOWING FUNCTIONS:

(A) THE ELABORATION OF THE GENERAL PROVISIONS LAYING DOWN THE PROGRAMMES AND THE CONDITIONS FOR THE GRANTING OF AID AND GRANTS. ANNUALLY, ON THE BASIS OF OBJECTIVE CRITERIA, THE DISTRIBUTION BETWEEN THE COMMUNITIES TO WHICH THIS MATERIAL HAS BEEN TRANSFERRED SHALL BE CARRIED OUT, OF THE QUANTITIES ENTERED FOR THAT PURPOSE IN THE GENERAL BUDGETS OF THE STATE AND WHICH DO NOT CORRESPOND TO ACTIONS TO BE DEVELOPED IN AREAS AFFECTING MORE THAN ONE COMMUNITY.

B) THE MANAGEMENT AND FOLLOW-UP OF THE AID AND SUBSIDIES GRANTED TO SOCIETIES AND COOPERATIVES, WHEN THEY DO NOT CARRY OUT THEIR TYPICAL SOCIETARIAN ACTIVITY EXCLUSIVELY IN THE TERRITORIAL SPHERE OF THE COMMUNITY OF NAVARRA.

C) THE HIGH INSPECTION.

D) STATISTICS FOR STATE PURPOSES.

E) THE AUTHORISATION FOR THE MODIFICATION OF THE PARTICULAR CONDITIONS OF THE AID GRANTED.

F) THE FOLLOW-UP TO THE NORMAL REPAYMENT OF LOANS AND THE FOLLOW-UP TO THE EXERCISE OF SHARES ESTABLISHED IN THEM OR WHICH ARE A CONSEQUENCE OF NON-COMPLIANCE WITH CONTRACTUAL OBLIGATIONS.

4.

CONCURRENT AND SHARED FUNCTIONS BETWEEN THE STATE ADMINISTRATION AND THAT OF THE FORAL COMMUNITY AND INSTITUTIONAL FORMS OF COOPERATION.

WILL BE DEVELOPED IN A COORDINATED MANNER BETWEEN THE STATE ADMINISTRATION AND THAT OF THE FORAL COMMUNITY, IN ACCORDANCE WITH THE MECHANISMS THAT ARE IDENTIFIED IN EACH CASE, THE FOLLOWING FUNCTIONS:

A) THE FORAL COMMUNITY OF NAVARRA SHALL PROVIDE THE ADMINISTRATION OF THE STATE WITH STATISTICAL INFORMATION ON THE EXERCISE OF THE FUNCTIONS CARRIED OVER, IN ACCORDANCE WITH THE EXISTING METHODOLOGY OR THE ONE WHICH, WHERE APPROPRIATE, THE ADMINISTRATION OF THE STATE ESTABLISH, IN SUCH A WAY AS TO ENSURE ITS COORDINATION AND INTEGRATION WITH THE REST OF THE STATISTICAL INFORMATION AT THE STATE LEVEL. FOR ITS PART, THE ADMINISTRATION OF THE STATE WILL MAKE IT EASIER FOR THE COMMUNITY OF NAVARRA TO PROVIDE INFORMATION ON THE SAME SUBJECTS.

(B) EACH YEAR, PRIOR TO THE PREPARATION OF THE PROVISIONS REFERRED TO IN PARAGRAPH 3 (A), THE MINISTRY OF LABOUR AND SOCIAL SECURITY SHALL CONSULT ITS CONTENT WITH ALL THE COMMUNITIES CONCERNED.

5.

STAFF ASSIGNED TO THE SERVICES THAT ARE TRANSFERRED AND VACANT JOBS THAT ARE TRANSFERRED.

I. IT WILL BE INCORPORATED INTO THE ORGANIZATION OF THE CIVIL SERVICE OF THE COMMUNITY OF NAVARRA, IN THE TERMS PROVIDED FOR IN ARTICLE 7 OF ROYAL DECREE 2356/1984, THE STAFF WHO ARE NOMINALLY REFERRED TO IN THE ATTACHED RELATIONSHIP NUMBER 1.

THE SECRETARIAT OF THE MINISTRY OF LABOUR AND SOCIAL SECURITY SHALL NOTIFY THE PERSONS CONCERNED OF THE TRANSFER AND THEIR NEW ADMINISTRATIVE SITUATION, AND SHALL FORWARD THE CERTIFIED COPY OF ALL THE FILES OF THE TRANSFERRED STAFF, AS WELL AS CERTIFICATES OF ASSETS RELATING TO THE AMOUNTS DUE DURING 1985.

II. NO VACANT POSTS ARE TRANSFERRED.

6.

PROVISIONAL ASSESSMENT OF THE EFFECTIVE COST OF THE SERVICES TRANSFERRED AND THE NET BURDEN ASSUMED BY THE COMMUNITY OF NAVARRA.

I. THE PROVISIONAL ASSESSMENT OF THE EFFECTIVE COST OF THE SERVICES TRANSFERRED BY THIS AGREEMENT AND OF THE NET BURDEN BORNE BY THE FORAL COMMUNITY, IN ACCORDANCE WITH THE GENERAL BUDGET OF THE STATE FOR THE FINANCIAL YEAR 1986, IN accordance with paragraph 7 OF ARTICLE 6 OF REAL DECREE 2356/1984, OF 19 DECEMBER, AMOUNTS TO 4,753,1 THOUSAND PESETAS, ACCORDING TO DETAIL IN THE ATTACHED RELATION NUMBER 2.

II. IN ACCORDANCE WITH ARTICLE 8 OF THE AFOREMENTIONED ROYAL DECREE, THE COMMUNITY FORAL DE NAVARRA ASSUMES THE FINANCING OF THE SERVICES TRANSFERRED TO IT BY THIS AGREEMENT.

7.

INVENTORY OF GOODS, RIGHTS AND OBLIGATIONS THAT ARE TRANSFERRED.

I. THE ASSETS, RIGHTS AND OBLIGATIONS ATTACHED TO THE TRANSFERRED SERVICES ARE TRANSFERRED TO THE FORAL COMMUNITY OF NAVARRA, WHICH ARE RECOGNIZED IN RELATION NUMBER 3 OF THE ANNEX OF THE ROYAL DECREE APPROVING THE AGREEMENT OF THE TRANSFER BOARD FOR WHICH THE SERVICES OF THE STATE ADMINISTRATION IN THE FIELD OF WORK ARE TRANSFERRED TO THAT COMMUNITY.

THE TRANSFER OF THESE GOODS, RIGHTS AND OBLIGATIONS IS CARRIED OUT IN ACCORDANCE WITH ARTICLES 9 AND 10 OF ROYAL DECREE 2356/1984 OF 19 DECEMBER.

II. WITHIN ONE MONTH OF THE ENTRY INTO FORCE OF THE ROYAL DECREE ENACTING THIS AGREEMENT, THE CORRESPONDING ACT OF DELIVERY AND RECEIPT OF FURNITURE, EQUIPMENT AND INVENTORIED MATERIAL SHALL BE SIGNED.

8.

ADMINISTRATIVE DOCUMENTATION RELATING TO THE SERVICES BEING TRANSFERRED.

WITHIN ONE MONTH OF THE ENTRY INTO FORCE OF THE ROYAL DECREE ENACTING THIS AGREEMENT, THE NECESSARY DOCUMENTATION AND RECORDS SHALL BE PROVIDED FOR THE PROVISION OF THE TRANSFERRED SERVICES, THE CORRESPONDING MINUTES OF DELIVERY AND RECEIPT ARE SIGNED FOR THIS PURPOSE.

THE RESOLUTION OF THE FILES THAT ARE BEING PROCESSED IN THE DATE OF EFFECTIVENESS OF THE TRANSFER WILL TAKE PLACE IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 11 OF ROYAL DECREE 2356/1984.

9.

TRANSFER ERA DATE.

THE TRANSFER OF THE SERVICES COVERED BY THIS AGREEMENT SHALL BE EFFECTIVE FROM 1 JULY 1986.

AND FOR THE RECORD, THEY ISSUE THIS CERTIFICATION IN MADRID, ON MARCH 24, 1986, THE SECRETARIES OF THE TRANSFER BOARD: DON JUAN SOLER FERRER AND DON JOSE ANTONIO RAZQUIN LIZARRAGA.