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Royal Decree 226/1986, Of 24 January, Transfer Of Services From The Government To The Comunidad Foral De Navarra, Casinos And Betting.

Original Language Title: Real Decreto 226/1986, de 24 de enero, de traspaso de servicios de la Administración del Estado a la Comunidad Foral de Navarra en materia de casinos, juegos y apuestas.

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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 ACCORDING TO THE SAME, IT WILL BE CARRIED OUT AFTER 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 OF THIS ARTICLE, WHICH, AFTER CONSIDERING THE APPROPRIATENESS AND LEGALITY OF CARRYING OUT THE TRANSFERS IN THE FIELD OF CASINOS, GAMES AND BETTING, ADOPTED AT ITS MEETING ON 23 DECEMBER 1985 THE APPROPRIATE AGREEMENT THAT, FOR ITS EFFECTIVENESS, REQUIRES APPROVAL BY THE GOVERNMENT, 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 THE INTERIOR AND TERRITORIAL ADMINISTRATION AND AFTER DELIBERATION BY THE COUNCIL OF MINISTERS AT ITS MEETING OF 24 JANUARY 1986, I HAVE:

ARTICLE 1. THE AGREEMENT OF THE BOARD OF TRANSFERS DATED DECEMBER 23, 1985, WHICH TRANSFERS FUNCTIONS AND SERVICES OF THE STATE ADMINISTRATION IN MATTERS OF CASINOS, GAMES AND BETTING TO THE COMMUNITY OF NAVARRA, IS APPROVED.

ART. 2. CONSEQUENTLY, THE FUNCTIONS AND SERVICES REFERRED TO IN THE AGREEMENT WHICH IS INCLUDED AS AN ANNEX TO THIS ROYAL DECREE ARE TRANSFERRED TO THE FORAL COMMUNITY OF NAVARRA IN THE TERMS AND CONDITIONS SPECIFIED THEREIN.

ART. 3. THE TRANSFERS REFERRED TO IN THIS ROYAL DECREE SHALL BE EFFECTIVE FROM THE DATE SPECIFIED IN THE AGREEMENT OF THE SAID BOARD OF TRANSFERS, WITHOUT PREJUDICE TO THE PRODUCTION OF THE MINISTRY OF THE INTERIOR UNTIL THE ENTRY INTO FORCE OF THE PRESENT ROYAL DECREE, THE ADMINISTRATIVE ACTS NECESSARY FOR THE MAINTENANCE OF THE SERVICES IN THE SAME REGIME AND LEVEL OF FUNCTIONING THAT THEY HAD AT THE MOMENT OF THE ADOPTION OF THE AGREEMENT THAT IS TRANSCRIBED AS AN ANNEX OF THE PRESENT ROYAL DECREE.

ART. 4. THE PROVISIONAL VALUE OF THE BUDGET APPROPRIATIONS, AS SPECIFIED IN THE ANNEX, NUMBER 1, SHALL BE DISCHARGED FOR THE AMOUNTS CORRESPONDING TO THE DATE OF ENTRY INTO FORCE OF THE ACTUAL PRESENT. I DECREE, BY MEANS OF THE APPROPRIATE BUDGET AMENDMENT DOSSIER.

ART. 5. THIS ROYAL DECREE WILL TAKE EFFECT ON THE SAME DAY AS ITS PUBLICATION IN .

DADO IN MADRID AS OF 24 JANUARY 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. ROYAL 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:

THAT, AT THE PLENARY SESSION OF THE TRANSFER BOARD, HELD ON 23 DECEMBER 1985, AGREEMENT WAS REACHED ON THE TRANSFER TO THE COMMUNITY OF NAVARRA OF THE FUNCTIONS AND SERVICES OF THE STATE IN THE FIELD OF CASINOS, GAMES AND BETTING, 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 ON THE MATTER TO WHICH THE SERVICES THAT ARE OBJECT OF TRANSFER IN THE LIGHT OF WHAT IS ESTABLISHED IN THE TRANSITIONAL PROVISION 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 ARTICLE 44.16 OF THE AFOREMENTIONED ORGANIC LAW, CORRESPONDS TO THE COMMUNITY OF NAVARRA THE COMPETITION EXCLUSIVE IN TERMS OF CASINOS, GAMES AND BETS, EXCEPT FOR THE MUTUAL SPORTSBOOK.

CONSEQUENTLY, IT IS NECESSARY TO TRANSFER TO THE COMMUNITY THE FUNCTIONS AND SERVICES CORRESPONDING TO ITS COMPETENCES IN THE FIELD OF CASINOS, GAMES AND BETS.

2.

IDENTIFICATION OF THE SERVICES THAT ARE TRANSFERRED AND OF THE FUNCTIONS ASSUMED BY THE COMMUNITY FORAL DE NAVARRA WILL EXERCISE WITHIN ITS TERRITORIAL SCOPE THE FOLLOWING FUNCTIONS WHICH, IN MATTERS OF CASINOS, GAMES AND BETS, WAS BEING PERFORMED BY THE STATE ADMINISTRATION:

A) ADMINISTRATIVE AUTHORIZATION FOR THE INSTALLATION, OPENING AND OPERATION OF GAMING CASINOS.

B) GRANTING AND REVOCATION OF PROFESSIONAL DOCUMENTS REQUIRED FOR THE PERFORMANCE OF FUNCTIONS IN GAMBLING ESTABLISHMENTS INSTALLED IN THE TERRITORY OF THE FORAL COMMUNITY.

C) ADMINISTRATIVE AUTHORIZATION FOR THE INSTALLATION, OPENING, MODIFICATION AND OPERATION OF BINGO HALLS, AS WELL AS THE RENEWAL AND, WHERE APPROPRIATE, THE EXPIRATION OF THE SAME.

D) ADMINISTRATIVE AUTHORIZATION FOR THE CONSTITUTION, MODIFICATION AND EXTINCTION OF SERVICE COMPANIES FOR THE MANAGEMENT OF BINGO HALLS THAT DEVELOP THEIR ACTIVITY IN THE AREA OF THE FORA COMMUNITY.

E) ADMINISTRATIVE AUTHORIZATION FOR THE CONSTITUTION, MODIFICATION AND EXTINCTION OF OPERATORS OF RECREATIONAL AND RANDOM MACHINES THAT DEVELOP THEIR ACTIVITY IN THE AREA OF THE FORAL COMMUNITY.

F) GRANTING OF PERMITS FOR THE EXPLOITATION OF RECREATIONAL AND RANDOM MACHINES, IN THE AREA OF THE FORAL COMMUNITY.

G) ROOM INSTALLATION AUTHORIZATION FOR RECREATIONAL MACHINES OF TYPES AND .

H) ADMINISTRATIVE AUTHORIZATION FOR THE GAME THROUGH TICKETS IN THE AREA OF THE FORAL COMMUNITY.

I) CONTROL, INSPECTION AND, WHERE APPROPRIATE, ADMINISTRATIVE PENALTY OF GAMBLING ACTIVITIES.

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) DETERMINATION OF THE GAMES, ELEMENTS, CONDITIONS AND CIRCUMSTANCES IN WHICH THEY ARE LAWFUL OR ILLEGAL AND THEIR DIFFERENT SANCTIONS.

B) GENERAL PLANNING WITHIN THE FRAMEWORK OF ARTICLE 131 OF THE CONSTITUTION.

C) APPROVAL AND IDENTIFICATION OF THE GAME MATERIAL.

D) AUTHORIZATION AND REGISTRATION OF COMPANIES AT NATIONAL LEVEL. THE STATE ADMINISTRATION SHALL COMMUNICATE THESE ACTS TO THAT OF THE FORAL COMMUNITY.

E) STATISTICS FOR STATE PURPOSES.

F) THE GAME-RELATED SECURITY FUNCTIONS THAT ACCORDING TO THE CURRENT LEGISLATION CORRESPOND TO THE STATE.

4.

CONCURRENT AND SHARED FUNCTIONS BETWEEN THE ADMINISTRATION OF THE STATE AND THAT OF THE FORAL COMMUNITY AND INSTITUTIONAL FORMS OF COOPERATION WILL BE DEVELOPED IN A COORDINATED MANNER BETWEEN THE ADMINISTRATION OF THE STATE AND THAT OF THE FORAL COMMUNITY. THE FOLLOWING FUNCTIONS:

A) THE MINISTRY OF THE INTERIOR SHALL INFORM PRECEPTIVELY AND IN A BINDING MANNER IN RESPECT OF ALL THE AUTHORIZATIONS WHOSE COMPETENCE CORRESPONDS TO THE COMMUNITY OF NAVARRA, BUT ONLY WITH RESPECT TO QUESTIONS OF SECURITY A CITIZEN RELATED TO THE GAME.

B) THE MINISTRY OF THE INTERIOR AND THE COMMUNITY OF NAVARRA WILL INFORM EACH OTHER OF THE ADMINISTRATIVE VIOLATIONS THAT, IN MATTERS OF PLAY, ARE KNOWN RESPECTIVELY.

5.

PERSONNEL ASSIGNED TO THE SERVICES THAT ARE TRANSFERRED AND VACANT JOBS THAT ARE TRANSFERRED NONE.

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 ASSUMED BY THE FORAL COMMUNITY, IN ACCORDANCE WITH THE GENERAL BUDGET OF THE STATE FOR 1985, IN ACCORDANCE WITH ARTICLE 6 (7) OF THE ROYAL DECREE 2356/1984, OF 19 DECEMBER, AMOUNTS TO 904 THOUSAND PESETAS, ACCORDING TO DETAIL IN THE ATTACHED RATIO NUMBER 1.

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 TRANSFERRED TO THE FORAL COMMUNITY OF NAVARRA THE GOODS, RIGHTS AND OBLIGATIONS ATTACHED TO THE TRANSFERRED SERVICES, WHICH ARE RECOGNIZED IN THE ATTACHED RELATIONSHIP NUMBER 2.

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 THAT ARE TRANSFERRED WITHIN ONE MONTH FROM THE ENTRY INTO FORCE OF THE ROYAL DECREE ENACTING THIS AGREEMENT, THE DOCUMENTATION AND THE DOCUMENTS WILL BE DELIVERED. PRECISE DOSSIERS FOR THE PROVISION OF THE TRANSFERRED SERVICES, WITH THE CORRESPONDING ACT OF DELIVERY AND RECEIPT.

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 JANUARY 1986.

AND FOR THE PURPOSE OF THE PRESENT CERTIFICATION IN MADRID AT 23 DECEMBER 1985. THE SECRETARIES OF THE TRANSFER BOARD, JUAN SOLER FERRER AND JOSE ANTONIO RAZQUIN LIZARRAGA.