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 COMPETENCE, IT WILL BE CARRIED OUT AFTER AGREEMENT WITH THE FORAL DEPUTATION BY THE GOVERNMENT OF THE NATION, AND WILL BE PROMULGATED BY ROYAL DECREE.

THE REAL DECREE 2356/1984, OF DECEMBER 19, ESTABLISHES THE RULES GOVERNING THE TRANSFER OF SERVICES OF THE STATE ADMINISTRATION TO THE COMMUNITY FORAL OF NAVARRA CONSTITUTED THE BOARD OF TRANSFERS THAT PREVIEWS ITS ARTICLE 2, AFTER CONSIDERING THE DESIRABILITY AND LEGALITY OF CARRYING OUT THE TRANSFERS IN THE FIELD OF SOCIAL ASSISTANCE AND SERVICES, IT ADOPTED AT ITS MEETING ON 2 JULY 1985 THE APPROPRIATE AGREEMENT WHICH, FOR ITS EFFECTIVENESS, REQUIRES APPROVAL BY THE GOVERNMENT BY 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 31 JULY 1985, I HAVE:

ARTICLE 1. THE AGREEMENT OF THE TRANSFER BOARD, DATED 2 JULY 1985, IS APPROVED BY THE TRANSFER OF FUNCTIONS AND SERVICES OF THE STATE ADMINISTRATION IN THE FIELD OF SOCIAL ASSISTANCE AND SERVICES TO THE COMMUNITY OF NAVARRA.

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 INDICATED IN THE AGREEMENT OF THE SAID BOARD OF TRANSFERS, WITHOUT PREJUDICE TO THE PRODUCTION OF THE MINISTRY OF LABOR AND SOCIAL SECURITY UNTIL THE ENTRY INTO FORCE. THIS ROYAL DECREE, 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 WHICH IS TRANSCRIBED AS AN ANNEX TO THE ACTUAL PRESENT DECREE.

ART. 4. THE PROVISIONAL VALUE OF THE BUDGET APPROPRIATIONS, AS SET OUT IN THE ANNEX TO THE ANNEX, SHALL BE REDUCED BY THE CORRESPONDING AMOUNTS, AS FROM 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 ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE "OFFICIAL STATE BULLETIN".

GIVEN IN PALMA DE MALLORCA TO 1 AUGUST 1985. -JOHN CARLOS R.-THE MINISTER OF THE PRESIDENCY, JAVIER OSSO DEL PRADO AND MUÑOZ.

ANNEX

DON J. S. F. AND DON J. A. R. L., SECRETARIES OF THE TRANSFER BOARD PROVIDED FOR IN THE TRANSITIONAL PROVISION FOURTH OF ORGANIC LAW 13/1982, OF 10 AUGUST, OF REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA, Certify:

WHICH, AT THE PLENARY SESSION OF THE TRANSFER MEETING, HELD ON 2 JULY 1985, AGREEMENT WAS REACHED ON THE TRANSFER TO THE FORAL COMMUNITY OF NAVARRA OF THE FUNCTIONS AND SERVICES OF THE STATE IN THE FIELD OF SOCIAL ASSISTANCE AND SERVICES, IN THE TERMS THAT ARE REPRODUCED BELOW:

1. PRECEPTS OF THE CONSTITUTION AND THE ORGANIC LAW OF REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRE, IN WHICH THE COMPETITION OF THE FORAL COMMUNITY IS RECOGNIZED IN THE FIELD REFERRED TO IN THE SERVICES THAT ARE THE OBJECT OF TRANSFER.

IN THE VIEW OF THE PROVISION IN THE TRANSITIONAL PROVISION FOURTH OF ORGANIC LAW 13/1982, OF 10 AUGUST, OF REINTEGRATION AND IMPROVEMENT OF THE FORAL REGIME OF NAVARRA, AND IN ROYAL DECREE 2356/1984 OF 19 DECEMBER, AND OF THE PROVISIONS OF ARTICLES 148.1.20 OF THE CONSTITUTION AND ARTICLE 44 (17) OF THE SAID ORGANIC LAW CORRESPOND TO THE COMMUNITY ' S EXCLUSIVE COMPETENCE IN THE FIELD OF SOCIAL ASSISTANCE.

IT IS THEREFORE APPROPRIATE TO TRANSFER TO THE FORAL COMMUNITY THE FUNCTIONS AND SERVICES CORRESPONDING TO ITS POWERS IN THE FIELD OF SOCIAL ASSISTANCE.

2. IDENTIFICATION OF THE SERVICES BEING TRANSFERRED AND THE FUNCTIONS ASSUMED BY THE FORAL COMMUNITY.

CORRESPOND TO THE COMMUNITY OF NAVARRA, WITHIN ITS TERRITORIAL SCOPE, THE FOLLOWING FUNCTIONS AND SERVICES IN THE FIELD OF SOCIAL ASSISTANCE:

(A) THE SERVICES CORRESPONDING TO THE CENTERS AND ESTABLISHMENTS DEPENDENT ON THE EXTINCT AUTONOMOUS AGENCY NATIONAL INSTITUTE OF SOCIAL ASSISTANCE AND ITS PROVINCIAL DELEGATION.

B) THE GRANTING AND MANAGEMENT OF THE AID OF THE EXTINGUISHED SOCIAL ASSISTANCE FUND AS REGARDS THE BENEFICIARIES RESIDENT IN NAVARRA, AND THE CENTRES THAT ARE SUBSIDISED BY IT, IN ACCORDANCE WITH STATE LEGISLATION, AND WITHOUT DAMAGE TO THE AID PROVIDED BY THE FORAL COMMUNITY OF NAVARRA.

(C) IN THE CASE OF LARGE FAMILIES, THE COMMUNITY SHALL BE RESPONSIBLE FOR THE RECOGNITION OF THE STATUS OF SUCH FAMILIES, THE ISSUE OF SECURITIES AND THEIR RENEWAL, SUBJECT TO THE STATE MODEL, AND THE SANCTIONING POWER PART AND AMOUNT SET OUT IN THE LEGISLATION IN FORCE.

(D) THE ADMINISTRATIVE UNITS OF THE PROVINCIAL DIRECTORATE OF LABOUR AND SOCIAL SECURITY, CORRESPONDING TO SOCIAL SERVICES, AS WELL AS OTHER FUNCTIONS WHICH ARE TRANSFERRED.

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

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

THE MAINTENANCE OF RELATIONS WITH INTERNATIONAL FAMILY ASSOCIATIONS AND ORGANIZATIONS, AS WELL AS THE MANAGEMENT OF AID FOR REFUGEES AND STATELESS PERSONS, IN ACCORDANCE WITH THE STATE CONVENTION OF THE RED CROSS AND HIGH COMMISSIONER FOR THE UNITED NATIONS, OF THE GRANTS IN FAVOUR OF THE REAL EMPLOYERS ' EDUCATION AND CARE FOR THE POOR AND THE GRANTS FOR GLOBAL TRANSFERS TO SOCIAL SECURITY.

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

IS ESTABLISHED BETWEEN THE STATE AND THE COMMUNITY FORAL A MUTUAL DUTY OF INFORMATION, FOR THE PURPOSES OF STATISTICAL AND COMPUTER EVALUATION, ECONOMIC AND FINANCIAL REGIME, WITHOUT ALL OF THIS IMPLYING THE FACULTIES THAT LEGALLY THEY ARE ATTRIBUTED TO BOTH ADMINISTRATIONS. SIMILARLY, EACH TWO MONTHS SHALL BE REFERRED TO THE DIRECTORATE-GENERAL FOR SOCIAL ACTION FOR THE HIGH AND LOW LEVEL OF AID, FOR THE PURPOSES OF COORDINATION IN THE PAYMENT OF SUCH AID.

5. STAFF ASSIGNED TO THE SERVICES WHICH ARE TRANSFERRED AND VACANT POSTS WHICH ARE TRANSFERRED.

1. IT SHALL BE INCORPORATED INTO THE ORGANISATION OF THE CIVIL SERVICE OF THE COMMUNITY FORAL DE NAVARRA, IN ACCORDANCE WITH ARTICLE 7. OF ROYAL DECREE 2356/1984, THE STAFF WHO ARE NOMINALLY REFERRED TO IN THE ATTACHED RELATIONSHIP NUMBER 1 (+).

TO THIS END, 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 TO THE COMPETENT ORGAN OF THE COMMUNITY. THE FILES OF THE TRANSFERRED STAFF, AS WELL AS THE CERTIFICATES OF ASSETS RELATING TO THE AMOUNTS WRITTEN DURING 1984.

2. 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.

1. 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 OF 1985, IN ACCORDANCE WITH THE PROVISIONS OF THE 7 OF THE ARTICLE 6 OF REAL DECREE 2356/1984, OF 19 DECEMBER, AMOUNTS TO 271,729 AND 258,848 THOUSANDS OF PESETAS, RESPECTIVELY, ACCORDING TO DETAIL IN THE ATTACHED RELATION NUMBER 2 (+).

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

7. INVENTORY OF GOODS, RIGHTS AND OBLIGATIONS THAT ARE TRANSFERRED.

1. THE ASSETS, RIGHTS AND OBLIGATIONS ATTACHED TO THE TRANSFERRED SERVICES ARE TRANSFERRED TO THE FORAL COMMUNITY OF NAVARRA, WHICH ARE INCLUDED IN THE DETAILED INVENTORY OF THE ATTACHED RELATIONSHIP NUMBER 3 (+).

(+) THE INCLUSION OF THIS RELATIONSHIP IS OMITTED.

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.

2. 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. BUDGET APPROPRIATIONS THAT ARE TRANSFERRED.

IN ORDER TO SATISFY THE FIXED OBLIGATIONS OF SUBJECTIVE RIGHTS (MONTHLY AID TO DISABLED ELDERLY AND DISABLED PERSONS AND GRANTS FOR DISABLED PERSONS ADMITTED TO CENTRES), THE CREDIT RESULTING FROM THE NUMBER OF THE RECOGNIZED RIGHTS AND THE AMOUNT OF THE SAME ON THE FIRST OF JANUARY OF EACH YEAR, WITH THE REGULARISATIONS TAKING PLACE IN THE MONTHS OF JULY AND DECEMBER.

9. 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.

10. DATE OF EFFECTIVENESS OF THE TRANSFER.

THE TRANSFER OF THE SERVICES COVERED BY THIS AGREEMENT SHALL BE EFFECTIVE FROM 1 JULY 1985.

AND FOR THE RECORD, WE ISSUED THIS CERTIFICATION IN MADRID AT 2 JULY 1985. -THE SECRETARIES OF THE TRANSFER BOARD, J.S.F. AND J.A.R.L.