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Royal Decree 1117/1985, Of June 19 Handover Of Services To The State Administration Navarra On Spatial Planning And Urban Development.

Original Language Title: Real Decreto 1117/1985, de 19 de junio, de traspaso de servicios de la Administración del Estado a la Comunidad Foral de Navarra en materia de Ordenación del territorio y urbanismo.

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TEXT

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.

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 (2) OF THIS REGULATION, AFTER CONSIDERING THE ADVISABILITY AND LEGALITY OF CARRYING OUT THE TRANSFERS IN MATTERS OF SPATIAL PLANNING AND URBAN PLANNING, ADOPTED AT ITS MEETING OF 29 APRIL 1985 THE APPROPRIATE AGREEMENT THAT FOR ITS EFFECTIVENESS REQUIRES THE APPROVAL OF THE GOVERNMENT THROUGH 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 PUBLIC WORKS URBAN PLANNING AND TERRITORIAL ADMINISTRATION AND AFTER DELIBERATION BY THE COUNCIL OF MINISTERS AT ITS MEETING ON 19 JUNE 1985, I HAVE:

ARTICLE 1. THE AGREEMENT OF THE BOARD OF TRANSFERS DATED APRIL 29, 1985, WHICH TRANSFERS FUNCTIONS AND SERVICES OF THE STATE ADMINISTRATION IN MATTERS OF LAND MANAGEMENT AND URBAN PLANNING 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 INDICATED IN THE AGREEMENT OF THE SAID BOARD OF TRANSFERS, WITHOUT PREJUDICE TO THE MINISTRY ' S PRODUCTION OF THE NECESSARY ADMINISTRATIVE ACTS 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 THIS ROYAL DECREE AND WHICH, WHERE APPROPRIATE, HAS BEEN DICTATED BY THE MINISTRY OF PUBLIC WORKS AND TOWN PLANNING UNTIL THE DATE OF PUBLICATION OF THIS ROYAL DECREE.

ART. 4. THE PROVISIONAL VALUE OF THE BUDGET APPROPRIATIONS, WHICH ARE PROVISIONALLY ASSESSED IN DETAIL IN RELATION TWO (1) OF THE ANNEX, 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 ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE "OFFICIAL STATE BULLETIN".

DADO IN MADRID TO 19 JUNE 1985. -JOHN CARLOS R.-THE MINISTER OF THE PRESIDENCY, JAVIER OSSO DEL PRADO Y MUÑOZ.

ANNEX

DON J. S. F. AND DON J. A. R. L., 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, CERTIFIES:

AGREEMENT ON THE TRANSFER OF STATE SERVICES TO THE FORAL COMMUNITY OF NAVARRA IN THE AREA OF SPATIAL PLANNING AND URBAN PLANNING WAS ADOPTED AT THE PLENARY SESSION OF THE TRANSFER MEETING HELD ON 29 APRIL 1985. TERMS THAT ARE THEN REPRODUCED:

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 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 ARTICLES 148.1.3 OF THE CONSTITUTION AND 44.1 OF THE AFOREMENTIONED ORGANIC LAW, CORRESPONDS TO THE COMMUNITY FORAL THE EXCLUSIVE COMPETENCE IN MATTERS OF SPATIAL PLANNING AND URBANISM.

CONSEQUENTLY, IT IS APPROPRIATE TO TRANSFER TO THE FORAL COMMUNITY THE FUNCTIONS AND SERVICES CORRESPONDING TO ITS POWERS IN TERMS OF SPATIAL PLANNING AND URBAN PLANNING.

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

THE FORAL COMMUNITY OF NAVARRA WILL EXERCISE WITHIN ITS TERRITORIAL SCOPE THE FUNCTIONS WHICH, IN MATTERS OF SPATIAL PLANNING AND URBAN PLANNING, REGULATED IN THE LEGISLATION OF THE SOIL, HAD BEEN CARRIED OUT BY THE ADMINISTRATION OF THE STATE, EXCEPT THOSE RESERVED IN PARAGRAPH 3 OF THIS AGREEMENT.

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

WILL CONTINUE TO BE EXERCISED BY THE CORRESPONDING ORGANS OF THE STATE ADMINISTRATION AS REFERRED TO IN ARTICLE 180.2 AND 3 OF THE LAW OF THE SOIL, RECAST TEXT OF 9 APRIL 1976, PRIOR TO THE REPORT OF THE COMMUNITY FORAL.

4. CONCURRENT AND SHARED FUNCTIONS BETWEEN THE STATE ADMINISTRATION AND THAT OF THE FORAL COMMUNITY THE FOLLOWING FUNCTIONS:

A) THE RESEARCH AND STUDY IN THE FIELD OF SPATIAL PLANNING AND URBAN PLANNING.

B) THE AID AND THE ECONOMIC, TECHNICAL AND PERSONNEL COOPERATION WITH THE LOCAL AND LOCAL ADMINISTRATIONS IN THE SAME SUBJECTS.

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

I. 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, OF 19 DECEMBER, THE STAFF WHO ARE NOMINALLY REFERRED TO IN THE ATTACHED RELATIONSHIP NUMBER 1 (1).

THE SECRETARIAT OF THE MINISTRY OF PUBLIC WORKS AND URBAN PLANNING SHALL NOTIFY THE PERSONS CONCERNED OF THE TRANSFER AND THEIR NEW ADMINISTRATIVE SITUATION AND SHALL FORWARD TO THE COMPETENT COMMUNITY BODY THE CERTIFIED COPY OF ALL THE FILES. OF THE TRANSFERRED STAFF, AS WELL AS THE CERTIFICATES OF ASSETS RELATING TO THE AMOUNTS DUE DURING 1984.

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 ASSUMED BY THE FORAL COMMUNITY, IN ACCORDANCE WITH THE GENERAL BUDGET OF THE STATE FOR 1985, IN ACCORDANCE WITH ARTICLE 6 (7). ROYAL DECREE 2356/1984 OF 19 DECEMBER 1984 AMOUNTS TO PESETAS 17.861,000, AS SHOWN IN THE ATTACHED RATIO NUMBER 2 (1).

II. IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 8. FROM THE CITOREAL 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.

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

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. 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, THEY ISSUE THIS CERTIFICATION IN MADRID AT 29 APRIL 1985.-THE SECRETARIES OF THE TRANSFER BOARD, J.S.F. AND J.A.R.L.

(1) (OMITHIDES RELATIONSHIPS)