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Royal Decree 1410 / 1984, Of 8 February, Transfer Of Functions And Services From The State To The Autonomous Community Of Aragon In The Field Of Nature Conservation.

Original Language Title: Real Decreto 1410/1984, de 8 de febrero, de traspasos de funciones y servicios del Estado a la Comunidad Autónoma de Aragón en materia de conservación de la naturaleza.

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TEXT

Royal Decree 3991/1982 of 28 December 1982 determines the rules and procedure to be followed by transfers of functions and services from the State to the Autonomous Community of Aragon.

In accordance with the provisions of the Royal Decree cited above, which also regulates the operation of the Joint Transfer Commission provided for in the sixth transitional provision of the Statute of Autonomy of Aragon, it adopted, in its The meeting of 23 December 1983, the appropriate agreement, the practical virtue of which requires its approval by the Government through Royal Decree.

By virtue of the provisions of the sixth transitional provision of the Statute of Autonomy of Aragon, on the proposal of the Ministers of Agriculture, Fisheries and Food and of Territorial Administration, and Discussion of the Council of Ministers at its meeting on 8 February 1984, I have:

Article 1. The agreement of the Joint Committee provided for in the sixth transitional provision of the Statute of the Autonomy of Aragon dated 23 December 1983, which transfers the functions of the State in the field of the conservation of nature to the The Autonomous Community of Aragon and the corresponding services and institutions and personal, material and budgetary resources are transferred to them for the exercise of those.

Art. 2. 1. Consequently, the functions referred to in the agreement included as an annex to this Royal Decree, as well as the services of the Institute for the Conservation of Nature and Goods, are transferred to the Autonomous Community of Aragon. rights and obligations, and the staff and budgetary appropriations contained in the relations attached to the Joint Committee's own agreement, in the terms and conditions specified therein.

Art. 3. The transfers referred to in this Royal Decree shall be effective as from the day indicated in the agreement of the said Joint Committee, without prejudice to the fact that the Ministry of Agriculture, Fisheries and Food produces until the entry into force of the this Royal Decree, the administrative acts necessary for the maintenance of the services in the same regime and operation as they had at the time of the adoption of the agreement that is transcribed as an annex to this Royal Decree.

Art 4. 1. The budgetary appropriations detailed in relations 3.2 will be discharged from the concepts of origin and transferred by the Ministry of Economy and Finance to the concepts set out in Section 32, which are intended to finance the (a) services assumed by the Autonomous Communities, once they are referred to the department cited by the Office of the Budget Office of the Ministry of Agriculture, Fisheries and Food, the certificates of credit retention to comply with the The provisions of the General Budget Law of the State in force.

2. The appropriations not included in the assessment of the actual cost, collected in relation to 3.3, shall be delivered directly by the Ministry of Agriculture, Fisheries and Food and the Autonomous Bodies concerned to the Autonomous Community of Aragon, any final recipient of the payment, in such a way that the Autonomous Community is able to dispose of the funds in advance necessary to give effect to the corresponding benefit within the same time limit as it was produced.

Art. 5. This Royal Decree will enter into force on the day of its publication in the Official Journal of the State.

Given in Madrid to 8 February 1984. -JUAN CARLOS R. -Minister of the Presidency, Javier Moscoso del Prado and Muñoz.

A N E X O

Dona C. T. S., Acting Secretary, and Doña M. A. G. G., Secretariat of the Joint Commission provided for in the transitional provision sixth of the Statute of Autonomy of Aragon, certify:

The agreement on transfers to the Autonomous Community of Aragon of the functions and services of the Institute for the Conservation of Europe was adopted at the session of the plenary session of the Joint Committee, held on 23 December 1983. Nature in the terms below are expressed:

A) Reference to the constitutional, statutory and legal rules in which the transfer is protected.

The Constitution, in Article 148.1, establishes that the Autonomous Communities may assume responsibility for agriculture and livestock in accordance with the general management of the economy (7.), mountains and (8), management in the field of environmental protection (9), fishing in inland waters, shellfish and aquaculture, river hunting and fishing (11.), promotion of sport and the proper use of leisure (19.), and in the article 149.1 reserves the exclusive competence of the State on the regulation of the basic conditions guarantee the equality of all Spaniards in the exercise of rights and in the fulfilment of constitutional duties (1.); bases and coordination of the general planning of economic activity (13.); basic legislation on protection the environment, mountains, forestry and livestock farming (23.); legislation and management of water resources and use when water flows through more than one Community (22); public works of general interest or (i) the implementation of the law on compulsory expropriation (18.); General system of communications (21.); international relations (3.); statistics for state purposes (31.) and bases of the energy system (25).

Also, Articles 45.2 and 130.2 provide that the public authorities will ensure the rational use of all natural resources and that they will provide special treatment for mountain areas.

For its part, the Statute of Autonomy of Aragon, in its article 35.1, establishes the exclusive competence of the Autonomous Community of Aragon in the field of:

5. Public works of interest of Aragón, within its territory and which do not have the legal status of general interest of the State or affect another Autonomous Community.

8. Agriculture, livestock and agri-food industries, according to the general management of the economy.

9. Special treatment of mountain areas.

10. Forests, forest services and services, livestock roads, pastures and protected natural areas, in the framework of the basic legislation of the State.

11. The projects, the construction and exploitation of the hydraulic, canals and irrigation, of interest of the Autonomous Community. Mineral waters, thermal and underground.

The management of water resources and uses, channels and irrigation, including hydroelectric power, when the water flows entirely within the territory of Aragon.

12. Fishing in inland waters, inland waterways and lake waters, aquaculture and hunting. Protection of the ecosystems in which such activities are carried out.

14. The planning of economic activity and the promotion of the economic development of the Autonomous Community, within the objectives marked by national economic policy. The creation and management of a regional public sector of the Community.

18. Promotion of sport and the proper use of leisure.

21. Statistics for the purposes of the Autonomous Community, coordinated with that of the State and other Autonomous Communities. Similarly, in Article 33.2, it provides that the Autonomous Community of Aragon is responsible for the implementation of the State's legislation in the field of:

c) Environmental protection.

Finally, in your article 40, states that:

1. The Autonomous Community of Aragon may request the Government of the nation to conclude international treaties or conventions on matters of interest to Aragon, and in particular to those arising from its geographical location as a border region.

2. The General Council of Aragón shall take the necessary measures for the implementation within its territory of all international treaties and of the normative acts of international organizations in respect of matters of their own the powers of the Autonomous Community.

On the basis of the constitutional and statutory provisions cited above, it is appropriate to carry out the transfer of functions and services corresponding to forest and nature conservation matters to the Autonomous Community of In this respect, the Court of the European Court of the European Court of the European Court of

In this sense, the functions that are entrusted, explicitly or implicitly, to the ICONA through the provisions that are outlined below, which basically regulate the actions of the Institute in afforestation and conservation of nature.

Law of June 13, 1879.

Law of March 10, 1941.

Law of October 18, 1941.

Law of February 20, 1942.

Law of 23 December 1948.

Law of 19 December 1951.

Law of December 20, 1952.

Law of July 20, 1955.

Law of 8 June 1957.

Law of July 21, 1960.

Law 37/1966 of 31 May.

Law 81/1968 of 5 December.

Law 1/1970 of 4 April.

Law 11/1971, of March 30.

Law 2/1973 of 17 March.

Law 22/1974 of 27 June.

Law 15/1975 of 2 May.

Law 5/1977 of 4 January.

Law 91/1978 of December 28.

Law 34/1979, dated November 16

Law 6/1980 of 3 March.

Law 25/1980 of 3 May.

Law 55/1980, of November 11.

Law 3/1981, of March 25.

Law 4/1981 of March 25.

Law 5/1981 of March 25.

Law 6/1981, of March 25.

Law 22/1982, of June 16.

Law 25/1982, of June 30.

Decree-Law 17/1971 of 28 October.

Decree 2274/1968 of 16 August.

Royal Decree 1346/1976 of 9 April.

Royal Decree 1105/1982 of 14 May.

Royal Decree 3180/1980, dated December 30.

Royal Decree 2214/1982, dated July 9.

Royal Decree 2265/1982 of 27 August.

Royal Decree 3091/1982 of 15 October.

B) Functions assumed by the Autonomous Community and identification of the services that are transferred:

First. -It is transferred to the Autonomous Community of Aragon, within its territorial scope, in the framework of the basic legislation on mountains, forestry and livestock roads and legislation on the protection of the environment. (a) the environment, as regards the conservation of nature and in the terms of this agreement and of the Decrees and other rules which make it effective and are published in the Official Journal of the State, the following functions:

1. The development of basic legislation on forests, forest exploitation and livestock pathways, as regards the protection of nature.

2. The study and inventory of renewable natural resources.

3. The creation, conservation, improvement and administration of forest masses in the conformed mountains or with agreements with the ICONA.

4. The functions attributed to the State Administration in the field of state mounts and the ownership of the ICONA, in accordance with the State Heritage legislation.

5. The administration and management of the montes owned by public entities other than the State, declared of Public Utility.

6. The declaration and protection of the protective mountains and the classification and protection of the Montes in the Common Hand.

7. The functions currently attributed to the ICONA relating to private property.

8. The statement of Public Utility, as well as the inclusion and exclusion in the Public Utility Mountains Catalogue.

9. The activities for the establishment, improvement and regeneration of grassland and for the complementary and auxiliary works and works.

10. The processing and resolution of the files for the estimation and inlination of riverbanks and streams, as well as the cases of expropriation and occupation of land estimated as banks for public utility.

11. The functions attributed to the State Administration in the field of livestock roads, with the exception of the disposal of land in excess of those whose itinerary exceeds the territory of the Autonomous Community of Aragon

12. The declaration of the Natural Parks.

13. The management and administration of protected natural spaces, with the exception of National Parks, which shall comply with the provisions of paragraph C. 10.

14. The administration and management of the national game reserves, national cotos, national hunting shelters, controlled hunting and social cotos, as well as the approval of the plans of use and management of the same.

15. The protection and restoration of the landscape.

16. The conservation and improvement of agricultural and forestry soils.

17. The powers conferred on the Autonomous Communities by Law 25/1982 of 30 June of Agriculture of Montana.

18. The functions assigned by ICONA pursuant to Law 11/1971 of 3 March on Seeds and Plants of Vivero, without prejudice to the provisions of paragraph C. 13.

19. The promotion and implementation of the recreational and educational policy of nature.

20. The protection, conservation, promotion and orderly use of the continental fish wealth and the application of the measures conducive to the achievement of these ends.

21. The monitoring and control of inland waters, as far as fish stocks are concerned.

22. The establishment and implementation of programmes for the protection of endangered or endangered species and the maintenance and reconstruction of biological balances in the natural space.

23. The issue of licences for the pursuit of hunting and fishing.

24. The granting of permits to hunt in the grounds of national hunting reserves and cotes, hunting social cotos, controlled hunting areas and for fishing in fishing.

25. Prevention and fight against forest fires.

26. The processing and imposition of the penalties corresponding to the functions transferred to the Autonomous Community.

27. Actions in the areas of socio-economic influence of the National Parks and National Reserves of Hunting according to Royal Decree 619/1982.

28. The establishment of cooperation agreements with local authorities on the creation, regeneration and improvement of green areas.

Second. -The services and institutions of the territorial environment are transferred to the Autonomous Community of Aragon, which are detailed in the annexes.

C) Functions that the State reserves.

The State Administration reserves the following functions legally attributed to it:

1. Basic legislation on forests, forestry and livestock farming and legislation on the protection of the environment, with regard to the conservation of nature.

2. The establishment of the bases and coordination of the general planning of economic activity with regard to forest and conservation of the natural environment.

3. Public works of general interest or whose performance affects more than one Autonomous Community.

4. International relations, coordination and monitoring of matters arising from international agreements. The Autonomous Community of Aragon may attend and participate in technical meetings of an international character within the Spanish delegation when required to do so, or to request their participation in matters relating to matters relating to which affect their interests.

5. Statistics for state purposes.

6. The National Forest Inventory.

7. National inventories of erosion zones, and special protection spaces.

8. The special register of the Mountain Association.

9. Management of the air means to provide nationwide coverage against forest fires and standards of material and equipment for prevention and extinction as well as the functions derived from insurance against forest fire risks.

10. The management and administration of the National Parks, without prejudice to the Conventions that will be carried out with the Autonomous Community of Aragon, as well as the approval of the plans for use and management.

11. Approval of the Governing Plans for the use and management of the spaces included in International Conventions, ratified by the General Courts, as well as the ratification of the instruments for the planning of natural spaces for the purposes of approval "

12. The approval of the decision-making plans for the use and management of protected natural spaces affecting more than one Autonomous Community.

13. International trade in forest seeds, flora and wildlife.

14. The forest houses of the ICONA used for national or international meetings and studies.

15. The other functions corresponding to the powers of the State of Article 149.1 of the Constitution, with territorial impact.

D) Functions in which the State Administration and the Autonomous Community and forms of cooperation are to participate.

First. -The State Administration and the Autonomous Community of Aragon will jointly develop the following functions:

1. The Autonomous Community of Aragón will participate in the planning of actions aimed at the hydrological restoration when it affects territories that exceed their territorial scope. The implementation of these actions shall be agreed with the Autonomous Communities concerned.

2 The coordination of the maintenance and restoration of biological balances, when they affect territories that exceed the scope of the Autonomous Community, without prejudice to its implementation by the Autonomous Community of Aragon, within its territory.

3 The coordination, in the forest fires, of the means of help and especially of the communication and air, as well as the systematization of statistics and the coordination of aids between different Autonomous Communities.

4. The State Administration shall, for the purposes of coordination, maintain State inventories and records in accordance with the bases established or established on the basis of the standard information to be received from the Communities. Autonomous, information that will revert to the benefit of the same.

5. The Autonomous Community of Aragón will inform the State Administration of the planning of the use and management of the Montes de Estado, the Montes de Utiidad Pública and the protected Natural Spanols on which they have competence.

6. Without prejudice to other powers that National Park legislation may recognize the Autonomous Community of Aragon, the Autonomous Community of Aragon will participate in the elaboration by the State of the decision-making plans for the use and management of the National Parks located in its territory, as well as the spaces included in International Conventions ratified by the General Courts.

7. The Composition of the Patronates of the National Parks located in the territory of Aragon, will be established by Convention between the State Administration and the Autonomous Community. The President shall be appointed by the Government of the Nation, and the Vice President shall be appointed by the Community of Aragon.

8. The Conservatives of the National Parks mentioned in the previous section will be appointed by the Government of the Nation according to the Autonomous Community.

Second.-They will be developed in coordination between the Ministry of Agriculture, Fisheries and Food and the Community of Aragon, through the collegiate body that is regulated by the Ministry and with participation of all Autonomous Communities, the following functions:

1. The bases for the establishment of the General Order of Vedas of Cynetic and Fish Species, as well as the preparation of the lists of protected species, without prejudice to the complementary rules that may be dictated by the Communities Autonomous.

2. The issue of hunting and fishing licences for the area higher than that of the Autonomous Community and the distribution and application of the revenue produced by these licences.

3. The rules for the performance of the Forest Guard services, for reasons of civil protection.

4. The standardization of the signals and legends of the land under special regime of hunting and continental fishing.

5. The establishment of the regulations for the approval of hunting trophies.

6. The development of general education programs in Nature.

7. The distribution of forest seeds, as well as species of wild fauna and flora.

8. The functions attributed to the National Board of Anillement.

9. As well as those other actions in which mutual agreement is considered to be of interest to both administrations.

Third. The Ministry of Agriculture, Fisheries and Food, to the extent of its possibilities, will provide technical and material support to the Autonomous Communities for the development of their activities in the transferred functions.

Fourth. -The Autonomous Community of Aragon, will provide, to the extent of its possibilities and when required, the technical support necessary to contribute to the exercise of coordination and international technical representation. by the State Administration.

Fifth. -The Patronates and the Boards of Directors of the Protected Natural Spaces, as well as the Advisory Boards of the National Caza Reserves and the representation of the MAPA in the same, will adapt to the autonomic process.

Sixth. -The Autonomous Community of Aragon, will assume the commitments derived from the agreements signed by ICONA to date in relation to the National Plan of Employment.

E) Goods, rights and obligations of the State that are transferred.

1. The Autonomous Community of Aragon, the goods, rights and obligations of the State which are collected in the detailed inventory of the attached relation number one *, are transferred to the Autonomous Community, where the buildings affected by the transfer are identified. These transfers shall be formalised in accordance with the provisions of the Autonomy Statute and other provisions in each applicable case.

The Autonomous Community of Aragon, is subrogated in the conventions or consortia of the mountains that have made the ICONA until the date of entry into force of this Royal Decree.

2. Within one month of the publication of the Royal Decree approving this Agreement, the corresponding minutes of delivery and receipt of furniture, equipment and inventoried material shall be signed.

F) Staff assigned to the services being transferred.

1. The staff assigned to the services transferred and who are nominally referred to in the attached relationship number two *, will become dependent on the Autonomous Community of Aragon, in the terms legally provided for by its Statute of Autonomy and the other rules in each applicable case, and in the same circumstances as specified in the attached relationship and with their Personnel Registration number.

2. The Secretariat of the Ministry of Agriculture, Fisheries and Food will notify the interested parties of the transfer and their new administrative situation as soon as the Government approves the Agreement. It shall also be forwarded to the competent bodies of the Autonomous Community of Aragón, a certified copy of all the files of this staff, as well as of the certificates of haberes, relating to the amounts due in 1984, by the State Administration to modify the organic and budgetary templates according to the operated transfers.

G) Job vacancies that are moved.

The vacant positions allocated to the budget are those that are detailed in the attached relations number two *, with indication of the Body or Scale to which they are attached or assimilated, organic level and corresponding budget allocation.

H) Final assessment of the financial charges for the Services transferred:

H. 1 The effective cost, which, according to the liquidation of the 1982 expenditure budget, corresponds to the services which are transferred to the Community, is definitively raised to 1,667,864 thousand pesetas, in accordance with the detailed rules in the relationship number 3.1 *.

This figure has been deducted from the assigned revenue amounts to that service.

H. 2 The financial resources that are intended to cover the costs incurred in the performance of the Services that are carried out during the financial year 1984 are included in the ratio 3.2 *.

H. 3 The effective cost as detailed in the assessment tables 3.1 will be financed in future financial years as follows:

H. 3.1 Transiently, until the corresponding Law on participation in the State Taxation takes effect, through the consolidation in Section 32 of the General Budget of the State of the appropriations relating to the different components of the effective cost, for the amounts that are indicated as likely to be updated by the general mechanisms provided for in each Budget Law.

a) Gross costs: * *

* Credits in pesetas 1982-(thousands of pesetas) *

Personnel Expenses * 822,095 *

Operating Expenses * 56,835 *

Investments for conservation, improvement and replacement * 893,835 *

* 1.772.765 *

b) To deduce: * *

Annual Collection by Rate and Other Income * 104,901 *

Net Financing * 1.667,864 *

H. 3.2 The possible differences that occur during the transitional period, as referred to in the previous paragraph regarding the financing of the services transferred, will be subject to regulation at the end of each financial year. (a) the economic and monetary union, the economic and monetary union, the economic and monetary union, the economic and monetary union, the economic and monetary union, the economic and monetary union, the

I) Documentation and records of the services being transferred.

The delivery of the documentation and files of the transferred services will be made within one month of the publication of the Royal Decree approving this Agreement. The resolution of the dossiers being processed shall be made in accordance with the provisions of Article 8. of Royal Decree 3991/1982 of 29 December 1982.

J) Transfer effectiveness date.

The transfer of functions and services with their means, which is the subject of this agreement, will be effective from 1 January 1984.

And for the record, we issued this certification in Madrid at December 23, 1983. -The Secretaries of the Joint Commission, C. T. S., Acting Secretary, and M. A. G. G.

* The inclusion of this relationship is omitted.