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Royal Decree 3065/1983, 5 October, On Transfer Of Functions And Services From The State To The Autonomous Community Of Aragon In The Field Of Culture.

Original Language Title: Real Decreto 3065/1983, de 5 de octubre, sobre tráspaso de funciones y servicios del Estado a la Comunidad Autónoma de Aragón en materia de cultura.

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By Royal Decrees 3529/1981, of 29 December, and 2514/1982 of 12 August, certain functions and services were transferred to the Autonomous Community of Aragon in the field of the National Reading Centre, the Legal Deposit of Books and ISBN, Documentary and Bibliographic Treasury, General Registry of Intellectual Property, Youth, Sports and Sociocultural Promotion, and also the corresponding personal, material and budgetary means were also transferred.

On the other hand, Royal Decree 3991/1982 of 29 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, which also regulates the operation of the Joint Commission of Transfers provided for in the transitional provision sixth of the Statute of Autonomy of Aragon, Organic Law On 10 August, the Commission, after considering the advisability and legality of supplementing the transfers hitherto carried out in the field of culture, adopted at its meeting on 27 June 1983 the appropriate agreement, the virtue of which is It requires its approval by the Government through Royal Decree.

In its virtue, in compliance with the provisions of the provisions of the sixth transitional provision of the Statute of Autonomy of Aragon, on the proposal of the Ministers of Culture and of Territorial Administration, and after deliberation of the Council of Ministers at its meeting on 5 October 1983, I have:

Article 1. The Agreement of the Joint Committee provided for in the sixth transitional provision of the Statute of Autonomy of Aragon dated 27 June 1983 transferring the functions of the State in the field of Culture to the Autonomous Community of Aragón is hereby approved. 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, which are included as Annex I to this Royal Decree and which have been transferred to the same services and goods, rights and obligations, are transferred to the Autonomous Community of Aragon. the staff and budget appropriations contained in the relations attached to the Joint Committee's own Agreement, in the terms and conditions specified therein.

2. The legal provisions affected by this transfer are set out in Annex II * to this Royal Decree.

Art. 3. The transfers referred to in this Royal Decree shall be effective from 1 July 1983, as indicated in the Agreement of the said Joint Committee, and all administrative acts intended for the purpose of this Agreement shall be validated for this purpose. 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 Annex I to this Royal Decree and which, if necessary, has been given by the Ministry of Culture to the date of publication of this Royal Decree.

Art. 4. This Royal Decree will enter into force on the day of its publication in the Official Journal of the State.

Given in Madrid to October 5, 1983.-JUAN CARLOS R.-The Minister of the Presidency, Javier Moscoso del Prado and Muñoz.

* Published in the Official Journal of the State > number 27, on 1 February 1984, marginal number 2567.

ANNEX I

Don J. A. T. S. and Doña M. A. G. G., Secretaries of the Joint Committee provided for in the sixth transitional provision of the Statute of Autonomy for Aragon, certify:

At the plenary session of the Commission, held on 27 June 1983, the Agreement on the transfer to the Autonomous Community of the functions and services of the State in the field of Culture was adopted in the following terms: are expressed:

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

The Constitution, in Article 148, establishes that the Autonomous Communities may assume competence in the field of museums and libraries of interest to the Autonomous Community (paragraph 1, number 15); monumental heritage of interest for the Autonomous Community (paragraph 1, number 16); and promotion of culture (paragraph 1, number 17). In Article 149, the State reserves exclusive competence in international relations (paragraph 1, number 3); intellectual property legislation (paragraph 1, number 9); bases and coordination of the general planning of the activity (1) economic (paragraph 1, number 13); basic standards, in general, of all social media (paragraph 1, number 27); defence of the cultural, artistic and monumental heritage of Spain against export and export, and museums; libraries and state ownership files, without prejudice to their management by the Communities Autonomous (paragraph 1, number 28). Finally, the Constitution, in its article 149, 2, states that, without prejudice to the powers that the Autonomous Communities may assume, the State shall consider the service of culture as essential duty and attribution and facilitate communication (a) cultural relations between the Autonomous Communities, according to them.

For its part, the Statute of Autonomy of Aragon establishes in its article 35 that the Autonomous Community of Aragon has exclusive competence in the following matters: museums, archives, libraries and centres of Fine Arts of interest for the Autonomous Community of non-state ownership (paragraph 16); culture with particular reference to the particular manifestations of Aragon and its linguistic modalities by ensuring their conservation and promoting their study (paragraph 23). Article 36 of the Autonomous Community of Aragon also assumes, within the framework of the basic legislation of the State, the function of implementation and legislative development in the field of: cultural, historical, artistic, monumental, archaeological, Architectural of interest to the Autonomous Community.

On the basis of these constitutional and statutory provisions it is legally possible for the Autonomous Community of Aragon to have powers in matters of historical, artistic, monumental, architectural, paleontological and ethnological, archives, libraries, museums, collections of similar nature and services of fine arts; promotion and promotion of culture, with special reference to the sectors of music, theatre, cinematography, book and editions, by what is necessary to operate already in this field transfers of functions and services of such This is the way the process can be completed.

Royal Decree 442/1981 of 6 March 1981 and other supplementary provisions attribute to the Ministry of Culture certain powers concerning the organisation and promotion of intellectual and artistic creation and promotion and dissemination of culture; the promotion of the book and the sound, audiovisual and cinematographic editions, and the activities in the field of creation, conservation and musical and theatrical dissemination; the functions of protection, inventory, restoration, increase and dissemination of the historical-artistic, archaeological, paleontological and ethnological; the conservation, exploration and enhancement of the documentary and bibliographic wealth, and the care, endowment, installation, promotion and advice of museums and exhibitions.

B) Functions of the State that the Autonomous Community assumes and the identification of the services that are transferred.

Transfer to the Autonomous Community of Aragon, within its territorial scope, in the terms of this agreement and of the Decrees and other rules that make it effective and published in the "Official State Gazette" the following functions that the State was performing:

1. In matters of historical, artistic, monumental, architectural, archaeological, paleontological and ethnological, as well as in archives, libraries, museums and services of fine arts, and under the protection of article 148, 1, of the Constitution, points 15 and 16, and Articles 35 and 36 of the Statute of Autonomy of Aragon

a.1) The function of implementation and legislative development in the field of: historical, artistic, monumental, architectural, archaeological, paleontological and ethnological heritage, and on the documentary and bibliographic treasure, of interest of the Autonomous Community, without prejudice to the provisions of Articles 139, 2, and 149, 1, numbers 1, 3, 6, 8, 9, 10 and 28, and 149, 2, of the Constitution, in relation to the materials of Heritage and Fine Arts.

a.2) Furniture and immovable property of historical, artistic, monumental, architectural, archaeological, paleontological and ethnological value shall be considered as part of this Heritage of Interest of the Autonomous Community. movable property of literary, documentary or scientific value in the territory of the Autonomous Community.

a.3) The exception of state-owned movable property held or held in museums, archives and libraries of that nature, and those in the warehouse from centres or services of ownership state.

a.4) The Administration of the State and the Autonomous Community may establish agreements to act jointly on certain goods referred to in paragraphs a.2 and a.3, under the conditions laid down in each case by mutual agreement.

b) All functions on the archives, libraries, museums and services of fine arts of interest to the Autonomous Community that are not of State ownership. Agreements may be drawn up in the manner provided for in paragraph (4).

(c) The exercise of the expropriation power and the right of preferential acquisition in the cases provided for in the legislation on the protection of the historical and artistic heritage and the documentary and bibliographic treasure, except in the case of export requests. In this last matter, the Ministry of Culture will give a mandatory hearing to the Autonomous Communities in the Board of Qualification, Valuation and Export of works of historical and artistic importance.

d) The execution of state legislation on the declaration of monuments and historical-artistic ensembles.

e) By agreement between the Ministry of Culture and the Autonomous Community, which will be signed within six months of the entry into force of this Royal Decree, the terms of the rights will be established and the obligations of both parties to the management of museums, archives and libraries of State ownership, in accordance with the constitutional and statutory principles and with the exceptions which, where appropriate, are provided for.

2. With regard to the promotion of culture, with particular reference to music, theatre, cinematography, the book and editions, in accordance with Article 35 (23) of the Statute and Article 148, 1, 17, of the Constitution.

a) The promotion of music and dance, the promotion of creativity and the dissemination of the same, as well as the help of concert societies, associations and musical entities, orchestras and instrumental ensembles, corals, lyric and choreographic, and the organization and promotion of musical manifestations of all kinds, as well as the preservation of folklore.

b) The promotion of theatre and the promotion of theatrical companies and groups, as well as the development and promotion of all kinds of theatrical activities, festivals, competitions, children's theatre, youth and vocational, support for the theatre Stage creativity and its diffusion, and help to theatrical entities and spectator associations.

c) The promotion of all kinds of activities that promote cinematography and artistic creativity in this field of culture; help to film-clubs and film cultural entities and support for demonstrations Film in general.

d) The promotion of literary creation, the promotion of the book and the audio and audiovisual editions and the promotion of the habit of reading; support for the author and his work, the cultural diffusion through the book and the Literary manifestations and the creation and maintenance of phonecits.

3. The creation and maintenance of cultural infrastructure.

4. The functions exercised by the Ministry of Culture in the field of Cultural Foundations and Associations, provided that they do not exceed in their basic and principal activities the territorial scope of the Autonomous Community.

C) Competences, services and functions reserved by the State Administration.

Consequently, with the relationship of functions and services transferred, they will remain in the Ministry of Culture and will remain of their competence to be exercised by himself the following functions and activities that he has legally attributed and perform the services cited.

Specific:

1. (a) In accordance with the provisions of Article 149, 1, point 28 of the Constitution, the exclusive competence in Aragon for the defense of cultural, artistic and monumental heritage against export and expolation, whatever its degree or order of interest.

As for the museums, libraries and archives of state ownership, it will be foreseen in the Convention that for the management of the same will be agreed between the Ministry of Culture and the Autonomous Community.

(b) The powers conferred on the State, as provided for in Articles 149, 1, numbers 1, 3, 6, 8, 9 and 10, and 149, 2 of the Constitution, in relation to heritage and fine arts.

c) Act subsidiary, applying state legislation on historical-artistic heritage, libraries, archives, museums and documentary and bibliographic treasures, in compliance with the provisions of Article 149, 1, point 28, and Article 149, 2, of the Constitution, when the Autonomous Community does not exercise its powers in this order. To this end, the competent bodies of the Autonomous Community may be required, by means of the Government Delegate, to act in the exercise of their powers. If the decision requested in the order is not adopted by the Autonomous Community within one month, the State Administration shall act as indicated, and its activity shall be exhausted in the adoption of the measures requested in the a request, and in the resolution, where appropriate, of the corresponding administrative resources.

(d) To be subrogated in the expropriatory power and the right of preferential acquisition, provided that it is done within the corresponding legal deadlines, when the Autonomous Community renounces the exercise of those powers or when The requirement referred to in the preceding paragraph shall be waived. The Autonomous Community shall be deemed to waive the right of preferential acquisition if it does not exercise it in the first half of the period laid down by the applicable law.

2. (a) the general legal and economic management of the editorial and entertainment activities, as well as the inspection and classification of the same and the registration in Registers of national scope in terms of music, theatre, cinematography and editions.

(b) The management of the Cinematography Protection Fund, except for the possible conventions to be established for the declaration of special and special minor films.

(c) Competence in the field of cultural foundations and associations at national level, or whose basic and principal activities are beyond the scope of the Autonomous Community.

Generic:

In all matters covered by this Agreement:

a) The realization of campaigns at national level.

b) International relations.

c) The call for national awards and the award of the Medals of Fine Arts.

d) The holding of competitions for prizes, scholarships and national aids.

e) Support for entities at national level.

f) The creation and maintenance of cultural infrastructure.

g) The management of the Autonomous Bodies under the Ministry of Culture, in the matters covered by this Agreement.

h) To exercise in general the powers granted to the State by Article 149, 2, of the Constitution.

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

They will be developed in coordination between the Ministry of Culture and the Autonomous Community of Aragon, in accordance with the mechanisms that are indicated in each case, the following functions and competencies:

(a) The inter-living transmission for consideration of objects of art and pieces of documentary and bibliographic treasure, to be carried out in the territory of Aragon, shall be communicated to the competent bodies of the Autonomous Community, in the legal deadlines, which, within eight days, will bring it to the attention of the State Administration.

b) The reciprocal and permanent communication of all its administrative actions, in terms of protection and defense of the historical-artistic heritage and the documentary and bibliographic treasure.

c) As for the Institute of Conservation and Restoration of Works of Art and the National Center for Documentary and Bibliographic Conservation and Microfilming, a Board of Directors formed by three representatives of the State administration and a representative for each Autonomous Community that will be responsible for the annual planning of its activities; within it will be an Executive Committee for the monitoring and management of approved plans.

d) In the function of cataloging and inventory of the goods that are part of the historical-artistic heritage, and the preparation of the Register, Inventory and General Catalogue of the Documentary and Bibliographic Treasury, it will be up to the State administration coordination and intercommunication with the Autonomous Communities, and to these the implementation in its territorial scope and the permanent information to the State Administration.

e) The exchange of information in all activities covered by this Agreement, as well as advice, cooperation, technical assistance, statistics and computer science, on a permanent basis.

f) Cultural communication, as provided for in Article 149, 2 of the Constitution, by means of agreements between the Autonomous Community and the Ministry of Culture.

g) The Administration of the State and the Autonomous Community of Aragon may establish collaboration agreements in those concurrent activities that they consider necessary for the promotion of culture and fine arts, in the field (a) the territory of the Autonomous Community, while leaving the powers of the State to the exception.

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

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

2. Within one month of the approval of this Agreement by the Government, the corresponding minutes of delivery and receipt of furniture, equipment and inventoried material shall be signed.

F) Staff attached to the services and institutions that are transferred

1. The staff assigned to the services and institutions transferred and referred to nominally in the attached relationship number 2 * will become dependent on the Autonomous Community of Aragon in the terms legally provided for by the 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 Culture will notify interested parties of the transfer and its new administrative situation, as soon as the Government approves this Agreement by Royal Decree. A certified copy of all the files of this staff, as well as of the certificates of haberes, shall also be sent to the competent bodies of the Autonomous Community of Aragon in respect of the amounts due during 1983, 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 relationships number 2 *, 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 burdens of the services transferred.

The definitive assessment of the financial burdens of the services transferred will be included in the Royal Decree, which takes overall the effective cost of all the services transferred to the Autonomous Community in the field of culture. reason for not accompanying the ratio number 3 in this Royal Decree.

I) Documentation and records of the services being transferred.

The delivery of the documentation and files of the transferred services will be carried out within one month of the approval of this agreement by the Council of Ministers and the resolution of those who are in the process carry out in accordance with the provisions of the transitional provision sixth of the Statute of Autonomy of Aragon and Royal Decree 3991/1982.

J) Date of effectiveness of transfers.

The transfers of functions and the transfer of resources covered by this agreement will be effective from 1 July 1983.

And for the record, we issued this certification in Madrid on June 27, 1983.-The Secretaries of the Joint Commission, J. A. T. S. and M. A. G. G.

* The inclusion of this relationship is omitted.