The Statute of Autonomy of the Community of Madrid, approved by Law No 3/1983 of 25 February, in Article 26 (3), provides for the completeness of the legislative function of the Autonomous Community of Madrid in the field of (a) regional planning and urban planning, and Articles 27.10 and 28.1 of the Staff Regulations determine the powers of the Community in the field of the environment.

On the other hand, the Royal Decree 1959/1983, of June 29, determines the rules and the procedure to which the transfers of functions and services of the State to the Autonomous Community of Madrid have to be adjusted.

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 second transitional provision of the Staff Regulations, this Commission, after considering its On 28 June 1983 it adopted the appropriate agreement, the practical virtue of which requires its approval by the Government by means of a Royal Decree, an immediate objective of the present.

In its virtue, on the proposal of the Ministers of Public Works and Urbanism and of Territorial Administration, and after deliberation of the Council of Ministers at its meeting of July 20, 1983, I have:

Article 1. The agreement of the Joint Committee on Transfers provided for in the second transitional provision of the Statute of Autonomy of the Community of Madrid, dated 28 June 1983, for the transfer of functions of the State in the field of Planning for urban and urban development in the Autonomous Community of Madrid, and transfer the services and institutions and personal, material and budgetary resources necessary for the exercise of those services.

Art. 2. 1. Consequently, the functions referred to in the agreement included as Annex I to this Royal Decree and transferred to the Autonomous Community of Madrid, in order for the exercise of their powers, are transferred to the Autonomous Community of Madrid. property, rights and obligations, as well as staff, budget appropriations and documentation and files listed in the relations numbers 1., 2. and 3., attached to the agreement of the Joint Committee indicated, 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 Decision 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, would have been issued by the Ministry of Public Works and Urbanism up to the date of publication of this Royal Decree.

Art. 4. The budgetary appropriations set out in detail in relation 3. 2 as in the General Budget of the State will be discharged in the concepts of origin of the current budget and transferred by the Ministry of Economy and Finance to the concepts set out in Chapters IV and VII of the Section 32 for the financing of the services provided by the Autonomous Communities, once the Department of Public Works and Urbanism has referred to the Department of Public Works and Urban Planning the credit accompanied by a succinct report of that Office to comply with the provisions of the Law of General Budget of the State in force.

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 on July 20, 1983.-JUAN CARLOS R.-The Minister of the Presidency, Javier Moscoso del Prado and Muñoz.

ANNEX I

Don J. A. E. V. and Doña M. A. G. F., Secretaries of the Joint Commission of Administrative Transfers of the Autonomous Community of Madrid, provided for in the second transitional provision of its Statute of Autonomy, certify:

At the plenary session of the Commission held on 28 June 1983, agreement was reached on the transfer to the Autonomous Community of Madrid, in order to exercise its powers, of the functions and services of the State in question. Land planning, town planning and the environment, in the following terms:

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

The Constitution, in Article 148.1, provides that the Autonomous Communities may assume jurisdiction in matters of land management and urban planning (paragraph 3.) and management in matters of environmental protection (paragraph 9.), subject to the provisions of Article 149 of that constitutional text. For its part, the Statute of Autonomy, approved by Organic Law 3/1983, of 25 February, develops the constitutional provisions cited in its articles 26.3, 27.10 and 28.1.

In the area of land planning, urban planning and the environment, Law 121/1963 of 2 December, on the metropolitan area of Madrid; the regulation dictated for its development, approved by Decree 3088/1964, of 28 of September, and the Royal Decree-Law 11/1980, of 26 September, in relation to the Law on Land Regime and Urban Planning, recast text approved by Royal Decree 1346/1976 of 9 April, and other supplementary provisions, attribute to the Commission for Planning and Coordination of the Metropolitan Area of Madrid, Autonomous Agency of urban character attached to the Ministry of Public Works and Urbanism, competences related to urban activity in the territorial area of the province of Madrid.

On the other hand, the functions relating to environmental protection, at the state level, have been fundamentally resident in the Ministry of Public Works and Urbanism, on which they depend, in accordance with the provisions of the Royal Decree 2093/1979 of 3 August, the Directorate-General for the Environment and the Centre for Spatial Planning and Environment Studies.

On the basis of the constitutional and statutory provisions relied on and on the basis of the above, it is appropriate to make the transfers of necessary functions and services to the Community of Madrid effective for the exercise of its powers. powers, in order to achieve the objectives of its creation and to enable the constitutional requirement of the territorial organization of the designed State.

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

1. In accordance with Article 26.3 of the Staff Regulations, which provides for the provision laid down in Article 148.1.3 of the Constitution, the Community of Madrid is responsible for the completeness of the legislative function in the field of territory and town planning, as well as the exercise of regulatory authority and executive function in such matters. The Community of Madrid therefore takes over all the powers in a normative, resolutive, managerial, advisory, supervisory and audit order, except those reserved for the State in paragraph C) of this agreement.

2. In accordance with Article 27.10 of the Statute of the Community of Madrid, in conjunction with Article 149.1.23 of the Constitution, it is for the Community of Madrid to lay down additional rules for the protection of the environment, which it entails, one side, competition for legislative development and, on the other hand, regulatory powers. Similarly, Article 28.1 of the Statute. in conjunction with Article 148.1.9 of the Constitution, gives the Community of Madrid the executive function on the protection of the environment.

The Community will deal with and resolve the grant and benefit cases provided for in this area in the legislation in force. As regards the granting of the benefits of a fiscal nature, the Autonomous Community shall include as a final decision the one communicated to it by the Ministry of Economy and Finance.

3. For the effectiveness of the powers and functions in matters of spatial planning, urban planning and the environment, only the Community of Madrid, within its territorial scope and in the terms of this agreement, are transferred to the Community: Services of the Planning and Coordination Commission of the Metropolitan Area of Madrid, as soon as this Agency, under the Ministry of Public Works and Urbanism, exercises in the province of Madrid the faculties that, in the urban planning, correspond to the Central and Provincial Commissions of Urbanism.

C) Competences, functions and services that the State reserves.

1. In the area of land management and urban planning, the powers referred to in Articles 131, 138 and 149 of the Constitution shall remain in the State, as shall the provisions laid down in their development.

2. In the field of environment, they will remain in the Ministry of Public Works and Urbanism, and will continue to be of their competence to be executed by the same, the following functions and activities:

a) Elaboration of draft basic legislation.

b) Coordination and monitoring of the environmental policy activities of the Ministry of Public Works and Urbanism and the different actions of the other ministerial departments with environmental impact as their own function of the Secretariat of the Interministerial Committee on the Environment.

c) Coordination of international environmental actions.

(d) Any other that corresponds to it under the current rules and which is not inherent in the competences assumed by the Autonomous Community or which, if so, has not given rise to the corresponding transfer, if any.

D) Functions in which the State Administration and the Autonomous Community and the form of cooperation are to be present.

The following functions and competencies will be developed in coordination between the Ministry of Public Works and Urbanism and the Autonomous Community of Madrid:

(a) Research and study in the field of spatial planning, urban planning and the environment.

b) Aid and economic, technical and personnel cooperation with the Autonomous and Local Administrations in the same subjects.

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

1. The goods, rights and obligations of the Commission of Planning and Coordination of the Metropolitan Area of Madrid are transferred to the Autonomous Community of Madrid, which are collected in the detailed inventory of the attached relation number 1. *, where the buildings, concessions and contracts affected by the transfer are identified. These transfers shall be formalised in accordance with the provisions of the second transitional provision of the Autonomy Statute and other provisions in each applicable case.

For the purpose of managing, during the present year, the actions relating to the Directorates-General of the CEOTMA and the Environment affected by the transfer process to the Community of Madrid, as well as for the the monitoring and coordination of programmes and projects whose implementation is planned for the exercise of the exercise will be set up by a Joint Coordination Commission between the State and the Autonomic Administrations.

2. For the purposes of carrying out the tasks and location of the services to be transferred, the State Administration shall provide the means necessary for the new location of the transferred services, under conditions similar to those currently applicable. Installations of the Planning and Coordination Commission of the Metropolitan Area of Madrid. As long as the State Administration does not provide the location and location of the services transferred from that Commission, the Community of Madrid will occupy the current facilities of COPLACO, located at 6. and 8. plants of the Ministry of Transport, Tourism and Communications, in the square of San Juan de la Cruz, without number, in Madrid, which includes a surface of 7,626 square meters.

F) Staff assigned to the services and institutions that are transferred,

1. The officials and other staff assigned to the Commission for Planning and Coordination of the Metropolitan Area of Madrid have been transferred and who are nominally distinguished in the attached relation number 2. ** will become dependent on the Autonomous Community of Madrid, in the terms provided for in 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 number of Personnel Registration.

2. The Secretariat of the Ministry of Public Works and Urbanism and other competent personnel will notify those interested in the transfer and their new administrative situation, as soon as the Government of the nation approves the present agreement by Royal Decree. It shall also transmit to the competent authorities of the Autonomous Community of Madrid a certified copy of all the files of this staff, as well as the certificates of haberes, relating to the amounts due in 1982, by the State Administration to modify, where appropriate, the organic and budgetary templates in the light of the transfers operated.

G) Job vacancies that are moved.

The vacant job positions that are budgeted for are those detailed in the attached ratio number 2. ** with indication of the Body or Scale to which they are attached or assimilated, organic level and corresponding budgetary allocation.

H) Final assessment of the financial burdens of the services transferred.

H. 1 The effective cost, which, according to the liquidation of the expenditure budget for 1981, corresponds to the services which are transferred to the Community, is definitively raised to pesetas 1,118,089,000, according to detail in the relationship 3., 1 **.

H. 2 The financial resources that are intended to cover the costs incurred in the performance of the services that are transferred during the financial year 1983 are included in the 3., 2 **.

The amount of these resources has been set in data from the budget carried over from 1982. These amounts must be updated once the General State Budget Law for 1983 has been enacted.

I) Documentation, files and movable property that are transferred.

The delivery of the documentation and files of the transferred services, as well as of the movable property, will be carried out within one month from the approval of this agreement by the Council of Ministers and will be the object of the timely the delivery and reception minutes authorised by the competent authorities in each case. The dossiers for the services transferred shall also be delivered in respect of the services in which the final decision has not been taken before the date set out in the agreement of the Joint Committee on Transfers. However, administrative appeals against decisions of the State Administration shall be dealt with and resolved by the organs of the State Administration.

Within one month of the approval of this agreement by the Government of the nation, the corresponding minutes of delivery and reception of furniture, equipment and inventoried material will be signed.

J) Date of Effectiveness of Transfers.

The transfers of functions and services and the transfer of resources, which are the subject of this agreement, will be effective from 1 July 1983.

And for the record, we issued this certification in Madrid at June 28, 1983.-The Secretaries of the Joint Commission, J. A. E. V. and M. A. G. F.

* The inclusion of this relationship that has been the object of error correction published in the "Official State Gazette" number 185, on August 4, is omitted.

** The inclusion of this relationship is omitted.

ANNEX II

Paragraph of Decree: B). Legal provisions affected:

-Law 121/1963, of December 2, on the Metropolitan Area of Madrid.

-Regulation of the Metropolitan Area of Madrid, approved by Decree 3088/1964 of 28 September, amended by Decree 3618/1874 of 28 November and Royal Decree 1476/1979 of 1 June.

-Recast text of the Law on Soil Regime and Urban Planning, approved by Royal Decree 1346/1976 of 9 April.

-Regulation of Forcible Building, approved by Decree 635/1964 of 5 March.

-Decree 1744/1966 of June 30 on the benefits of the Urban Contribution.

-Royal Decree 1374/1977, of June 2, on equalization in the formation of the Planning Plans.

-Law 197/1963, of December 28, on Centers and Zones of National Tourist Interest.

-Royal Decree 2159/1978 of 23 June, approving the Planning Regulation.

-Royal Decree 2187/1978, of June 23, for which the Regulations of Urban Discipline are adopted.

-Royal Decree 3288/1978, of 23 June, for which the Regulations of Urban Management are adopted.

-Royal Decree-Law 11/1980, of 26 September, on the Review of the General Plan of Urban Planning of the Metropolitan Area of Madrid.

-Royal Decree-Law 16/1981 of 16 October on the adaptation of the General Plans for Urban Planning.

-Law 38/1972 of 22 December on the protection of the atmospheric environment.

-Decree 833/1975 of 6 February on rules for the development of Law 38/1972 of 22 December.

-Law 15/1975, of May 2, on Protected Natural Spaces.

-Royal Decree 2676/1977, of 4 March, for the application of Law 15/1975, of May 2.

-Law 42/1975 of 19 November on the collection and treatment of municipal solid waste and waste.

-Royal Dactos 1512/1978, of 14 October, and 2826/1979 of 17 December, which develop Law 38/1972 of 22 December, and the final provision of Law 42/1975, of 19 November 1975.