The Royal Decree-Law 20/1978 of 17 March, for which the Preautonomic Regime for Castilla y León was established, provides for transfers of functions and services from the State Administration to its governing body.

Royal Decree 2970/1980, of 12 December, regulated the transfer of the Services of the State Administration to the Preautonomic Entes and the Royal Decrees 2968/1980, of 12 December and 2315/1981, of 18 September, modified the functioning and composition of the Joint Committees of Transfers to the Preautonomic Entes.

In accordance with the provisions of Royal Decree 2968/1980 of 12 December 1980, the Joint Committee on the Transfers of Economy and Trade, set up by the Ministerial Order of the Presidency of the Government of 25 March 1981, consider the desirability of homogenising the processes of transfers to the Preautonomic Entes in matters of reform of trade structures and internal trade, as well as the need to complete the transfers so far, adopted, at its meeting on 17 December 1982, the appropriate agreement which the Government approves in virtue of this Royal Decree.

In its virtue, making use of the authorizations contained in article 6., c), and in the final disposition of the Royal Decree-Law 20 /1978, of March 17, after acceptance of the General Council of Castilla y León, on a proposal of the Ministers for Economic and Financial Affairs and the Territorial Administration, and after deliberation by the Council of Ministers at its meeting on 29 December 1982, I have:

Art. 1. The proposal for the transfer of powers, functions and services of the State Administration to the General Council of Castilla y León in matters of reform of trade structures and internal trade, elaborated by the corresponding Joint Committee on Transfers, as well as the transfer of the precise budgetary resources for the exercise of those funds.

Art. 2. Consequently, the General Council of Castilla y León shall be transferred to the powers referred to in the Agreement, which is included as Annex I to this Royal Decree and transferred to the Preautonomic Ente, the Services and the budgetary appropriations. which appear in relations attached to the Agreement of the Joint Committee indicated in the terms and conditions specified therein. The legal provisions concerned are listed in Annex II.

Art. 3. These transfers will be effective from the date indicated in the Agreement of the Mixed Commission of Transfers.

FINAL PROVISIONS

First.-1. When the exercise of any of the powers transferred to the General Council of Castilla y León by the present Royal Decree is mandatory is the opinion of the State Council, the request of the Council of State shall be agreed by the General Council of Castilla y León, requesting it through the Ministry specifically competent in the matter in question, who will require the State Council for its issuance.

The same procedure will be followed when the General Council of Castilla and Leon agrees to voluntarily hear the Council of State in any case.

2. Except in the cases provided for in this Royal Decree, the other reports required by other bodies, other than the Council of State, which are required by the law in force, shall be maintained with the same character as they have established, but their issuance shall be the equivalent bodies that exist or are created within the General Council of Castilla y León.

Second.-1. Without prejudice to the application of the legislation governing the subject matter of transfer by this Royal Decree, the legal regime of the acts of the General Council of Castilla y León shall be accommodated in accordance with Law 32/1981 of 10 July, which determined the budgetary and patrimonial regime of the Preautonomic Entes; in the Law of Legal Regime of the State Administration and in the Law of Administrative Procedure.

2. Against the decisions and acts of the General Council of Castile and Leon, the application for the replacement of the administrative-administrative dispute shall be the case, unless otherwise provided for in the case of the appeal, which shall be brought before the Court of Justice. Council. The legal status of these resources shall be that laid down in the Laws of Administrative Procedure and the Legal-Administrative Jurisdiction.

Third.-The delivery of the documentation and files in the processing of the Services transferred, as well as the resolution of these and the processing and resolution of the administrative resources against acts of the Administration of the State, shall be carried out in accordance with the provisions of the second article of Royal Decree 2970/1980 of 12 December.

Fourth-The General Council of Castilla y León will organize the precise services and distribute among the corresponding organs the competences that are transferred to it by the present Royal Decree publishing the corresponding ones agreements in the "Official State Gazette" and in the General Council of Castilla y León.

Fifth.-By Order of the Presidency of the Government, at the proposal of the Ministry of Economy and Finance and of the Territorial Administration, in any case, the precise provisions for the development and implementation of the present Royal Decree.

Sixth.-The budgetary appropriations detailed in the ratio 3.2 as affective casualties will be discharged from the concepts of origin of the budget carried over and transferred by the Ministry of Economy and Finance to the concepts set out in Chapters IV and VII of Section 32, intended to finance the Services undertaken by the Preautonomic Enttes and Autonomous Communities, once they are referred to the Department by the Budget Office of the Ministry of Economic Affairs and Finance, credit retention certificates accompanied by a succinct report of the Office to comply with the provisions of point 2 of Annex I (a) of the State Budget Law for 1982.

Seventh.-This Royal Decree will enter into force on the same day as its publication in the Official Journal of the State.

Given in Madrid to 29 December 1982.-JUAN CARLOS R.-The Minister of the Presidency, Javier Moscoso del Prado and Muñoz.

ANNEX I

Don J. E. D. G., Secretary of the Joint Committee on Economic and Trade Transfers, certifies:

At the plenary session of the Commission held on 17 December 1982, agreement was adopted on the transfer to the Ente Preautonomic General Council of Castilla y León of the powers, functions and services of the Trade structures and internal trade in the following terms are expressed:

A) Legal provisions for reference.

The Constitution, in Article 149.1, reserves the State exclusive competence on customs and tariff arrangements, foreign trade and bases and coordination of the general planning of economic activity, as well as the mercantile legislation. Article 149.3 states that the Autonomous Communities may be the subject of matters not expressly attributed to the State by the Autonomous Communities.

Consequently, it seems necessary, and it is strictly legal, to reach an agreement on the transfer of competences, functions and services, in the areas indicated, to the General Council of Castilla and Leon for thus comply with the collectives of its creation and to enable the territorial organization of the State designed in the Constitution.

B) Competences and functions assumed by the Preautonomic Ente and identification of the services that are transferred.

The following competencies are transferred to the General Council of Castilla y León:

1. With regard to the reform of the commercial structures and under Article 149.3 of the Constitution: the exercise of the functions that the current legislation, and especially Decree-Law 13/1973, of November 30; Decree 3067/1973, of 7 of December; the Royal Decrees 1887/1978 of 26 July; 418/1979 of 20 February, and the Order of the Ministry of Commerce of 5 December 1978, attribute to the State Administration on the reform of the commercial structures.

2. In matters of internal trade and under Article 149.3 of the Constitution: The powers of the State Administration, as attributed by the Law of 24 June 1941, Decree 3066/1973 of 7 December: Decree 446/1976 of 5 March; Royal Decree 300/1978 of 2 March 1978 and Articles 6. 1. Final indent; 8., 1, and 15. 2, of Royal Decree 2924/1981, of 4 December.

To propose to the State Administration the allocation to the Preautonomic Ente de Castilla y León of the intervention or controlled distribution products that it needs, based on the needs identified in its territorial scope. The Preautonomic Authority shall also coordinate the exercise of the powers conferred on the Local Corporations of its territory in the field of supplies.

The powers of the extinct General Directorate of Food Trade-today entrusted to the Directorate General of Internal Trade of the Ministry of Economy and Finance-referred to in points 6. and 9. (the latter is currently suspended by a Resolution of the Directorate-General for Competition and Consumer Affairs of 30 June 1981). of the Resolution of the Management Centre of 7 July 1975 on the maximum commercial margins to be applied by the Butcher lists in the sale to the public of the different kinds of meats.

The powers conferred on the various organs of the State Administration in Decree 3 /1976, of 9 January, on the regulation of trade hours, within the scope.

C) Competences Services and functions reserved by the State Administration.

As a result of the relationship of past competences, they will remain in the Ministry of Economy and Finance and will continue to be of their competence to be exercised by the same, the following functions and activities legally attributed and perform the services cited:

(a) The bases, coordination and management of the general economic activity and the monetary policy of the State.

b) Those developed by IRESCO at national level, for technical assistance as well as for studies, support and dissemination of general sectorial and international character, coordination, centralization and supply data.

(c) General pricing policy as well as the powers that in the field of price information correspond to the State Administration for its own purposes and for the production of its statistics.

d) Any other that corresponds to it under some rule and has not been subject to transfer.

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

They will be developed in coordination between the Ministry of Economy and Finance and the Preautonomic Ente de Castilla y León, in accordance with the mechanisms that in each case point out, the following functions and competencies:

(a) Those contained in the Ministerial Order of Economy and Trade of 18 March 1981, in order to accommodate them to the general economic policy of the State.

(b) The general programming of the State in relation to the reform of the commercial structures in terms of the Preautonomic Ente, whose implementation will be implemented by the State in its territory.

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

The goods, rights and obligations of the State that are collected in the detailed inventory of the attached relationship number 1 *, where the buildings are identified, are considered to be transferred to the Preautonomic Ente de Castilla y León. furniture and concessions and contracts affected by the transfer. These transfers shall be formalised in accordance with the provisions laid down in each applicable case.

F) Staff assigned to the Services and Institutions that are transferred.

1. The staff assigned to the services and institutions transferred and which are nominally referred to in the attached relationship number 2 * will continue with this membership, going on to depend on the Preautonomic Ente de Castilla y León, in the legal terms provided by the rules in each applicable case and in the same circumstances as specified in the attached relationship and with their Personnel Registration number.

2. The transfer shall be notified to the persons concerned by the Secretariat of the Ministry of Economic Affairs and Finance and other competent bodies. A copy of all the files of this staff will be sent to the competent bodies of the Preautonomic Ente de Castilla y León, preceded by the State Administration to modify the organic and budget based on the operated transfers.

G) Job vacancies that are moved.

There are no vacancies.

H) Provisional valuation of the financial charges for the Services transferred.

H. 1. The final calculation of the effective cost of the services to be carried out, which must be approved by the Council of Ministers, is pending on a proposal from the relevant Joint Committee.

The provisional cash cost is collected in the ratio 3.1 *.

H. 2. The financial resources to be paid to cover the costs incurred by the Service which are transferred during the financial year 1983 are set out in the ratio 3.2 *.

The amount of these resources has been set with data from the General Budget of the State for 1982. These amounts must be updated once the budgets are known for 1983 and the final assessment referred to in the previous paragraph.

I) Documentation and records of the Services being transferred.

The delivery of the documentation and files of the Transroasted Services and the resolution of those who are in the process will be carried out in accordance with the provisions of the legislation in force.

J) Date of effectiveness of transfers.

The transfer of powers and the transfer of resources covered by this agreement will be effective from 1 January 1983.

And for the record, I request this certification in Madrid at December 17, 1982.-The Secretary of the Joint Commission, J. E. D. G.

* The inclusion of this relationship is omitted.

ANNEX II

Paragraph of the Annex to the Decree * Reform of trade structures: Legal precepts affected *

B) 1 * Article 7. of Decree-Law 13/1973 of 30 November. *

* Article 1. of Royal Decree 1887/1978 of 2 July 1978. *

* Royal Decree 418/1979 of 20 February, and Order of the Ministry of Commerce and Tourism of 5 December 1978. *

B) 2 * Article 2. of Decree 3067/1973 of 7 December 1973. *

(d) a) * Order of the Ministry of Economic Affairs and Trade of 18 March 1981. *