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Royal Decree 3318/1982, Of 24 July, On Transfer Of Functions And Services Of The Administration Of The State To The Autonomous Community Of Galicia In The Field Of Agriculture And Fisheries.

Original Language Title: Real Decreto 3318/1982, de 24 de julio, sobre traspaso de funciones y servicios de la Administración del Estado a la Comunidad Autónoma de Galicia en materia de agricultura y pesca.

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TEXT

The Royal Decree five hundred and eighty-one-thousand nine hundred and eighty-two, of twenty-eight February, determines the rules and the procedure to which the transfers of functions and services of the State to the Community have to be adjusted Autonomous region of Galicia.

In accordance with the provisions of the aforementioned Decree, which also regulates the operation of the Joint Transfer Commission provided for in the transitional provision of the Statute for the Autonomous Region of Galicia, this Commission after To consider their appropriateness and legality, as well as the need to complete the transfers so far made, adopted at its meeting of the 19th of July of a thousand nine hundred and eighty-two the appropriate agreement whose practical virtuality requires the approval by the Government through Royal Decree, an immediate objective of the present.

In his and his virtue on the proposal of the Ministers of Agriculture Fisheries and Food and of Territorial Administration and after deliberation of the Council of Ministers at their meeting of the twenty-third day of July of a thousand nine hundred and eighty two Available:

Article 1.-The Agreement of the Mixed Commission of Transfers of Galicia dated 19 July of a thousand nine hundred and eighty-two, which transfer powers and functions of the State in the field of Agriculture and Fisheries to the Board of Galicia and they are transferred the corresponding Services and Institutions and personal means, materials and budget precise for the exercise of those.

Article 2.-One. Consequently, the powers referred to in the Agreement, which is included as an Annex to this Royal Decree and which have been transferred to it by the Services and Institutions and the goods and obligations, are transferred to the Board of Galicia. as the staff budget appropriations and documentation and files listed in the relations numbers one to four attached to the own Agreement of the Joint Commission indicated, in the terms and conditions specified therein

Two. Annex II to this Royal Decree sets out the legal provisions affected by this transfer.

Article 3.-The transfers to which this Royal Decree refers will have effectiveness from the day one of July of one thousand nine hundred and eighty two. referred to in the Joint Committee Agreement.

Article 4.-The budget appropriations that are detailed in the ratio three point two as in the General Budget of the State for the financial year of one thousand nine hundred and eighty-two will be discharged in the concepts of origin and transferred by the Ministry of Finance to the concepts set out in the fourth and seventh chapters of Section 30 and two intended to finance the services assumed by the Preautonomic Entes and Communities Autonomous once they are referred to the Department cited by the Budget Office of the Ministry of Agriculture Fisheries and Food the credit retention certificates accompanied by succinct report of the Office to comply with the provisions of the Annex one first paragraph.

a) point two of the State Budget Law for a thousand nine hundred and eighty-two.

Article 5.-This Royal Decree shall enter into force on the day of its publication in the Official Journal of the State.

Given in Madrid to twenty-four of July of a thousand nine hundred and eighty-two. -JUAN CARLOS R.-The Minister of the Presidency, Matias Rodríguez Inciarte.

A N E X O

Don J. E. D. G. and Don J. P. R., Secretaries of the Joint Commission provided for in the transitional provision fourth of the Statute of Autonomy of Galicia certify:

At the plenary session of the Commission held on 19 July 1982, agreement was adopted ratifying the proposal on transfers to the Autonomous Community of Galicia of the powers, functions and services of the extension and agricultural training approved by the plenary session of the Joint Committee on the Transfer of Agriculture and Fisheries at its meeting on 16 July 1982 in the following terms.

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

The Constitution in Article 148 states that the Autonomous Communities may assume responsibility for agriculture and livestock in accordance with the general management of the economy and Article 149 reserves the exclusive competence on bases and coordination of the general planning of economic activity; the regulation of conditions for obtaining the issue and approval of academic and professional titles and basic standards for the development of Article 27 of the Constitution in order to ensure compliance with the obligations of the For its part, the Statute of Autonomy for Galicia establishes in its Article 30 that it corresponds to the Autonomous Community according to the bases and the ordination of the general economic performance and the monetary policy of the State in the terms of Articles 38, 131 and 149, 1, 11 and 13 of the Constitution the exclusive competence in agriculture and animal husbandry and in Article 31, which is of the full competence of the Autonomous Community of Galicia administration of teaching in all its extension levels and degrees modalities and specialties in the the scope of its powers, without prejudice to the provisions of Article 27 of the Constitution and the Organic Laws which, pursuant to the first paragraph of Article 81 thereof, develop it of the powers conferred on the State by the Article 149 (1) of the Constitution and the high inspection necessary for its compliance and guarantee.

On the basis of these constitutional and statutory provisions it is legally possible for the Autonomous Community of Galicia to have competence in agricultural extension and training materials, so it is necessary to operate in this area. (a) transfer of powers of such a kind to the same.

Decree 837/1972 of 23 March and supplementary provisions attribute to the Agricultural Extension Service the task of promoting and guiding the action of farmers and their families to use their resources of the best possible way to act permanently within rural communities to develop in them favourable changes of attitude to improve their social environment and to disseminate knowledge and techniques that can contribute to the best performance of this mission.

Also Decree 2684/1971, of November, attributes to the Subdirectorate General of Agricultural Training functions in the field of vocational education and training of farmers through the collection of data and material with In the case of education, the preparation and implementation of training plans and programmes as well as the preparation of proposals for the transformation and abolition of the Agricultural Vocational Training Centres in accordance with the the powers conferred on it by the Ministry of Agriculture and Fisheries; Power.

Consequently with the above it seems necessary and it is strictly legal to reach an agreement on transfer of competences in the subjects indicated to the Board of Galicia in order to fulfill the objectives of its creation and for enable the constitutional requirement of the territorial organisation of the designed State.

B) Competences and functions assumed by the Autonomous Community and identification of the services that are transferred.

1 Transfer to the Autonomous Community of Galicia within its territorial scope under the terms of this Agreement and the Decrees and other rules that make it effective and published in the Official State Gazette. following competencies:

1. In matters of agricultural extension and under Article 30, 1, 3, of the Statute and 149, 1, 13, of the Constitution.

a) The direction and management of the peripheral units that are transferred.

b) The approval and direction of regional work programmes to guide the work of the Regional Agencies aimed at training farmers, promoting and guiding their actions to improve farms agriculture and the family and community environment.

(c) The implementation and monitoring of the development and monitoring of the territory of the currently established general interest extension programmes and those to be established in the future in accordance with point C (e). Management within the territorial scope of the Autonomous Community of economic aid which may be assigned to them within the framework of the general management of the economy and in accordance with the general rules of the State Administration (a) to provide for each type of aid to be required in each case by the State Administration for the purposes of controlling the use of the aid.

d) The implementation of the agricultural outreach activities that they consider necessary for the technological improvement of agriculture in its territorial scope and in any case the dissemination of information to the farmers of those measures arising from the management and regulation of national agricultural production.

e) The preparation and editing of publications and audiovisual media of agricultural dissemination of interest to its territory.

f) The coordination of vocational training and relations with research units.

(g) the development of further training courses for staff assigned to the Autonomous Community without prejudice to any cooperation which may be established in accordance with paragraph (D) (c). of this Agreement.

2. In the field of vocational education and training of farmers and under Articles 31 of the Statute and 149 1 30 of the Constitution:

(a) The management and management of the Agricultural Training and Training Centres that are transferred.

(b) The preparation and implementation of training plans and programmes in respect of both the general management of the education system and the minimum lessons to be set for the purpose of fulfilling the conditions of Obtaining and approval of academic and professional qualifications correspond to the State.

c) The Autonomous Community will be able to develop the training courses for farmers of specific character as well as those of improvement that it deems appropriate for the best development of its programs.

d) The transformation and suppression of Farmer Training Centers.

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

Consequently, with the relationship of past competences, they will remain in the Ministry of Agriculture and Food, and will continue to be of their competence to be exercised by the same the following functions and activities that has legally attributed and performs the services cited:

(a) The general planning and planning of the training of agricultural training through the establishment of the basic norms on these subjects.

(b) The establishment of the conditions for the issue and approval of professional titles of an agricultural nature.

c) The exercise of the high inspection in terms that are legally determined.

d) The management and management of the Centers for Vocational Training and Agrarian Training which, by their specialty or nature, have a national scope.

e) The coordination and evaluation of the extension programmes of general interest to be established with the participation of the Autonomous Community. the budgetary management of the grant the control of their employment as well as the approval of the aid referred to in point (D) (e) and of those linked to supervised loans to facilitate the incorporation and installation of young farmers.

(f) The dissemination of short-term measures arising from the general planning of agricultural activity, without prejudice to the development of the Autonomous Community.

g) International relations in the field of vocational training of agricultural extension. The Autonomous Community may attend and participate within the Spanish delegation in technical meetings of an international character where it is required to do so or to request their participation in matters affecting them. to your interests.

h) Formalization of concerts with public or private entities to teach agricultural training courses that involve grants for investments or operating expenses. The Autonomous Community of Galicia will inform the aforementioned concerts preceptively.

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

They will be developed in coordination between the Ministry of Agriculture Fisheries and Food and the Autonomous Community of Galicia in accordance with the mechanisms that in each case the following functions and competencies are indicated:

(a) For the evaluation by the Ministry of Agriculture Fisheries and Food of the extension programmes of general interest, the Autonomous Community shall provide the necessary information.

b) The coordination of the publication plans and dissemination material will be carried out through the Coordinating Board created by Royal Decree 1843/1980 of July 24. without prejudice to its implementation by the Autonomous Community or the Ministry of Agriculture Fisheries and Food.

(c) The coordination of training and further training of staff assigned to the tasks of extension and training shall be carried out through the body referred to in the preceding paragraph, without prejudice to the (a) to be carried out by the local authorities or the Ministry of Agriculture Fisheries and Food.

d) The territorial distribution and approval of the aid that may be applied to the experimental activities of dissemination derived from national plans to be developed in coordination by the State Administration and the Entes This will be done by the Ministry of Agriculture Fisheries and Food with the participation of the Autonomous Community.

(e) The distribution and territorial allocation of financial support to facilitate the access of farmers to vocational education and the establishment of the general criteria for calls shall be carried out by the Autonomous Communities and the Ministry of Agriculture Fisheries and Food.

(f) The regulation and implementation of supervised training and credit programmes to facilitate the access of young people to agricultural holdings governed by the Order of the Ministry of Finance of 13 July 1968 and the Royal Decrees 1207/1977 of 2 June. and 3074/1975 of 1 December shall be made by agreement between the Ministry of Agriculture Fisheries and Food and the Autonomous Community no later than three months after the entry into force of this Agreement and in which the the obligations under this Agreement for each party to be involved in the promotion of the implementation and monitoring of programmes.

g) The Ministry of Agriculture Fisheries and Food shall provide the Autonomous Community with the teaching guidance services of professional teaching and the use of the technical information available in the documentary fund (a) it shall provide the necessary support for the development of its activities in the areas transferred.

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

The property rights and obligations of the State that are collected in the detailed inventory of the attached relationship number 1 * where the movable buildings and the concessions and contracts are identified are transferred to the Board of Galicia. affected by the transfer. These transfers shall be formalised in accordance with the provisions of the fourth transitional provision of the Autonomy Statute and other provisions 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 referred to nominally in the attached relationship number 2 *, will continue with this membership, going on to depend on the Autonomous Community of Galicia, in the legal terms 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 number of Personnel Registry.

2 The transfer shall be notified to the persons concerned by the Secretariat of the Ministry of Agriculture Fisheries and Food and other competent bodies. A copy of all the files of this transferred staff will also be sent to the competent authorities of the Autonomous Community of Galicia, preceded by the State Administration to amend the organic and budgetary templates in function of the operated transfers.

G) Job vacancies that are moved

The job vacancies to be transferred are the ones detailed in the adjoins number 2.2 * with indication of the Body to which they are attached organic level and corresponding budget allocation

H) Valuation of the financial burdens of the services transferred.

The budgetary appropriations for the current financial year constituting the envelope for the services transferred are recorded in the ratio number 3 *.

The Joint Committee shall approve the assessment of the effective cost of the services and functions transferred, as well as any changes to be made to the budgets of the State or the Autonomous Bodies. corresponding. in accordance with the instructions given by the Ministry of Finance.

The Ministry of Finance will adopt the necessary measures for the effective transfer to the Autonomous Community of the allocations indicated in accordance with the provisions of the General Budget Law of the Budget Law. State generals and other complementary dispositions.

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.

J) The effectiveness of transfers.

The transfer of powers and the transfer of resources covered by this Agreement would be effective from 1 July 1982.

And for the record we issued this certification in Madrid to July 19, 1982. -Secretaries of the Joint Commission J. E. D. G. and J. P. R

* The inclusion of this relationship is omitted.

Certificate:

At the plenary session of the Commission held on 19 July 1982, agreement was adopted by ratifying the proposal on transfers to the Autonomous Community of Galicia in the field of functions and services in the field of Plant health approved by the plenary session of the Joint Committee on the Transfers of Agriculture Fisheries and Food at its meeting on 16 July 1982 in the following terms:

A) Reference to statutory and statutory constitutional rules for transfer.

The Constitution in Article 148 states that the Autonomous Communities may assume responsibility for agriculture and livestock in accordance with the general management of the economy and in health and hygiene, and in Article 149 Reserve to the State exclusive competence on the establishment of the bases and coordination of the general planning of the economic activity foreign trade external health bases and general coordination of the health legislation on products Pharmaceuticals and international relations.

For its part the Statute of Autonomy of Galicia establishes in its article 30.1.3 that it corresponds to the Autonomous Community of Galicia the exclusive competence in matters of agriculture and animal husbandry according to the bases and the management of the general economic performance and Article 33.1, which corresponds to the Autonomous Community of the legislative development and the implementation of the basic legislation of the State in the field of internal health.

On the basis of these constitutional and statuesque provisions it is legally possible for the Autonomous Community of Galicia to have powers in the field of plant health, so it is necessary to operate in this field. of such powers to the same.

Decree-Law No 17/1971 of 28 October 1971, Decree 2201/1972 of 21 July and supplementary provisions attribute to the Service of Defence against Pest and Phytosanitary Inspection the prevention and control of all agents Plant protection and plant health inspection and compliance with the laws and regulations on plant health and international conventions relating to plant health.

Consequently, it seems necessary and strictly legal to reach an agreement on transfers of competences in the subjects indicated to the Board of Galicia in order to fulfill the objectives of its creation and to enable the constitutional requirement of the territorial organization of the designed State.

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

1. It transfers to the Autonomous Community of Galicia within its territorial scope in the terms of this agreement and the Decrees and other rules that make it effective and publish in the " Official State Gazette the following competencies:

(a) The surveillance of fields and crops for the detection of agents harmful to plants and the delimitation of affected areas as well as the prevention and control of such agents.

b) Planning management and implementation of campaigns for plant protection not regulated by state-wide provisions.

(c) Organisation for the direction and implementation of the declared phytosanitary campaigns of State interest.

d) The exercise of the functions entrusted to the Notices of Notices.

(e) Recommend the means of combating harmful agents, including climate, in the light of their effectiveness and economy and encourage the pooling of farmers for the joint fight against them.

f) To monitor compliance with plant health requirements for plant production.

g) Adopt in the current general rules the mandatory phytosanitary measures for means of transport and premises related to plant products.

h) Adopt in the general regulations in force the necessary or mandatory limitations that affect the health of the plantations crops and uses including the production of seeds and plants of nursery.

i) To monitor compliance and to propose the rules according to the competent health authorities to safeguard the health of the people who have to manage plant protection products as well as that of food consumers natural or processed processed directly or from plants treated with plant protection products.

(j) Authorising or limiting the use of plant protection products in situations arising from the Ministerial Order of 9 December 1975; in order to prevent damage to wildlife and to propose the use in special circumstances and with due guarantees of plant protection products in cases other than those expressly listed in the Central Register of Plant Health Products and Material.

k) Exercise the functions of the Register of Producers and distributors of plant protection products.

I) Report to the State Administration on the usefulness of a plant protection product for the purposes of its registration, in relation to aspects of special incidence in Galicia also receiving information in the tests that I know (a) to carry out

2. For the effectiveness of the competences and related functions, the corresponding part of the Provincial Headquarters of the Service of Defense against Pest and Phytosanitary Inspection are transferred to the Board of Galicia receiving from them. the Provincial Directorates of the Ministry of Agriculture Fisheries and Food located in its territorial area.

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

Consequently, with the relationship of past competences, they will remain in the Ministry of Agriculture and Food and will remain of their competence to be exercised by the same the following functions and activities which is legally attributed to:

a) The establishment of the bases and general coordination of plant health.

(b) High inspection in the field of plant health in the form that it is regulated.

c) Declare the phytosanitary campaigns of State interest and their compulsory treatment, the execution of which will be carried out by the Autonomous Community and in its absence by the State Administration

(d) Establish phytosanitary quarantines within the national territory, delimiting the geographical locations or areas in which the Autonomous Community is applicable.

(e) Defend the national territory against the entry of exotic pests or diseases as well as to ensure that the importing countries are free of the plants and plant products under export. harmful.

f) Require or in their case to perform the appropriate disinfections or treatments for plants and plant products that are the subject of international exchange.

g) Practice plant health inspection at source ports and borders.

(h) Establish restrictions or prohibitions for the entry into national territory of plants or their products, including those processed which could introduce dangerous agents for agriculture.

i) Establish and monitor compliance with phytosanitary quarantine of import products.

(j) Approval approval for registration and control of plant protection products and material informing the Autonomous Community of any incidents occurring.

k) Establish precise rules to safeguard the health of persons who have to manage plant protection products as well as consumers of natural or processed foods treated directly or from plants treated with plant protection products in accordance with the competent health authorities.

l) Establish the statutory statutory provisions on plant health in relation to international conventions relating to plant health.

m) International relations in the field of plant health. The Autonomous Community may attend and participate in the Spanish delegation in such international technical meetings where it is required to do so or to ask the Government to participate in such meetings when it is concerned with which affect their interests.

n) Any other that corresponds to you under some rule and has not been transferred.

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

They will be developed in coordination between the Ministry of Agriculture Fisheries and Food and the Autonomous Community of Galicia through the collegiate body that is regulated by the Ministry and with Participation of all territorial entities the following functions and competences:

(a) Phytosanitary campaigns of State interest shall be declared by the State Administration and planned with the participation of the Autonomous Community if it is affected, establishing the allocation of budgetary resources. corresponding.

The campaigns mentioned above will be coordinated and evaluated by the Ministry of Agriculture Fisheries and Food receiving from the Autonomous Community the precise information for their evaluation.

(b) The Autonomous Community shall inform the State Administration of the location and intensity of the pests detected and the actions they undertake in the exercise of their powers in these areas. its territorial scope.

c) Where the intensity of a pest affects more than one territorial Ente or exceeds the scope of action of the Autonomous Community by an unforeseen or exceptional situation, the State Administration may act for its control by making use of the resources available to you.

d) The coordination of the actions set out in the previous paragraphs, as well as the establishment of precise methods, procedures and data to facilitate the mutual information necessary for the Administration of the State as for the Autonomous Community.

e) The Autonomous Community will participate in the adoption of decisions on national policy on plant protection.

(f) The Ministry of Agriculture Fisheries and Food shall, to the extent of its possibilities, provide technical and material support to the Autonomous Community for the development of its activities in the transferred areas.

g) The official declaration of the existence of a pest will be carried out by the Autonomous Community of Galicia within its territorial scope on its own initiative. prior to ratification by the State Administration or by decision of the State Administration.

In the first case the Autonomous Community of Galicia will put such a fact in the knowledge of the State Administration for its ratification by committing itself to start the collaboration with that in the studies and works prior to Such declaration within the time limit set by the Law of Administrative Procedure in the second Autonomous Community shall make the statement instated.

The ratification by the State Administration will represent the official declaration in its territorial scope and if it is deemed appropriate for the purposes of its validity throughout the national territory and its communication at international level published in the Official Journal of the State.

The official declaration of a pest free zone shall be in accordance with the above paragraphs.

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

The property rights and obligations of the State that are collected in e) detailed inventory of the attached relationship number 1 * where the movable buildings and the concessions and contracts are identified are transferred to the Board of Galicia affected by the transfer. These transfers shall be formalised in accordance with the provisions of the fourth transitional provision of the Statute of Autonomy and other provisions 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 who are nominally referred to in the attached relationship number 2 * will continue with this membership, going on to depend on the corresponding Autonomous Community in the legal terms. 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 number of Personnel Registry.

2. The transfer shall be notified to the persons concerned by the Subsecretariat of Agriculture and Nature Conservation of the Ministry of Agriculture Fisheries and Food and other competent bodies. A copy of all the files of this staff transferred, preceded by the State Administration, shall also be sent to the competent bodies of the Autonomous Community of Galicia to amend the organic and budgetary templates in function of the operated transfers.

G) Job vacancies that are moved.

The job vacancies that are transferred are those that are detailed in the combined relations number 2.2 with indication of the Body to which they are assigned organic level and corresponding budgetary allocation.

H) Valuation of the financial burdens of the services transferred.

The budgetary appropriations for the current financial year constituting the envelope for the services transferred are set out in the attached ratio number 3 *.

The Joint Committee shall approve the assessment of the effective cost of the services and functions transferred, as well as the modifications which, if necessary, are to be made in the State or the autonomous agencies ' budgets. corresponding to the instructions given by the Ministry of Finance for that purpose.

The Ministry of Finance will adopt the necessary measures for the effective transfer to the Autonomous Community of the allocations indicated in accordance with the provisions of the General Budget Law of the Budget Law. General of the State and other supplementary provisions.

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.

J) The effectiveness of the transfers.

The transfer of powers and the transfer of resources covered by this agreement will be effective or effective 1 July 1982.

And for the record we issued this certification in Madrid to July 19, 1982.-The Secretaries of the Joint Commission J.E.D.G. and J.P.R.

* The inclusion of this relationship is omitted.

Certificate:

At the plenary session of the Commission held on 19 July 1982, agreement was adopted ratifying the proposal on transfers to the Autonomous Community of Galicia of the powers, functions and services of the Plant production approved by the Plenary Session of the Joint Committee on the Transfers of Agriculture Fisheries and Food at its meeting on 16 July 1982 in the following terms:

A) Reference to statutory and statutory constitutional rules for transfer.

The Constitution in Article 148 states that the Autonomous Communities may assume responsibility for agriculture and livestock in accordance with the general management of the economy as well as in the field of In the case of forestry and Article 149, the State reserves the exclusive responsibility for establishing the bases and coordination of the general planning of economic activity and the basic legislation on mountains and foresters, as well as international relations.

For its part the Statute of Autonomy of Galicia establishes in its article 30.1.3 that it corresponds to the Autonomous Community of Galicia the exclusive competence in matters of agriculture and animal husbandry and in its article 27.10, the competition In the case of forests, livestock and pasture shall be used exclusively for forestry purposes without prejudice to the provisions of Article 149.1.23 of the Constitution.

On the basis of these constitutional and statutory provisions it is legally possible for the Autonomous Community of Galicia to have powers in the fields of plant production, so it is necessary to operate in this field. transfers of powers of such kind to the same.

Decrees 2684/1971 of 5 November; 2180/1973 of 17 August; 2918/1974 of 11 October; 2390/1976 of 18 October and other concordant provisions lay down the functions of plant production which are competent to the General Directorate of Agricultural Production through the General Subdirectorate of Plant Production.

Consequently with the above it seems necessary and it is strictly legal to reach an agreement on transfer of competences in the subjects indicated to the Board of Galicia in order to fulfill the objectives of its creation and for enable the constitutional requirement of the territorial organisation of the designed State.

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

1. It transfers to the Autonomous Community of Galicia 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 powers:

(a) The technical-economic analysis and characterization of the agricultural and forestry production systems in their territorial scope, in accordance with the regulations established by the State Administration.

(b) Planning for the Administration of the State to monitor and evaluate regional programmes in the field of the management and promotion of agricultural and forestry production and the means of production in the framework of the programmes and in accordance with the bases and the general economic management which, in relation to the specified subject matter, are established or established by the State Administration.

c) The monitoring and evaluation in the territorial scope of programmes and actions of general interest that relate to the management and promotion of agricultural and forestry production and its means of production have established or established the State Administration.

(d) the implementation of technical activities resulting from the management and promotion of agricultural and forestry production and in particular those aimed at technological development and improving the productivity of agricultural and forestry products; with the general rules in force.

(e) the implementation of the technical activities resulting from the management and promotion of the means of production and in particular those aimed at the more rational use of the means of production.

f) The exercise of functions in their territorial scope of crop and plantation records.

g) The exercise of the functions in the territorial scope in accordance with the general regulations in force of the records necessary for the management of the market of fertilizers and other means of production.

(h) The resolution of the sanctioning files in the cases referred to in Article 29 and under the conditions set out in Article 22 (C) of the Statute of Autonomy for Galicia as well as that of those who agree with the current legislation is being exercised by the transferred services

(i) the management of grants to be established by the general budget of the State for the development of programmes and actions relating to the management and promotion of agricultural and forestry production and the means of production within the framework of the general management of the economy and in accordance with the general rules of the State Administration governing each type of subsidy; providing information that in relation to the management of the said grants is required in each case by the State Administration for the purpose of controlling the employment of the same.

2. For the effectiveness of the competences and related functions they are transferred to the Board of Galicia receiving from the same the Provincial Headquarters of Plant Production affections to the respective Provincial Directorates of the Ministry of Agriculture Fisheries and Food located in its territorial area.

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

Consequently, with the relationship of past competences, they will remain in the Ministry of Agriculture and Food and will remain of their competence to be exercised by the same the following functions and activities they have legally attributed:

(a) The establishment of the planning bases and the general management of the policy of management and promotion of agricultural and forestry production and of the means of production in accordance with the general planning of economic activity.

b) The technical-economic analysis and characterization of agricultural and forestry production systems at national level from data provided by the Autonomous Community and those directly obtained from the Administration of the State according to the rules that this dictates to the effect.

(c) Planning the Autonomous Community to coordinate the monitoring and evaluation of programmes and actions of general interest in the field of the management and promotion of agricultural and forestry production and of the means of production.

(d) Allocation of investments and grants to be established by the General Budget of the State for the implementation of the programmes and actions in the previous point.

(e) the establishment of the rules governing the application at national level of the abovementioned grants and the control of the use of the grants.

f) The establishment of crop and plantation records.

g) The approval and registration of the means of production.

(h) International relations in the field of plant production The Autonomous Community may attend and participate in the Spanish delegation in technical meetings of an international nature when required or to request the government to participate in matters affecting its interests in the same way.

i) Any other that corresponds to you under some rule and has not been transferred.

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

They will be developed in coordination between the Ministry of Agriculture Fisheries and Food and the Autonomous Community of Galicia through the collegiate body that is regulated by the Ministry and with Participation of all territorial entities the following functions and competences:

a) Setting the rules requires for:

-The analysis and technical-economic characterization of the agricultural and forestry production systems as well as for the management of the records mentioned in the above headings.

-The development of programmes and actions of general interest in the management and promotion of agricultural and forestry production and the means of production.

-The territorial distribution of the grants to be managed by the Autonomous Community for the development of the aforementioned programs and actions so blunt for the redistribution of the amounts initially allocated, taking account of the management carried out by each Autonomous Community.

b) The provision of information on the objectives pursued and achieved with the development of programmes and actions promoted by both administrations.

(c) The coordination of the actions of the Public Administrations in the field of management and promotion of agricultural and forestry production and the means of production.

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

The property rights and obligations of the State that are collected in the detailed inventory of the attached relationship number 1 * where the movable buildings and the concessions and contracts are identified are transferred to the Board of Galicia. affected by the transfer. These transfers shall be formalised in accordance with the provisions of the fourth transitional provision of the Autonomy Statute and other provisions 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 who are nominally referred to in the attached relationship number 2 * will continue with this membership, going on to depend on the corresponding Autonomous Community in the legal terms. 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 number of Personnel Registry.

2. The transfer shall be notified to the persons concerned by the Subsecretariat of Agriculture and Nature Conservation of the Ministry of Agriculture Fisheries and Food and other competent bodies. Also 53 shall send to the competent authorities of the Autonomous Community of Galicia a copy of all the files of such staff transferred, preceded by the State Administration, to amend the organic and budgetary templates in function of the operated transfers.

G) Job vacancies that are moved

The job vacancies to be transferred are those detailed in the accompanying relations number 2.2 * with an indication of the body to which the organic level and the corresponding budgetary allocation are attached.

H) Valuation of the financial burdens of the services transferred.

The budgetary appropriations for the current financial year constituting the envelope for the services transferred are set out in the attached ratio number 3 *.

The Joint Committee shall approve the assessment of the effective cost of the services and functions transferred, as well as any amendments to be made to the budgets of the State or the Autonomous Bodies. corresponding to the instructions given by the Ministry of Finance for that purpose.

The Ministry of Finance will adopt the necessary measures for the effective transfer to the Autonomous Community of the allocations indicated in accordance with the provisions of the General Budget Law of the Budget Law. General of the State and other supplementary provisions.

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.

J) Date of effectiveness of transfers.

The transfer of powers and the transfer of resources covered by this agreement will be effective from 1 July 1982.

And for the record we issued this certification in Madrid to July 19, 1982.-The Secretaries of the Joint Commission J. E. D. G. and J. P. R.

* The inclusion of this relationship is omitted.

Certificate:

At the plenary session of the Commission held on 19 July 1987, agreement was adopted ratifying the proposal on transfers to the Autonomous Community of Galicia of the functions and services of the Animal production approved by the Plenary Session of the Joint Committee on the Transfers of Agriculture Fisheries and Food at its meeting on 16 July 1982 in the following terms:

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

The Constitution in Article 148 states that the Autonomous Communities may assume responsibility for agriculture and livestock in accordance with the general management of the economy as well as in the field of In the case of forestry, and in Article 149, it reserves the exclusive competence of the State on the establishment of the bases and coordination of the general planning of the economic activity of foreign trade and international relations.

For its part the Statute of Autonomy of Galicia establishes in its article 30.1.3 that it corresponds to the Autonomous Community of Galicia the exclusive competence in matters of agriculture and animal husbandry according to the bases and the management of the general economic performance and the monetary policy of the State in the terms of the provisions of Articles 38, 131, 149, 1, 11 and 13 of the Constitution.

On the basis of these constitutional and statutory provisions it is legally possible for the Autonomous Community of Galicia to have competence in animal production matters and therefore it is necessary to operate in this field. transfers of powers of such kind to the same.

Decrees 2684/1971 of 5 November; 2918/1974 of 11 October and other concordant provisions lay down the functions, in the field of animal production, which are the responsibility of the Directorate-General for Agricultural Production through the General Subdirectorate of Animal Production.

Consequently, it seems necessary and strictly legal to reach an agreement on transfers of competences in the subjects indicated to the Board of Galicia in order to fulfill the objectives of its creation and to enable the constitutional requirement of the territorial organization of the designed State.

B) Competences and functions assumed by the Autonomous Community and identification of the services that are transferred.

1. They transfer to the Autonomous Community of Galicia within its territorial scope in the terms of this agreement and of the Decrees and other rules that make it effective and are published in the "Official State Gazette":

(a) The technical-economic analysis and characterization of the animal production systems and the rationalisation of livestock holdings in their territorial scope in accordance with the general rules laid down by the Administration of the State.

(b) Planning, the Administration of the State Administration, monitoring and evaluation of regional programmes in the field of livestock improvement and the rationalisation of livestock farming systems, within the framework of the the programmes and in accordance with the bases and the general economic management which are established or established by the State Administration in relation to the aforementioned matter.

c) The establishment and development of the actions corresponding to the management of the structure and productive organization of the livestock subsectors, as well as the improvement of productivity according to the basic regulations general.

d) The implementation, monitoring and evaluation in its territorial scope of programs to promote and improve animal production and to use the resources used for animal husbandry.

e) The actions related to the Regulation on Grazing Grass and Rastrocisers.

f) The direction and execution of the Reproduction Programs ordered in accordance with the provisions in force. For its best development, the State Administration will provide the Autonomous Community of Galicia and the request for the same, the necessary animal genetic material from the National Centers for Animal Selection and Reproduction with the specifications of genetic quality that the Autonomous Community considers appropriate for the improvement of the cattle herd of Galicia within the availabilities of the National Bank that maintain these Centers. Where the requested genetic material cannot be treated in the form set out by the Autonomous Community, it may manage its acquisition abroad, subject to the legislation in force on the importation of animal genetic material.

g) The approval and implementation of provincial and regional local livestock competitions as well as the collaboration and support in the development of national livestock competitions and exhibitions-sales of Selected players who, on the proposal of the National Associations of Cattle Breeders, are approved by the State Administration to carry out in the field of the Autonomous Community.

(h) The monitoring of compliance and, where appropriate, the complaint to the State Administration of violations committed against current legislation in the field of improvement and promotion of livestock and media production production.

(i) the resolution of the case-sanctioning cases referred to in Article 29 and under the conditions laid down in Article 22 (c) of the Statute of Autonomy for Galicia as well as that of which according to the Current legislation is being exercised by the transferred services.

(j) The management of grants to be established by the General Budget of the State for the development of programmes and actions relating to the improvement and promotion of livestock production and the means of production within the framework of the general management of the economy and the general rules of the State Administration which regulate each type of subsidy, providing information that in relation to the management of these grants is required in each case by the State Administration for the purpose of controlling the employment of the State.

2. For the effectiveness of the competencies and related functions are transferred to the Board of Galicia receiving from the same the Provincial Headquarters of Animal Production affected to the respective Provincial Directorates of the Ministry of Agriculture Fisheries and Food located in its territorial area.

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

Consequently, with the relationship of past competences, they will remain in the Ministry of Agriculture and Food and will remain of their competence to be exercised by the same the following functions and activities which is legally attributed to:

(a) The establishment of the planning bases and the general management of the policy of management and improvement of the animal production according to the general planning of the economic activity.

(b) The establishment of the Autonomous Community of the guidance and structure programmes of the animal censuses as soon as these constitute basic general rules of the State.

(c) The establishment of the programmes for the production of the livestock sub-sectors and for the promotion and improvement of animal production, as well as the consequent coordination and monitoring of their production results at national level within the general rules.

d) The regulation and development of the books and the Genealogical Records of the Control of the Res and the Valuation of Reproducers enrolled in the

themselves.

e) The National Center for Animal Selection and Reproduction and the Deposits of Select Players that are dependent on it.

f) The approval and registration of raw materials and feed formulas for animal feed.

g) The approval and technical management of national and international livestock competitions and the sale of select players.

(h) The allocation of investments and grants that the General Budget of the State establishes for the implementation of the programmes and activities mentioned above.

i) the establishment of the rules governing the application at national level of the abovementioned grants and the control of the use of the grants.

(j) International relations in the field of animal production as well as the competences related to the external trade of selected players and animal genetic material. The Autonomous Community may attend and participate in the Spanish delegation in such international technical meetings as may be required to do so or to ask the Government to participate in such meetings when the meetings deal with matters which affect their interests.

k) Any other that corresponds to you under some rule and has not been transferred.

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

They will be developed in coordination between the Ministry of Agriculture Fisheries and Food and the Autonomous Community of Galicia through the collegiate body that is regulated by the Ministry and with Participation of all territorial entities the following functions and competences:

(a) The harmonization and coordination of the operation of Central and Autonomous Administrations in the field of management and improvement of animal production.

(b) Instrumentation of development in the field of the Autonomous Community, of the programmes and actions referred to in paragraph B. 1, for the necessary general economic coordination.

(c) The establishment of the objective criteria for the territorial distribution of subsidies, for such programmes and actions, to be managed by the local authorities, as well as the criteria for to continue the redistribution of the grants, initially allocated, taking into account the management carried out by each of the Entes.

d) The determination of the precise methods, procedures and data to facilitate the mutual information necessary for both the Central State Administration and the Autonomous Community

e) The provision of information to be determined for the monitoring and evaluation at national level of the programs and actions mentioned above, with the periodicity and in the form that is established for each one.

f) The study, approval of the hybridization programs, as well as the concerted Centers for artificial insemination of livestock, subject to the established general basic regulations on the subject matter

g) The study, approval and implementation of programs for the defense, conservation and promotion of indigenous races that are considered to be of national interest.

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

They are transferred to the Galicia Board, the goods, rights and obligations of the State that are collected in the detailed inventory of the attached relationship number 1 *, where the buildings, furniture and the concessions are identified and contracts affected by the transfer. These transfers shall be formalised in accordance with the provisions of the fourth transitional provision of the Statute of Autonomy and other provisions 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 who are nominally referred to in the attached relationship number 2 * will continue with this membership, going on to depend on the corresponding Autonomous Community, in the legal terms 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 number of Personnel Registry.

2. The transfer shall be notified to the persons concerned by the Secretariat for Agriculture and Nature Conservation of the Ministry of Agriculture, Fisheries and Food and other competent bodies. A copy of all the files of this transferred staff shall also be sent to the competent bodies of the Autonomous Community of Galicia, preceded by the State Administration to amend the organic and budgetary templates in function of the operated transfers.

G) Job vacancies that are moved.

The job vacancies that are transferred are those that are detailed in the adjoins number 2.2 * with indication of the Body to which they are attached, organic level and corresponding budgetary allocation.

H) Valuation of the financial burdens of the services transferred.

The budgetary appropriations for the current financial year constituting the envelope for the services transferred are set out in the attached ratio number 3 *.

The Joint Committee shall approve the assessment of the effective cost of the services and functions transferred, as well as any amendments to be made to the budgets of the State or the autonomous bodies. in accordance with the instructions given by the Ministry of Finance for that purpose.

By the Ministry of Finance, the necessary measures will be taken for the effective transfer to the Autonomous Community of the appropriations indicated, in accordance with the provisions of the General Budget Law, the Budget Law General of the State and other supplementary provisions.

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.

J) Date of effectiveness of transfers.

The transfer of powers and the transfer of resources covered by this agreement will be effective from 1 July 1982.

And for the record, we issued this certification in Madrid to July 19, 1982.-The Secretaries of the Joint Commission J. E. D. G. and J. P. R.

* The inclusion of these relationships is omitted.

Certificate:

At the plenary session of the Commission held on 19 July 1982, agreement was adopted ratifying the proposal on transfers to the Autonomous Community of Galicia of the powers, functions and services of the Animal health approved by the plenary session of the Joint Committee on the Transfer of Agriculture and Fisheries at its meeting on 16 July 1982 in the following

:

A) Reference to constitutional and statutory and statutory rules for the transfer.

The Constitution in Article 148 states that the Autonomous Communities may assume responsibility for agriculture and livestock farming, in accordance with the general management of the economy and health and hygiene, and in the 149 the State the exclusive competence on the external health bases and general coordination of the health and the general planning of the economic activity; legislation on pharmaceutical products and the customs and tariff system as foreign trade.

For its part the Statute of Autonomy of Galicia establishes in its article 30.1.3 that it corresponds to the Autonomous Community of Galicia the exclusive competence in matters of agriculture and animal husbandry according to the bases and the management The general economic performance of the article also establishes exclusive powers for the Autonomous Community of Galicia in the field of industry, without prejudice to the determination of the State's rules for health reasons. Article 33 in its number one provides that the Autonomous Community is responsible for the legislative development and implementation of the State's basic legislation in the field of internal health; its number three gives it the implementation of the legislation. of the State on pharmaceutical products, and in its number four that the Autonomous Community may organize for such purposes and within its territory all the services related to the materials previously expressed by reserving the State the high inspection conducive to the fulfilment of the functions and powers contained in that Article.

On the basis of these constitutional and statutory provisions it is legally possible for the Autonomous Community of Galicia to have competence in matters of Animal Health and therefore it is necessary to operate in this field powers of such a kind.

Decree 2684/1971 of 5 November states that it is the responsibility of the Subdirectorate General for Animal Health to prevent and control animal diseases and zoonoses control of the means of health protection (a) border health as well as compliance with the laws and regulations on epizootic diseases and international conventions related to this matter.

Consequently, it seems necessary and strictly legal to reach agreement on the transfer of competences, in the subjects indicated, to the Board of Galicia in order to fulfill the objectives of its creation and to enable the constitutional requirement of the territorial organization of the designed State.

B) Competences and functions assumed by the Autonomous Community and identification of the services that are transferred.

1. It transfers to the Autonomous Community of Galicia within its territorial scope in the terms of this agreement and the Decrees and other rules that make it effective and are published in the "Official State Gazette" the following powers:

(a) Control and surveillance of animals and their holdings for the detection of epizootic diseases and the adoption of relevant health measures in the case of the occurrence of one of them.

b) The planning, management, implementation and evaluation of livestock sanitation campaigns not covered by the State-wide provisions.

(c) The organisation, management, implementation and evaluation, in its territorial scope, of livestock sanitation campaigns, regulated by state-wide provisions, as well as the authorisation of concerts for livestock sanitation in the regulatory campaigns for State-wide provisions.

d) The recommendation of the means of combating animal diseases.

e) The promotion of health defense livestock groups.

(f) The adoption of mandatory animal health measures in relation to the movement and transport of animals and products derived therefrom.

g) Authorisation, qualification, registration, as well as animal health control of livestock concentrations, animal holdings, semer.such stops, non-state breeding centres, zoos, establishments Horse riding, centres for the promotion and care of pets and others.

(h) The management, in its territorial scope, of the registration of distributors of animal health products and products.

(i) the management of grants to be established by the general budget of the State for the development of livestock sanitation campaigns and animal health programmes, within the framework of the general management of the economy and in accordance with the general rules of the State Administration that regulate each type of subsidy, providing information that, in relation to the management of these grants, is required, in each case, by the administration of the State, for the purpose of controlling the use of the same.

2. For the effectiveness of the competencies and related functions they are transferred to the Board of Galicia receiving from the same the Provincial Headquarters of Animal Production, affections to the respective Provincial Directorates of the Ministry of Agriculture, Fisheries and Food, located in its territorial area.

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

Consequently, with the relationship of past competences, they will remain in the Ministry of Agriculture, Fisheries and Food and will continue to be of their competence to be exercised by the same the following functions and activities which is legally attributed to:

(a) Basic legislation, general planning and coordination in the field of animal health.

(b) The rules for homogeneity throughout the national sphere of activity in this field are laid down by the Autonomous Community.

c) Planning, coordination and evaluation of livestock sanitation campaigns at the state level and animal health programmes, as well as the allocation of investments and grants to the budget General of the State establish for the performance of such actions.

d) The establishment of the regulations governing the application, at national level. of the grants, previously mentioned, as well as the control of the use of the same.

e) The recording and control of the production of the animal health products, as well as the health approval of the industries related thereto.

f) The authorization. certification and animal health control of the animals and products derived therefrom and related thereto, for foreign trade. at both origin and customs.

g) High inspection in the field of animal health.

h) International relations in the field of animal health. The Autonomous Community may attend and participate in the Spanish delegation, at technical meetings of an international nature, where it is required to do so or to ask the Government to participate in such meetings when they are dealt with by the matters affecting their interests.

i) Any other that corresponds to you under some rule and has not been transferred.

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

They will be developed in coordination between the Ministry of Agriculture, Fisheries and Food and the Autonomous Community of Galicia, through the collegiate body that is regulated by the Ministry and with Participation of all territorial entities, the following functions and competences:

(a) The mandatory official declaration of the existence of a disease shall be carried out by the Autonomous Community, within its territorial scope, on its own initiative or at the request of the State. In the first case, the Autonomous Community shall proceed to the prior communication to the State Administration for the ratification, if any, by this declaration. In the second, the Autonomous Community will have to make the statement. In any case, the ratification by the State Administration will mean the official declaration for the purposes of its validity throughout the national sphere and its communication at international level.

(b) The official declaration of disease-free areas shall be carried out by the Autonomous Community, giving knowledge to the State Administration that it shall ratify it, where appropriate, for the purposes of internal and external health.

(c) The Autonomous Community shall participate, through the collegiate body and in the form that is regulated by the Ministry of Agriculture, Fisheries and Food, in the elaboration and implementation of the livestock and animal health programmes established by the State Administration, to whom it shall provide the information necessary for the assessment of the animal health programmes.

(d) The Autonomous Community shall immediately inform the Administration of the State of the incidence, location and development of the epizootic diseases in its territorial scope. It shall also report on the action taken in this field.

(e) The Ministry of Agriculture, Fisheries and Food and the Autonomous Community will establish a convention to ensure that it is through the laboratories that depend on the State Administration, the support for the full exercise of the powers assumed in the field of animal health.

f) The Ministry of Agriculture Fisheries and Food, to the extent of its possibilities will provide technical and material support to the Autonomous Community for the development of its activities in the transferred materials.

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

They are transferred to the Galicia Board, the goods, rights and obligations of the State that are collected in the detailed inventory of the attached relationship number 1 *, where the buildings, furniture and the concessions are identified and contracts affected by the transfer. These transfers shall be formalised in accordance with the provisions of the fourth transitional provision of the Statute of Autonomy and other provisions 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 corresponding Autonomous Community, in the legal terms 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 number of Personnel Registry.

2. Under the Ministry of Agriculture and Nature Conservation of the Ministry of Agriculture Fisheries and Food and other competent bodies in the field of personnel. the transfer shall be notified to the persons concerned. In addition, a copy of all the files of this transferred staff will be issued to the competent bodies of the Autonomous Community of Galicia, preceded by the State Administration to amend the organic and budgetary templates in function of the operated transfers.

G) Job vacancies that are moved.

The job vacancies that are transferred are those that are detailed in the attached relations number 2.2 *, with indication of the Body to which they are attached, organic level and corresponding budgetary allocation.

H) Valuation of the financial burdens of the services transferred.

The budgetary appropriations for the current financial year constituting the allocation for the services transferred are set out in the attached ratio number 3 *.

The Joint Committee shall approve the assessment of the effective cost of the services and functions transferred, as well as the modifications which, if necessary, are to be operated in the State or the autonomous agencies ' budgets. in accordance with the instructions given by the Ministry of Finance for that purpose.

By the Ministry of Finance, the necessary measures will be taken for the effective transfer to the Autonomous Community of the appropriations indicated, in accordance with the provisions of the General Budget Law, the Law of General budget of the State and other supplementary provisions.

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.

J) Date of effectiveness of transfers.

The transfer of powers and the transfer of resources covered by this agreement will be effective from 1 July 1982.

And for the record, we issued this certification in Madrid to nineteen of July of a thousand nine hundred and eighty-two.-The Secretaries of the Joint Commission, J. E. D. G. and J. P. R.

* The inclusion of this relationship is omitted.

Certificate:

At the plenary session of the Commission held on 19 July 1982, agreement was adopted ratifying the proposal on transfers to the Autonomous Community of Galicia of the powers, functions and services of the The Committee on Agriculture, Fisheries and Food, in its meeting of 16 July 1982, approved the offer approved by the plenary session of the Joint Committee on the Transfers of Agriculture, Fisheries and Food

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 responsibility for agriculture and livestock, in accordance with the general management of the economy and in internal fairs, and in the article 149 reserves the exclusive competence of the State on the establishment of the bases and coordination of the general planning of economic activity, foreign trade, commercial law and international relations.

For its part, the Statute of Autonomy of Galicia establishes in its article 30.1.3 that it corresponds to the Autonomous Community of Galicia the exclusive competence in matters of agriculture and animal husbandry, according to the bases and the (a) management of the general economic performance, and Article 27 (16) and (28) of the Treaty, the exclusive competence of trade fairs and internal markets, as well as the centres for the procurement of goods, in accordance with the general rules of Commercial law. Article 30.7 also provides for exclusive competence in the development and implementation in Galicia of the plans laid down by the Staff Regulations for the restructuring of the economic sectors and the generic programmes stimulating the Expansion of productive activities and implementation of new enterprises.

On the basis of these constitutional and statutory provisions it is legally possible for the Autonomous Community of Galicia to have competence in the areas of supply management, so it is necessary to operate in this field. transfers of powers of such kind to the same.

Royal Decree 844/1981, of 8 May, and supplementary provisions, attribute to the General Subdirectorate General for Ordination of the Offer the functions of marketing. standardization and classification in origin of agricultural products, as well as the actions relating to the study, registration, promotion of information and surveillance of the markets in origin of agricultural products and the promotion of processing, registration, surveillance and inspection of the Agrarian Producer Groups, assigned to the General Directorate of Agrarian Production.

Consequently, it seems necessary and strictly legal to reach an agreement on transfers of competences in the subjects indicated to the Board of Galicia in order to fulfill the objectives of its creation and to enable the constitutional requirement of the territorial organization of the designed State.

B) Competences and functions assumed by the Autonomous Community and identification of the services that are transferred.

First.-It is transferred to the Autonomous Community of Galicia within its territorial scope in the terms of this Agreement and the Decrees and other rules that make it effective and published in the Official State Gazette. the following competencies:

(a) Actions relating to the dissemination and analysis of the application of quality standards for agricultural products at source.

b) The actions relating to the study promotion process information surveillance and approval of the Statutes and Regulations of the Centers for Contracting of Agricultural Products in Origin as well as the exercise of the functions of registration in accordance with the national programming of such Centres.

c) Actions relating to the promotion of technical advice and inspection of the Agrarian Producers ' Groups and the prior qualification to be submitted to the Ministry of Agriculture Fisheries and Food for your knowledge and ratification which you will do as long as it complies with the general regulations in force.

d) Proposals for calendar of celebrations of the Centers for Contracting of Agricultural Products in Origin that so require and their modifications in time.

e) The monitoring of compliance and in its case the complaint to the State Administration of the violations committed against the current legislation on the management of the offer.

(f) The resolution of the sanctioning files in the cases referred to in Article 29. under the conditions set out in Article 22 (c) of the Statute of Autonomy for Galicia, as well as that of those who, in accordance with current legislation, are being exercised by the services transferred.

g) The management of grants that the General Budget of the State establishes for the development of programmes and actions relating to the general management of the economy and in accordance with the general rules of State administration to regulate each type of subsidy by providing information that in relation to the management of these grants is required in each case by the State Administration for the purposes of the control of the employment of the

Second.-For the effectiveness of the competencies and related functions they are transferred to the Board of Galicia receiving from the same the Provincial Headquarters of the Agrarian Marketing and Marketing Affections to the respective Provincial Directorates of the Ministry of Agriculture Fisheries and Food located in its territorial area.

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

Consequently with the relationship of past competences. shall remain in the Ministry of Agriculture and Food and shall remain within its competence to be exercised by the Ministry of Agriculture and Food for the following functions and activities which it has legally assigned:

(a) Basic legislation planning general planning and coordination in the field of supply management.

b) The development and enactment of quality standards for agricultural products at source and their implementing regulations, as well as the basic legislation to be regulated by the Centre for the Recruitment of Agricultural Products (CCPA) and the Agrarian Producer Groups (APA).

c) The elaboration and approval of the programs on Agrarian Producer Groups. Centres of Contracting of Agricultural Products in Origin and the calendar of celebrations heard by the corresponding collegiate body.

d) Ratification of the APA rating for obtaining the benefits and aids that the legislation determines as well as the special register of APA.

e) The registration registration of the Centers for the Recruitment of Agricultural Products.

(f) The allocation of investments and grants that the General Budget of the State establishes for the development of programmes and actions relating to the management of supply.

(g) The establishment of the rules governing the application at national level of the above grants and the control of the use of the grants.

h) Any other that corresponds to it under some rule and has not been transferred.

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

They will be developed in coordination between the Ministry of Agriculture Fisheries and Food and the Autonomous Community of Galicia through the collegiate body that is regulated by the Ministry and with Participation of all territorial entities the following functions and competences:

(a) Instrumentation and further development of the monitoring and evaluation actions of the programs established by the State Administration, as well as the coordination and application of homogeneous operating criteria in the all the national territory.

(b) the establishment of objective criteria for the territorial distribution of subsidies to be managed by the Autonomous Community for the development of the abovementioned programmes and the criteria for to reallocation the amounts initially allocated according to the management carried out by each territorial Ente.

c) The completion of studies in order to rationalize supply and improve the marketing of productions by creating new contracting centers and improving existing ones.

d) Technical advice to Centers and Entities with the programs of the Centers for the Recruitment of Agricultural Products and APAS.

e) The disclosure of the activity of the Centers and Entities arising from the application of the aforementioned programs.

f) The analysis of the decisions to be taken on the programs of the contracting centers and APAS.

g) Training of personnel for the development of the above-mentioned programmes.

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

The property rights and obligations of the State that are collected in the detailed inventory of the attached relationship number 1 * where the movable buildings and the concessions and contracts are identified are transferred to the Board of Galicia. affected by the transfer. These transfers shall be formalised in accordance with the provisions of the fourth transitional provision of the Statute of Autonomy and other provisions 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 who are nominally referred to in the attached relationship number 2 * will continue with this membership, going on to depend on the corresponding Autonomous Community in the legal terms. 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 number of Personnel Registry.

2. The transfer shall be notified to the persons concerned by the Subsecretariat of Agriculture and Nature Conservation of the Ministry of Agriculture Fisheries and Food and other competent bodies. A copy of all the files of this transferred staff shall also be sent to the competent authorities of the Autonomous Community of Galicia. The State Administration will be preceded by the modification of the organic and budgetary templates according to the transfer operations.

G) Job vacancies that are moved

The job vacancies to be transferred are the ones detailed in the adjoins number 2.2 * with indication of the Body to which you are assigned organic level and corresponding budget allocation

H) Valuation of the financial burdens of the services transferred.

The budgetary appropriations for the current financial year constituting the allocation for the services transferred are set out in the attached ratio number 3.

The Joint Committee shall approve the assessment of the effective cost of the services and functions transferred, as well as any changes to be made to the budgets of the State or the autonomous bodies. in accordance with the instructions given by the Ministry of Finance for that purpose.

By the Ministry of Finance, the necessary measures will be taken for the effective transfer to the Autonomous Community of the appropriations indicated, in accordance with the provisions of the General Budget Law, the Law of General budget of the State and other supplementary provisions.

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.

J) Date of effectiveness of the transterences.

The transfer of powers and the transfer of resources covered by this agreement will be effective from 1 July 1982.

And for the record, we issued this certification in Madrid to July 19, 1982. -The Secretaries of the Joint Commission, J. E. D. G. and J. P. R.

* The inclusion of this relationship is omitted.

Certificate:

At the plenary session of the Commission held on 19 July 1982, agreement was adopted ratifying the proposal on transfers to the Autonomous Community of Galicia of the powers, functions and services of the In its session of 16 July 1982, approved by the plenary session of the Joint Committee on the Transfers of Agriculture, Fisheries and Food, the following words were expressed:

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

The Constitution, in Article 148, establishes that the Autonomous Communities will be able to assume responsibility for agriculture and livestock. in accordance with the general management of the economy, and in article 149 reserve to the State the exclusive competence on the establishment of the bases and coordination of the general planning of the economic activity international relations and statistics for state purposes. For its part, the Statute of Autonomy of Galicia establishes in its article 30.1.3 that it corresponds to the Autonomous Community of Galicia the exclusive competence in matters of agriculture and animal husbandry, according to the bases and the management of the action general economic

On the basis of these constitutional and statutory provisions, it is legally possible for the Autonomous Community of Galicia to have competence in livestock development matters, so it is necessary to operate already in this field. transfers of powers of such kind to the same.

Decree-Law 14/1969 and 6/1975 authorize the two agreements established by Spain with the International Bank for Reconstruction and Development on 17 July 1969 and 16 July 1975, which they attribute to the Development Agency. Livestock farmers are responsible for the selection and supervision of development credits, as well as technical assistance to livestock farmers participating in their programmes, aimed at the production increase of extensive national livestock production, reduction of imports and raising of agricultural incomes in the areas concerned.

Royal Decree 419/1979 of 13 February, and concordant provisions extend to the whole of the national territory the powers and actions of the Agency in the field of livestock development and credit management Furthermore, the Commission has also provided the Commission with a view to the adoption of a decision on the implementation of the Treaty on the European Union and on the implementation of the Treaty on European Union. Livestock Development

As a result, it seems necessary and strictly legal to reach agreement on transfers of competences, in the areas indicated, to the Board of Galicia in order to meet the objectives of its creation and to enable the constitutional requirement of the territorial organization of the designed State.

B) Competences and functions assumed by the Autonomous Community, and identification of the services that are transferred.

1. It is transferred to the Autonomous Community of Galicia, 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. following competencies:

(a) The selection, study and drafting of the plans will improve cattle breeding for those entrepreneurs who apply for the supervised livestock credit lines.

b) Proposals for the granting of livestock development loans to the relevant credit institutions.

(c) Technical assistance to entrepreneurs who are eligible or eligible for the livestock development programmes.

(d) The supervision of the use of loans granted to livestock and distribution entrepreneurs, according to their different purposes and their calendar.

e) Monitoring and monitoring of improvements and the transforaging of host enterprises.

f) The management of the use of, the private lines of credit and other aid established by the Agency for Livestock Development with Savings Banks, Rural Banks and Diputations or other Entities, prior to the formulation of the agreements between the latter and the Autonomous Community and the Livestock Development Agency.

(g) Administrative processing and the provisional resolution of the dossiers for the granting of official appropriations for livestock development within the framework of the general administration of the economy and the general rules governing is established by the State Administration.

2. For the esectinty of the, competences and related functions are transferred to the Board of Galicia, receiving them, the teams of projects of the Agency of Livestock Development, located in its territorial scope.

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

Consequently, with the relationship of past competences, they will remain in the Ministry of Agriculture, Fisheries and Food and will continue to be of their competence to be exercised by the same functions and activities which is legally attributed to:

a) The productive orientation, control and coordination of the supervised official credits.

(b) The allocation of official appropriations and of the aid that the general budget of the State establishes for the implementation of the livestock development programmes.

c) International relations in the field of livestock development which are assigned to it by the agreements established with the World Bank and others which may be established The Autonomous Community may attend and participate, within the Spanish delegation, in those technical meetings of an international character when required to do so, or to request from the government its participation when the meetings deal with matters affecting its interests.

d) The general statistics and evaluation of livestock development actions.

e) Any other that corresponds to it under some rule and has not been transferred.

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

They will be developed in coordination between the Ministry of Agriculture, Fisheries and Food and the Autonomous Community of Galicia, through the collegiate body that is regulated by the Ministry and with Participation of all territorial authorities, the following functions and competences:

(a) The rules governing the regulation of actions relating to the management of lines of credit and other aid from farmers who are granted to the General Budget of the State.

b) The exchange of information to enable the study and evaluation of livestock development actions and the issuance of reports and recommendations.

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, furniture and the concessions are identified, are transferred to the Board of Galicia. These transfers are formalised in accordance with the provisions of the fourth transitional provision of the Statute of Autonomy and other provisions 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 normally referred to in the attached relationship number 2. * will continue with this membership, going on to depend on the corresponding Autonomous Community in the legal terms 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 number of Personnel Registry.

2. The transfer shall be notified to the persons concerned by the Ministry of Agriculture, Fisheries and Food and other competent bodies of the Ministry of Agriculture, Fisheries and Food. The competent bodies of the Autonomous Community of Galicia shall also be sent a copy of all the files transferred to it by the State Administration to amend the organic templates and to budget them in function of the operated transfers.

G) Job vacancies that are moved.

The vacant job positions that are transferred are those that are detailed in the relations attached number 2.2 *, with indication of the Body to which they are attached, organic level and corresponding budget allocation.

H) Valuation of the financial burdens of the services transferred.

The budgetary appropriations for the current financial year constituting the allocation for the services transferred are set out in the attached ratio number 3.

The Joint Committee will approve the assessment of the effective cost of the services and functions transferred, as well as the modifications that, if necessary, should be operated in the State or Autonomous In accordance with the instructions to which the Ministry of Finance is required to do so.

By the Ministry of Finance the precise measures for the effective transfer of the Autonomous Community of the Indicated endowments will be adopted, in accordance with the provisions of the General Budget Law, the Law on Budgets General of the State and other supplementary provisions.

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.

J) Date of effectiveness of transfers.

The transfer of powers and the transfer of resources covered by this agreement will be effective from 1 July 1982.

And for the record. The present certification is issued in Madrid at 19 July 1982.-The Secretaries of the Joint Committee, J. E. D. G. and J. P. R.

* The inclusion of this relationship is omitted

Certificate:

At the plenary session of the Commission, held on 19 July 1982, agreement was adopted by ratifying the proposal on the transfer to the Autonomous Community of the qualifications, functions and services of the agricultural industries, adopted by the plenary session of the Joint Committee on the Transfer of Agriculture and Fisheries at its meeting on 16 July 1982, in the following terms.

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

The Constitution, in Article 148, provides that the Autonomous Communities may assume responsibility for agriculture and livestock farming, in accordance with the general management of the economy, and Article 149 reserves the State exclusive competence on the interests and coordination of the overall planning of economic activity. For its part, the Statute of Autonomy for Galicia establishes in its Article 30 that, according to the bases and the ordination of the general economic performance and the monetary policy of the State, it corresponds to the Galician Autonomous Community, in the terms of the provisions of Articles 38, 131 and 149.1, 11 and 13 of the Constitution, exclusive competence of industry, without prejudice to the determination of the State's rules for reasons of safety, health or military interest and standards which are subject to the Iegislation of mines, hydrocarbons and nuclear energy, being reserved for the (a) the Commission's exclusive competence for the transfer of foreign technology (2), agriculture and livestock (3).

On the basis of these constitutional and statutory provisions, it is legally possible for the Antórito de Galicia Community to have powers in matters of agricultural industries, and therefore it is necessary to operate in this field. transfers of powers of such kind to the same.

Royal Decree 1716/1976 of 23 July, and other supplementary provisions, attribute to the Ministry of Agriculture, Fisheries and Food certain powers over agricultural industries.

Consequently, it appears necessary and it is strictly legal to reach agreement on transfer of competences in the areas indicated, to the Board of Galicia, in order to fulfill the objectives of its creation and to enable the constitutional requirement of the territorial organization of the designed State.

B) Competences and functions assumed by the Autonomous Community, and identification of the services that are transferred.

1. It transfers to the Autonomous Community of Galicia within its territorial scope, in the terms of this agreement and of the Decrees and other rules that make it elective and published in the Official Journal of the State, the following powers:

(a) The information prior to the declaration, by the Ministry of Agriculture and Food, industrial sectors of preferential interest, preferential zones Industrial Localization and the modification of the system (a) in the case of exceptional circumstances, as well as the establishment of the minimum requirements laid down for that scheme.

b) The proposal of the Ministry of Agriculture, Fisheries and Food, of the declaration of industrial sectors of interest, preferential and of zones of preferential agricultural industrial location.

c) The processing and authorization for the installation or modification of the liberalised industries and their registration in the provincial registry.

d) The legalisation of agricultural industries which are considered to be liberalised.

e) The processing of files for the installation or modification of agricultural industries except for the completion of public information, the drafting of the corresponding Reports and the lifting thereof, with their proposals to the Ministry of Agriculture, Fisheries and Food for resolution.

The final inspection and the lifting of the test report and the subsequent registration in the provincial register.

(f) The processing of the files for the installation or modification of industries which are engaged in agricultural industrial sectors of preferential interest or areas of preferential industrial location, the wording of the reports The Ministry of Agriculture, Fisheries and Food for its resolution: the inspection and verification of the works and their subsequent registration in the provincial register.

The management of the grants that the General Budget of the State establishes for the development of programs and actions related to the management and promotion of agro-food industrialization, within the framework of the general management of the economy and in accordance with the general rules of the State Administration, which regulates each type of subsidy, providing the information that, in relation to the management of the aforementioned grants, is required, in each case, by the State Administration for the purpose of controlling the employment of the State.

The drafting of the reports that are required by the Ministry of Agriculture and Food, in the field of agricultural and food industries of their competence when requested by the State Administration.

g) The issuance of the business qualification document in the sectors in which it is already established or in which it can be implemented in the future by the State Administration with the participation of the Autonomous Community, with the general legislation in force. (h) Inspection and verification of compliance with legislation in the field of agricultural industries.

(i) The instruction in the case of sanctions initiated in connection with the infringements observed in those inspections and their decision in the case of liberalised industries, assuming in this field the powers conferred on them the General Dlrección de Industrias Agrarias by the legislation in force. In the case of industries with the exception of the lifting of the motions for resolutions to the Ministry of Agriculture, Fisheries and Food.

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 Agriculture, Fisheries and Food and will continue to be of their competence to be exercised by the same functions and activities that you have legally attributed to:

(a) The management and promotion of agricultural industries within the overall planning of economic activities, heard by the competent collegiate body.

(b) The declaration, prior to the report of the Autonomous Community, of industrial sectors of preferential interest and of zones of preferential agricultural industrial location.

(c) The declaration of the derogation system and the fixing of minimum requirements to be laid down for the industries subject to that scheme.

The inclusion in the regime of the exception of those industrial sectors which are subject to a restructuring or industrial conversion process.

In this matter, the competent collegiate body must be heard.

(d) the resolution of the files for the installation or modification of the agricultural industries except in the light of the reports and proposals issued by the Autonomous Community.

(e) The resolution of the dossiers for the installation or modification of the industries covered by industrial sectors of preferential interest or areas of preferential agricultural industrial location, in the light of the reports proposals issued by the Autonomous Community.

The determination Q every industry, if any, of the benefits these special regimes carry with them.

f) The implementation of the business qualification document in the sectors that request it in accordance with the general legislation that the State Administration establishes.

g) Participation in Interministerial Commissions where the report of the Ministry of Agriculture, Fisheries and Food is mandatory.

(h) Relations in the field of agricultural industries. The Autonomous Community may attend and participate, within the Spanish delegation, in technical meetings of an international nature when required to do so.

(i) the discretion to inspect establishments in agricultural industries where anomalies are found in any sector, affecting or likely to affect more than one territorial Ente, prior to knowledge of the Community Autonomous region of Galicia.

j) Resolution of the sanctioning files and instructed by the Autonomous Community of the excepted agricultural industries.

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

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

(a) In order to maintain due homogeneity in the field of registration of agricultural industries, the Autonomous Community shall comply with the general rules to be established for this purpose. In any event, the Autonomous Community shall provide the Ministry of Agriculture, Fisheries and Food with copies of all the entries or modifications made in its agricultural industrial registers, which shall make available to the Autonomous Community the information to be provided.

(b) The territorial distribution of subsidies to be managed by the Autonomous Community for the development of programmes and operations relating to the management and promotion of agro-food industrialisation, as well as for the redistribution of the quantities initially allocated, taking account of the management carried out by each Autonomous Community.

(c) For the management of the parafiscal charges and the collection of the fines, as well as their distribution, they will be subject to what is established in general by the State Administration.

(d) Harmonisation between the different territorial entities of the transferred materials.

e) The Ministry of Agriculture, Fisheries and Food, to the extent of its possibilities, will provide technical and material support to the Autonomous Community for the development of its activities in the transferred materials

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

The Government of Galicia transfers the goods, rights and obligations of the State that are collected in the detailed inventory of the attached relation number 1 *, where the buildings, furniture and concessions are identified and contracts affected by the transfer. These transfers shall be formalised in accordance with the provisions of the fourth transitional provision of the Autonomy Statute and other provisions in each applicable case.

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

1. The staff assigned to the services and institutions transferred and who are nominally referred to in the attached relationship number 2 * will continue with this membership, going on to depend on the corresponding Autonomous Community, in the legal 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 Registry.

2. For the Under-Secretary of Agriculture and Nature Conservation, of the Ministry of Agriculture, Fisheries and Food, and other competent bodies in

personnel matters shall be notified to the persons concerned by the transfer. A copy of all the files of this transferred staff will also be sent to the competent bodies of the Galician Board, with the State Administration to modify the organic and budgetary templates according to the Operated transfers.

G) Job vacancies that are moved

The job vacancies that are transferred are those that are detailed in the attached relations number 2.2 *, with an indication of the Body to which they are attached, organic level and corresponding budgetary allocation.

H) Valuation of the financial burdens of the services transferred.

The budgetary appropriations for the current financial year constituting the envelope for the services transferred are set out in the attached ratio number 3 *.

The Joint Committee shall approve the assessment of the effective cost of the services and functions transferred, as well as any amendments to be made to the budgets of the State or the autonomous bodies. in accordance with the instructions given by the Ministry of Finance for that purpose.

By the Ministry of Finance, the necessary measures will be taken for the effective transfer to the Autonomous Community of the appropriations indicated, in accordance with the provisions of the General Budget Law, the Law of General budget of the State and other supplementary provisions.

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.

J) Effectiveness of transfers.

The transfer of powers and the transfer of resources covered by this agreement would be effective from 1 July 1982.

And for the record, we issued this certification in Madrid to July 19, 1982.-The Secretaries of the Joint Commission, J. E. D. G. and J. P. R.

* The inclusion of this relationship is omitted.

Certificate:

At the plenary session of the Commission held on 19 July 1982, agreement was adopted ratifying the proposal on transfers to the Autonomous Community of Galicia of the powers, functions and services in the field of fisheries in inland waters, shellfish and aquaculture approved by the plenary session of the Joint Committee on the Transfers of Agriculture Fisheries and Food, at its meeting on 16 July 1982, in the following terms:

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

The Constitution in Article 148 states that the Autonomous Communities may assume powers in respect of inland waters, shellfish and aquaculture, river hunting and fishing (11.a), and Article 149, reserve to the State exclusive competence on international relations (3.a), bases and coordination of the general planning of economic activity (13.a). For its part, the Statute of Autonomy of Galicia lays down in Article 27, which corresponds to the Galician Autonomous Community exclusive competence over fishing in the waters and other inland waters, shellfish, aquaculture, hunting, fishing river and lake (15.a).

On the basis of these constitutional and statutory provisions it is legally possible for the Autonomous Community of Galicia to have powers in the areas of inland waters, shellfish and aquaculture, and therefore, (a) to operate in this field already transfers of powers of such kind to the same.

Royal Decree 845/1981 of 8 May, and other supplementary provisions attribute to the Directorate-General for Fisheries Management the functions of the promotion, control and regulation of activities related to sea fishing, aquaculture and shellfish, as well as its expansion, protection and renovation.

As a result, it seems necessary and strictly legal to reach an agreement on the transfer of competences, in the areas indicated, to the Board of Galicia in order to fulfill the objectives of its creation and to enable the constitutional requirement of the territorial organization of the designed State.

B) Competences and functions assumed by the Autonomous Community, and identification of the services that are transferred.

1. They are transferred to the Autonomous Community of Galicia for execution in inland waters corresponding to their territorial scope, in the terms of this agreement and of the Decrees and other rules that make it effective and published in the State Officer >, the following competencies:

1. In the case of inland fishing, regarded as such in the inland waters of the territorial sea lines established by Royal Decree 2510/1977 of 5 August 1977 and pursuant to Article 27.15 of the Staff Regulations and 1413.111 of the Constitution, the Autonomous Community shall exercise the functions attributed to the Ministry of Agriculture, Fisheries and Food in this matter under Royal Decree 845/1981 of 8 May, and other complementary rules:

(a) Grant the authorisation for the exercise of the fishing activity.

b) Reglamenting the gear, instruments and fishing equipment.

c) To support the fishing zones, preparing specific regulations for each area.

(d) To fix the periods of closure, as well as the daily fishing activity schedule, the days of activity and the continued time of the arts, where appropriate.

e) Set the authorized species and set minimum sizes.

(f) Dictate the corresponding rules for regulating inspection and punishment without prejudice to the powers that the Navy is responsible for in relation to surveillance in inland waters.

g) Establish an official record of activities, means and persons, both physical and legal, dedicated to the exercise of fishing.

(h) Regular fishing activities of a recreational nature by recognizing the recreational fishing permits issued by the State Administration and other territorial entities, respecting the internal rules of the Autonomous Community of Galicia.

2. In the field of aquaculture and shellfish and in accordance with Article 27.15 of the Statute and 1481.11 of the Constitution, the Autonomous Community shall exercise the functions conferred on the Ministry of Agriculture, Fisheries and Food in this field under the Royal Decree 845/1981 of 8 May 1981 and other supplementary rules, without prejudice to the powers of the State Administration in the territorial sea, in accordance with the Constitution and the Statute of Autonomy of Galicia.

a) Grant concessions in accordance with basic State legislation and authorizations for:

-The exploitation of algae, molluscs and crustaceans, marine and marine crops.

-The installation of parks, floating nurseries, cetareans, mollusc treatment plants and other marine and marine crop establishments.

-The exercise of extractive activity in general.

b) Establish the parking of certain beaches and natural banks and fixing the quantities, closed and timetables.

c) Establish the authorized species and regulations of the different types of exploitation.

d) Declaration of areas of maritime and marine crops.

e) To dictate the corresponding rules for regulating the inspection and punishment without prejudice to the competences that, with respect to maritime surveillance, correspond to the Navy.

2. For the effectiveness of the competencies and functions carried out, the following services and institutions are transferred to the Board of Galicia, which receives the following services and institutions; as soon as they exercise the transferred functions:

None:

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 Agriculture, Fisheries and Food and will continue to be of their competence to be exercised by the same, the following functions and activities that you have legally attributed to:

International relations in the field of inland water fisheries. shellfish and aquaculture.

The Autonomous Community of Galicia will be able to attend and participate, within the Spanish delegation, in those technical meetings of an international nature when required.

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

They will be developed in coordination between the Ministry of Agriculture, Fisheries and Food and the Autonomous Community of Galicia, in accordance with the mechanisms that are indicated in each case, the following functions and competencies: common understanding shall be established for the appropriate mechanisms for the mutual exchange of information and support for the best exercise of the transferred functions.

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

None.

E) Staff assigned 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 continue with this membership, going on to depend on the Autonomous Community of Galicia, in the legally foreseen terms 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 Personal Registration number.

2. For the Undersecretary of the Ministry of Agriculture. The transfer shall be notified to the persons concerned by fisheries and food and other competent bodies. A copy of all the files of this transferred staff shall also be sent to the competent bodies of the Autonomous Community of Galicia. by the State Administration to modify the organic and budgetary templates according to the operated transfers.

G) Job vacancies that are moved

None.

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

I) Documentation and records of the services being transferred.

J) Date of effectiveness of transfers.

The transfers of powers and transfers of resources covered by this Agreement will be effective from 1 July 1982.

And for the record, we issued this certification in Madrid to July 19, 1982.-The Secretaries of the Joint Commission, J. E. D G. and J. P. R.

Certificate:

At the plenary session of the Commission held on 19 July 1982, agreement was adopted ratifying the proposal on transfers to the Autonomous Community of Galicia of the powers, functions and services of the Fishermen's co-fradies approved by the plenary session of the Joint Committee on the Transfers of Agriculture, Fisheries and Food, at its meeting on 16 July 1982, in the following terms:

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

The Statute of Autonomy for Galicia establishes in its article 27 that it corresponds to the Autonomous Community of Galician the exclusive competence on Cofradias de Pescadores 129).

On the basis of these constitutional and statutory provisions it is legally possible for the Autonomous Community of Galicia to have competence in the areas of Cofradías de Pescadores, and therefore it is necessary to operate in this field. transfers of powers of such kind to the same.

Royal Decree 670/1978 of 11 March, and other supplementary provisions attribute to the Maritime Fisheries Sub-Secretariat the organic relationship with the Fishermen and their federations.

As a result, it seems necessary and strictly legal to reach an agreement on transfers of competences, in the subjects indicated to the Board of Galicia in order to fulfill the objectives of its creation and to enable the constitutional requirement of the territorial organization of the designed State.

B) Competences and functions assumed by the Autonomous Community, and identification of the services that are transferred.

1. They transfer to the Autonomous Community of Galicia, 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 Journal of the State, the following competencies:

1. In the field of Fishermen's Cofradias and under Article 27.29 of the Staff Regulations:

The functions and powers conferred on the Ministry of Agriculture, Fisheries and Food under Royal Decree 670/1978 of 11 March, and the Ministerial Order of Transport and Communications of 31 August 1978, except for those specialties in the same provisions, which, in order to develop in a superior area to that of the Autonomous Community, remain the responsibility of the State Administration.

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

Consequently with the relationship of past competences; they will remain in the Ministry of Agriculture, Fisheries and Food and will continue to be of their competence to be exercised by the same, the following functions and activities that you have legally attributed to:

The functions and powers conferred on the Ministry of Agriculture, Fisheries and Food under Royal Decree 670/1978 of 11 March, and the Order of the Ministry of Transport and Communications of 31 August 1978, which are developed in a field higher than that of the Autonomous Community.

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

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

Between the Ministry of Agriculture, Fisheries and Food and the Autonomous Community of Galicia the appropriate mechanisms will be established to allow the mutual supply of the precise information, as well as to promote the Fishermen and their Federations the direct exchange of information with the Ministry of Agriculture, Fisheries and Food and the Board of Galicia, for the best exercise of their respective competences

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

None.

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

1. The staff assigned to the services and institutions transferred and who are nominally referred to in the attached relation number 2 * will continue with this membership, going on to depend on the Autonomous Community of Galicia, in the legally provided terms 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 Personal Registration number.

2. The transfer shall be notified to the persons concerned by the Secretariat of the Ministry of Agriculture, Fisheries and Food and other competent staff. A copy of all the files of this transferred staff shall also be sent to the competent bodies of the Autonomous Community of Galicia, with the aim of amending the organic and budgetary templates in the function of the operated transfers.

G) Job vacancies that are moved.

There is no.

H) Valuation of the financial burdens of the services transferred.

I) Documentation and records of the services being transferred.

J) Date of effectiveness of transfers.

The transfer of powers and the transfer of resources covered by this agreement will be effective from 1 July 1982. And for the record, we issued this certification in Madrid to July 19, 1982.-The Secretaries of the Joint Commission, J. E. D. G. and J. P. R.

* The inclusion of this relationship is omitted.

ANNEX II

Relationship of legal provisions affected by the transfer with expression of the subject matter, competence and disposition affected respectively

Agricultural extension and training. Decree 837/1972 of 24 March. Article 15 of Decree 2684/1971 of 5 November and other concordants.

Plant health. Article 5 of Decree-Law No 17/1971 of 28 October. Articles 2 (a) and 8 (2) of Decree 2201/1972 of 21 July 1972 and supplementary provisions.

Plant production. Articles 18, 19 and 20 of Decree 2684/1971 of 5 November and other concordants.

Animal production. Articles 19 and 21, 1 of Decree 2684/1971 of 5 November and other concordants.

Animal health. Article 22 of Decree 2684/1971 of 5 November and other concordants.

Ordering the offering. Article 1 of Royal Decree 844/1981 of 8 May and supplementary provisions.

Livestock development. Decree-Law 14/1969 of 11 July; Royal Decree 419/1979 of 13 February and concordant provisions.

Agricultural industries. Article 24 of Decree 2684/1971 of 5 November and concordant provisions.

Fishing in inland waters, shellfish and aquaculture. Article 3 of Royal Decree 845/1981 of 8 May and concordant provisions.

Fishermen's Cofradias. Royal Decree 670/1978 of 11 March 1978 and other concordants.