the Royal Decree-Law twenty/thousand nine hundred and seventy-eight, of thirteen of June, for which the pre-autonomous regime was established for the General Council of Castilla-Leon prior to the transfer of functions and services of the State administration to its corresponding governing bodies.

On the other hand, the Royal Decree two thousand nine hundred and seventy/thousand nine hundred and eighty, of twelve December, regulates the transfer of services of the State Administration to the Preautonomic Entes, and the Royal Decrees two thousand nine hundred and sixty-eight/thousand nine hundred and eighty, twelve December, and two thousand three hundred and fifty-one/thousand nine hundred and eighty-one, of eighteen September, modified the functioning and composition of the Joint Committees of Transfers to the Preautonomic Entes.

In accordance with the provisions of the Royal Decree two thousand nine hundred and sixty-eight/thousand nine hundred and eighty, of 12 December, the Joint Committee on the Transfers of Health and Consumer Affairs created by Ministerial Order of 5 May of a thousand nine hundred and eighty-two, after considering the desirability of homogenizing the processes of transfer to the Preautonomic Entes in matters of market discipline, as well as the need to complete the transfers so far made, adopted at its meeting of the thirteenth of July of a thousand nine hundred and eighty two the opportune Agreement that the Government approves under this Royal Decree.

In its virtue, making use of the authorization contained in the sixth, C, and final disposition of the Royal Decree-law twenty/thousand nine hundred and seventy-eight, of thirteen of June, upon acceptance of the General Council of Mr Castilla-León, on a proposal from the Ministers for Health and Consumer Affairs. Economy and Trade and Territorial Administration, and after deliberation by the Council of Ministers at its meeting on the twenty-third of July of a thousand nine hundred and eighty-two, I have:

Article 1. -- The proposal for the transfer of powers, functions and services of the State Administration to the General Council of Castilla-Leon, in the field of market discipline, prepared by the Commission, is approved. Mixed. e Transfers of Health and Consumer Affairs, as well as the transfer of the personal, budgetary and economic resources necessary for the exercise of those.

Article 2.-One. Consequently, the powers referred to in the agreement included as Annex I to this Royal Decree and transferred to the Services and the Institutions and the Institutions are transferred to the Ente Preautonomico General Council of Castilla-Leon. goods. rights and obligations, as well as the staff and budgetary appropriations contained in the relations numbers one to three attached to the Joint Committee's own agreement as indicated in the terms and conditions specified therein.

Two in Annex II to this Royal Decree the legal provisions affected by the present transfer are collected

Article 3. -- These transfers will be effective from the date indicated in the agreement of the Joint Committee on Transfers.

FINAL PROVISIONS

First. -- One. When for the exercise of some 145 powers transferred to the General Council of Castilla-Leon by this Royal Decree is required the opinion of the State Council, the request of the same will be agreed by the Preautonomic Ente requested by the Ministry specifically responsible for the matter in question, who will require the State Council to issue it. The same procedure will be followed when the aforementioned Preautonomic Ente agrees to voluntarily hear the Council of State on any file.

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

Second. -- Without prejudice to the application of the regulatory legislation of the subject matter of transfer by the present Royal Decree, the legal regime of the acts of the General Council of Castilla-Leon will be accommodated In Law thirty-two/thousand nine hundred and eighty-one, of ten of July, in the Law of Legal Regime of the State Administration and in the Law of Administrative Procedure.

Third. -- The delivery of documentation and files in the processing of the services transferred, as well as the resolution of these and the processing and resolution of the administrative resources against acts of the State Administration shall be carried out in accordance with the provisions of the second article of the Royal Decree two thousand nine hundred and seventy thousand nine hundred and eighty, of December 12.

Fourth. -- The General Council of Castilla-Leon will organize the precise services and distribute among the corresponding organs the competences that are transferred to it by the present Royal Decree, publishing the corresponding agreements in the Official Journal of the State and in that of the Ente.

Fifth.-By order of the Presidency of the Government, on a proposal from the Ministries of Health and Consumer Affairs, Economic and Trade and Territorial Administration, in any case, the precise provisions for the development and the implementation of this Royal Decree.

Sixth. -- The budget appropriations that are detailed in the three-point ratio, as effective casualties 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 Chapters IV and VII of Section 30 and two, intended to finance the services assumed by the Preautonomic Entes and Autonomous Communities, once which are referred to the Department by the Budget Office of the Ministry of Economy and Trade credit retention certificates accompanied by a brief report of the Office to comply with the provisions of Annex I, first subparagraph (A), point two of the General Budget Law for a thousand nine hundred and eighty-two.

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

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

ANNEX L

Don F. H. S., Secretary of the Joint Committee on Health and Consumer Affairs. certifies:

That at the plenary session of the Commission, held on 13 July 1932, was adopted on transfers to the Ente Preautonomic General Council of Castilla-Leon on the powers, functions and services of the market discipline, in the following terms:

A) Legal provisions of reference. -- Royal Decree Law 20/1978 of 13 June, establishing the autonomous regime for Castilla y León prior to the transfer of functions and services of the administration of the State to its corresponding governing bodies.

Decree 3052/1 6 of 17 November on infringements and administrative penalties in the field of market discipline and other supplementary provisions attribute to certain bodies of the State Administration (a) powers on that matter with the aim, inter alia, of defending the interests of the consumer.

As a result, it seems necessary, and it is strictly legal to reach an agreement on the transfer of powers in the area indicated, to the General Council of Castilla-Leon, in order to achieve the objectives of its creation.

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

1. They are transferred to the General Council of Castilla-León, within its territorial scope and in the terms of this agreement, the execution of the following competencies and functions in the field of market discipline:

(a) The powers conferred on the State Administration by Decree 3052/1966 of 17 November 1966 and other supplementary rules with the exceptions and exceptions specified below.

(b) Information relating to. research. inspection, opening and processing of the relevant files, in the case of the infringements specified in Articles 3.1, 3.9, 3.10, 3.12, 3.13, 3.14, 3.15, 3.13 and 3.17 of the said Decree.

(c) In the cases referred to in the previous paragraph, they shall also exercise, by delegation, the power of sanction in respect of penalties for minor offences or for an amount not exceeding 500,000 pesetas, in the case of serious misconduct.

d) In the remaining cases of infringements referred to in the rules on market discipline, the State Administration in the Preautonomic Ente referred to above, the powers conferred on its peripheral bodies in the field of information, research, inspection, opening and processing of files and sanctioning powers.

(e) The sanctioning powers recognized in the Preautonomic Ente in the preceding paragraphs shall be exercised by the same whenever the infractions are consumed in their territorial scope and are committed by natural persons or legal domicile in the same.

2. For the effective implementation of the competences and functions that are transferred, they are transferred to the General Council of Castilla-Leon within its territorial scope, the Provincial Headquarters of Internal Trade.

C) Competences, services and functions reserved by the State Administration. -- Consequently with the relationship of past competences. remain in the central government of the State and remain within its competence to be exercised by the same functions and activities as they have attributed and perform the services cited:

(a) The initiation of the relevant file and the exercise of the sanctioning power when the alleged infringer has his or her domicile outside the territory of the Ente Prautonomico.

b) to exercise the power of sanction in the cases referred to in point B (b), without prejudice to the delegation provided for in paragraph (c) thereof.

(c) Preserve the free movement throughout the Spanish territory of goods and services by means of the monitoring and control, where appropriate, of the exercise of the powers transferred or delegated under this Regulation agreement.

d) Establish the planning and coordination of the inspector activity.

e) To solve the resources that are presented against resolutions sanctioning the Preautonomic Ente in matters of market discipline.

f) To obtain in specific cases, the minutes, files and measures practiced, as well as to continue their development or to exercise for themselves the functions that are delegated prior communication to the Preautonomic Ente.

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

D) Functions in which the State Administration and the General Council of Castilla-Leon are to participate and form of cooperation.-They will be developed in coordination between the Ministry of Health and Consumer Affairs and the General Council of Castilla Lion in accordance with the mechanisms that are indicated in each case, the following functions and competencies:

(a) The Preautonomic Ente referred to in this Agreement shall exercise the powers transferred or delegated in harmony with the general planning of the Ministry of Health and Consumer Affairs and shall provide this information to the Ministry of Health in relation to all of these matters for the purposes of information and coordination

(b) The Preautonomic Ente shall, with its report to the Ministry of Health and Consumer Affairs, transmit to the Ministry of Health and Consumer Affairs the resources to be filed against its sanctioning resolutions in the field of market discipline.

(c) In cases where the infringements are not consumed in the territorial scope of the Preautonomic Ente referred to in this Agreement or those relating to natural or legal persons not domiciled in the same, the Ente shall (a) to be prohibited in favour of the competent bodies of the central government of the State before issuing the agreement to initiate the relevant file, and to refer to the Ministry of Health and Consumer Affairs how much data, background and information in his power.

d) The Research and Quality Control Center will continue to provide free services for analysis related to the subjects that are transferred according to the programming regime that is established.

E) Goods, rights and obligations of the State that are transferred. -- The General Council of Castilla-León, the goods, rights and obligations of the State that are collected in the attached relationship number 1 *, are transferred in the terms and subject to the formalities laid down in Law 32/1 31 of 10 July and Article 10 of Royal Decree 2570/1980 of 12 December 1980.

F) Personnel assigned to the Services and Institutions that are transferred. -- Staff assigned to the Services and Institutions transferred and referred to in the attached relationship number 2 * will continue with this membership depend on the General Council of Castilla-León, in the legally provided terms of the rules in each applicable case.

By the Undersecretary of the Ministry of Economy and Trade or other competent bodies in the field of personnel, the persons concerned shall be notified of the transfer. A copy of all the files of this transferred staff will also be sent to the competent bodies of the General Council of Castilla-Leon.

G) Job vacancies that are filled in. -- The job vacancies that are moved are the ones that are detailed in the 2.2 * relationship.

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

1. The effective cost of the payment of the Expenditure Budget for 1981 corresponds to the services transferred by the present Royal Decree to the Preautonomic Ente General Council of Castilla-León, which is provisionally increased to 95 903 000 pesetas. in detail in relation to the ratio 3.1.

The definitive calculation of the effective cost must have been completed, with the prior acceptance of the Preautonomic Ente, before 1 November of the current year.

2. The financial resources intended to cover the costs incurred in the performance of the services carried over during the year 1932, including the following allocations:

Budget allocations for cash cost coverage (its detail appears in the ratio 3.2 *), 5.412,300 pesetas.

I) Date of effectiveness of transfers.-Transfers of powers and transfers of means covered by this agreement shall be effective from 1 July 1982.

And for the record, I request this certification in Madrid, on July 13, 1982.-The Secretary of the Joint Commission, F.H.S.

* The inclusion of this relationship is omitted.

ANNEX II

Legal provisions affected

Decree 3052/1966 of 17 November on the recasting of provisions for administrative infringements and penalties for market discipline.

Decree 1552/1974 of 31 May on tests, presumptions and procedural rules on market discipline.

Royal Decree 2530/1976 of 8 October on the limitation of the infringements and the expiry of the procedure in the field of market discipline.