The Royal Decree thousand three hundred and eighty-five/thousand nine hundred and seventy-eight, of twenty-three of June, transferred to the Generality of Catalonia the competences of the State Administration in matters of urbanism.

The sixth transitional provision of the aforementioned Royal Decree empowers the Generality to propose to the Ministry of Public Works and Urbanism the necessary modifications of the composition of the Provincial Planning Commissions.

The Generality has made such a proposal by modifying the composition of the Provincial Planning Commission of Barcelona, taking into account the need for coordination with the various agencies of the State Administration, the peculiar characteristics of the situation of the urban administration in Catalonia and the distribution of the responsibilities deriving from the transfer of competences in matters related to urban planning.

Since the regulation of the Provincial Commission of Urbanism of Barcelona is contained in the Decree-Law five/thousand nine hundred and seventy-four, of twenty-four of August, its modification has to be made by norms of equal range. This is expressly stated by the State Council, whose opinion has also been followed in the drafting of the text of this provision.

In its virtue, after deliberation of the Council of Ministers at its meeting of the twentieth day of February of a thousand nine hundred and seventy-nine, in use of the authorization contained in the article eighty-six of the Constitution,

DISPONGO:

Article first.

The Provincial Planning Commission of Barcelona, which, according to the provisions of the fifth article of the Royal Decree thousand three hundred and eighty-five/thousand nine hundred and seventy-eight, of twenty-three June, depends on the Generality of Catalonia, will have the following composition:

One. President: A Counsellor, appointed by the President of the Generality of Catalonia.

Two. A Vice President, designated by the Generality of Catalonia, who will act as President in the absence of the holder or by delegation of the holder.

Three. Vowels:

(a) A representative of the Ministry of Public Works and Urbanism and two representatives of the Ministries of Defense, Finance, Education and Science, Agriculture, Commerce and Tourism, Transport and Communications, Health and Safety Social or Culture, as determined by the President on the grounds of the cases on the agenda.

b) The Mayor of the City Hall of the provincial capital.

c) Three more elected mayors from among and by the mayors of the municipal municipalities and according to the procedure indicated by the Executive Council of the Generality.

d) The Presidents of the existing Metropolitan Entities in the province.

e) The Director of the Technical Ponance of the Commission.

(j) Three free designation by the President of the Commission, among persons of accredited competence among any of the specialties linked to territorial politics, urbanism and conservation of the natural heritage, residences in the respective province.

Four. The Secretary, who shall act with a voice and without a vote, shall be appointed by the President of the Commission from among the officials assigned to the Generality.

Five. They shall act as rapporteurs for the members of the Technical Ponance referred to in Article 5 (1) (b) and (c), who shall attend the sessions with a voice and without a vote.

Article 2.

When the order of the day of the Commission includes the consideration of the definitive resolution of the file concerning the General Plan of Management, Subsidiary Norm or Delimitation of Urban Soil of a municipal term, it will be convened at the plenary session of the Commission by the Mayor concerned, who may be assisted in the plenary session by any person appointed by it. Mayors called on in accordance with this rule will only have a voice for the topic for which they have been called.

Third item.

One. The President or the Commission, acting by a majority of assistants, and on a proposal from any of its members, may request the assistance of the provincial and local authorities, of the technical officials who are dependent on them, of representatives of special urban entities and of Corporations, Entities and Associations, for the best advice of the Commission. They will all have a say and no vote.

Two. In order to report on matters relating to the Commission, the President may request the assistance of the representatives of the Ministries concerned by the matter in question. Those representatives may also request, in the same cases, to attend the meetings of the Commission.

Article 4.

One. For the examination and preparation of the relevant proposal for the resolution of the dossiers to be submitted to the Commission in matters of its competence, a Technical Paper shall be established.

Two. The report of the Technical Ponance shall be preliminary and mandatory, except as a matter of urgency appreciated by the Commission with a favourable vote of two-thirds of the number of members present and, in any case, of the absolute legal majority of its members. members.

Article 5.

One. The Technical Ponance shall be as follows:

(a) The Vice-President of the Commission, who will act as President of the Commission.

(b) The Director of Technical Ponance appointed by the President of the Commission, who shall direct and coordinate the actions of the Commission.

c) Three representatives of the Ministry of Generality.

d) Five representatives from the Ministries of Defense, Finance, Public Works and Urbanism, Transport and Communications and Culture.

e) Five members appointed by the President of the Commission among persons of accredited competence residing in the province, three of which will be proposed by official Colleges of professions related to the policy territorial and urban planning.

(f) A Secretary, appointed by the President of the Commission from among the officials assigned to the Generality.

Two. The Commission may also appoint, by a majority of assistants and on a proposal from the President or any of its Vocals, other members for Technical Ponance. This incorporation may, in each case, be limited both in terms of the time or period of designation and in the light of the subjects to be dealt with, and may therefore be as generic or specific as the Commission itself determines. The Commission may, at any time, leave the designations made without effect.

Article 6.

The operation, calls, meetings and arrangements for the adoption of agreements of the Provincial Planning Commission of Barcelona will be regulated by the Law of Administrative Procedure for the organs collegiates.

FINAL PROVISIONS

First.

This Royal Decree-Law shall enter into force on the day following that of its publication in the "Official Gazette of the State", and shall constitute the new Provincial Commission within the maximum period of thirty days from this date.

Second.

The Government is empowered to amend by Royal Decree the composition, structure and functions of the Provincial Planning Commission of Barcelona.

Third.

The Generality of Catalonia is authorized to dictate the organic provisions necessary for the execution, development and fulfillment of this Royal Decree-Law.

Fourth.

Article fifteen of the Decree-Law five/thousand nine hundred and seventy-four are repealed, of 24 August; the Decree three thousand two hundred and eighty/one hundred and seventy-four, of twenty-eight November, and, in As a general rule, the provisions of this Royal Decree-Law, without prejudice, in any case, to the urban competences of the Metropolitan Corporation of Barcelona, which remain in force.

Given in Madrid to twenty February thousand nine hundred and seventy nine.

JOHN CARLOS R.

The President of the Government,

ADOLFO SUAREZ GONZALEZ