Generalitat de Catalunya

access to the news
access to the menu
Statute of Autonomy of Catalonia 2006
La Generalitat a gencat.

Title IV. Powers (articles 110-173)



 
 

Chapter I. TYPES OF POWER



ARTICLE 110. EXCLUSIVE POWERS
  1. In matters in which the Generalitat has exclusive power, legislative power, regulatory power and the executive function correspond fully to the Generalitat. The exercise of these powers and functions, by means of which it may establish its own policies, is the exclusive right of the Generalitat.
  2. In matters regarding the exclusive power of the Generalitat, Catalan law is applicable in its territory and shall prevail over any other.

ARTICLE 111. SHARED POWERS

In matters in which the Estatut attributes powers to the Generalitat which are shared with the State, legislative power, regulatory power and the executive function are the responsibility of the Generalitat, within the framework of the basic conditions established by the State as principles or lowest common legislative denominators in rules of legal rank, with the exception of those circumstances determined by the Constitution and this Estatut. The Generalitat may establish its own policies in the exercise of these powers. Parliament shall implement and specify said basic provisions by means of a law.

ARTICLE 112. In matters in which the Generalitat has executive powers, the Generalitat has regulatory power, which includes the power to approve provisions for execution of State rules, and also the executive function, which in all cases includes the power to organise its own administration and, in general, all the functions and activities that the system attributes to the Public Administration.

In matters in which the Generalitat has executive powers, the Generalitat has regulatory power, which includes the power to approve provisions for execution of State rules, and also the executive function, which in all cases includes the power to organise its own administration and, in general, all the functions and activities that the system attributes to the Public Administration.

ARTICLE 113. POWERS OF THE GENERALITAT AND EUROPEAN UNION RULES

The Generalitat has the authority to enact, apply and implement European Union rules when these affect its powers, under the terms established in Title V.

ARTICLE 114. PROMOTIONAL ACTIVITY
  1. The Generalitat has the authority to carry out promotional activities in matters within its power. To this end, the Generalitat may grant subsidies from its own funds.
  2. In matters where the Generalitat has exclusive power, the Generalitat has the authority to specify the purpose for which territorialisable subsidies from the State and from European communities are used, and also to regulate the conditions for their assignment and management, including administration and award.
  3. In matters where power is shared, the Generalitat has the authority to specify, in the form of a regulation, the purpose for which territorialisable subsidies from the State and from European communities are used, and also to complete the regulation of the conditions for their assignment, including administration and award.
  4. In matters where the Generalitat has executive power, the Generalitat has authority to manage territorialisable subsidies from the State and from European communities, including their administration and award.
  5. The Generalitat shall participate in determining the non-territorialisability of subsidies from the State and European communities. Similarly, it shall participate, under the terms established by the State, in the management and administration of these subsidies.

ARTICLE 115. TERRITORIAL SCOPE AND EFFECTS OF POWERS
  1. The area of application of the powers of the Generalitat is the territory of Catalonia, except in the cases referred to by this Estatut and other legal regulations establishing the extraterritorial applicability of the provisions and actions of the Generalitat.
  2. In matters where the object of its powers extends beyond the territory of Catalonia, the Generalitat exercises its powers over the part of this object within its territory, without prejudice to the collaboration instruments established with other territorial bodies, or, in a subsidiary way, to the coordination by the State of the affected autonomous communities.

Chapter II. MATTERS OF POWERS



ARTICLE 116. AGRICULTURE, LIVESTOCK FARMING AND FORESTRY
  1. While respecting the provisions established by the State in exercise of the powers attributed to it by Article 149.1.13 and 16 of the Constitution, the Generalitat has exclusive power over agriculture and livestock farming. This power includes in any case:
    1. Regulation and development of agriculture, livestock farming and the food industry.
    2. Regulation and implementation of quality, traceability and requirements for agricultural and livestock farming products, and also the fight against fraud in the sphere of food production and sale.
    3. Regulation of participation of agricultural and stockbreeding organisations and agrarian chambers in public bodies.
    4. Plant and animal health, in those cases where there are no effects on human health, and the protection of animals.
    5. Seeds and seedbeds, in particular in all matters relating to genetically modified organisms.
    6. Regulation of production processes, cultivation, agricultural structures, and their corresponding legal systems.
    7. Integrated development and protection of the rural community.
    8. Research, development, technology transfer, innovation in cultivation, agriculture and food companies, and training in these areas.
    9. Trade fairs and agricultural, forestry and livestock shows.
  2. The Generalitat has shared power for:
    1. The planning of agriculture and livestock farming and the food sector.
    2. The regulation and system of administrative intervention and uses of forests, forest exploitations and forestry services and drove roads of Catalonia.

ARTICLE 117. WATER AND HYDRAULIC WORKS
  1. The Generalitat has exclusive authority in matters concerning water pertaining to intra-community basins, which includes in any case:
    1. Administrative organisation, planning and management of surface and underground water, the uses and exploitations of water and also hydraulic works that are not qualified as being of general interest.
    2. Planning and adoption of measures and specific instruments for the management and protection of water resources and aquatic and water-associated terrestrial ecosystems.
    3. Extraordinary measures, when required, to guarantee water supply.
    4. Organisation of water administration in Catalonia, including user participation.
    5. Regulation and implementation of activities related to land consolidation and irrigation works.
  2. In the terms established by State legislation, the Generalitat shall have executive powers concerning public water resources and works of general interest. In the same terms, the Generalitat shall participate in planning and programming works of general interest.
  3. The Generalitat participates in hydrological planning and in the State bodies managing water resources and harnessing resources in intra-community basins. The Generalitat, within its territorial area, has executive power over:
    1. Adoption of additional protection and sanitation measures for water resources and aquatic ecosystems.
    2. Execution and exploitation of State-owned works, where established by agreement.
    3. The policing powers concerning public water resources assigned by State legislation.
  4. The Generalitat shall issue a mandatory report on all proposals for transfer from basins which imply a modification of water resources in its territory.
  5. The Generalitat participates in hydrological planning for water resources and water exploitation installations located in Catalan territory or those of territories outside the Spanish State that terminate in Catalonia, in accordance with the mechanisms established in Title V and participates in the execution of said planning in the terms established by State legislation.

ARTICLE 118. ASSOCIATIONS AND FOUNDATIONS
  1. While respecting the basic conditions established by the State to guarantee equality in the exercise of law and the reservation to organic law, the Generalitat has exclusive power over the legal system of the associations that carry out their functions mainly in Catalonia. This power includes in any case:
    1. Regulation of the forms of association, denomination of associations, aims, constitution requirements, amendment, dissolution and liquidation, of content of the articles of association, governing bodies, rights and obligations of members, and of the obligations of associations and of associations of a special nature.
    2. Determination of tax benefits for associations and the system for their application, as established by tax rules, and also declaration of public utility, the contents and requirements for obtaining this.
    3. The register of associations.
  2. The Generalitat has exclusive power over the legal system of foundations that carry out their functions mainly in Catalonia. This power includes in any case:
    1. Regulation of the modalities of foundation, of denomination of foundations, of the aims and beneficiaries of the foundation; of funding capacity; of requirements for constitution, amendment, dissolution and liquidation; of the articles of association; of the endowment and foundation system in the process of formation; of the board of trustees and supervisory body, patrimony, and the economic and financial system.
    2. Determination of tax benefits for foundations and the system for their application as established by tax rules.
    3. The registry of foundations.
  3. The Generalitat has the authority to set the criteria for, regulate the conditions of, and to implement and control public grants to associations and foundations.

ARTICLE 119. HUNTING, FISHING, MARITIME ACTIVITIES AND ORGANISATION OF THE FISHING SECTOR
  1. The Generalitat has exclusive power over hunting and river fishing, which includes in any case:
    1. Planning and regulation.
    2. The regulation of the system for administrative intervention in hunting and fishing, of supervision, and of hunting and fishing uses.
  2. The Generalitat has exclusive power over sea and recreational fishing in continental waters, and also over regulation and management of fish stocks and delimitation of protected areas.
  3. The Generalitat has exclusive power over maritime activities, including in any case:
    1. Regulation and management of shellfish and fish farming and the establishment of requirements for the practice of these activities, and also the regulation and management of resources.
    2. The regulation and management of installations intended for these activities.
    3. Professional diving.
    4. Training and certification in matters of leisure activities.
  4. The Generalitat has shared power over planning of the fishing sector. This power includes, in any case, the organisation and administrative implementation measures in regard to the professional requirements for fishing activities, the construction, safety and official registry of vessels, fishing associations and fish markets.

ARTICLE 120. SAVINGS BANKS
  1. The Generalitat has exclusive power over regulation of the organisation of savings banks whose headquarters are in Catalonia, while respecting State provisions established in exercise of the powers attributed to it by Article 149.1.11 and 13 of the Constitution. This power includes in any case:
    1. Determination of governing bodies and the manner in which the different social interests are represented on them.
    2. The legal status of governing body members and other posts in savings banks.
    3. The legal system governing creation, mergers, liquidation and registration.
    4. Exercise of administrative powers in relation to any foundations they might create.
    5. Regulation of groups of savings banks with registered headquarters in Catalonia.
  2. In matters concerning savings banks whose headquarters are in Catalonia, the Generalitat has shared power over financial activity, in accordance with the principles, rules and minimum standards established by the State basic law, which includes, in any case, regulation of the distribution of surplus and of the social activities of savings banks. Similarly, the Generalitat shall monitor the process of issuing and distributing owner share titles, with the exception of those aspects relating to the system for public offerings, purchase of securities and admission to negotiation, to financial stability and to solvency.
  3. In matters concerning saving banks whose headquarters are in Catalonia, the Generalitat has shared power over their discipline, inspection and sanctioning. This power includes in any case the establishment of additional infractions and sanctions in the sphere of its powers.
  4. The Generalitat, in keeping with the provisions of State legislation, collaborates in the inspection and sanctioning of savings banks whose headquarters are in Catalonia implemented by the Ministry of the Treasury and the Bank of Spain.

ARTICLE 121. TRADE AND TRADE FAIRS
  1. The Generalitat has exclusive power in matters of trade and trade fairs, including the regulation of non-international trade fair activities and the administrative planning of trading activity, which includes in any case:
    1. Determination of the administrative conditions for exercising the activity and the locations and establishments which comply and the administrative regulation of electronic commerce or of commerce by any other medium.
    2. Administrative regulation of all forms of sales and supply in relation to commercial activity, and promotional sales and sale at loss.
    3. Regulation of trading hours, while respecting the constitutional principle of market unity.
    4. Classification and territorial planning of commercial facilities and regulation of the requirements and the system for installation, extension and change of activity of the said commercial facilities.
    5. Establishment and implementation of norms and quality standards related to commercial activity.
    6. Adoption of administrative policing measures in relation to market discipline.
  2. The Generalitat has exclusive power in matters of international trade fairs held in Catalonia. This power includes in any case:
    1. Authorisation and declaration of an international trade fair.
    2. Promotion, management and coordination.
    3. Inspection, evaluation and accountability.
    4. Establishment of internal regulations.
    5. Appointment of a delegate to the management body for each trade fair.
  3. The Generalitat collaborates with the State in establishing a calendar of international trade fairs.

ARTICLE 122. POPULAR CONSULTATION

The Generalitat has exclusive power over the establishment of the legal system, the modalities, the procedure, the implementation and the calling, whether by the Generalitat or by local bodies, acting within their jurisdiction, of public opinion polls, public hearings, participation forums and any other instruments of popular consultation, with the exception of those provided for by Article 149.1.32 of the Constitution.

ARTICLE 123. CONSUMER AFFAIRS

The Generalitat has exclusive power in matters of consumer affairs. This power includes in any case:
    1. Defence of consumers' and users' rights, as proclaimed in Article 28, and the establishment and application of administrative procedures for complaints and claims.
    2. Regulation and promotion of consumer and user associations, and of their participation in any procedures and matters which affect them.
    3. Regulation of mediation bodies and procedures in matters of consumer affairs.
    4. Consumer training and education.
    5. The regulation of information regarding consumers and users.

ARTICLE 124. COOPERATIVES AND THE SOCIAL ECONOMY
  1. The Generalitat has exclusive power over matters affecting cooperatives.
  2. The power which Section 1 refers to includes the organisation and functioning of cooperatives, which includes in any case:
    1. Their definition, denomination and classification.
    2. Criteria for the establishment of registered offices.
    3. Criteria governing operation.
    4. Requirements for constitution, modification of articles of association, mergers, splits, transformation, dissolution and liquidation.
    5. Qualification, registration and certification in the corresponding registry.
    6. The rights and obligations of members.
    7. The economic system and company documentation.
    8. Conciliation and mediation.
    9. Cooperative groups and forms of economic cooperation for cooperatives.
  3. The power referred to in Section 1 above includes in any case regulation and promotion of the cooperative movement especially to promote forms of participation in companies, access of workers to the means of production, and social and territorial cohesion. Regulation and promotion of the cooperative movement includes:
    1. The regulation of cooperative associations.
    2. Cooperative education and training.
    3. Establishment of criteria, the regulation of requirements, and the execution and control of public subsidies to cooperatives.
  4. The Generalitat has exclusive power over the promotion and organisation of the social economy sector.

ARTICLE 125. PUBLIC LAW CORPORATIONS AND CERTIFIED PROFESSIONS
  1. The Generalitat has exclusive power over matters affecting professional associations, academies, chambers of agriculture, chambers of commerce, industry and navigation, and other public law corporations representing economic and professional interests, with the exception provided for by Sections 2 and 3. While respecting the provisions of Articles 36 and 139 of the Constitution, this power includes in any case:
    1. Regulation of the internal organisation, functioning, and economic, budgetary and accounting system, and also of the system of association and membership, the rights and obligations of members, and the disciplinary system.
    2. The creation and attribution of functions.
    3. Administrative supervision.
    4. The electoral system and electoral procedures applicable to the election of the corporation members.
    5. Determination of territorial limits and possible grouping within Catalonia.
  2. The Generalitat has shared power over definition of the corporations referred to in Section 1 above, and over the requirements for their creation and for membership.
  3. In the case of a previous agreement between the Generalitat and the State, the chambers of commerce, industry and navigation may carry out activities in relation to foreign trade for which they may allocate chamber resources.
  4. While respecting the general rules on academic and professional qualifications and the provisions of Articles 36 and 139 of the Constitution, the Generalitat has exclusive power over the exercise of certified professions, which includes in any case:
    1. Determination of the requirements and conditions for practice of certified professions, and also the rights and obligations of certified professionals and of the system of incompatibilities.
    2. Regulation of administrative guarantees against practice without proper qualifications and irregular activities, and also regulation of mandatory professional service provision.
    3. The disciplinary system for the practice of certified professions.

ARTICLE 126. CREDIT, BANKS, INSURANCE AND MUTUAL BENEFIT SOCIETIES NOT INCLUDED IN THE SOCIAL SECURITY SYSTEM
  1. The Generalitat has exclusive power over the structure, organisation and functioning of mutual pension societies not included in the social security system.
  2. The Generalitat has shared power over the structure, organisation and function of credit entities which are not savings banks, of credit cooperatives and pension plan and fund management entities and of physical and legal entities operating in the insurance market other than those referred to in Section 1, in accordance with the principles, rules and minimum standards established by the State basic law.
  3. The Generalitat has shared power over the activity of the entities referred to in Sections 1 and 2. This power includes the regulated implementation acts attributed to it by State legislation.
  4. The Generalitat has shared powers over discipline, inspection and sanction of the entities referred to in Section 2 above.

ARTICLE 127. CULTURE
  1. The Generalitat has exclusive power over cultural matters. This exclusive power includes in any case:
    1. Artistic and cultural activities carried out in Catalonia, including:
      First. Measures related to the production and distribution of books and periodical publications in all forms, and management of copyright and the granting of identification codes.
      Second. Regulation and inspection of cinemas, protection measures for the film industry, and control over and award of dubbing licences to distribution companies whose headquarters are in Catalonia.
      Third. Rating of films and audiovisual material according to age and cultural values.
      Fourth. Promotion, planning, construction and management of cultural facilities located in Catalonia.
      Fith. Establishment of tax incentive measures for those cultural activities over which the Generalitat has regulatory authority regarding taxes.
    2. Cultural heritage, including in any case:
      First. Regulation and execution of measures aimed at guaranteeing the enrichment and dissemination of the cultural heritage of Catalonia, and at facilitating access to it.
      Second. Inspection, inventory-keeping and restoration of architectural, archaeological, scientific, technical, historical, artistic, ethnological and general cultural heritage.
      Third. Establishment of the legal system for activities in relation to movable and unmovable assets that form part of the cultural heritage of Catalonia, determination of the legal system affecting unmovable assets, and declaration and management of these assets, with the exception of those in the ownership of the State.
      Fourth. Protection of the cultural heritage of Catalonia, which includes conservation, repair, supervision and control of assets, without prejudice to the State authority for the defence of assets comprising this cultural heritage against exportation and plundering.
    3. Archives, libraries, museums and other cultural heritage centres not owned by the State, including in any case:
      First. Creation, management, protection and establishment of the legal system concerning the centres that integrate the archive and library system, the museums, and other cultural heritage centres.
      Second. Establishment of the legal system of documentary, bibliographical and cultural assets stored in these centres.
      Third. The conservation and recovery of assets that form part of the Catalan bibliographic and documentary heritage.
    4. The promotion of culture, including:
      First. Promotion and dissemination of theatrical, musical, audiovisual, literary, dance, circus and combined-art creations and productions carried out in Catalonia.
      Second. Promotion and dissemination of the cultural, artistic and monumental heritage and cultural heritage centres in Catalonia.
      Third. The international projection of Catalan culture.
  2. The Generalitat has executive power over archives, libraries, museums and cultural heritage centres owned by the State and located in Catalonia and whose management the State does not reserve for itself. This power includes in any case the regulation of their functioning, organisation and staffing system.
  3. In actions carried out by the State in Catalonia in matters of investment in cultural assets and equipment, previous agreement is required with the Generalitat. In the case of activities carried out by the State in relation to the international projection of culture, the Government of the State and the Government of the Generalitat shall articulate formulas for mutual collaboration and cooperation, in accordance with the provisions of Title V of this Estatut.

ARTICLE 128. GEOGRAPHICAL AND QUALITY DENOMINATIONS AND INDICATIONS
  1. The Generalitat, while respecting the provisions of Article 149.1.13 of the Constitution, has exclusive power over denominations of origin and other quality indications, including the legal system covering their creation and functioning, which also includes:
    1. Determination of possible levels of protection for products, their associated system and requirements, and the rights and obligations arising from them.
    2. Ownership of the denominations, while respecting industrial property legislation.
    3. Regulation of forms and requirements for production and sale of corresponding products, and the applicable sanction system.
    4. The system of administrative organisation of denominations of origin, or indications of quality, regarding both management and control of production and sale.
  2. The power referred to in Section 1 above includes recognition of denominations or indications, approval of the regulations, and all the administrative powers of management and control over activities in relation to denominations or indications, especially those deriving from possible administrative supervision of the denomination bodies and from the exercise of sanctioning powers in relation to infractions of the denomination system.
  3. Should the territory of a denomination of origin extend beyond Catalan borders, the Generalitat exercises its functions of management and control over the activities of the denomination bodies for land and facilities located in Catalonia, under the terms established by law. The Generalitat participates in the denomination bodies and in the exercise of their management powers.
  4. In its territory, the Generalitat exercises the obligations of protection resulting from the recognition by the Generalitat itself of a denomination of origin or of a protected geographical indication. The corresponding authorities collaborate in the protection of Catalan geographical and quality denominations outside Catalan territory and before the corresponding European and international protection institutions.

ARTICLE 129. CIVIL LAW

The Generalitat has exclusive power in matters of civil law, with the exception of those matters which Article 149.1.8 of the Constitution attributes to the State in any case. This power includes determination of the system of sources of the civil law of Catalonia.

ARTICLE 130. PROSECUTION LAW

The Generalitat has authority to dictate the specific prosecution rules resulting from the particular nature of substantive law in Catalonia.

ARTICLE 131. EDUCATION
  1. The Generalitat has exclusive power, in non-university education, over post-compulsory teaching that does not lead to academic or professional certification valid in all the State, and over the educational centres in which this teaching is carried out.
  2. The Generalitat has exclusive power in non-university education, in relation to compulsory and non-compulsory subjects that lead to an academic or professional qualification valid in all the State and in relation to infant education, including:
    1. Regulation of participative and consultative bodies of the sectors involved in educational planning in its territory.
    2. Determination of the educational content of the first cycle of infant education and the regulation of the centres is which this cycle is taught, and also definition of the staffing arrangements and the qualifications and specialisations of the other staff.
    3. Creation, organisational development and the overall system of public centres.
    4. Inspection, internal evaluation of the education system, educational innovation, research and experimentation, and also ensuring the quality of the education system.
    5. The system for promoting study, scholarships and grants through their own funds.
    6. Continuous training and improvement of teaching staff and other education system staff and approval of human resources directives.
    7. The educational services and the complementary extra-curricular activities related to public educational centres and to private educational centres supported with public funds.
    8. Organisational aspects of distance teaching aimed at students above the compulsory school-leaving age.
  3. In those matters not regulated by Section 2 and in relation to the education referred to in said Section, the Generalitat has shared power, while respecting the fundamental aspects of the right to education and to freedom in teaching in non-university education and in accordance with the provisions of Article 149.1.30 of the Constitution. This power includes in any case:
    1. Programming of teaching, its definition and general evaluation of the education system.
    2. Organisation of the education sector and of teaching and educational activity.
    3. Establishment of suitable syllabuses, including curriculum planning.
    4. The system to promote study, and State grants and aids.
    5. Access to education, and establishment and regulation of the criteria for admission and teaching of students in educational centres.
    6. The system for maintenance with public funds of the teaching provided in the education system and the centres providing it.
    7. Requirements and conditions of educational and teaching centres.
    8. Organisation of public centres and private centres supported with public funds.
    9. Participation of the education community in control and in management of public educational centres and of private centres supported with public funds.
    10. Acquisition and loss of educational civil servant status for teachers in the employ of the education authorities, development of their basic rights and obligations and also the policy concerning personnel in the employ of the educational administration.
  4. The Generalitat has executive power, in non-university education, over the issue and approval of State academic and professional qualifications.

ARTICLE 132. EMERGENCIES AND CIVIL PROTECTION
  1. The Generalitat has exclusive power over civil protection, which includes, in any case, regulation, planning and implementation of measures related to emergencies and civil security and safety matters, and management and coordination of civil protection services, including fire prevention and fire-fighting services, without prejudice to the powers of local government authorities in this matter and respecting State provisions established in exercise of its powers in matters of public safety.
  2. For emergencies and civil protection issues which extend beyond Catalonia, the Generalitat shall promote mechanisms for cooperation with other autonomous communities and with the State.
  3. The Generalitat has executive power in matters of maritime rescue operations, in the terms determined by State legislation.
  4. The Generalitat participates in the execution of matters concerning nuclear safety, in the terms agreed in the agreements signed to this effect and, where appropriate, by law.

ARTICLE 133. ENERGY AND MINES
  1. The Generalitat has shared power over energy. This power includes in any case:
    1. Regulation of activities concerning energy production, storage and transport, the issue of licences to facilities operating wholly within Catalan territory, and inspection and control of all facilities located in Catalonia.
    2. Regulation of energy distribution within Catalonia, the issue of licences to the corresponding facilities, and inspection and control of all facilities located in Catalonia.
    3. Implementation of additional quality standards for energy supply services.
    4. Fostering and management of renewable energy sources and promotion of energy efficiency.
  2. The Generalitat participates, by means of the issue of a preliminary report, in the proceedings for granting licences to energy production and transport facilities which extend beyond Catalan territory or if the energy is used outside this territory.
  3. The Generalitat participates in energy sector regulation and planning at State level that affects the territory of Catalonia.
  4. The Generalitat has shared power over the mining system. This power includes, in any case, regulation, the system for administrative intervention and control over mines and the mining resources located in the territory of Catalonia and over any mining activities that take place in Catalonia.

ARTICLE 134. SPORT AND LEISURE
  1. The Generalitat has exclusive power over sport, which includes in any case:
    1. Fostering, dissemination, planning, coordination, execution, consultancy, implantation and projection of the practice of physical activity and of sport throughout Catalonia, at all social levels.
    2. Organisation of mediation bodies in matters concerning sports.
    3. Regulation of sports training and fostering of technical training and elite sports performance.
    4. Establishment of the legal system for sporting federations and clubs and Catalan entities that promote and organise the practice of sport and physical activity within Catalonia, and declaration of the public utility of sporting entities.
    5. Regulation in matters of sporting, competitive and electoral discipline of entities that promote and organise the practice of sport.
    6. Fostering and promotion of sports associations.
    7. Registration of entities that promote and organise the practice of physical and sporting activity and that have their headquarters in Catalonia.
    8. Planning of the network of sports facilities in Catalonia and the promotion of its use.
    9. Medical and health control and monitoring of individuals who practice physical and sporting activity.
    10. Regulation in matters of prevention and control of violence at public sporting events, while respecting the powers reserved to the State concerning public safety.
    11. Ensuring the health of spectators and other individuals involved in the organisation and the carrying out of physical and sporting activity, and safety and health control of sporting facilities.
    12. Development of scientific research in sport matters.
  2. The Generalitat participates in entities and bodies, at State, European and international level, whose purpose is the development of sport.
  3. The Generalitat has exclusive power over leisure and this includes, in any case, fostering and regulation of activities that take place in the territory of Catalonia and the legal system concerning entities whose purpose is the carrying out of leisure activities.
  4. The Generalitat participates in entities and bodies, at the State, European and international level, whose purpose is development of leisure.

ARTICLE 135. STATISTICS
  1. The Generalitat has exclusive power over statistics of interest to the Generalitat. This power includes in any case:
    1. Statistical planning.
    2. Administrative organisation.
    3. The creation of the Generalitat's own official statistical system.
  2. The Generalitat participates in and cooperates with the preparation of statistics at supra-autonomous community level.

ARTICLE 136. PUBLIC EMPLOYMENT AND STAFF IN THE EMPLOY OF THE CATALAN PUBLIC ADMINISTRATION BODIES
While respecting the principle of local autonomy, in matters of public employment the Generalitat has:
    1. Exclusive power over the statutory system for staff in the employ of the Catalan Public Administration bodies, and over classification and organisation of public employment with the exception of the provisions of b below.
    2. Shared power for development of organising principles of public employment, over the acquisition and loss of civil service status, administrative situation and rights, obligations and incompatibilities of staff in the employ of the Public Administration bodies.
    3. Exclusive power, in the area of contracted staff, for adaptation of the list of employment positions to the needs of administrative organisation and over training of this staff.

ARTICLE 137. HOUSING
  1. The Generalitat has exclusive power over housing, which includes in any case:Planning, classification, management, inspection and control over housing, in accordance with social needs and the need for territorial balance.
    1. Planning, classification, management, inspection and control over housing, in accordance with social needs and the need for territorial balance.
    2. Establishment of priorities and objectives in the promotional activity of Catalan Public Administration bodies in matters concerning housing, and the adoption of the necessary measures to achieve them, in relation to both the public and the private sectors.
    3. Provision of public housing.
    4. Administrative regulation of house sales and the establishment of protective and disciplinary measures in this field.
    5. Technical rules, inspection and control of construction quality.
    6. Rules on the suitability of housing for habitation.
    7. Technological innovation and sustainability applicable to housing.
    8. Regulations on house conservation and maintenance, and their application.
  2. The Generalitat has power over the requirements of buildings in relation to the installation of common infrastructures for telecommunications, broadcasting, basic telephone and other cable services, while respecting State legislation in the area of telecommunications.

ARTICLE 138. IMMIGRATION
  1. In matters concerning immigration, the Generalitat has:
    1. Exclusive power regarding the initial reception of immigrants, which includes sociosanitary attention and guidance.
    2. Development of the integration policy for immigrants in the framework of its powers.
    3. Establishment and regulation of the required measures for social and economic integration of immigrants and for their social participation.
    4. Establishment by law of a referential framework for the reception and integration of immigrants.
    5. Promotion and integration of returning immigrants and their assistance, and facilitation of their return to Catalonia through the pertinent policies and measures.
  2. The Generalitat has executive power in authorising work to foreigners whose employment is in Catalonia. This power, which shall be coordinated with that of the State regarding the entry and residence of foreigners, includes:
    1. Processing and assignation of initial work authorisations for employed and self-employed workers.
    2. Processing and resolution of appeals presented with regard to cases arising from paragraph a) above and application of the inspection and sanction system.
  3. The Generalitat participates in State decisions concerning immigration which are especially important for Catalonia and, in particular, shall have preceptive participation in determining the contingent of foreign workers by means of the mechanisms established by Title V.

ARTICLE 139. INDUSTRY, CRAFTSMANSHIP, METROLOGICAL CONTROL AND EVALUATION OF METALS
  1. The Generalitat has exclusive power over industry, with the exception of the provisions of Section 2 below. This power includes, in any case, the classification of industrial sectors and processes in Catalonia, the safety of activities, facilities, equipment, processes and industrial products and the regulation of industrial activities which may have an impact on people's safety or health.
  2. The Generalitat has shared power over planning of industry, in the framework of general planning of the economy.
  3. The Generalitat has exclusive power over matters of craftsmanship.
  4. The Generalitat has executive power over metrological control.
  5. The Generalitat has executive power over the evaluation of metals.

ARTICLE 140. TRANSPORT AND COMMUNICATIONS INFRASTRUCTURES
  1. The Generalitat has exclusive power over any ports, airports, heliports and other transport infrastructures in the territory of Catalonia that are not legally classified as being of general interest. This power includes in any case:
    1. The legal system, planning and management of all ports and airports, port and airport facilities, minor maritime facilities, loading terminals in port and airport premises, and other transport infrastructures.
    2. Management of the public domain required to provide the service, and especially the issue of licences and concessions within port or airport premises.
    3. Financial system for port and airport services, and especially the power to establish tariffs and taxes and the charging and collecting of all kinds of taxes and charges related to the use of the infrastructure and the service it provides.
    4. Delimitation of the service areas for ports or airports and determination of the uses, equipment and complementary activities within port or airport premises or other transport infrastructures, while respecting the powers of the owner of the public domain.
  2. The Generalitat participates in supra-autonomous community bodies that exercise functions concerning transport infrastructures located in Catalonia that are owned by the State.
  3. The classification of a port, airport or other transport infrastructure located in Catalonia as of general interest is subject to a preliminary report by the Generalitat, which may participate in its management, or take responsibility for its management, in accordance with the provisions of law.
  4. The Generalitat participates in the planning and programming of ports and airports of general interest, in the terms determined by State regulations.
  5. The Generalitat has exclusive power over its road network throughout the territory of Catalonia, and may also participate in the management of the State's road network in Catalonia, in accordance with State regulations. This power includes in any case:
    1. Organisation, planning and integrated management of the road network of Catalonia.
    2. The legal and financial system of all elements of the road network of which the Generalitat is owner.
    3. Connectivity, whether with each other or with other transport infrastructures or networks, of the elements that make up the road network of Catalonia.
  6. The Generalitat has exclusive power, in matters concerning the rail network, over the infrastructures of which it is the owner, and participates in the planning and management of infrastructures owned by the State that are located in Catalonia, in accordance with the provision of State regulations.
  7. In accordance with State regulations, the Generalitat has executive power over electronic communications. This power includes in any case:
    1. Promotion of the existence of a minimum set of universally accessible services.
    2. Inspection of the shared telecommunications infrastructures and exercise of the corresponding power to sanction.
    3. Resolution of conflicts between broadcasting operators that share multiplexes and whose coverage does not extend beyond the territory of Catalonia.
    4. Management of the registry of installers of shared telecommunications infrastructures and the registry of multiplex managers whose sphere of activity does not extend beyond the territory of Catalonia.

ARTICLE 141. GAMING AND SHOWS
  1. The Generalitat has exclusive power over gaming, betting and casinos when these activities take place in Catalonia only, including in any case:
    1. Creation and authorisation of gaming and betting and their regulation, and regulation of companies responsible for management, operation and practice of these activities or whose aim is to sell and distribute materials related to gaming in general, including computerised and telematic gambling.
    2. Regulation and control of the premises, facilities and equipment used in the performance of these activities.
    3. Determination, within the framework of its powers, of the fiscal system concerning the gaming activity of companies performing these activities.
  2. Authorisation of new forms of gaming and betting at State level, or modification of the already existing forms, requires deliberation by the Generalitat - State Bilateral Commission established by Title V and the decisive preliminary report of the Generalitat.
  3. The Generalitat has exclusive power over shows and recreational activities. This power includes, in any case, organisation of the sector, the system of administrative intervention, and control over all kinds of shows in public spaces and premises.

ARTICLE 142. YOUTH
  1. The Generalitat has exclusive power over youth affairs, which includes in any case:
    1. Design, application and evaluation of policies, plans and programmes aimed at young people.
    2. Promotion of youth associations, initiatives to encourage youth participation, international mobility, and youth tourism.
    3. Regulation, management, intervention and administrative policing of activities and facilities aimed at young people.
  2. The Generalitat is responsible for signing agreements with international entities and for participating in international bodies in cooperation with the State, or autonomously if the regulations of the entity so permit, and, in any case, processing of documents issued by international entities that affect individuals, facilities or entities with residence in Catalonia, while respecting State legislation.

ARTICLE 143. CATALONIA'S OWN LANGUAGE
  1. The Generalitat of Catalonia has exclusive power over the matter of Catalonia's own language. This power includes, in any case, determination of the scope, uses and legal effects of its official status, and also the linguistic normalisation of Catalan.
  2. The Generalitat and also the Conselh Generau d'Aran have power over the linguistic normalisation of Occitan, known as Aranese in Aran.

ARTICLE 144. THE ENVIRONMENT, NATURAL AREAS AND METEOROLOGY
  1. The Generalitat has shared power over the environment, and power to establish additional protection rules. This shared power includes in any case:
    1. Establishment and regulation of the instruments of environmental planning and the proceedings for processing and approving these instruments.
    2. Establishment and regulation of environmental sustainability, tax and research measures.
    3. Regulation of natural resources, flora and fauna, biodiversity and marine and aquatic environment, except when for the purpose of preserving sea fish stocks.
    4. Regulation of prevention in the production of containers and packing throughout their lifecycle, from creation to conversion into waste material.
    5. Regulation of prevention and correction of the generation of waste material originating in or destined for Catalonia, and its management, movement and final disposal.
    6. Regulation of prevention, control, correction, recovery and compensation of soil and subsoil pollution.
    7. Regulation and management of dumping in the continental waters of Catalonia and into surface and underground waters that do not pass through another autonomous community. In any case, the Generalitat has executive power over the administrative intervention of dumping in surface and underground waters in its territory.
    8. Regulation of the atmospheric environment and the various kinds of pollution thereof, declaration of polluted atmospheric zones, and establishment of other instruments to control pollution, irrespective of the public authority with competence for authorising the work, facility or activity causing the pollution.
    9. Regulation of the system for authorising and monitoring the emission of greenhouse gases.
    10. Promotion of classification of products, activities, facilities, infrastructures, procedures, production processes and environmentally-friendly practices.
    11. Prevention, restoration and repair of environmental damage and also the corresponding system of sanctions.
    12. Measures to protect species and the system of sanctions.
  2. While respecting the provisions of Article 149.1.23 of the Constitution, the Generalitat has exclusive power over natural areas. This power includes, in any case, the regulation and declaration of protection, delimitation, planning and management instruments for natural spaces and protected habitats located in Catalonia.
  3. In the case of natural areas that extend beyond the territory of Catalonia, the Generalitat shall promote collaboration instruments with other autonomous communities in order to create, delimit, regulate and manage these areas.
  4. Declaration and delimitation of natural areas with a State protection system requires the mandatory report of the Generalitat - State Bilateral Commission. If the area is located wholly within the territory of Catalonia, the Generalitat is responsible for its management.
  5. The Generalitat shall establish its own meteorological service, shall supply meteorological and climatic information, including the forecasting, monitoring and follow-up of meteorological risk situations, and research in these fields and the production of climatic cartography.
  6. The Generalitat exercises its powers by means of the Corps of Rural Agents responsible for surveillance, control, protection, overall prevention and cooperation in relation to environmental management. The members of this Corps have the status of agents of the authority and exercise special administrative and judicial policing functions, in the terms established by law.

ARTICLE 145. STOCK EXCHANGES AND CONTRACTING CENTRES
The Generalitat has shared power over stock exchanges and contracting centres located in Catalonia. This power includes in any case:
    1. Creation, denomination, authorisation and supervision of stock exchanges and organised negotiation systems.
    2. Regulation and administrative execution measures for the organisation, operation, discipline and sanctioning system of the bodies governing stock exchanges.
    3. Control over the issue, admission, suspension, exclusion, and establishment of additional requirements for the admission of securities to be negotiated exclusively in these markets, and inspection and control.
    4. Accreditation of persons and entities for membership of these markets.
    5. Establishment of deposits to be provided by members of the stock exchange as a guarantee in operations pending settlement.

ARTICLE 146. THE MEDIA AND AUDIOVISUAL CONTENT SERVICES
  1. In the area of radio and television services and also any other audiovisual communication service, the Generalitat has:
    1. Exclusive power over the organisation of the provision of the public broadcasting services of the Generalitat and public broadcasting services at local level, while respecting the principle of local autonomy.
    2. Shared power over the regulation and control of broadcasting services that use any of the available formats and technologies aimed at the audience in Catalonia, and the supply of broadcasting services if distributed in the territory of Catalonia.
  2. The Generalitat has shared power in matters of the media.
  3. The Generalitat shall promote the linguistic and cultural pluralism of Catalonia in the media.

ARTICLE 147. NOTARIAL AFFAIRS AND PUBLIC REGISTRIES
  1. The Generalitat has executive power over notarial affairs and public property, mercantile and movable assets registries. This power includes in any case:
    1. Appointment of notaries and property, mercantile and movable assets registrars, by means of the calling, administration and resolution of open and restricted competitive examinations and competitions, which shall be called and implemented leading to formal appointment. Candidates for the post of notary or registrar shall be admitted on the basis of equality of rights, and shall provide proof of knowledge of the Catalan language and law in the form and to the extent established by the Estatut and by law.
    2. Participation in development of access programmes to the corps of notaries and property, mercantile and movable assets registrars of Spain, for the purpose of accreditation of their knowledge of Catalan law.
    3. Establishment of notarial and registration districts, including determination of mortgage districts and notarial territorial power districts.
    4. The appointment of district protocol notary archivists and the maintenance of mortgage account registers.
  2. The Generalitat has exclusive power in matters concerning the system of appeals regarding the qualification of titles or specific clauses of Catalan law which must be inscribed in a property, mercantile or movable assets registrar of Catalonia.
  3. In the framework of the general regulation, the Generalitat has executive power over the Civil Registry, including the appointment of officials in charge, temporary staff and substitutes, the exercise of disciplinary functions in relation to them, and provision of the human and material resources required to carry out their functions. The officials in charge shall provide proof of knowledge of the Catalan language and Catalan law in the form and to the extent established by the Estatut and by law.

ARTICLE 148. PUBLIC WORKS
  1. The Generalitat has exclusive power over public works that are carried out in the territory of Catalonia and that have not been classified as being of general interest or that do not affect another autonomous community. This power includes in any case the planning, construction and funding of such works.
  2. Classification as being of general interest shall be subject to a preliminary report by the Generalitat. The Generalitat participates in planning and programming public works qualified as being of general interest, in accordance with State legislation and the provisions of Title V of this Estatut.
  3. The Generalitat is responsible for the management of public services within its power to which all public works located in Catalonia and not categorised as of general interest are assigned or by which they are deemed affected. In the case of works classified as being of general interest or that affect another autonomous community, collaboration agreements may be signed to manage the corresponding services.

ARTICLE 149. ORDENACIÓ DEL TERRITORI I DEL PAISATGE, DEL LITORAL I URBANISME
  1. The Generalitat has exclusive power over territorial and landscape planning. This power includes in any case:
    1. Establishment of guidelines for planning and management of the territory, and the landscape and of the actions that affect these areas.
    2. Establishment and regulation of the forms of territorial planning and of the procedures for their processing and approval.
    3. Establishment and regulation of the instruments to safeguard natural areas and biological corridors, in keeping with the provisions of Article 144.2.
    4. Planning for future location of infrastructures and equipment within the sphere of the power of the Generalitat.
    5. Determination of specific measures for the promotion of territorial, demographic, socio-economic and environmental balance.
  2. Determination of locations for infrastructures and equipment under State ownership in Catalonia shall be subject to a report by the Generalitat - State Bilateral Commission.
  3. The Generalitat has exclusive power over the management of the coastline, while respecting the general system for the public domain. This power includes in any case:
    1. Establishment and regulation of territorial plans for classification and use of the coastline and beaches and also the regulation of proceedings for processing and approving these instruments and plans.
    2. Management of the licences to occupy and use the maritime-terrestrial public domain, and especially issue of authorisations and concessions and, in any case, concessions for fixed structures in the sea, while respecting the exceptions that may be established for environmental reasons in continental and transition coastal waters.
    3. Regulation and management of the economic and financial system governing the maritime-terrestrial public domain, in the terms established by the general legislation.
    4. Execution of works and actions on the Catalan coastline which are not of general interest.
  4. The Generalitat is responsible for the execution and management of works of general interest on the Catalan coastline, in accordance with the provisions of Article 148.
  5. The Generalitat has exclusive power over urban development. This power includes in any case:
    1. Regulation of the system for development of urban land, which includes, in any case, determination of the criteria for the different kinds of land and land use.
    2. Regulation of the legal land ownership system while respecting the basic conditions established by the State to guarantee equality in the exercise of the right to property.
    3. Establishment and regulation of urban planning and management instruments, and the procedures for their processing and approval.
    4. Land and housing policy, regulation of publicly-owned land and housing heritage, and the system for administrative intervention in building, urban development and land and subsoil use.
    5. Ensuring legality in urban development, which includes, in any case, urban inspection, orders for suspension of works and licences, measures to undo illegal physical alterations, and discipline in urban development.
  6. The Generalitat has shared power over the right of escheat in urban expropriations within the framework of State legislation.

ARTICLE 150. ORGANISATION OF THE ADMINISTRATION OF THE GENERALITAT
In relation to the organisation of its Administration, the Generalitat has exclusive power over:
    1. The structure and regulation of public bodies and managers, their functioning and territorial coordination.
    2. The different organisational and instrumental modalities for administrative action.

ARTICLE 151. TERRITORIAL ORGANISATION
While respecting the institutional guarantee established by Articles 140 and 141 of the Constitution, the Generalitat has exclusive power over territorial organisation, which includes in any case:
    1. Determination, creation, modification and abolition of the government entities that make up the territorial organisation of Catalonia.
    2. Creation, abolition and alteration of boundaries both of municipalities and local government entities of lesser territorial scope; denomination, determining the capital and symbols for municipalities and other local government entities; place-names, and determination of special systems.
    3. Establishment by law of procedures for relations between local government entities and the population, respecting local autonomy.

ARTICLE 152. PLANNING, ORGANISATION AND PROMOTION OF ECONOMIC ACTIVITY
  1. The Generalitat has power to promote economic activity in Catalonia.
  2. The Generalitat has shared power over the organisation of economic activity in Catalonia.
  3. The Generalitat may establish economic activity planning within the framework of the guidelines set by general State planning.
  4. The Generalitat is responsible for the development and management of general economic activity planning. This power includes in any case:
    1. Implementation of State plans.
    2. Participation in State planning through the mechanisms established by Title V.
    3. Management of the plans, including funds and resources of State origin aimed at fostering economic activity, in the terms established by means of an agreement.

ARTICLE 153. GENDER POLICIES
The Generalitat has exclusive power over gender policies. While respecting the provisions of the State in exercise of the power attributed to it by Article 149.1.1 of the Constitution, this power includes in any case:
    1. Planning, design, execution, evaluation and control over rules, plans and general guidelines regarding policies for women, and establishment of positive action for elimination of gender-based discrimination to be implemented uniformly in the whole territory of Catalonia.
    2. Promotion of associations of women that carry out activities related to equality and non-discrimination, and of participation initiatives.
    3. Regulation of measures and instruments to raise awareness of gender-based violence and to detect and prevent it and regulation of services and its own resources aimed at overall protection of women who have experienced or who experience this kind of violence.

ARTICLE 154. PROMOTION AND DEFENCE OF COMPETITION
  1. The Generalitat has exclusive power over the promotion of market competition in economic activities carried out mainly in Catalonia.
  2. The Generalitat has executive power over defence of competition in the exercise of economic activities that alter or may alter free market competition within an area not extending beyond the territory of Catalonia. This power includes in any case:
    1. Execution in measures related to the economic processes which affect competition.
    2. Inspection and implementation of the sanctioning procedure.
    3. Defence of competition in the exercise of commercial activity.
  3. The Generalitat has exclusive power over the establishment and regulation of the Catalan Court for the Defence of Competition, as an independent body with jurisdiction over the whole territory of Catalonia which is the sole responsible body for dealing with economic activities carried out mainly in Catalonia, which alter or may alter competition, in the terms established by Sections 1 and 2.

ARTICLE 155. INTELLECTUAL AND INDUSTRIAL PROPERTY
  1. The Generalitat de Catalunya has executive power over intellectual property. This power includes in any case:
    1. Establishment and regulation, in coordination with that of the State, of a registry of intellectual property rights generated in Catalonia or owned by individuals usually resident in Catalonia; registration, modification or cancellation of these rights, and exercise of the administrative activity required to guarantee their protection in the whole territory of Catalonia. The Generalitat shall inform the State of the entries made in its register with a view to their inclusion in the State register, shall collaborate with the State registry and facilitate the exchange of information.Establishment and regulation, in coordination with that of the State, of a registry of intellectual property rights generated in Catalonia or owned by individuals usually resident in Catalonia; registration, modification or cancellation of these rights, and exercise of the administrative activity required to guarantee their protection in the whole territory of Catalonia. The Generalitat shall inform the State of the entries made in its register with a view to their inclusion in the State register, shall collaborate with the State registry and facilitate the exchange of information.
    2. Authorisation and revocation of entities for the collective management of intellectual property rights acting mainly in Catalonia and also performance of complementary inspection and control tasks regarding the activity of these entities.
  2. The Generalitat has executive power over industrial property. This power includes in any case:
    1. Establishment and regulation, in coordination with that of the State, of a register of industrial property rights for natural or legal persons.
    2. The legal and procedural defence of the place-names of Catalonia used in industry.

ARTICLE 156. PROTECTION OF PERSONAL DATA
While respecting the guarantees regarding fundamental rights in this area, the Generalitat has executive power over the protection of personal data. This power includes in any case:
    1. Registration and control of files or processing of personal data created or managed by the public institutions of Catalonia, the Administration of the Generalitat, local public authorities of Catalonia, autonomous entities, and public or private law entities answerable to autonomous or local public authorities or providing services or carrying out activities on their own account by means of any form of direct or indirect management, and also the universities that make up the Catalan university system.
    2. Registration, and control of files or the processing of personal data created or managed by natural or legal persons for the exercise of public functions in connection with matters that fall under the authority of the Generalitat or of the local government entities of Catalonia, provided the processing takes place in Catalonia.
    3. Registration and control of files and the processing of data created or managed by the public law bodies which exercise their functions exclusively within the territory of Catalonia.
    4. Establishment of an independent authority, appointed by Parliament, to supervise the safeguarding of the right to protection of personal data within the powers of the Generalitat.

ARTICLE 157. ADVERTISING

Without prejudice to the mercantile legislation of the State, the Generalitat has exclusive power over the regulation of advertising.

ARTICLE 158. RESEARCH, DEVELOPMENT AND TECHNOLOGICAL INNOVATION
  1. In matters concerning scientific and technical research, the Generalitat has exclusive power in matters concerning its own research centres and structures, and the projects it finances. This power includes in any case:
    1. Establishment of research areas of its own, and monitoring, control and evaluation of projects.
    2. Organisation, functioning system, control, monitoring and accreditation of centres and structures in Catalonia.
    3. Regulation and management of grants and financial assistance organised and funded by the Generalitat.
    4. Regulation and professional training of research and research support personnel.
    5. Dissemination of science and the transfer of results.
  2. The Generalitat has shared power over the coordination of the research centres and structures of Catalonia.
  3. Collaboration criteria between the State and the Generalitat in research policy, development and innovation shall be established within the framework of the provisions of Title V. Likewise, systems shall be established for the participation of the Generalitat in determining policies affecting these matters at European Union level, and in other international bodies and institutions.

ARTICLE 159. LEGAL SYSTEM, LEGAL PROCEDURE, PUBLIC CONTRACTS, EXPROPRIATION AND RESPONSIBILITY IN THE CATALAN PUBLIC ADMINISTRATION BODIES
  1. The Generalitat has exclusive power in matters concerning the legal system and legal procedure governing Catalan Public Administration bodies which are not affected by Article 149.1.18 of the Constitution. This power includes:
    1. The means required to exercise administrative functions, including the system governing public and patrimonial property.
    2. Control, inspection and sanctioning authority in all material areas that the Generalitat has power over.
    3. The rules of administrative procedure arising from the particularities of the substantive law of Catalonia or from specialised areas of the organisation of the Generalitat.
  2. The Generalitat has shared power in all matters relating to the legal system and legal procedure of Catalan Public Administration bodies not included in Section 1 above.
  3. In relation to the contracts of Public Administration bodies in Catalonia, the Generalitat has:
    1. Exclusive power over organisation and jurisdiction in matters involving contracting by Catalan Public Administration bodies and over rules for execution, modification and termination of the Administration's contracts in those matters which are not affected by Article 149.1.18 of the Constitution.
    2. Shared power in all matters not attributed exclusively to the jurisdiction of the Generalitat according to a above.
  4. In matters concerning compulsory expropriation, the Generalitat has executive power, in any case, to:
    1. Determine cases, causes and conditions in which Catalan Administration bodies may exercise expropriatory authority.
    2. Establish the criteria for valuing the expropriated assets according to the nature and social function of these assets, in accordance with State legislation.
    3. Create and regulate an entity of its own for the purpose of determining a fair price, and to establish the procedure.
  5. In matters of patrimonial responsibility, the Generalitat has shared power to establish the causes that may give rise to liability, in relation to claims brought against the Generalitat, in accordance with the general system of responsibility of all Public Administration bodies.
  6. The powers of the Generalitat specified in Sections 1, 3, 4 and 5 above shall be exercised with respect for the principle of local autonomy.

ARTICLE 160. LOCAL GOVERNMENT SYSTEM
  1. The Generalitat has exclusive power over the local government system, which, while respecting the principle of local autonomy, includes:
    1. Relations between the institutions of the Generalitat and local government entities, and also the methods for organisation and liaison in regard to cooperation and collaboration between local government entities, and between these and the Administration of the Generalitat, and including the various forms: associations, mancomunitats, conventional associations and consortia.
    2. Determination of the powers and jurisdiction of municipalities and other local government entities, in the areas specified in Article 84.
    3. The system of publicly-owned, communal and patrimonial property and the modalities of public service provision.
    4. Determination of the governing bodies for local government entities created by the Generalitat and the functioning and decision-making system of these bodies.
    5. The system governing complementary bodies in the organisation of local government entities.
  2. The Generalitat has shared power in all matters not established by Section 1 above.
  3. The Generalitat has exclusive power in matters concerning the electoral system for the local entities it creates, with the exception of those which are Constitutionally guaranteed.

ARTICLE 161. RELATIONS WITH RELIGIOUS ENTITIES
  1. The Generalitat has exclusive power over religious entities that carry out their activities in Catalonia. This power includes in any case regulation and establishment of collaboration and cooperation mechanisms for the carrying out of their activities within the jurisdiction of the Generalitat.
  2. The Generalitat has executive authority over religious freedom. This power includes in any case:
    1. Participation in the management of the State Registry of Religious Entities in relation to churches, confessions and religious communities that carry out their activities in Catalonia, in the terms determined by law.
    2. Establishment of agreements and cooperation conventions with the churches, confessions and religious communities registered in the State Registry of Religious Entities within the jurisdiction of the Generalitat.
    3. Promotion, development and execution, within the jurisdiction of the Generalitat, of agreements and conventions signed between the State and the churches, confessions and religious communities registered in the State Registry of Religious Entities.
  3. The Generalitat collaborates in bodies at State level to which functions have been attributed concerning religious entities.

ARTICLE 162. HEALTHCARE, PUBLIC HEALTH, PHARMACEUTICAL REGULATION AND PHARMACEUTICAL PRODUCTS
  1. The Generalitat has exclusive power in matters of healthcare and public health over the organisation, internal functioning, evaluation, inspection and control of healthcare centres, services and establishments.
  2. The Generalitat shall classify pharmaceuticals, in the framework of Article 149.1.16 of the Constitution.
  3. The Generalitat has shared power in any case in the following areas:
    1. Classification, planning, determination, regulation and execution of public, social and mental health provisions and services, at all levels and for all citizens.
    2. Classification, planning, determination, regulation and execution of measures and actions aimed at preserving, protecting and promoting public health in all areas, including health at work, animal health with effects on human health, food health, environmental health and epidemiological vigilance.
    3. Planning of publicly provided healthcare resources and coordination of private healthcare activities with the public healthcare system.
    4. Specialised healthcare training, which includes accreditation and evaluation of centres; planning to provide posts; participation in preparation of selection procedures and management of training programmes for specialities and other specific training, and the issue of diplomas for areas of specific training.
    5. The statutory system and the training of the staff providing service in the public healthcare system services.
  4. The Generalitat participates in planning and State coordination in matters of healthcare and public health, in accordance with the provisions of Title V.
  5. The Generalitat has executive power over State legislation on pharmaceutical products.

ARTICLE 163. PRIVATE SECURITY
The Generalitat executes the State legislation in the following matters:
    1. Authorisation of private security companies with head office in Catalonia whose area of activity does not extend beyond the territory of Catalonia.
    2. Inspection and sanction of private security activities carried out in Catalonia.
    3. Authorisation of private security staff training centres.
    4. Coordination of private security and investigation services with the Police of the Generalitat and the local police of Catalonia.

ARTICLE 164. PUBLIC SECURITY
  1. In matters of public security, the Generalitat, in accordance with State legislation, is responsible for:
    1. Planning and regulation of the public security system for Catalonia and organisation of the local police.
    2. Creation and organisation of the Generalitat Police Force - Mossos d'Esquadra.
    3. Traffic control and vigilance.
  2. The Generalitat has supreme command over the Generalitat Police Force - Mossos d'Esquadra and coordinates the activities of the local police.
  3. In the framework of State legislation on security, the Generalitat has the executive powers attributed to it by the State and in any case:
    1. Governing functions over the exercise of the rights of assembly and demonstration.
    2. Compliance with the provisions for the conservation of nature, the environment and water resources.
  4. The Generalitat participates, through a Security Board with equal representation of the Generalitat and the State and chaired by the President of the Generalitat, in the coordination of security policies and of the activity of the State and Catalan police forces, and also in the exchange of information at international level, and in cooperating with and assisting the police authorities of other countries. In agreement with the State, the Generalitat shall be represented in the working groups working in collaboration with the police of other countries in which the State participates.
  5. The scope of action of the Generalitat Police Force - Mossos d'Esquadra is the whole of the Catalan territory, and it exercises all the functions of a police force in the following fields:
    1. Public safety and public order.
    2. Administrative policing, including that deriving from State regulations.
    3. Judicial policing and criminal investigation, including the various forms of organised crime and terrorism, in the terms established by law.

ARTICLE 165. SOCIAL SECURITY
  1. While respecting the principles of the unity of economic patrimony and the financial solidarity of social security, the Generalitat has shared power over social security matters. This power includes:
    1. Implementation and execution of State legislation, with the exception of the rules which configure the economic system.
    2. Management of the social security economic system.
    3. Organisation and administration of the assets and services that make up the healthcare and social services of the social security system in Catalonia.
    4. Organisation and exercise of administrative jurisdiction over the institutions, companies and foundations that collaborate with the social security system in the matters referred to in c, and also coordination of workplace risk prevention activities carried out in Catalonia by the health funds for workplace accidents and occupational illness.
    5. Recognition and management of non-contributory pensions.
    6. The coordination of the health system actions linked to the social security service.
  2. The Generalitat may organise and administer, to these effects and within its territory, all the services related to the matters specified above, and exercises the supervision of the institutions, entities and foundations in the area of health and social security, with the exception of high-level inspection, which is reserved to the State.

ARTICLE 166. SOCIAL SERVICES, VOLUNTEERS, MINORS AND PROMOTION OF FAMILIES
  1. The Generalitat has exclusive power over the social services. This power includes in any case:
    1. Regulation and organisation of the social services activities, social service technical benefits and payments designed as welfare allowances or to supplement other public benefit support systems.
    2. Regulation and organisation of the entities, services and public and private establishments which provide social services in Catalonia.
    3. Regulation and approval of specific plans and programmes addressed to individuals and groups in a situation of poverty or social need.
    4. Supervision and control of private supplementary social protection systems.
  2. The Generalitat has exclusive power over volunteers. This power includes, in any case, definition of the activity and regulation and promotion of actions to support solidarity and voluntary action carried out individually or through public or private institutions.
  3. With regard to minors the Generalitat has:
    1. Exclusive power over the protection of minors, which includes, in any case, regulation of the protection system, and the public institutions for protection and guardianship of defenceless and at-risk minors and juvenile offenders, while respecting criminal legislation in this latter case.
    2. The Generalitat participates, in the preparation and reform of the penal and procedural legislation that affects powers concerning minors.
  4. The Generalitat has exclusive power over promotion of families and children. This includes, in any case, social protection measures and their implementation.

ARTICLE 167. THE SYMBOLS OF CATALONIA

The Generalitat has exclusive power over the regulation, organisation, configuration, and preservation of the symbols of Catalonia, in accordance with the provisions of this Estatut.

ARTICLE 168. THE PRISON SYSTEM
  1. The Generalitat has the executive power for State legislation regarding prison affairs. This includes in any case:
    1. The capacity to enact provisions adapting prison regulations to the social reality of Catalonia.
    2. All management of prison activity in Catalonia, especially directing, organisation, overall system, operation, planning and inspection of prison institutions of any kind located in Catalonia.
    3. Planning, building and refurbishment of the prison buildings located in Catalonia.
    4. Administration and management of unmovable assets and facilities assigned to the Catalan prison administration, and of all material resources assigned to it.
    5. Planning and organisation of paid work for the prison population, and implementation of alternative measures to prison and of reintegration measures.
  2. The Generalitat may issue reports in the procedure for granting pardons.

ARTICLE 169. TRANSPORT
  1. The Generalitat has exclusive power over land transport of passengers and goods by road, railway and cable entirely within Catalan territory, irrespective of ownership of the infrastructure. This power includes in any case:
    1. Regulation, planning, management, coordination and inspection of services and activities.
    2. Regulation of administrative supervision for the exercise of transport activities.
    3. Regulation of urban transport and of occasional transport services for passengers in tourist vehicles.
    4. Specific regulation of tourist transport, school transport or the transport of minors, health transport, funeral transport, transport of hazardous or perishable goods, and other transport requiring specific systems, while respecting State powers in the area of public safety.
    5. Regulation of a system of mediation in matters of transport.
    6. The power to set charges for land transport.
  2. The integration of transport routes or services that lie entirely within the territory of Catalonia into higher level lines or services requires the preliminary report of the Generalitat.
  3. The Generalitat participates in the establishment of rail services that ensure links with other autonomous communities or with international traffic, in accordance with the provisions of Title V.
  4. The Generalitat has exclusive power over the transport, logistics and distribution centres located in Catalonia, including:
    1. Information and freight distribution centres.
    2. Road transport stations.
  5. The Generalitat has exclusive power over operators in activities related to the organisation of transport, logistics and distribution taking place in Catalonia.
  6. While respecting the powers of the State in the areas of the merchant marine and ports, the Generalitat has exclusive power in maritime and river transport which lies entirely with the territory of Catalonia, including:
    1. Regulation, planning and management of maritime and river passenger transport.
    2. Administrative supervision for the provision of services and exercise of activities related to maritime and river transport.
    3. Requirements for exercise of the activity.

ARTICLE 170. WORK AND LABOUR RELATIONS
  1. The Generalitat has executive power in matters of work and labour relations. This power includes in any case:
    1. Labour relations and working conditions.
    2. Active employment policies, which include the training of jobseekers and active workers, and also management of the appropriate subsidies. The Generalitat participates in training plans or activities that extend beyond the territory of Catalonia.
    3. Professional qualifications in Catalonia.
    4. Employment brokerage, which includes regulation, authorisation and control of employment agencies with head offices in Catalonia.
    5. Collective negotiation and registration of collective bargaining agreements.
    6. Procedures for regulating employment and for administrative action in collective transfers between work centres located in Catalonia.
    7. Prevention of work risks, and health and safety in the workplace.
    8. Power to apply sanctions for infringement of the social order, within its jurisdiction.
    9. Determining minimum services for strikes that take place in Catalonia.
    10. Ensuring the legality of and, if necessary, the subsequent registration of collective bargaining agreements for companies that exercise their activity exclusively in Catalonia.
    11. Labour conciliation, mediation and arbitration instruments.
    12. Preparation of the holiday calendar for the whole territory of Catalonia.
  2. The Generalitat has executive power over public inspection in all matters regulated by this Article. To this end, the civil servants of the corps performing this function are structurally and functionally accountable to the Generalitat. Formulas guaranteeing effective exercise of the inspection function in the social sphere shall be established by means of the cooperation mechanisms determined by Title V.

ARTICLE 171. TOURISM
The Generalitat has exclusive power in matters of tourism. This power includes in any case:
    1. Organisation and planning of the tourism sector.
    2. Promotion of tourism, which includes the signing of agreements with foreign organisations and the creation of offices abroad.
    3. Regulation and classification of tourism companies and establishments, and management of the network of Generalitat-owned tourism establishments. With a view to facilitating coordination between these establishments and those of the State network of Paradores Nacionales located in Catalonia, the Generalitat participates, in the terms established by State legislation, in the governing bodies of the Paradores de Turismo de España.
    4. Regulation of the specific rights and obligations of users and providers of tourist services and of alternative means for conflict resolution.
    5. Teaching and training in tourism that do not lead to the award of an official qualification.
    6. Establishment of criteria, regulation of conditions and implementation and control over public funds for assistance and promotion of tourism.

ARTICLE 172. UNIVERSITIES
  1. In matters of university education, the Generalitat has exclusive power, without prejudice to university autonomy, over:
    1. Planning and coordination of the Catalan university system, in the framework of the general coordination.
    2. The decision to create public universities and authorise private universities.
    3. The approval of statutes of the public universities and of rules for organisation and functioning of the private universities.
    4. Coordination of the procedures for access to the universities.
    5. The legal framework governing the university own qualifications, in accordance with the principle of university autonomy.
    6. Its own funding for universities and, where appropriate, management of State funds for university education.
    7. Regulation and management of its own grants and subsidies system for university education and, where appropriate, regulation and management of State funds in this area.
    8. The system of remuneration of teaching and research staff employed by the universities and the establishment of additional remuneration for teaching staff in permanent public employment.
  2. In matters of university education, the Generalitat has shared power, without prejudice to university autonomy, over all matters not referred to in Section 1 above, which include in any case:
    1. Regulation of the requirements for the creation and recognition of universities and university centres, and attachment of these centres to universities.
    2. The legal system for organisation and functioning of the public universities, including the governing and representative bodies.
    3. Appointment and withdrawal of the capacity of public or private teaching centres to issue official university qualifications, and creation, modification and abolition of university centres in public universities, and also recognition of these centres in private universities and the introduction and abolition of teaching subjects.
    4. Regulation of the system of access to the universities.
    5. Regulation of the system governing contracted and permanent teaching and research personnel.
    6. Evaluating and ensuring the excellence and quality of university education, and also that of teaching and research personnel.
  3. Executive power over issue of official university qualifications.

ARTICLE 173. VIDEO AND SOUND SURVEILLANCE AND RECORDINGS

The Generalitat has responsibility for use of video and sound surveillance, recordings or other similar means, implemented by the police of Catalonia or by private companies or establishments in the public sphere. The Generalitat shall exercise this power while respecting the fundamental rights.

Legal notice | Accessibility | About gencat | © Generalitat de Catalunya