Generalitat de Catalunya

One
The Security Committee established in paragraph 6 of article 13 of this Statute must be set up within three months of the appointment of the first Executive council or Government of Catalonia established in accordance with the provisions of this Statute, in order to co-ordinate Spanish and Catalan Government powers on this matter.

Two
Until the Spanish Parliament drafts the laws referred to in this Statute and the Catalan Parliament legislates on the matters within its powers, current Spanish law and provisions concerning these matters will remain in force, without prejudice to their legislative development, as appropriate, and their enforcement, being carried out by the Government of Catalonia in the circumstances provided for in this Statute.

Three

1. Until the transfer of the corresponding services has been completed in accordance with the powers fixed by this Statute for the Government of Catalonia, the Spanish Government will guarantee finance for the services transferred to the Government of Catalonia with a sum equal to the effective cost of the service to Catalonia at the time of the transfer.
2. In order to guarantee finance for the aforementioned services, a Mixed Committee will be created, with equal representation for the Spanish and Catalan Governments, which will adopt a method in order to fix the percentage share established in part 3 of article 44. The method to be followed will take into account both the direct and indirect costs of the services, and also the corresponding investment expenses.
3. The Mixed Committee mentioned in the previous item will fix this percentage, while the transitional period lasts, at least a month in advance of the presentation of the General State Budget to the Spanish Parliament.
4. Based on the method fixed in section two, a percentage will be established which will take into account the effective overall cost of the services transferred from the Spanish to the Catalan government, reduced by the total revenue obtained by the Government of Catalonia through the taxes transferred in relation to the sum of the income obtained by the Spanish government in sections I and II of the last budget prior to the transfer of the services evaluated.

Four
Until there is a law in Catalonia to regulate the procedures for elections to the Catalan Parliament, it will be elected in accordance with the following rules:

1. With prior agreement from the Spanish government, the Executive council of the Government of Catalonia will call elections within a maximum of fifteen days counted from the promulgation of this Statute. The elections must be held within a maximum period of sixty days from when they are called.
2. The electoral districts will be the four provinces of Barcelona, Girona, Lleida and Tarragona. The Catalan Parliament will be made up of 135 members, of which the Barcelona district will elect one member for each 50,000 inhabitants, with a maximum of 85 members. The districts of Girona, Lleida and Tarragona will elect a minimum of six members, plus one for each 40,000 inhabitants, and they will be attributed 17, 15 and 18 members respectively.
3. The members will be elected by equal, direct and secret universal suffrage of persons aged over eighteen, according to a system of proportional representation.
4. Within the limits of their respective jurisdictions, the Provincial Election Committees will have the full powers attributed by current election rules to the Central Election Committee. For appeals whose purpose is to challenge the validity of an election and the proclamation of elected members, the Administrative Disputes Chamber of the Barcelona District Court will have jurisdiction until it is integrated into the High Court of Justice of Catalonia, which will also hear appeals against resolutions of the Provincial Election Committees or challenges to them.
   There can be no appeal against the aforementioned Chamber of the District Court.
5. The rules applying for elections to the lower house of the Spanish Parliament will apply for all points not covered in this provision.

Five

1. Once the results of the elections have been proclaimed, the first Parliament of Catalonia will be constituted within a maximum period of eight days, with a presiding committee established according to age, with a chairman and two secretaries, and will immediately proceed to elect the provisional presiding committee. This will be made up of a chairman (the speaker), two vice-chairmen and four secretaries.
2. In a second session, which will be held no more than ten days after the end of the constitutive session, the speaker, having consulted the spokespersons appointed by the political parties or groups with parliamentary representation, will propose, from among the members of Parliament, a candidate to be President of the Government of Catalonia and, after a debate, will proceed to a vote.
3. To be elected President of the Government of Catalonia, the candidate will have to obtain the votes of an absolute majority of members of the Parliament. This election will, at the same time, constitute approval of the Government's programme and the composition of the Executive council proposed by the chosen candidate.
4. If no such majority is achieved, the same candidate may be submitted to a second vote forty-eight hours after the first one, in which an absolute majority is also required for election as President. If an absolute majority is not achieved in the second vote either, the same candidate may be submitted to a third vote forty-eight hours after the previous one and will be elected President if he or she obtains the vote in favour of a simple majority of members.
5. If, after this third vote, the candidate is not elected, the procedure will have to be restarted with another candidate designated under the terms of part 2 of this transitional provision.
6. If, two months after the first vote, no candidate has obtained the confidence of Parliament, it will be dissolved and new elections will be called within fifteen days.
7. Once the first President of the Government of Catalonia has been elected, the government will be organised as established in this Statute and the President and ministers appointed under the provisions of Royal Legislative Decree 41/1977, 29 September.

Six
The transfer of services inherent in the powers which, according to this Statute, correspond to the Government of Catalonia, will be carried out in accordance with the following rules:

1. Once the Executive council or Government of Catalonia has been constituted, within a maximum period of a month, a Mixed Committee will be appointed, charged with drawing up an inventory of the Spanish government assets and rights that must be subject to transfer to the Government of Catalonia, specifying the services and institutions that must be transferred and proceeding to adapt, if necessary, those which will pass to the Government of Catalonia.
2. The Mixed Committee will be made up equally of members appointed by the Spanish and Catalan governments, and it will establish its own operational rules. The resolutions of the Mixed Committee will take the form of proposals to the Spanish government, which will approve them by decree, and these resolutions will appear as appendices to the decree and will be published simultaneously in the official Spanish and Catalan government gazettes, coming into force on their publication dates.
3. The Mixed Committee will establish the schedules and terms for the transfer of each service. In all cases, the aforementioned Committee will have to determine, within two years of the date it is established, the period within which the transfer of all services corresponding to the Government of Catalonia will have to be completed, in accordance with this Statute.
   
4. Certification by the Mixed Committee of duly promulgated government resolutions will be sufficient title for the entry in the Property Registry of the transfer of Spanish government property to the Government of Catalonia. This certification must contain the requirements demanded by mortgage law. The change in the name on tenancy agreements for premises containing public offices for the services transferred will not give the landlord the right to extinguish or renew the contract.
5. Civil servants attached to Spanish government services or other public institutions that may be affected by transfer to the Government of Catalonia will pass to the latter, and all rights of any kind corresponding to them at the time of their transfer will be respected, even their right to take part in competitive transfer selection procedures held by the Spanish government under equal conditions with other civil servants. In this way they can exercise their permanent right of choice.
   Until the Government of Catalonia has approved the statutory system regulating its own civil servants, current Spanish government provisions on this matter will apply.
6. The Government of Catalonia will assume, definitively and automatically, and without an interim solution, any services that have been transferred to it between 29 September 1977 and the time when this Statute comes into force. Concerning powers in the course of being transferred, the process will continue, in accordance with the terms established in the corresponding transfer decree. In either case, the transfers being carried out will be adapted, if necessary, to the terms of this Statute.
7. The Provincial Councils of Barcelona, Girona, Lleida and Tarragona may transfer or delegate to the Government of Catalonia, in accordance with the provisions established in local government legislation, services which, because of their nature, require co-ordinated planning, and may retain the operation and management of these same services.
8. The Mixed Committee created in accordance with article 3 of the Royal Decree of 30 September 1977, will be considered to be dissolved when the Mixed Committee mentioned in part 1 of this transitional provision is constituted.

Seven
The transfers that must be made in the field of education to pass the services and centres belonging to the Spanish government in Catalonia to the Government of Catalonia will be carried out in accordance with the schedules and programmes set by the Mixed Committee.

Eight
Concerning television, the application of part 3 of article 16 of this Statute involves the Spanish government granting the Government of Catalonia the concession to use a third, state-owned channel, which must be set up specifically to be broadcast in the territory of Catalonia under the terms of the aforementioned concession.
Until this new television channel is operating effectively, Radiotelevisión Española (RTE) will establish a transitional system of programmes specifically for the territory of Catalonia through its organisation in Catalonia, which will be broadcast by Spanish television on the second channel (UHF).
The cost of the specific television programming referred to in the previous paragraph will be considered as the basis for determining the subsidy that may be granted to the Government of Catalonia during the first two years of operation of the new channel referred to in this transitional provision.