Agreement for the year 2021 between the Government Delegation for the National Plan on Drugs and the Autonomous City of Ceuta in matters of drug addiction and charged to the confiscated property fund
On the one hand, Mr. Juan Ramn Villalb Hereter, Government Delegate for the National Plan on Drugs, appointed by Royal Decree 1002/2020, of November 10 (BOE number 297, of November 11) in the name and on behalf of the Ministry of Health , in accordance with the provisions of section nineteen point 3, of Order SND / 1039/2021, of October 7, on setting limits to administer certain credits for expenses, to grant subsidies and delegation of powers of delegation of signature in the head of the Government Delegation for the National Plan on Drugs.
On the other, Mr. Alberto Ramn Gaitn Rodrguez, Minister of Health, Consumption and Governance of the City of Ceuta, duly empowered for this act by the Decree of the Hon. Mr. President of the Autonomous City of Ceuta, dated February 12, 2021, published in the Official Gazette of the City of Ceuta (BOCCE Extraordinario n.or 14) on February 12, 2021.
That at present the Government Delegation for the National Plan on Drugs and the Adjudication Coordination Table are attached to the Ministry of Health, in accordance with the provisions of the items 2 and 6 of Royal Decree 735/2020, of August 4, by which the basic organic structure of the Ministry of Health is developed, and the Royal Decree 139/2020, of January 28, which establishes the basic organic structure of the ministerial departments and the Regional Ministry of Health, Consumption and Governance, of the Autonomous City of Ceuta develops the competences in this matter.
That the Award Coordination Table, in a meeting held on May 14, 2021, based on the powers conferred in the Article 6 of Law 17/2003, of May 29, which regulates the Fund for assets seized for illicit drug trafficking and other related crimes, agreed to assign to the Autonomous City of Ceuta the amount of 119,000.00 euros from the Fund for seized assets.
By virtue of it,
The Autonomous Communities and Cities are recipients of the resources of the Confiscated Property Fund, for the development and execution of drug plans and programs. The Government Delegation for the National Plan on Drugs assumes the financing of the aforementioned programs and the Autonomous City of Ceuta assumes the material commitment of their execution, this being the object of this agreement.
Second Obligations of the parties
That the action of the Minister of Health, Consumption and Governance, of the Autonomous City of Ceuta in 2021 will be specified in the development of the following programs to be implemented by said Autonomous City within the framework and in accordance with the objectives established by the National Strategy on Addictions 2017-2024 (approved by the Council of Ministers on February 9, 2018) and with the goals set forth in the Action Plan on Addictions currently in force:
- – Socio-Labor Insertion Program: 64,000.00 euros.
- – RULE: Mobile device for the promotion of Health aimed at the youth population in recreational spaces at night: 44,000.00 euros.
- – SMOKE-FREE CLASS, Prevention of the onset of tobacco use during the pandemic in adolescents of 1. in the Autonomous City of Ceuta: 11,000.00 euros.
That the Ministry of Health (Government Delegation for the National Plan on Drugs) finance the implementation of these programs, as agreed by the Adjudication Coordination Table, with a total of 119,000.00 euros under item 26.18.231A. 458, which for this purpose has been endowed with credits from the Fund of assets confiscated for illicit drug trafficking and other related crimes, in application of the Article 3.1.b) of Law 17/2003, of May 29, regulator of this Fund. The payment of this amount will be made from the moment the agreement takes effect, that is, from the registration in the State Electronic Registry of bodies and Instruments of Cooperation of the State Public Sector, in accordance with the provisions of the Article 48.8 of Law 40/2015, of October 1.
That during the first quarter of the next fiscal year, and, in relation to the funds coming from the Fund for confiscated goods, the Minister of Health, Consumption and Governance of the Autonomous City of Ceuta will send a final report to the Adjudication Coordination Table. evaluation of the development of the programs and a detailed and detailed certification of the expenditure incurred in their execution.
Third Validity and effects
The validity of this Agreement is established from its registration in the State Electronic Registry of bodies and Instruments of Cooperation of the State Public Sector. Likewise, it will be published within 10 days from its formalization, in the Official State Gazette with a duration until December 31, 2021, having the effects in the terms provided in section 8 of the Article 48 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector.
However, the programs mentioned in the second Agreement will be developed by the Minister of Health, Consumption and Government of the Autonomous City of Ceuta during the year 2021.
Fifth Monitoring Commission
To monitor the provisions of this agreement, a Monitoring Committee is constituted made up of two members appointed by each of the signatory parties, who will be chaired by a representative of one of the parties, the other representative acting as secretary, and that will have, among others, the following functions:
- – Carry out, monitor and evaluate the activities carried out under this agreement, as well as the development agreements necessary for this.
- – Solve the problems of interpretation and compliance with respect to the agreement.
The Commission will establish its internal operating rules within the framework provided in the Article 15 and following of Law 40/2015, of October 1, on the Legal Regime of the Public Sector.
The Commission will consider the mechanism for monitoring, surveillance and control of the execution of the agreement for the purposes of Law 40/2015, of October 1, on the Legal Regime of the Public Sector.
Sixth Dispute resolution
Both parties undertake to resolve disputes that may arise in the interpretation or execution of this Agreement through the Monitoring Commission. Failing that, they will be within the jurisdiction of the contentious-administrative jurisdiction.
Eighth Amendment of the Agreement
This Agreement may be modified by mutual agreement of the parties, provided that the modification does not imply an alteration of the financial obligations contained in the Agreement.
This will be done during the term of the agreement, and through the corresponding Amendment Addendum.
Nineth Legal regime
The content of this agreement is subject to the legal regime of agreements provided for in Chapter VI of the Preliminary Title of the aforementioned Law 40/2015, of October 1, on the Legal Regime of the Public Sector.
For the due record of the agreement, it is signed in electronic format by both parties. The Minister of Health, Consumption and Governance of the Autonomous City of Ceuta, Alberto Ramn Gaitn Rodrguez. – The Government Delegate for the National Plan on Drugs, Juan Ramn Villalb Hereter.