Act 10/2010 of the 7th May, on reception for immigrants and returnees to Catalonia
PREAMBLE
I. Immigration in Catalonia
The preamble to the Statute of Autonomy of Catalonia emphasises the substantive importance of the contributions of different peoples to the existence and the very being of the country: «Catalonia has been shaped over the course of time through the contribution of the energy of many generations, traditions and cultures, which found in Catalonia a land of welcome. [...] Catalonia is a land rich in territories and peoples, a diversity that has defined and enriched it over the centuries and that strengthens it for the time to come. Catalonia is a community of free persons for free persons, in which each individual may live and express diverse identities, with a firm commitment to community based on respect for individual dignity. The contribution of its citizens has shaped an integrating society».

While the Statute of Autonomy very explicitly recognises that the fact of the existence of Catalonia as a nation is based on its profile as a «land of welcome», i.e. as a community built from the constant arrival and stabilisation of new peoples and their mixing or integration with previously established peoples, it also needs to be borne in mind that the first stage of this stabilisation, settlement or residence of the new arrivals – immigrants or returnees – in the host country is especially important. It is thus necessary to make provision for and organise reception activities for this first stage. These actions should be an investment for the future that the host country and immigrants alike must be willing to make. Reception activities provide people who need them with a first chance to acquire the basic skills required to achieve personal autonomy, and the effort must therefore be worthwhile. The benefit to society is the fact that immigrants and returnees become people who are better prepared and freer and therefore more able to take part in and contribute to the enhancement of society. From this standpoint there is a social need to draw up reception legislation, which is the responsibility of the Catalan Parliament as indicated by letter d of Article 138.1 of the Statute of Autonomy. The Act creates the reception service.
The formalisation of the reception process established by this Act also means that Catalan society accepts migration, its persistence over time and the need to manage it as a process with all its challenges and opportunities, as another social process that has to be managed and whose existence is after all unquestionable. Nonetheless, it should be reiterated that immigrants who come to Catalonia must have the right papers, so this Act puts special emphasis on the fact that reception as a service can be provided by offices abroad.
II. Entitlement to access the service
Article 15.3 of the Statute of Autonomy establishes the possibility that the rights the Statute confers on the citizens of Catalonia, in other words the Catalans as people who have citizenship in Catalonia, where this means Spanish nationals with administrative residence in Catalonia, may be extended to «other individuals».
Parliament affirmed the principle that citizenship, where this means having full rights and duties, should be extended to all people living in Catalonia, if not instantly or immediately then as a commitment by the Catalan Administrations through the propensity to universalise, or extend to everyone, the policies, services and benefits that seek to promote equality and social cohesion. Along the same lines, on 28 June 2005 the Catalan Administrations approved the Citizenship and Immigration Plan 2005-2008. This Plan, in keeping with the Statute of Autonomy and anticipating what the latter would later establish, refers to the principle of «resident citizenship» when it says that in this context it is important to promote an approach to citizenship based on physical residence and the commitment of a person to remaining in an effective and stable way in a particular social environment and wishing to form part of it.
On the other hand, however, it should be noted that the basic conditions for the exercise of the rights and duties of people who do not have Spanish nationality are regulated by State legislation. The Organic Act 4/2000, of 11 January, on Aliens (Rights, Freedoms and Social Integration in Spain) within the framework of Article 13 of the Spanish Constitution, confers a greater or lesser degree of exercise of these rights depending on whether the person is resident with a work permit, resident without a work permit or does not have a permit. This applies, for example, to the right to work, which is reserved for resident aliens with a work permit, or the right to housing benefit, which is reserved for people who have a residence permit. This distinction is crucial, especially bearing in mind that many foreign people live and work in Catalonia (and in Spain as a whole and in many parts of Europe) for considerable periods of time in an irregular administrative situation. In this legal framework and given this social situation, the Act firstly sets up the first reception service as part of the reception service, and then secondly states who is entitled to access this service.
With respect to reception, the Act does not extend or restrict the rights of foreigners. Instead it creates the first reception service and a corresponding right of access which is a subjective public administrative right. As the purpose of the service is to foster people’s autonomy, there are not nor can there be new alien rights but rather efforts must be made to ensure that pre-existing rights, which are not exclusive to Spaniards or foreign residents but instead are held by all, can be exercised with greater assurance; this is the case of the right to dignity and the free development of personality, fundamental under the Constitution, and of personal capacity, in accordance with the provisions of Articles 10.1 of the Constitution and 15.2 of the Statute of Autonomy.
The powers of the Generalitat to regulate a service of this kind are based on several titles in which it has exclusive powers. The first one is the exclusive power regarding the first reception of immigrants, as stated in letter a of Article 138.1 of the Statute of Autonomy. It also has other exclusive powers, such as those over the use of Catalan and the social services, established by Articles 143.1 and 166.1 of the Statute respectively. With respect to powers over the social services, Article 14.3 of Organic Act 4/2000 recognises the right of access to basic social services for all foreigners as right holders and thus without requiring them to be residents.
Reception services consist of the first reception service and public specialised reception programmes. The latter do not require any specific access rights but rather they are designed to tailor the provision of certain services to the particular features of certain segments of users, which is done through administrative mechanisms which harmonise actions. Specialised reception programmes may not entail the setting up of a network in parallel to regular information and training pathways, and whenever possible people to whom these programmes are addressed should be moved into the common system of resources, facilities, projects, programmes and services.
The Act specifies which people are entitled to use the first reception service in two ways. Firstly, it is an obligation of government to ensure the availability of the service, but only for foreigners (immigrants, asylum seekers, refugees), stateless people and returnees from when they are included on the population register, as well as for people who are still not in Catalonia from when they file an application for a residence or other permit for a period exceeding ninety days. The requirement for inclusion on the population register is consistent with the ​​obligation of citizens to register, from which time they are considered to be residents and may request the provision of the services within the remit of municipalities, as provided for in Article 39.1, letter g of Article 43.1 and Article 43.2 of Legislative Decree 2/2003, of 28 April, which enacted the Rewritten Text of the Catalan Local Authority Regulation Act. The inclusion on the population register requirement is also introduced because it is believed that the possibility of providing a new public service to foreigners who are not on the population register is not the best way to reduce the number of situations of administrative irregularity.
Secondly, and under the principle of autonomy for the defence of the interests of the community they represent in accordance with Article 86.3 of the Statute of Autonomy, it opens the door to the possibility that municipalities can also provide first reception services to people included on the population register who are foreigners or returnees.
III. Reception in the framework of European policy
The Reception (Immigrants and Returnees to Catalonia) Act is a first regulatory law which implements the new powers conferred by the Statute of Autonomy. It is the first law of its kind in Catalonia and also the first in Spain as a whole. Previously, the lack of substantive jurisdiction had not prevented the setting up of the Secretariat for Immigration, the Interdepartmental Immigration Committee and the Immigration Advisory Council, now turned into the Citizenship and Immigration Board (by Decrees 293/2000, 125/2001 and 86/2008 respectively), although these are organisational mechanisms that have been restricted to advisory, coordination, planning and information transfer tasks. With the entry into force of the Statute of Autonomy of 2006, however, Catalonia can now legislatively build a comprehensive framework for reception.
Most likely the word ‘reception’ first came into institutional use in a parliamentary debate during the 6th Legislature in 2002 about a bill to set up a reception charter for new arrivals to Catalonia. Later on it was also included, by that stage as a government commitment, in the Government Plan 2004-2007 of September 2004, a commitment that began to take shape with the Citizenship and Immigration Plan 2005-2008 and specifically in Section IV.1 on reception policy. The setting up of the reception service was also decided in measure 24 of the National Agreement on Immigration, signed on 19 December 2008.
Also significant as a milestone is the European Council meeting at Thessaloniki in June 2003, when heads of state and government of the European Union agreed on the importance of carrying out programmes for cooperation, exchange of experiences and information about integration within the Union for mutual learning. As a result of this agreement, and based on a series of seminars organised by the ministries responsible for immigration in the various European countries, in November 2004 the European Commission’s Directorate-General for Justice, Freedom and Security brought out its «Handbook on Integration for Policy Makers and Practitioners» which inter alia includes a number of good practices and recommendations in the field of reception. This Act is inspired, for example, by the finding in the Handbook about the fact that the reception programmes of European Union member state governments «generally consist of three main components: language training, civic guidance courses and professional job training». It is also important to refer to the fourth of the «Common Basic Principles for Immigrant Integration Policy in the European Union», approved by the Council of Ministers of Justice and Home Affairs of the European Union on 19 November 2004 and accepted by the European Council of 16 and 17 December in the same year. This principle states that the basic knowledge of the host society’s language, history and institutions is indispensable to integration and that enabling immigrants to acquire this basic knowledge is essential to successful integration. It adds that the importance of this basic knowledge is reflected in the increasing emphasis placed by several Member States on introductory programmes.
IV. Reception and integration
Reception should not be viewed as the full integration process. As defined by the Act, and according to the European Commission’s November 2004 «Handbook on Integration», it is the first step in a process lasting several years and which in many cases goes beyond the acquisition of nationality or the second or third generation. Reception services are not intended to meet all the personal and social needs of their recipients; not those of the first stage, reception per se, nor those of later stages. Reception services have to coexist with other possibilities, such as social services, inclusion housing, social and occupational integration, education, healthcare and so on.
In this respect the Act is not intended to list rights in each field (education, health, language training, work, etc.) as this forms part of the relevant sector laws and, where appropriate, a future integration law, also determined by the Statute of Autonomy. This Act regulates rights in its own sector, the right to a reception service under the terms and with the content defined in it.
V. Shared responsibility and powers
The responsibility for integration and therefore for reception is not only held by newcomers. It is a shared responsibility of both immigrants to Catalonia and the Catalans themselves, as stated by the first of the Common Basic Principles for Immigrant Integration Policy in the European Union: «Integration is a dynamic two-way process of mutual accommodation by all immigrants and residents of member states». However, along with this the Act clearly accords the obligation to ensure the provision of services to local government bodies and the Generalitat and establishes their powers.
The measures taken by civil society and Public Administration bodies, especially at the local level, to foster the integration and indeed also the reception of immigrants began more than two decades ago and have been absolutely essential to coexistence and social cohesion. As one of the principles of reception management, the Act states the responsibility of governments and all social sectors and establishes the economic and technical cooperation mechanisms required to structure this joint responsibility. Society has undertaken numerous very important initiatives through associations, unions, businesses, foundations and private individuals. As for individuals, recognition first of all has to be given to the efforts of the newcomers themselves, as well as the effort of many Catalans who have met real needs through voluntary work or NGOs.
It must also be recognised and appreciated that since the 1980s Catalan local organisations have taken on reception responsibilities, many of which have been translated into genuine best practice and had the value or significance of starting up the current model of public reception and integration policies. However, this work has been carried out without an increase in funding running in lockstep with a rise in outlay to meet the demand for services from more residents, and also without explicit recognition of powers. As for the Generalitat and also concerning funding, even now immigration is not a substantive standard for service funding. This situation was partially remedied with the State Fund to support the reception and integration of immigrants, which since 2005 has been part of the general budget of the State and whose existence is due to an agreement sponsored by Catalonia at that time.
Local governments in Catalonia have their own powers in immigrant reception policy, bearing in mind their management capacity, sector laws passed by Parliament (in this case the Reception Act) and the principle of financial capacity, as determined by letter m in Article 84.2 and Article 84.3 of the Statute of Autonomy. The need for a law to determine local powers is also indicated in Article 9.1 of Legislative Decree 2/2003. Furthermore, the Generalitat, in accordance with letter b in Article 160.1 of the Statute of Autonomy, has exclusive authority in determining the powers and jurisdiction of municipalities and other local government bodies in the areas specified in Article 84 of the Statute. In terms of economic resources, the Act provides for cooperation and establishes the obligation of the Generalitat to ensure their financial capacity.
In addition to reception powers in their strict sense, the Act also includes others arising from the recognition of tasks that the Administration of the Generalitat has been carrying out for years and which are the result of the logical growth of government responsibility into areas connected with or inseparable from reception, including integration, raising awareness, employment, university training and research, vocational training and qualifications, data analysis, voluntary return, remittances and participation. It also sets out powers inter alia in policy design, intra- and inter-governmental coordination, planning, development and monitoring of European and international policy.
Organic Act 2/2009, of 11th December, amending the Aliens (Rights, Freedoms and Social Integration in Spain) Organic Act 4/2000, of 11th January, acknowledges the participation of the Autonomous Communities in drawing up reports to accredit the integration of immigrants through doing occupational and cultural integration programmes, whether for the award of residence permits or the granting of nationality. Accreditation for having taken part in the reception service, which is an indicator of integration effort, has effect in these administrative proceedings according to the law. The measures set out in letters a, b and c of Section 41.1 of the National Agreement on Immigration encourage the participation of the Generalitat in the establishment of facts concerning integration and accreditation of these facts in cases where this is required by regulations. The Agreement considers that knowledge of the host society, finding work and speaking the language are basic tools for integration.
VI. Organisation system
The administrative organisation of the Generalitat’s immigration policy began to be built in 1992. That year a Government agreement set up the Interdepartmental Immigration Committee to monitor and coordinate actions in this area. Pursuant to the functions and tasks performed by the Commission, on 28 September 1993 the Government approved the first Interdepartmental Immigration Plan along with Decree 275/1993, of 28 September, which set up the Interdepartmental Immigration Committee and its Advisory Board. Over subsequent years, this system was developed and updated by various decrees (specifically Decrees 176/1994, 194/1998, 71/2000 and 228/2000). Particularly important was Decree 293/2000, of 13 July, which set up the Secretariat for Immigration, the first time a specific body for managing migration policies, at the time part of the Department of the Presidency, had been established. As a result the Act not only has to lay down the powers of the Generalitat and local government bodies but also has to set up new organisations or rearrange some of the currently existing ones in order to put in place an integrated system of organisations and functions in Catalonia.
Even so, in addition to rearranging and rounding off the Generalitat’s institutional system for managing its new statutory responsibilities for the reception and integration of immigrants, there is also a need to move towards comprehensive institutional management of human movements, which would be limited if it were restricted to foreign immigration. Hence authority over the social integration of asylum seekers, refugees and stateless people is asserted for the first time based on the exclusive jurisdiction contained in Article 166 of the Statute of Autonomy, while in addition powers with respect to returnees are built into the institutional system. Since 2002, the Generalitat launched a public benefits and reception service for Catalan emigrants and their descendants through the Return of Catalan Emigrants and their Descendants (Support Measures) Act 25/2002, of 25 November, and by which Act 18/1996 was also amended for the second time. The corresponding administrative structures were attached to the Secretariat of Immigration during the 7th Legislature. It seems appropriate, for reasons of efficiency, systematisation and gaining a comprehensive view of policy, that as far as possible the Act should include the structures and regulations that affect both Catalan returnees and foreign immigrants to Catalonia.
VII. Content of the Act
The Act is divided into three titles. Title I, general provisions concerning reception, is divided into four chapters: Chapter I contains provisions on the purpose and object of the Act, definitions, system and principles; Chapter II, concerning the first reception service, contains provisions on the right of access, content, structure and other aspects of the service, certification of acquired knowledge and the people responsible for service delivery; Chapter III contains provisions on specialised reception programmes and measures for the participation of companies and other entities, and Chapter IV establishes the need for qualified professionals to carry out the actions laid down by the Act. Title II is divided into three chapters: the first contains provisions about the powers of Public Administration bodies; the second contains provisions about planning, cooperation and coordination, and the third provisions about financing. Title III about institutional organisation is divided into three chapters: the first covers the organisation of the department responsible for immigration, the second develops the basic provisions of each of the bodies, and finally the third creates the Catalan Migration Agency.
The final part of the Act contains eight additional provisions, a transitory provision and two final provisions. The first additional provision refers to the special characteristics of Aran, the second provides for the validation of training activities undertaken by schools, criminal justice services, juvenile justice centres and shelters for abandoned children; the third regulates cooperation with the General Administration of the State, the fourth contains an amendment of Act 25/2002 and Decree 268/2003, the fifth sets up a joint committee between the Generalitat and local government bodies to facilitate coordination and cooperation; the sixth prescribes the need for specific training about the rights of certain groups for personnel who perform reception work, the seventh provides for the progressive introduction of the first reception service, and finally the eighth sets out the need to adapt citizenship and immigration plans to conform with the Act. The transitory provision specifies that the powers assigned to the Catalan Migration Agency shall be exercised by the authority with jurisdiction over immigration until the Agency’s bylaws are enacted. Finally, the first final provision empowers the Government to implement the Act while the second final provision states the date when it comes into force.
TITLE I. General provisions concerning reception
CHAPTER I. Object, definitions, system and principles
Article 1. Object and purpose
1. The object of this Act is to establish and regulate a first reception service for immigrants and returnees to Catalonia which is part of immigration policy and to set up the Catalan Migration Agency.
2. The purpose of this Act is to promote autonomy and equal opportunities for immigrants and returnees to Catalonia and to remove the barriers thereto, due mainly to a lack of basic language skills and ignorance of Catalan society and its legal system, in order to give effect to the principle of equality and achieve greater social cohesion.
Article 2. Definitions
For the purposes of this Act, the following words shall have the meanings given below:
a) Reception: the first stage of the integration process of a person in the society in which they settle with the intention of remaining there on a stable basis.
b) First reception service: the public and private resources, facilities, projects and programmes designed to ensure that the initial training and basic information requirements of foreign immigrants, asylum seekers, refugees, stateless people and returnees are met in order to promote their personal autonomy, equality of opportunity and the cohesion of Catalan society.
c) Specialised reception programmes: the instrument by which the Administration of the Generalitat or local government bodies decide practical and coordination principles in order to tailor their provision of public or private resources, facilities, projects, programmes and services to the specific needs of foreign immigrants or returnees who are their users. These programmes may not entail the setting up of a network in parallel to regular information and training pathways, and whenever possible people to whom these programmes are addressed shall be moved into the common system of resources, facilities, projects, programmes and services.
Article 3. Reception services
Reception services are divided into:
a) First reception service.
b) Specialised reception programmes.
Article 4. General principles of reception services
Reception services are governed by the following general principles:
First. Access. Reception entails the right of access to services, that is the access of each person to resources, facilities, projects and programmes, as well as the corresponding obligation of the Catalan authorities to guarantee everyone has access to them under the terms established by this Act.
Second. Promoting personal autonomy and equality of opportunity. Reception services are designed to promote personal autonomy and foster effective equality and fairness by eliminating arbitrary conditions or circumstances.
Third. Temporariness. Reception is a temporary process whose purpose is the promotion of personal autonomy and equality of opportunity, for which reason the right of access can be restricted to specific periods in relation to when the user begins to reside in Catalonia.
Fourth. Normality. Reception shall be carried out through existing services, resources, facilities, projects and programmes, preferably through regular information and training networks. Parallel structures shall be set up only and exclusively to meet the need for a specific response to temporary needs.
Fifth. Differentiated approaches. Reception services shall support differentiated approaches or specificities that take into account the heterogeneity of the holders of rights according to age, origin, gender, abilities and educational level.
Sixth. Gender perspective. Reception services shall include the gender perspective as a tool for analysis and planning.
Seventh. Promotion of citizens. Reception services shall disseminate and promote knowledge of the rights and duties that citizens have as a result of forming part of the community and also encourage their participation and commitment to society.
Article 5. Management principles for reception services
The management principles for reception services are as follows:
First. Responsibilities of Administrations and all social sectors. The Catalan Public Administrations and all social sectors provide reception services under the terms established by this Act.
Second. Cross-cutting. Reception services are an integrated service and follow common principles and lines of work.
Third. Coordination. Public Administration bodies and private entities shall act in a coordinated way when providing reception services.
Fourth. Subsidiarity. The level of Public Administration bodies closest to the user shall provide reception services. Higher levels of government shall intervene in the event of insufficiency in or a lack of a local response.
Fifth. Territoriality and differentiation. Reception services, without prejudice to the provisions of Article 7.2, shall be deployed across the entire territory of Catalonia through the administrative organisation of the Generalitat, local government bodies, social stakeholders and private entities. Services shall take into account the different demographic, functional, organisational, size and area management capacity characteristics of each local authority.
Sixth. Efficiency. Public Administration bodies responsibles for reception services shall make efficient use of resources, facilities, projects and programmes, leveraging existing resources and avoiding duplication between reception service providers in the same area.
Seventh. Organisational flexibility. Services shall be flexible enough to meet the needs of users.
Eighth. Qualifications and expertise. Services shall be provided by people who have the necessary qualifications and expertise that shall be specified by the implementing regulations of this Act, as provided for in Article 17.
Ninth. Civic participation. The operation of reception services shall incorporate citizen participation, particularly by migrants and returnees, into its scheduling, monitoring and evaluation. In particular it shall encourage the participation of women.
Tenth. Budget allocation. It entails the commitment to provide funding to the services so they can be properly delivered.
Eleventh. Assessment. Reception service providers shall put in place procedures for assessing the quality and delivery of services, referral and coordination procedures and the impact of the services in fostering the personal autonomy of users.
Twelfth. Protection of personal details and protection against discrimination. Holders of the right of access to services are entitled to the protection of their personal details and protection against discrimination arising from the use of these details or the operation of the services, pursuant to data protection, immigration and criminal legislation.
Article 6. Delivery subject to the principles of the service and its management
Local government bodies, the Administration of the Generalitat, social stakeholders and private entities shall provide reception services in accordance with the principles referred to in Articles 4 and 5.
CHAPTER II. First reception service
Article 7. Right of access to the service and holders of that right
1. Foreign immigrants, asylum seekers, refugees, stateless people and returnees are entitled to access the first reception service.
2. The first reception service may be provided in the countries of origin of immigrants.
3. The right of access to the first reception service begins abroad when the person obtains a residence or other permit for a period exceeding ninety days for Catalonia.
4. The right of access to the first reception service begins in Catalonia from when the person is included on the population register or, where applicable, from when an asylum application is filed.
Article 8. Structure and contents
1. Immigrants and returnees have equal access to the education system in Catalonia up to the age of compulsory education. To this end, the department responsible for education carries out reception activities to facilitate their full integration into the Catalan educational system and to ensure better and quicker attainment of knowledge and content.
2. For first reception service entitled users after the age of compulsory education:
a) The first reception service consists of structured training and information schemes based on the initial knowledge needs assessment of the person entitled following pathways tailored to those needs together with referrals to other public or private services.
b) Training activities are conducted without prejudice to the functions assigned to the department responsible for adult education.
c) The minimum contents of training are:
– Basic language skills.
– Labour knowledge.
– Knowledge about Catalan society and its legal framework.
3. Everything concerning content and the means of conveying knowledge and skills referred to in Section 2.c shall be established by regulation after consultation with social stakeholders and local authorities through their representative bodies.
Article 9. Basic language skills
1. Over the course of the process of integration into Catalan society, people holding the right of access to first reception services must acquire basic language skills in Catalan and Spanish.
2. The first reception service shall provide the training and resources needed to acquire basic skills in Catalan to people holding the right of access to first reception services and who do not speak the language, wherever possible through the Consortium for Language Normalisation.
3. The minimum baseline to be achieved in terms of the language skills referred to in the Common European Framework of Reference for Languages established by the Council of Europe shall be set by regulation.
4. Catalan, as Catalonia's own language, is the common language for implementing reception and integration policies. It also is the language of training and information, a basic instrument for full integration in the country. To that end, the language learning offered by first reception services shall begin with the acquisition of basic skills in Catalan.
5. Once Catalan language training has been completed, the first reception service shall offer training to acquire basic skills in Spanish to those people who have attained basic skills in Catalan and request or require it.
Article 10. Labour knowledge
1. Holders of the right of access to first reception services must be able to achieve sufficient basic knowledge to enable the full realisation of their employment rights and duties in terms of accessing the labour market, the performance of their job and their career development.
2. Knowledge shall be based on the labour legal system. They must also know about the employment services provided by the agency that manages employment, municipal and officially approved services.
3. The department responsible for employment, in coordination with the department responsible for immigration, shall map out training schemes for labour knowledge and draw up their content, which shall include the labour legal system and information about employment services provided by the agency that manages employment, municipal and officially approved services.
4. The department responsible for immigration, in coordination with the department responsible for employment, shall map out training schemes for immigration knowledge and draw up their content.
Article 11. Knowledge about Catalan society and its legal framework
Holders of the right of access to first reception services must be able to achieve basic practical knowledge in the following areas:
a) The fundamental social, recreational, cultural, geographical and historical aspects and socio-linguistic situation of Catalonia and the town where they are included on the population register and its county (comarca) as well as the fundamental characteristics of Spain and the European Union.
b) Fundamental rights and duties.
c) Public and private resources as well as the main public services and their duties and rights as users or potential recipients of grants and benefits.
d) The operation of the political and administrative system, encompassing opportunities for participation in politics and civil society.
e) The knowledge needed to become and remain legally entitled to live in Catalonia, especially in terms of immigration requirements.
Article 12. Other aspects of the service
1. First reception service information and training schemes shall:
a) Be based on the user’s socio-cognitive level using a methodology tailored to their personal characteristics and the special features of the socio-cultural context. The first reception service shall facilitate the literacy of users who need it through existing adult education programmes or, failing that, through specific literacy programmes that shall be set up. To that end these programmes shall form part of the first reception service.
b) Systematically build in teaching and technological advances, including those in information and communication technology, whether the service is provided at a distance, in a classroom or using any other approved method, in order to optimise learning outcomes and foster all aspects that increase the degree of satisfaction and well-being of the person concerned.
c) Adopt a predominantly communicative approach to encourage the language integration of users.
d) Use the languages ​​of service users in addition to Catalan in information and training activities whenever this may be necessary, and also use them in teaching materials pursuant to the recommendations and technical protocols drawn up for this purpose.
2. The content referred to in Articles 10 and 11 may be partially conveyed in Catalan teaching modules.
Article 13. Official accreditation certificates
1. The Generalitat and local government bodies, within their respective jurisdictions, shall certify that users have carried out the appropriate information and training actions, without prejudice to the functions assigned to the department responsible for adult education.
2. The minimum amount of knowledge referred to in Section 1 shall be established by regulations, subject to the involvement of local government bodies through their associations.
3. The knowledge gained shall be accredited in an official certificate to facilitate access to the labour market and other training opportunities.
4. Official first reception service certificates have legal effect within the jurisdiction of the Generalitat and the local government bodies. Likewise, official certificates of the first reception service and other public services have effect in procedures for immigration, acquisition of nationality and others, pursuant to current legal provisions. Participation in first reception service forms part of the integration process and is recognised as such.
5. The requirements that foreign immigrants and returnees must meet in order to exercise the right to receive financial social benefits and the right of access to public services other than those regulated by this Act are those established by the regulations for each benefit and each service.
Article 14. Obligation, forms of delivery and cooperation with respect to the first reception service
1. The obligation to ensure the availability of the first reception service and to deliver it is held by local government bodies in their respective areas and by the Generalitat in the terms established by Title II.
2. The first reception service may be provided directly or through social stakeholders and non-profit or for-profit private entities in accordance with prevailing financial, budgetary, administrative and procurement regulations, and shall be managed in keeping with the principles laid down in Articles 4 and 5.
3. Social stakeholders and non-profit private entities may become Generalitat and local government bodies partners in the delivery of first reception service. The relationship shall be structured in accordance with the provisions of public sector procurement legislation.
4. On receipt of notification of the decision granting inclusion in the population register, city councils shall inform each new resident of the municipality that they are entitled to use the first reception service, the existence of this service and how to register for it. Outside Catalonia it is the responsibility of the Catalan offices abroad, either directly or through the cooperation arrangements set out in letter c of the third additional provision, to communicate this information.
CHAPTER III. Specialised reception programmes and the responsibility of companies and other entities
Article 15. Specialised reception programmes
1. The Minister in each department of the Administration of the Generalitat and local government bodies may approve specialised reception programmes within their respective jurisdictions.
2. Specialised reception programmes shall be adopted at least in the following areas: health, education, adult education, justice administration, adult and juvenile criminal enforcement services, social services, children and adolescents, home affairs, language policy, tax services, citizen service, employment, civil service, universities, tourism, culture and the media.
3. Each of the specialised reception programmes shall be implemented in coordination with the first reception service and the Generalitat departments concerned.
Article 16. Measures of companies and other organisations
1. In order to give effect to the principle of equality, the Administration of the Generalitat shall promote the establishment of non-discrimination measures in relation to immigrants and returnees by companies and other organisations.
2. Non-discrimination and affirmative action measures shall be taken with the participation of the legal representatives of workers and shall encompass both access to a job and also the establishment of working conditions, including temporary or seasonal work, under applicable labour legislation.
3. The measures referred to in Section 2 may include:
a) Promoting first reception service activities during the workday.
b) Promoting diversity management programmes in order to adapt to the cultural and organisational changes that may be generated by the presence of immigrant, stateless or returnee workers. In this respect, the goals and actions in the programmes shall also be addressed to union representatives, human resource managers, managerial staff and to all workers in general.
c) The implementation of financial, commercial, labour, welfare and similar measures to promote equality among all workers, whatever their nationality, in each company or organisation and its social community.
4. The measures shall be offered on equal terms, regardless of the nationality of the recipient.
5. Collective bargaining agreements and company agreements may contain clauses designed to drive the measures provided for in this Article.
6. The Administration of the Generalitat and local government bodies may arrange the measures provided for in this Article with companies, entities and social stakeholders and provide financial incentives for them, especially if they implement the measures during the workday.
7. Government procurement authorities may establish in tender specifications that priority will be given in contract awards to bids submitted by entities which, at the time of accreditation of their technical or professional competence, meet any of the provisions of the preceding sections, provided that these bids are equivalent to the most advantageous from the point of view of the objective criteria that are the basis for the award.
8. For the purposes of that stated in Article 102 of the Spanish Public Sector Procurement Act 30/2007, of 30 October, compliance by the successful bidder company or organisation with the non-discrimination and affirmative action measures included in their bid is a special condition for execution.
CHAPTER IV. Qualifications and expertise
Article 17. Qualifications and expertise for the performance of professional duties
1. Entities and public administrations that implement reception and integration policies shall ensure that the personnel working in these fields have adequate qualifications and expertise.
2. The Government shall specify by regulation the qualifications and expertise that the personnel referred to in Section 1 need to have, which shall include:
a) The specification of the functions of the professional profiles.
b) The establishment of professional practice requirements.
c) The correlation between the specified professional profiles and the degrees, diplomas, professional qualifications or professional certificates that are required to carry them out.
3. The department responsible for immigration shall sponsor specific processes for authorisation and for credentialing professional competencies in order to recognise the professional and educational experience of people who are already performing diversity management functions, which if passed under conditions to be determined shall allow these duties to be performed.
4. The actions referred to in Sections 2 and 3 shall be carried out in partnership with the agency responsible for defining professional qualifications and the agency that manages occupational services, after listening to the views of local government bodies as expressed through their associations.
TITLE II. Concerning powers, planning, cooperation, coordination and funding
CHAPTER I. Reception and integration powers
Article 18. Public responsibilities
1. The Administration of the Generalitat, the municipalities and other local government bodies in Catalonia are responsible for reception and integration in accordance with the provisions of this Title and, where applicable, local government legislation.
2. Reception policies implemented by the various public authorities in Catalonia shall form part of citizenship and immigration policies.
Article 19. Powers of the Government
The Government shall:
a) Approve the Citizenship and Immigration Plan of the Government of Catalonia.
b) Determine which Administration of the Generalitat services shall have specialised reception programmes.
c) Approve the programme contract referred to in Article 32.
d) Specify by regulation the minimum requirements that all first reception services must meet, the procedural requirements for access to and provision of the service, the requirements for certificates and the pertinent official reports from the Generalitat and local government bodies, validation with other official certificates and reports, and other technical requirements relating to aspects of the service referred to in Chapter II of Title I. These requirements shall be mutually agreed with the local government bodies’ associations in all matters concerning the organisational aspects of the service.
e) Draw up the internal use protocol for reception service users.
Article 20. Powers of the department responsible for immigration
The department responsible for immigration shall:
a) Propose immigration and return policy directives to the Government.
b) Direct and monitor the effectiveness and efficiency of the Catalan Migration Agency through the execution of the programme contract governed by Article 32.
c) Draw up a Citizenship and Immigration Plan and submit it to the Government for the latter’s approval.
d) Coordinate the actions of the Administration of the Generalitat and local government bodies in terms of reception and immigration, helping with the design and management of their public policies when they affect immigrants and returnees.
e) Collaborate with the General Administration of the State in the management of powers concerning immigration, asylum, stateless people and returnees through the mutual cooperation tools set up by the Aliens (Rights, Freedoms and Social Integration in Spain) Organic Act 4/2000, of 11 January.
f) Manage the policy for returning.
g) Carry out activities to foster the social integration of foreign immigrants, asylum seekers, refugees, stateless people and returnees to Catalonia.
h) Draw up, promote and develop programmes in the areas of voluntary return to countries of origin, remittances, co-development and other specific ones in immigration policy.
i) Promote the participation of foreign immigrants, asylum seekers, refugees, stateless people and returnees to Catalonia.
j) In partnership with the occupational services agency and relevant training and educational institutions, map out and implement training for personnel in the public and private sectors who are professional specialists, or need to be specialists, in attending to immigrants, refugees, stateless people and returnees to Catalonia.
k) Promote university education and research in the field of migration.
l) Draw up and monitor information, training and awareness programmes addressed to the general public to understand the causes and consequences of demographic changes and migratory movements.
m) In partnership with the Employment Monitoring Centre, set up instruments for gathering and statistical and analytical processing of information to help map out reception and integration policies.
n) Establish basic and common components of the information system to enable coordination and evaluation.
o) Monitor immigration policies in other countries, the European Union and other international organisations.
p) Draw up an annual report about the social integration of immigrants, asylum seekers, refugees, stateless people and returnees, which shall be publicly released. This report shall be independent pursuant to international standards and may be drawn up with the assistance of the bodies referred to in Articles 28 and 29 and with the technical support of other public or private entities and experts in each area.
q) Coordinate the implementation of reception and integration policies in Catalonia.
r) Exercise any other power conferred by this Act or by law or regulation, as well as any others that may be necessary for the development and implementation of reception, immigration and return policy that are not expressly conferred on another department either in the Generalitat or in another governmental organisation.
Article 21. Powers of local government bodies
1. Local government bodies may provide reception services to anyone who is included in the population register in the municipality. Local councils have at least the following powers in first reception services for the people referred to in Article 7.1 who are included in the population register in the municipality:
a) Municipalities with a population equal to or greater than twenty thousand inhabitants shall provide first reception services to people included in the population register, whether they are foreign immigrants or returnees.
b) Municipalities with a population of fewer than twenty thousand inhabitants may provide first reception services provided they meet the requirements specified by regulations.
c) Supra-municipal entities may provide first reception services through management delegation or establish programmes to assist and partner municipalities in delivering this service.
d) Municipalities may provide first reception services through the Generalitat, supra-municipal entities and the cooperation mechanisms referred to in Sections 2 and 3 of Article 14.
2. Other powers of municipalities are:
a) Promoting the policies and service delivery required to ensure the social cohesion of local communities and the reception and integration of foreign immigrants, asylum seekers, refugees, stateless people and returnees.
b) Coordinating the activities of public and private entities which have reception and integration responsibilities in their jurisdiction by using mechanisms to promote participation or any others that are deemed to be appropriate.
c) Assisting with drawing up the plans and programmes referred to in letter a of Article 22.1.
d) Promoting the participation of immigrants and returnees.
CHAPTER II. Planning, coordination and cooperation
Article 22. Planning instruments
1. Plans and programmes for immigrants, asylum seekers, refugees, stateless people and returnees are:
a) In the case of the Generalitat:
- The Citizenship and Immigration Plan of Catalonia.
- Specialised reception programmes.
b) In the case of local government bodies:
- Municipal citizenship and immigration plans or other plans, programmes and services involving reception policies.
- County citizenship and immigration plans.
- Specialised reception programmes.
2. The Administration of the Generalitat and local government bodies may jointly draw up and approve specialised reception programmes in cases of wholly or partly shared resources, facilities, projects, programmes and services.
Article 23. Nature and contents of the plans
1. The Citizenship and Immigration Plan of the Generalitat of Catalonia:
a) It is the instrument for scheduling and coordinating the activities of the Administration of the Generalitat in use of the powers this Act confers on it.
b) Government Administrations and public and private entities that have responsibilities in it shall be consulted when drawing it up.
c) It is mandatory and must be approved by a decision of the Government, which is accountable in this respect to Parliament through appearing before the relevant committee. Any updating of the provisions of the Plan must also be approved by a decision of the Government, which shall inform Parliament.
d) In matters affecting the powers of local government bodies it is a sector coordination plan and shall be drawn up in accordance with the provisions of Article 148 of Legislative Decree 2/2003, of 28 April, which enacted the Rewritten Text of the Catalan Local Authority Regulation Act.
e) It shall be accompanied by a financial report to ensure its implementation in each annual period and which shall contain at least the following:
- Target setting, scheduling and planning of specific actions for each department whether or not they are grouped into sector programmes.
- The evaluation system.
- Specification of coordination bodies and instruments.
2. Municipal citizenship and immigration plans are the instrument for scheduling and coordinating with which municipalities carry out the powers conferred on them by this Act.
3. County citizenship and immigration plans have the same content as the municipal plans in terms of territorial scope and must be approved by their respective full council meetings.
Article 24. Coordination and cooperation instruments
Without prejudice to the instruments established by the rules on the legal system and administrative procedures applicable to the Administration of the Generalitat and local government legislation, the department responsible for immigration and the local government bodies shall cooperate and coordinate their actions in the application of the powers regulated by this Act by means of:
a) Representatives from the government organisations being members of the Catalan Migration Agency, under the terms established by this Act, the Citizenship and Immigration Board and the Generalitat-Local Government Bodies Joint Committee.
b) Participation in drawing up the Citizenship and Immigration Plan of Catalonia and in its coordination bodies and instruments.
c) Technical monitoring of the funding entailed by calls for grants and programme contracts by the Catalan Migration Agency.

CHAPTER III. Funding
Article 25. Funding
1. Reception services are funded by contributions from the budget of the Generalitat, the Spanish State government, the city councils and other local government bodies.
2. The Generalitat shall ensure adequate funding of local government bodies in order to enable them to exercise the powers conferred on them by this Act, either through the transfer of European or State funds or with its own resources according to budget availability.
TITLE III. Concerning the Administration of the Generalitat’s organisation for immigration
CHAPTER I. Administrative organisation
Article 26. Administrative bodies
The powers which this Act confers on the department responsible for immigration are exercised by:
a) The body chosen by the department’s Minister.
b) The Interdepartmental Immigration Committee or the interdepartmental coordinating body established by the Government.
c) The Citizenship and Immigration Board or the participation body established by the Government.
d) The Catalan Migration Agency.
CHAPTER II. Body responsible for immigration, Interdepartmental Immigration Committee and Citizenship and Immigration Board
Article 27. Body responsible for immigration
1. The body responsible for immigration shall have the functions determined by regulation.
2. The body responsible for immigration shall provide the budgetary and personnel support required for the functioning of the bodies referred to in letters b and c of Article 26.
Article 28. Interdepartmental Immigration Committee
1. The Interdepartmental Immigration Committee is the coordinating body for reception and integration policies. It is attached to the department responsible for immigration and organically reports to the body responsible for immigration.
2. The composition and functions of the Interdepartmental Immigration Committee shall be established by regulation and its legal system shall comply with administrative rules on collegial bodies.
Article 29. Citizenship and Immigration Board
1. The Citizenship and Immigration Board is a collegial advisory body that channels the participation of the public and its entities in reception and integration policies.
2. The composition and functions of the Citizenship and Immigration Board shall be established by regulation and its legal system shall comply with administrative rules on collegial bodies.
CHAPTER III. Catalan Migration Agency
Article 30. Creation and nature of the Agency
1. The Catalan Migration Agency is established as a public law entity of the Generalitat whose actions are subject to private law. It has legal personality and full capacity to act, its own assets and full functional and management independence to carry out its functions.
2. The Catalan Migration Agency is attached to the department that is responsible for immigration.
3. The Catalan Migration Agency is governed by this Act, its bylaws, the Rewritten Text of the Catalan Public Company Bylaws Act 4/1985, of 29 March, enacted by Legislative Decree 2/2002, of 24 December, and any other regulations that may be applicable to it.
4. The Catalan Migration Agency’s external activity is subject for all purposes to civil, commercial and labour law, except for acts that entail the exercise of public powers which are subject to public law.
5. The Catalan Migration Agency is subject to public law in its relations with the department to which it is attached, the system for taking decisions and the organisation and functioning of collegial bodies.
6. The decisions of the Board and the President of the Catalan Migration Agency shall comply with administrative law regulations.
7. People who work for the Catalan Migration Agency are subject to labour law. Jobs that involve direct or indirect participation in the exercise of public powers shall be occupied by civil servants. Staff selection shall comply with the principles established by the general civil service rules.
Article 31. Functions
The functions of the Catalan Migration Agency are to:
a) Implement and manage migration policies according to guidelines set by the body responsible for immigration.
b) Cooperate with local government bodies in providing the first reception service and specialised reception programmes.
c) Promote the execution of programme contracts with local government bodies to manage powers established by this Act in order to ensure joint responsibility and stability of services and their personnel.
d) In partnership with relevant departments deliver first reception services abroad and in municipalities that do not provide them, without prejudice to the provisions of Article 21.1.d.
e) Assess first reception services.
f) Provide social stakeholders, businesses and non-profit private entities with the technical and financial support required to carry out the actions they are tasked with by this Act.
g) Carry out technical monitoring of the funding entailed by calls for grants and the execution of programme contracts.
h) Perform those tasks assigned to it by law or regulation.
Article 32. Programme contract
1. The department responsible for immigration shall execute a contract programme with the Catalan Migration Agency for the performance of the direction and control function assigned to it by letter b of Article 20.
2. The minimum content of the programme contract, without prejudice to the provisions of Article 53 of the Rewritten Text of the Catalan Public Finance Act, enacted by Legislative Decree 3/2002, of 24 December, shall include:
a) A statement of objectives and results to be achieved.
b) An estimate of revenue and expenses.
c) A statement of the assessment criteria.
d) The establishment of tools for monitoring implementation of and compliance with the programme contract.
3. The programme contract shall have the same validity period as the Citizenship and Immigration Plan of Catalonia.
Article 33. The Agency’s governing bodies
The governing bodies of the Catalan Migration Agency are:
a) The Executive Board.
b) The President. 
c) The Vice-President. 
d) The Director.
Article 34. The Agency’s financial resources
The Catalan Migration Agency has the following financial resources for the performance of the functions that are conferred on it by this Act:
a) Allocations from the Generalitat budget, including those derived from the programme contracts.
b) Contributions from State or European funds.
c) The return on property assigned to it and that which it acquires in its own right.
d) Income earned from the provision of its services.
e) Grants, contributions and donations given to it by public or private individuals or legal entities.
f) Loans granted to it under the terms and conditions set by prevailing regulations.
g) Any other resources allowed to it by law.
ADDITIONAL PROVISIONS
First. Powers of the Conselh Generau d’Aran
1. The Conselh Generau d’Aran shall provide the first reception service in Aran in the terms established by this Act. It shall also have the powers which Article 21.1.c confers on supra-municipal entities.
2. The Conselh Generau d’Aran shall establish by regulation the level of knowledge of Aranese to be achieved through the provision of first reception services in its territory and also the order of priority in the use of the three official languages ​​by this service in a similar way to that provided for Catalan.
Second. Validation of the first reception service
1. Schools, adult and juvenile criminal enforcement services and shelters for abandoned children shall meet initial needs for basic information and training for foreign immigrants and returnees through the educational and training activities established by the respective sector legislation.
2. The Government may exempt users of the facilities and services referred to in Section 1 from the requirement for inclusion on the population register set out in Article 7.4.
3. The Government shall specify by regulation the validation between education and training activities conducted by the facilities and services referred to in Section 1 and those carried out by the first reception service.
Third. Cooperation with the General Administration of the State
The Government shall promote the execution of agreements or covenants with the General Administration of the State to determine inter alia:
a) The mechanisms required for the certificates referred to in Article 13.4 to be of effect in administrative procedures concerning immigration, acquisition of nationality and other issues pursuant to prevailing legislation.
b) The procedure for informing the Administration of the Generalitat about any application or ruling that may entail that the person concerned should be entitled to benefit from the first reception service.
c) The procedure for assisting with the delivery of first reception services abroad, especially when these are not provided in Generalitat offices.
d) The exchange of statistical data.
Fourth. Amendments to the Act 25/2002 and the Decree 268/2003 
1. Any references made in the Act 25/2002, of 25 November, on Return of Catalan Emigrants and their Descendants (Support Measures), which also amends Act 18/1996 for a second time, and in the Decree 268/2003, of 4 November, which implements Act 25/2002, to the Unified Management Office in the Assistance for Returnees Plan and the Advisory Board in the Assistance for Returnees Plan shall be understood to be made to the Catalan Migration Agency and the Citizenship and Immigration Board respectively.
2. Any references made in Act 25/2002 and in Decree 268/2003 to the manager of the Unified Management Office in the Assistance for Returnees Plan shall be understood to be made to the director of the Catalan Migration Agency.
3. Article 10.1 of Act 25/2002 is amended and is now worded as follows:
«The Catalan Migration Agency shall administer the activities established by this Act and coordinate those carried out by the Administration of the Generalitat under the provisions of the Assistance for Return Plan.»
Fifth. Generalitat-Local Government Bodies Joint Committee
1. The Generalitat-Local Government Bodies Joint Committee is established to facilitate coordination and cooperation in reception issues with the functions that both parties agree.
2. The Generalitat-Local Government Bodies Joint Committee shall be constituted within three months from the coming into force of this Act.
Sixth. Specific training in the rights of women and the lesbian, gay, bisexual and transgender community and in family models
1. The Government shall ensure that personnel in the public and private sectors who are professional specialists, or need to be specialists, in attending to immigrants and returnees shall include specific training in:
a) Women’s rights.
b) Rights of the lesbian, gay, bisexual and transgender community.
c) The different family models that exist in Catalan society.
2. The Government may draw up handbooks for responding to the needs of victims of gender violence.
Seventh. Progressive introduction of the first reception service
Full territorial deployment of the first reception service shall be achieved within six years from the coming into force of this Act. The Government shall plan territorial deployment gradually in accordance with the provisions of relevant budget laws.
Eighth. Adaptation of municipal and county citizenship and immigration plans to the Act
Municipalities and county councils shall adapt their citizenship and immigration plans to conform to this Act within one year after its coming into force.
TRANSITORY PROVISION
1. Within nine months from the coming into force of this Act the Government shall enact the bylaws of the Catalan Migration Agency.
2. The powers assigned to the Catalan Migration Agency shall be exercised by the authority with jurisdiction over immigration until the Agency’s bylaws are enacted.
FINAL PROVISIONS
First. Implementation and application
1. The Government and the Minister of the department responsible for immigration, within their remit, are empowered to lay down provisions and take all necessary measures regarding the implementation and execution of this Act.
2. The regulatory implementation of this Act shall take into account any local government bodies plans and programmes that may be valid at the time this Act enters into force.
Second. Entry into force
This Act shall come into force one month after its publication in the Diari Oficial de la Generalitat de Catalunya (Official Journal of the Generalitat of Catalonia).