Article 73 of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of 20 June, in the new wording given by the third final provision. Three of Law 26/2009, of 23 December, the General Budget of the State for 2010, sets out in paragraph 1 that the annual surpluses obtained by mutual funds in their management must first be affected by the formation of reserves which are regulated by the determine. It also provides that the destination to be given to excess surplus will be regulated, once the reservations indicated are met.

Paragraph 2 of this Article, in turn, points out that 80% of excess surplus will in any case be attributed to the general objectives of prevention and rehabilitation, including the promotion of extraordinary actions of undertakings in the prevention of accidents at work and occupational diseases, indicating that such an entry shall be made by means of their entry into the special account of the Prevention and Rehabilitation Fund open at the Banco de España at the disposal of the Ministry of Labour and Immigration and whose ownership corresponds to the General Treasury of Social Security.

In that same paragraph 2 it is also anticipated that the General Treasury of Social Security may materialize the funds deposited in the account of the Fund for Prevention and Rehabilitation, until its definitive use, in financial assets issued by public legal persons, in the quantities, time limits and other conditions laid down by the Ministry of Labour and Immigration, providing that the income and expenditure generated by the financial assets in which the Fund, as well as those of the account itself, shall be paid and charged respectively in the account, except where Another thing is available to the Ministry.

According to this, the Regulation on the collaboration of mutual occupational accidents and occupational diseases, approved by Royal Decree 1993/1995 of 7 December 1995, regulates in Article 66 of the Regulation. distribution of excess surplus resulting from management, once the provision and the compulsory reserves provided for in that regulation are covered, in accordance with paragraph 1 of this Regulation, which shall be allocated to the general purposes of the prevention and rehabilitation, by means of their entry into the market until 31 July of each year in the Banco de España and in special account at the disposal of the Ministry of Labour and Immigration, which shall have the specific destination to be given to such funds, within the meaning of the general purposes indicated and in accordance with the other rules the legal ones that are applicable in this respect.

For its part, the Order of 27 June 1997, on the determination of the reserves and surpluses to be set up by the mutual associations of occupational accidents and occupational diseases, in accordance with the provided for in Articles 65, 66 and 73 of the said Regulation, that it shall be carried out on the basis of quotas, obtained or received, which are actually collected and recognised in favour of the mutual benefit by the General Treasury Social within each exercise, whichever was the one they had become.

The funds deposited in the special account of the Fund for Prevention and Rehabilitation opened at the Banco de España at the disposal of the Ministry of Labor and Immigration and whose ownership corresponds to the General Treasury of the Social security, they are entered in the name of this common service in application of the principles of financial solidarity and single box, resulting in application, as a result, as provided for in the general regulation of the financial management of Social Security, approved by Royal Decree 1391/1995 of 4 August, whose article 7.5 provides that, under the funds deposited with the Bank of Spain, the General Treasury of Social Security may, in the case of the Bank of Spain, make available to public financial assets the amounts and time-limits for the payments provided for in the the costs incurred by such operations shall be passed on.

Accordingly, this order is issued in order to establish the conditions for the materialization of the resources deposited in the account of the Prevention and Rehabilitation Fund, until its definitive use, in financial assets issued by public legal persons, in order to obtain a higher return on such funds.

This order is made in the exercise of the powers conferred on it by Article 73.2 of the recast text of the General Law on Social Security and by the final provision of the Regulation on the collaboration of mutual accidents at work and occupational diseases of social security, approved by Royal Decree 1993/1995 of 7 December.

In its virtue, I have:

Article 1. Conditions for the materialization of the Prevention and Rehabilitation Fund.

1. The funds deposited in the special account opened at the Banco de España at the disposal of the Ministry of Labour and Immigration and whose ownership corresponds to the General Treasury of Social Security, called the Prevention Fund and Rehabilitation may be materialised until its final use in financial assets issued by public legal persons having the minimum credit rating established by a credit rating agency recognised by the National Securities and Exchange Commission and which are admitted to trading on a regulated market or multilateral trading system.

2. The funds to be used for the acquisition of financial assets shall not exceed 90% of the amount to which the Fund for Prevention and Rehabilitation is allocated, so that the remaining balance in the special account of the Fund may permit make the intended payments from her.

If at some point the percentage limit set in the previous paragraph is exceeded as a result of the management of the aforementioned Prevention and Rehabilitation Fund, the reinvestment of the product of the following maturities acquired financial assets shall be subject to compliance with that percentage limit as soon as possible.

3. The income generated by the assets as well as the special account will be paid into the single account opened by the General Treasury of Social Security at the Banco de España. For their part, the expenses will be charged to the Fund's own account.

4. By resolution of the Secretary of State for Social Security, once a report has been obtained from the Directorate General of the Treasury and Financial Policy, the amount to be used for the acquisition of financial assets will be determined, with the limit in paragraph 2, as well as the characteristics of the assets in which it will be invested, including at least the issuing public legal persons, the time limits and the minimum credit rating referred to in paragraph 1.

Also, through the resolution of the Secretariat of State for Social Security, once a report from the Directorate General of the Treasury and Financial Policy has been obtained, the financial assets in which the Prevention and Rehabilitation Fund.

Article 2. Competences in terms of acquisition, disposal and management of financial assets.

1. It is for the General Treasury of Social Security, after the Council of Ministers ' Agreement, to acquire and dispose of the financial assets in accordance with the procedure laid down in Royal Decree 1221/1992, 9 of October, on the Heritage of Social Security, which will form part of its patrimony and will be managed under the direction of the Secretary of State for Social Security.

2. The operations of materialization of the Prevention and Rehabilitation Fund will be carried out by the Banco de España, which will act as the Agent Bank.

Article 3. Nature of the operations and budget allocation.

Investments, reinvestments and divestitures, carried out in accordance with Royal Decree 1221/1992 of 9 October 1992, as well as the other operations for the acquisition, disposal and management of the financial assets carried out with the Fund Prevention and Rehabilitation shall be of a budgetary nature throughout the financial year and shall be charged at the time of carrying out the budget of expenditure or revenue of the General Treasury of Social Security according to the nature of the operation, for which the precise instructions for the allocation of the budget shall be made.

Article 4. Accounting rules.

The General Intervention of Social Security, in accordance with the powers conferred on it by Article 125.3 of Law 47/2003, of 26 November, General Budget, will dictate the accounting rules necessary for the recording of operations related to the management of the Prevention and Rehabilitation Fund.

Final disposition first. Enforcement powers.

The Secretary of State for Social Security is empowered to dictate the provisions necessary for the implementation of this order.

Final disposition second. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 2 June 2010. -Minister of Labour and Immigration, Celestino Corbacho Chaves.