The Constitution, in Article 149.1.16. and 17. th, reserves the State exclusive competence on external health; bases and general coordination of health; legislation on pharmaceutical products, as well as basic legislation and the economic system of social security, without prejudice to the execution of its services by the autonomous communities. For its part, the Statute of Autonomy of the Balearic Islands, reformed by the Organic Law 1/2007, of 28 February, attributes to the Autonomous Community in its articu-30.48 exclusive competence in matters of organization, operation and control of the public health facilities and health services; planning of health resources; coordination of private health with the public health system and the promotion of health in all areas, in the framework of the General coordination of health. Likewise, in accordance with Article 31.4 of the aforementioned Statute, it is for the Autonomous Community of the Balearic Islands, in the framework of the basic legislation of the State, for legislative development and implementation in the field of health, health and training. Specialised health. Finally, Article 31.12 of the Statute of Autonomy of the Balearic Islands attributes to the Autonomous Community the legislative development and implementation in the framework of the basic legislation of the State in the field of Social Security, except for the rules which set up your economic regime. In addition, Law 14/1986 of 25 April, General of Health, creates the National Health System as a whole of the health services of the State Administration and the health services of the Autonomous Communities conveniently coordinated, establishing, in particular, the fourth transitional provision which the possible transfers to be made in respect of the management of the health care of social security in favour of the Autonomous Communities which may assume such management, must be in accordance with the principles laid down in this Law. In addition, Royal Decree 1414/1981 of 3 July, for which the Social Institute of the Navy is restructured, regulates the structure and functions of the Institute, which has legal personality and is attached to the Ministry of Labour and Social Affairs. Likewise, the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June, establishes that the Social Institute of the Navy will continue to carry out the functions and services it has entrusted in relation to the management of the Special Regime of the Social Security of the Workers of the Sea, without prejudice to the others that attribute to it its regulatory laws and other provisions in force in the field. Finally, the Royal Decree 1958/1983, of June 29, regulates the form and conditions to be adjusted the transfer of functions and services of the State Administration to the Autonomous Community of the Balearic Islands. In accordance with the provisions of the royal decree cited above, which also regulates the operation of the Joint Transfer Commission provided for in the transitional provision of the Statute for the Autonomy of the Balearic Islands, the Commission adopted, in its meeting of 13 December 2007 the appropriate agreement, whose practical virtue requires its approval by the Government through Royal Decree. In accordance with the provisions of the first transitional provision of the Statute of Autonomy of the Balearic Islands, on a proposal from the Minister of Public Administration, and after deliberation by the Council of Ministers at its meeting of the day 21 December 2007,

D I S P O N G O:

Article 1.

The Agreement of the Joint Committee provided for in the first transitional provision of the Statute for the Autonomy of the Balearic Islands, adopted by the plenary session of the Commission at its meeting of 13 December, is hereby approved. 2007, for which the functions and services of the Social Security that must be transferred to the Autonomous Community of the Balearic Islands, in the field of health care entrusted to the Social Institute of the Navy and which are transcribe as an annex to this royal decree.

Article 2.

Consequently, the functions and services, as well as the goods, rights and obligations and personal means that appear in the relations attached to the agreement of the Republic, are transferred to the Autonomous Community of the Balearic Islands. Joint Committee, in the terms and conditions specified therein, as well as the budgetary appropriations determined in accordance with the procedure laid down in the agreement itself.

Article 3.

The transfer to which this royal decree refers will be effective from the day indicated in the agreement of the aforementioned Joint Commission, without prejudice to the fact that the Social Institute of the Navy or other competent bodies produce until then, where appropriate, the administrative acts necessary for the maintenance of the services in the same system and level of operation as they had at the time of the adoption of the agreement.

Article 4.

The budgetary appropriations to be determined, in accordance with the Annex's No. 3 ratio, will be discharged from the concepts of origin and transferred by the Ministry of Economy and Finance to the concepts set out in the Section 32 of the General Budget of the State, destined to finance the cost of the services assumed by the autonomous communities, once they are referred to the department cited by the Social Institute of the Navy credit retention certificates, in order to comply with the provisions of the current regulations on General Budget of the State.

Single end disposition. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on December 21, 2007.

JOHN CARLOS R.

The Minister of Public Administration, ELENA SALGADO MENDEZ

ANNEX

Dona Carmen Alcolado Jaramillo and don Bartolomé Mora Martí, Secretaries of the Joint Commission provided for in the first transitional provision of the Statute of Autonomy of the Balearic Islands,

CERTIFICATE

At the plenary session of the Joint Committee, held on 13 December 2007, an Agreement was adopted on the transfer to the Autonomous Community of the Balearic Islands of the functions and services of social security, in the field of Health care, entrusted to the Social Institute of the Navy, in the following terms:

(A) Constitutional, statutory and legal rules in which the transfer is covered.

The Constitution, in Article 149.1, 16. and 17. th, reserves the State exclusive competence on external health; bases and general coordination of health; legislation on pharmaceutical products, as well as legislation (a) basic and economic social security arrangements, without prejudice to the implementation of their services by the Autonomous Communities. For its part, the Statute of Autonomy of the Balearic Islands, reformed by the Organic Law 1/2007, of 28 February, attributes to the Autonomous Community in its articu-30.48, exclusive competence in matters of organization, operation and control of the public health facilities and health services; planning of health resources; coordination of private health with the public health system and the promotion of health in all areas, in the framework of the General coordination of health. Likewise, in accordance with Article 31.4 of the aforementioned Statute, it is for the Autonomous Community of the Balearic Islands, in the framework of the basic legislation of the State, for legislative development and implementation in the field of health, health and training. Specialised health. Finally, Article 31.12 confers on the Autonomous Community the legislative development and implementation within the framework of the basic State legislation on social security, with the exception of the rules that make up its economic system. Moreover, Law 14/1986 of 25 April, General of Health, creates the National Health System as a whole of the Health Services of the State Administration and the Health Services of the Autonomous Communities. In particular, it is necessary to provide for a transitional period for the management of social security health care in favour of the Autonomous Communities which may assume the responsibility of the Member State concerned. management, they must be in accordance with the principles laid down in this Law. Also, the Royal Decree 1414/1981, of July 3, for which the Social Institute of the Navy is restructured, regulates the structure and functions of the Institute, attached to the Ministry of Labour and Social Affairs, and endowed with legal personality. Also, the Royal Legislative Decree 1/1994, of 20 June, approving the recast text of the General Law of Social Security, establishes that the Social Institute of the Navy will continue to carry out the functions and services that has been entrusted in connection with the management of the Special Regime of the Social Security of the Workers of the Sea, without prejudice to the others attributed to it by its regulatory laws and other provisions in force in the field. Finally, the first transitional provision of the Statute of Autonomy of the Balearic Islands and Royal Decree 1958/1983 of 29 June regulate the manner and conditions to be adjusted for the transfer of functions and services of the Administration. of the State to the Autonomous Community of the Balearic Islands. On the basis of the above forecasts, the Autonomous Community of the Balearic Islands should make effective its powers in the field of health care for social security, entrusted to the Social Institute of the Navy, by means of the transfer of functions and services in this field.

B) Functions assumed by the Autonomous Community of the Balearic Islands and the identification of the services that are transferred.

1. They are transferred to the Autonomous Community of the Balearic Islands, within its territorial scope, and in the terms of this Agreement and the actual decrees and other rules that make it effective, the functions and services that the Institute has been carrying out. The Commission has also taken the view that, in the light of the Commission's decision, the Commission is not in a position to take the view that the Commission is not in a position to take a decision on the matter. Social Institute of the Navy, as well as hospital assistance, in general, services of specialties and urgencies. Moreover, the functions and services corresponding to the State Administration and the Social Security services associated with the health care of the Social Institute of the Navy, those attributed to the central services of this entity, and in particular the functions and services corresponding to the Ministry of Labour and Social Affairs, as soon as they relate to the management, organisation, supervision, protection and inspection of the functions referred to in the paragraph previous. The functions and services of the Social Security that are transferred by this agreement will be subject to the basic legislation of the State in respect of the determination of the beneficiaries, requirements and intensity of the protective action and regimes economic-financial and economic-administrative. 2. For the effectiveness of the related functions, they are transferred to the Autonomous Community of the Balearic Islands, the recipient of those, the services and institutions of its territorial scope that are detailed in the relations attached to the Agreement.

C) Functions that the State Administration reserves.

As a consequence of the competencies that remain in the State-owned domain, the State Administration will exercise the following functions and activities:

1. Health care of seafarers, on board and abroad, using their own means, such as radio-medical centre, data bank, overseas centres, sanitary vessels and others who can establishing, or agreeing to the evacuation and repatriation of sick or injured workers, all without prejudice to the obligations incumbent upon employers, in accordance with the laws in force, and to the reintegration into which they may be be entitled.

2. Health information to the seafarers, education and distribution of the Health Guide on board, the practice of medical examinations prior to boarding, inspection and control of the medical means on board and the the hygienic conditions of the vessels, and any other functions of preventive medicine and health education that correspond to them.

D) Functions in which the State Administration and the Autonomous Community of the Balearic Islands are to participate.

They will be developed in coordination between the Social Institute of the Navy and the Autonomous Community of the Balearic Islands, according to the terms specified by agreement between the two administrations, the following functions:

1. The exchange of information on the health care of seafarers, as well as the advice and cooperation on a permanent basis. In particular, both administrations shall cooperate by facilitating, in cases where necessary, the carrying out of specialised consultations, analyses or additional examinations in connection with the exercise of their respective functions in the field of health care for workers of the sea, prior to the signing of the corresponding agreement between the Health Administration of the Autonomous Community of the Balearic Islands and the Social Institute of the Navy, in which the terms will be established (i) the Commission has taken the necessary steps to ensure that the

2. The preparation of joint studies and projects, as well as the implementation of proposals aimed at improving the health action of seafarers and collaboration in scheduled actions of general interest. 3. The development of state-projection software programs and access to information derived from those programs. 4. Any other that can contribute to the best relationship and coordination between the State Administration and the Autonomous Community of the Balearic Islands.

E) Goods, rights and obligations of the State that are transferred.

1. The assets, rights and obligations of the Social Institute of the Navy that correspond to the services transferred are transferred to the Autonomous Community of the Balearic Islands. 2. Within three months of the effectiveness of this agreement, the corresponding minutes of delivery and receipt of furniture, equipment and inventoried material shall be signed. 3. The assets assigned to the Social Institute of the Navy are assigned to the Autonomous Community of the Balearic Islands, which are included in the detailed inventory of the attached ratio number 1. This membership is without prejudice to the unity of the patrimony of Social Security, other than the State and has affected the fulfillment of its specific purposes, the title of which corresponds to the General Treasury of Social Security, and (a) to include the buildings attached to the Social Security Balance sheet, in the form determined by the General Intervention of Social Security. 4. The Autonomous Community shall enjoy the use of the immovable property of the Social Security which is attached to it, and shall take charge of all necessary repairs in order to preserve it, carry out the improvement works it deems appropriate, exercise the post-office actions which, in their defence, are governed by law, as well as subrogation in the fulfilment of the tax obligations affecting those buildings as from the date of effectiveness of the transfer. In the case of shared buildings, and up to their total independence, the common costs shall be apportioned in proportion to the criteria laid down in the Supplementary Agreement No 1 to this Agreement. 5. The immovable property of the Social Security estate assigned shall revert, in accordance with the provisions of the rules of its patrimony, to the General Treasury in the case of non-use or change of destination for which they are assigned, owing continue the Autonomous Community of the Balearic Islands with the payment of the costs arising from their conservation and maintenance, as well as the payment of the tax obligations affecting them, until the end of the economic year in which they are produce such change or lack of use. 6. The new property rights for the Autonomous Community of the Balearic Islands, not covered by the aforementioned number 1, shall be in accordance with the procedure laid down in accordance with the basic legislation of the State. As long as the convention is not formalized, the new members of the Council of Ministers authorized by the Council of Ministers will not require formalization by specific agreement of the plenary session of the Joint Committee on Transfers. It shall be sufficient, for its effectiveness, to be signed by the authorised representatives of the General Treasury of Social Security and the Autonomous Community of the Balearic Islands, of the corresponding act of making available, of which a For his record, custody and file, to the secretariat of the aforementioned Joint Commission. 7. The works of new construction, as well as the ones of enlargement that involve modification of the external structure on buildings or lands transferred, carried out by the Autonomous Community of the Balearic Islands, will be definitively integrated in their property, with respect, in any case, for the rights of the land and the flight of the General Treasury of Social Security, without prejudice to the mutual agreement of the appropriate measures so that, in accordance with the civil, mortgage and In the case of the case-law, the Court of the Court of conclusion of agreements between the two administrations. 8. From the date of entry into force of this Agreement, the General Treasury of Social Security shall take the necessary measures to ensure that the disposals of the use of immovable property, in which the transfer of immovable property is provided, is without effect. Agreement, and that they have been carried out in favor of the General Treasury of Social Security by the Autonomous Community of the Balearic Islands or organizations or entities dependent on that Autonomous Administration.

F) Personnel and vacancies attached to the services and institutions that are transferred.

1. The staff and job vacancies assigned to the services and institutions transferred and which are referred to nominally in the attached relations numbers 2.1 and 2.2 will become dependent on the Autonomous Community of the Balearic Islands, in the legally provided for by the Statute of Autonomy and the other rules which are applicable in each case, and in the same circumstances as specified in the attached relations. 2. The transfer shall be notified to the persons concerned by the Social Institute of the Navy and other competent staff. A certified copy of all the files of the staff transferred, as well as certificates of assets relating to the amounts due in 2007, shall also be sent to the competent bodies of the Autonomous Community of the Balearic Islands. 3. In the event that corrections or corrections are necessary in respect of the staff relations, they shall be carried out on the basis of a certificate issued by the Secretariat of the Joint Committee on Transfers.

G. Assessment of the financial burden of the services transferred.

1. The provisional valuation in the 1999 base year corresponding to the annual effective cost of the means to be transferred to the Autonomous Community of the Balearic Islands rises to 653,849.95 euros. This assessment will be reviewed in the terms laid down in Article 16.1 of Law 21/2001 of 27 December 2001 regulating the tax and administrative measures of the new system of financing of the Autonomous Communities. 2. The financing, in euro 2007, which corresponds to the annual cash cost is the one collected in the ratio number 3. 3. Transitional, pending the revision of the Sufficiency Fund as a result of the incorporation into this of the effective cost of the transfer, this cost will be financed by consolidation in Section 32 of the General Budget. the State of the appropriations relating to the various components of that cost, for the amounts to be determined, which may be updated by the general arrangements provided for in each Budget Law.

H) Documentation and records of the services being transferred.

The delivery of the documentation and files of the transferred services, with the corresponding inventories, shall be made within three months of the date of effectiveness of this Agreement, in accordance with the provisions of the Article 8 of Royal Decree 1958/1983 of 29 June.

I) Transfer effectiveness date.

The transfer of functions and services covered by this Agreement will be effective from 1 January 2008.

And for the record, this certification is issued in Madrid, on December 13, 2007. -The Secretaries of the Joint Commission, Carmen Alcolado Jaramillo and Bartolomé Mora Martí.

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