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Royal Decree 688/2005 Of 10 June, Which Regulates The Operating Regime Of The Mutual Of Accidents At Work And Occupational Diseases Of Social Security As External Prevention Service.

Original Language Title: Real Decreto 688/2005, de 10 de junio, por el que se regula el régimen de funcionamiento de las mutuas de accidentes de trabajo y enfermedades profesionales de la Seguridad Social como servicio de prevención ajeno.

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TEXT

Law 31/1995 of 8 November, on the Prevention of Occupational Risks, introduced a profound change in the way in which prevention was understood and applied in a double sense: on the one hand, integrating it into the (a) a set of activities and decisions taken within the enterprise, and another, by the establishment of new mechanisms or instruments, the use of which by the employer would enable it to determine the need for action preventive and to know, in such a case, what these measures would have to be.

The application of the preventive activity in the company is structured, from this new approach, through the modalities of organization of said activity that in the aforementioned law are regulated and that were subsequently developed for the Prevention Services Regulation, approved by Royal Decree 39/1997 of 17 January.

Among the modalities of organization of preventive activity are regulated, in article 31 of the law, the so called prevention services, which may be owned by the company or others, and which are defined as " the set of human and material resources necessary to carry out preventive activities in order to ensure adequate protection of the safety and health of workers, advising and assisting the employer, workers and their employees. representatives and specialised representative bodies. "

In order to provide a sufficient set of possibilities to organize in a rational and flexible manner the development of preventive action-including the eventual participation of mutual accidents at work and diseases Article 32 of the Law, as stated in the explanatory memorandum of Law 31/1995 of 8 November 1995, has authorized mutual societies to develop, in relation to the associated enterprises, the functions of the corresponding to the prevention services, subject to the same requirements as the other prevention services of such a character.

Given the nature of collaborating entities in the management of the Social Security of the mutual societies, as well as the affectation to the ends of the Social Security of the resources and resources that they manage, and having regard to the private nature of the new preventive activity authorised to the mutual societies by Law 31/1995 of 8 November 1997, by the Ministerial Order of 22 April 1997, the two activities were provisionally defined and authorized by the use of personal and material resources for the purposes of collaboration in the management of security Social for the development of this new private activity, if conditioned to the credit to the Social Security of a cannon as consideration.

However, the development by the mutual of the activity as non-foreign prevention services under the conditions indicated, with the shared use of means, has come to introduce an obstacle that makes considerably difficult the control tasks of these entities as partners in the management of social security, as highlighted by the Court of Auditors and the General Intervention of Social Security in the reports issued during the The Commission has also pointed out the restriction of competition in the field of free competition. action by mutual associations, under such conditions, in relation to the other non-foreign prevention services.

The above, coupled with the lack of a regulatory development of Article 32 of Law 31/1995 of 8 November, makes it necessary to draw up this royal decree, which responds to a twofold objective: to provide a solution, part, the problems indicated, and the development, at the same time, of the legal authorisation given to mutual societies to act as non-foreign prevention services, which has not been the subject of regulatory development to date.

This is part of the distinction between preventive activity developed by mutual societies in the field of social security, and that which corresponds to their voluntary action as non-foreign prevention services; Article 22 of the Prevention Services Regulation, adopted by Royal Decree 39/1997 of 17 January 1997, and Articles 13 and 37 of the General Regulation on cooperation in the management of mutual work accidents, is amended as amended by Article 22 of Regulation (EEC) No 39/1997 of 17 January 1997. and occupational diseases of Social Security, approved by Royal Decree 1993/1995, of 7 December.

The proper regulation of the functioning of the mutual societies as a service of foreign prevention takes place through the new wording of Article 13 of the aforementioned general regulation, for which they have been specially The Court of Auditors ' observations and the General Intervention of Social Security account. This Article, having referred to the preventive activity which the mutual societies develop in the field of social security, in accordance with the provisions of Article 68 of the recast text of the General Law on Social Security, adopted by Royal Decree Legislative 1/1994, of 20 June, provides that the voluntary preventive activity of each mutual as a service of foreign prevention may be carried out through a legal person other than mutual and linked to it, called the prevention society, or by one's own one by means of a specific organisation, in accordance with the provisions laid down in the rules on the prevention of occupational risks, which is independent of that corresponding to the functions and activities of the partnership in the management of social security, all in order to preserve the separation of the means of social security used by mutual societies in their dual activity. It also carries out the regulation of the obligations and limitations of the prevention societies and of the specific organisations mentioned, which will be applicable as long as they carry out activities as preventive services. Other than through the indicated modes.

The conditions and requirements necessary for prevention societies or mutual societies, through the necessary specific organisation, to be able to develop activities are laid down in the transitional arrangements. preventive measures, as well as the process of segregation of society and separation, in both cases, from the means attached to collaboration in the management of social security, and other aspects related to such separation are also regulated.

In the elaboration of this royal decree, the National Commission on Safety and Health at Work has been heard and the most representative trade union organizations and associations have been consulted.

In its virtue, on the proposal of the Minister of Labor and Social Affairs, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers in its meeting on 10 June 2005,

D I S P O N G O:

Article first. Amendment of the general regulation on cooperation in the management of mutual occupational accidents and occupational diseases in the field of social security.

The general regulation on cooperation in the management of mutual accidents at work and occupational diseases in the field of social security, adopted by Royal Decree 1993/1995 of 7 December 1995, is amended as follows: terms:

One. Article 13 is worded as follows:

" Article 13. Preventive activities.

1. The mutual associations of occupational accidents and occupational diseases of social security, as partners in the management of social security, may develop activities for the prevention of accidents at work and diseases. professionals in favour of the associated enterprises and their dependent workers and of the self-employed persons who are injured and who are covered by the aforementioned contingencies, in the terms and conditions laid down in the first subparagraph of the Article 68.2.b) of the recast text of the General Law on Social Security, approved by the Royal Legislative Decree 1/1994, of 20 June, in this regulation and in its implementing and development provisions.

These activities, which do not imply the attribution of subjective rights in favour of such groups, will be excluded from those obligations that employers must develop through some of the modalities of organization of the preventive activity, in compliance with the provisions of Law 31/1995 of 8 November of the Prevention of Occupational Risks.

Mutual institutions may establish centres and facilities for the supply of the activities provided for in this paragraph. The creation, modification and deletion of these will require prior authorisation from the Ministry of Labour and Social Affairs, in the terms set out in Articles 26 to 29. The above shall also apply to the cases in which such centres and facilities are intended for the development of the activity of the mutual as a non-compliance service in accordance with the provisions of paragraph 2.b).

2. The functions which the mutual authorities may carry out as non-foreign prevention services for their associated enterprises are distinct and independent from the activities covered by the previous paragraph and shall be governed by the provisions of Law 31/1995 of 8 November, the Prevention of Occupational Risks, and its regulatory development standards, as well as the provisions of this article and its implementing and development provisions.

The activities that the mutuals intend to do as non-foreign prevention services can be developed through one of the following modes:

(a) By means of a limited liability company or a limited liability company, known as a prevention company, which shall be governed by the provisions of the commercial law and other rules applicable to it, without prejudice to the first paragraph of this section.

b) Directly by the mutual, through a specific organization and independent of that corresponding to the functions and activities of the collaboration in the management of the Social Security.

The exercise of that option, as well as the constitution, if any, of the prevention society, must be approved by the general meeting of the mutual one with the requirements and formalities required for the reform of its statutes and subject to the provisions of this Article and its implementing and implementing rules.

3. In the event of mutual opting for the alternative provided for in paragraph 2.a), the authorisation and development of the activity of the prevention societies shall be in accordance with the following requirements:

(a) The social object of the prevention societies, the capital of which shall be wholly owned by a mutual, shall be, solely and exclusively, acting as a foreign prevention service for the enterprises associated with the mutual corresponding.

(b) Your social name shall include the term "prevention society" and may not include the term "mutual" or the expression "mutual occupational accidents and occupational diseases of Social Security" or its acronym "MATEPSS", except to refer to their relationship to the mutual holder of their share capital.

(c) In order to constitute the social capital of the company, the mutual promoter of the company may contribute in cash and non-cash contributions to its historical assets, as defined in Article 3. Future contributions to the company under this estate will be subject to the limitations laid down in the implementing rules.

The titles received by the mutuals under these contributions will become part of their historical heritage.

(d) the activities of the prevention societies shall be carried out with complete independence and autonomy from the services provided by mutual societies for the prevention of occupational accidents and occupational diseases; refers to paragraph 1. For these purposes, the organisation, facilities, own personnel and equipment necessary for the development of the activity must be available.

Prevention societies may subcontract the performance of preventive activities in accordance with the terms of the regulatory framework for the prevention of occupational risks.

e) Yields from prevention societies perceived by mutual societies will follow the regime established for the income of their historical heritage.

(f) The members of the board, directors-managers, managers or assimilated persons, or any other person exercising the functions of executive management of a mutual, shall not be able to serve as directors of the prevention. In addition, the administrators of the prevention societies shall be subject to the mutual benefit of their social capital to the prohibitions laid down in Article 76 of the recast of the General Law on Social Security, adopted by Royal Decree Legislative 1/1994 of 20 June.

It shall apply to the mutual and prevention societies, in their status as a foreign prevention service, as established in the field of incompatibilities in Article 17 (c) of the Prevention Services Regulation, approved by Royal Decree 39/1997 of 17 January.

g) The action developed by the mutual partner as a partner of a prevention society shall be subject to the control and monitoring of the commission governed by Article 37 of this Regulation, in the terms laid down in the last paragraph 3 subparagraph of that Article.

In any case, the General Intervention of Social Security will correspond to the competencies established in its implementing regulations.

4. In the case referred to in paragraph 2 (b), the development of functions and activities as a foreign prevention service shall be in accordance with the rules set out below, in the terms and conditions laid down in the rules of application and development:

(a) The specific organisation intended for this purpose must have the facilities, staff and equipment necessary for the development of the functions and activities of the prevention service, without being able to use the means human and material and intangible assets attached to the collaboration in the management of Social Security.

(b) The mutual accounts shall be kept separate from the activity developed by that specific organisation in respect of the management of the social security and the historical heritage by activities other than the corresponding to the foreign prevention service. The management of that specific organisation shall be subject to the internal control of the General Social Security Intervention in the terms laid down in the implementing rules.

5. The cessation of activities which, as a service of foreign prevention, will be carried out by mutual societies through the above procedures, will require the approval of the Ministry of Labour and Social Affairs, in accordance with the relevant development standard, and it shall involve the liquidation of such activity and, where appropriate, the dissolution and liquidation of the prevention company concerned or the transfer by the mutual of all its participation in that prevention company to a third party; in such a case, the the resulting company will be subject to the specific obligations and constraints laid down in the application. The resulting balance shall be integrated into the historical heritage of the mutual benefit referred to in Article 3. Within three months of the end of the operation, the General Intervention of Social Security shall carry out an audit on the settlement or transmission process, which shall be submitted to the Ministry of Labour and Social Affairs to the effects from. "

Two. A final subparagraph is added to Article 37 (3), with the following wording:

" In addition, they must know the criteria for the performance of the mutual in the development of the preventive functions carried out in accordance with the provisions of article 32 of the Law 31/1995, of 8 November, of Prevention of Occupational risks shall be informed of the management carried out and may propose any measures deemed necessary for the best performance of those tasks. "

Article 2. Amendment of the Prevention Services Regulation.

A second paragraph is added to Article 22 of the Prevention Services Regulation, approved by Royal Decree 39/1997 of 17 January, with the following wording:

" Such functions are distinct and independent of those corresponding to the collaboration in the management of social security that they have attributed under the provisions of article 68 of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June. "

First transient disposition. Adaptation of the action of the mutual societies as a service of prevention outside the scope of the new wording of Article 13 of the General Regulation on the collaboration in the management of the mutual accidents of work and occupational diseases Social Security.

The mutual work accidents and occupational diseases of Social Security that at the time of the entry into force of this royal decree directly develop activities as non-foreign prevention services, under cover the provisions of Article 32 of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks shall elect to adapt the development of that activity to the provisions of Article 13.2 of the General Regulation on cooperation in the field of the management of mutual occupational accidents and occupational diseases in the field of social security, approved by Royal Decree 1993/1995 of 7 December 1995 or by ceasing in that activity, all in accordance with the provisions of this transitional provision, as well as in the second, third and fourth transitional provisions and other rules of application and development.

It shall be for the general meeting of the mutual board to exercise that option; to this end, it shall be convened for the adoption of the corresponding decision within the first seven months of the financial year 2005. However, the mutual board of directors may provisionally adopt the agreement to continue or cease the activity, for the purposes of initiating the formalities provided for in the second, third and fourth transitional provisions.

Second transient disposition. Processing of the file for the authorisation of the continuation of the activity through the transfer to a prevention society.

1. The continuation of the activities of the mutual as a service of foreign prevention through a society of prevention will require the authorization of the Ministry of Labour and Social Affairs, for which the corresponding file must be processed (a) segregation in respect of the preventive activity referred to in Article 13 (1) of the General Regulation on the management of the mutual management of occupational accidents and occupational diseases of social security, approved by the Royal Decree 1993/1995 of 7 December 1995 before the Directorate-General for the Management of Security Social. To this end, the mutual agreement shall be made by the mutual agreement within the maximum period of one month after the adoption of the agreement referred to in the second subparagraph of the first transitional provision, to which the following shall accompany: documentation:

(a) A certification of the agreement adopted by the general meeting of the mutual in relation to the continuation of activities, where express the will of the mutual to constitute a society of prevention, all this conditional on obtaining the required administrative authorization.

Without prejudice to the foregoing, the administrative file of segregation may be initiated by an agreement adopted by the mutual board of directors in the same direction, which shall be indicated by a certificate issued to the effect. The certification of the agreement to be adopted by the general meeting of the mutual agreement as provided for in the preceding paragraph may be provided at any time during the procedure before its conclusion.

b) A memory of the financial aspects that affect the separation operation. This memory will include:

1. A balance sheet of segregation, as at 31 December 2004, of the historical heritage to be transmitted to the prevention society.

2. A balance sheet, as at 31 December 2004, of the historical heritage that will remain attached to the collaboration in the management of Social Security.

3. A detailed inventory of the asset and liability accounts of the segregation balance, recorded by their book value for the purposes of their contribution to the prevention society.

c) A memory about the management aspects that affect the segregation operation, which will include:

1. An inventory of the assets of assets and liabilities affected by the activity as a foreign prevention service, as at 31 December 2004, in which those belonging to the patrimony of social security are distinguished attached to the mutual of those who belong to their historical heritage.

2. An inventory of the premises and other real estate used in whole or in part by the mutual in its activity as a service of foreign prevention, in which those belonging to the patrimony of the security are distinguished Social attached to the mutual, those other belonging to its historical patrimony and those belonging to third parties and used under the lease.

3. In the event that the mutual claims to be covered by the first subparagraph of the third subparagraph of paragraph 4 of this transitional provision, it shall include the relationship of movable and immovable property and rights. belonging to the social security patrimony attached to the mutual or historical patrimony which the prevention society will use at market prices after segregation, as well as the premises and other immovable property belonging to third parties and used by the mutual fund in whole or in part in its activities as a service of prevention, which shall continue to be used by the prevention society after segregation by means of an imputation of the cost which is established by such use.

4. A detailed inventory of the industrial and contractual relations affected by the activity as a service of foreign prevention, as of 31 December 2004, and which, if necessary, would be the object of cession to the society of prevention. The corresponding agreement shall be included with the representation of the workers in respect of those who are to move on to the said company and its working conditions or, failing that, the supporting documentation of the negotiations carried out in order to obtain such an agreement.

5. A detailed inventory of industrial relations that would affect the development of the preventive activities set out in Article 13.1 of the General Regulation on collaboration in the management of mutual accidents of occupational health and occupational diseases, approved by Royal Decree 1993/1995 of 7 December 1995, or other activities of the said collaboration.

6. The draft statutes of the prevention society, to the mere effects of checking that they do not contravene the provisions of this transitional provision and in the aforementioned regulation.

7. The relationship of legal business subscribed by the mutual in which the prevention society will be subrogated.

2. Submitted the application for authorisation together with the documentation referred to above and the other documentation laid down in the implementing and development provisions, and after processing the relevant segregation file, in which the report of the General Intervention of Social Security on this process of segregation will be mandatory and decisive, the Ministry of Labour and Social Affairs will dictate the corresponding administrative resolution, which must be motivated and notified to the mutual interest within six months of the receipt of the authorization request.

3. The transfer of that activity to the prevention company, after obtaining the necessary administrative authorization referred to in the preceding paragraph, shall be made by contribution of the said activity to the society of prevention in the the time of its formation or by virtue of an increase in capital to a previously constituted company. For these purposes, from the time of filing of the application for authorization referred to in the preceding paragraph, mutual societies may constitute a limited liability company or a limited liability company intended to become the company of prevention, which will have a capital equal to the minimum legally required for the chosen social form. In both cases, the corresponding disbursement may be made from the historical heritage of the mutual benefit referred to in Article 3 of the General Regulation on the management of mutual occupational accidents and diseases. Social Security professionals, approved by Royal Decree 1993/1995, of December 7.

In any case, the transmission of the activity shall be carried out without a continuity solution, in such a way that the exercise of the functions as a foreign prevention service is not impaired, in the following terms:

(a) The contribution of the activity shall be made with the date of economic effects 1 January 2005, in such a way that all transactions, covenants and contracts relating to that activity and the assets and liabilities affected by it carried out since 1 January 2005 by the mutual fund shall be understood as a preventive society.

b) The contribution will not be the cause of the resolution of the concerts subscribed by the mutual one with their associated companies under the protection of the provisions of article 20 of the regulation of the services of prevention, approved by the Royal Decree 39/1997, of 17 January, and the prevention society shall be subrogated in all rights and obligations arising from the aforementioned concerts.

(c) The employment relationships of the staff affected the activity as a non-existent prevention service at the time of the contribution, prior to the agreement or negotiations referred to in paragraph 1 (c) .4. Article 44 of the recast text of the Law of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995, of March 24.

d) The prevention society shall be subrogated in all accreditations obtained by the mutual to the effects of being able to act as a foreign prevention service.

4. Once the authorization referred to in paragraph 2 has been obtained, the mutual agreement shall formalize the transfer of the activity as a preventive service to the prevention society by granting the corresponding public deed, which shall be entered, where appropriate, in the relevant Trade Register, in accordance with applicable commercial law.

Once the segregation process has been completed by granting the previously mentioned public deed, the mutual and preventive societies constituted by them will not be able to use for the development of the (a) the role of the prevention services in the field of human and material and intangible means of cooperation in the management of social security.

This is without prejudice to the possibility of the use of movable and immovable property and rights attached to the partnership in the management of social security for a maximum period of three years from the date of such public deed, in the terms and conditions laid down in the implementing and implementing provisions. At the end of that period, the Ministry of Labour and Social Affairs may, exceptionally, authorise the use by companies of the prevention of certain goods and rights for an additional period of up to two years, provided that (a) the relevant application shall be made at least six months in advance, to which the evidence of the concurrence of such circumstances and of the circumstances of the case shall be accompanied by a minimum of six months ' notice. acted in order to comply with the provisions of the previous paragraph, as well as the corresponding plan for their adaptation to the requirements set out therein, with the specific objectives and deadlines for implementation.

If, after the expiry of the additional period laid down in the preceding paragraph, any mutual proof of the impossibility of carrying out the segregation or the serious injury resulting therefrom, the Ministry of Labour and Social security may be granted on an exceptional basis and exclusively for the purposes of the health surveillance speciality, which shall be carried forward on a yearly basis, without exceeding three. To this end, the corresponding application shall be made for each of these extensions at least three months in advance, accompanied by the evidence of the impossibility or the damage referred to above, together with the set to the final paragraph of the previous paragraph.

The acts of disposition on the goods and rights pertaining to the patrimony of the Social Security shall be governed by the provisions of Royal Decree 1221/1992, of 9 October, on the patrimony of Social Security. Where such acts affect property and rights which are part of the historical heritage, they must be carried out at market price and require prior authorization from the Ministry of Labour and Social Affairs, for which the Report of the General Treasury of Social Security.

During the transitional period referred to above, the directors-managers of the mutual associations may, in addition to the functions of their own office, develop those relating to the administration, management and management in the prevention. The Board of Directors of the Mutual Board shall agree on the remuneration of the Director-Manager for the functions performed in the mutual fund, taking into account the remuneration that he may receive from the prevention society.

5. Until the process of segregation and transfer to the prevention society provided for in this transitional provision is completed, the mutual occupational accidents and occupational diseases of the social security system may continue to carry out their activities. as a foreign prevention service in the current terms, using on a transitional basis the human, material and intangible means attached to the institution's prevention activities programme in the coverage of accident contingencies The Committee on Social Affairs and Employment and the Committee on Social Affairs (a) the obligation to charge to the accounts which bear the costs of the activities as a preventive service the cost of their use, in accordance with the criteria, terms and conditions laid down in the Order of 22 April 1997, by the that the functioning of mutual societies in the development of occupational risk prevention activities and in the implementation and development provisions is regulated.

Transitional provision third. Processing of the authorization file for the continuation of the activity by a specific organization.

1. Where the mutual option is to continue the activity in accordance with the procedure laid down in Article 13.4 of the General Regulation on cooperation in the management of mutual occupational accidents and occupational diseases Social, approved by Royal Decree 1993/1995, of 7 December, the processing and resolution of the corresponding file, as well as the process of segregation consequent, will be governed by the provisions of paragraphs 1, 2 and 5 of the provision second transitional period, with the special features to be laid down in the implementing provisions and development, but the references made to the prevention society will be understood as being made to the specific organisation.

2. In any case, the segregation process must be completed within a maximum of one year from the date of approval. After the expiry of that period, mutual funds may not be used for the development of the functions corresponding to the prevention services of human and material and intangible resources attached to the management of security Social.

Transitional disposition fourth. Cessation of the provision of the foreign prevention service.

1. In the event that the mutual chooses not to continue the activities as a service of foreign prevention, such a decision will require authorization from the Ministry of Labor and Social Affairs, for which the corresponding file of cessation will have to be processed in respect of the prevention service referred to in the first transitional provision, to the Directorate-General for the Management of Social Security. To this end, the mutual agreement shall be made by the mutual agreement within the maximum period of one month after the adoption of the agreement referred to in the second subparagraph of the first transitional provision, to which the following shall accompany: documentation:

(a) A certification of the agreement adopted by the general meeting of the mutual one on the cessation of activities of the service of foreign prevention, in which the will of the mutual one is expressly manifested not to continue with said activities, all of which are conditional upon obtaining the required administrative authorisation.

b) A memory on the management aspects affecting the cessation operation of the foreign prevention service, which will include:

1. A detailed inventory of labor and contractual relationships affected by the activity as a foreign prevention service as of December 31, 2004.

2. A detailed inventory of industrial relations that are affected by the development of preventive activities as set out in Article 13.1 of the General Regulation on the management of mutual accident insurance occupational diseases of social security, approved by Royal Decree 1993/1995 of 7 December, or other activities of the said collaboration.

3. In the case of reallocation of labor relations from the prevention service to the preventive activities of the article, a detailed relationship of workers affected by this situation.

4. A relationship of legal business subscribed by mutual societies for the service of foreign prevention and proposal for the rescission of those.

5. A relation of rights of collection and debts to third parties corresponding to the foreign prevention service.

2. The application for authorisation, together with the documentation referred to above and the other documentation laid down in the implementing and development provisions, and after the processing of the relevant eesc file, is submitted in the The report of the General Intervention of Social Security, the Ministry of Labour and Social Affairs, will dictate the corresponding administrative decision, which should be motivated and notified to the mutual interested party. within six months of the receipt of the application for authorisation, and of the to be transferred to the competent labour authority.

Transient disposition fifth. Creation, modification and deletion of heritage centres and operations.

1. Pending the adoption and conclusion of the processes of segregation of activities covered by the second and third transitional provisions, the requests for mutual accidents at work and occupational diseases in the field of social security authorising the establishment, modification or deletion of health and recovery facilities and services referred to in Article 12.1 of the General Regulation on the management of mutual work accidents and Occupational diseases of social security, approved by Royal Decree 1993/1995, of 7 of December, as well as the requests and communications provided for in Articles 26 to 29 of the said Regulation, must necessarily be accompanied by a explanatory memorandum that the operation concerned has no impact and is not affected by the process of separation of activities covered by the second and third transitional provisions.

2. Where the mutual chooses the form of specific organization regulated in the third transitional provision, it shall not be able to sign new concerts for the development of preventive activities or to request new accreditations as a service of prevention, until the process of segregation is approved. Similarly, during that period they shall also be unable to carry out the property operations covered by Articles 26 to 29 of the General Regulation on cooperation in the management of mutual work accidents and occupational diseases. (a) to create, modify or delete centres and facilities, or to recruit staff, in relation to the preventive activities, both of those covered by the occupational contingencies and of those corresponding to the prevention services.

Transitional disposition sixth. Accreditations as a foreign prevention service.

Within one year of the granting of the public deed referred to in paragraph 4 of the second transitional provision or from the approval of the regulated process in the third transitional provision, the mutual funds they must inform the competent labour authority, as appropriate, of the changes in the conditions under which their accreditation was based as a preventive service which is a consequence of the separation, all in accordance with the with the provisions of Article 27 of the Prevention Services Regulation, approved by the Royal Decree 39/1997 of 17 January. In any event, the accreditations of the mutual associations as non-foreign prevention services, as well as, where appropriate, the prevention societies constituted by them, shall be deemed to be subsist during that period.

Transitional disposition seventh. Warranty for staff.

If, for a period of five years, from the granting of the public deed to which the second transitional provision is concerned, the cessation of the activities as a service of prevention of viniese should be produced. By developing mutual assistance through the relevant prevention society, mutual assistance will be provided in the subsidiary, under its historical heritage and under the social security patrimony attached, in this order, to the obligations which it is required to fulfil. may derive from the staff transferred to that company, and may opt for the readmission of such personnel to the staff of the mutual.

Transient disposition octave. Adaptation of the statutes.

The mutual accidents of work and occupational diseases of Social Security will adapt their statutes to the provisions of this royal decree. Such adaptation shall be carried out within six months of the date of the decision authorising the continuation of the activity as a service of foreign prevention or the cessation of such activity, which are regulated in the second, third and fourth transitional provisions.

Final disposition first. Application and development powers.

The Minister of Labour and Social Affairs is empowered to dictate how many provisions of a general nature are necessary for the implementation and development of this royal decree.

Final disposition second. Entry into force.

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

Given in Madrid, June 10, 2005.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

JESUS CALDERA SANCHEZ-CAPTAIN