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Royal Decree 428/2004, Dated 12 March, Amending The General Regulation On Collaboration In The Management Of The Mutual Of Accidents And Professional Illnesses Of The Social Security, Approved By Royal Decree 1993 / 1995,...

Original Language Title: Real Decreto 428/2004, de 12 de marzo, por el que se modifica el Reglamento general sobre colaboraciĆ³n en la gestiĆ³n de las mutuas de accidentes de trabajo y enfermedades profesionales de la Seguridad Social, aprobado por el Real Decreto 1993/1995, ...

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TEXT

Paragraph 1 of the 34th additional provision of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June, introduced by Article 40.4 of the Law 53/2002, of 30 December 2002, of fiscal, administrative and social measures, provides that the self-employed persons included in the Special Scheme for Social Security of Workers for the Account of Own or Autonomous Communities may improve on a voluntary basis the protective action which the scheme exempts them, incorporating the (a) in the case of accidents at work and occupational diseases, provided that the persons concerned have, prior to or at the same time, chosen to include, within that area, the economic benefit due to temporary incapacity. In addition, paragraph 3 of that provision states that the coverage of the professional contingencies of such workers shall be carried out with the same management or working party with which the coverage of the contract has been formalised. temporary incapacity.

Royal Decree 1273/2003 of 10 October, regulating the coverage of professional contingencies of workers included in the Special Regime of Social Security of Workers for Account In the case of the selfemployed, and the extension of the temporary incapacity benefit for the self-employed, it has proceeded to the appropriate regulatory development of the said additional provision, both in respect of benefits and in relation to the the legal status of the options to be formulated by the parties concerned and with the relating to the contribution of the expressed contingencies.

Consequently, it is necessary to proceed to the amendment of the general regulation on cooperation in the management of mutual accidents at work and occupational diseases of social security, approved by the Royal Decree 1993/1995 of 7 December 1995, in order to regulate the legal system of the management by those institutions of the coverage of professional contingencies of workers included in the express scheme, which exercise that option in the the terms set out in the above provisions.

To this effect, this royal decree amends the aforementioned regulation, incorporating the regulation corresponding to the way in which the interested workers can establish the corresponding obligation bond with the mutual ones for the management of such coverage and the scope of the coverage, as well as the legal, administrative, financial and accounting arrangements for the activity.

Also, the regulation of the management developed by such entities regarding the coverage of professional contingencies is completed, incorporating to the indicated regulation the treatment of the aspects mentioned above in relationship with the self-employed persons included in the Special Agrarian System of Social Security and in the Special Regime of the Social Security of the Sea Workers.

On the other hand, the second paragraph of Article 1 of Law 28/2003, of 29 September, the regulator of the Social Security Reserve Fund, establishes that the excess of surpluses arising from the management by the mutual societies of the the provision of temporary incapacity for common contingencies, determined in accordance with its regulatory standards, shall be used to provide such a fund. Accordingly, the adequacy corresponding to the treatment of the aforementioned aspect is incorporated.

Finally, the experience gained in the application of the abovementioned regulation has shown the need to regulate in greater detail certain aspects. In this context, the procedure for the dissolution and liquidation of joint facilities and services, the creation, modification and abolition of preventive services, as well as the assumptions made by the Commission, are defined by this amendment. (a) the provision and dispossession of immovable property in favour of another mutual benefit and of management bodies or common services of social security.

In its virtue, on the proposal of the Minister of Labour and Social Affairs, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on March 12, 2004,

D I S P O N G O:

Single item. Amendment of 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.

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

One. Article 1 is worded as follows:

" Article 1. Regulatory standards.

The collaboration in the management of social security attributed in Article 67 (1) and in the additional eleventh and 30th provisions of the recast text of the General Law of Social Security, approved by The Royal Decree of Law 1/1994 of 20 June, to the mutual of occupational accidents and occupational diseases of Social Security (hereinafter, mutual), will be governed by the rules of this regulation and its provisions of application and development, without prejudice to the remaining rules of the law and the legal provisions or regulations applicable to it. "

Two. Two new paragraphs, third and fourth, are incorporated into Article 2 (1), with the following wording:

" In the same way, in accordance with the provisions of the 34th additional provision of the recast text of the General Law of Social Security, they will be able to assume the protection of the contingencies of accidents at work and occupational diseases of self-employed persons included in the Special Staff Regulations of Workers of the Own or Self-employed persons in respect of those who, prior to or at the same time, assume the management of the temporary disability allowance in virtue of the provisions of the preceding paragraph, and which have chosen to improve the protective action that the scheme dispenses with them, incorporating the coverage corresponding to the professional contingencies.

They may also assume the protection of the contingencies of occupational accidents and occupational diseases of the self-employed persons included in the Special Agrarian Regime of Social Security and the Regime Special to the Social Security of the Workers of the Sea, in accordance with the provisions of Article 46 (2) and Article 48 (4) of the General Regulation on the registration of undertakings and affiliation, high, low and Changes in the data of workers in social security, approved by Royal Decree 84/1996 of 26 January. '

Three. A new fourth subparagraph is added to Article 12 (2), with the following wording:

"The dissolution and liquidation of the aforementioned joint facilities and services shall be in accordance with Chapter V of Title I in so far as it is not incompatible with its nature and characteristics."

Four. Article 13 is worded as follows:

" Article 13. Preventive services.

Mutual occupational accidents and occupational diseases can provide services for the prevention of accidents at work and occupational diseases in favour of the associated enterprises and the their dependent workers and self-employed persons who are injured in the circumstances referred to in the terms and conditions laid down in Article 68.2.b) of the consolidated text of the General Law on Social Security.

They will also be able to establish centers and facilities for the dispensing of the referred preventive services. Its creation, modification and deletion will require prior authorisation from the Ministry of Labour and Social Affairs, and it will be applicable to Articles 26 to 29 of this Regulation. In the event that such centres and facilities are intended for the development of their activity as a service of prevention of the associated enterprises, in the instruction of the file will be obtained prior report of the competent Public Service in the corresponding territorial scope, which will be mandatory and decisive. "

Five. Article 24 (3) is worded as follows:

" 3. By way of derogation from the preceding paragraph, the figure of the total revenue for the financial year shall be deducted from the corresponding revenue, where appropriate, to the management of the economic performance of temporary incapacity arising from common contingencies. of the employees at the service of their associated undertakings and of the self-employed persons who are injured as provided for in Article 79.1. The maximum administrative expenditure limit for this management in each financial year shall be the same as the Ministry of Labour and Social Affairs. " Six. A new third subparagraph is added to Article 29 (2), in the following

:

" notwithstanding the provisions of the preceding paragraph, in cases where the attachment or disattachment of the property implies the creation, modification, transfer or deletion of health services or facilities, recovery or prevention, for the granting, where appropriate, of the conformity of the Ministry of Labour and Social Affairs, shall apply as set out in Articles 12.1 and 13 of this Regulation. "

Seven. Article 29 (3) is reworded as follows:

" 3. The provisions of the preceding paragraph shall also apply where the change of membership is made in favour of the managing bodies and the common services of social security. In these cases, prior to the granting of the conformity by the Ministry of Labour and Social Affairs, the General Treasury of Social Security shall establish the value of the compensation after hearing the mutual and the market price. "

Eight. The heading of Chapter I of Title II is worded as follows:

"Management of protection against the contingencies of accidents at work and occupational diseases of the staff at the service of the associated entrepreneurs."

Nine. A new second subparagraph is added to Article 61 (2), with the following wording:

" 2. It is for the mutual benefit to be dealt with by the medical staff on discharge, confirmation of discharge and discharge, as well as the declaration of entitlement to the allowance, refusal, suspension, cancellation and declaration of extinction, in the case of the temporary incapacity arising from the contingencies of accidents at work and occupational diseases relating to workers who are dependent on the associated undertakings falling within the scope of the management of the mutual fund, subject to determination of the causative contingency and in the terms laid down in the regulatory rules of the the applicable Social Security. It is also up to him to agree on the successive casualties, confirmation of discharge and discharge, issued in the processes originated by the same pathologies that caused processes derived from the indicated contingencies corresponding to these workers, in the terms and the scope referred to above, as well as the declaration of the right to the subsidy, its refusal, suspension, cancellation and declaration of extinction. '

Ten. The heading of Chapter II of Title II is worded as follows:

"Management of the economic benefit of temporary incapacity for common contingencies of the staff at the service of the associated entrepreneurs."

Once. A new paragraph (2) is added to Article 73.2.a) with the following wording, with the current wording as paragraph 3

"2. The revenue resulting from the agreements and agreements referred to in Article 83.2, for the performance of the activities referred to in Article 82."

Twelve. Article 73 (2) (b) (1) is worded as follows:

"1. The cost of monitoring and monitoring of the economic performance and the situation of temporary incapacity for common contingencies and the actions referred to in Article 82."

Thirteen. The third subparagraph of Article 73 (3) shall be read as

:

" Similarly, when the reserve for the stabilisation of temporary incapacity for common contingencies is endowed with the maximum amount, the positive results resulting from this management shall be allocated to the allocation of the the provision and reserves provided for in Article 65 of this Regulation, provided that they have not been able to be covered at the maximum level by the application of the results produced in the management of professional contingencies. The surplus resulting from its application, as the case may be, as set out above, shall be used to provide the Social Security Reserve Fund provided for in Article 91.1 of the recast text of the General Law on Social Security, The following shall be entered in the General Treasury of Social Security within the time limit laid down in the first paragraph of Article 66.1 of this Regulation. '

Fourteen. The first subparagraph of Article 75 (1) shall be worded as follows:

" 1. The worker's relationship with the mutual fund will be formalised by the subscription of the corresponding "accession document" in the case of the workers included in the Special Scheme for the Own or Autonomous Account Workers, and of a Annex to the "accession document" provided for in Article 86.1 in the case of self-employed persons included in the Special Agricultural Social Security Scheme, which shall have a period of validity of a calendar year, tacitly for the same period, unless expressly stated by the person concerned and duly notified before 1 October of the financial year preceding the year in which the accession to another entity has taken effect or the waiver of the cover, and provided that the person concerned, on the date of application for the change of entity, is not on a lower temporary incapacity.

In the latter case, the option previously made, which may be amended before 1 October of the following financial year and with effect from 1 January thereafter, will be maintained, provided that the new option is The interested party is located on high. "

Fifteen. Article 75 (2) and (3) shall be drawn up in the following terms

" 2. The document of accession and the Annex referred to in paragraph 1 above shall include the rights and duties of the person concerned and of the person concerned, as well as the date and time at which they are born and their effects are extinguished. They shall also necessarily express the name of the worker, the name or the social name, where appropriate, their address and activity, as well as the scheme and number of social security affiliation.

3. The Ministry of Labour and Social Affairs shall draw up the corresponding models of the "accession document" and the annex provided for in the preceding paragraphs. " Sixteen. The first subparagraph of Article 76 (2) is worded as follows:

" The mutual benefit of occupational accidents and occupational diseases of social security must be covered by the economic benefits in favour of self-employed persons who are in favour of those who are temporary incapacity, with the same scope as the social security management entities, subject to the provisions of Chapter II of Royal Decree 1273/2003 of 10 October 2003 regulating the coverage of occupational contingencies workers included in the Special Scheme for the Social Security of Workers by Self-employed or self-employed persons, and the extension of temporary incapacity for self-employed persons, and other implementing rules, with the particularities set out in this regulation. "

seventeen. Article 77 (1) is worded as follows:

" 1. Each worker shall be entitled to the right to be registered as a member of the European Social Security Office. He shall be entitled to the right to be a member of the European Social Security Office. referred to in Article 75.2. '

Eighteen. Article 78 (2) is worded as follows:

" 2. Specifically, self-employed persons who are in temporary incapacity shall be obliged to submit to the corresponding mutual occupational accident and occupational disease insurance company the declaration to which they are entitled refers to the second paragraph of Article 12 of Royal Decree 1273/2003 of 10 October 2003, in the terms and with the intended effects thereof. '

nineteen. Article 79 is worded as follows:

" Article 79.

1. The revenue and expenditure of the mutual benefit of occupational accidents and occupational diseases arising from the cooperation in the management of the economic benefits of temporary incapacity for the benefit of the employed persons Member States shall, in accordance with Article 7 (2) of Regulation (EU) No 1372/2014, take into account all the other revenue and expenditure incurred and incurred by those entities in the management of the provision referred to in Article 73.2. In this regard, it shall apply to the administrative costs resulting from such management as laid down in Article 24 (3).

Taking into account the integration of results as set out in the preceding paragraph, the contributions received shall be included in the basis of calculation of the annual amount of the stabilisation reserve as set out in paragraph 3. of Article 73.

The provisions of this paragraph shall also apply with regard to the destination of the resulting excess surplus, in accordance with the terms laid down therein.

2. Mutual assistance shall be provided to the Ministry of Labour and Social Affairs, with the periodicity and in the terms established by it, the economic data and other information relating to the mode of collaboration in regulated management in this sector. chapter. "

Twenty. The second paragraph is amended and two new third and fourth paragraphs are added to Article 80 (1), with the following wording:

" The function of the declaration of the right to the subsidy, as well as those of its refusal, suspension, cancellation and declaration of extinction in the processes of temporary incapacity corresponding to workers dependent on associated companies and on self-employed persons who are injured.

The declaration of the right to economic performance and its maintenance shall be made after determination of the mutual contingency and verification of all the facts and conditions set out in Article 128 of the text recast of the General Law on Social Security and the fulfilment of the requirements laid down in Article 130 of the same law, as well as of the specific provisions laid down for this provision in the various special schemes governing access the right of self-employed persons, without prejudice to the health control of the high and medical leave by public health services on the terms and with the scope set out in Royal Decree 575/1997 of 18 April.

In addition, mutual funds will bear the cost of the temporary disability allowance, the cost of the administrative management they carry out in relation to these benefits and the monitoring and monitoring of the economic and social benefits. the status of temporary incapacity, as well as that of the actions referred to in Article 82. "

Twenty-one. A new Chapter V is incorporated in Title II, with the following wording:

" CHAPTER V

Management of protection against the contingencies of occupational accidents and occupational diseases of the self-employed.

Article 85. Exercise of the option.

1. In accordance with Article 46 (2) and Article 48 (4) of the General Regulation on the registration of undertakings and the membership, high, low and variations of data of workers in the field of social security, adopted By Royal Decree 84/1996 of 26 January, the self-employed persons included in the Special Agrarian System of Social Security and in the Special Regime of the Social Security of the Workers of the Sea may choose to formalize the management of the coverage of occupational accident and occupational disease contingencies with a of accidents at work and occupational diseases of social security.

This option must be accepted by the mutual. Failure to pay social security contributions may not give rise to the resolution of the resulting accession relationship, without prejudice to the conditions for access to benefits in the regulatory framework of the the social security scheme in question.

Membership will have a term of validity of one year, and must in any event coincide with its expiration with the last day of the month, and will be interpreted tacitly for annual periods, unless the worker has denounced the own account, duly notified at least one month in advance of the due date.

2. Self-employed persons included in the Special Scheme for the Own or Self-Employed Workers, who, as laid down in Articles 74 and 75 and other implementing provisions, formalise or are formalised with a Mutual Fund of Accidents at work and occupational diseases of social security the management of the economic benefit due to temporary incapacity, may choose to benefit from the protection of the contingencies of occupational accidents and diseases, in the terms laid down in Article 47 (3) of the General Regulation on registration of companies and affiliation, high, low and variations of data of workers in the Social Security, approved by Royal Decree 84/1996, of January 26, in which case, they must formalize such protection with the same mutual.

This option must be accepted by the mutual. Failure to pay social security contributions may not give rise to the resolution of the resulting accession relationship, without prejudice to the conditions for access to benefits under Article 5 of the Royal Decree. Regulation (EC) No 1273/2003 of 10 October 2003 regulating the coverage of professional contingencies for workers included in the Special Scheme for the Social Security of Workers for the Account of Own or Self-Employed and the extension of the temporary incapacity benefit for the self-employed.

The option must be made by the worker at the time of formalizing the document of accession with the mutual one, going together with the validity of the document, so that, in accordance with the provisions of Article 75, it will have a period of validity of a calendar year, tacitly extendable for the same period.

However, it may waive such protection in the form, period and other conditions, and with the effects set out in Article 47 (3) of the General Regulation on the registration of undertakings and affiliation, high, low and Changes in the data of workers in social security, approved by Royal Decree 84/1996, of 26 January, without this implying altering their remaining rights and obligations as an adherent. If this waiver is made, the worker shall be entitled again to the protection in the form, time limits and other conditions and with the effects set out in that paragraph, in which case he must formalise it with the mutual one with which he is formalised or formalise the management of the economic benefit due to temporary incapacity arising from common contingencies.

Article 86. Formalisation.

1. The relationship of the self-employed person to the mutual account, resulting from the exercise of the option referred to in paragraph 1 of the previous Article, shall be formalised by the subscription of the corresponding "accession document", in which the collect the rights and obligations of the self-employed person and of the mutual benefit, as well as the date and time at which they are born and their effects are extinguished.

2. The option referred to in paragraph 2 of the previous Article shall be formalised in an Annex to the 'accession document' for the management of the temporary incapacity for economic benefit, as laid down in Article 75.1, in which the rights are collected. and obligations of the worker and of the mutual, as well as the date and time when their effects are born and extinguished.

3. The Ministry of Labour and Social Affairs shall draw up the corresponding models of the "accession document" and the Annex provided for in the previous paragraph.

Article 87. Cover scheme.

1. The formalisation of the protection by signature, as appropriate in each case, of the document of accession and the Annex provided for in the previous Article shall be for that sole purpose, without, for that reason, the self-employed person acquiring the status of (a) the entity shall be associated with the entity, and shall not be taken into account for the purposes of Article 9.2.

2. The mutual benefit of occupational accidents and occupational diseases of the social security system must be managed in accordance with the rules laid down in the rules governing the coverage of social security contributions. (i) the social security system in question, with the specific features of this regulation.

They shall also exempt self-employed persons who have formalised such protection from preventive services in accordance with the terms laid down in the first paragraph of Article 13, as well as the benefits of social assistance. referred to in Article 67 (1), in accordance with the terms laid down in that Article.

It is for the mutual concerned to issue the medical discharge, confirmation of discharge and discharge, as well as the declaration of the right to the subsidy, its refusal, suspension, cancellation and declaration of extinction, in the processes of temporary incapacity arising from the related professional contingencies relating to self-employed persons who are injured, subject to the determination of the causative contingency and in the terms laid down in the regulatory regulations of the applicable social security scheme. Likewise, it is up to him to agree on the successive casualties, confirmation of discharge and discharge, issued in the processes originated by the same pathologies that caused processes derived from the indicated contingencies corresponding to those workers, in the terms and with the scope referred to above, as well as the declaration of the right to the subsidy, its refusal, suspension, cancellation and declaration of extinction.

3. The financing of the functions and activities attributed to each other by virtue of the provisions of the preceding paragraph shall be made by means of the General Treasury of the Social Security, the amount of the contributions being delivered to them. made by those referred to by the employees concerned for their own account, in accordance with the provisions of the rules governing the social security scheme in which they are registered, with the deductions resulting from the and, specifically, those arising from the provisions of Section 2.a of Chapter III of the General Regulation on the listing and settlement of other social security rights, approved by Royal Decree 2064/1995 of 22 December 1995, in respect of the contribution to the maintenance of the common and social security services Social.

Article 88. Records.

1. The Register of self-employed persons referred to in Article 77.1 of this Regulation shall contain in its structure a specific paragraph for each of the social security schemes referred to in this Chapter, where it is (a) the option or successive options, on the part of the workers registered in it, for the formalisation of the protection of the contingencies of occupational accidents and occupational diseases; the date of such option must be specified; of its effects, as well as, where appropriate, the date of resignation and the dates of the successive options and resignations, as well as those of their respective effects.

2. Similarly, the Register of Contingency for Self-Employed Workers provided for in Article 77.2 shall contain in its structure a separate paragraph for each of those schemes relating to the contingency of accidents of occupational diseases and occupational diseases of the injured workers referred to in the preceding paragraph, in which the personal and professional data of the worker concerned, dates of discharge and medical discharge shall be given in order, as well as data relating to the injury produced that are relevant.

Article 89. Obligations of employees.

1. The self-employed person shall comply with the obligations relating to contributions, documentation, information and other similar obligations arising from the rules governing the protection of the contingencies of accidents at work and occupational diseases under the applicable social security scheme, as well as the provisions of this regulation and other implementing rules.

2. Specifically, workers who are in temporary incapacity arising from the contingencies of accidents at work and occupational diseases shall be obliged to submit to the corresponding mutual work accident and occupational diseases of social security the declaration referred to in the second paragraph of Article 12 of Royal Decree 1273/2003 of 10 October 2003, in the terms and with the effects provided for therein.

Article 90. Financial regime and accounting.

1. The revenue and expenditure of mutual occupational accidents and occupational diseases arising from cooperation in the management of the protection of occupational accidents and occupational diseases in the Member States of the European Community Workers who are injured shall be integrated into all effects with the other income and expenses incurred and incurred by these entities in the management of the relevant occupational accident and occupational diseases. In this regard, it shall apply to the administrative costs resulting from this management as laid down in Article 24 (1) and (2).

The mutuals shall provide the Ministry of Labour and Social Affairs, with the periodicity and in the terms established by it, with the economic data and other information relating to the mode of collaboration in regulated management in this chapter.

2. Taking into account the integration of results as set out in the previous paragraph, the contributions received shall be included in the basis of calculation of the amounts of the reserves of immediate and stabilisation obligations established in the Article 65 (3) and (4).

The provisions of paragraph 2 of the same article shall also apply with respect to the provision for processing contingencies and Article 63 as regards the financial system. "

Twenty-two. Paragraph 2 of the eighth additional provision is worded as follows:

" 2. Also without prejudice to the powers conferred on the said ministry, the ceiling on administrative expenditure relating to the management of the economic performance of temporary incapacity arising from the common contingencies of workers at the service of its associated undertakings and of the self-employed persons, referred to in Article 24 (3), Article 73 (2) (b) (2) and Article 79.1, five per cent of the amount of the contributions obtained by mutual cooperation in the field of management. "

First transient disposition. Deadline for the formalization of the management of the coverage of professional contingencies of the workers included in the Special Regime of Social Security of the Workers for Account Own or Autonomous.

Self-employed or self-employed persons who appear on the High in the Special Scheme of Social Security of Workers for the Account of Own or Self-Employed on 1 January 2004, and who on that date have been formalised management of the economic benefit due to temporary incapacity with a mutual accident at work and occupational diseases of social security and which, in accordance with the provisions of the first transitional provision of Royal Decree 1273/2003, of 10 October, opt for the coverage of the professional contingencies within the two months (a) to be formalized with the same entity, with effect on the terms indicated in that provision.

For the purposes of the preceding paragraph and Article 85 (2) of the General Regulation on the management of mutual occupational accidents and occupational diseases in the field of social security, adopted by Royal Decree 1993/1995 of 7 December 1995, introduced by Article 19 of this royal decree, and until the Ministry of Labour and Social Affairs approves the model of the Annex to the planned "accession document" In Article 86 (3) of the Regulation, the accession relationship shall be formalised in document Annex to the "accession document" provided for in Article 75.1 of that Regulation, the content of which shall be in accordance with Article 86 (2).

Second transient disposition. Formalization of the management of the coverage of the professional contingencies of the self-employed persons included in the Special Agrarian Regime of Social Security and in the Special Regime of the Social Security of the Workers of the Sea.

For the purposes of Article 85 (1) of the General Regulation on cooperation in the management of mutual occupational accidents and diseases of Social Security, approved by Royal Decree 1993/1995, On 7 December, the 'accession document' provided for in Article 86 (3) of the Regulation, introduced by Article 19 of this royal decree, was adopted by the Ministry of Labour and Social Affairs. Accession relationship for the management of the coverage between the self-employed person and the mutual benefit it shall be formalised in the same model of the document to be used for that purpose, in which the data laid down in Article 86 (1) of the Regulation shall be collected in any event.

Transitional provision third. Adaptation of the statutes and registers.

The mutual accidents of work and occupational diseases of the Social Security will have until 31 December 2004 for the adaptation of their statutes to what is foreseen in this royal decree.

In addition, within three months of the publication of this royal decree, the "Official State Gazette" of this royal decree will have to adjust the registration of self-employed persons to the register of self-employed persons, and the contingency of self-employed persons, as laid down in Article 77 of the General Regulation on cooperation in the management of mutual accidents at work and occupational diseases of social security, approved by the Royal Decree 1993/1995 of 7 December 1995, as provided for in Article 88 of the Regulation, which is incorporated by the Article 19 of this royal decree.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this royal decree.

Final disposition first. Powers of implementation and development.

The Minister of Labor and Social Affairs is empowered to dictate the provisions necessary for the implementation and development of the provisions of this royal decree.

Final disposition second. Entry into force.

This royal decree shall enter into force on the day following that of its publication in the "Official Gazette of the State", except for paragraphs thirteen, nineteen, twenty-one and twenty-two of the single article, as well as the transitional provision first, which will have effect from 1 January 2004.

Dado en Madrid, a 12 de marzo de 2004.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

EDUARDO ZAPLANA HERNANDEZ-SORO