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Article 100 of Law 13/1996, of 30 December, of Fiscal, Administrative and Social Order Measures, has given new wording to Article 70 (2) of the recast text of the General Law on Social Security, adopted by Royal Legislative Decree 1/1994 of 20 June, limiting the scope of the principle of unity and integrity of insurance. The amendment of the legal standard has an impact on Articles 61.1 and 69.1 of the Regulation on the collaboration of the Mutual Insurance and Occupational Safety and Occupational Diseases of the Accidents of Occupational Safety, adopted by Royal Decree 1993/1995 of 7 December 1995. which imposes on employers the obligation to arrange with a single Mutual Protection of all their employees for the coverage of the social security contingencies and benefits which they manage, thereby preventing companies that have workplaces located in different provinces the possibility of (a) to be integrated into different mutual institutions, each of them being selected on the basis of the territorial division in which the work centres are located.

This Royal Decree aims at the adequacy of these articles to the new legal framework, limiting the obligation of unity and integrity of insurance to the provincial level, which will improve the development of the functions The European Commission has been responsible for the implementation of the European Commission's programme. It will also lead to an improvement in the supply of benefits, to the direct benefit of the protected workers, since the restrictions on the freedom of choice of the collaborating entity are largely eliminated.

In accordance with the amendment introduced in Article 70 (2) of the recast of the General Law of Social Security, Article 101 of Law 13/1996 of 30 December of Fiscal Measures, Administrative and the Social Order, has given new wording to Article 75 (2) of the recast text, introducing a specific cause in the regime of incompatibilities of the members of the Boards of Directors, Commissions of Control and Monitoring and Commissions of Special Prstations, as well as those who exercise the executive management of these entities, consisting of the impossibility of simultaneously performing such functions in another Mutua, which makes it necessary to amend that Regulation in order to collect the new cases of incompatibility.

Also, the corresponding amendment is introduced in the General Regulation on the registration of companies and affiliation, high, low and variations of data of workers in the Social Security, approved by Royal Decree 84/1996, (a) of 26 January, in relation to those rules which, in accordance with the substantive rules governing the matter, incorporate references to the obligation of undertakings to associate or formalise coverage with a single entity, since changes of a material nature, others must be adapted to the new legal system which is established.

Finally, by means of this amendment, a period of compliance with the provisions of Article 34.1 of the said Regulation of collaboration with respect to the maximum limit of members of the Boards of Directors, for the Cases of merger or absorption of Mutua.

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 21 February 1997,

D I S P O N G O:

Article first.

The Regulation on the collaboration of the Mutual Work and Occupational Diseases of the Occupational Safety Diseases, approved by Royal Decree 1993/1995 of 7 December, is amended in the following terms:

One. Article 61 (1) and Article 69 (1) are reworded, the terms of which shall be as follows:

" Article 61. Associate entrepreneurs.

1. Employers associated with a Mutual of Occupational Accidents and Occupational Diseases of Social Security, in order to cover the contingencies of accidents at work and occupational diseases, will have to protect the whole of (a) its employees in the work centres located in the same province, provided that it is within the territorial scope of the Mutual Fund. For these purposes, the working centre shall be defined as such in the Law on the Staff Regulations, recast text approved by Royal Legislative Decree 1/1995 of 24 March. "

" Article 69. Exercise of the option.

1. Employers who choose to formalise the protection against accidents at work and occupational diseases of their staff with a Mutual of Occupational Accidents and Occupational Diseases of Social Security may, also, to opt for the coverage of the economic benefit due to temporary incapacity arising from common contingencies of the same staff to be carried out by the same Mutua.

This option, which must be accepted by the Mutual Fund, will include all workers in the work centres protected by the institution. "

Two. 1. Article 34 (2) is added to Article 34 (2), the terms of which shall be as follows:

"4. º The companies or persons who are part of the Board of Directors, the Control and Monitoring Commission, the Commission of Special Prstations or perform the executive direction of another Mutua."

2. The wording of Article 34 (6), paragraph 4, is reworded, the terms of which shall be as follows:

"4." 4. Individual declarations, signed by the associated entrepreneurs chosen or, where appropriate, by those appointed to act as members of the Board of Directors representing them, in which they manifest not being incourses in the cases of incompatibility provided for in paragraph 2, paragraphs 2. 3. and 4. above, as well as having knowledge of the prohibition contained in paragraph 4. '

3. Article 35 (2), item 5, is referred to as the heading 6. A new heading 5 is inserted in the following terms:

"5. Who are part of the Board of Directors, the Control and Monitoring Commission, the Commission of Special Prstations or perform the executive direction of another Mutua."

4. A fourth subparagraph is added to Article 37 (2), in the following terms

" Neither may the Control and Monitoring Committee be part of the companies or persons forming part of the Board of Directors, the Monitoring and Monitoring Committee, the Commission of Special Prstations or the management of the Board of Directors. executive of another Mutua. "

5. A third subparagraph is added to Article 67 (2), in the following terms

" Companies or persons who are part of the Board of Directors, the Control and Monitoring Committee, the Commission of Special Prstations or the management of the Board of Directors may not be part of the Commission of Special Prstations. executive of another Mutua. "

Three. 1. A paragraph 4 is added to Article 47, in the following terms

" 4. By way of derogation from Article 34.1 of this Regulation, where the sum of the members of the Boards of Directors incurs in the merger or absorption process exceeds the ceiling laid down therein, the Mutual Fund resulting from the merger or the Mutual absorber shall have a maximum period of three years, counted from the date of the integration, to accommodate the composition of its Board of Directors to the provisions of that Article. "

2. A second subparagraph is added to paragraph 2 of the first transitional provision, in the following terms

"However, those Mutuas incorporated under merger or absorption processes shall have until 31 December 1998 to make such an adjustment."

Article 2.

The General Regulation on the registration of companies and affiliation, high, low and variations of data of workers in Social Security, approved by Royal Decree 84/1996, of January 26, is amended in the following terms:

One. 1. Article 5 (2) is reworded, the terms of which shall be as follows:

" 2. In the act of making the application for registration, the employer shall record the managing body and/or the entity or entities involved in the application for the protection of the contingencies of accidents at work and diseases. professionals as for the coverage of the economic benefit due to temporary incapacity arising from common contingencies, in respect of the employees employed, for the purposes provided for in Articles 14 and following of this Regulation. "

2. Article 11 (2), paragraph 2, is reworded, the terms of which shall be as follows:

" 3. In any case, in the application for registration or in declarations annexed to it, the employer, when he or she is separately aware of the protection by professional contingencies or the coverage of the economic benefit temporary incapacity arising from common contingencies, shall consist of the managing body and/or the entity or collaborating entities by which it chooses to cover such contingencies as well as the economic activity of the undertaking and how much data are precise for the formalisation of the document or documents of association or cover by the General Treasury of Social Security or the corresponding Mutual or Mutual Fund in the terms laid down in the following Articles of this Regulation and in accordance with the provisions of Articles 61 and 69 of the Regulation on the The Mutual Insurance and Occupational Diseases of Occupational Safety and Occupational Diseases, approved by Royal Decree 1993/1995 of 7 December 1995. '

Two. 1. Article 14 (1) is reworded, the terms of which shall be as follows:

" 1. At the time of application for registration, the managing body and/or the entity or entities to whom the employer has chosen, in accordance with the rules, shall be registered in the application for registration or in the declaration annexed thereto. (a) applicable in the field, both for the protection against the contingencies of accidents at work and occupational diseases of the workers to their service and for the coverage of the economic benefit due to temporary incapacity Common contingencies with regard to these same workers. "

2. The second subparagraph of Article 14 (2) is reworded and a third subparagraph is added to that paragraph, in the following terms:

" When the employer has opted for protection for professional contingencies as well as for the coverage of the economic benefit due to temporary incapacity due to contingencies common to one or more Mutuas in the terms and with the scope provided for in Articles 61 and 69 of the Rules of Procedure on the collaboration of the Mutual Insurance and Occupational Diseases of Social Security, approved by Royal Decree 1993/1995 of 7 December 1995, the formalisation of the association document (s) and, where appropriate, of the Annex or Annexes thereto, shall be carried out by the entity (s) concerned, in accordance with Articles 62 and 70 of that Regulation respectively.

When the employer has opted for the protection of professional contingencies as well as for the coverage of the economic benefit due to temporary incapacity due to contingencies common to a managing body and by one or more Several Mutuas, the formalization of the documents for the protection of such contingencies will be carried out, respectively, by the Provincial Directorate of the General Treasury of Social Security or Administration of the same one that carries out the registration and by the collaborating entity or entities concerned. '

3. New wording is given to item 1. and to the first subparagraph of Article 14 (3), paragraph 3, the terms of which shall be as follows:

" 1. The Provincial Directorate of the General Treasury of Social Security or the Administration of the same competent authority shall verify that the employer has made the option or options in favour of the managing body and/or the entity or (a) the relevant cooperating entities and which has submitted the declaration or declarations on the economic activity of the undertaking and other data referred to in Article 11 (2.3) of this Regulation. '

" 3. If the employer's choice or options had been in favour of one or more of the Occupational Accidents and Occupational Diseases of Social Security, the Provincial Directorate of the General Treasury of Security A copy of the application for registration or, as the case may be, the declaration or declarations annexed to it referred to in Article 11 (2) of this Regulation shall be sent to the Mutual or Mutual Association concerned by a copy of the application for registration. an indication of the registration number assigned to the person and, where applicable, of the other account codes (a) the contribution of the Member State concerned to the option or option, so that, in each case, the association document is formalised in accordance with Articles 62 and 70 of the said Regulation on the collaboration of the Working Accidents Occupational diseases of social security and the charging of the work or work declared by the employer is carried out by assigning the appropriate heading. "

Three. Article 17 (2) is reworded, the terms of which shall be as follows:

" 2. The communication of variations shall be directed to the Provincial Directorate of the General Treasury of Social Security or Administration thereof in the province in which the registration was made, and may be filed in any of the offices or records referred to in Article 38.4 of Law No 30/1992 of 26 November 1992 and shall be made in the official model within the period of six calendar days from the date on which they are produced, except in the case referred to in paragraph 1. 1.3. above, in which case the document or accreditative declaration of the new option and communication of the eesc of the former will be presented with ten calendar days prior to their effectiveness, indicating the new entity by which he would have opted for the protection of professional contingencies and, where appropriate, the economic performance by temporary incapacity, within the limits laid down in Article 14 (4) of this Regulation, in accordance with Articles 61 and 69 of the Regulation on the collaboration of the Mutual Insurance and Labour Accidents Social Security professionals, approved by Royal Decree 1993/1995, of 7 December. "

Four. Article 52 (1) is reworded, the terms of which shall be as follows:

" 1. Employers and, where appropriate, self-employed persons are required to keep, for a minimum period of five years, the documents supporting the registration of the employer, document or documents of association for the protection of professional contingencies and, where appropriate, the option for coverage of the economic benefit due to temporary incapacity, affiliation document, discharge and discharge parts and communications of data variations in the terms regulated in the Previous Title. '

Single end disposition.

This Royal Decree shall enter into force on the day following the entry into force of Law 13/1996 of 30 December of Fiscal, Administrative and Social Order Measures.

Given in Madrid to February 21, 1997.

JOHN CARLOS R.

The Minister of Labour and Social Affairs,

JAVIER ARENAS BOCANEGRA