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Royal Decree 1642 / 1996, Of 5 July, On Transfer Of Functions And Services Of The Administration Of The State To The Autonomous Community Of Galicia In The Field Of Social Welfare Mutuals Not Integrated In Social Security.

Original Language Title: Real Decreto 1642/1996, de 5 de julio, sobre traspaso de funciones y servicios de la Administración del Estado a la Comunidad Autónoma de Galicia en materia de Mutualidades de Previsión Social no integradas en la Seguridad Social.

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TEXT

The Spanish Constitution provides in its article 149.1.6., 11. and 13. ª that the State has exclusive competence on the commercial law; the bases of the management of credit, banking and insurance, and the bases and coordination of the general planning of economic activity.

Likewise, and in accordance with the provisions of Article 2 (a) of the Organic Law 16/1995 of 27 December of Transfer of Competences to the Autonomous Community of Galicia, the Autonomous Community of Galicia transfer of exclusive competence over non-integrated mutuals into the social security system, in compliance with commercial law.

Royal Decree 581/1982, of 26 February, determines the rules and procedure to be followed by the transfer of functions and services of the State to the Autonomous Community of Galicia.

In accordance with the provisions of the Royal Decree cited, which also regulates the functioning of the Joint Commission of Transfers provided for in the transitional provision fourth of the Statute of Autonomy for Galicia, approved by Organic Law 1/1981, of 6 April, this Commission adopted, at its meeting of 25 June 1996, the appropriate Agreement, the practical virtue of which requires its approval by the Government through Royal Decree.

In its virtue, and in compliance with the provisions of the transitional provision fourth of the Statute of Autonomy for Galicia, on the proposal of the Minister of Public Administrations and after deliberation of the Council of Ministers in its Session of 5 July 1996,

D I S P O N G O:

Article 1.

The agreement of the Joint Committee provided for in the fourth transitional provision of the Statute of Autonomy for Galicia is approved, whereby the functions and services of the State Administration which must be the subject of Transfer to the Autonomous Community of Galicia in the field of Social Security Social Security Mutual Social Security (Social Security), adopted by the plenary session of the said Commission, at its meeting on 25 June 1996, and which is to be transcribed as an annex to the present Royal Decree.

Article 2.

Consequently, the functions and services of the Autonomous Community of Galicia are transferred to the Autonomous Community of Galicia, as well as the budgetary appropriations relating to the Joint Committee Agreement, in the terms specified therein.

Article 3.

These transfers will be effective from the date indicated in the Agreement of the Joint Commission, without prejudice to the production of the Ministry of Economy and Finance until the entry into force of this Royal Decree, if any, the acts (a) the necessary administrative arrangements for the maintenance of the services in the same system and level of operation as they were at the time of the adoption of the Agreement.

Article 4.

The budgetary appropriations to be determined in accordance with the Annex's ratio No 1, shall be given on the basis of 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 to finance the cost of services transferred to the Autonomous Community, once they are referred to the Department, by the Budget Office of the Ministry of Economy and This appropriation is intended to provide for the payment of appropriations for the financial year. Current rules on the State's General Budget for 1996.

Single end disposition.

This Royal Decree will be published simultaneously in the "Official Gazette of the State" and in the "Official Journal of Galicia", taking effect from its publication.

Given in Madrid to July 5, 1996.

JOHN CARLOS R.

The Minister of Public Administration,

MARIANO RAJOY BREY

ANNEX

Doña Rosa Rodríguez Pascual and Don Alfonso Vaquero Marin, Secretaries of the Joint Commission provided for in the transitional provision fourth of the Statute of Autonomy for Galicia,

CERTIFICATE

At the plenary session of the Joint Committee, held on 25 June 1996, the Agreement on the transfer to the Autonomous Community of Galicia in the field of Social Security Social Security Mutual Social Security (Social Security) was adopted. the terms that are then expressed:

A) Reference to constitutional, statutory and legal norms in which the transfer is covered.

The Spanish Constitution in its article 149.1.6., 11. and 13. th reservation to the State exclusive competence on the commercial law; the bases of the ordination of credit, banking and insurance, and the bases and coordination of the general planning of economic activity.

By Law No 16/1995 of 27 December 1995 on the transfer of powers to the Autonomous Community of Gallegias, in Article 2 (a) of the Treaty, exclusive competence for non-integrated mutuals is conferred on the Autonomous Community. in the system of social security, respecting commercial law.

On the basis of these normative forecasts it is appropriate to carry out the transfer of functions, as well as of the means attached to them, of the Administration of the State to the Autonomous Community of Galicia in the field of Social Security Social Security Social Security.

B) Functions of the State Administration that the Autonomous Community of Galicia assumes and the identification of the services that are transferred.

The Autonomous Community of Galicia shall exercise, in respect of Social Security Mutual Social Security (Social Security) Mutualities, whose registered office, scope of operations and location of the risks to be limited to the the territory of the Community, the following functions which the State Administration was carrying out:

1. To lay down the rules for their regulation, while respecting the basis for the organisation of the insurance business.

2. Exercise the relevant administrative powers, referred to:

(a) The authorization, revocation and registration of Social Security Mutual Social Security Mutual Social Security (Social Security). (b) the monitoring, inspection and control of their operation.

c) The authorization of mergers, divisions and transformations and the right to agree, where appropriate, to the dissolution of trade.

For such purposes, it is understood by Social Security Mutualities not integrated in Social Security, private entities operating at fixed or variable premium, non-profit, outside the framework of the forecasting systems that they constitute compulsory social security, and exercise a voluntary insurance scheme designed to protect their members or their property against circumstances or events of a fortuitous and foreseeable nature by means of contributions direct of their associates or of other protective entities or persons, in accordance with the current legislation on the management of private insurance.

In its name must necessarily be the indication of Mutual or Social Welfare Mutual or similar.

C) Functions and services reserved by the State Administration.

The high economic and financial control of the entities that are the subject of this Transfer Agreement will continue to be exercised by the corresponding organ of the State Administration.

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

For the purposes set out in the preceding paragraphs, the Autonomous Community of Galicia and the State Administration shall establish appropriate mechanisms, through which the Autonomous Community shall immediately communicate to the Ministry of Economy and Finance each authorization it grants as well as its revocation, and will forward annually to that Ministry the statistical-accounting data of each entity, remaining between the State Administration and that of the Community Autonomous Galicia the necessary collaboration for the purpose of homogenizing the documentary information and coordinate, where appropriate, the activities of both administrations.

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

There are no assets, rights and obligations in this transfer.

F) Staff assigned to the services and institutions that are transferred.

There are no personal means in this transfer.

G) A definitive assessment of the financial burdens of the services transferred.

1. The definitive assessment of the actual cost, which, in pesetas of 1990, corresponds to the services transferred to the Autonomous Community rises to 133,061 pesetas.

2. The financing, in pesetas of 1996, which corresponds to the annual effective cost is the one that is collected in the ratio number 1.

3. The actual cost as detailed in the assessment tables for the ratio number 1 shall be financed as follows:

Transiently, until the effective cost is computed to review the percentage of the Autonomous Community's share of the State's revenue, the total cost will be financed by consolidation in Section 32 of the General budget of the State, of the appropriations relating to the various components of this cost, for the amounts to be determined, subject to updating by the general mechanisms provided for in each Budget Law.

Any differences that may arise during the transitional period, as referred to in the preceding paragraph, in respect of the financing of the transferred services, shall be subject to regularisation at the end of the financial year. by the presentation of the accounts and supporting statements relating to a settlement commission, which shall be lodged at the Ministry of Economic Affairs and Finance.

H) Documentation and records of the services being transferred.

Within one month of the entry into force of the Royal Decree approving this Agreement, the documentation and the dossiers that document the administrative, completed or in-use procedures shall be provided. for the Social Welfare Mutualities listed in the attached relation number 2, with the corresponding act of delivery and receipt to this effect.

I) Transfer effectiveness date.

The transfer of functions and services covered by this Agreement will be effective from 1 October 1996.

And for the record, we issued this certification, in Madrid, to 25 June 1996. -The Secretaries of the Joint Commission. -Fdo.: Rosa Rodríguez Pascual and Alfonso Vaquero Marin.

NUMBER 1 RELATIONSHIP

Effective cost for the Autonomous Community of Galicia, according to 1996 budget

Section 15. Ministry of Economy and Finance.

Service 29. General Directorate of Insurance.

Program 631.A. Management, control and insurance management.

Pesetas

Chapter I:

Item 12/107.122

Chapter II:

Article 22/86,854

Total Cost/193,976

NUMBER 2 RELATIONSHIP

Social Security Entities whose registered office is located in the Autonomous Community of Galicia and its scope is limited to it

Naming/Address

Union of Artisans Mutual Social Security. /General Pardinas, 11. 15701 Santiago de Compostela (La Coruna).

North West Social Welfare Montepio. /Avda. Cooperation B-1-14.6. 15500 Fene (La Coruña).

Mutuality of Citroen Vigo of Social Welfare. /Avda. Citroen, 3-5. 36210 Vigo (Pontevedra).

Labauto-Allibert Orense Mutual Social Security. /Polygon industrial San Ciprian de las Viñas, 5. 32901 Orense.

INDUGASA Mutual Social Security. /Avda. Citroen, s/n. 36210 Vigo (Pontevedra).