The Spanish Constitution in Article 129.2 entrusts to the public authorities the promotion, through appropriate legislation, of the cooperative societies and in Article 149.1. 7. The second and 11th reservation to the State the exclusive competence in the following matters: labour law, without prejudice to its execution by the organs of the Autonomous Communities; commercial law, and, bases of the ordination of the credit.

Moreover, the Statute of Autonomy of the Community of Madrid, approved by the Organic Law 3/1983 of 25 February, and reformed by Law No 10/1994 of 24 March, confers on the Community of Madrid the the full legislative function on cooperatives, in compliance with commercial law, and in Article 28.13, in terms of laws and regulations that in the development of its legislation dictate the State, the executive function in the field of employment.

Royal Decree 1959/1983 of 29 June determines the rules and procedure to be followed by the transfer of functions and services of the State to the Community of Madrid.

In accordance with the provisions of the Royal Decree cited, which also regulates the operation of the Joint Commission of Transfers provided for in the second transitional provision of the Statute of Autonomy of the Community of Madrid, At its meeting on 18 May 1995, the Commission adopted the appropriate Agreement, the practical virtue of which requires its approval by the Government through Royal Decree.

In its virtue, in compliance with the provisions of the second transitional provision of the Statute of Autonomy of the Community of Madrid, on the proposal of the Minister for Public Administrations and after deliberation of the Council of Ministers at their meeting on 9 June 1995,

D I S P O N G O:

Article 1.

The Agreement of the Joint Committee provided for in the second transitional provision of the Statute of Autonomy of the Community of Madrid, for which the functions and services of the State Administration are to be specified, is approved be the subject of a transfer to the Community of Madrid in the field of cooperatives, qualification and administrative registration of public limited liability companies and employment support programmes, adopted by the plenary session of the said Commission, at its meeting on 18 May 1995, and which is transcribed as an annex to this Royal Decree.

Article 2.

Consequently, the functions and services related to the Joint Commission Agreement, in the terms specified therein, are transferred to the Community of Madrid.

Article 3.

The transfers referred to in this Royal Decree shall be effective from the day indicated in the Agreement of the said Joint Committee, without prejudice to the fact that the Ministry of Labor and Social Security produces, until the in force of this Royal Decree, where appropriate, the administrative acts necessary for the maintenance of the services in the same system and level of operation as they had at the time of the adoption of the Agreement.

Single end disposition.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid on June 9, 1995.

JOHN CARLOS R.

The Minister for Public Administrations,

JERÓNIMO SAAVEDRA ACEVEDO

ANNEX

Dona Marianela Berriatua Fernández de Larrea and dona Lourdes González del Tanago, Secretariats of the Joint Commission provided for in the second transitional provision of the Statute of Autonomy of the Community of Madrid,

CERTIFY:

That a Agreement on the transfer to the Community of Madrid of the functions and means of the State Administration, in the field of cooperatives, was adopted at the plenary session of the Joint Committee, held on 18 May 1995, and administrative registration of public limited liability companies and employment support programmes, in the following terms:

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

Article 129.2 of the Constitution entrusts to the public authorities the promotion, by appropriate legislation, of cooperative societies; Article 149.1.7. gives the State exclusive competence in the field of Article 14 (1) of the Treaty provides for the right of the Member States to act in accordance with the rules laid down in Article 14 (1) of Regulation (EEC) No 149.1.6. State the exclusive competence to establish the basis for the management of the credit.

For its part, the Statute of Autonomy of the Community of Madrid, approved by Law 3/1983, of 25 February, and reformed by Law 10/1994, of 24 March, establishes in its article 26.21 that it corresponds to the Community of Madrid the fullness of the legislative function on cooperatives, respecting the mercantile legislation, and in article 28.13 the executive function in labor matters, in the terms that establish the laws and regulations that in the development of their legislation dictates the State.

Finally, the second transitional provision of the Statute of Autonomy of the Community of Madrid and Royal Decree 1959/1983 of 29 June on the form and conditions governing the transfer of functions and services of the State Administration to the Community of Madrid, as well as the functioning of the Joint Commission of Transfers.

On the basis of these normative forecasts, the transfer of functions and services, as well as of the means attached to them, should be carried out by the State Administration to the Community of Madrid in the field of cooperatives, Qualification and administrative registration of public limited liability companies and employment support programmes.

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

I. Cooperatives.

1. The following functions related to the promotion, encouragement, development and protection of the cooperative movement are transferred to the Community of Madrid:

(a) The qualification, registration and certification of the acts to be accessed in the Register of Cooperatives, according to the legislation in force.

b) The advice of cooperative entities, as well as training functions.

(c) The audit of compliance with cooperative legislation, for which the Labour and Social Security Inspectorate shall complete the services which, within the framework of the functions and powers of this body, entrust it to the Autonomous Community, to which the exercise of the power to impose the penalties provided for in the applicable legislation shall fall within the scope of its powers. This power may be exercised on a proposal from the Labour and Social Security Inspectorate.

The competences assumed by the Community of Madrid must be understood as referring to cooperatives which develop their typical societarian activity exclusively within the territorial sphere of the Community. This does not affect the external legal relations with third parties, which have an instrumental character and can take place outside that territorial scope.

2. The statistical functions of the State Administration shall continue to be exercised by the corresponding organs of the State Administration.

3. They shall be developed in a coordinated manner between the State Administration and the Autonomous Community, in accordance with the mechanisms identified in each case, the following functions:

(a) The Autonomous Community shall provide the State Administration with the individual information of each of the cooperatives formed, following the existing methodology or the one that, where appropriate, the State Administration establish, in such a way as to ensure its coordination and integration with the rest of the statistical information at the state level. For its part, the State Administration shall provide the Community of Madrid with the information drawn up on the same matters.

(b) In relation to the qualification and registration of the acts to be accessed in the Register of Cooperatives, the competent registry shall send to the National Institute for the Promotion of the Social Economy, information on the Register to practice in the constitution and amendment of statutes.

II. Qualification and administrative registration of public limited liability companies.

1. The functions of qualification and administrative registration, attributed to the Ministry of Labour and Social Security in matters of public limited companies by Law 15/1986 of 25 April, and the Royal Decree, are transferred to the Community of Madrid. 2229/1986 of 24 October, when those have their registered office in the territory of the Autonomous Community, the State Administration being reserved for the granting of the benefit of freedom of amortisation, as provided for in that Law.

2. With regard to the administrative register of public limited liability companies provided for in Article 4 of Law 15/1986 of 25 April, the Community of Madrid will forward monthly to the National Institute for the Promotion of Social Economy a certification which shall contain the specification of the inscriptions entered in the previous month in the Register of the Company's Anonymous Labour Societies, as well as amendments to the statutes, adaptation or transformation, dissolution, liquidation and disqualification of the same when the National Institute so requests; it shall also be sent a copy simple of any of the files relating to the registered public limited liability companies.

Non-public limited liability companies registered prior to the entry into force of the Transfer Agreement, which move on to the relevant Madrid Community Register, shall retain the same number initially assigned to them in the Instituto Nacional de Fomento de la Economía Social.

3. The Community of Madrid shall provide the State Administration with statistical information on the exercise of the transferred functions, in such a way as to ensure its coordination and integration with the rest of the statistical information in the field. national. For its part, the State Administration shall provide the Community of Madrid with the information drawn up on the same matters.

III. Programmes to support job creation.

1. The services and functions necessary for the development of the employment support programmes, which are governed by the general provisions laid down by the State to this end, are transferred to the Community of Madrid within its territorial scope. following:

(a) The management, including the registration functions, of the different types of aid and grants set out in those provisions, with respect to support for employment in cooperatives and public limited companies, promotion (a) self-employment, integration of the disabled and support for the retirement of workers from firms in difficulty who are not subject to conversion plans, all without prejudice to the provisions of paragraph 3.

(b) The monitoring functions referred to in the case of aid to be managed by the Community of Madrid from the entry into force of this Agreement.

2. The Community of Madrid shall be responsible for the management and monitoring of aid and grants to cooperatives, where they carry out their typical social activity exclusively within the territory of the Autonomous Community, without prejudice to the instrumental relationships that develop outside of the same in the exercise of their activity. In the other cases, the functions of management and monitoring of aid and grants shall correspond to the Ministry of Labour and Social Security.

3. The Community of Madrid shall manage the funds from grants which are not part of the actual cost, in accordance with the general rules of the State governing each type of subsidy.

4. The Community of Madrid shall provide the State Administration with statistical information on the exercise of the functions transferred in accordance with the existing methodology or the one which, where appropriate, the State Administration establishes in such a way as to (i) ensure coordination and integration with the rest of the statistical information at the state level. For its part, the State Administration shall provide the Community of Madrid with the information drawn up on the same matters.

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

Within one month of the full effectiveness of the transfer, the corresponding minutes of delivery and receipt of furniture, equipment and inventoried material will be signed.

According to the provisions of the additional provision of Law 12/1983 of 14 October of the Autonomic Process, the State Administration must regularize the economic and administrative situation of the personnel. service before proceeding to transfer to the Autonomous Communities. In any event, the State Administration shall be responsible for the payment of the arrears or any compensation to which the staff were entitled for reasons of their situation prior to the transfer.

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

The staff assigned to the services that are transferred through this Agreement are included in the personnel relationship to the Transfer Agreement in the field of work (implementation of labor legislation).

E) Job vacancies that are transferred.

The job vacancies that are transferred through this Agreement are included in the list of vacant positions corresponding to the Transfer Agreement in the field of employment (implementation of labour law).

F) A definitive assessment of the financial burdens of the transferred functions.

The assessment of the financial burden of the services that are transferred through this Agreement is included in the Agreement on the Transfer of Work (implementation of labour law).

G) Documentation and files that are transferred.

The delivery of the documentation and files of the transferred services will be carried out within three months from the full effectiveness of the transfer and will be carried out by the appropriate delivery and reception minutes, authorized by the competent authorities in each case.

The files submitted in the Ministry of Labor and Social Security prior to the date of effectiveness of this Agreement shall be resolved in accordance with the provisions of Article 20.1 of Law 12/1983, of 14 October, the Autonomous Process.

H) Transfer effectiveness date.

The transfer will be effective from September 1, 1995.

However, the functions and services will continue to be managed and carried out by the Ministry of Labour and Social Security until 31 December 1995.

Ministry of Labor and Social Security will continue to manage the loans until December 31, 1995.

From 1 January 1996 the Community will be able to exercise full effectiveness in the management of services and appropriations.

And for the record, we issued this certification in Madrid on May 18, 1995. -Secretariats of the Joint Commission. -Fdo.: Marianela Berriatua Fernández de Larrea and Lourdes González del Tanago.