The Spanish Constitution reserves the State, in Article 149.1.17, the exclusive competence in matters of basic legislation and the economic regime of Social Security, without prejudice to the execution of its services by the Autonomous Communities.

For its part, the Statute of Autonomy for Asturias, approved by Organic Law 7/1981, of December 30, and reformed by Organic Law 1/1994, of March 24, attributes to the Autonomous Community, in its article 12.7, and in the establishing the laws and regulations governing the development of their legislation by the State, the executive role in the management of social security benefits and services of the Social Security system:

Royal Decree 1707/1982, of July 24, determines the rules and the procedure to which the transfers of functions and services of the State to the Principality of Asturias have to be adjusted.

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 Asturias, this Commission adopted at its meeting on 4 May 1995 the appropriate Agreement, the practical virtue of which requires the Government to approve it by means of a Royal Decree.

In its virtue, in compliance with the provisions of the transitional provision fourth of the Statute of Autonomy for Asturias, at the proposal of the Minister for Public Administrations and after deliberation of the Council of Ministers in their meeting on 26 May 1995,

DI 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 Asturias is approved, whereby the functions and services of the Social Security that have to be transferred to the Principality of Asturias, in the matters entrusted to the National Institute of Social Services (INSERSO), adopted by the plenary of the said Commission, at its meeting of 4 May 1995 and which is transcribed as an annex to this Royal Decree.

Article 2.

Consequently, the functions and services, as well as the personal means and the budgetary appropriations that are related to the Joint Commission Agreement, are transferred to the Principality of Asturias in the terms of the specified.

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 National Institute of Social Services or other competent bodies produce, until the entry into 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 were 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 May 30, 1995.

JOHN CARLOS R.

The Minister for Public Administrations,

JERÓNIMO SAAVEDRA ACEVEDO

ANNEX

Doña Rosa Rodríguez Pascual and Dona Violeta González Fernández, Secretariats of the Mixed Commission of Transfers provided for in the transitional provision fourth of the Statute of Autonomy for Asturias,

CERTIFY:

The Agreement on the transfer to the Principality of Asturias of the functions and services of social security was adopted at the plenary session of the Joint Committee of the European Communities on 4 May 195, in the fields entrusted to the Institute National of Social Services (INSERSO), in the following terms:

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

The Constitution in its Article 149.1.17, gives the State exclusive competence in the field of basic legislation and the economic system of social security, without prejudice to the execution of its services by the Communities. Autonomous.

The Statute of Autonomy for Asturias, approved by Organic Law 7/1981, of December 30, and reformed by Organic Law 1/1994, of March 24, establishes in its article 12.7 that it corresponds to the Principality of Asturias, in the terms establishing the laws and regulations governing the development of their legislation by the State, the executive role in the management of social security benefits and services of the Social Security system:

Royal Decree-Law 36/1978 of 16 November on institutional management of social security, health and employment creates the National Institute of Social Services for the management of social care and social services supplementary to the basic benefits.

On the other hand, Royal Decree 1856/1979 of 30 July, partially amended by Royal Decree 1433/1985 of 1 August, regulates the structure and powers of the Institute, as an Entity of Social Security legal personality.

Royal Decree 791/1988, of 20 July, determining the initial structure of the Ministry of Social Affairs, partially modified by Royal Decree 2129/1993 of 3 December, attached to this Department the Entity Gestora de la Seguridad Social, Instituto Nacional de Servicios Sociales, without prejudice to the relations that must be maintained with the Administration of Social Security by the association of this entity with the budgets of the same.

Finally, the fourth transitional provision of the Statute of Autonomy for Asturias and Royal Decree 1707/1982 of 24 July 1982 regulate the manner and conditions to be followed by the transfer of functions and services of the State administration to the Principality of Asturias.

On the basis of these normative provisions, the transfer to the Principality of Asturias, of the functions and services of Social Security, in the subjects entrusted to the National Institute of Social Services (INSERSO), should be operated.

B) Social Security Functions referred to the INSERSO that the Principality of Asturias assumes with the identification of the services that are transferred.

1. The Principality of Asturias is transferred to the Principality of Asturias within its territorial scope, in the terms of this Agreement and of the Royal Decrees and other rules that make it effective and published in the "Official Gazette of the State". The following functions were performed by the State and the Social Security Administration:

1. The functions corresponding to the centres, services and establishments of the Instituto Nacional de Servicios Sociales (INSERSO) in the Principality of Asturias, without prejudice to the provisions of point C (i), in relation to with certain centres.

2. The functions entrusted by the legislation in force to the Provincial Directorate of the expressed Entity Gestora in the Principality of Asturias, as well as those corresponding to the Provincial Directorate of Labour, Social Security and Social Affairs.

3. The elaboration and implementation of the investment plans in the subject matter of this transfer that are carried out in the Principality of Asturias within the budgetary limits, in accordance with the regulations of the the economic regime of Social Security, in the context of the general assistance planning of the Autonomous Community and in accordance with the basic legislation of the State.

4. The establishment, management, updating and rescission of the concerts with entities that provide services in the Principality of Asturias, within the budgetary limits, subrogating the Autonomous Community in the concerts between the INSERT and other entities, from the date of effectiveness of the transfer to the term of those concerts.

5. The creation, transformation and enlargement, within the budgetary limits, as well as the classification of the ordinary centers of the INSERSO in the Principality of Asturias.

6. The functions performed by the INSERSO through its central services as soon as they refer to the territory of the Principality of Asturias in relation to the inspection of services, the management of personnel, the management of compulsory and, where appropriate, social security benefits, the management of the centres, establishments and services, as well as the functions carried over. These shall be developed in accordance with the law of the State, in particular with regard to the determination of the beneficiaries, requirements and intensity of the protective action, the economic and financial regime and the economic and administrative regime of the Social Security.

2. For the effectiveness of the related functions are transferred to the Principality of Asturias receiving them, the following services of their territorial scope as they exercise the functions that, likewise, are detailed:

1. The third age and disability care centres and establishments listed in the Annex.

2. The Social Services and Provincial Directorate of the INSERSO.

C) Functions that the State Administration reserves.

The following functions will remain in the Ministries of Labour and Social Security and Social Affairs:

(a) Basic legislation that guarantees the principles of equality and solidarity in a special way in relation to the minimum objectives of the offer of services, and the conditions of entry of beneficiaries in the centres, which are carry out according to the regulations, scales and technical files established on a national basis, establishing a system that guarantees the possibility of access to each of the beneficiaries of the State to any center, service or service, thus as the corresponding claims procedure or resources prior to the use of the ordinary procedural pathways.

b) The determination of the scales, for the purposes of recognition of invalidity pensions, in their non-contributory modality, as well as of the allowances for disabled children in charge and situations of dependency and necessity of the third-party contest referred to in Articles 148 and 186, both of the recast text of the General Law on Social Security.

(c) The permanent establishment and updating of a database (technical file) of all non-contributory retirement and invalidity pensions that are in force.

(d) The regulations that order and regulate the economic system of social security, without prejudice to its management by the Autonomous Community, in accordance with what is established.

e) The promotion and coordination of studies, research and experimentation in methods and modalities of action, as well as technical cooperation aimed at improving the social services of the security system Social.

f) The high inspection and relations with foreign and international organizations interested in the matter that correspond to the Government.

g) The statistical activity, for which the Autonomous Community shall provide the information required.

h) The registration of entities and centers dedicated to the provision of social services whose scope of action extends to more than one Autonomous Community.

i) The establishment, financing and management of specialised care centres, or of those to whom special research or experimentation objectives are assigned, in accordance with the planning forecasts and the scope of national action.

This reserve, which may be of a transitional nature in relation to certain centres where they lose their character as unique or singular, affects in particular the centres of recovery of physically handicapped persons, severely affected physically disabled, with care for psychics over fifty-five years old and plurid-efficient, elderly people affected by senile dementia, Alzheimer's or with pluridefficiencies. However, the possibility of transfer may be considered where the size of the centre or any other special characteristics of the centre makes it advisable to be dependent on the Autonomous Community in accordance with the principle of efficiency in management.

j) The establishment of general plans for needs, programs and services.

k) The creation and management of state-wide plans.

l) The monitoring and evaluation of the functioning of the social services and services system as a whole, and the monitoring of expenditure, as well as the establishment of instruments and mechanisms for this.

m) Experimental programmes whose scope of action is extended to more than one Autonomous Community.

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

They will be developed in coordination between the State Administration and the Principality of Asturias, in accordance with the mechanisms that are indicated in each case, the following functions:

(a) The abolition of centres, if any, by agreement between the State and the Autonomous Government.

(b) The exchange of information on social security services, as well as advice and cooperation on a permanent basis.

Both administrations shall provide each other with information on the exercise of their respective functions for statistical purposes, following a methodology which is standardised, in such a way as to ensure their coordination and statistics integration.

c) Coordination between the General Council of the National Institute of Social Services and the corresponding one in the Autonomous Community.

(d) Anyone else who can contribute to the best relationship and coordination between the State Administration and the Principality of Asturias.

E) Budget regime.

(a) Correspond to the Principality of Asturias to draw up annually the preliminary draft of the General Budget for Social Security Expenditure, covering an annual period and the territorial scope of the Community for the management of the services transferred from the INSERT.

This preliminary draft will be sent to the General Secretariat for Social Security for transfer to the General Directorate of the Gestora Entity, in order to prepare the consolidated budget of the State in the area of its competence.

During the process of drawing up the consolidated budget, the Autonomous Community will be heard.

The Ministry of Labor and Social Security will adapt the needs outlined in the preliminary draft budget to the available resources of the Social Security system, later presenting it to the General Cortes for subject to their approval. The distribution of the total allocations of the INSERT will be carried out according to models that meet simultaneously with criteria of equity, that guarantee the principle of interterritorial solidarity and the financial coverage of the services whose management is has transferred.

(b) After the distribution of the expenditure budget of the INSERT, according to the model set out in paragraph (h) of this paragraph, it shall constitute the encrypted, joint and systematic expression of the obligations which, at most, can recognize the Autonomous Community.

(c) The appropriations to be authorised in the state of expenditure of the INSERT in favour of the Principality of Asturias shall be limited and, therefore, the commitments of expenditure to be acquired in excess of their amount shall be financed by resources provided by the Autonomous Community itself, unless it comes from the application of provisions laid down in general for the entire Spanish territory.

(d) The obligations of the payment of the Principality of Asturias, for the management of the transferred services, will only be required when they result from the execution of their budgets or from a firm judicial judgment.

e) The structure of the expenditure budget of the services transferred from the INSERSO to the Principality of Asturias will be adapted to the rules established by the Ministry of Labour and Social Security.

f) As documentation annexed to the preliminary draft budget, the Principality of Asturias will accompany the following documents:

1. "Explanatory Memory".

2. Economic and financial report.

(g) Corresponding to the higher bodies of the Principality of Asturias for the examination and submission of the preliminary draft budget for the expenditure of the services transferred from the INSERT.

The aforementioned higher bodies of the Principality of Asturias will approve a management base that will in no case alter, except in the organic aspect, the principles contained in the recast text of the General Law. Budget, adopted by Royal Legislative Decree 1091/1988 of 23 September. In any event they shall have the power to make the necessary budgetary changes during the course of the financial year.

h) Once the consolidated budget of Social Security has been approved by the General Cortes, the Ministry of Labour and Social Security will carry out the distribution of the budget of the INSERSO in favor of the Principality of Asturias, according to the following specifications:

1. For the financial years 1995 to 1998, the effective cost of services, including those which do not mean monetary movement, shall be adopted as a basis for the settlement of the 1994 budget, and until such time as (a) the available settlement forecasts.

2. From 1 September 1995, the commitments of expenditure, which are not recognised before that date by the central services of the INSERT, shall be made out of the appropriations of the Principality of Asturias.

3. For a period of three years, starting in 1995 and having been effective since 1 January 1996, the difference between the actual cost of the services and those corresponding to the rate of population to be used shall be adjusted. in one third of that difference each of the three years.

(i) The Principality of Asturias shall provide the State Administration with statistical and budgetary information on the exercise of the transferred functions, in accordance with the existing methodology or the one which, State administration, in order to ensure its coordination and integration with the rest of the statistical information at the state level. For its part, the State Administration will provide the Principality of Asturias with information on the same subjects.

The Principality of Asturias is also subject to the public accounting system and must be accountable to the Court of Auditors.

j) In order to be able to draw up the social security accounts and balances to be presented in the General Cortes, in accordance with Article 148 of the General Budget Law, the Autonomous Community shall, for its consolidation and integration into those of the total system, the accounting documentation relating to the closure of the financial year in the form and time limits laid down by the Ministry of Labour and Social Security in general for the entire territory Spanish.

k) The provision of funds shall be made by the General Treasury of Social Security on a proposal from the National Institute of Social Services, in accordance with the procedure laid down in the resolution of 27 December 1987.

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

1. The goods, rights and obligations of the National Institute of Social Services that correspond to the transferred services are transferred to the Principality of Asturias.

2. Within one month of the effectiveness of this Agreement by the Government, the corresponding minutes of delivery and receipt of furniture, equipment and inventoried material will be signed.

3. The assets assigned to the National Institute of Social Services are assigned to the Principality of Asturias, which are included in the detailed inventory of the attached ratio number 1.

This membership is without prejudice to the unity of the social security patrimony, other than that of the State and has affected the fulfillment of its specific purposes, the title of which corresponds to the General Treasury of the Social Security.

The new assets of the Principality of Asturias, as well as the change of destination of the already attached and the retrocession of the same, if any, to the Social Security will conform to the procedure that by convention establish, in accordance with the basic legislation of the State.

As long as the agreement is not formalized, the new real estate, authorized by the Council of Ministers, will not require formalization by specific agreement of the Joint Committee. It shall be sufficient, for its effectiveness, to be signed by the authorised representatives of the General Treasury of Social Security and the Autonomous Community, of the corresponding act of making available, of which a copy shall be sent, for constancy, custody and file, to the Secretariat of the Joint Commission.

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

1. The staff assigned to the services transferred and referred to nominally in the attached relationship number 2 will become dependent on the Principality of Asturias, in the terms legally provided for by the Statute of Autonomy and the other rules in each applicable case, and in the same circumstances as specified in the attached relationship and with its personnel registration number.

2. The General Secretariat of the National Institute of Social Services shall notify the persons concerned within one month of the transfer and their new administrative situation, as soon as the Government approves this Agreement. The competent authorities of the Principality of Asturias shall also be sent a certified copy of all the files of this staff, as well as of the certificates of haberes, relating to the amounts due in 1995, (i) the necessary modification of the organic and budgetary templates in the light of the transfers made.

H) Job vacancies that are transferred.

The vacant positions that are budgeted for the budget are those that are detailed in the attached ratio number 3, with indication of the Body or Scale to which they are attached or assimilated, professional category, level Organic and budgetary allocation.

I) Valuation of the financial burdens of the services transferred.

The budgetary appropriations for the financial year 1995 which are transferred to the Principality of Asturias are those determined in the attached ratio number 4.

J) Documentation and case of services being transferred.

The delivery of the documentation and files of the transferred services will be made within one month of the publication of the Royal Decree approving this Agreement. The resolution of the files which are being processed shall be carried out in accordance with the provisions of Article 8 of Royal Decree 1707/1982 of 24 July 1982.

K) Transfer effectiveness date.

The transfer of functions and services, which is the subject of this Agreement, will be effective from 1 September 1995.

And for the record, we issued this certification in Madrid on May 4, 1995. -Secretariats of the Joint Commission. -Signed, Rosa Rodríguez Pascual and Violeta González Fernández.

(RELATIONS 1 TO 4 OMITIDES)