The Spanish Constitution provides in Article 149.1, paragraphs 6. ª, 11. and 13. that the State has exclusive competence over 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 10.24, of the Statute of Autonomy for the Balearic Islands approved by Law 2/1983 of 25 February, and reformed by Organic Law 9/1994, of 24 March, corresponds to the Autonomous Community, exclusive competence in matters of mutual non-integrated in the system of social security, respecting the commercial law.

The Royal Decree 1958/1983, of June 29, determines the rules and the procedure to be followed by the transfer of functions and services of the State to the Autonomous Community of the Balearic Islands.

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 transitional provision fourth of the Statute of Autonomy for the Balearic Islands, At its meeting on 11 January 1995, the Commission adopted 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 the Balearic Islands, on the proposal of the Minister for Public Administrations and after deliberation of the Council of Ministers at their meeting on 27 January 1995,

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 the Balearic Islands is approved, whereby the functions and services of the State Administration that must be the purpose of the transfer to the Autonomous Community of the Balearic Islands in the field of Social Security Social Security Mutual Social Security, adopted by the Plenary Session of the said Commission, at its meeting on 11 January 1995, and which is to be transcribed as an annex to this Royal Decree.

Article 2.

Consequently, the functions and services, as well as the budgetary appropriations, which are related to the Joint Commission Agreement, are transferred to the Autonomous Community of the Balearic Islands, in the terms of the specified.

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 Hacienda, the certificates of credit retention, to comply with the provisions of the current Law 41/1994, of 30 December, of the General Budget of the State for 1995.

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 January 27, 1995.

JOHN CARLOS R.

The Minister for Public Administrations,

JERÓNIMO SAAVEDRA ACEVEDO

ANNEX

Don Antonio Bueno Rodríguez and don José Antonio Rosello Rausell, Secretaries of the Joint Commission provided for in the transitional provision fourth of the Statute of Autonomy for the Balearic Islands.

CERTIFY:

That a Agreement on the transfer of functions and services of the State Administration to the Autonomous Community of the Balearic Islands in the field of the Balearic Islands was adopted at the plenary session of the Joint Committee, held on 11 January 1995. Social Security Social Security Mutuals not integrated in Social Security, in the following terms:

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

The Spanish Constitution, in its Article 149.1, paragraphs 6. ª, 11 and 13, reserves the State exclusive jurisdiction over commercial law; the bases of the management of credit, banking and insurance, and the bases and coordination of the general planning of economic activity.

On the other hand, the Statute of Autonomy for the Balearic Islands approved by Law 2/1983 of 25 February, and reformed by Law 9/1994 of 24 March, attributes, in its article 10.24, to the Autonomous Community exclusive competence on mutual non-integrated in the social security system, while respecting commercial law.

Finally, the fourth transitional provision of the Statute of Autonomy for the Balearic Islands and Royal Decree 1958/1983 of 29 June lays down the rules governing the form and conditions to be adjusted by the Transfers of functions and services from the State to the Autonomous Community of the Balearic Islands, as well as the operation of the Joint Commission of Transfers.

On the basis of these normative forecasts it is necessary to carry out the transfer of functions and services, as well as of the means attached to them, of the Administration of the State to the Autonomous Community of the Balearic Islands Social Security Mutual Social Security (Social Security) Mutual Social Security (Social Security)

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

The Autonomous Community of the Balearic Islands shall exercise in respect of Social Security Mutual Social Security (Social Security) Mutual Social Security (Social Security) whose registered office, scope of operations and location of the risks to which it is limit the following functions to the territory of the Community by the State Administration:

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 surveillance, inspection and control of its 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 Mutual Social Security (Social Security), private entities operating at a fixed or variable premium, without 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 montepio of social foresight or similar.

C) Functions and services reserved by the State Administration.

The high financial economic control of the entities that are the subject of this Transfer Agreement shall continue to be exercised by the relevant 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 the Balearic Islands and the State Administration shall establish appropriate mechanisms, through which the Autonomous Community shall immediately communicate the Ministry of Economy and Finance each authorization it grants as well as its revocation, and it shall forward annually to that Ministry the statistical-accounting data of each entity, remaining between the State Administration and that of the Community Autonomous of the Balearic Islands the necessary collaboration for the purpose of homogenizing the documentary information and, where appropriate, coordinate 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) Valuation 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 140,110 pesetas.

2. The financing, in pesetas of 1995, 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:

(a) 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.

(b) Any differences arising 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 committee, 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. processing, relating to the Social Welfare Mutualities listed in the attached relation number 2, by subscribing to that effect the corresponding act of delivery and receipt; all in accordance with the provisions of Royal Decree 1958/1983, of 29 June, approving the rules for the transfer of functions and services from the State to the Autonomous community of the Balearic Islands.

I) Transfer effectiveness date.

The transfer of functions and services covered by this agreement will be effective from 1 February 1995.

And for the record, we issued this certification in Madrid on January 11, 1995. -The Secretaries of the Joint Commission, Antonio Bueno Rodríguez and José Antonio Rosello Rausell.

NUMBER 1 RELATIONSHIP

Effective cost for the Autonomous Community of the Balearic Islands according to Budget 1995

Section 15. Ministry of Economy and Finance.

Section 29. General Directorate of Insurance.

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

Pesetas

Chapter I:

Article 12/103,500

Chapter II:

Article 22/86,854

Total Cost/190.354

NUMBER 2 RELATIONSHIP

Autonomous Community of the Balearic Islands

Social Denomination/Social Address

Center of Passive Baleares, Mutual Social Welfare. /Alejandro Rosello, 30-1. º, 07002 Palma de Mallorca (Balearic Islands).

Impartial, Social Security Mutual. /Nursery, 8, 07005 Palma de Mallorca (Balearic Islands).

Montepio de Previsión Social de Arrabal. /Factory, 30, 07013 Palma de Mallorca (Balearic Islands).

Mahonnaise Mutual Social Security. /Ramón y Cajal, 4, 07702 Mahon (Baleares).

Social Welfare Mutual The Protector of Felanitx. /Mar, 7, 07200 Felanitx (Balearic Islands).

Social Security Mutual The Porreras de Porreras. /Veret, 17, 07260 Porreras (Baleares).

Social Welfare of the Gas and Electricity Workers, Gesa. /Juan Maragall, 16, 07006 Palma de Mallorca (Balearic Islands).

The School of Our Lady of Montession's School of Forecasting. /Montesion, 24, 07001 Palma de Mallorca (Balearic Islands).

Mutuality of the Balearic Hotel Business Federation (Mufeba) of Social Welfare. /Gremio Tonneros, 24, 07009 Palma de Mallorca (Balearic Islands).

Mutual Balear of Social Security and Social Assistance. /Rambla, 20, 07003 Palma de Mallorca (Balearic Islands).