The Spanish Constitution provides in Article 149.1, paragraphs 6, 11 and 13 that the State has 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.

Likewise, and in accordance with the provisions of Article 8.1.21 of the Statute of Autonomy of La Rioja, approved by Law 3/1982 of 9 June, and reformed by Law of 24 March 1994, it is for the Community Autonomous competence in matters of mutual non-integrated in the system of social security, respecting the commercial law.

Royal Decree 1225/1983, of March 16, determines the rules and procedure to be followed by the transfer of functions and services of the State to the Autonomous Community of La Rioja.

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 of the Statute of Autonomy of La Rioja, this commission adopted at its meeting on 13 June 1994 the appropriate Agreement, the practical virtue of which requires the Government to approve it by means of a Royal Decree.

In its virtue, and in compliance with the provisions of the transitional provision eighth of the Statute of Autonomy of La Rioja, on the proposal of the Minister for Public Administrations and after deliberation of the Council of Ministers in its session of 22 July 1994,

D I S P O N G O:

Article 1.

The Agreement of the Joint Committee provided for in the transitional provision of the Statute of Autonomy of La Rioja, for which the functions and services of the State Administration which must be the subject of transfer to the Autonomous Community of La Rioja in the field of mutual social security provision not integrated into social security, adopted by the plenary session of that committee, at its meeting on 13 June 1994 and which is to be annexed to the present 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 La Rioja 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 intended to finance the cost of services transferred to the Autonomous Community, once they are sent to the department mentioned, 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 21/1993, of 29 December, of the General Budget of the State for 1994.

Single end disposition.

This Royal Decree will enter into force on the day following its publication in the Official Journal of the State.

Given in Madrid on July 22, 1994.

JOHN CARLOS R.

The Minister for Public Administrations,

JERÓNIMO SAAVEDRA ACEVEDO

ANNEX

Don Antonio Bueno Rodríguez and don Cipriano Jimeno Jodra, Secretaries of the Joint Commission provided for in the eighth transitional provision of the Statute of Autonomy of La Rioja,

CERTIFY:

The agreement on the transfer to the Autonomous Community of La Rioja in the field of social security contributions not integrated into social security was adopted at the plenary session of the Joint Committee, held on 13 June 1994. the terms that are then expressed:

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

The Spanish Constitution, in Article 149.1 (6), (11) and (13), reserves exclusive jurisdiction over commercial law to the State; the basis for 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 of La Rioja, approved by Law 3/1982 of 9 June, and reformed by Organic Law 3/1994, of 24 March, attributes, in its article 8.1.21, to the Autonomous Community exclusive on mutual non-integrated in the social security system, respecting the commercial law.

Finally, the transitional provisions of the Statute of Autonomy of La Rioja and Royal Decree 1225/1983 of 16 March 1983 lay down the rules governing the manner and conditions to which the transfers of functions and services of the State to the Autonomous Community of La Rioja, as well as the functioning 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 State Administration to the Autonomous Community of La Rioja in matter of Social security schemes which are not integrated into social security.

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

The Autonomous Community of La Rioja shall exercise in respect of social security mutual societies not integrated in social security 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 authorisation, revocation and registration of social security mutual societies not integrated into 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 societies that are not integrated in social security, private entities operating at fixed or variable premium, non-profit, outside the framework of the systems of forecasting 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 La Rioja 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 La Rioja 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) 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 147,384 pesetas.

2. The financing, in pesetas of 1994, which corresponds to the annual effective cost is the one that is collected in the ratio number 1.

3. The effective cost, which is 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 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 the adjustment 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 submitted. The Court of the Court of State held that, in the case of the Court of Law, the Court held that the Court held that the Court held that the Court held that the Court held that the Court of the transfer of functions and services from the State to the Autonomous Community of La Rioja.

I) Transfer effectiveness date.

The transfer of functions and services covered by this Agreement will be effective from 1 July 1994.

And for the record, we issued this certification in Madrid on June 13, 1994. -The Secretaries of the Joint Commission, Antonio Bueno Rodríguez and Cipriano Jimeno Jodra.

NUMBER 1 RELATIONSHIP

Effective cost for the Autonomous Community of La Rioja, according to 1994 budget

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 ...

100,000

CHAPTER II

Article 22 ...

86,854

Total Cost ...

186,854