Article 149.1.17 of the Constitution establishes the competence of the State in the field of Social Security. In turn, the Statute of Autonomy for the Basque Country, in its Articles 10.12 and 18, confers on the Autonomous Community powers in matters of social assistance and social security, providing for the fifth transitional provision, as regards to the latter, the terms in which the management of its economic regime will be assumed.

The Joint Committee provided for in the second transitional provision of the Statute of Autonomy for the Basque Country, in accordance with the provisions cited and in accordance with the provisions of Royal Decree 2339/1980 of 26 September 1980 -the rules for the transfer of services to the Autonomous Community were adopted at its meeting of 17 June 1987 on the transfer of the functions and services in the field of social assistance and services provided by the National Institute of Social Services.

In its virtue, in compliance with the provisions of the second and fifth transitional provisions of the Statute of Autonomy for the Basque Country, proposed by the Minister for Public Administrations, and after deliberation by the Council of Ministers at their meeting on 2 October 1987,

DISPONGO:

Article 1. º

The agreement of the Joint Committee provided for in the second transitional provision of the Statute of Autonomy for the Basque Country, adopted dated 17 June 1987, is approved by the Autonomous Community of the Country Basque the functions and services in matters of social assistance and services provided by the National Institute of Social Services, which is transcribed as an annex to this Royal Decree.

Art. 2. º

Consequently, the functions and services, as well as the corresponding goods, rights, obligations, personnel and budget appropriations, are transferred to the Autonomous Community of the Basque Country in the terms of the own agreement and the attached relationships.

Art. 3. º

The transfers referred to in this Royal Decree will be effective from 1 January 1988, as stated in the agreement of the aforementioned Joint Committee.

Art. 4. º

This Royal Decree will be published simultaneously in the "Official Gazette of the State" and in the "Official Gazette of the Basque Country", taking effect on the same day as its publication in the "Official Gazette of the State".

Given in Madrid to October 2, 1987.

JOHN CARLOS R.

The Minister for Public Administrations,

JOAQUIN ALMUNIA AMANN.

ANNEX

Don Juan Soler Ferrer and don Iñaki Goikoetxeta González, Secretaries of the Joint Commission provided for in the second transitional provision of the Statute of Autonomy for the Basque Country,

CERTIFY:

At the plenary session of the Commission, held on 17 June 1987, agreement was reached on the transfer to the Autonomous Community of the Basque Country of functions and services in the field of social assistance and services. provided by the National Institute of Social Services, in the following terms:

A) Competences that correspond to the Autonomous Community of the Basque Country.

The Constitution, in Article 149, paragraph 1.17, and the Statute of Autonomy for the Basque Country, in its Article 10.12, 18 and the fifth transitional provision, constitute the rules that protect the present transfer.

In accordance with these constitutional and statutory provisions, the Autonomous Community of the Basque Country has competence in the field of social security assistance and social services, and therefore, by means of this agreement, the personal and material means necessary for the exercise of such means in accordance with the third subparagraph of paragraph G-1 of this Agreement.

B) Services and Institutions that are transferred.

B. 1 The Autonomous Community assumes, with reference to its territorial scope, the functions and services corresponding to the social security assistance and services provided by the INSERT.

Likewise, in equal terms, it assumes the functions and services corresponding to the State Administration and the Social Security services associated with the National Institute of Social Services.

In particular, within the above, the following are understood, among others:

(a) The functions and services corresponding to the Provincial Centres and Directorates of the INSERSO in the Basque Country, as well as those attributed to the central services of the managing entity.

(b) The functions and services corresponding to the Ministry of Labour and Social Security, as soon as they relate to the management, organisation, supervision, protection and inspection of the functions and services referred to in paragraph 1. (a).

(c) The functions and services provided to the managing body, the National Institute of Social Services, by the social security services.

d) All those functions and services that refer to the Conventions for the provision of social services with Entities and Institutions. From the date of effectiveness of the transfer, the Autonomous Community is subrogated to the Conventions in force.

B. 2 All without prejudice to the High Inspection and how many other powers, functions and actions correspond to the State in accordance with the Constitution and the basic legislation on Social Security.

C) Coordination between the State Administration and the Autonomous Community.

The following functions will be developed in coordination between the State Administration and the Autonomous Community of the Basque Country:

(a) 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 budgetary and other information on the exercise of their respective functions, for statistical purposes, following a standardised methodology, in such a way as to guaranteed their statistical coordination and integration.

b) The development of joint studies and projects, as well as the implementation of proposals for the improvement of social security social services and collaboration in scheduled actions of general interest.

c) The development of state projection software programs and access to information derived from them.

d) Coordination between the General Council of the National Institute of Social Services and the participation organ provided for in Article 18.5 of the Statute of Autonomy for the Basque Country.

e) The subscription, if any, of Conventions that allow the attention of beneficiaries of the Basque Country in the Centers that, by their character, are managed centrally.

(f) Any other that can contribute to the best relationship and coordination between the State Administration and the Autonomous Community of the Basque Country.

D) Goods, rights, and obligations that are transferred.

1. They are transferred to the Autonomous Community of the Basque Country, for the effectiveness of the functions that are the object of the transfer, the real estate and rights that are related in the detailed inventory of the relations attached numbers 1.1 and 1.2 with all that is found in them, without the exception of any kind of goods. The Autonomous Community of the Basque Country assumes all the powers and rights that may be placed on such immovable property, except its ownership, which shall continue in the name of the General Treasury of Social Security.

2. The new construction works, as well as the extension works, which involve modification of the external structure, on buildings or land transferred, carried out by the Autonomous Community of the Basque Country, will be definitively integrated into their heritage, By mutual agreement the appropriate measures to ensure that, in accordance with the civil and mortgage legislation in force, the previous objective is effective. To this end, the conclusion of Conventions between the two administrations may be used, which may also extend to the regulation of the procedures for the disposal and taxation of immovable property of the General Treasury (a) Social Security, which in any event will require the mutual agreement of both administrations, as well as new subscriptions and swaps between the services transferred and those that have not yet been transferred and, in general, to reach how much is appropriate for mutual interest.

3. The system referred to in the preceding numbers is set up as a transitional period, until the conditions for the assumption by the Autonomous Community of the full ownership of the real estate of the Social Security attached to the INSERT are created. its territory.

4. Within one month of the date of effectiveness of the transfer, the corresponding minutes of delivery and receipt of furniture, equipment and inventoried material shall be formalised.

5. As from the date of effectiveness of the transfer, the Autonomous Community of the Basque Country assumes, in accordance with paragraph G, the obligations relating to the services transferred, resulting from contracts, conventions and other acts legal.

E) Staff attached to the services being transferred.

The staff assigned to the services being transferred are collected in relation 2.

F) Job positions that are filled in.

The jobs that are moved are listed in relationship 2.

G) Budget regime.

1. For the financing of the transferred services of the INSERSO the Autonomous Community of the Basque Country shall have annually the percentage corresponding to the imputation rate used each year for the calculation of the quota of the Autonomous Community to the State in accordance with Law 12/1981 of 13 May of the total cost in the State of the services associated with that transfer.

The total cost shall be the sum of the appropriations contained in the statement of expenditure of the budget of the managing body-National Institute of Social Services-plus the amount of the budget appropriations for expenditure corresponding to those functions and services provided by the State Administration and by the Social Security, in relation to the services to be transferred.

As long as no reordering of the public social security system is carried out, as provided for in Article 41 of the Constitution, which will entail alteration of the legal nature of the economic benefits that Today, it manages the INSERT-in which case, the fifth transitional provision of the Statute of Autonomy of the Basque Country would have to be prevented-the appropriations which, in order to meet the expenses resulting from these benefits, will be included in the budget of the INSERT, shall be included in the calculation of the total cost for the purposes of determining the amount of resources corresponding to the Autonomous Community of the Basque Country.

2. In order to determine the total amount of the resources corresponding to the Autonomous Community of the Basque Country of the base determined in accordance with the preceding number, only the appropriations for the financing of the centres and services shall be deducted corresponding to the extinct National Social Assistance Institute.

3. The total cost of the services associated with the transfer shall be deemed to be financed by contributions from the State and by contributions and other revenue from the Social Security system, in proportion to what one and other sources represent in the total funding of the same.

For such purposes, State contributions shall be understood as transfers made by the State to the stabilisation fund between schemes and other state subsidies, which do not meet the compensation of quotas left to enter for substitutions, bonuses, reductions or exemptions from those, whatever the nature is due.

By quotas and other income other than the State's contribution, the contributions of employers and workers will be understood, public compensation for the exemptions, bonuses or substitutions of those, income of assets, interests, dividends and units or products of any nature.

4. The amount resulting in favour of the Autonomous Community of the Basque Country-derogation from the depreciation attributable to the Basque Country-shall be made available to the Basque Country in the part deemed to be financed by quotas and other revenue. through monthly transfers from the General Treasury of Social Security, within the first fifteen days of each month.

The remainder of the above amount will be subject to minorations in the initial calculation of the provisional quota to satisfy the State.

5. The total amount of the credit for depreciation attributable to the Basque Country shall be obtained by application of the imputation rate, referred to in number 1, to the State total.

6. The percentage represented by the sources of financing referred to in the first subparagraph of the preceding number 3 shall be obtained for each year and definitively from the statement of revenue from the initial budget approved for the purpose of the Social.

7. The revenue from the beneficiaries ' participation in the cost of the Centers and Services being transferred shall be considered as the own revenue of such Centers and Services.

8. Once the budget year has been cleared up, the resources in favour of the Basque Country will be adjusted, applying, to the initially allocated, the percentage of deviation that the implementation of the budget of the ESPSO has experienced in that year. transferred to the Autonomous Community of the Basque Country in respect of its initial budget. For the purpose of determining the percentage of deviation, the revenue from services provided to third parties, which have generated credits to the Institute, shall not be taken into account.

Where the final settlement of the financial year has not been approved before 1 June of the following immediate financial year, the adequacy of the resources referred to in the preceding subparagraph shall be carried out with provisional character using the pre-settlement data available on that date.

Also, and as regards the imputation rate used for the provisional calculation of the total cost of the services transferred, once determined on a definitive basis, in accordance with Article 55.2 of the Law 12/1981, of May 13, will proceed to the timely liquidation, by simple replacement of the provisional index by the definitive one.

9. The regularisation resulting from the previous liquidatory operations shall be made effective at once in the same terms and procedures as those provided for in No 4 and in the immediate subsequent payment period, in the part of the imputable, to be performed by the General Treasury of Social Security.

10. The Autonomous Community of the Basque Country shall participate, in the form of advances on account of the liquidation, and in the percentage indicated in No 1, of the extensions and additions of appropriations approved in the current financial year in the budget of the INSERT.

The making available, if any, of these credits shall also be made at once in the same terms and procedures as indicated in number 4 and in the immediate subsequent instalments of transfer or quota, respectively.

11. In accordance with the budgetary autonomy of the Autonomous Community of the Basque Country, the appropriations allocated to it in the budget for social security shall be entered in Chapter 4, the article corresponding to transfers to Autonomous Communities of the budget of the INSERSO, for the amount corresponding to the part financed by quotas and other revenues of the system.

12. The assessment of the total cost at the State level, corresponding to the charges assumed under this transfer, as regards the 1987 budgets, is set out in the attached ratio number 3.

H) Documentation and records of the services being moved.

The delivery of documents and records of the services transferred shall be made within one month of the effectiveness of this agreement. The resolution of the files which are being processed shall be carried out in accordance with the provisions of Article 4 of Royal Decree 2339/1980 of 26 September 1980.

I) Transfer effectiveness date.

Without prejudice to the entry into force of the Royal Decree of approval of this Agreement, the transfers shall be effective from 1 January 1988.

And for the record, we issued this certification in Madrid on June 17, 1987. -The Secretaries of the Joint Commission, Juan Soler Ferrer and Iñaki Goicoetxeta González.