Royal Decree 3825/1982, of December 15, determines the rules and procedure to which the transfer of functions and services of the state to the Autonomous Community of Andalusia must be adjusted.

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 for Andalusia, At its meeting on 27 December 1983, the Commission adopted the agreement to carry out transfers in the fields entrusted to the National Social Security Service Institute, whose practical virtue requires its approval by the Government. by Royal Decree.

In its virtue, in compliance with the provisions of the second transitional provision of the Statute of Autonomy for Andalusia, on the proposal of the Ministers of Labor and Social Security and of Territorial Administration, and prior Discussion of the Council of Ministers at its meeting on 1 August 1984, I have:

Article 1. The Joint Committee's Agreement, provided for in the second transitional provision of the Statute of Autonomy of Andalusia of 27 December 1983, which transfers the functions of the Social Security in the matters entrusted to the Commission, is hereby approved. Instituto Nacional de Servicios Sociales de la Seguridad Social a la Comunidad Autónoma de Andalucía y se le traspass los corresponsables servicios, medios personas, materiales no inventariables y budget y se adimben los goods The invention also has a specific inventory for the exercise of the same.

Art. 2. Consequently, the functions referred to in the Agreement, which are included as Annex I to this Royal Decree and transferred or attached, where appropriate, to the same services and goods, are transferred to the Autonomous Community of Andalusia. rights and obligations, as well as the staff and budgetary appropriations contained in the reactions attached to the Joint Committee's own agreement, in the terms and conditions specified therein.

Two. Annex II to this Royal Decree sets out the legal provisions affected by this transfer.

Art. 3. The transfers referred to in this Royal Decree shall be effective from 1 January 1984, as indicated in the Agreement of the Joint Committee, without prejudice to the production of the Ministry of Labour and Social Security until the entry into force of this Agreement. in force of this Royal Decree, all the administrative acts necessary for the maintenance of the services in the same regime and level of operation that they had at the moment of the adoption of agreement that is transcribed as Annex I of the present Royal Decree.

Art. 4. The budgetary appropriations which are transferred to the Autonomous Community of Andalusia in order to carry out the functions and services transferred are covered by the procedure for enabling funds established by means of a resolution of the Directorate-General of the Economic System of Social Security of 28 December 1981. Accordingly, the relevant central offices of the National Institute of Social Services will have to issue the relevant documents in respect of the appropriations provided for in the budgets for expenditure and appropriations. On the other hand, the General Treasury of Social Security, upon receipt of such documents duly conformed, will proceed to credit the appropriate amounts in an account open to the effect and to communicate the operations carried out for its corresponding accounting.

Art. 5. This Royal Decree will enter into force on the day of its publication in the Official Journal of the State.

Given in Palma de Mallorca to August 1, 1984.-JUAN CARLOS R.-The Minister of the Presidency, Javier Moscoso del Prado and Muñoz.

Annex I

Don J. L. B. O. and Doña M. S. M. M., Secretaries of the Joint Commission provided for in the second transitional provision of the Statute of Autonomy for Andalusia, certify:

At the plenary session of the Commission, held on 27 December 1983, it adopted an agreement on the transfer to the Autonomous Community of Andalusia of the functions and services of social security in the areas entrusted to it. the National Institute of Social Services (INSERSO), in the following terms:

A) Constitutional, statutory and legal rules in which the transfer is protected.

The Constitution, in its article 149, 1, 17., attributes to the State the principle of basic legislation and the economic system of social security, without prejudice to the execution of its services by the Autonomous Communities. For its part, the Statute of Autonomy for Andalusia states in its article 13.22 that it is for the Autonomous Community to have exclusive competence in matters of social assistance and services. Article 20 (2) and (b) of the Staff Regulations provides that it is for the Autonona Community to carry out legislative development and to implement the basic legislation of the State in the field of social security, with the exception of the rules governing the economic arrangements for the same, as well as the management of the economic system of social security. Similarly, in accordance with Article 20 (4), the Autonomous Community may organise and administer, for such purposes, and within its territory, all the services related to the materials previously expressed and shall exercise the supervision of the the institutions, entities and functions in the field of social security, reserving the state the high inspection in the same matter.

On the basis of these constitutional and statutory forecasts, the transfer of functions and services of such nature to the Autonomous Community of Andalusia should be operated in this field, thus initiating the process.

The Royal Decree-Law 36/1978 of 16 November on the 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, the Royal Decree 1856/1979, of July 30, regulates the structure and competencies of the institute, qualified as an Entity Gestora of Social Security and endowed with legal personality.

B) Social Security Functions referred to the INSERT assumed by the Autonomous Community, with the identification of the services that are transferred.

1. It is transferred to the Autonomous Community of Andalusia 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 the functions that the State and the Administration of Social Security were carrying out.

1. The functions corresponding to the centres and establishments of the National Institute of Social Services (INSERSO) in Andalusia, without prejudice to what is set out in point C) g. In relation to certain centres.

2. The functions entrusted by the legislation in force to the Provincial Directorates of the expressed Entity Gestora in Andalusia, as well as those corresponding to the Provincial Directorates in Andalusia of the Ministry of Labour and Social Security with respect to the National Institute of Social Services.

3. The elaboration and implementation of the plans and investments in the field that are carried out in Andalusia within the budgetary limits and in the context of the general assistance planning of the Autonomous Community and in accordance with the legislation State basic.

4. The establishment, management, updating and rescission of the concerts with Entities that provide services in Andalusia within the budgetary limits, subrogating the Autonomous Community in the concerts in force between the INSERSO and other entities, from the date of effectiveness of the transfer to the end of such concerts.

5. The creation, transformation and enlargement, within the budgetary limits, as well as the classification of the ordinary centres of the INSERSO in Andalusia.

6. The functions carried out by the INSERSO through its central services as regards the Andalusian territory and, among them, the inspection of services, the management of the obligatory and, if any, the social security benefits.

7. The management of the centres, establishments and services, as well as the functions carried over, shall be carried out in accordance with the law of the State, in particular with regard to the determination of the benefits, requirements and intensity of the action protection, economic-financial regime and economic-administrative system of social security.

2. The following services from their territorial scope are transferred to the Autonomous Community of Andalusia as soon as they carry out the functions which are also detailed.

1. Care facilities and facilities for the care of the elderly and disabled.

2. The centers and dependencies assigned to administrative functions of the INSERT.

C) Functions that the State Administration reserves.

The Ministry of Labor and Social Security will remain in the Ministry of Labor and Social Security.

(a) The elaboration and, where appropriate, the approval of the basic legislation in the field, guaranteeing the principles of equality and solidarity, in particular as regards the minimum objects of the supply of services and the the conditions for the entry of beneficiaries into the centres, which will be carried out according to the rules and scales established on a national basis, establishing a system that guarantees the possibility of access to each of the beneficiaries the State to any centre, service or provision, as well as the relevant complaints procedure or the use of the ordinary procedural pathways prior to the use of the procedure.

(b) The economic regime, without prejudice to its management by the Autonomous Community, in accordance with what is established.

(c) The promotion and coordination of studies, research and experimentation in methods and methods of action, as well as technical assistance aimed at improving social services.

d) High inspection and relations with foreign and international organizations interested in the matter.

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

f) The registration of Entities and Centers dedicated to the provision of social services whose scope of action extends to more than one Autonomous Community.

g) 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 and centres of large invalids. However, the possibility of transfer may be considered where the size of the centre or any other special characteristics of the centre would make it advisable to be dependent on the Autonomous Community under the principle of efficiency in management.

(h) Any other which corresponds to it under the rules and which is not inherent in the competences assumed by the Autonomous Community, or which, if so, has not, where appropriate, given rise to the corresponding transfer.

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 Ministry of Labor and Social Security and its Management Entities and the Autonomous Community of Andalusia in accordance with the mechanisms that in each case the following functions are indicated:

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

b) Technical and legal advice, as well as, in its own way, the representation and defense in the judgment of the Autonomous Administration and collaboration in the functions interventora. To this end, the legal advisers of the Social Security and the financial institutions shall provide the services which, within the framework of their functions and competences, entrust them to the Autonomous Community.

E) Budget regime.

(a) Correspond to the Autonomous Community of Andalusia annually to draw up 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 to be transferred 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) Once the distribution of the expenditure budget of the INSERT according to the model set out in point (h) of this paragraph, it shall constitute the encrypted, joint and systematic expression of the obligations which, at the most, can recognize the Autonomous Community.

(c) The appropriations to be authorised in the state of expenditure of the INSERT in favour of the Autonomous Community of Andalusia shall be limited and, therefore, the commitments of expenditure to be acquired in excess of their amount must be financed by means of resources provided by the Autonomous Community itself, unless they prevent the application of general provisions for the entire Spanish territory.

(d) The payment obligations of the Autonomous Community of Andalusia, 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 Andalusia will be adapted to the rules established by the Ministry of Labour and Social Security.

The expenditure budget referred to in the preceding paragraph shall be classified by programmes and these, in turn, organically, economically and functionally, in accordance with the aim to be achieved through the various units of expenditure.

f) As documentation annexed to the preliminary draft budget, the autonomous community of Andalusia will accompany the following documents:

a ') Explanatory note.

b ') Economic and financial report.

g) Corresponding to the higher Organ of the Autonomous Community of Andalusia the examination and submission of the preliminary draft budget of the services transferred from the INSERT.

The above bodies of the Autonomous Community of Andalusia will approve a management basis that will in no way alter the principles contained in Law 11/1977 of 4 January, except in the organic aspect. General Budget. 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 State Cortes, the Ministry of Labour and Social Security shall carry out the distribution of the budget of the INSERT in favour of the Community. Autonomous region of Andalusia, according to the following specifications:

1. The basic criterion shall be the coefficient of population to be assisted at any given time, considered as a weighted average of the population of over 60 years (60 per 100 by weight) and of the total population (40% by weight of weight). (a) the first factor for the third-age protected population and the second for the disabled population, all of which was referred to in the 1980 census data.

Notwithstanding the above, they will be determined in the first place and before the allocation is made of the budgetary expenditure necessary for the attention of the common services of the State, understanding by such those that the functions of coordination, planning, inspection and documentation, as well as those relating to special centres which must be managed centrally, and the appropriations for the budget concept 'monthly allowance for deep-disabled people'.

2. In the year 1984, the effective cost of services, including those which do not mean monetary movement, will be adopted as a basis for distribution, in accordance with the liquidation of the 1983 budget and, until such time, the disposal available.

This distribution criterion will be applied to the overall expenditure budget of the INSERT approved for 1984, with the exception of paragraph 1 of this issue and the 1984 budget, the appropriate time being required. adjustment in the 1985 financial year, in accordance with the general criterion set out in paragraph 1 of this point, taking into account the mechanism provided for in paragraph 4.

3. As from 1 January 1984, the expenditure commitments, which have not been recognised by the central services of the ESPSO, will be entered into under the criteria of the Autonomous Community of Andalusia.

4. For a period of 10 years, from 1 January 1985, with effectiveness since 1984, in order to guarantee the real cost of the services transferred, or to avoid serious distortions in the actual financing, the difference between these and the The rate of the population to be assisted shall be reduced by 10 per 100 of that difference for each of the above 10 years.

If, from the sixth year onwards, real increases of more than five points above the previous year's CPI were produced for the INSERT budget, it will be reduced for each point that exceeds the indicated five points by one year of adjustment. transition.

For each census the indices set out in the criterion set out in paragraph 1 shall be reviewed.

i) The Autonomous Community of Andalusia shall provide the State Administration with statistical information on the exercise of the transferred functions, in accordance with the existing methodology or the one which, where appropriate, the Administration of State 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 will provide the Autonomous Community of Andalusia with information on the same subjects.

The Autonomous Community of Andalusia 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 accounts and balance sheets, of the Social Security to be presented in the General Cortes, in accordance with Article 149 of the General Budget Law, the Autonomous Community shall transmit, 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 allocation of funds shall be made by means of the budget of expenditure relating to the Autonomous Community on the date and form in which they agree in document express representatives of the Andalusian, the INSERT and the the General Treasury of Social Security, in turn appointed by the General Secretariat for Social Security.

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

1. The goods, rights and obligations of the state that are collected in the detailed inventory of the attached relationship number 1 *, where the buildings and the concessions and contracts affected are identified, are transferred to the Autonomous Community of Andalusia. for the transfer. These transfers shall be formalised in accordance with the transitional provisions of the Statute of Autonomy for Andalusia and other applicable provisions.

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

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

The staff assigned to the services transferred and referred to nominally in the attached relationship number 2 will become dependent on the Autonomous Community of Andalusia, in the legally provided terms of the Staff Regulations. Autonomy and other rules in each applicable case, and in the same circumstances as specified in the attached relationship and with your Personal Registration number.

2. The Staff Service of the National Institute of Social Services will notify those interested in the transfer and their new administrative situation, as soon as the Government approves this Agreement by Royal Decree. It shall also be forwarded to the competent bodies of the Autonomous Community of this staff, as well as the certificates of haberes, relating to the amounts due during 1983, preceded by the National Institute of Services. Social to modify the organic and budgetary templates according to the transfers made.

H) Job vacancies that are transferred.

Vacant job positions that are budgeted for detailed in the attached relationships number 2, with indication of the Body or Scale to which they are attached or assimilated, organic level and budgetary allocation corresponding.

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

The budget appropriations for the financial year 1984 which are transferred to the Autonomous Community of Andalusia are as detailed in the attached ratio number 3 *.

J) Documentation and records of the 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 decision of the files to be processed shall be made in accordance with the provisions of Article 8 of Royal Decree 3825/1982 of 15 December 1982.

K) Transfer effectiveness date.

The transfer of functions and services with their means, which is the subject of this Agreement, will be effective from 1 January 1984.

And for the record, we issued this certification in Madrid at December 27, 1983.-The Secretaries of the Joint Commission, J. L. B. O. and M. S. M. M.

*The inclusion of this relationship is omitted.

ANNEX II

Decree * Legal precepts affected *

Article 2. 2. * Royal Decree-Law 36/1978 of 16 November on the institutional management of social security, health and employment. *

* Royal Decree 1856/1979 of July 30 on the structure and competencies of the National Social Security Service Institute. *