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 field of the Administrative Unit of the National Fund for the Protection of Work, the practical virtue of which requires its approval by the Government. 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 After the Council of Ministers had been deliberated at its meeting on 9 May 1984, I have:

Article 1. The agreement of the Joint Committee provided for in the second transitional provision of the Statute of Autonomy for Andalusia, dated 27 December 1983, for which the State functions in the field of the Administrative Unit of the National Fund for the Protection of Labor, the Autonomous Community of Andalusia and the corresponding services and institutions and personal, material and budgetary resources necessary for the exercise of those services.

Art. 2. 1. As a result, the functions referred to in the Agreement included as Annex I to this Royal Decree, as well as services and goods, rights and obligations, and personnel and personnel, are transferred to the Autonomous Community of Andalusia. budgetary appropriations which are included in the relations attached to the Joint Committee's own agreement, in the terms and conditions specified therein.

2. 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 the day indicated in the Agreement of the said Joint Committee, without prejudice to the fact that the Ministry of Labour and Social Security produces, until the entry into force of this Agreement Royal Decree 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 the agreement that is transcribed as Annex I of the present Royal Decree.

Art. 4. The budget appropriations that are detailed in relations 3.2 as in current General Budget of the State will be discharged from the concepts of origin and transferred by the Ministry of Economy and Finance to the concepts set out in Section 32, which are intended to finance the services undertaken by the Autonomous Communities, once they are referred to the Department by the Office of the Budget Office of the Ministry of Labour and Social Security, credit retention certificates, for compliance with the provisions of the Law of General Budget of the State in force. Article 5. This Royal Decree will enter into force on the day of its publication in the Official Journal of the State.

Given in Madrid on May 9, 1984. -JUAN CARLOS R. -Minister of the Presidency, Javier Moscoso del Prado and Muñoz.

ANNEX I

Don J. L. B. O. and Doña M. de la 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, an agreement was reached on the transfer to the Autonomous Community of Andalusia of the functions and services of the State in the field of the Administrative Unit of the National Fund for Protection of Work, in the following terms:

A) Reference to constitutional and statutory and statutory rules for the transfer.

The Constitution, in its article 149.1, 7., reserves the State exclusive competence in matters of labor law, without prejudice to its execution by the organs of the Autonomous Communities. For its part, the Statute of Autonomy for Andalusia states in its article 17.2, that it is for the Autonomous Community of Andalusia to implement the legislation of the State in the field of employment, without prejudice to the high inspection of the State and the established in Article 149.1, 2. of the Constitution.

On the basis of these constitutional and statutory provisions, it is appropriate to operate in this field of functions and services in this field, thus complementing the process.

Laws 45/1960, of 21 July, and 74/1980 of 29 December, and other supplementary provisions regulate the functions and services of the Administrative Unit of the National Fund for the Protection of Work as a Competition of the Ministry of Labour and Social Security.

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

1. They are transferred to the Autonomous Community of Andalusia within its territorial scope, in the terms of this Agreement and the Royal Decrees and other rules that make it effective and published in the Official Journal of the State, the following the functions that the State Administration was performing:

(a) The management of any of the different types of aid, grants and loans that the Administrative Unit of the National Fund for the Protection of the Work has been carrying out in respect of those matters that have been the subject of (a) a corresponding Royal Decree of transfers, with regard to the territorial scope of the Community itself and, specifically, those relating to employment support in Cooperatives, the 'Labour and self-employment', the support for retirement of workers, Child Childcare and Labour Integration of the Disabled: all of this, without prejudice to the provisions of paragraph c), 1.

b) The monitoring functions currently being developed by the Administrative Unit of the National Fund for the Protection of Labor, referring to the aid to be managed by the Autonomous Community of Andalusia from the entry into This Agreement shall apply without prejudice to the provisions of this Agreement to ensure the reimbursement of the resources used to return to the State.

2. The services currently being developed by the Autonomous Community of Andalusia are transferred to the Autonomous Community of Andalusia.

C) Functions that the State Administration reserves.

They will remain in the Ministry of Labor and Social Security and remain within their competence to be exercised by the Ministry of Labor and Social Security, the following functions that are legally attributed to them and perform the services cited:

1. The drawing up of the general provisions laying down the programmes and the conditions for granting aid, grants and loans. Each year, on the basis of objective criteria, the distribution between the Autonomous Communities to which this matter has been transferred shall be carried out, of the quantities entered for that purpose in the General Budget of the State and not correspond to actions to be developed in areas affecting more than one Autonomous Community. In the third quarter of each year, on the basis of objective criteria and in the light of possible availabilities likely to be unused in the rest of the year, they may be reallocated between the different Autonomous Communities to which it has been transferred. This is the subject of these resources.

2. The management and monitoring of aid, grants and loans granted to cooperatives which are the subject of a statutory scheme outside the geographical limits of the Community and of the Labour Societies which have more than one job Autonomous Community, as well as the monitoring and any other action concerning grants, loans and aid which, at the time of the entry into force of this Royal Decree, have already been granted.

3 High inspection.

4 The authorisation for the modification of the particular conditions of the aid granted.

5. The monitoring of the normal repayment of loans and the derivative of the exercise of shares established in them or which are the result of non-compliance with contractual obligations.

6. Any other that corresponds to it under the current regulations and which is not inherent in the competences of the Autonomous Community of Andalusia, or that it would not have given rise to the corresponding transfer.

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

They will be developed in coordination between the Ministry of Labor and Social Security and the Autonomous Community of Andalusia, in accordance with the mechanisms that are indicated in each case, the following functions:

(a) The Autonomous Community of Andalusia shall provide the State Administration with statistical information on the exercise of the functions transferred, in accordance with the existing methodology or the one which, if necessary, 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.

(b) Annually, and prior to the preparation of the provisions referred to in paragraph (c), 1., the Ministry of Labour and Social Security shall consult its content with all the Autonomous Communities concerned.

E) Goods, rights and obligations of the State that are passed on.

1. The Autonomous Community of Andalusia is transferred the goods, rights and obligations of the State which are collected in the detailed inventory of the attached relation number 1 *, where the buildings affected by the transfer are identified. These transfers shall be formalised in accordance with the provisions of the Statute of Autonomy and other provisions in each applicable case.

2. Within one month of the publication of the Royal Decree approving this Agreement, the corresponding minutes of delivery and receipt of furniture, equipment and inventoried material shall be signed.

F) Staff assigned to the services being transferred.

1. 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 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 their Personnel Registration number.

2. The Secretariat of the Ministry of Labor and Social Security will notify those interested in the transfer and their new administrative situation, as soon as the Government approves this Agreement by Royal Decree. In addition, a certified copy of all the files of such staff transferred, together with the certificates of haberes, shall be sent to the competent authorities of the Autonomous Community of Andalusia in respect of the amounts due during 1983, by the State Administration to modify the organic and budgetary templates according to the operated transfers.

G) Job vacancies that are moved.

There is no.

H) Final assessment of the financial burdens of the services transferred.

1. The actual cost, which, according to the liquidation of the expenditure budget for 1983, corresponds to the services which are transferred to the Community, is definitively increased to 52,634.4 000 pesetas, in detail in the ratio 3.1 *.

2. The financial resources intended to cover the costs incurred in the performance of the services carried over during the 1984 financial year are detailed in the ratio 3.2 *.

3. The actual cost as detailed in the valuation tables 3.1 will be financed in future years as follows:

Transiently, until the corresponding Law on participation in the State Taxation takes effect, through the consolidation in section 32 of the General Budget of the State of the credits relating to the different components of the effective cost, for the amounts indicated, which are likely to be updated by the general mechanisms provided for in each Budget Law:

* 1983 pesetas credits *

a) Gross costs: * *

Staff expenses * 44.372.0 *

Operating Expenses * 8.202.0 *

Investments for conservation, improvement and replacement * 60.4 *

* 52.634.4 *

b) To deduce: * *

Collection by rates and other income *-*

Net Financing * 52.634.4 *

The possible differences that occur during the transitional period, as referred to in the previous paragraph regarding the financing of the services transferred, will be subject to regularisation at the end of each 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.

I) 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 resolution of the dossiers being processed shall be made in accordance with the provisions of Article 8. of Royal Decree 3825/1982 of 15 December 1982.

J) 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. de la S. M. M.

ANNEX II

Legal precepts affected by this transfer

Additional provision 4., 1, of Law 74/1980, of December 29.

Article 13 of Law 45/1960, of July 21.

Order of the Ministry of Labour and Social Security of 6 July 1983, in its Programmes I, III and IV.

Royal Decree 620/1981, of 5 February, on a unified system of public aid to be reduced.

Order of the Presidency of the Government of 5 March 1982, which is carried out by Royal Decree 620/1981 of 5 February.

Order of the Ministry of Labour and Social Security of 16 March 1983 on the registration of protected enterprises and special centres of employment.

* The inclusion of this relationship is omitted.