The Statute of Autonomy of Andalusia, approved by Organic Law 6/1981 of 30 December, in its article 13.20 assigns to the Autonomous Community exclusive competence in matters of mutual non-integrated in social security. It is therefore appropriate to transfer to this Autonomous Community the functions and services of the State which are inherent in such competition.

The Joint Committee provided for in the second transitional provision of the Autonomy Statute has made concrete the corresponding services of the State which must be transferred to the Autonomous Community, adopting the on the appropriate agreement at its plenary session held on 5 May 1998.

In its virtue, in compliance with the provisions of the second transitional provision of the Statute of Autonomy of Andalusia. On a proposal from the Ministers for Labour and Social Security and Territorial Administration, and after deliberation by the Council of Ministers on 27 July 1983, I have:

Article 1. The agreement of the Joint Committee provided for in the second transitional provision of the Statute of Autonomy of Andalusia for the transfer of functions of the State in the field of mutual benefits not integrated into social security is hereby approved Autonomous de Anda) and the corresponding services and institutions and personal, material and budgetary resources are transferred to them for the exercise of those services.

Art. 2. 1. Consequently, the functions referred to in the agreement included as Annex I to this Royal Decree and transferred to it services and goods, rights and obligations are transferred to the Autonomous Community of Andalusia. as the budgetary appropriations and documents and files contained in the relations attached to the Joint Committee's own agreement, in the terms and conditions specified therein.

2. The legal provisions affected by this transfer are set out in Annex II to this Royal Decree.

Art. 3. The transfers referred to in this Royal Decree will be effective from day 1 of July 1983. As indicated in the agreement of the Joint Committee, all administrative acts intended for the maintenance of services in the same regime and level of fundation as they had at the time of the adoption of the Joint Committee were validated for these purposes. the agreement that is transcribed as an Annex I to this Royal Decree and which, if necessary, has been issued by the Ministry of Labour and Social Security until the date of publication of this Royal Decree.

Art. 4. This Royal Decree will enter into force on the day of its publication in the Official Journal of the State.

Given in Madrid to July 28, 1983.-JUAN CABLOS R.-EI 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 Autonomy Statute of the Autonomous Community of Andalusia, certify:

The agreement on the transfer to the Autonomous Community of Andalusia of the functions and services of the State in the field of non-integrated mutualism was adopted at the plenary session of the Commission on 5 May 1983. Social security, in the terms that are then expressed.

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

The Statute of Autonomy for Andalusia, Organic Law 6/1981 of 30 December, in its article 13.20 gives the Autonomous Community exclusive competence over non-integrated Mutualism in the social security system, respecting commercial law.

On the other hand, Article 149.1, 11., of the Constitution attributes to the exclusive competence of the State the bases of the ordination of the insurance. For its part, the Statute of Autonomy of Andalusia, in its article 13.1.3, attributes to this Autonomous Community the legislative development and the execution of the management of insurance.

On the basis of these constitutional and statutory provisions it is legally possible for the Autonomous Community of Andalusia to have competences in the areas of Mutual and Social Security, which is why it is The transfer of functions and services of such a nature to the field, starting and completing the process, is now necessary to operate in this field.

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

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

In the matter of Mutualism not integrated in Social Security and under the protection of Articles 13.20 and 15.1.3 of the Statute of Autonomy of Andalusia and of Article 149.1, 11. of the Constitution:

(a) The approval of the constitution, classification and registration of the Mutualities.

b) Surveillance, inspection and control of its operation.

c) Authorization of removals, mergers and dissolutions thereof.

2. The exercise of the functions carried out shall be limited to the non-integrated Mutualities in Social Security that have their registered office in the territorial scope of Andalusia as well as to the Federations, Associations or Pools of such Entities, provided that they comply with the same territorial requirement.

For such purposes it is understood by Mutualities not integrated in the Social Security the Associations currently subject to the Law of 6 December 1941 that with that denomination or any other exercise a modality of (a) a social or beneficial and non-profit-making provision designed to protect its members or property against circumstances or events of a fortuitous and foreseeable nature to which they are exposed by means of direct contributions from the associates or from other Entities or protective persons.

3. There are no administrative units at the provincial level to carry out the functions which are carried out and are not exclusively assigned to specific units the functions corresponding to the mutual mutual benefits, the the transfer of organic units or persons from both the provincial and the central services.

C) Competences, functions and services reserved by the State Administration.

1. The powers referred to in the previous paragraph shall remain within the Ministry of Labour and Social Security in respect of the Entities which, however, are based in the territory of the Autonomous Community, act in place of the Entities Social security management in the management of the corresponding contingencies of the General Regime or of the Specific Regiments) is of Social Security, as referred to in Article 1. From the Royal Docreto 1879/1978, of June 23 so ccmo with respect to those Entities that collaborate in the management of the Social Security, to be conceptualized all of them integrated in the latter.

2. It is reserved, within the Ministry of Economy and Finance, to the Directorate-General for Insurance, as appropriate to this supervision and inspection of the compliance with the insurance management, the power of mandatory and binding report referred to in Articles 26 and 27 of the Regulation of 26 May 1943, which, prior to the imposition of the Entity, determines whether or not it falls within the scope of the legislation governing private insurance.

D) Functions in which the State Administration and the Autonomous Community and the form of cooperation are to be present.

1. The monitoring and inspection functions carried out through the Inspection of Social Security Entities will continue to be carried out by the Labour Inspectorate, which will act on its own initiative in accordance with the general guidelines of the Community already by specific orders of inspection for particular cases, without prejudice to the normative competence that the Autonomous Community has in this matter.

2. The Ministry of Labour and Security shall be sent to the Ministry of Labour and Security for the purpose of integration in the relationship of Social Welfare Entities existing outside the territorial scope of the Autononna Community. Social, the high and low of the Entities of Forecast and details of the variations that occur in the Special Register of this type of Entidqdes that to this effect will be carried in the Community. Also the statistical data requested according to the questionnaire that is established in your case.

3. The State Administration shall, at the request of the Autonomous Community itself or at the request of the mutualists resident outside the territory of the Autonomous Community, inspect, for the purposes of the protection of the rights of the said mutualists, the centres or activities of the Montepios established or carried out, respectively, outside the territory of the Autonomous Community, giving account of their actions to the competent organs of the Autonomous Community, all without prejudice to the high inspection that corresponds to exercise to the State Administration.

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

There is no.

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

There is no.

G) Job vacancies to be transferred. There's no.

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

The effective cost of the services transferred by this Royal Decree to the Autonomous Community of Andalusia, according to the liquidation of the expenditure budget for 1982, is increased, definitively to 5,944. Pesetas, in accordance with the detail in relation number 2 * of this Annex.

I) Documentation and records of the services being transferred.

The delivery of the documentation of Social Security Entities, whose enumeration consists in the ratio number 1 * and which work in the Register that to this effect is established in the Ministry of Labor and Social Security, The Council of Ministers will hold a meeting within one month of the approval of this agreement.

J) Date of effectiveness of the iransference.

The transfers to which this agreement refers will be effective from 1 July 1983.

And for the record of the present certification in Madrid to May 5, 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

Relation of rules affected by the transfer

1. Law of December, 1941 of Montepios and Mutualities.

2. Regulation of the Law of 6 December 1941 adopted by the Council of Ministers of 26 May 1943.

3. Royal Decree 1879/1978 of 23 June 1978 laying down detailed rules for the application of Social Security Institutions acting as a substitute for Social Security.

4. Royal Decree 102/1983 of 25 January 1983 on the restructuring of the Ministry of Labour and Social Security.