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The Statute of Autonomy of the Canary Islands, approved by Law 10/1982 of 10 August, in Article 34, B), 2, assigns to the Autonomous Community powers of execution in the field of non-integrated Mutual Security Social. 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 fourth 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 23 June 1983, the Council adopted a proposal for a Council Regulation (EEC).
In its virtue, in compliance with the provisions of the transitional provision fourth of the Statute of Autonomy of the Canary Islands, on the proposal of the Ministers of Labor and Social Security and of Territorial Administration, and after deliberation of the Council of Ministers on 27 July 1983, I have:
Article 1. The agreement of the Joint Committee provided for in the fourth transitional provision of the Statute of the Autonomous Community of the Canary Islands, which transfers the functions of the State in the field of non-integrated mutual social security to the Community, is hereby approved. Autonomous of the Canary Islands and the corresponding services and institutions and personal and budgetary resources necessary 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 which have been transferred to the same services and goods, rights and obligations, as well as to the Autonomous Community of the Canary Islands, are transferred to the Autonomous Community of the Canary Islands. 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 shall be effective from 1 July 1983, as indicated in the agreement of the Joint Committee, and all administrative acts intended for the maintenance of the services of the same regime and level of operation as they had at the time of the adoption of the agreement which is transcribed as 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 CARLOS R.-The Minister of the Presidency, Javier Moscoso del Prado and Muñoz.
ANNEX I
Dona M. L. C. and Don J. J. T. L., Secretaries of the Joint Committee provided for in the fourth transitional provision of the Statute of Autonomy of the Canary Islands, certify: That at the plenary session of the Commission held on 23 June 1983 the transfer to the Autonomous Community of the Canary Islands of the functions and services in the field of mutual non-integrated in social security was agreed, in the following terms.
A) Reference to constitutional and statutory and statutory rules for the transfer.
The Statute of Autonomy for the Canary Islands, adopted by Law 10/1982 of 10 August, in Article 34 (B), 2, confers on the Autonomous Community the jurisdiction to implement the legislation on non-integrated mutuals in the Canary Islands. Article 1 (a) of the Organic Law of 10 August provides for compliance with the provisions of Article 35 (a) of the Statute for the Canary Islands.
On the basis of these statutory provisions it is legally possible for the Autonomous Community of the Canary Islands to have competence in the field of Mutual Mutual Social Security, which is why it is already necessary to operate in this field. transfers of functions and services of such kind to the same, initiating and completing the process.
B) Functions of the State that assumes the Autonona Community and the identification of the services that are transferred.
1. The following functions are transferred to the Autonomous Community of the Canary Islands, within its territorial scope, in the terms of this Agreement and of the Decrees and other rules that make it effective and published in the "Official State Gazette". that was coming from the State.
In the field of mutualism not integrated in Social Security, and under Article 34, (b), 2, of the Statute of Autonomy of the Canary Islands, and of Article 149.1, 11., of the Constitution:
a) The approval of the constitution, classification and registration of the Entities.
b) Surveillance, inspection and control of its operation.
c) Authorization of removals, mergers and dissolutions thereof.
2. The exercise of the functions transferred shall be limited to the non-integrated Mutual Social Security Mutualities which have their registered office in the territorial area of the Autonomous Community of the Canary Islands, as well as to the Federations, Associations or Groupings 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 Ministry of Labour and Social Security shall remain in the Ministry of Labour and Social Security within the meaning of the previous paragraph with respect to the Entities which, however, are based in the territory of the Autonomous Community, act in place of the Entities. management of social security in the management of the relevant contingencies of the General Regime or of the Special Regiments of Social Security, as referred to in Article 1. of Royal Decree 1879/1978 of 23 June, as well as those of the Entities that collaborate in the management of Social Security, to be considered all integrated in the latter.
2. It is reserved, within the Ministry of Economy and Finance, to the Directorate-General for Insurance, as appropriate to the supervision, control and inspection of the performance of the insurance organization, the faculty of mandatory and binding report referred to in Articles 26 and 27 of the Regulation of 26 May 1943, which, prior to the establishment of the Entity, determines whether or not it falls within the scope of the private insurance regulatory legislation.
D) Functions in which the State Administration and the Autonomous Community and the form of cooperation are to be present.
1. The Ministry of Labour and Social Security shall be referred to the Ministry of Labour and Social Security for the purposes of their integration into the relationship of Social Welfare Entities existing outside the territorial scope of the Autonomous Community. the high and low of the Forecast Entities and details of the variations that occur in the Special Register of this type of Entities that is carried out in the Community. They shall also send the statistical data requested according to a questionnaire which is established in their case.
2. The Administration of the State, at the request of the Autonomous Community itself or at the request of the mutualists residing outside the territory of the latter, may, for the purposes of the protection of the rights of the said mutualists, inspect the activities of the Montepios located or carried out, respectively, outside the territory of the Autonomous Community, giving account of their actions to the competent bodies of the same all without prejudice to the high inspection which it is necessary to carry out 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 that are moved.
There is no.
H) Final assessment of the financial burdens of the services transferred.
There is no.
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 Registry that to this effect is established in the Ministry of Labour and Social Security The Council of Ministers will hold a meeting within one month of the approval of this agreement.
J) Transfer effectiveness date.
The transfer to which this agreement refers will be effective from 1 July 1983.
And for the purpose of the present certification in Madrid as of June 23, 1983.-The Secretaries of the Joint Commission, M. L. C. and J. J. T. L.
* The inclusion of this relationship is omitted.
ANNEX II
Relation of rules affected by the transfer
1. Law of December 6, 1941, of Montepios and Mutualities.
2. Regulation of the Law of 6 December 1941, approved 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.
