The Statute of Autonomy of the Valencian Community, approved by Organic Law 5/1982 of 1 July, in its article 31.21, assigns to the Autonomous Community exclusive competence in the field of non-integrated mutual 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 fourth transitional provision of the Statute of Autonomy, has made concrete the corresponding services of the State which must be transferred to the Autonomous Community, adopting the On 27 June 1983, the Council held a meeting of the plenary session on 27 June 1983.

In its virtue, in compliance with the provisions of the transitional provision fourth of the Statute of Autonomy of the Valencian Community, on the proposal of the Ministers of Labor and Social Security and of Territorial Administration, prior to Discussion 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 Autonomy of the Valencian Community, which transfers functions of the State in the field of non-integrated Mutual Social Security, is hereby approved. The Valencian Community and the corresponding Services and Institutions and personal, material and budgetary means 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 transferred to the same services and goods, rights and obligations, as well as the services, are transferred to the Valencian Community. budgetary appropriations and documents and dossiers which are included 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 in the same system 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

Don G. P. de D. y dona M B. B. P., Secretaries of the Joint Commission provided for in the transitional provision of the Statute of Autonomy of the Valencian Community, certify:

The agreement on the transfer of functions and services of the State Administration to the Valencian Community in the field of non-integrated mutual funds was adopted at the plenary session of the Commission on 27 June 1983. In the case of Social Security, the following terms are expressed.

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

The Statute of Autonomy for the Valencian Community, adopted by Law 5/1982 of 1 July, in its article 31.21, confers on the Autonomous Community exclusive competence over non-integrated Mutualism in the system of the Social security, while respecting commercial law.

On the other hand, article 149.1.11. of the Constitution attributes to the exclusive competence of the State the bases for the organization of the insurance. For its part, the Statute of Autonomy of the Valencian Community, in its article 32.1.4, attributes to this Autonomous Community the legislative development and the execution of the management of the insurance.

On the basis of these constitutional and statutory provisions it is legally possible for the Valencian Community to have powers in the areas of mutual non-integrated in the social security system, which is why already operate in this field of transfers of functions and services of such kind, starting and completing the process.

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

1. It transfers to the Valencian Community, 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 Gazette of the State", the following functions making the State.

In the matter of Mutualism not integrated in Social Security and under the protection of article 31.21 of the Statute of Autonomy of the Valencian Community 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 carried out shall be limited to the non-integrated Mutualities in Social Security which have their registered office in the territory of the Valencian Community, 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 mutual non-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 benefits which are transferred, 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 scheme or of the special schemes for social security 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, the Directorate General of Insurance, as much as it corresponds to the supervision, control and inspection of the compliance 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 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 Social Security shall be referred to the Ministry of Labour and Social Security for the purpose of integration in 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. Also, the statistical data requested, according to the questionnaire that is established in your case.

3. 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 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 bodies of the Autonomous Community, without prejudice to the high inspection which 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 Lnstitutions that are transferred.

There is no.

G) Job vacancies that are moved.

There is no.

H) Final assessment of the financial charges for the Services transferred.

The actual cost which, according to the liquidation of the budget of expenditure for 1982, corresponds to the services transferred by this Royal Decree to the Valencian Community, is definitively raised to 61,417 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 works in the Register which for such purposes 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 record, we issued this certification in Madrid at 23 June 1983.-The Secretaries of the Joint Commission, G. P. de D. and M. B. B. P.

* 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 agreement of 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.