Key Benefits:
Decision of 10 November 1998 laying down rules for the implementation of the Act on disaster damage and major accident damage (disaster and major-accident disaster)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister for the Interior, Directorate-General for Public Order and Security, Directorate of Fire and Disaster Management of 25 February 1998, No EB98/400, done in accordance with Our Ministers of Economic Affairs, of Agriculture, Nature Management and Fisheries, of Traffic and Water State, of Housing, Spatial Planning and Environmental Management and Finance;
Having regard to the Article 4, first paragraph, point (h), (2) (i) and (j), and third paragraph, point (e) , and 6, first paragraph, of the Act to address damage in the event of disasters and major accidents ;
The Council of State heard (opinion delivered on 2 June 1998, No WO4.98 0076);
Having regard to the detailed report by Our State Secretary for the Interior, Directorate-General for Public Order and Security, Directorate of Fire and Disaster Management of 30 October 1998, No EB1998/513888 delivered in accordance with Our Ministers of Economic Affairs, of Agriculture, Nature Management and Fisheries, the Secretary of State for Transport and Water State, and Our Ministers of Housing, Regional Planning and the Environment, of Finance;
Have found good and understand:
For the purposes of this Decision, the following definitions shall apply: Disaster Response to disaster .
1 Labour in its own management as referred to in Article 4, first paragraph, point (h), 2 °, and (i) of the Act shall be calculated on the number of hours in which an owner, a co-owner, or a director of an undertaking or its staff has carried out the work mentioned in those items of equipment.
2 The amount of the concession shall be determined on the basis of the number of hours referred to in paragraph 1, multiplied by an hourly rate to be fixed by ministerial arrangement.
1 Additional work in his own management as referred to in Article 4, first paragraph, point (j) of the Act shall be calculated on the number of hours in which an owner, a co-owner, or a director of an undertaking or its staff has carried out the activities referred to in this Article.
2 In the number of hours referred to in paragraph 1, the number of hours per day shall be reduced:
a. 7 hours, in so far as staff with a full-time service are concerned;
(b) 3.5 hours, in so far as staff with a part-time service are concerned.
3 The amount of the concession shall be determined on the basis of the number of hours resulting from the calculation referred to in the first and second paragraphs, multiplied by an hourly rate to be fixed by ministerial arrangement.
The amount of the concession shall be granted as far as it is concerned:
a. the damage, intended in Article 4, first paragraph, point (a) of the Act , calculated on the basis of the cost of recovery, reduced the cost of past due maintenance and the cost of improvement;
b. the damage, intended in Article 4, first paragraph, point (b) of the Act , calculated on the basis of the recovery costs up to either the daily value or the daily value at total loss;
c. the damage, intended in Article 4, first paragraph, point (c) of the Act , calculated on the basis of the cost of recovery, reduced the cost of past due maintenance and the cost of improvement;
d. the damage, intended in Article 4, first paragraph, point (d) of the Act , calculated on the basis of:
1 °. the cost of recovery reduced by the cost of past due maintenance and costs of improvement, if it concerns farm buildings and land, as well as business-related installations;
2 °. the costs of recovery to a maximum of daily or day value in the case of total loss, if the machinery, non-business installations and business inventory are concerned;
3 °. the purchase value, including the cost of transport and treatment or lower sales value, if the land and ancillary goods are concerned;
4. the integral cost up to the stage of operation or lower sales value, if the work is in the hands of work;
5 °. the integral cost or the lower sale value, if the finished product is concerned;
6 °. the purchase value, including the cost of transport and treatment or lower sales value, if the goods were bought in to third parties;
7 °. the basis for the sale, or lower sales value, if the crops or animals which are lost on the market are lost;
8 °. the cost of purchase of substitute crops, plus the costs of production to bring the new crop to the same production stage as the crop lost, if the crops lost are not on the market be traded, taking into account in multi-annual crops, the lifetime of the crops lost;
9 °. the cost of reproduction of replacement animals to the same production stage as the lost animals, if the lost animals are not traded on the market;
10 °. the costs of recovery or of the basis of the recovery referred to in subparagraph (e) if the damaged crops or animals are concerned.
e. the damage, intended in Article 4, first paragraph, point (e) and (f) of the Act , calculated on the basis of the lesser yield during the period of damage referred to in the said item parts minus the saved costs, including the variable costs and the costs of an employer for its employees, for the period of the period of compensation. provided that such workers are entitled to benefits under the conditions of employment, whether temporary or temporary, in paid employment Unemployment law . Below the lesser yield means the yield that could reasonably be expected to be calculated on the basis of the integral cost and, where applicable, minus the realised return at market value.
1 As activities, intended to Article 4, third paragraph, part (e) of the Act , the creation or modification of construction works shall be designated.
2 As rivers, intended in Article 4, third paragraph, part (e) of the Act , shall be designated the rivers or parts of rivers identified on the map annex of this Decision.
This Decision shall enter into force on a date to be determined by Royal Decree.
This decision is cited as: Order for damage damage in the event of disasters.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 10 November 1998
Beatrix
The Secretary of State for the Interior and Kingdom Relations,
G. M. de Vries
Published on the first December 1998The Minister of Justice,
A. H. Korthals
