Royal Decree-Law 25/2012, 7 September, Laying Down Urgent Measures To Alleviate The Damage Caused By Forest Fires And Other Natural Disasters In Several Autonomous Communities.

Original Language Title: Real Decreto-ley 25/2012, de 7 de septiembre, por el que se aprueban medidas urgentes para paliar los daños producidos por los incendios forestales y otras catástrofes naturales ocurridos en varias comunidades autónomas.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Forest fires have devastating effects on the economic, environmental and social fields, emphasize the processes of desertification and affect the landscape, the water cycle, biodiversity and tourism. The risk of forest fires is inherent in the climatic conditions of our country. Prevention, therefore, becomes one of the most important tasks for the administration. Operators should be aware also of this risk, taking measures of prevention and mitigation of its impact. Citizens, on the other hand, must maximise precautions because any imprudence can have serious consequences.

From the beginning of the month of June major fires have occurred in different parts of the Spanish geography that have mobilized numerous land and air media for extinction and implementation underway evacuation tasks and calcined thousands of hectares.

It is especially virulent fires that have claimed the loss of several lives and whose extension and propagation are noteworthy.

On the other hand, since the end of last May of hail storms have occurred in various territories of our geography, which have destroyed crops and fields, producing, also damage infrastructures of public ownership and private ownership, homes and farms and livestock goods.

These emergency management and minimization of damage have required effort and collaboration of all involved administrations through action coordinated by the General Directorate of Civil protection and emergency in the Ministry of the Interior, and the participation of forces and State security bodies, the air and ground means of the Ministry of agriculture, food and environment and the emergency military unit. All of them, together with the authorities, firefighters, regional and local, voluntary policemen, and with the resources of the autonomous and local administrations, have contributed to the consequences of these disasters have not been greater.

In the framework of the constitutional principle of solidarity and by application of the equity and equality of treatment in relation to previous situations, the magnitude of these events and their consequences requires public authorities to adopt extraordinary measures involving a specific aid scheme, as well as the adoption of a set of palliative and compensatory measures to repair the damage on people and goods and the recovery of the affected areas.

The amount of the production losses caused by fires and storms on crops form a situation of natural disaster, in the terms laid down by the Community guidelines on State aid to the agricultural sector.

The objective of this standard is, in consequence, adopting a catalogue of measures affecting various ministerial departments, covering aspects such as aid for personal injury or the reduction of tax burdens, to try to alleviate the impact on citizens and companies affected.

Without prejudice to the powers of the autonomous communities, the extent of the damage and the need to ensure the performance of certain actions of restoration of priority advise the participation of the General Administration of the State in the tasks of restoring forest and environment, under the principle of inter-administrative cooperation.

Concrete measures taken responding to the urgent need to deal with various disasters referred to in this provision, and have, by their content and purpose, a direct connection of sense with those, so it meets the constitutional budget of the extraordinary and urgent need for enabling the Royal Decree-law.

On the other hand, the fact that has not finished assessing the damage in some of the disasters occuring makes it necessary to consider complementing this rule from a budgetary point of view, but it is not an excuse to delay the implementation of more urgent measures that should contribute to recover, to the extent possible , normal in the affected areas.

Virtue, in application of the authorization contained in article 86 of the Constitution, on the proposal of the Vice-President of the Government and Minister of the Presidency, and the Ministers of the Interior, of Defense, of finance and public administration, employment and Social Security, industry, energy and tourism and agriculture, food and environment, after deliberation by the Council of Ministers at its meeting of September 7, 2012 , I have: article 1. Scope of application.

1. the measures laid down in this Royal Decree shall apply to persons and property affected by forest fires that have occurred since the beginning of June until its entry into force in those autonomous communities that have been affected by them.

Similarly, they shall apply measures referred to the consequences of the severe hail storms that have occurred in certain autonomous communities since last May.

2. the municipalities and localities affected to those who specifically be applied the aforementioned measures shall be determined by order of the Minister of the Interior. For this purpose, it may understand also included those of other municipalities or localities in which, for the proper execution of the works required, are essential actions of the competent ministerial departments.

3. the Government, by Royal Decree, may declare, with delimitation of the municipalities and affected population centres, the implementation of the measures foreseen in this Royal Decree-law to other fires and storms of similar characteristics that have that occurred or may occur in any region, since its entry into force until November 1, 2012.

Article 2. Aid for personal injury and damage to homes and belongings to industrial, commercial, agricultural, tourist establishments and other services.

1. the aid provided for in this article extends to cases of death and disability cases directly caused by the accidents referred to in this Royal Decree-Law, and are governed by the provisions of Royal Decree 307/2005, 18 March, by which determine subsidies in response to specific needs arising from situations of emergency or catastrophic nature , and establishes the procedure for granting.

2. the destruction or damage to belongings and housing damage shall also be subject to aid as established in the Royal Decree 307/2005, of 18 March.

3. without prejudice to the provisions of the preceding paragraph regarding the applicability of the Royal Decree 307/2005, on 18 March, in order to prove ownership of the properties affected by the claims shall be admissible in evidence any document that demonstrates that title, such as receipts for payment of the tax on real estate or others of a similar nature.

4. Requests for the granting of this aid will be processed by the delegations or sub-delegations of the Government in the autonomous communities affected; they will be presented within the period of two months from the entry into force of this Royal Decree, and they will be resolved by the Minister of the Interior in the period of three months from the filing of the application.

5. subsidies granted in application of the provisions in this article will be financed with appropriations of the 472, 482, 771 concepts and 782 of the budgetary application 16.01. 134 M "for attention of all kinds caused by accidents, catastrophes or other recognized emergency», endowed with character of scalable in the current budget of the Ministry of the Interior.

Article 3. Rules applicable to the aid to natural or legal persons who have made personal benefits and of goods, and aid to local corporations scheme.

1 aid to natural or legal persons who have made personal benefits and property shall be governed by the provisions of Royal Decree 307/2005, of 18 March.

2. subsidies to local governments for the costs caused to deal with these emergencies are governed by provisions in the Royal Decree 307/2005, 18 March, without the amount provided for in articles 22 and 23 thereof being applicable.

3. applications for the granting of the aid provided for in the two preceding paragraphs shall be submitted within the period of two months from the entry into force of this Royal Decree-law.

4. subsidies granted in application of the provisions in this article are financed from appropriations of the concepts 461, 471, and 761 of the budgetary application 16.01. 134 M "for attention of all kinds caused by accidents, catastrophes or other recognized emergency», endowed with character of scalable in the current budget of the Ministry of the Interior.

Article 4. Grants for damage to municipal infrastructures and road network of the provincial councils and councils.


Projects running local authorities in the municipal areas and population centres referred to in article 1, concerning the works of repair or restoration of infrastructure, equipment and facilities of municipal ownership and of the communities, and the road network of the provincial councils and councils, applies to as urgent procedure and may be granted by the State a grant of up to 50% of its cost.

Article 5. Aid for damage caused in agricultural and livestock productions.

1. the aid provided for in this article shall be intended for the owners of farms and farming which, having in force policies covered by the combined agricultural insurance Plan and being located in the area of application referred to in article 1, suffered a loss of over 30% of its production, in accordance with the criteria of the European Union in this regard.

2 shall help: to) the losses in farming as a result of the damage reported on areas of livestock exploitation, provided that such farms animals are secured in holding insurance lines contained in the plan of insurance.

b) damage reported in agricultural and livestock farms for which on the dates of the accident had not started the period of subscription of the corresponding insurance, or it has not completed and that had not formalized yet the policy for this campaign, provided they had contracted insurance for such production and cultivation in the previous campaign.

(c) damage to agricultural and livestock productions which, having policy in force for such productions covered by insurance combined agricultural system, were not guaranteed by this system.

(d) the damage caused in the agriculture and livestock productions not included in the current plan of insurance combined agricultural.

3. losses on livestock farms as a result of damage to the areas of livestock exploitation shall aid in respect of compensation for extraordinary expenses for feeding animals.

4. subsidies for damages caused on agricultural production shall be calculated taking into account the losses recorded over the average of the productions of the last three campaigns. In the case of woody productions, may take into account, in addition, an assistance equivalent to the cost of replacement of the affected plantations.

5. for the remaining productions, aid shall be determined taking into account, to the extent where applicable, conditions and procedures set out in the agricultural insurance system.

6. the Ministry of agriculture, food and environment, in coordination with the autonomous communities, shall establish the procedure for the determination of all the aid provided for in this article and the maximum of the same amount.

Article 6. Tax benefits.

1 is granted the fee waiver of tax on real estate for the year of 2012 that affect housing, industrial, tourist and commercial establishments, agricultural and forestry, local work and similar holdings damaged as a direct consequence of claims, when certifying that both persons and property located therein had to be rehousing total or partial in other houses or separate locations to the repair of the damage suffered , or the damage to crops constitute claims not covered by any public or private insurance formula.

2. is granted a reduction in the tax on economic activities corresponding to the period from 2012 to the industries of any kind, professional, tourist and commercial establishments whose premises of business or assets pertaining to this activity have been damaged as a direct result of the claims, provided that it had to be object of rehousing or damage that force the temporary closure of the activity. The stated reduction will be proportional to the elapsed time from the day in which the cessation of activity until your restart has occurred under normal conditions, in the same premises, either in other enabled to effect, without prejudice to consider, when the severity of damage give origin to the event of termination of the exercise of that It will take effect from December 31, 2011.

3. the exemptions and reductions of fees in the taxes referred to in the preceding paragraphs shall include those of legally authorized on the same charges.

4. taxpayers which, having right to the benefits established in the preceding paragraphs, have satisfied the receipts for that fiscal year, may request the refund of amounts entered.

5 shall be exempt from the autonomous body Central Headquarters of traffic rates established by law 16/1979, of 2 October, the handling of casualties of vehicles requested as a result of the damage claims, and issuance of duplicates of circulation and driving permits, destroyed or lost by such causes.

6. the decrease in income in local taxes that the previous paragraphs of this article occur in councils, provincial councils and Island Councils and Island Councils shall be recovered through the General State budgets, in accordance with the provisions of article 9 of the revised text of the Act regulating local treasuries, approved by Royal Legislative Decree 2/2004 , March 5.

7. exceptional aid for personal injury referred to in article 2 shall be exempt from physical persons income tax.

Article 7. Tax cuts for agricultural activities.

For farms and agricultural activities in areas that determine the order handed down in development of article 1 of the Royal Decree-Law, and in accordance with the provisions contained in section 4.1. of article 37 of the regulation of the tax on physical persons income, approved by Royal Decree 439/2007 of 30 March , and paragraph 3 of article 38 of the regulation of the tax on the value added, approved by the Royal Decree 1624 / 1992, 29 December, the Ministry of finance and public administration, in view of the reports of the Ministry of agriculture, food and environment, may be authorized, on an exceptional basis, the reduction of net return indices them referred to the order EHA/3257/2011 of 21 November, which are developed for 2012 the method of objective estimate of the tax on the income of physical persons and the simplified special scheme of value added tax.

Article 8. Labour and Social security measures.

1. the records of employment regulation having its direct cause in damage caused by the catastrophic events outlined in paragraphs first and second article 1 of the Royal Decree-Law, as well as the losses of activity directly in the sector of hospitality and lodging that are duly accredited, will be considered in coming from a situation of force majeure with the consequences that derive from articles 47 and 51 of the text revised law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March. In the first case, the General Treasury of the Social Security may exonerate entrepreneur of the payment of Social security contributions and concepts of joint fundraising during the period of suspension, keeping the condition of that period like actually quoted by the worker. In cases in which contract termination occurs, the compensation of workers shall be borne by the wage guarantee fund with the legally established limits.

In the records that is decided by the company the suspension of contracts or temporary reduction of working based on exceptional circumstances, the State public employment service may be authorised by that time they received unemployment benefits, regulated in title III of the revised text of the General Social Security Act approved by Royal Legislative Decree 1/1994 of 20 June, which bring their immediate cause of disasters, not be computed for the purposes of consuming the maximum perception periods. You can also authorize that those workers included in these records which are devoid of the contribution periods required to qualify them receive benefits unemployment.

2. enterprises and self-employed workers, including in any Social security scheme, may request and obtain, prior justification for damages, a moratorium of up to one year without interest in the payment of contributions to Social Security and by joint fundraising concepts corresponding to three consecutive calendar months, counting from the previous production of the accident or in the case of workers included in the special regime of workers self-employed, since that occurred.


3 contributors to Social security are entitled to the benefits established in the preceding paragraphs and have satisfied the contributions for exemptions or the moratorium question may request the refund of entered amounts, including, where applicable, interest, surcharges and corresponding costs. If which was entitled to a refund were indebted to the Social security contributions for other periods, the refund credit will be applied to the payment of outstanding debts with that in the way that legally appropriate.

4. to carry out the works of repair of the damage caused, public administrations and non-profit entities may request the competent employment the secondment of workers recipients of benefits service by unemployment to jobs of social partnership, in accordance with article 213.3 of the consolidated text of the General Social Security Act.

Article 9. Procurement regime.

1 a effects prevented in article 113 of the recast of the Public Sector Contracts Act, approved by Royal Legislative Decree 3/2011, of 14 November, may be regarded as works, services or supplies of emergency, prior the agreement of the contracting authority referred to in paragraph a) of that article the first paragraph contracts for the repair or maintenance of infrastructure, equipment and services, as well as the works of replacement of goods affected by the catastrophe, that is the amount.

2. it is declared urgent occupation of property affected by expropriations derived from the execution of the works referred to in this article, for the purposes set out in article 52 of the law on compulsory expropriation of December 16, 1954.

3. for the processing of records of hiring of works not included in article 126.2 of the text revised of the law of contracts from the Public Sector, it will dispense the prerequisite of availability of land, notwithstanding that its effective occupation must be preceded with the formalisation of the Act of occupation.

Article 10. Cooperation with local authorities.

1 empowers the Minister of finance and public administration to propose the payment of subsidies arising from damage in infrastructure, equipment and facilities of municipal ownership and of the communities, which referred to article 4, in the part that finances the General Administration of the State, once carried out estimations of damages, up to the maximum amount to be determined in the Royal Decrees of development.

2. such grants will be handled with charge to credit that these effects are enabled, with the character of combinable, the budgets of the Department. In accordance with that established in article 50.1. b) of law 47/2003, of 26 November, General budget, the credit that is enabled will be financed from the contingency fund of budget implementation, whose approval will be up to the Council of Ministers.

3. by the same token, it empowers the holder of the Ministry of finance and public administration to establish the procedure for the granting of subsidies mentioned, as well as its monitoring and control, in the framework of the economic cooperation of the State investments of local authorities.

Article 11. Performances of forestry and environmental restoration in the affected regions.

1 authorizes the Minister of agriculture, food and environment to declare area of special performance for the forestry and environmental restoration of the affected areas, and to declare the emergency of the works run by that Department in the following areas: to) forest hydrological restoration, control of erosion and desertification, as well as complementary works, in the forest areas burnt to mitigate the possible effects of further rains.

(b) partnership for recovery and environmental regeneration of the effects produced by the forest fires in the spaces of the Natura 2000 network, in particular in the types of habitats of Community interest, and in habitats where there are species of Community interest, endemic species or species included in the list of wildlife species under special protection procedure.

(c) direct support to the removal and treatment of burned forest biomass, in its case.

(d) collaboration in the treatment for control of pests in forests.

(e) restoration of rural infrastructures of general use, as well as of natural trails and greenways.

2 a the effects of declarations referred to in the preceding paragraph will be necessary that the forest area affected by the incident meets any of the following characteristics: to) that exceed 10,000 hectares.

(b) be greater than 5,000 hectares, of which more than 70% is wooded forest area.

(c) that is greater than 500 hectares which are included in sites of the Natura 2000 network affecting municipalities that contribute at least 50% of its municipal network.

((d) in the island territory, surfaces required above shall be as follows: in the case of paragraph a), 2,500 hectares; in the case of paragraph (b)), 500 hectares; and in the case of paragraph (c)), 250 hectares.

3. the implementation of such actions will be conditioned to the financing of 50% of the cost of the same by the corresponding autonomous community.

Article 12. Consorcio de Compensación de Seguros.

1. the delegate of the Government in the autonomous region affected may request the Consorcio de Compensación de Seguros, for a more correct evaluation of non-personal damage, corresponding assessments necessary in accordance with articles 2 and 3 of this Royal Decree, provided that they do not affect goods of public ownership.

2. the Consorcio de Compensación de Seguros is entitled to the payment by the General Administration of the State of work of expert opinion in accordance with the scale of fees that the Consortium had approved for their expert appraisers for insurance.

3. in order to facilitate the processing of aid and the valuation of the damage, the competent administration and the Consorcio de Compensación de Seguros may transmit data on beneficiaries of subsidies and compensations that grant, their respective amounts and the affected goods. The insurance companies operating in the Spanish territory shall be obliged to supply to the Consorcio de Compensación de Seguros information it requested them to comply with the provisions above.

First additional provision. Aid limits.

The value of the aid granted in implementation of this Royal Decree-Law, regarding damage, shall not exceed in any case the difference between the value of the damage and the amount of other aid or declared compatible or complementary compensation which, by the same concepts could be granted by other public administrations, or correspond under the existence of insurance policies.

Second additional provision. Budget appropriations.

The repair of damage to the State-owned assets, as well as the compensation to be awarded for damages in agricultural and livestock productions, is financed from the budgets of the respective ministerial departments; (for these purposes, there will be credit transfers that are necessary, without that resulting from application of the limitations contained in article 52.1. to) the Law 47/2003, of 26 November, on the realization of credit transfers from current operations capital operations.

Third additional provision. Financing of actions of forest and environmental restoration in the affected regions.

The forestry and environmental restoration work to which becomes reference in article 11 of the present Royal Decree-Law will be funded from the contingency fund of budget implementation, to credit, enabling the Ministry of finance and public administration or by appropriation in the General State budget, as stated in the Royal Decree that develop it and complement.

Fourth additional provision. Performances of the Ministry of defence and the Ministry of the Interior.

To meet the costs to the Ministry of Defense and those incurred by the Ministry of the Interior by the fire that occurred in the autonomous communities referred to in article 1 of the Royal Decree-Law, the Government, on the proposal of the Minister of finance and public administration, it will enable the corresponding appropriations in the budgets of those ministries , in accordance with the provisions of articles 50 and 55 of the Law 47/2003, of 26 November, up to the maximum amount to be determined in the Royal Decrees of development.

Fifth additional provision. Advances of aid linked to certain loans for the improvement and modernization of agricultural structures.

In the municipalities affected in accordance with article 1, on a preferential basis, may be the advance payment of the total amount of aid of deduction of annual instalments of repayment of the principal of the loans under a Royal Decree 613/2001, of 8 June, for the improvement and modernization of production structures of agricultural holdings, of those records are available at the corresponding final certification of compliance with commitments and realization of investments.


Sixth additional provision. Agreements with other public administrations.

The General Administration of the State may conclude cooperation agreements that require the application of the Royal Decree-law with the competent bodies of the autonomous communities and local corporations affected.

For the purposes of the issuance of the prescriptive and binding report referred to in the thirty additional provision of law 2/2012, June 29, from the State budget for the year 2012, be taken especially into account the circumstances justifying the adoption of the measures covered in this Royal Decree-law.

Seventh additional provision. Regime of the agricultural cooperatives located in the affected areas.

Agricultural cooperatives which have their fiscal domicile in the territorial areas to which this Royal Decree-law may apply, and whose activity has been directly affected by damage caused by natural catastrophes, may exceed the limits laid down in the fourth paragraph of article 93 of the law 27/1999 of 16 July, cooperatives, and in paragraph 10 of article 13 of law 20/1990 19 December, over taxation of cooperatives, with respect to the operations carried out by non-member third. To do this, they must apply for authorisations established, respectively, in paragraph 2 of article 4 of the Act 27/1999, 16 July, and in article 14 of law 20/1990 of 19 December.

The eighth additional provision. Inter-Ministerial Committee on follow-up to the measures of support to victims.

1. is created an inter-ministerial Commission for the implementation of support measures provided for in this Royal Decree-Law, coordinated by the General Directorate of Civil Defence and emergencies, and composed of representatives of the ministries of Defense, of finance and public administration, of the Interior, employment and Social Security, industry, energy and tourism, agriculture, food and environment and the Presidency as well as by the delegates of the Government in the affected regions and by a representative of the Consorcio de Compensación de Seguros.

2. the monitoring of the support measures provided for in this Royal Decree-Law will be held by the Commission referred to in the preceding paragraph, in coordination with the authorities of the autonomous communities, through the respective Government delegations.

3. by 31 July of the year 2013, the Inter-Ministerial Committee shall draw up a report on the actions undertaken in implementation of this Royal Decree.

First final provision. Skill-related title.

This Royal Decree-Law dictates the amparo rules provisions 7th, 13th, 14th, 17th, 23.ª and 29th in the first paragraph of article 149 of the Constitution, without prejudice to additional protective measures which they have adopted or may adopt the autonomous communities affected.

Second final provision. Schools of development.

The Government and various holders of the ministerial departments, in the scope of their powers, will dictate the necessary provisions and will establish deadlines for the implementation of the provisions of this Royal Decree-law.

Third final provision. Entry into force.

This Royal Decree shall enter into force the day of its publication in the «Official Gazette».

Given in Madrid, on September 7, 2012.

JUAN CARLOS R.

The Prime Minister, MARIANO RAJOY BREY

Related Laws