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Law 3/2010, Of 10 March, By Which Approve Urgent Measures To Alleviate The Damage Caused By Forest Fires And Other Natural Disasters In Several Autonomous Communities.

Original Language Title: Ley 3/2010, de 10 de marzo, por la que se aprueban medidas urgentes para paliar los daños producidos por los incendios forestales y otras catástrofes naturales ocurridos en varias Comunidades Autónomas.

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TEXT

JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

EXPLANATORY STATEMENT

The favorable evolution that the reduction of forest fires in the last two years has seen for our country has been halted since the end of June. From that moment on, and to date, an important number of such claims have been produced, some of them of special virulence. The fires have cost eleven human lives, nine of which correspond to personnel dedicated to the extinction of forest fires, and have affected more than 76,000 hectares of different Autonomous Communities. The fires, in some cases, have affected the safety of people and their property, as they have occurred in areas close to urban centers and housing in the rural area, which, at times, have forced their eviction. In other cases, they have come to affect important avenues of communication.

Storms also accompanied by strong winds and hail have severely hit various territories of our geography, destroying crops and crops, causing damage of all kinds in infrastructure of ownership. public and private property, both in housing and in agricultural and livestock holdings.

The fires have been declared throughout the territory, but have had a special impact on some Autonomous Communities: in Catalonia, mainly in Tarragona; in Andalusia, especially in Almeria and Granada; in Aragon, particularly in Zaragoza and Teruel; in the Community of Madrid; in Castilla-La Mancha, in particular those of Cuenca and Guadalajara; in Castilla y León, in Ávila; in Extremadura, in Cáceres; in the Valencian Community, in Castellón; and in the Canary Islands, in La Palma and Tenerife.

For their part, the storms have had a special impact on Lleida and Huesca, although also in some areas of the Region of Murcia, of the Autonomous Community of Castilla-La Mancha, Comunidad Valenciana and Canarias.

It should be noted in the management of these emergencies the effort of all the administrations involved and their exemplary collaboration, as well as the participation of the State Security Forces and Corps, air and ground media of the Ministry of the Environment, and the Rural and Marine Environment and the Military Emergency Unit. All of them, together with the authorities, firefighters, regional and local police, volunteers, and with the resources of the autonomous and local administrations, have contributed to the fact that the consequences of these disasters have not been greater. In this sense, the delivery, sacrifice and professionalism of those who have left their lives in the work of extinguishing the fires must be recognized.

The magnitude of these events, and its consequences, obliges the public authorities to adopt extraordinary measures, in the framework of the constitutional principle of solidarity and for the application of equality and equal treatment, in relationship to previous situations.

This rule provides for a specific aid scheme, as well as the adoption of a set of compensatory and compensatory measures aimed at repairing the damage caused to persons and property and to the recovery of the affected areas.

On the other hand, the production losses caused by the fires and the storms in the crops make up, due to the magnitude of the damage caused, a natural disaster situation, in the terms established by the Community guidelines on State aid to the agricultural sector.

The aim of this rule is, as a result, to approve a catalogue of measures affecting various ministerial departments and covering very different aspects, from which they are aimed at reducing tax burdens to the which provide for the granting of privileged loans to try to alleviate the impact on the businesses and citizens concerned.

Article 1. Scope of application.

1. The measures provided for in this Law shall apply to persons and property affected by the fires which occurred during the last days of June, during the month of July and the first days of August 2009 in those Communities which have experienced forest fires.

2. Similarly, these measures will apply to the consequences of the meteorological situation of severe storms that occurred in September in the Valencian Community, in the first days of August in the provinces of Lleida and Huesca, as well as in some points of the Region of Murcia and Castilla-La Mancha, as the stone storms in the provinces of Barcelona, Girona and Lleida during the months of April, June and July 2009 and the intense storms in the Islands The Canary Islands in mid-November.

3. The municipal and population centres affected to which the measures referred to in particular apply shall be determined by the Order of the Minister of the Interior. To this end, it will be possible to understand also included those other municipal terms or population centers in which, for the correct execution of the necessary works, the actions of the ministerial departments are essential competent.

4. The Government, by means of Royal Decree, may declare, with the delimitation of the municipalities and population centres concerned, the application of the measures provided for in this Law to other fires and storms of similar characteristics which have occurred or may occur in any Community or Autonomous City from 1 March 2009 until the entry into force of this Law.

Article 2. Aid for personal injury, for property damage and for industrial, commercial, agricultural, tourism and other services.

1. The aid provided for in this Article extends to the cases of death and the alleged incapacity caused directly by the claims referred to in this Law and are governed by the provisions of Royal Decree 307/2005 of 18 March 2005. amended by Royal Decree 477/2007 of 13 April 2007 determining grants in respect of certain needs arising from emergency or catastrophic situations, and establishing the procedure for their concession.

2. Without prejudice to the provisions of the previous paragraph, as regards the applicability of Royal Decree 307/2005 of 18 March 2005, in order to prove ownership of the buildings affected by the claims, it will be accepted as a means of proof. any document proving such a title, such as the receipts for payment of the Property Tax or other similar nature.

3. The loss of goods will also be the subject of aid as set out in Royal Decree 307/2005 of 18 March 2005 determining subsidies for certain needs arising from emergency or emergency situations. catastrophic nature, and the procedure for granting it is established.

4. Applications for the granting of such aid, the time limit for which is two months, shall be dealt with by the delegations of the Government or the sub-delegations of the Government of the Autonomous Communities concerned, and shall be resolved by the Minister. within three months, counted from the filing of the application.

The deadline for the submission of the application will be from the entry into force of Royal Decree-Law 12/2009 of 13 August, approving urgent measures to alleviate the damage caused by the forest fires and other natural disasters occurring in several Autonomous Communities, with regard to fires and severe storms falling within their scope.

In the case of damage caused by fires or natural disasters not falling within the scope of the said Royal Decree-Law 12/2009 of 13 August 2009, but in the field of application of this Law, the period of the submission of the application for such aid shall begin to be counted from the entry into force of the aid.

Article 3. Scheme applicable to aid to natural or legal persons who have made personal and property benefits; and scheme of aid to Local Corporations.

1. The aid to natural or legal persons who have carried out personal and property benefits will be governed by the provisions of Royal Decree 307/2005 of 18 March 2005 determining the grant of aid for certain types of services. needs arising from emergency or catastrophic situations, and the procedure for granting them is established.

2. The aid to Local Corporations for the costs incurred in dealing with these emergency situations will be governed by the provisions of Royal Decree 307/2005 of 18 March 2005 determining the grant of aid to certain Member States. needs arising from emergency or catastrophic situations, and the procedure for granting them is laid down, without the limitation of the amount provided for in Articles 22 and 23 being applicable.

3. Applications for the granting of the aid set out in this Article shall be submitted within two months from the entry into force of Royal Decree-Law 12/2009 of 13 August in respect of fires and heavy fires. storms included in their scope.

In the case of damage caused by fires or natural disasters not included in the scope of the said Royal Decree-Law 12/2009 of 13 August 2009, but in the field of application of this Law, the period of Submission of the application for such aid shall begin to be counted from the entry into force of the aid.

4. Aid to be granted pursuant to this Article and those granted pursuant to Article 2 shall be financed from the appropriations of the application of the application of the application of the provisions of the application of the provisions of this Article. Budget 16.01.134M "For the purposes of any order motivated by claims, catastrophes or other of recognized urgency", endowed with an extensible character, in the current budget of the Ministry of the Interior.

Article 4. Exceptional housing aid: for rental housing if the total destruction has occurred, as well as for the repair, rehabilitation and reconstruction of the dwellings.

1. They shall be beneficiaries of the exceptional housing aid covered by the second paragraph of this Article:

(a) The owners, the users, tenants with contract submitted for forced extension, provided that the destroyed or damaged dwelling has the condition of permanent and habitual residence at the time of the accident and be located in some of the municipal terms falling within the scope of Article 1 of this Law.

b) The Communities of Owners for damage to common elements.

2. The exceptional aid will be granted from the non-territorialized reserve set out in Article 20.3 of Royal Decree 2066/2008 of 12 December 2008, which regulates the State Plan for Housing and Rehabilitation 2009-2012.

(a) Housing aid shall be granted in the following cases and amounts:

1. If, as a result of the disaster, the total destruction of the dwelling had occurred, or due to its residual bad state, it would have been necessary to demolish it, the people who will occupy the house as habitual residence may be granted access to aid to facilitate the payment of the rent of a dwelling on a rental basis, of similar characteristics to the home of the affected house, for a maximum period of 24 months, which may be extended, if appropriate, until the reconstruction of the house or the provision of a new one, and other formulas of rehousing alternatives where necessary.

2. In the event that the rehabilitation or repair of the dwelling requires its eviction, the persons who will occupy the house as habitual residence will also be able to access the aid to facilitate the payment of the rent of a housing on a rental basis, with characteristics similar to the housing accident, for a maximum period of 12 months, renewable, where appropriate, until the provision of the dwelling is possible.

3. The typologies of the aids and the collectives that will be able to access them are:

The owners who will occupy the house destroyed as their habitual residence will be able to access the rent payment for the rental housing during the stipulated period.

Users, tenants or holders of any other right of use or enjoyment with a contract in force who will occupy the house destroyed as habitual residence, will be able to access support consisting in the payment of the the difference between the income of the former and the new dwelling, of characteristics similar to the housing accident.

4. º The maximum amount that can be reached by this aid will not exceed the amount of 74.13 euros/m2/rent year, per dwelling, and up to a maximum of 6,671,7 euros/year.

(b) Aid for the repair, rehabilitation and reconstruction of dwellings shall be granted in the following cases and amounts:

1. In the cases where, as a result of the disaster, the total destruction of the house, its owners, would have occurred, may be beneficiaries of an economic aid for its repair, rehabilitation and reconstruction, the amount of which will be determined, at its maximum, by 50% of the value of the damage produced according to the expert assessment carried out or ratified by the competent authority of the Autonomous Community, without in any case the amount of such aid may be more than 40% of the selling price of a house qualified for official protection Special regime, located in the same locality as the destroyed house. For the purposes of calculating the sale price, a useful surface of the protected housing of 90 square meters, without storage or garage, shall be assumed.

2. º If the dwelling had not been destroyed, but damaged, the maximum amount of the economic aid for its rehabilitation or repair, under the same assumptions and the same limits as the previous paragraph, will be 12,000 euro.

3. The beneficiaries of these planned aid for the reconstruction, rehabilitation or repair of a damaged dwelling:

The owners, in proportion to their share of ownership of the property of the affected housing.

The owners ' communities, for damage to common elements, in which case the recipient of the aid will be the legal representative of the community of owners.

3. Individuals applying for the aid provided for in the preceding number shall, by any means eligible for entitlement, prove that they meet the following requirements:

(a) The affected house should be occupied as a habitual residence at the time of the fire and be located in one of the municipal terms falling within the scope of Article 1 of this Law.

(b) Justify, where appropriate, the amount of the expenses incurred by the lease which has been necessary as a result of the uninhabitability of the destroyed or damaged dwelling.

c) Reunite the status of owner, user, tenant, or holder of any other right of use and enjoyment in the terms that are determined in this article.

(d) Credit scarcity of economic resources to address the expenditure covered by the aid provided for in this Article, in accordance with the requirements to be laid down in regulation.

4. The aid referred to in this Article shall be of an extraordinary nature and shall be governed by the provisions of this Law and in the ministerial order for which it is developed.

Article 5. Grants for damage to municipal infrastructure and road network of the Provincial Diputations and Island Cabildos.

To projects implemented by local authorities in the municipal and population centres referred to in the previous article, relating to the repair or restoration of infrastructure, Equipment and facilities and services of municipal and community ownership, as well as the distribution networks and water reservoirs of the Island Water Councils, and the road network of the Provincial Diputations and Cabildos (a) to be applied to the emergency procedure, which may be granted by the State for a grant of up to 50 percent of its cost.

Article 6. Compensation for damage to agricultural and livestock production.

1. The allowances provided for in this Article shall be made to the holders of agricultural holdings or livestock holdings which, having policies in force covered by the corresponding Agricultural Insurance Scheme combined and are located in the field the geographical area referred to in Article 1 has suffered losses exceeding 30% of its production, in accordance with the criteria laid down by the European Union in this respect.

2. They shall be subject to compensation:

(a) In livestock holdings, losses resulting from damage recorded on areas of livestock use, provided that the animals on these holdings are insured in any of the the insurance lines contained in that plan.

(b) The damage recorded in agricultural and livestock production for which the period of employment of the insurance concerned has not been started shall also be the subject of compensation; provided that the insurance was contracted in the previous marketing year.

(c) For the remaining agricultural and livestock production, which at the time of the damage to the policy in force covered by the combined agricultural insurance system, the damage which would not be incurred shall be compensated. guaranteed by such a system.

(d) Finally, compensation shall be paid for damage caused by claims in agricultural and livestock production not covered by the current combined agricultural insurance scheme.

e) Also, the costs of replenishing irrigation facilities, guardians and antipedriscus meshes damaged by the storms will be considered and valued.

3. The losses recorded in livestock farms, as a result of damage to livestock farming areas, will be compensated by compensation in respect of extraordinary expenses for the feeding of livestock. animals.

For the determination of the compensation in agricultural production, the recorded losses on the production expected in the campaign will be valued. In the case of woody agricultural production, account shall also be taken of compensation equivalent to the cost of replenishing the plantations concerned and the possible impact that may arise from the harvest of the next marketing years.

For other productions, the compensation to be paid shall be determined taking into account, as far as they are applicable, the conditions and procedures laid down in the agricultural insurance system.

The Ministry of the Environment, and the Rural and Marine Environment, in coordination with the Autonomous Communities, will establish the procedure for the determination of all the compensation provided for in this point and the maximum amount of the same.

Article 6a.

Aid will be established to cover the fixed costs of agricultural cooperatives affected by the decrease in deliveries of agricultural production from their partners.

Article 7. Tax benefits.

1. The exemption from the taxes on immovable property in respect of the financial year 2009 affecting housing, industrial, tourist and commercial establishments, agricultural and forestry holdings, local labour market and similar, damaged as a direct consequence of the claims, when it is established that both the persons and the goods in them have had to be rehomed in whole or in part in other different dwellings or premises until the repair of damage suffered, or damage to crops which are non-covered claims by no public or private assurance formula.

2. A reduction in the Tax on Economic Activities for the financial year 2009 is granted to industries of any nature, commercial, tourist and professional establishments whose premises of business or property affections to that the activity has been damaged as a direct result of the claims, provided that they have had to be rehoused or there has been damage that would cause the temporary closure of the activity. The indicated reduction shall be proportional to the time elapsed from the day on which the cessation of the activity has occurred until its restart under normal conditions, either on the same premises, or on other premises, without (a) to consider, where the seriousness of the damage produced from origin to that effect, the assumption of the cessation of the damage incurred in the exercise of that effect, which shall take effect from 31 December 2008.

3. The exemptions and reductions in quotas in the taxes referred to in the preceding paragraphs shall include those of surcharges legally authorised thereon.

4. Taxpayers who, having the right to the benefits provided for in the preceding paragraphs, have satisfied the receipts for that tax year, may request the refund of the amounts entered.

5. They shall be exempt from the fees of the Autonomous Body Head of Traffic established by Law 16/1979 of 2 October, the processing of the vehicle casualties requested as a result of the damage caused by the claims, and the issuing of duplicate movement or driving licences destroyed or lost to such causes.

6. The decrease in income in local taxes that the previous paragraphs of this article will produce in the Councils, Provincial Diputations and Island Cabildos will be compensated by the General Budget of the State, according to the with the provisions of Article 9 of the recast text of the Local Law Regulatory Law, approved by the Royal Legislative Decree of 5 March.

7. Exceptional personal injury aid referred to in Article 2 shall be exempt from the Income Tax of the Physical Persons.

Article 8. Special tax reductions for agricultural activities.

For holdings and agricultural activities carried out in areas determined by the Order in accordance with Article 1 of this Law, and in accordance with the provisions of Article 37 (4.1). Regulation of the Income Tax of the Physical Persons, approved by Royal Decree 439/2007 of 30 March, and Article 38 (3) of the Value Added Tax Regulation, approved by Royal Decree 1624/1992, of 29 September 1992, December, the Ministry of Economy and Finance, in the light of the reports of the Ministry of the Environment, and Rural and Marine Environment may, by way of exception, authorise the reduction of the net yield rates referred to in Order EHA3413/2008 of 26 November 2009, for which the estimation method is developed for the year 2009. objective of the Income Tax of the Physical Persons and the simplified special regime of the Tax on the Value Added. In addition, for holdings and agricultural activities carried out in the areas previously identified, exceptionally, for the financial year 2009, the percentage of expenditure of difficult justification applicable to net income from Such crops in the IRPF's Simplified Direct Estimate shall be 10% and shall be allowed, in the financial year 2009, whatever the method of determining the performance, the freedom of amortisation for the affected elements of the fixed assets. material referred to in Article 2 of this Law.

The holders of agricultural holdings which in 2009 receive insurance or aid allowances provided for in this Law and at least two thirds of the income derived from the crops produced in 2008, for to correct the progressiveness of the Tax on the Income of the Physical Persons in 2009, they may choose to apply, with character prior to the taking into consideration of the minimum personal and family, the general and autonomic scales in a separate way to the of the general liquidable basis corresponding to the aid and the compensation and the remainder of the base.

The above paragraph shall also apply to the 2010 tax period when the insurance or aid allowances referred to in this Law and at least two of them are received in that financial year. third parties to the income derived from crops made in 2010.

Article 9. Labour and Social Security Measures.

1. The employment adjustment files which have their direct cause in the damage caused by the catastrophic events referred to in Article 1 (1) and (2) of this Law and in the loss of activity directly In the case of the hotel and lodging of the same in the hotel and lodging sector which are duly accredited, they shall be considered to be of a force majeure situation, with the consequences arising from Articles 47 and 51 of the text recast of the Law of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995, of 24 of March. In the first case, the General Treasury of Social Security may exonerate the employer from the payment of the Social Security contributions and by concepts of joint collection for the duration of the suspension period, maintaining the condition of that period as effectively listed by the worker. In the event of termination of the contract, workers ' compensation shall be borne by the Salarial Guarantee Fund, subject to the legally established limits.

In cases where the suspension of contracts or the temporary reduction of the working day on the basis of exceptional circumstances is resolved, the labour authority may authorise the time when the contract is suspended. In the case of unemployment benefits, as provided for in Title III of the recast text of the General Law on Social Security, adopted by Royal Decree-Law 1/1994 of 20 June, which will bring about its immediate cause of disasters, compute for the purposes of consuming the established maximum periods of perception. It may also authorise unemployment benefits to be granted to workers included in those files which do not have the necessary periods of contribution to be entitled to them.

2. Undertakings and self-employed persons, who are included in any social security scheme, may, on the basis of the damage suffered, request and obtain a moratorium of up to one year without interest in the payment of contributions to the Social security and collection concepts corresponding to three consecutive calendar months, from the previous one to the production of the disaster or, in the case of workers included in the Special Workers ' Regime by Account Own or Autonomy, from the month in which it occurred.

3. Social security contributions which are entitled to the benefits provided for in the preceding paragraphs and have satisfied the quotas corresponding to the exemptions or the moratorium in question may ask for the refund of the amounts entered, including, where appropriate, interest on late payment, surcharges and costs incurred. If the person who is entitled to the refund is liable to the Social Security for other periods, the credit for the refund shall be applied to the payment of outstanding debts with that in the form that is legally applicable.

4. In order to carry out the repair of damage caused, public administrations and non-profit-making bodies may apply to the competent public employment service for the posting of workers who are recipients of the benefits. unemployment for social collaboration work, in accordance with the provisions of article 213.3 of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June.

Article 10. Recruitment scheme.

1. For the purposes set out in Article 97 of Law 30/2007 of 30 October of Public Sector Contracts, they may have the consideration of works, services or emergency supplies, subject to the corresponding agreement of the contracting authority. provided for in paragraph 1 (a) of that Article, contracts for the repair or maintenance of infrastructure, equipment or services, as well as works for the replacement of goods damaged by the disaster, whichever is the same.

2. The occupation of the goods affected by the expropriations resulting from the construction of the works referred to in this article, for the purposes set out in Article 52 of the Law on Compulsory Expropriation, of 16 December, is declared urgent. of 1954.

3. For the processing of works contracts not included in Article 110.2 of Law 30/2007 of 30 October, of Public Sector Contracts, it shall be exempt from the prior requirement for the availability of the land, without prejudice to the fact that its effective occupation must be preceded by the formalisation of the occupation act.

Article 11. Preferential lines of credit.

The Institute of Official Credit (ICO), as a state financial agency, is instructed to implement a loan line of 25 million euros, which can be extended by the Ministry of Economy and Finance in the light of the damage and demand assessment, using the mediation of the financial institutions with implementation in the autonomous communities concerned, with which the appropriate agreements will be signed. collaboration.

These loan lines, which will be used to finance the repair or replacement of industrial and commercial installations and equipment, agricultural, forestry, livestock and irrigation, automobiles, motorcycles and mopeds (a) special use, commercial vehicles, agricultural machinery and work premises of professionals who have been damaged as a result of the claims, as well as the loss of economic capacity of agricultural cooperative entities such as result of the decrease in production input, will be materialized in operations of loans granted by those financial institutions, the characteristics of which shall be:

(a) Maximum amount: the damage assessed by the Delegation of the respective Government or, where appropriate, by the Insurance Compensation Consortium, discounted, where appropriate, the amount of the credit that they have been able to subscribe to preferential credit lines established at the initiative of the respective Autonomous Community.

b) Deadline: five years, with one of absence, if any.

c) Interest: the type of transfer by the ICO to financial institutions will be 1.50 %TAE, with a maximum intermediation margin for these of 0.50%. As a result, the maximum final rate for the borrower will be two percent SAD.

d) Processing: applications will be submitted to the financial institution, which will decide on the granting of the loan, and will be responsible for the risk of the transaction.

e) Line Vigency: the deadline for the provision of funds will end on December 31, 2009.

The instrumentation of the line of loans referred to in this article shall be carried out by the ICO, in the performance of the functions referred to in the additional provision of the Royal Decree-Law 12/1995, of 28 January 1995. In December, on urgent measures in budgetary, tax and financial matters, and, in its virtue, the bankruptcy which for the ICO would entail the differential between the market cost of obtaining the resources and the above mentioned rate of 1.50% will be covered by the General Budget of the State.

Article 12. Cooperation with local authorities.

The Minister of Territorial Policy is empowered to propose the payment of subsidies derived from damages in infrastructure and municipal facilities and road network of provincial deputies and island councils, in the part to be financed by the General Administration of the State, up to the maximum amount to be determined in the Royal Development Decrees, once the damage assessments have been carried out.

Such grants will be paid to the credit that will be enabled for these purposes, with the character of embeddable, in the budgets of that department. In accordance with Article 50 (1) (b) of Law 47/2003 of 26 November 2003, General Budget, the credit to be provided shall be financed from the contingency fund, the authorisation of which shall be the responsibility of the Council of Ministers. Proposal from the Minister for Economic Affairs and Finance.

Similarly, the holder of the Ministry of Territorial Policy is empowered to establish the procedure for the granting of these grants, as well as their monitoring and control, in the framework of economic cooperation. the State to the investments of the local entities.

Article 13. Actions for forest and environmental restoration in the Autonomous Communities concerned.

1. The Minister for the Environment, and the Rural and Marine Environment, is empowered to declare a special area for the restoration of forest and environmental protection in the affected areas and to declare the emergency of the works to be carried out by the Ministry of Environment. Department, in the following subjects:

a) Forest hydrological restoration, erosion and desertification control, as well as complementary work, in the forest spaces set on fire to mitigate the possible effects of further rainfall.

b) Collaboration for the recovery and environmental regeneration of forest fire effects in Natura 2000 sites, in particular in the habitat types of Community interest and in habitats where there are species of Community interest, endemisms or species included in the List of Wild Species in Special Protection Regime.

c) Direct support for the removal and treatment of burnt forest biomass, if any.

d) Collaboration in the treatment of pest control in the forest masses.

e) Restoration of rural infrastructure for general use, as well as natural roads and green roads.

2. For the purposes of the declarations referred to in the preceding paragraph, it shall be necessary for the forest area affected by the disaster to meet any of the following:

a) That is greater than 5,000 hectares.

b) That is greater than 1,000 hectares, of which more than 70 percent is of tree-lined forest area.

(c) exceeding 500 hectares that are included in Natura 2000 sites and affecting municipalities that contribute at least 50 percent of their municipal term to that Network.

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

3. All or part of these actions may be the subject of a Convention with the Autonomous Communities concerned.

4. The power referred to in paragraph 1 shall be understood in accordance with the provisions of Article 8. of the Law of Montes of 21 November 2003.

Article 14. Insurance Compensation Consortium.

1. The respective Government Delegate in the affected Autonomous Community may request the Insurance Compensation Consortium, for a more correct assessment of the non-personal damages, the corresponding necessary valuations according to the Articles 2 and 3 of this Law, provided that they do not affect public property.

2. The Insurance Compensation Consortium shall be entitled to the payment by the General Administration of the State of the work of assessment in accordance with the scale of professional fees which the Consortium has approved for its expert experts. insurance.

3. In order to facilitate the processing of aid and the assessment of damage, the competent authority and the Insurance Compensation Consortium may transmit the data on beneficiaries of the aid and compensation granted to them, their amounts and the goods concerned.

4. The Ministry of the Environment, and the Rural and Marine Environment and the Insurance Compensation Consortium will jointly consider the possibility of establishing a system of compensation for losses caused by forest fires in the facilities and means of production for agricultural holdings. Such a system would be complementary to the coverage offered by the insurance companies.

Additional disposition first. Limits of the aid.

The value of the aid granted under this Law, as far as material damage is concerned, may in no way exceed the difference between the value of the damage produced and the amount of other aid or compensation declared compatible or complementary, which, by the same concepts, could be granted by other public administrations, or were in accordance with the existence of insurance policies.

Additional provision second. Budget appropriations.

The repair of damage to state property, as well as compensation for damages in agricultural and livestock production, will be financed from the budgets of the respective departments. (a) to the extent to which, in the light of the present situation, the Commission has been able to take the necessary steps to ensure that the Commission is able to take the necessary steps to ensure that the carrying out credit transfers from capital transactions to transactions streams.

Additional provision third. Actions taken from appropriations financed from the Budgetary Implementation Contingency Fund.

The aid referred to in Articles 3.4 and 5 shall be financed from the budgetary implementation contingency fund, the grants provided for in Article 12 and the Conventions with the Autonomous Communities concerned. which are provided for in the second paragraph of Article 13 of this Law.

Additional provision fourth. Actions at the Ministry of Defence and the Ministry of the Interior.

To pay attention to the expenses incurred by the Military Emergency Unit for the extinction of fires in the Autonomous Communities referred to in Article 1 of this Law, the Government, on a proposal from the Minister of State Economy and Finance, will enable the necessary appropriations in the budget of the Ministry of Defense, in accordance with the provisions of Articles 50 and 55 of Law 47/2003, of November 26, General Budget.

In order to meet the expenses incurred by the Interior Ministry in the fire extinguishing work, the government, on a proposal from the Minister of Economy and Finance, will enable the necessary credits in the budget of the Ministry of the Interior, in accordance with Articles 50 and 55 of Law 47/2003 of 26 November, General Budget.

Additional provision fifth. Actions in the Ministry of Environment, and Rural and Marine Environment.

To facilitate the release of media from the Ministry of the Environment, and the Rural and Marine Environment, from the Peninsula to the Canary Islands, the extension of the existing Partnership Protocol between the Ministry of Defense and the Ministry of the Environment, and the Rural and Marine Environment.

The Ministry of the Environment, and the Rural and Marine Environment will work for the improvement of the office of extraordinary means of this Department from the Peninsula to the Canary Islands, putting in place the mechanisms of collaboration necessary with the Ministries concerned.

Additional provision sixth. Advances in aid linked to certain loans for the improvement and modernisation of agricultural structures.

In the municipal terms affected in accordance with Article 1, the total amount of the total amount of the payment of the repayment of the principal of the principal of the funds may be paid in advance. loans granted to Royal Decree 613/2001 of 8 June for the Improvement and Modernisation of the Production Structures of Agricultural Holdings, of those dossiers for which the corresponding final certification of the compliance with commitments and implementation of investments.

Additional provision seventh. Agreements with other public administrations.

The General Administration of the State may conclude collaboration agreements requiring the application of this Law with the competent bodies of the Autonomous Communities and the Local Corporations concerned.

Additional disposition octave. Arrangements for agricultural cooperatives located in the affected areas.

Agricultural cooperatives that have their tax domicile in the territorial areas, to which this Law applies, and whose activity has been directly affected by the damage caused by the disasters, will have the the following scheme for transactions carried out by non-member third parties, within the year 2009, whichever is the beginning of the tax periods which supplement that period:

(a) The maximum limit referred to in Article 93 (4) of Law 27/1999 of 16 July of Cooperatives shall not apply.

(b) The ceiling referred to in Article 13 (10) of Law 20/1990 of 19 December 1990 on the Tax Regime of Cooperatives shall not apply, without determining the loss of the cooperative condition. especially protected, without prejudice to the determination of these operations to determine extra cooperative returns.

(c) Such limits shall be applicable for cooperative operations with non-partners made during the remainder of the tax period, which, where appropriate, is not included in the year 2009.

Additional provision ninth. Inter-Ministerial Commission to follow up on measures to support survivors.

1. An inter-ministerial Commission is hereby established for the implementation of the support measures provided for in this Law, coordinated by the Directorate-General for Civil and Emergency Protection, and made up of representatives of the Ministries of the Presidency, Economy and Finance, Defense, Interior, Development, Labor and Immigration, Industry, Tourism and Commerce, Environment, and Rural and Marine Environment, Territorial and Housing Policy, as well as the Government Delegate in the Autonomous Communities concerned, by a representative of the Official Credit Institute and by a representative of the Insurance Compensation Consortium.

2. The monitoring of the support measures provided for in this Law shall be carried out by the Commission referred to in the previous paragraph, in coordination with the authorities of the Autonomous Communities, through the respective delegations of the Government.

3. Before 31 July 2010, the Inter-Ministerial Commission shall draw up a report on the actions carried out in implementation of this Law.

Additional provision 10th. Responsible Statement.

In accordance with the provisions of Article 71a of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and of the Common Administrative Procedure, the presentation by the applicants of the such aid, a responsible statement.

Final disposition first. Competence title.

This Act is dictated by the provisions of Articles 149.1.7., 149.1.17., 149.1.23. and 149.1.29. of the Constitution, without prejudice to any additional measures and measures of greater protection which may be adopted or may be adopted by the Affected Autonomous Communities.

Final disposition second. Powers of development.

The Government and the various ministers of the ministerial departments, within the scope of their powers, will dictate the necessary provisions and set the deadlines for the implementation of the provisions of this Law.

Final disposition third. Amendment of Law 87/1978 of 28 December of combined agricultural insurance.

A new paragraph is incorporated into point 1 of Article 3. A new paragraph with the following wording " The consequences of such phenomena on installations and productive elements established on the affected parcel may also be considered. the disaster and that they are necessary for the development of the insured production ".

Final disposition fourth. Entry into force.

This Law shall enter into force on the day of its publication in the Official Gazette of the State.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Law.

Madrid, 10 March 2010.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO