Royal Decree-Law 5/2007 of 22 June, adopting urgent measures to repair the damage caused by the floods caused by the storms of rain, hail and wind that have affected in the second half of the year In May 2007, a number of autonomous communities established in Article 1 that these measures would apply to the Communities of Castilla-La Mancha, Castilla y León, Extremadura, Madrid and the province of Jaen. They will also apply to the Autonomous Community of the Region of Murcia, which is affected by strong winds in March. Article 4 provides for compensation for damage caused by the climatic adversities covered by the said Royal Decree-Law in agricultural and livestock holdings which, having policies in force covered by the Plan of Agricultural insurance, which have suffered losses in respect of their production not covered by the combined agricultural insurance lines. They may also be entitled to compensation for damage to the production of the products which, on the date of occurrence of the accident, would not have ended the corresponding subscription period, provided that the farmer had contracted the insurance corresponding to those productions in the preceding financial year. Compensation may also be paid for damage caused to production not covered by the current Agricultural Insurance Scheme, except that the production concerned is guaranteed by insurance not included in the insurance system. Combined agricultural. By way of exception, and taking into account the limitation of the available budgetary appropriations, as well as the coordination with the results obtained from the application of the agricultural insurance system, it has been considered appropriate to centralise management and assessment of the aid provided for in this order in order to ensure that the aid is fully effective in the territories concerned, equal opportunities for obtaining it and that the aid ceiling is not exceeded. This aid complies with the provisions of Article 11 (2) to (6) of Commission Regulation (EC) No 1857/2006 of 15 December on the application of Articles 87 and 88 of the Treaty to State aid for small and medium-sized enterprises. -medium-sized enterprises engaged in the production of agricultural products and amending Regulation (EC) No 70/2001. The final provision of Royal Decree-Law 5/2007 of 22 June 2007 gives the holders of the ministerial departments, in the field of their powers, the power to lay down the necessary provisions and to set the deadlines for the implementation of the The same applies to the same. In its virtue, I have:

Article 1. Object and territorial scope.

The purpose of this order is to develop Article 4 of Royal Decree-Law 5/2007 of 22 June, adopting urgent measures to repair the damage caused by the floods caused by the storms of rain, hail and wind that have affected several autonomous communities in the second half of May 2007, as well as the strong winds recorded in the month of March in the Autonomous Community of the Region of Murcia.

By this order, the bases and the call for the aid that are dealt with under direct concession, according to Article 22.2.b) of Law 38/2003, of 17 November, General of Grants are established. The measures provided for in this order shall apply to the agricultural holdings and livestock farms which are situated within the territorial scope laid down in Order INT/2244/2007 of 17 July 2007 determining the municipalities to which the measures provided for in Royal Decree-Law 5/2007 of 22 June 2007 apply.

Article 2. Compensation damages.

1. The damage caused to agricultural holdings and livestock farms which, having existing policies covered by the Combined Agricultural Insurance Plan for the financial year 2007, have suffered losses in respect of their production shall be indemnified. covered by the combined agricultural insurance lines.

2. Farmers who have suffered damage to production which on the date of the accident would not have completed the period of employment of the insurance concerned may also receive the above compensation, provided that the contracted insurance for such products in the previous financial year. 3. In addition, compensation may be paid for damage caused to the production not included in the current Insurance Plan, except that the production concerned is guaranteed by insurance not included in the agricultural insurance system. combined.

Article 3. Beneficiaries.

1. The aid provided for in this order shall be for the holders of holdings which, in the territory referred to in Article 1, have suffered losses exceeding 30% of the production.

2. The beneficiaries must comply with the provisions of Articles 13 and 14 of Law 38/2003 of 17 November, General of Grants.

Article 4. Applications for assistance and deadline for submission.

1. The insured persons in whom the circumstances established in this order, who wish to benefit from the aforementioned aid, must submit their application, in accordance with the model set out in the Annex, in the Register of the State Insurance Entity Agriculture (ENESA), in the registers of the Autonomous Communities, in the registers of the Government's delegations or sub-delegations, or in the places provided for in Article 38.4 of Law No 30/1992 of 26 November 1992, of the Legal Regime of the Public administrations and the Common Administrative Procedure within 20 working days, counted from the entry into force of this order.

2. Such application shall be accompanied by a declaration by the applicant indicating whether or not he has received other aid for the same damage and, if so, the amount of the aid. 3. In the event that the applicant is not a natural person, photocopies of his Tax Identification Code must be provided, as well as a full copy of the powers of the legal representative of the signatory of the application. 4. The application shall be authorized by the Administration to obtain the data from the State Administration of Tax Administration and the General Treasury of Social Security on the fulfillment of its fiscal and security obligations. social.

Article 5. Determination of the aid.

1. In order to determine the amount of aid that may be applicable to each applicant who complies with this order, the following criteria shall apply: (a) The calculation of the losses shall be carried out on an individual basis.

(b) For the products included in the agricultural insurance system, the assessment criteria shall be those laid down in the general and special conditions laid down for each insurance line, as well as in the general rule of the assessment of combined agricultural insurance. (c) For the determination of losses, account shall be taken of the normal production of the crop, as well as the production collected, for which any document justifying the requested losses may be required. (d) In the calculation of the aid, the losses guaranteed by the Spanish Grouping of Insurance Entities of Agricultural Insurance Combined, S. A. (AGROSECURE), corresponding to other risks covered by the insurance, will be deducted. (e) In the calculation of the aid, an absolute relief of 20% of the damage shall be applied and the prices for insurance shall be taken into account.

Article 6. Processing, resolution and payment of aid.

1. The body responsible for the instruction of the procedure shall be the General Secretariat of ENESA, in accordance with Articles 22 and 24 of Law 38/2003 of 17 November.

2. The examination and assessment of applications shall be carried out by a valuation committee, consisting of the following:

President: The Director of ENESA.

Vocals: Two ENESA officials. Secretary: An ENESA official, with a voice but no vote.

The vowels and the secretary of this Commission shall be appointed by the Director of ENESA.

After the evaluation and examination of the applications, the appropriate resolution proposal will be formulated with the result of the assessment and the assessment criteria, in which it must be expressed:

(a) The relationship of the applicants for whom the grant of the aid is proposed.

(b) The amount of the aid.

3. Such a motion for a resolution shall be notified to the applicants, granting, in the course of the hearing, a period of 10 days to submit claims.

4. Within 15 days, from the date of the lifting of the motion for a resolution, the President of ENESA shall issue the relevant decision, which shall be notified to the persons concerned within six months of the date of publication of the motion for a resolution. order. Its full content shall also be displayed on the notice board of ENESA. 5. That decision may be brought before the Minister for Agriculture, Fisheries and Food within one month of the date of appeal.

Article 7. Controls.

On the part of ENESA will be carried out the actions of verification that are considered precise in order to guarantee the correct award of the aids, requesting the contribution of the documentation that is considered necessary for verify the accuracy of the information provided by the applicants.

Article 8. Compatibility with other aid.

These aids are compatible with those that could be established by the autonomous communities for these same damages, provided that the total amount does not exceed 80 percent of the losses recorded on the holding, according to provided for in Article 11 of Commission Regulation (EC) No 1857/2006 of 15 December.

To this end, ENESA will ask those autonomous communities for a certificate on the aid granted for these damages.

Article 9. Financing.

1. The Ministry of Agriculture, Fisheries and Food, through ENESA, shall pay the aid which may correspond to each applicant, in accordance with the criteria mentioned above.

2. The total amount of the aid amounts to EUR 9.1 million and includes expenditure arising from the processing of applications and the assessment of the damage and other actions necessary for the implementation of this order. 3. The appropriations for the implementation of this order shall be financed from the budget appropriations of ENESA.

Final disposition first. Collaboration agreements.

The State Agrarian Insurance Institution may conclude agreements with the autonomous communities for the coordination, management and financing of the actions provided for in this order.

Final disposition second. Entry into force.

This order shall enter into force fifteen days after its publication in the "Official State Gazette".

Madrid, November 12, 2007. -Minister of Agriculture, Fisheries and Food, Elena Espinosa Mangana.

Here are several images in the original. See the PDF document for this disposition.