During the 11th to 19th of October, intense rainstorms and wind storms have discharged a lot of water over the Valencian Community, causing numerous material destruction and the death of a person like direct consequence of these facts. These events have particularly affected the province of Alicante, where there has been rainfall of more than 400 litres per square metre in some points. In particular, in the municipality of El Verger, the overflowing waters of the Girona River caused serious damage to municipal infrastructure and private homes, and even the death of an elderly person in the town of El Verger was the time of the flood at his home. In this locality, numerous neighbors have had to be evicted from their homes, due to the impossibility of inhabiting the same ones in the short term, due to the important affectation that the floods have produced in the houses, with loss, in many cases, of the totality of household goods. Likewise, in the municipality of Beniarbeig the torrential rains have caused the force of the waters of the river Girona to partially collapse the bridge linking both sides of the town, causing floods of such magnitude that forced to some neighbors to take shelter on the roofs of their homes, where they had to be rescued by helicopters. Finally, in the province of Alicante, it is also worth mentioning the damage suffered in the towns of Calpe, Els Poblets and Javea, as well as destruction of different consideration in municipalities of the province of Valencia, such as Almussafes, Enguera, Lloc Nou de Sant Jeroni and Sumacarcer. The facts described have caused serious damage to municipal infrastructure, as well as to private property, both real estate and commercial establishments and agricultural and livestock farms. In the framework of the autonomous State in which Spain has been constituted, the various Territorial Administrations, in the use of the powers they have assumed, have given immediate response to the situation of emergency presented, however the support of the General Administration of the State was necessary in order to guarantee the life and safety of the victims for the temporary, mobilizing for this means of the Military Emergency Unit, which constituted a command post advanced in the town of El Verger, to collaborate in the necessary tasks to restore the normality in the area worst affected by the floods. In addition, within the same framework of cooperation and inter-administrative cooperation, the Ministry of the Interior has a line of aid for situations of a catastrophic nature, of permanent application, with the aim of paying immediate character to persons who have suffered personal injury or in their homes and in beings. These grants also reach Local Corporations that have carried out emergency actions, such as cleaning of public roads, drainage, evacuation and accommodation of survivors and others of a similar nature. to be carried out in order to guarantee public services necessary to safeguard the life and safety of persons. Finally, and to a lesser extent, the aid reaches commercial establishments and communities of owners under horizontal ownership. However, due to the nature of the damage produced, it is necessary to undertake repairs or repositions of infrastructure of municipal ownership, for which an aid line must be provided for this purpose, managed by The Ministry of Public Administration, which, together with the above, will ultimately seek to promote the restoration of services, the repair of damage produced and the return to normal of the areas affected by the the floods. In this sense, the serious condition on the State's public hydraulic domain, as well as in the areas belonging to the public maritime-terrestrial domain, for which the State Administration will have to undertake, is also remarkable. the necessary protection and restoration measures. The aim, therefore, of this rule is to approve, as a matter of urgency, a catalogue of measures affecting several of the departments of the Member State concerned and covering very different aspects, since they are aimed at reducing the tax burden, others, such as the granting of privileged loans, are trying to alleviate the impact on businesses and individuals affected. On the other hand, the production losses caused by the aforementioned storms and floods in the affected crops and territories make up, due to the magnitude of the damage caused, a situation of natural disaster, being compatible with the This type of aid, in accordance with Article 87 (2) (c) of the Treaty on European Community, is a common market. In view of the fact that these contingencies do not have complete coverage under the combined agricultural insurance, appropriate mitigating measures are necessary, in line with the nature and impact of the damage caused by the the production of the territories concerned and the incomes of the farmers. In its virtue, in use of the authorization contained in article 86 of the Constitution, on the proposal of the First Vice President of the Government and Minister of the Presidency, of the Second Vice President of the Government and Minister of Economy and Finance and of the Ministers from the Interior, Development, Labour and Social Affairs, Agriculture, Fisheries and Food, Public Administrations, the Environment and Housing, and after deliberation by the Council of Ministers at its meeting on 19 October. 2007,

D I S P O N G O:

Article 1. Scope of application.

1. The measures established in this royal decree-law will apply to the repair of the damage caused by the storms of rain and wind, and floods that have affected the Valencian Community during the 11 to 19 of the month of October 2007.

The municipal terms 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. 2. For the purposes of such remedial actions, it shall also be understood to include those other municipal terms or population centres in which, in order to ensure the proper execution of the necessary works, the actions of the competent ministerial departments.

Article 2. Grants for damage to municipal infrastructure and road network of provincial deputies.

1. To projects implemented by local authorities in the municipal and population centres referred to in the previous Article, relating to works of repair or restoration of infrastructure, equipment and In the case of municipal and community facilities and services, and to the road network of the provincial deputies, the emergency procedure will be applied to them, with a grant of up to 50 percent of their state being granted by the State. cost.

2. The holder of the Ministry of Public Administrations is empowered to propose the payment of the grants referred to in the previous paragraph, in the part financed by the General Administration of the State, up to the amount of damages produced in this area, with special credit, which, on an embeddable basis, is provided for in the budgets of that department, in accordance with the provisions of Article 50.1 of Law 47/2003 of 26 November 2003, General Budget. 3. Similarly, the holder of the Ministry of Public Administrations is empowered to establish the procedure for the granting of the aforementioned grants, as well as their monitoring and control, in the framework of the economic cooperation of the State investments by local authorities.

Article 3. Damage to other public infrastructure.

The holders of the relevant ministerial departments are empowered by reason of the matter to declare the affected areas special area of action, in order to ensure that these departments, their autonomous bodies and entities (i) a new system for the implementation of the new system; For the purposes indicated, the essential works to be carried out by such departments to repair the damage directly caused by the floods on State-owned infrastructure falling within its scope are declared to be of emergency. powers.

Article 4. Compensation for damage to agricultural and livestock production.

The damages caused by the events that are the object of this royal decree in the agricultural and livestock farms will be the subject of compensation, which, having policies in force covered by the Agrarian Insurance Plan, have suffered losses in respect of their production not covered by the combined agricultural insurance lines.

However, for the case of productions which at the time of the accident did not end the period of the corresponding insurance contract, they may also receive the previous compensation provided that the farmer (a) the insurance corresponding to the production in the preceding financial year. Compensation for damage caused to productions not included in the current Annual Insurance Plan may also be collected, except that the affected productions are guaranteed by insurance not included in the Agrarian Insurance System. Combined. Those allowances shall be made to the holders of holdings which, in the area referred to in Article 1, have suffered losses exceeding 30% of the production, in accordance with the criteria laid down by the European Union in this respect.

Article 5. Tax benefits.

1. The exemption from the duties on immovable property in respect of the financial year 2007 affecting housing, industrial and commercial establishments, agricultural holdings, work premises and the like, damaged as direct consequence of the facts described, where it is established that both the persons and the property in them have had to be rehoused in whole or in part in other different dwellings or premises until the damage is repaired (a) the amount of the damage to be incurred or damage to agricultural holdings no public or private assurance formula.

2. A reduction in the Tax on Economic Activities for the financial year 2007 is granted to industries of any kind, commercial establishments and professionals whose premises of business or property affects that activity they have been damaged as a direct result of the floods and storms of rain and wind, and provided that they have had to be rehomed or damaged to 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 persons authorised for that purpose, without prejudice to consider, where the gravity of the damage produced from origin to it, the assumption of cessation in the exercise of the activity, which will take effect from 31 December 2006. 3. The exemptions and reductions in quotas in the taxes referred to in the preceding paragraphs shall include those of surcharges legally authorised. 4. Taxpayers who, having the right to the benefits provided for in the preceding paragraphs, would have satisfied the receipts corresponding to that tax year may request the refund of the quantities entered. 5. The application of the previous tax benefits shall be carried out by the Councils, at the request of the persons concerned, and after verification that those applications comply with the requirements laid down in Article 1 and in the first two paragraphs of this Article. 6. It shall be exempt from the rates of the Central Traffic Headquarters established by Law 16/1979 of 2 October, the processing of the casualties of vehicles, requested as a result of the damages produced, and the issue of duplicate permits of circulation or of driving destroyed or lost to such causes. 7. The decrease in income in local taxes that the previous paragraphs of this article produce in the Provincial Councils and Diputations will be compensated by the General Budget of the State, in accordance with the established in Article 9 of the Recast Text of the Local Government Law, approved by the Royal Legislative Decree of 5 March. 8. They shall be exempt from the Tax on the Income of the Physical Persons, the exceptional aid for personal injury referred to in Article 9.

Article 6. Special tax reductions for agricultural activities.

For holdings and agricultural activities carried out in areas determining the order for the development of Article 1 of this royal decree-law, and in accordance with the provisions of paragraph 4.1. 37 of the Regulation on 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 December, the Ministry of Economy and Finance, in the light of the Ministry of Agriculture, Fisheries and Food may, by way of exception, authorise the reduction of the net yield rates referred to in Order EHA/804/2007 of 30 March 2007, for which the estimation method is developed for the year 2007. objective of the Income Tax of the Physical Persons and the simplified special regime of the Tax on the Value Added.

Article 7. Labour and social security measures.

1. The cases of employment regulation which have their cause in the damage produced shall be considered to be from a situation of force majeure, with the consequences arising from Articles 47 and 51 of the recast of the Law of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995 of 24 March. The General Treasury of Social Security may exempt the employer from the payment of the contributions to the Social Security in the first case for the duration of the suspension period, with the condition of that period remaining as effectively listed by the worker. In the event of termination of the contract, the 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 employment authority may authorise the time when the contract is suspended. receive unemployment benefits, which are regulated in Title III of the recast of the General Law on Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June, which will bring their immediate cause in the events to which they are reference to Article 1 of this decree-law, it is not computed for the purposes of consuming the maximum periods of perception. It may also authorise the receipt of unemployment benefits for workers included in those files which do not have the necessary periods of contribution to be entitled to them. 2. Businesses and self-employed persons, including in any social security scheme, may apply for and obtain, on the basis of the damage suffered, a moratorium of up to one year without interest in the payment of the contributions Social security for the months of October, November and December 2007. 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 will be applied to the payment of outstanding debts with the Social Security in the form that is legally applicable. 4. To carry out the repair of the damage caused, the Public Administrations and the Non-profit Entities may request from the Public Employment Services the membership of workers recipients of the benefits unemployment for social partnership work, in accordance with the provisions of Article 213.3 of the recast of the General Law on Social Security.

Article 8. Arrangements for procurement.

1. For the purposes of Article 72 of the Recast Text of the Law on Public Administration Contracts, approved by the Royal Legislative Decree 2/2000 of 16 June, they will have the consideration of works, services, acquisitions or emergency supplies for the repair or maintenance of the infrastructure and equipment service, as well as the replacement works of goods damaged by the disaster, whichever is the same.

2. To these same effects, in any case, between the hydraulic infrastructures, the roads and, in general, anyone who has been affected by the facts referred to by this royal decree-law. 3. The occupation of the goods affected by the expropriations resulting from the performance of the works referred to in this article is declared urgent for the purposes laid down in Article 52 of the Compulsory Expropriation Act of 16 of December, 1954. 4. In the processing of the procurement files not included in Article 129.2 of the recast of the Law on Public Administrations Contracts, it shall be exempt from the prior requirement for the availability of land, without prejudice to its effective occupation is not done until the occupation act is formalised.

Article 9. Aid for damage to homes, and to individuals for personal and material damage.

To personal aid for death, to individuals for damage to habitual housing and first need, as well as to the communities of owners under horizontal ownership and holders of establishments In the case of industrial, commercial and service industries, the concession procedure provided for in Royal Decree 307/2005 of 18 March 2005, which regulates subsidies for certain needs arising from situations in which they are based, will apply to them. Emergency or catastrophic nature, as amended by Royal Decree 477/2007, of 13 September April.

Article 10. Aid to Local Corporations for emergency expenses.

1. The grants awarded by the Ministry of the Interior to local authorities for emergency expenses will apply to them as set out in Royal Decree 307/2005 of March 18, for this concept. They shall not be subject to any repairs or repositions of a structural nature as referred to in Article 2 of this royal decree-law, however, which may be supported by those indeferrals which, in the same field of The application referred to in Article 1 (2) of Regulation (EU) No No 2014 has been implemented in order to ensure the functioning of the essential public services and to ensure the life and safety of persons.

2. For these purposes, a period of one month shall be set for the submission of applications for the aid referred to in the preceding paragraph, and for those referred to in Article 9 of this decree, which shall start from the day on following that of the publication, in the "Official Gazette of the State", of the order in the development of Article 1 of this royal decree-law, without prejudice to the continuation of the processing of the procedures for the granting of these aids have been initiated after the completion of the causative facts. 3. Aid to be granted under this Article and in the preceding Article shall be financed from appropriations 16.01.134M.482 and 16.01.134M.782 " Current and capital transfers to non-profit families and institutions for the purposes of any order arising out of claims, disasters or other recognised emergencies "and 16.01.134M.461 and 16.01.134M.761" Current transfers and capital transfers to local corporations for the purposes of any order arising out of claims, (a) disaster or other recognised urgency, provided, as an extension, in the current Budget of the Ministry of the Interior. 4. The financing of the aid granted under the provisions of Chapters V and VI of Royal Decree 307/2005 of 18 March 2005 will be carried out by the appropriations which, for these purposes, are provided for in the 134 M programme of the budget. of the Ministry of the Interior.

Article 11. Preferential lines of credit.

The Institute of Official Credit (ICO), as a state financial agency, is instructed to implement a line of mediation loans, for which it will seek the collaboration of credit institutions with implementation in the Valencian Community, with which the appropriate collaboration agreements will be signed.

The overall amount of the line of loans will be determined in the provisions that are dictated in the development of this royal decree-law, once the assessment of the damages is completed. The Delegation of the Government in the Valencian Community and the Insurance Compensation Consortium shall forward to the Institute of Official Credit the relationship of the companies, natural or legal, potentially beneficiaries of this line of loans, with expression of their identification and the maximum amount of damage assessed. These loan lines, which will be used to finance the repair or replacement of industrial and commercial installations and equipment, agricultural, livestock and irrigation, automobiles, motorcycles and mopeds for private use, vehicles commercial, agricultural machinery and work premises of professionals who have been damaged as a result of the floods, and of the storms of rain and wind, will materialize in loan operations granted by these entities financial, the characteristics of which will be:

(a) Maximum amount: The damage assessed by the Government Delegation in the Valencian Community, or Subdelegation of the Government of the province concerned or, where appropriate, by the Insurance Compensation Consortium, discounted, in the amount of the credit that they have been able to take from the preferential credit lines to be established on the initiative of the respective autonomous communities.

b) Deadline: 5 years, including 1 year of absence of principal. c) Interest: The type of transfer by the ICO to the financial institutions will be 1.50 percent, with a maximum margin of intermediation for these of 0.50 percent. Consequently, the maximum final rate for the borrower will be 2 per cent SAD. (d) Processing: Applications shall be submitted to the financial institution which shall decide on the granting of the loan, the risk of the operation being at its expense. e) Vigency: 6 months from the date of publication of the standard that approves the economic envelope of the Line.

The instrumentation of the line of loans referred to in this Article shall be carried out by the Institute of Official Credit, in the performance of the functions referred to in the additional provision sixth, two, 2, paragraph a, On 28 December, the Royal Decree-Law 12/1995 of 28 December 1995 of urgent measures in budgetary, tax and financial matters, and, in its virtue, it has broken the fact that for the ICO the differential between the market cost of obtaining the resources and the The aforementioned rate of 1.50 percent will be covered by the General State Budget.

Article 12. Aid for the replacement of motor vehicles.

In the case of damage to motor vehicles which have caused the declaration of total casualty, a payment of EUR 1 000 may be granted for replacement, provided that it is produced within 6 months of the from the entry into force of this royal decree-law.

This aid will be paid out of the appropriations that will be made available under the 134 M "Civil Protection" programme of the Ministry of the Interior's budget.

Article 13. Inter-ministerial Commission.

1. An Inter-Ministerial Commission is hereby established for the implementation of the measures established in this royal decree-law, coordinated by the Director General of Civil and Emergency Protection and composed of representatives of the Ministries of Economy and Finance, of the Interior, Development, Labor and Social Affairs, Agriculture, Fisheries and Food, the Presidency, Public Administrations, Environment and Housing, as well as the Government Delegate in the Valencian Community.

A representative of the Insurance Compensation Consortium and the other of the Institute of Official Credit will also participate in the Commission. 2. The follow-up of the measures provided for in this royal decree will be carried out by the Commission referred to in the previous paragraph, in coordination with the authorities of the Valencian Community, through the Delegation of the Government in that Community.

Article 14. Insurance Compensation Consortium.

1. The damage assessments referred to in Articles 9 and 11 of this royal decree-law shall be carried out by the Insurance Compensation Consortium, at the request of the Government Delegate in the Valencian Community or Subdelegate. of the Government of the territory concerned.

2. The 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 insurance expert experts. 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 they grant, their the respective amounts and the goods concerned.

Article 15. Agreements with other public administrations.

The General Administration of the State will be able to celebrate with the Autonomous Communities and with other public administrations the collaboration agreements that demand the application of this royal decree-law.

Additional disposition first. Limits of the aid.

The value of the aid granted under this royal decree-law, as far as material damage is concerned, cannot in any event exceed the difference between the value of the damage produced and the amount of other aid or (a) to be declared compatible or complementary, which may, by the same concepts, be granted by other public, national or international bodies or be in accordance with the existence of insurance policies.

Additional provision second. Budget appropriations.

The financing of the cost of the measures contained in this real decree-law will be realized in the provisions of the development of this norm, once known the valuation of the damages produced.

Additional provision third. Damage to public infrastructure owned by the communities of regants.

For the purposes set out in Article 3, the works to be carried out by the Ministry of Agriculture, Fisheries and Food to repair the damage caused to public infrastructure owned by the communities are declared emergency. of regants, which fall within its sphere of competence.

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

In the municipal terms concerned, on a preferential basis, the advance payment of the total amount of the aid for the repayment of the principal of the loans under the Royal Decree may be paid in advance. 613/2001 of 8 June for the improvement and modernisation of the structures for the production of agricultural holdings, of the dossiers for which the corresponding final certification of commitments and implementation is available of investments.

Additional provision fifth. Actions of the Ministry of Housing.

In order to complete the emergency aid provided for in Article 9 of this Royal Decree-Law, the Ministry of Housing will be able to subscribe to the Agreements of the Bilateral Monitoring Committee of the Partnership Agreement signed with the Community of Valencia for the implementation of the State Plan 2005-2008, in order to promote the access of citizens to housing. The financing of aid for the repair, rehabilitation and reconstruction of dwellings which have been seriously damaged by the events described will be carried out in the terms of the aid in the Royal Decree 801/2005 of 1 July 2005 approving the State Plan 2005-2008, in order to promote the access of citizens to housing, and will be financed from the non-territorialized reserve regulated in articles 78,c) .2 and 83.3 of the real Decree cited above.

Additional provision sixth. Plant health of the crops concerned.

In accordance with Article 15 of Law 43/2002 of 20 November, of plant health, measures to combat pests that may be adopted in affected crops to restore the disease are described as public utility. plant health conditions, where such measures are necessary in the light of the monitoring and control of pests carried out.

Final disposition first. Competence title.

This royal decree-law is dictated by the provisions of Article 149.1. 23. and 29. th of the Constitution, without prejudice to any additional measures and protection which the Valencian Community may adopt or may adopt.

Final disposition second. Powers of development.

The government and the various ministers of the ministerial departments, in the field of their competences, will dictate the necessary provisions and set the deadlines for the implementation of the provisions of this royal decree.

Final disposition third. Entry into force.

This royal decree-law will enter into force on the day of its publication in the "Official State Gazette".

Given in Madrid, on October 19, 2007.

JOHN CARLOS R.

The President of the Acting Government, MARIA TERESA FERNANDEZ DE LA VEGA SANZ