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Royal Decree-Law 7/2007, Of 3 August, Laying Down Urgent Measures Relating To Forest Fires In The Autonomous Community Of The Canary Islands.

Original Language Title: REAL DECRETO-LEY 7/2007, de 3 de agosto, por el que se aprueban medidas urgentes en materia de incendios forestales en la Comunidad Autónoma de Canarias.

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TEXT

During the last days of July and the first days of August 2007, several forest fires have taken place in the Canary Islands, which have affected the islands of Gran Canaria, Tenerife and Spain with special intensity. La Gomera. Thousands of hectares have been seriously damaged in the three islands, which has led to the evacuation of more than 12,000 people, who have had to be evicted from their homes. the danger posed to their physical integrity by the proximity of the fire to the affected population centres. The severity of the fires, has required mobilizing for extinction, in addition to the human and technical personnel employed by the Autonomous Community of the Canary Islands, extraordinary means, both the General Administration of the State and the other Regional and local authorities; in particular, air media. The magnitude of these events, and their consequences, obliges the public authorities to take extraordinary measures, in the framework of the constitutional principle of solidarity and for the application of equity and equal treatment in relation to Previous situations. This rule provides for a specific aid scheme and the adoption of a set of compensatory and compensatory measures aimed at repairing the damage caused to persons and property and the recovery of the affected areas. On the other hand, the production losses caused by the aforementioned fires in the affected crops and territories make up, by 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 to approve a catalogue of measures affecting various ministerial departments and covering very different aspects, from which they aim to reduce the tax burden to those provided for in the granting of loans. privileged to try to alleviate the impact on the citizens and businesses affected. In this respect, and in order not to delay the immediate implementation of the most important measures, this Royal Decree-Law has been issued as a matter of urgency, leaving for further development the provision of adequate appropriations, and the amount necessary for the financing of the measures whose nature so warrants. 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, Defence, Development, Labour and Social Affairs, Industry, Tourism and Trade, Agriculture, Fisheries and Food, Public Administrations, the Environment and Housing, and after deliberation by the Council of Ministers at their meeting on 3 August 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 persons and property affected by the fires that occurred during the last days of July and the first days of August 2007 in the Autonomous Community of the Canary Islands.

2. The municipal and population centres affected to which the measures referred to in particular apply shall be determined by the Order of the Ministry of the Interior. To this end, it will be possible to understand also those other municipal terms or population centres in which, for the proper execution of the necessary works, the actions of the ministerial departments are essential. competent. 3. 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 Royal Decree-law to other fires of similar characteristics that have occurred or may occur, in the same or other Autonomous Communities, from 1 March to 1 November 2007.

Article 2. Grants for damage to municipal infrastructure and road network of island councils.

To projects implemented by the Local Entities in the municipal and population centres referred to in the previous article, relating to the works of repair or restitution of infrastructure, facilities and facilities and services of municipal and community ownership, as well as distribution networks and deposits of the Island Water Councils, and to the road network of the island councils, will be applied The Commission has been able to grant a grant of up to 50% of its cost.

Article 3. 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 Combined Agricultural Insurance Scheme for the year 2007, are located in the field of agricultural or livestock farming. the geographical area referred to in Article 1 has suffered losses exceeding 20% 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 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 other agricultural and livestock production, which at the time of the damage to the policy in force covered by the combined agricultural insurance system, damage which is not guaranteed by means of the system. (d) Finally, the damage caused by the fires in agricultural and livestock production not covered by the current combined agricultural insurance plan shall be the subject of compensation, except in the case of such production being guaranteed by some other form of insurance.

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 on the harvest of the next marketing years. For the other production, the compensation to be paid shall be determined in the light of the conditions and procedures laid down in the agricultural insurance system, to the extent that they are applicable. The Ministry of Agriculture, Fisheries and Food, in coordination with the Autonomous Community, shall establish the procedure for the determination of all the compensation provided for in this point and the maximum amount thereof.

Article 4. 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 and forestry holdings, working premises and the like is granted. damaged as a direct result of the fires, when it is established that both the persons and the property in them have had to be rehomed in whole or in part in other different dwellings or premises until the repair of the fires. damage suffered, or damage to crops is caused by claims not covered by any public or private insurance 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 this activity. have been damaged as a direct result of the fires, provided that they have had to be rehoused or damage has occurred which 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 it, the alleged cessation of the exercise of that effect, which shall 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 which are legally authorised. 4. Taxpayers who, having the right to the benefits provided for in the preceding paragraphs, have satisfied the receipts corresponding to that tax year, may request the refund of the quantities entered. 5. They 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 damage caused by the fires, and the dispatch of duplicate movement or driving licences destroyed or lost by those causes. 6. The decrease in income in local taxes that the previous paragraphs of this article produce in the Ayundos and Cabildos Island will be compensated by the General Budget of the State, in accordance with the provisions of the Article 9 of the recast text of the Local Law Regulatory Law, approved by the Royal Legislative Decree of 5 March.

Article 5. Special tax reductions for agricultural activities.

For agricultural holdings and activities carried out in areas determined by the Order to be developed under 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 and the Ministry of the Environment 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 they are developed, for In 2007, the method of objective estimation of the Income Tax of the Physical Persons and the simplified special regime of the Value Added Tax.

Article 6. Labour and social security measures.

1. The employment regulation files which have their direct cause in the damage caused by the fires, as well as in the losses of activity directly derived from them in the hospitality and lodging sector that are duly They will have the consideration of coming from a situation of force majeure, with the consequences arising from Articles 47 and 51 of the recast text of the Law of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995, 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 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 the Royal Legislative Decree 1/1994 of 20 June, which will bring about its immediate cause of the fires, compute for the purposes of consuming the established 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 the Social Security corresponding to the three natural months immediately prior to the production of the disaster. 3. Social Security contributors who are entitled to the benefits set out in the preceding paragraphs and have satisfied the fees corresponding to the exemptions or the moratorium in question may request the return 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 entities may request from the competent public employment service the posting of workers who are recipients of the unemployment benefits for social partnership works, in accordance with the provisions of Article 213.3 of the recast text of the General Law on Social Security, adopted by the Royal Legislative Decree 1/1994 of 20 June.

Article 7. 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. 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 of 16 December, is declared urgent. 1954. 3. In the handling of the procurement files not included in Article 129.2 of the recast text of the Law on Public Administrations, approved by the Royal Decree of Law 2/2000 of 16 June, it will be dispensed from the prior requirement for the availability of land, without prejudice to the fact that its effective occupation is not carried out until the completion of the occupation act.

Article 8. Aid for personal injury and aid for industrial, commercial, agricultural and service establishments.

1. The aid provided for in this Article will be governed by the provisions of Royal Decree 477/2007 of 13 April 2007 amending Royal Decree 307/2005 of 18 March 2005 laying down grants for the benefit of certain Member States. needs arising from emergency or catastrophic situations, and the procedure for granting them is laid down.

2. Without prejudice to the provisions of the previous paragraph, as regards the applicability of Royal Decree 477/2007 of 13 April 2007, in order to establish proof of ownership of the buildings affected by the fires, it will be permitted as a means of proof a document proving such a title, such as receipts for payment of the Property Tax or other similar nature. 3. Applications for the granting of such aid shall be processed by the Government Delegation or the Subdelegations of the Government of the Autonomous Community of the Canary Islands. They shall be submitted within two months of the entry into force of this Agreement. of this Royal Decree-Law, and will be resolved by the Minister of the Interior within three months, counted from the filing of the application.

Article 9. 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 it, as amended by Royal Decree 477/2007 of 13 April 2007, is laid down.

2. 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, as amended by Royal Decree 477/2007 of 13 April 2007, is laid down. 3. 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, whereby grants are determined for specific needs arising from emergency or catastrophic situations, and the procedure for granting it, as amended by Royal Decree 477/2007 of 13 April 2007, is laid down, without the limitation of the amount provided for in Article 22 being applicable. and 23. 4. Applications for the granting of the aid provided for in this Article shall be submitted within two months of the entry into force of this Royal Decree-Law. 5. Aid to be granted pursuant to this Article and those granted pursuant to Article 8 shall be financed from the appropriations of the budget implementation concepts 461, 471, 482, 761 and 782. 16.01.134M. "For the purposes of any order motivated by claims, catastrophes or other of recognized urgency", provided, as extensible, in the current budget of the Ministry of the Interior.

Article 10. Exceptional housing aid: for rental housing if the total destruction had taken place, 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 or tenants with a contract which is subject to an enforced extension, provided that the house has been destroyed or damaged has the condition of permanent and habitual residence prior to the production of the disaster.

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

2. The exceptional aid, which will be granted from the non-territorialized reserve set out in Articles 78,c.2 and 83.3 of Royal Decree 801/2005 of 1 July 2005, approving the State Plan 2005-2008 to promote access to the citizens to housing, will be awarded in the following assumptions and amounts:

(a) For rental housing: 1. If, as a result of the forest fire, the total destruction of the dwelling has occurred, or due to its residual bad state, its demolition would have been accurate, its owners may be able to access to a dwelling on a rental basis, for a maximum period of 24 months, which may be extended, where appropriate, until the reconstruction of the housing or the provision of a new housing is possible, although other arrangements for rehousing may be permitted alternatives where this is necessary.

2. Those who will occupy as usual residence, in rental arrangements, homes that would have been totally destroyed or have been demolished, will be able to access rent aid consisting in the payment of the difference between the rental income of the former and the new housing of similar characteristics, for a period of time equal to the one reflected in the first paragraph. 3. In the event that the rehabilitation or repair of the dwelling requires its eviction, a dwelling may also be accessed for rent, for a maximum period of 12 months, extendable, if any, until the provision of housing. 4. º The maximum amount that can be reached these aids will not exceed the amount of 70.87 euros/m2/rent year, per dwelling, and up to a maximum of 6,378,3 euros/year.

b) For repair, rehabilitation and reconstruction of homes:

1. In the cases where, as a result of the forest fire, the total destruction of the house, its owners, would have occurred, they may be beneficiaries of an economic aid for their 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 protected dwelling Special regime official, located in the same locality as the destroyed house. For the purposes of calculating the sale price, a useful area of the protected housing of 90 square meters, without storage or garage, will be assumed.

2. º If the house had not been destroyed, but damaged, the maximum amount of the economic aid for its rehabilitation or repair, under the same assumptions as those of the previous paragraph, will be 12,000 euros. 3. May also be beneficiaries of such aid provided for the reconstruction, rehabilitation or repair of a damaged house which will be occupied as a habitual residence, as a user or tenant with a contract subject to forced extension. In this case, for the purposes of its reconstruction, rehabilitation or repair, it will be the recipient of the corresponding aid who can prove to be the owner of the building. Notwithstanding the foregoing, in the case of community of owners, for damages in common elements, 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) Having your residence in any of the municipal terms included in the scope of the first article of this Royal Decree-Law.

(b) The affected house must be the habitual residence of the applicant for aid prior to the production of the forest fire. (c) to justify, where appropriate, the amount of the costs incurred by the lease as a result of the uninhabitability of the destroyed or damaged dwelling. d) Reunite the condition of owner, user or tenant in the terms that are determined in this article. (e) Credit scarcity of economic resources to cover the expenditure covered by the aid provided for in this Article, in accordance with the requirements to be laid down in the regulations.

4. The financing of aid for the repair, rehabilitation and reconstruction of dwellings shall be carried out by the General Administration of the State, with the non-territorialized reserve regulated in Articles 78,c.2 and 83.3 of the Royal Decree. 801/2005, July 1.

5. The aid referred to in this Article shall be of an extraordinary nature and shall be governed by the provisions of this Royal Decree and in the ministerial order which it develops.

Article 11. Actions in the field of communications.

The municipalities affected by the forest fires originating in the Autonomous Community of the Canary Islands will be incorporated as a matter of priority into the Agreements signed on 21 November 2005 by the Ministry of Industry, Tourism and Commerce with the dealer operators Telefónica Moviles España, S. A. U. and France Telecom España, S. A. for mobile phone extension. In the same way, these municipalities will be included as a priority within the actions provided for in the Program of Extension of the Broadband of said Ministry for rural and isolated areas, without prejudice to the actions of the Autonomous Communities in the field of their competences.

Article 12. Preferential lines of credit.

The Institute of Official Credit (ICO), in its condition as a financial agency of the State, is instructed to implement a loan Iinea amounting to 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 special use, commercial vehicles, agricultural machinery and working premises of professionals who have been damaged as a result of the fires, shall be carried out on loan operations granted by those financial institutions, whose Features will be:

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

b) Deadline: five years, with one of absence, if applicable. (c) Interest: the type of transfer by the ICO to the financial institutions shall be 1,50 %TAE, with a maximum intermediation margin for these of 0.50%. Consequently, the maximum final rate for the borrower will be two per cent SAD. (d) Processing: applications shall be submitted to the financial institution which shall decide on the granting of the loan and shall be liable for the risk of the operation. e) Vigence of the Iinea: the deadline for the provision of funds will end on March 31, 2008.

The implementation of the Iinea 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 No 12 /1995 of 28 January 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 13. Cooperation with local authorities.

The holder of the Ministry of Public Administrations is empowered to propose the payment of grants resulting from damage to infrastructure and municipal equipment and road network referred to in Article 2, with the This appropriation is to be used for the purposes of Article 1 (1) (a) of this Article.

The maximum amount of such credit will be set out in the implementing and development provisions of this Royal Decree-Law, as soon as the damage assessment is carried out. Similarly, the holder of the Ministry of Public Administrations is empowered to establish the procedure for the granting of the said grants, as well as their monitoring and control, in the framework of the economic cooperation of the State to the investments of the Local Entities.

Article 14. Actions for forest and environmental restoration in the Autonomous Community of the Canary Islands.

1. The Minister of the Environment is empowered to declare the emergency of works carried out by that Department in the Autonomous Community of the Canary Islands in the following areas: (a) Forest hydrological restoration, erosion control and desertification, as well as complementary work, in the forest spaces set on fire to mitigate the possible effects of later rains.

b) Collaboration for the recovery and environmental regeneration of forest fire effects in Natura 2000 sites, in particular in habitats where there are endemic or endangered species. c) Direct support for the withdrawal and treatment of burnt forest biomass, if any. d) Collaboration in the treatment of pest control in the forest masses.

2. All or part of these actions may be the subject of the Convention with the Autonomous Community of the Canary Islands.

3. In order to determine the forest spaces susceptible to aid, taking into account the characteristics of exceptionality that exist in these fires, the additional provision of this Royal Decree-Law will not apply.

Article 15. Insurance Compensation Consortium.

1 The Government Delegate in the Autonomous Community of the Canary Islands will be able to request the Insurance Compensation Consortium, for a more correct assessment of the non-personal damages, the corresponding assessments provided in the Articles 8 and 9 of this Royal Decree-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 that the Consortium has approved for their 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 granted by them. the respective amounts and the goods concerned.

Additional disposition first. Modification of the organic structure and deployment of the Military Emergency Unit.

The Minister of Defense, in accordance with the provisions of the final provision of Royal Decree 416/2006 of 11 April, establishing the organization and deployment of the Army of the Earth's Army, and the Air Force, as well as the Military Emergency Unit, will take the necessary measures to establish in the island of Tenerife an intervention unit of the Military Emergency Unit, which will be added to the existing one on the island of Gran Canary Islands.

Additional provision second. Limits of the aid.

The value of the aid granted under this Royal Decree-Law, in terms of material damage, may in no way 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 administrations or be in accordance with the existence of insurance policies.

Additional provision third. 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 currents.

Additional provision fourth. Actions to be taken from appropriations financed from the budgetary implementation contingency fund.

The aid referred to in Article 9.5, the grants provided for in Article 13 and the Conventions with the Autonomous Community of the Canary Islands, which are to be financed under the budgetary implementation contingency fund, shall be financed from the Fund. provide for the second paragraph of Article 14 of this Royal Decree-Law.

Additional provision fifth. Actions in the Ministry of Defense and the Ministry of Interior.

To cover the costs incurred in the extinction of fires in the Autonomous Community of the Canary Islands referred to in this standard, and to enable the establishment of an intervention unit of the Military Emergency Unit in the Island of Tenerife, the Government, on a proposal from the Minister of 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 the Law 47/2003 of 26 November, General Budget.

also, to meet the expenses incurred by the Interior Ministry in the extinction of the fire, the government, on the proposal of 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 sixth. Actions at the Ministry of the Environment.

To carry out actions related to environmental protection, as a result of the fire, the Government, on a proposal from the Minister of Economy and Finance, will enable the necessary appropriations in the budget. of the Ministry of the Environment, in accordance with the provisions of Articles 50 and 55 of Law 47/2003 of 26 November, General Budget.

Additional provision seventh. 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 under Royal Decree 613/2001 of 8 June for the improvement and modernisation of the production structures of agricultural holdings, of the dossiers for which the corresponding final certification of the farm is available compliance with commitments and implementation of investments.

Additional disposition octave. Agreements with other public administrations.

The General Administration of the State may conclude the collaboration agreements that require the application of this Royal Decree-Law with the Government of the Autonomous Community of the Canary Islands, the Island Cabildos and the Corporations Local affected.

Additional provision ninth. Enabling the Ministry of the Environment.

The Minister of the Environment is empowered, in the exercise of her powers and in relation to the fires referred to in this Royal Decree-law or those who have similar characteristics, to declare a zone of action (a) special for the forest and environmental restoration of the burnt areas, and the works carried out by that department for this purpose are declared emergency.

For the purposes of the declarations referred to in the previous paragraph, it shall be necessary for the forest area affected by the fire to meet any of the following characteristics:

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 which are included in sites of the Natura 2000 network and which affect municipalities which contribute at least 50% of their municipal term to that network. (d) In the territory of the island, the areas referred to above shall be as follows: in paragraph (a) 2,500 hectares; in paragraph (b), 500 hectares; and in paragraph (c), 250 hectares.

Additional provision 10th. 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 established in this Royal Decree-Law coordinated by the Directorate General for Civil and Emergency Protection, and composed of representatives of the Ministries of Economy and Finance, Defense, Interior, Development, Labor and Social Affairs, Agriculture, Fisheries and Food, the Presidency, Public Administrations, the Environment, Housing, Industry, Tourism and Trade, as well as by the Government Delegate in the Autonomous Community of the Canary Islands and a representative of the Consortium Insurance Compensation.

2. The monitoring of the support measures provided for in this Royal Decree-Law shall be carried out by the Commission referred to in the previous paragraph, in coordination with the authorities of the Autonomous Community, through the Government Delegation.

Final disposition first. Competence title.

This Royal Decree-Law is issued under the provisions of Articles 149.1.23. and 149.1.29. of the Constitution, without prejudice to any additional measures and protection which the Community has adopted or may adopt. Autonomous of the Canary Islands or other 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 Royal Decree-Law.

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 Palma de Mallorca, on August 3, 2007.

JOHN CARLOS R.

The President of the Government, JOSÉ LUIS RODRÍGUEZ ZAPATERO