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Royal Decree-Law 8/2005, Of 27 May, That Urgent Measures Are Taken To Repair The Damage Caused By The Floods Occurred On The Island Of La Gomera.

Original Language Title: REAL DECRETO-LEY 8/2005, de 27 de mayo, por el que se adoptan medidas urgentes para reparar los daños causados por las inundaciones acaecidas en la isla de La Gomera.

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TEXT

On January 17, 2005, it occurred on the island of La Gomera, a temporary fort, with episodes of heavy rains that affected the southern and western areas of the island with special effects, and which resulted in a supply cut. for almost 24 hours. These adverse weather events have caused serious and substantial damage to public infrastructure, particularly in relation to sanitation networks and sewage treatment stations, as well as in the road network of municipal, island and local ownership. regional. There has also been minor damage to sports facilities, cemeteries, commercial establishments, housing and agricultural holdings. The magnitude of the facts and their consequences require, from the constitutional principle of solidarity and the application of equality and equal treatment in relation to previous situations, the action of the public authorities and the (i) adoption, for the areas concerned, of a set of palliative and remedial measures agreed with those previously adopted on similar occasions, in order to promote the restoration of services, the repair of damage caused and the return to the normality of the areas affected by the floods. The aim, therefore, is to approve a catalogue of measures which affect several ministerial departments and cover very different aspects, as some are aimed at reducing the tax burden, others, such as the granting of Privileged loans are intended to alleviate the impact on businesses and individuals affected. In its virtue, in use of the authorization contained in Article 86 of the Constitution, on the proposal of the Ministers of the Interior, Economy and Finance, of Development, of Labor and Social Affairs, of Agriculture, Fisheries and Food, of the Presidency, Public administrations, the environment and housing and after deliberation by the Council of Ministers at its meeting on 27 May 2005,

D I S P O N G O:

Article 1. Scope of application.

The measures set out in this royal decree will apply to the repair of the damage caused by the floods produced on 17 January 2005 on the island of La Gomera, in the municipal terms of San Sebastian de la Gomera, Hermigua, Agulo, Vallehermoso, Valle Gran Rey and Alajero.

Article 2. Damage to municipal infrastructure and road network of La Gomera Island Cabildo.

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, (a) the processing of equipment or installations and services of municipal ownership included in Article 26.1 (d) of Law 7/1985, of 2 April, Regulatory of the Bases of the Local Regime, and of the road network of the Island Cabildo de La Gomera, will be applied to them The State will be able to grant them a grant of up to 50 percent of their cost.

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 as a special area of action, so that these departments, their autonomous bodies and entities They are dependent on the public for the restorations they come from. For the purposes indicated, the works implementing such departments shall be declared to be of emergency in order to repair damage caused by State-owned infrastructure falling within its scope of competence.

Article 4. Compensation for damage to agricultural production.

The damage caused by floods on agricultural holdings which have existing policies covered by the Combined Agricultural Insurance Plan for the year 2005 and suffered damage losses shall be the subject of compensation. in their production not covered by the combined agricultural insurance lines.

However, in the case of productions which have not started the corresponding insurance contract at the time of the accident, they may also receive the previous compensation, provided that they were (a) the insurance corresponding to those productions in the preceding financial year. Compensation may also be paid for damage to production not covered by the current annual insurance plan, except where the production concerned is guaranteed by insurance not included in the agricultural insurance system. combined. Those allowances shall be made to the holders of holdings which are located within the scope referred to in Article 1 and have suffered losses exceeding 20% or 30% of production, whether or not in the area (a) the European Union, in accordance with the criteria laid down by the European Union in this respect.

Article 5. Tax benefits.

1. The exemption from the taxes on immovable property in respect of the financial year 2005 affecting housing, industrial and commercial establishments, agricultural holdings, work premises and the like, damaged as direct consequence of the floods, when 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 suffered or (a) damage to crops is not covered by any of the following: public or private insurance.

2. A reduction in the tax on economic activities corresponding to the year 2005 is granted to industries of any nature, commercial establishments and professionals whose premises of business or property affections to that activity have been damaged as a direct result of the flooding, provided that they have had to be rehoused or there has been damage resulting from the temporary closure of the activity. The indicated reduction shall be proportional to the time elapsed from the day on which the activity has ceased until its restart under normal conditions, either on the same premises or on other persons authorised for that purpose, without prejudice to the fact that, where the gravity of the damage produced from the source to that effect, the event of termination of the exercise shall take effect from 31 December 2004. 3. The exemptions and reductions in quotas in the taxes referred to in the preceding paragraphs shall include those of surcharges legally authorised for those charges. 4. Taxpayers who are entitled to the benefits set out in the preceding paragraphs and have satisfied the receipts corresponding to that tax year may request the refund of the amounts entered. 5. The processing of vehicle casualties, requested as a result of the damage caused by the floods, and the issue of duplicates of traffic permits or driving licences destroyed or lost by that cause shall not be fees for the respective services of the Central Traffic Headquarters. 6. The decrease in income in local taxes that the previous paragraphs of this article produce in the municipalities and in the La Gomera Island Council 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 Regulatory Law, approved by the Royal Legislative Decree of 5 March.

Article 6. Special tax reductions for agricultural activities.

For holdings and agricultural activities carried out in the areas specified in Article 1 of this royal decree, and in accordance with the provisions of Article 35.4.1 of the Income Tax Regulation Physical Persons, approved by Royal Decree 1775/2004 of 30 July, the Ministry of Economy and Finance, in the light of the report of the Ministry of Agriculture, Fisheries and Food, may authorize, exceptionally, the reduction of the the net yield rates referred to in Order EHA/3902/2004, of 29 November, by the for the year 2005 the method of objective estimation of the Tax on the Income of the Physical Persons and the simplified special regime of the Tax on the Added Value.

Article 7. Labour and social security measures.

1. The cases of employment regulation which have their cause in the damage caused by the floods shall be taken into account as a result of a situation of force majeure, 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 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, and the condition of that period shall be maintained as effectively quoted. 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 under exceptional circumstances is to be resolved, the labour authority may authorise the time when the contract is to be suspended. (a) to receive 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 its immediate cause in the floods; 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 one year without interest in the payment of the contributions to the Social security corresponding to the two months 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 the quantities entered, including the corresponding surcharges and costs. 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. In order to carry out the repair of damage caused, public administrations and non-profit-making entities may apply to the public employment services for the posting of workers who are recipients of the benefits in question. unemployment for the performance of social partnership works, in accordance with the provisions of Article 213.3 of the recast text 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 those same effects, the water infrastructure, the roads and, in general, any that have been affected by the floods, are included in any case. 3. The occupation of the goods affected by the expropriations resulting from the construction of the works referred to in this article, for the purposes laid down in Article 52 of the Law on Compulsory Expropriation, of 16 December, is declared urgent. of 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. Emergency aid.

1. Personal aid for damage to habitual housing and household goods, as well as grants to local authorities for emergency expenditure incurred in the field of their powers, will be applicable to them. the concession procedure provided for in Royal Decree 307/2005 of 18 March 2005 governing grants for certain needs arising from emergency or catastrophic situations.

2. For these purposes, the time limit for the submission of applications for aid referred to in the preceding paragraph shall start from the day following that of the publication of this royal decree in the Official Gazette of the State. 3. Aid to be granted under this Article shall be financed from appropriations 16.01.134M.482 and 16.01.134M.782, "Current transfers and capital to families and non-profit institutions for the purposes of any order in respect of claims, disasters or other recognised urgency ", and 16.01.134M.461 and 16.01.134M.761, "Current transfers and capital to local corporations for the purposes of any order arising out of claims, disasters or other of recognised urgency ", provided, on a scale-up basis, in the current budget of the Ministry of the Interior.

Article 10. 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 line of three million euros, which can be extended by the Ministry of Economy and In the light of the assessment of the damage and the consequent demand, it will use the mediation of the financial institutions with implementation in the autonomous community concerned, with which it will sign the appropriate agreements of collaboration.

These loan lines, which will be used to finance the repair or replacement of agricultural, industrial and commercial installations and equipment, automobiles, motorcycles and mopeds of particular use, vehicles commercial, private and local craft workers, which have been damaged as a result of the floods, 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 preferential credit lines established at the initiative of the Autonomous Community of the Canary Islands.

b) Deadline: five years, including one year of absence. (c) Interest: the type of transfer by the ICO to the financial institutions will be 1.25 per cent TAE, with a maximum intermediation margin for these of 0.75 per cent. 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) Vigency of the line: the deadline for the provision of funds will end on 31 December 2005.

The instrumentation of the line of loans referred to in this article will be carried out by the ICO, in the exercise of the functions referred to in the additional provision sexta.dos.2.a) of the Royal Decree Law 12/1995, of 28 of In December, the Council of the European Parliament, the Council of the European Parliament, adopted a decision on the financial and tax measures, and, in its virtue, it has broken the gap between the market cost of obtaining the resources and the abovementioned rate of 1,25%. will be covered by the General Budget of the State.

Article 11. Cooperation with local authorities.

The holder of the Ministry of Public Administration is empowered to propose the payment of the grants referred to in Article 2, in the part financed by the General Administration of the State, up to a maximum amount of EUR 7,228,171, in charge of the extraordinary appropriation which is to be made available for the purposes of the budget of that department. In accordance with Article 50 (b) of Law 47/2003 of 26 November 2003, General Budget, such extraordinary appropriation shall be financed from the contingency fund and shall be authorised by the Ministry of Economic Affairs and Finance.

In the same way, the holder of the Ministry of Public Administration 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 cooperation State aid to the investments of the local authorities.

Article 12. Inter-ministerial committee.

1. An inter-ministerial commission is set up for the implementation of the measures set out in this royal decree, coordinated by the Directorate General for Civil and Emergency Protection and composed of representatives of the Ministries of Economy and Finance, of the Interior, Development, Labour and Social Affairs, Agriculture, Fisheries and Food, the Presidency, Public Administrations, the Environment and Housing, as well as the Government Delegate in the Autonomous Community of the Canary Islands and the by a representative of the Insurance Compensation Consortium.

2. The monitoring of the measures provided for in this royal decree shall be carried out by the committee referred to in the previous paragraph, in coordination with the authorities of the Autonomous Community of the Canary Islands, through the Delegation of the Government in Canary Islands.

Article 13. Insurance Compensation Consortium.

1. The Government Delegate in the Autonomous Community of the Canary Islands will be able to request the Consortium of Insurance Compensation, for a more correct assessment of the damages, the corresponding assessments provided in this royal decree law, provided that affect property of public ownership.

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 they grant, their the respective amounts and the goods concerned.

Article 14. Agreements with other public administrations.

The General Administration of the State will be able to celebrate with the Autonomous Community of the Canary Islands, with the Cabildo Insular de La Gomera and with the local corporations affected by the collaboration agreements that demand the application of this real decree law.

Additional disposition first. Limits of the aid.

The value of the aid granted under this royal decree law, in which 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 (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 repair of damage to state property, compensation granted for damages in agricultural production, as well as expenses arising from the collaboration agreements signed with others. Public administrations as referred to in Article 14 shall be financed from the budgets of the respective ministerial departments, for which the necessary credit transfers shall be carried out, without any application of the limitations contained in Article 52.a) of Law 47/2003, of 26 November, General Budget for the implementation of credit transfers from capital operations to current operations.

Additional provision third. 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.

Final disposition first. Powers of the Autonomous Community of the Canary Islands.

What is established in this royal decree is without prejudice to the powers that correspond to the Cabildo Insular de La Gomera and the Autonomous Community of the Canary Islands under the provisions of its Statute of Autonomy.

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 same day as its publication in the "Official State Gazette".

Given in Madrid, on May 27, 2005.

JOHN CARLOS R.

The President of the Government, JOSÉ LUIS RODRÍGUEZ ZAPATERO