After a series of atmospheric phenomena occurred, on August 16, there was a storm of large hail, accompanied by heavy rains, on the town of Alcaniz, in the province of Teruel, which was accompanied by heavy rains. For three hours, 118 litres/m2 were dropped, causing damage to homes, especially in the old town of the city, and in public buildings of varying ownership and flooding in low-lying areas of the city, orchard and industrial polygon. Also, the heavy rains and hail affected municipal infrastructure, roads and secondary irrigation networks that require, in a large number of cases, a complete restitution.

The magnitude of this fact and its serious consequences, from the constitutional principle of solidarity and the application of equity and equal treatment in relation to previous situations, require immediate action to the public authorities and the adoption of a set of palliative and restorative measures aimed at the gradual restoration of normality with the repair of the damage produced.

The aim, therefore, of this rule is to approve a catalogue of measures which affect several ministerial departments and cover very different aspects, since they are aimed at the granting of financial aid to the In the case of housing repair to which priority has been given due to its magnitude, others, such as the reduction of tax burdens or the granting of privileged loans, are intended to alleviate the impact of the disaster on the companies and individuals concerned.

Further details are also set out to ensure that the implementation and financing of certain measures is carried out through appropriate coordination of actions and cooperation between the bodies of the General Administration of the State, Autonomous Community and Local Administration.

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

This provision provides for compensation for damage to the agricultural production concerned, only where they are insured with the policies in force of the combined agricultural insurance and these risks do not cover the current regulation of such insurance.

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 Economy, of the Second Vice President of the Government and Minister of the Presidency and of the Ministers for Finance, the Interior, the Promotion, Labour and Social Affairs, Agriculture, Fisheries and Food, Public Administrations and the Environment and after deliberation by the Council of Ministers at its meeting on 19 March. September 2003,

D I S P O N G O:

Article 1. Scope of application.

1. The measures set out in this royal decree will apply to the repair of the damage caused by the floods and the storm of hail produced on 16 August 2003 on the town of Alcaniz (Teruel).

2. For the sole purpose of restorative action, it will also be understood to include those municipal terms or population cores in which, for the proper execution of the necessary works, the performances of the departments are essential. Competent ministries.

Article 2. Damage to municipal infrastructure and network of provincial deputies.

To the projects implemented by the municipal corporation of Alcaniz for the works of repair or restitution of infrastructures, equipment or facilities and services referred to in Article 26.1 (d) of Law 7/1985, of 2 of In April, the Local Government's Bases Regulatory and the provincial deputies ' road network will be applied for the emergency procedure, and 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 ministerial departments responsible for the matter are empowered to declare the areas concerned in particular, with a view to the fact that these departments, their autonomous bodies and public entities that are dependent on them can carry out the restorations that come from them.

For the purposes indicated, works executing such departments to repair damage caused by infrastructure of ownership are declared of emergency.

state within its field of competence, with the Ministry of Agriculture, Fisheries and Food being able to subscribe to the agreements or collaboration agreements necessary to guarantee the financing of the actions appropriate to restore normality to agricultural and rural infrastructure for collective use.

Article 4. Compensation for damage to agricultural production.

The damage caused by the floods and the storm of hail on agricultural holdings which, with policies in force covered by the Agricultural Insurance Plan for the financial year 2003, will be compensated for incurred losses in respect of their production not covered by the combined agricultural insurance lines.

However, in the case of productions which have not started the corresponding insurance contract on the dates of the accident, they may also receive the previous compensation, provided that the farmer he had contracted the insurance against the same production in the previous year.

Compensation may also be levied for damage caused to production not covered by the current annual plan for agricultural insurance, unless the production concerned is guaranteed by insurance not included in the combined agricultural insurance system.

These shall be made available to the holders of holdings located in the municipality of Alcaniz (Teruel) which have suffered losses exceeding 20% or 30% of the insured production, whether or not it is a disadvantaged area, 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 2003 affecting housing, industrial and commercial establishments, agricultural holdings, work premises and the like, located in the municipality of Alcaniz (Teruel), in which damage would have occurred as a direct result of the floods and the storm of hail, when it is established that both the persons and the goods in them have had to be the object of rehousing in whole or in part in other different dwellings or premises for the repair of damage suffered, or damage to crops constitutes claims not covered by any public or private insurance formula.

2. A reduction in the tax on economic activities for the financial year 2003 is granted to industries of any kind, commercial and professional establishments, which are obliged to pay the tax, whose premises of business or property affected by this activity have been damaged as a direct consequence of the said disaster, provided that it is established that they would have had to be rehoused or damage caused by 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 seriousness of the damage produced from origin to it, the assumption of cessation in its financial year that its effects will take effect from 31 December 2002.

3. The exemptions and reductions in quotas in the taxes referred to in the preceding paragraphs shall also 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. The processing of the vehicle casualties requested as a result of the damage caused by the floods and the storm of hail and the issuance of duplicate permits of the circulation or driving destroyed or lost to such causes.

6. The decrease in local tax revenues that the previous paragraphs of this article will produce in the provincial councils and deputies will be compensated by the General Budget of the State, in accordance with the provisions of the Article 9 of Law 39/1988 of 28 December 1988 on the Regulatory of Local Government.

Article 6. Special tax reductions for agricultural activities.

For farms and agricultural activities located in the municipality of Alcaniz (Teruel), and in accordance with the provisions of Article 35 (4.1) of the Income Tax Regulation On 5 February the Ministry of Finance, in the light of the report of the Ministry of Agriculture, Fisheries and Food, approved by Royal Decree 214/1999 of 5 February, may, by way of exception, authorise the reduction of the rates of yield Net of the number referred to in Order HAC/225/2003 of 11 February, which it develops for the year 2003 the system of objective estimation of the Income Tax of the Physical Persons and the simplified regime of the Tax on Value Added.

Article 7. Labour and social security measures.

1. The employment adjustment files which have their cause in the damage caused by the floods and the hailstorm referred to in Article 1 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 recast text of the Law of the Workers ' Statute, adopted by the Royal Decree of Law 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 working time is resolved favourably, on the basis of exceptional circumstances, the labour authority may authorise the time in which the contract is to be suspended. the unemployment benefits, regulated in Title III of the recast text of the General Law on Social Security, approved by the Royal Legislative Decree 1/1994 of 20 June, which bring their immediate cause in the event that motivates this rule is not computed for the purpose of consuming the prescribed maximum periods of perception. It may also authorize 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. Undertakings and self-employed persons included in any social security scheme may, on the basis of the damage suffered, apply for a moratorium of one year without interest in the payment of the contributions to the Social security, corresponding to the months of August and September 2003.

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

Article 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, whatever their value.

2. To those same effects, the water infrastructure, the roads and, in general, any that would have been affected by the floods and the hailstorm, 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 set out in Article 52 of the Law on Compulsory Expropriation, of 16 December of 16 December, is declared urgent. 1954.

4. In the processing of the procurement files not covered by 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 the land, without prejudice to the its effective occupation is not done until the occupation act is formalised.

Article 9. Exceptional housing aid.

The aid that is established in this article will be extraordinary and will be governed by the provisions of this royal decree, and will not be applicable to its concession as established in the matter in the Order of 18 March. The Commission also adopted a proposal for a Council Decision on the conclusion of the Agreement between the European Economic Community and the European Economic Community (1993) on aid to the European Community.

In the cases where damage has occurred in the housing continent as a result of the floods and the hail storm, economic aid may be granted for repair or reconstruction, without No case shall the amount of the aid exceed EUR 24,000.

The valuation of these damages will be carried out by the Insurance Compensation Consortium and will refer to the actual value of the damage actually caused, with distinction between the amount that, if any, corresponds to indemnification to the Consortium in accordance with the rules governing its activity and the amount it provides for aid under this royal decree.

Article 10. Special procedure for the procedure and financing of aid for damage to housing.

1. For the assessment, determination and amount of aid to be granted to individuals under Article 9, a joint technical committee co-chaired by the Government Delegate in the Autonomous Community of Aragon and the Community shall be set up. Public Works Counselor of the Autonomous Community, composed of the Mayor of Alcaniz, a representative of the local entity, a representative of the General Administration of the State and a representative of the Autonomous Administration.

This technical commission, on the basis of equity criteria, after assessing the accredited expenditure and the damage assessed, as well as the economic-social situation of each applicant, will raise the competent body to resolve a proposal. (a) the amount to be granted on the basis of the aid requested and the amount to be granted in the case of a favourable proposal, which may in no case exceed the limits laid down for each of the cases referred to in Article 9.

2. The specific financing of all such aid shall be carried out by 50% by the General Administration of the State in respect of appropriations 16.01.223A.482 ' For the purposes of any order arising from claims, disasters or other recognised urgency "and 16.01.223A.782" For the purposes of any order motivated by claims, catastrophes or other of recognized urgency ", endowed with the character of extendable in the current budget of the Ministry of the Interior, and the rest by the Territorial administrations, according to the agreements reached between them in the conventions which are subscribe to the effect.

Article 11. 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 amounting to EUR 3,000,000, which may be extended by the Ministry of Economy in the role of the assessment of the damage and the consequent demand, using the mediation of the financial institutions with implementation in the Autonomous Community of Aragón, by signing the appropriate collaboration agreements with them.

These loan lines, which will be used to finance the repair or replacement of industrial and commercial equipment and installations, agricultural, livestock and irrigation, automobiles, motorcycles and mopeds for use In particular, commercial vehicles, agricultural machinery and work premises of professionals who have been damaged as a consequence of the disaster which motivates this rule, shall be carried out on loan operations granted by those entities. financial, the characteristics of which will be:

(a) Maximum amount: the damage assessed by the Government Delegation in the Autonomous Community of Aragon or the Government Subdelegation in Teruel, or by the Insurance Compensation Consortium, where appropriate, the amount of the credit that it has been able to subscribe from preferential credit lines to be established on the initiative of the Autonomous Community of Aragon.

b) Deadline: five years, including one year of absence.

(c) Interest: the type of transfer by the ICO to the financial institutions will be three percent of the TAE, with a maximum margin of intermediation for these of 0.75 percent.

Consequently, the maximum final rate for the borrower will be 3.75 percent SAD.

d) Fulfillment: applications will be submitted in the mediator financial institution, who will decide on

the granting of the loan, the risk of the operation being at its expense.

(e) Line Vigency: the time limit for the provision of funds shall end on 31 December 2003.

The instrumentation of the line of loans referred to in this article shall be carried out by the ICO in the exercise of the functions referred to in the additional provision sexta.dos.2, paragraph (a), of Royal Decree Law 12/1995, On 28 December, urgent measures in the budgetary, tax and financial matters, and, in its virtue, were broken by the fact that for the ICO the differential between the market cost of obtaining the resources and the abovementioned rate of three per One hundred will be covered under the State's General Budget.

Article 12. 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 an amount of 600,000 This appropriation is to be used for the purposes of Article 4 (1) of the European Council of the European Community.

Similarly, the holder of the Ministry of Public Administrations is empowered to establish the procedure for the granting of the aforementioned grants, their monitoring and control, in the framework of the economic cooperation of the State to the investments of the local entities.

Article 13. 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 Protection and made up of representatives of the Ministries of Finance, Interior, Promotion, Employment and Social Affairs, Agriculture, Fisheries and Food, the Presidency, Public Administrations, the Environment and the Economy, as well as the Government Delegate in the Autonomous Community of Aragon and a representative of the Insurance Compensation Consortium.

2. The follow-up of the measures provided for in this royal decree law will be carried out by the commission referred to in the previous paragraph, in coordination with the authorities of the Autonomous Community of Aragon, through the Delegation of the Government.

Article 14. Insurance Compensation Consortium.

1. The Government Delegate in the Autonomous Community of Aragon will request from the Insurance Compensation Consortium the corresponding valuations provided for in this royal decree, provided that they do not affect public property.

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 granted, 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 hold with the Government of the Autonomous Community of Aragon and with other public administrations the collaboration agreements that demand the application of this royal decree.

Additional disposition first. Powers of the Autonomous Community of Aragon.

What is established in this royal decree is without prejudice to the powers that correspond to the Autonomous Community of Aragon, under the provisions of its Statute of Autonomy.

Additional provision second. Limit of the aid.

The value of the aid granted under this royal decree law, in respect 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, by the same concepts, may be granted by other administrations, public bodies, national or international, or which correspond under insurance policies.

Additional provision third. Budget appropriations.

The repair of damage to state-owned property and those of the regant communities will be financed from the budgets of the respective ministerial departments, whose effects will be credit transfers that are necessary, without any application of the limitations contained in Article 70 of the recast text of the General Budget Law, approved by the Royal Legislative Decree 1091/1988 of 23 September.

Additional provision fourth. Damage to public infrastructure owned by regant communities.

For the purposes set out in Article 3, the works executed by the Ministry of Agriculture, Fisheries and Food to repair the damage caused to public infrastructure of ownership of the communities are declared of emergency. of regants, which fall within their sphere of competence, with a ceiling of EUR 900,000.

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

In relation to the agricultural holdings located in Alcaniz, the advance payment of the total amount of the aid for the repayment of the principal of the loans granted to the Royal Decree may be made 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 the fulfilment of commitments and the implementation of the investments.

Final disposition first. 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 second. 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, 19 September 2003.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ