The Royal Decree-Law 18/1997 of 31 October, adopting urgent measures to repair the damage caused by the severe storms recently occurring in various Autonomous Communities, relates to some of the Provinces of the Autonomous Communities of Andalusia, Aragon, Asturias, Cantabria, Castilla-La Mancha, Castilla y León, Catalonia, Extremadura, Comunidad Valenciana, La Rioja, Galicia, Murcia and País Vasco.

In Article 2 of the aforementioned Royal Decree-Law, damages caused by floods, torrential rain, persistent rain or land trawling on agricultural production, insured in policies of insurance Combined, governed by Law 87/1978 of 28 December 1978, where such risks are not included in the regulatory orders of the conditions of insurance, they shall be compensated by the extraordinary credit provided for in the 11.1 of the Royal Decree-Law.

It is considered necessary to centralize the management of the aid provided for in Royal Decree-Law 18/1997, in exceptional way, given the urgent need for the assessment of the damages produced that will enable the efficient the allocation of the corresponding amounts, in particular taking into account the limitation of the overall budget appropriations, in order to ensure a fair distribution among the potential beneficiaries.

The final provision of the aforementioned Royal Decree-law empowers the Government and the holders of the various ministerial departments, within their respective powers, to make the necessary provisions for the execution of what is established in the aforementioned Royal Decree-Law.

In its virtue, I have:

Article 1. Scope.

The actions provided for in this Order shall apply to the parcels concerned and located within the geographical scope defined in the Order of 27 November 1997 determining the municipal or core terms of the population to which the measures provided for in Royal Decree-Law 18/1997 of 31 October 1997 are applicable, whereby urgent measures are taken to make good the damage caused by the severe storms that have recently occurred in several countries. Autonomous Communities.

Article 2. Compensation damages.

The damage caused in the period from 1 May to 1 September 1997 shall be compensation for compensation, including for flooding, torrential rain, persistent rain or land trawling, agricultural production, insured in policies in force, at the time of the damage, of the Combined Agricultural Insurance, governed by Law 87/1978 of 28 December, where such risks are not included in the regulatory orders of the conditions of insurance.

Article 3. Processing, resolution and payment of compensation.

1. The processing, resolution and payment of the applications submitted shall be carried out by the State Agency for Agricultural Insurance (ENESA), in accordance with the criteria laid down in the general and special conditions laid down for each insurance line, as well as in the general standard for the assessment of combined agricultural insurance.

2. The costs arising from the assessment of the damage shall be carried out, where appropriate, from the resources provided for in Article 11.1 of the said Royal Decree-Law 18/1997.

3. The compensation corresponding to each insured person shall be granted by means of a resolution of the President of ENESA.

Article 4. Determination of the compensation.

1. For the purpose of determining the compensation to be paid to each insured person, an absolute allowance of 30 per 100 shall apply for the damage assessed and a maximum cover of 80 per 100 for the value of the insured production on the parcel affected.

2. The maximum total compensation to be paid by the insured person in each of the parcels concerned, both as a result of claims covered by the insurance policy which he has subscribed to, and by the application of the provisions of this Order, shall have as the maximum limit the insured capital established for each parcel concerned in the insurance policy.

For the determination of this capital, no account will be taken of the reductions that have been made in the policy, for damages not guaranteed in the policy but which are contemplated in the Royal Decree-Law 18/1997.

Article 5. Applications for compensation.

The insured persons in whom the circumstances set out in this Order are present and who wish to avail themselves of the above allowances, must submit their application, according to the model set out in the Annex, in the Register of ENESA, Calle Miguel Angel, 23, fifth floor, 28010 Madrid, or in the Records of the Delegations or Subdelegations of the Government or any of the places provided for in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of the General Government and the Common Administrative Procedure within 20 days (a) the number of working time (s) counted from the publication of this Order in the "Official State Gazette".

A copy of the national identity card and the tax identification number of the insured person must be accompanied.

Final disposition first. Development.

The President of ENESA is empowered to issue, in the field of his applications, the resolutions and measures necessary to comply with this Order.

Final disposition second. Entry into force.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 10 February 1998.

DE PALACIO DEL VALLE-LERSUNDI

Ilmo. Mr. Undersecretary and President of the State Insurance Entity.

(SKIPPED REQUEST)

FULFILLMENT INSTRUCTIONS

This application must be filed in the Register of the State Entity of Agrarian Insurance (Miguel Angel, 23, fifth, 28010 Madrid), in the Records of the Delegations or Subdelegations of the Government, or in the other offices planned in Article 38.4 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure until the date set out in the text of the Order.

An application must be submitted for each municipal term in which they radiate the parcels that meet the above conditions.

The form will be completed in all of its sections, except in the shaded boxes.

I. Insurance data: Corresponds to numbers 3, 8, 6 and 7 of your insurance policy.

II. Applicant insured data: Corresponds to the number 11 of your insurance policy (it is mandatory to resent the NIF of the applicant).

III. Data from the insured holding (insurance sheet data): Corresponds to the number 20 of your insurance policy.

V. Bank details for the recovery of the compensation: The correct completion of this paragraph is absolutely necessary in order to be able to pay by transfer the amount of the compensation that can correspond to it.

If you have any doubts about filling the "Customer Account Code" box (CCC), please consult the credit institution where you have the account in which you want to direct the payment.

VI. Accompanying documentation: It is essential to submit, together with the application, photocopies of the DNI and NIF of the insured person.

This application must be signed by the insured person himself or by his legal representative.

It is advisable to keep the copy of the application to facilitate the assessment and settlement of the compensation.

Note: Any consultation or clarification on this may be made to the State Insurance Entity, Calle Miguel Angel, 23, 5.o, 28010 Madrid, telephones (91) 308 10 30-31-32; fax (91) 308 54 46.