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Order Of 8 May 1997 That Enacting Provisions For The Development Of The Royal Decree-Law 2/1997, Of 14 February, By Which Adopt Urgent Measures To Repair The Damage Caused By Floods And Storms In The C...

Original Language Title: Orden de 8 de mayo de 1997 por la que se dictan disposiciones para el desarrollo del Real Decreto-ley 2/1997, de 14 de febrero, por el que se adoptan medidas urgentes para reparar los daños causados por las inundaciones y temporales acaecidos en la C...

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TEXT

By Royal Decree-Law 2/1997 of 14 February, urgent measures are taken to repair the damage caused by the floods and storms in the Autonomous Community of Cantabria.

In article 3.1 of the aforementioned Royal Decree-Law, damage caused by floods, torrential rain, persistent rain, land trawling, hurricane-force winds or snow on agricultural production, secured in The policies in force of the Combined Insurance, governed by Law 87/1978, of December 28, when such risks are not included in the Regulatory Orders of the conditions of insurance, will be the subject of compensation from the credit Article 10 of the Royal Decree-Law.

It is considered necessary to centralize the management of the aid provided for in Royal Decree-Law 2/1997, 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 first final provision empowers the Government and the holders of the various ministerial departments, within the scope of their respective powers, to make the necessary arrangements for the implementation of the provisions of the Treaty. in the cited 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 Article 1.1 of Royal Decree-Law 2/1997 of 14 February ("Official State Gazette"). 15).

Article 2. Compensation damages.

The damage caused by flooding, torrential rain, persistent rain, land trawling, hurricane-force winds or snow on agricultural production, insured under current policies, will be compensated for in the moment. the damage occurred, of the Combined Agrarian Segu ro, regulated by Law 87/1978 of 28 December, when 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 corresponding allowances shall be carried out by the State Insurance Entity (hereinafter 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 10.1 of the said Royal Decree-Law 2/1997.

3. The compensation to be paid 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, will have as the maximum limit the insured capital established for each parcel affected in the insurance policy.

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 Ángel, numme ro 23, 5.a planta, 28010 Madrid, or in the Registers of the Provincial Directorates of the Ministry of Agriculture, Fisheries and Food, or in any of the luga res provided for in Article 38.4 of Law 30/1992, of 26 November, Legal Regime of the Public Administrations and the Procedure Common Administrative Board, within 15 days of the publication of this Order in the Official Gazette of the State.

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

Final disposition first. Power of application.

The President of ENESA is empowered to issue, in the field of his powers, 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, 8 May 1997.

DE PALACIO DEL VALLE-LERSUNDI

Ilmo. Mr. President of the State Entity of Agrarian Insurance.

(SKIPPED REQUEST)

FULFILLMENT INSTRUCTIONS

This application must be filed in the Register of the State Entity of Agrarian Insurance (Calle Miguel Angel, number 23, 5.o, 28010 Madrid), or in the Registers of the Provincial Directorates of the Ministry of Agriculture, Fisheries and Food, or in the other offices provided for in Article 38.4 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, to 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 resend the applicant's tax identification number).

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, 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 national identity document and the tax identification number 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.