the Royal Decree-Law of 20 September 1996 adopting urgent measures to make good the damage caused by the flooding in the municipality of Biescas (Huesca), in its Article 3 to the Ministry of Agriculture, Fisheries and Food to declare as special areas of action to the affected area, so that the Department or its autonomous agencies can restore as far as possible the situation prior to the floods of 7 August 1996, applying the benefits set out in the Law on Agrarian Reform and Development of 12 January 1973, introducing in the classification of the works provided for in Title II of book III of that Law, the modifications imposed by the peculiar characteristics of the damage suffered.

In addition, paragraph 3 of the same article declares emergency works for the conservation of agricultural soils and the replacement of agricultural and rural infrastructure of collective use that must be carried out by the Ministry of Agriculture. Agriculture, Fisheries and Food, which will be carried out in accordance with the provisions of Article 153 of Law 13/1995 of 18 May 1995 on Public Administration Contracts.

Likewise, in the indicated article, it is anticipated that the damages caused by flooding, torrential rain or land drag on agricultural productions, insured in policies in force of the Combined Agricultural Insurance, regulated by the Law 87/1978, of December 28, will be the subject of compensation from the budgets of the Ministry of Agriculture, Fisheries and Food, when they are not covered by the Regulatory Orders of the conditions of insurance.

On the other hand, Article 13 (1), in point (e), provides that direct material damage caused to livestock, agricultural or industrial holdings shall, where appropriate, be the subject of aid covering the whole of the damage, corresponding to the Department's implementation, in accordance with Article 13 (6) of Royal Decree-Law 13/1996.

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. Special areas of action.

In accordance with Article 3.2 of Royal Decree-Law 13/1996 of 20 September, a special performance zone is declared for the purposes of applying the benefits provided for in Title II of Book III of the Reform Law and Agrarian Development, of 12 January 1973, the area of the overmountain corresponding to the rural areas of Aso, Yosa and Betes, and the ravine of Aras and its area of influences or nearby, in the municipality of Biescas, in the province of Huesca.

Article 2. Classification of works.

The works of conservation of agricultural soils, and of replenishment of agricultural and rural infrastructures of collective use to be carried out in the area of special action, declared of emergency under the protection of Article 3 (3) of the Royal Decree-Law 13/1996, will have the classification of works of general interest, for the purposes of article 62 of the Law of Reform and Agrarian Development. The financing of such works shall be carried out under budget heading 21.23.531A.611 of the Ministry of Agriculture, Fisheries and Food.

Article 3. Compensation damages.

1. They shall be the subject of compensation under the budgets of the Ministry of Agriculture, Fisheries and Food, and in accordance with Article 3.1 of Royal Decree-Law No 13/1996, damage caused by flooding, torrential rain or land on agricultural production, corresponding to parcels situated in the territorial area referred to in Article 1 of the Royal Decree-Law 4/1996, insured under the policies of the Combined Agricultural Insurance at the time of the damage, where such risks are not included in the regulatory orders of the securement.

For the determination of the said compensation, an absolute franchise of 30 per 100 and a maximum cover of 70 per 100 shall be applied on the value of the production insured on the affected parcel. 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 the affected parcel in the insurance policy.

2. In accordance with Articles 12 and 13.1.e of Royal Decree-Law No 13/1996, the direct material damage caused by agricultural or livestock farming shall also be the subject of compensation. The aid, if any, will cover all the damage suffered.

Article 4. Submission of applications.

1. The insured persons in whom the circumstances set out in Article 3 (1) of this Order are satisfied and who wish to avail themselves of the abovementioned allowances, must submit their application, in accordance with the model set out in the Annex, in the State entity of Agrarian Insurance (hereinafter ENESA) or, in any of the places provided for in Article 38.4 of Law 30/1992, of 26 November, of Legal Regime of Public Administrations and of the Common Administrative Procedure, within a period of 15 days from the date of publication of this Order in the Bulletin State Officer. "

This application must be accompanied by a copy of the national identity card and the tax identification number of the insured person.

2. Holders of agricultural holdings or livestock holdings or, where appropriate, of the land concerned, in which the circumstances laid down in Article 3 (2) of this Order are met and who wish to benefit from the compensation they must submit their application to the competent authority of the Autonomous Community of Aragon, or, in any of the places provided for in Article 38.4 of Law No 30/1992, within 15 days of the publication of the Order in the "Official State Gazette".

This application must be accompanied by a copy of the national identity card and the applicant's tax identification number; proof of ownership of the holding or, where appropriate, of the affected land, as a certificate of the Civil Government of Huesca on the existence and value of the damages produced.

Article 5. Processing, resolution and payment of compensation.

1. The processing, resolution and payment of the compensation referred to in paragraph 1 of this Article shall be carried out by ENESA, in accordance with the criteria laid down in the general and special conditions laid down for each of the (i) insurance, as well as in the general standard for the assessment of combined agricultural insurance. The payment of the aid shall be paid under budget heading 21.207.712F.471.

2. The processing, resolution and payment of the compensation referred to in paragraph 2 of the previous Article shall be carried out by the competent authority of the Autonomous Community of Aragon. The payment of the said aid shall be carried out under budget heading 21.23.531A.778 of the Ministry of Agriculture, Fisheries and Food.

3. The costs arising from the assessment of the damage shall be carried out, where appropriate, from the budgets of the Ministry of Agriculture, Fisheries and Food.

Final disposition first. Faculty of development.

The Secretary General of Agriculture and Food and the President of ENESA are hereby authorized to issue, in the field of their respective powers, the resolutions and measures necessary for the fulfilment of this Order.

Final disposition second. Entry into force.

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

Madrid, 2 April 1997.

DE PALACIO DEL VALLE-LERSUNDI

Ilmos. Mr Secretary-General for Agriculture and Food, Director-General for Rural Planning and Development and President of ENESA.

(ANNEX OMITTED)

FULFILLMENT INSTRUCTIONS

This application must be filed in the Register of the State Entity of Agrarian Insurance (Miguel Angel, 23, 5. º, 28010 Madrid), 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 the 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 questions about filling the "Customer Account Code" box, please consult the credit institution where you have the account in which you want to direct your 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.