Order Of 20 November 1995 That Enacting Provisions For The Development Of Royal Decree-Law 9/1995, 8 September, By Which Adopt Urgent Measures To Repair The Damage Caused By The Recent Floods In The Provin...

Original Language Title: Orden de 20 de noviembre de 1995 por la que se dictan disposiciones para el desarrollo del Real Decreto-ley 9/1995, de 8 de septiembre, por el que se adoptan medidas urgentes para reparar los daños causados por las recientes inundaciones en la provin...

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By Royal Decree 9/1995, of 8 September, urgent measures are taken to repair the damage caused by the recent floods in the province of Guadalajara.


In article 3(2) of the said Royal Decree-law empowers the Ministry of agriculture, fisheries and food to declare areas of special action to the affected areas, so that that Department-dependent organisms can be restored as far as possible the situation before the catastrophe and to enact the necessary implementing rules for the application of the benefits established in law reform and rural development being introduced in the classification of the works provided for in title II of Book III of the Act, the modifications imposed by the peculiar characteristics of the damage suffered.


Also in the indicated article is it empowers the Ministry of agriculture, fisheries and food to declare emergency in the watersheds affected hydrological works, including repairs to the damage caused in the forest road network needed to be able to carry out the restoration and conservation of soils in the mentioned basins works.


Article 7 of the Royal Decree-Law determines that, for the purposes provided for in article 73 of law 13/1995 of May 18, the public administrations contracts and matching of the General rules of contract, they shall be regarded as works, services, acquisitions or supplies of emergency, repair of infrastructure and equipment, what ever the amount.


Accordance with article 1(1) of the aforementioned Royal Decree-Law, the determination of the municipalities which are implementing the measures provided for therein, will be by the Ministry of Justice and Interior, which has taken place by order of 28 September 1995 of the Department.


In the elaboration of this provision the project has been presented to the inter-ministerial Commission established by article 11 of the Royal Decree-Law 9/1995, for the purposes specified in paragraph 2 of that article.


By virtue, I have: article 1. Scope of application.


Pursuant to article 3(2) of the Royal Decree-Law 9/1995, of 8 September, are declared areas of special action of the Ministry of agriculture, fisheries and food the territories of the municipalities listed in article 1 of the order of the Ministry of Justice and Interior of 28 September 1995, under the conditions provided for in article 3. In addition, declared emergency in affected watersheds, works and hydrological work, including repairs to the damage caused in the forest road network needed to carry out the restoration and conservation of soils in the mentioned basins works.


Article 2. Classification of works. For the application by the Secretariat-General of Rural development and conservation of the nature of the actions established by the law reform and rural development, in the areas referred to in the previous article, are classified works in the following way: works of general interest: prosecution, defense, and correction of public river beds, irrigation works, drains, repair and replacement of roads of common use and replacement of equipment for general use.


Also the restoration work on farms will have the same consideration when the loss of agricultural land exceeds 50 per 100 of the total area.


These works will have the character of emergency for the purposes specified in article 73 of the law 13/1995, on 18 may, the public administrations contracts and matching of the General rules of contract.


Sole final provision. Entry into force.


This order shall enter into force the day following its publication in the "Official Gazette".


Madrid, 20 November 1995.


ATIENZA SERNA Ilmos. Messrs. Subsecretario and Secretary general of Rural development and nature conservation.

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