Late on August 9, there were several storms of high intensity, with serious harmful effects of any order, in the southeastern area of the province of Guadalajara, which have caused significant material damage. and even human losses.

The above makes it necessary to adopt a series of measures which tend, on the one hand, to alleviate the situation created and, on the other, to gradually restore normality in the disaster areas. It is therefore essential that the public authorities, particularly in relation to public infrastructure and public services, act in order to enable people's lives and economic activity in these areas to be at the same level. in that it was before the catastrophe.

The aim of this rule is to approve a broad catalogue of measures affecting several ministerial departments and covering very different aspects, as some are purely and simply to reduce the tax burden, While others, such as the granting of privileged loans, are trying to contribute to the effective achievement of normality. All of them, however, share the objective of actively demonstrating solidarity with those affected.

On the other hand, mechanisms are regulated to ensure that the remedial measures, which are arbitrate from other public administrations, can be coordinated with those that are now approved by the General Administration of the State.

In its virtue, in use of the authorization contained in article 86 of the Constitution, on the proposal of the Ministers of Justice and Interior, of Economy and Finance, of Public Works, Transport and Environment, of Work and Social Security, Industry and Energy, Agriculture, Fisheries and Food, and for Public Administrations, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 8 September 1995,

D I S P O N G O:

Article 1.

1. The measures set out in this Royal Decree-Law for the repair of the damage caused by the recent storms and floods in the Guadalajara pro vinca will be applied in the municipal terms to be determined by the Ministry of Justice and Home Affairs.

2. To projects carried out by local authorities, in the municipal areas referred to in the previous paragraph, relating to works for the repair or restoration of the infrastructure, equipment or facilities and services provided for in the Article 26 of Law 7/1985, of April 2, regulator of the Bases of Local Regime, and to the road network of local ownership, will apply the regulatory norms of the economic cooperation of the State to the investments of the Entities local.

They will be applied for urgent procedure, with a maximum grant of 50 per 100 of their cost.

Article 2.

1. The Ministry of Justice and the Interior, as determined by the Ministry of Justice and the Interior in relation to the municipal terms, declare themselves to be indeft to all kinds of civil, notarial, commercial, administrative and judicial effects. refers to the previous article.

2. The indeft days mentioned shall be discounted in the calculation of the time limits laid down for each case, the acts and proceedings being carried out, which could not take place in the eight working days following that of the publication of the present Royal Decree-Law, without prejudice to the validity of the proceedings and the measures taken in those days, if they had been carried out with all the necessary legal requirements.

Article 3.

1. Direct damage caused by flooding, torrential rain or land trawling on agricultural production, insured in the policies of the Combined Agricultural Insurance, governed by Law 87/1978 of 28 December, where these risks are not are included in the Regulatory Orders for the conditions of insurance, shall be the subject of compensation under the extraordinary credit provided for in Article 8 of this Royal Decree-Law.

2. The Ministry of Agriculture, Fisheries and Food is empowered to declare special areas of action to the affected areas, in order to enable the agencies under the Department of Agriculture to restore, as far as possible, the situation prior to floods. For the purposes indicated, the water-forestry restoration and soil conservation works in the affected river basins shall be declared emergency.

By the Ministry of Agriculture, Fisheries and Food, the necessary implementing rules for the implementation of the benefits provided for in the Law on Agrarian Reform and Development will be introduced into the the works provided for in Title II of Book III of that Law, the modifications imposed by the peculiar characteristics of the damage suffered.

Article 4.

Moratorium is granted for the following payment obligations:

1. Mortgages and pignoraticios, their amortisation and interest due or maturing in the period from 10 August to 9 November, both inclusive, when the goods taxed with mortgage or made of garment have suffered damages and are located in the municipal terms referred to in Article 1 of this Royal Decree-Law.

2. Credits of all classes, due or maturing in the period indicated above:

(a) Against resident persons or entities domiciled in the municipal terms referred to in Article 1, and in which they hold rustic or urban estates, industrial or commercial facilities or holdings, provided that they have damage to them or their ability to pay is diminished as a result of the accidents caused by the recent storms and floods.

(b) Against persons or entities which, although resident or are domiciled outside the municipal terms referred to, hold in them rustic or urban estates, industrial or commercial facilities or holdings and have suffered damage to them.

3. This moratorium shall not apply where the debtor is a bank or credit establishment.

4. As from 9 November 1995, the date on which the period of duration of the moratorium laid down in the preceding paragraphs is concluded, the above claims shall be payable by the creditors in the agreed terms. The protest of exchange letters and unpaid trade effects may be effected in any of the eight working days following the expiration of the moratorium.

5. The covenants and agreements freely stipulated by the interested parties after the publication of this Royal Decree-Law, which will not apply to the credits born and to the new ones after the same date, remain safe.

Article 5.

1. Exemption from the taxes on immovable property, both in a rustic and urban nature, and in the tax on economic activities, corresponding to the fiscal year 1995, which affect agricultural holdings, are granted urban, industrial and commercial establishments and local work of professionals, damaged as a direct result of the recent torrential rains and located in the municipalities referred to in Article 1. This exemption shall include that of surcharges legally authorised on the charges referred to above.

2. The taxpayers who, having the right to the exemption provided for in the previous paragraph, would have satisfied the receipts for the 1995 financial year, may request the refund of the quantities entered.

3. The time limit for the income of tax debts resulting from liquidations practiced by the Administration, except those practiced as a result of foreign trade operations, which are both in voluntary income period and The Court of State held that the Court of State held that the Court of State held that the Court of

Also, the filing period and the entry of self-liquidity and statements-settlements practiced by the tax obligor and other statements that result from the fulfilment of formal obligations, which do not have been the subject of an individual request, the time of which is to be completed between 10 August and 20 December, until the latter date.

The provisions of the preceding paragraphs of this paragraph shall apply to those who have the tax domicile, or where applicable, the domicile of the activity in the municipal terms referred to in Article 1. of this Royal Decree-law.

4. In the amount of 165,000 pesetas, the tax quota corresponding to the Special Tax on certain means of transport, regulated by Law 38/1992 of 28 December, of Excise Excise, in the purchase of motor vehicles, will be reduced. Spain or countries belonging to the European Union made to replace others who had suffered a total loss as a result of storms and floods, provided that the absence of such storms and floods is justified, for that reason, in the relevant Traffic Head and that such acquisition takes place within a period of one year from the date of publication of the present Royal Decree-Law. In no case shall the deduction applicable in the quota exceed the amount of the fee.

Also, the handling of the casualties of vehicles requested as a result of the damages suffered by the torrential rains and floods and the issue of duplicates of permits of circulation or of driving destroyed or If they do not, they shall not bear the fees corresponding to the respective services of the Central Traffic Headquarters.

5. The reduction of income which the rules of this article produce in the Councils and Provincial Diputations will be compensated by the specific imputation of their amount from the resources derived from Article 94 of Law 41/1994, On 30 December, the General Budget of the State for 1995, and those with the same purpose are entered in the General Budget of the State for 1996.

Article 6.

1. The employment regulation files which have their cause in the damage caused by the torrential rains and floods will be taken into account as a result of a situation of force majeure, with the consequences arising from the Articles 47 and 51 of the recast of the Law of the Workers ' Statute, adopted by Royal Legislative Decree 1/1995 of 24 March.

In cases where the suspension of contracts or temporary reduction of the working day is resolved favourably on the basis of exceptional circumstances, the employment authority may authorise the time in which it is received the unemployment benefits that bring their immediate cause in the torrential rains and floods are not computed for the purpose of consuming the maximum periods of perception established. It may also authorise unemployment benefits to be granted to workers included in those files which do not have the necessary periods of contribution to have rights to them.

2. Companies and self-employed persons not included in the Special Agricultural Social Security Scheme may request and obtain, on the basis of the damages suffered, a moratorium of one year without interest in the payment of their Social security contributions for the months of August to October 1995, inclusive.

The self-employed persons included in the Special Agricultural Social Security Scheme shall be exempt from payment of their monthly fixed fees for the months of August to October 1995, inclusive, with the right to return, where appropriate, of those already entered.

Also, exemption is granted in the payment of the quotas of the Special Agrarian System of Social Security for the actual days corresponding to the months of August to October 1995, with the right to return, in its case, of those already paid.

3. The National Employment Institute may establish concerts with the Autonomous Communities, agencies of the General Administration of the State and Local Entities, to remedy the damage caused by torrential rains and floods, as well as to to carry out works for the repair of public services, by means of social partnership works, for which the competition of unemployed persons receiving unemployment benefits will be sought, as provided for in Article 213.3 of the text recast of the General Law of Social Security, approved by Royal Decree legislative 1/1994, of 20 June.

4. Cooperative societies, public limited liability companies and other beneficiaries of the extinct National Work Protection Fund may request and obtain, on the basis of damages suffered, a one-year moratorium. no interest in the payment of the amounts to be repaid on the basis of the loans granted by the National Labour Protection Fund for the second half of 1995 and 1996.

Article 7.

1. For the purposes of Article 73 of Law 13/1995, of 18 May, of Contracts of Public Administrations, and concordant of the General Regulations of Contracting, they shall be considered as works, services, acquisitions or supplies (i) the repair of infrastructure and equipment, whatever the value of the equipment. The emergency consideration will also be given to the replacement works of goods damaged by torrential rains and floods, provided that the unit value of those is less than 500,000,000 pesetas.

2. The damage caused by hydraulic infrastructure, irrigation and roads in the affected province is declared as urgent, and the exceptional scheme provided for in Article 73 of Law 13/1995 of 18 May be applied to repair works. In May, the Public Administration Contracts.

3. Such works shall be implied by the urgent consideration of the effects of the application of Article 52 of the Compulsory Expropriation Act and of the urgent processing, in accordance with Article 90 of the General State Contracting Regulations, in relationship to the procurement files for technical assistance, works and supplies.

4. The processing of the procurement files shall be subject to the prior requirement for the availability of land referred to in Articles 81 and 83 of the General State Contracting Regulation, without prejudice to the fact that its effective occupation does not until the completion of the occupation act.

Article 8.

1. An extraordinary credit is granted, initially provided with 800,000,000 pesetas, with the character of extensible, to the current budget of State expenditure, Section 31, "Expenditure of various Ministries", Service 02 " Directorate General of Budgets. Expenditure of the Ministry of Health, Program 633K "Emergency actions in the event of natural disasters", Concept 486, " For any order resulting from the application of Royal Decree-Law 9/1995 of 8 September, any are the nature of the expenditure and the recipient of the expenditure. "

The Minister of Economy and Finance, on a proposal from the Commission referred to in Article 11 of this Royal Decree-Law, may authorize the necessary transfers from the said credit to the Departments or agencies that the aid, grants or benefits, expenses and investments and other care related to the purpose of the aid. These transfers shall not apply to them the limitations laid down in Article 70 of the recast of the General Budget Law, adopted by Royal Decree No 1091/1988 of 23 September 1988.

2. The extraordinary credit referred to in the preceding paragraph shall be financed by public debt, in accordance with Article 101 of the recast text.

3. The remainder of the credit indicated at the end of the 1995 financial year may be incorporated in the budget for the following financial year, with the same extensible character.

Article 9.

The Institute of Official Credit (ICO), as the financial agency of the State, will propose an agreement with the financial institutions with implementation in the affected territories, for which the ICO will make available to them, lines The loan of a total of 500,000,000 pesetas, which may be extended by the Ministry of Economy and Finance, according to the assessment of the damages and the consequent demand.

These loan lines will be designed to anticipate the repair or replacement of industrial and commercial installations, agricultural and work premises of professionals who have been used as as a result of the recent torrential rains and floods, and will materialise in loan operations granted by those financial institutions whose characteristics will be:

1. Amount: the damage assessed by the Civil Government of the province of Guadalajara.

2. Deadline: the deadline set between the parties, with a maximum of one year.

3. Interest: the type of transfer by the ICO to the financial institutions shall be 6 per 100 TAE, with a maximum intermediation margin for the same of 1,5 per 100. As a result, the maximum final rate for the borrower will be 7,5 per 100 SAD.

4. Processing: applications shall be submitted to the financial institution which shall decide on the granting of the loan, the risk of the operation being at its expense.

5. The fact that for the ICO the differential between the market cost of obtaining the resources and the aforementioned type of 6 per 100 SAD, will be covered by the General Budget of the State.

Article 10.

The Ministry for Public Administrations is empowered, in the framework of the State's economic cooperation to the investments of the local entities, and in accordance with the provisions of the following article 11.2, to proceed to the payment of the grants referred to in Article 1, from the specific credit whose transfer has been authorised by the Minister for Economic Affairs and Finance, by virtue of the extraordinary credit which endows the present Royal Decree-law.

The local entities will execute the approved works, giving an account at the end of each natural quarter of the state of its execution to the Ministry for Public Administrations, through the Directorate General of Economic Action Territorial.

Article 11.

1. An Inter-Ministerial Commission is hereby established for the implementation of the measures set out in this Royal Decree-Law, composed of representatives of the Presidency of the Government and the Ministries of Justice and Interior; of the Economy and the Treasury; Public Works, Transport and the Environment; Labour and Social Security; Industry and Energy; Agriculture, Fisheries and Food, and for the Public Administrations, as well as the Government Delegate in Castilla-La Mancha and the Governor Province of Guadalajara.

2. The determination and overall assessment of the needs to be met with the measures provided for in this Royal Decree-Law shall be carried out by the Commission referred to in the preceding number in coordination with the authorities of the Community. Autonomous de Castilla-La Mancha, through the Delegation of the Government in the same, and with the Provincial Commission of Government of Guadalajara.

Single additional disposition.

What is established in this Royal Decree-Law is without prejudice to the powers of the Autonomous Community of Castilla-La Mancha under its Statute of Autonomy.

Final disposition first.

The Government and the various ministerial departments, within the scope of their powers, will dictate the necessary provisions and set the deadlines for the implementation of the provisions of this Royal Decree-Law.

Final disposition second.

In addition to the provisions of the Order of the Ministry of the Interior of 18 March 1993, the Ministry of Justice and Home Affairs will regulate the granting of aid to family units or co-living units for the recovery of those personal and material damages to be determined, as well as the degree of compatibility between them.

Final disposition third.

This Royal Decree-law will enter into force on the day of its publication in the "Official State Gazette".

Given in Palma de Mallorca to 8 September 1995.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ