The changes in the competence of nature conservation schemes, as a consequence of the new configuration of the State, make it necessary to review the regulations governing the payment of compensation for expenses. (a) the creation of a new system of forest fires to adapt to the new conditions imposed by the State of the Autonomous Region, and as an essential complement to the transfer of functions and services carried out in this field.

In its virtue, with the favourable report of the Ministry of Economy and Finance, on the proposal of the Minister of Agriculture, Fisheries and Food and after deliberation of the Council of Ministers at its meeting on July 29, 1988,

DISPONGO:

Article 1. º

1. Until such time as the Forest Fire Compensation Fund, as referred to in Law 81/1968 of 5 December, and the Regulation for its implementation, approved by Decree 3769/1972 of 23 December 1972, the compensation of the the costs of extinguishing fires produced in mountains managed-two by the State Administration or by the Autonomous Communities shall be governed by this Royal Decree.

2. Such compensation shall be incurred as a result of the extraordinary intervention of personnel and means mobilized for extinction in accordance with Articles 12 and 13 of that Law, with the exception of such compensation. expenditure arising from the intervention of the media, human or material, attached to the extinguishing work either permanently or temporarily.

For the purposes of this Royal Decree, the following concepts are defined as compensation:

A) Staff expenses:

a) Jornals of civil personnel mobilised.

b) Plays accrued by members of the Armed Forces and the Civil Guard, in accordance with the current regulations on compensation for service reason.

B) Transport and rental expenses for machinery:

(a) The amount of fuel consumption consumed by official vehicles, whether civilian or military, that have participated in the extinction in transportation missions.

(b) The amount of the rent, at the usual rates in the zone, of the vehicles mobilized for transport by the Civil Authority, by the Autonomous Agency that is responsible for the extinction or by the ICONA in the mountains in charge of it, Where no official or available vehicles are available, they are insufficient.

(c) The amount at usual rates, from the rental of heavy machinery mobilised to the effect under the same conditions under the previous heading.

C) The costs of victualling comprising the amounts of the food and beverages consumed in the same place of the fire by the personnel who have intervened in the extinction.

D) The expenses arising from the deterioration of the garments or uniforms of the personnel of the Armed Forces and Civil Guard interveners in the disaster.

E) The costs arising from the repair or replacement of vehicles and machinery on a rollover or fire when such risk is not covered by an insurance policy.

F) The expenditure arising from the use of means provided by other countries in accordance with the provisions of mutual assistance agreements in emergencies.

Art. 2. º

1. Compensation shall be met by the Insurance Compensation Consortium under the Forest Fire Compensation Fund and within the amount of the envelope referred to in Article 5.

2. For these purposes, the allocation will be distributed in as many parts or quotas as Autonomous Communities have made budgetary provision for the prevention and extinction of forest fires, each of these quotas being directly proportional to the amount of the budgetary allocation in capital operations for the same purposes of the respective Autonomous Community.

Expenses exceeding the quota allocated to an Autonomous Community shall be paid by the Fund only if it remains in the total allocation, after the end of the financial year. In the absence of such a balance, the obligation for the Fund shall be cancelled at the end of the calendar year in which the expenditure was incurred.

3. The compensation shall be made to the authority which has incurred the expenditure by means of certifications which it has actually paid for the concepts referred to in Article

.

Certifications will be issued by:

(a) The ICONA for the expenses incurred in funds in your charge.

(b) The administrative body which has jurisdiction in each Autonomous Community for the purposes of carrying out the costs of extinction in the mountains in charge of it.

(c) The Regional Military Authority to which the Units of the Armed Forces have incurred the expenses.

d) The corresponding Civil Guard Command.

The Insurance Compensation Consortium will be able to request any additional documentation it deems necessary, as well as perform the expert reports that proceed.

Art. 3. º

Expense certifications will be referred to the Forest Fire Compensation Fund within three months of the date of the burning of the fire and, in any case, before January 31 of the following year.

Art. 4. º

The ICONA will provide the Forest Fire Compensation Fund with the advice requested by the Fund in matters relating to the matters covered by this Royal Decree.

Art. 5. º

1. The Forest Fire Compensation Fund will, for this purpose, be provided with the envelope to be included in the Annual Plan for Combined Agricultural Insurance for Forest Fire Insurance, and integrated into the state subsidy to be provided by the State. appear in the General Budget of the State in accordance with Royal Decree 2329/1979 of 14 September 1979 on the application of the Regulation for the application of Law 87/1978 of 28 December 1978 on Combined Agricultural Insurance.

2. The State Entity for Agricultural Insurance shall enter in the budget of the Annual Plan of Agricultural Insurance Combined the items necessary to cover that envelope. In the case of surplus production, the allocation for the following year shall be cumulated.

3. The budget allocation approved in each Annual Plan of Combined Agricultural Insurance will be transferred in full to the Forest Fire Compensation Fund, upon request of this Agency.

ADDITIONAL DISPOSITION

The Ministers of Agriculture, Fisheries and Food and the Economy and Finance are hereby authorized to make the necessary provisions for the development of this Royal Decree in the field of their respective powers.

REPEAL PROVISION

All provisions of the same or lower rank are repealed as opposed to the provisions of this Royal Decree.

FINAL DISPOSITION

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State", being however applicable to the costs arising from the forest fires that have occurred from on 1 January 1988.

Given in Palma de Mallorca to July 29, 1988.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries and Food,

CARLOS ROMERO HERRERA