Advanced Search

Royal Decree-Law 4/1987, Of 13 November, That Urgent Measures Are Taken To Repair The Damage Caused By The Floods In The Autonomous Community Of Valencia And The Autonomous Community Of The Region Of Murcia.

Original Language Title: Real Decreto-ley 4/1987, de 13 de noviembre, por el que se adoptan medidas urgentes para reparar los daños causados por las inundaciones ocurridas en la Comunidad Autónoma Valenciana y en la Comunidad Autónoma de la Región de Murcia.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

The Autonomous Community of Valencia and the Autonomous Community of the Region of Murcia have been affected by significant damage and losses in public services, housing, industry, agriculture and trade. recent floods produced in the same.

As a result, it is essential to urgently adopt a set of measures to accommodate the action of the public administration in the disaster areas, the situation created and to contribute to the restoration of the (a) rules governing procedures which ensure, in a flexible and rapid manner, the financing of the costs of repairing the damage produced and the rehabilitation of the public facilities and services concerned.

In order to meet the immediate needs of the affected population and to alleviate, as far as possible, the substantial damage caused, the measures taken must be implemented through appropriate coordination of actions. between the authorities of the Central Administration and the respective Autonomous Communities.

In its virtue, in use of the authorization contained in article 86 of the Spanish Constitution, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the 13th of November 1987,

DISPONGO:

Article 1. º

1. The territory of the municipalities of the Autonomous Community of Valencia and the Autonomous Community of the Region of Murcia affected by the recent floods is declared a catastrophic area.

2. The determination of the municipal terms, or the areas thereof, will be done by the Ministry of the Interior, being of application to the projects that the Local Corporations and the Autonomous Community of the Region of Murcia are implementing relative to the works for the repair of the services and facilities of the municipalities and Diputations concerned, the emergency procedure and the State grant of 50 per 100 of the cost of such projects.

3. The basic services and facilities covered by this aid are those related to Article 26 of Law 7/1985 of 2 April, the regulation of the Local Government Bases, as well as the road network of local ownership and the works provided for in the actions in special action districts.

Article 2. º

1. They are declared to be indefable on 3 to 11 November, both inclusive, in the municipal terms referred to in the previous article, to all kinds of civil, notarial, commercial, administrative and judicial effects.

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 11 November, in the case of the expiry of the corresponding or the remainder of the term of the said eight working days, and without prejudice to the validity of the proceedings and proceedings in those working days, if they had been made with all legal requirements and even with the presence or verbal or written hearing of stakeholders, if necessary.

3. The time limit for the claim for extraordinary claims caused by the extraordinary rainfall and floods on 3, 4 and 5 November will be forty days.

4. All Combined Agricultural Insurance policies, subscribed under the 1987 and subsequent Agrarian Insurance Plan, will be included within the Insurance Compensation Consortium's extraordinary risk coverage, in accordance with the provisions of the Royal Decree 2022/1986 of 29 August.

Item 3.

Moratorium is granted for the following payment obligations:

1. Mortgages and pignoraticios, their amortisation and interest due or maturing in a period of 4 November 1987 to 5 February 1988, both inclusive, where the goods taxed on a mortgage or a garment have suffered damage and are located in the municipal terms referred to in Article

.

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

(a) Against persons resident in entities domiciled in the municipal terms referred to in Article 1, and who hold rustic or urban estates, industrial or commercial facilities or holdings, always they have suffered damage to them or that their ability to pay is diminished as a result of the claims produced by the recent temporary ones, and

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

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

As of 5 February 1988, in which the period of duration of the moratorium set out in the previous paragraphs is concluded, the aforementioned 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.

The covenants and agreements that are freely stipulated by the interested parties after the publication of this Royal Decree, which will not apply to the credits born and the renewed after the same, are left to the date.

Article 4. º

1. Exemption from the quotas for rural and livestock and urban land contributions and the tax licences for commercial and industrial activities and for professionals and artists corresponding to the year 1987 are granted. agricultural holdings, urban estates, industrial and commercial establishments and local work of professionals, damaged as a direct result of the recent floods and situated in the municipalities referred to in Article 1. exemption shall comprise that of the legally authorized arbitrios and recharges on the taxes dictated.

2. The taxpayers who, having the right to the exemption provided for in the previous paragraph, would have satisfied the receipts for the 1987 financial year may request the refund of the quantities entered.

3. The period for the entry of the tax debts resulting from the liquidation of the administration which is on a voluntary basis, and the expiry of which was between 1 November and 20 December 1987, extension until this last date. The procedures for collecting the award procedure are also suspended until 20 December 1987.

Also, the period of filing and entry of statements-liquidations practiced by the subject himself and other statements that result from the fulfilment of formal obligations, the time of which is to end between 1 November and 20 December 1987 shall be extended until that date.

The scope of application of the foregoing paragraphs of this paragraph extends to taxable persons and retainers for any kind of tax that has the tax domicile or, where applicable, the domicile of the business in the municipal terms referred to in Article 1. of this Royal Decree-Law.

4. The amount of the tax amount corresponding to the value added tax in the purchase of Spanish-made cars, which was made to replace others which had suffered total damage, will be reduced by the amount of as a result of the floods, provided that the discharge is justified for such reason in the Traffic Headquarters, and that such acquisition takes place within one year of the date of publication of this Royal Decree-Law.

Also, the processing of the vehicle casualties, requested as a result of the damage suffered by the floods and the issue of duplicates of permits of circulation or of driving destroyed or lost by those The fees for the respective services of the Central Traffic Headquarters shall not be payable.

5. The Ministry of Economy and Finance is hereby authorized to grant, in the proportion and conditions to be determined by it, tariff relief and other taxes and charges on foreign trade in respect of the replacement of materials and equipment damaged by the recent floods, as well as for donations made by third countries of goods of first necessity and urgency, provided that such donations are consigned to authorities or public entities. It may also grant a reduction in the tax quotas resulting from the purchase of materials and goods of national manufacturing equipment to be renewed for the reasons mentioned above.

6. The reduction of income which the rules of this article produce in the Councils and Provincial Diputations shall be subsidized by the specific allocation of their amount, from the resources derived from Articles 58 and 59 of the Law 21/1986 of 23 December 1986 and those which, for the same purpose, are entered in the General Budget of the State of 1988, the deduction being made when the shares resulting from them are settled.

Article 5.

1. The case for the use of the data in the case of the damage caused by the floods will be taken into account as a result of a situation of force majeure, with the consequences arising from it and which are Articles 47 and 51 of the Workers ' Statute and 12.2 of Law 31/1984 of 2 August of Protection for Unemployment.

In cases where the temporary suspension of contracts on the basis of exceptional circumstances is to be resolved, the employment authority may authorise the time when the unemployment benefits are to be collected. The immediate cause of the flooding is not computed for the purpose of consuming the maximum periods of perception established. It may also authorise the receipt of unemployment benefits for workers included in those files which do not have the necessary periods of contribution to be entitled to them.

2. Companies and self-employed persons not included in the Special Agrarian Regime may request and obtain, on the basis of the damages suffered, a postponement of one year, without interest, in the payment of their security contributions. Social partners for the months of November 1987 to February 1988, both inclusive.

3. Self-employed persons included in the Special Agrarian Scheme shall be exempt from payment of their fixed monthly instalments for the financial year 1987, with the right to refund, where appropriate.

The payment of the quota for theoretical and real days of the Agrarian Social Security, corresponding to the financial year 1987, is also granted in the terms mentioned in Article 4. the quotas for the rustic and livestock territorial contribution, with waste to be returned, where appropriate.

4. The Cooperative Societies and the Company's Company may request and obtain, on the basis of the damages suffered, a deferral of one year without interest in the payment of the amounts to be returned for the purpose of the loans with- for the National Fund for Protection of Work for the second half of 1987.

5. The National Employment Institute may establish concerts with the Autonomous Communities, Local Corporations, Central Administration Bodies and Administrative Autonomous Bodies, and others of the same nature, to remedy the damage. (a) the Community's contribution to the development of the European Community's economic and social cohesion policy and the social and economic aspects of the Community's economic and social cohesion and the social and economic aspects of the Community's economic and social cohesion; provided for in Article 10.4 of Law 31/1984 of 2 August.

Article 6.

1. For the purposes of Articles 27 and 37 of the Law on State Contracts and in accordance with its Rules of Procedure and, where applicable, Articles 115 to 117 of the Royal Decree of Law 781/1986 of 18 April 1986, the recast text of the laws in force in the field of Local Regime, they shall have the consideration of works, services, acquisitions or emergency supplies of repair of infrastructures and equipment, whatever their value and the Entities public. The replacement works of damaged goods shall also be considered to be emergency, provided that the unit value of the goods is less than 200 000 pesetas.

2. The damage caused in the hydraulic and irrigation infrastructure in the Autonomous Community of Valencia and the Autonomous Community of the Region of Murcia is declared urgent, and the system is applied to the repair works. Article 27 of the Law on State Contracts is exceptional.

Item 7.

1. The Ministry of Public Works and Urbanism is authorized to execute, with the annuities to be determined by agreements of the Council of Ministers, the necessary actions for the regulation of the Júcar basin and the execution of the plan of defenses in the Segura basin.

2. All works listed in Annex I to this Royal Decree-Law shall be considered to be of general interest and shall include the following considerations:

(a) The urgency for the application of Article 52 of the Compulsory Expropriation Act.

(b) The urgent procedure, in accordance with Article 90 of the General State Contracting Regulation, in relation to the cases of technical assistance, works and supplies.

3. The processing of the procurement files shall be subject to the prior condition of availability of land referred to in Articles 81 and 83 of the General State Contracting Regulation, without prejudice to the effective occupation of those are not done until the occupation act has been formalised.

4. It will be enabled by the Ministry of Economy and Finance, by means of transfer to the budget of the Directorate General of Water Works of the Ministry of Public Works and Urbanism, Chapter 6, program 512-A, concept 697, with funding from the extraordinary credit referred to in Article 8. º of this Royal Decree-Law, a credit of 7,504,000,000 pesetas to deal with the expenses of extraordinary repairs for 5,000,000,000 pesetas plus the 2,504,000,000 corresponding to the annuity of 1987 of the works of regulation of the Júcar basin and the plan of defenses in the Segura basin.

5. The Ministry of Public Works and Urbanism is authorized to contract the works and to commit the established credits up to 100 per 100 of each of the annuities referred to in paragraph 1 of this article.

Article 8. º

1. An extraordinary credit is granted initially with 40,000,000,000 pesetas, with the character of extensible, to the current State Expenditure Budget, Section 31, "Expenditure of various Ministries"; Service 02, " Directorate General of Budgets "; programme 631.K, "Emergency action in the event of natural disasters"; concept 481, " For any order resulting from the implementation of Royal Decree-Law 4/1987 of 13 November, whatever the nature of the expenditure and the recipient of the same ".

This appropriation will be allocated by the Ministry of Economy and Finance, on a proposal from the Commission referred to in Article 13 of this Royal Decree-Law, to the Departments and Agencies that are in charge of the aid, grants or benefits, expenses and investments and other care related to the purpose of the same.

2. The extraordinary credit referred to in the preceding number shall be financed:

(a) By means of a reduction in the total or partial amount of the appropriations not provided by the General Budget of the State for 1987 to be proposed by the departments or bodies concerned.

(b) The part not covered by the losses referred to in the previous paragraph, with recourse to the Banco de España or to Public Debt, in accordance with the provisions of Article 38 of Law 21/1986 of 23 December 1986 on Budgets State generals for 1987.

3. The remaining amount of the credit indicated at the end of the 1987 financial year may be incorporated into the budget for the following financial year with the same extensible character.

Article 9. º

1. The Institute of Official Credit is authorized to arrange credit operations, for an amount to be determined by the Ministry of Economy and Finance, in addition to those provided for in the General Budget Law for 1987, with the aim of exclusive to finance exceptional claims which the Government may agree to provide to persons or entities which have suffered direct damage as a result of the flooding.

2. A three-year moratorium is granted for those concerned who have outstanding claims with the Institute of Official Credit as a result of the declaration of a catastrophic area by the 1982 floods in the Autonomous Communities of Valencia and from Murcia.

3. The State shall compensate the Institute of Official Credit for the difference between the interest rate of 7 per 100, provided for the official credits granted by the Government in favour of the Local Corporations, persons or entities affected by the the floods, and the 13,5 per 100 or, where appropriate, that which the Institute is aware of with the financial institutions in the part financed by them.

4. The credits granted by the Local Credit Bank to the Local Corporations for actions derived from this Royal Decree-Law shall not be computed for the purposes provided for in Article 424 of the Royal Legislative Decree 781/1986, of 18 April, by The text of the recast of the current legal provisions in the field of Local Regime is approved.

Article 10.

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 that are dependent on the Department to restore the the situation prior to the disaster.

For the purposes indicated, the hydrological restoration and soil conservation works in the water catchment areas of the Júcar and the Segura will be declared as a matter of urgency.

The financing of these investments shall be made, in accordance with the details set out in Annex II, in accordance with the arrangements set out in Article 8.1 of this Royal Decree-Law.

The FORPPA is authorized to use the SENPA to purchase legumes for human consumption to be used as food aid.

By the Ministry of Agriculture, Fisheries and Food, the necessary implementing rules for the application of the benefits provided for in the current legislation on agrarian reform and development for the national interest, although the modifications imposed by the peculiar characteristics of the damage suffered are being introduced in the classification and execution of the works.

Article 11.

1. The Ministry for Public Administrations is empowered, in the framework of the State's economic cooperation with the Local Government, and in accordance with the provisions of Article 13.2 below, to proceed with the release of the grants. referred to in Article 1, with the specific credit assigned by the Ministry of Economic Affairs and Finance under the extraordinary credit which is given by the present Royal Decree-Law.

2. The affected local corporations and the Autonomous Community of the Region of Murcia will execute the approved works, realizing at the end of each natural quarter of the state of execution of the works to the Ministry for the Public Administrations of the Directorate-General for Territorial Economic Analysis.

Article 12.

The Government, appreciating the circumstances of the catastrophic damage and prior report of the Autonomous Communities concerned, may determine the State's participation in the expenses resulting from the damage to the goods and services transferred to the Autonomous Communities.

Article 13.

1. An Inter-Ministerial Commission is hereby established for the implementation and monitoring of the measures set out in this Royal Decree-Law, composed of representatives of the Ministries of the Interior; Economic and Financial Affairs; Industry and Energy; Social Security; Agriculture, Fisheries and Food; Public Works and Urbanism; Transport, Tourism and Communications; and for Public Administrations, as well as Government Delegates and Civil Governors of the territories. affected.

2. The determination and 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 Autonomous Communities and the corresponding Provincial Government Commissions.

Article 14.

The Government and the various Ministerial Departments, in the field of their competences, will dictate the necessary provisions for the implementation of the provisions of this Royal Decree-Law.

ADDITIONAL DISPOSITION

1. The provisions of this Royal Decree-Law are without prejudice to the powers that correspond to the Autonomous Communities under their respective Statutes of Autonomy.

2. The Government shall determine the time limits for applications for aid and benefits and the implementation of other measures provided for in this Royal Decree-Law.

FINAL DISPOSITION

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

Given in Madrid to 13 November 1987.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ

ANNEX I

Planned execution schedule of the works

Take Action

Total Cost

Annuities

Presa Escalona

3.173.5

1987-1990

2.552.4

2.552.4

1987-1991

Presa Tous

15.525.6

1987-1992

Total Jucar Basin

21.251.5

-

Presa del Moro and Complementary Works

754

1987-1990

1,716

1987-1991

1987-1991

Regueron

505

1987-1989

710

710

1987-1990

950

950

1987-1990

Argos-Quipar Relieved Channel

800

1988-1991

300

300

1987-1990

1,500

1,500

1987-1991

Encauting Murcia-Beniel

1,250

1987-1991

2,150

1987-1992

1,800

1987-1992

Roural Presa

1.493

1989-1992

Rambla Hondon

450

1989-1991

600

600

1990-1992

I. Rio World (second phase) defense program

1,600

1990-1992

Surroos Dam

800

1991-1992

Regrowth Dam

1,500

1989-1992

Total Segura Basin

18.878

-

Total

40.129.5

-

EXTRAORDINARY FUNDING

(In millions of pesetas)

Total

1987

1988

1989

1990

1991

1992

Sugar Basin

11.787.7

476.3

3.474.6

2.346.6

293.4

3,500

7.629.8

807

120,2

360.8

516

1.112.8

4,713

Total

19.417.5

2.504

596.5

3.835, 4

2.862.4

1.406.2

8.213

ANNEX II

Endowment of credit to address actions of a forest nature

(In millions of pesetas)

Hydrological basins

-

Valencia Autonomous Community

Total

Hydrological Restoration

Soil Conservation

Total

Forest hydrological restore

Soil conservation

Total

River

2,150

350

2,500

-

-

-

-

-

-

-

1,350

150

1,500

Total

Total

350

2,500

1,350

150

1,500

4,000