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Royal Decree-Law 20/1982, Of 23 October, On Urgent Measures To Repair The Damage Caused By The Recent Floods.

Original Language Title: Real Decreto-ley 20/1982, de 23 de octubre, sobre medidas urgentes para reparar los daƱos causados por las recientes inundaciones.

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TEXT

Major floods in the provinces of Valencia, Alicante, Murcia and Albacete have caused considerable damage and losses in housing and in industry, agriculture and commerce.

Therefore, it is necessary to issue urgently a set of measures designed to accommodate the performance in the damaged areas to the situation created by the losses caused. by the granting of tax moratoria and in payments for Social Security, and of special lines of official credit. In addition, all measures are envisaged to ensure in a flexible and rapid manner the financing of expenditure resulting from the damage incurred, as well as the streamlining of the reconstruction and repair of public services. affected.

In its virtue, in the use of the authorization contained in the article eighty-six of the Spanish Constitution g after deliberation of the Council of Ministers at its meeting of the twenty-third day of October of a thousand nine hundred and eighty-two, Available:

Article first

The territory of the municipalities of the provinces of Valencia, Alicante, Murcia and Albacete affected by the recent floods is declared a catastrophic area.

The determination of the municipal terms affected will be done by the Minister of the Interior, with the application of the regime prevented in the Royal Decree three thousand four hundred and eighteen thousand nine hundred and seventy eight, twenty-nine December, on Actuations in Special Action Comarcas.

Article 2.

They are declared to be indeft on the nineteenth to the twenty-sixth of October of a thousand nine hundred and eighty-two, both inclusive, in the municipal terms referred to in the previous article, to all kinds of civil, notarial effects, commercial, administrative and judicial.

The indefable days mentioned will be discounted in the calculation of the deadlines established for each case, with the actions and actions that could not take place in the eight working days following the case. On 26 October, in the event that the relevant terms have expired or the terms subtracted from it were less than eight working days and without prejudice to the validity of the proceedings and proceedings in those days indeft, if they have been made with all legal requirements and even with the presence or oral or written hearing of the interested parties, if necessary.

Article 3.

Moratorium is granted for the following payment obligations:

One. Mortgages and pignoraticios, their amortisation and interest, due or that they sell in the period of nineteen of October of a thousand nine hundred and eighty two to fifteen of January of one thousand nine hundred and eighty three, both inclusive, when the goods taxed on mortgages or made up of a garment have been damaged and are situated in the municipal terms referred to in the first article.

Two. Credits of any class due or maturing in the period indicated above:

(a) Against resident persons or entities domiciled in the municipal terms referred to in the first article 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.

Three. After the period of duration of the moratorium set out in the preceding paragraphs, the abovementioned appropriations 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

One. Exemption from the quotas for Rustic and Pequaria and Urban Territorial Contributions and the tax licences for commercial and industrial activities and for professionals and artists, corresponding to one thousand nine hundred and eighty-two years, affecting agricultural holdings, urban farms, industrial and commercial establishments and local work of professionals damaged as a direct result of the recent floods, located in the municipalities referred to in the Article first. This exemption shall include that of legally authorized arbitrations and surcharges on the taxes cited.

Two. The taxpayers, who are entitled to the exemption provided for in the previous paragraph, would have satisfied the receipts for the financial year of one thousand nine hundred and eighty-two, may request the refund of the amounts entered.

Three. Taxable persons and holders of all kinds of State taxes, who are affected by the damages expressed in the municipal terms referred to in the first article of this Royal Decree-Law, may request the Ministry of Hacienda the deferment or fractionation of the tax debts, the period of which ends from the twenty-fifth of October until the twenty-fifth of November, in accordance with the procedure laid down in the legislation in force.

The deferment or fractionation referred to in the preceding paragraph shall be requested before 1 December of one thousand nine hundred and eighty-two and shall benefit the taxable persons and holders even if the the time limits for the voluntary entry of the respective tax debts.

In cases where there are doubts about the origin of the benefits in question, the Tax Administration may request a report from the Commissions referred to in Article 11 of this Royal Decree-Law.

Four. The reduction in revenue which the rules of this Article produces in the Councils and Provincial Diputations shall be subsidised by the specific allocation of their amount from the resources derived from Articles 24 and 24. Twenty-six of the Law forty-four/a thousand nine hundred and eighty-one of twenty-six December, and of which, for the same purpose, are recorded in the General Budget of the State of one thousand nine hundred and eighty-three, with the deduction to the carry out the liquidation of the units derived from them.

Article 5.

One. Exemption is granted in the payment of the fees for theoretical days of the Agrarian Social Security, corresponding to the current financial year of one thousand nine hundred and eighty two, in the terms mentioned in the fourth article of the Royal Present Decree-Law the quotas of the Rustic and Pecuaria Territorial Contribution, with the right to return, where appropriate.

Two. 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 corresponding to the last quarter of the current year.

Three. The case for a number of cases of damage caused by the floods will be taken into account as a result of a situation of force majeure with the consequences arising from the floods and which are provided for in the Articles 40 and seven and fifty and one of the Staff Regulations and twenty-three of the Basic Employment Law.

Article 6.

To the effects foreseen in the articles twenty-seven and thirty-seven of the Law of State Contracts and concordant of its Rules of Procedure and, if necessary, in the articles one hundred and fourteen and seventeen of the Royal Decree three thousand Forty-six/thousand nine hundred and seventy-seven, of six of October, for which the partial text of the Law of Bases of the Statute of Local Regime is approved, will have the consideration of works, services, acquisitions or supplies of Repair of infrastructure and equipment, whatever the value of the equipment and the entities affected public and the restoration of goods damaged by the floods, provided that the unit value of the goods is less than one hundred million pesetas.

Item seventh.

The Minister of Public Works and Urbanism is empowered to acquire the official and pre-fabricated houses of protection, in the Municipalities that determine the Commissions mentioned in the 11th article of the present Royal Decree-law, without the need for a prior procurement file and immediately giving the Council of Ministers an account.

Article 8.

One. The Government is authorized to use the remaining uncommitted in the appropriations of the General Budget of the State of the thousand nine hundred and eighty-two, to finance the actions that are derived from the present Royal Decree-Law and the foreseen in the Royal Decree six hundred and ninety-two/thousand nine hundred and eighty-one, of twenty-seven of March.

Two. The Ministry of Finance, at the initiative of the Ministerial Departments, will transfer the remaining uncommitted to the concept contained in Section sixteen of the following budgets: Ministry of the Interior, Service Zero one Ministry, Sub-Secretariat and General Services, application four hundred and eighty-two, which for the attentions derived from this Royal Decree-Law, which may affect any recipient, will have an extensible character, or to the credits of the different Ministerial departments and bodies that have to carry out the approved actions.

The Ministry of Finance will be able to incorporate into this concept the uninvested remnants of capital operations or current transfers, from the budget of one thousand nine hundred and eighty-one.

Three. Where grants or benefits, expenses, investments, financing or reintegrating are to be made by other ministries or bodies other than the one to which the credit referred to in the previous paragraph is attached, the Ministry You will be able to transfer the available remnants even with the creation of new concepts, whatever their nature. If the transfers refer to the same Chapter and Service of a Department, the transfers shall be authorized by the Head of the Department, notifying the Minister of Finance for consolidation in accounts.

The uninvested balances resulting from the previous operations may be incorporated into the budget of one thousand nine hundred and eighty-three, for their use in the same approved actions.

Four. The remnants of the Fund to Protect the Unemployment from the Budget of one thousand nine hundred and eighty-two that can be used in other actions will be spare parts in a thousand nine hundred and eighty-three.

Five. The Ministries and Agencies which have to make investments involving commitments of expenditure from future financial year appropriations may commit appropriations up to one hundred per cent of the allocations in force in a thousand nine hundred and eighty-five years. two, provided that the excess resulting from the provisions of Article 60 and one of the General Budget Law is a consequence of the provisions of this Royal Decree-Law or of the authorizations which have previously been approved under cover of the provisions of the General Budget Law.

Article ninth.

One. The ICO is authorized to arrange credit operations for an amount to be determined by the Minister of Economy and Trade, in addition to those provided for in the State Budget Law for a thousand nine hundred and eighty-two and Royal Decree-Law. Six to one thousand nine hundred and eighty-two, of two April, with the sole purpose of financing the exceptional credits that the Government may agree to pay to the persons or entities that have suffered direct damages as a result of the floods.

Two. The State shall compensate the ICO for the difference between the seven per cent interest rate provided for the official appropriations granted by the Government in favour of the Local Corporations, Persons or Entities affected by the floods and the (i) 11% or, where appropriate, that which the Institute is aware of with the financial institutions in the part financed by them.

Three. The credits granted by the Local Credit Bank to the Local Corporations for performances derived from this Royal Decree-Law will not be computed for the effects foreseen in the article one hundred and sixty three of the Royal Decree three thousand two hundred Fifty-thousand nine hundred and seventy-six, of thirty December.

Article 10.

The Minister of Agriculture, Fisheries and Food is empowered to declare special performance zones of the IRYDA to the affected areas, in order to restore as much as possible the situation prior to the disaster.

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

Item 11th.

The determination and assessment of the needs to be met with the measures provided for in this Royal Decree-Law, as well as its monitoring, will be carried out in each of the provinces of Valencia, Alicante, Murcia and Albacete, by its respective Provincial Government Commission, with the advice it deems appropriate, in accordance with the provisions of the fifth article of the Royal Decree of twenty-seven of March of a thousand nine hundred and eighty-one. on Civil Protection. The actions of the Provincial Commissions will be coordinated by the National Civil Protection Commission.

The respective civil governors in the field of their competences, in accordance with Article 12 of the Staff Regulations, will especially take care of the implementation of this Royal Decree-Law coordinating the various services and flaunting the government's representation that is accurate.

Article twelfth.

The various ministerial departments are authorized to dictate the provisions or to adopt the necessary measures for the implementation of the provisions of this Royal Decree.

Article 13th.

This Royal Decree-law will enter into force on the same day as its publication in the Official Journal of the State.

Given in Madrid to twenty-three of October of a thousand nine hundred and eighty-two.-JUAN CARLOS R.-The President of the Government, Leopoldo Calvo-Sotelo and Bustelo.