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Resolution Of December 28, 2012, Of The Secretariat, Which Publishes The Agreement Of The Council Of Ministers From December 28, 2012, Which Approves The Combined Agricultural Insurance Plan For The Financial Year 2013.

Original Language Title: Resolución de 28 de diciembre de 2012, de la Subsecretaría, por la que se publica el Acuerdo del Consejo de Ministros de 28 de diciembre de 2012, por el que se aprueba el Plan de Seguros Agrarios Combinados para el ejercicio 2013.

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TEXT

The Council of Ministers at its meeting on 28 December 2012, on a proposal from the Minister for Agriculture, Food and the Environment, has adopted the Combined Agricultural Insurance Scheme for the financial year 2013.

Considering the need for the aforementioned Plan to receive the widest dissemination for the importance that the agricultural sector has to have the actions that are contemplated, the publication of the aforementioned Agreement as annexed to this Resolution.

Madrid, December 28, 2012. -Undersecretary of Agriculture, Food and Environment, Jaime Haddad Sanchez de Cueto.

ANNEX

Agreement of the Council of Ministers approving the Combined Agricultural Insurance Plan for the financial year 2013

First. Regulatory framework.

The Combined Agricultural Insurance Scheme 2013 is established under the provisions of Article 5 of Title II of Law 87/1978 of 28 December on combined agricultural insurance and taking into account the guidelines contained in the Bases Agreement for the preparation of the combined agricultural insurance plans for the three-year period 2013 to 2015, approved by the Government's Delegated Committee for Economic Affairs on 26 July 2012.

Second. Objectives of the Plan.

The implementation of these guidelines, which, as far as the definition of agricultural insurance policy is concerned in the financial year 2013, will be further specified in the action lines of this Plan of Agricultural Insurance shall be aimed at achieving the following objectives:

a) Review the grant allocation criteria by adapting them to budget availability, optimizing resources and facilitating their implementation, management and control.

b) Advancing the development of the agricultural insurance system, in order to achieve a level of implementation that allows agricultural, livestock, forestry and aquaculture producers to count, at a cost adjusted and acceptable to producers for the risks covered, with a basic guarantee of protection against the consequences arising from the occurrence of the set of non-controllable natural phenomena, universalising the guarantees that are made available to the sector.

Improve insurance management procedures and information that is provided to the insured, both in hiring and in the process of assessing damages.

Third. Scope of the Plan.

The scope for the implementation of the different insurance lines that make up the Plan will be, in general, the totality of the farms located in the national territory. However, in order to achieve an adequate development of each of the lines, in duly justified cases it may be limited in the light of climate criteria, the availability of statistical data, structural and management of the insurable production, as well as other criteria related to the degree of incidence of natural hazards.

Fourth. Insurance included in the Plan.

1. The 2013 Plan will include the insurance lines set out in the Annex, as well as the following guarantees that will be incorporated within the deadlines provided for in the same Plan, after the studies necessary to establish its viability and the The following coverage conditions are indicated below:

(a) A cover covering the compulsory culls for caprine tuberculosis in the sheep and goat line for the Autonomous Community of the Region of Murcia shall be included.

(b) The definition of risk "other climatic adversities" will be advanced so that they can be included in at least Module 1, provided that it is technically and economically feasible, all those risks that may occur within the warranty period.

(c) The production of bimi shall be included in the growing coverage insurance for successive cycle horticultural holdings.

d) The production of pineapple pinonera will be included in the insurance of growing coverage for forest holdings.

In addition, the review of the conditionalities of the different insurance lines will continue, in particular, to encourage their adaptation to the real conditions of the crop, to the characteristics of the risk, to the the destination of the production, the size and structure of the holding, the risk prevention techniques and the actuarial results of the insurance.

In any case, the incorporation of the previous guarantees to the Annual Plan will require sufficient budgetary availability to meet the cost of the planned grants.

2. Taking into account all of the above mentioned in the Annex, the list of insurable productions that define the insurance lines that make up the Combined Agricultural Insurance Plan 2013 is included in the Annex.

3. For the agricultural and forestry insurance lines set out in point 1 of the said Annex, the insurable risks (which are variable according to the production, the scope and the insurance module) are: Torrential rain-rain, persistent rain, wind, hurricane-force wind, fire, wildlife, non-nascence, lack of curd, virosis, heat stroke, hollowed out in watermelon and other climatic adversities. Also, in the insurance line with increasing coverage for producer and cooperative organizations, the economic damage represented by the coping with the fixed costs of the insurable goods, when there has been a The production entry is in the organization or cooperative. The same risks are covered for the installations as for the production.

4. The guarantee of exceptional damages, which is included in the various insurance lines, incorporates exclusively risks considered as natural disasters, or climatic phenomena similar to natural disasters, according to the Community guidelines on State aid to the agricultural and forestry sector (2006/C 319/01).

Fifth. Actions to be developed for the revision and improvement of the insurance lines.

1. The actions to be carried out in order to improve the technical training of the various insurance lines covered by the agricultural insurance system will be continued. In order to consolidate the advances that have been made in the protection of the agricultural sector, both in the lines of livestock insurance, and in the agricultural sector, through the implementation of the "growing insurance" model, we will work in particular to consolidate and complete the design processes, to promote their adaptation to the real conditions of cultivation, to the characteristics of the risk, to the destination of the productions, to the size and structure of the exploitation, to the techniques of Prevention of risk and actuarial results of insurance with special attention to the following aspects:

1. To adapt the current insurance modules with increasing coverage, to an insurance in which starting from a basic module (mody1), guarantees can be completed voluntarily by the insured. This adaptation will begin its implementation in some of the fall insurance lines.

2. The development of yield insurance for fruit trees, especially designed to cover those risks prior to curation, and which are therefore difficult to assess and quantify in the field, will be advanced.

3. The databases of insurance yields that have them will be updated.

4. º The hedges of Module 2 will be reviewed to include, where appropriate, exceptional damage per holding, thereby reducing the cost of insurance.

5. A biennial insurance model will be designed for olive production.

6. The holdings of cattle and sheep grouped under a quality name (Protected Geographical Indication-PGI) for sheep and goat insurance and bovine animals for meat fitness shall be recognised.

7. The name of the current "pasture drought insurance" line is amended to be called "pasture loss compensation insurance".

8. In order to improve the technical improvement of the different cattle lines, the actions that have been developed will continue, especially in pigs, seeking a simplification of the different management systems and types of animals currently employed in the procurement and valuation process.

9. Advancing the development of the renewable assurance modality as a contribution to the simplification of the procurement process and the loyalty of producers.

2. The implementation of the results of this review will be carried out over the years 2013 and following, in accordance with the work programmes to be established.

In order to carry out these actions, the collaboration with the different territorial commissions of agricultural insurance and the agricultural professional organizations and representative entities of the cooperatives will be intensified. agricultural.

Sixth. Subscription form and minimum damage threshold.

The risks included in the various insurance will be combined in a combined way within the scope defined for each of them. However, in special and duly justified cases, which do not involve anti-selection in the procurement of insurance as well as a lack of solidarity in the compensation of risks, the isolated recruitment of any of the insurance companies may be established. expected risks.

In the definition of the risks and minimum limits of guaranteed damage, account shall be taken of the requirements of the European Union in relation to the definition of natural disasters and adverse climatic events. Similar to natural disasters.

Seventh. Subscription dates and deadlines for making each insurance.

The subscription start dates for the different insurance lines that make up this Plan are set out in the Annex.

The different phases to be followed in the process of drawing up each insurance line will be carried out in advance, in advance of the deadlines indicated below, all of which are referred to the start date of the subscription:

a) Presentation of the feasibility studies required for the incorporation of new lines into insurance plans: 6 months.

b) Studies for the revision and improvement of insurance lines already included in previous plans and meeting of specific working groups: 5 months.

c) Review or elaboration of the rules of assessment: 5 months.

d) Elaboration of the proposal of technical bases, rates and special conditions: 3 months.

e) Celebration of the General Commission of the State Agrarian Insurance Entity (hereinafter ENESA), or of the Commission's Regulatory Group: 2 months.

Eighth. Conditions for the insurance enforcement declaration.

For the purposes of Article 35 of the Regulation for the application of Law 87/1978 of 28 December 1978 on Combined Agricultural Insurance, it shall be deemed to be a continuous area necessary for the declaration of compulsory insurance for a given production, corresponding to homogeneous growing areas, integrated into one or more municipalities, whose cultivated area represents at least 20% of the area cultivated in the region; agricultural.

Ninth. Grant of the cost of insurance. Criteria for their allocation and additional grants.

The rules on subsidies for the payment of premiums, which will be provided by the General Administration of State to each insured for the recruitment of insurance lines under this Plan, will be adjusted to the criteria set out below:

1. Surcharges to the premiums resulting from a high accident rate shall not be eligible.

2. For policies where the cost premium is greater than 30 percent, only the cost up to that percentage will be subsidised.

3. All policies will be subject to a deduction of EUR 60 on the amount of the grant to be paid.

4. A base grant will be established for all policyholders. The percentages of application shall be as set out in the Annex.

5. For the withdrawal and destruction lines, a single grant per species shall be granted for all autonomous communities.

6. A 5 per cent "additional collective procurement grant" will be established for all application groups to policies contracted by policyholders integrated into collectives made up of policyholders entered in the Register established in ENESA, in the terms set out in the 15th section of this Plan.

7. An 'additional subsidy according to the characteristics of the insured' shall be established for farmers, farmers, fish farmers and forest owners who meet one of the following conditions:

(a) To be a farmer or a professional farmer and to be affiliated and to be listed in the General System of Social Security or the Special System for Agricultural Workers, or in the Special System of Social Security of Autonomous Workers in agricultural activity.

(b) To be the holder of a holding qualified as a priority by the competent body of the various Autonomous Communities.

(c) To be the holder of a holding included in a "territorial land contract" as defined in art. 16 of Law 45/2007, of 13 December, for the sustainable development of rural areas.

(d) to be a member of an organisation or group of producers which are constituted under the provisions of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down provisions for the application of Council Regulation (EC) No 1234/2007 in the fruit and vegetables and processed fruit and vegetables sectors and the Royal Decree 1972/2008 of 28 November on the recognition of producer organisations fruit and vegetables.

Exceptionally, this additional subsidy may be charged to insurance line holders with increasing coverage for olive farms, who have applied for the single payment scheme through the submission of the a single application in accordance with the provisions of Royal Decree 202/2012 of 23 January 2012 on the application from 2012 of direct payments to agriculture and livestock farming, and the sole payment entitlements of which come from aid for olive groves.

e) a young farmer who, in the year of the insurance contract or in one of the previous four years, has been granted the aid for the first installation under Council Regulation (EC) No 1698/2005 of 20 December 2005. September 2005 on support for rural development through the European Agricultural Fund for Rural Development (EAFRD).

The grant percentages will be as follows:

Additional Subsidy by Insurance Features (Rest)

Module 1

14

S, 2, and 3

10

Module P

8

P module with growing hedges for farms extensive herbaceous crops (excl. rice and fabs)

4

and aquaculture

10

8. An additional 3 percent contract renewal grant will be established, which will apply to insurance policies of those insured who would have hired the same line as the previous Plan.

9. An "additional subsidy for risk reduction and production conditions" of 3% shall be established for the policies of the agricultural insurance lines contracted in Module 1, where at least one of the following is met: Following requirements:

a) Use of certified seed in at least 80 percent of the cultivated surface of winter cereals, or of leguminous grain.

(b) Polices contracted by farmers integrated into groups established for the defence of plant health (ADV, ASV, ATRIAS), under the conditions to be determined in the regulatory order for insurance grants agriculture.

(c) Polices contracted by farmers in which at least 80 percent of the cultivated area is carried out in accordance with the specific technical standards for the identification of national guarantee of "integrated production", contracted by farmers who are included in the corresponding official records.

d) Polices contracted by farmers in which in at least 80 percent of the area is cultivated according to the specific technical standards to obtain the national qualification of "organic production" by farmers who are included in the corresponding official register.

10. For livestock insurance lines, an additional 5 percent subsidy is established for livestock policies that are integrated into a Livestock Health Defense Pool, under the conditions to be determined in the subsidies for agricultural insurance, for the following lines:

(a) Insurance for the exploitation of bovine animals of meat fitness.

(b) Insurance for the exploitation of breeding and breeding cattle.

c) High genetic stock farm insurance.

(d) Insurance for the exploitation of sheep and goats.

e) Insurance for the exploitation of poultry meat.

f) Insurance for the exploitation of avian livestock.

g) Insurance of exploitation in beekeeping.

h) Insurance for the exploitation of pigs.

11. The State contribution to the payment of the insurance premium for insurance policies with increasing coverage for producer organisations and cooperative societies, to be established in the relevant insurance lines, will be a one-off grant of 45 percent.

12. In the policies contracted by associative entities constituted by farmers, cattlemen, fish farmers and forest owners, with the characteristics accepted by the General Directorate of Insurance and Pension Funds, for the insurance A single grant of the amount referred to below shall apply as a whole of the production of its partners:

Concept

Grant

Module I

53 percent.

of modules, and livestock insurance, except withdrawal and destruction insurance.

45 percent.

For the application of the grants in the policies contracted in the Insurance Plan 2013, by agricultural producers that in the Plan 2011 would have received a total of grants to the agricultural insurance of more than 5,000 euros, shall apply a modulation coefficient equivalent to 5 per cent over the excess of that quantity. This coefficient shall be determined by ENESA, for each insured person, taking into account the total amount of grants received in the 2011 Plan.

This coefficient of modulation shall apply to each insured person defined as that person, natural or legal, or grouping of natural or legal persons, irrespective of the legal form of the group or its members, whose exploitation is located in the Spanish territory and is the holder of the insurance, and it will apply to each of the policies that it contracts, with the exceptions that are followed:

(a) Insured persons who have full or partial exploitation in the Autonomous Community of the Canary Islands shall not be affected by modulation.

(b) This modulation shall not apply to young farmers who receive additional subsidy for this condition.

(c) Policies contracted by associations of farmers, farmers, fish farmers and forest owners will not be affected by the application of modulation. It shall not apply either to the additional guarantee policies applicable to the wine-growing cooperative societies and to the producer organisations which are established on different insurance lines.

(d) For new policyholders to be incorporated into insurance, and therefore, no grants would have been received in the 2011 Plan, only the 5% modulation coefficient will be applied when the subsidy for the policy of insurance exceeds EUR 5,000.

e) In the event of a change of ownership in the insurance policy, in the terms referred to in the order in which the grant of grants from the General Administration of the State to the insurance contracting is regulated In order to ensure that the grant of the additional subsidy for the purposes of the contract renewal is resolved, the grant of the additional grant for the renewal of the contract for these cases will be settled.

Of the amount obtained from the application of the percentage of modulation established will be allocated 505,000 euros to finance measures of promotion and dissemination of the agricultural insurance. The remaining amount will be included in the budget concept for grants to the Agrarian Insurance Scheme.

The Ministry of Agriculture, Food and the Environment will, through Ministerial Order, regulate the criteria for the allocation of funds from modulation, which will be used for actions in support of the agricultural sector. through dissemination and information actions to be carried out by professional and agricultural organizations.

The grants from the Ministry of Agriculture, Food and Environment will be applied by AGROSECURE, after deduction of the bonuses and discounts established in the insurance contract and without taking into account the surcharges. The maximum eligible limit in the form of a coefficient, calculated on the basis of the levy, shall be set for those cost premiums exceeding 30%. The total grant applicable shall be the sum of the percentages set out in this Plan. The subsidy thus obtained will be reduced to 60 euros, and the resulting amount will be applied to the percentage of modulation.

13. No grant shall be paid to insurance policies contracted by insured persons who have the consideration of Public Administration, in accordance with Article 2 of Law No 30/1992 of 26 December 1992, of the Legal Regime of Administrations Public and the Common Administrative Procedure.

10th. Financial contribution to the Plan.

The contribution of the State deemed necessary for the implementation of the various actions contained in this Plan amounts to a total amount of 204.86 million euros, of which the amount of 199.18 million euros will be used as a subsidy for the payment of the 2013 Insurance Plan premiums and settlement of previous plans.

Any mismatches resulting from these actions will be financed, in any case, from the budgets of the Ministry of Agriculture, Food and the Environment.

In the budget of the Ministry of Agriculture, Food and the Environment, the budgetary concept will be maintained with the character of an extensible that will allow the excesses of accidents to be overcome as a result of overcoming the compensation for reinsurance premiums received by the Insurance Compensation Consortium in the total of the agricultural insurance lines.

11th. Limitation to the granting of aid of an extraordinary nature.

The General Administration of the State shall not grant aid, or benefits of an extraordinary nature, in order to alleviate the consequences of the damage caused by the risks referred to in this Plan on the production of insurable.

12th. Aid for the promotion of insurance for agricultural professional organisations and representative bodies of agricultural cooperatives.

In consideration of the objective of promoting insurance, the Ministry of Agriculture, Food and the Environment will be able to subsidize agricultural professional organizations and representative organizations of cooperatives. the limits and conditions which, for this purpose, are laid down in the implementation of actions which are in the interests of the agricultural insurance system in relation to information and assistance to the agricultural producer, the institutional promotion and technical collaboration with ENESA.

13th. Promotion and disclosure of insurance.

The lines of information and dissemination of insurance to the agricultural sector will be strengthened by means of dissemination campaigns in the social media, by means of direct dissemination to the insured and the use of the means to be offered by the new communication technologies for this purpose.

In this work, special attention will be given to the disclosure of the conditions for the assurance of the rules of action in the event of the occurrence of claims and the services of care to the insured.

For the development of the promotion and dissemination tasks, the collaboration of the agricultural professional organizations and organizations of the agricultural cooperatives and other organizations and entities interested in the development of agricultural insurance.

14th. International collaboration in the field of agricultural insurance.

We will promote, from ENESA, collaborative actions with international institutions and governments interested in the development of agricultural risk management models in different countries of the world, especially in actions aimed at promoting institutional strengthening, as well as the improvement, design and dissemination of insurance models aimed at contributing to the stabilization of incomes in the agricultural sector and the strengthening of the resilience of rural populations after the occurrence of natural phenomena controls that cause damage to agricultural, forestry and aquaculture production.

15th. Record of takers for collective hiring.

For policyholders to be able to access the additional grant for collective bargaining, the taker must be registered in the corresponding Register of policyholders established for the purpose at ENESA, created by Order of the time Ministry of Agriculture, Fisheries and Food, dated 23 October 1998, establishing the Register of policyholders for the collective procurement of agricultural insurance combined.

sixteenth. Reinsurance arrangements and stabilisation reserve.

1. The Ministry of Economy and Competitiveness shall establish the reinsurance regime applicable to the Plan, being able to assign to each group of lines, a different coverage according to its greater or lesser requirement of financial protection. You can also give individualized treatment to certain risks.

2. The insurance institutions shall constitute the stabilisation reserve referred to in Article 45 of the Regulation on the management and supervision of private insurance, approved by Royal Decree 2486/1998 of 20 November 1998 and subsequent amendments, independently for each of the groups for the purpose of reinsurance, until they reach, in each of the groups, the limits laid down in Article 42 of the Regulation for the application of Law 87/1978 of 28 December 1978, Combined agricultural insurance, approved by Royal Decree 2329/1979 of 14 September.

3. The abovementioned stabilisation reserves shall apply, in the case of excess claims, to the levelling of losses not compensated by the Insurance Compensation Consortium in an independent manner for each of the groups for the purposes of the reinsurance.

seventeenth. Relationship of work to be carried out during the financial year 2013 with a view to the incorporation of new coverage into future insurance plans.

In addition to carrying out the tasks outlined above during the financial year 2013, technical studies related to, among others, will be developed with the following issues aimed at encouraging the development of the Agricultural insurance in the coming years:

(a) The necessary studies shall be carried out for the incorporation of the facilities on the livestock holdings.

(b) Studies on epizootic diseases or diseases of livestock importance that are not currently guaranteed shall be completed.

c) The study will continue with the study of the expansion of risks of exploitation insurance in beekeeping, especially in relation to damages produced by bumblebees.

d) Work to be carried out on the development of price monitoring of raw materials and animal feed costs on livestock farms.

e) The study will be initiated for the inclusion of a guarantee related to the use of dehesa resources in the feeding of the extensive pig cattle (mountain range).

f) The incorporation of a new management system for sheep typing centres in the sheep and goat farm insurance line will be analysed.

g) The feasibility of the incorporation of the species Haliotis tuberculata (sea ear or European abalone) will be considered.

(h) In respect of the compensation insurance for loss of pasture for cattle, sheep, goats and horses, studies on the application of insurance in the autonomous communities of Cantabrian Cornisa and in the Community shall be carried out. Autonomous Region of Murcia in order to achieve greater alignment of the line in these territories.

i) The feasibility of insurance with pre-fixed capital to be consumed with each casualty shall be considered.

(j) The extent of insurance cover shall be examined, in conjunction with the units responsible for plant health, in the light of the losses arising for the insured against the risk occurrence (a) in such a way that insurance can act as an instrument to support public policies for the fight and eradication.

k) Studies corresponding to the coverage of the damage caused by the water deficit in the plantations of woody crops in irrigation will be developed.

l) Progress will be made in the study for the implementation of a safety net for the maintenance of incomes, which, while ensuring compliance with the commitments of the World Trade Organization, is consistent with the objectives of the Common Agricultural Policy.

m) The analysis of the coverage of quality damage in rice and winter cereal production will be completed.

n) The feasibility of a cover to ensure damage to truffle production will be considered.

o) The associative policy coverage conditions will be analyzed.

Eighteenth. Other tasks and actions to be promoted from ENESA.

Together with the tasks outlined in the previous paragraphs, the temporary scope of development and implementation of which is limited to 2013, will be promoted from ENESA, and in the framework of the agricultural insurance system, other activities and actions. In the framework of the Centre for the Quality of Agricultural Insurance, the following issues will be particularly addressed:

a) Work and participate in the development of the additional guarantee base insurance.

b) Plan the work to be completed, the elaboration or revision of the standards of expertise. In particular, the elaboration of specific rules for the assessment of livestock production with compulsory individual identification shall be completed.

(c) It shall be encouraged, in accordance with the general rule for the assessment of the damage caused to agricultural production covered by the combined agricultural insurance approved by Order PRE/632/2003 of 14 March. the use of alternative methods of high-magnitude claims that are technically effective.

(d) To intensify the work of dissemination and training among the insured, as well as actions aimed at the training of technicians of professional agricultural organizations and cooperatives involved in support of the insured, in the various stages of insurance application.

e) Improving IT applications to streamline data and control submission processes.

f) Improving Web systems to streamline procurement, including the means to facilitate access for policy holders and policyholders to their data from requests for direct support from the Common Agricultural Policy.

g) Improving rate and coverage information via Web.

h) Clarify the information contained in the subscribed policies regarding guarantees, coverages, franchises, risks, applied grants, cost rate, etc.

i) Provide the insured with a test document with the result of the assessment carried out and with the identification of the expert who has performed the assessment.

j) Work will be made on the possibility of obtaining databases on potential beneficiaries of grants, prior to recruitment that will allow greater agility in the process of control and procurement, reducing administrative loads.

k) The review of the order of takers will begin, in order to update the Registry and streamline and optimize the management and control process.

l) The desirability of separating hedges on facilities from production hedges will be analysed, with 2 independent policies being carried out.

m) The actions of collaboration with international institutions and governments interested in the development of agricultural risk management models in different countries of the world will be promoted.

Nineteenth. Coordination with the Autonomous Communities in the field of agricultural insurance.

As established in the Basis Agreement for the elaboration of the Combined Agricultural Insurance Plans for the three-year period 2013-2015, it is considered necessary to intensify the cooperation and collaboration of the Ministry of Agriculture, Food and the Environment, through ENESA, with the departments and departments of agriculture of the Autonomous Communities in respect of the operation of the territorial commissions of agricultural insurance, the endowments and criteria for the allocation of grants and other issues related to the development of tasks provided for in this Plan, which shall be carried out within the Commission for the Coordination of Autonomous Communities for Agricultural Insurance.

Twenty. Control of the implementation and development of the Plan.

ENESA, in the field of its competences, will carry out the monitoring tasks on the implementation and development of the present Annual Plan of Agricultural Insurance, in order to achieve, with the collaboration of all the parties involved, the compliance with the objectives and activities envisaged therein.

Twenty first. Budgetary control of the Plan.

In order to comply with the objective of budgetary stability that is determined by the legislation in force during the period of implementation of the Plan, the Government's Delegation for Economic Affairs is empowered to amend the grant rates set out in this Plan, in the light of the evolution of the procurement and the budgetary availability of the time.

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