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Order Ecc / 1022 / 2015, Of 20 Of Mayo, By Which Is Establishes The System Of Reinsurance To Charge Of The Consortium Of Compensation Of Safe For The Plan Of Safe Agricultural Combined Of The Exercise By 2015.

Original Language Title: Orden ECC/1022/2015, de 20 de mayo, por la que se establece el sistema de reaseguro a cargo del Consorcio de Compensación de Seguros para el Plan de Seguros Agrarios Combinados del ejercicio 2015.

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TEXT

The Council of Ministers, at its meeting on 14 November 2014, approved the Combined Agricultural Insurance Plan for the financial year 2015, hereinafter the Plan. This agreement provides, in its 16th paragraph, that the Ministry of Economy and Competitiveness will establish the reinsurance regime in charge of the Insurance Compensation Consortium, hereinafter the Consortium, applicable to the Plan, and may assign each group of lines a different coverage tending to its greater or lesser need for financial protection. Similarly, it provides that individualised treatment may be given to certain risks.

In compliance with the previous mandate, this order establishes different reinsurance regimes in charge of the Consortium among the insurance lines listed in Groups A, B and C.

For the correct location of the corresponding insurance lines, this order has a list of lines classified according to their membership of Group A, Group B or Group C, in accordance with the terminology of the Plan. Irrespective of the fit that each line has in one reinsurance group or another, the exceptions of the modules and risks or guarantees are regulated which, being on a line belonging to a particular reinsurance group, such module, risk or risk collateral belongs to the other reinsurance group.

Intimately related to the reinsurance in charge of the Consortium, the treatment is collected that to these effects must be given to the reserve of stabilization, so that the insurance entities will have to constitute it independently for each of the groups for the purposes of reinsurance, up to the maximum limits laid down.

Taking into account the provisions of the Combined Agricultural Insurance Plan for the financial year 2015 and the Regulation for the implementation of Law 87/1978 of 28 December on Combined Agricultural Insurance, approved by the Royal Decree 2329/1979, of 14 September, in its virtue,

DISPONGO:

Article 1. Object. Scope of application.

This order aims to establish the reinsurance regime applicable to the Combined Agricultural Insurance Plan, hereinafter the Plan, for the financial year 2015 and is applicable to the insurance operations corresponding to that Plan, with independence from its moment of liquidation. Notwithstanding the foregoing, the application of this order shall be automatically deemed to be extended to the financial year 2016.

"Exercise" means the period from 1 January to 31 December of each year, without prejudice to the full duration of each risk included in the annual plans.

Article 2. Definitions.

For the purposes of this order, where reference is made to "risk premium", "recharged risk premium" and "commercial premium", it shall be treated in all cases of the net premiums (risk, recharged and commercial risk) of the premium of reinsurance of the Insurance Compensation Consortium, hereinafter the Consortium.

In the case of "period premiums", it is to be understood that they are net of the reinsurance premium of the Consortium as well.

Article 3. Insurance line groups.

For the purpose of the compensation of the excess claims incurred by the Consortium and the participation in regulated profits in this order, the insurance lines included in the Plan are classified in Groups A, B and C, corresponding to the experimental lines, the viable lines and the experimental lines of removal and destruction, respectively, as indicated in the Annex.

Article 4. Stabilization reserve.

1. The stabilisation reserve, as 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, will be made compulsory and independently of each of the Groups A, B and C as defined in the previous Article. Within each group, it will be constituted globally for all insurance lines included in the same. The modules, risks or guarantees that have been passed from Group B to Group A will be included in the Group, with the amount of the security surcharge included in the recharged risk premiums applied by the Spanish Grouping of Insurance Entities Combined Agricultural Insurance, Public Limited Liability Company, hereinafter Agroinsurance.

2. The stabilisation reserve may not exceed the maximum limit referred to in Article 42 of the Regulation for the application of Law 87/1978 of 28 December 1978 on Combined Agricultural Insurance, approved by Royal Decree 2329/1979 of 14 December 1978. September.

3. Co-insurance institutions may only have the stabilisation reserve available for, in the case of excess claims, to undermine the losses not compensated by the Consortium in an independent manner for each of the groups provided for in the Article 3.

Article 5. Excess claims.

1. For the purposes of this order, the positive difference between the claims attributable to the financial year, as defined in the following paragraph, and the risk premiums plus the security surcharge shall be deemed to be excess of claims. period for each of the above groups. Group A shall include risk and casualty premium data for the modules, risks or guarantees that have been passed from Group B to Group A.

2. The concept of claims attributable to the financial year shall comprise the amounts corresponding to the compensation and the expenditure, both external and internal, for the management and processing of files, whatever their origin, produced and produce up to the total settlement and payment of the claim.

3. For the sole purposes of the application for the settlement of compensation for excess claims or for the profit-taking, the concept of claims attributable to the financial year shall comprise the amounts paid and estimated to be paid in the month following the calculation of the excess, corresponding to the indemnities and expenses, both external and internal to the management and processing of files, whatever their origin.

In order for the settlement to be as tight as possible, the provisions for indemnities and expenses may be included when, if not included, the settlement would yield a benefit to the Consortium that would not correspond to the forecast for the exercise.

Article 6. Compensation for excess claims.

In the insurance lines included in the Plan, the Consortium shall make compensation for excess claims for each of the above groups, as follows:

a) For the lines, risks and warranties included in Group A.

The Consortium will offset 90 percent of the positive difference between excess claims and 2 percent of the commercial period premiums.

b) For insurance lines included in Group B.

Tramo of disaster

Percentage will be applied to each tranche

Percentage compensation over the excess

From the reloaded risk premiums reported up to 90% of the periodized commercial premiums

50

More than 90% up to 130% of commercial premiums Periods

80

More than 130% of the journalded commercial premiums

90

c) For insurance lines included in Group C.

The Consortium will offset 90 percent of the positive difference between excess claims and 2 percent of the commercial period premiums.

Article 7. Profit participation.

1. The total profit on which the Consortium participates is defined as follows:

(a) In the event that there is no excess of claims in any group, the total profit shall be the difference between the risk premiums reported, without security surcharge, and the claims attributable to the exercise of the groups which, in isolation and according to the previous definition of risk and casualty premiums, had a positive benefit.

(b) In all other cases, the total profit will be the positive difference between the risk premiums for the period, without a security surcharge, and the claims attributable to the exercise of the groups which, in isolation and according to the previous definition of risk premiums and claims, have positive benefit, and are mined in the amount that comes with excess claims not compensated by the Consortium or covered by the balance of the stabilisation reserve Agroinsurance at the close of the previous year, the group or groups with excess claims.

2. The following percentage of the Consortium's participation in the total profit described in the previous paragraph is established.

Percentage of total benefit over the period risk premium, without security surcharge, of the three groups.

Each tranche is apply your percentage

25

Percentage of total profit

to 10%

More than 10% to 50%

More than 50%

25

Group A will include risk and casualty premium data for modules, risks or guarantees that have been passed from Group B to Group A.

Article 8. Presentation of the technical result and request for compensation for excess claims and participation in benefits.

1. Agroinsurance shall inform the Consortium before 31 March of each year of the technical result of each line and group of lines, in detail for modules, risks or guarantees that have been passed from Group B to Group A for the previous financial year. The technical result shall consist of the following items:

a) Haber: Commercial premiums issued net of cancellations, and commercial premiums written and not issued, making the breakdown of collections and receivables.

b) Must:

1. The highest amounts paid for compensation, which include both external and internal costs of handling and processing of files.

2. Proview of capabilities.

3. Provision of unconsumed premiums and ongoing risk provision, if any. Net amounts of the provision of the Consortium's reinsurance premiums.

4. º Endowment, if any, of the stabilization reserve.

2. Together with the presentation of the technical result, the information relating to Articles 6 and 7 shall be submitted and the application for the settlement of compensation for excess claims or for the benefit of the benefit shall be made. Consortium.

3. The application for compensation for excess claims shall be submitted by Agroinsurance globally for each of the groups of lines, and the participation in benefits in a joint manner. That application shall be made on behalf of all the entities incorporated in the co-insurance tables for the financial year concerned, before 31 March of the following year. The following documents shall be accompanied by the following documents, with total information and by group of lines:

(a) Certification issued by the Chief Accounting Officer, the Actuary and the Managing Director of Agroinsurance:

1. Business Primes issued for periods.

2. Commercial Primas charged.

3. Business Primes to be journated.

4. Paid Compensation.

5. º Indemnities to be paid.

6. º External Expenses Paid.

7. External Expenses Pending Payment.

8. º Internal expenses paid.

9. º Internal expenses pending payment.

(b) Credit certification of the income of the reinsurance premium on risk premiums or commercial premiums as appropriate.

(c) Certification of the calculation of the compensation by the Consortium, taking into account the data expressed in Articles 5, 6 and 7 above.

d) Advance estimate of the overall technical result of the string by line groups.

e) Information on the timing of the commercial premiums issued and the recharged risk premiums and the security surcharge.

f) Breakdown by insurance lines of indemnities, external expenses and internal expenses, paid, outstanding and total, as well as the claims and total claims of the series.

4. The application for compensation or participation in benefits shall be accompanied, where appropriate, by the minutes raised as a result of the inspection visits which, in order to verify the documents and data giving rise to the compensation or participation in the benefits, the General Directorate of Insurance and Pension Funds can be rotated to Agroinsurance and to the entities that make up the coinsurance table.

In addition to the above, Agroinsurance is required to make available to the Consortium any such information that is the subject of this reinsurance order that is relevant to its effects and, where appropriate, to facilitate it when required.

5. The payment of the compensation shall be made by the Consortium directly to Agroinsurance, in the name and on behalf of all the co-insurers.

6. The claim for compensation and profit sharing shall be made in the form of settlement on account until the final final settlement of each financial year arrives.

Article 9. Advances for compensation for excess claims.

1. The Consortium shall make advances on the excess of claims incurred, where the claims incurred and paid or estimated to be paid in the month following the calculation of the excess, have reached amounts which are within the limits of the excess which, in accordance with the provisions of Articles 6 and 7, would correspond to the Consortium, and with the maximum limit of the amounts which, predictably, will ultimately result in their position. In this case, the Consortium will settle these advances on that monthly calculation and according to the resulting excess with the payment estimates established by Agroseguro, discounted previously satisfied advances.

2. The premiums to be taken into account for the calculation of the excess amount of provisional claims shall be those of risk issued and periods, plus the security surcharge which corresponds to them without a period of time. The claims for the year paid or estimated to be paid by Agroinsurance in the month following the calculation of the excess shall include the amounts corresponding to the compensation and expenditure, both external and internal to the management and processing of the files. For these purposes, Agroinsurance shall send the Consortium a detailed breakdown of the amounts for the financial year relating to claims paid, payments to be made in the following month, expenditure both internal and external to the management and processing of such claims. risk and trade records and premiums issued and periodicated, together with the certification certificates of the same.

3. The above data shall be presented broken down by groups of insurance lines.

4. Likewise, Agroinsurance shall submit all the information included in a compensation application described in the previous article.

Article 10. Establishment and recovery of the Consortium's reinsurance premium.

1. The reinsurance premium to be collected by the Consortium is set out in the percentages set out in the Annex and shall apply to insurance covered by the Plan, which are based on risk premiums (for the lines " Insurance for agricultural production and "and" Insurance for withdrawal and destruction ") or on the commercial premium (for the lines of" Insurance for the exploitation "of the" Insurance of livestock and aquaculture production ").

2. Agroinsurance shall directly enter the reinsurance premiums in the current account of which the Consortium is a holder and which it tells you.

3. The statement and revenue of the reinsurance premiums shall be made monthly, within the month following which the declaration corresponds and shall relate to all the risk or commercial premiums, as referred to in paragraph 1, issued without It is not possible to make a statement on the forms of declaration, nor therefore on the revenue, any deduction that is not authorized by the Consortium.

4. The statement to the Consortium of the aforementioned reinsurance premiums shall be made on the printed models approved by that entity.

Single transient arrangement. Settlement of transactions attributable to the financial year 2014.

The settlement of transactions attributable to the financial year 2014 shall follow the provisions of Order ECC/1391/2014 of 25 June 2014 establishing the reinsurance system in charge of the Insurance Compensation Consortium for the financial year 2014. Combined Agricultural Insurance Plan for the financial year 2014.

Single repeal provision. Regulatory repeal.

Order ECC/1391/2014, dated June 25, and any other rules of equal or lower rank are hereby repealed.

Single end disposition. Entry into force.

1. This order shall enter into force on the day following that of its publication in the "Official State Gazette".

2. By way of derogation from the above paragraph, this order shall be applied retroactively to the insurance operations corresponding to the Plan initiated as from 1 January 2015.

Madrid, May 20, 2015. -Minister of Economy and Competitiveness, Luis de Guindos Jurado.

ANNEX

1. Insurance for agricultural and forestry production

Insurance of growing hedges for Producer and Cooperative organizations.

7.3

7.3

7.3

7.3

7.3

7.3

7.3

7.3

7.3

7.3

7.3

seeds in the C.A. of the Canaries.

11.5

11.5

11.5

11.5

11.5

11.5

7.3

7.3

7.3

7.3

7.3

7.3

fall-winter on the Peninsula and the C.A. of Illes Balears.

7.3

7.3

7.3

7.3

7.3

7.3

7.3

Module P.

hedges insurance growing for fruit farms.

line

Group

Reinsurance percentage rotated over premium risk

with growing hedges for cherry farms

A

11.5

A

11.5

with hedges growing for outdoor vegetable farms, spring-summer cycle, on the Peninsula and at the C.A. of the Balearic Islands.

A

11.5

with growing hedges for farms foresters.

A

11.5

with growing hedges for farms horticultural in successive cycles in the Peninsula and in the C.A. of the Balearic Islands.

A

11.5

Insurance with growing coverages for non-textile industrial crop farms.

7.3

B

7.3

with growing hedges for live plant farms, flower cut, nurseries and seeds in the Peninsula and in the C.A. of Illes Balears.

7.3

B

7.3

with growing hedges for holdings of tropical and subtropical productions.

11.5

with growing hedges for table grapes.

11.5

A

11.5

Secure with growing hedges for citrus farms.

B

7.3

Insurance with growing hedges for vegetable holdings in the C.A. of the Canaries.

A

11.5

with growing hedges for Low-covered vegetable farms in the Peninsula and the C.A. of the Balearic Islands.

Take in Area I.

B

.

A

11.5

Insurance with growing hedges for banana farms.

7.3

7.3

A

11.5

with growing hedges for tomato farms in the C.A. of the Canary Islands.

7.3

Endrino in Modules other than the P.

A

A

7.3

.

A

11.5

with growing hedges for nut farms.

Complementary.

Rest.

A

11.5

with growing hedges for extensive arable crop farms.

Module 1.

Secano.

A

11.5

Regadio.

A

7.3

2.

Secano.

A

11.5

Regadio.

B

B

7.3

Complementary.

A

7.3

with growing hedges for olive farms.

Module 1.

A

13.7

Module 2.

A

B

,

A

7.3

Base Insurance (SB) with Additional Guarantees (GA) for Vinification Grapes on Peninsula and the Illes Balears C.A.

B

7.3

with growing hedges for winemaking grapes in the C.A. of the Canaries.

A

11.5

A

11.5

with hedges growing for fodder crop farms.

B

7.3

with Growing hedges for agroenergy crop farms.

B

2. Livestock and aquaculture production insurance

2.1 Operating insurance

B

exploitation of the putting avian livestock.

8.4

8.4

8.4

8.4

8.4

8.4

clochina from the ports of Valencia and Sagunto (Valencian Community).

line

Group

Reinsurance percentage rotated on commercial premium

and Recria cattle exploitation insurance.

B

5.6

Bait cattle exploitation insurance.

5.6

B

5.6

B

5.6

insurance

B

5.6

and caprino.

B

5.6

Equine cattle exploitation insurance.

B

5.6

Select Breeds Equine Farm Insurance.

B

5.6

B

A

5.6

A

5.6

Cattage General Rate.

A

8.4

compensation for loss in pasture.

A

A

8.4

8.4

Continental aquaculture insurance.

A

8.4

Marine aquaculture insurance for mussel of the Autonomous Community of Galicia.

A

8.4

marine aquaculture.

A

8.4

2.2 Withdrawal and destruction insurance

Line

Group

Percentage rotated over risk premium

Insurance for the coverage of expenses arising from the removal and destruction of dead animals on the holding.

C

The following are also contemplated, for the purposes of calculating compensation in Group A, the following:

All "modules 1", the so-called "exceptional risks", the "other climatic adversities", the "guarantee to the plantation" and the "guarantees on facilities and productive elements in the plots", of the lines for Group B.

Frost and wind in Insurance "modules 2 and 3" with growing hedges for citrus farms.

All Base Insurance (SB) 2A module risks with Additional Guarantees (GA) for winemaking grapes on the Peninsula and at the C.A. of Illes Balears, except for the pedriscus.

The risks of bovine spongiform encephalopathy (BSE) on the lines of cattle and sheep or goat scrapie in the sheep and goat farm insurance line.

The guarantee of foot-and-mouth disease on the cattle insurance lines that have it.

The guarantee of compensation for damage caused by "Avian Influenza", Newcastle disease, salmonella in the lines of avian cattle and African horse Peste and West Nile Fever on the cattle lines equine.