Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-6120
The Council of Ministers, in their meeting of the day 14 of November of 2014, approved the Plan of safe agricultural combined for the exercise 2015, in forward, the Plan. This agreement has, in its sixteenth paragraph, that the Ministry of economy and competitiveness will establish the regime of reinsurance conducted by the Consorcio de Compensación de Seguros, hereinafter the Consortium, applicable to the Plan, and may assign each group of lines different coverage according to their greater or lesser need for financial protection. Similarly, it provides that I may give a treatment individualized to certain risks.
In pursuit of the above mandate, this order establishes different regimes of reinsurance in charge the consortium between the lines of insurance listed in groups A, B and C.
For the correct location of the corresponding lines of safe, this order has a relationship of lines classified according to its membership to the group to, to the Group B or to the Group C, according to the terminology of the Plan. Regardless of the lace which note each line in a group of reinsurance or otherwise, regulate the exceptions of modules and risks or guarantees which, being in a line belonging to a certain group of reinsurance, said module, risk or guarantee belonging to another group of reinsurance.
Intimately related to reinsurance by the Consortium, includes the treatment that these effects should be the stabilization reserve, in such a way that the insurance companies must incorporate it independently for each of the groups for the purpose of reinsurance, up to the maximum limits laid down.
Taking into account provisions in the Plan of combined agricultural insurance for the year 2015 and in the regulations for application of law 87/1978, of 28 December, on combined agricultural insurance, approved by Royal Decree 2329 / 1979, of 14 September, by virtue, I HAVE: article 1. Object. Scope of application.
This order has by object establish the regime of reinsurance applicable to the Plan of safe agricultural combined, in forward the Plan, for the exercise 2015 and is applicable to the operations of secure corresponding to said Plan, with independence of its time of liquidation. However the above, the application of this order shall be automatically extended to the year 2016.
«Exercise» shall mean the period between 1 January and 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 «premium», «over-elaborate risk premium» and «business premium», the Consortium will be treated in all cases (of risk, risk commercial and overdone) premiums net of premiums from reinsurance of the Consorcio de Compensación de Seguros, hereinafter.
When is question of «raw spread», must understand is that are net of the prima of reinsurance of the Consortium also periodificada.
Article 3. Groups of lines of insurance.
For the purposes of the compensation of the excess of claims to charge of the Consortium and of the participation in benefits regulated in this order, the lines of safe included in the Plan is classified in groups to, B and C, corresponding to them lines experimental, them lines viable and them lines experimental of withdrawal and destruction, respectively, according to it indicated in the annex.
Article 4. Equalization reserve.
1. the Equalization reserve, referred to in article 45 of the regulation of management and Supervision of private insurances, approved by Royal Decree 2486 / 1998, dated November 20, will be obligatory and independently for each of the groups A, B and C set out in the previous article. Within each group, it will be globally for all lines of insurance including in them. They will be included in Group A modules, risks or guarantees that have passed from Group B to group A, with the amount of the security surcharge included in charged risk premiums applied by the entities insurance the insurance agricultural combined, joint-stock company «Agrupación Española», hereinafter Agroseguro.
2. the Equalization reserve shall not exceed the ceiling referred to in article 42 of the regulation for application of law 87/1978, of 28 December, on combined agricultural insurance, approved by Royal Decree 2329 / 1979, of 14 September.
3. the entities coaseguradoras only available the Equalization reserve for, in case of excess of loss ratio, lower losses not compensated by the Consortium independently for each of the groups referred to in article 3.
Article 5. Excess of loss ratio.
1. for the purposes of this order, the positive difference means excess of claims between accidents attributable to the office, as defined in the following paragraph, and risk spread premiums more security surcharge without accrual for each of the above mentioned groups. Group A will include the data of risk premiums and claims of modules, risks or guarantees that have passed from Group B to group A.
2. the concept of claims attributable to the exercise will understand them amounts that correspond to the compensation and to them expenses, both external as internal of management and processing of records, any that is its origin, produced and by produce until the total liquidation and payment of the sinister.
3. for the sole purpose of the application of the settlement of compensation in excess of claims or the participation in profits, the concept of accidents attributable to the exercise shall include the amounts paid and estimated to be paid in the month following the calculation of the surplus, which correspond to compensation and expenses, both external and internal management and processing files whatever be their origin.
To make the most accurate possible liquidation, provisions for compensation and expenses may include when not included, the liquidation would yield a benefit in favour of the consortium that it would not correspond with the forecast for the year.
Article 6. Compensation of the excess of claims.
In lines of insurance included in the Plan, the consortium shall be compensation for excess of loss ratio for each of the above mentioned groups, as shown below: a) for lines, risks and guarantees included in Group A.
The Consortium will compensate for the 90 percent of the difference positive between the excess of claims and the 2 percent of them raw commercial spread.
(b) for lines of insurance including in Group B.
Claims A section each section is charged your percentage percentage compensation over the excess from risk premiums charged spread up to 90% of the raw trade spread 50 more of 90% to 130% of the raw trade spread more 80 of 130% of the raw trade spread 90 c) for lines of insurance including in Group C.
The Consortium will compensate for the 90% of the positive difference between the excess of claims and 2 per cent of the raw trade spread.
Article 7. Share of profit.
1 the benefit total on which participates in the Consortium is defined as follows: to) in the event that in any group there is excess of claims, the full benefit is the difference between risk premiums spread, security surcharge, and accidents attributable to the exercise of the groups which, alone and according to the above definition of risk premiums and claims they had a positive benefit.
(b) in other cases, the full benefit is the positive difference between risk premiums spread without surcharge of safety and accidents attributable to the exercise of the groups which, alone and according to the above definition of risk premiums and claims, have positive benefit, discounting the amount that comes with excess of claims not compensated by the Consortium or covered with the balance of the reserve of Agroseguro closing from the year previous, of the group or groups with excess of claims.
2. is established the following percentage of participation of the Consortium in the benefit total described in the paragraph above.
Percentage of benefit total on the prima of risk periodificada, without extra charge of security, of those three groups.
To each section is you apply your percentage percentage of participation on the benefit total until the 10% 10 more than the 10% to the 50% 15 more than the 50% 25 in the group to is include them data of raw of risk and claims of them modules, risks or guarantees that is have last of the Group B to the group to.
Article 8. Presentation of the Technical result and application for compensation of excess accident and sharing benefits.
1 agroseguro inform the Consortium before March 31 of each year of the Technical result of each line and group of lines, with the detail by modules, risks or guarantees that have passed from Group B to group A for the previous year. The Technical result shall consist of the following items:
(a) credit: commercial premiums issued net of cancellations, and commercial premiums earned and not issued, making the breakdown of received and receivable.
(b) must: 1 sums paid by compensation, that include those expenses both external as internal of management and of processing of the records.
2. Provision of services.
3rd Provision for unearned premiums and provision for risks in progress, where appropriate. Amounts net of the provision of the raw of reinsurance of the Consortium.
4th provision, where appropriate, of the Equalization reserve.
2. together with the presentation of the result technical is sent it information relative to them articles 6 and 7, and is held it application of the liquidation of compensation of the excess of claims or of the participation in benefits corresponding to the Consortium.
3. the request for compensation of excess of loss ratio will be by Agroseguro globally for each of the groups of lines, and participation in profits jointly. Such application is held in name of all the entities integrated in them pictures of coinsurance of the exercise that is refer, before the 31 of March of the year following. Such request shall be accompanied the following documents, with total and by groups of lines: to) certification issued by the Chief of accounting, actuary and the Managing Director of Agroseguro supporting of: 1 raw trade issued periodic.
2nd raw commercial charged spread.
3rd raw trade pending spread.
4th paid compensation.
5th unpaid compensation.
6 expenses external paid.
7th unpaid external costs.
8 internal expenses paid.
9th costs internal pending of payment.
(b) supporting certification of income from the premium for reinsurance of risk premiums or commercial premiums accordingly.
(c) certification supporting of the calculation of the compensation to cargo of the Consortium, taking in has them data expressed in them articles 5, 6 and 7 above.
(d) advance estimate of the result technical global of the series by groups of lines.
(e) information on the accrual of the commercial premiums issued risk premiums charged and security surcharge.
(f) breakdown by line of insurance compensation, external and internal, paid, outstanding and total expenses as well as the claims and the total number of claims from the series.
4. when the application for compensation or participation in benefits will join, where appropriate, the proceedings raised as a result of inspections that, in order to check the documents and data that give rise to compensation or participation in profits, can turn the General Directorate of insurance and pension funds Agroseguro and entities that make up the picture of coinsurance.
In addition, Agroseguro undertakes to have available to the Consortium information object of this order of reinsurance that is relevant to their effects and, where appropriate, to facilitate it where required by this.
5. the payment of the compensation will be done by the consortium to Agroseguro, in the name and on behalf of all the coaseguradoras.
6. the request for compensation and sharing benefits shall be made in the form of settlements to account until the final definitive settlement of each exercise.
Article 9. Advances by excess of accident compensation.
1. the Consortium will proceed to make advances on excess accidents that occur, when the accident occurred and paid or payable in the month following the calculation of the surplus, estimated amounts that place them within the excesses which, pursuant to articles 6 and 7, would compensate the Consortium, and with the maximum limit of the amounts that Predictably, will finally be in charge. In this case, the Consortium will pay these advances referred to the monthly calculation and according to the resulting excess with estimates of payment established by Agroseguro, discounted the advances satisfied previously.
2. premiums will be taken into account for the calculation of the excess of interim claims will be issued risk and spread, more extra charge of safety which corresponds to them without accrual. The claims of the exercise paid or estimated to pay by Agroseguro in the month following to the calculation of the excess, shall include the amounts that correspond to them compensation and to them expenses, both external as internal of management and processing of records. To these effects, Agroseguro shall forward to the Consortium a breakdown detailed of them amounts corresponding to the exercise relative to claims paid, payments to perform in the month following, expenses both internal as external of management and processing of them records and raw of risk and commercial issued and spread, along with the certifications accredited of them themselves.
3. the previous data is presented disaggregated by groups of lines of safe.
4. also, Agroseguro will present all the information included in a request of compensation described in the article above.
Article 10. Establishment and collection of the raw material of the reinsurance of the Consortium.
1. the reinsurance premium to perceive by the Consortium is set in percentages included in the annex and shall apply in the Plan included insurance, turned on risk premiums (for lines «Agricultural and forestry production insurance» and «Insurance of withdrawal and destruction») or the commercial premium (for lines of «Exploitation insurance» of «Livestock production and aquaculture insurance»).
2 agroseguro will directly enter reinsurance premiums in the current account, which was awarded to the Consortium, and indicating this.
3. the filing and payment of premiums of reinsurance will be monthly, within one month after the declaration concerned and shall cover the totality of risk premiums or commercial, as it appears in paragraph 1 issued without accrual, not can occur on the declaration forms, and therefore revenue, any deduction that is not authorized by the Consortium.
4. the statement to the Consortium mentioned reinsurance premiums must be made on forms approved by the entity models.
Sole transitional provision. Liquidation of operations attributable to the year 2014.
The liquidation of them operations attributable to the exercise 2014 will continue to it provisions in the order ECC / 1391 / 2014, of 25 of June, by which is sets the system of reinsurance to charge of the consortium of compensation of safe for the Plan of safe agricultural combined of the exercise 2014.
Sole repeal provision. Repeal legislation.
Is repealed the order ECC / 1391 / 2014, of 25 of June, and few others standards of equal or lower rank is opposed to it established in this order.
Available end only. Entry into force.
1. this order shall enter in force the day following to the of your publication in the «Bulletin official of the State».
2. However it willing in the paragraph above, this order is apply, with character retroactive to the operations of safe corresponding to the Plan initiated starting from the 1 of January of 2015.
Madrid, 20 of mayo's 2015.-the Minister of economy and competitiveness, Luis de Guindos jury.
ANNEX 1. Agricultural and forestry production line of insurance group percentage Insurance reinsurance turned on risk premium insurance with coverage increasing to holdings of Cherry to 11.5 insurance coverage increased to organizations of producers and cooperatives.
11.5 insurance with coverage increasing to holdings of vegetables in the open air, cycle, spring-summer, on the Peninsula and in the A.C. of the Illes Balears.
11.5 insurance with coverage increasing to forestry.
11.5 insurance with increasing coverage for horticultural holdings in successive cycles in the Peninsula and in the A.C. of the Illes Balears.
11.5 insurance with coverage increasing to holdings of non-textile industrial crops.
B 7.3 insurance with coverage increasing to holdings of textile industrial crops.
B 7.3 insurance with coverage increasing to holdings of living plant, cut flowers, nurseries and seeds on the Peninsula and in the A.C. of the Illes Balears.
B 7.3 insurance with coverage increasing to holdings of living plant, cut flowers, nurseries and seeds in the A.C. of the Canary Islands.
B 7.3 insurance with coverage increasing to holdings of productions tropical and subtropical.
11.5 insurance with coverage increasing to table grape.
11.5 insurance with increasing coverage for crop of vegetable farms.
11.5 insurance with coverage increasing to citrus farms.
Insurance with coverage increased to holdings of vegetables in the A.C. of the Canary Islands.
To 11.5 safe with coverage increased for holdings of vegetables under cover in Peninsula and in the C.A. of Illes Balears.
Tomato in Area I.
11.5 insurance with coverage increasing to banana farms.
B 7.3 safe with coverage increased to holdings of vegetables to outdoor of cycle autumn-winter in the Peninsula and in the C.A. of Illes Balears.
11.5 insurance with coverage increasing to holdings of tomato in the A.C. of the Canary Islands.
B 7.3 safe with coverage increasing to holdings of khaki and other fruit.
Blackthorn in modules other than the module P.
To 13.7 complementary endrino.
11.5 insurance with coverage increasing to holdings of nuts.
11.5 insurance with coverage increasing to extensive arable farms.
To 11.5 irrigation.
To 11.5 irrigation.
B 7.3 complementary.
7.3 insurance with coverage increasing to olive-growing holdings.
13.7 2 module.
To 13.7 module P.
(B) complementary 7.3.
7.3 insurance base (SB) with additional guarantees (GA) for wine grapes in Peninsula and the A.C. of the Illes Balears.
B 7.3 insurance with coverage in the A.C. of Canary wine grape growing.
11.5 insurance coverage increased to fruit farms.
11.5 insurance with coverage increasing to holdings of forage crops.
B 7.3 insurance with coverage increasing to agroenergetic crops farms.
2. Livestock production and aquaculture 2.1 insurance insurance insurance group percentage line operating reinsurance turned on commercial Premium secure exploitation of reproductive cattle and breeding.
B 5.6 security of exploitation of cattle of bait.
Exploitation of cattle of lidia B 5.6 insurance.
B 5.6 security of exploitation of cattle of high genetic value.
B 5.6 security of exploitation of breeding cattle of meat.
B 5.6 security of exploitation of sheep and goats.
B 5.6 exploitation of livestock-equine insurance.
B 5.6 safe from exploitation of cattle equine of races selected.
B 5.6 exploitation of livestock insurance bird meat.
B 5.6 safe from exploitation of cattle avian of put.
B 5.6 security of exploitation of pigs.
5.6 livestock General rate.
8.4 insurance compensation for loss in pastures.
8.4 security of exploitation in beekeeping, A 8.4 continental aquaculture insurance.
8.4 insurance marine aquaculture for mussel of the autonomous community of Galicia.
8.4 insurance marine aquaculture for mussel of the Delta del Ebro (autonomous community of Catalonia) and the clóchina for the ports of Valencia and Sagunto (Comunidad Valenciana).
8.4 marine aquaculture insurance.
To 8.4 2.2 safe withdrawal and destruction line of insurance group percentage turned on insurance premium for coverage of the costs of removal and destruction of animals killed in the operation.
C 1.2 also referred, for the sole purpose of the calculation of the compensation in Group A, the following: all «modules 1», the so-called "exceptional risks", the «rest of climatic adversity», «warranty planting» and «guarantees on facilities and productive elements in plots", of the lines corresponding to group B.
Frost and wind in «modules 2 and 3» insurance with coverage increasing to citrus farms.
All the risks of the module 2A of the safe Base (SB) with guarantees additional (GA) for grape of vinification in the Peninsula and in the C.A. of Illes Balears, except the hail.
Them risks of «encephalopathy spongiform bovine» in them lines of won beef and of «scrapie sheep or goats» in the line of safe of exploitation of cattle sheep and goats.
The warranty of fever foot and mouth disease in the lines of safe of won that it have.
The warranty of compensation of them damage caused by the «Influenza avian», the disease of Newcastle, the salmonella in them lines of won avian and the plague equine African and the fever of the Nile Western in them lines of won equine.
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