Advanced Search

Order Int/672/2015, On 17 April, Which Develops Article 2.4 Of The Royal Decree-Law 2/2015, March 6, By Which Adopt Urgent Measures To Repair The Damage Caused By Floods And Other Effects Of The Storms Of...

Original Language Title: Orden INT/672/2015, de 17 de abril, por la que se desarrolla el artículo 2.4 del Real Decreto-ley 2/2015, de 6 de marzo, por el que se adoptan medidas urgentes para reparar los daños causados por las inundaciones y otros efectos de los temporales de...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

The Royal Decree-Law 2/2015 of 6 March, adopting urgent measures to repair the damage caused by the floods and other effects of the storms of rain, snow and wind in the months of January, February and March 2015, introduces, in Article 2.4, a line of subsidies for holders of agricultural and livestock holdings which, having policies covered by the Combined Agricultural Insurance Scheme and being located in the field of application as referred to in Article 1, having suffered damage to items affected by the holding which are not insurable.

The concurrence of a large number of victims, the uniqueness of the required requirements and the need to act in the most effective and agile way possible to allow the restoration of normality, are circumstances that advise to establish a specific rule for the processing of the aid referred to in Article 2.4 of Royal Decree-Law 2/2015 of 6 March 2015. The application of these specific provisions entails the inadequacy of the procedural rules which, as a general rule, provides for Royal Decree 307/2005 of 18 March 2005 on the granting of subsidies for certain needs arising from emergency or catastrophic situations, and the procedure for granting them is laid down. This rule also provides for an application model adapted to the specialty of this support line.

In its virtue, and in use of the powers conferred by Article 23 of Law 50/1997, of 27 November, of the Government, and by the third final provision of Royal Decree-Law 2/2015, of March 6, I have:

Article 1. Scope of application.

The processing of subsidies to compensate for damage to agricultural and livestock farms, as referred to in Article 2.4 of Royal Decree-Law 2/2015 of 6 March 2015, will be governed by the provisions of this order, adopt urgent measures to repair the damage caused by the floods and other effects of the storms of rain, snow and wind in the months of January, February and March 2015.

Article 2. Beneficiaries.

1. Natural or legal persons and communities of agricultural holdings or livestock holdings which, having policies covered by the Combined Agricultural Insurance Scheme and located in the Community, may apply for such aid. Municipalities falling within the scope of the Royal Decree-Law 2/2015 of 6 March 2015 have suffered damage to operating items which are not insurable. Holdings shall be duly registered in the Census of Employers, Professionals and Reholders, in operation and with a number of employees equal to or less than fifty.

2. Ownership of the holdings shall be credited by a policy in force covered by the Combined Agricultural Insurance Scheme. For these purposes, a policy of the previous campaign shall also be accepted in the cases referred to in Article 9.2.a) of Royal Decree-Law 2/2015 of 6 March.

Article 3. Amount of subsidy.

A grant of up to 70% of the assessed damage described in the report issued by a collegiate expert may be awarded up to a maximum of EUR 8,000, without, in any event, the sum of this subsidy and that of any other grant, compensation or public or private income to which it is entitled may exceed the value of the damage or injury produced.

Article 4. Eligible expenditure.

1. The aid provided for in this order shall be the subject of damage to agricultural holdings or livestock farming in the areas necessary for the development of their activity, provided that they are not insurable in the context of the National Insurance Scheme. Agriculture and there is no commercial insurance for them in the private sector.

2. In particular, the following types of damage are considered eligible expenses:

-Cleaning, clearing, removal of gravel, and other overcome materials.

-Land reposition by loss of the arable layer.

-Final loss of soil and productive capacity.

-Losses or damage to benches, terraces, walls and other elements of formation of the plots and the brake of erosion.

-Aceques, channels, and gates.

-Buried Pipelines.

-Access paths to the different plots and facilities.

-Fuel or other deposits.

-High and low voltage power grids, from the transformer to the well or to other elements of the operation.

-Harm damage.

3. The damage provided for in the previous paragraph may be assisted in order to be restored as a matter of urgency before the entry into force of this order, provided that the holder of the holding has deposited in any register published sufficient information on the information on which the expert report referred to in Article 5 (1) (g) can be based.

4. Fees arising from the preparation of the report of the collegiate expert up to a maximum of EUR 300 may also be counted as eligible expenditure, without in any case the sum of the eligible damage and the amount of the fees may exceed the total amount of EUR 8 000 referred to in Article 3.

Article 5. Requirements and prescriptive documentation for obtaining the aid.

1. The interested parties shall submit duly completed grant applications, in accordance with the model set out in Annex I, together with the following documentation:

(a) In the case of natural persons, express authorisation to enable the managing body to verify, through access to the Identity Data Verification System, its personal identity data.

(b) In the case of legal persons, photocopied photocopies of the Tax Identification Number and the evidence of the legal representation of the person who subscribes to the application.

c) In the case of communities of property, in addition to contributing the certified photocopy of the Tax Identification Number, a representative must be appointed and a certified photocopy of his appointment must be attached to the application.

(d) Originals or photocopies of all insurance policies corresponding to the holding concerned, including the general, special and, where appropriate, special conditions, and the supplements issued, as well as original or photocopy photocopies of the proof of proof that the policies were in force when the event occurred and at the time of applying for the grant.

e) To accredit the number of workers on discharge when the damage, original or photocopy of the last quotation document filed with the General Treasury of Social Security was produced immediately prior to the date of the causative event in which the nominal relationship of the employees of the undertaking is recorded.

f) To accredit the exercise of the business or professional activity, the interested parties expressly authorize the managing body to obtain from the State Administration of Tax Administration the relevant information of the Census of Employers, Professionals and Reholders.

g) In order to prove the damage suffered, the persons concerned must provide original or photocopy photocopy of the report issued by a collegiate expert, in which it must include at least:

1. Identification of the holding, its holder and the collegiate expert.

2. Identification of the damage, in accordance with the typology provided for in Article 4.2 of this order, by breaking down the partial amounts of each type of damage and also indicating the situation of the elements which have suffered damage by plane and croquis from the Geographic Information System (SIGPAC).

3. Total economic valuation of the damage described in the previous point.

4. Determination of the causal relationship between the events referred to in Royal Decree-Law 2/2015 of 6 March, and the damage observed.

Also, in order to be able to compute as eligible expenditure the fees arising from the preparation of the report of the collegiate expert, up to a maximum of 300 euros, the interested parties must contribute original or photocopy of the corresponding invoice.

(h) Annex 2. No. of Order PRE/1576/2002 of 19 June 2002 regulating the procedure for the payment of the obligations of the General Administration of the State.

2. In the light of the special nature of the aid provided for in this order, the beneficiaries are exempted from the requirements laid down in Article 13.2 of Law 38/2003 of 17 November, General Grants.

3. The authorisations expressed to the managing body for the verification of identity or census data may be revoked by the parties concerned at any time, in writing addressed to the managing body.

Article 6. Submission of requests.

1. Applications shall be submitted, by means of the standard model included in Annex I of this order, to the Government Delegation or Subdelegation in the province in which the operation in which the damage has occurred, or to the any of the records provided for in Article 38 of Law No 30/1992 of 26 November 1992 of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

2. The deadline for submission of applications shall be 30 June 2015, irrespective of the time limit set out in the order for the determination of municipalities provided for in Article 1.2 of the Royal Decree-Law 2/2015 of 6 March 2015.

3. Notices of damage which have been submitted before the entry into force of this order shall not be regarded as applications for assistance, with the interested parties submitting their applications in accordance with the rules and requirements laid down in this Directive. order.

Article 7. Aid compatibility scheme.

The subsidies provided for in this order will be compatible with the aid granted by other public authorities and with the compensation to be paid to the victims of the insurance contract included in the Combined Agricultural Insurance Scheme or other contracted commercial insurance, with the quantitative limits laid down in Article 3 of this order.

Article 8. Obligations of the beneficiaries.

1. In addition to the general obligations laid down by Law 38/2003 of 17 November, the persons concerned shall be obliged to apply for and properly deal with the compensation of the agricultural or commercial insurance which they have contracted, as well as inform the managing body, at any time of the processing of the file, of any other subsidies, compensation or public or private income requested, granted or paid in relation to the damage suffered on the holding agricultural or livestock.

2. Failure to comply with these obligations will result in the recovery of the amounts received and the requirement of interest for late payment from the time of payment of the grant, in accordance with Title II of Law 38/2003, 17 of November, and without prejudice to any possible sanctions which may be applicable pursuant to the provisions of Title IV of that Law.

Single end disposition. Entry into force.

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

Madrid, April 17, 2015. -Interior Minister Jorge Fernandez Diaz.