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...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-4211

Royal Decree-Law 2/2015, 6 March, laying down urgent measures to repair the damage caused by floods and other effects of the storms of rain, snow and wind that occurred in the months of January, February and March 2015, by which introduced, in its article 2.4, a line of subsidies to farmers and livestock holders who having policies covered by the combined agricultural insurance Plan and being located in the area designated application in article 1, they have undergone operating elements that are not insurable damage.

The attendance of a large number of victims, the uniqueness of the requirements and the need to act in the most efficient and agile way to allow the restoration of normality, are circumstances that advised setting a specific standard for the processing of the AIDS referred to in article 2.4 quoted Royal Decree-Law 2/2015, March 6. The implementation of these specific provisions involves the inadequacy of procedural rules that, in General, the Royal Decree 307/2005 of 18 March, which regulates grants in response to needs arising from situations of emergency or catastrophic nature, and establishes the procedure for granting. This standard also plans an application model adapted to the specialty of this line of aid.

In his virtue, and use of the powers conferred by article 23 of the Law 50/1997, of 27 November, the Government, and the third final provision of Royal Decree-Law 2/2015, March 6, available: article 1. Scope of application.

Shall be governed by the provisions of this order processing of subsidies to mitigate damage on farms agricultural and livestock, referred to in article 2.4 of the Royal Decree-Law 2/2015, on 6 March, that urgent measures are taken to repair the damage caused by floods and other effects of rain, snow and wind storms that occurred in the months of January February and March 2015.

Article 2. Beneficiaries.

1 may request this order supports the natural or legal persons and the communities of holding assets of agricultural or livestock farms that have policies covered by the combined agricultural insurance Plan and being located in municipalities included in the scope of the Royal Decree-Law 2/2015, of March 6, were damaged in operating elements which are not insurable. Farms must be duly registered in the Census of entrepreneurs, professionals and retainers, in operation and with a number of employees exceeding fifty.

2. the ownership of farms will be credited by means of a policy in force by the combined agricultural insurance Plan. For these purposes, will be accepted also a policy of the previous marketing year in the cases referred to in article 9(2). a) of the Royal Decree-Law 2/2015, March 6.

Article 3. Amount of the subsidy.

You may be granted a subsidy of up to 70% of the valued damages described in the report issued by an expert member, up to a maximum amount of € 8,000, unless, in any case, the amount of this subsidy and any other subsidy, compensation or public or private income to which it is entitled can exceed the value of the produced damages.

Article 4. Eligible expenditure.

1 shall be provided for aid in this order those damage to agricultural or livestock farms in the elements necessary for the development of their activity, provided that they are not insurable in the scope of the National Plan for agricultural insurance and does not exist for them a commercial insurance in the private sector.

2. in particular, are considered eligible expenditure, exclusively, the following types of damage:-cleaning, clearing, removal of gravel and other materials occurred.

-Replacement of land for loss of the topsoil.

-Final loss of soil and productive capacity.

-Loss or damage on terraces, terraces, walls and other elements of the plots and erosion brake training.

-Irrigation ditches, canals and floodgates.

-Buried pipe lines.

-Ways of access to the various plots and facilities.

-Fuel or other deposits.

-Electrical networks of high and low voltage from the transformer to the well or other elements of exploitation.

-Damage to huts.

3 may be object help the damages provided for in the preceding paragraph that have had to be restored urgently before the entry into force of this order, provided that the holder of the exploitation has deposited in some public record enough of such information on which can be the expert report referred to in article 5.1. g) of this order.

4. in addition, fees derived from the production of the report of the expert member up to a maximum of 300 euros, unless in any case the sum of the eligible damages and the amount of the fees may exceed the total amount of € 8,000 designated in article 3 can compute as eligible expenditure.

Article 5. Requirements and prescriptive documentation to obtain subsidies.

1 stakeholders shall submit the grant applications duly filled out according to the specimen in annex I, together with the following documents: a) in the case of natural persons, authorization so that the managing body can verify, through access to the system of verification of identity data, your personal identity details.

(b) in the case of legal persons, attested photocopies of the number of tax identification and proof of legal representative who signs the application.

(c) in the case of joint property, as well as providing the photocopies of the tax identification number is you must appoint a representative and attach to the application a certified copy of his appointment.

d) originals or photocopies certified all the insurance policies for affected exploitation, including General, special conditions and, where appropriate, special, and issued supplements, as well as originals or certified photocopies of supporting receipts for premiums that policies were in force at the time of the event and at the time of applying for the grant.

e) to accredit the number of workers on high when there were damages, original or certified copy of the last quotation document filed with the General Treasury of the Social Security referred to the time immediately prior to the date of the causal event, indicating the list of employees of the company.

(f) to support the exercise of professional or business activity, interested parties authorised expressly to the managing body to collect the relevant information from the Census of entrepreneurs, professionals and retainers of the State tax administration agency.

(g) to prove the damage, the interested parties must provide original or certified copy of the report issued by a registered expert, which must include, as a minimum: 1. identification of exploitation, its holder and collegiate expert.

2. identification of the damage, in accordance with the typology referred to in article 4(2) of this order, breaking down the partial of each type of damage amounts and also indicating the location of the elements that have suffered damage through plans and sketches from the system of geographic information of agricultural plots (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 the Royal Decree-Law 2/2015, March 6, and the observed damages.

Also, to be able to compute as expenditure eligible fees derived from the production of the report of the expert member up to a maximum of 300 euros, interested parties must provide original or certified photocopy of the invoice.

(h) Annex 2 of the order PRE/1576/2002, of 19 June, which regulates the procedure for the payment of the obligations of the General Administration of the State.

2. in view of the special nature of the aid provided for in this order is excepted to persons in compliance with the requirements referred to in article 13.2 of law 38/2003 of 17 November, General subsidies.

3. authorisations express to the managing body for the verification of identity data or censuses may be revoked by the interested parties at any time, by writing to the managing body.

Article 6. Submission of applications.

1. applications should be submitted using the standard model included in annex I to this order, in the delegation or subdelegation of the Government corresponding to the province where the exploitation in which the damage occurred, or in any of the registers provided for in article 38 of the law 30/1992, of 26 November Legal regime of public administrations and common administrative procedure.

2. the deadline for the submission of applications ends on June 30, 2015, irrespective of the term stated in the order of determination of municipalities referred to in article 1(2) of the Royal Decree-Law 2/2015, March 6.
3 communications of damage that had occurred prior to the entry into force of this order shall not be considered requests for help, and must submit stakeholder requests, in accordance with the rules and requirements set forth in this order.

Article 7. Compatibility of the aid scheme.

Subsidies provided for in this order shall be compatible with the aid which may be granted other public administrations and reparations that victims can be charged to insurance included in the Plan of combined agricultural insurance or other commercial insurance contracted with the quantitative limits established by article 3 of this order.

Article 8. Obligations of the beneficiaries.

1. in addition to the General obligations laid down by the law 38/2003, 17 November, stakeholders will be required to request and properly deal with compensation of agricultural or commercial insurance who have contracted, as well as to inform the managing body, at any time during the processing of record, any other subsidies, compensations or requested public or private income granted, or paid in relation to the damage sustained in agricultural or livestock.

2. breach of these obligations shall be cause for the reinstatement of perceived quantities and the demand of the interest of delay from the moment of the payment of the grant, under the terms established in the title II of law 38/2003, 17 November, and without prejudice to the possible sanctions that may result from application pursuant to title IV of the Act.

Sole final provision. Entry into force.

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

Madrid, 17 April 2015.-the Minister of the Interior, Jorge Fernández Díaz.