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 Rain, Snow And Wind That Occurred In The Months Of January, February And March 2015.

Original Language Title: 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 lluvia, nieve y viento acaecidos en los meses de enero, febrero y marzo de 2015.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-2435

From them last days of the month of January and during good part of the month of February successive temporary of rain, snow and wind have lashed the practice all of the territory national, as result, first, of a front Atlantic that began to affect to the coasts of the Cantabrian, with waves of more than eight meters and winds of the North of great intensity , and then by the irruption of masses of cold air from the interior of the continent of Europe, which have caused accused declines in temperatures.

The concurrence of extreme winter, with snowfall of exceptional intensity and persistent rains that have caused floods and overflows in various watersheds, has forced to activate the territorial or special plans for civil protection in the autonomous communities of Galicia, Asturias, Cantabria, Basque country, Castilla and León, Navarre, La Rioja, Aragon and Catalonia.

To this is added the succession of phenomena weather adverse of wind and sea that have lashed them coasts of the coastal Mediterranean and Atlantic peninsular, as well as them Islands Balearic Islands.

Special mention required the flooding caused by the floods of the River Ebro during the month of February and the first days of March. After a first episode caused by intense rainfall recorded between January 31 and February 6 and a first phase of defrosting, it caused significant increases in flows of several tributaries of the left bank of the Ebro, the heavy rains of February 25 and a thaw accelerated by the rise in temperatures has generated a second episode of avenues in the last week of February and first days of March , that has affected mainly to the province of Zaragoza. He River has reached levels unknown in the last 20 years and in a first estimate has flooded near 20,000 hectares of land. Is has forced also to evict to some 1,500 people, resulting affected numerous populations of the Riverside high and low of the Ebro.

These storms and floods have significantly altered the everyday lives of citizens and the normal operation of communications. Them damage, still by assess in its whole, have affected to infrastructure of ownership public State, such as the network of roads and them infrastructure railway, the domain public terrestrial e hydraulic, as well as to other infrastructure of ownership municipal. Also they have caused damage to property in private ownership (housing, garages, commercial and industrial and agricultural holdings).

While the temporary of rain, snow and phenomena coastal started to end of the month of January can give is by concluded, still not is has could carry to out a valuation final of them damage caused, basically by it situation in that is are some of the areas affected. On the other hand, remain the effects of flooding in the basin of the Ebro and weather forecasts prevent ruled out in the coming weeks may be repeated episodes of rain, snow and wind similar to those that have caused the storm, though of how sporadic and localized in very specific points of the Spanish geography.

Hence is has opted by not delay the adoption of measures that contribute to restore the normal operation of them services public, recover the areas affected by the temporary and alleviate them damage produced until the time of the adoption of the present real decree-law. Notwithstanding this, and in the event that these harmful phenomena can be reiterated, referred to the possibility that the Government, by Royal Decree, may extend the application of these measures to other damages which may occur until May 31, 2015. In both cases, with attachment to the availability budget.

With Foundation in the principle constitutional of solidarity, and taking in has them of equity e equality of try in relation to situations preceding, this real Decree-Law regulates a set of aid specific, and others measures of nature fiscal and labor attributed to the competition of different departments Ministerial, and responds to a need urgent, which is the of make facing them situations of emergency or of nature catastrophic caused by the temporary so it is credited the requirement of the extraordinary and urgent need that article 86 of the Constitution establishes as a budget enabling.

Virtue, in application of the authorization contained in article 86 of the Constitution, on the proposal of the Vice-President of the Government and Minister of the Presidency, and the Ministers of the Interior, of finance and public administration, development, employment and Social Security, and of agriculture, food and environment, after deliberation by the Council of Ministers at its meeting of March 6, 2015 , I HAVE: article 1. Scope of application.

1. the measures established in this real decree-law is apply to them people and property affected by them damage caused by them temporary of rain and snow and them phenomena coastal e flood that occurred in January, February and March of 2015, in them communities autonomous that have result affected by them themselves.

2. the municipalities and localities affected to those who specifically be applied the aforementioned measures shall be determined by order of the Minister of the Interior. For this purpose, it may understand also included those of other municipalities or localities in which, for the proper execution of the works required, are essential actions of the competent ministerial departments.

3. the Government, by Royal Decree, may declare, with delimitation of the municipalities and affected population centres, the implementation of the measures foreseen in this Royal Decree-law to other events of similar characteristics that can occur in any region, until May 31, 2015.

Article 2. Aid to alleviate injury, damage House and belongings, and at farms, industrial, commercial, maritimo-pesqueros, tourist and other service establishments.

1. the aid provided for in this article extends to cases of death and disability cases directly caused by the accidents referred to in this Royal Decree-Law, and are governed by the provisions of Royal Decree 307/2005, 18 March, by which determine subsidies in response to specific needs arising from situations of emergency or catastrophic nature , and establishes the procedure for granting.

2. subsidies resulting from the destruction or damage to housing and furnishings are also governed by established in Royal Decree 307/2005, of 18 March. In order to prove ownership of the properties affected by the claims, any document that demonstrates that title, such as receipt of payment of the tax on real estate or others of a similar nature shall be admissible in evidence.

3. natural and legal persons and the communities of property owners of industrial, commercial, maritimo-pesqueros, tourist establishments and other services shall also be subject to aid as established in the Royal Decree 307/2005, of 18 March.

In the event that the person concerned had been compensated by the Consorcio de Compensación de Seguros, with implementation of the planned franchise in article 9 of the regulation of special risk insurance, approved by Royal Decree 300/2004, of 20 February, may grant a subsidy of up to 7 percent of the amount of the compensable damage caused by the accident up to the maximum amount of 8,000 euros referred to in article 28 of Royal Decree 307/2005, 18 March, unless, in any case, the sum of this grant and compensation corresponding to paid insurance, or any other subsidy or public or private assistance to which it is entitled, it may exceed the value of the produced damages.

In these cases, the interested party must submit a certificate issued by your insurance company supporting that this has not been paid in whole or in part the amount corresponding to the legal allowance applied by the Consorcio de Compensación de Seguros.

4 shall also be subject to the aid laid down in articles 27 and 28 of Royal Decree 307/2005, of 18 March, owners of farms and livestock which, having policies covered by the combined agricultural insurance Plan and being located in the area of application referred to in article 1, were damaged in operating elements which are not insurable.

In these cases, is may grant a grant of until the 70% of them damage valued by an expert College, until an amount maximum of 8,000 euros, without, in any case, the sum of this grant and any other grant or income public or private to is have right can overcome the value of the damage or prejudice produced. In the case of roads, the expert report must contain, in any case, a sketch of the roads affected according to the information registered in the system for identifying agricultural plots (SIGPAC) geographical information. Fees derived from the production of the report up to a maximum of 300 euros may be counted as eligible expenditure.


Stakeholders credited the ownership of the items damaged by a policy of insurance in force under the combined agricultural insurance Plan. (To these effects, is will accept also a policy of the campaign earlier in them so-called referred in the article 9.2. to) of this Royal Decree-law.

Also, to accredit the exercise of the activity business or professional them interested shall authorize expressly to the organ Manager to collect of the Agency State of Administration tax it information relevant of the Census of entrepreneurs, professional and retainers.

5. the requests for the award of these supports is processed by them delegations or them sub-delegations of the Government in them communities autonomous affected; they will be presented within the period of two months from the entry into force of this Royal Decree, and they will be resolved by the Minister of the Interior in the period of three months from the filing of the application.

6. them aid that is granted in application of it planned in this article is financed with charge to them credits of them concepts 472, 482, 771 and 782 of it application budgetary 16.01. 134 M «for attentions of all order motivated by claims, disasters u others of recognized urgency», gifted with character of expandable in the existing budget of the Ministry of the Interior.

Article 3. Rules applicable to the aid to natural or legal persons who have made personal benefits and of goods, and aid to local corporations scheme.

1. the aid to them people physical or legal that have made benefits personal and of goods is governed by it arranged in the Real Decree 307 / 2005, of 18 of March.

2. them aid to corporations local by the expenses caused for make facing these situations of emergency is governed by it willing in the Real Decree 307 / 2005, of 18 of March, without are applicable them limits e amounts set in them articles 22 and 23.

These grants will not aim repairs or replacements of infrastructural nature referred to in article 4 of the Royal Decree-law. Non-Deferrable actions that have been carried out in order to guarantee the life and safety of people and the functioning of essential public services, focusing on the same scope of application referred to in that article, however, may be eligible. Between these performances is include the evacuation, accommodation and power of people affected by them disasters, the withdrawal of mud, snow and ice, the drainage of water, the withdrawal of animals dead, as well as the cleaning of way and environments public that are indispensable for them purposes described.

For these purposes, works carried out by means of the local Corporation are excluded from this concept, whether material, such as machinery or tools, already human, understanding as such the staff hired prior to the facts that cause. In no case will be eligible the expenses of personal generated by firemen, police local, protection civil and others of character analog.

3. Requests for the granting of the aid provided for in the preceding paragraphs will be delegations or sub-delegations of the Government in the regions affected, within the period of two months as from the entry into force of the present Royal Decree-law.

4. subsidies granted in application of the provisions in this article are financed from appropriations of the concepts 461, 471, and 761 of the budgetary application 16.01. 134 M "for attention of all kinds caused by accidents, catastrophes or other recognized emergency», endowed with character of scalable in the current budget of the Ministry of the Interior.

Article 4. Damage to municipal infrastructure and road network of the provincial and provincial councils.

Projects that are running local authorities in the municipalities and localities that referred to in article 1, concerning the works of repair or restoration of infrastructure, equipment and facilities of municipal, regional ownership and of the communities, including in article 25.2 of the Act 7/1985, of 2 April regulating the bases of local regime, and the road network of the provincial and provincial councils, Island Councils, as well as uniprovinciales autonomous communities, shall apply to the procedure of urgency, and the State may grant them a subsidy of up to 50 percent of their cost, excluding the work carried out by means of the local authority either materials, equipment, or personnel.

Article 5. Actions in the public water domain in the affected regions.

(Is empowers to the Minister of agriculture, power and environment for declare area of action special for the restoration of the domain public hydraulic of them areas affected in them basins hydrographic intercommunity and to declare the emergency of them works to run by said Department, in them following materials: to) restoration and repair of them damage caused by them avenues of waters and the wind , both in the infrastructures hydraulic as in the margins of the rivers.

(b) cleaning, removal of plugs, repair of drains, of collectors, siphons, drains and similar that reduce the consequences of the excess of water and that prevent facing future avenues.

(c) actions of repair in walks River and margins of the rivers that affect to other structures adjoining.

Article 6. Performances at the coast.

It empowers the Minister of agriculture, food and environment to declare area of special performance for the restoration of the terrestrial public of affected areas, and to declare the emergency of the works run by that Department in the following areas: to) restoration and other works that will ensure the integrity and proper conservation of the terrestrial public, as well as complementary efforts to ensure the sustainability of the coast and mitigate the effects of future temporary and roster.

(b) protection and preservation of the elements comprising the terrestrial public, in particular the sustainable adaptation of beaches and beaches, dunes and coastal wetlands systems, recovery and regeneration thereof, as well as conducting, supervision and control of studies, projects and works on the coast.

(c) repair and restoration of damaged structures on the coast, such as promenades, access to the public domain and walls, among others.

Article 7. Performances in rural infrastructure of general use in the affected regions.

It empowers the Minister of agriculture, food and environment to declare area of special performance for the restoration of rural infrastructure for general use, such as natural trails and greenways.

Article 8. Other public infrastructure damage.

Empower holders of the various ministerial departments competent by reason of the matter for declaring areas affected as a zone of special performance, so that these departments, its autonomous bodies and public entities dependent on them to carry out the restoration work proceeding. For the indicated purposes, may declare emergency works running such departments to repair damage to state-owned infrastructure within their sphere of competence.

Article 9. Aid for damage caused in agricultural and livestock productions.

1. them aid planned in this article Iran intended to them holders of them farms agricultural and livestock that, having policies in force covered by the Plan of safe agricultural combined and being located in the field of application designated in the article 1, have suffered losses upper to the 30% of its production, with arrangement to them criteria of the Union European to this respect.

(2. will be object of helps: to) them damage reported in them holdings agricultural and livestock for which in them dates of the sinister not had started the period of subscription of the corresponding safe, or this not has finished and that not had formalized even it policy for this campaign, provided is had hired the safe for such production and cultivation in the campaign earlier.

(b) the damage on them productions agricultural and livestock that, having policy in force for such productions covered by the system of safe agricultural combined, not were guaranteed by said system.

(c) the damage caused in the agriculture and livestock productions not included in the current Plan of combined agricultural insurance.

3. subsidies for damages caused on agricultural production shall be calculated taking into account the losses recorded over the average of the productions of the last three campaigns. In the case of woody productions, may take into account, in addition, an assistance equivalent to the cost of replacement of the affected plantations.

4. for the remaining productions, aid shall be determined taking into account, to the extent where applicable, conditions and procedures set out in the agricultural insurance system.

5. the Ministry of agriculture, food and environment, in coordination with the autonomous communities, shall establish the procedure for the determination of all the aid provided for in this article and the maximum of the same amount.

Article 10. Tax benefits.


1. is grants the exemption of them fees of the tax on goods estate corresponding to the exercise of 2015 that affect to housing, establishments industrial, tourist, commercial, maritimo-pesqueros and professional, holdings agricultural and forest, local of work and similar, damaged as consequence direct of them claims to is concerns the article 1 of this real decree-law, when is credit that both them people as them goods in them located have had that be object of rehousing total or partial in other housing or local different until the repair of them damage suffered, or them damage in crops constitute claims not covered by any formula of assurance public or private.

2. is granted a reduction in the tax on economic activities corresponding to the period from 2015 to the industries of any kind, professional, tourist, maritimo-pesqueros, and commercial establishments whose premises of business or assets pertaining to this activity have been damaged as a direct result of the claims, provided that it had to be object of rehousing or damage that force the temporary closure of the activity. It indicated reduction will be proportional to the time elapsed from the day in that is has produced the cessation of the activity until your restart in conditions of normalcy, already is in them same local, already is in others enabled to the effect, without prejudice of consider, when the gravity of them damage produced give origin to this, the so-called of cessation in the exercise of that It will take effect from December 31, 2014.

3. them exemptions and reductions of fees in them tributes designated in those paragraphs earlier will understand them of them surcharges legally authorized on them themselves.

4. taxpayers which, having right to the benefits established in the preceding paragraphs, have satisfied the receipts for that fiscal year, may request the refund of amounts entered.

5. will be exempt of them rates of the Agency autonomous headquarters Central of traffic established by the law 16 / 1979, of 2 of October, the processing of them low of vehicles chosen as consequence of them damage produced by them claims, and the expedition of duplicate of permissions of circulation or of driving destroyed or lost by such causes.

6. the decrease in income in local taxes to previous paragraphs of this article in the municipalities and councils will be compensated out of the State budget, in accordance with the provisions of article 9 of the amended text of the Act regulating the local Haciendas, approved by Royal Legislative Decree 2/2004, of 5 March.

7. will be exempt from the tax on the income of them people physical them supports exceptional by damage personal to is concerns the article 2.

Article 11. Tax cuts for agricultural activities.

For them farms and activities agricultural, made in them areas that determine the order that is issued in execution of it willing in the article 1 of this real decree-law, and according to them forecasts contained in the paragraph 4.1. ° of the article 37 of the regulation of the tax on the income of them people physical, approved by the Real Decree 439 / 2007 , March 30, and paragraph 3 of article 38 of the regulation of the tax on the value added, approved by the Royal Decree 1624 / 1992, 29 December, the Ministry of finance and public administration, in view of the reports of the Ministry of agriculture, food and environment, may authorize, on an exceptional basis, the reduction of net return indices them referred to order HAP/2222/2014 of 27 November, which are developed by the year 2015 method of objective estimate of the tax on the income of physical persons and the simplified special scheme of value added tax.

Article 12. Measures labour and of Security Social.

1. them dismissals collective, suspensions of contract and reductions of jornadaque have their cause direct in them damage produced by them episodes meteorological described in the article 1.1 of this real decree-law, as well as in them losses of activity directly derived of them themselves, in them sectors that is related, that are duly accredited, will have the consideration of from of a situation of force greater with the consequences that derive from articles 47 and 51 of the text revised law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March. In the first case, the General Treasury of the Social Security may exonerate entrepreneur of the payment of Social security contributions and concepts of joint fundraising during the period of suspension, keeping the condition of that period like actually quoted by the worker. In them cases in that is produce the extinction of the contract, the compensation of them workers run to charge of the Fund of warranty wage, with them limits legally established.

In cases is decided by the company the suspension of contracts or temporary reduction of the working day basis in exceptional circumstances, the public State employment service and, where appropriate, the Social Marine Institute, may authorize that the time in which received unemployment benefits, regulated in title III of the text of the General Social Security Act approved by Royal Legislative Decree 1/1994 of 20 June, that bring the immediate cause of the events included in the scope of this Royal Decree, does not compute the effects of consuming the maximum perception periods. Equally, may authorize that receive benefits by unemployment those workers included in such records that lack of them periods of quote needed to have right to them.

2. companies and the self-employed persons covered by any Social security scheme, may request and obtain, prior justification of damages or losses of activity directly derived from them, a moratorium of up to a year, without interest, in the payment of contributions to Social Security and by joint fundraising concepts corresponding to three consecutive calendar months counting from the previous production of the accident or, in the case of workers included in the special regime of workers self-employed, since that occurred.

3 contributors to Social security are entitled to the benefits established in the preceding paragraphs and have satisfied the contributions for exemptions or the moratorium question may request the refund of entered amounts, including, where applicable, interest, surcharges and corresponding costs. If which was entitled to a refund were indebted to the Social security contributions for other periods, the refund credit will be applied to the payment of outstanding debts with that in the way that legally appropriate.

4. to carry out the works of repair of the damage caused, public administrations and non-profit entities may request the competent public employment service the secondment of workers recipients of benefits for unemployment to jobs of social partnership, in accordance with article 213.3 of the consolidated text of the General Social Security Act.

Article 13. Procurement regime.

1 may be regarded as works, services or supplies of emergency, after the agreement of the contracting authority, fulfilling the requirements of article 113 of the consolidated text of the law of contracts in the public sector, approved by Royal Legislative Decree 3/2011, of 14 November, contracts for the repair or maintenance of infrastructure, equipment and services, as well as works of replacement of goods affected by the disaster , anyone that is your claims.

2. it is declared urgent occupation of property affected by expropriations derived from the execution of the works referred to in this article, for the purposes set out in article 52 of the law on compulsory expropriation of December 16, 1954.

3. for the processing of records of hiring of works not included in article 126.2 of the revised text of the law on public sector contracts it will dispense the prerequisite of availability of land, notwithstanding that its effective occupation must be preceded with the formalisation of the Act of occupation.

Article 14. Cooperation with local authorities.

1 empowers the head of the Ministry of finance and public administration to propose the payment of subsidies arising from damage in infrastructure, equipment and facilities belonging to municipal, County, and the municipalities, included in article 25.2 of the Act 7/1985, April 2, and the road network of the provincial and provincial councils , Island Councils, as well as uniprovinciales autonomous communities, referred to in article 4, in the part that finances the General Administration of the State, once carried out estimations of damages, up to the maximum amount to be determined in the Royal Decrees of development.


2. such grants is will attend with charge to the credit that to these effects are enabled, with the character of combinable in the budget of said Department.

3. by the same token, it empowers the holder of the Ministry of finance and public administration to establish the procedure for the granting of subsidies mentioned, as well as its monitoring and control, in the framework of the economic cooperation of the State investments of local authorities article 15. Consorcio de Compensación de Seguros.

1. the delegate of the Government in the community autonomous affected may request of the consortium of compensation of safe, for a more correct evaluation of them damage not personal, the corresponding ratings necessary according to them articles 2 and 3 of this real decree-law, whenever not affect to goods of ownership public.

2. the Consorcio de Compensación de Seguros is entitled to the payment by the General Administration of the State of work of expert opinion in accordance with the scale of fees that the Consortium had approved for their expert appraisers for insurance.

3. in order to facilitate the processing of aid and the valuation of the damage, the competent administration and the Consorcio de Compensación de Seguros may transmit data on beneficiaries of subsidies and compensations that grant, their respective amounts and the affected goods. The insurance companies operating in the Spanish territory shall be obliged to supply to the Consorcio de Compensación de Seguros information it requested them to comply with the provisions above.

Article 16. Investments made to repair them damage included in the scope of application of the Royal Decree-law.

Investments to repair the damage referred to in article 1 of the Royal Decree-law by the local authorities which comply with the requirements of the sixth additional provision of the organic law 2/2012, on 27 April, of budgetary stability and financial sustainability, will be considered financially sustainable investments.

Exceptionally, these investments will be implemented on a priority basis against other financially sustainable investments and not be them apply paragraphs 1, 2, 4, 6 and 7 of the sixteenth additional provision of the consolidated text of the Act regulating the local Haciendas, approved by Royal Legislative Decree 2/2004, of 5 March.

First additional provision. Limits of the aid.

He value of them aid granted in application of this real decree-law, in what to damage materials is refers, not may overcome in any case the difference between the value of the damage produced and the amount of others aid or compensation declared compatible or complementary that, by them same concepts, could grant others organisms public, national or international, or could correspond under the existence of policies of assurance.

Second additional provision. Budget appropriations.

The repair of damage caused in the General Administration of the State-owned assets or, where appropriate, of the subsidiaries it, subsidies granted in application of the provisions of article 14, as well as the action taken in implementation of the provisions of articles 7 and 9, will be funded from the contingency fund of budget implementation.

He Government, to proposal of the Minister of Hacienda and administrations public, will enable them credits corresponding in them budgets of them departments Ministerial affected, of conformity with it intended in them articles 50 and 55 of the Law 47 / 2003, of 26 of November, General budget.

Provision additional third. Agreements with other public administrations.

The Administration General of the State may celebrate them conventions of collaboration that requires the application of this Royal Decree-law with them organs competent of them communities autonomous and them corporations local affected.

For the purposes of the issuance of the prescriptive and binding report referred to that one of the first additional provision of law 36/2014, on December 26, from the State budget for the year 2015, the circumstances justifying the adoption of the measures covered in this Royal Decree-Law will be specially considered.

Fourth additional provision. Inter-Ministerial Committee on follow-up to the measures of support to victims.

1. is created an inter-ministerial Commission for the implementation of the support measures envisaged in this Royal Decree-Law, coordinated by the General Directorate of Civil Defence and emergencies, and composed of representatives of the ministries of the Presidency, of the Interior, finance and public administration, promotion of employment and Social Security, and agriculture, food and environment , as well as by the delegates of the Government in the communities autonomous affected and by a representative of the consortium of compensation of insurance.

2. the monitoring of the support measures provided for in this Royal Decree-Law will be held by the Commission referred to in the preceding paragraph, in coordination with the authorities of the autonomous communities, through the respective Government delegations.

3. before the 30 of October of 2015 the Commission inter-ministerial shall draw up a report on them performances led to out in execution of this Royal Decree-law.

Fifth additional provision. Not increase in personnel costs the measures foreseen in this Royal Decree-Law will take place with the current allocations of staff, no increase of fees or other costs of personnel.

First final provision. Title competence.

This Royal Decree-Law dictates the amparo rules pursuant 7th, 13th, 14th, 17th, 23.ª and 29th in article 149.1 of the Constitution, without prejudice to additional protective measures which they have adopted or may adopt the affected regions.

Second final provision. Evaluation of impact environmental.

Exemption from environmental impact assessment of those works of repair or rehabilitation of infrastructure, equipment and facilities referred to in articles 4, 5, 6, 7 and 8, which must be subject to environmental impact assessment, in accordance with article 7 of the law 21/2013, December 9, from environmental assessment shall be determined by agreement of the Council of Ministers they will be exempt from the conduct of such proceedings in accordance with the provisions of article 8, paragraphs 3 and 4, of the aforementioned Act 21/2013, 9 December.

Third final provision. Schools of development.

Government and the holders of the various ministerial departments, within the scope of their respective competencies, will dictate the necessary provisions and establish deadlines for the implementation of the provisions of this Royal Decree.

Fourth final provision. Entry in force.

The present Royal Decree-Law shall enter into force the day of its publication in the «Official Gazette».

Given in Madrid on March 6, 2015.

PHILIP R.

The Prime Minister, MARIANO RAJOY BREY