The Government has approved, on the proposal of the Ministries of Territorial Policy and Democratic Memory and Digital Transformation and Public Service, a Royal Decree that regulates the creation, secondment and functions of the Special Commissioner for the reconstruction and repair of damages caused by DANA in different municipalities between October 28 and November 4, 2024, in accordance with Law 40/2015, on the Legal Regime of the Public Sector.
The DANA has caused a large number of fatalities, as well as extensive damage, such as flooding in dozens of municipalities, roads and cut roads and shattered bridges.
Given the magnitude of the damage caused and the measures that are necessary for the recovery of normality in the affected areas, the action of the General State Administration (AGE) and the declaration of an area seriously affected by a civil protection emergency are considered justified, based on the principle of interterritorial solidarity and in a subsidiary way, complementing the actions that, in the exercise of their competences, are entrusted to the territorial administrations.
Special Commissioner
The Special Commissioner for the reconstruction and repair of the damage caused by DANA in different areas of the Peninsula and the Balearic Islands is created between October 28 and November 4, 2024, with the rank of Undersecretary and with temporary validity, who will be responsible for the promotion, coordination and monitoring of the implementation of the measures adopted by the AGE, as well as coordination with the territorial administrations affected. The incumbent of the Commissioner shall perform his functions under the organizational and functional unit of the incumbent of the Ministry of Territorial Policy and Democratic Memory. The Commissioner shall perform the following functions:
- Promote the implementation of the measures adopted by the AGE to mitigate the damage caused by the DANA.
- To carry out periodic analysis and monitoring of the implementation of the measures adopted by the AGE, especially the granting of aid and advances, as well as to propose new measures to the Interministerial Commission for the development of urgent measures for the territory affected by DANA, with special emphasis on the simplification of procedures and reduction of administrative burdens.
- To submit reports to the Government on the activities carried out and the results, as well as any proposals deemed necessary for the proper fulfilment of the mandated functions.
- To request from the ministerial departments, entities dependent on the AGE and the Government Delegations, Government Subdelegations and Island Directorates of the affected territories, as much information as is necessary for the fulfilment of their functions, and to convene any meetings required for this purpose.
- Promote the coordination of the AGE with the territorial administrations affected in the implementation of the measures adopted.
- Support the incumbent of the Ministry of Territorial Policy and Democratic Memory in the exercise of the functions of the presidency of the inter-ministerial commission for the development of urgent measures for the territory affected by DANA.
Likewise, in the functions that the State is responsible for in the face of the effects caused by DANA, in the territorial sphere determined in Royal Decree-Law 6/2024, the National Response and Reconstruction Mechanism against DANA will adjust its activities to the determinations established by the Commissioner.
- As for its structure, they are created within the Commissioner, with the rank of general sub-directorate:
- The Office for the Coordination and Promotion of Aid Implementation
- The Office of Institutional Relations
- In the exercise of his/her functions, the Commissioner shall be assisted by the competent bodies of the AGE on the basis of the matter, as well as by the bodies of the territorial administrations concerned, in accordance with the principles of cooperation and coordination between public administrations.
This royal decree is issued in exercise of the power of self-organization of the AGE and does not affect the competences of the autonomous communities. The royal decree, on the other hand, will have a positive impact on the economy, while helping to resume the business activities that have been affected by DANA.