Decree On Subsidies For Modernization Of Fishing Vessels And To Selective Fishing Gear

Original Language Title: Bekendtgørelse om tilskud til modernisering af fiskerfartøjer og til selektive fiskeredskaber

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Overview (table of contents) Chapter 1 purpose and content of the scheme Chapter 2 Definitions Chapter 3 Administration Chapter 4 Undertaking eligible projects Chapter 5 conditions of pledge supplements Chapter 6 amendment of the project and entry into commitments Chapter 7 eligible project expenditure Chapter 8 Calculation of subsidy Chapter 9 the payment of supplements Chapter 10 obligation Chapter 11 cancellation of commitments and repayment of the subsidy Chapter 12 Chapter 13 Force majeure the entry into force of The full text of the Decree on subsidies for modernization of fishing vessels and to selective fishing gear

Under section 3 of the basic regulation. § 2, nr. 1, point (c), section 7, paragraph 4, article 11, paragraph 4, and section 13, paragraph 1, of the lov nr. 1552 of 20. December 2006 on the development of the fisheries and aquaculture sector (Fisheries Development Act) shall be determined: aim and content of the scheme Chapter 1 section 1. The purpose of the scheme is through subsidies for investments in modernisation of fishing vessels and investment in selective fishing gear to promote an environmentally and economically sustainable fisheries.

§ 2. Food Business can within the Finance Act provided for budgeting frameworks promise subsidies for investments in modernisation of fishing vessels, and to investment in selective fishing gear.

(2). Commitments for grants can be given to owners of fishing vessels when these owners are registered as commercial fishermen or as companies covered by the fisheries law.

Chapter 2 Definitions section 3. By selective fishing gear, for the purposes of this Ordinance, there are tools intended to be used when fishing from a fishing vessel, and which are arranged in order, to fishing with nets does not result in unwanted by-catch.

Chapter 3 Administration authorities and control



§ 4. Food Business shall take a decision in accordance with this Ordinance.

§ 5. Food Business shall carry out checks in connection with the Administration after this announcement.

(2). Food Industries carries out the physical checks and the subsequent accounting control.

(3). Fisheries Directorate may, in accordance with the authorisation of the Minister for food, agriculture and fisheries, the physical control and the subsequent accounting control.

(4). Food industries and Fisheries Directorate-General can to use for checks to obtain information from other authorities, as necessary, in accordance with the Fisheries Development Act § 12.

Application for grant commitments



§ 6. Application for reimbursement shall be submitted to the commitment of the Food Profession on a special table that is available via the Food Business website or by contacting the Food Profession.

(2). Application may be submitted from the 15. January and must be received in the Food Business by 1. April of the same year. Food Industries may provide additional application periods that will be published on the Food Business website no later than 1 week before the filing period. In cases where the deadline is a Saturday, Sunday, Monday, or a public holiday, the deadline shall expire on the second working day (Saturday excluded) that follows thereafter.

(3). The 2011 application for commitment can grant to selective fishing gear, subject to section 12, paragraph 1, no. 2 shall be submitted from the 11. may and must be received in the Food Business by 15. June 2011. Food Industries may provide additional application periods that will be published on the Food Business website no later than 1uge before the application period.

(4). Food Business shall acknowledge of receipt of the application and may in this connection grant permission to launch the project.

Prioritization and decision



§ 7. Food Industries can use the budgeting framework laid down in the Finance Act in one filing period or distribute it to multiple filing periods.

(2). Food Business can distribute the budgeting framework for a filing period on separate indicative framework for one or more themes.

(3). Food Business provides information on its website prior to the start of the period of application of the budgeting framework and any indicative frameworks that will be applicable for the application period.

§ 8. If the budgeting framework laid down for a filing period, or the indicative framework established for a theme, does not make it possible to respond to all applications that qualify for commitment to grant priority applications after a points system as determined by the Food Business, as published on Food Business website no later than the filing period.

(2). By Food Business establishment of the points system covered by paragraph 1, the emphasis is on the expected effects of an applied project and on the total budgeted expenditure for the project, contained in the application. The allocation of points is done with diminishing emphasis in the following order: 1) Selectivity.

2) Stability improvement.

3) Safety and the working environment.

4) Future catches quality.

5) energy efficiency improvements except for engine replacement.

6) engine replacement.

§ 9. Food Profession can make a decision about refusal or partial rejection of applications, if the Food Profession considers 1) to the effect of the applied project did not adequately contribute to fulfill the purpose of the scheme, 2) to the effect of the requested project is not sufficient in relation to the project's budgeted expenditure, or 3) to the estimated cost is not reasonable.

(2). Food Profession can for each fishing vessel in the period 2007-2013 a total maximum promise reimbursement for an amount that does not exceed 80 per cent of the vessel's insurance value 1. January in the application year. If the fishing vessel is not insured, must the applicant obtain an assessment of the vessel's insurance value in accordance with the guidelines provided by the Food industry and published on Food Business website in advance of the application period.

Chapter 4 the undertaking eligible projects general conditions



§ 10. Commitments for grants may be given for projects that include investment in the modernisation of fishing vessels, and applicants for projects involving investment in selective fishing gear to use when fishing from the applicant's fishing vessel, where the project meets one or more of the following requirements: 1) the project concerns the investment that creates opportunity for the improvement of future catches quality, so that the value per unit of catch increases.

2) project concerns investments that directly improves the safety and working environment for the crew.

3) project concerns investments that can reduce the impact of fishing on non-commercial species, ecosystems or the seabed, or which can contribute to the reduction of discards of catches.

4) Project relating to energy efficiency.

(2). Commitments on subsidies may be granted only for projects, if the fishing vessel, which is attached to the project, at the time of application is registered in the EU fleet register of fishing vessels and has been registered in the register for at least 5 years.

(3). The commitment of grant for a project can be made only if the total budgeted expenditures in the project are: 1) 25,000 USD for projects that only includes investment in stability improvement.

2) DKK 50,000 for other projects apart from the projects, which include investments in selective tools alone.

§ 11. The commitment of grant for a project can not include commitments on subsidies for the following investments: 1) Investments which enhance the ability to catch fish for the vessel, which is linked to investment.

2) Investments relating to the construction of fishing vessels.

3) Investments relating to extension of the cargo compartment.

(2). The Fisheries Directorate-General should be involved in the assessment of whether an investment will increase the capacity to catch fish for the vessel, which is linked to investment.

Special conditions for investment in selective fishing gear



§ 12. The commitment of grant for a project may include commitments for aid for investments in fishing gear, in order to improve the selectivity of the fishery, if 1) fishing vessel, which they referred to fishing gear to be used from, is subject to a recovery plan within the meaning of art. 5 of Council Regulation (EC) No 2371/2002 on the conservation of fisheries resources under the common fisheries policy, to change its method of trapping and is leaving the fishery concerned to pass to another fishery where resource mode makes it possible to fish, or 2) the new gear is more selective than it in no. 1 vessel referred to current tools and on the date of acquisition meets recognised environmental criteria and environmental rules, which go beyond the obligations under Community law.

(2). The commitment of grant for a project can not include commitments on subsidies for investment in replacement of a fishing vessel's fishing gear if there earlier in the period 2007 to 2013 are given supplements twice after the Fisheries Development Act for the replacement of fishing gear on the same vessel.

§ 13. The commitment of grant for a project may include commitments on subsidies for investments in the first replacement of fishing gear in order to ensure compliance with new technical requirements on selectivity under Community law, if the acquisition happens before the date on which the requirements will be mandatory, or for a period after that date, if it is provided in the relevant EU legislation.


§ 14. The commitment of grant for a project may include commitments on subsidies for investments in the first replacement of fishing gear, if the replacement is done to reduce the impact of fishing on non-commercial species.

Special conditions for investment in motor replacement



§ 15. The commitment of grant for a project may include commitments on subsidies for investment in replacement of a fishing vessel's main engine, if the vessel has an overall length of 24 metres or less, and if in paragraph 2-7 listed conditions are met.

(2). The commitment of grant for a project may include commitments on subsidies for investment in replacement of main engine of fishing vessels under 12 metres, if the vessel is not equipped for the use of any towed nets, as indicated in table 3 of annex I to Commission Regulation (EC) No 1782/2003. 26/2004 on a Community fleet register, and if the new engine has the same or lower power than the motor, being replaced by the replacement.

(3). The commitment of grant for a project may include commitments on subsidies for investment in replacement of main engine of fishing vessels under 24 m., which are not covered by paragraph 2, if the new main engine has an effect, which is at least 20 percent lower than the effect of the engine will be replaced by the replacement.

(4). Notwithstanding paragraph 3, the commitment of grant for a project include commitments on subsidies for investment in replacement of main engine on a fishing vessel covered by paragraph 3, if the new engine has the same or lower power than the motor, being replaced by the replacement, provided that the vessel belongs to a group fulfilling the conditions laid down in paragraph 5, and the total engine power of the vessels in the group is reduced by at least 20 per cent of the effect of the motor being replaced by the replacement. The replacement of multiple engines in the group, the total engine power of the vessels in the group is reduced by at least 20 per cent of the total effect of all the engines that are replaced by new faces. The reduction of engine power that emerges from the 1. and 2. sentence shall not be reinstated on one or more vessels in the Danish fishing fleet.

(5). A group must consist of several fishing vessels covered by paragraph 3. To such a group can be covered by paragraph 4, the group must be notified to the Food Business, and vessels must be identifiable as members of the same group in the Fishing vessel register of the Directorate. The Group should also meet the following conditions: 1) the group must consist of no more than 50 vessels.

2) All vessels in the group will drive the main part of their fishing in the same management areas, which may be the North Sea (ICES AREA IV), Skagerrak, Kattegat, the belts or the Baltic Sea (ICES III).

3) All vessels in the group must use the same primary fishing gear, which can be a) trawl including pelagic trawl nets, bottom trawls and beam trawls, Danish seines or flyshooter-vod) b, c, or d) longlines) put the yarn or similar yarn including traps and trammel nets.

(6). The reduction of engine power required by paragraphs 3 and 4, must be achieved without public support.

(7). The commitment of grant for a project can not include commitments on subsidies for investment in the replacement of a vessel's main engine, if earlier in the period 2007 to 2013 are given subsidies for Fisheries Development Act for the renewal of the same vessel main engine.

(8). Food Business which give rise to that referred to in paragraph 5 registration of a group of fishing vessels as part of the same group in the Fishing vessel register of the Directorate and the Directorate of fisheries register the reduction of engine power to the group, which will be done by an undertaking in accordance with paragraph 4, so that reduction not later can be used to increase the engine power at other Danish fishing vessels.

Chapter 5 conditions of commitment grant § 16. The grant is conditional on commitments 1) to the necessary permissions from public authorities is achieved before the request for payment of grants submitted to Food profession 2) that the applicant shall deliver the information that Food Business requests for use of the procedure, 3) that undertaking gardens submit withdrawal requests and project report in due time, without prejudice. Article 24, paragraph 2, 4) that the project be maintained for a period of at least 5 years from the date of grant, 5) commitment to withdrawal request with associated original accounting documents shall be kept available until 31. December 2021, 6) to the fishing vessel, in relation to which the commitment has been granted a subsidy for a project, not for 5 years from the date of the commitment of the EU fleet is deleted grants register of fishing vessels, 7) that the project be terminated before a date to be fixed by the Food Business, and which cannot be later than one year from the date of grant, unless the commitment of Food Business shall notify a derogation from here , 8) that undertaking gardens ensures that the supervisory authority has access to the project in connection with controls, and 9) the undertaking shall submit a report on the project's effects Gardens 2 and 5 years after the date of payment of the grant. The report shall be made on a special form, which is available via the Food Business website or by contacting the Food Profession.

(2). Food Profession establishes in undertaking detailed conditions of the undertaking ' s obligation to inform about the public financing of the project.

(3). Food Industries can in the undertaking, establish additional conditions for undertaking for reimbursement.

§ 17. Commitments for grants is subject to the lodging by the applicant at the time of application can demonstrate the technical and economic viability of the company and the project after the project is completed. The assessment of the economic viability shall conclude the following: 1) about the company in the last financial year has had a positive equity, or made a going concern qualification.

2) about the company in the previous 3 financial years have had positive financial results after tax.

3) information about the company's production and placing on the market the last 3 years.

4) Expected and future fishing possibilities and earnings.

(2). By start-ups viability is assessed in accordance with guidelines established by the Food industry. The guidelines are published on the Food Business website prior to the start of the application.

§ 18. Commitments on subsidies for investments subject to section 15, paragraph 2 is also conditional on the fishing vessel shall not, during the period from application for grant commitments to the date on which the project must be completed, see. section 16 (1) (8). 7, is designed to use towed gear as listed in table 3 in annex I to Commission Regulation (EC) No 1782/2003. 26/2004 on a Community-fleet register.

(2). Commitments on subsidies for investments subject to section 15, paragraph 4 is also subject to the reduction of the Group's total engine power shall be maintained for 5 years after that paid grants for replacement of a main engine on a vessel in the group.

Chapter 6 amendment of the project and joining the undertaking § 19. Modification of a project may be approved by the Food Business on the condition that the change in accordance with the Food Business assessment is in accordance with the purpose of the project. Application for amendment of a project must be approved by the Food Profession before the change is implemented.

(2). Commitment amount cannot be increased in connection with changes in the project.

(3). Application for amendment of a project must be received in the Food Business within 2 months before the date on which the project must be completed. Food Industries can in special cases, grant a derogation from this deadline.

§ 20. Food Business can allow an application to another, which, according to § 2 (2) may be undertaking gardens joins the a commitment to grant. The occurring in the undertaking, assuming rights and obligations after the undertaking.

(2). Application in accordance with paragraph 1 must be submitted on a special form, which is available via the Food Business website or by contacting the Food Profession.

Chapter 7 eligible project expenditures § 21. Eligible expenditure may include 1) the cost of the implementation of the project, and 2) the cost of the preparation of the project report, see. Article 24, paragraph 2.

(2). The expenses must be necessary for the implementation of the project and must be directly related to the implementation of the project.

§ 22. The expenditure eligible for financing may not include 1) the cost of used or refurbished equipment, 2) expenditure incurred before the Food Profession gardens undertaking has given permission for the implementation of the project, see. section 6, paragraph 4, however, if such authorisation is not given, the cost, as the undertaking has held before undertaking date, 3) expenditure relating to activities in which the undertaking gardens is committed to implement pursuant to other legislation, except expenses for investments subject to section 13, 4) expenditure qualifying for public aid or the aid provided for in other legislation, apart from the official national aid in the form of guarantee , bail or similar, 5) financing, law and banking costs, 6) expenses in the form of benefits in kind within the meaning of art. 55 of Council Regulation (EC) no 1198/2006 on the European Fisheries Fund, 7) VAT, unless this definitively borne by undertaking gardens, and 8) the cost of leasing or renting.

Chapter 8 Calculation of reimbursement section 23. Subsidies can be granted for up to 20 per cent of the eligible costs for investments in motor replacement covered by § 15.

(2). Subsidies can be granted with discounts up to 40% of eligible expenditure for investments in replacement of tools within the scope of § § 12-14.


(3). Grants may be awarded with up to 30% of eligible expenditure for investments, which are not covered by paragraph 1 or paragraph 2.

(4). Granted there are other public national aid in the form of a warranty, guarantee or similar to expenditure which is eligible under this Ordinance, shall be set up on its own after this notice to the said expenses, so that the total public aid does not exceed 1) 20% of the eligible expenditure for investments covered by paragraph 1, or 2) 40% of eligible expenditure for investments subject to paragraphs 2 and 3.

Chapter 9 the payment of supplements section 24. Payment of grants on the basis of the undertaking ' s statement of paid eligible expenses, which must be documented. Request for payment of the reimbursement shall be made on a special form, which is available via the Food Business website or by contacting the Food Profession. The request shall contain the information and be accompanied by the supporting documents, such as Food Industries are demanding to use for the calculation and payment of grants.

(2). Withdrawal request must be received in the Food Business within three months after the date on which the project must be completed. Food Industries can in special cases, grant a derogation from this deadline. Request for payment shall, in addition to what is required under paragraph 1 shall be accompanied by a project report. The project report must be written on a special form, which is available via the Food Business website or by contacting the Food Profession.

(3). The grant is transferred to the undertaking's NemKonto.

Chapter 10 article 25 obligation. Undertaking Gardens must throughout the period in which the conditions for undertaking for reimbursement must be met, upon request, declare to the Food Profession about whether conditions for the commitment of the grants continue to be met.

(2). Undertaking gardens is in the whole period in which the conditions for the grant must be met, commitments obliged without undue delay in writing to give the Food Business Notification of conditions that can result in cancellation of commitments for reimbursement or repayment of grants under section 26.

Chapter 11 cancellation of commitments and repayment of grants section 26. The commitment of grant shall lapse if 1) conditions for grant commitments not met, 2) undertaking gardens have given false or misleading information or has concealed information in relation to the merits of the decision, 3) the project is not carried out in accordance with the undertaking, 4) undertaking gardens overrides his duties after the Fisheries Development Act, section 11, paragraph 2, or 5) undertaking gardens does not meet his obligation under section 25.

(2). In the cases referred to in paragraph 1 shall take the Food Business decision on repayment of grants. By statement of claim attributed to that interest. Interest allowance shall be calculated from the date on which the notification of the repayment obligation to refund is done and with the law on interest for late payment, etc. (Renteloven) fixed the reference rate plus. Interest allowance, however, is at least 50 us $.

Chapter 12 Force majeure § 27. Food Profession recognizes the following events as force majeure: 1) the sinking of the fishing vessel.

2) Undertaking's death.

3) the undertaking ' s incapacity to work for a longer period of time.

(2). It is a condition for the recognition of force majeure in the case that the instances of events prevents fulfilment of the obligations arising, in respect of which invoked force majeure, and that it committed no without disproportionate sacrifice could have secured here against.

(3). Food Industries can in exceptional circumstances as force majeure events recognise other than those referred to in paragraph 1.

section 28. If undertaking gardens or his estate would to invoke force majeure, it shall be communicated to the Food Industries in writing within 10 working days after the date on which the undertaking gardens or his estate is able to do it. the communication must be accompanied by adequate documentation.

Chapter 13 the date of entry into force of section 29. The notice shall enter into force on the 11. May 2011.

(2). Executive Order No. 435 of 4. June 2009 about grants for modernising fishing vessels and selectivity are hereby repealed. The notice shall, however, remain applicable to commitments made in implementation thereof, and which applications are received in the Food Business in the 1. March 2011.

Food Industries, the 9. May 2011 Aren't b. Jackson/Steen Pawn

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