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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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Table of Contents

Chapter 1 Purpose and content of the scheme

Chapter 2 Definitions

Chapter 3 Administration

Chapter 4 Authorising projects

Chapter 5 Constraints for grants of grants

Chapter 6 Amendment of the project and entry into commitments

Chapter 7 Eligible Project Expense

Chapter 8 Calculation of grants

Chapter 9 Payment of grants

Chapter 10 Notify obligations

Chapter 11 Wastes of assurance and repayment of grants

Chapter 12 Force majeure

Chapter 13 Entry into force

Publication of grants for the modernisation of fishing vessels and for selective fishing gear

In accordance with section 3, cf. § 2, nr. Paragraph 1 (c), section 7 (3). 4, section 11, paragraph 1. 4, and section 13 (3). 1, in Law No 1. 1552 of 20. in December 2006 on the development of the fisheries and aquaculture sector (fisheries development law) :

Chapter 1

Purpose and content of the scheme

§ 1. The aim of the scheme is through grants to investments in modernising fishing vessels and investments in selective fishing gear to promote an environmentally and economically sustainable fisheries.

§ 2. Food business may, within the appropriation of the Financial Regulation, provide undertakings with a commitment to investment in modernising fishing vessels and for investments in selective fishing gear.

Paragraph 2. Commitment of grants may be granted to owners of fishing vessels when these owners are registered as business fishermen or as companies after the fishing law.

Chapter 2

Definitions

§ 3. In the case of selective fishing gear, the means of this notice shall be the tools intended for use in fishing on a fishing vessel and intended for the purpose of fishing with the tools not to be unwanted by-catch.

Chapter 3

Administration

Authorities and controls

§ 4. The Food Industry shall take a decision after this notice.

§ 5. The Authority shall carry out checks in connection with the administration following this notice.

Paragraph 2. Food business shall be responsible for the physical checks and the subsequent accounting checks.

Paragraph 3. The Directorate-General may, by the authority of the Minister for Food, Agriculture and Fisheries, shall be responsible for the physical checks and the subsequent accounting checks.

Paragraph 4. The Office and the Fisheries Directorate may, where necessary, obtain information from other authorities as necessary in accordance with the Clause 12 of the Fisheries Development Act.

Applications for grants of grants

§ 6. Applications for a grant of a grant shall be submitted to the Food Industry on a specific schema, obtained via the Home Affairs home page or by means of an appeal to the Food Business.

Paragraph 2. Application may be submitted from the 15th. January and shall be received in Food Erstice at the latest by 1. April, same year. In the case of the Food Industry, additional application periods may be set out in the Food Commercial website within one week before the start of the application period. In cases where the application period is a Saturday, Sunday, Monday or a national holiday, the application deadline shall expire on the second weekday (Saturday not counting) that follows thereafter.

Paragraph 3. In 2011, the application for a commitment to selective fishing gear may be covered by section 12 , paragraph 1, no. 2, submitted from the 11th. 1 May and shall be received in Food Erstice at the latest by 15. June 2011. In the case of the Food Industry, additional applications may be set out in the Food Commercial website within a period of 1 week before the start of the application period.

Paragraph 4. The Food Industry shall sign on to the receipt and may, in connection with this, permit the implementation of the project.

Prioritizing and decision

§ 7. Food business may use the amount of the appropriation laid down in the Finance Bill in one application period or distribute it to several application periods.

Paragraph 2. Food business may distribute the appropriation framework for a separate indicative framework for one or more themes.

Paragraph 3. Food business shall inform its website prior to the start of the appropriation period for the appropriation framework and any circumcative framework which will apply to the application period.

§ 8. If the appropriation framework laid down for a period of application, or the indicative framework laid down for a theme, shall not allow for the grant of all applications meeting the conditions of grant of a grant, priority shall be given to all applications, applications for a point system to be determined by the Food Business and published on the Food Safety website at the latest by the start of the application period.

Paragraph 2. In the determination of the point system of the Food Industry, the points covered by paragraph shall be 1 shall attach importance to the expected effects of an application project and on the total budgeted expenditure of the project, which are shown by the application. The allocation of points shall be given by decliring weight in the following order :

1) Selectivity.

2) Stability enhancement.

3) Security and working environment.

4) The quality of the future catches.

5) Energy efficiency other than motor turnover.

6) Interchangeable.

§ 9. The EFFs may take a decision on submissions or partial rejected applications for the evaluation of the Committee on the Food and Industry,

1) the effect of the project to be insufficient to meet the purpose of the scheme is not adequately covered by the project ;

2) that the effect of the project submitted is not sufficiently in relation to the projections budgeted expenditure, or

3) that the estimated expenditure is not reasonable.

Paragraph 2. Food business may, for the period 2007-2013, for each fishing vessel in the total of the maximum amount of aid for an amount that does not exceed 80%. of the insurance value of the vessel on 1. January in the application wound. Where the fishing vessel is not insured, the applicant shall obtain an assessment of the vessel ' s insurance value according to the guidelines set out by the Food Industry and published on the Home Depot ' s website prior to the start of the application period ; .

Chapter 4

Authorising projects

General conditions

§ 10. Commitments for grants may be granted for projects involving investment in the modernisation of the applicant's fishing vessels and for projects involving investment in selective fishing gear for the purpose of fishing from the fishing vessel of the applicant countries, where the project is to be used, meets one or more of the following requirements :

1) The project is about investment which will provide an opportunity for improving the quality of future catches, so that the value per year should be improved. the unit of the catch shall be increased.

2) The project concerns investments that directly improve security and work environment for the crew.

3) The project relates to investments which may reduce the impact of fishing on non-commercial species, ecosystems or seabed, or which may contribute to the reduction of catches of the reegree.

4) The project concerns energy efficiency.

Paragraph 2. Commitments for grants can only be provided for projects where the fishing vessel that the project is linked to at the time of the application is registered in the EU fleet registers of fishing vessels and has been registered in the Register for at least five years.

Paragraph 3. Commitments for a project can only be given if the total budgeted expenditure of the project is the following : :

1) $25,000. in the case of projects which only include investments in stability improvement.

2) $50,000. for other projects, except for projects which alone are investments in selective gear.

§ 11. Commitments for a project may not be encompasable on grants to the following investments :

1) Investments that increase the ability to catch fish for the vessel that the investment is linked to.

2) Investments relating to the construction of fishing vessels.

3) Investments relating to the expansion of cargo spaces.

Paragraph 2. The Directorate-General must be included in the assessment of whether an investment will increase the ability to catch fish for the vessel that the investment is associated with.

Special conditions for investments in selective fishing gear

§ 12. Commitment for a project may include pledges for investment in fishing gear, in order to improve the selectivity of the fishing industry, if :

1) the fishing vessel to which the aforementioned fishing gear is to be used shall be subject to a recovery plan as referred to in the case. 5 in Council Regulation (EC) No 2371/2002 on the conservation of fishery resources within the framework of the common fisheries policy, change its fishing method and leaves the fishery concerned in order to go to another fishery in which the resource condition makes it possible to fish, or

2) the new tools are more selective than the one in paragraph 1. The current gear of the vessel concerned and at the time of the vessel meets recognised environmental criteria and environmental rules which go beyond the obligations imposed in Community law.

Paragraph 2. Commitments for a project may not include pledges for investment in the replacement of fishing gear of a fishing vessel, provided that in the past 2007 to and with 2013 grants a subsidy 2 times after the fishing development bill is awarded ; the replacement of fishing gear on the same vessel.

§ 13. Commitments for a project may include pledges for investment in the first replacement of fishing gear in order to ensure compliance with new technical requirements for selectivity in Community law, the acquisition of which takes place before the date of the date on which it is due ; requirements become compulsory, or for a period after the date in question, provided that it is laid down in the EU legislation concerned.

§ 14. Commitments for a project may include pledges for investment in the first replacement of fishing gear, if the replacement is to reduce the impact of the fishing industry on non-commercial species.

Special conditions for investment in motor turnover

§ 15. Commitments for a project may include pledges for investment in the exchange of a fishing vessel ' s main engine, if the vessel has a length of 24 metres or less and where they are in accordance with paragraph 1. 2-7 conditions specified are met.

Paragraph 2. Commitments for grants to a project may include pledges for investment in the turnover of the main engine of fishing vessels less than 12 m if the vessel is not designed to use any towed net, as listed in Table 3 of Annex I to the Commission Regulation (EC) No, 26/2004 on a Community fleet register and if the new engine has the same or lower effect than the engine being replaced by the replacement.

Paragraph 3. Commitments for a project may include pledges for investment in the turnover of the main engine of fishing vessels less than 24, which are not covered by paragraph 1. 2 if the new main engine has an effect which is at least 20%. lower than the efficacy of the engine being replaced by the replacement.

Paragraph 4. Notwithstanding paragraph 1 3 undertakings may be undertaking grants for a project to support investment in the replacement of the main engine of a fishing vessel covered by paragraph 1. 3 if the engine of the new engine is the same or less effective than the engine replaced by the replacement, provided that the vessel is part of a group meeting the conditions laid down in paragraph 1. 5, and the total engine power of the group in the group shall be reduced by at least 20%. the effect of the engine being replaced by the replacement. In the case of the substitution of several engines in the group, the total engine power of the group shall be reduced by at least 20%. of the total effect of all engines replaced by the replacement. The reduction of the engine power that is specified in 1. and 2. period, shall not be reimported on one or more vessels in the Danish fishing fleet.

Paragraph 5. A group shall consist of several fishing vessels covered by paragraph 1. 3. In order for this group to be covered by paragraph 1. 4, the Group shall be notified to the Food Erstice and shall be capable of being identified as members of the same group in the fishing vessel ' s vessel register. The group shall also meet the following conditions :

1) The group shall consist of a maximum of 50 vessels.

2) All vessels in the group must operate the main part of their fisheries in the same management areas, which may be the North Sea (ICES IV), Skagerak, Kattegat, Belt or Baltic Sea (ICES III).

3) All vessels in the group must apply the same primary fishing gear which may be

a) trawl including pelagic trawls, bottom trawls and beam trawls,

b) Danish seines or aircraft shooting vod,

c) langliner, or

d) insert or similar yarn, including ruses and tognets.

Paragraph 6. The reduction of engine power required in accordance with paragraph 1. 3 and 4 must be achieved without public aid.

Paragraph 7. Commitments for a project may not include pledges for investment in the exchange of a vessel ' s main engine, provided that, in the period 2007 to and with 2013, grants have been granted under the fishing development law for the replacement of the same vessel ; the master engine of the vessel.

Paragraph 8. The Food Erstice shall give rise to the provisions of paragraph 1 of this Article. 5 the registration of a group ' s fishing vessels as members of the same group in the fishing vessel ' s vessel register shall be carried out, and that the Fisheries Directorate shall record the engine effect reduction in the power of the group, which shall be subject to a commitment. 4, so that the reduction cannot later be used to increase the engine effect on other Danish fishing vessels ; .

Chapter 5

Constraints for grants of grants

§ 16. Supplements on grants are conditional upon,

1) that the necessary authorisations from public authorities have been obtained before the request for payment of grants is submitted to the Food Industry,

2) to provide for the information requested by the Food and Food Industry, for the purposes of the proceedings,

3) the tiller holder shall submit the payment request and the project report in good time, cf. section 24 (2). 2,

4) that the project is maintained for a period of not less than five years from the date of assurance of grants,

5) the payment request made by the corresponding original accounting documents shall be kept available until 31. December 2021,

6) the fishing vessel, in relation to which an undertaking has been committed to a project, not the five years from the date of commitments to be deleted from the EU fleet registers of fishing vessels,

7) that the project is concluded before a date fixed by the Food Business and which cannot be later than 1 years from the date of assurance of grants, unless the Food Industry notifiates a derogation from it,

8) the tilting of the tilt-holder shall ensure that the inspection authority has access to the control and control project ; and

9) the tilt-holder shall submit a report on the project ' s effects 2 and 5 years after the date of payment of grants. The report shall be drawn up in a special form which is obtained via the Home Deviation by the Food Commercial Home page or by contacting the Food Industry ; .

Paragraph 2. In the case of the case of the undertaking, the Food Occupation shall lay down the obligation to provide information on the public contribution of the project.

Paragraph 3. In the case, in the case of the defendant, a supplementary condition may be laid down for the commitment of grants.

§ 17. Commitments for grants are conditional on the application of the applicant at the time of the application to demonstrate technical and economic viability for the company and the project after the project is completed. In the estibility of economic viability, the following shall be :

1) Whether the company in the last financial year has had a positive own capital, or there is going to be subject to reservations.

2) Whether the company in the previous three financial years has had positive accounting results after taxes.

3) Information about the production and marketing of the company for the last three years.

4) Expected and future fishing opportunities and revenue.

Paragraph 2. For start-ups companies, the economic viability of the establishment, according to guidelines established by the Food Business, will be published on the home page of the Food Safety website prior to the start of the application period.

§ 18. Commitment to investments covered by Section 15 (3). In addition, 2 is conditional on the fact that the fishing vessel is not in the period from the application for a commitment to the date on which the project is to be completed, cf. section 16 (4). 1, no. 7, shall be used to use any towed net as specified in Table 3 of Annex I to Commission Regulation (EC) No 2, 26/2004 on a Community Naval Registry.

Paragraph 2. Commitment to investments covered by Section 15 (3). 4 is further conditional on the fact that the reduction in the total engine power of the group will be maintained for five years after the replacement of a main engine replacement of a vessel in the group.

Chapter 6

Amendment of the project and entry into commitments

§ 19. Amendment of a project may be approved by the Authority on condition that the change in accordance with the project's purpose is in accordance with the project's objectives. The application for a change to a project must be approved by the Food Industry prior to the implementation of the amendment.

Paragraph 2. The amount of the amount may not be increased in connection with changes to the project.

Paragraph 3. A request for a change to a project must be received in the Food Business Enterprise within two months before the date of completion of the project. In exceptional cases, a derogation from this period may be granted by the Food Authority.

20. In accordance with the application of Article 2 (2), the food industry may permit another person to be permitted to : 2 may be an enshrew in a promise of grants. The entry into the defendant shall be subject to the rights and obligations of the defendant.

Paragraph 2. Application for paragraph 1 1 shall be submitted in a special form to be obtained via the Home Deviation by the Food Commercial Home page or by means of an appeal to the Food Industry.

Chapter 7

Eligible Project Expense

§ 21. Eligible expenditure may include :

1) expenditure on the implementation of the project ; and

2) expenditure on the preparation of the project report, cf. section 24 (2). 2.

Paragraph 2. The costs must be required to complete the project and must be directly related to the implementation of the project.

§ 22. The eligible expenditure may not include :

1) expenditure used or renovation equipment,

2) the expenditure incurred by the saver before the Food Business Authority has granted the implementation of the project, cf. Section 6 (2). 4, however, where such authorisation is not provided, expenses incurred by the saver shall not be held before the day of the year ; ,

3) activities relating to activities , as the tilt holder is obliged to implement in accordance with other legislation, with the exception of the cost of investment covered by Article 13,

4) the costs of granting public aid or support under other legislation, with the exception of public national aid in the form of guarantee, guarantee, bail or similar,

5) financing, legal and financial institution costs,

6) expenditure in the form of benefits in kind as referred to in kind. 55 in Council Regulation (EC) No 1198/2006 on the European Fisheries Fund,

7) VAT unless this final beaker is finally worn by the saver shaver ; and

8) Lease costs or rental.

Chapter 8

Calculation of grants

-23. Deposits may be granted up to 20%. of the eligible costs of investment in the interchangeable investment, section 15.

Paragraph 2. Deposits may be granted up to 40%. of the eligible expenditure for the investment in the replacement of nets covered by sections 12 to 14.

Paragraph 3. Deposits may be granted up to 30%. of the eligible costs of investment not covered by paragraph 1. Paragraph 1 or paragraph 1. 2.

Paragraph 4. Where the second public national aid is granted in the form of guarantee, guarantee or similar to expenditure eligible for aid under this notice, grants shall be reduced by this notice to the abovementioned expenditure so as to ensure the total public ; support does not exceed

1) 20%. of the eligible expenditure on investment covered by paragraph 1. 1, or

2) 40%. of the eligible expenditure on investment covered by paragraph 1. Two and three.

Chapter 9

Payment of grants

§ 24. The payment of grants shall be made on the basis of the account of the attributable to eligible expenses to be substantiated by the account of the subsidy. The request for payment of grants must be carried out on a special schema obtained through the Food Business Home page or by contacting the Food Business. The request must include the information and shall be annexes to the appendice of the Food Industry ; for the calculation and payment of grants.

Paragraph 2. The request for payment shall be received in Food Erstice within three months of the date of completion of the project. In exceptional cases, the food industry may dispense from this deadline. Applications for payment must, in addition to what is required for paragraph 1. 1, shall be accompanied by a projection report. The project report shall be drawn up in a special form which is obtained via the Home Deer Home page or by contacting the Food Business.

Paragraph 3. The subsidy is transferred to the tilsagnshavers NemKonto.

Chapter 10

Notify obligations

§ 25. The onset of Tilsagnis shall, throughout the period, when the conditions for pledges of grants are to be met, on request, submit a declaration to the Food Authority whether the conditions for pledges are still fulfilled.

Paragraph 2. Underlies shall be granted throughout the period when the conditions of consent for grants are to be fulfilled, without undue delay in writing to give the Food Erstice notice of circumstances which may result in a loss of a grant or repayment ; of grants in accordance with section 26.

Chapter 11

Wastes of assurance and repayment of grants

SECTION 26. Granltale of supplements will lapse if :

1) the conditions for pledges of grants are not met ;

2) the tilt shall have provided false or misleading information or have kept information of significance for the decision of the case,

3) the project is not carried out in accordance with the case ;

4) tillies shall override his duties according to section 11 (1) of the Fisheries Development Act. 2, or

5) the tilt shall not comply with its obligation to be required under section 25.

Paragraph 2. In the paragraphs in paragraph 1. 1 in the case of cases, the Food Decision shall decide on the refund of grants. The interest shall be added to the payment of the payment claims. The interest rate supplement shall be calculated from the time the payment is made of the refund for reimbursement, and in the interest rate of late payment, etc. (Interest) provided for the reference rate provided for in addition. However, the interest rates shall be at least 50 kr.

Chapter 12

Force majeure

§ 27. The following events as force majeure are recognized by the Food Business :

1) The sinking of the fishing vessel.

2) The Tilsagna's death.

3) The versagna's incapacity for longer.

Paragraph 2. It is a condition of the recognition of force majeure in specific cases that the events impede the fulfilment of the obligations under which force majeure is invoked and that it did not undergo disproportionate action ; The sacrifice could have secured this way.

Paragraph 3. In exceptional cases, food business may recognise other events such as force majeure than those referred to in paragraph 1. 1.

§ 28. If the tilaves or his death wishes wish to claim force majeure, it shall be notified to the Food Erstice within 10 working days of the date on which the worshion or its death bo is able to do so. The notification shall be accompanied by adequate documentation material.

Chapter 13

Entry into force

§ 29. The announcement will enter into force on the 11th. May 2011.

Paragraph 2. Publication no. 435 of 4. In June 2009 on aid for the modernisation of fishing vessels and selectivity are lifted. However, the decision shall continue to apply to undertakings given in this respect and applications received in the Food Industry before 1. March, 2011.

Food business, the 9th. May 2011

Arent B. Josefsen

/ Steen Bonde