Ordinance Amending Ordinance On The Regulation Of Fisheries In 2012 And Certain Conditions For The Fisheries Sector In The Following Years (Clarification Of The Concentration Rules)

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om regulering af fiskeriet i 2012 og visse vilkår for fiskeriet i følgende år(Præcisering af koncentrationsregler)

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Ordinance amending Ordinance on the regulation of fisheries in 2012 and certain conditions for the fisheries sector in the following years

(Clarification of the concentration rules)

§ 1

In executive order No. 1222 of 16. December 2011 on the regulation of fisheries in 2012 and certain conditions for the fisheries sector in the following years, as amended by Decree No. 349 of 19. April 2012, shall be amended as follows: 1. section 86 shall be replaced by the following: ' § 86. It is a condition for transferring from a vessel and registration thereof FKA in Danish Agrifish agency that are not among the owners or co-owners of the receiving vessel are persons who by the transfer of FKA will come to exceed one or more of the maximum rates for stocks and shares, as stated in exhibit 15a. It is furthermore a condition that the receiving vessel does not come to exceed one or more of the maximum rates for quota shares, as stated in exhibit 15a, as well as the conditions set out in paragraphs 3-4.

(2). It is also a condition for registration of change of ownership of a vessel in the NaturErhvervstyrelsens registries that are not among the owners or co-owners are persons, who during the registration of the change of will come to exceed one or more of the maximum rates for stocks and shares, as stated in exhibit 15a, as well as the conditions laid down in paragraph 4.

(3). It is a condition for transferring from a vessel and registration thereof FKA in Danish Agrifish agency that are not among the owners or co-owners of the receiving vessel is people who own shares in a vessel with IOK-shares, and as on the personal level owner årsmængder of IOK-allowances equal to more than 2% of the total Danish IOK-quotas, which will come to exceed 25% of the listed rates for maximum ownership for FKA-quotas as stated in exhibit 15a. The calculation is done on the basis of the initial quota per 1. January 2012, however, used an average of the previous three-year quotas, if the quota has been set at 1. January 2012.

(4). It is also a condition for the registration of a change of ownership of a vessel in the NaturErhvervstyrelsens registries that are not among the owners or co-owners are individuals who own shares in a vessel with IOK-shares, and as on the personal level owner årsmængder of IOK-allowances equal to more than 2% of the total Danish IOK-quotas, as the registration of change will come to exceed 25% of the listed rates for maximum ownership for FKA-quotas as stated in exhibit 15a. The calculation is done on the basis of the initial quota per 1. January 2012, however, used an average of the previous three-year quotas, if the quota has been set at 1. January 2012.

(5). If the available Danish quotas changes from a year to another, and a person's overall årsmængder of IOK-allowances for this reason exceeds the 2%, as is apparent from paragraph 3-4, have the owners in each fishing year, where this is the case, do not buy additional quota shares for the vessel for the FKA-quotas, where they exceed 25% of the maximum rates referred to in article 6. paragraph 3-4.

(6). If the conditions set out in paragraphs 1-5 have not been complied with, the Danish Agrifish agency impose the persons who do not comply with the conditions, to comply with the conditions laid down at the latest after 3 months. This is true regardless of whether Danish Agrifish Agency has granted permission to fish with their units.

(7). Where the conditions referred to in paragraph 1 are not fulfilled at the latest after 2-3 months, see. (6) the right of the quota shares lapses on the vessel, as in the transfer of FKA, see. paragraph 1, or during the registration of the change of ownership, see. (2) exceeds the maximum rates laid down in annex 15a, and these quota shares are transferred to the Fisheries Fund. Where the conditions referred to in paragraphs 3-5 are not fulfilled at the latest after 3 months, see. (6) will reduce the Danish Agrifish Agency of the respective vessels FKA-shares which exceed conditions, so the person after the reduction owns 25% of the maximum rates of ownership of quotas, as evidenced by FKA annex 15a, see. paragraph 3-4, and the relevant quota shares are transferred to the Fisheries Fund.

(8). Persons or vessels which, at the time of the entry into force of this order exceeds the maximum rates for shares or quota shares, as stated in exhibit 15a, see. paragraph 1-2, or persons who at the time of the entry into force of this order do not meet the conditions laid down in paragraph 3-4, will be excluded from the scope of paragraph 6-7. However, it will not be allowed for these persons or vessels to increase rise or quota shares for the allowances, where they exceed the maximum rates referred to in article 6. Appendix 15a, and see. paragraph 3-4. '

2. section 90 shall be replaced by the following: ' § 90. It is a condition of the transfer of IOK from a vessel and registration thereof in Danish Agrifish agency that are not among the owners or co-owners of the receiving vessel are persons who by the transfer of IOK will come to exceed one or more of the maximum rates for stocks and shares, as stated in exhibit 15a. It is furthermore a condition that the receiving vessel does not exceed one or more of the maximum rates for quota shares, as stated in exhibit 15a, as well as the conditions set out in paragraphs 3 to 5.

(2). It is also a condition for registration of change of ownership of a vessel in the NaturErhvervstyrelsens registries that are not among the owners or co-owners are persons, who during the registration of the change of will come to exceed one or more of the maximum rates for stocks and shares, as stated in exhibit 15a, as well as the conditions set out in paragraph 5.

(3). A vessel's total årsmængder of IOK-allowances may not exceed 10% of the total Danish IOK-quotas. The calculation is done on the basis of the initial quota per 1. January 2012, however, used an average of the previous three-year quotas, if the quota has been set at 1. January 2012.

(4). It is a condition of the transfer of IOK from a vessel and registration thereof in Danish Agrifish agency that are not among the owners or co-owners of the vessel to which the quota shares are transferred to is people who own shares in a vessel, and as on-FKA personal level holds more than 25% of one or more of the rates for maximum ownership for FKA-quotas, as evidenced by Appendix 15a which, by the transfer of IOK would come to own årsmængder of IOK-quotas, which corresponds to 2% or more of the total Danish IOK-quotas. The calculation is done on the basis of the initial quota per 1. January 2012, however, used an average of the previous three-year quotas, if the quota has been set at 1. January 2012.

(5). It is also a condition for the registration of a change of ownership of a vessel in the NaturErhvervstyrelsens registries that are not among the owners or co-owners are individuals who own shares in a FKA-vessel, and as on the personal level holds more than 25% of one or more of the rates for maximum ownership for FKA-quotas, as evidenced in annex 15a, as at the date of registration of the change of will come to own årsmængder of IOK-quotas , which corresponds to 2% or more of the total Danish IOK-quotas. The calculation is done on the basis of the initial quota per 1. January 2012, however, used an average of the previous three-year quotas, if the quota has been set at 1. January 2012.

(6). A person who owns the IOK-quotas, must not own vessels, which together accounted for more than 6000 BT. If this condition is not complied with, may impose on a person to sell off Danish Agrifish agency one or more vessels.

(7). If the available Danish quotas changes from a year to another, and a vessel total årsmængder of IOK-allowances for this reason exceeds the 10%, which appears in paragraph 3, or an individual's total årsmængder of IOK-allowances for this reason exceeds the 2%, as is apparent from paragraph 4-5, must the owners in each fishing year, where this is the case, do not buy additional IOK-quota share to the vessel.

(8). If the conditions laid down in paragraphs 1 to 5 and paragraph 7 of this article have not been complied with, the Danish Agrifish agency impose the persons who do not comply with the conditions, to comply with the conditions laid down at the latest after 3 months. This is true regardless of whether Danish Agrifish Agency has granted permission to fish with their units.

(9). Where the conditions referred to in paragraphs 1 to 3 are not fulfilled at the latest after 3 months, see. paragraph 8 shall be abolished the right of the quota shares on the vessel, as in the transfer of IOK, see. paragraph 1, or during the registration of the change of ownership, see. (2) exceeds the maximum rates laid down in annex 15a, and these quota shares are transferred to the Fisheries Fund. Where the conditions referred to in paragraph 4-5 and paragraph 7 are not fulfilled at the latest after 3 months, see. paragraph 8, Danish Agrifish Agency will reduce all of the person's IOK-shares pro rata so the person on the vessel after the reduction in maximum owns årsmængder of IOK-quotas, which corresponds to 2% of the total Danish IOK-quotas, and the relevant quota shares are transferred to the Fish Fund.

Paragraph 10. Persons or vessels which, at the time of the entry into force of this order exceeds the maximum rates for shares or quota shares, as stated in exhibit 15a, see. paragraph 1-2, or persons who at the time of the entry into force of this order does not meet the conditions set out in paragraphs 3 to 6, will be exempted from paragraphs 8 and 9. However, it will not be possible for these persons or vessels to increase rise or quota shares for the allowances, where they exceed the maximum rates referred to in article 6. Appendix 15a, and see. paragraph 4-5. '

§ 2 paragraph 1. The notice shall enter into force on the 29th. August 2012.

Danish agrifish Agency, on 24 October. August 2012 Pernille Andersen/Martin Andersen