Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The aim of the law is to promote the fishing industry under the special conditions of Finnish territorial waters and the economic zone.
This law shall apply to fishing equipment and to compensation for damage caused to vessels used for inshore fishing by State resources.
In this law Commercial fisherman The average of the turnover of the three financial years immediately prior to the sale of the insurance contract referred to in Article 4 of the insurance contract referred to in Article 4 of the contract for the sale of fish or processed fish products; Exceeds VAT Code (1501/1993) The amount provided for in paragraph 1, or as a company man or a shareholder within the Community.
A commercial fisherman is also considered to be a natural or community who has taken or enters into a commercial fishing activity in the year preceding or in the previous year, presenting a plan as to how the fish or The turnover generated by the sale of processed fish products exceeds the amount provided for in Article 3 (1) of the VAT Code by no later than the third financial year for the conclusion of an insurance contract.
The insurance aid shall be granted without a separate application to a commercial fisherman who has concluded an insurance contract with the approved fishing insurance institution. It is required that a commercial fisherman is listed as the holder of a fishing vessel or owner of the law on the registration of fishing and aquaculture vessels operating at sea (1860/2010) , hereinafter referred to as Register of fishing vessels. In the case of a natural person, this must be a registered professional fisherman.
The payment of the premium shall be conditional on the beneficiary being entitled to an insurance claim on the basis of the insurance contract referred to in paragraph 1. The premium shall be paid to the beneficiary as part of the premium paid by the fishing insurance institution.
In Chapter 3, the conditions governing the insurance contract, the approval of the fishing insurers and the state of the application for compensation are provided for in Chapter 3.
The premium shall be paid on the basis of the damage caused by a powerful storm, a rough coastline, snow or ice conditions, or by seals or cormorants:
1) in the territorial waters or the exclusive economic zone of Finland;
(2) fishing gear used on board vessels registered in the fishing fleet, in the fishing fleet register, for vessels marked on a group of coastal vessels or for the fishing, transit and transport equipment used in winter fishing;
3) at ports, anchorages, shipyard, fishing operation, fishing or fish transport, or saving lives.
The decree of the Council of State may provide for more detailed provisions concerning the damage covered by the insurance aid, the fishing gear, the fishing effort and the fishing trips, and the natural conditions that caused the damage.
No premium shall be paid if the beneficiary of the aid is subject to a final judgment under the law on the system of penalties and the control of the common fisheries policy (1188/2014) (2) infringement fee or penalty payment pursuant to Article 52. No refund shall be paid if the recipient of the aid has been sentenced to a fine or imprisonment for a breach of European Union or national law implementing the common fisheries policy of the European Union. In addition, aid is not paid if the recipient of the aid has been subject to an infringement of Article 50 (1) of the Law on Sanctions and Control of the Common Fisheries Policy more than once. The right to aid is not based on the damage that has occurred during the calendar year in which the infringements have occurred. (19/04/2013)
No premium shall be paid if the beneficiary:
(1) has intentionally contributed substantially to the creation of the event or negligence;
(2) has affected the extent of the damage by neglecting the rescue work of the insured person or using an insurance vessel or a fishing gear in a different way from its normal use or method;
(3) does not fulfil the condition of turnover within the meaning of Article 3 (2) or the condition for registration provided for in Article 4 (1).
An amount equal to 40 % of the true amount of the damage is paid. However, where the damage has been caused to the coastal vessel, to the boat, to the isoryse, to the trawler, or to the bonfire, the aid shall be paid at 90 % of the true scale of the damage. No premium shall be paid in so far as it is possible to obtain compensation from a third party on the basis of the right of recourse. However, if the insurance contribution is reduced on the basis of the conditions laid down in the conditions of the insurance contract, the amount of the aid shall not exceed the amount of the reduced premium. If the full amount of the premium is refused on the basis of the beneficiary's activity, the aid shall not be paid.
No premium shall be paid if it does not exceed EUR 100 per transaction. For the purpose of calculating this amount, all damage caused by the same fishing event, fishing trip, fish transport trip or rescue mission shall be considered. Where it is impossible to verify the timing of the damage, the injury event shall be deemed to have occurred during the same fishing operation, fishing trip, fishing trip or rescue mission. However, in the case of damage caused to the networks, the calculation of the amount referred to above shall take into account the damage suffered during one calendar year.
The beneficiary of an insurance scheme shall be obliged to submit a report on the circumstances, amount and other conditions for payment of the aid in relation to the injury event. The report shall be presented without undue delay.
The report shall be submitted to the fishing insurance institution which is required to keep the information and documents relating to the injury event for 10 years from the payment of the premium.
The insurance contract referred to in this Act shall be governed by the contract law (543/1994) Unless otherwise specified below. The fishing insurance institution shall approve each party subject to the conditions laid down in this Act for the insured person. The insurance institution may refuse to award the contract if the beneficiary has substantially infringed the terms of the insurance or insurance contract during the preceding two calendar years in such a way that the contract has been terminated or otherwise there are reasonable grounds for suspecting, That the beneficiary does not fulfil its obligations under the insurance contract.
The insurance shall cover all the injury events as provided for in Article 5, as well as the ability of the policy holder to exploit the full value of the fishing equipment and coastal vessels belonging to the same gear species. If an insurance claim is sought for a coastal vessel, the vessel shall be subject to roadworthiness tests, or if the total length of the vessel is less than 10 metres, another reliable indication of the condition of the vessel.
The premium for the beneficiary must be reasonable. When determining the premiums, the fishing insurance institution shall take into account the necessary costs related to the management of the aid and the reduction in the risk of the fishing insurer based on the amount of the aid.
The insurance contract is valid for a calendar year at a time. The Agreement shall continue without measures, unless the agreement is signed by either party no later than 15 December. The contract must be terminated if, in order to change the terms of the insurance aid, the approval of the fishing insurer is withdrawn, the policyholder has not fulfilled the condition laid down in Article 3 (2), the policyholder no longer fulfils the conditions laid down in Article 4. The conditions for granting the aid or an insurance contract have not been concluded in accordance with paragraph 2 of this Article.
The decree of the Council of State may provide for more detailed provisions on fishing gear belonging to the same type of fishing gear and on the condition of insurance sites to be insured.
A fishing insurance institution may be approved in the form of an insurance policy (180/1987) The insurance company or the insurance company law (18/0/2008) By an insurance company or by law relating to foreign insurance companies (398/1995) A branch of a foreign insurance company located in Finland, with the economic and administrative conditions necessary for the performance of its duties. It shall also be subject to the condition that the applicant demonstrates that it is provided with assurances under conditions that the conditions laid down in Article 9 are met and that, on the basis of the premium, the insurance contribution can be paid.
The Centre for Food, Transport and the Environment shall decide whether to accept the applicant as a fishing insurance institution. The decision shall be made on an application which shall indicate the information necessary for the conditions of approval. The decision may be subject to conditions relating to the management of insurance assistance where it is necessary to ensure uniform procedures in fishing insurance undertakings.
The Centre for Food, Transport and the Environment may withdraw the approval of a fishing insurance institution if the conditions for authorisation are no longer met. Before withdrawal of approval, the insurance institution shall be given the opportunity to correct the error within a reasonable time if it is possible to repair it. The decision on withdrawal shall take effect immediately on 1 January of the following calendar year.
In the event of an accident, the fishing insurance institution shall take into account the State's interest in the payment of insurance support and, without delay, be brought to the attention of the operator, the transport and the Environment Agency, on suspicion of any misconduct related to the aid.
The fishing insurance institution shall inform the Centre in good time in advance of any change in the terms of the insurance contract, insurance premiums or other circumstances that may be relevant to the insurance contract. For the approval of the fishing insurer.
The fishing insurance institution shall have an obligation to report any damage exceeding EUR 50 000 to the Centre for Enterprise, Transport and the Environment prior to payment of the compensation. An opportunity shall be provided to the Centre for Food, Transport and the Environment to check the damage before the compensation is paid. The fisheries insurance institution shall assist the Centre for Enterprise, Transport and the Environment by providing information and expert advice.
The fishing insurer shall, at the request of a specified request, provide the beneficiary and the Agency with information on the beneficiary and the insurer which is necessary for the payment of the insurance contribution And to check and control.
The duty of information of a fishing insurance institution shall also apply to confidential information. Data shall not be used for purposes other than the purpose for which they have been surrendered to the Authority.
In the case of an insurance contract, the fishing insurance institution shall issue a written decision to the applicant on request.
In the case of insurance compensation, the fishing insurance institution shall issue a written decision to the applicant. Where aid is paid as part of an insurance claim, the decision shall indicate the proportion of the compensation. In the event of a total or partial refusal, the decision shall indicate the extent to which aid is not paid and the grounds for refusal of the aid.
The fishing insurance institution shall apply in writing to the State for reimbursement of the contributions paid under the insurance compensation referred to in this Act. The application may be made up to twice a year. If the damage in one accident event exceeds EUR 50 000, the fishing insurance institution may apply for an advance.
The application is addressed to the Centre for Enterprise, Transport and the Environment. The application shall be accompanied by a statement of the beneficiaries of the aid, the compensation paid on the basis of the damage to the aid and the proportion of the aid involved or the amount of the advance needed and a description of the damage.
The decree of the Council of State may provide for a time limit for the application of the compensation and lay down more detailed rules on the procedure to be followed for the application and payment of compensation. (19/04/2013)
In the performance of the duties provided for in this Law, the fishing insurance institution shall comply with the administrative law (2003) , by law in the field of electronic business (2003) , language law (2003) And the law on public authorities' activities (18/09/1999) Provides.
The provisions relating to criminal law in the course of this treatment shall be governed by the provisions of criminal law relating to the person or persons employed in the service of a fishing insurance institution. Liability for damages is governed by the law on damages (1999) .
The Centre for Food, Transport and the Environment shall direct and supervise fisheries insurance undertakings in the performance of the tasks provided for in this Act. For the purposes of Article 10 (1), the supervision of the other fishing insurers is laid down.
The Agency shall have the right to carry out an inspection at the premises of the fishing insurer. The inspection may cover all premises and information relevant to the supervision of the conditions of approval and the appropriate management of the insurance support. However, the inspection shall not be carried out in the premises of a permanent residence.
The Centre for Food, Transport and the Environment shall have the right to carry out, in order to verify or control the conditions and amount of the insurance aid, an inspection of the recipient's ship and the premises used for the pursuit of activities related to fishing activities. However, the inspection shall not be carried out in the premises of a permanent residence.
The Business, Environment and Transport Centre shall have the right to obtain the necessary information and documents for the purpose of carrying out the inspection, free of charge, and to take possession of the material relating to the injury event if it is necessary to achieve the objective of the inspection. The material shall be returned without delay when carrying out the inspection no longer requires holding.
Any aid granted or overpaid shall be recovered from the beneficiary of the premium if:
(1) the conditions for the beneficiary and the injury event have not been met;
(2) a subsidy has been paid on the basis of the injury event, to which the beneficiary was not entitled under Article 6;
3) European legislation so requires.
In the case referred to in Article 6 (1), the aid may be waived in whole or in part if the act is not provided for in Article 50 (2) of the Law on the fine or sanctioning of the common fisheries policy , and taking into account the economic value of the injury suffered by the beneficiary, recovery would jeopardise the conditions for the continuation of the business of the recipient. (19/04/2013)
The amount to be recovered shall be carried out in the interest of the (633/1982) The annual rate referred to in paragraph 2 plus three percentage points. Interest shall be paid from the date of payment of the premium until the repayment of the amount to be recovered. In the case referred to in Article 6 (1), the amount to be recovered shall not be calculated on the basis of interest for the period in which the infringement proceedings are pending before the Authority.
If the amount to be recovered is not paid at the latest on the maturity date specified in the recovery decision, the annual default interest shall be paid. Article 4 of the Corinth Act According to the interest rate referred to in paragraph 1.
The recovery of aid will be decided by the Centre for Enterprise, Transport and the Environment. The decision fixes the amount to be recovered, the interest referred to in Article 17 (3) and the date on which they are to be carried out.
A recovery decision shall be taken without undue delay after the Centre for Enterprise, Transport and the Environment has been informed of the basis for recovery and no later than 10 years after the payment of the insurance claim.
The Centre for Food, Transport and the Environment is responsible for implementing the recovery decision. The recovery decision may be implemented by means of enforcement after the decision has been taken. The implementation of the decision shall apply to: (19/07/2007) Provides.
In this Act, the tasks assigned to the Centre for Enterprise, Transport and the Environment will be performed by all means of life, transport and environmental centres in the area of life, transport and the environment of Finland. Other business, transport and environmental centres, whose territory is affected by the coastal zone of the Finnish Marine Region, shall provide assistance in the verification of the injury events referred to in Article 11 (3) and Article 16 respectively. Of this Regulation.
A corrigendum to the decision of the Fisheries Insurance Institute shall be required from the Centre for Organ, Transport and the Environment, as provided for in the Administrative Law. If the case of the same transaction is pending before the other appeal body or court, the examination of the objection shall be suspended until the matter referred to above has been resolved. (15/05/200)
The decision referred to in this Act of the Agency for the Protection of Life, Transport and the Environment shall be subject to appeal in the form of a rule of administrative law (18/06/1996) Provides. The administrative right under this Act shall be subject to appeal by appeal to the Supreme Administrative Court if the Supreme Administrative Court grants an appeal. The appeal shall not prevent the implementation of the decision to withdraw recognition of the fishing insurer.
This Act shall enter into force on 1 January 2013. However, the insurance support provided for in this Act may only be granted and paid as from 1 January 2014.
This law repeals the law on fishing insurance undertakings (331/1958) (hereinafter ' the A fishing insurance policy.
Insurance contracts concluded before the entry into force of this Act shall be terminated by 31 December 2013 at the latest. State aid to be paid shall be governed by the provisions in force at the time of entry into force of this Act.
With effect from the entry into force of this Act, the fishing insurance undertaking may conclude insurance contracts under the conditions laid down in the Fisheries Insurance Act, with effect from 31 December 2013 at the latest. Compensation paid under such agreements may be paid in respect of the allowance provided for in the Fisheries Insurance Act, provided that the damage occurred when the contract is in force and the conditions are fulfilled.
The State Aid Fund referred to in Article 13 of the Fisheries Insurance Act shall apply to the provisions in force at the date of entry into force of this Act, unless otherwise specified below. Where a fishing insurance undertaking is authorised pursuant to Article 10 of this Act to a fishing insurance institution, the State Aid Fund shall not be returned to the State and its management shall be subject to the provisions of Article 13 of the Law on Fisheries Insurance. In the event of a combination of a fishing insurance undertaking, an insurance undertaking shall be converted into a mutual insurance company or an insurance undertaking shall transfer its insurance policy to another operator within the meaning of Article 10 (1) of this Law, State aid funds. Their returns, on the other hand, shall be taken under the control of the operator, provided that this is accepted as a fishing insurance institution.
However, from 1 January 2014, the revenue from the State Aid Fund shall not be used to finance the normal operation of the fishing insurance institution. The proceeds accruing after that date shall be credited annually to the State in so far as it is not used for any of the following purposes:
(1) training for the staff of all fishing insurance undertakings or persons of confidence in the performance of the duties provided for in this Act;
(2) information and training on insurance support, which is open to all policyholders;
(3) administrative costs resulting from the submission of applications referred to in Article 13 of this Act, with the exception of staff wage costs or remuneration;
(4) assistance to the industry, transport and the Environment Agency during the audit of the beneficiary or of the accident.
If the fishing insurance institution ceases to operate or is withdrawn, the fishing insurance institution shall return before or within six months of the withdrawal of the approval from the State aid fund to the State And the return referred to above.
THEY 129/2012 , MmVM 8/2012, EV 151/2012This Act shall enter into force on 1 January 2015.
THEY 107/2014 , PeVL 28/2014, MmVM 17/2014, EV 170/2014
This Act shall enter into force on 1 April 2015.
THEY 353/2014 , MmVM 30/2014, EV 301/2014
