Order AAA/1136/2016, dated June 30, published in the "Official State Gazette" on July 12, 2016, establishes the regulatory basis for granting aid to Spanish fishing vessel owners and fishermen. affected by the permanent cessation of fishing activity.

As provided for in Article 34 of Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund (EMFF) and repealing Regulations (EC) No 508/2014, Council Regulation (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007, and Regulation (EU) No 1255/2011 of the European Parliament and of the Council and Royal Decree 1173/2015 of 29 December 2015 on the development of the European Maritime and Fisheries, in the case of aid for the permanent and temporary cessation of fishing activities, aid for permanent cessation shall be granted until 31 December 2017.

Order AAA/1136/2016, of 30 June 2016, develops the provisions of Chapter II of the aforementioned Royal Decree 1173/2015 of 29 December 2015 on aid for the permanent cessation of fishing activities. The recent modification of this royal decree, as well as the experience and evolution in the management of these aids, has highlighted the need to modify and adapt certain aspects regulated in this order.

To this end, a second paragraph is added to Article 1 (5) to exempt from the scope of the order the aid to the permanent cessation that grants the autonomous communities to the fleet that carries out fishing activities in a non-exclusive manner, and to the fleet which operates in inland waters but not exclusively, which have been approved in advance by the Sectoral Fisheries Conference, pursuant to paragraph 5 of the Article 11 of RD 1173/2015 of 29 December 2015.

Article 4 (2) is amended to clarify that vessels which have had fishing activity for at least 90 days in each of the two years prior to the application for aid may be eligible for aid in some Member States. Imbalance segment, although such activity has been carried out in different modes and fishing grounds.

Article 34 (5) of Regulation (EU) No 508/2014 provides for a ban on the registration of a new fishing vessel within five years of receipt of the aid, to the beneficiary of permanent cessation aid. The national regulation extended this prohibition to first and second-degree family members of the beneficiary, which meant for them a restriction on the free exercise of economic activity which lacked justification, limiting them in their rights for the exercise of the fishing activity by the simple fact that a family member of his family had received aid for permanent cessation.

Article 5 (5) is therefore amended on general terms, in order to bring it into line with the requirements of Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014, unnecessary restrictions imposed on the first and second degree relatives of the beneficiary of this aid, in line with the amendment made to Article 6.7 of Royal Decree 1173/2015 of 29 December 2015.

The wording of Article 11 (1) (b), (c) and (d) and Article 15 (1) (a) are amended in line with the entry into force of Law 39/2015 of 1 October of the Common Administrative Procedure of the Public Administrations.

Article 12 (2) and (3) are amended to adapt them to the provisions of Article 8 of Royal Decree 1173/2015 of 29 December 2015.

With regard to the criteria for assessing applications for aid for the definitive cessation of fishing activities, as laid down in Article 13 of the order, the necessary information is not established with the necessary details. take as a reference to make the assessment by the managing body, in the processing of the aid, so it is necessary to establish such a reference and clarify the assessment criteria.

This is why Article 13 is amended, giving a clearer wording and setting out the reference data to be taken to apply the assessment criteria, adapting it to the data available at the General Secretariat of Fisheries, at the time of the successive calls for aid.

Finally, Article 14 (1) (e) is amended, in order to adapt it to the provisions of Article 6.7 of Royal Decree 1173/2015 of 29 December 2015, eliminating the requirement of the applicant's statement in respect of the of family members, for consistency with the above modification.

The Annex on " the maximum amount of the premium for owners of fishing vessels is amended. Definitive stoppages ', in which a clarification is added to take the form of surface longline to that of hooks, for the purposes of calculating the maximum amount of the premium for fishing vessels and the fleet segment is added which groups vessels by combination of fishing grounds, length and fishing gear, and the clarification that the scales will apply to vessels in a segment that is in disequilibrium to those included in the Spanish fishing fleet's Action Plan.

Article 8 (1) and Article 9 (5.7) and (9), as well as the final provision, are amended to bring them into line with the entry into force of Laws 39/2015 of 1 October of the administrative procedure In the case of the public authorities, and Law 40/2015 of 1 October, the Public Sector Legal Regime and the present order is used to amend the wording of certain paragraphs of Articles 11 and 15, in line with the entry into Law 39/2015 of 1 October 2015 of the Common Administrative Procedure of the Administrations Public.

In its handling, the affected sector, the autonomous communities, as well as the social agents involved have been consulted. Likewise, the reports of the State Attorney and the Delegation in the Department are included, in accordance with the provisions of Article 17 of Law 38/2003 of 17 November, General of Grants.

This order is issued pursuant to the provisions of Royal Decree 1173/2015 of 29 December 2015.

In its virtue, with the prior approval of the Minister of Finance and Public Service, I have:

Single item. Amendment of Order AAA/1136/2016 of 30 June 2016 laying down the regulatory bases for the granting of aid to the owners and fishermen of Spanish fishing vessels affected by the definitive cessation of the activity fishing.

One. Article 1 (5) is worded as follows:

" 5. The aid to owners and fishermen of fishing vessels of the fleet whose exclusive activity is the sea-fishing vessel or on board a vessel and the fishing vessel fishing exclusively in inland waters shall be exempt from the application of this order. of the autonomous communities, as well as that referred to the vessels with a base port in the autonomous community of the Basque Country.

Similarly, the aid to the permanent cessation of the fleet that carries out the activity of marisqueo in a non-exclusive manner, or of the fleet that operates in waters, is exempted from the application of the provisions of this order. (a) even if they are not exclusively managed and financed by the autonomous communities after the agreement of the Sectoral Fisheries Conference pursuant to Article 11 (5) of Royal Decree 1173/2015, of 29 December. "

Two. Article 4 (2) is amended and read as follows:

" 2. The fishing activity required in the preceding paragraph must have been carried out in the mode and fishing grounds specified in each call order and for at least 90 days in each of the two years preceding the year in which the application for permanent cessation aid.

The aid vessel must be included in an unbalanced segment of the existing action plan. This segment in which the vessel is framed shall be taken into account for the purposes of the assessment of applications in accordance with the criteria laid down in Article 13 and the allocation of the scale set out in Annex I to this order. Where a fishing vessel has carried out its activity in different forms and fishing grounds, the assessment of the assessment criteria shall be considered to be included in the modality and fishing grounds in which it has exercised a greater number of days of activity. "

Three. Article 5 (5) is amended as follows:

" 5. Owners of fishing vessels benefiting from such aid shall be prohibited from registering a fishing vessel in the third list of the Register of Ships and Shipping Enterprises or in any other register of Community or non-Community flags in five years after the date of receipt of the aid, in accordance with Article 34 of Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014.

In the event that ownership of the ownership of the vessels benefiting from the aid falls on natural persons, this restriction shall extend to their participation in legal persons who are to register other vessels. In the event that the owner is in a legal person, the restriction will affect his members, who will not be able to register a vessel or participate in a company that will register it. "

Four. Article 8 (1) is amended as follows:

" 1. The submission of applications will preferably through the electronic register of the Ministry of Agriculture and Fisheries, Food and Environment, in the models or forms that will be accessible in the electronic headquarters.

Optionally, applications may also be submitted presentially in any of the places and records set out in Article 16.4 of Law 39/2015 of 1 October of the Common Administrative Procedure of the Public administrations, using the forms that are accessible at the electronic headquarters. "

Five. Article 9 (5), (7) and (9) are amended as follows:

" 5. The applications submitted shall be examined and evaluated by an evaluation committee, set up for this purpose, chaired by the Deputy Director-General of the Deputy Directorate-General for Structural Policy, to be appointed by the Commission. the holder of the Directorate-General for Fisheries Management and of which, in the capacity of vowels, two officials with the minimum level of Head of Section of the General Secretariat for Structural Policy appointed by the President, of whom, one of them will act as Secretary, counting with voice and vote. The operation of the Evaluation Commission shall be attended by the personal, technical and budgetary means of the Directorate-General for Fisheries Management and shall adjust its operation to the provisions laid down for the collegiate bodies in Law 40/2015 of 1 October of the legal system of the public sector. '

" 7. The holder of the department or person to whom he delegates shall give and notify, on a proposal for a decision made by the instructor, the relevant decision within a period which may not exceed six months from the date of publication of the extract from the corresponding call in the "Official State Gazette".

This resolution shall be reasoned in accordance with the provisions of the call, referring to the assessments carried out by the relevant evaluation committee, the minutes of which may be accessed by the applicants concerned, and determine the beneficiaries, the amount of the aid and, where appropriate, the rejection of the remaining applications.

It shall also include an orderly relationship of all applications which, in compliance with the conditions for acquiring the status of a beneficiary, have not been estimated to exceed the maximum amount of the credit fixed in the call, with an indication of the score given to each of them according to the assessment criteria provided for in the call.

The resolution will terminate the administrative route and against it will be able to bring the right of replacement to the holder of the Ministry of Agriculture and Fisheries, Food and Environment within the maximum period of a a month from the day following its notification, on the basis of Article 123 of Law 39/2015 of 1 October 2015, of the Common Administrative Procedure of the Public Administrations, or a judicial-administrative appeal, in accordance with Law 29/1998 of July 13, the regulator of the Jurisdiction Administrative and administrative disputes within the maximum period of two months. '

" 9. The resolution will be communicated to the National Grant Database (BDNS) in accordance with the provisions of Articles 18 and 20 of Law 38/2003 of 17 November. It shall also be notified in accordance with Articles 42 and 43 of Law 39/2015 of 1 October, and the full content of the same shall be displayed on the notice board and on the website of the Ministry of Agriculture, Food and Environment, for a period of not less than 15 days. "

Six. Article 11 (1) (b), (c) and (d) shall be amended as follows:

" (b) Accredited certificates of being current in the payment of tax obligations and with Social Security.

Certificates shall be directly collected by the managing body directly, unless the person concerned expresses his or her opposition by stating the box which appears in the application form for the aid, in which case must be provided by the person concerned.

If the validity of these certifications has expired, the proposal for a resolution and the payment of the aid must be renewed before the decision is made. "

" (c) In the case of legal persons, the original or certified copy of the writing of the constitution, as well as the power or other supporting documentation of the representative faculties of the person, must be provided. a physical acting on behalf of those or opting for the Administration to consult the existence of the power to accredit such representation through the Electronic Register of Power, by checking the box that appears to the effect on the printed request. "

" d) The requester identity document.

The managing body shall check the identity data by reference to the Identity Data Verification System provided for in paragraph 3 of the single article of Royal Decree 522/2006 of 28 April 2006, deleting the the provision of photocopies of identity documents in the administrative procedures of the General Administration of the State and its related or dependent public bodies, unless the person concerned expresses his or her opposition by making the box appearing for the purpose of the application form for the aid, in which case it must provide copy of your identity document along with the request. "

Seven. Article 12 (2) and (3) are amended as

:

" 2. On the basis of the characteristics of the vessel, the scales for aid are set out in the Annex to this order.

For the purposes of this aid, the censal mode of the vessel shall be that shown in the General Register of the Fishing Fleet at the date of submission of the aid applications, which must be the same as the one in the General Register of the Fishing Fleet at the entry into force of Royal Decree 1173/2015 of 29 December. "

" 3. The amount corresponding to each vessel by the application of the scale shall be calculated by multiplying the corresponding scale by the gross tonnage (Gt) number of the vessel that has been stopped.

The number of gross tonnage (Gt) will be the number in the ship's seat sheet for fishing purposes.

For the purpose of calculating the aid, the gross tonnage (Gt) increases shall not be calculated as a result of the modernisation works on deck carried out in accordance with Articles 9 and 10 of Regulation (EC) No 1013/2010. by the Commission of 10 November 2010 laying down detailed rules for the implementation of the Union's fishing fleet policy as defined in Chapter III of Council Regulation (EC) No 2371/2002 in the five years preceding the date of its adoption, date of termination of the time limit for the submission of applications for aid for cessation definitive. "

Eight. Article 13 is amended as

:

" Article 13. Assessment criteria.

1. The assessment of applications shall be carried out on the basis of the following criteria:

(a) The imbalance between the capacity and the fishing opportunities of the segment in which the vessel covered by the application is framed. The purpose of the information available to the General Secretariat for Fisheries shall be as a reference to the segment of the vessel.

The disequilibrium segments will be those contained in the Fleet Action Plan, provided for in Article 22 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy, in force in the time of the call.

It will be valued in increasing order according to the highest degree of imbalance of each segment object of call, with a maximum of three points, weighted as follows:

Ships belonging to a priority 1 segment of the Fleet Action Plan: three points.

Ships belonging to a priority segment 2 of the Fleet Action Plan: two points.

Ships belonging to a priority 3 segment of the Fleet Action Plan: a point.

b) The fishing activity of vessels.

This activity will be measured through the following parameter: landings landed/(Gt x day).

For each imbalance segment of the Action Plan the value of this parameter will be calculated for each ship, obtaining a series of data that constitute the fishing activity indicators of the vessels.

The data set obtained will be ordered from smaller to higher and the value of the median of the fishing activity and the quartiles for each segment in imbalance will be calculated, with 4 tranches being established. Each tranche will pick up 25% of the segment's population:

Tramo I	0 < q1
Tramo II	≥ q1 < q2
Tramo III	≥ q2 < q3
Tramo IV	≥ q3 ≤ q4

Being:

q1-First quartile.

q2-Second quartile (median data string).

q3-Third quartile.

q4-Fourth quartile (maximum data string value).

The information concerning the landed catch shall be obtained from the applications existing at the General Secretariat of Fisheries, through the data of catch statements, statements of sales notes, and declarations of landings or transhipments if applicable.

In each call the reference table will be specified, with the values of the parameter of fishing activity of each tranche and the value of the median for each segment in imbalance of the Plan, that will serve for the assessment of the criteria for fishing.

The score for each ship will be determined according to the segment to which it belongs, within its segment:

A maximum of 4.5 points shall be scored for vessels whose fishing activity indicator is in the first tranche.

3 points shall be scored for vessels whose fishing activity indicator is in the second tranche.

Those vessels whose fishing activity indicator is in the third tranche shall be scored with 2 points.

The vessels whose fishing activity indicator is in the fourth tranche shall be scored with 1 point.

c) Age of ship at the time of resolution.

Ships ≥ 10 years and ≤ 25 years will have a score of 2.5 points.

Ships aged ≥ 26 years and < 40 will have a score of 1.5 points.

Ships aged ≥ 40 years will have a score of 1 point.

2. Depending on the availability of the budget, the ranking of the concurrent requests to the call will be determined for each segment in imbalance according to the following rules:

(a) A total score shall be assigned to each request for assessment, resulting from the addition of the score in each of the assessment criteria referred to in paragraph 1.

(b) In the event of a tie in the score between several applications and the budgetary allocation available at that time is not sufficient to cater for all of them, it will be brought to the end of the tie to the the score obtained by the applications, in this order, in the criteria (b) and (c). If the tie persisted, it would be elucidated by the order of entry of the application in the official register, taking into account the day, hour and minute of filing of the same.

(c) The aid shall be granted in descending order of punctuation, until the budget allocation has been exhausted. "

Nine. Article 14 (1) (e) is amended as follows:

" e) For the purpose of ensuring compliance with the provisions of Article 6.7 of Royal Decree 1173/2015 of 29 December 2015, it shall be provided, in the case of legal persons, to write the company's constitution and, in its case, subsequent amendments, in which the relationship of the partners is recorded. '

Ten. Article 15 (1) (a) is amended as follows:

" a) Identity of the requester.

The managing body shall check the identity data by reference to the Identity Data Verification System provided for in paragraph 3 of the single article of Royal Decree 522/2006 of 28 April 2006 on the the provision of photocopies of identity documents in the administrative procedures of the General Administration of the State and its related or dependent public bodies, unless the person concerned expresses his or her opposition by making the box appearing for the purpose of the application form for the aid, in which case it must provide copy of your identity document along with the request. "

Once. Paragraph 2 of the first provision is amended, which is read as follows:

" 2. Law 3/2001, of March 26, of Maritime Fisheries of the State; Law 39/2015, of 1 October, of the Common Administrative Procedure of Public Administrations and Law 40/2015, of 1 October, of Legal Regime of the Public Sector; Law 38/2003, of November 17, General of Grants and its regulation approved by Royal Decree 887/2006, of July 21, and other provisions of general application. "

Twelve. The maximum amount of the premium for owners of fishing vessels is amended. Definitive Paralisations.

Single end disposition. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, May 17, 2017. -Minister of Agriculture and Fisheries, Food and Environment, Isabel García Tejerina.

ANNEX

Maximum amount of premium for owners of fishing vessels. Definitive Paralisations

(Baremo + corrector coefficient) x GT

Cale

Enmalle Networks.

			Segment			Maximum Amount of the Prima in Euros (Historical Value of the Helmet * *)
Ship Category by Length * (Metres)	Fishing
	the Bakers.			(7.560.96 + 5.416.03) xGT
			Background.	(4.603.09 + 5.416.03) xGT
			-purpose fixed arts.	(6.777.17 + 5,416.03) xGT
			Cercers.
			Nases and trap arts.	(4.461.38 + 5.416.03) xGT
			Rastros.	(7.407.61 + 5.416.03) xGT
		Enmalle Networks.	(5,545, 75 + 5,416.03) xGT
		≥12 < 18	hooks.	(7.355.77 + 1.327.94) xGT
			Drag.
			Multipurpose fixed arts.	(4.868.81 + 1.327.94) xGT
			Cerkers.	(4.166.1 + 1.327.94) xGT
			Nases and trap arts.	(3.394.3 + 1.327.94) xGT
			Rastros.	(6.956.39 + 1.27.94) xGT
		Enmalle Networks.	(4.401.61 + 1.327.94) xGT
		≥18 < 24	hooks.	3.530, 27xGT
			-end-drag.	3.590.91xGT
			4.154,28xGT
		2.381, 34xGT
		≥24 < 40	hooks.	2.893.87xGT
			Backend.	3.467.11xGT
			Cercers.	5.092.53xGT
Enmalle Networks.	2.188, 64xGT
≥40	hooks.	2.351.71xGT
	bottom-end-drag.	1.985, 66xGT
		Cerkers.	2.712.12xGT

* Length: The overall length of the overall length recorded in the General Register of the Fishing Fleet.

** For ships less than 18 metres in length the corrective factor has been added.

Note: The surface longline for the purposes of calculating the maximum amount of the premium for fishing vessels shall be treated as hooks.

These amounts will be applied to ships in an unbalanced segment of the Action Plan.