yal decree, which make it difficult for shipowners of the fishing vessels to demonstrate compliance with the conditions laid down in Article 92 (1) of the Treaty. general. As a result, a new wording is given to that article, amending paragraphs 3. º, 4. º and 5. and adding four new ones to clarify its content and allow its correct application and compliance.

In this respect, Article 14 (2) provides for the immobility of the vessel in the port during the period of the stop, providing for the derogation for those movements to be carried out for safety reasons. Within the concept of security are included the transfers of the ship to port to carry out maintenance and repair tasks. However, that concept was not clearly expressed in that provision, and it is therefore necessary to amend it and expressly reflect these circumstances.

The exception is also included in the obligation to remain immobile in port during the period of the stop, when the vessel moves on occasion of its participation in traditional events, as long as the beneficiary can credit it.

Article 14 (3) lays down the requirement for the maintenance of the vessel's location device for the whole of the stopping period. This obligation may sometimes not be met by causes totally outside the ship's shipowner, such as breakdowns or exhaustion of the device's battery power. These circumstances should be taken into account, and the proposed new text reflects the case-law and the procedure for action, including in the first paragraph of the new paragraph 6 the regulation of this procedure.

The certification requirement of the competent authority is also removed from the text when it is considered sufficient that the reasons for the ship's displacement are reflected in the dispatch role. Article 14 (4) has been amended in the same way to regulate the delivery of the role in this case.

Derived from the above, four new paragraphs have been added in which the procedures to be performed between the General Administration of the State and the Autonomous Communities for the management of these aids are specified. the terms of the computable and eligible period are defined, in order to improve the understanding of concepts that were not sufficiently defined in Royal Decree 1173/2015 of 29 December 2015.

In Article 15.1.e) it is established as a requirement for the shipowner, having presented to the labour authority the corresponding communication of initiation of the procedure of suspension of the contracts, according to the the procedure referred to in Article 47 of the Staff Regulations, for the total of the crew members in the vessel at the date of the last arrival in port to begin the stop.

However, at times, by the very nature of the contract, it is already suspended or extinguished at the time of the arrival at the port of the ship. In order to remedy this, the new text exempts shipowners from complying with this requirement for these specific cases.

According to what was agreed at the Sectoral Conference and in line with Article 19 of Royal Decree 1173/2015 of 29 December 2015, the possibility of establishing maximum eligible periods of 15 days within the period of the period of the biological or closed rest period.

Also, Article 16 is amended to regulate the amount of the aid at temporary stops, to differentiate those temporary stops whose eligible period is equal to or greater than 15 days and equal to or less than 15 days. 31 days, of which the duration is less than 15 days or more than 31 days.

The age definition of the vessel of the first provision is amended to take as a reference the year of application for the aid, rather than the year of its grant, as a verifiable data from the first moment, facilitates the management of the aid.

A new paragraph is added in Article 19 (3) to enable the autonomous communities to finance the temporary stops in the maritime fleet and to sail in inland waters, even if they do not exclusively, if at least the minimum 120 days required by Article 13, in the form of shellfish or in inland waters, have been carried out at least, respectively. Finally, in order to avoid comparative grievances arising from the difficulty of demonstrating certain circumstances on the part of the applicants for the aid which has made a temporary eligible stop, the principle of retroactivity of the provisions of Article 14 (3), (5), (6) and (7).

The amendments made to Articles 11 and 19 with regard to the financing and management of aid to the marine fleet and the fishing fleet in inland waters shall also be applied retroactively.

In the elaboration of this royal decree, the autonomous communities have been consulted, as well as the affected fishing sector.

In its virtue, on the proposal of the Minister of Agriculture and Fisheries, Food and Environment, with the prior approval of the Minister of Finance and Public Service, in agreement with the Council of State and after deliberation of the Council of Ministers, at their meeting on May 12, 2017,

DISPONGO:

Single Article. Modification of Royal Decree 1173/2015 of 29 December 2015 on the development of the EMFF as regards aid for the permanent and temporary cessation of fishing activity.

Royal Decree 1173/2015 of 29 December 2015 on the development of the European Maritime and Fisheries Fund with regard to aid for the permanent and temporary cessation of fishing activities is hereby amended as follows:

One. Article 6 (7) is worded as follows:

" 7. 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 the five years following the date of receipt of the aid.

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 of the vessel is in a legal person, the restriction shall affect its members, who may not register a vessel or participate in a company to be registered. "

Two. Article 8 (2) (a) and (b) shall be worded as follows:

" (a) In accordance with the characteristics of the vessel, the scales for aid are set out in Annex I to this Royal Decree.

For the purposes of this aid, the censal mode of the vessel shall be that which appears in the General Register of the Fishing Fleet at the date of termination of the deadline for the submission of applications for aid, which shall be the same as the one that appeared in the General Register of e with Articles 9 and 10 of Regulation (EU) No 1967/2006 1380/2013 of the European Parliament and of the Council of 11 December 2013, and finally, in the event that a sustainable fisheries partnership agreement is not renewed or its protocols are not renewed.

In the EMFF, it is also established that aid for the temporary cessation of fishing activities may be granted for a maximum duration of six months per vessel during the period 2014-2020. In this regard, it is clarified in Article 12 (2) that this period is computed for the purpose of perceived aid, both per vessel and per fisherman, taking into account the days of the eligible period.

In Article 14 of Royal Decree 1173/2015 of 29 December 2015, the general conditions of aid for temporary cessation are laid down. The application of this aid scheme has shown the lack of foresight of certain circumstances not recorded in the roeries, Food and the Environment will certify the day and time of the shutdown, the days in the the device remained off and the time and day on which the connection was restarted, as well as the time and date on which the data subject's communication occurred, indicating the causes alleged by the person who originated the shutdown or disconnection.

6. In cases where the location device has been switched off or disconnected and where the person concerned claims any of the technical reasons oversold, as referred to in paragraph 3 of this Article, they shall be carried out, in addition, additional evidence to verify the existence of catch statements and sales notes in the period between the date of the switch off or the disconnection of the device and the end of the period the stop, as well as for at least the seven days following the end date of the the computable period of the stop. The seven-day period may be extended, taking into account the specific circumstances of the marketing of the fish in the fleet subject to the eligible stop, by means of the Sectoral Conference Agreement referred to by the Article 19.

At the request of the competent authority in the management of the aid, the Directorate General of Fisheries Management of the Ministry of Agriculture and Fisheries, Food and Environment will certify the statements of catches and sales notes which would have been declared during the period referred to in the preceding paragraph of this paragraph.

7. For the purposes of this aid, the time period for the compulsory standstill of the fleet agreed at the Sectoral Conference for access to aid within a period of closure, biological rest or cessation of work shall be taken into account for a period of time. the fishing activity.

The eligible period shall mean the number of days agreed to subsidise in the time interval of the computable period.

In any case, both the computable and the eligible period shall be included in the Sectoral Conference agreement referred to in Article 19.

8. The autonomous communities, within the scope of their competence, may apply for additional requirements to those established in this royal decree. In order to ensure equal treatment for potential beneficiaries of this type of aid throughout the national territory, these additional requirements will be proposed by the autonomous community within the Sectoral Conference, for acceptance and approval by agreement of the same. "

Seven. Article 15 (1) (e) shall be worded as follows:

" (e) To carry the employer's communication to the labour authority of his decision to suspend work contracts or reduction of working hours, and in cases of force majeure also the resolution of the labour authority, according to with Article 47 of the Workers ' Statute, for the total of the crew members in the vessel, on the date of the last arrival in port to begin the stop.

The suspension or reduction of the day will have effects, in the case of force majeure, from the date of the fact causing the force majeure, and in the case of technical economic causes, organizational or production to from the date of their communication to the employment authority, unless the employer's decision establishes a later date.

However, it may be exempted from this requirement where it is documented that the work contracts of the crew members on the date of the arrival in port to begin the stop, by their nature, are extinguished or are suspended at that time. "

Eight. Article 15 (2) (b) and (c) shall be worded as follows:

" (b) Being included in the procedure for the suspension of work contracts or reduction of working time provided for in Article 15.1.e.

.

c) To find themselves in the situation of high in Social Security and to maintain the employment relationship with the shipowning company of the vessel in which they were enrolled in the moment of the immobilization of the fleet during the stop. "

Nine. A new paragraph 4 is added to Article 15, which is worded as follows:

" 4. Where a fisherman resumes fishing in another vessel for the duration of the temporary stop, he shall lose the right to receive the aid. '

Ten. Article 16 is worded as follows:

" Article 16. Amount of the help.

1. The maximum amount of aid granted to shipowners of vessels subject to temporary cessation shall be calculated by multiplying the corresponding scale set out in Annex III by the number of gross tonnage (GT) of the vessel and the number of days established as a eligible period in the Sectoral Conference Agreement for that stop.

For these purposes, the gross tonnage (GT) number will be the one on the ship's seat sheet.

2. The amount of aid to fishermen shall be calculated as follows:

(a) Where the eligible period has a duration equal to or greater than 15 days and equal to or less than 31 days, the maximum amount of aid to fishermen is set at twice the minimum inter-professional salary, in calculation monthly.

(b) Where the eligible period is less than 15 days or more than 31 days, the maximum amount of aid to fishermen shall be calculated by multiplying a maximum of EUR 50 per the number of days established as a period eligible.

3. The duration of the eligible period for the calculation of aid to shipowners for temporary cessation shall be the same for all vessels affected by the same stop, irrespective of the base port thereof. '

Once. Article 19 (3), which is worded as follows, is amended as follows:

" 3. Fleets whose exclusive activity is the sea-level fishing vessel or on board vessels and those fishing exclusively in inland waters, in which the fishing and aquaculture competition is the responsibility of the autonomous communities, shall be managed and funded by those Administrations.

In addition, the autonomous communities may finance the temporary stops of the fleet that carries out fishing activities afloat or on board a vessel or fishing in inland waters, without this activity being exclusive, when the 120 minimum fishing days required by Article 13 have been dedicated to the shellfish or have been carried out in inland waters, respectively. '

Twelve. The additional first provision is worded as follows:

" Additional disposition first. Age of vessel.

For the purposes of the aid, the age of the vessel shall be the whole number defined as the difference between the date of application for a grant and that of its entry into service in the General Register of the Fishing Fleet. "

Thirteen. The additional second provision is worded as follows:

" Additional Disposition Second. Special arrangements for temporary stoppages for periods of one day per week.

In the event that the temporary cessation of fishing activity is carried out by the cessation of the activity for periods of one day a week fishing activity must be credited through the delivery of the role in the Maritime Captaincy of the port at the time of its arrival, without prejudice to its subsequent verification through the devices referred to in the previous.

In the event that the ship is to be moved to a port, the dispatch role must be deposited in the Target Maritime Captaincy.

5. At the request of the authority responsible for the management of the aid, the Directorate-General for Fisheries Management of the Ministry of Agriculture and Fishtr>

Cale

Ship Category by Length * (meters)

Fishing

the fishing

< 12

hooks.

15.113,26xGT

Background drag.

9.651.54xGT

Multipurpose fixed arts.

14.121.02xGT

Cercers.

6.856, 17xGT

Nases and trap arts.

9.011,48xGT

16.040.32xGT

Enmalle Networks.

11.258.2xGT

≥12 < 18

hooks.

14.531.63xGT

Backend.

9.363, 34xGT

Multipurpose fixed arts.

10.011.6xGT

8.591.88xGT

Nases and Arts trap.

6.799.57xGT

Rastros.

13.527.87xGT

Enmalle networks.

8.952,54xGT

≥18 < 24

hooks.

6.913.84xGT

Backend.

7.088.16xGT

Cercers.

8.392, 14xGT

Enmalle Networks.

4.670.72xGT

≥24 < 40

hooks.

5.686.5xGT

drag.

6.734.7xGT

Cercers.

9.790.58xGT

Enmalle Networks.

4.590.78xGT

≥40

hooks.

4.645.79xGT

Drag.

4.158.34xGT

Cercers.

5,610,56xGT

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

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. "

Eighteen. Annex III is worded as follows:

" ANNEX III

Maximum premium amount. Temporary cessation

Ship for shipowners

Maximum amounts of compensation

< 25

category by tonnage class (GT)	Maximum amount of premium per ship and day (in euros)
5,16xGT + 36(1)
≥25 and < 50	3.84xGT + 66
≥50 and < 100	3,00xGT + 108
≥100 and < 250	2.40xGT + 168
	≥250 and < 500	1,80xGT + 318
≥500 and < 1,500	1.32xGT + 558
≥1,500 and < 2,500	1.08xGT + 918
≥2,500	0 ,80xGT+1,608

(1) Guaranteed minimum of 100 € per day. "

Final Disposition first. Modification of Royal Decree 1549/2009 of 9 October on fisheries management and adaptation to the European Fisheries Fund.

Article 13 (1) of Royal Decree 1549/2009 of 9 October on the management of the fisheries sector and adaptation to the European Fisheries Fund is amended, as follows:

" 1. Applications for new construction authorisation shall be addressed to the competent authority of the autonomous community in which the vessel is to have its base port, and shall be accompanied by a responsible declaration in which the applicant states that in the 5 years prior to this request has not been the beneficiary of any aid destined to the permanent cessation of fishing activity from the European Maritime and Fisheries Fund, and in any case, that in the construction of the new ship does not know (i) use funding from the European Maritime and Fisheries Fund. "

Final Disposition second. Entry into effect.

Tafo_2">seventeen. Annex II is worded as follows:

" ANNEX II

Maximum premium amount. Packaging of the vessel for activities other than commercial fishing

Fleet Segment

<

Maximum amount of the euro premium (Ship Historical Value)