Key Benefits:
I
The Common Fisheries Policy has as one of its essential objectives to strengthen a professional, economically profitable fleet that ensures a sustainable exploitation of marine biological resources, so that it can optimal use without endangering the biological balance of the exploited populations and the integrity of the physical environment. In this regard, Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy establishes the new framework for the management of the fleet capacity to which aid should be adapted. can be granted for temporary and permanent cessation of fishing activity.
As one of the pillars of the new Fisheries Policy, in 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), measures are laid down the Union's financial contribution to the implementation of the Common Fisheries Policy, the measures relating to the Law of the Sea, the sustainable development of fisheries and aquaculture and inland fisheries, as well as the Integrated Maritime Policy, In particular, Articles 33 and 34 of the Treaty provide for aid for the permanent, permanent and temporary cessation of fishing activity.
The enactment of this Regulation repeals the previous regulation for these same actions and, in particular, Council Regulation (EC) No 1198/2006 on the European Fisheries Fund. Consequently, the national legislation for the development of the European Fisheries Fund contained in Royal Decree 1549/2009 of 9 October on fisheries management and adaptation to the European Fisheries Fund, which included regulation applicable to aid for the permanent, temporary and permanent cessation of fishing activities, shall be without effect from 31 December 2015, the date on which Regulation (EU) No 1198/2006 shall be totally without effect, set out in Article 129.2 of Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014.
In order to adapt the national regulation to the aforementioned Regulations, it is necessary to establish a new normative framework in the field of management of the aid to the cessation of the fishing activity through the present real Decree, which develops Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014, adapting it to the specific circumstances of the Spanish fleet and taking into account, in particular, the relevant distribution existing in Spain in the field of maritime fisheries and fisheries management.
Thus, in the judgment of the Constitutional Court 166/2013, of October 7, it is emphasized that ' by sea fishing it is necessary to understand the regulation of the extractive activity. In more detail, sea fishing includes regulations concerning the resources and areas where it can be fished (funds, fishing grounds, distances, quotas), the periods in which it can be fished (vedas, hours) and the way and means of carrying out extractive activity at sea (gear, fishing gear). Similarly, as a budget for the so-called extractive activity, sea fishing also includes the regime for the protection, conservation and improvement of fishery resources. ' Therefore, the State is competent to regulate the matter at hand.
After the entry into force of this royal decree, the system of management of the fishing sector and adaptation to the European Fisheries Fund, will be integrated with respect to general rules, fleet construction, modernizations on board the fishing vessels and selectivity and Census of the Operational Fishing Fleet, by Chapters I to III and IX of Royal Decree 1549/2009 of 9 October, and in terms of adjustment of fishing efforts, artisanal coastal fishing, pilot projects, collective actions and socio-economic measures as established in this royal decree, which replaces the provisions set out in Chapters IV to VIII of that Royal Decree 1549/2009.
II
Aid for the permanent cessation of fishing activities is aimed, solely and exclusively, to facilitate the adjustment of the fishing capacity of the fleet to its real possibilities, with the objective of achieving a balance stable and durable between the two, as laid down in Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013. The balance between capacity and fishing opportunities should be assessed annually under the principle of a common approach across the Union; this approach is ensured by the Commission by setting out guidelines for fisheries. common including technical, social, economic and biological parameters.
This assessment is carried out by the annual report on the balance of the fleet which is to be sent to the Commission with the analysis of the situation of the national fleet and the identification of the segments with excess capacity. structural. The main element of the common approach is the allocation of the fleet to supra-fishing regions; in relation to the Spanish fleet, it should be located in three regions: North Atlantic, Mediterranean and Other Regions. In each of these regions, the fleet is classified according to the fishing gear normally used and the length of the vessel. If the assessment shows that the fishing capacity and fishing opportunities do not maintain an effective balance, a national action plan, unique for the fleet with excess capacity, should be drawn up, in which the adjustment objectives, means to achieve balance and precise deadlines for the implementation of the plan.
Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 lays down in Article 34 that aid may be granted for measures aimed at the permanent cessation of fishing activities, provided that where they are intended as an instrument of the said action plan for those fleet segments that are not effectively balanced with the fishing opportunities of that segment.
In this regulatory area, the permanent cessation and the relevant aid focus on the fishing modality of the vessel and its length for each of the three supra-regions. It should therefore be ensured that at the end of the action plan each identified fleet segment has recovered its balance situation.
The approach does not allow the disaggregating of the fleet segments in lower geographical units, as this lacks meaning to achieve the equilibrium objectives pursued by this common approach. This implies that the management of these definitive stoppages and the aid that can be granted for that purpose should be managed with an equally comprehensive approach. In this respect, the approach envisaged by the European Union prevents the use of aid in an effective way, since the base port of the vessel of relevance is lacking in order to achieve the aims pursued. Similarly, in application of the principle of sound financial management, aid should be given only to the number of vessels needed to achieve equilibrium; it is not acceptable to invest the EMFF funds without it being able to guarantee that they have been The minimum number of vessels to ensure the balance is definitely paralyzed, but it is not possible to allow aid to be granted to paralyse a greater number than is necessary.
On the basis of these principles, the Sectoral Fisheries Conference of 4 December 2014 adopted the agreement to establish a model for the management of the single aid for the entire State, with this management at the General Secretariat. Fisheries of the Ministry of Agriculture, Food and Environment. Vessels subject to permanent cessation shall be agreed with the autonomous communities concerned in each call for aid to be published.
However, fleets that fish exclusively in inland waters and those dedicated to marisking afloat or from watercraft, whose aid for permanent cessation will be managed by the government, are exempted from the centralized management. the autonomous communities. Similarly, the fleet located in the base ports of the Autonomous Community of the Basque Country, which, by its own system of financing, cannot receive additional financing from the State for this fleet, and by way of derogation, is hereby established. a system of prior agreement, through a binding report of the Ministry of Agriculture, Food and Environment, which ensures that the aid managed by the autonomous communities contributes to the achievement of the objectives of the plan national.
It must be ensured that the aid is intended for the owners and fishermen of those active vessels which have engaged in fishing for at least 90 days a year at sea, during the two years preceding the year. request for the help.
The minimum age requirement of the vessel, ten years, is also established in order to be able to benefit from the permanent cessation aid, in order to avoid the abandonment of the activity of the most modern vessels in the fleet. which would lead to an ageing of the same, with consequences for the safety and inefficiency of the units remaining to be avoided.
It is necessary to regulate the general conditions of the aid that guarantee that the ships have definitively withdrawn from the activity, and to ensure that the aid received is not used for the construction of new ships.
On the other hand, according to the principles of economy, efficiency and effectiveness in the financial management, the fishing possibilities of those ships that access the aids to the permanent cessation of the activity are regulated (a) fishing and the ability to transfer these fishing opportunities definitively. In the event that the aid for permanent cessation is granted to them, the Ministry of Agriculture, Food and Environment, through the General Secretariat of Fisheries, will distribute according to Articles 27 and 29 of Law 3/2001, 26 of March, of the Maritime Fisheries of the State, the totality of its fishing possibilities. The vessels concerned shall only receive aid if the disaster occurs after notification of the granting of the aid and the vessel is destined for scrapping.
The permanent cessation will be achieved by the scrapping of the vessel, and exceptionally by the packaging of the vessel for activity other than commercial fishing or, in the case of traditional wooden vessels, for your installation on land as a property.
The royal decree regulates the expenses that may be considered eligible, as well as the applicable scales and the method of calculating the aid. The amount of the aid for the holders of the property shall be constituted by the application of the scale calculated for the cessation plus the actual costs incurred in the scrapping, if any. This amount shall be deducted, in proportion, from aid received in certain cases prior to the vessel, as well as the amount received from the ship's insurance in the event of a disaster. The basis for calculating the scales and weightings is obtained from the official fisheries statistics of the Ministry of Agriculture, Food and the Environment.
The amount of aid for fishermen shall be compensation, the amount of which shall be determined in accordance with the provisions of each aid regulatory order.
Finally, the procedure for the processing of applications managed by the General Administration of the State and the participation of the autonomous communities in the process of selecting the vessels that will be beneficiaries of the aid.
III
On the other hand, aid for the temporary cessation of fishing activities is part of the measures to promote the competitiveness and viability of the companies in the fisheries sector referred to in the above. Regulation of the European Maritime and Fisheries Fund. The inclusion of these aids in the field of competitiveness and viability of the enterprises in the fisheries sector represents a substantial change in the concept of aid to the fisheries sector in the past, both the European Fisheries Fund and the Financial Instrument for Fisheries Guidance. From the entry into force of the framework of the European Maritime and Fisheries Fund, they cease to be a direct measure of support for the management of fishing effort or fishing capacity to become actions designed to ensure the the viability of the sector where fishing undertakings are required to temporarily halt their fishing activities.
The cases in which aid may be granted in connection with the temporary cessation of fishing activity is significantly reduced and only such aid may be granted when emergency measures are implemented at the initiative of the the Commission or Spain, pursuant to Articles 12 and 13 respectively of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013; conservation measures provided for in Article 7 of that Regulation, including periods of biological rest; where it is provided for in a management plan adopted in accordance with Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea or in a multiannual plan adopted in accordance 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.
The concept of such aid requires a different management model than that envisaged for aid for the permanent cessation of fishing activity; this model was adopted by means of a Sectoral Conference of 4 December 2014. The management of the aid shall be borne by the General Secretariat for Fisheries when they are caused by the non-renewal of a fisheries partnership agreement with a third country or its protocols or when emergency measures are taken by the Commission or by the Commission. national scope, provided that they affect more than one Autonomous Community. In the rest of the cases, the management will be responsible for the autonomous communities in whose ports the vessels affected by the temporary cessation are located, although it is anticipated that the General Secretariat of Fisheries will be able to manage those other aid that Point-in-time form is agreed upon in Sectoral
.The other basic element of this management model agreed in the abovementioned Sectoral Conference concerns the principle of non-discrimination, in respect of the applicable aid scales and the duration of the aid, between the vessels of different ports affected by the same temporary stop. To that end, the Sectoral Conference shall, annually, agree on the stops to be covered by aid, the working groups to be heard by fishing grounds which are established in the General Secretariat for Fisheries.
The financing of these stops will be carried out by the Ministry of Agriculture, Food and Environment. Annually, the Sectoral Conference will agree on the distribution of funds between the autonomous communities according to the temporary stops that have previously been agreed to subsidise.
Except for the previous model, aid for fleets fishing exclusively in inland waters or those which exclusively carry out the activity of marisking afloat or from a vessel to be managed and financed by the autonomous communities, as well as aid for vessels with a base port in the Autonomous Community of the Basque Country, which shall be managed and financed by that administration.
The aid will be for the shipowners of the fishing vessels affected by the stop, as well as for the fishermen in those vessels. The amount of aid to the former shall be calculated on the basis of a scale established on the basis of sections of gross tonnage (GT) multiplied by the number of gross tonnage (GT) of the vessel concerned and by the number of days of the stop, while the amount for the fishermen's case shall be obtained from multiplying a maximum amount of EUR 45 per the number of days of stopping.
This aid will be granted on a competitive basis, establishing the royal decree the minimum assessment criteria, only for application to fishing vessels, which must be included in the bases and calls for such aid. The criteria are based on the fishing activity of the vessel in the fishery subject to the aid, in its inclusion in an action plan relating to the balance of the fleet, as well as in the ship's dependence on the capture of a biological species. determined, when the stop has been adopted with the aim of regulating the fishing effort for a particular species which is in a situation of overexploitation or risk.
As general conditions for obtaining the aid, during the temporary standstill period all fishing activities carried out by the vessel or the fishermen concerned must in fact be suspended, with the maximum duration established of the aid for this subject in six months during the entire programming period 2014-2020. In addition, the vessels covered by the aid must have carried out a fishing activity of at least 120 days at sea, during the two years preceding the date of application for the aid, and the fishermen must also have worked in the the sea at least 120 days during the same period of time on board the vessel affected by the temporary cessation.
Finally, the requirements for aid applicants are laid down, both those that refer to the vessel and the specific ones for the fishermen. Among these requirements, it is necessary to make explicit reference to the requirement that the vessel covered by the aid will remain inactive and in port for the entire eligible period of the temporary stop, as well as the obligation, by the shipowner of the vessel, have submitted to the labour authorities the relevant communication of initiation of the procedure for the suspension of contracts.
In the elaboration of this royal decree, the autonomous communities and the fishing sector have been consulted.
In its virtue, on the proposal of the Minister of Agriculture, Food and Environment, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council and prior deliberation of the Council of Ministers at its meeting on 29 December 2015,
DISPONGO:
CHAPTER I
General rules
Article 1. Object.
This royal decree establishes the basic rules applicable to the management of aid for the permanent and temporary cessation of fishing activities, as laid down in Law 3/2001 of 26 March 2001. State Maritime Fisheries and 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 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 of the Council and Regulation (EU) No 1255/2011 of the European Parliament European and Council.
Article 2. Requests for inadmissibility of requests.
1. Those who are in one of the cases set out in Article 10 of Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 shall not be eligible for the support of the EMFF for permanent or temporary cessation. during the period of time provided for in application of the same.
In this respect, no aid could be obtained who would have been punished with the impossibility of obtaining loans, grants or public aid, as provided for in Title V of Law 3/2001 of 26 March, and, where appropriate, by the regulations of the Autonomous Communities.
2. Similarly, no aid may be granted for any of the prohibitions in any of the prohibitions for the consideration of the beneficiary provided for in Article 13 of Law 38/2003 of 17 November, General of Grants.
Article 3. Intensity of the aid.
The intensity of the aid for the cessation of fishing activities shall be in accordance with Article 95 of Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014. the contribution of the European Maritime and Fisheries Fund of 50% of the total amount of aid calculated as set out in this Royal Decree, corresponding to the other 50% of the national contribution, in accordance with Article 94.3 of that Regulation.
CHAPTER II
Definitive cessation of fishing activity
Article 4. Aid for the permanent cessation of fishing activities.
Aid may be granted for the permanent cessation of fishing activities where such cessation is envisaged as an instrument of the action plan as laid down in Article 22.4 of Regulation (EU) No 1380/2013 of the European Parliament European Union and the Council of 11 December 2013 indicating that the fleet segment is not effectively balanced with the fishing opportunities available to that segment and complies with the forecasts laid down in Regulation (EU) No 508/2014, of the European Parliament and of the Council of 15 May 2014, and in particular with regulated in Article 34.
The aid provided for in this Chapter may be granted until 31 December 2017.
Article 5. Beneficiaries.
May be beneficiaries of aid for the permanent cessation of fishing activity:
(a) owners of fishing vessels of ten or more years of age who are registered as assets and who have carried out a fishing activity of at least 90 days a year at sea, during the two years prior to the date of the date of of the submission of the application.
(b) Fishermen who have worked at sea for at least 90 days a year during the two years prior to the date of submission of the aid application on board a Union fishing vessel affected by the cessation of fishing definitive.
Article 6. General conditions.
1. The permanent cessation shall be achieved by the scrapping of the vessel.
2. By way of derogation from the previous paragraph, aid may be granted for permanent cessation without scrapping, provided that the vessels are put up for activities other than commercial fishing. In addition, in order to preserve the maritime heritage, in the case of traditional wooden vessels, aid may be granted provided that such vessels are kept on land as property.
3. The 90 days a year in the sea of fishing activity required in the previous article shall have been carried out in the mode and fishing grounds specified in each call order.
4. The vessels concerned shall not be eligible for permanent cessation, except in those cases where the accident occurred after the date of notification of the decision granting the aid in question. permanent cessation by scrapping.
5. From the date on which the final favourable decision to grant the aid is notified, the fishing activity shall be suspended in full, the vessel being placed on a temporary leave and the licences and authorisations being cancelled at that time. temporary permits (PTP) of fishing that were in force. The suspension of the fishing activity must be credited through the delivery of the role in the Maritime Captaincy of the port at the moment of the arrival to it. The situation of a temporary low will be final at the moment when the scrapping materializes and has been discharged in the Register of Ships and Shipping Companies in accordance with article 62.3 of Law 3/2001, of March 26. In the case of vessels which are permanently grounded by the packaging for activities other than commercial fishing, the situation shall be definitively reduced at the time of the change in the list from the third to any list, different from the fourth of the Register of Ships and Shipping Companies.
In any case, the final low status will be prior to payment of the aid.
6. From the moment of notification of the final decision granting the aid, the General Secretariat of Fisheries of the Ministry of Agriculture, Food and Environment, as provided for in Articles 27 and 29 of Law 3/2001, of 26 In March, it shall distribute all the fishing opportunities which may be definitively transferred from the vessels receiving aid for the permanent cessation of their fishing activities.
In this sense, it is understood by the totality of the fishing possibilities that the vessel was originally assigned. This reversal shall be final when the decision granting the aid is final. Otherwise, they will return to the requester.
The fishing opportunities shall be distributed as laid down in the rules governing the fisheries concerned.
7. Owners of fishing vessels benefiting from such aid shall be prohibited from registering a fishing vessel in 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 help.
In the event that ownership of the property of the vessels benefiting from the aid falls to natural persons, this restriction shall extend to their relatives to the second degree, as well as to their participation in persons Legal instruments to be registered by other vessels. In the case of a legal person, the restriction shall affect its members, who may not register a vessel or participate in a company to be registered.
Article 7. Requirements to be met by applicants for aid.
1. For the purpose of obtaining the aid for owners, the following requirements shall be met:
(a) That the ship belongs to the third list of the Register of Shipping and Shipping Companies.
b) That the ship is in a high position in the General Register of Fishing Fleet.
(c) Be in possession of the fishing licence and the authorisations for the modalities and fishing grounds identified in each call.
d) Be aware of your tax obligations and social security.
2. For the purpose of obtaining the aid, fishermen in a fishing vessel affected by the permanent cessation shall meet the following requirements:
(a) Be enrolled on board any of the Spanish fishing vessels affected by the permanent cessation of fishing activity.
(b) Credit a period of contribution in the Special Regime of the Social Security of the Workers of the Sea, at least one year throughout their working life.
c) Be aware of the payment of your tax obligations.
3. The above requirements may be complemented by those that are specifically set out in the relevant base orders.
Article 8. Amount of the definitive cessation aid for the owners of the fishing vessels.
1. The aid shall consist of the amount resulting from the application of the scale, where appropriate, of the eligible costs.
2. Aid materialised by the scrapping of the vessel. We shall consider and calculate the amount of aid.
(a) The scales for aid shall be obtained from the historic value of the hull of the vessel for each fleet segment of a fishing modality, as 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 the Fishing Fleet at the entry into force of this royal decree.
(b) The amount corresponding to each vessel for the application of the scale shall be calculated by multiplying the corresponding scale by the number of gross tonnage (GT) of the vessel that has been stopped.
For these purposes, the gross tonnage (GT) number will be the one on the ship's seat sheet. 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 Commission Regulation (EC) No 1013/2010 of 10 November 2010 laying down detailed rules for the implementation of the Union fishing fleet policy as defined in Chapter III of Council Regulation (EC) No 2371/2002 in the five years preceding the date of termination of the Union's fishing fleet policy the time limit for the submission of applications for aid.
(c) For vessels less than 18 metres in length, the scale shall be increased by adding a correction coefficient obtained from the average value of the revenue received by fishing activity in the period 2011-2013, as set out in Annex I to this Royal Decree. This coefficient shall be 50% of the average revenue for vessels up to 12 metres in length and 20% for ships of up to 12 metres and up to 18 metres.
(d) The cost of scrapping may be considered eligible for the amount, percentage and conditions laid down in the bases.
e) The beneficiaries of the aid may freely dispose of the equipment, gear and gear of the vessel.
(f) The amount obtained from the sale of the hull parts of the ship as scrap shall be reduced from the aid, where the profits of this sale are borne by the owner of the vessel's property.
(g) In the case provided for in Article 6.4, the amount of the aid shall be deducted from the amount received by the ship's hull, from insurance institutions in the event of a vessel disaster.
3. Aid for permanent cessation by the packaging of the vessel for activities other than commercial fishing. The scale and calculation of the aid shall be carried out taking into account
following:(a) The scales for aid shall be obtained from the historical value of the vessel for each fleet segment of a fishing modality as set out in Annex II to this Royal Decree.
(b) The amount corresponding to each vessel for the application of the scale shall be calculated by multiplying the corresponding scale by the number of gross tonnage (GT) of the vessel that has been stopped.
4. In the cases referred to in paragraphs 2 and 3, the amount obtained shall be deducted from the method set out in paragraphs 2 and 3, according to the criterion of pro-rata temporis, the amount of aid received by the vessel as a temporary cessation, support for young fishermen for the acquisition of their first fishing vessel in accordance with Article 31.2 of Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014, and investments on board or equipment of the ship received during the five years preceding the application for the aid for permanent cessation.
prorrata temporiswill also be deducted, the aid received by construction, pilot project or export, during the twelve years prior to the date of application for the aid.
Article 9. Amount of permanent cessation aid for fishermen.
1. The fishermen affected by the permanent cessation shall in fact stop all their fishing activities, with the beneficiaries having to provide proof of the effective cessation of fishing activities to the competent authority.
2. The aid shall consist of compensation for those fishermen who have worked on board a vessel affected by the final cessation and their individual amount shall be determined in accordance with the provisions of each order of the bases without in any case may exceed, per individual beneficiary, twice the minimum inter-professional salary fixed at each time, in annual accounts.
3. The compensation shall be reimbursed pro rata temporis when a fisherman receiving the aid resumes its fishing activity within a period of less than two years from the date of submission of the aid application.
Article 10. Verification and justification of the conditions by the beneficiaries.
1. The days of activity at sea referred to in Article 34.2 of Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 shall be verified ex officio by means of vessel tracking devices satellite (VMS). In the case of ships that do not have an obligation to carry such devices on board, these devices shall be verified by electronic on-board (DEA) journals.
In the case of ships that do not have an obligation to carry on board the above devices, the days of activity shall be verified by the fishing journal.
For other vessels which have no obligation to carry on board the said devices or to fill in the fishing logbooks, the activity shall be verified by the sales notes, provided that the agreement between day of sale and day of landing or catch, as well as by any other device, document or medium that allows to verify the days of activity at sea.
2. The consideration of active vessels shall be those which are in a high, provisional or final status, in the General Register of the Fishing Fleet and which have exercised the fishing activity during the year immediately preceding that of the application. of help.
3. The ownership of the vessel shall be accredited by an updated certification of the Commercial Registry on which the ownership of the vessel is recorded and the absence of charges and charges on the vessel.
4. In the case of scrapping, the beneficiaries must prove to the competent authority in the management of the aid that the scrapping has materialised through the following documents:
(a) Declaration of the owner of the ship's property on the destination to be given to the scrap parts of the hull of the ship.
(b) Public writing of the scrapping contract with the yard in which the actual cost of the scrapping is broken down. In addition, the amount agreed on by the value as scrap of the hull of the ship as well as other materials of the ship (equipment, gear and gear) to be sold by the yard shall be included. Failure to submit the contract concluded with the yard shall result in the loss of the right to the grant of the grant.
(c) A graphic report showing day and hour, all stages of the scrapping are included and the ship is properly identified. Failure to submit such evidence shall result in the loss of the right to the grant of the grant.
d) In the case of sale by the owner of the pieces scrapped as scrap, sales invoices and the corresponding payment documents. In the event that they are to be retained, it will be possible to prove through the purchase invoice or, failing that, through their expert assessment. These documents must be submitted in advance of the application for payment of the aid by the beneficiary.
e) In the event that the vessel covered by the aid has been declared as a disaster between the date of the decision to grant the aid and the planned date of scrapping, the owner must present the documentation where appropriate. proof of the amount received for securing the hull of the vessel, which shall be covered by the aid granted.
5. In the case of conditioning for activities other than commercial fishing, the beneficiaries shall prove to the competent authority in the management of the aid the permanent cessation of fishing activities through the The following documents:
(a) The description of the activity to which the fishing vessel is to be allocated and, where appropriate, technical memory and business project.
b) Low of the third list of the vessel register and, if applicable, high on a list other than the fourth.
c) Supporting documents of the authorizations, licenses and permits necessary to exercise the new activity or, if they do not have the same, requests for such authorizations, licenses and permits that, in any Case, they must be presented once obtained.
d) Graphic documentation of the various phases of the ship's reform and the equipment acquired to carry out the new activity.
6. In any case, the documents of the definitive standstill described above may be supplemented by any other documents deemed appropriate and which will be established in the corresponding base orders.
Article 11. Processing of the aid.
1. Applications for assistance shall be addressed to the General Fisheries Management Directorate of the General Secretariat for Fisheries.
2. The Directorate-General for Fisheries Management shall forward to the autonomous communities the relationship with the aid applications submitted in each call for a report on the applications within 10 days. If no reply is received within that period, the action may be continued.
3. However, where the permanent cessation is of the fleet whose exclusive activity is the sea-fishing vessel, or on board a vessel, which operates exclusively in the inland waters of the autonomous communities, as well as that of the vessels concerned, with a base port in the autonomous community of the Basque Country, the aid will be managed by the respective autonomous communities.
4. In relation to the fleet with a base port in the Basque Country, this autonomous community will forward to the General Secretariat of Fisheries the relation of requests for assistance of each call, which will be examined and informed in relation to its adaptation to the plan action. That report shall be binding.
The referral to the General Secretariat for Fisheries of the relationship of applications for examination and report in the case of the fleet whose exclusive activity is the marisqueo afloat or on board of the vessel and the one that operates shall not be necessary. exclusively in inland waters of the community.
CHAPTER III
Temporary cessation of fishing activity
Article 12. Aid for the temporary cessation of fishing activity.
1. Aid may be granted for the temporary cessation of fishing activities within the framework of the provisions laid down in Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014, and in particular with the provisions of Regulation (EU) No 508/2014. Article 33, and where it is included in any of the following assumptions:
(a) In application of the measures of the Commission or of the emergency measures of the Member States referred to in Articles 12 and 13 respectively of Regulation (EU) No 1380/2013 of the European Parliament and of the Council, of 11 December 2013 or of the conservation measures referred to in Article 7 of that Regulation, including periods of biological rest.
(b) In the case of non-renewal of collaboration agreements with third countries of sustainable fisheries or their protocols.
(c) When provided for in a management plan adopted in accordance with Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, or in a multi-annual plan adopted in accordance with Articles 9 and 10 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013, if, on the basis of scientific recommendations, a reduction in fishing effort is required to achieve the objectives referred to in Article 2.2 and 5 (a) of that Regulation.
2. Temporary cessation aid may be granted for a maximum duration of six months per vessel and fisherman during the 2014-2020 programming framework of the European Maritime and Fisheries Fund.
3. All fishing activities carried out by the fishing vessel or fishermen concerned shall be suspended in fact.
It is excluded from the above, the outages of the stops required for security reasons.
The fisheries management responsible for the management of the aid shall establish measures to ensure that the fishing vessel concerned has ceased all activity during the period referred to in the temporary cessation of aid. subject to the minimum guarantees referred to in Article 14.
4. Temporary cessation aid shall be incompatible with the aid for permanent cessation. For these purposes, at the time of the application for temporary cessation aid, the application for permanent cessation aid shall be communicated, where appropriate.
The granting of temporary cessation aid shall be subject to the refusal of the aid for permanent cessation.
Article 13. Beneficiaries.
May be beneficiaries of aid for the temporary cessation of fishing activity:
1. Shipowners of fishing vessels registered as assets in the General Register of the Fishing Fleet and having carried out a fishing activity of at least 120 days at sea, during the two years preceding the date of submission of the the request for help.
2. Fishermen who have worked at sea at least 120 days during the two years preceding the date of submission of the aid application on board a fishing vessel affected by the temporary cessation.
Article 14. General conditions.
1. The 120 minimum days of fishing activity required in the previous article must have been carried out in the mode and fishing grounds specified in each call order.
2. During the period of stoppage, the fishing activity must be total and the vessel must remain in port for the entire period of the stop, not being able to be dispatched for any activity and without it being necessary for that port matches its base port. This circumstance must be taken up in the office, in which it is expressly stated that the ship enters port to start a temporary stop of the fishing activity and, likewise, the day of departure will indicate that the ship ends the temporary stop.
Those movements of the ship may be exempted for safety reasons required by the competent authority and must be accredited and certified by that authority.
3. The days of activity at sea referred to in Article 33.3 of Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 shall be verified through the means and instruments set out in Article 10.1. All vessels with satellite tracking devices must be kept on for the duration of the stop to which the aid is intended.
4. The suspension of the 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.
Article 15. Requirements to be required of aid applicants.
1. For the purpose of obtaining the aid for shipowners, the following requirements shall be met:
(a) That the ship belongs to the third list of the Register of Ships and Shipping Companies.
b) That the ship is in a high position in the General Register of Fishing Fleet.
(c) Be in possession of the fishing licence and the authorisations for the modalities and fishing grounds identified in each call.
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 application for the aid, which shall be the same as that contained in the General Register of the Pesquera fleet at the entry into force of this Royal Decree.
d) Be aware of your tax obligations and social security.
e) For the purpose of the fishermen of the vessel being temporarily stopped being eligible for the aid, justification that the vessel owner has submitted to the labour authorities the corresponding aid notice of initiation of the procedure for the suspension of contracts or reduction of working hours covered by Article 47 of the Staff Regulations, for the total of the crew members in the vessel, on the date of the last arrival at port to start the stop, for the purposes of being able to take the decision to suspend the contracts or reduce the day.
2. To apply for the aid, fishermen in a fishing vessel affected by the temporary cessation shall meet the following requirements:
(a) Be enrolled on board any of the Spanish fishing vessels affected by the temporary cessation of fishing. The vessels concerned shall be included in the relationship certified for this purpose by the General Secretariat of Fisheries of the Ministry of Agriculture, Food and the Environment.
(b) Being included in the procedure for the suspension of work contracts or reduction of working hours.
c) To find themselves in the situation of high in Social Security and to keep the employment relationship uninterrupted with the shipowning company of the vessel in which they were enrolled in the moment of the immobilization of the fleet during the stop.
(d) Credit a period of contribution in the Special Regime of the Social Security of the Workers of the Sea, at least twelve months throughout their working life.
e) Be aware of your tax obligations and social security, if any.
3. The above requirements may be complemented by those that are specifically set out in the relevant base orders.
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 applicable scale set out in Annex III to this Royal Decree by the number of gross tonnage (GT) of the vessel and for stop days.
For these purposes, the gross tonnage (GT) number will be the one on the ship's seat sheet.
The amount of aid to fishermen will be calculated by multiplying a maximum of 45 euros per stop days.
2. The duration of the computable period for the calculation of the temporary cessation aid shall be equal for all vessels affected by that stop, irrespective of the port of base of those vessels.
Article 17. Evaluation criteria.
1. Aid for the temporary cessation of fishing activities shall be granted by means of the competitive competition procedure, with the following assessment criteria being established at least:
(a) Inclusion of the vessel whose owner applies for the aid in an action plan as laid down in Article 22.4 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013.
b) Fishing activity of the vessel in the fishery covered by the aid. Such activity shall be established in accordance with the number of days for which the activity is carried out in that fishery, for the two years immediately preceding the date of submission of the application.
(c) For temporary stoppages to a particular species in a situation of over-exploitation or at risk, the vessel's dependence on the catches of that species. The dependency shall be established on the basis of the percentage of catches in tonnes of the species concerned, the value of the total of the catches marketed, the relative value of the species concerned on the total value, or a combination of the previous ones, based on the aggregate totals over a given period of time.
2. The assessment criteria set out in the previous paragraph shall be at least 75% of the number of maximum points to be set out in the corresponding base orders for the assessment of the applications submitted.
3. These assessment criteria shall apply to fishing vessels which opt for aid, excluding fishermen who shall be entitled to the aid to be included in the role of the vessel affected by the suspension. temporary and comply with other established requirements.
Article 18. Management of the aid.
1. The management of aid for the temporary cessation of fishing activities in the case of fleets affected by the non-renewal of a sustainable fisheries partnership agreement or its protocols, or when emergency measures are adopted by the Commission or at national level, provided that they affect more than one Autonomous Community, shall be the responsibility of the General Secretariat for Fisheries of the Ministry of Agriculture, Food and the Environment.
2. In the rest of the cases, they will be managed by the autonomous communities in whose ports the vessels affected by the temporary cessation are located.
3. However, the General Secretariat for Fisheries may manage the temporary cessation aid to be agreed in the relevant Sectoral Fisheries Conference.
Article 19. Financing of the aid.
1. Temporary stops eligible for assistance shall be agreed by the Sectoral Fisheries Conference.
2. The working groups, made up of representatives of the Autonomous Communities and the General Administration of the State, shall propose, in the light of the fishing sector concerned, temporary stops which may be eligible for aid, provided for in the Article 18.2 and 3, prioritizing them.
To this end, they will have to make such proposals during the second and third quarters of the year before the aid comes to materialize.
However, in the event of an unexpected circumstance requiring the closure of a fishery, the Sectoral Conference may agree to the temporary cessation of the fishing activity in the context of the envisaged scenarios. in Article 12 without the need for a prior proposal.
3. Fleets whose exclusive activity is the ship-in-flight or on board a vessel and those operating exclusively in the inland waters of the autonomous communities shall be managed and financed by those authorities.
4. Similarly, aid for vessels with a base port on the territory of the Autonomous Community of the Basque Country shall be managed and financed by that community.
5. National co-financing will be transferred to the autonomous communities through a Sectoral Conference agreement with the budgets of the Ministry of Agriculture, Food and the Environment.
This national co-financing may be further increased, with the agreement of the Sectoral Conference, to support the management of the temporary cessation by the autonomous communities, in an amount that will not be possible. exceed 10% of the amount allocated to each Autonomous Community.
6. The Financial Plan of the General Administration of the State, after agreement of the Sectoral Conference, will be reprogrammed, allocating the European funds to the autonomous communities affected by the temporary cessation. This reprogramming can be increased by an additional 10% to meet the management needs of the temporary stoppages.
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 year of the date of the decision to grant a subsidy regulated in this royal decree and the year of its entry into service, which is listed in the General Register of the Fishing Fleet.
Additional provision 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, additional to the days of compulsory rest, the duration of the activity shall not be applicable. provided for in Article 14 (4
.In any event, the competent authority of the management of the aid must prove the inactivity of the vessel which will be programmed in advance by means of a plan of temporary cessation of the fishing activity for the port or fleet to be coupled to this temporary standstill mode.
Single transient arrangement. Processing of the files initiated under Royal Decree 1549/2009 of 9 October on fisheries management and adaptation to the European Fisheries Fund.
By way of derogation from the derogation provision, the aid provided for in Royal Decree 1549/2009 of 9 October on fisheries management and adaptation to the European Fisheries Fund may be processed, as provides for Article 129.2 of Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 until 31 December 2015.
Single repeal provision. Regulatory Repeal.
Chapters IV, V, VI, VII and VIII are repealed, as well as the additional first and third provisions and the first transitional provision of Royal Decree 1549/2009 of 9 October on the management of the fisheries sector and adaptation to the European Fisheries Fund.
Final disposition first. Competence title.
This royal decree constitutes basic legislation for the management of the fisheries sector, dictated by the provisions of Article 149.1.19. Article 6 (6) of Regulation (EEC) No 17577 of the European Parliament and of the Council of 17 May 2000 on the application of the provisions of the Treaty on European Union and of the European Parliament and of the Council conformity with the provisions of Article 149.1.19. of the Constitution.
Final disposition second. Regulatory enablement.
The Minister of Agriculture, Food and the Environment is empowered to amend the Annexes, as well as to dictate the implementing rules that are necessary for the correct application of the provisions contained in the present royal decree.
Final disposition third. Entry into force.
This royal decree will enter into force on the day following its publication in the "Official State Gazette".
Given in Madrid, on December 29, 2015.
FELIPE R.
The Minister of Agriculture, Food and the Environment,
ISABEL GARCÍA TEJERINA
ANNEX I
Maximum premium amount. Definitive Paralisations
| Fishing Art | Amount Top of the Prima In Euros (Casco Historical Value *) | |
|---|---|---|
|
< 12 | 7.560.96 + 5.416.03) xGT | |
| Backend | (4.603.09 + 5.416.03) xGT | |
|
Multipurpose Fixed Arts |
| |
|
Cercers | (3.360.84 + 5.416.03) xGT | |
| Nases and Trap Arts | (4.461.38 + 5,416.03) xGT | |
|
Rastros | (7.407.61 + 5.416.03) xGT | |
| Enmalle Networks |
| |
| ≥12 < 18 | hooks | (7.355, 77 + 1.327.94) xGT |
| backend drag |
| |
|
Multipurpose fixed arts | (4.868.81 + 1.327.94) xGT | |
|
Cerkers | (4.166.1 + 1.327.94) xGT | |
|
Nases and Trap Arts |
| |
| Rastros |
(6.956.39 + 1.27.94) xGT | |
|
Enmalle Networks | (4.401.61 + 1.327.94) xGT | |
| ≥18 < 24 | hooks | 3.530.27xGT |
|
background | 3.590.91xGT | |
|
4.154,28xGT | ||
| 2.381,34xGT | ||
|
≥24 < 40 | hooks | 2.893.87xGT |
| Backend | 3.467.11xGT | |
| Cerkers | 5.092.53xGT | |
|
Enmalle Networks | 2.188, 64xGT | |
| ≥40 | hooks | 2.351.71xGT |
|
Backend | 1,985,66xGT | |
|
Cerkers | 2.712.12xGT |
* For ships less than 18 metres in length the corrective factor has been added to it.
1 Length: The overall length of the overall length shown in the General Register of the Fishing Fleet.
ANNEX II
Maximum premium amount. Packaging of the vessel for activities other than commercial fishing
| Fishing Art | Amount Primal In Euros (Buque Historical Value) | ||
|---|---|---|---|
| 15.113,26xGT | |||
| Backend | 9.651.54xGT | ||
|
Multipurpose Fixed Arts | 14.121.02xGT | ||
| Cercers | 6.856.17xGT | ||
|
Nases and Arts trap | 9.011,48xGT | ||
|
Rastros |
16.040.32xGT | ||
|
Enmalle Networks | 11.258.2xGT | ||
| ≥12 < 18 | hooks | 14.531.63xGT | |
| Backend |
9.363,34xGT | ||
|
Arts multipurpose | 10.011.6xGT | ||
| Cercers | 8.591.88xGT | ||
|
6.799.57xGT | |||
| Rastros | 13.527.87xGT | ||
|
Enmalle Networks | 8.952.54xGT | ||
| ≥18 < 24 | hooks | 6,913.84xGT | |
|
-end drag | 7.088.16xGT | ||
| Cercers | 8.392, 14xGT | ||
|
Enmalle Networks | 4.670, 72xGT | ||
| ≥24 < 40 | hooks | 5.686.5xGT | |
|
-end drag | 6.734.7xGT | ||
| Cercers | 9.790.58xGT | ||
|
Enmalle Networks | 4.590, 78xGT | ||
| ≥40 | hooks | 4.645.79xGT |
|
| bottom-end drag | 4.158.34xGT | ||
| Cercers | 5.610.56xGT |
2 In length: The overall length of the overall length in the General Register of the Fishing Fleet.
ANNEX III
Maximum premium amount. Temporary cessation
Ship for shipowners
Maximum amounts of compensation
| category by tonnage class (G.T.) | Maximum amount of premium per ship and day (in euros) | |
|---|---|---|
|
< 25 | 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 | |
| 1.32xGT + 558 | ||
|
> 1,500 and < 2,500 | 1.08xGT + 918 | |
|
> 2,500 | 0 ,80xGT+1,608 |
(1) Guaranteed minimum of 100 € per day.
