Royal Decree 1173 / 2015, Of 29 December, The European Fund For Maritime And Fisheries Development In Relation To Aid For Permanent And Temporary Cessation Of Fishing Activities.

Original Language Title: Real Decreto 1173/2015, de 29 de diciembre, de desarrollo del Fondo Europeo Marítimo y de Pesca en lo relativo a las ayudas a la paralización definitiva y temporal de la actividad pesquera.

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I the policy fisheries common has as one of its essential objectives promote a professional, cost-effective fleet that ensures a sustainable exploitation of marine biological resources, in such a way as to optimum use without compromising the integrity of the physical environment and the biological balance of exploited populations. In this sense, the Regulation (EU) No. 1380 / 2013 of the European Parliament and of the Council of 11 December 2013, on common fisheries policy, sets the new framework for management of the fleet capacity which must adapt the aid to be granted for temporary and final cessation of fishing activity.

As one of the pillars of the new fisheries policy, in the Regulation (EU) No. 508/2014, of the European Parliament and of the Council of 15 may 2014, the European Fund for maritime and fisheries (FEMP), establish the financial measures from the Union for the implementation of the common fisheries policy, of measures relating to the law of the sea sustainable fisheries and aquaculture and inland fisheries development, as well as maritime policy integrated and, specifically, in articles 33 and 34 establishes the final and temporary cessation of fishing subsidies.

The enactment of this regulation repeals the previous regulation for these same actions and, in particular, Regulation (EC) No. 1198 / 2006 of the Council, concerning the European Fisheries Fund. As a result, the national law of development of the European Fisheries Fund contained in the Royal Decree 1549 / 2009, of 9 October, on management of the fisheries sector and adaptation to the European Fisheries Fund, which included the regulation applicable to aid to the temporary and definitive cessation of fishing activity, shall be without effect from the December 31, 2015 , date in which, Furthermore, will be completely without effects the Regulation (EU) No. 1198 / 2006, as provided in article 129.2 of the Regulation (EU) No. 508/2014, the European Parliament and the Council, on May 15, 2014.

In order to adapt national regulation to the above-mentioned regulations, it is necessary to establish a new regulatory framework management of aid for the cessation of fishing activity by means of the present Royal Decree, which develops the Regulation (EU) No. 508/2014, the European Parliament and the Council, on May 15, 2014, adapting it to the specific circumstances of the Spanish fleet and taking into account especially the competences existing distribution in Spain in the field of fisheries and fisheries management.

Thus, in the judgment of the Court constitutional 166/2013, October 7, stands that ' fisheries have to understand the regulation of the extractive activity. In a more detailed way, marine fisheries includes regulations relating to resources and the areas where can fish (funds, fishing grounds, distances, quotas), periods in which is possible to fish (vedas, hours) and the form and means of extraction activities in the Sea (arts, fishing). In the same way, as the designated extractive activity budget, marine fisheries includes also the regime of protection, conservation and enhancement of fishery resources '. The State is therefore competent to regulate the matter that concerns us.

Following the entry into force of this Royal Decree, the management regime of the fisheries sector and adaptation to the European Fisheries Fund, will be integrated in relation to General rules, building the fleet, modernizations on board fishing vessels and selectivity and census of the fleet fisheries operational, by chapters I to III and IX of the Royal Decree 1549 / 2009 9 October, and in terms of adjustment of fishing effort, pilot projects, small-scale coastal fisheries, socio-economic measures and collective actions by the provisions of this Royal Decree, which replaces to the provisions of chapters IV to VIII of the aforementioned Royal Decree 1549 / 2009.

II aid for the permanent cessation of fishing activities are intended, unique and exclusive, to facilitate the adjustment of fishing capacity of the fleet to their real possibilities, with the aim of balancing stable and lasting between both, as established in the Regulation (EU) No. 1380 / 2013, the European Parliament and the Council on December 11, 2013. The situation of balance between capacity and fishing possibilities must be evaluated annually under the principle of a common approach throughout the Union; such an approach is guaranteed by the Commission through the establishment of common guidelines which include technical, social, economic and biological parameters.

This evaluation is carried out through the annual report on balance of the fleet which should be addressed to the Commission with the analysis of the situation of the national fleet and the identification of segments with structural overcapacity. The main element of the common approach consists of the allocation of the above regions of fishing fleet; in relation to the Spanish fleet, this must be placed in the above three regions: North Atlantic, Mediterranean and other regions. In each of these regions, the fleet is classified according to the art of fishing commonly used and the length of the ship. If the assessment shows that the fishing capacity and fishing opportunities do not maintain a cash balance, should draw up a national plan of action, only for the fleet with excess capacity, which established the objectives of adjustment, the means to achieve balance and precise deadlines for the implementation of the plan.

The Regulation (EU) No. 508/2014 of the European Parliament and of the Council, on May 15, 2014, establishes in its article 34 that aid measures for the permanent cessation of fishing activities, provided they are intended as an instrument of the referred action plan for those fleet segments which are not balanced in an effective way with the possibilities for fishing of this segment can occur.

In this regulatory area, the permanent cessation and relevant subsidies focus on the type of fishing vessel and its length for each of the above three regions. You must, therefore, ensure that upon completion of the plan of action each fleet segment identified has recovered its balance situation.

The approach does not disaggregate segments of fleet in lower geographical units, since it has no meaning to achieve the balance objectives pursued by this common approach. This means that the management of these final stoppages and supports that can grant for this purpose, they must be managed with a similarly comprehensive approach. In this sense, the approach envisaged by the European Union prevents territorialize aid effectively, lacking the home port of the vessel's relevance to achieve the purposes intended. Similarly, in application of the principle of sound financial management, aid should give only to the number of boats necessary to achieve balance; It is not acceptable to invest the funds of the FEMP unless it can be guaranteed that have stalled because definitely the minimum number of boats that will ensure the balance but, equally, it is not possible to admit that aid be granted to paralyze more than necessary.

According to these principles, the sectoral Conference on December 4, 2014 fishing adopted the agreement to establish a unique statewide model of management of grants, with the General Secretariat of fisheries of the Ministry of agriculture, food and environment management. Vessels subject to permanent cessation is consensuarán with the autonomous communities affected in each call for aid to be published.

However, except the centralized management fleets which fish exclusively in inland waters and those dedicated to shellfishing afloat or from a boat, whose final cessation aid will be managed by the autonomous communities. Likewise, the fleet based in ports based on the autonomous community of the Basque country, which, by its own system of funding may not receive additional funding from the State for this fleet is excepted, and as a matter of exception, establishing a system of prior agreement by a binding report of the Ministry of agriculture, food and environment, which ensures that aid managed by the autonomous communities contribute to the achievement of the objectives of the national plan.

It must be ensured that such aid allocated to owners and fishermen from those active vessels that have exercised a fishery at least 90 days a year at sea, during the two years prior to the request for aid.

He is set, also, the requirement of minimum age of the ship, ten years, to qualify for aid for permanent cessation, in order to avoid the abandonment of the most modern ships of the fleet activity, which leads to an ageing of the same, with consequences on the security and inefficiency of the units that remain that they should be avoided.

It is necessary to regulate general conditions of support ensuring that vessels have withdrawn definitively from activity, and ensure that aid is not used for the construction of new vessels.
On the other hand, in accordance with the principles of economy, efficiency and effectiveness in financial management, regulating the fishing opportunities of those vessels that have access to aid for the permanent cessation of fishing activity and had recognized the ability to transfer definitively these fishing opportunities. In the case that is granted aid for permanent cessation, the Ministry of agriculture, food and environment, through the General Secretariat for fisheries, it will distribute in accordance with articles 27 and 29 of the Act 3/2001, of March 26, the State maritime fishing, all of their fishing opportunities. Ships damaged only will receive aid if the incident occurs after the notification of the granting of the aid and the ship was intended for scrapping.

The permanent cessation materialize the scrapping of the vessel, and exceptionally using conditioning for other than commercial fishing activity or, in the case of traditional vessels of wood, for installation in Earth as patrimonial good.

The Royal Decree regulates the expenditure may be considered eligible, as well as the applicable scales and the method of calculation of the aid. The amount of the aid to the owners of the property will be made by means of the calculated scale for more cessation actual costs incurred in the scrapyard, where appropriate. This amount will be deducted, prorating, subsidies received in certain cases previously by the vessel, as well as the amount received the assurance of the vessel, in case of disaster. The basis for calculation of the scales and weightings is obtained from the official fishing statistics from the Ministry of agriculture, food and environment.

The amount of the aid to fishermen will consist of a compensation whose amount shall be determined in accordance with each regulatory order of aid.

Finally regulates 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 selection of vessels expected to be beneficiaries of the aid.

III on the other hand, aid for the temporary cessation of fishing activities are part of the measures of promotion of the competitiveness and the viability of the fisheries sector enterprises referred to in the regulation of the Fund European maritime and fishing. The inclusion of these aid in the field of competitiveness and viability of the enterprises in the fisheries sector represents a substantial change in the concept that these AIDS have had a previous regulations of AIDS to the fisheries sector, both the European Fisheries Fund and the financial instrument of fisheries guidance. From the entry into force of the framework regulated in the European Fund for maritime and fishing, they are not a direct measure of support for the management of fishing capacity or fishing effort into actions aimed at ensuring the viability of the sector when the fishing companies should undertake the temporary cessation of fishing activity.

The assumptions that may be aid linked to the temporary cessation of fishing activities are reduced significantly and such aid may be granted only if emergency measures are applied on the initiative of the Commission or of Spain, in application of articles 12 and 13, respectively, of the Regulation (EU) No. 1380 / 2013, the European Parliament and of the Council , December 11, 2013; conservation measures provided for in article 7 of that regulation, including biological rest periods; When provided in a management plan adopted pursuant to the Regulation (EC) No. 1967 / 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean sea or in a multi-year plan adopted pursuant to articles 9 and 10 of the Regulation (EU) No. 1380 / 2013, the European Parliament and the Council on December 11, 2013 , and, finally, in the event that a sustainable fisheries partnership agreement is not renewed or not renewed their protocols.

The concept of these AIDS makes necessary a management model different from the intended for aid for the permanent cessation of fishing activities; This model is adopted by agreement of Sectorial Conference of December 4, 2014. The management of the aid will fall on the Secretariat-General of fisheries when they are caused by the non-renewal of a fisheries agreement with a third country or its protocols or emergency by the Commission or national measures that affect more than one autonomous community. In the rest of the cases, the management is to the autonomous communities in whose ports lie vessels affected by the temporary suspension, although it is expected that the Secretary-General of fisheries to manage those other aid to be agreed at Sectorial Conference in a timely manner.

Another basic element this management model agreed in the aforementioned sectoral Conference refers to the principle of non-discrimination, on the applicable scales of assistance and the duration of it, between the different ports affected by a same temporary stop. To that end, the sectoral Conference agree, annually, stations that will be of help, heard working groups for fishing grounds which are constituted in the Secretariat-General of fisheries.

The financing of these stops will be borne by the Ministry of agriculture, food and environment. Annually, the sectoral Conference agree the distribution of funds among regions on the basis of temporary stops that, previously, it has been agreed to subsidize.

Excepted from the previous model, aid to fleets that operate exclusively in waters inside or that exercise, exclusively, the activity of shellfishing afloat or from a boat that will be managed and financed by the autonomous communities, as well as aid to vessels with a port in the autonomous community of the Basque country, which will be managed and financed by the administration.

Supports will be designed both to owners of fishing vessels affected by the stop, as to the fishermen enrolled in these boats. The amount of the aid to the first shall be calculated based on a scale established on the basis of sections of gross tonnage (GT) multiplied by the number of gross tonnage (GT) of the ship object of assistance and by the number of days of the stoppage, while the amount for the case of fishermen will be obtained from a maximum amount of EUR 45 multiplied by the number of days of stoppage.

These grants will be awarded on basis of competitive, the Royal Decree establishing the minimum criteria of evaluation, only apply to fishing vessels, to be included in the bases and calls for such aid. The criteria are based on the fishing activities of the vessel in the fishery subject of support, its inclusion in a plan of action relating to the balance of the fleet, as well as the dependence of the ship of the capture of a certain biological species, when the stop has been adopted with the aim of regulating the fishing effort for a particular species that is in situation of overexploitation or risk.

As conditions for the assistance, during the period of temporary stop all fishing activities carried out by the ship or the fishermen concerned must be suspended in fact, establishing the maximum duration of aid by this matter six months throughout the period 2014-2020 programming. On the other hand, object of the aid vessels must have carried out a fishing activity for at least 120 days at sea, two years prior to the date of applying for support, and fishermen must have served at sea at least 120 days during the same period of time on Board of the vessel affected by the temporary cessation.

Finally, establish the requirements enforceable aid applicants, both which refer to the ship as the specific for fishermen. Among these requirements, it should be expressly to the requirement that the object of the aid ship is idle and in port during the eligible period of temporary stop, as well as an obligation on the owner of the ship, have filed with the labour authorities corresponding communication from the commencement of the procedure of suspension of contracts.

In the elaboration of this Royal Decree has been consulted to the autonomous communities and the fishing industry.

By virtue, on the proposal of the Minister of agriculture, food and environment, with the prior approval of the Minister of finance and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of December 29, 2015, have: chapter I General rules article 1. Object.
This Royal Decree establishes the basic rules applicable in management of subsidies for permanent and temporary cessation of fishing activities, in accordance with the law 3/2001, 26 March, maritime fishing from the State, and the Regulation (EU) No. 508/2014, of the European Parliament and of the Council of 15 may 2014 relative to the European Fund for maritime and fisheries (FEMP) and that 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 and of the Council.

Article 2. Causes of inadmissibility of requests.

1 not eligible to the aid of the FEMP by final or temporary paralysis who are in any of the cases set out in article 10 of Regulation (EU) No. 508/2014, the European Parliament and the Council, on May 15, 2014, and for the period of time planned in implementation of the same.

In this sense, may not obtain aid who had been sanctioned by the impossibility of obtaining loans, grants or public aid, in accordance with the provisions of title V of law 3/2001, 26 March, and, where appropriate, by the legislation of the autonomous communities.

2. equally, may not access to aid those who are in any of the prohibitions to be regarded as beneficiary laid down in article 13 of law 38/2003 of 17 November, General grant.

Article 3. Aid intensity.

The aid intensity led to the suspension of fishing activity shall conform to the provisions of article 95 of Regulation (EU) No. 508/2014, the European Parliament and the Council, on May 15, 2014, being the contribution of the European maritime and fishing of 50% of the total amount of the aid calculated as set out in the present Royal Decree with the other 50% national contribution, in accordance with article 94.3 from regulation.

Chapter II permanent cessation of fishing activities article 4. It helps to the permanent cessation of fishing activities.

Support to the permanent cessation of fishing activities may be granted when such suspension is intended as an instrument of the plan of action is regulated in article 22.4 of the Regulation (EU) No. 1380 / 2013, the European Parliament and the Council, on December 11, 2013, indicating that the fleet segment is not balanced in an effective way with the fishing possibilities available to that segment and complies with the provisions laid down in the Regulation (EU) No. 508 / 2014, the European Parliament and Council on May 15, 2014, and, in particular, with regulated in its article 34.

The aid provided for in this chapter may be granted up to 31 December 2017.

Article 5. Beneficiaries.

They may be beneficiaries of aid for the permanent cessation of fishing activities: a) the owners of fishing vessels of ten or more years of age, who are registered as active and who have carried out a fishing activity for at least 90 days a year at sea, during the two years preceding the date of filing of the application.

(b) the fishermen who have served at sea for at least 90 days a year during the two years preceding the date of filing of the request for assistance on board a fishing vessel of the Union affected by the permanent cessation.

Article 6. General terms and conditions.

1. the permanent withdrawal will be materialized by the scrapping of the vessel.

2 as an exception to the provisions of the preceding paragraph, may be granted aid for the permanent cessation without any dismantling, provided that vessels are equipped for activities other than commercial fishing. In addition, and in order to preserve the maritime heritage, for traditional wooden ships, may grant aid provided that such vessels are maintained in land as equity.

3 90 days a year at sea of fishing activity required in the preceding article, must have been completed in the modality and grounds specified in each order of call.

4. salvage vessels shall not be subject to the final cessation aid, except in those cases in which the accident occurred after the date of notification of the decision of granting of the aid by permanent cessation by scrapping.

5. from the date in which favorable final resolution of granting of the aid is notified, fully suspend fishing, ship to location of temporary low and being annulled at the time licences and authorizations or fishing that had existing temporary permits (PTP). The suspension of fishing activity must demonstrate through the delivery of the role in the harbourmaster of the port at the time of the arrival to the same. The situation of temporary low becomes final at the moment in which materializes the scrapping and given low in the register of ships and shipping companies in accordance with article 62.3 of the Act 3/2001, 26 March. For ships that use the permanent withdrawal by the preparation for activities other than commercial fishing, the situation becomes definitive low at the time thereof change list from the third to any list, different from the fourth in the register of ships and shipping companies.

In any case, the situation of final low is prior to payment of the aid.

6. from the time of notification of the final decision of granting of the aid, the Secretary General of fisheries of the Ministry of agriculture, food and environment, as set out in articles 27 and 29 of the Act 3/2001, of March 26, will distribute all of the fishing opportunities, that can be transferred permanently , beneficiary ships of aid for permanent cessation of fishing activity.

In this sense, it refers to all of the possibilities of fishing which had originally assigned the ship. This reversal shall be final when the resolution of granting of the aid is robust. Otherwise, they will return to the applicant.

The fishing opportunities shall be distributed, according to what is stated in the rules governing the fisheries concerned.

7. the owners of fishing vessels that are beneficiaries of these grants shall be prohibited register a fishing vessel in the register of ships and shipping companies or in any other register of community or extra-Community Pavilion in the five years following the date of receipt of the aid.

In the event that the ownership of the property from beneficiary ships of aid falls on individuals, this restriction will be extended to relatives up to the second degree, as well as their participation in legal persons to be registered other vessels. Where it is a legal person, the restriction affect their members, who may not register a ship or participate in a society that is going to register it.

Article 7. Requirements to applicants for subsidies.

1 for obtaining aid to homeowners, shall meet the following requirements: to) that the ship belongs to the third list in the register of ships and shipping companies.

(b) that the ship is in a situation of high in the General Register of fleet fishing.

(c) be in possession of the license and fishing authorisations for modalities and fishing grounds designated in each call.

(d) be aware of their tax obligations and Social Security.

2 for obtaining aid, fishermen enrolled in a fishing vessel affected by the permanent cessation must meet the following requirements: to) include enlisted aboard one of Spanish fishing vessels affected by the permanent cessation of fishing activities.

b) demonstrate a period of trading on regime special the Security Social of the workers of sea of, at least, a year over their working life.

(c) be current in the payment of their tax obligations.

3. the above requirements may be supplemented with those specifically established in the corresponding orders of bases.

Article 8. Amount of aid for permanent cessation to the owners of fishing vessels.

1. the aid shall be constituted by the resulting amount apply the scale, more in their case, the eligible expenditure.

2. financial assistance materialized by the scrapping of the vessel. Scales and calculating the amount of aid.

(a) the scales for aid will be obtained from the historical value of the hull of the vessel for each segment of a type of fishing fleet, as set out in annex I of the present Royal Decree.

The purpose of these grants, Census of the ship will be which appears in the General registry of the fishing fleet at the end of the deadline for submission of applications for aid, which must be the same as that found in the General registry of the fishing fleet to the entry into force of this Royal Decree.

(b) the amount corresponding to each ship by means of the scale shall be calculated by multiplying the corresponding scale by the number of gross tonnage (GT) of the vessel subject to the freeze.
For these purposes, the number of gross tonnage (GT) shall be as set out in the boat seat sheet. For the calculation of the aid, not put the increases in gross tonnage (GT) consequence of modernization of housing works made pursuant to articles 9 and 10 of Regulation (EC) No. 1013 / 2010 Commission of November 10, 2010, whereby the rules of implementation of the policy of fishing fleets in the Union defined in chapter III of Regulation (EC) No. 2371 / 2002 of the Council , in the previous five years from the date of completion of the deadline for submission of aid applications.

(c) for vessels less than 18 metres in length, the scale will be increased by adding a correcting coefficient obtained from the mean value of the revenue collected by fisheries in the period 2011-2013, as set out in the said Annex I of the present Royal Decree. This coefficient shall be 50% of the average income for vessels of up to 12 metres in length and 20% for adults 12 and up to 18 meters.

(d) the cost of scrapping may be considered eligible in the quantity, percentage and conditions established in the bases.

(e) the beneficiaries of aid may freely dispose of equipment, arts and boat gear.

(f) the amount obtained from the sale of parts of the hull of the boat for scrap, when the profits from this sale be borne by the holder of the property of the ship will be reduced support.

(g) in the case provided for in article 6(4), the quantity perceived by the assurance of the hull of the ship, coming from insurance companies in case of loss of ships will be deducted from the amount of the aid.

3. aid for permanent cessation by the conditioning of the ship for activities other than commercial fishing. The scale and calculation of the aid will be made taking into account the following: a) the scales for aid will be obtained from the historical value of the vessel for each segment of a type of fishing fleet as set out in the annex II of the present Royal Decree.

(b) the amount corresponding to each ship by means of the scale shall be calculated by multiplying the corresponding scale by the number of gross tonnage (GT) of the vessel subject to the freeze.

4. in the cases set out in paragraphs 2 and 3 will it be deducted from the amount obtained by applying the method set out in the same, according to the pro rata temporis, the amount of aid received by the vessel in respect of temporary cessation, help young fishermen for the acquisition of its first fishing boat in accordance with provisions of article 31(2)(a) of Regulation (EU) No. 508/2014 European Parliament and Council on May 15, 2014, and investments on board or equipment of the ship received during the five years prior to the request for aid for permanent cessation.

Also will be deducted pro rata temporis, subsidies received by construction, project pilot or export, during the twelve years prior to the date of application of the aid.

Article 9. Amount of aid for permanent cessation to fishermen.

1. the fishermen affected by the permanent cessation in fact paralyzed all fishing activities, and beneficiaries provide proof of the effective cessation of activities from fishing to the competent authority.

2. the aid consist of compensation for those fishermen who have been working aboard a vessel affected by the permanent cessation and its individual amount shall be determined in accordance with each order of bases provided that in no case may not exceed per individual beneficiary twice the national minimum wage set at all times, on an annual basis.

3. the compensation be reimbursed pro rata temporis when a beneficiary fisherman's assistance to resume their 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 in the sea to which refers article 34.2 of the Regulation (EU) No. 508/2014, the European Parliament and the Council, on May 15, 2014, will be verified ex officio by vessel satellite (VMS) devices. In the case of vessels that had no obligation to carry on board installed such devices will be verified by on-board electronic journals (DEA).

In the case of ships that had no obligation to carry installed previous devices, the days of activity will be verified by the logbook.

For the other vessels having no obligation to carry installed aboard the mentioned devices or fill out the logbooks, activity shall be verified by the sales notes, always and when to maintain the concordance between day note sale and day of disembarkation or capture, as well as any other device, document or means allowing you to thoroughly check the days of activity at sea.

2. they shall be regarded as active ships, those who are in situation of high, provisional or definitive, in the General registry of the fishing fleet and fishing activity which have exercised during the year immediately prior to the aid application.

3. the ownership of the vessel will be credited by means of up-to-date certification from the Registrar stating the ownership of the vessel and the absence of charges and levies on the same.

4 in the case of scrapping, beneficiaries must prove to the competent authority in the management of grants that scrapping has materialized through the following documents: a) Declaration of the owner of the property of the ship on the destination that are going to give to desguazadas parts of the hull of the ship.

(b) public deed of the contract for scrapping with the shipyard showing broken down the actual cost of the dismantling. Also be included, where appropriate, the amount agreed by the value as scrap metal from the hull of the boat as well as other materials of the vessel (fishing gear and equipment, arts) that will be sold by the yard. The non-submission of the contract subscribed with the shipyard will result in the loss of the right to the payment of the grant.

(c) projects graphic report in which record date and time, included all phases of ship scrapping and the vessel is properly identified. The non-submission of these tests will result in the loss of the right to the payment of the grant.

(d) in the case of sale by owner desguazadas parts as scrap metal, bills of sale and the relevant payment documents. In the case that going to be retained, you can try through the purchase invoice or, failing that, through its expert valuation. These documents shall be submitted prior to the request for payment of the aid by the beneficiary.

e) in the case that the object of the aid boat has been declared damaged between the date of resolution of the granting of the aid and the date of disposal, the owner must present in his case, the supporting documentation of the amount received by the assurance of the hull of the ship, which will be reduced from the aid granted.

5 in the case of packaging for activities other than commercial fishing, beneficiaries must prove to the competent authority in the management of grants the permanent cessation of fishing activities through the following documents: a) descriptive report of activity that will be used for the fishing vessel and, if technical and business project.

(b) lower the third list of registration of vessels and, where appropriate, high on a list other than the fourth.

(c) supporting documents authorizations, licenses and permissions necessary to exercise the new activity or, in case of not having them, applications for such authorisations, licenses and permits that, in any case, must be submitted once obtained.

(d) graphic documentation of the different phases of reform of the ship and the acquired equipment to exercise the new activity.

6. in any case, documents showing the permanent cessation described may be complemented by any others that may be suitable and which will be established in the corresponding orders of bases.

Article 11. Processing of aid.

1. Requests for assistance shall be addressed to the Directorate General for fisheries management of the General Secretariat of fisheries.

2. the Directorate-General of fisheries management shall refer to the autonomous communities relate to requests for assistance submitted in each call so that, within the period of ten days, report on the same issue. If you do not receive response within such period may continue proceedings.

3. However, when the permanent cessation of the fleet whose sole activity is shellfish afloat or on board ship, and which operates exclusively in inland of the autonomous communities, as well as the aforementioned vessels with base port in the autonomous community of the Basque country, aid will be managed by the respective autonomous communities.

4. with respect to fleet with a home port in the Basque country, this autonomous community shall forward to the Secretary-General of fisheries relationship of aid applications for each call, which will be examined and reported in relation to its adaptation to the action plan. This report shall be binding.
Need not be referral to the Secretary General of fishing of the relationship of requests for examination and report, in the case of the fleet whose sole activity is shellfish afloat or on board ship, and which operates exclusively in inland community.

Chapter III temporary cessation of fishing activities article 12. It helps to the temporary cessation of fishing activities.

1 may be granted aid to the temporary cessation of fishing activities in the framework of the provisions laid down in the Regulation (EU) No. 508/2014, the European Parliament and Council on May 15, 2014, and, in particular, with regulated in its article 33, and when should be included in any of the following cases: a) in application of the measures of the Commission or the Member States emergency measures to refer articles 12 and 13, respectively, of the Regulation (EU) No. 1380 / 2013, of the European Parliament and the Council, December 11, 2013, or conservation measures referred to in article 7 of that regulation, including biological rest periods.

(b) in the case of non-renewal of agreements with third countries of sustainable fisheries or their protocols.

(c) when it is expected in a management plan adopted pursuant to the Regulation (EC) No. 1967 / 2006, Council, concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, or a multi-year plan adopted pursuant to articles 9 and 10 of the Regulation (EU) No. 1380 / 2013, the European Parliament and of the Council (, December 11, 2013, if, on the basis of scientific advice, a reduction of the fishing effort is needed to achieve the objectives referred to in article 2(2) and 5.a) of that regulation.

2. the aid for temporary cessation may be granted for a maximum period of six months by ship and fisherman, during the 2014-2020 the European Fund for maritime and fishing programming framework.

3. all fishing activities carried out by the fishing vessel or the fishermen concerned, must be suspended in fact.

It excludes, interruptions of the stops required for security reasons.

The competent fisheries administration in the management of grants shall establish measures to ensure that the fishing vessel concerned has ceased all activity during the period referred to in the temporary cessation subject to the minimum guarantees which are reflected in article 14.

4. the aid for temporary cessation shall be aid for permanent cessation. To these effects, at the time of submission of the application for aid for temporary cessation, must communicate, where appropriate, the request for aid for permanent cessation.

The granting of aid for temporary cessation shall be subject to the denial of aid for permanent cessation.

Article 13. Beneficiaries.

They may be beneficiaries of aid for the temporary cessation of fishing activities: 1. the owners of fishing vessels that are registered as active in the General registry of the fishing fleet and have carried out a fishing activity for at least 120 days at sea, during the two years preceding the date of submission of the aid application.

2. the fishermen who have worked in the 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 terms and conditions.

1 120 minimum days of fishing activity required in the preceding article, must have been made in the modality and grounds specified in each order of call.

2. during the period of stoppage, fishing inactivity must be total and the ship must remain in port during the entire computable stop, can not be dispatched to any activity and without necessary that port to match your port base. This circumstance it should be collecting in the role of office, which shall expressly indicate that ship enters port to initiate a temporary stop of the fishing activity, and equally, the day of departure indicate that the ship completes the temporary stop.

Exempt those boat movements motivated by reasons of security required by the competent authority and that they should be accredited and certified by that authority.

3. the days of activity in the sea to which refers article 33.3 from the Regulation (EU) No. 508/2014, of the European Parliament and of the Council, of 15 may 2014 will be verified through media and instruments set out in article 10(1). All vessels fitted with satellite tracking devices shall keep it on during the period of duration of the stop support object.

4. the suspension of fishing activity must demonstrate through the delivery of the role in the harbourmaster of the port at the time of his arrival, without prejudice to their subsequent verification through the devices referred to in the preceding paragraph.

Article 15. Requirements to help applicants.

1 for obtaining aid to shipowners, shall meet the following requirements: to) that the ship belongs to the third list in the register of ships and shipping companies.

(b) that the ship is in a situation of high in the General Register of fleet fishing.

(c) be in possession of the license and fishing authorisations for modalities and fishing grounds designated in each call.

The purpose of these grants, Census of the ship will be which appears in the General registry of the fishing fleet at the date of application for aid, which must be the same as that found in the General registry of the fishing fleet to the entry into force of this Royal Decree.

(d) be aware of their tax obligations and Social Security.

e) effects that fishermen of the vessel subject to temporary cessation are eligible for aid, justification that the shipowner of the ship has been submitted to the labour authorities the corresponding communication from the beginning of the procedure of suspension of the contract or reduction in working hours regulated in article 47 of the Statute of workers, by the total number of crew members enrolled in the boat , on the date of the last arribada port to start the stop, for the purposes of the decision to suspend work contracts or reduce the day.

2 to apply for aid, fishermen enrolled in a fishing vessel affected by the temporary cessation shall meet the following requirements: to) include enlisted aboard one of Spanish fishing vessels affected by the temporary cessation of fishing activities. Affected vessels shall be included in the list certified for that purpose by the General Secretariat of fisheries of the Ministry of agriculture, food and environment.

(b) be included in the procedure of suspension of contracts of employment or reduction in working hours.

(c) find themselves in the position in the Social Security and maintain uninterrupted employment with the company Assembly of the craft which were enrolled at the time of immobilisation of the fleet during the stop.

(d) demonstrate a contribution period in the regime special of the Security Social of the workers of the sea, at least twelve months over their working life.

(e) be current in the payment of their tax obligations and Social Security, in his case.

3. the above requirements may be supplemented with those specifically established in the corresponding orders of bases.

Article 16. Amount of aid.

1. the maximum amount of aid granted to the owners of vessels subject to temporary cessation shall be calculated by multiplying the applicable standards set out in annex III of the present Royal Decree, by the number of gross tonnage (GT) of the vessel and the days of stoppage.

For these purposes, the number of gross tonnage (GT) shall be as set out in the boat seat sheet.

The amount of the aid to fishermen will be calculated by multiplying a maximum of 45 euros per day of stop.

2. the duration of the computable period for calculation of aid for temporary cessation shall be equal for all ships affected by the stop, regardless of the base port.

Article 17. Evaluation criteria.

1 support for temporary cessation of fishing activities will be granted through the procedure of competitive, establishing, as a minimum, the following evaluation criteria: a) Inclusion of the ship whose owner requests help in a plan of action that is regulated in article 22.4 of the Regulation (EU) No. 1380 / 2013, the European Parliament and the Council on December 11, 2013.

(b) fishing by the vessel in the fishery subject to support. This activity according to the number of days that there will be established exercise it in such fishery during the two years immediately preceding the date of filing of the application.

(c) for those temporary stops targeting a species specific situation of overexploitation or risk, dependence on the ship of the catches of this species. Dependence is established according to the percentage of catches in tonnes of the species concerned, the value of the total commercial catch, the relative value of the species concerned on the total value, or a combination of the above, on the basis of the totals added in a given period of time.
2 the evaluation criteria set out in the preceding paragraph will be, at least 75% of the number of maximum points to be established in the corresponding orders of bases for the assessment of the applications submitted.

3. these evaluation criteria shall apply to fishing vessels who opt to aid, excluding its application to fishermen who will be entitled to apply for the aid to be included in the role of the vessel affected by the temporary cessation and comply with the other requirements.

Article 18. Management of grants.

1. the management of the aid for the temporary cessation of fishing activities for fleets affected by non-renewal of an agreement of collaboration for sustainable fisheries or the protocols thereto, or where the Commission emergency or national measures are taken whenever they affect more than one autonomous community, will correspond to the Secretary General of fisheries of the Ministry of agriculture Food and environment.

2. in other cases, they will be managed by the autonomous communities in whose ports lie vessels affected by the temporary cessation.

3. However, the Secretariat General for fisheries can manage aid for temporary cessation to be agreed in the corresponding sectoral Conference fishing.

Article 19. Financing of the aid.

1 stops temporary susceptible of receiving aid will be agreed by the sectoral Conference on fishing.

2. the working groups, consisting of representatives of the autonomous communities and the General Administration of the State, propose, heard the affected fisheries sector, temporary stops likely to get help, provided for in article 18.2 and 3, prioritizing them.

To this end, they shall make such proposals during the second and third quarter of the year before you come to materialize the aid.

However, in the case of an unforeseen circumstance that forces the closure of a fishery, the sectoral Conference may agree to the temporary cessation of fishing activities in the framework of the cases referred to in article 12 without prior proposal.

3. fleets whose sole activity is afloat or on board ship shellfish and which fish exclusively in the inland of the autonomous communities shall be managed and financed by these administrations.

4. equally, aid to vessels with port of base in the territory of the autonomous community of the Basque country, will be managed and financed by the community.

5. the national co-financing will be transferred to the autonomous communities through sectoral conference agreement with budgets of the Ministry of agriculture, food and environment.

This national cofinancing may be increased in addition, consent of the sectoral Conference, to support the management of temporary cessation by the autonomous communities, in a quantity that may not exceed 10% of the amount allocated to each region.

6. the Financial Plan of the General Administration of the State, prior agreement of the sectoral Conference, rescheduled, allocating European funds to the autonomous communities affected by temporary cessation. This reprogramming may be increased by an additional 10%, for the needs of management of the temporary stoppages.

First additional provision. Age of the vessel.

Purpose of the aid, the age of the ship will be the whole number defined as the difference between the year of the date of resolution of granting of a subsidy that is regulated in the present Royal Decree and the year of their entry into service, contained in the General registry of the fishing fleet.

Second additional provision. Special regime for temporary stoppages for periods of one day a week.

In the event that the temporary cessation of fishing activities is carried out by the cessation of activity for periods of one day a week, in addition to the mandatory rest days, will not apply the provisions of article 14.4.

In any case, the competent authority of the management of aid must provide proof of the inactivity of the ship which will be scheduled in advance through a plan for temporary cessation of fishing activities for the port or fleet which will accept this form of temporary cessation.

Sole transitional provision. Processing the files initiated under cover of the Real Decree 1549 / 2009, of 9 October, on management of the fisheries sector and adaptation to the European Fisheries Fund.

However provisions repealing provision, subsidies provided for in Royal Decree 1549 / 2009, of 9 October, on management of the fisheries sector and adaptation to the European Fisheries Fund may be dealt, as stipulated in article 129.2 of the Regulation (EU) No. 508/2014 of the European Parliament and of the Council on May 15, 2014, until December 31, 2015.

Sole repeal provision. Repeal legislation.

Chapters IV, V, VI, VII and VIII are hereby repealed, as well as the additional provisions first and third, and the first transitional provision of the Royal Decree 1549 / 2009, of 9 October, on management of the fisheries sector and adaptation to the European Fisheries Fund.

First final provision. Skill-related title.

This Royal Decree constitutes basic legislation of fisheries management, issued under cover of the provisions of article 149.1.19. ª of the Constitution. He is excepted from the above article 6.6, issued under the exclusive competence of the State marine fisheries, and article 17, which shall remain in force only for the aid managed by the General Administration of the State, in accordance with the provisions of article 149.1.19. ª of the Constitution.

Second final provision. Enabling legislation.

It empowers the Minister of agriculture, food and environment to amend annexes, as well as to enact the implementing rules which are necessary for the correct application of the provisions contained in the present Royal Decree.

Third final provision. Entry into force.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette".

Given in Madrid, on December 29, 2015.

PHILIP R.

The Minister of agriculture, food and environment, ISABEL GARCÍA TEJERINA annex I amount maximum of the premium. Strikes final category of ship by Eslora1 (m) art of fishing amount maximum of the premium at Euros (historical value of the hull *)

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