Having completed the process of updating the inscriptions of the ships provided for in Law 9/2007, of June 22, on regularization and updating of inscriptions of fishing vessels in the Register of Ships and Shipping companies and in the Census of the Operational Fishing Fleet, it has been proven that there is a significant number of vessels that have been excluded from their application because they have been subject to prior regularisation processes, as well as there are some difficulties in contributing the necessary casualties.

To remedy these situations has been published Law 35/2011 of 4 October, of shared ownership of the agricultural holdings, which in its additional provision fifth amends Law 3/2001, of March 26, of marine fishing of the State, adding a Title VI on the regularization of fishing vessels in the Census of the Operational Fishing Fleet and in the Register of Ships and Shipping Companies.

The aforementioned law in Article 112 empowers the Ministries of Agriculture, Food and the Environment, and the Ministry of Public Works, consulted the affected autonomous communities, to establish the administrative procedure for the processing and resolution of the regularisation provided for in Title VI of Law 3/2001 of 26 March.

In order to establish a common procedure throughout the national territory, the unified procedure for those requests for regularisation that were submitted in time is established by means of this royal decree. dealt with under Law 9/2007 of 22 June, and the cases of which were left to be paid for, or whose effectiveness was delayed until the time of the contribution of casualties.

In addition, it is a matter of providing a solution to those files that were submitted in time and were not admitted to processing or were dismissed under the provisions of Article 3 of the Law 9/2007, of June 22, by the that the regularisation of a fishing vessel could only take effect only once in the life of the vessel and that those vessels which had previously been regularised could not be eligible for the update.

And finally, it is a question of solving those regularisation files which submitted their application before 31 December 2007 and were not admitted to the process for being out of time, but which showed their intention of (a) to be subject to regularisation and which, as a result of imponderables of the necessary documentation, did so on dates close to the end of the period laid down.

By affecting several autonomous communities and including the treatment of subjects covered by the fisheries management bases, this royal decree is issued pursuant to the provisions of Article 149.1.19. the Constitution, which attributes to the State the competence of sea fishing, without prejudice to the competences that in the management of the fishing sector are attributed to the autonomous communities, and the competences on the merchant marine.

The autonomous communities of the littoral and the affected fishing sector have been consulted.

In its virtue, on the proposal of the Minister of Agriculture, Food and Environment and the Minister of Public Works, with the prior approval of the Minister of Finance and Public Administration, according to the State Council, and after deliberation by the Council of Ministers at its meeting on 13 July 2012,

DISPONGO:

Article 1. Object.

It is the object of this royal decree to establish the administrative procedure for the processing and resolution of the requests for regularization of the inscriptions of fishing vessels in the Register of Ships and Companies Shipping company, under the Ministry of Public Works, as well as in the Census of the Operational Fishing Fleet under the Ministry of Agriculture, Food and Environment, in accordance with the provisions of Title VI of Law 3/2001 of March 26, State Maritime Fisheries.

Article 2. Interested.

1. The owners or owners who have submitted the application for regularisation within the framework of Law 9/2007 of 22 June on regularisation and updating of inscriptions on fishing vessels may apply for regularisation. in the Register of Ships and Shipping Companies and in the Census of the Operating Fishing Fleet, but they were not admitted to processing or would have been dismissed pursuant to Article 3 of the said law.

2. This procedure shall also apply to the files which have been instructed and to be made available for low, or resolved, the effectiveness of which has been delayed until the moment of the contribution of casualties.

3. In addition, the owners or shipowners of vessels who have submitted their application for regularisation in accordance with the provisions of Law 9/2007 of 22 June 2007, before 31 December 2007, may apply for regularisation. admitted to processing for being out of time.

Article 3. Requests.

1. The interested parties shall direct the application to the competent organ of the autonomous community where they radiating the base port of the vessel within four months of the entry into force of this royal decree. After that period, the opportunity to apply for this regularisation shall be forfeited.

2. Those shipowners or owners of vessels included in the scope of this royal decree that do not apply for regularization will be given a provisional low in the Census of the Operational Fishing Fleet, according to the previewed Article 7, not being able to be dispatched for fishing activity.

3. Once the period referred to in paragraph 1 has been completed, the autonomous communities shall send to the Directorate-General for Fisheries Management, the Ministry of Agriculture, Food and the Environment, the list of vessels which, while being the owners or owners to apply for the regularisation in accordance with Title VI of Law 3/2001 of 26 March, have not submitted it, in order to proceed in accordance with paragraph 2.

Article 4. Instruction.

1. Regularisation files which were requested in time and were dealt with on the basis of Law 9/2007 of 22 June, instructed and pending the contribution of low fishing units to compensate for the increases in tonnage or power, or resolved whose effectiveness was delayed until the moment of the contribution of casualties:

Applications received, the competent authority of the autonomous community will verify that these correspond to the archived files and that all the documentation is complete and will produce a reasoned report on what where appropriate, within a maximum period of four months, according to the following points:

(a) The losses to be made will be applied again to the person concerned, giving him a period of four months for the contribution of the same, in accordance with the provisions of the basic State regulations on the management of the fishing sector. This procedure suspends the legal period for the resolution of the procedure.

(b) Whether the required casualties are provided or the time allowed and are not provided, the competent authority of the autonomous community shall forward the files and their reasoned report to the Directorate-General for Management Fisheries, which shall draw up the mandatory and binding report on the matters relating to the state competence in the field of sea fishing for each of the dossiers and return them to the autonomous community within two months.

2. Cases of regularization that were requested in time and were not admitted to processing or were dismissed, pursuant to Article 3 of Law 9/2007, of June 22.

Applications received, the competent authority of the autonomous community will check that it corresponds to the archived files and that all the documentation is complete. If necessary, the dossier shall be completed in accordance with the provisions of paragraph 3 of this Article, in respect of the report corresponding to the Maritime Capitania. The Autonomous Community shall draw up a reasoned report as appropriate, within a maximum period of four months.

(a) In the absence of the need for the contribution of casualties, the reasoned report and the copy of the application to the Directorate-General for Fisheries Management shall be forwarded for a mandatory and binding report on the related to the state competence in the field of sea fishing.

(b) Where there is a need to provide casualties, the person concerned shall be requested, giving him a period of four months for his contribution, in accordance with the rules laid down in the basic State rules governing the organisation of the fishing sector. This procedure suspends the legal maximum period for the resolution of the procedure.

(c) Whether the casualties are brought, as if the period granted and are not provided, the competent authority of the autonomous community shall transmit a copy of the application and documentation to the Directorate-General for Fisheries Management, to draw up the mandatory and binding report on the state of sea fishing for each of the dossiers and return them to the autonomous community within two months.

3. Regularisation files which submitted the application in accordance with the provisions of Law 9/2007 of 22 June 2007, before 31 December 2007 and were not admitted to the proceedings for being out of time.

a) The competent organ of the autonomous community will request from the Maritime Captaincy a mandatory report on the variations of the characteristics of the vessel with respect to the inscribed in the Register of Ships and Companies Shipping lines, referred to the hull material, the propellant power or the values of length, sleeve, strut or tonnage, as appropriate.

(b) The Maritime Captaincy shall determine the variations in existence and verify the navigability conditions of the vessels and inform the person concerned to make any such claims as it deems appropriate, giving him a time limit. of two months for its performance, during which time the procedure is suspended. The Maritime Captaincy within a maximum period of two months, will prepare its report and will proceed to its referral to the Autonomous Community. The total length of this procedure will be four months, from the reception of the request of the autonomous community.

It will not be necessary to recognize again those vessels that were previously and that are the record in the archives of the Maritime and District Capitanies.

(c) In the light of the report of the Maritime Captaincy, the competent authority of the Autonomous Community shall ask the owner or owner of the relevant casualties if necessary and the shipowner or owner shall be granted a period of four months to provide the same, in accordance with the provisions laid down in the basic State regulations for the management of the fisheries sector. This procedure suspends the legal maximum period for the resolution of the procedure.

(d) The Autonomous Community shall forward the regularisation file and its reasoned report to the Directorate-General for Fisheries Management, including the documentation of the casualties if its contribution has been necessary.

e) The Directorate-General for Fisheries Management within two months will issue its mandatory and binding report on the issues related to the state competence in the field of marine fisheries and will send it to the body competent of the Autonomous Community.

4. The following situations concerning engine powers shall apply to each of the assumptions developed in paragraphs 1, 2 and 3 above:

(a) The contribution of casualties shall not be necessary in cases having a unique and exclusive relationship with the regularisation of the engine power, in cases where the owner or owner reduces the power of the engine their vessel up to the one entered on the seat sheet or to the limits resulting from the application of the tolerances permitted in Article 111 of Law 3/2001 of 26 March, in case of outboard vessels as well as intra They are authorized by the Maritime Captaincy and the corresponding Autonomous Community.

(b) Where the maximum powers laid down in Article 5.4 of Royal Decree 1549/2009 of 9 October on fisheries management and adaptation to the European Fisheries Fund are exceeded, the shipowners or owners, must reduce the power of the engines up to these limits and, where appropriate, provide the necessary casualties to cover the difference in power up to the score, applying the tolerances permitted by Article 111 of Law 3/2001, March 26.

Article 5. Resolution.

The competent body of the autonomous community, once the mandatory and binding report of the Directorate General of Fisheries Management has been received, within the maximum period of four months will dictate and notify its resolution to the person concerned. In the same period, it shall forward the dossier and the resolution to the Maritime Capitania.

(a) In the files which have been provided the casualties necessary for their regularisation and those others where the contribution of casualties is not necessary, being within the limits of the tolerances laid down in the law, favourable resolution will be given.

(b) In cases where the shipowners or owners have not submitted any losses or have not exceeded the process of regularisation, an unfavourable resolution shall be issued and the actual characteristics of the case shall be entered in the records and it will also be noted that these vessels will not be able to receive any kind of public aid, nor will they be provided as low in any case during their useful life, at the end of which they will have to be scrapped without any subsidies, according to the provisions In Article 111.5 of Law 3/2001, of 26 March.

In the resolution, it will be included that the owner or owner will be able to lift the mentioned limitations when the relevant casualties are provided.

The duration of the maximum period of eighteen months without the independent community having notified the person concerned of the final decision of the regularisation procedure shall determine that the application, in accordance with the provisions of the Additional sixth of Law 3/2001, of 26 March, shall be deemed to be dismissed by administrative silence.

Article 6. Update of the registration in the Register of Ships and Shipping Companies.

The Maritime Captaincy, in view of the resolution of the autonomous community regarding its competence on the management of the fishing sector, will resolve on the annotation of the update of the characteristics of the ship in the Register of Ships and Shipping Companies, within two months from the receipt of the resolution of the Autonomous Community and will communicate it to the aforementioned Autonomous Community and to the Directorate General of Fisheries Management.

The Directorate General of Fisheries Management, in view of the resolutions of the Autonomous Community and the Maritime Capitania, will modify the Census of the Operational Fishing Fleet updating the characteristics, making them coincide with which they appear in the Register of Ships and Shipping Companies, and shall record the restrictions if there is a place within two months.

Article 7. High or low in the Census of the Operational Fishing Fleet.

1. Vessel owners who were included in the Register of Ships and Shipping Companies and were not included in the Census of the Operational Fishing Fleet and who would have been subject to regularization, must request their registration in the Census, in accordance with the APA/320/2008 Order of 6 February, establishing the procedure for the inclusion in the Census of the Fishing Fleet of the Spanish fishing vessels subject to regularisation under Law 9/2007, of 22 June, on Regularization and Updating of Fishing Boat Inscriptions on the the registration of shipping and shipping companies and the census of the operational fishing fleet, within the maximum period of four months, on the basis of the notification of the decision of the autonomous community referred to in Article 5.

High in the Census of the Operational Fishing Fleet is a necessary requirement to authorize the exercise of fishing activity.

2. In accordance with the provisions of Article 3, the administrative procedure shall be initiated on its own initiative with the communication of the autonomous community; the Directorate-General for Fisheries Management shall give the shipowner or the owner of the vessel so that within 15 days it will abide by what is at its right. In the light of the allegations, the decision shall be delivered and notified within four months. If the provisional discharge in the Census of the Operational Fishing Fleet is agreed, the vessel may not be authorized for the exercise of the fishing activity. In all that not foreseen in this royal decree will be applied with extra character the provisions of Royal Decree 1549/2009, of October 9.

3. However, these vessels may be reactivated in the Census of the Operational Fishing Fleet, contributing the corresponding losses in the period and conditions provided for in Royal Decree 1549/2009 of 9 October, without the application of the tolerances laid down in Article 111 of Law 3/2001 of 26 March.

Additional disposition first. Annotations on the Seat Sheet.

In the procedure that is regulated in this royal decree, the data of departure for the regularization of the vessels will be those that appear in the original sheet of seat. Where there are subsequent amendments affecting the main characteristics of the vessel and which are duly authorised by the competent authority, the latter shall be taken into account, provided that these procedures are completed and annotated in a seat sheet, in accordance with the legislation on fisheries management.

Additional provision second. Low input to override limitations.

Shipowners or owners of vessels noted with their actual characteristics in the records for not having contributed the corresponding casualties, may lift such limitations when they provide the relevant casualties and it has been recognised, after the completion of the procedure referred to in Article 5.

In any event, no higher powers than those set out in Article 5.4 of Royal Decree 1549/2009 of 9 October may be entered in the records.

Final disposition first. Competence title.

This royal decree is dictated by state competence in the field of management of the fisheries sector, in accordance with the provisions of Article 149.1.19. of the Constitution.

However, references to the competencies of the Ministry of Food and Environment, and to the Census of the Operational Fishing Fleet, are covered by the title of Article 149.1.19. which attributes competence to the State in the field of sea fishing.

Also references to the competences of the Maritime Capitanies and to the Registry of Ships and Shipping Companies, are dictated in the exercise of the state competence in the field of merchant marine and flag of ships, under cover of the provisions of Article 149.1.20. of the Spanish Constitution.

Final disposition second. Regulatory and application development faculty.

The Ministers of Agriculture, Food and the Environment and the Environment are empowered, in the field of their respective competences, to dictate how many provisions are necessary for the development and implementation of this real 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, July 13, 2012.

JOHN CARLOS R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON