Law 3/2001, of 26 March, of Maritime Fisheries of the State, in its Title II, establishes the basic regulations of management of the fishing sector whose development is addressed in this royal decree, in those aspects that are affected by the recent reform of the Common Fisheries Policy.

Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund sets out new objectives for the common fisheries policy for the period 2007 to 2013, regulating the activities of the European Fisheries Fund. conservation, management and exploitation of living aquatic resources, provided that such activities are carried out by Community or national fishing vessels of the Member States, with the specific aim of promoting a balance sustainable and sustainable between the resources and the fishing capacity of the fleet. The measures are aimed at improving safety on board ships, working conditions, hygiene, product quality, energy performance and selectivity, including changing engines for other types of equipment. power.

Furthermore, Commission Regulation (EC) No 498/2007 of 26 March 2007 laying down detailed rules for the application of Regulation (EC) No 1198/2006 sets out the parameters for the preparation of the programmes. operations and methods of the calculations of aid and fishing measures, inter alia.

The Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fishery resources under the common fisheries policy provides for a specific regulation. for the construction of fishing vessels and other management measures, some of whose aid was extinguished by 31 December 2004.

Council Regulation (EC) No 744/2008 of 24 July 2008 establishing a temporary specific action to promote the restructuring of the fishing fleets of the European Union affected by the crisis It lays down additional and exceptional measures to Regulation (EC) No 1198/2006 and Regulation (EC) No 2371/2002.

On the occasion of the adaptation to the above Community Regulations and taking into account the National Strategic Plan of the European Fisheries Fund and Commission Decision C (2007) 6615 of 13 December 2007, approves the operational programme for the Community intervention of the European Fisheries Fund for the 2007-2013 programming period (both instruments have been published on the following websites: http://ec.europa.eu/fisheries/cfp/structural_measures/pdf/NSP_ES.pdf, http://ec.europa.eu/fisheries/cfp/structural_measures/operational_programmes_es.htm, http://ec.europa.eu/fisheries/cfp/structural_measures/operational_programmes_es.htm, and www.mapa.es/pesca/pags/Programa_fep/ProgramaOperativo.pdf) it is necessary to adapt the measures of basic planning in the field of construction and modernization of fishing vessels, as well as the adjustment of the fleet's capacity for temporary cessation and permanent cessation of fishing, small-scale coastal fishing, pilot projects for experimental fishing, collective actions aimed at to carry out feasibility studies for the promotion of fishing enterprises in third countries, and the socio-economic measures applicable to the restructuring of the fleet.

The regulation of the Census of the Operational Fishing Fleet is updated, which is carried out by the General Secretariat of the Sea.

This, however, is the Community Regulations mentioned above together with Commission Regulation (EC) No 736/2008 of 22 July 2008 on the application of Articles 87 and 88 of the Treaty to aid State aid granted to small and medium-sized enterprises engaged in the production, processing and marketing of fishery products and with the Operational Programme approved by Commission Decision C6615, the instruments as a whole regulate the management of the fisheries sector and adapt to the European Fisheries Fund, This royal decree to ensure the necessary adequacy of the internal rules to the Community system and the operational program. In short, this royal decree is one more piece of the legal system for the management of the fisheries sector and is adapted to the European Fisheries Fund, which does not exclude, on the contrary, the full application of these provisions. Community Regulations and the Spanish Operational Programme, as long as they are not subject to amendment. As a result, both the aid to women and the rest of the aid provided for in the operational programme and the limit laid down by Commission Regulation (EC) No 736/2008 are not to be applied in this sector. are governed by this royal decree, but by those rules and programs.

In a specific way, Chapter I sets the object of the royal decree describing the scopes of application.

Chapter II sets out the requirements for the renewal of the fishing fleet, the conditions to be met by the low-paid for a new construction, the materialisation of the fleet, the contribution of additional casualties, and the non-contributors, the power of the engines, the processing of the applications for the construction authorization, and the competent authority for the management of the autonomous communities, without prejudice to the favourable report must issue the Ministry of Environment, and Rural and Marine Environment.

Chapter III provides for investments on board fishing vessels with the rules of management concerning the requirements for authorisation, the contribution of casualties, the modernisation of the main deck, the Regulation (EU) No No 1 of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council Environment, and Rural and Marine Environment.

Chapter IV refers to the adjustment of fishing efforts, regulating the permanent cessation and temporary cessation of fishing activities in terms of management measures.

Chapter V regulates small-scale coastal fishing, which is carried out by fishing vessels with a total length of less than 12 metres, and which do not use the towed gear.

Chapter VI refers to pilot pilot fishing projects, aimed at evaluating a new technology or a fisheries management plan, excluding exploratory fishing and which has a direct commercial character.

Chapter VII refers to collective actions and in particular to conduct feasibility studies for the promotion of fishing enterprises in third countries (joint ventures).

Chapter VIII provides for the socio-economic measures which may be granted to fishermen affected by the changes in fishing activity, establishing non-renewable aid for the permanent cessation of the vessel, for diversification and recycling, early exit from the fishing or pre-retirement sector and for fishermen under the age of 40 for the purchase of the first vessel.

Chapter IX addresses the update of the Operational Fishing Fleet Census with the description of what is operational vessel, the reactivations, the ups and downs, the coordination of the records and changes of ownership.

As annexes, documents and models are joined for the provisional discharge in the Census of the Operational Fishing Fleet of new construction, import or other vessels from another list and the census notebook.

Autonomous communities and representative entities in the fisheries sector have been consulted.

This royal decree is dictated by the power conferred on the Government in the final provision of Law 3/2001, of March 26, of Maritime Fisheries of the State.

In its virtue, on the proposal of the Minister of the Environment, and the Rural and Marine Environment, with the prior approval of the First Vice President of the Government and Minister of the Presidency, according to the report of the State Council and after deliberation by the Council of Ministers at its meeting on 9 October 2009,

DISPONGO:

CHAPTER I

General rules

Article 1. Object.

1. This royal decree lays down the basic rules of management applicable to the renewal and modernization of fishing vessels, the adjustment of fishing efforts, concerning the temporary and permanent cessation of fishing activities, fishing (a) small and medium-scale coastal fishing, pilot projects for experimental fishing, collective actions, in particular the feasibility studies of fishing enterprises in third countries, socio-economic measures coupled with changes in the fishing fleet, and as the general requirements governing the Census of the Operational Fishing Fleet, taking into account Council Regulation (EC) No 32001 of 26 March 2001 on the European Fisheries Fund (EFF) and Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund (EFF) and Regulation (EC) No 498/2007 of 26 March 2007 establishing the detailed rules for the application of the previous Regulation.

2. The measures outlined in this royal decree will be developed through the guarantee of compliance with recovery plans, as well as a correct financial management of public funds, in accordance with the Spanish Operational Programme 2007-2013, approved by Decision of the Commission of the European Communities C/2007/6615 of 13 December 2007.

Public aid for the activities covered by this royal decree, except those of Chapter II, are those provided for in the Spanish Operational Programme cited.

3. The provisions of this Royal Decree shall be without prejudice to the direct application of the Community Regulations referred to in paragraph 1 and of Commission Regulation (EC) No 736/2008 of 22 July 2008 on the application of Articles 87 and 88 of the Treaty on State aid granted to small and medium-sized enterprises engaged in the production, processing and marketing of fishery products, as well as the operational programme referred to in the previous paragraph in any case where it is regulated and provided for therein is not affected or regulated by the actual present decree, applying those to measures, including aid to women, which are not subject to regulation in the present royal decree.

CHAPTER II

Building the fleet

Section 1. Ordering Rules

Article 2. Authorization.

The construction of fishing vessels may be authorised in accordance with the rules of management laid down in this royal decree, without prejudice to the powers of the Ministry of Development in the field of ship safety.

No aid shall be granted for the construction of fishing vessels under the EFF.

Article 3. Conditions of the casualties.

All fishing authorisations for fishing vessels to be registered in the list third of the Register of Ships and Shipping Companies shall require the unit to be constructed to replace one or more operational vessels provided as low, and provided the following conditions are met:

(a) That the fishing vessel contributed as low or low, is registered in the List third of the Register of Ships and Shipping Companies, which is listed as high in the Census of the Operational Fishing Fleet and that it is free of charge and charges.

b) For the construction of new units of the fishing fleet in gross tonnage (GT) power (kW), the new capacity entry in the fleet will be compensated by the previous withdrawal without public aid of at least the same capacity; in any case, the fishing fleet capacity entry/exit scheme shall be in accordance with Article 13 of Council Regulation (EC) No 2371/2002 of 20 December 2002.

c) That the contribution of casualties is per complete unit, with the entire vessel being fully understood and the fishing licence attached to it, so no vessel to be replaced can be applied as low for the construction of more than one vessel.

This limitation will not be required when one or more shipowners decide to jointly build two or more vessels of the same mode and census.

This must be met with the requirement that the number of ships to be constructed be equal to or less than the number of ships contributed as low, and that the proportion of the tonnage between the largest and the lowest of the casualties provided maintain, as appropriate, any of the following proportions:

1. º When the lowest tonnage is greater than or equal to 100 GT, the ratio must not be greater than 3.

2. º When the lowest tonnage is less than 100 GT and greater than 10 GT, the ratio must not be greater than 4.

3. º When the lowest tonnage is equal to or less than 10 GT, it will not be subject to proportion.

(d) The vessel or vessels provided as low shall have exercised the fishing activity for a minimum of 120 days in the 12 months immediately preceding the date of commencement of the construction dossier or, where appropriate, the the date of submission of the documentation of the discharge to the competent body of the autonomous community, which shall be incorporated in the said dossier. In the event that the fishing vessel contributed as low has been discharged by reactivation in the Census of the Operational Fishing Fleet, it must have been reactivated for at least two years and with fishing activity during that period, without prejudice of the 120 days of activity mentioned above.

Exceptionally and for those fleets subject to limited fishing quotas, under the cover of international fisheries agreements, which do not allow the 120 days of activity required in the preceding paragraph to be attained, they must prove have carried out a minimum activity of 60 days in each of the two years preceding the presentation of the casualties, in accordance with the conditions laid down in this Article.

It is exempted from the requirement to have exercised the said fishing activity to vessels which, as a result of international fisheries agreements or agreements, have paralyzed their activity or have been discharged in the census. corresponding.

The operational fishing vessels lost definitively by accident shall also be exempted from that requirement, in which case the corresponding rights of absence shall be valid for 12 months from the day on which they are (a) it has produced the claim or, where appropriate, from the date of finality of the judicial decision declaring the date of the sinking or the ownership of the sunken vessel, where they are the subject of dispute. In any event, the vessel must have exercised the fishing activity 120 days in the 12 months prior to the date of the accident.

e) In any case, the contribution of a ship for a new construction shall be recorded in the seat sheet of that vessel and shall be carried out in a complete manner by means of a low commitment, in which the contributor of the vessel is committed to discharge the vessel in the Census of the Operational Fishing Fleet and to initiate the relevant file to materialize such a discharge in the forms described in Article 6, when the new construction enters into service. The aforementioned low commitment does not in itself presuppose the start of the case.

(f) The low commitment shall be made in the original document and once by the owner of the fishing vessel to be replaced, to the competent authority of the central or regional administration, and is the one for which the it commits the owner to the immobilisation and scrapping of the same at the time of the entry into service of the new unit. Where the applicant is not a registrant of the ship provided as low, the transfer of the rights of the vessel to be replaced in favour of the applicant for the new construction shall be included in that document.

g) Such a commitment, once accepted by the competent administration, will be sent to the Registry of Ships and Shipping Companies for the purpose of the vessel's seat sheet.

Article 4. Source of the casualties based on the mode.

When censuses of vessels have been established for certain fishing grounds and modalities and a vessel is intended to be constructed for inclusion in one of them, at least 90% of the gross tonnage (GT) and power (KW) of the vessels They must be at least as low as they must be, without prejudice to the most stringent requirements which the specific rules governing the particular modality and fishing grounds may contain.

Article 5. Power of the engines.

1. The power of a fishing vessel shall mean the maximum brake power measured at the output of the propellant engine (BHP power), accredited by the certificates issued by an organisation recognised and authorised by the Ministry of Promotion, as a result of the bench testing of each model and type of engine untraborda; in the case of outboard engines, the power measurement and declaration shall be in accordance with the UNE EN ISO 8665 standard.

2. A limit of 20 per cent of the maximum recognised power for the corresponding model and engine type to be installed on the new unit may be accepted.

3. The tarado of the outboard engines is expressly prohibited.

4. The engines of vessels up to 12 metres in overall length, newly constructed and those installed by modernisation works, shall have the maximum continuous power constraints on the bench (BHP) on the basis of their overall length, which are indicated then:

	Craft and Percebe
to 4 meters	45
to 5 meters	50
to 6 meters	65
to 7 meters	80
to 8 meters	110
up to 9 meters	140
to 10 meters	180
to 11 meters	220
up to 12 meters	270

Article 6. Materialization of the casualties.

1. For the purposes of materialization of the units provided for the construction of new fishing vessels, the scrapping, the replacement of the scrapping, the final export, the corresponding change of flag and the change of list.

Scrapping and substitutations and export will require prior reporting by the Ministry of Environment's General Secretariat of the Sea, and the Rural and Marine Environment.

2. The scrapping replacement shall be authorised exclusively for wooden vessels which comply with the requirements laid down by the rules in force, and shall be completed in the places duly established by the competent authority.

Exceptionally, the autonomous community in which the vessel has its base may authorise the discharge in the third list to be carried out by a procedure other than the scrapping or replacement of scrapping, where the vessel is For cultural, ornamental or recreational purposes, wherever your location is out of the water, the impossibility of returning to activities is assured. This decision will be made by the autonomous community in the knowledge of the Ministry of the Environment, and the Rural and Marine Environment, within 30 days.

3. In the case of definitive export to a third country, the following conditions must be met:

(a) The person concerned undertakes to carry out the export of the vessel to a third country, excluding those referred to in Article 1 of Royal Decree No 1080/1991 of 5 July fixing the countries and territories to the that a certain tax rate is attributed to tax benefits.

(b) The acquirer of the exported vessel has a valid licence for fishing in the exclusive economic zone (EEZ) of a third country with economically exploitable marine resources.

4. It may also be accepted that the materialisation of the discharge provided for the construction of a fishing vessel is carried out for the purposes of the list, with the exception of the fourth list and the seventh list, provided that ownership is transferred to a non-animating entity. for profit. The document certifying the transmission to be provided by the applicant shall contain a clause whereby the acquirer undertakes not to transmit the new vessel or to re-engage in extractive fishing. When the decline occurs, this data will be recorded in the new seat sheet of the Ship and Shipping Companies Registry, and will cause low in the Census of the Operational Fishing Fleet; to this end it will be necessary to record this materialization in the construction resolution and requesting the list change.

5. The acquiring institution may not change it to the fourth and seventh list, or give its use to another activity other than the entity's own activity.

Article 7. Contribution of additional casualties.

In the event that the tonnage and/or power of the newly built ship is greater than the projected and authorized tonnage, it will result in the obligation to provide casualties that cover the increase in tonnage and/or power performed on the vessel. authorized, under the conditions that are regulated in this royal decree.

Article 8. First dispatch to exercise fishing.

It will be an essential requirement to authorize the first dispatch for the sea of the new ship that is located in the Census of the Operational Fishing Fleet.

Article 9. Non-contributing vessels as low.

1. Vessels subject to permanent cessation of fishing activities may in no case be used as a casualty in order to access new construction or modernisation works.

2. Vessels which have been the subject of modernisation or construction aid may not be provided as a discharge for modernisation or new construction until at least five or ten years have elapsed since the completion of the works. or from the entry into service of the new construction, respectively, unless the new shipowners guarantee sufficiently by means of bank guarantee the repayment of the aid or its effective recovery at the time of the entry into service of the the new unit or the completion date of the modernization.

3. The amount to be covered by the guarantee shall be calculated initially by reducing the 'pro rata temporis' aid from the date of completion of the said works or from the entry into service of the new vessel, up to the date of submission of the discharge.

4. Upon entry into service of the vessel for which the discharge has been provided with guarantee of bank guarantee or the date of completion of the modernization works, the return of the corresponding part of the aid shall be made effective by ascending its amount to the amount corresponding to that date "prorrata temporis", at which time the bank guarantee shall be returned in deposit.

5. The above shall not apply to vessels which have been permanently lost in accident.

Article 10. Casualties in other assumptions.

1. The mandatory contribution of equivalent casualties under the conditions laid down in this royal decree will also apply to the alleged importation of fishing vessels, as well as to the high number of vessels in the third vessel list. from other lists of the Register of Ships and Shipping Companies, and those vessels that, being of permanent low in the Census of the Operational Fishing Fleet, request their reinstatement.

2. In these cases, the provisions of Royal Decree 1027/1989 of 28 July 1989 on the flag, registration of ships and maritime registration shall apply.

3. For imported ships the rules contained in Chapter II of this royal decree will apply.

Article 11. Adequacy to the site.

In addition to the conditions laid down in this royal decree, to authorize the construction, import and discharge of the third list, or the inclusion in the third list of fishing vessels intended to be included in a certain fishing grounds, census and fishing modality shall be required to comply with the requirements of the specific rules for such fishing, census and modality.

Article 12. Ships from the fourth list.

In ship building authorizations to be recorded in the fourth list of the Ship and Ship Registry Register, no equivalent low tonnage or power equivalent shall be required and applicants shall have a licence or administrative permission to carry out aquaculture activities, marine crops, estabulation of marine species, or to be owners of fishing vessels in the form of encirclement that require auxiliary vessels for their activity.

Section 2. Th Fulfillment of build authorization requests

Article 13. Processing of requests.

1. Applications for new construction authorisation shall be addressed to the competent authority of the autonomous community where the vessel is to have its base port.

2. The autonomous community shall process the construction applications, applying the basic State regulations, once revised and accepted, shall transmit the complete files to the Ministry of the Environment, and the Rural and Marine Environment, so that it may proceed to its analysis and issue of the mandatory report on the aspects related to its competence.

The favorable report will have an 18-month validity period within which the construction of the ship will begin. After the period of validity, the initiation of a new file shall be required.

3. The newly built ship must enter into service before three years, counted from the start of the same.

Article 14. Cancellation and modification of the file.

A change in the construction file for a vessel shall be considered and therefore require the initiation of a new file where there are modifications of the vessel's length, sleeve, strut, tonnage and power characteristics. in more than 20 per cent, where there are changes in the principal discharge, where there is change of hull material, as well as when there is an implicit change of census and/or mode or change of owner and/or owner.

Article 15. Change of headline.

1. Where the construction has been initiated and the owner and/or owner cannot be brought to an end by any circumstances, the change of holder shall be accepted, provided that there is a public deed of sale to another owner and/or owner.

2. The change of ownership shall also be permitted where it is the result of the death of the owner.

Article 16. Competent body.

1. Taking into account the favourable report referred to in Article 13.2, the autonomous community shall decide on the construction file. In accordance with Article 62 of Royal Decree 1027/1989 of 28 July 1989 on the flag, registration of ships and maritime registration, the authorization to build the autonomous community shall be prior to the authorization of the corresponds, in the field of its competences, to the Ministry of Public Works.

2. The authorization for the construction of the autonomous community will be communicated by the interested party, the Ministry of the Environment, and the Rural and Marine Environment and the Ministry of Public Works.

CHAPTER III

Modernizations on board fishing vessels and selectivity

Section 1. Ordering Rules

Article 17. Authorization.

Works for the modernisation and equipment of fishing vessels, including engine changes, may be authorised in accordance with the rules of management laid down in this royal decree, without prejudice to the powers of the of the Ministry of Development in the field of ship safety.

Article 18. Requirements for authorization.

For the authorization of modernization works and equipment of fishing vessels it will be essential that ships are included in the Census of the Operational Fishing Fleet.

Article 19. Low input.

To authorize the modernization and equipment of vessels of the third list of the Registry of Ships and Shipping Companies, which assume increases of tonnage or power, they will have to contribute casualties of ships from the third list duly registered in the Census of the Operational Fishing Fleet, in the terms set out in Chapter II of this royal decree.

Article 20. Modernization over main deck.

Modernisation works may be authorised on the main deck of ships which are five years or more in existence, without the need to provide equivalent casualties in the event of an increase in tonnage, the following conditions are met:

a) That an increase in tonnage for the same purpose has not been previously granted.

(b) The vessel is in length equal to or greater than 15 metres.

(c) The increase in tonnage is due to modernisation works aimed at improving the safety on board, working conditions, hygiene and quality of products, and does not increase the vessel's catch capacity.

(d) Do not lead to an increase in the additional volume of fish or fishing gear.

Article 21. Conditions for the engine change.

1. The conditions for the contribution of casualties shall be the same as those laid down in the rules for the construction of vessels.

2. For the purposes of authorisation of motor change, the maximum power and tarado conditions for new buildings shall apply, as laid down in Article 5 of this royal decree, and the rules laid down in Article 25 of Regulation (EC) No 1198/2006. Council of 27 July 2006.

Article 22. Engines outboard.

Engine changes outboard fishing vessels shall comply with the following requirements:

(a) When in the Register of Ships and Shipping Companies, the former engine outboard is disassembled or discharged, the installation of a new outboard engine will require the input of low power equivalents that is intended to be installed. Where the alternative use of two outboard engines is authorised on a ship, both engines may be replaced by a new outboard engine which in no case may have a power exceeding the power of the largest replaced engine.

(b) In any case, the maximum power of an outboard engine shall be in accordance with the provisions of Article 5.

c) It is expressly prohibited from outboard engines.

Article 23. Adequacy to the site.

In the works involving a change of census, fishing grounds or fishing modality of the vessels, after completion of the work, these must comply with the specific regulations of the new census, fishing grounds and modality.

Article 24. Ships from the fourth list.

The authorizations for modernization and equipment of the vessels listed in the fourth list in the Register of Ships and Shipping Companies shall not require the contribution of equivalent casualties in tonnage or power.

Section 2. First processing of applications for modernization and equipment

Article 25. Requests.

Applications for the authorisation of modernisation and equipment shall be addressed to the competent authority of the autonomous community where the base port of the vessel is located.

Article 26. Processing of requests.

The Autonomous Community, in accordance with the provisions of Article 60 of Law 3/2001, of March 26, will process these applications by applying the basic State regulations and will transmit the accepted files to the Ministry of the Environment. Environment, and Rural and Marine Environment, for the analysis and issuance of the mandatory report, on aspects related to the state competence in those works involving a change of census, fishing grounds or modality or involving structural changes in the ship, including in these engine changes, both intraborda and outboard.

Article 27. Period of validity of the report.

The favourable report referred to in the previous article will have an 18-month validity period within which the reform works must have been initiated, which must be completed within the following 18 months.

Article 28. Competent body.

The autonomous community, in the light of the report issued by the Ministry of the Environment, and the Rural and Marine Environment, of the base port of the vessel, will resolve the dossiers for modernization and equipment in the area of its competence. Granted the appropriate authorization, the autonomous community shall notify the interested party, the Ministry of the Environment, and the Rural and Marine Environment and the Ministry of Public Works, for the purposes of Article 62 of Royal Decree 1027/1998, of 28 July, on flag-bearer, vessel registration and maritime registration.

CHAPTER IV

Adjustment of fishing efforts

Article 29. Object.

For the improvement and conservation of fishery resources and the limitation of fishing effort in external waters, measures of permanent cessation and temporary cessation of the Fishing Fleet will be adopted.

Article 30. Permanent cessation.

The definitive stoppages can only be carried out on ships more than ten years old and the activity of these will be totally suspended, the license will be cancelled, and the decrease in the Census of the Fishing Fleet will occur. Operational and in the Register of Ships and Shipping Companies.

Article 31. Objective criteria for the granting of aid.

1. Aid shall be granted for permanent cessation of fishing activities provided that such cessation is part of a fishing effort adjustment plan referred to in Article 21 (a) and (d) of Regulation (EC) No 1198/2006. Council of 27 July 2006.

2. Aid applications shall be addressed to the competent authority of the autonomous community where the base port of the vessel is located.

3. The Autonomous Communities shall regularly send to the Ministry of the Environment, and the Rural and Marine Environment, the list of applications for permanent cessation aid which comply with Council Regulation (EC) No 1198/2006, of 27 July 2006, in order to ensure that the General Secretariat of the Sea and the competent bodies of the autonomous communities proceed jointly to examine the adaptation of the prioritized proposals, to the achievement of the objectives of the reduction of the fishing effort for the fishing fleet, to the needs of eliminating fishing modalities (a) selective and included in recovery plans or urgent measures for the adjustment of fishing effort, and to address the problems raised by international fisheries agreements. Once an agreement has been reached on the above proposals, the autonomous communities will proceed to the final selection of the applications.

4. It shall be for the autonomous communities to carry out the resolution and payment of the corresponding aid.

5. By way of derogation from the point above, where the permanent cessation is due to a suspension of an international fisheries agreement, or takes place within the framework of management plans, recovery or emergency measures on a fishery, established by the European Union and affecting several autonomous communities, may, the Ministry of the Environment, and the Rural and Marine Environment, assume responsibility for the management, processing and payment of the aid, subject to the corresponding authorization of the Sectoral Fisheries Conference.

Article 32. Temporary cessation of fishing activities.

Temporary stops may be carried out at the most appropriate time from the biological point of view for the recovery of the species affected by a Plan provided for in Article 21 of Regulation (EC) No 1198/2006 of the Council of 27 July 2006 on the European Fisheries Fund. This measure enables the possibility of economically compensating shipowners and crew members of a fleet for the decrease in revenues during periods of time, combining the sustainability of the fishing grounds with the profitability of the fleet.

Article 33. Objective criteria for the granting of aid.

Aid may be granted for temporary cessation for a maximum period of duration depending on the cause of the temporary cessation, as provided for in Article 24 of Council Regulation (EC) No 1198/2006 of 27 July 2006. The financial contribution shall be as laid down in Regulation (EC) No 1198/2006, unless the cause of the temporary cessation is a natural disaster, or for reasons of public health or other event not resulting from measures for the protection of resources. In such cases, the exceptional decisions that the situation requires will apply.

Shipowners and crew members affected by the temporary cessation of fishing may apply for aid to the competent authority of the autonomous community where the vessel is located in the base port of the vessel. However:

1. Where temporary cessation measures are intended to be carried out, the corresponding autonomous communities shall forward to the Management Authority all data relating to the temporary cessation, facilitating the detailed calculation of the the premiums corresponding to the temporary cessation which it wishes to take, in order to comply with the provisions of the Operational Programme for the Spanish fishing sector and the provisions of Article 4 of Regulation (EC) No 1198/2006 Council, of 27 July, in respect of maximum periods of duration and ceilings for the the contribution of the European Fisheries Fund.

2. In the case of temporary stoppages related to the non-renewal or suspension of a fishing agreement and where the measure affects several autonomous communities, the Ministry of the Environment, and the Rural and Marine Environment may adopt a aid scheme for shipowners or owners and fishermen concerned.

3. In addition, where temporary cessation takes place within the framework of management plans, recovery or emergency measures on a fishery, established by the European Union and affecting several autonomous communities, the Ministry of Agriculture may also Environment, and Rural and Marine Environment to assume responsibility for the management, processing and payment of the corresponding aid.

4. As referred to in points 2 and 3 above, it shall require the approval of the Sectoral Fisheries Conference.

CHAPTER V

Artisanal coastal fishing

Article 34. Object.

1. For the purposes of this royal decree, it is understood by small-scale coastal fishing that it is practised by fishing vessels of a total length of less than 12 metres, and that they do not use the gear.

2. The aid referred to in Article 26.4 of Council Regulation (EC) No 1198/2006 of 27 July 2006 on an individual basis for the achievement of the objectives of points (d) and (e) and collectively for the achievement of the aid shall be eligible for aid. objectives of points (a), (b) and (c).

The collective form can be through fishermen, associations, cooperatives, and other legally recognized organizations.

3. Individual and collective projects for small-scale coastal fishing shall have access to the aid provided for in the European Fisheries Fund, as entered in the approved operational programme, and must comply with the requirements of the management provided for in this royal decree, for the construction, modernisation, temporary and definitive stoppages and socio-economic measures, taking into account their own characteristics.

4. The competition in the management of the actions of small-scale coastal fishing will be of the autonomous communities.

CHAPTER VI

Pilot Project

Article 35. Object.

1. For the purposes of this Royal Decree, and in accordance with Article 41 of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund and Regulation (EC) No 498/2007 of 26 March 2007 on the lay down detailed rules for the application of the Regulation on the European Fisheries Fund, with regard to pilot projects aimed at the acquisition and dissemination of new technical knowledge, including the use of the experimental fishing techniques more selective, as well as to test, in conditions near to the actual conditions the production sector, the technical or economic feasibility of an innovative technology, in order to acquire and disseminate technical or economic knowledge of the technology in question.

They will also have consideration of pilot projects to develop and test methods to improve the selectivity of fishing gear, reduce by-catches, discards or environmental impact, to to allow the testing of fishing effort management and allocation plans and of different types of fisheries management techniques.

2. They shall be carried out by an economic operator, a recognised trade association or any other competent body designated for this purpose by the Member State, in cooperation with a scientific or technical body.

3. Aid may be requested for the implementation of the aid in the light of the provisions of Article 19 (3) of Commission Regulation (EC) No 498/2007 of 26 March 2007 on the deduction of all profits made during the period implementation of the project. The expenditure on exploratory fishing and on direct commercial fishing shall be excluded.

4. During the implementation of the pilot project, this will be the subject of scientific monitoring by the Spanish Institute of Oceanography or scientific body, and its results will be collected as technical reports, to which the appropriate advertising.

CHAPTER VII

Collective Actions

Article 36. Collective actions.

Aid may be granted for measures of public interest, as provided for in Article 37 of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund, inter alia, for the purpose of carrying out feasibility studies for the promotion of fishing undertakings in third countries which fulfil the requirements laid down in Article 2 of Royal Decree 601/1999 of 16 April 1999 governing the Official Register of Fisheries Enterprises in the Member States Third parties.

The aid will be channelled through organisations acting on behalf of producers or other organisations recognised by the Member State and in accordance with the Operational Programme.

Article 37. Competent Body.

The processing of the export file and verification of the establishment of a fishing company in a third country corresponds to the Ministry of the Environment, and the Rural and Marine Environment.

CHAPTER VIII

Socioeconomic measures

Article 38. Object.

The Ministry of the Environment, and the Rural and Marine Environment, and the Autonomous Communities, within the scope of their respective competences, will be able to grant fishermen from vessels affected by the changes in the activity fisheries, socio-economic aid within the meaning of Article 27 of Council Regulation (EC) No 1198/2006 of 27 July 2006 and in the operational programme approved by the Commission by Decision of 13 December 2007.

Article 39. Socioeconomic measures and requirements.

Measures of a socio-economic nature will be aimed at establishing:

1. Non-renewable individual compensatory premiums in order to diversify activity and promote the multi-activity of fishermen and provisional recycling plans affecting different maritime areas.

2. Improving the professional skills of fishermen.

3. An early exit plan for workers in the fisheries sector, including pre-retirement.

4. Non-renewable compensation to fishermen for permanent cessation.

5. Individual premiums to fishermen under the age of 40 for the purchase of the first vessel.

The requirements for access to each of these measures are included in the European Fisheries Fund's operational programme 2007/2013.

Article 40. Competent body.

1. The competent authority for the processing, resolution and payment of applications for the aid provided for in this royal decree shall be that of the autonomous community in the territory of which the port of the fishing vessel is situated.

2. Where the aid provided for is requested by fishermen from vessels provided to a joint venture, the General Secretariat of the Sea shall communicate to the autonomous community corresponding to the port port of the vessel the necessary data. to process, resolve, and pay the appropriate aid.

3. Aid in the event of permanent cessation of the vessel will be effective once the vessel's final low in the Census of the Operational Fishing Fleet, which will be communicated to the corresponding autonomous community.

CHAPTER IX

Operational Fishing Fleet Census

Article 41. Object.

The Census of the Operative Fishing Fleet is a basic instrument for the management of sea fishing and its content is part of the Community Register of the Fishing Fleet, currently regulated by Regulation (EC) No. 26/2004 of the Commission, of 30 December 2003, the said census will be managed by the Ministry of the Environment, and the Rural and Marine Environment (General Secretariat of the Sea).

Article 42. Operational vessel.

An operating vessel shall be considered a vessel which, being registered in the third or fourth lists of the Register of Ships and Shipping Companies, and registered in the Trade Register, has been dispatched for its activity at sea at least, Once in the last twenty-four months and also maintain the ability to navigate accredited by the relevant certificates of the Ministry of Public Works.

Article 43. Conditions of permanence.

1. The permanence of a vessel in the Census of the Operational Fishing Fleet is conditioned to:

a) Be an operating vessel.

b) Being engaged in an activity at sea, of a professional nature.

2. In any case, it will require the high level of the Special Social Security Regime of the Sea Workers, of the company that commercially explodes the ship and that of the staff enrolled in this one.

Article 44. Loss of operability.

Ships that are included in the Census of the Operational Fishing Fleet will lose the operability when they run for twenty-four months without being dispatched and will go down to the "provisional low" situation in that census.

It will also lose the operation of those vessels which, as a result of international fisheries agreements or agreements, have been paralyzed by their activity, in which case they will also be subject to a "provisional low" situation.

Article 45. Fishing activity.

It shall not be dispatched for the exercise of fishing activity:

1. Every ship not included in the Census of the Operational Fishing Fleet.

2. Any ship that is in a "final low" status.

3. Any vessel that has lost its operation or is on a provisional basis.

Article 46. Reactivations.

The shipowner of a ship in a "temporary low" status in the Census of the Operational Fishing Fleet, or of a ship that has lost its operability, will be able to request again its passage to the situation of discharge in the same, in the period not more than five years from the date on which the vessel lost its operation, thus certifying the navigability of the vessel and the professionalism of the vessel's activity.

After the maximum period mentioned without the reactivation of the ship, the file will be opened to give a "definitive decrease" in the Census of the Operational Fishing Fleet.

Article 47. Low in census.

1. Those vessels that have remained for at least seven years without dispatching for the activity, two since they lost their operation, plus five without requesting the reactivation in the Census of the Operational Fishing Fleet, will cause "definitive decline". after the appropriate file.

2. Vessels which are clearly irretrievable shall be permanently reduced in the census without the time limits specified above. In this case, the Ministry of the Environment, and the Rural and Marine Environment will give the Ministry Fomento so that such vessels will cause low trade in the Register of Ships and Shipping Companies, as provided for in Article 61 of Royal Decree 1027/1989, July 28, on flag, ship registration and maritime registration.

3. The final fall in the census will also take place in the case of scrapping, sinking, total loss by accident, export abroad, transfer to another Community country and changes from the third and fourth to another list of the Register of Vessels and Shipping Companies.

Article 48. Inclusion in the census.

1. Vessels may be included in the Census of the Operational Fishing Fleet:

a) Hayan finished building.

b) You have completed your import case.

c) You have finished your discharge in the list third of the Register of Ships and Shipping Companies.

d) And those that are intended to be reactivated as a temporary low.

2. Vessel owners who are in the situation described in the preceding paragraph shall certify the possession of the certificate of navigability or conformity, as appropriate, issued by the Directorate-General of the Merchant Navy, and in its the case, that the low or low contributed is tied up and initiated the relevant file for its materialization, as referred to in Article 6.

Article 49. Requests.

1. Applications for the inclusion or reactivation of vessels, in accordance with the model in Annex I, shall be addressed to the Ministry of the Environment, and the Rural and Marine Environment, and shall be submitted to the General Secretariat of the Sea, or to any of the places provided for in Article 38.4 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. Vessel owners or owners shall specifically specify in the application the waters where they request to carry out the fishing tasks.

2. Applications shall be accompanied by the documentation set out in Annexes II and IV, respectively, and a registration book, completed correctly by the shipowner, who shall sign in the place reserved for that purpose, in accordance with the model in the Annex. VI.

3. The maximum time limit for the submission of the application for new construction, import, or discharge vessels in the third list of the Register of Ships and Shipping Companies shall be four months from the date of the first certificate of navigability or compliance as appropriate.

Article 50. Processing.

1. Once the application has been submitted, the Directorate-General for Fisheries Management of the General Secretariat of the Sea of the Ministry of the Environment, and the Rural and Marine Environment will verify the documentation presented and in the event that the vessel is to fish in inland waters, prior report of the corresponding autonomous community will be requested.

2. The General Secretariat of the Sea shall be empowered to verify the vessels it considers relevant.

3. The Director-General of Fisheries Management shall, within three months of the submission of the application, give and notify the relevant decision.

Article 51. High in the Census of the Operational Fishing Fleet.

1. The ships once fulfilled with all the conditions and received the corresponding reports, will be discharged provisional in the Census of the Operational Fishing Fleet, by means of the aforementioned resolution of the Director General of Fishing Management.

2. In order to ensure that the new construction, import, or incorporation to List third of the Register of Ships and Shipping Companies, the shipowners must be in a position of high definitive, the shipowners must justify within a maximum period of twelve months the scrapping, the export or transfer to another Community country as well as the change of list, the low or the low provided and the final registration in the Trade Register, and the documentation set out in Annex III must be accompanied. In case of failure to present the required documentation, the vessels will cause low in the census by "withdrawal of the activity".

3. In order to obtain the status of the new vessels under joint projects, as referred to in Article 3 (c), the scrapping of the losses in a manner which covers 100% in terms of tonnage and power and the number of Low-lying fishing units equal to or greater than the number of new units.

4. The shipowners of the reactivated vessels, at the latest one year from the date of the provisional discharge, shall justify their passage to a final discharge in the Census of the Operational Fishing Fleet, a fishing activity, of at least one hundred and twenty days, or 70% of authorised days in the case of specific fisheries covered by their own rules, by means of the documentation referred to in Annex V. In the absence of the required justifications for the vessels will cause a decline in the census by "definitive cessation of activity".

Article 52. Stay in activity.

The vessels that are included in the Census of the Operational Fishing Fleet for reactivation, as provided in this royal decree, must remain active on a continuous basis and at least two years in order to be able to be provided as a discharge for new construction or modernisation of ships.

Article 53. Coordination of Records.

1. In order to comply with the provisions of Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community register of fishing vessels and other applicable rules, to monitor fishing effort and to maintain due agreement between the Census of the Operational Fishing Fleet and the Registry of Ships and Shipping Companies, competition from the Ministry of Public Works, any annotation on the seat sheet of the vessels of the third and fourth lists representing alteration of its tonnage, propellant power and main characteristics, as well as those annotations which are refer to high, low, or change of name, will require the prior report of the Ministry of Environment, and Rural and Marine Environment (General Secretariat of the Sea).

2. Once the entries referred to in the previous paragraph and those relating to the transfer of ownership and ownership of the vessel have been made, they shall be communicated by the relevant maritime districts to the Ministry of the Environment. Environment, and Rural and Marine Environment, General Secretariat of the Sea, Directorate General of Fisheries Management, for logging in the census.

3. Changes in the tonnage and/or power of the vessels in the third list carried out without the required authorisations shall give rise to the obligation to provide low censates equivalent to the increases in tonnage and/or propellant power, without prejudice to the other consequences which are legally or regulations arising from the absence of such authorisations.

Article 54. Entitlement changes.

When a change of ownership occurs on a ship both owner and shipowner, the acquirer must bring it to the attention of the Ministry of the Environment, and the Rural and Marine Environment and the Ministry of Public Works, in a two-month period.

Additional disposition first. Age of vessel.

For the purposes of aid, the age of the fishing vessel shall be the whole number defined as the difference between the year of the date of the decision to grant a premium or grant and the year of its entry into service.

The date of entry into service of the ship is considered to coincide with the issuance of the first certificate of navigability. In the absence of a reference to that certificate, the vessel shall be deemed to have entered into service on the date of its first entry in List 3 of the Register of Ships and Shipping Companies.

Additional provision second. Deadline for resolution.

The deadline for the resolution of the authorization files that this royal decree regulates will be six months.

Additional provision third. Aid under Council Regulation (EC) No 744/2008 of 24 July 2008.

The aid which, under this royal decree, is based on Council Regulation (EC) No 744/2008 of 24 July 2008 establishing a temporary specific action to promote the restructuring of the fishing fleets of the European Community affected by the economic crisis shall apply until 31 December 2010 or, in any case, within the time frame laid down in that Regulation.

Additional provision fourth. Exchange of information.

The Ministries of the Environment and the Rural and Marine Environment, Labour and Immigration and Development will exchange the information necessary to avoid the dispatch of a ship or its staff without who are discharged from the Special Social Security Scheme of the Workers of the Sea or to avoid dispatch for the pursuit of the fishing activity of vessels in one of the situations referred to in Article 45.

Single transient arrangement. Aid under the Royal Decrees 1048/2003 of 1 August 2003 and 3448/2000 of 22 December 2000,

1. By way of derogation from the derogation provision, Royal Decree 1048/2003 of 1 August 2003 on the management of the fisheries sector and structural aid and Royal Decree 3448/2000 of 22 December 2000 establishing the basic rules for structural aid to the fisheries sector to aid applicable, for the purposes of the aid applied under the aid and the single programming documents for Objective 2 and outside Objective 1, as well as for the programmes In the context of Objectives 1 and 3, as well as the Community Initiative programmes Urban and Leader + in Spain, in accordance with the Commission Decision of 18 February 2009 C (2009) 1128 final, in the time frame applicable to them.

2. For the purposes of the preceding paragraph, the provisions of Article 25.4 of Royal Decree 3448/2000 of 22 December 2000 laying down the basic rules for structural aid in the fisheries sector shall apply as follows:

" 4. The guarantee may be released in part, at the request of the person concerned, by replacing it with another bank guarantee guaranteeing 20% of the amount of the remaining premium from 1 January 2009 to the end of the fifth annuity, as calculated 'pro rata temporis' on 100% of the total premium for the whole period, after the corresponding reports have been approved and subject to compliance with all the conditions.

For Joint Societies under Royal Decree 137/2002 of 1 February, the guarantee can be released by replacing it with a 40% bank guarantee, in the same terms as in the previous paragraph. "

Single repeal provision. Regulatory repeal.

The following royal decrees are repealed: Royal Decree 798/1995 of 19 May, defining the criteria and conditions for structural assistance in the fisheries, aquaculture and fisheries sectors. marketing, processing and promotion of its products, with the exception of the eighth additional provision; Royal Decree 1048/2003 of 1 August 2003 on fisheries management and structural aid and Royal Decree 3448/2000 of 22 December 2000. December, which lays down the basic rules for structural aid to the fisheries sector, without prejudice to the provisions of the single transitional provision.

Final disposition first. Competency enablement.

This royal decree constitutes basic legislation for the management of the fishing sector dictated by the provisions of Article 1491.19. Chapter IX and the Annexes, dictated by the exclusive competence of the State in matters of maritime fisheries governed by Article 149.1.19. of the Constitution, are exempted from the foregoing.

Final disposition second. 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 October 9, 2009.

JOHN CARLOS R.

The Minister for the Environment, and the Rural and Marine Environment,

ELENA ESPINOSA MANGANA

ANNEX I

Application model for inclusion in the census of the operational fishing fleet of Spanish fishing vessels

ANNEX II

Documents for provisional discharge in the census of the operational fishing fleet of new construction, import or other vessels from another list

1. High-end, correctly completed censal notebook by the shipowner, who will sign in the place reserved for it.

2. Certified copy of the seat sheet of the vessel in the third or fourth list or in its defect, seat sheet in the ninth list and certified copy of the official or operational test report, if the seat sheet has not been issued in third list.

3. Certificate of navigability or final conformity of the vessel, third or fourth list (or certified copy).

4. Vessel tonnage certificate in GT and TRB (or certified copy).

5. Certification of the corresponding maritime captaincy of the "low or low contributed" mooring and of the patent for navigation and start of the scrappage file.

6. Tax identification label of the shipowning company.

ANNEX III

Documentation for final discharge in the census of the operational fishing fleet of new construction, import or other vessels from another list

1. Certified copy of the seat sheet on the record of the scrapping of the low or low contributed.

2. Definitive (non-provisional) certification in the Mercantile Register if this end is not included in the seat sheet.

3. Certification of the Social Institute of the Navy in which they appear:

a) Number of registration in the Social Security of the shipowning company.

b) Number of enrollment in the ship's Social Security as a working center.

4. Two photographs of 10 x 15 cm., in colour, of the entire vessel, in which the registration plate and the folio are clearly distinguished in the amura of the already constructed vessel.

ANNEX IV

Documents for the provisional discharge for the reactivation of vessels in the census of the operational fishing fleet

1. High-end, correctly completed censal notebook by the shipowner, who will sign in the place reserved for it.

2. Certified copy of the ship's seat sheet in third list.

3. Certificate of ultimate navigability of the vessel, in third list (or certified copy).

4. Vessel tonnage certificate in GT and TRB (or certified copy).

ANNEX V

Documents for the definitive discharge for the reactivation of ships the census of the operational fishing fleet

1. Certification of dispatches for fishing issued by the maritime captaincy or maritime district concerned, where there are no telematic dispatches.

2. Sales certification at auction or establishment authorized by the autonomous community.

3. Certification of the Social Institute of the Navy to be discharged and to the current of payment of the contributions and in which the data of the ship and the shipowning company are found.

ANNEX VI

Operational Fishing Fleet Census Notebook