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Order Fom/1511/2006, Of May 3, Which Establishing The Regulatory Bases Of Subsidies For The Acquisition And Installation Of Beacons Of Man To Water And Vests Lifesavers And Protractor's Location For Crew Members Of Vessels D...

Original Language Title: ORDEN FOM/1511/2006, de 3 de mayo, por la que se establecen las bases reguladoras de las ayudas para la adquisición e instalación de balizas de hombre al agua y chalecos salvavidas y goniómetros de localización para los tripulantes de los buques d...

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Article 6.1.c) of Law 27/1992, of 24 November, of Ports of the State and of the Merchant Marine encompasses in the concept of merchant marine the safety of navigation and human life in the sea, which must be understood in (a) the relationship with the vessels of the Spanish civil fleet, including national fishing vessels in accordance with Article 8.1.b) of that Act. In addition, Article 74.1 of the aforementioned law configures the protection of the safety of human life at sea as the objective of the merchant marine policy, attributing the powers in this matter to the Ministry of Public Works, within the meaning of its article. 86.1. The establishment of public service obligations for the maritime administration which must guide its actions, both normative and technical, to the objectives and the allocation of the tasks set out in the protection and safeguard of the lives of the crew members of Spanish vessels, taking all measures of a preventive nature that are deemed necessary for this purpose. In this respect, the Council of Ministers adopted an Agreement at its meeting of 29 April 2005, published by Resolution of 31 May of that year, of the Secretariat of the Presidency, establishing a number of joint actions between the Ministries of Development, Labour and Social Affairs and Agriculture, Fisheries and Food to improve the safety of fishing vessels. This agreement sets out a framework for action and action in order to increase maritime safety and work at sea in the areas listed in Annex I, in order to improve the alarm and localisation systems in accident or incident scenarios. In accordance with points (b) and (c) of paragraph 1.A of the said Annex, the measures to be taken into account include the establishment of a system to provide for workers on fishing vessels to be determined, for personal radio-beacons, which are automatically activated in man-to-water situations and the adoption of possible measures to improve the safety conditions of work on board, such as the adoption of life jackets for permanent use. In order to comply with the mandate referred to in the said Agreement, it is considered appropriate to establish a procedure to encourage the establishment and existence of the means described above on board fishing vessels, in order to ensure the compliance with the objectives pursued by the Agreement; a fully shared approach by the Ministry of Agriculture, Fisheries and Food, which is considered to be of primary importance, in order to the favourable consequences of this. safety of fishing vessels and their crews. As a more appropriate mechanism for this, the granting of a grant, under the terms of Law 38/2003, of 17 November, General of Grants, from the budgets of the The Maritime Safety and Security Society (SASEMAR), which would be responsible for putting into operation the system described above, given the intimate relationship between the objectives pursued by the Council of Ministers ' Agreement and the services provided by the provides the Company. In accordance with the above, and in compliance with the mandate under Article 8.1 of the General Law on Subsidies, SASEMAR has drawn up the corresponding Strategic Plan for the setting of the objectives and the procedure for the grant of the grants; being approved by the Board of Directors of the said Company at its meeting on 27 February. In its virtue, at the initiative of SASEMAR, in accordance with the Ministry of Agriculture, Fisheries and Food, on a proposal from the General Directorate of the Merchant Navy, I have:

Article 1. Object.

purpose of this order is to regulate the bases for the granting, by the Society of Salvage and Maritime Safety (SASEMAR), of the aid for the acquisition and installation of the national fishing vessels of the equipment and appliances listed below: (a) Life-saving Chalecos of permanent use and a beacon of man's alarm to the automatic activation water for all crew members of fishing vessels whose usual fishing operations are carried out in cover.

b) A man's beacons alarm receiver to water all local fishing vessels and littoral. (c) Radiogonometers for the location of beacons of man to water in all fishing vessels of height and height.

Article 2. The overall amount of aid.

1. The grants, for a total amount of 7.8 million euros, will be awarded during the financial years 2006, 2007 and 2008, from the budgets of SASEMAR and according to the following distribution: Exercise 2006 up to 3 million euros.

Exercise 2007 up to 3 million euros. Financial year 2008 EUR 1.8 million.

2. If the appropriations previously provided are not exhausted in the corresponding year, the resulting balance may be incorporated to satisfy the grants awarded in the following financial year.

Article 3. Beneficiaries.

The shipowners of the national fishing vessels in which the equipment and equipment referred to in the previous paragraph have been installed shall be beneficiaries of the aid in this order, provided that they comply with the requirements laid down in Article 13 of Law 38/2003, of 18 November, General of Grants and with those established in these bases.

Article 4. Concession procedure.

1. The grant of the grants shall be made on the basis of competitive competition, as provided for in Article 22 et seq. of the General Law on Subsidies and on these bases.

2. The procedure for granting the aid shall be initiated on its own initiative by public notice, which shall be approved by the President of SASEMAR, by delegation of the Management Board. The call must include the requirements set out in Article 23.2 of Law 38/2003 and must be published in the Official Gazette of the State.

Article 5. Collaborating entities.

1. The fishermen, their federations and organisations of fishing producers shall act as cooperating entities of SASEMAR, in accordance with and subject to the requirements and obligations required by Articles 12, 13 and 15 of the Law. General of Grants.

2. The conditions and obligations governing the relations between SASEMAR and the collaborating entities shall be formalized in the relevant collaboration agreements which shall be established in accordance with the provisions of Article 16 of the Law. above. 3. In any event such entities shall credit their solvency conditions by submitting any of the following documents:

(a) Report of a financial institution in which its economic capacity is expressed.

(b) Documentation in which the structure, organisation, personnel and material resources of the documents are reflected in the effective management of the activities entrusted to them in this order and in the collaboration agreement which is subscribed.

Article 6. Submission of applications.

1. Applications for aid shall be addressed to the President of SASEMAR accompanied by the following documentation: Accreditation that applicants are not in any of the causes of exclusion provided for in Article 13 of the Law 38/2003.

Invoice or proof of the purchase of the equipment for which the subsidy is requested. Seat sheet certifying the ownership of the vessel. Certificate of approval of the beacons issued by the General Directorate of the Merchant Navy.

2. Applications shall be submitted and processed through the collaborating entities referred to in Article 5 of this order, in accordance with the provisions of the relevant conventions.

3. In any case applications shall be submitted in accordance with the following timetable:

Applications for the financial year 2006 in the month following the date of publication of the resolution of the call of the President of SASEMAR.

Applications for the financial years 2007 and 2008 before 31 May of that financial year.

Article 7. Instruction and resolution.

1. The instruction and the proposed valuation shall be carried out, in accordance with the provisions of the relevant conventions, by the collaborating entities that will transfer to SASEMAR such a proposal for its resolution by the President of that entity.

2. The President of SASEMAR, by delegation of the Management Board, shall give and notify the relevant resolution to the persons concerned within the maximum period of six months from the date of the end of the period of submission of applications for aid, subject in any case to the provisions of Articles 25 and 26 of the General Law on Subsidies and 89 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. That resolution shall put an end to the administrative route. 3. After that period of time without notification of the decision, the persons concerned may understand their request.

Article 8. Objective criteria for the grant of the grant.

The grants shall be awarded on the basis of the type of fishing vessel and fishing gear used, applying the following scale: (a) According to the type of fishing vessel. High altitude: 9 points.

Height: 8 points. Littoral: 6 points. Local: 5 points.

b) According to the fishing gear used.

Trawlers: 8 points.

Of encirclement: 7 points. Longliners: 6 points. Other arts: 5 points.

Article 9. Technical characteristics of the equipment.

1. The technical characteristics of the automatic inflating life jackets shall be in accordance with the EN396 standard, but alternatively, they may be dual-chamber of automatic inflation complying with SOLAS standards.

2. The technical characteristics of the radiobalises shall be those laid down in the ETS 300 152 (1998) and EN 60 945 (1997) specifications, and shall meet the following requirements:

A minimum range of 1 nautical mile.

No activation or interference of the Cospas-Sarsat satellites. A minimum operating time of 12 hours.

3. The radiobalises and waistcoats shall form a set in which the waistcoat shall be automatically and simultaneously inflated and activated by the radiobaliza.

Article 10. Amount of subsidy.

The amount of grants awarded for each vessel may not exceed EUR 3 000, and will be distributed according to the following unit quantities: Chalecos with a man-to-water beacon, a total sum of 180 euros.

Alarm receivers, a total amount of 140 euros per unit. Radiogonometers for a total amount of EUR 1,400 per unit.

Article 11. Compatibility of the grants.

The grants under this order may be compatible with any other public or private aid granted for the same purpose, provided that the cumulative amount of such grants does not exceed the cost of the equipment to which it is refers to Article 1 of this Order.

Article 12. Obligations of the beneficiaries.

1. In addition to the fulfilment of the obligations under Article 14 of the General Grant Act, the beneficiaries must comply with the obligations to which Article 30 of the grant is referred to in Article 30. and submit to the verification actions carried out by SASEMAR, as provided for in Article 32 of the Law.

2. They shall also communicate to the President of SASEMAR, through the collaborating entities and once the grant has been granted, the granting of any other aid for the same purpose, for the purposes of the foregoing Article, in which case the modification of the resolution of the concession granted by SASEMAR may be produced if the amount of the accumulated grants exceeds the cost of the equipment.

Article 13. Payment of the grants.

The payment of the grants to the shipowners will be made through the collaborating entities and in the terms established in the collaboration agreements formalized as provided for in the fourth section of these bases, to subscribe with the same.

In any case, the collaborating entities will have to justify to SASEMAR the perception, by the beneficiaries, of the corresponding aids, through any valid document in law. The justification shall be made within three months from the date of receipt of the funds by the collaborating entities.

Article 14. Reintegrating and non-compliances.

1. Where one of the cases referred to in Title II of the General Grant Act occurs, the beneficiaries shall be reimbursed for the amounts received and for the interest on late payment, from the moment of the actual payment of the subsidy, in accordance with the provisions of that Title.

2. The non-compliances of the regulatory bases for these grants and the corresponding resolution of the President of SASEMAR will be sanctioned in accordance with the provisions of Title IV of the General Law on Grants.

Article 15. Applicable rules.

In all the non-foreseen in these bases will be applicable as laid down in Law 38/2003, of 17 November, General of Grants; in Royal Decree 2225/1993, of 17 November, for which the Regulation of the Procedure for the granting of Public Grants, in which it does not object to the aforementioned Law; and in Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Final disposition first. Competence title.

This order is dictated by the provisions of Articles 149.1.20 of the Constitution, which attributes to the State exclusive competence in the field of merchant marine; article 86.1 of Law 27/1992, of Ports of the State and of the Merchant Navy; and Article 17.1 of Law 38/2003, of 17 November, General of Grants.

Final disposition second. Entry into force.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, 3 May 2006.

ALVAREZ ARZA