Advanced Search

Royal Decree 1473 / 2004, Of June 18, By Which Measures Of A Socio-Economic Nature In The Fisheries Sector And Amending The Royal Decree 3448/2000, Of 22 December, Which Establishes The Basic Rule Of Colourful Supports...

Original Language Title: Real Decreto 1473/2004, de 18 de junio, por el que se establecen medidas de carácter socioeconómico en el sector pesquero y se modifica el Real Decreto 3448/2000, de 22 de diciembre, por el que se establece la normativa básica de las ayudas estruct...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and conditions for Community structural assistance in the fisheries sector has been amended by Regulation (EC) No 2792/1999. Council Regulation (EC) No 2369/2002 of 20 December 2002. This amendment was approved by Royal Decree 1048/2003 of 1 August 2003 for the management of the fisheries sector and structural aid, which includes aspects such as the renewal of the fleet, the equipment and modernisation of fishing vessels. fishing, adjustment of fishing efforts, joint ventures, temporary cessation of fishing activities and other financial compensation, as well as control of fishing effort.

This royal decree repeals certain aspects of Royal Decree 3448/2000 of 22 December 2000 laying down the basic rules for structural aid in the fisheries sector.

This royal decree adapts the Community rules as regards the regulation of socio-economic measures for the co-financing of national aid schemes for the early retirement of fishermen, to the granting of individual global premiums and non-renewable individual compensatory premiums to promote the professional conversion of fishermen and to diversify their activities and premiums for fishermen of less than 35% years for the acquisition of a fishing vessel in whole or in part.

The autonomous communities in whose territory the base port of the fishing vessel is situated or the tax domicile of the beneficiary fisherman shall be competent for the processing of the aid.

Also amended is Royal Decree 3448/2000 of 22 December, which establishes the basic regulation of structural aid in the fisheries sector, partially in force following the enactment of Royal Decree 1048/2003, of 1 of August. These amendments relate to aid in the aquaculture sector and to the processing of fishery and aquaculture products.

In the elaboration of this royal decree, the autonomous communities and representative entities of the affected sector have been consulted.

In its virtue, on the proposal of the Minister of Agriculture, Fisheries and Food, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 18 June 2004,

DISPONGO:

Article 1. Object.

1. This royal decree establishes the regulation of socio-economic measures linked to the measures for the restructuring of the fisheries sector, in accordance with the provisions of Council Regulation (EC)2792/1999 17 December 1999. December 1999, defining the modalities and conditions of Community assistance for structural purposes in the fisheries sector and in Council (EC)2369/2002 of 20 December 2002 on the the previous one is modified.

2. In addition, amendments to Royal Decree 3448/2000 of 22 December 2000 laying down the basic rules for structural aid in the fisheries sector are also introduced.

Article 2. Definitions.

For the purposes of this royal decree, it is understood by:

(a) Competent authority: the autonomous communities which, within the scope of their respective powers, may adopt measures of a socio-economic nature in favour of fishermen linked to the adjustment of the fishing capacity of the Article 11 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fishery resources under the common fisheries policy. The Ministry of Agriculture, Fisheries and Food will be the competent authority for the implementation of this royal decree in the cities of Ceuta and Melilla.

(b) Fisherman: any person who carries out his or her principal professional activity on board an active sea fishing vessel.

Article 3. Socioeconomic measures and conditions of these.

Measures of a socio-economic nature shall consist of:

a) Establishment of a pre-retirement plan. Fishermen who fulfil the conditions laid down in Article 4 (1) may be entitled to the ordinary retirement age (65 years) or the age corresponding to the ordinary retirement age, according to the rules of application to the Special Scheme of Social Security of the Workers of the Sea, of being inferior, the aid established within a plan of pre-retirement in this royal decree.

b) Individual global primes. Fishermen who fulfil the conditions laid down by this royal decree may apply for the granting of individual global premiums of a maximum amount of EUR 10 000 per person, provided that the fishing vessel on which the Fishermen are the subject of permanent cessation in the light of the years of activity and contributions to the Special Regime of the Social Security of the Sea Workers. At least it must have been quoted for 12 months, and in the case of lower quotation the premium will be reduced proportionally.

c) Non-renewable individual compensatory premiums. Fishermen who can prove at least five years ' exercise of the profession may apply for non-renewable individual compensatory premiums to help them:

1. To be redeveloped in a sector other than that of sea fishing, under an individual or collective social plan, on the basis of a eligible cost limited to EUR 50 000 per beneficiary, management authority the individual amount according to the extent of the conversion project and the financial commitments entered into by the beneficiary.

2. The diversification of its activities in a sector other than that of sea fishing, within a project of individual or collective diversification, on the basis of a eligible cost limited to EUR 20,000 per beneficiary; the managing authority shall determine the individual amount according to the extent of the diversification project and the investments made by the beneficiary.

(d) Aid to fishermen of less than 35 years of age. Individual premiums may be granted to fishermen of less than 35 years of age who are able to prove at least five years of the occupation or who are able to establish an equivalent professional training and to acquire for the first time a vessel of fishing on full or partial ownership, provided that the following requirements are met:

1. The fishing vessel must be between seven and 24 metres in length and, at the time of the acquisition of the property, must be between 10 and 20 years old, and must be operational and registered in the third list of the official vessel registration register and the Census of the operational fishing fleet.

2. The transfer of ownership will not take place within the same family until the second degree of kinship.

3. The competent authority shall determine the amount of each individual premium on the basis of, in particular, the size and age of the vessel, and the financial conditions of the acquisition, taking into account the cost of the acquisition of the property; level and conditions of the bank loans; guarantees offered, if any, by third parties, and other financial order facilities.

4. The competent body shall also determine the remaining criteria and requirements to guide the acquisition.

5. º The amount of the premium must not exceed 10 percent of the cost of acquiring the property or exceed the amount of 50,000 euros.

Article 4. Requirements for obtaining aid.

1. In order to be eligible for the pre-retirement scheme, the following conditions must be met:

(a) Be discharged from the Special Regime of the Social Security of the Workers of the Sea and have completed, at least, when they are 65 years of age or equivalent, a minimum contribution period of 15 years.

b) Be 55 or older and not have met the statutory retirement age at the time of the request.

(c) Haber for at least 10 years the profession of fisherman.

d) Be enrolled and in high or in some of the situations assimilated to the high. Beneficiaries may not exceed the number of jobs removed on board fishing vessels as a result of the permanent cessation of fishing activities throughout the programming period.

In this respect, the situation shall be deemed to be equivalent to the discharge of the whole of the reserve of the job.

2. In order to be eligible for individual global premiums, the following conditions must be met:

(a) Be discharged from the Special Regime of the Social Security of the Workers of the Sea and have listed it for a minimum period of 12 months.

b) Be less than 55 years of age or, being older, not be able to retire.

(c) to be wound up and in high or in some of the situations treated as high in the vessel subject to structural adjustment from the time the shipowner applies for the permanent cessation premium, the aid for the establishment of a joint venture or an export application until, after the date of notification of the concession, the employment relationship with the shipowning undertaking is terminated, unless it can certify its absence at some point in the indicated period, but the situation as defined in paragraph 1 (d) above.

The premium, the right of which is generated for months due and proportional, in the event that within a monthly payment will begin to work, will be degenerated in the proportional portion that corresponds according to the days of inactivity.

3. In order to be eligible for non-renewable individual compensatory premiums, the following conditions shall be met:

a) Being discharged from the Special Regime of the Social Security of the Sea Workers

b) Be less than 55 years of age or, being older, not be able to retire.

(c) The other requirements referred to in Article 3 (c).

4. In order to be eligible for aid to fishermen of less than 35 years, the following conditions must be met:

a) Being discharged from the Special Regime of the Social Security of the Sea Workers

(b) The other requirements referred to in Article 3 (d)

Article 5. Competent body.

1. The competent authority for the processing, resolution and payment of applications for 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 or the registered office of the vessel is situated. angler.

2. Where the aid provided for is requested by fishermen from vessels provided to a joint venture, the General Secretariat for Maritime Fisheries shall inform the autonomous community of the port port of the vessel for which the data are exported. necessary to process, resolve, and pay the corresponding aid.

3. Aid in the event of permanent cessation of the vessel shall be effective once the vessel's final discharge is caused by the operational fishing fleet, which shall be communicated to the relevant autonomous community.

Article 6. Control of aid.

1. The competent bodies shall, in each case, take the necessary measures, in particular by means of appropriate control mechanisms to ensure:

(a) that the same fisherman cannot benefit from more than one of the measures set out in Article 3.

(b) The perception of pre-retirement aid is incompatible with the exercise of fishing activity.

(c) The conversion premium provided for in Article 3 (c) (1) shall be reimbursed "pro rata temporis" in the event that the beneficiary returns to the profession of fisherman within a period of less than five years after recovery of the premium; and that the diversification premium provided for in Article 3 (c) (2) shall contribute to the reduction of the fishing effort by the fishing vessels in which the beneficiaries work.

(d) The premium provided for in Article 3 (b) shall be reimbursed in proportion to the time spent in the event that the beneficiary returns to the fishing profession within a period of less than one year following the recovery of the premium.

(e) the premium provided for in Article 3 (d) is reimbursed in proportion to the time spent, in the case of transfer of the property acquired by the beneficiary, or the vessel is subject to permanent withdrawal, in a at least not less than five years after the premium has been collected.

2. Complementary social measures financed at national level may be established for crew members with the aim of facilitating the temporary cessation of fishing activities in the framework of a plan for the protection of resources. aquatic.

Article 7. Territorial distribution of credits.

1. The territorial distribution of the appropriations for this aid and entered in the general budget of the State in charge of the Ministry of Agriculture, Fisheries and Food shall be carried out in accordance with Article 153 of the recast text of the General Budget Law, approved by Royal Decree No 1091/1988 of 23 September, except as repealed by Law 47/2003 of 26 November, General Budget, and the objective criteria of the distribution, as well as the resulting distribution.

2. This distribution will take into account the budgetary programming of the Ministry of Agriculture, Fisheries and Food for the whole of the period, as well as the proposals for priority investments of the autonomous communities for the corresponding exercise.

For these purposes, the Autonomous Communities will submit their proposals to the Ministry of Agriculture, Fisheries and Food by 30 September each year.

3. The transfer of appropriations from the funds of the Financial Instrument for Fisheries Guidance (FIFG) to the Autonomous Communities for the payment of aid to the investments to be made shall be carried out on the basis of the made by this fund and the needs of those territorial administrations, subject to their documentary justification.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this royal decree and, in particular, Chapter XVI of Royal Decree 3448/2000 of 22 December, establishing the rules (a) basic structural aid in the fisheries sector.

Final disposition first. Amendment of Royal Decree 3448/2000 of 22 December 2000 laying down the basic rules for structural aid in the fisheries sector.

Royal Decree 3448/2000 of 22 December 2000 laying down the basic rules for structural aid in the fisheries sector is amended as follows:

One. A paragraph (d) is added to Article 37.2 (d) with the following text:

"(d) The costs arising from the realisation of the new tonnage of the service vessels of the aquaculture facilities."

Two. Article 50 (2) is reworded as follows:

" 2. For the purposes of this royal decree, the processing and marketing of fishery and aquaculture products shall mean the chain of operations of the chain of handling, processing, processing, production and distribution from the time of landing or collection to the final product stage. '

Three. A new wording is given to Article 56:

" Article 56. Competent body.

1. Applications for aid shall be processed and resolved by the competent authority of the autonomous community in which the registered office or registered office of the sponsor is located, for those cases where the development of the actions and/or projects to which the sponsor is refers to the previous article in the geographical scope of that autonomous community.

2. When the same initiative is promoted by several stakeholders located in more than one autonomous community, the applications for aid will be processed and resolved by the Ministry of Agriculture, Fisheries and Food.

3. Where actions or projects are carried out within the geographical scope of more than one autonomous community, applications for aid shall be processed and resolved by the Ministry of Agriculture, Fisheries and Food. '

Four. A new Article 57a is added, with the following wording:

" Article 57a. Processing requests.

1. In the case of producers ' organisations at provincial or regional level, applications for aid shall be processed and resolved by the competent authority of the autonomous community.

2. In other cases, applications for aid shall be processed and resolved by the Ministry of Agriculture, Fisheries and Food. "

Final disposition second. Application of attachments.

The Annex to Royal Decree 1048/2003, of 1 August, of fisheries management and structural aid, will be applicable to this royal decree.

Final disposition third. Competence title.

This royal decree is dictated by the provisions of Articles 149.1.13. and 19. of the Constitution, which attribute to the State, respectively, exclusive competence in the field of bases and coordination of planning General economic activity and sea fishing, without prejudice to the powers conferred on the autonomous communities in the management of the sector.

Final disposition fourth. Faculty of development.

The Minister of Agriculture, Fisheries and Food, in the field of his competence, is empowered to lay down the rules necessary for the fulfilment and development of this royal decree.

Final disposition fifth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 18 June 2004.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries

and Power,

ELENA ESPINOSA MANGANA