The constitution of joint ventures is regulated in article 64 of Law 3/2001 of March 28, of Maritime Fisheries of the State as a measure that the Government can promote in order to have access to the resources in the waters under jurisdiction of third countries. It also constitutes a measure which favours the reduction of fishing effort and therefore the adaptation of the fleet to the situation of resources, in accordance with the provisions of Article 61 of that Law.

Council Regulation (EC) No 2792/1999 of 17 December laying down the detailed rules and conditions for structural assistance in the fisheries sector lays down, in Article 8 thereof, the possibility of the Member States of the European Union may adopt measures to promote the creation of joint ventures with financial support.

The subsidies that are regulated by this Order are state aid for the constitution and improvement plans for joint ventures. The aid is covered by Council Regulation (EC) No 2369/2002 of 20 December 2002 amending Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and conditions for the use of such aid. In the fisheries sector and in Royal Decree 1048/2003 of 1 August 2003 on the management of the fisheries sector and structural aid.

The abovementioned aid has been regulated by the Order of 13 March 2000 on the establishment and scheme of aid for joint ventures, which lays down the procedure for the processing of financial aid to shipowners. of Spanish fishing vessels participating in joint venture projects.

The management of these aids will be carried out by the General Administration of the State in order to optimize both the control of these companies and the aid they receive, given the important impact it has on the for maritime fishing and under the authorisation contained in Article 149.1.19.a of the Constitution, which confers exclusive competence on the State in the field of sea fishing.

This Order is issued in accordance with the provisions of Article 81.6 of the General Budget Law, the recast of which is approved by the Royal Decree of Law 1091/1998 of 23 September 1998 and Royal Decree 2225/1993, Regulation of the European Parliament and of the Council of 17 December 1999 laying down the rules of procedure for the granting of public subsidies.

The sectors concerned have been consulted in the process.

In its virtue, I have:

Article 1. Object.

This Order is intended to regulate, in the development of the provisions of Council Regulation (EC) 2792/1999 of 17 December and in Royal Decree 1048/2003 of 1 August 2003 on the management of the fisheries sector and aid the procedure for the processing of financial aid to ship owners of Spanish fishing vessels participating in joint ventures in third countries.

Article 2. Beneficiaries.

May be beneficiaries of the aid that is regulated in this Order, the promoters of mixed societies that meet the conditions and requirements set out in Royal Decree 1048/2003, of August 1.

Article 3. Financing.

1. The financing of the aid corresponding to the national aid shall be made from the budget of the Ministry of Agriculture, Fisheries and Food for the budget concept 21.09.718B.774 'adjustment of fishing effort'.

2. The Community assistance under the Financial Instrument for Fisheries Guidance (FIFG) shall be carried out in accordance with the limits set out in Annex 4 to Regulation (EC) No 2792/1999 and in Royal Decree 1048/2003 of 1 August 2003.

3. Both the granting of the aid and the payment of the aid are subject to the existence of credit in the corresponding budgetary implementation of the general budget of the State, as well as to the Community funds allocated for this type of aid. of aid.

4. In any event, the amount of the subsidy, in concurrency with other aid or subsidies that may be granted by other public authorities, public entities attached to or dependent on them, both domestic and international, and other natural or legal persons of a private nature, may exceed the total cost of the activity covered by the grant.

Article 4. Obligations of the beneficiaries.

The beneficiaries of the aid, regulated in this Order, are obliged to:

(a) To maintain the condition of a mixed company during the period in which amounts corresponding to the aid granted are received.

b) To present, to the General Secretariat of Maritime Fisheries, the periodic reports of its activity within the deadlines and in the form established in Royal Decree 601/1999, of 16 April for which the Official Register of Fishing Companies in Third Countries.

Article 5. Submission of applications.

1. Applications shall be addressed to the Minister for Agriculture, Fisheries and Food and shall be submitted to the General Secretariat for Maritime Fisheries, or to any of the places provided for in Article 38.4 of Law 30/1992,

of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

2. Those applications shall be completed in accordance with the model in Annex I and shall be accompanied by the following documentation:

a) Draft constitution or participation in the joint venture.

(b) A fishing licence or document issued by the fishing authorities of the third country for which they accept the vessel or the joint venture for the exploitation of their fishery resources.

(c) Certificate of the Commercial Register referred to the vessel, indicating the absence of charges and charges. In the case of the existence of charges or charges, express authorisation of the credit institution allowing the contribution of the vessel to the assets of the joint venture.

(d) In order to facilitate the aid referred to in Article 12 of Regulation (EC) 2792/1999, a nominative relationship, per vessel concerned to the project, of the crew members who are enrolled and on the high or in one of the situations They are considered to be high, with their National Identity Document and Social Security affiliation numbers.

e) In the case of a case involving ships larger than 24 meters in length between perpendiculars, each one of them will be provided with an International Certificate of Archery, issued by the General Directorate of the Merchant Navy. pursuant to the provisions of the International Convention on the Arquai of Ships of 23 June 1969.

Until 1 January 2004, in the case of vessels of 24 metres in length between perpendiculars, or minors, express indication of the aid scale that you wish to be applied (TRB or GT), as well as National Certificate of Arqueo issued by that Directorate General of the Merchant Navy.

f) A certified photocopy of the National Identity Document and the applicant's Fiscal Identification Card. In the case of legal persons, or natural persons representing them, they shall also be provided with a copy of the notarial instrument of which the relevant powers are to be able to act on behalf of those legal persons.

g) First certificate of navigability of each vessel and, failing that, certified photocopy of the seat sheet of maritime registration, duly updated.

h) Certificate of the Tax Agency and the General Treasury of Social Security to be found in compliance with its tax and social security obligations or, authorization of the person concerned to the Ministry of Agriculture, Fisheries and Food to obtain from the Tax Agency and the General Treasury of Social Security such information, in accordance with the provisions of Article 14 of Royal Decree 209/2003, of 21 February and the Order PRE/1551/2003 of 10 June which develops it.

i) Accreditation that the requirements for the exercise of fishing activity and age and tonnage of vessels are met in the terms of Article 43 of Royal Decree 1048/2003 of 1 August 2003.

j) a copy of the letter of intent of the joint venture, in which the various legal elements envisaged must be described as accurately as possible;

(k) Financial plan indicating the contributions of the various shareholders both in kind and in liquid; the threshold for the participation of the Community and third-country partners; the proportion of the aid which is invest in liquid in the capital of the mixed society.

(l) The activity plan of a minimum duration of five years indicating, in particular, the forecasts for the fishing zones, landing zones and final destination of the catches.

(m) the service and activity of the vessel in the last five years, and the conditions for the exercise of such activity; indication of fishing areas (Community waters or other waters). Community, national or regional aid received.

n) Copy of the insurance contract.

3. The time limit for the submission of applications shall be 30 September 2004.

Article 6. Resolution.

1. The General Secretariat for Maritime Fisheries shall resolve the procedure, by delegation of the Minister of Agriculture, Fisheries and Food, pursuant to the provisions of the APA/749/2003 Order of 31 March on the delegation of powers to the Ministry of Agriculture. Agriculture, Fisheries and Food.

2. Three months after the submission of the aid application without any express resolution, it will be possible to understand it.

3. The decision shall be notified to the persons concerned in accordance with Articles 58 and 59 of Law No 30/1992 of 26 November 1992 on the legal system of public administrations and the common administrative procedure, without prejudice to the publication provided for in Article 81 (7) of the recast text of the General Budget Law and Article 6 (7) of the Rules of Procedure for the granting of public subsidies, approved by the Royal Decree 2225/1993 of 17 December.

4. The resolution shall terminate the administrative route in accordance with the provisions of the Additional Disposition, 15th of Law 6/1997, of 14 April of the Organization and the Functioning of the General Administration of the State, with the possibility of interposing administrative-administrative action within two months, in accordance with the provisions of Law 29/1998 of 13 July, regulating the jurisdiction of the Administrative and Administrative Jurisdiction, and with prior and potential character, the replacement of the Article 116 of Law No 30/1992 of 26 November 1992 of the Legal Regime of the European Communities Public administrations and the Common Administrative Procedure, before the Minister of Agriculture, Fisheries and Food.

Article 7. Request for Payment.

1. Those applicants for whose applications have fallen favourable and who meet the requirements laid down in this Order must apply for payment of the aid within the maximum period of five months to the Directorate-General for Fisheries structures and markets, in accordance with the model in Annex II.

2. The application for payment shall be accompanied by the following documentation:

(a) Certification of the customs clearance of export of the vessel (s) concerned to the project.

b) Certification of the final discharge in the third list of the Matriculation Register of Spanish ships of the ship or ships transferred to the third country within the project.

(c) Certificate of registration of the ship or vessels of the Maritime Registry of the third country where the joint venture has been established in the name of the vessel.

(d) Licence or fishing licences for the vessel or vessels extended by the competent authority of the third country where the joint venture or, failing that, the administrative grant of a fishing permit or document has been granted extended by the said authority to enable fishing in that country.

e) Resolution on the registration of the joint venture in the Official Register of Fisheries Companies in Third Countries.

(f) Certificate of the Autonomous Community for each port based on the vessels incorporated in the aid application file, in which it consists of the aid received from that vessel in the last 10 years and the applications or files pending aid for the same vessel.

g) Certificate of the Tax Office and the General Treasury of Social Security to be informed in the fulfilment of its tax and social security obligations, except as previously provided by the authorization to the Ministry of Agriculture, Fisheries and Food to obtain from the Tax Agency and the General Treasury of Social Security such information.

(h) For each of the vessels affected by the project, a list of names of the crew members who go to work in the joint venture, with their national identity and high social security document numbers.

(i) Certification of the banking institution in which the code of the bank, the branch and the account number of the applicant are recorded. In addition, he will have to appear before the Directorate General of the Treasury and Financial Policy for his reason.

(j) Accreditation that the fishermen in question are aware of the relevant aid for the export of the vessel or vessels concerned.

k) Copy of the contract of insurance of the vessel or of the ships, covering at least the risks of loss or disablement for its activity for any cause.

l) Document certifying that the ship is in the third country.

(m) Justicizer of having constituted a bank guarantee for an amount equal to 20 per cent of the aid.

Article 8. Payment of the aid.

1. The Ministry of Agriculture, Fisheries and Food shall pay 80 per cent of the premium to the applicant after all the requirements laid down. This 80 per cent will be paid out with the entire national financial contribution, in accordance with the levels of participation indicated in Table 3 of Annex IV to Regulation EC 2792/1999, and the rest with Community funds.

The balance of the premium-the remaining 20 per cent-will be paid out with Community funds to the applicant after five years of activity and after receipt of the reports for the first five annuities on the implementation of the activity plan, as referred to in Article 7 of Royal Decree 601/1999.

2. The security shall be released at the time of the approval of the reports for the fifth year, provided that all the conditions are met.

Additional disposition first. Applicable rules.

In all the non-foreseen in this Order will be applicable as set out in Articles 81 to 84 of the General Budget Law, recast text approved by the Royal Legislative Decree 1091/1988, of 23 September, and in the Rules of Procedure for the granting of Aid and Public Grants, approved by Royal Decree 2225/1993 of 17 December 1993.

Additional provision second. Calculation of the age of the vessel.

For the purposes of this Order, the age of the vessel shall be the integer defined as the difference between the year of the granting of aid and the year of its entry into service.

The date of entry into service of the vessel is considered to be the date of issue of the first certificate of navigability, and in the absence of such a certificate, the vessel shall be deemed to have entered service in the the date of their first registration in the Third List of the Register of Matriculation.

Single transient arrangement. Applications submitted during the year 2003.

This Order shall apply to applications for assistance submitted from 1 January 2003.

Single repeal provision. Regulatory repeal.

The Order of 13 March 2000 on the constitution and the aid scheme for joint ventures is hereby repealed.

Final disposition first. Faculty of development.

The General Secretariat for Maritime Fisheries and the Director-General of Fisheries Structures and Markets are empowered, in the field of their respective powers, to dictate how many provisions are needed in development and compliance. of this Order.

Final disposition second. Entry into force.

This Order shall enter into force on the day following that of its publication in the Official Gazette of the State.

Madrid, 1 August 2003.

CANETE ARIAS

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