Regulation (EC) No 2561/2001 of 17 December 2001 on the promotion of the conversion of fishing vessels and fishermen who ceased their activity on 30 November 1999 for the non-renewal of the Agreement on the Fisheries between the European Union and the Kingdom of Morocco lays down a number of requirements and additional measures to Council Regulation (EC) 2792/1999 of 17 December 1999 laying down the detailed rules and conditions for assistance with the structural aim in the fisheries sector.

Royal Decree 137/2002 of 1 February 2002 establishing support measures for shipowners and crew members of the fishing fleet affected by the completion of the Fisheries Agreement between the European Union and the Kingdom of Morocco, develops within the internal field Regulation (EC) No 2561/2001.

The Statutes of Autonomy of Ceuta and Melilla do not attribute to these cities competence in matters of management of the fishing sector, so the management in this territorial scope of the provisions of the aforementioned Royal Decree 137/2002, corresponds to the Ministry of Agriculture, Fisheries and Food. In addition, there is a centralised management of the Joint Society's constitution.

Consequently, it is necessary to develop Royal Decree 137/2002, in order to allow its centralized execution in Ceuta and Melilla. It also contains the normative development of aid under the constitution of Joint Societies.

To this end, the present Order is elaborated having been consulted the social agents and the fishing sector interested. The procedure laid down in Article 88 (3) of the Treaty establishing the European Community has also been complied with:

PRELIMINARY CHAPTER

Object

Article 1. Object.

The purpose of this Order is to establish the regulatory basis for granting the aid provided for in Royal Decree 137/2002 of 1 February 2002 laying down measures to support shipowners and crew members of the fleet. fishing affected by the completion of the Fisheries Agreement between the European Union and the Kingdom of Morocco, in the territorial area of Ceuta and Melilla and by the establishment of joint ventures throughout the national territory.

CHAPTER I

Mixed Societies

Article 2. Conditions for obtaining financial aid.

The vessels provided to the joint venture must be included in the Census of the Operational Fishing Fleet, have a minimum of five and a maximum of twenty-nine years, and a tonnage of not less than 20 Tonnes of Gross Registration (GRT) or 22 Tons of Gross Archon (GT).

Article 3. Requests.

1. The shipowners of Spanish fishing vessels wishing to obtain the aid provided for in Article 2 of Royal Decree 137/2002 for the participation of joint ventures may submit applications to the Excmo. Mr Minister for Agriculture, Fisheries and Food, at the General Secretariat for Maritime Fisheries, or in 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 Procedure Common Administrative Board, in accordance with the model set out in the Annex to this Order before 31 March 2003.

2. The following documents must necessarily be accompanied by the application:

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 assimilated to the 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 Arqueing of Ships of 23 June 1969.

In the case of vessels of 24 meters length between perpendiculars, or minors, express indication of the scale of aids that they wish to be applied (TRB or GT), as well as National Certificate of Arqueo issued by that Directorate General of the Merchant Navy.

f) Photocopy photocopies of the national identity card and the applicant's tax 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 maritime registration seat sheet, duly updated.

h) Certifications that applicants are aware of their tax and social security obligations.

3. In the event that all the data or documentation is not provided, or the requirements referred to in this Article are not met, the person concerned shall be required to provide, within 10 days, the absence or accompanying of the documents. prescriptive, indicating that, if this is not the case, the application will be withdrawn from the application and will be closed without further processing.

4. All applications submitted since 1 July 2001 may be covered by this Order, for which the parties concerned must submit a supplementary application in this respect, provided that they have the period of time, at least six months from 1 January 2000 to 31 December 2001, as provided for in the single transitional provision of Royal Decree 137/2002.

Article 4. Processing requests.

Once all the requirements set out in the previous article and known the percentage of Spanish crew maintenance, the estimated percentage of destination, the supply of the community market to be realized for the vessels concerned, the joint venture project and the main catch species, a report will be requested from the Directorate-General for Fisheries Resources, which provides for the situation of the fishing grounds and the possibilities for access to the waters of the countries concerned.

Article 5. Resolution.

1. The Secretary-General for Maritime Fisheries shall, by delegation of the Minister for a reasoned resolution, give a reasoned decision within five months from the date on which the application has entered the Register of the Ministry of Agriculture, Fisheries and Food, which shall be notified to the person concerned in accordance with Articles 58 and 59 of Law No 30/1992.

The resolutions referred to in this Article end the administrative route, with the possibility of bringing, where appropriate, the administrative-administrative appeal, in accordance with the provisions of the legislation in force.

2. Any change in the conditions under which the aid was granted, and in particular the change of country, and the incorporation, withdrawal or change of the vessel or vessels concerned, shall specify the express authorisation of the General Secretariat for Maritime Fisheries.

Article 6. Obligations of the beneficiaries.

Once a favourable resolution has been passed, the Directorate-General for Fisheries Structures and Markets shall pay the aid concerned upon request by the person concerned to be made within a maximum period of five months from the date of the decision. and 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 Spanish Ship or Ship Matriculation Register 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 the fishing permit or document has been granted extended by the said authority to enable fishing in that country.

e) Resolution of 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 for processing, of aid for that same vessel.

g) Certifications to be aware of tax and social security obligations.

(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. This certificate must be presented to the Directorate-General of the Treasury and Financial Policy for its reason.

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

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

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

(m) Justicizer of having constituted a bank guarantee for an amount equal to 40 per 100 of the aid.

Article 7. Limits to aid.

1. Aid for the establishment of joint ventures may not exceed 80 per 100 of the amount indicated in Tables 1 and 2 of Annex IV to Regulation (EC) 2792/1999, increased by 20 per 100, and shall be adjusted to the levels of participation. set out in Table 3 of the same Annex. For ships from 5 to 10, years will apply for ships of 10 to 15 years, and, for vessels of 16 to 29 years, the aid will be reduced by 1.5 per 100 for each year that exceeds 15 years.

2. In accordance with Article 10 (3) (b) of Regulation (EC) No 2792/1999, financial aid for joint venture projects shall not be cumulable with Community aid granted under Regulations (EEC) No 2908/83, (EEC) No 4028/86 and (EC) 2468/98. However, these premiums will be reduced:

(a) In part of the amount previously received in the case of aid for modernisation or premium to a temporary association of undertakings, this part shall be calculated pro rata temporis of the period of five years preceding the date of of the customs document of export of the vessel.

b) In part of the amount received previously in the case of construction aid. This part shall be calculated as 'pro rata temporis' from the 10-year period preceding the date of the ship's export customs document.

The time reference for the beginning of the calculation of the aid to be counted "pro rata temporis" shall be that of the date of entry into service of the vessel in the case of aid to the construction, the date of completion of the works in the case of aid for modernisation, and the date of the end of the temporary association in the case of aid for this purpose. The final date for such a calculation shall be that of the customs document of export of the vessel or, failing that, that of the entry of the entry in the Seat Sheet. '

Article 8. Payment.

1. The Ministry of Agriculture, Fisheries and Food shall pay the whole of the aid to the applicant after the requirements laid down in Article 6 have been met.

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.

3. In the event of the loss of the vessel between the time of the decision granting the aid and the incorporation of the vessel into the joint venture, a financial correction equivalent to the compensation paid by the insurance shall be made.

Article 9. Funding.

The financing of the aid corresponding to the national aid will be carried out from the budget of the Ministry of Agriculture, Fisheries and Food, for the budget concept 21.09.18B.776.02 -" Societies "- and the expenditure commitments of each year shall not exceed the appropriations authorised in the budget of each year. The Community aid, under the Financial Instrument for Fisheries Guidance (FIFG), shall be carried out in accordance with the limits laid down in Annex 4. of Regulation (EC) No 2792/1999 fixing a maximum rate of FIFG aid of 75%. target regions 1, and 50 per 100 for the rest of the regions.

The resolution and payment of the aid shall be conditional at all times on the availability of credit in the corresponding budget item in the General Budget of the State, as well as on the Community funds allocated for this type of support.

Article 10. Periodic information.

Those responsible for the joint venture must submit to the General Secretariat for Maritime Fisheries the periodic reports of their activity within the deadlines and in the form set out in Royal Decree 601/1999 of 16 April.

CHAPTER II

Ceuta and Melilla fishing vessels

Section 1. Modernisation and conversion of fishing vessels

Article 11. Requirements.

1. The modernisation and conversion of fishing vessels subject to aid may be carried out only on vessels of the Third List of the Register of Ships, which are duly registered in the Census of the Fishing Fleet. Operational.

2. In order to grant aid, it will be essential that the project for modernisation or conversion has the required authorisation, granted by the Directorate-General for Fisheries Structures and Markets.

3. Investments shall relate to one or more of the following:

(a) The rationalization of fishing operations and improvement of their control, in particular by the use of new on-board technologies and more selective fishing methods to avoid unwanted by-catches.

b) Improving the quality of fish and retained products on board, the use of better fishing techniques and catch conservation, and the application of laws and regulations.

c) Improving working and security conditions.

d) Changing the fishing gear.

Article 12. Requests.

1. Applications shall be submitted by 31 March 2003 to the Minister for Agriculture, Fisheries and Food at the General Secretariat for Maritime Fisheries or at any of the places provided for in Article 38.4 of Law No 30/1992.

2. The following documents shall accompany the application:

a) Certification of failure to initiate modernization or conversion at the date of the application.

b) When equipment procurement is required, pro forma or quote invoices will be provided.

c) Certification of the Commercial Register of the ownership of the vessel or a notarized copy. The entitlement must be credited at the time of the request.

d) Project or estimate by competent technician.

e) Photocopy of the National Identity Document and the Applicant's Tax Identification Card.

Article 13. Resolution.

The Secretary-General for Maritime Fisheries shall, by delegation of the Minister, make a reasoned decision within five months of the date on which the decision is entered in the register of the Ministry of Agriculture, Fisheries and Food, which shall be notified to the persons concerned in accordance with Articles 58 and 59 of Law No 30/1992 of 26 November.

The deadline for the resolution of the applications submitted will end on 30 June 2003.However, the deadline for payment of the aid will be 31 December 2003.

Article 14. Payment.

Once the decision in favour of the granting of the aid has been given and the works of modernisation or conversion of the vessel have been completed, the payment shall be requested by accompanying the following documentation.

a) Certificate of completion of works. In the case of conversion works involving the modification of the main characteristics of the vessel, certificate of tonnage of the vessel in TRB and GT.

b) In the event that the resolution referred to in the previous article of this Order would have required the contribution of casualties, certificate of the competent Maritime Capitania in which the lower or lower is referred to Frozen vessels, certifying the withdrawal of the fishing activity by the delivery of the navigation patent and the role and start of the scrapping file.

(c) invoices and supporting documents covering at least the eligible expenditure base for the granting of the aid.

d) Certifications of the tax administration and Social Security payments.

Article 15. Funding.

1. The financing of the aid will be carried out through the implementation of the budgetary concept, under the Ministry of Agriculture, Fisheries and Food, 21.9.718B.777.01 -"Modernisation of fishing vessels"-. The same budgetary concept will be attributed both to the national funding part and to the share of the Community funding.

2. The amount of the aid shall be in accordance with the scales set out in Tables 1 and 2 of Annex I to Royal Decree 3448/2000, increased by 30 per 100.

3. The amount of the grants shall in no case be such that, in isolation or in competition with grants or aid from other public authorities or other public or private entities, national or international, it exceeds the cost of the activity to be developed by the beneficiary.

Article 16. Refit.

In cases where a vessel has received aid for modernization or conversion under this Order and causes low in the Census of the Operational Fishing Fleet within five years of the date of completion of the the work must be reintegrated into the proportional share, depending on the time taken from the aid received for its modernisation or conversion.

Section 2. Adjustment of fisheries agreements

Article 17. Concept.

1. The permanent cessation of vessels will result in the elimination of all fishing activities by the vessels, the cancellation of the fishing licence and its reduction in the Census of the Operational Fishing Fleet and the Register of the Ship Matriculation.

2. This deletion of the activity can be done by:

(a) The scrapping of the ship or the replacement of the scrapping.

(b) The final transfer of the vessel to a country outside the European Union, or candidate for accession, provided that such export does not constitute an infringement of international law or the failure to comply with conservation and management rules (a) of the fisheries resources, without an increase in the fishing effort and adequate guarantees as regards the working conditions of the fishermen. The vessel must be registered in the third country without delay and the prohibition of refishing in Community waters shall apply. That prohibition shall apply, including, in the case of a change in the name of the vessel.

(c) The final transfer of the vessel to a third country may also be carried out within the framework of a joint venture, taking into account the conditions laid down for that purpose in Chapter I of this Order.

d) Final allocation to the conservation of the Historical Heritage.

(e) Allocation for the carrying out of research activities, fishing training of public or similar bodies, or even control of fishing activities. In this case, only the Third List and the Census of the Operational Fishing Fleet will be discharged.

Article 18. Requirements.

Final cessation aid shall be granted only to fishing vessels with a base port in Ceuta or Melilla, which meet the following requirements:

a) That they are enrolled in the Census of the Operational Fishing Fleet.

b) That they are active and are more than ten years old.

(c) In the case of paragraph 2 (b) of the previous Article, no public aid for this concept shall be permitted for vessels of less than 20 Tonnes of Gross Registration (GRT) or 22 tonnes of Gross Archon (GT), or that they are 30 years or older.

Article 19. Amount of aid.

1. Permanent cessation aid paid to beneficiaries may not exceed the following amounts:

(a) For the aid referred to in Article 17 (2) (a) and (c):

For ships of ten to fifteen years: We are listed in Tables 1 and 2 of Annex I to Royal Decree 3448/2000 of 22 December 2000 laying down the basic rules for structural aid in the fisheries sector.

For ships of sixteen to twenty-nine years old: Let's come from Tables 1 and 2 of Annex I of Royal Decree 3448/2000, reduced by 1.5 percent for each year that exceeds fifteen years.

For ships of thirty years or more: Let's ship from Tables 1 and 2 of Annex I to Royal Decree 3448/2000, reduced by 22.5 percent.

The maximum amounts of aid will be the previous scales, increased by 20 percent.

(b) As regards the aid provided for in Article 17 (2) (b):

The minimum age forecast is reduced to 5 years. For vessels of 5 to 9 years, the vessels of 10 to 15 years shall apply.

The maximum amounts of aid provided for in paragraph 1 (a) of this Article shall be reduced by 50%.

The definitive cessation aid will not be cumulable with other Community aid.

2. These aids will be reduced:

(a) In part of the amount previously received, in the case of aid for modernisation or conversion or aid to a temporary association of undertakings, this part shall be calculated in proportion to the time, within the period of five years. years preceding the permanent cessation. This period shall begin to be counted, in the case of modernisation or conversion, from the date of completion of the works and, in the case of a temporary association of undertakings, from the date of the end of the marketing year.

In the case of the final transfer of a ship to a third country, "pro-rata temporis" will be deducted for construction in the previous 10 years and those received for modernization in the previous 5 years.

(b) In the case of scrapping aid, the provisions of the preceding paragraph shall not apply, provided that the modernisation aid has been received under Regulation (EEC) 3699/93 and Royal Decree 798/95, without prejudice to the application of the above rules to aid received under the transitional provision of the first Royal Decree.

Article 20. Requests.

1. The submission of applications shall be in accordance with the provisions of Article 12 of this Order.

2. For the purpose of calculating the aid, the application shall be expressly indicated in the application for the intended form of implementation of the permanent cessation and the option which may be exercised in respect of vessels less than 24 metres in length between perpendiculars, between TRB and GT.

3. The application must be accompanied by the following documentation:

a) Certified Maritime Enrollment Seat Sheet.

b) Photocopy photocopies of the National Identity Document and the applicant's tax identification card. In the case of legal persons, or natural persons representing undertakings, the document certifying the representation shall be provided.

c) Nominative relationship of crew members enrolled before 30 November 1999 and the discharge, or in any of the situations assimilated, with their numbers of National Identity Document, Tax Identification and affiliation to the Social Security.

Article 21. Resolution.

The resolutions shall be in accordance with the provisions of Article 13 of this Order.

Article 22. Funding.

The budgetary concepts under the Ministry of Agriculture, Fisheries and Food, for which national aid is financed, are 21.9.718B.776.00 -"Wogling of fishing vessels"- and 21.9.718B.776.01 -"Exports and other assignments"-. The same budgetary concepts will be attributed both to the national funding part and to the share of the Community funding.

Article 23. Payment.

The beneficiary, within six months of receipt of the decision in favour of granting the aid, shall request its payment by accompanying the following documentation:

(a) Supporting documentation of the final withdrawal of the vessel:

Certificate of the Maritime Captaincy of Scrapping or Substitute Substitute, Customs Document of Export, or in its defect, Certified Maritime Enrollment Seat Sheet, in which the vessel's discharge is indicated.

b) Current registration of ship ownership and cargo status.

(c) Certification issued by the competent authority of the aid received by the vessel concerned in the last five years.

(d) Accreditation of having communicated to the crew the resolution of the corresponding aid for the cessation of the vessel.

Article 24. Conditions to be met by the beneficiary after the granting of the aid.

1. After the final cessation, the fishing license will be left without effect and the vessel will be definitively excluded from the Census of the Operational Fishing Fleet.

2. In the event of loss of the vessel between the time of the decision granting the aid and the actual permanent cessation, a financial correction equivalent to the compensation paid by the insurance shall be made.

3. A vessel transferred to a third country to replace a disaster-stricken vessel owned by a joint venture shall not be eligible for public aid for permanent cessation.

4. In the case of a final transfer to a third country, the vessel must register with the third country without delay and the final ban on returning to Community waters shall be applied, under the same conditions as provided for in paragraph (b). of Article 17.

5. Vessels which have been the subject of permanent cessation aid may not be provided as low for new construction or modernisation.

Section 3. Socio-economic measures

Article 25. Beneficiaries.

This aid will be granted to fishermen who were part of the last crew of the fishing vessels to be stopped until 30 November 1999 and who would have received at least six months the aid for cessation of the fishing fleet affected by the Morocco strike during the years 2000 and 2001.

Article 26. Purpose of the aid.

Measures of a socio-economic nature shall consist of: (A) pre-retirements; (B) individual global premiums; (C) non-renewable individual premiums.

A) Establishment of a retirement plan.-Fishermen who fulfil the conditions laid down in this Order may receive, up to the ordinary age of retirement (sixty-five years) or who corresponds, according to the rules of application to the Special Regime of Social Security of the Workers of the Sea, to be inferior, the aid established for a pre-retirement plan.

B) Individual global premiums. -XX_ENCODE_CASE_One fishermen who fulfil the conditions set out in this Order may apply for the granting of individual global premiums, up to a maximum of EUR 12 000 per person, provided that the fishing vessel in which the fishermen are engaged is the subject of a permanent cessation, as set out in Chapter II, Section 2, in the light of the years of activity and contribution to the Special Scheme for Social Security of Workers of the Sea. At least 12 months must have been paid and, in the case of lower contributions, the premium shall be reduced proportionately.

C) Non-renewable global primes. -XX_ENCODE_CASE_One fishermen who can prove at least five years of the occupation may apply for the granting of individual non-renewable global premiums with a view to their conversion. (a) professional training, or the diversification of its activities in a sector other than that of sea fishing. Within a social or collective plan, on the basis of a eligible cost limited to EUR 60,000 per individual beneficiary. The Directorate-General for Fisheries Structures and Markets shall determine the individual amount, depending on the scale of the conversion and diversification project, as well as the financial efforts made by the beneficiary.

Article 27. Control.

The Directorate-General for Fisheries Structures and Markets shall, in each case, adopt the necessary provisions 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 26.

b) Once the payment has been made to the beneficiaries of the individual global premiums and non-renewable global premiums, the General Secretariat of Maritime Fisheries will communicate to the Social Institute of the Navy, the relationship of fishermen that have claimed that aid, for the purposes of controlling that they would not have exercised the profession of fisherman within one or five years, respectively, from the date of the granting of the aid.

In turn, the Social Institute of the Navy will communicate to the General Secretariat of Maritime Fisheries, the relationship of fishermen who have failed to comply with the previous clause, in order to proceed to the full or partial recovery of the aid.

(c) The levying of pre-retirement aid shall be incompatible with the exercise of the fishing activity.

Article 28. Requirements.

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

(a) Being discharged from the Special Regime of the Social Security of the Workers of the Sea, or in a situation assimilated to the High and having completed, at least, at the age of 65 years of age or equivalent, a minimum period of 15-year contribution.

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

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

2. In order to be eligible for individual global premiums, you must be discharged from the Special Scheme of Social Security of the Workers of the Sea and have been listed for a minimum period of 12 months.

3. In order to be eligible for non-renewable global premiums, 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 26 (C).

Article 29. Requests.

1. The submission of applications shall be in accordance with the provisions of Article 12 of this Order. The deadline for submission of applications shall be 31 March 2003.

2. The documentation accompanying the application shall be as follows:

a) Comppressed copy of the applicant's National Identity Document.

(b) Certificate certifying the discharge in the Special Regime of the Social Security of the Workers of the Sea, and having received at least six months the aid for the cessation of the fishing fleet, affected by the lack of agreement with Morocco.

c) For the case of the prejabilization plans, express authorization of the interested person to request from the Social Institute of the Marine report of the data of the work life, in order to be able to determine the recognition and duration of the the right of aid.

d) Supporting documentation of the completion of the work activity, in the case of aid for global and individual premiums and non-renewable global premiums.

Article 30. Resolution.

1. The decisions shall be in accordance with the provisions of Article 13 of this Order.

2. The deadline for the resolution of applications submitted shall be 30 June 2003.

3. The resolution and payment of the socio-economic aid referred to in this Order shall be carried out in a single administrative file.

Article 31. Payment.

1. In order to make the payment of the individual premium, the beneficiary must have submitted an application accompanied by a working life report.

2. The payment to the beneficiaries of the pre-retirement plans shall be made by the General Secretariat of Maritime Fisheries, through the Collaborating Entities, which, for this purpose, shall designate in accordance with the provisions of Article 81 of the General Budget Law.

This aid, together with the corresponding unemployment benefit, will guarantee the worker a social benefit of EUR 910,53 per month, increased by 2% each year from 1 January 2002.

3. The share of the aid will be co-financed with European funds, while the part corresponding to the subscription of the special agreement will be financed by national funds.

4. Workers may receive such aid until they reach the ordinary retirement age or the age corresponding to it, according to the rules of application to the Special Scheme for the Social Security of the Workers of the Sea.

5. The Collaborating Entities shall present the economic quantification and breakdown of the pre-retirement plan, as well as a commitment certification to carry out in full the same.

Article 32. Default drawback.

1. Failure by the beneficiary of any of the obligations referred to in this Order shall give rise to the initiation of the file of partial or total recovery of the aid received, plus the legal interests which will be application.

2. If the refund procedure has been initiated as a result of facts which may constitute an administrative infringement, they shall be brought to the attention of the competent body for the initiation of the relevant file sanctioning.

3. In the event that the pre-retirement plan is interrupted, the Contributing Entity will be obliged to reintegrate the aid that is left to the Public Treasury and to send a copy of the supporting document to the General Secretariat for Maritime Fisheries.

4. As far as pre-retirement plans are concerned, the non-compliance by the Contributing Entity, in the payment to the beneficiary of the aid, will be in accordance with the General Budget Law.

Article 33. Funding.

The financing of the socio-economic aid will be carried out under budget implementation 21.9.718B.779.01 -"Socio-economic measures"- of the Ministry of Agriculture, Fisheries and Food. The same budgetary concept will be attributed both to the share of national funding, and to the share of Community funding.

Article 34. Justification for payments.

Once the total payment of the pre-retirement plans has been finalized, the Contributing Entity will be obliged to send to the General Secretariat of Maritime Fisheries the documentary support that justifies all the payments. Such an obligation shall also be effective in the event of suspension or interruption of aid.

Additional disposition first. Compatibility of the aid.

The aid provided for in this Order will be paid once the European Commission has given its opinion on the compatibility of the aid under Article 88 (3) of the Treaty establishing the European Community. European.

Additional provision second. Age of vessel.

For the purposes of this Order the age of the vessel shall be the whole number defined as the difference between the year of the date of the decision granting the aid and the year of its entry into service.

It is considered that the entry into service of the ship is the one that coincides with the issue of the first certificate of navigability and, in the absence of such certificate, the ship will be understood to have entered service on the date of its first registration in the Third List of the Register of Matriculation.

Single end disposition. Entry into force.

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

Madrid, 5 March 2002.

CANETE ARIAS

ANNEX

1. Draft constitution for a joint venture. (to be filled in by the applicant for each project, machine or print character).

1.1 Project for the realization of a joint venture between the following Community shipowner or shipowners:

Name/social reason................................................ .

Name/social reason................................................ .

Name/social reason................................................ .

and the following third country partners.

Name/social reason and nationality....................................... .

Name/social reason and nationality....................................... .

Name/social reason and nationality....................................... .

in order to exploit and exploit the fisheries resources of the following third country: .

................................................... .

with ships each representing the following TRB/GT and age:

...................................... TRB/GT, y.................... years of age.

...................................... TRB/GT, y.................... years of age.

...................................... TRB/GT, y.................... years of age.

The undersigned declare under their responsibility the veracity of the data discharged in this application, as well as knowing and their commitment to respect all the provisions, Community and national, concerning the aid to joint ventures.

(Place, date, and signature.)

(Name and signature of the requester or applicants.)

2. Identification of the applicant.

Name/social reason................................................ .

national identity card/tax identification code numbers................................................................................................................................... ... .

domicile....................................................... .

population........................ , postal code................... .

telephone................................. , telex/fax..................... .

Organization of producers, cooperative or other body that, where appropriate, represents the applicant:

Name/social reason................................................ .

national identity card/tax identification code numbers................................................................................................................................... ... .

domicile....................................................... .

population........................ , postal code................... .

telephone................................. , telex/fax..................... .

Previously received aid:

Help Object

Date	Cuantia
Modernization	(1)	-
Time Association	(2)	-
Build	(3)	-

(1) Date of completion of the works.

(2) A.T. End Date

(3) Date of entry into service of the ship.

(These dates will be considered for the purpose of the "pro rata temporis", with respect to the ship's export date.)

3. Identification of the joint venture.

3.1 The date envisaged for the establishment of the joint venture is the............................................................................................................................ .

3.2 Community participation in the capital of mixed society is raised to the........................................................................................... per 100.

3.3 Legal Aspects.

(a) Attach a copy of the letter of intent of the joint venture.

b) Describe as accurately as possible the various legal elements envisaged.

3.4 Technical and commercial aspects.

(a) Attach a financial plan indicating the contributions of the various shareholders 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.

(b) Attach an 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.

4. Identification of the vessel (s) (fill in one form for each vessel affected the joint venture).

4.1 Vessel Identification:

Name................................................. .

TRB/GT............ ................. ., power (KW)........... .

Tuition.............. ................... ., CFPO code........... .

Type of ship....................... ., base port.................. .

Fishing mode..................... ................................................. date of entry into service............... .

4.2 Service and activity of the vessel in the last five years, and conditions for the exercise of this activity; indication of fishing zones (Community waters or other). Community, national or regional aid received.

4.3 Property of the ship.

Owner/s............................................ .

4.4 Spanish crew expected:

Number of officers................................................. .

Number of seamen..................................................... .

4.5 Attach a copy of the insurance contract.

EXCMO. MR. MINISTER FOR AGRICULTURE, FISHERIES AND FOOD.