Royal Decree 798/1995 of 19 May 1995 laying down the criteria and conditions for structural assistance in the fisheries, aquaculture and marketing sectors, processing and marketing promotion of its products; it provides that applications for aid for the construction, modernisation and conversion, final withdrawal of fishing vessels, improvement of the marketing of fishery and aquaculture products and of the fishing port equipment, shall be processed and resolved by the competent bodies of the Autonomous Communities.

Royal Decree 312/1996 of 23 February establishing socio-economic measures in the fisheries sector specifies the types of aid for pre-retirement and individual global premiums for the workers concerned. for the final withdrawal of vessels or their contribution to joint ventures.

The Community initiative 'fisheries' is also envisaged within the framework of Article 11 of Regulation (EEC) No 4253/88 of 19 December 1988 laying down detailed rules for the application of Regulation (EEC) No 4253/88. On the one hand, on the one hand, 2052/1988 on the coordination of assistance from the Structural Funds, and on the other, from those of the European Investment Bank and with those of the other existing financial instruments, as amended by the Regulation 2082/1993.

The Plan of Action for Artisanal Coastal Fishing in Ceuta is also included, referring to the granting of aid for the modernization of vessels of a total length of less than nine meters or, in the case of those who can fishing for trawl, less than 12 metres, at the same time as they are accompanied by training measures.

The Statutes of Ceuta and Melilla do not attribute to these cities competence in the field of management of the fisheries sector, so the management and payment of the aid in this area of competence correspond to the Ministry of Agriculture, Fisheries and Food.

Article 81 (6) of the General Budget Law provides that public aid shall be granted under the principles of publicity, competition and objectivity and, for such purposes, the Ministers shall lay down the basis for Regulatory framework for the granting. It is also necessary to take into account the provisions of Royal Decree 2225/1993 of 17 December 1993 on the regulation of the procedure for the granting of public subsidies and the Order of 3 June 1996 on the delegation of Powers of the Ministry of Agriculture, Fisheries and Food.

This Order is dictated on the basis of the state fisheries management competition established in Article 149.1.19 of the Constitution.

In the elaboration of this Order the cities of Ceuta and Melilla have been consulted and the interested sector has been heard.

In its virtue, I have:

Article 1. Object.

By this Order, the regulatory bases and the call for the granting of the aid for investments in the cities of Ceuta and Melilla, directed at competitive competition, are established. the construction, modernization and conversion, permanent cessation of fishing vessels, improvement of the marketing of fishery products, aquaculture and the equipment of fishing ports, socio-economic measures and plan for the small-scale coastal fishing in Ceuta and the Community Initiative "Fisheries", in accordance with the criteria laid down, respectively, in Royal Decree 798/1995 of 19 May 1995 laying down the criteria and conditions for structural assistance in the fisheries, aquaculture and marketing sectors, the transformation and promotion of its products, and Royal Decree 312/1996 of 23 February on socio-economic measures in the fisheries sector, and in accordance with the Action Plan for the Artisanal Coastal Fisheries in Ceuta and the Initiative Community "Fisheries".

I. CONSTRUCTION OF FISHING VESSELS

Article 2. Authorization.

1. Applications for authorisation for the construction of fishing vessels shall be addressed to the General Secretariat for Maritime Fisheries (Ministry of Agriculture, Fisheries and Food), which shall process those applications in accordance with the provisions of the Articles 4, 5, 6, 7 and 8 of Royal Decree 798/1995 of 19 May.

2. The General Secretariat for Maritime Fisheries shall resolve the construction file in the field of its powers, and shall authorise or refuse its construction. In the event that the construction authorization is granted, the person concerned and the Ministry of Public Works shall be notified of this, for the purposes of Article 62 of Royal Decree 1027/1989 of 28 July 1989 on the flag, registration of ships and maritime registration.

Article 3. Presentation of documents.

With the application for authorization referred to in the previous article, the following documents shall be submitted:

(a) Instance addressed to the Secretary-General for Maritime Fisheries, with an express indication of the port, modality and fishing port planned for the new construction.

b) Brief Technical memory specifying the type of vessel to be constructed, tonnage in gross registered tonnage (GRT) and gross tonnes (GT), as well as main characteristics of the vessel, indicating the power, the mark, the model and type of engine or propulsion engines to be installed.

(c) Low folder, which shall be composed of the following original documents, for each ship provided as low:

1) Full, literal and certified seat sheet on all of its pages, including the low input.

2) Certification issued by the relevant Maritime Captaincy, specifying that the vessel or vessels contributed as low must have exercised the fishing activity for a minimum of 120 days in the 12 months immediately prior to the date of commencement of the construction file or, where appropriate, the date of submission of the documentation of the discharge.

This certification will not be necessary in the cases provided for in the second subparagraph of Article 4.1 (e) of Royal Decree 798/1995; nor will it be required for ships lost by accident, being replaced by a declaration. If the applicant for the new construction is not the owner of the discharge, which shall be accompanied by a copy of the decision, if any, of the proceedings initiated against the applicant, the applicant shall, in the event of a loss of the vessel and transfer of the rights of the effect.

3) Low commitment, formulated in original document and for one time by the owner of the vessel to be replaced, to the peripheral authority of the Ministry of Agriculture, Fisheries and Food where the base port is low, stating the commitment to immobilize and definitively remove from the fishing activity the vessel contributed as low at the time of entry into service of the new unit.

Where the applicant for the new construction is not the registrant of the ship provided as low at that time, the transfer of rights of the vessel's discharge to replace the applicant's favour shall be included. This cession of rights must be endorsed by the Treasury, with the model 600 form of Taxes on Patrimonial Transmissions and Documented Legal Acts.

d) Certificate of Commercial Registration on ownership of the vessel that is provided and absence of charges and levies.

II. FINANCIAL AID FOR THE CONSTRUCTION OF FISHING VESSELS

Article 4. Applications.

1. Applications for financial assistance shall be addressed to the Minister for Agriculture, Fisheries and Food.

2. The granting of the aid will be conditional on compliance with the requirements of Articles 9, 10, 11 and 15 of Royal Decree 798/1995 of 19 May 1995.

For the event of the circumstances provided for in Articles 12, 13 and 14 of the said Royal Decree, the provisions and requirements of the aforementioned articles will be met.

3. The competent authority of the General Secretariat for Maritime Fisheries shall inform the person concerned of the aid granted.

Article 5. Perception of aid.

1. For the collection of national aid, the person concerned shall request recovery, accompanied by the following documentation:

a) Certification certification of the beginning of construction.

b) Certification of the expenditure made in the corresponding works.

(c) Sufficient accreditation to meet the payment of tax and social security obligations.

(d) Commitment of the shipowner to the return of the quantities which he may receive in the event of the non-completion and entry into service of the vessel.

2. For the payment of the advance of the 50 per 100 corresponding to the Financial Instrument for Fisheries Guidance (FIFG), referred to in Article 15 of Royal Decree 798/1995, of 19 May, the person concerned shall request recovery by accompanying certificate of launching and installation of the engine, as well as the documentation required in paragraphs (b), (c) and (d) of the previous point.

3. The final payment for the FIFG shall be requested after the vessel has been entered into service, with the following documentation:

(a) Certificate of the competent Maritime Captaincy in which it is established that the ships contributed as low are frozen and started the scrapping file.

b) Invoices justifying at least the eligible expenditure base of the grant of the grant.

(c) Justicizers of payment of at least 40 per 100 of the eligible expenditure and commitment of the payment up to 100 per 100.

d) Certificate of navigability of the vessel.

4. In the cases provided for in Articles 12 and 13 of Royal Decree 798/1995 of 19 May 1995, professional fishermen have to prove the required requirements as follows:

(a) To be wound up when submitting the application and to have exercised the profession of fisherman, by means of certification issued by the Marine authority, deduced from the book of maritime registration.

(b) Not to own another vessel, by means of a sworn declaration of each and every applicant, or, where appropriate, of being the owner of at least 50 per 100 of the vessel.

c) A commitment to the notary to exploit the vessel individually or collectively for a minimum period of five years from the entry into service of the new vessel.

5. In the case of young fishermen, in addition to requirements (a) and (c), they must prove the age with the national identity card.

6. National aid will be granted from the budget concept 21.10.712H.771 from the general budget of the State, and the Community assistance from the FIFG funds.

III. WORKS FOR THE MODERNISATION AND CONVERSION OF FISHING VESSELS

Article 6. Authorisation.

1. Applications for the approval of works for the modernisation and conversion of fishing vessels, including engine changes, shall be addressed to the General Secretariat for Maritime Fisheries, which shall carry out such requests in accordance with the provisions of the Articles 20 to 26, both inclusive, of Royal Decree 798/1995 of 19 May.

2. The General Secretariat for Maritime Fisheries shall resolve the matter in the field of its powers. The relevant authorisation shall be granted to the person concerned and to the Ministry of Public Works for the purposes of Article 62 of Royal Decree 1027/1989 of 28 July 1989.

Article 7. Presentation of documents.

With the application for the authorization referred to in the previous article, the following documents shall also be submitted:

(a) Instance addressed to the illustrious Secretary-General of Maritime Fisheries, with an express indication of the base port, modality and fishing grounds of the vessel.

b) Brief Technical memory in which the works to be performed are specified in detail, with the indication of the TRB and GT before and after the work, and, where appropriate, the variations in the structural characteristics of the ship.

c) In cases of engine change, the engine shall be marked, model, type and engine power to be replaced and the intended to be installed.

(d) In cases where there is an increase in tonnage or propellant power, it shall be accompanied by a folder of casualties of the vessels of the vessels provided for the increase in power or equivalent tonnage. In this respect the same requirements as specified in Article 3 (c) of this Order shall be fulfilled.

IV. FINANCIAL AID FOR MODERNISATION AND/OR CONVERSION

OF FISHING VESSELS

Article 8. Request.

1. Applications for financial assistance shall be addressed to the Minister for Agriculture, Fisheries and Food.

2. The granting of the aid will be conditional on compliance with the requirements laid down in Articles 27, 28 and 29 of Royal Decree 798/1995 of 19 May 1995.

Article 9. Presentation of documents.

1. In the case of works of modernisation and improvement of the vessel, a copy of the project and its budgets will be accompanied, as well as explanatory notes that reason the need for them.

2. In case of equipment acquisitions, pro forma invoices or budgets will be accompanied.

3. In addition, the following documentation must be accompanied:

(a) Photocopy of the national identity card and the tax identification card of the beneficiary or beneficiaries.

(b) Certification of the Commercial Register of the ownership of the vessel or a copy of the document notarized to the date of application.

c) Bank certification of the bank account and bank account data, for the purpose of recovery of the aid, making it a type of the same, number and entity.

(d) In the case of legal persons, it will be necessary to be able to obtain a notarial power in favour of the beneficiary by means of a specific clause in order to deal with and, where appropriate, receive the aid of Royal Decree 798/1995.

e) Recent photograph of the vessel covered by the aid in the case of modernisation and conversion.

Article 10. Start of the works.

1. The beginning of the works must take place, after the date of registration of the project, before the Delegation of the Government concerned and once certified by a technician of the General Administration of the State works.

2. The works of reform must be initiated within 18 months of the date of the communication of the aid.

3. The works are completed, and before the ship is put into service, the General Secretariat of the Maritime Fisheries will be required to certify the completion of the works.

4. The General Secretariat for Maritime Fisheries shall inform the person concerned of the aid granted.

Article 11. Perception of aid.

1. In order to receive aid for the modernisation of fishing vessels, the following documentation shall be submitted to the General Secretariat for Maritime Fisheries:

a) Invoices justifying at least the eligible expenditure base of the grant of the grant.

(b) Justicizers of payment of at least 40 per 100 of eligible expenditure and commitment of payment up to 100 per 100.

c) End-of-work certificate.

d) Day, month, and year of start and end of jobs.

2. National aid will be granted from the budget concept of the general budget of the State and the Community assistance from the funds from the FIFG.

V. AID FOR THE PERMANENT CESSATION OF FISHING VESSELS

Article 12. Requirements.

1. Aid for permanent cessation shall be granted to shipowners of fishing vessels which comply with the requirements laid down in Articles 56, 57 and 58 of Royal Decree 798/1995 of 19 May 1995.

2. Shipowners who have received Community aid for modernisation under Council Regulation (EEC) No 4028/86 of 18 December 1986 may not receive a permanent cessation premium within a period of five years from the date on which they were granted. the completion of the investment, unless the beneficiary proceeds to its return in full.

Article 13. Deletion of the activity.

The deletion of the activity may be carried out by any of the procedures provided for in Article 55 of Royal Decree 798/1995 of 19 May.

Article 14. Interested.

1. Only the owner of the property of the craft listed in the Trade Register may apply for permanent cessation of the premium, and the premium shall also be collected.

2. In the event of a change of ownership, the new owner must, if he so wishes, apply for the aid by way of a new file, except where the transfer of the property is carried out by administrative, judicial or succession award cause ".

Article 15. Applications.

Applications for financial aid for permanent cessation of vessels will be addressed to the Minister for Agriculture, Fisheries and Food.

Article 16. Presentation of documents.

The application shall indicate the intended form of execution of the final cessation of the vessel and the option between TRB and GT for the purpose of calculating the aid, which may be exercised by vessels of 24 metres or less in length between Perpendicular. It shall be accompanied by the following documents:

(a) Photocopy of the national identity card and tax identification number or tax identification code of the applicant or applicants.

(b) A seagoing seat sheet in which it is expressly stated that it is issued for the purpose of requesting permanent cessation aid and tonnage in GT and/or TRB, depending on the option chosen where appropriate.

c) Certification issued by the Capitania of Port to have exercised the fishing activity in the periods provided for in Article 56 of Royal Decree 798/1995 of 19 May.

d) Certificate of the Commercial Registry, proof of the ownership of the ship in which the lack of charges and charges expressly consists, unless its cancellation is sufficiently guaranteed.

e) Power of attorney in favor of the representative, if any.

f) Nominative relationship of coiled and discharged crew or in any of the situations treated as high, with their national identity card numbers, tax identification number and security affiliation number Social.

Article 17. Instruction and resolution.

The General Secretariat for Maritime Fisheries shall verify compliance with the requirements for the granting of the premium. The Minister for Agriculture, Fisheries and Food may approve it by means of the appropriate resolution, taking into account the available budgetary resources and their suitability for the selection criteria set out in Article 59 (3). of Royal Decree 798/1995 of 19 May 1995.

Article 18. Deadlines.

1. Applications which, by 1 February and 1 October of each year, have their documentation, as required by Article 17, may be taken into account for the granting of aid which takes place in that financial year.

2. Applications which, within three months of the dates referred to in the first subparagraph, are not received shall be deemed to be rejected. However, and unless expressly disclaims from the person concerned, they shall be subject to further consideration in selective processes of successive years.

Article 19. Presentation of documents.

The applicant, within a period of 15 days, to be counted from the receipt by the same of the decision to grant aid, shall present to the General Secretariat of the Maritime Fisheries nominative relationship and signed by the crew members of the the vessel concerned, having been informed of that concession for the purpose of the possible application of the aid provided for in Royal Decree 312/1996 of 23 February establishing socio-economic measures in the fisheries sector. That relationship shall be complied with in accordance with Annex I to this Order.

Article 20. Payment procedure.

The beneficiary, within six months of receipt by the same of the decision to grant aid, shall submit to the General Secretariat for Maritime Fisheries a request for payment, accompanied by the following: documents:

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

(b) Affidavit, if any, of having no economic activity other than fishing.

c) Current registration of ship ownership and cargo status.

Article 21. Export-export.

1. The certificate issued in this regard by the Port Captaincy or the entry-level annotation of the scrapping discharge shall be documentation of the scrapping.

2. In the case of the replacement of the scrapping, the documentation of the previous point may be replaced by proof of the immobilisation of the vessel by way of delivery of the role and patent of navigation, of the initiation of the the replacement of the scrapping and the dismantling of the elements, equipment and fishing accessories which may affect or pollute the marine environment in the sinking.

3. In the case of export, the final withdrawal shall be established by means of a certified copy of the customs clearance of the vessel.

Article 22. Extension.

On account of a higher accredited force, an extension, of a maximum duration of six months, may be granted for the period specified in Article 21 for the submission of the application for payment, which must be requested by the interested before maturity.

Article 23. Financing.

National aid will be granted from the budget concept 21.10.712H.772 of the General Budget of the State and the Community assistance from the funds from the FIFG.

VI. SOCIO-ECONOMIC MEASURES

Article 24. Object.

The processing of the granting of aid to the fishermen affected by structural adjustment of the fleet whose base port is Ceuta or Melilla is regulated, in accordance with the provisions of Royal Decree 312/1996, of 23 of This is the first time that the Commission has been working on this report.

Article 25. Processing of the aid.

Fishermen who are interested and who fulfil the conditions laid down in Article 3 of Royal Decree 312/1996 of 23 February must direct applications for aid to the Minister for Agriculture, Fisheries and Food, once the employment relationship with the undertaking and notified to the shipowner the granting of the premium for the cessation of the vessel or the selection of the joint venture project.

Article 26. Deadlines, form and documentation.

1) Preretirements: Applications for pre-retirement aid must be submitted within 20 days and in writing on the basis of the express request for pre-retirement aid, the applicant's data (name, national identity document and number of members of the Social Security Office), name of the vessel that has ceased in its activity and company to which it belonged.

The application document will be accompanied by the following documents:

(a) Certification of the Maritime Captain of the shipping period referred to in Article 3 (1) (d) of Royal Decree 312/1996.

b) Compressed photocopy of the maritime enrollment book.

c) Certificate of the company with the bases of contribution to the Social Security for common and professional contingencies of the last twelve months.

d) Working authority resolution approving the employment regulation file.

2) Individual premiums: applications for individual premium payments must be submitted within 30 days after the restart of the fishing activity in another undertaking, or six months after the start of the completed its employment relationship with the shipowning undertaking of the ship subject to structural adjustment, in writing on the basis of the express request for the individual premium, the applicant's data (name, national identity document and The name of the ship which has ceased in its activity and undertaking to which it is affiliated to the Social Security belonged.

The application document will be accompanied by the following documents:

(a) Certificate of the Maritime Captain of the shipping period referred to in Article 3 (2) (d) of Royal Decree 312/1996.

b) Certificate of the company with the bases of contribution to the Social Security for common and professional contingencies of the last eighteen months.

c) Working authority resolution approving the employment regulation file.

VII. IMPROVEMENT OF THE MARKETING OF FISHERY AND AQUACULTURE PRODUCTS AND THE EQUIPMENT OF FISHING PORTS

Article 27. Priority investments.

1. Priority investments will be considered for the granting of these aid, as reflected in Article 74.2 of Royal Decree 798/1995 of 19 May 1995 as regards the equipment of the fishing ports.

2. With regard to the marketing at source, priority will be given to investment projects aimed at improving the auctions and their ancillary facilities.

Article 28. Financing.

1. The aid will take the form of a capital grant, taking into account that:

(a) The percentages of the aid under the Financial Instrument for Fisheries Guidance (FIFG), in relation to the eligible costs of investments, shall be those set out in Annex I to Royal Decree 798/1995, in the Table 3, in respect of investments and measures with financial participation of private beneficiaries, and in Table 4, in respect of investments and measures financed by the European Community and the Spanish authorities.

(b) The General Secretariat for Maritime Fisheries of the Ministry of Agriculture, Fisheries and Food shall ensure that the percentage of aid from national funds is at least 5 per 100 of the eligible expenditure, in investments with the participation of private beneficiaries. In the case of investments and measures of a public nature, the percentage of national aid to be guaranteed shall be at least 25 per 100.

2. The national aid shall be granted from the expenditure budget of the Fund for the Regulation and the Organisation of the Market for the Products of Marine Fisheries and Crops (FROM), Section 21, Body 208, Chapter 7, 'Capital transfers', and the aid The Community is responsible for the implementation of the

Article 29. Petitioners.

The financial burden of investments and expenses that are considered eligible in the cities of Ceuta and Melilla will be eligible for this aid.

Article 30. Amounts of aid.

1. 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.

2. In any event, if the expenditure actually incurred is lower than the initially budgeted, a deduction of the aid proportional to that granted in the relevant decision shall be made.

Article 31. Presentation of documents.

1. Aid applications shall be submitted in the model of the Annex and shall be accompanied by the report of the Delegation of the Government concerned and the following documentation:

(a) Description of the planned investments and their use, as well as the needs to which they correspond.

b) Detailed budget and pro forma invoices supporting it.

(c) Supporting memory of the investment, including Economic Memory, annual accounts of the last three financial years and project financing plan.

d) Permissions or licenses required for their realization, if any.

e) Relation of other aid from the public authorities or entities which for the same purpose have been requested or granted.

f) Certification of non-starter of works.

g) Certificate of compliance with current health and environmental requirements, if any.

2. Applications for assistance shall be addressed to the Minister for Agriculture, Fisheries and Food.

3. The time limit for the submission of the request shall be 28 February and 31 October each year.

Article 32. Instruction and resolution.

1. The instruction in the procedure shall be carried out by the General Secretariat for Maritime Fisheries and by the FROM, in the case of investments of a private nature, in the terms provided for in Article 5 of Royal Decree 2225/1993 of 17 December 1993, In the light of the budgetary resources of the FIFG and the Ministry of Agriculture, Fisheries and Food.

2. The maximum period for the decision of the procedure shall be two months, after which, without any express resolution, the aid application may be understood to be rejected.

The resolution shall be notified to the persons concerned in accordance with Articles 58 and 59 of Law No 30/1992, without prejudice to the publication provided for in Article 81 (7) of the General Budget Law, and in the Article 6 (7) of Royal Decree 2225/1993.

Article 33. Payment procedure.

The payment will be made directly to the applicants in partial payments or total amounts of the aid under the FIFG, to the budgets of the Ministry of Agriculture, Fisheries and Food and to the budgets of the case.

Article 34. Obligations of the applicants.

Applicants for these aids will be required to:

(a) Credit the performance of the activities that have been the subject of a grant in accordance with the provisions of this Order.

b) Include in the aid application or, if the grant is obtained, once the grant has been granted, immediately communicate to the body which has decided to grant the aid, to obtain other aid for the same purpose from other public administrations, public entities attached to or dependent on them, both domestic and international, and other natural or legal persons of a private nature. In such cases, the amendment of the decision granting the aid may be made in accordance with the provisions of Article 81 (8) of the General Budget Law.

c) To provide information as required by the Court of Auditors.

Article 35. Justification of expenditure.

1. Applicants must start work within a maximum of one year from the date of notification of the grant of aid, and have two years to terminate them from their start, except in cases of force majeure, with the carrying out the activity which has been the subject of the grant by means of a supporting document, the minimum content of which shall be:

a) Identification of the applicant.

(b) Description of the performance of the activity carried out and its results, with a copy of the supporting invoices for the expenditure demonstrating compliance with the subsidised activity.

c) Economic summary of expenditure actually incurred.

d) Requested modifications and analysis of their needs.

e) Results obtained by performing the activity, quantified and valued.

2. Applications for payment shall be made to the General Secretariat for Maritime Fisheries within a maximum of six months from the date of completion of the work.

VIII. COMMUNITY INITIATIVE "FISHERIES"

Article 36. Purpose of the aid.

Aid may be granted for the following purposes, in accordance with the provisions of the sub-programme for Ceuta and Melilla:

a) Improving the profitability of fishing companies.

b) Diversification and conversion of fishing enterprises and their workers.

c) Improving the conditions for the marketing of fishery products.

Article 37. Financing.

1. National aid shall be granted from the expenditure budget of the Directorate-General for Fisheries Structures and Markets, programme 712H, Section 21, Service 10, Chapter 7 'Capital transfers', Article 77 'To private undertakings', concept 775 "Community Fisheries Initiative".

2. The percentages of the aid granted to the general budget of the State and the Structural Funds, in relation to the eligible costs of the proposed initiatives, will have the limits laid down in the specific regulations for these funds.

Article 38. Applicants.

These aids will be eligible:

(a) Fishermen and other workers in the fisheries sector.

b) Organizations of producers, cooperatives, cofradias and other representative organizations of the sector.

c) Shipowners and craft enterprises.

Article 39. Presentation of documents.

1. The requests for assistance provided for in this Order will be addressed to the Minister for Agriculture, Fisheries and Food, with the following documentation:

a) The project's descriptive memory.

b) Detailed budget and pro forma invoices supporting it, where appropriate.

c) Permissions or licenses required for completion.

d) Relation of other aid from the public authorities or entities which have been requested or granted for the same purpose.

Article 40. Deadline for submission.

Applications may be submitted throughout the year.

Article 41. Assessment criteria.

Applications will be assessed by the General Secretariat for Maritime Fisheries, in line with the adequacy of the project to the Ceuta and Melilla sub-programme, which is part of the Operational Programme of the Community Initiative "Fisheries", to the The Commission has also been able to

The impact on the fisheries sector, which will be included in the Government Delegation report, will be taken into account.

Article 42. Instruction and resolution.

The instruction of the procedure will be carried out by the Directorate General of Structures and Fisheries Markets, in the terms provided for in Article 5 of Royal Decree 2225/1993, of December 17, taking into account the Budgetary resources of the "Fisheries" Community Initiative and the General Budget of the State.

Article 43. Payment procedure.

1. The payment shall be made directly to the applicants in partial payments or total amounts of the aid from the budgets of the Ministry of Agriculture, Fisheries and Food, if any.

2. A maximum of three partial payments may be made, with the following limits:

(a) In order to access the first partial payment, an investment of at least 30 per 100 of the eligible eligible costs must have been made.

(b) The last partial payment shall correspond to an investment of at least 20 per 100 of the eligible eligible costs.

3. The accreditation of expenditure shall be carried out by the submission of invoices and supporting documents.

4. The request to deliver the aid shall be accompanied by the following documents:

(a) Forms which are provided by the Directorate-General for Fisheries Structures.

b) A copy of the tax identification code.

c) Original simple copy of the powers which, if any, enable them to process and collect the aid.

5. The percentage of the aid to be paid in the partial payments shall be the equivalent of the part of the expenditure incurred on the total of the costs accepted.

IX. PLAN FOR SMALL-SCALE COASTAL FISHING IN CEUTA

Article 44. Applications.

They may apply for the aid covered by this Order by natural or legal persons who, being shipowners and/or owners of fishing vessels, meet the following requirements:

a) Being included in the Census of the Operational Fishing Fleet.

(b) Have a total length of less than nine metres or, where appropriate, of those which can fish for trawl, less than 12 metres.

c) Having its base port in the port of Ceuta.

Article 45. Priority in the concession.

A priority will be given to the granting of the corresponding aid to the modernization investments made in the small boats without cover and safety equipment, not mechanized, computerized and (a) without any fish conservation equipment on board. In any event, the modernizations carried out under this Order may not result in an increase in the tonnage or the propellant power, unless the equivalent losses are provided in the terms of Royal Decree 798/1995.

Article 46. Investment limits.

Investments destined for modernization will not be able to exceed the 350,000 pesetas for each vessel.

Article 47. Training courses.

Shipowners or owners of the upgraded vessels will attend at least one of the training courses which will be provided on the conservation of fishery resources, as well as on board work hygiene, the improvement of the quality of the fishery products and the safety of navigation.

These training courses will be organized by the Cofradia de Pescadores de Ceuta, under the supervision of the Government Delegation in Ceuta.

Article 48. Presentation of documents.

Requests for assistance will be addressed to the Minister of Agriculture, Fisheries and Food, with the following documents:

a) Photocopy of the applicant's tax identification number or tax identification code.

b) Budget or bills pro forma of the investment to be carried out.

c) A duly authenticated vessel seat sheet.

Article 49. Financing.

1. Aid for the financing of the modernisation of fishing vessels referred to in this Order shall be made from the budget concept 21.10.712H.771 of the General Budget of the State, where 20 per 100 of the It is for the interested party and 80 for 100 for the General Administration of the State.

2. The maximum amount of aid charged to the general budget of the State will be 2,500,000 pesetas for the modernization of fishing vessels, with the deadline for the submission of applications on 30 October 1996, and its The selection will be by rigorous order of request and with the limits set out above, as well as the priorities set out in Article 45.

Article 50. Payment.

The approved aid will be paid by the General Secretariat for Maritime Fisheries, once the works or the acquisitions of the equipment have been completed, together with the corresponding invoices and the supporting certificate, issued by the Cofradia de Pescadores, with the approval of the Delegation of the Government in Ceuta, of the assistance to the training course.

X. COMMON RULES

Article 51. Submission of requests for assistance.

The requests for aid provided for in this Order will be submitted to the Government Delegation of Ceuta or Melilla, as the case may be, which, with their report, will forward them to the General Secretariat for Maritime Fisheries.

In addition, they may be presented in the places provided for in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 52. Presentation of documents.

In all the help requests contained in this Order, the following documents must be accompanied:

(a) Certification to be aware, on the part of the petitioner, of the tax and social security obligations, in the form established in the Order of 20 April 1986, on accreditation of compliance with the (a) the social security obligations of the beneficiaries of the grants.

b) Request for bank transfer and certification of the banking institution, indicating the entity's address, bank code, branch code, control digit and current account number recognized by the Public Treasury.

Article 53. Resolution.

1. The resolution of the applications for aid provided for in this Order corresponds to the Minister for Agriculture, Fisheries and Food and, by delegation, the Secretary-General for Maritime Fisheries, or, where appropriate, the Director-General for Structures and Markets. Fisheries, as provided for in Articles 2 and 4 of the Order of 3 June 1996, on the delegation of powers to the Ministry of Agriculture, Fisheries and Food.

In the case of requests for national assistance, the resolution of the same shall be the responsibility of the President of the FROM.

2. Decisions given in each form of aid provided for in this Order put an end to the administrative procedure and may be brought before the administrative court, subject to the relevant communication provided for in the Article 110.3 of Law 30/1992.

Final disposition first.

The Secretary-General of Maritime Fisheries and the Director-General of Fisheries Structures and Markets and the President of the FROM, within the scope of their respective powers, may dictate how many resolutions are necessary for the application of this Order.

Final disposition second.

The provisions of Section 4 of Chapter 1 of Title II of the General Budget Law and of Royal Decree 2225/1993 of 17 December 1993, as well as the provisions of Title II of the General Budget Law, shall apply. In the case of Royal Decree 798/1995 of 19 May 1995 and Royal Decree 312/1996 of 23 February 1996.

Final disposition third.

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

Madrid, 23 October 1996.

DE PALACIO DEL VALLE-LERSUNDI

Ilmos. Mr General Secretary for Maritime Fisheries, Director General of Fisheries Structures and Markets and President of the FROM.

ANNEX I

With that same date, don, ship owner, number plate, code, has communicated to the crew of the same that has been notified the grant of the premium for the permanent cessation of the ship mentioned.

What we declare to know for the purposes of the possible formalization of applications for obtaining the aid established in Royal Decree 312/1996, of 23 February ("Official State Gazette" of March 15).

Name, surname, national identity card, job category and membership number of the crew member's Social Security:

Name/DNI/Job Category/Number affiliation Social Security/Signature////////////////

In at a time of 199 ....

ANNEX II

Request for aid for investments in the marketing and equipment of fishery and aquaculture products ports

(Record Seal)

D with NIF, representing the cooperative/company/company/in-name/other *, with NIF and registered office in the city of, in its capacity as

REQUESTS: That, as provided for in the Order of 1996, be awarded a grant of 100 on a cost of pesetas, for the investment project entitled to be carried out in the city of Ceuta/Melilla *.

You declare under your responsibility that all the data provided that accompany this request is true, and is committed to:

1. Provide the necessary supporting documents for verification.

2. To comply with the requirements of the undertaking and to accept, where appropriate, the verifications carried out in accordance with the aid requested.

En, a de de 199 ....

The requester,

* Strike out what does not apply.

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