Council of Ministers for Fisheries of the European Economic Community, at its meeting on 20 December 1990, adopted Regulation (EEC) No 3944/90 amending Regulation (EEC) No 4028/86 on the actions for the improvement and adaptation of the structures of the fisheries and aquaculture sector. This amendment is, in practice, specific to the extension of the structural aid system up to now, as a result of both the experience acquired and concrete proposals from different Member States.

Within a line of continuity of the fundamental criteria that make up the common fisheries policy, the amendment of the Regulation is essentially geared towards a higher level of adjustment of the fishing effort with respect to the resources available, to increase the degree of self-sufficiency of the Community market and to facilitate the access of the European fleet to certain fishing grounds under the jurisdiction of third countries, without it being possible to forget the greatest emphasis put into the socio-economic effects of the system. In the sense indicated, the inclusion of the coastal fleet in the chapters of aid for construction, modernization and permanent cessation, the creation of the redistribution operations and the regulation of the joint ventures following a model very similar to the Spanish model of joint ventures, in which our country has acquired a wide experience. For its particular importance, the inclusion of aquaculture products in the market research chapter will also have a positive impact on a sector in which Spain occupies a pre-eminent place. Another aspect, of course, as part of the amendments to the existing Community rules, is the reduction to a minimum of 12 metres in length between perpendiculars applicable to fishing vessels for possible inclusion. at scheduled temporary stops, the effect of which on fishing grounds such as the Mediterranean may be decisive for adequate protection of resources.

Royal Decree 219/1987, of 13 February, was at the time the result of the adaptation of the Spanish legislation to the regulatory framework of the EEC in the field of aid for the fisheries and aquaculture sector. Since its entry into force, this rule has responded with full effectiveness to the basic objectives of the Spanish fisheries policy, also taking into account the criteria of the judgment of the Constitutional Court, 33/1984, of 9 March. In the light of the amendment to Regulation (EEC) No 4028/86, it is necessary to replace it with a new standard which will take full account of the new design laid down by Community rules. As a result, this Royal Decree updates and recasts, as far as possible, the Spanish legislation so far in force on fisheries structures, and the consequent aid, which will have to allow for adequate dissemination of Community policy in Spain.

On the other hand, the judgment of the Constitutional Tribunal 56/1989, of 16 March, has come to clarify precisely the concepts of "sea fishing", whose competence in all its extension is attributed to the State, in the article 149.1.19 of the Constitution and of "management of the fishing sector", whose bases also correspond to the State and whose development and execution are in charge of the competent Autonomous Communities, circumstances that in this Royal Decree are explained laying down the criteria for the procedures for each type of aid to be provided by the timely legislative developments.

This Royal Decree encompasses and thus updates the regulation of the fisheries structural policy, the financing of which is shared by the European Economic Community and the Spanish State, with the ultimate aim of maintaining and even speed up the current process of restructuring the sector as far as possible. From the systematic point of view, the following headings relate to the actions envisaged in the field of new construction of fishing vessels, modernisation and conversion of fishing vessels, development of aquaculture, development of the coastal strip, experimental fishing, redistribution operations, adaptation of fishing capacities, temporary associations of undertakings, joint ventures, market research and equipment for fishing ports. At the same time, under each heading, reference is made to the rules for the management of the actions in question and which constitute the basic state regulation on the management of the fisheries sector in accordance with Article 149.1.19 of the Constitution. Procedural requirements and rules are also established.

Fundamental aspects, such as the creation of the new Register of Mixed Societies, are dealt with in the additional provisions. In the transitional provisions, the link to the previous rules is established for all the files initiated before the entry into force of this Royal Decree, and the repeal provision is the result of the work of recasting the rules so far in force.

In the relevant annexes, the grant percentages and the amount of the premiums applicable according to the scales indicated are explained.

In its virtue, on the proposal of the Minister of Agriculture, Fisheries and Food, completed the procedure provided for in Article 13 of Regulation (EEC) No 1096/88 of 29 April, after deliberation by the Council of Ministers at its meeting of the day 22 February 1991,

DISPONGO:

I. General aspects

Article 1. °

1. The present Royal Decree, and in accordance with Council Regulation (EEC) No 4028/86 on Community actions for the development and adaptation of structures in the fisheries and aquaculture sector, cover aspects of the on the construction, modernisation and conversion of fishing vessels, as well as the development of aquaculture, the development of the coastal strip, experimental fishing campaigns, redeployment operations, capacity adaptation fishing, temporary associations of fishing undertakings, joint ventures, research on markets and equipment for fishing ports.

2. The public authorities which, in the exercise of their powers, establish aid or carry out actions provided for in this Royal Decree, will have to fulfil, in the development and application of the same basic criteria for the management of the sector Article 2 (1) of Regulation (EC) No 161/2008 of the European Parliament and of the Council of 17 May 2014 on the application of the rules of procedure of the European Parliament and of the Council

3].

II. Construction of fishing vessels

Art. 2. °

The construction of fishing vessels of five or more metres of length between perpendiculars may be authorised, and must be equal to or greater than nine metres for the encirclement mode and equal to or greater than 12 metres for the mode of drag.

Art. 3. °

For the purpose of granting the aid referred to in this Royal Decree, the following characteristics shall be understood as "coastal fishing" by vessels holding the following characteristics:

Have a length between perpendiculars less than nine meters.

Be enrolled in the Census of the Operational Fishing Fleet and in the Register of Fishing Ships of the European Economic Community.

Have an activity that represents at least 60 per 100 of the fisherman's income or a minimum activity of one hundred days of fishing per year.

Sort rules

Art. 4. °

For the evaluation of the construction projects, consideration will be given to the adaptation of each project to the situation of the fishery resources in the fishing grounds to which the new vessel will be destined, the new technologies that will be incorporate, improve the working and life conditions on board, the safety of the crews and the profitability of the fishing operation.

Art. 5. °

1. Any authorisation for the construction of fishing vessels shall require the unit to be constructed to replace one or more vessels provided as low, fulfilling the following conditions:

(a) That the low input is a fishing vessel registered in the Third List of the Ship Matriculation Register and is duly included in the Census of the Operational Fishing Fleet.

(b) the contribution to be made by complete units, by means of "complete unit", the vessel itself and the fishing rights attached thereto, and no vessel to be replaced may be applied as low for the construction of more than one vessel. This limitation shall not be required of the undertaking which plans to renew its fleet, provided that the number of vessels provided as low is at least equal to that of the vessels to be constructed and that each vessel's gross registered tonnage is to be replaced represents at least 25 per 100 of the total gross record tonnage of the low-paid.

c) That the casualties represent at least 100 per 100 of the gross registered tonnage and the propellant power of the new construction. Without prejudice to the provisions of Article 8. and in the case where the specific rules of the census or fishing grounds do not establish global or unit limits per vessel to the tonnage and power of the engine of the new construction, the Vessels provided as low in that census or fishing vessel shall cover at least 80 per 100 of the tonnage and propellant power of the new construction.

A fishing vessel's propellant power shall be the maximum brake power, measured at the output of the propellant engine (BHP power) and duly accredited by the certificates issued by the Inspection of Ships of the General direction of the Merchant Navy as a result of the bank tests for each model and type of engine.

(d) The vessel or vessels provided as low shall have been engaged in fishing for a minimum of 120 days in the 12 months immediately preceding the date of submission of the request for the new construction.

It is exempted from the requirement to have exercised the fishing activity, referred to in the preceding paragraph, to vessels contributed as a discharge from first sale or first award of official credit institutions or other State agencies, with a period of validity of twelve months from the date of purchase or the date of the administrative or judicial award. This exemption shall be extended to vessels which, as a result of treaties or international agreements, have been discharged in the relevant census. The fishing vessels lost definitively by accident shall also be exempted from that requirement, in which case the corresponding rights of absence shall be valid for a period of 12 months from the date on which the accident occurred. or, where appropriate, from the date of the finality of the judgment.

e) It shall be essential for the entry into service of the new vessel that the units provided, in accordance with the applicable specific rules, have been scrapped or sunk with the replacement of the scrapping. immobilization by the delivery of the patent and the role, in order to process its definitive decline in the Third List.

The scrapping replacement of the scrapping shall be authorised exclusively for wooden hull vessels, removing all elements which may affect the marine environment in advance, shall be carried out in duly completed points. prefixed by the State Administration, or the Autonomous Community.

2. Vessels benefiting from aid for the definitive cessation of fishing activities or aid for export to a joint undertaking referred to in the relevant headings may in no case be provided as low for the purpose of to access new buildings or for modernization works.

3. The compulsory contribution of equivalent casualties under the conditions laid down in this Article shall also apply in the case of the final importation of fishing vessels and the high level of the Third List of vessels from other vessels. Registration lists.

Art. 6. °

An exemption from the need for the contribution of casualties shall be equivalent to propellant power when the increase in power does not exceed 6 per 100 of the initial power, in new constructions whose length between perpendiculars is less than 12 metres, provided that such increases are justified for the safety of the ship and the crew.

Art. 7. º

In addition to the conditions laid down in the preceding Articles, to authorize the construction, final importation or discharge of the Third List of fishing vessels to be included in a census or fishing vessel In accordance with Article 1 (1) of Regulation (EU) no 6060/EC, the Commission shall take the necessary measures to ensure compliance

the requirements laid down in this Regulation.

Art. 8. º

Requests for new builds will be processed according to the following criteria:

(a) Where the base port is located in an Autonomous Community with competence in the field of fisheries management, applications shall be submitted to the competent authority of the Autonomous Community.

In the handling of files, the Autonomous Community will apply the basic State regulations.

Processed the case by the Autonomous Community, it will forward it to the State Administration to proceed to the analysis issue of the binding report on the aspects not related to the competence of that one.

Once such a report has been issued, the Autonomous Community will resolve the file, and inform the State Administration of the resolution adopted.

(b) Where the base port is situated in an Autonomous Community with no competence in the field of fisheries management, applications shall be submitted to the Ministry of Agriculture, Food and Fisheries and shall deal with and resolve the files.

Requirements for granting the aid

Art. 9. °

Shipowners of fishing vessels wishing to avail themselves of the aid set out in this Royal Decree within the common action of Regulation (EEC) No 4028/86 must comply, in addition to the requirements laid down in the the specific ones for accessing new constructions, referred to in this heading II.

Art. 10.

1. The Ministry of Agriculture, Fisheries and Food may grant aid in the form of subsidy percentages set out in Annex I to this Royal Decree, applicable to the accepted costs of each construction project which it meets. the requirements set out in the same.

2. For the granting of aid, the priority criteria laid down in Article 8 of Regulation (EEC) No 4028/86 shall apply.

Art. 11.

In the case of professional fishermen who wish, individually or collectively, to access the ownership of a new construction vessel for fishing, they shall receive the maximum percentage of national aid. provided for in Annex I if they meet the following requirements at the date of submission of the application:

(a) Halted on a fishing vessel and have pursued the profession for a period of at least three years. In the case of collectives, this requirement must be met by all its members.

b) Do not own any other craft.

(c) To be individually or severally engaged, where the new vessel is to be operated by the applicant or applicants for a minimum period of five years from its entry into service.

The conditions set out in paragraphs (a) and (c) must be met at least by one of the beneficiaries where the ownership of the new vessel corresponds to a collective integrated by family members up to the second degree of parentage including and spouse, if any.

Art. 12.

When the applicant for the aid for the construction of a fishing vessel less than 18 metres long between perpendiculars is a young fisherman, the national aid shall be increased in all cases and within the limits established in this Royal Decree by six percentage points. "Young fisherman" means the professional fisherman who:

You have not met the age of thirty-five years at the filing date of the application, and

Accredit to have exercised the profession for a period of at least two years.

Art. 13.

When the application for Community aid is desist or is not obtained for reasons that the Ministry of Agriculture, Fisheries and Food considers to be duly justified, the national subsidy may be up to 35%. 100 of the accepted costs of each construction project for vessels of length between perpendiculars equal to or less than 33 metres, provided that the requirements laid down in the applicable legislation are met.

Processing the aids

Art. 14.

Applications for new constructions, under the provisions of this Royal Decree, will be processed:

(a) Where the base port is located in an Autonomous Community with competence in the field of fisheries management, applications shall be submitted to the competent authority of that Community.

In the handling of the files, the Autonomous Community will apply the basic regulations of the State. It shall transmit the file to the Ministry of Agriculture, Fisheries and Food to carry out the analysis and issue of the binding report on matters relating to the State competition and the In accordance with the Multiannual Guidance Programme and the Zonal Plans integrated within the Community rules and with the available budgetary resources, the Commission of the European Communities will submit to the Commission the corresponding funding.

(b) Where the base port is situated in an Autonomous Community without competence in the field of fisheries management, applications shall be submitted to the Ministry of Agriculture, Fisheries and Food, which shall process and resolve the files.

III. Modernisation and conversion of fishing vessels

Art. 15.

The modernisation and conversion of fishing vessels with a length between perpendiculars may be authorised:

Equal to or greater than 5 meters and less than 9 meters.

Equal to or greater than 9 meters for those included in the encirclement mode.

Equal to or greater than 12 meters for boats authorized to practice drag.

The corresponding modernisation works will be aimed at rationalising fishing operations, better conserving catches, saving energy or improving the working conditions and safety of crews. These improvement works shall be carried out in Community countries and shall affect vessels which have the equipment necessary for the fishing operations and for the safety of their crews.

Sort rules

Art. 16.

The works involving a change of census, fishing grounds or fishing modality must comply with the specific regulations of the new census, fishing grounds and modality that correspond to and be previously authorized by the Administration. competent, in accordance with the criteria laid down in Article 8. of this Royal Decree.

Art. 17.

In order to authorise the conversion and modernisation of ships, including engine changes, which will result in an increase in the tonnage of gross registration or propulsion power, the contribution of low-level vessels will be required. List Third duly registered in the Census of the Operational Fishing Fleet and who meet the following requirements:

(a) Where the tonnage increase is equal to or less than 15 per 100 of the vessel's initial tonnage or power, they may be applied as low units belonging to any census, fishing grounds and modality. Where such an increase is greater than 15 per 100, the total of the losses to be contributed shall be from the same census, fishing grounds or modality of the vessel concerned by the conversion and modernisation works.

b) The mandatory contribution of equivalent casualties resulting from any increase in the propulsion power includes any engine work or reform that results in such an increase. Where appropriate, and only in engine changes, the new engine may be authorised with a reduction of up to 20 per 100 of its maximum power.

(c) Ships provided as low for the modernisation works shall also comply with the requirements for the low level of new construction referred to in heading II.

Art. 18.

In addition to the conditions for authorizing any work of modernization and conversion, it will be necessary, if necessary, to comply with the requirements required by the specific regulations of each census, fishing grounds, fishery and modality fishing.

Requirements for granting the aid

Art. 19.

The works or modernisations to which aid referred to in Article 15 may not exceed 50 per 100 of the value of a new vessel of the same type as that of the vessel concerned.

Art. 20.

Acquisitions or modifications to be supported for modernization must reach at least one accepted cost per project of:

Eight thousand pesetas for vessels having a length between perpendiculars equal to or greater than 5 meters and less than 9 meters.

One million new thousand pesetas for vessels that have a length between perpendiculars equal to or greater than 9 meters and less than 12 meters.

Three million new million pesetas for vessels with a length between perpendiculars equal to or greater than 12 meters.

Art. 21.

The Ministry of Agriculture, Fisheries and Food may grant aid within the grant percentages set out in Annex I to this Royal Decree, applicable on the accepted costs of each project modernization that meets the requirements set forth in the same.

Processing the aids

Art. 22.

Applications for aid for the modernisation and conversion of fishing vessels will be processed:

(a) Where the base port is situated in an Autonomous Community with competence in the field of fisheries management and the reforms do not entail a change in the mode of fishing, applications shall be submitted to the competent authority, which shall process and resolve the files in accordance with the basic State rules.

Resolved the dossiers, they will be forwarded to the Ministry of Agriculture, Fisheries and Food for submission to the Commission of the EEC and the payment of the State aid, in accordance with the Program of the Multiannual Orientation foreseen in the Article 2 of Regulation (EEC) No 4028/86 and with the available budget.

(b) Where the base port is situated in an Autonomous Community with competence in the field of fisheries management and the reforms entail change in the fishing mode, applications shall be submitted to the Community. Corresponding autonomous, processing the file in accordance with the provisions of Article 14 of this Royal Decree.

(c) Where the base port corresponds to an Autonomous Community without competence in the field of fisheries management, applications shall be submitted to the Ministry of Agriculture, Fisheries and Food, which shall process and resolve the files.

IV. Development of aquaculture

Art. 23.

The Ministry of Agriculture, Fisheries and Food may grant aid to investment projects for the construction, development, modernization or extension of facilities for the cultivation of fish, crustaceans or molluscs, in the provisions of Regulation (EEC) No 4028/86.

Requirements for granting the aid

Art. 24.

To access these aids, the projects must:

(a) Be enrolled in the Sector Development Lines established in the Multi-Annual Guidance Programme, developed in coordination with the Autonomous Communities.

b) Dispose of the required concessions or authorizations to carry out the planned works and their subsequent production. In addition, projects must meet the following features:

Present production objectives for exclusively commercial purposes.

Have sufficient technical capacity to achieve the intended objectives.

Offer sufficient guarantees of economic profitability.

Art. 25.

The lower limit of the investment will be in all cases of 7,000,000 pesetas. The upper limit of the investment shall be:

Of 420,000,000 pesetas when the investment relates to facilities that cover, in their production process, all phases of the life cycle of the species.

252,000,000 pesetas when the investment relates to installations that include only one phase of that life cycle.

Art. 26.

The aid will be able to reach the following amounts: between 10 and 30 per 100 of the accepted cost of the project for Andalusia, Canary Islands, Castile and Leon, Castilla-La Mancha, Extremadura, Galicia, Ceuta and Melilla, and between 10 and the 25 for 100 for the rest of Spain. For the granting of aid, account shall also be taken of the provisions laid down in Article 12 of Regulation (EEC) No 4028/86

Processing the aids

Art. 27.

Applications for aid for the various purposes of aquaculture development shall be submitted to the competent authority of the relevant Autonomous Community, which shall process and resolve the dossiers, referring them to the The Ministry of Agriculture, Fisheries and Food, for its submission to the EEC Commission and the payment of the State aid, in accordance with the multiannual guidance programme provided for in Article 2 of Regulation (EEC) No 4028/86 and with the budgetary availability.

V. Conditioning for the coastal strip

Art. 28.

The Ministry of Agriculture, Fisheries and Food, in the exercise of the state competence in the field of sea fishing, in order to preserve the fishery resources, as well as the marine environment in which they are developed, will be able to to authorize, in accordance with the procedure provided for in this Royal Decree, the realization of initiatives of conditioning of the coastal strip outside of inland waters, consisting of the installation of structure (in front of reefs (artificial) on the continental shelf and on the territorial sea intended to protect certain areas of special fishing or ecological interest.

This authorisation shall be the responsibility of the competent authority of the Autonomous Community when the packaging is exclusively concerned with inland waters.

Art. 29.

The development of coastal strip conditioning projects, when they are located above the isobath of the 50 meters in the territorial sea, must be accompanied by a ban on all fishing activities in the the area of location of the reefs for a minimum period of three years from its installation, including fishing with fixed gear or direct extraction. However, in the areas of protection of artificial reefs, certain types of selective fishing may be authorised, where appropriate.

Art. 30.

1. Prior to the authorization referred to in the previous Article 28, the artificial reefs will require the timely granting of occupation of the maritime-terrestrial public domain to be granted by the Ministry of Public Works and Urbanism, in accordance with the provisions of Articles 64 of Law 22/1988 of 28 July 1988 on Costs and 129 of the General Regulation for its development and implementation, approved by Royal Decree 1471/1989 of 1 December 1989.

2. The installation of artificial reefs shall also require, in addition to the reports provided for in Article 146 (6) of the Regulation for the Development and Implementation of the Law on Costs, of the previous report of the Spanish Institute of Oceanography, in terms of their technical feasibility and the impact on their environment and on fisheries resources. Such reports shall be evacuated within a maximum of one month.

Art. 31.

Once the definitive installation authorization has been granted, the Ministry of Defense and the Ministry of Transport, Tourism and Communications will be informed of it for the purposes of navigation safety.

Art. 32.

In the resolution of authorisation referred to in the first paragraph of Article 28, the conditions for the regulation of fishing activity in the area of the reef and in its protection zone shall be determined.

Requirements for granting the aid

Art. 33.

1. The Ministry of Agriculture, Fisheries and Food may grant aid to artificial reef installations which meet the following conditions:

a) Comport an investment, including the costs of previous, follow-up and installation studies, exceeding 7,000,000 pesetas.

b) Include a scientific follow-up of the action for a minimum of three years.

c) Be performed by a Fishermen's Cofradia, a recognized Fishing Producers Organization or a Corporation, organ, or public body.

(d) to be registered under the relevant multiannual guidance programme provided for in Title I of Regulation (EEC) 4028/86 and drawn up in coordination with the Autonomous Communities.

2. Aid granted by the Ministry of Agriculture, Fisheries and Food shall have the following limits:

(a) Between 10 and 35 per 100 of the investment accepted for projects receiving Community aid under Regulation (EEC) 4028/86.

b) Up to 60 per 100 of the investment accepted for projects that do not receive Community aid.

Art. 34.

In granting the aid provided for in the previous article, priority will be given to the recovery of over-exploited fishing grounds or to the protection of areas of particular fishing or ecological interest.

Processing the aids

Art. 35.

The aids will be processed:

(a) Where the reefs are located in inland waters, applications shall be submitted to the competent authority of the Autonomous Community, which shall, where appropriate, authorise the installation of the reef and (a) the file shall be settled by the Ministry of Agriculture, Fisheries and Food for the purposes of coordination and any referral to the Commission of the EEC.

(b) Where the reefs are located in external waters, applications shall be submitted to the Ministry of Agriculture, Fisheries and Food, which shall decide on the authorisation and the granting of the aid which, where appropriate, appropriate.

VI. Experimental fishing

Art. 36.

In accordance with Regulation (EEC) 4028/86, an "experimental fishing campaign" means any fishing operation for commercial purposes carried out in a particular maritime area or for certain species for the purpose of to assess the profitability of a regular and sustainable exploitation of fisheries resources, by means of fishing techniques or gear or in areas or species which have an innovative character.

Art. 37.

The Ministry of Agriculture, Fisheries and Food will be able to subsidise experimental fishing campaigns. This aid may be reached for each project between 10 and 20 per 100 of the eligible costs of each marketing year.

Art. 38.

When the application for Community aid is desist or is not obtained, for reasons that the Ministry of Agriculture, Fisheries and Food considers to be duly justified, the national subsidy may be up to 40%. per 100 of the accepted costs of each marketing year, provided that the requirements laid down in the applicable legislation are met.

Requirements for granting the aid

Art. 39.

Experimental fishing campaigns should be developed at:

(a) Waters under the sovereignty or jurisdiction of a Member State of the European Communities, as well as in the waters adjacent to the territories of those Member States in which the fishing rules are not applicable community, or

b) Water under the jurisdiction or sovereignty of a third country which has concluded a Fisheries Agreement with the Community, provided that the project is not eligible for Community aid for the same purpose in the framework of the said Agreement; Agreement, or

(c) Waters under the sovereignty or jurisdiction of a third country with which the EEC maintains relations but has not concluded a Fisheries Agreement

or

(d) Waters not under the sovereignty or jurisdiction of a State, provided that the projects do not aim for catches of species subject to a quota allocated to the EEC.

Art. 40.

1. The projects must refer to Spanish fishing vessels registered in the Census of the Operational Fishing Fleet with a length of perpendicular length greater than 18 meters. The minimum duration per campaign shall be 60 days and the maximum of two hundred and twenty days of fishing per vessel per year, carried out on one or more tides. In addition, the presence on board of one or more scientific observers or, where appropriate, the participation of a research institute in the preparation of the campaign and in the analysis of the results thereof. The campaigns shall be directed to fishing areas whose fishing resources allow for long-term consideration of a stable and profitable holding.

2. All projects for experimental fishing campaigns shall be in accordance with the guidelines set out periodically by the competent bodies of the EEC, in particular with regard to fishing areas, species and gear or fishing techniques.

Art. 41.

For the granting of aid to projects for experimental fishing campaigns, the priority criteria laid down in Article 14 of Regulation (EEC) No 4028/86 shall apply.

Processing the aids

Art. 42.

The application for the authorisation and granting of the aid for an experimental fishing campaign shall be submitted to the Ministry of Agriculture, Fisheries and Food, accompanied by an explanatory statement of the activities to be carried out. intend to develop, with an indication of the vessel or vessels to be involved, the waters in which they will be carried out and the species to which they are intended, as well as the fishing methods and gears to be used, highlighting the inborn elements.

VII. Redistribution operations

Art. 43.

In accordance with Regulation (EEC) 4028/86, a "redistribution operation" means any commercial fishing operation carried out in a particular maritime area for the purpose of exploiting its resources. (i) fishing activities and with the priority aim of supplying the EEC market.

Art. 44.

The Ministry of Agriculture, Fisheries and Food may grant aid between 10 and 20 per 100 of the redistribution premium set out in Annex II to this Royal Decree.

Art. 45.

When the application for Community aid is desist or is not obtained, for reasons that the Ministry of Agriculture, Fisheries and Food considers to be duly justified, the national subsidy may be up to 40%. by 100 of the redistribution premium set out in Annex II to this Royal Decree, provided that the requirements laid down in the applicable legislation are met.

Requirements for granting the aid

Art. 46.

Redistribution operations projects should be developed in:

(a) Waters under the sovereignty or jurisdiction of a third country with which the EEC maintains relations but has not concluded a Fisheries Agreement

or

(b) Waters under jurisdiction or sovereignty of a third country with which the EEC has concluded a Fisheries Agreement, provided that the project cannot benefit from Community aid for the same purpose under that Agreement, or

(c) Waters not under the sovereignty or jurisdiction of any State, provided that the operations are not intended to capture species subject to a quota allocated to the EEC.

Art. 47.

1. The projects shall refer to Spanish fishing vessels registered in the Census of the Operational Fishing Fleet with a length between perpendiculars equal to or greater than 12 meters and in activity for at least five years. Projects shall relate to fishing operations of a minimum duration of 60 days and a maximum of two hundred and twenty days per year and per vessel, carried out at one or more tides, and shall aim for a profitable, permanent and stable operation of the fishery resources.

2. All redistribution operations projects shall be in accordance with the guidelines set out periodically by the competent bodies of the EEC, in particular with regard to fishing areas, species and fishing gear and techniques.

Processing the aids

Art. 48.

Applications for authorizations and grant of aid for redistribution operations will be submitted to the Ministry of Agriculture, Fisheries and Food, accompanied by an explanatory memorandum on the activities to be carried out. intend to develop with an indication of the vessel (s) to be involved, the waters in which they will be carried out and the species to which they are intended, and the methods and techniques to be used.

VIII. Adaptation of fishing capacities

Art. 49.

In accordance with Regulation (EEC) 4028/98, the Ministry of Agriculture, Fisheries and Food may grant premiums for the temporary or permanent cessation of the activity of certain fishing vessels, registered in any case in the Third List and enrolled in the Census of the Operational Fishing Fleet.

Art. 50.

The temporary cessation of fishing activity shall consist of an additional immobilisation with regard to the normal average inactivity of the vessel.

Requirements for granting the aid

Art. 51.

1. Temporary cessation aid shall be granted to the holders of the vessels meeting the following requirements:

a) Having a length between perpendiculars equal to or greater than 12 metres.

(b) that they have engaged in a fishing activity or have replaced a vessel which would have exercised it for at least one hundred and twenty days in the calendar year preceding the first application for the grant of aid.

c) That they credit an additional standstill period of between:

Forty-five and one hundred and fifty days per year for ships that are subject to standstill plans.

Forty-five and one hundred and fifty days per year for other vessels.

2. Temporary cessation aid shall be granted for a maximum of four hundred days per vessel. This calculation shall include the days supported under Royal Decree 219/1987.

Art. 52.

Temporary cessation aid shall be fixed in accordance with the scale set out in Annex III to this Royal Decree.

Art. 53.

The Ministry of Agriculture, Fisheries and Food, for the purpose of allocating temporary cessation aid, shall determine the areas or fishing grounds, fisheries, fishing arrangements and periods of inactivity.

Art. 54.

The permanent cessation of vessels will result in the removal of any fishing activity by the vessels.

This abolition of the activity may be carried out by the scrapping of the vessel, the replacement of the scrapping or the final export to a non-EEC country of which it has effective fishing opportunities for the activity to be developed.

Art. 55.

Final cessation aid shall be granted only to fishing vessels of a length between perpendiculars equal to or greater than five metres and which have been engaged in fishing for at least 100 days in the the calendar year preceding the first application for the grant of a detention premium.

Art. 56.

The scale of Annex IV shall apply when the aid is granted for permanent cessation.

Processing the aids

Art. 57.

Requests for temporary and permanent cessation aid will be processed:

(a) Where the base port is located in an Autonomous Community with competence in the management of the fisheries sector, applications shall be submitted to the competent authority of the Autonomous Community, which shall process and resolve the file by applying the basic rules of the State. The dossiers, once they have been resolved, shall be forwarded to the Ministry of Agriculture, Fisheries and Food for dispatch to the EEC Commission and the payment of the State aid, in accordance with the multiannual guidance programme, the Zonal plans and the budgetary availability.

(b) Where the base port is situated in an Autonomous Community with no competence for the guidance of the fisheries sector, the dossiers shall be submitted to the Ministry of Agriculture, Fisheries and Food, which shall process them and resolve.

IX. Temporary associations of enterprises

Art. 58.

In accordance with Regulation (EEC) No 4028/86, "temporary association of undertakings" means any contractual association established for a limited period between Spanish shipowners and natural persons or (a) legal status of one or more third countries with which the Community maintains relations, in order to exploit and jointly exploit the fishery resources of that third country or third countries and to share the costs, profits or losses which the Community (a) the results of the joint economic activity, within a priority supply perspective to the Community market.

Art. 59.

The Ministry of Agriculture, Fisheries and Food may grant aid to shipowners of Spanish fishing vessels participating in projects of temporary associations of undertakings which have been approved for financing by the EEC Commission. The aid shall consist of a percentage of the 10 to 20 per 100 of the cooperation premium set out in Annex II to this Royal Decree. Such aid may only be granted for a period of up to two consecutive years for each project.

Requirements for granting the aid

Art. 60.

Projects of temporary associations of enterprises which may be eligible for aid shall have the following characteristics:

(a) Referred to capture operations and, where appropriate, to the processing or marketing of the species concerned, as well as to technical support or technology transfer, where the latter are of relevance to the those operations.

b) Comport fishing operations with a minimum duration of one year.

(c) Having a target compatible with the guidelines set out periodically by the competent bodies of the EEC, in particular as regards fishing areas, species and fishing gear and techniques.

Art. 61.

Spanish fishing vessels subject to a temporary association of undertakings which comply with the requirements of the previous Article must meet the following conditions:

a) Have a length between perpendiculars greater than 12 meters.

b) Be provided with the appropriate technology for the fishing operations that they intend to carry out.

c) Be included in the Operational Fishing Fleet Census.

d) Navigate under Spanish pavilion throughout the duration of the temporary business association.

Processing the aids

Art. 62.

Applications for the granting of aid to projects of temporary association of enterprises shall be submitted to the Ministry of Agriculture, Fisheries and Food, which shall process and resolve them.

X. Joint ventures

Art. 63.

1. For the purposes of this Royal Decree and in accordance with Regulation (EEC) No 4028/86, a joint company shall be defined as a private company incorporated, at least, by a Spanish shipowner and one or more partners of a third country with the the Community maintains relations, the purpose of which is to exploit and, where appropriate, to transform and market the fishery resources situated in the waters belonging to the sovereignty or jurisdiction of that third country, with the priority objective of supply the Community market.

2. A joint venture project comprises any investment carried out within the framework defined in the previous paragraph.

Art. 64.

The Ministry of Agriculture, Fisheries and Food may grant to joint venture projects approved for financing by the Commission of the EEC, an aid of between 20 and 50 per 100 of the contribution Community financial contribution, as defined in Article 21 (c) of Regulation (EEC) No 4028/86 and Annex V to this Royal Decree.

Requirements for granting the aid

Art. 65.

1. Joint venture projects may be the subject of aid when they affect the final export to the joint venture of a Spanish fishing vessel.

2. Vessels affected by joint venture projects shall meet the following conditions:

a) Have a length between perpendiculars greater than 12 meters.

b) Be provided with the appropriate technology for the fishing operations that they intend to carry out.

c) Be included in the Operational Fishing Fleet Census.

d) Have been in activity for at least the last five years.

3. In order to be able to request assistance for a joint venture project, it is necessary that the aforementioned company be registered in the Official Register created in this Royal Decree for these purposes and justify the verification or authorization of the investment by the Directorate-General for External Transactions of the Ministry of Economy and Finance.

4. Joint ventures registered in the Official Register shall report periodic reports on their activity to the Ministry of Agriculture, Fisheries and Food.

Processing the aids

Art. 66.

The project holder shall submit the application for aid to the Ministry of Agriculture, Fisheries and Food for the purpose of granting national aid and for the processing of Community aid.

XI. Market research

Art. 67.

1. In accordance with Regulation (EEC) No 4028/86, the Ministry of Agriculture, Fisheries and Food may grant aid to projects for actions aimed at promoting the consumption of fishery products from surplus species or exploited, as well as aquaculture products whose rapid growth poses market problems in the market.

2. The aid referred to above may be up to 25 per 10 (of the accepted amount of the investment.

Requirements for granting the aid

Art. 68.

Projects aimed at promoting consumption should refer to collective actions that are not oriented on the basis of trademarks or refer to a country or a specific region of production.

Processing the aids

Art. 69.

Applications for aid for market research projects will be processed:

(a) Where the promotion is carried out exclusively within its territorial scope, applications shall be submitted to the competent authority of the relevant Autonomous Community, which shall process and resolve the dossiers, referring them to the Ministry of Agriculture, Fisheries and Food for dispatch to the European Economic Community and the payment of State aid, in accordance with the available budget.

(b) In other cases, applications shall be submitted to the Ministry of Agriculture, Fisheries and Food, which shall process and resolve them.

XII. Equipment for fishing ports

Art. 70.

In accordance with Regulation (EEC) No 4028/86, the Ministry of Agriculture, Fisheries and Food may grant aid to investment projects relating to the equipment of fishing ports intended to permit an improvement lasting conditions of production and the first sale of fishery products.

Art. 71.

Projects must be registered in the Community support framework provided for in Regulation (EEC) No 4042/89 of 19 December.

Art. 72.

The aid referred to in Article 70 may reach the amounts provided for in Annex VI to Regulation (EEC) No 4028/86.

Processing the aids

Art. 73.

Applications for aid for fishing port equipment, under the provisions of this Royal Decree, will be processed:

(a) In the case of ports situated in an Autonomous Community with competence in the field of fisheries management, applications shall be submitted to the competent authority of the fishing sector, which shall process and resolve them. by applying the rules governing aid. It will be forwarded to the Ministry of Agriculture, Fisheries and Food so that, in view of the Multiannual Plan for the Equipment of Fisheries Ports and the available budget, it will be referred to the Ministry of Agriculture, Fisheries and Food. Commission of the European Economic Community for the purpose of collecting the relevant funding.

(b) Where the port is situated in an Autonomous Community without competence in the field of fisheries management, applications shall be submitted to the Ministry of Agriculture, Fisheries and Food, which shall process and resolve the files.

ADDITIONAL PROVISIONS

First.

The Official Register of Mixed Societies, of an administrative nature and a public nature, is created in the Ministry of Agriculture, Fisheries and Food.

As of the entry into force of this Royal Decree, the newly created joint ventures will be entered in that Official Register.

Mixed Societies that do not comply with the provisions of this Royal Decree will be discharged from office in that Official Register.

Second.

Spaniards who work or go to work in mixed societies registered in the Official Register will be subject to the provisions of Article 7 of Royal Decree 830/1985 of 30 April of Joint Fishing Companies, in any event the validity of that article shall be maintained for the purposes of the provisions of this Royal Decree.

Third.

By the Ministry of Economy and Finance, once the application for the verification or authorization of the investment for the definitive export of a fishing vessel for a Joint Society, referred to in Article 65.3, has been received of this Royal Decree, a copy of that application shall be sent to the Ministry of Agriculture, Fisheries and Food.

Fourth.

The requirement for the contribution of equivalent casualties is waived, for a period of two years from the entry into force of this Royal Decree, the replacement of semi-diesel propulsion engines installed on fishing vessels, for diesel engines, even if it is an increase in propellant power.

Fifth.

In the projects of redistribution operations, of temporary associations of companies and of joint ventures, the requirement of five years of activity of the vessels participating in them will not be required to the ships in service on 1 January 1991.

Sixth.

The authorizations for the construction of fishing vessels referred to in this Royal Decree, are without prejudice to the competences that in this matter correspond to the Ministry of Transport, Tourism and Communications.

Seventh.

In order to receive national aid, beneficiaries must be aware of their tax and social security obligations.

Eighth.

Investment projects which have benefited from the aid provided for in this Royal Decree shall apply to them the monitoring, control and inspection procedures provided for in Regulation (EEC) No 4028/86.

TRANSIENT PROVISIONS

First.

The application files for the aid, the processing of which has been initiated before 1 January 1991, shall be processed and resolved in accordance with the rules applicable to that date.

Where appropriate, the principle of application of the most favourable rule shall be considered when those files comply with the requirements and conditions of this Royal Decree, upon request of the person concerned.

The files initiated from 1 January 1991 shall be processed in accordance with the provisions of Regulation (EEC) No 4028/86 and the provisions of this Royal Decree.

Second.

The dossiers for experimental fishing campaigns which have entered the Ministry of Agriculture, Fisheries and Food prior to the entry into force of Regulation (EEC) No 3944/90 and have not been submitted in the case of the competent bodies of the EEC, they must comply with the provisions of that Regulation and this Royal Decree.

Third.

Mixed Societies already incorporated into the entry into force of this Royal Decree and the joint fishing enterprises registered in the Register referred to in Article 5 of Royal Decree 830/1985, of 30 April, may register in the Official Register of Joint Societies set up by this Royal Decree.

REPEAL provisions

First.

The following provisions are repealed:

Royal Decree 219/1987 of 13 February for the development and adaptation of the structures of the fisheries and aquaculture sector.

Royal Decree 872/1987 of 12 June laying down additional rules for the management of the conversion and modernisation of vessels which increase the level of GRT.

Royal Decree 224/1988 of 14 March 1988 amending and supplementing the rules on the construction and modernisation of fishing vessels established in the Royal Decrees 219/1987 of 13 February 1987; April 10, and 872/1987, June 12.

Royal Decree 1196/1988 of 14 October amending the rules on the construction and modernisation of fishing vessels.

Second.

Also, all provisions of the same or lower rank are repealed as set forth in this Royal Decree.

FINAL PROVISIONS

First.

The Minister is empowered. Agriculture, Fisheries and Food, in the field of their competence, to dictate the standards necessary for the fulfillment and development of this Royal Decree.

It is also authorised to designate the national authorities responsible for the various types of aid within the meaning of Article 44 of Regulation 4028/86.

Second.

The Minister of Agriculture, Fisheries and Food is empowered to increase the minimum equivalence of 100 per 100 in the contribution of low tonnage and power for new constructions up to a maximum 150 per 100, in accordance with the progressive degree of compliance with the fishing effort adjustment objectives.

Third.

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

Given in Madrid to February 22, 1991.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries and Food,

CARLOS ROMERO HERRERA

ANNEX I

Community financial assistance and financial participation by Spain for the construction and modernisation of the fishing fleet

1. Vessels of a length between perpendiculars equal to or greater than 5 metres and less than 9 metres.

Zones	Community Help - Percentage	Financial Participation of the Spanish State - Percentage
Andalusia, Canary Islands, Ceuta, Melilla and Galicia	35	Between 5 and 25
of Spain	20	Between 5 and 25

2. Vessels of a length between perpendiculars greater than or equal to 9 metres or 12 metres for vessels capable of carrying out the trawl, not exceeding 33 metres.

Zones	Community Help - Percentage	Financial Participation of the Spanish State - Percentage
Andalusia, Canary Islands, Ceuta, Melilla and Galicia	30	Between 5 and 25
of Spain	15	Between 5 and 25

3. Vessels of a length between perpendiculars exceeding 33 metres.

Zones	Community Help - Percentage	Financial Participation of the Spanish State - Percentage
Andalusia, Canary Islands, Ceuta, Melilla and Galicia	20	Between 5 and 25
of Spain	5	Between 5 and 25

ANNEX II

The amount of the redistribution premium and the cooperation premium

	tonnage (expressed in tons gross record)	The premium of the redistribution per ship (ECUs/day)
than 25	81
From 25 to less than 50	161
50 to less than 70	227
From 70 to less than 100	358
100 to less than 200	650
200 to less than 300	1,073
300 to less than 500	1,430
500 to less than 1,000	1,820
	less than 1,500	2.405
1,500 to less than 2,000	2,925
From 2,000 to less than 2,500	3,250
2,500 to less than 3,000	3,705
3,000 or more	4.225

ANNEX III

Bareno of temporary stoppage help

3,000

	tonnage (expressed in gross record tons)	Maximum ship premium for ship (ECUS/day)
		ships of less of 10 years	Ships of 10 years and more
than 70	200	150
From 70 to less than 100	300
From 100 to less than 200	600	400
200 to less than 300	950	700
300 to less than 500	1,200	1 ,000
500 to less than 1,000	1,500	1 .300
1,000 to less than 1,500	2,000
1,500 to less than 2,000	2,400	2,100
2,000 to less than 2,500	2,700	2,300
	3,100
or more	3,500	3,000

ANNEX IV

Eligibility of expenses resulting from the grant of permanent cessation aid

A) Ships whose length between perpendiculars is greater than or equal to 5 metres and less than 9 metres, which is raised to 12 metres for vessels capable of carrying out the trawl

Buque whose gross record tonnage (TRB) is comprised of

Ship Age - Years	Eligible amount for ships intended for scrapping
than 5.		3,500 ECUs/TRB + 7,500
	20	2,500 ECUs/TRB + 5,000
5 to less 10.	10 and less than or equal to 20	3,000 ECUs/TRB + 10,000
	20	2,250 ECUs/TRB + 6,250
Of 10 Less than 25	10 and less than or equal to 20	2,500 ECUs/TRB + 15,000.
	20	2,000 ECUs/TRB + 8,750

B) Ships with a length between perpendiculars equal to or greater than 9 metres, which is increased to 12 metres for vessels capable of carrying out the trawl

Buque whose gross record tonnage (TRB) is comprised of

Ship Age - Years	Eligible amount for ships destined
	Scrapping	Definitive Transfer to a third country
	Less than or equal to 10	-	3.375 ECUs/TRB + 18,750
than 50.	Top 10 and less than or equal to 20	4,500 ECUs/TRB + 25,000	2,812 ECUs/TRB + 15,625
	Top 20	3,500 ECUs/TRB 12,000	2,250 ECUs/TRB + 12,500
	Less than or equal to 10	-	3,000 ECUs/TRB + 37,500
50 to less than 100.		4,000 ECUs/TRB + 50,000	2,500 ECUs/TRB + 31,250
	Top to 20	3,000 ECUs/TRB + 37,500	2,000 ECUs/TRB + 25,000
	Lower or equals 10	-	1,500 ECUs/TRB + 187,500
100 to less than 400.		2,000 ECUs/TRB + 250,000	1,250 ECUs/TRB + 156.250
	Top 20	1,500 ECUs/TRB + 187,500	1,000 ECUs/TRB + 125,000
	-	-	750 ECUs/TRB + 487,500
	400 to less from 3,500.	Top 10 and less than or equal to 20	1,000 ECUs/TRB + 650,000	625 ECUs/TRB + 406.250
		750 ECU/TRB + 487,500	500 ECUs/TRB + 325,000
	Lower or equal to 10	-	600 ECUs/TRB + 101,250
From 3,500 and above.	Top 10 and less than or equal to 20	800 ECUs/TRB + 1,350,000	500 ECUs/TRB + 843,750
		600 ECUs/TRB + 1.012,500	400 ECUs/TRB + 675,000

ANNEX V

Amount of Community Financial Assistance for Mixed Societies

	Category - Gross Record Tons	Age of ship - Years (1)	Amount per ship
	Lower or equal to 10	6,000 ECUs/TRB + 75,000
than 100.	Top 10 and less than or equal to 20	4,000 ECUs/TRB + 50,000
	Top 20	3,000 ECUs/TRB + 37,500
Top or equal to 100 and less than 400.	Less than or equal to 10	3,000 ECUs/TRB + 375,000
	10 and less than or equal to 20	2,000 ECUs/TRB + 250,000
	20	1,500 ECUs/TRB + 187,500
or equal to 400 and less than 3,500.	Less than or equal to 10	1,500 ECUs/TRB +
	10 and less than or equal to 20	1,000 ECUs/TRB +
20	750 ECUs/TRB + 487,500
or equal to 3,500.	Less than or equal to 10	1,200 ECUs/TRB + 2,025,000
	10 and less than or equal to 20	800 ECUs/TRB + 1,350,000
		600 ECUs/TRB + 1.012,500

1) The age of the vessel shall be calculated on the same day as the filing of the application in the competent administration.

General note: The amount in ECUs of the premiums contained in Annexes II, III, IV and V shall be converted into pesetas according to the agricultural conversion rate in force on 1 January of the same year in which the premiums are granted. The conversion rate for 1991 is 154,794 pesetas/ECU.