THE REAL DECREE TWO THOUSAND FIVE HUNDRED AND TWENTY-ONE HUNDRED AND SEVENTY-SIX, OF EIGHT OCTOBER, ON JOINT FISHING ENTERPRISES, AND IN ADDITION PROVISIONS THAT MODIFY, COMPLEMENT OR DEVELOP, HAVE ALLOWED TO REACH, ALTHOUGH ONLY IN PART, THE OBJECTIVES PURSUED BY THE GOVERNMENT WITH THIS REGULATION, IN PARTICULAR WITH RESPECT TO THE REDUCTION OF THE NUMBER OF FISHING UNITS THAT MADE UP OUR FLEET

THESE PARTIAL RESULTS HAVE, IN PARTICULAR, BEEN PRODUCED BY THE LIMITING CONDITION THAT ONLY THE SPANISH FISHING COMPANIES THAT CONTRIBUTE OR SELL TO JOINT FISHING UNDERTAKINGS COULD BENEFIT FROM THE BENEFITS GRANTED SHIPS OF YOUR PROPERTY ENTERED IN THE THIRD OFFICIAL LIST OF SHIPS BEFORE THE DAY ONE OF JANUARY OF ONE THOUSAND NINE HUNDRED AND SEVENTY SIX

THEREFORE, WITH A VIEW TO THE FUTURE ACCESSION OF SPAIN TO THE EUROPEAN ECONOMIC COMMUNITY, WITHOUT AMENDING THE PROVISIONS RELATING TO VESSELS REGISTERED BEFORE THAT DATE, IT IS NECESSARY TO ESTABLISH NEW CONDITIONS WHICH THEY ARE IN FAVOUR OF VESSELS ON THE HOLDING REGISTERED AFTER 1 JANUARY OF ONE THOUSAND NINE HUNDRED AND SEVENTY-SIX, AS WELL AS NEW CONSTRUCTION VESSELS CONTRACTED BY THE SPANISH INVESTOR ON BEHALF OF THE JOINT FISHING UNDERTAKING IN WHICH THEIR CONTRIBUTION TO SOCIAL CAPITAL BE AT LEAST FORTY PER CENT

IN ITS VIRTUE, ON THE PROPOSAL OF THE MINISTRIES OF AGRICULTURE AND FISHERIES AND OF ECONOMY AND TRADE, IN ACCORDANCE WITH THE ONE OF FINANCE AND AFTER DELIBERATION OF THE COUNCIL OF MINISTERS AT ITS MEETING OF THE TWENTIETH DAY OF AUGUST OF A THOUSAND NINE HUNDRED Eighty-ONE, I HAVE:

ARTICLE FIRST. -THEY WILL BE ABLE TO BENEFIT FROM THE BENEFITS PROVIDED FOR IN THE ROYAL DECREE TWO THOUSAND FIVE HUNDRED AND TWENTY THOUSAND NINE HUNDRED AND SEVENTY-SIX, OF EIGHT OF OCTOBER, ON JOINT FISHING ENTERPRISES, SPANISH FISHING COMPANIES THEY PROVIDE OR SELL TO A JOINT FISHING UNDERTAKING IN WHICH AT LEAST 40% OF THE SHARE CAPITAL IS INVOLVED, THE VESSELS OF THEIR HOLDING IN OPERATION ENTERED IN THE THIRD OFFICIAL VESSEL LIST AFTER THE DAY ONE OF JANUARY 1 000 NINE HUNDRED AND SEVENTY-SIX, UNDER THE CONDITIONS SET OUT IN THE FOLLOWING ARTICLE:

ARTICLE SECOND. -ONE. IN ORDER TO BENEFIT FROM THE BENEFITS PROVIDED FOR IN THE PREVIOUS ARTICLE, SPANISH FISHING UNDERTAKINGS SHALL PROVIDE FOR THE SCRAPPING OF A COMMA OF 20 GROSS REGISTERED TONNES FOR EACH TONNE OF GROSS RECORD OF THE VESSEL TO BE SOLD OR TO BE SUPPLIED TO THE UNDERTAKING. JOINT FISHING

TWO. THE SCRAPPING TO BE PROVIDED SHALL NECESSARILY BE OF FRESH TRAWLS INCLUDED IN THE CENSUSES OF VESSELS OPERATING IN THE EUROPEAN ECONOMIC COMMUNITY AND MOROCCO

ARTICLE THIRD. -ONE. THEY WILL ALSO BE ABLE TO BENEFIT FROM THE BENEFITS PROVIDED FOR IN THE ROYAL DECREE TWO THOUSAND FIVE HUNDRED AND TWENTY-HUNDRED AND SEVENTY-SIX, OF EIGHT OCTOBER, THE SPANISH FISHING COMPANIES THAT CONTRACT THE CONSTRUCTION OF NEW SHIPS IN SHIPYARDS SPANISH ON BEHALF OF JOINT FISHING UNDERTAKINGS IN WHICH THEY PARTICIPATE AT LEAST 40% OF THEIR SHARE CAPITAL, SUBJECT TO THE CONDITIONS LAID DOWN IN THE FOLLOWING PARAGRAPHS

TWO. THE SPANISH FISHING UNDERTAKINGS REFERRED TO IN THE PRECEDING SUBPARAGRAPH SHALL, PRIOR TO THE LAUNCHING OF THE VESSEL UNDER CONSTRUCTION, PROVIDE FOR THE SCRAPPING OF TWO TONNES OF GROSS REGISTRATION FOR EACH TONNE OF GROSS NEW CONSTRUCTION RECORD

THREE. THE SCRAPPING TO BE PROVIDED SHALL NECESSARILY BE FROM SPANISH FRESH TRAWLERS INCLUDED IN THE CENSUSES OF VESSELS OPERATING IN THE EUROPEAN ECONOMIC COMMUNITY AND MOROCCO

TRANSIENT DISPOSITION

FROM THE DATE OF THE ENTRY INTO FORCE OF THIS ROYAL DECREE, SPANISH FISHING COMPANIES THAT PARTICIPATE IN AT LEAST FORTY PERCENT OF THE SHARE CAPITAL OF A JOINT FISHING COMPANY THAT, PRIOR TO ITS PUBLICATION HAS ACQUIRED SHIPS FROM THOSE INCLUDED IN THE ARTICLES FIRST AND THIRD, THEY MAY REQUEST FROM THE MINISTRY OF AGRICULTURE AND FISHERIES THE APPLICATION OF THE BENEFITS GRANTED, PROVIDED THAT THEY PROVIDE THE PLANNED SCRAPPING ACCORDING TO THE CASE

FINAL PROVISIONS

FIRST. BY THE MINISTRIES OF FINANCE, ECONOMY AND TRADE AND AGRICULTURE AND FISHERIES THE PRECISE PROVISIONS FOR THE DEVELOPMENT AND IMPLEMENTATION OF THE FOREWARNED IN THIS ROYAL DECREE WILL BE DICTATED.

SECOND.-THE REFERRING THAT TO THE GENERAL DIRECTION OF MARINE FISHING MAKES THE ROYAL DECREE TWO THOUSAND FIVE HUNDRED AND TWENTY-THOUSAND NINE HUNDRED AND SEVENTY-SIX, OF EIGHT OF OCTOBER, ON JOINT FISHING ENTERPRISES, MODIFIED BY THE REAL ONES DECREES A THOUSAND AND SEVENTY-FIVE HUNDRED AND SEVENTY-SEVEN, OF THIRTEEN OF MAY, AND TWO THOUSAND EIGHT HUNDRED AND THIRTY-NINE HUNDRED AND SEVENTY-SEVEN, OF TWENTY-EIGHT OF OCTOBER, AS WELL AS THE ORDER OF ONE OF AUGUST OF A THOUSAND NINE HUNDRED AND SEVENTY-SEVEN, MUST HEREINAFTER REFERRED TO AS THE FISHERIES SUB-SECRETARIAT

GIVEN IN PALMA DE MALLORCA TO TWENTY OF AUGUST OF A THOUSAND NINE HUNDRED AND EIGHTY-ONE. -JUAN CARLOS R.-THE MINISTER OF THE PRESIDENCY, PIUS CABANILLAS GALLAS