Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund (EMFF) and repealing Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 861/2006, Council Regulation (EC) No 791/2007, and Regulation (EU) No 1255/2011 of the European Parliament and of the Council, lays down in Article 34 the possibility of granting aid for the permanent cessation of fishing activities to owners and fishermen of fishing vessels when this is achieved by the scrapping of fishing vessels and provided that such scrapping is included in the operational programme referred to in Article 18 of that Regulation and the final cessation is provided for as an instrument of an action plan referred to in Article 22 (4) of Regulation (EU) No 1380/2013, that the fleet segment is not effectively balanced with the fishing possibilities available for that segment.

The Operational Programme for Spain of the European Maritime and Fisheries Fund for the programming period 2014-2020, approved by decision of the European Commission of 13 November 2015, contains the requirements for the granting of aid to the Spanish fisheries sector.

Article 34 of Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014, states that the support of the EMFF for the permanent cessation of fishing activities is shall grant to owners of Union fishing vessels which are registered as assets and have carried out a fishing activity of at least 90 days a year at sea during the two years preceding the date of submission of the application for a aid or fishermen who have worked at sea for at least 90 days a year during the two years preceding the year the date of submission of the application for aid on board a Union fishing vessel affected by the permanent cessation. The computation of years has to be understood as natural years, for the period from January 1 to December 31.

Articles 94 and 95 of that Regulation provide for the co-financing rates and the intensity of the public aid which may be granted to the beneficiaries of such aid.

Moreover, Royal Decree 1173/2015 of 29 December 2015 on the development of the European Maritime and Fisheries Fund with regard to aid for the permanent and temporary cessation of fishing activities in Chapter II thereof, Article 34 of Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the conditions for the application of the aid, the amounts of aid, the requirements of the verification and justification of the conditions for accessing the same, as well as the processing by the General Administration of the State and the Autonomous Communities. In its Chapter I, it sets out the general rules that include its object; the causes for which aid applications will be considered inadmissible and the intensity of the aid.

As set out in Article 11 of the Royal Decree, the aid will be processed and managed by the Directorate-General for Fisheries Management which will forward to the autonomous communities the relationship with the aid applications. submitted on each call to issue a report on the convocation within ten days.

However, the fleet whose exclusive activity is the sea-fishing fleet or on board a vessel and the one that operates exclusively in the inland waters of the autonomous communities, as well as that of the vessels with a base port in the autonomous community of the Basque Country, in which case the aid shall be managed by the respective autonomous communities.

Consequently, by this order, the regulatory bases for the granting of the aforementioned aid to the owners and fishermen of Spanish fishing vessels are established, irrespective of where the port is located. base.

The affected sector, the autonomous communities, as well as the social partners involved have been consulted. Likewise, the reports of the State Attorney and the Delegation in the Department are included, in accordance with the provisions of Article 17 of Law 38/2003 of 17 November, General of Grants.

This order is issued pursuant to the provisions of Royal Decree 1173/2015 of 29 December 2015.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

CHAPTER I

General provisions

Article 1. Object and scope of application.

1. This order lays down the regulatory bases for aid to the owners and fishermen of Spanish fishing vessels affected by the permanent cessation of fishing activities, as provided for in Chapter II of Royal Decree 1173/2015, December 29, for the development of the European Maritime and Fisheries Fund as regards aid for the permanent and temporary cessation of fishing activities.

2. Aid may be granted for the permanent cessation of fishing activities where such cessation is envisaged as an instrument of the action plan, in force at the time of publication of the call for aid, as laid down in the Article 22.4 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing them Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004 /585/EC, indicating that the fleet segment is not effectively balanced with the fishing opportunities available to that segment and complies with the forecasts laid down in Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014, concerning the European Maritime and Fisheries Fund (EMFF) and repealing Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and the Council and, in particular, with the provisions of Article 34 thereof.

3. Such aid shall be granted only if the provisions of Chapters I and II of Royal Decree 1173/2015 of 29 December 2015 and consistent rules are complied with, and may be granted until 31 December 2017.

4. The aid shall be notified by the autonomous community where it radiuses the base port of the vessel for which the permanent cessation is requested, as provided for in Article 9.3 of this order.

5. The aid to owners and fishermen of fishing vessels of the fleet whose exclusive activity is the sea-fishing vessel or on board a vessel and the fishing vessel fishing exclusively in inland waters shall be exempt from the application of this order. of the autonomous communities, as well as that referred to the vessels with a base port in the autonomous community of the Basque Country.

6. Similarly, no such aid shall be eligible for any of the cases referred to in Article 10 of Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 and during the period of time. intended to be applied.

In this respect, no aid could be obtained who would have been punished with the impossibility of obtaining loans, grants or public aid, in accordance with the provisions of Title V of Law 3/2001 of 26 March 2001. Sea fishing of the State and, where appropriate, by the regulations of the Autonomous Communities.

Likewise, no aid may be granted to those who are not present in any of the prohibitions to have the consideration of the beneficiary provided for in Article 13 of Law 38/2003, of 17 November, General of Grants.

Article 2. Incompatibility of aid.

1. The aid covered by this order is incompatible with the collection of other subsidies, aid, revenue or resources for the same purpose from any national or public authorities or public authorities of the Union. European or international organisations.

2. The perception of aid on the condition of the owner of a vessel will be incompatible with the perception of aid as a fisherman.

Article 3. Funding.

1. The financing of the planned aid shall be made from the budgetary implementation to be determined for each financial year in the general budget of the State and shall be indicated on each call.

The maximum amount of aid may be 100% of the eligible amount, with the contribution of the European Maritime and Fisheries Fund of 50%, corresponding to the other 50% of the national contribution in accordance with the provisions in Articles 95.2 and 94.3 of Regulation (EU) No 508/2004 of the European Parliament and of the Council of 15 May 2014.

2. The expenditure provided for in this aid may be charged to financial years after the year in which the decision to grant the aid falls, as provided for in Article 57 of the Regulation of the General Grant Law, approved by the Royal Decree Decree 887/2006, dated July 21.

3. Both the granting of the aid and the payment of the aid are subject to adequate and sufficient credit in the corresponding budgetary implementation of the general budget of the State.

Article 4. Beneficiaries.

1. They may be beneficiaries of aid for the permanent cessation of fishing activities:

(a) owners of fishing vessels of ten or more years of age who are registered as assets and who have carried out a fishing activity of at least 90 days a year at sea, during the two years prior to the date of the date of of the submission of the application.

(b) Fishermen who have worked at sea for at least 90 days a year during the two years prior to the date of submission of the aid application on board a Union fishing vessel affected by the cessation of fishing definitive.

2. The fishing activity required in the preceding paragraph must have been carried out in the mode and fishing grounds specified in each call order and for at least 90 days in each of the two years preceding the year in which the application for permanent cessation aid.

3. The days of activity at sea referred to in the previous paragraph shall be verified ex officio by means of satellite tracking devices (VMS). In the case of ships that do not have an obligation to carry such devices on board, these devices shall be verified by electronic on-board (DEA) journals.

In the case of ships that do not have an obligation to carry on board the above devices, the days of activity shall be verified by the fishing journal.

For other vessels which have no obligation to carry on board the said devices or to fill in the fishing logbooks, the activity shall be verified by the sales notes, provided that the agreement between day of sale and day of landing or catch, as well as by any other device, document or medium that allows to verify the days of activity at sea.

Article 5. General conditions.

1. The permanent cessation shall be achieved by the scrapping of the vessel.

2. The vessels concerned shall not be eligible for permanent cessation, except in those cases where the accident occurred after the date of notification of the decision granting the aid in question. permanent cessation by scrapping.

3. From the date on which the final favourable decision to grant the aid is notified, the fishing activity shall be suspended in full, the vessel being placed on a temporary leave and the licences and authorisations being cancelled at that time. temporary permits (PTP) of fishing that were in force. The suspension of the fishing activity must be credited through the delivery of the role in the Maritime Captaincy of the port at the moment of the arrival to it. The provisional low status will be definitively taken at the time the scrapping materializes and has been discharged from the Register of Ships and Shipping Companies in accordance with Article 62.3 of Law 3/2001 of 26 March.

The final low status will be pre-paid for the help.

4. From the moment of notification of the final decision granting the aid, the General Secretariat of Fisheries of the Ministry of Agriculture, Food and Environment, as provided for in Articles 27 and 29 of Law 3/2001, of 26 In March, it shall distribute all the fishing opportunities which may be definitively transferred from the vessels receiving aid for the permanent cessation of their fishing activities.

In this sense, it is understood by the totality of the fishing possibilities that the vessel was originally assigned. This reversal shall be final when the decision granting the aid is final. Otherwise, they will return to the requester.

The fishing opportunities shall be distributed as laid down in the rules governing the fisheries concerned.

5. Owners of fishing vessels benefiting from such aid shall be prohibited from registering a fishing vessel in the third list of the Register of Ships and Shipping Enterprises or in any other register of Community or non-Community flags in the five years following the date of receipt of the aid.

In the event that ownership of the property of the vessels benefiting from the aid falls to natural persons, this restriction shall extend to their relatives to the second degree, as well as to their participation in persons Legal instruments to be registered by other vessels. In the case of a legal person, the restriction shall affect its members, who may not register a vessel or participate in a company to be registered.

Article 6. Requirements for obtaining the payee condition.

In addition to meeting the specific requirements set out in the calls, applicants must meet the following general requirements:

(a) Ships whose owners or fishermen are subject to such aid must be registered in Spain on the third list of the Register of Ships and Shipping Companies, in a high position in the General Registry of Fleet fishing, as well as belonging to a company located in the European Union and having the consideration of active vessels, as defined in Article 10.2 of Royal Decree 1173/2015 of 29 December 2015.

(b) Such vessels shall also be in possession of the fishing licence and of the authorisations for the modalities and fishing grounds identified in each call.

c) Fishermen who are to be subject to such aid must be enrolled on board any of the Spanish fishing vessels concerned by the permanent cessation of fishing activities and proof of a period of contribution to the Special Regime of the Social Security of the Workers of the Sea, at least one year throughout their working life.

(d) Fishermen who are to be the subject of such aid must not have complied with the statutory retirement age.

e) Being current in the payment of repayment obligations and reimbursement of grants.

f) In the case of owners of fishing vessels, not having been punished with the loss of the possibility of obtaining subsidies for non-compliance with the rules on equality between women and men of agreement As provided for in the recast of the Law on Infringements and Sanctions in the Social Order, approved by the Royal Legislative Decree 5/2000 of 4 August.

g) Be aware of your tax obligations and social security.

Article 7. Award procedure and calls.

1. Such aid shall be granted on a competitive basis in accordance with the principles of advertising, transparency, objectivity, equality and non-discrimination and effectiveness and efficiency as laid down in Article 8.3 of Law 38/2003 of 17 May General of Grants, as well as in accordance with the provisions of Chapters I and II of Royal Decree 1173/2015 of 29 December 2015.

2. The holder of the Ministry of Agriculture, Food and the Environment or the delegation-acting body shall convene the grants established in this order by publication in the National Grant Database (BDNS), http://www.igae.pap.minhap.gob.es, and an excerpt from it, in the "Official State Gazette".

3. The calls for assistance shall meet the objective criteria for the implementation of the aid, which shall in any event take account of the available budgetary resources, the amount of eligible expenditure, the amount of the maximum possible support to be granted and the assessment of applications.

They may also refer to one or more of the fleet segments referred to in Article 1 (2), taking into account the specific policy of adaptation of the fleet deemed necessary for each fleet. exercise.

Article 8. Form and time limit for the submission of applications.

1. The submission of applications shall be made preferably through the electronic register of the Ministry of Agriculture, Food and the Environment, on the models or forms that will be accessible at the electronic headquarters.

Optionally, applications may also be submitted presentially in any of the places and registers set out in Article 38.4 of Law 30/1992, of 26 November, of the legal regime of the administrations public and the common administrative procedure, using the standard form available at the electronic headquarters of the Ministry of Agriculture, Food and the Environment.

2. The submission of applications shall entail the authorisation of the applicants for the instructor to obtain directly the accreditations of the fulfilment of the tax obligations and of the social security through telematic certificates. However, the applicant may expressly refuse such consent, in which case it shall provide the corresponding certifications, in accordance with the provisions of Article 22.4 of the Regulation of Law 38/2003 of 17 November Grants, approved by Royal Decree 887/2006, dated July 21.

3. The time limit for the submission of applications shall be for owners and fishermen not less than one month from the day following the publication of the extract of the call in the Official Gazette of the State.

4. Only full applications, accompanied by all documentation, both general and specific required in the call, will be assessed. Where the application or any of the documents accompanying it is not in any defect, the person concerned shall be required to remedy the fault within a period of 10 days, with the indication that, if he does not do so, he shall be given a withdrawal from his or her request, which shall be recorded in the resolution referred to in Article 9.7.

Article 9. Sorting, instruction, and resolution.

1. The holder of the Department or person to whom the delegation is delegated shall issue the public call for the aid to be published in the form referred to in Article 7.

2. The instruction shall be carried out by the Subdirectorate-General for Structural Policy, which shall carry out all the necessary actions for the determination, knowledge and verification of the data under which the proposal is to be formulated. resolution.

3. The instructor shall forward to the autonomous communities the relationship with the aid applications submitted in each call for a report on the applications within 10 days. If no reply is received within that period, the action may be continued.

4. The instructor shall, on its own initiative, verify the conditions and conditions required for obtaining the aid and, where appropriate, those requirements which the applicant's justification expressly provides for in this order or in the respective calls.

5. The applications submitted shall be examined and evaluated by an evaluation committee, set up for this purpose, chaired by the Deputy Director-General of the Deputy Directorate-General for Structural Policy, to be appointed by the Commission. the holder of the Directorate-General for Fisheries Management and of which, in the capacity of vowels, two officials with the minimum level of Head of Section of the General Secretariat for Structural Policy appointed by the President, of whom, one of them will act as Secretary, counting with voice and vote. The operation of the Evaluation Commission shall be attended by the personal, technical and budgetary means of the Directorate-General for Fisheries Management and shall adjust its operation to the provisions laid down for the collegiate bodies in Chapter II of Title II of Law 30/1992 of 26 November.

6. The evaluation committee, in accordance with the assessment criteria set out in Articles 13 and 17, shall examine and assess all applications submitted and shall inform the instructor body which shall draw up the motion for a resolution. The proposal shall contain a list of the applications for which the aid is proposed and the amount of the applications for which the assessment criteria applied.

7. The holder of the department or person to whom he delegates shall give and notify, on a proposal for a decision made by the instructor, the relevant decision within a period which may not exceed six months from the date of publication of the extract from the corresponding call in the "Official State Gazette".

This resolution shall be reasoned in accordance with the provisions of the call, referring to the assessments carried out by the relevant evaluation committee, the minutes of which may be accessed by the applicants concerned, and determine the beneficiaries, the amount of the aid and, where appropriate, the rejection of the remaining applications.

It shall also include an orderly relationship of all applications which, in compliance with the conditions for acquiring the status of a beneficiary, have not been estimated to exceed the maximum amount of the credit fixed in the call, with an indication of the score given to each of them according to the assessment criteria provided for in the call.

The resolution will end the administrative route and against it will be able to take the opportunity of replenishment before the holder of the Ministry of Agriculture, Food and Environment within the maximum period of one month from the day following its notification, on the basis of the provisions of Article 116 of Law No 30/1992 of 26 November 1992, or the administrative and administrative appeal, in accordance with Law No 29/1998 of 13 July 1998 on the Legal-Administrative Jurisdiction within the maximum period of two months.

8. In the event of the waiver or loss of the right to the aid by any of the beneficiaries, and provided that sufficient credit has been released to meet at least one of the requests not addressed by the lack of budgetary credit, it may be agreed, without the need for a new call, to grant the grant to the following applicant or applicants in order of their score, within a period not exceeding one month after the loss of the right. To this end, the option shall be communicated to the parties concerned in order to express their acceptance within the period of 10 days. Once the proposal has been accepted by the applicant or applicants, the holder of the General Directorate of Fisheries Management will dictate the granting decision.

9. The resolution will be communicated to the National Grant Database (BDNS) in accordance with the provisions of Articles 18 and 20 of Law 38/2003 of 17 November. It shall be notified in accordance with Articles 58 and 59 of Law No 30/1992 of 26 November, and the full content of the same shall be stated on the notice board and on the website of the Ministry of Agriculture, Food and Environment, for a period of not less than 15 days.

10. If, within the maximum period laid down in this order for the purpose of issuing and notifying the decision, the aid application is not being applied, the application for aid shall be deemed to be dismissed by administrative silence.

Article 10. Reinstatement and graduation of defaults.

1. Failure to comply with the requirements set out in this order, in Royal Decree 1173/2014 of 29 December 2014 and other implementing provisions, as well as the conditions which, where appropriate, are laid down in the relevant decision of grant, in whole or in part, prior to the timely filing of non-compliance, to the obligation to reintegrate the corresponding grants and legal interests, in accordance with the provisions of Article 37 (1) of the Law 38/2003, dated November 17.

2. In accordance with Article 17 (3) (l) of that Law, any alteration of the conditions under consideration for the grant of the grant, and in any event the concurrent obtaining of the grant, may result in the amendment of the decision. other contributions.

3. In accordance with Article 17 (3) (n) of the abovementioned Law, it will be taken into account for the graduation of possible breaches of the conditions imposed by the grant of the grants, which the beneficiary it is a significant step towards full compliance and that it demonstrates that it has done its best to comply fully with the commitments it made when applying for the grant.

4. Failure to comply with the conditions laid down in Articles 2.1 and 6.7 of Royal Decree 1173/2015 of 29 December 2015 will give rise to the repayment of the total aid.

CHAPTER II

Aid to owners of fishing vessels

Article 11. General documentation.

1. In addition to the specific documentation which may be required for each type of aid, which shall be specified in the relevant calls, the application shall be submitted:

(a) The updated registration of the ownership of the ship, with an indication of the absence of charges and charges. In the event of the existence of charges or charges, express authorisation of the creditor holder of the credit to which the charge or charge relates, allowing the permanent cessation of the vessel.

(b) Express authorisation to the managing body to obtain directly the accreditation of being aware of the payment of the tax and social security obligations or, failing that, certificate stating that it is current in the the payment of those obligations Such authorisation may also be provided by marking and signing the box for the purpose of the application form for the aid.

If the validity of these certifications has expired, the proposal for a resolution and the payment of the aid must be renewed before the decision is made.

(c) In the case of legal persons, the original or certified copy of the writing of the constitution, as well as the power or other supporting documentation of the representative faculties of the natural person, shall be provided. to act on behalf of those.

(d) Express authorisation to the managing body to verify the identity data by reference to the Identity Data Verification System provided for in Article 1 (3) of Royal Decree 522/2006 of 28 April 2006, deleting the contribution of photocopies of identity documents in the administrative procedures of the General Administration of the State and its related or dependent public bodies or in their absence, photocopy of the document. Such authorisation may also be provided by marking and signing the box for the purpose of the application form for the aid.

e) In the case of legal persons, NIF of the company.

(f) The applicant's statement that it is not in any of the cases referred to in Article 10 of Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014.

g) Statement of the applicant on the basis of verified evidence:

1. No aid requested, whether or not granted, in the form of temporary cessation, aid to young fishermen for the acquisition of their first fishing vessel and investments on board or in the equipment of fishing vessels in the Five years from the date of submission of the application for permanent cessation aid.

2. No other grants, grants, revenue or resources for the same purpose, from any public or private authorities, national, European Union or agency, have not been received or requested.

3. Be aware of the payment of repayment and reimbursement obligations, both with the General Administration of the State and with the administrations of the Autonomous Communities.

4. No. Not having been punished with the loss of the possibility of obtaining grants for non-compliance with the rules that would be applicable to equality between women and men.

5. No. Not be in any of the other cases of Article 13.2 of Law 38/2003 of 17 November, General of Grants.

6. Aid requested, whether or not received, by construction, pilot project or export, during the 12 years preceding the date of application for permanent cessation aid.

7. No. Not having been punished with the impossibility of obtaining loans, grants or public aid, in accordance with the provisions of Title V of Law 3/2001, of March 26, and, where appropriate, by the regulations of the communities standalone.

8. The availability of all the original fishing opportunities, as defined in Article 6.6 of Royal Decree 1173/2015 of 29 December 2015 and those other than those that may have been acquired by after.

h) Scrapping Justification, contributing the following documents:

1. Declaration of the owner of the ship's property on the destination to be given to the scrapped parts of the ship's hull.

2. No scrapping pre-contract with the yard in which the actual cost of the scrapping is broken down. In addition, the amount agreed on by the value as scrap of the hull of the ship as well as other ship materials (equipment, gear and gear) to be sold by the yard shall be included as appropriate.

i) Nominative relationship of coiled and discharged crew, or in any of the situations assimilated to the discharge, with a letter of tax identification and affiliation to the Social Security, at the time of requesting the stop definitive.

2. The declarations provided for in paragraph 1 of this Article shall be submitted in accordance with the model set out in each call.

Article 12. Amount of the definitive cessation aid for the owners of the fishing vessels.

1. The aid shall consist of the amount resulting from the application of the scale, where appropriate, of the eligible costs.

2. The scales for aid shall be obtained from the historical value of the hull of the vessel for each fleet segment of a fishing modality, as set out in the Annex to this order.

For the purposes of this aid, the censal mode of the vessel shall be that shown in the General Register of the Fishing Fleet at the date of submission of the aid applications, which must be the same as the one in the General Register of the Fishing Fleet at the entry into force of Royal Decree 1173/2015 of 29 December.

3. The amount corresponding to each vessel by the application of the scale shall be calculated by multiplying the corresponding scale by the gross tonnage (Gt) number of the vessel that has been stopped.

For these purposes, the number of gross tonnage (Gt) will be the number in the ship's seat sheet. For the purposes of calculating the aid, the gross tonnage (Gt) increases shall not be calculated as a result of the modernisation works carried out in accordance with Articles 9 and 10 of Commission Regulation (EC) No 1013/2010 of 10 November 2010 laying down detailed rules for the implementation of the Union fishing fleet policy as defined in Chapter III of Council Regulation (EC) No 2371/2002 in the five years preceding the date of termination of the Union's fishing fleet policy the time limit for the submission of applications for permanent cessation aid.

4. For vessels less than 18 metres in length, the scale shall be increased by adding a correction coefficient obtained from the average value of the revenue received by fishing activity in the period 2011-2013, as set out in that Annex to the present order.

5. The cost of the scrapping shall be eligible for the amount shown in the pre-contract referred to in Article 11 (h) 2., by minoring the amount agreed on by the cost of the scrap, as well as other materials of the vessel (equipment, gear or gear) which are to be sold by the yard.

6. Beneficiaries of the aid may freely dispose of the equipment, gear and gear of the vessel.

7. The amount obtained by the sale of the parts of the hull of the ship as scrap shall be reduced, where the profits of this sale are borne by the owner of the vessel's property, as well as the amount calculated in accordance with the provisions of the Article 11 (h)

.

8. In the event of a disaster of the vessel, as provided for in Article 6.4 of Royal Decree 1173/2015 of 29 December 2015, the amount of the aid shall be deducted from the amount received by the ship's hull, from entities insurers.

9. It shall be deducted from the amount obtained by applying the method set out in the preceding paragraphs, in accordance with the 'pro rata temporis' criterion, the amount of aid received by the vessel for temporary cessation, aid to young people fishermen for the acquisition of their first fishing vessel in accordance with Article 31.2 of Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 and investments on board or in equipment of the vessel received during the five years preceding the date of application for the definitive cessation aid.

"prorrata temporis" shall also be deducted, the aid received by construction, pilot project or export, during the 12 years preceding the date of application for the definitive cessation aid.

Article 13. Assessment criteria.

1. The assessment of applications shall be carried out on the basis of the following criteria:

(a) The imbalance between the capacity and the fishing opportunities of the segment in which the vessel subject to the application has carried out its activity in the two years prior to that of the call.

The disequilibrium segments will be those contained in the Fleet Action Plan provided for in Article 22 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy, in force in the time of the call. It will be valued in increasing order according to the highest degree of imbalance of each segment under call, with a maximum of three points, weighted as follows:

Vessels belonging to a segment in priority 1 of the Fleet Action Plan: Three Points.

Vessels belonging to a segment in priority 2 of the Fleet Action Plan: Two points.

Ships belonging to a segment in priority 3 of the Fleet Action Plan: A point.

b) The fishing activity of vessels. This activity will be measured through the following formula: Landed Catches/Gt x day. The median of the segment or segments in disequilibrium object of the corresponding call order shall be calculated. For the indicator obtained, different sections shall be established: 0 <25; ≥25 <50; ≥50 <75 and ≥75 ≤ 100, with a maximum of 4.5 points weighted as follows:

First leg of 0 <25: 4.5 points.

Second tranche of ≥25 <50: 3 points.

Third tranche of ≥50 <75: 2 points.

Fourth tranche of ≥75 ≤ 100: 1 point.

c) Age of ship at the time of resolution.

Ships ≥ 10 years and ≤ 25 years will have a score of 2.5 points.

Ships aged ≥ 26 years and < 40 will have a score of 1.5 points.

Ships of age ≥ 40 years will have a score of 1 point.

2. Depending on the availability of the budget, the ranking of the concurrent requests to the call will be determined for each segment in imbalance according to the following rules:

(a) A total score shall be assigned to each request for assessment, resulting from the addition of the score in each of the assessment criteria referred to in paragraph 1.

(b) In the event of a tie in the score between several applications and the budgetary allocation available at that time is not sufficient to cater for all of them, it will be brought to the end of the tie to the the score obtained by the applications, in this order, in the criteria (b) and (c). If the tie persisted, it would be elucidated by the order of entry of the application in the official register, taking into account the day, hour and minute of filing of the same.

(c) The aid shall be granted in descending order of punctuation, until the budget allocation has been exhausted.

Article 14. Justification and payment of the aid for owners.

1. The beneficiary, within the time limit to be determined in each call, which may not exceed six months after receipt of the notification of the decision in favour of granting the aid, shall request the payment of the aid in writing, shall be submitted in the manner provided for in Article 8 for applications and shall be accompanied by the following supporting documentation in accordance with Article 30 of Law 38/2003 of 17 November:

(a) The updated registration of the ownership of the ship, with an indication of the absence of charges and charges. In the case of the existence of charges or charges, express authorisation of the credit institution allowing the permanent cessation of the vessel.

(b) Statement of not being in any of the cases referred to in Article 10 of Regulation (EU) No 508/2014 on the European Maritime and Fisheries Fund.

c) Statement of the applicant on the basis of the following:

1. To be current in the payment of repayment and reimbursement obligations, both with the General Administration of the State and with the administrations of the Autonomous Communities.

2. No. Not having been punished with the impossibility of obtaining loans, grants or public aid, in accordance with the provisions of Title V of Law 3/2001, of March 26, and, where appropriate, by the regulations of the communities standalone.

3. No. Not having been punished with the loss of the possibility of obtaining grants for non-compliance with the rules applicable to equality between women and men.

4. No. Not be in any of the other cases of Article 13.2 of Law 38/2003 of 17 November, General of Grants.

5. No other grants, grants, revenue or resources for the same purpose, from any public or private authorities, national, European Union or agency, have not been received or requested.

6. No aid requested, whether or not granted, as a temporary standstill, helps young fishermen to acquire their first fishing vessel and investments on board or in the equipment of fishing vessels, in the Five years from the date of submission of the application for permanent cessation aid.

7. Aid requested, whether or not received, by construction, pilot project or export, during the 12 years preceding the date of application for permanent cessation aid.

(d) In the event that the applicant expressly disclaims the consent of the granting authority to obtain directly the accreditation of compliance with the tax obligations and with the social security, positive administrative certification, for the purpose of grants, shall be provided to be current in the payment of the said obligations issued by the competent bodies.

If the validity of these certifications has expired, the proposal for a resolution and the payment of the aid must be renewed before the decision is made.

e) For the purpose of ensuring compliance with the provisions of Article 6.7 of Royal Decree 1173/2015 of 29 December 2015, it shall be provided:

1. º In the case of natural persons, a statement in which the relationship of relatives to the second degree of consanguinity or affinity of the applicant is included.

2. In the case of legal persons, articles of incorporation of the company and, where applicable, subsequent modifications, in which the relationship of the partners of the company is recorded.

(f) Supporting documentation of the final withdrawal of the vessel: Certificate of the Maritime Captaincy of scrapping, accompanied by:

1. Figure number on which the day and hour is recorded, all stages of the scrapping are included and the ship is properly identified. Failure to submit such evidence shall result in the loss of the right to the grant of the grant.

2. Public writing of the scrapping contract with the yard in which the actual cost of the scrapping is broken down, including, where appropriate, the amount agreed on by the value as scrap of the hull of the ship as well as other materials of the vessel (equipment, gear and gear) to be sold by the yard. Failure to submit the contract concluded with the yard shall result in the loss of the right to the grant of the grant.

3. In the case of sale by the owner of the pieces scrapped as scrap, sales invoices and the corresponding payment documents. In the event that they are to be retained by the owner, the purchase invoice or, failing that, their expert assessment shall be provided.

4. In the event that the vessel covered by the aid has been declared as a disaster between the date of the decision to grant the aid and the planned date of scrapping, the owner must present the documentation where appropriate. proof of the amount received for securing the hull of the vessel, which shall be covered by the aid granted.

In exceptional cases to be determined in each call the documentation referred to in the preceding paragraphs may be replaced by a Certificate of the Maritime Captaincy of scrapping or beginning of the scrapping that involves the ship is unserviceable and unrecoverable to navigate.

In these exceptional cases, the certificate shall be accompanied by a notarial commitment, signed by the owner of the vessel, in which he commits to the end of the scrapping within a maximum period of six months from the date of submission of the documentation for the payment and the repayment of the aid in the event of non-materialization of the scrapping within that period.

g) Accreditation of having communicated to the crew the resolution of the corresponding permanent cessation aid.

The documentation required in points (a) to (d) shall not be required if the application for payment is in force. However, the express expression of the person concerned shall be required by means of a document stating that he does not provide the documents in points (a) to (d) for the reason mentioned above.

2. The declarations provided for in paragraph 1 of this Article shall be submitted in accordance with the model set out in each call.

3. The grant of the grant will be monitored by the General Structural Policy Subdirectorate to ensure compliance and maintenance of the requirements and conditions for the granting of the aid.

4. Payment of the aid shall be made in the bank account which has been designated by the beneficiary to the General Secretariat of the Treasury and Financial Policy of the Ministry of Economy and Competitiveness.

CHAPTER III

Aid for fishermen

Article 15. General documentation for the application and payment of the help.

1. In addition to the specific documentation which may be required for each type of aid, which shall be specified in the relevant calls, together with the application it shall be accredited:

(a) Express authorisation to the managing body to check the identity data by reference to the Identity Data Verification System provided for in Article 1 (3) of Royal Decree 522/2006 of 28 April 2006, deleting the contribution of photocopies of identity documents in the administrative procedures of the General Administration of the State and its related or dependent public bodies or in their absence, photocopy of the cited document.

b) Work life report issued by the Social Institute of the Navy.

(c) In the case of fishermen over 55 years old, certified by the Social Institute of the Navy, certifying that the applicant has not met the legal retirement age. The legal retirement age shall, for the purposes of the application, be understood after the application of the retirement age-reducing coefficients in force.

d) A certified copy of the maritime registration book, or, in the case of fishermen who do not have the obligation to have the book, a document showing that they are high on a vessel affected by the permanent cessation during the 90 days in each of the two years prior to the filing date of the application.

e) Statement of the applicant on the basis of verified evidence:

1. To be current in the payment of repayment and reimbursement obligations, both with the General Administration of the State and with the administrations of the Autonomous Communities.

2. No. Not having been punished with the loss of obtaining grants for non-compliance with the rules that apply to equality between women and men.

3. No. Not be in any of the other cases of Article 13.2 of Law 38/2003 of 17 November, General of Grants.

4. No progress in any of the cases referred to in Article 10 of Regulation (EU) No 508/2014 on the European Maritime and Fisheries Fund.

5. No. Not having been punished with the impossibility of obtaining loans, grants or public aid, in accordance with the provisions of Title V of Law 3/2001, of March 26, and, where appropriate, by the regulations of the communities standalone.

6. No other grants, grants, revenue or resources for the same purpose, from any public or private authorities, national, European Union or agency, have not been received or requested.

If the validity of the certifications referred to in this paragraph has expired, the proposal for a resolution and the payment of the aid must be renewed before the decision is made.

2. The declaration provided for in paragraph 1 of this Article shall be submitted in accordance with the model set out in each call and shall include a commitment to maintain compliance during the period of time inherent in the concession procedure. of the aid, except in cases where a specific, national or European standard establishes higher periods.

Article 16. Amount and payment of permanent cessation aid for fishermen.

1. The aid shall consist of compensation for those fishermen who have worked on board a vessel affected by the permanent cessation and the individual amount is set at twice the minimum inter-professional salary in force at the time The call for the publication multiplied for 12 months.

2. Payment of the aid shall be made in the bank account which has been designated by the beneficiary to the General Secretariat of the Treasury and Financial Policy of the Ministry of Economy and Competitiveness.

3. The grant of the grant will be monitored by the General Structural Policy Subdirectorate to ensure compliance and maintenance of the requirements and conditions for the granting of the aid.

4. The compensation shall be reimbursed 'pro rata temporis' where a fisherman receiving the aid resumes his fishing activity within a period of less than two years from the date of submission of the aid application.

5. To these effects, the beneficiary must grant the managing body express authorisation for, after two years from the date of the submission of the aid application, to check through the Social Institute of the Navy that it has not been given high in the special regime of the sea during the said period.

However, in the event that the beneficiary resumes fishing activity before the end of the two years, it must notify the General Management of Fisheries Management.

Article 17. Assessment criteria.

1. The assessment of applications shall be carried out on the basis of the following criteria:

a) Age of fishermen:

Fishermen aged > 55 years: Five points.

Fishermen aged ≥ 50 years and ≤ 55 years: Four points.

Fishermen aged ≥ 45 years and < 50 years: Three points.

Fishermen aged ≥ 40 years and < 45 years: Two points.

Fishermen of age < 40 years: A point.

b) Years of contribution to the Special Sea Regime:

Fishermen with one year of quotation: One point.

For each quote year, an additional 0.5 points will be granted, up to a maximum of five.

2. Depending on the availability of the budget, the ranking of the concurrent requests to the call will be determined for each segment in imbalance according to the following rules:

(a) A total score shall be assigned to each request for assessment, resulting from the addition of the score in each of the assessment criteria referred to in paragraph 1.

(b) In the event of a tie in the score between several applications and the budgetary allocation available at that time is not sufficient to cater for all of them, it will be brought to the end of the tie to the the score obtained by the applications, in this order, in the criteria a and b of paragraph 1 of this Article. If the tie persisted, it would be elucidated by the order of entry of the application in the official register, taking into account the day, hour and minute of filing of the same.

Single transient arrangement. Entry into force of Law 39/2015 of 1 October 2015 and Law 40/2015 of 1 October.

Once the laws 39/2015 of 1 October of the Common Administrative Procedure of the Public Administrations, and 40/2015 of 1 October of 1 October, of the Legal Regime of the Public Sector enter into force, the measures contained in this Order will be adapted to be determined from then on the current regulations.

Final disposition first. Regulatory framework.

In addition to these regulatory bases and Chapters I and II of Royal Decree 1173/2015 of 29 December 2015 on the development of the European Maritime and Fisheries Fund, the aid covered by this order shall be governed by:

1. Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund (EMFF) and repealing Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) (EU) No 1255/2011 of the European Parliament and of the Council, Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common rules for the European Parliament and of the Council on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Fund Agriculture for Rural Development and the European Maritime and Fisheries Fund, and laying down general provisions for the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund. Fisheries and repealing Council Regulation (EC) No 1083/2006, the Operational Programme for Spain of the European Maritime and Fisheries Fund, approved by Implementing Decision of 13 November 2015 and other applicable Community legislation.

2. Law 3/2001, of 26 March, of Maritime Fisheries of the State; Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure; Law 38/2003, of 17 November, General of Grants, and the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July, and other provisions of general application.

Final disposition second. Competence title.

This order constitutes basic legislation for the management of the fisheries sector, dictated by the provisions of Article 149.1.19 of the Constitution.

Final disposition third. Entry into force.

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

Madrid, June 30, 2016. -Minister of Agriculture, Food and Environment, Isabel García Tejerina.

ANNEX

Maximum amount of premium for owners of fishing vessels. Definitive Paralisations

	Category by Eslora1 - (Meters)	Fishing Art	Maximum Amount of the Prima In Euros (Casco Historical Value *)
	hooks.	(7.560.96 + 5.416.03) xGt
	-end drag.	(4.603.09 + 5.416.03) xGt
	Arts multipurpose fixed.	(6.777.17 + 5.416.03) xGt
	Cercers.	(3,360.84 + 5,416.03) xGt
	Nases and trap arts.	7.407.61 + 5.416.03) xGt
		(7.407.61 + 5.416.03) xGt
Enmalle networks.	(5.545.75 + 5,416.03) xGt
≥12 < 18	hooks.	(7.355.77 + 1.327.94) xGt
	Backend.	(4.693.21 + 1.327.94) xGt
	-purpose fixed arts.	(4.166.1 + 1.327.94) xGt
		(4.166.1 + 1.327.94) xGt
	Nases and trap arts.	(3.394.3 + 1.327.94) xGt
	Rastros.	(6.956.39 + 1.27.94) xGt
Enmalle Networks.	(4,401,61 + 1,327.94) xGt
≥18 < 24	hooks.	3.530, 27xGt
	backend drag.	3.590, 91xGt
	Cercers.	4.154,28xGt
	2.381.34xGt
	≥24 < 40	hooks.	2.893.87xGt
		Backend.	3.467.11xGt
		Cercers.	5.092.53xGt
		Enmalle Networks.	2.188.64xGt
≥40	hooks.	2.351.71xGt
	background.	1,985,66xGt
	Cerkers.	2.712.12xGt

* For ships less than 18 metres in length the corrective factor has been added to it.

1 Length: The overall length of the overall length recorded in the General Register of the Fishing Fleet.