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Order Aaa / 2210 / 2015, Of 16 Of October, By Which Is Modified Various Orders In Matter Fishing To Adapt Them To The New Framework Regulatory Of The Political Fishing Common.

Original Language Title: Orden AAA/2210/2015, de 16 de octubre, por la que se modifican diversas órdenes en materia pesquera para adaptarlas al nuevo marco regulatorio de la Política Pesquera Común.

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Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) 2006, (EC) No 1198/2006 and (EC) No 791/2007 of the Council, and Regulation (EU) No 1255/2001 of the European Parliament and of the Council lays down the aid to be granted to the fishing fleet for temporary cessation of fishing activity. In particular, Article 33 sets out the specific causes for which such aid may be granted, and establishes a direct link with a certain type of technical measure as set out in Articles 7, 9, 10, 12 and 13 of the Regulation (EU). Number 1380/2013, as well as in Council Regulation (EC) No 1967/2006 of 21 December 2006 on management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea and amending the Regulation (EC) No 2847/93 and repealing Regulation (EC) No 1626/94.

This link between the two regulations must necessarily be transposed into national law, in order to ensure that aid which can be granted for the temporary cessation of fishing is provided with a a legal basis to establish unequivocally a direct link between the aid granted and the conservation and sustainable exploitation measures adopted under Regulation (EU) No 1380/2013 of the European Parliament and of the Council, of 11 December 2013, or of Council Regulation (EU) No 1967/2006 of 21 December 2013 December 2006.

To this end, this order provides for the necessary modifications, in order to secure the said link, in certain orders regulating the management of those fisheries in which, eventually, aid could be granted to the temporary cessation of fishing activity. These orders are: Order AAA/627/2013, of 15 April, establishing a Management Plan for the ships of the censuses of the national fishing grounds of the Gulf of Cadiz, Order AAA/658/2014, of 22 April, for which the fishing with the art is regulated of surface longline for the capture of highly migratory species and Order AAA/1512/2014 of 30 July, establishing a management plan for sardine (Sardina pilchardus) of Iberian waters (VIIIc and IXa) and amending Order AAA/130 7/2013 of 1 July 2013 establishing a management plan for the vessels of the censuses of the Caladero Nacional del Cantabrian and Noroeste.

The references of the Community framework for certain ministerial orders on fisheries management are also updated, for reasons of legal certainty, since they have been previously issued, fully to the provisions of the new rules.

In its handling, the process of consultation has been carried out to the autonomous communities involved, the autonomous cities of Ceuta and Melilla and the affected sector.

In its virtue, I have:

Article 1. Amendment of Order AAA/627/2013 of 15 April establishing a Management Plan for the vessels of the censuses of the Gulf of Cadiz national fishing grounds.

One. The following single additional provision is introduced:

" Single additional disposition. References to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fishery resources.

The references to Council Regulation 2371/2002 of 20 December 2002 shall be construed as references to 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 Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004 /585/EC. '

Two. An additional paragraph is inserted in paragraph 8 of Annex I, in the following terms:

" Additional periods of temporary cessation of fishing activities may be established, depending on the evolution of the fishery in each fishing season.

These stops may, where appropriate, be the subject of financing from the European Fisheries Fund and the Maritime Fisheries Fund. "

Three. An additional paragraph is inserted in paragraph 6 of Annex II, in the following terms:

" Additional periods of temporary cessation of fishing activity may be established on the basis of the development of the fishery in each fishing season.

These stops may, where appropriate, be the subject of financing from the European Maritime and Fisheries Fund. "

Article 2. Amendment of Order AAA/658/2014 of 22 April, which regulates the regulation of fishing with surface longline art for the capture of highly migratory species.

One. The following single additional provision is introduced:

" Single additional disposition. Measures to minimise the impact of fishing on the marine environment and technical measures.

Measures for the conservation and sustainable exploitation of marine biological resources that may be carried out in order to achieve the objectives of the Common Fisheries Policy shall be governed by the provisions of Regulation (EU) No 139/2014. 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 Regulations (EC) No 2371/2002 and (EC) No 639/2004 of the Council and Council Decision 2004 /585/EC. In particular, Article 7 (1) (b) provides for the establishment of objectives for the conservation and sustainable exploitation of stocks and related measures to minimise the impact of fishing on the marine environment, while the 7.1.j) allows for various technical measures to be taken, including zonal or temporary closures. "

Article 3. Amendment of Order AAA/1512/2014 of 30 July 2014 establishing a Management Plan for sardine (Sardina pilchardus) of Iberian waters (VIIIa and IXa) and amending Order AAA/130 7/2013 of 1 July 2013 establishing a management plan for the vessels of the censuses of the National Caladero del Cantabrian and Northwest.

Un.The following single additional provision is introduced:

" Single additional disposition. Measures to minimise the impact of fishing on the marine environment and technical measures.

Measures for the conservation and sustainable exploitation of marine biological resources that may be carried out in order to achieve the objectives of the Common Fisheries Policy shall be governed by the provisions of Regulation (EU) No 139/2014. 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 Regulations (EC) No 2371/2002 and (EC) No 639/2004 of the Council and Council Decision 2004 /585/EC. In particular, Article 7 (1) (b) provides for the establishment of objectives for the conservation and sustainable exploitation of stocks and related measures to minimise the impact of fishing on the marine environment, while the 7.1.j) allows for various technical measures to be taken, including zonal or temporary closures. "

Final disposition first. Competence title.

This order is issued pursuant to Article 149.1.19. of the Spanish Constitution, which attributes exclusive competence to the State in matters of sea fishing.

Final disposition second. Entry into force.

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

Madrid, October 16, 2015. -Minister of Agriculture, Food and Environment, Isabel García Tejerina.