Royal Decree 848/2015, 28 September, Amending Royal Decree 1549 / 2009, Of 9 October, On Management Of The Fisheries Sector And Adaptation To The European Fisheries Fund.

Original Language Title: Real Decreto 848/2015, de 28 de septiembre, por el que se modifica el Real Decreto 1549/2009, de 9 de octubre, sobre ordenación del sector pesquero y adaptación al Fondo Europeo de la Pesca.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10395

The Royal Decree 1586 / 2012, 23 November, whereby certain items of the 1549 Royal decree amending / 2009, of 9 October, on management of the fisheries sector and adaptation to the European Fisheries Fund, introduced a new transitional provision, the second, renaming is therefore the single transitional provision, which became the first, which were established with a temporary period of two years from the entry into force of the Royal Decree 1586 / 2012 , of 23 of November, the application of certain rules, instead of them articles 3, 4, 13 and 14 of the Real Decree 1549 / 2009, of 9 of October, referred to them conditions of them low for the construction or modernization of ships fishing, the processing of them requests and them consequences on the cancellation or modification of the record. All aimed to make more flexible the conditions for these purposes and promote the revival of the fisheries sector in order to allow that owners with records that have been paralysed by the difficulties arising from the economic crisis, do not lose their rights over the ships provided as low.

This transitional period was extended by an additional period of one year by Royal Decree 952/2014, of 14 November.

The entry in force of the new political fishing common, through the Regulation (EU) No. 1380 / 2013 of the Parliament European and of the Council, of 11 of December of 2013, on the political fishing common, by which is modify them regulations (CE) No. 1954 / 2003 and (CE) No. 1224 / 2009 of the Council and is repealed them regulations (CE) No. 2371 / 2002 and (CE) No. 639 / 2004 of the Council and the Decision 2004 / 585 / CE of the Council as well as important updates on planning and management of the fishing fleet introduced in title II of law 3/2001, of 26 March, maritime fishing from the State, make it necessary to review in depth the legal regime that currently applies to the capacity entry system in the fishing fleet. This new regime must allow the management of the capacity based in a greater flexibility that allows to them owners and owners of boats fishing a greater ease in the access to them low.

However, the technical complexity of the new rules to be applied, in this matter, to the fisheries sector does not feasible to its promulgation occur prior to the end of the period of application of the aforementioned second transitional provision. On the other hand, the sector fishing has requested the extension of the term before them difficulties to find them low corresponding to their needs.

Of the data in the previous exercises and foresight of the maximum limit of fishing capacity assigned to Spain in annex II to the Regulation No. 1380 / 2013 of the European Parliament and of the Council of 11 December 2013, on the common fisheries policy, shows that it can be in this sense without affecting the fulfilment of obligations of the Kingdom of Spain with this measure.

Attending to the request of the sector fishing and whereas that of not expand is again this term is would produce a kick normative to the return to the system initial regulated in the Real Decree 1549 / 2009, is makes advisable extended by the term of a year the application temporary of them measures contained in it available transient second of the Real Decree 1549 / 2009, of 9 of October.

In the elaboration of this Royal Decree has been consulted to the autonomous communities and the fishing industry.

By virtue, on the proposal of the Minister of agriculture, food and environment and prior deliberation of the Council of Ministers at its meeting of September 25, 2015, HAVE: single article. Modification of the Real Decree 1549 / 2009, of 9 October, on management of the fisheries sector and adaptation to the European Fisheries Fund.

Is modify the title and the first paragraph of the provision transient second of the Real Decree 1549 / 2009, of 9 of October, on management of the sector fishing and adaptation to the Fund European of the fishing, that are written as follows: «available transient second.» Temporary measures for four years.

With a temporary period of four years from the entry into force of the Royal Decree 1586 / 2012, 23 November, amending Royal Decree 1549 / 2009, of 9 October, on management of the fisheries sector and adaptation to the European Fisheries Fund, shall apply the following rules, instead of the current 3 articles «, 4, 13 and 14, except the paragraphs introduced in the articles 3 and 4 by the Real Decree 790 / 2015, of 4 of September:» available end first. Faculty of development.

It empowers the holder of the Ministry of agriculture, food and environment, so that, in the scope of their powers, it is handed down the appropriate rules for the development of the content of this Royal Decree.

Second final provision. Entry in force.

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

Given in Madrid, on September 28, 2015.

PHILIP R.

The Minister of agriculture, food and environment, ISABEL GARCÍA TEJERINA