Law 3/2001, of Maritime Fisheries of the State, in its Title II establishes the basic regulations for the management of the fishing sector, whose development was addressed in Royal Decree 1549/2009, of October 9, on the management of the fishing sector and adaptation to the European Fisheries Fund.

Royal Decree 1549/2009, dated October 9, was amended by Royal Decree 1586/2012 of 24 November, to ease the conditions for the contribution of casualties for the construction of new ships, the modernization of the and the regularization of the vessels that would have varied their tonnage and power, with a period of two years and that due to the complexity of the formalities, has been extended one more year with the reform carried out by the Royal Decree 952/2014, 14 of November, for which the Royal Decree 1549/2009 of 9 October is amended.

The special features which have an impact on the tuna fleet operating in long-distance fishing grounds in the freezer-ring mode advise on specific regulation as regards the conditions required for the fishing fleet. the construction of new fishing units, the modernisation of existing fishing units, as well as for the import of ships flying the flag of third countries. This fleet shows a positive long-term economic profitability, while its indicators, as reflected in the annual report on the balance between fishing capacity and fishing opportunities, assessed in accordance with Article 22 of the 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 Regulations (EC) No 2371/2002 and (EC) No 639/2004 of the Council, and Council Decision 2004 /585/EC, This fleet is in a balance situation. Likewise, at present, the existence of fishing possibilities in the fishing grounds where the fleet operates that allow the incorporation of new units into the fishery is observed.

On the basis of these circumstances, it has been assessed whether to update the special requirements for those vessels which had passed from the third to the fourth list in the Register of Ships and Shipping companies and being auxiliary vessels with characteristics of support to the purse seiners, are enabled to be used as casualties for new constructions and modernizations. The necessary condition is that these auxiliary vessels continue to carry out an auxiliary fishing activity linked to a main vessel. It is also extended, the concept of the origin of the casualties which may belong to any census or fishing grounds, and must be provided, at least one complete unit, enabling them to be completed with other casualties.

The royal decree also addresses the need to promote the construction of new fishing vessels in the European Union's shipyards, with a double motivation. On the one hand, the economic situation arising from the economic crisis and the lack of credit financing are being put in place, providing incentives for the construction of ships to be carried out in the shipyards of the European Union. On the other hand, it is intended to provide incentives for ships to be built to fly under Spanish flag, considering the greatest guarantees offered by this situation in relation to the compliance with the sustainability standards prevailing in Spain. the European Union. Finally, the scope of the contribution of casualties in the regularisation processes is extended so that they can be from any census or modality.

In the elaboration of this royal decree, the autonomous communities and the fishing sector have been consulted.

In its virtue, on the proposal of the Minister of Agriculture, Food and Environment, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council and prior deliberation of the Council of Ministers at its meeting on September 4, 2015,

DISPONGO:

Single item. Amendment of Royal Decree 1549/2009 of 9 October on fisheries management and adaptation to the European Fisheries Fund.

Royal Decree 1549/2009 of 9 October on fisheries management and adaptation to the European Fisheries Fund is amended as follows:

One. A new paragraph is inserted in Article 3 (a) in the following terms:

" Exceptionally for the construction of tuna vessels operating in long-distance fishing vessels registered in the Census of the Operational Fishing Fleet as a freezer, they will be able to contribute casualties of ships that comply with the Following conditions:

1. No ships registered in the fourth list of the Register of Ships and Shipping Companies, in a situation of high in the Census of the Operational Fishing Fleet and that they exercise as auxiliary of tuna vessels of the modality of Freezer enclosure operating in long-distance fishing grounds.

2. No prior to their registration in the fourth list, they have been entered in the third list and have been engaged in fishing for at least 90 days during the two years preceding their registration in the fourth list, or have developed the freezer-ring auxiliary vessel activity, when they were registered in the third list.

3. To submit an application to the Director General of Fisheries Management of the Ministry of Agriculture, Food and Environment, for the authorization of the incorporation of the auxiliary vessel to a file of the construction or import of a tuna vessel, of freezer-ring mode, which is to operate in long-distance fishing grounds.

For vessels registered in the third list and carrying out freezer-ring auxiliary vessels, the submission of the application must be made within a maximum period of 6 months from the date of entry into force of this Regulation. regime.

Ships that are to be registered in the fourth list and act as freezer-ring auxiliaries must submit the application in advance to the third list. However, those vessels registered in the fourth list prior to the publication of this royal decree shall have a maximum period of 6 months for the submission of the application, as from its entry into force. "

Two. A new paragraph is inserted in Article 3.b), in the following terms:

" Exceptionally for the construction, in shipyards of the European Union, of tuna seiners of freezer encirclement modes operating in long-distance fishing grounds, the entry of new capacity, both in gross tonnage (GTs) as a power (kW) shall be compensated by the previous withdrawal without public aid of at least 65% of that capacity.

The difference between the new incoming capacity and the withdrawn capacity will be counted from the margins of the fishing capacity ceilings set for Spain in Annex II to Regulation (EU) No 1380/2013. European Parliament and the Council of 11 December 2013 on the Common Fisheries Policy.

This exceptional scheme will end on 31 December 2017, or, in any event, when 10,000 GTs and 15,000 kW of the margin corresponding to the maximum fishing capacity limit have been contributed, and will be applicable to vessels which they have commenced their construction and have not completed their construction by 1 January 2015, or those which start it from the entry into force of this scheme.

Received requests will be evaluated semi-annually. In the case where there are applications for quantities exceeding 10,000 GT or 15,000 kW, the requested capacity shall be prorated among all applications received. '

Three. A new paragraph is inserted in Article 3.c), in the following terms:

"As an exception, the freezer purse fleet operating in long-distance fishing grounds must at least provide a complete unit, with the rest of the capacity being able to provide the rest of the capacity by complete units or fractions of units."

Four. A new paragraph is inserted in Article 4, in the following terms:

" Exceptionally for the tuna seine fleet operating in extra-Community waters, the casualties may belong to fishing vessels of any census and modality and at least some contribution from the same mode. "

Five. A new paragraph 4 is inserted in Article 10, in the following terms:

" For the import of fishing vessels, the second subparagraph of Article 3 (a), the second subparagraph of Article 3 (b) and the second paragraph of Article 4 of this Royal shall apply to the importation of fishing vessels. decree. "

Six. A new paragraph is inserted in Article 19, in the following terms:

" For works of modernization, the second subparagraph of Article 3 (a), second subparagraph of Article 3 (b) and the second paragraph of Article 4 of this royal shall apply to the works of modernization. decree. "

Seven. A new paragraph is inserted in Article 55.c) in the following terms:

" The adjustments of the characteristics of the vessels of the third list of the Register of Ships and Shipping Companies, referred to their gross tonnage or power that have been initiated after 1 October 2014 or start from the entry into force of this royal decree, at the request of the shipowner or owner of the vessel, may be carried out by means of low fishing vessels belonging to any census or modality. "

Single additional disposition. Capacity input.

The application of this special scheme is subject to compliance with long-term positive economic profitability requirements and indicators obtained from the report on the balance between fishing capacity and the fishing opportunities for this fleet assessed in accordance with Article 22 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013.

Single end disposition. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 4 September 2015.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA