Royal Decree 790/2015, Of 4 September, Amending Royal Decree 1549 / 2009, Of 9 October, On Management Of The Fisheries Sector And Adaptation To The European Fisheries Fund, Referred To The Tuna Fleet That Operates On Grounds Of Long...

Original Language Title: Real Decreto 790/2015, de 4 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, referido a la flota atunera que opera en caladeros de larga...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-9845

Law 3/2001, State maritime fishing, title II establishes the basic rules of management of the fisheries sector, whose development was addressed in the Real Decree 1549 / 2009, of 9 October, on management of the fisheries sector and adaptation to the European Fisheries Fund.

The Royal Decree 1549 / 2009, of 9 October, amended by the Royal Decree 1586 / 2012, on 24 November, to make more flexible the conditions of contribution of casualties for the construction of new vessels, the modernization of existing ones and the regularization of the boats that would have changed their tonnage and power, with a term of two years and because of the complexity of the procedures , has been extended one more year with the reform effected by Royal Decree 952/2014, of 14 November, amending Royal Decree 1549 / 2009 of 9 October.

The special characteristics that affect the tuna fleet that operates on grounds of long distance in the form of purse seine freezer advised to undertake a specific regulation in terms of the required conditions for the construction of new fishing units, the modernization of existing ones, as well as for the importation of vessels flagged in third countries. This fleet shows economic profitability long-term positive, while their indicators, as reflected in the annual report on the balance between fishing capacity and fishing opportunities, evaluated in accordance with article 22 of Regulation (EU) No. 1380 / 2013, the European Parliament and the Council, on December 11, 2013, on the common fisheries policy , by which amending regulations (EC) No. 1954 / 2003 and (EC) No. 1224 / 2009, of the Council, and repealing Regulations (EC) No. 2371 / 2002 and (EC) No. 639/2004, the Council, and the Council Decision 2004/585/EC, point out that this fleet is in a situation of balance. Today also notes the existence of fishing opportunities in the fishing grounds where it operates the fleet that allow the incorporation of new units to the fishery.

In response to these circumstances, has been evaluated whether to update the special requirements that concur and which refer to those vessels that had passed from the third list to the fourth of the register of ships and shipping companies and to be auxiliary ships with support for the purse-seine vessels features, enables them so that they can be used as low for new constructions and modernizations. The necessary condition is that these auxiliary vessels to continue exercising an auxiliary activity linked to a main vessel fishing. Extends also the concept of the origin of the casualties that may belong to any census or grounds, and must provide, at least one complete unit, providing that they can fill with other casualties.

The Royal Decree also attends to the need to promote the construction of new fishing vessels in shipyards in the European Union, with a double motivation. On the one hand, becomes the economic situation resulting from the economic crisis and the lack of credit financing, establishing incentives for the construction of vessels is carried out in the shipyards of the European Union. On the other hand, is intended to encourage ships being built is flagging under the Spanish flag, whereas the more guarantees offered by this situation in relation to compliance with sustainability standards that prevail in the European Union. Finally, widening the scope of contribution of casualties in the regularisation processes so that they can be of any census or modality.

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, with the prior approval of the Minister of finance and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of September 4, 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.

The Royal Decree 1549 / 2009, of 9 October, on management of the fisheries sector and adaptation to the European Fisheries Fund is to be re-worded as follows: one. A new paragraph is inserted in article 3.a) in the following terms: «exceptionally for the construction of tuna vessels that operate in waters of long distance reported in the Census of the operational fishing fleet as purse seine freezer, casualties of vessels which meet the following conditions may contribute: 1 that 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 which comprise as auxiliaries of tuna vessels in the form of purse seine freezer operating in long distance fisheries.

2nd who previously to his enrolment in the fourth list have been enrolled in the third list and they had exercised a fishing activity for at least 90 days, during the two years prior to their enrollment in the fourth list, or they had developed the auxiliary fence Freezer vessel activity, when they were reported in the third list.

3 presenting a request addressed to the Director-General of fisheries management of the Ministry of agriculture, food and environment, for the approval of the incorporation of the auxiliary vessel to a record of building or importing a tuna ship, purse seine freezer mode, that will operate in long distance fisheries.

For those ships registered in the third list and that they exercised as auxiliary purse-seine vessels freezer, the filing of the application must be made within a maximum period of 6 months from the entry into force of this regime.

Ships to be registered in the fourth list and who act as auxiliaries of purse seine freezer, must submit the request previously to cause low in the third list. However, those ships that were registered in the fourth list prior to the publication of this Royal Decree, will have a maximum period of 6 months for the filing of the application, from its entry into force.»

Two. Introduces a new paragraph in Article 3B), in the following terms: ' exceptionally for the construction in shipyards in the EU tuna vessels of the modalities of purse seine freezer operating on the grounds of long distance, the entry of new capacity, both in gross tonnage (GTs) as in power (kW) will be compensated by the previous withdrawal without public aid of» , as a minimum, 65% of this capacity.

The difference between the new incoming and withdrawal capacity will be calculated with charge to the margins of the ceilings of fishing capacity laid down for Spain in annex II to Regulation (EU) No. 1380 / 2013, the European Parliament and the Council, on December 11, 2013, on the common fisheries policy.

This exceptional regime will end on 31 December 2017, or, in any case, when they have contributed 10,000 GTs and 15,000 kW from the margin to the maximum limit of fishing capacity, and shall apply to vessels that they have initiated its construction and not completed it to date 1 January 2015, or those who initiate it from the entry into force of the present regime.

Applications received will be evaluated every six months. In the case that would have applications for amounts exceeding 10,000 GT or 15,000 kW, the requested capacity will be prorated among all applications received.»

3. It introduces a new paragraph in article 3.c), in the following terms: «As an exception, purse seine fleet freezer operating in long distance fisheries must provide, at least, a complete unit, and can bring the rest of the capacity for complete units or fractions of units.»

Four. A new paragraph is inserted in article 4 in the following terms: 'exceptionally for the tuna fleet of purse seine freezer operating in extra-EU waters, casualties may belong to fishing vessels of any census and modality and unless there is some contribution of the same mode.'

5. Is inserted a new paragraph 4 in article 10, in the following terms: "(for the import of fishing vessels, it shall apply the provisions in the second paragraph of the letter (a) of article 3, in the second paragraph of the letter b) of article 3 and the second paragraph of article 4 of this Decree."

6. A new paragraph is inserted in article 19, in the following terms: «(for works of modernization, it shall apply the provisions in the second paragraph of the letter (a) of article 3, in the second paragraph of the letter b) of article 3 and the second paragraph of article 4 of this Decree. "

7. A new paragraph is inserted in article 55.c) in the following terms: «the adjustments of the characteristics of the ships of the third list in the register of ships and shipping companies, referred to its gross tonnage or power that have initiated subsequent to the October 1, 2014 or starting from the entry into force of this Royal Decree at the request of the shipowner or the shipowner, may bear out providing low of fishing vessels belonging to any census or modality.

Sole additional provision. Contribution of capacity.
The application of this special scheme is subject to compliance with the requirements of positive long-term economic profitability and indicators obtained from the report on the balance between fishing capacity and the possibilities of this fleet fishing evaluated in accordance with article 22 of Regulation (EU) No. 1380 / 2013, the European Parliament and the Council on December 11, 2013.

Sole final provision. Entry into force.

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

Given in Madrid, on September 4, 2015.

PHILIP R.

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