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Royal Decree 666/2015, 17 July, Which Regulates Granting Direct Aid To The Fao To Deal With The Costs Of The Organization Of The 20Th Anniversary Of The Code Of Conduct For Responsible Fisheries To Be Held In Vigo...

Original Language Title: Real Decreto 666/2015, de 17 de julio, por el que se regula la concesión directa de ayuda a la FAO para hacer frente a los gastos derivados de la organización del 20º aniversario del Código de Conducta para la Pesca Responsable a celebrar en Vigo...

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The Food and Agriculture Organization of the United Nations (FAO) is a specialized agency of the United Nations, whose main mission is to help eradicate hunger, food insecurity and malnutrition. to make agriculture, forestry and fisheries more productive and sustainable or to reduce rural poverty.

FAO develops its activity in developed countries, as well as developing countries, and aims to bring together the world's nations as equals to negotiate agreements and discuss policies that guarantee the future.

The Committee on Fisheries (COFI) is an auxiliary organ of the FAO Council, created in 1965. This Committee is currently the only intergovernmental world forum in which the main international issues of fisheries and aquaculture are discussed, and recommendations are made for governments, regional fisheries organisations, non-governmental organisations, fishermen, FAO itself and the international community. The COFI has served as a forum for the negotiation of global agreements and non-binding instruments.

The humanitarian dimension and human rights are the common principles that inspire the actions of these organizations. Among the actions developed within the fisheries sector, the Code of Conduct for Responsible Fisheries, approved by the FAO Conference in 1995 by more than one hundred and seventy Members of the Organization, deserves special attention.

The Code is not legally binding but takes on great relevance by including a list of principles for behaviour and practices towards a responsible management of marine resources and their habitat. Fisheries and aquaculture represent a considerable source of food, employment and income, on which the survival of millions of people in the world depends. Hence the importance of all those working in fisheries and aquaculture taking on such principles and objectives, and applying them.

The Code is born out of a global consensus among representatives of FAO members, intergovernmental organizations, the fishing industry and non-governmental organizations on different aspects of fisheries and fisheries. aquaculture.

In the framework of the Code of Conduct for Responsible Fisheries and its general objective of achieving sustainable fisheries, the question of illegal, unreported and unregulated (IUU) fishing on a global scale is presented with a Undeniable prominence.

IUU fishing is an attempt against the conservation and management efforts of fish stocks in all types of catch, and the FAO Fisheries Committee (COFI) proposed in February 1999 the need to prevent discouraging, and eliminate such fishing. This COFI bid culminates in March 2001, with the approval by consensus at FAO of the International Plan of Action to prevent, discourage and eliminate illegal, unreported and unregulated fishing. The COFI thus urged all its Members to take the necessary measures to effectively implement this Action Plan against illegal fishing.

In recent years, Spain has clearly identified itself with the fight against illegal, unreported and unregulated fishing (IUU), demonstrating in various international forums, the imperative need to continue working internationally, particularly in the field of FAO and Regional Fisheries Management Organisations, to involve all relevant flag, port and riverside states as well.

The fact of ensuring the sustainability of resources and the effective fight against illegal fishing are priorities that the Government of Spain has repeatedly called "non-negotiable".

The Spanish involvement in the fight against illegal fishing and its commitment to the need to raise awareness among governments to adopt the principles and objectives of the Code of Conduct for Responsible Fisheries in their respective countries. National fisheries policies and legislation, gives rise to the invitation made during the Session 31 of the COFI, held in Rome from 9 to 13 June 2014, by the then Secretary General of Fisheries of the Government of Spain, Carlos Domínguez, for held in Vigo on 8 and 9 October 2015, the 20th Anniversary of the Code of Conduct for the Responsible Fisheries of the Food and Agriculture Organization of the United Nations.

In the final report of this meeting (point 87) it is stated that " the Committee welcomed the kind offer of Spain to host a conference in Vigo (Spain) in 2015 to celebrate the 20th anniversary of the FAO Code of Conduct for Responsible Fisheries. Spain invited all members of the COFI and all participants to attend it. "

Subsequently, the 150 th session of the FAO Council (1 to 5 December 2014) approved the COFI report, saying that "The Council made its conclusions and recommendations contained in the report of the 31st period." of meetings of the Committee on Fisheries. "

The reports adopted within the COFI and the Council-which were subsequently submitted to the Conference, FAO's highest governing body-acquired legal validity from the very moment of their publication.

The celebration of the 20th Anniversary of the FAO Code of Conduct in Vigo will make this Galician city the world's fishing capital. The invitation addressed to 136 COFI member countries and accredited observers will draw Spain to the governments, as well as their industries and fishing communities.

In addition, this anniversary will coincide with the International Frozen Sea Products Fair organized annually by the Spanish Association of Wholesalers, Importers, Processors and Exporters of Fishery Products and Aquaculture (CONXEMAR), which is also held in Vigo, which will allow a broad and open discussion of the problems known to fisheries, while encouraging communities and fishing industries to develop codes of good practice. compatible with the Code of Conduct that they offer a morning for the fishing industry.

The celebration of the 20th Anniversary of the FAO Code of Conduct in Spain aims to foster a broad debate on the current need for a future strategy to ensure sustainability and continuity of activity. fishing.

The ultimate goal of this event for Spain is to offer a world-wide image of fishing leadership, is the bet for a future of fishing for generations to come, is to achieve a greater commitment of the States and the institutions and it is to fight for the fishing sustainability understood in its broadest sense of management and conservation of marine and fishing resources, responsible fishing, responsible trade, respect to the environment and The need for scientific research to know the reality of the seabed.

Already at the moment, Spain is leading the world in the fight against illegal, unreported and unregulated fishing, in what represents a global challenge for all nations.

It is necessary to continue to promote a strong international commitment at all levels, as illegal fishing is the greatest current risk to the sustainability of world fisheries, and must be set up as a challenge for all nations. To this end, the role of all countries, as well as flag States, coastal states, port states or trade states, is essential in order to have the necessary legal tools, to put all the necessary means for their eradication, and maintain close cooperation.

The celebration of the 20th anniversary of the Code of Conduct for Responsible Fisheries is the ideal framework to insist on this.

Article 22.2 (c) of Law 38/2003, of 17 November, General of Grants, and Article 67 of Royal Decree 887/2006 of 21 July, approving the Regulation of the General Law on Subsidies, may be granted directly and on an exceptional basis, such grants where there are grounds of public, social, economic or humanitarian interest, or other duly justified reasons, which hinder their public call.

In accordance with the provisions of Article 28.2 of Law 38/2003 of 17 November, the special rules governing the subsidies provided for in Article 22.2 (c) must be approved by royal decree, on a proposal from the Minister responsible and previous report of the Ministry of Finance, today of Finance and Public Administrations.

Because of the above and since there are well-founded reasons of public, social and economic interest to address this exceptional situation, the grant of this direct grant to FAO is justified.

In its virtue, on the proposal of the Minister of Agriculture, Food and the Environment, prior to the report of the Minister of Finance and Public Administrations, and after deliberation of the Council of Ministers, at its meeting of the 17th of July 2015,

DISPONGO:

Article 1. Object.

It is the object of this royal decree to establish the regulation of the direct grant of a grant, of exceptional character, in favor of the Food and Agriculture Organization of the United Nations -FAO- to contribute to the financing of expenditure arising from the organisation of the 20th Anniversary of the Code of Conduct for Responsible Fisheries, which will be held in Vigo on 8 and 9 October 2015, and which is hosted by Spain and has the collaboration of the Ministry of Agriculture, Food and Environment.

Article 2. Applicable legal regime.

This grant will be governed, in addition to the provisions of this royal decree, as provided for in Law 38/2003 of 17 November, General of Grants, and in Royal Decree 887/2006 of 21 July, for which the regulation of that law, except as regards the principles of advertising and competition, as well as the rules laid down in the other rules applicable to them.

Article 3. Beneficiary.

It will be a beneficiary of the present grant, of an exceptional nature, the Food and Agriculture Organization of the United Nations (FAO).

Article 4. Eligible concepts.

The grant from the Ministry of Food and Environment will be used for the financing of the following expenditure arising from the organisation of the 20th Anniversary of the Code of Conduct for Responsible Fisheries to be held in Vigo on 8 and 9 October 2015:

Offset Expenses,

Stay expenses, excluding maintenance.

In no case shall the travel and subsistence expenses be incurred with expenses included in the scope of objective and subjective application of Royal Decree 462/2002, of 24 May, on compensation for service reason.

Article 5. Funding.

The total amount of the aid will amount to a maximum of EUR 250,000.

The Ministry of Agriculture, Food and the Environment will transfer to FAO the amount of 250,000 euros, from the budget appropriations of the Ministry of Agriculture, Food and Environment, to which the carry out the budgetary changes resulting from them, which shall be subject to the provisions of Law No 47/2003 of 26 November, General Budget.

Article 6. Concession procedure.

The direct grant of the grant is authorised, in application of the provisions of Articles 22.2 (c), 28.2 and 28.3 of Law 38/2003 of 17 November, for reasons of public, social and economic interest.

The granting resolution shall be the responsibility of the holder of the department or organ in which he has delegated, in accordance with the provisions of Order AAA/838/2012 of 20 April, of delegation of powers of the Ministry of Agriculture, Food and Environment, as amended by Order AAA/1402/2012 of 19 June.

Article 7. Regime of justification.

The beneficiary shall justify the performance of the activity by presenting the supporting account which shall contain:

(a) A memory of the performance of compliance with the conditions imposed in the grant of the grant, indicating the activities carried out that have been financed with the grant and the results obtained.

(b) Economic memory supporting the cost of the activities carried out, indicating the costs incurred with the breakdown of each of the expenses incurred.

The content of the supporting account provided for in this Royal Decree will be in accordance with the provisions of Article 72 (1) and (2) of Royal Decree 887/2006 of 21 July, approving the regulation of the General Law of Grants.

The possibility of a single advance payment is foreseen, applying the provisions of Article 42 of the said Royal Decree 887/2006, without requiring the establishment of a financial guarantee given the condition of international organization of the beneficiary, of which the Kingdom of Spain is a State party and which enjoys in Spanish territory the corresponding privileges and immunities.

The accreditation of the expenses shall be carried out by means of the corresponding invoices and other documents of probative value equivalent with validity in the commercial legal traffic or with administrative efficiency, in the terms established regulentarily.

The supporting account shall be submitted no later than 3 months after the completion of the subsidised activity to the General Secretariat for Fisheries.

The transferred and unused amounts will be returned to the Public Treasury, through the account enabled for that purpose.

Article 8. Concurrency of aids.

The subsidy regulated in this royal decree will be compatible with other grants, aid, revenue or resources for the same purpose, from any national or public authorities or entities of the Union European or international organisations.

In the case of competition for subsidies from other public or public authorities or private entities, the amount of aid to be granted may not, in any event, be such that, in isolation or in combination, it exceeds the cost of the subsidised activity.

Single additional disposition. Application faculty.

The Minister of Agriculture, Food and the Environment is empowered to modify the maximum amount provided for in this royal decree, prior to the necessary formalities.

Final disposition first. Competence title.

This royal decree is dictated by Article 149.1.3. of the Constitution, which confers exclusive competence on the State in matters of international relations.

Final disposition second. Entry into force.

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

Given in Madrid, on July 17, 2015.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA