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...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8044

The United Nations Organization for food and agriculture, FAO said, is a specialized agency of the UN, whose main mission is to help to eradicate hunger, food insecurity and malnutrition, ensure that agriculture, forestry and fishing are more productive and sustainable rural poverty reduction.

The FAO develops its activity both in countries developed, as in countries in way of development and pursues meet to them Nations of the world as equal to negotiate agreements and debate political that guarantee the future.

The Committee on fisheries (COFI) is a subsidiary body of the FAO Council, established in 1965. This Committee is currently the only forum world intergovernmental in which is examined them main issues international of the fishing and the aquaculture, and is formulated recommendations for them Governments, them organizations regional of fishing, them organizations not governmental, them fishermen, the own FAO and the community international. COFI has served and serves as a forum for negotiation of global agreements and non-binding instruments.

The humanitarian and human rights dimensions are common principles that inspire the actions of these organizations. Among the actions carried out within the fishing sector, deserves a special attention of the code of conduct for responsible fisheries, adopted by the FAO Conference in 1995 by more than one hundred and seventy members of the organization.

The code is not legally binding but acquires great significance to include a list of principles for behavior and practices to an administration responsible for marine resources and their habitat. Fishing and aquaculture represent a significant source of food, employment and income, on which depends the survival of millions of people in the world. Hence the importance of all those working in the fisheries and aquaculture to assume these principles and objectives, and implement it.

The code comes from a global consensus among the representatives of members of FAO, intergovernmental organizations, the fishing industry and non-governmental organizations on different aspects of fisheries and aquaculture.

Within the framework of the code of conduct for responsible fisheries and its overall objective of achieving sustainable fisheries, the question concerning the fishing illegal, unreported and unregulated (IUU) worldwide is presented with an undeniable presence.

Fishing IUU watchful against the efforts of conservation and management of fish stocks in all types of capture fisheries, so that the Committee on fisheries (COFI) of the FAO raised in February 1999, the need to prevent, deter, and eliminate such fishing. This bet of COFI in March 2001, culminating in the adoption by consensus at the FAO of the International Plan of action to prevent, deter and eliminate illegal, unreported and unregulated fishing. COFI urged this way all its members to take the necessary measures to implement this Plan of action against illegal fishing effectively.

In recent years, Spain has been identified unequivocally with the fight against illegal, unreported and unregulated (IUU) fishing, demonstrating the urgent need to continue to work at international level, particularly in the field of FAO and regional fisheries management organizations, to also involve all relevant flag States in different international forums, , port and coastal.

The fact of ensuring the sustainability of resources and the effective fight against illegal fishing are priorities that on several occasions the Government of Spain described as 'non-negotiable'.

Spanish involvement in the fight against illegal fishing and its commitment to the need to raise awareness among Governments to make the principles and objectives of the code of conduct for responsible fisheries in their respective policies and national fisheries legislation, gives rise to the invitation for the session 31.º of COFI, held in Rome from 9 to June 13, 2014 by the then Secretary General of the Government of Spain, Carlos Domínguez, fishing to celebrate the 20th anniversary of the code of conduct for responsible for the Organization of the Nations fishing in Vigo (Spain), on 8 and 9 October 2015, United for food and agriculture.

In the final report of the meeting (point 87) is reads that "the Committee welcomed the kind offer of Spain to host a Conference in Vigo (Spain) by 2015 in order to celebrate the 20th anniversary of the code of conduct for the fisheries responsible of the FAO. Spain COFI members and invited participants to attend the same».

Subsequently, the 150th session of the FAO Council (1 to 5 December 2014) adopted the report of COFI, saying that "the Council endorsed the conclusions and recommendations contained in the report of the session of the Committee on fisheries 31.º».

Two reports approved in the breast of the COFI and of the Council-subject subsequently for his knowledge to the Conference, maximum organ rector of FAO-, acquired validity legal from the same time of its publication.

The celebration of the 20 anniversary of the code of conduct of FAO in Vigo will convert to this city Galician in the capital world of the fishing. The invitation directed to 136 countries members of the COFI and to observers accredited, will attract to Spain to those Governments, as well as to their industries and communities fishing.

Also, this anniversary will coincide with it fair international of products of the sea frozen organized annually by the Association Spanish of wholesalers, importers of, transformers and exporters of products of the fishing and aquaculture (CONXEMAR), that is celebrates also in Vigo, what will allow a debate broad and open of them problems that knows it fishing, while will serve of stimulus to them communities e industries fishing for develop codes of good practices compatible with the code of conduct that offer a morning for the fishing sector.

The celebration of the 20th anniversary of the code of conduct of FAO in Spain aims to promote a wide-ranging debate before the current need to adopt a forward-looking strategy that ensures sustainability and the continuity of fishing activities.

The ultimate goal of this event for Spain is to offer an image of fishing leadership in the world, is a commitment to the future of the fishing industry for future generations, is to achieve a greater commitment of States and institutions and is fighting for fishing sustainability understood in its broader sense of management and conservation of fisheries and marine resources , responsible fishing, responsible trade, respect for the environment and imperative need for scientific research to know the reality of the seabed.

At this time, Spain is already at the global forefront in the fight against illegal, unreported and unregulated fishing in what represents a global challenge to all Nations.

It is necessary to continue to promote a firm commitment at all levels-international, illegal fishing is the greatest current risk to the sustainability of fisheries worldwide, and has set as a challenge for all Nations. So the role of all countries, as flag States, coastal States, port States or States marketers, is essential to have the necessary legal tools, put all the necessary means for its eradication, and maintain close cooperation.

The celebration of the 20th anniversary of the code of conduct for responsible fisheries, is the ideal setting to emphasize in this regard.

Article 22.2 c) law 38/2003 of 17 November, General grants, and article 67 of Royal Decree 887/2006, of 21 July, which approves the regulation of the General Law of subsidies, establish that they may be granted directly and on an exceptional basis, those grants that there are reasons of public interest social, economic or humanitarian, or other duly justified, that hamper its public announcement.

In accordance with the provisions of article 28.2 of the 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 competent Minister and following a report of the Ministry of finance, today's finance and public administration.

By the above, and given that there are well-founded reasons of public, social and economic interest to meet this exceptional situation justified the granting of this direct subsidy to the FAO.

By virtue, on the proposal of the Minister of agriculture, food and environment, following a report of the Minister of finance and public administration, and prior deliberation of the Council of Ministers, at its meeting of July 17, 2015, HAVE: article 1. Object.


Is the object of this Royal Decree establishing the regulation of the award of a grant, exceptionally, in favour of the United Nations Organization for food and agriculture - FAO-to help finance the costs of the Organization 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 this edition is hosted by Spain and with the collaboration of the Ministry of agriculture, food and environment.

Article 2. Applicable legal regime.

This grant shall be governed, in addition to by provisions of this Royal Decree, as provided in the law 38/2003, 17 November, General grant, and in Royal Decree 887/2006, of 21 July, which approves the regulations of the Act, except in what it affects the principles of publicity and concurrence , as well as by it established in the other rules that are of application.

Article 3. Beneficiary.

It will be the beneficiary of this grant, exceptionally, of the United Nations Organization for food and agriculture - FAO-.

Article 4. Eligible concepts.

The grant from the Ministry of agriculture food and environment will be used to finance the following expenses derived from the Organization of the 20th anniversary of the code of conduct for responsible fisheries which will be held in Vigo on 8 and 9 October 2015: travel expenses, subsistence expenses, excluding maintenance.

Any travel and subsistence expenses shall be consistent with costs included within the scope of objective and subjective of the Royal Decree 462/2002, of 24 may, on compensation by reason of service.

Article 5. Funding.

The total amount of the aid will be at most EUR 250,000.

He Ministry of agriculture, power and environment will transfer to the FAO the amount of 250,000 euros, with charge to them credits of the budget of the Ministry of agriculture, power and environment, to whose effects is will be them modifications budget that are from, that is will hold to it willing in the Law 47 / 2003, of 26 of November, General budget.

Article 6. Granting procedure.

Authorizing the direct grant of the subsidy, pursuant to provisions in articles 22.2 c), 28.2 and 28.3 of the law 38/2003, 17 November, by go reasons of public, social and economic interest.

Resolution of concession will be up to the holder of the Department or body to which it has delegated, as provided in the order AAA/838/2012, of April 20, 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 must justify the activity through the presentation of justificatory account containing: a) a memory of affirmative action of the fulfilment of the conditions imposed on the grant of the subsidy, with indication of the activities which have been funded with grant and the results obtained.

(b) economic report justifying the cost of the activities carried out, pointing out the costs incurred with the breakdown of each of the expenses incurred.

Content of the justificatory account provided in the present Royal Decree, shall comply with the provisions of paragraphs 1 and 2 of article 72 of the Royal Decree 887/2006, of 21 July, which approves the regulation of the General Law on subsidies.

Provides for the possibility of a one-time advance payment, applying what has article 42 of the above-mentioned Royal Decree 887/2006, without required financial security given the condition of international organization of the beneficiary, of which the Kingdom of Spain is a State part and which is located in Spanish territory of the corresponding privileges and immunities.

Accreditation of expenditure shall be carried out through the corresponding invoices and other documents of equivalent probative value valid in commercial legal traffic or with administrative efficiency, in the terms established by law.

The justificatory account will be presented within a maximum period of 3 months after the completion of the subsidised activity, before the General Secretary for fisheries.

The quantities transferred and not used, will be returned to the Treasury, through the account enabled for this purpose.

Article 8. Concurrence of aid.

Grant regulated in this Royal Decree shall be compatible with other grants, aid, income or resources for the same purpose, of any Governments or entities public or private, national, EU or international organisations.

In the case of concurrence of grants from other public authorities or public or private entities, the amount of aid granted may not be, in any case, such an amount that, isolated or jointly exceed the cost of the subsidized activity.

Sole additional provision. School of application.

It allows the Minister of agriculture, food and environment to modify the maximum amount foreseen in this Royal Decree, previous proceedings.

First final provision. Skill-related title.

The present Royal Decree is issued under article 149.1.3. ª of the Constitution, which attributed exclusive jurisdiction to the State in the field of international relations.

Second 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 17 July 2015.

PHILIP R.

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