Under the development of the Guidelines for the examination of State aid in the fisheries and aquaculture sector (2008/C84/06), the Special Register of Companies for Fishing Ships was established by Order AAA/2406/2013 of 23 December 2013. Spanish (RESAE) operating exclusively in extra-Community waters.

The aim of this register was to promote competitiveness vis-à-vis other fleets of third countries, making it possible for a series of tax breaks and quotas to be applied to Social Security for fishing vessels. (a) Community fishing activities outside the Community's waters, in accordance with the provisions of paragraph 4.5 of the abovementioned guidelines, as well as work to ensure that the relocation of these fleets does not occur.

The purpose of these incentives was to prevent national vessels from registering in third-country registers, leaving the Spanish flag for a third country, with the risk of not guaranteeing due control of the fishing activity, in particular as regards illegal, unreported and unregulated fishing.

The fishing fleet eligible for such incentives must necessarily be registered in a special register, which will ensure the correct control of the aid which, where appropriate, may be collected.

Article 2.3 of Order AAA/2406/2013 of 23 December 2013 provided that the structure and functioning of the RESAE would be regulated. In this respect, the structure and functioning of the RESAE will be developed with this order, but, based on the principles of legal certainty and administrative efficiency, the repeal of the RESAE has been considered. for the purpose of integrating into a single general provision both the establishment and the structure and operation of the General Register of Spanish Fishing Ships which operate exclusively in non-Community waters, as well as including the application model in the same.

This order is dictated by the exclusive competence of the State in matters of sea fishing in accordance with the provisions of Article 149.1.19. of the Spanish Constitution.

In the handling of this order the affected sector, the autonomous communities and the social agents involved have been consulted.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Object.

This order aims at the creation and regulation of the structure and operation of the Special Register of Companies of Spanish Fishing Ships (RESAE), which operate exclusively in extra-Community waters, as well as the minimum conditions required to enable the undertakings referred to in Article 3 to benefit from aid through tax and social incentives.

Article 2. Creation and constitution of RESAE.

1. The Special Register of Companies of Spanish Fishing Ships operating exclusively in extra-Community waters is created, which will be attached to the General Secretariat of Fisheries of the Ministry of Agriculture, Food and the Environment.

2. The RESAE shall be constituted in a computerised database integrated into the Census of the Operational Fishing Fleet (CFPO), included in the Fisheries Information System.

Article 3. Incentives for the maintenance of the flag.

1. Shipowners or owners of fishing vessels flying the flag of Spain and whose vessels are registered in the register of the Community fishing fleet and the undertaking which owns the RESAE, fish exclusively for tuna or similar species outside Community waters and not less than 200 nautical miles from the baselines of the Member States may be beneficiaries of the aid referred to in paragraph 4.5 of the guidelines for the examination of State aid in the the fisheries and aquaculture sector (2008/C84/06) or the rule replacing it.

2. The scheme to grant these incentives will be developed regulatively.

Article 4. Requirements for ships.

May be the subject of registration in the RESAE of fishing undertakings which own or arm tuna seiners who hold a Community licence and a licence or temporary fishing permit to exercise their activity in the Atlantic, in the Indian and/or in the Pacific, as well as those whose fishing modality is surface longline in international waters for zones 4, 5 and 6, as laid down in Article 2 of Order AAA/658/2014 of 22 April 2014, regulating the fishing with the art of surface longline for the capture of highly species migration.

Similarly, those fishing undertakings which own or set up surface longline vessels included in Article 2 (3) of Order AAA/658/2014 of 22 April 2014 and those of those fishing undertakings may also be registered in the RESAE. vessels which are also permitted to carry out their activity within 200 nautical miles from the baselines of the Member States of the European Union, provided that in both cases they present a responsible declaration with the undertaking that they do not operate within those limits.

Article 5. Structure of the record.

1. The RESAE will be accessed through the application of the Census of the Operational Fishing Fleet (CFPO).

2. The RESAE shall contain the following information:

(a) Data of the shipowner or owner of the vessel and its legal representative.

b) Registration code in the CFPO, and registration and portfolio of the vessel.

c) The name of the vessel for which the registration is requested, and of its auxiliary vessel, if any.

d) Fishing mode of the vessel.

(e) Where appropriate, a statement responsible for the ship's shipowner that it does not operate within 200 nautical miles from the baseline of the Member States of the European Union.

f) The date of the registration request.

g) Date of the registration resolution in the registry.

h) Low request date in the record.

i) The date of the record low.

j) Date of changes to the data in the registration, with reference to the data or information as amended.

k) Remarks.

Article 6. Management of the registry.

The body responsible for the management of the RESAE will be the Directorate General of Fisheries Management of the Ministry of Agriculture, Food and Environment, which will be responsible for checking the applications for registration and the same, as well as incorporate, modify, rectify, and delete data that it contains.

Article 7. Requirements for enrollment.

To register with the RESAE, fishing companies must demonstrate compliance with the following requirements:

(a) To be owners or shipowners of the vessels referred to in Article 4.

b) That the vessels for which the discharge is requested in the RESAE are registered and discharged from the census of the operational fishing fleet.

(c) that such vessels have a Community licence and/or temporary fishing licence or permit in any of the fishing arrangements referred to in Article 4 of this order.

(d) Where appropriate, a statement responsible for not exercising the fishing activity within 200 nautical miles of the baselines of the Member States of the European Union.

Article 8. Application for registration and documentation to be submitted.

1. Applications for registration shall be addressed to the Director-General of Fisheries Management at the Ministry of Agriculture, Food and Environment in accordance with the model set out in Annex I, duly completed.

At any time, any of the places provided for in Article 38.4 of Law 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Administrative Procedure may be filed Common.

In addition, applications may be submitted by electronic means through the Ministry's Electronic Headquarters, in application of Law 11/2007, of June 22, of electronic access of citizens to Public Services and, in particular, in Article 6, on the recognition of citizens of the right to engage with public administrations using electronic means.

2. The application shall be signed by the owner or owner of the vessel or, where appropriate, by his legal representative, and shall be accompanied by the following documentation:

(a) Express authorisation to the managing body to verify the identity data, by consulting the Identity Data Verification System provided for in Article 1 (3) of Royal Decree 522/2006, 28 of April, by which the contribution of photocopies of identity documents in the administrative procedures of the General Administration of the State and its related or dependent public bodies is abolished. However, if the person concerned does not give his consent, he shall provide photocopy of the document or identity card concerned, in accordance with the provisions of that Article.

(b) Accreditation of the position of the person who has signed the application and of his capacity to represent and sign on behalf of the shipowner or owner, unless the representation power has been provided in the Central Register Power.

c) Copy of the tax identification card of the shipowning company.

(d) Where appropriate, a responsible statement or a commitment not to engage in fishing activities within 200 nautical miles of the baseline of the Member States of the European Union.

Article 9. Checking the request.

The Directorate-General for Fisheries Management of the Ministry of Agriculture, Food and the Environment will examine the documentation submitted and, if appropriate, require the applicants to, within 10 working days, subsane the defects in the application or provide any additional documentation that it deems appropriate. In the event that such misconduct or omissions are not remedied within that period, the application shall be withdrawn, upon a decision declaring such a circumstance, with an indication of the facts produced and the applicable rules.

In addition, the Directorate-General for Fisheries Management may, on its own initiative, carry out as many actions as it deems necessary for the determination, knowledge and verification of all data under which it is to be carried out Enrollment in the RESAE.

Article 10. Registration resolution.

1. Within six months of the date on which the application has entered the register of the body responsible for processing, the Director-General for Fisheries Management shall give a decision, in which the registration of the competent authority shall be accepted or refused. the undertaking and the vessels affected by the fishery in the RESAE, and shall notify the person concerned thereof, in accordance with Articles 58 et seq. of Law No 30/1992 of 26 November.

The expiration of the maximum period without having been notified of the legitimate resolution to the person concerned to understand his or her request for administrative silence.

2. This decision may be brought before the Secretary-General for Fisheries, in accordance with the provisions of Articles 114 et seq. of Law No 30/1992 of 26 November 1992.

Article 11. Effects of non-enrollment.

Companies which have not registered in the RESAE or those which will be lower, will lose any right to receive the aid referred to in paragraph 4.5 of the Guidelines for the examination of State aid in the (2008/C84/06), in the case of fisheries and aquaculture (2008/C84/06), provided that the rules governing tax relief and reductions in the rate of social security contributions and income tax on fishermen employed on board the Member States are laid down. vessels of such undertakings.

Article 12. Certification.

In order to be able to justify its inclusion in the RESAE, the Directorate General of Fisheries Management, at the request of the interested party, will issue a certificate for each registered vessel that will have a maximum term of one year.

Article 13. Modifications and casualties.

1. The amendments to be made concerning the data contained in the RESAE and which affect the condition of the beneficiary of the aid referred to in paragraph 4.5 of the Guidelines for the examination of State aid in the field of State aid. Fisheries and aquaculture (2008/C84/06) shall be communicated by the shipowner, the owner of the vessel or, where appropriate, his legal representative, to the Directorate-General for Fisheries Management, within a maximum period of 3 months after they have been produced. Failure to communicate these modifications will cause a decrease in the RESAE, in addition to the violations that may be incurred in accordance with the current regulations.

2. Those fishing undertakings which have lost the Community vessels ' licence or which have committed infringements of the provisions of Law No 3/2001 of 26 March of 26 March on the Maritime Fisheries of the State shall be subject to a discharge in the RESAE. as provided for in European legislation, provided that the relevant legal standard is provided for by the law.

3. The discharge procedure in the RESAE shall always be initiated on its own initiative, by agreement of the Director General of Fisheries Management, either on his own initiative or as a result of higher order, reasoned request from other bodies or denunciation.

This procedure will be governed by the general provisions on administrative procedures contained in Title VI of Law 30/1992 of 26 November. The processing of the procedure shall in any event ensure the right to the hearing of the person concerned.

The maximum time limit for resolving and notifying the resolution of the discharge procedure will be six months from the date of the initiation agreement. That period may be suspended and extended in accordance with paragraphs 5 and 6 of Article 42 of Law No 30/1992 of 26 November 1992.

If the deadline to resolve without express resolution is passed, the procedure will expire.

Against that resolution, an appeal may be brought before the Secretary-General for Fisheries, in accordance with the provisions of Articles 114 et seq. of Law 30/1992 of 26 November.

4. The situation on the ground will be reversible through the cure of the causes which caused it and after further application by the shipowner or owner of the vessel concerned or, where appropriate, his legal representative.

Article 14. Use of electronic means.

The documentation required for the registration and its maintenance in the RESAE will be provided, as far as possible, by electronic means through the Electronic Headquarters of the Ministry of Agriculture, Food and the Environment. Environment, accompanied by the digital signature certificate where applicable, in accordance with the provisions of Law 11/2007 of 22 June.

The Ministry of Agriculture, Food and Environment will make the necessary adaptations to the implementation of the Census of the Operational Fishing Fleet so that the electronic management of this registry can be guaranteed.

Additional disposition first. Attribution of powers.

The Director-General of Fisheries Management is empowered to amend the content of Annex I by resolution to be published in the "Official Journal of the Strat".

Additional provision second. No increase in public spending.

The measures included in this rule will be met with the available budgetary resources in each financial year and will not be able to increase the allocation of appropriations or other expenditure of personnel.

Single repeal provision. Regulatory repeal.

Order AAA/2406/2013, dated 23 December 2013, is hereby repealed, establishing the Special Register of Companies of Spanish Fishing Ships operating exclusively in extra-Community waters.

Final disposition first. Amendment of Order ARM/1683/2011 of 2 June, which regulates the files with personal data managed by the Ministry of the Environment, and the Rural and Marine Environment.

The personal data file called "47 census of the operational fishing fleet", set up by Order ARM/1683/2011 of 2 June 2011, is amended in accordance with the terms set out in Annex II. personal data managed by the Ministry of the Environment, and the Rural and Marine Environment.

Final disposition second. Competency enablement.

This order is dictated by the exclusive competence of the State in matters of maritime fisheries, contained in Article 149.1.19. of the Constitution.

Final disposition third. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, June 8, 2015. -Minister of Agriculture, Food and Environment, Isabel García Tejerina.

ANNEX I

Here are several images in the original. See the official and authentic PDF document.

ANNEX II

Modification of the personal data file "47 operational fishing fleet census"

a) Identification of the file, indicating its name, as well as the description of its intended purpose and uses.

a.1) File identification: 47 census of the operational fishing fleet.

a.2) Purpose and intended uses: Treatment of the characteristic data of vessels (changes, scrapping, irregular vessels, sinking, exports and identification of Spanish fishing vessels operating in fishing vessels) exclusively in extra-Community waters) and their owners and shipowners.

(b) Origin of data, indicating the collective of persons on whom data is intended to be obtained on a personal basis or which are required to supply it, the procedure for the collection of data, and its provenance.

b.1) Collective: Shipowners and Owners.

b.2) Provenance: Public administrations, the interested party or their legal representative.

c) Basic file structure and the treatment system used in your organization.

c.1) Structure: Identification data: DNI/NIF; address; other identifying data; name and surnames, vessel data, vessel and owner data and fishing data; where applicable, responsible declaration of the Vessel owner of the vessel that does not operate within 200 nautical miles from the baseline of the Member States of the European Union, dates of application for discharge, low and modification of data, and date of registration and discharge; observations.

Other personal data categories:

Data specially protected.

c.2) Treatment system: Automated.

(d) Communications of the data provided, indicating where appropriate, the recipients or categories of recipients and applicable legislation: Other bodies of the Autonomous Communities; non-public associations and organisations profit.

(e) International transfers to third countries, indicating, where appropriate, the countries of destination of the data: No international data transfer provided.

f) Bodies responsible for the file: General Secretariat for Fisheries.

g) Services or units to which the rights of access, rectification, cancellation and opposition may be exercised: Directorate General of Fisheries Management, C/ Velázquez, 144, 28006 Madrid.

h) Basic, medium or high level of security that is required, in accordance with the provisions of Title VIII of the RLOPD: Basic.