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On development of the guidelines for the examination of State aid in the sector of fisheries and aquaculture (2008/C84/06), was created, by order AAA/2406/2013, of 23 December, the special register of ships companies of fishing Spanish (RESA), operating only in extra-Community waters.
The objective of this record was to encourage competitiveness against other fleets from third countries, making it possible to apply a series of tax breaks and contributions to Social Security to Community fishing vessels operating outside Community waters, in accordance with paragraph 4.5 of these guidelines, as well as work to ensure that no event of the relocation of these fleets.
The purpose of these incentives was avoid that them ships national is sign up in records of third countries, abandoning the Pavilion Spanish by the of a third country, with the risk of not guarantee the due control of the activity fishing, especially in what is refers to the fishing illegal, not declared and not regulated.
The fishing fleet can apply for these incentives must be necessarily entered in a special register, which will guarantee proper control of subsidies which, in his case, could be perceived.
Article 2(3) of the order AAA/2406/2013, December 23, provided that the structure and functioning of the RESA would develop regulations. In this sense, this order will proceed to develop the structure and functioning of the RESA, but, based on the principles of legal certainty and administrative efficiency, has been considered from the repeal of the order, in order to integrate into a single general provision, both the creation as the structure and operation of the General registry of companies of ships of Spanish fishing operating only in extra-Community waters , as well as include the model's application in the same.
This order is dictates under the competition exclusive of the State in matters of fishing maritime in accordance with it established in the article 149.1.19. ª of the Constitution Spanish.
In the handling of this order have been consulted the sector concerned, the autonomous communities and the social agents involved.
In his virtue, with the approval prior for the Minister of Hacienda and administrations public, have: article 1. Object.
The present order has as object the creation and it regulation of it structure and operation of the record special of companies of ships of fishing Spanish (RESA), that fishing exclusively in waters extra, as well as them conditions minimum enforceable to them companies mentioned in the article 3 can benefit is of aid through incentives fiscal and social.
Article 2. Creation and establishment of the RESA.
1. is creates the record special of companies of ships of fishing Spanish that fishing exclusively in waters extra, that will be attached to the Secretariat General of fishing of the Ministry of agriculture, food and environment.
2. the RESA is will be in a database computerized integrated in the Census of the fleet fishing operational (CFPO), included in the system of information of fishing.
Article 3. Incentives for the maintenance of the Hall.
1. the owners or owners of fishing, vessels flying the Spanish flag and whose vessels are registered in the register of the Community fishing fleet and the company owns in the RESA, exclusively catch tuna or tuna-like fishes out of the waters of the community and at least 200 nautical miles from the baselines of Member States may be beneficiaries of the AIDS referred to in paragraph 4.5 of the guidelines for the examination of the aid State in the sector of the fishing and the aquaculture (2008 / C84 / 06) or standard that it replace.
2. the regime of granting these incentives will be developed according to the rules.
Article 4. Requirements of those ships.
May be object of registration in the RESA them companies fishing proprietary or shipowner of ships tuna purse seiners freezers that have of license community and license or permit temporary of fishing to exercise their activity in the Atlantic, in the Indian and/or in the Pacific, as well as of those whose mode of fishing is longline of surface in waters international for them areas 4 5 and 6, laid down in article 2 of the order AAA/658/2014, of 22 April, which regulates the fishing with the art of surface longline for catches of highly migratory species.
Equally, may enroll in the RESA fishing companies owners or shipowner of surface longline vessels included in zone 3 of article 2 of the order AAA/658/2014, on April 22, as well as those ships that also have permission to carry on business within 200 nautical miles from the baselines of States members of the European Union , provided, in both cases, present a statement responsible with the commitment of that not work within those limits.
Article 5. Structure of the register.
1. are you enter the RESA through the application of the Census of the fleet fishing operations (CFPO).
2 the RESA shall contain the following information: a) data of the enterprise Assembly or owner of the ship and its legal representative.
(b) registration code in the CFPO, and tuition and folio of the ship.
(c) name of the ship for which the registration is requested, and its auxiliary ship, where appropriate.
(d) type of fishing of the ship.
(e) where appropriate, statement for the owner of the ship that does not work within 200 nautical miles from the baseline of the Member States of the European Union.
(f) date of the application for registration in the register.
(g) date of resolution of the entry in the register.
(h) date of request to the registry.
(i) date of the low register.
(j) date of modifications of the data of registration, with reference to the data or modified information.
Article 6. Management of the registry.
The body responsible for the management of the RESA will be the Directorate-General of fisheries management of the Ministry of agriculture, food and environment, which will be check requests for enrollment and low in the same, as well as incorporate, modify, rectify and delete data.
Article 7. Requirements for registration.
To enroll in the RESA, fishing companies must prove compliance with the following requirements: to) own or of vessels to which refers article 4.
(b) vessels for which request registration in the RESA are registered and given high operational fishing fleet census.
(c) that such vessels have Community licence and licence or temporary permit of fishing in any of the types of fishing referred to in article 4 of this order.
(d) where appropriate, statement responsible for not exercising fishing within 200 nautical miles from the baselines of States members of the European Union.
Article 8. Request for registration and documentation to present.
1. the requests of registration in the registration is will direct to the Director General of management fisheries of the Ministry of agriculture, power and environment according to the model that figure in the annex I, duly completed.
There may be, at any time, in any of the places referred to in article 38.4 of law 30/1992 of 26 November, legal regime of public administrations and common administrative procedure.
Also the applications may be lodged by electronic means through the electronics Ministry headquarters, in application of law 11/2007, of 22 June, electronic access of citizens to public services and, in particular, of article 6, on recognition of law citizens to interact with public administrations by electronic means.
2 the application must be signed by the owner or owner of the ship or, where appropriate, by their legal representative, and shall be accompanied by the following documentation: to) express authorization to the managing body to verify identity data, via query to identity data verification system provided for in paragraph 3 of the only article of the Royal Decree 522/2006 , April 28, whereby the provision of photocopies of identity documents in the administrative procedures of the General Administration of the State and its public organizations linked or dependent shall be deleted. However, if the person concerned does not provide consent, it should provide photocopy of the document or identity card corresponding, as laid down in that article.
(b) accreditation of the position of the person signing the request and its ability to represent and sign on behalf of the Assembly or proprietary company, unless the power of Attorney has provided in the Central Register of powers of attorney.
(c) a copy of the Assembly company tax identification card.
(d) where appropriate, responsible for declaration or commitment do not exercise fishing within 200 nautical miles from the baselines of States members of the European Union.
Article 9. Verification of the application.
It address General of management fishing of the Ministry of agriculture, power and environment will examine the documentation presented and will require, in its case, to them seekers so, in the term of ten days working, corrected them defects of the request or provide it documentation additional that deems timely. For not remedy is such faults or omissions in said term, is will have by desistida it request, prior resolution in which is declare such circumstance, with indication of them made produced and them standards applicable.
Also, the address General of management fishing may perform, of trade, few performances deems necessary for the determination, knowledge and checking of all those data under which should take is to out the registration in the RESA.
Article 10. Resolution of registration.
1. in the term of six months from the date in that it application has had input in the record of the organ competent for its processing, the Director General of management fishing dictate resolution, in which is will accept or deny it registration of it company and them ships affected to it fishery in the RESA, and will notify it same to the interested , pursuant to articles 58 et seq. of the law 30/1992, of 26 November.
He expiration of the term maximum without have is notified it resolution legitimizes to the interested to understand estimated its request by silence administrative.
2. against the mentioned resolution appeal is may be brought before the General Secretary of fisheries, in accordance with the provisions of the articles 114 et seq. of the law 30/1992, of 26 November.
Article 11. Effects of non-registration.
Companies that have not joined in the RESA, or those that cause low, will lose any right to receive subsidies that referred to in paragraph 4.5 of the guidelines for the examination of State aid in the sector of fisheries and aquaculture (2008/C84/06), if so state the rules governing tax abatements and reductions of the type of social contributions and the income tax of the fishermen employees on Board of the ships of these companies.
Article 12. Certification.
In order to be able to justify their inclusion in the RESA, the Directorate General of fisheries management, at the request of the interested party, issue a certificate for each registered vessel which will have a maximum one-year term.
Article 13. Modifications and low.
1. the modifications occur, the data contained in the RESA-concerning and affecting the status of beneficiary of aid referred to in paragraph 4.5 of the guidelines for the examination of State aid in the sector of fisheries and aquaculture (2008/C84/06), must be reported by the shipowner, the shipowner or , in his case, his legal representative, to the Directorate-General of fisheries management, within a maximum period of 3 months since they have occurred. Non-notification of such changes will be cause for decline in the RESA, in addition to violations that might be incurred in accordance with the regulations.
2. will be object of low in the RESA those companies fishing that have lost the license community of them ships, or that have committed violations of them classified as very serious in it law 3 / 2001, of 26 of March, of fishing maritime of the State, and in it willing in the normative European, whenever it provides for, as sanction accessory, the corresponding standard legal.
3. the procedure of low in the RESA will always start ex officio, by the Director-General of management fishing agreement, either on its own initiative or as a result of higher order, reasoned request from other bodies or complaint.
This procedure shall be governed by the General provisions on administrative procedures contained in Title VI of the law 30/1992, of 26 November. In the processing of the procedure is guaranteed, in all case, the right to the audience of the interested.
The deadline to resolve and to notify the procedure of low resolution shall be six months from the date of the agreement of initiation. This period may be discontinued and expand as laid down in paragraphs 5 and 6 of article 42 of the law 30/1992, of 26 November.
Passes the term to solve without having express resolution is notified, will cause the revocation of the procedure.
Appeal may be brought against the aforementioned resolution to the Secretary General of fisheries, in accordance with the provisions of the articles 114 et seq. of the law 30/1992, of 26 November.
4. the situation of low will be reversible by remedying the causes that caused it and after further application by the shipowner or the relevant shipowner or, where appropriate, of his legal representative.
Article 14. Use of electronic media.
The documentation required for the registration and maintenance in the RESA will facilitate, to the extent possible, by electronic means through the electronic headquarters of the Ministry of agriculture, food and environment, accompanied by a certificate of the digital signature when appropriate, in accordance with law 11/2007, of 22 June.
The Ministry of agriculture, food and environment will be the necessary adjustments in the implementation of operational fishing fleet census so that is the electronic management of this record can be guaranteed.
First additional provision. Attribution of powers.
Is empowered to the Director General of management fishing to modify the content of the annex I by resolution that is published in the «newsletter official of the podium».
Provision additional second. No increase in public spending.
The measures included in this standard will be served with them availability budget existing in each exercise budgetary and not may assume increase of endowments or of remuneration or of others expenses of personal.
Sole repeal provision. Repeal legislation.
Hereby repealed the order AAA/2406/2013, of 23 December, which creates special business registration of ships of Spanish fishing operating only in extra-Community waters.
First final provision. Modification order ARM/1683/2011, 2 June, which regulates files with personal data managed by the Ministry of environment and Rural and marine affairs.
Is modifies, in them terms envisaged in the annex II, the file of data of character personal called «47 census of fleet fishing operational», created by the order ARM / 1683 / 2011, of 2 of June, by which is regulate them files with data of character personal managed by the Ministry of environment, and medium Rural and marine.
Second final provision. Enabling skills.
This order is issued by virtue of the exclusive competence of the State in the field of fisheries, contained in article 149.1.19. ª of the Constitution.
Third final provision. Entry in force.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, 8 June 2015.-the Minister of agriculture, food and environment, Isabel García Tejerina.
ANNEX I here are several images in the original. See the document PDF official and authentic.
(ANNEX II modification of the file of data of character personal «47 census of fleet fishing operational» to) identification of the file, indicating its name, as well as the description of its purpose and uses expected.
a.1) identification of file: 47 census operational fishing fleet.
a.2) purpose and intended use: treatment characteristics of vessels (changes, scrapyards, irregular vessels, collapses, exports and identification of companies of Spanish fishing vessels operating only in extra-Community waters) and their owners and managers.
(b) origin of the data, indicating the Group of people on which intends to obtain personal data or that they are obliged to supply them, the procedure of data collection, and its origin.
b.1) collective: owners and owners.
b.2) provenance: public administrations, the person concerned or his legal representative.
(c) the basic structure of the file and the system of treatment used in your organization.
c.1) structure: identification data: DNI/NIF; address; other call sign data; name and surname, data of ships, shipowners and proprietors and fisheries data; If statement responsible for the owner of the ship that does not work within 200 nautical miles from the baseline of the Member States of the European Union, dates of application for high, low, and data modification, and date of registration, and low; observations.
Other categories of personal data: data.
c.2) treatment system: automated.
(d) communications of them data planned, indicating in his case, the recipients or the categories of recipients and legislation applicable: others organs of them communities autonomous; associations and organizations without spirit of profit.
(e) transfers international planned to third countries, with indication, in its case, of the countries of destination of them data: not there are planned transfer international of data.
(f) bodies responsible of the file: Secretary General of fishing.
(g) services or units to those who can exercise their rights of access, rectification, cancellation and opposition: Directorate-General for fisheries management, C / Velázquez, 144, 28006 Madrid.
(h) basic level, medium or high security that is payable, in accordance with title VIII of RLOPD: Basic.
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