Title V of that law regulates the regime of infringements in the field of sea fishing, differentiating it from the material scope relating to the management of the fisheries sector and the marketing of fishery products, where the State competence achieves the establishment of the basic rules, defining a unitary framework of infringements and penalties.

In this regard, this provision shall apply to the sanctioning procedures for sea fishing in external waters, without prejudice to their supplementary character for the autonomous communities, in accordance with the provisions of Article 149.3 of the Constitution.

Both the formula and the principles underlying Royal Decree 747/2008 of 9 May concerning the manifest need for a complete regulation of the sanctioning procedure in the area of sea fishing in the interests of the Configuration of a particular framework given the conditions that converge in this procedure remain invariate. Notwithstanding the above, a whole series of circumstances and conditions are currently under way, which make it necessary to review in depth the regulation of the sanctioning regime for sea fishing in external waters.

In effect, Law 33/2014 of 26 December, amending Law 3/2001, of 26 March of the State Maritime Fisheries, has established a substantial reform of its regime of violations and sanctions, from a firm will to lead in the European Union the implementation of the principles of sustainability of fisheries resources, which is promoted by Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, strengthening the Community's control policy, the fight against illegal fishing, not declared and not regulated; and respect for the rules of the Common Fisheries Policy which promote both Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, discourage and eliminate the illegal, unreported and unregulated fishing, such as Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system to ensure compliance with the rules of the Fisheries Policy Common, and Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down the rules for the rules for the development of Council Regulation (EC) No 1224/2009 of 20 November 2009.

This new system, which has as its ultimate objective to prevent the infringement by nationals of Member States of the rules of the common fisheries policy, has the introduction of a new deterrent system in the fishing area, which consists in the creation of a system of points for serious infringements on the basis of which a fishing licence may be suspended if a number of points is assigned to the holder of the licence as a result of the imposition of penalties for serious infringements. Under this new regulation, this Regulation incorporates a reference in Article 25.3 on the incorporation in the proposal of a resolution of the points which it would have to apply in its case.

This substantial reform of the regime of infringements and sanctions has reached relevant aspects of the sanctioning procedure for offshore fishing in external waters, which must be properly incorporated into their development. (a) the rules governing the application, the time limits of the procedure, the graduation of the financial penalties, the arrangements for interim measures and the fate of the goods and products retained, seized and seized, the reduction of the pecuniary sanction after voluntary payment and suspension conditional.

Likewise, the policies deployed by the Ministry of Agriculture, Food and the Environment to adapt their actions to the implementation of the above-mentioned Regulations require that, as regards the sanctioning, encouraging the implementation of mechanisms of administrative agility which, from the utmost respect to the guarantees and rights of the administered, ensure a rapid and effective response to those who do not comply with the provisions of the Common Fisheries Policy. Therefore, it is particularly necessary to encourage the use of abbreviated processing in the case of certain cases where the stage of training is irrelevant since all the elements that make up the procedure are known at the moment of agree on the initiation of the dossier, and provided that a number of requirements are met, clarifying the wording of the article in question.

Finally, the six years of Royal Decree 747/2008, of May 9, have revealed the need to clarify and improve some procedural issues whose implementation has not been optimal due to the aforementioned This is a special issue for maritime fisheries, which first of all founded and founded the need for this rule, or whose different interpretation has given rise to certain difficulties in its proper implementation. Among them, they have a particular impact on competent bodies, responsibility, specific circumstances aggravating, extension and suspension of time limits, content of the initiation agreement, proof, content of the proposal resolution, processing of hearing, complementary actions, resolution phase and recognition of responsibility.

For all of the above, this standard is necessary, which adequately develops the precepts of Law 3/2001, of March 26, in the wording given by its recent modification, and which strongly encourages the agility and clarity of an administrative action which is part of a Community and international context which is committed to the control policies as a fundamental guarantee in the achievement of the main objective of the Spanish fisheries administration; is, the sustainability of the fishery resources.

Therefore, by this royal decree a new procedure of procedure of the regime of sanctioning in matter of marine fishing in external waters is approved, that it comes to replace the approved one in 2008 but of the one that maintains its essential elements and structure. Legal security reasons that advise the approval of a new standard per integer do not amount to the establishment of a new plant system.

Thus, the regulatory option is maintained consistent with the complete regulation of the sanctioning procedure in the field of sea fishing, in order to configure a unitary framework due to the outstanding factors that converge in the procedure.

First of all, the characteristics of the processing of the procedures and the functional allocation that takes place in that processing, as this is a complex procedure, in which their initiation agreement for the serious and very serious infringements are taken by the Government's delegates in the autonomous communities and the instruction is also carried out in this field. On the contrary, its decision, except in the case of minor infringements, under the provisions of Article 112 of Law 3/2001 of 26 March, is adopted by the Director-General of Fisheries and Aquaculture, the Secretary-General of Fisheries or the Minister of Agriculture, Food and the Environment.

Therefore, in the light of this characteristic and the problems that arise in the practice resulting from the geographical dispersion and the diversity of instructors, it has been chosen to try to shape a unitary framework, which contributes to the simplicity in the management of the sources of the sanctioning procedure in the field of sea fishing, as well as the interpretative clarity, while facilitating the unit of criterion of the instructors.

Secondly, as was the case with the regulation that is now being replaced, the failure to adapt the general sanctioning procedure to the specific features of sea fishing, which do not find adequate accommodation, should be highlighted. the same, inter alia, for the special and mutable circumstances of the sector, the impact and the need to adapt to the common fisheries policy, the need to consider elements of protection and improvement in the conservation of resources fishing, with particular emphasis on the areas of fisheries protection and the complexity of the Intervening actors.

Third, there is a justification for the existence of an autonomous regulation in the need to apply to other rules for determining the allocation of competence, which is not always expressly regulated in the sectoral rules, both in the processing of the various stages of the sanctioning procedure as in the resolution itself.

Fourth, aspects relating to the processing, such as the inadequacy of the regulation of the provisional measures in the general sanctioning procedure, in particular, having regard to their relevance in the field of In the case of maritime fisheries, they require the maintenance of this special scheme; the non-consideration as complementary action and therefore the non-suspension of the deadline for resolving, pursuant to Article 20.1 of Royal Decree 1398/1993 of 4 August 1993, by the that the Rules of Procedure for the exercise of sanctioning power be adopted, of the reports which immediately precede the final decision of the procedure, which leads to significant disadvantages in this area, in particular to the need for reports to prove or value damage to areas of fisheries protection. They also justified their approval, and are now being maintained, such as the need for a more complete regulation of the procedures for the extension of actions and the rectification of the motion for a resolution by the competent body. to resolve; the adjustment of the maximum time limit for the processing and resolution of the simplified procedure in the field of sea fishing, as shown by the fact that it is practically unpublished in this sector; or the inadequacy of the custody regime of the dossiers provided for in Article 3.4 of Royal Decree 1398/1993 of 4 August 1993, to the from the organic point of view of the sanctioning procedure in the field of sea fishing.

Finally, the provisions of Section 8 of the Third Chapter are maintained, concerning the development of the procedure provided for in Royal Decree 1134/2002 of 31 October 2002 on the application of sanctions in the field of Sea fishing for Spanish vessels with flag of convenience vessels, which reinforce the principles of the Community rules for the fight against illegal, unreported and unregulated fishing.

This royal decree is dictated by the power conferred on the Government by the final provision of Law 3/2001, of March 26, and in accordance with the provisions of Article 149.1.19. Exclusive competence in the field of sea fishing in external waters. In its preparation, the autonomous communities have been consulted, as well as the sector concerned and other stakeholders.

In its virtue, on the proposal of the Minister of Agriculture, Food and Environment, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council, and after deliberation of the Council of Ministers at its meeting on 13 March 2015,

DISPONGO:

Single item. Approval of the Rules of Procedure of the sanctioning regime for sea fishing in external waters.

The Rules of Procedure of the sanctioning regime in the field of sea fishing in external waters, the text of which is inserted below, are approved in accordance with the provisions of Title V of Law 3/2001 of 26 March 2001. State Maritime Fisheries.

Additional disposition first. Protection of personal data.

1. The processing of data relating to the sanctioning procedures referred to in this Regulation is subject to the provisions of Law 15/1999 of 13 December 1999 on the protection of personal data and their rules of development.

2. Such data may be transferred to the bodies of the General Administration of the State which have access to them in the field of their powers. They may also be communicated to the bodies of the European Union, in accordance with the terms of the Community rules applicable.

Additional provision second. Control and inspection functions.

The functions of control and inspection of the activity of sea fishing shall be exercised by the personnel referred to in Article 2 of Royal Decree 176/2003, of 14 February, for which the exercise of the functions of the control and inspection of sea fishing activities.

First transient disposition. Procedures in processing.

The sanctioning procedures initiated prior to the entry into force of this royal decree will continue to be dealt with until their final resolution in accordance with the applicable regulations at the time of their initiation, except for those procedures. provisions which are more favourable to the particular application, in which case they shall be applied retroactively.

Second transient disposition. Entry into force of the third paragraph of Article 21 of this Regulation.

This provision will enter into force on 1 June 2015, the date of entry into force of the amendment to the fifth paragraph of Article 59 of Law 30/1992, of 26 November, as provided for in Law 15/2014 of 16 September 2014, rationalisation of the Public Sector and other administrative reform measures.

Until the date specified in the preceding paragraph, in the case of the edictal notification, the notice shall remain on the board of the city council's edicts for a period of seven days, and the appropriate edict must be entered in the edict. due diligence on the date on which it is initiated and the other on which it is withdrawn in order to keep it in the file, as well as the reference to the date of publication in the relevant official journal, warning of the time limit for carrying out the actions referred to by the notified act.

Single repeal provision. Regulatory repeal.

Royal Decree 747/2008 of 9 May 2008 establishing the regulation of the sanctioning regime in respect of sea fishing in external waters is hereby repealed.

Final disposition first. Amendment of Royal Decree 1134/2002 of 31 October 2002 on the application of sanctions in the field of sea fishing to Spanish vessels with flag of convenience.

Article 2 (3) of Royal Decree 1134/2002 of 31 October 2002 on the application of penalties in the field of sea fishing to Spaniards in vessels flying the flag of convenience, with the following wording:

" 3. Failure to comply with the provisions of this royal decree shall be governed by the provisions of Royal Decree 182/2015 of 13 March 2015 on the Rules of Procedure of the sanctioning regime for sea fishing in waters "

Final disposition second. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.19. of the Constitution which attributes to the State the competence in matters of sea fishing in external waters.

Final disposition third. Extra application.

The Royal Decree 1398/1993 of 4 August 1993, which is adopted by the Rules of Procedure for the exercise of sanctioning powers, shall be an additional application in the absence of this Regulation.

Final disposition fourth. No increase in expenditure.

The measures included in this rule will be met with the ordinary budget allocations of the corresponding ministerial departments and will not be able to generate increases in appropriations or salaries or other expenses. personnel.

Final disposition fifth. 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 March 13, 2015.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA

REGULATION OF PROCEDURE OF THE SANCTIONING REGIME IN THE FIELD OF MARITIME FISHERIES IN EXTERNAL WATERS

Chapter I. General provisions.

Article 1. Object.

Article 2. Scope.

Article 3. Competent bodies.

Article 4. Transparency of the procedure.

Article 5. Regime, application and effectiveness of sanctions in the field of sea fishing.

Article 6. Responsibility.

Article 7. Joint responsibility.

Article 8. Concurrency of procedures and penalties.

Article 9. Communication of the indicia of the infringement.

Article 10. Prescribing and archiving of the actions.

Article 11. Links to the criminal court order.

Chapter II. Infringements and penalties for sea fishing.

Article 12. Administrative violations.

Article 13. Graduation of financial penalties.

Chapter III. Sanctioning procedure.

Section 1. General Rules.

Article 14. Deadline for processing.

Article 15. Extension and suspension of the deadline.

Article 16. Previous performances.

Article 17. Provisional measures.

Article 18. The fate of the goods and products retained, seized and seized.

Article 19. Development of public auction of goods and products apprehended, seized and seized.

Section 2. First Initiation of the procedure.

Article 20. Form of initiation.

Article 21. Content of the initiation agreement.

Article 22. Collaboration and accountability in the processing.

Section 3. Instruction.

Article 23. Actions and allegations.

Article 24. Test.

Article 25. Motion for a resolution.

Article 26. Hearing.

Section 4. Resolution and completion of the procedure.

Article 27. Complementary actions.

Article 28. Resolution.

Article 29. Recognition of responsibility.

Section 5. Abbreviated Fulfillment.

Article 30. Abbreviated processing.

Section 6. Simplified Procedure.

Article 31. Simplified procedure.

Article 32. Processing.

Section 7. Conditional Suspension.

Article 33. Conditional suspension procedure.

Section 8. Sanctioning Procedures for Convenience Flag Vessels.

Article 34. Object.

Article 35. Procedure.

Article 36. Exercise of the sanctioning competition by the State of Bandera.

REGULATION OF PROCEDURE OF THE SANCTIONING REGIME IN THE FIELD OF MARITIME FISHERIES IN EXTERNAL WATERS

CHAPTER I

General provisions

Article 1. Object.

The power of sanctioning in matters of maritime fishing regulated in Title V of Law 3/2001, of 26 March, of Maritime Fisheries of the State, will be exercised through the procedure provided for in this regulation, according to the principles laid down in Title IX of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Article 2. Scope.

This Regulation shall apply to conduct or acts which, on the basis of national, Community or international law, constitute a breach of fishing in the terms laid down in Article 12 and shall be commit:

a) Within Spanish territory or in external waters under Spanish jurisdiction or sovereignty.

(b) Outside the territory or maritime waters under Spanish sovereignty or jurisdiction by natural or legal persons, on board or using national flag vessels.

(c) Outside the territory or maritime waters under Spanish sovereignty or jurisdiction by natural or legal persons of Spanish nationality, on board stateless or non-national vessels; or foreign-flagged vessels or using the same, in the latter case, provided that the flag State has not exercised its sanctioning jurisdiction in accordance with the rules in force.

(d) In addition to the provisions of the foregoing paragraphs, it shall also apply to acts or conduct detected in the territory or maritime waters under Spanish sovereignty or jurisdiction and considered as illegal fishing, not declared and not regulated in accordance with the terms and conditions laid down in Community or international law, even if they have been committed outside that scope, irrespective of the nationality of the authors and the flag of the vessel.

Article 3. Competent bodies.

1. The jurisdiction for the agreement to initiate and to investigate cases of penalties for serious or very serious violations in the field of sea fishing will be the responsibility of the Government's Delegates in the autonomous communities, according to the following criteria:

(a) If the commission of the infringement is linked to a Spanish flag vessel, the Government Delegate of the autonomous community where the vessel has its base port at the time of the start of the file shall be competent.

(b) In case of recreational fishing offences or if the commission of the offence is not linked to any vessel, the Government Delegate where the detection of the facts has taken place shall be competent.

(c) If the infringement is related to a non-national flag vessel, the Government Delegate of the port of arrival of that vessel shall be competent. If the vessel concerned does not arrive in a Spanish port, the Government Delegate of the Autonomous Community where the natural or legal person has his habitual residence or residence shall have jurisdiction.

2. By way of derogation from the above paragraph, where circumstances of a technical, economic, social, legal or territorial nature make it appropriate, the Secretary-General of Fisheries may agree on the initiation and appoint an instructor of dossiers. sanctioning.

In any case, such an exception must be made by means of a reasoned agreement, which will be transferred to the corresponding Government Delegate and which must be notified to those interested in the procedure. Against this agreement, no appeal shall be lodged, although it may be contested in the appeal which, where appropriate, is brought against the decision of the proceedings.

3. The competence for the imposition of penalties for infringements in the field of sea fishing shall be:

a) Government Delegates in the event of minor infractions.

b) To the Director General of Fisheries and Aquaculture Resources in the event of serious infringements.

(c) To the Secretary-General of Fisheries in the event of very serious infringements if the amount of the financial penalty does not exceed EUR 300,000.

(d) The Minister of Agriculture, Food and the Environment, when the offence is described as very serious if the amount of the financial penalty exceeds EUR 300,000.

Article 4. Transparency of the procedure.

1. The sanctioning procedure for sea fishing shall be carried out in accordance with the principle of transparency of the procedure. For these purposes, the interested parties have the right to know their processing status and to access and obtain copies of the documents contained therein.

2. In addition, and prior to the hearing, interested parties may make representations and provide the documents they deem appropriate.

3. Access to documents in the case of sanctioning files already completed shall be governed by the provisions of Article 37 of Law No 30/1992 of 26 November.

4. In order to ensure transparency in the proceedings, the defence of the alleged person responsible and the interests of other persons concerned, as well as the effectiveness of the administration itself, each sanctioning procedure being processed formalize systematically, incorporating successive and orderly documents, testimonies, actions, administrative acts, notifications and other measures that appear or are being carried out. The procedure thus formalised shall be kept under the responsibility of the competent body at each stage of the procedure. Once the procedure has been resolved and the final file of the proceedings has been agreed, the body responsible for initiating the procedure shall be responsible for the custody of the administrative file.

Article 5. Regime, application and effectiveness of sanctions in the field of sea fishing.

1. Only infringements in the field of sea fishing may be punishable in respect of acts and conduct constituting an infringement as defined in Chapter II of Title V of Law 3/2001 of 26 March.

The sanctioning provisions for sea fishing shall not apply with retroactive effect, except where they favour the alleged infringer.

2. The enforcement or enforcement of the measures of a provisional nature or of the precautionary measures which, where appropriate, shall be adopted, where possible, with the sanction imposed.

3. It shall be punishable, as a continuous infringement, to carry out a plurality of actions or omissions which infringe the same or different administrative precept where they are identical in nature or protect the same legal good. The same type of infringement and as long as there are any of the following requirements:

a) That there is temporary proximity. Temporary proximity shall be deemed to exist where the actions or omissions have taken place at the same time or in periods of less than one month.

b) There is a unit of purpose, understood as the execution of a previously conceived plan or the use of identical circumstances.

c) To be consistent with the use of similar measures, instruments or techniques of action.

Article 6. Responsibility.

1. The liability for the actions and omissions listed in Chapter II of Title V of Law 3/2001 of 26 March 2001 is of an administrative nature and does not preclude those of another order to be taken.

2. Penalties imposed on a number of persons, natural or legal, as a result of the same infringement shall be independent of each other, except in the cases of joint liability governed by Article 91.2 of the Law. 3/2001, 26 March.

3. The liability to the masters or masters of vessels shall not exclude the possibility of initiating proceedings against natural or legal persons who own or operate the vessels on board which the infringements are committed. which are attributed to them.

4. The administrative responsibilities resulting from the sanctioning procedure shall be compatible with the requirement for the offender to replace the situation altered to his original status and, where appropriate, with compensation for damages and damages caused, in accordance with the terms of Article 130.2 of Law No 30/1992, of 26 November, within the time limit laid down in each case in the relevant decision.

Article 7. Joint responsibility.

1. All the persons involved in the commission of an infringement referred to in Article 91.2 of Law 3/2001 of 26 March shall be jointly and severally liable where the offence is attributable to several of them and it is not possible to determine the degree of participation of each.

2. They shall be jointly and severally liable for the failure to comply with the obligations imposed by the law which entail the duty to prevent the administrative offence committed by others, the natural and legal persons on whom it is the duty.

Article 8. Concurrency of procedures and penalties.

1. The competent body shall agree to the suspension of the sanctioning procedure or, at the end of the procedure, of its execution, from the moment when another sanctioning procedure is known to be in progress for the same facts, subjects and foundations by European Community bodies or other international organisations from which Spain is a party. The suspension shall be lifted from the moment when it is known to have been dictated by those firm resolution.

2. If a penalty has been imposed by the bodies referred to in the previous paragraph, based on identical facts and legal bases, the competent body to be resolved must take it into account for the purposes of graduating which, where appropriate, it is required to impose, They shall be compensated, without prejudice to the commission of the infringement.

3. In the cases provided for in the preceding paragraphs, the suspension shall also be subject to the limitation period for the infringement or administrative penalty.

Article 9. Communication of the indicia of the infringement.

When, at any stage of the sanctioning procedure, the competent bodies consider that there are rational indications of the existence of another administrative infringement for which they do not have jurisdiction, they shall inform to the body which is competent, in accordance with the provisions of Article 4 of Law 30/1992, of 26 November.

Article 10. Prescribing and archiving of the actions.

1. Where it is concluded that the infringement has been prescribed by the previous action, the body responsible for initiating the procedure shall, of its own motion, agree to the non-provenance of the infringement.

2. Once the procedure has been initiated, if it is concluded at any time that the infringement has been prescribed, the competent body to resolve, on a proposal from the instructor, shall agree to the conclusion of the procedure, with the file of the proceedings. Such a decision shall be notified to the parties concerned.

3. After two months from the date on which the procedure was initiated without having been notified of the procedure, the body responsible for initiating proceedings shall proceed to the proceedings. If the infringement has not been prescribed, the competent authority may agree to the initiation of the infringement. In the latter case, both agreements, file and new start of the file, must be notified to the defendant, without prejudice to the responsibilities in which it could have been incurred.

4. In addition, where the time limit for the limitation of penalties of a non-pecuniary nature has elapsed, the competent authority shall notify the person concerned. In the case of a prescription for penalties of a pecuniary nature, it shall be acted in accordance with the provisions of Law 47/2003 of 26 November, General Budget, and the rules on collection.

Article 11. Links to the criminal court order.

1. At any time of the sanctioning procedure in which the competent bodies consider that the facts may also be constitutive of criminal wrongdoing, they shall communicate it to the Prosecutor's Office, requesting testimony on the actions practiced. with respect to the communication.

2. In the cases referred to in the preceding paragraph, and where the competent bodies are aware of the existence of criminal proceedings on the same facts, they shall request the judicial body to communicate the proceedings. practiced.

Received the communication, and if it is estimated that there is an identity of the subject, made and ground between the administrative infringement and the criminal offence that may correspond, the competent organ for the initiation or, if necessary, resolution of the procedure, depending on the stage in which the procedure is located, shall agree to its suspension until a final decision has been taken or to terminate the proceedings, the dismissal or the file of the proceedings shall take place or the proceedings shall be return of the file by the Prosecutor's Office.

3. If the existence of a criminal offence has not been appreciated, the competent body shall lift the suspension and agree to the continuation of the processing of the administrative file from the moment it becomes aware of the final decision of the judicial authority, or to terminate the proceedings.

4. In any event, the established facts established by a firm criminal judicial decision bind the administrative bodies in respect of the sanctioning procedures which they provide.

CHAPTER II

Infringements and sanctions in the field of maritime fisheries in external waters

Article 12. Administrative violations.

This constitutes an administrative infringement of sea fishing, any action or omission established as such in Chapter II of Title V of Law 3/2001 of 26 March.

Article 13. Graduation of financial penalties.

1. Within each of the tranches laid down in Article 106 of Law 3/2001 of 26 March 2001, financial penalties for infringements classified as minor, serious or very serious shall be imposed on the basis of the minimum, medium or maximum, as indicated in the same and in consideration of the following criteria:

a) Economic benefit to obtain or expect to obtain the alleged infringer as a result of the infringement committed.

b) Size and power of the vessel.

(c) Nature of the damage caused, in particular to marine funds, ecosystems and living organisms, economic resources, public domain goods or third parties, or to areas with environmental or fisheries protection.

d) Possibility of restitution of the damage caused as a result of the commission of the infringement.

2. Aggravating circumstances are considered, the following:

a) Degree of intentionality of the offender.

(b) Reoffending, in the event that it has been sanctioned for an infringement in the field of sea fishing of the same type and qualification. It may be applied provided that the sanction resolution of the antecedent has acquired firmness on an administrative basis within one year before the date of the facts.

c) Reiteration of infringements, in the event that it has been sanctioned for an infringement on maritime fisheries. It may be applied provided that the sanction resolution of the antecedent has acquired firmness on an administrative basis within three years prior to the date of the facts.

d) Persistence in the illicit conduct. In any case, it shall apply in cases of continued infringement in accordance with the requirements laid down in Article 5.3 of this Regulation.

e) The generation of damage to the marine environment in the areas of fisheries protection with the commission of the infringement, as defined in Chapter III of Title I of Law 3/2001, of 26 March.

f) The endangering of public health or human lives with the commission of the offence.

g) The situation of over-exploitation of the fishery resources concerned. It may be applied when such a situation is contained in national, Community or international relevant legislation

h) The conduct of illegal fishing activities in closed areas or in an area of prohibited or anti-regulatory funds.

i) The commission of two or more facts typified in the same legal precept, when they do not constitute different infractions.

3. The graduation or aggravating criteria referred to in the preceding paragraphs may not be used to aggravate or mitigate the offence where they are contained in the description of the offending conduct or are part of the unlawful conduct itself. administrative.

4. In accordance with the criteria set out in the above paragraphs and in accordance with the limits laid down in Article 106 of Law 3/2001 of 26 March, financial penalties for minor, serious or very serious infringements shall be imposed on the minimum, medium, or maximum degrees within the following sections:

a) pecuniary penalty for minor infraction:

1. Minimum degree: 60 to 200 euros.

2. Middle Grade: 201 to 400 euros.

3. Maximum degree: 401 to 600 euros.

b) pecuniary penalty for serious infringement:

1. Minimum degree: from 601 to 15,000 euros.

2. Middle Grade: 15.001 to 40,000 euros.

3. Maximum degree: from 40,001 to 60,000 euros.

c) Punic penalty for very serious infringement:

1. Minimum degree: from 60,001 to 120,000 euros.

2. Middle Grade: from 120.001 to 240,000 euros.

3. Maximum degree: from 240,001 to 600,000 euros.

CHAPTER III

Sanctioning Procedure

Section 1. General Rules

Article 14. Deadline for processing.

1. The maximum period for dealing, resolving and notifying the penalty decision shall be six months for minor and nine months for serious and very serious infringements. That period shall be computed from the adoption of the initiation agreement of the procedure.

2. After that period, the body responsible for resolving the proceedings shall declare that the action is to be revoked, without prejudice to the competent body to initiate a new procedure, as long as the infringement has not been prescribed.

Article 15. Extension and suspension of the deadline.

1. The extension of the time limit for the processing of the sanctioning procedure may be agreed where, for justified and duly substantiated reasons, it is deemed necessary to ensure the correctness and legality of the decision, where elements of judgment are missing sufficient, or where the persons concerned have their domicile outside the Spanish territory.

2. In addition, the maximum period of the previous article may be suspended, in accordance with Articles 27 and 35 of this Regulation, or for reasons attributable to the persons concerned, and for the other reasons provided for in the laws.

3. The extension or suspension shall be agreed by the competent body to resolve the procedure either on its own initiative or on a reasoned proposal from the instructor and notified to the person concerned, except as provided for in paragraph 5.

4. The provisions of this Article are without prejudice to the provisions of Articles 42 and 49 of Law No 30/1992 of 26 November 1992.

5. Provided that the alleged responsible persons reside abroad, or when residing in Spain, it is necessary to complete some foreign processing, it will be effective, from the agreement of initiation, the possibility of extension of deadlines to refers to Article 49.2 of Law 30/1992 of 26 November.

Article 16. Previous performances.

1. Prior to the initiation of the procedure, the body responsible for initiating or resolving the procedure may agree to the necessary prior action, which shall be carried out under the conditions laid down in the first paragraph of Article 1 (1) of the Treaty. the art. 95 of Law 3/2001 of 26 March, in order to determine whether the circumstances justifying such initiation are present.

2. In particular, these actions shall be aimed at determining, as precisely as possible, the facts which may be used to encourage the opening of the procedure, the identification of the person or persons who may be responsible and the relevant circumstances that are present in each other.

3. Yes, the identified persons responsible for having the same domicile in a foreign country shall be required to indicate a person based in Spain for the purposes of notification.

4. Prior action shall be carried out by the official or administrative body determined by the competent body for the initiation or resolution of the procedure and, where appropriate, by the bodies responsible for the control and control functions. inspection of the activity of sea fishing in the field of competence of the General Administration of the State in the terms provided for in Royal Decree 176/2003, of 14 February, which regulates the exercise of the functions of control and inspection of maritime fishing activities, and Article 95 of Law 3/2001 of 26 March.

Article 17. Provisional measures.

1. Prior to the initiation of the sanctioning procedure, the Government Delegate in the competent autonomous community, or any of the authorities referred to in Article 97.1 of Law 3/2001 of 26 March, may adopt the provisional measures. that you consider necessary for:

a) Ensure the effectiveness of the resolution that may fall.

b) Ensure the good end of the procedure.

c) Avoid maintaining the effects of the violation.

d) Ensuring general interests.

2. They shall be considered for interim measures, inter alia:

(a) The retention of the vessel or the confiscation of the gear, gear and fishing gear.

b) The boarding of the vessel.

c) The return to port of the ship.

d) The temporary suspension of activities.

e) The suspension of fishing authorisations.

(f) Confiscation of fishing catches or of fishery products or of products or goods obtained, including for such purposes the economic amount of the sale of the goods or products seized.

g) The guarantee capability. In the case of a guarantee requirement, the guarantee shall not exceed the amount of the financial penalty which may be the maximum amount of the offence or offences alleged to have been committed.

The measures in paragraphs (a), (b), (e) and (f) shall only apply to the case of serious or very serious infringements.

3. The provisional measures must be confirmed, amended or lifted in the agreement initiating the procedure, within 15 days of their adoption. The measures taken shall be without effect if the procedure is not initiated within that period or where the initiation agreement does not contain an express statement on the measures, except in the case provided for in Section 8. Regulation, where a prior notification to the flag State is necessary before proceeding at the beginning of the sanctioning procedure, in which case the said measures may be confirmed and the opening of the procedure until the completion of such processing.

4. Where, for reasons of urgency or need, in accordance with Article 97.3 of Law 3/2001 of 26 March 2001, provisional measures shall be adopted orally, they shall be reflected in written and reasoned agreement by the Commission. the competent authority for its adoption as soon as possible and in any case, within a period not exceeding five days, giving the person concerned a transfer.

5. Where the provisional measures are taken by the inspector of fisheries in the minutes, they shall also be subject to confirmation, amendment or amendment to the agreement at the beginning of the procedure, within a period of 15 days, become ineffective.

6. The adoption of provisional measures shall be the responsibility of the body responsible for its decision, without prejudice to the urgency of the matter, the body responsible for initiating the procedure or the body. The instructor can take the necessary ones.

7. The adoption of these measures will be carried out by means of a reasoned agreement, highlighting in each specific case their need in the light of the objectives to be achieved and their intensity and proportionality in relation to, inter alia, the following circumstances:

a) Nature of possible injury caused.

b) Need to ensure effectiveness of sanctioning resolution.

c) Need to avoid continuity of the effects of the reported facts.

(d) Any other circumstance of specific gravity justifying the adoption of such measures.

8. The provisional measures may be raised or amended during the processing of the procedure, either on its own initiative or at the request of a party, under circumstances which have been overcome or which could not be taken into account at the time of its adoption.

9. The provisional measures taken shall be extinguished when the administrative decision terminating the sanctioning procedure is issued. However, the resolution shall, where appropriate, take the necessary precautionary measures to ensure the effectiveness of the decision as long as it is not enforceable.

10. The amount of expenditure arising from the adoption of the measures described above shall be borne by the alleged infringer.

Article 18. The fate of the goods and products retained, seized and seized.

1. The destination of the catch and/or fishery products seized shall be as follows:

(a) In the case of seized fishing catches that have a chance of survival, the fishing inspector shall request his return to the marine environment in accordance with the terms of Royal Decree 176/2003 of 14 February 2003.

(b) Otherwise, in the case of seized fishing catches fit for consumption, the inspector shall, in the event that the sanctioning procedure has not been initiated or the competent authority for the initiation or in his/her Case resolution of the procedure, depending on the procedural phase in which the file is located, may provide them with any of the following destinations:

1. Distribute between charities and other public and private non-profit institutions. This option will be preferred.

2. VON at auction or authorized place, with the amount of such sale being made available to the competent body to initiate the sanctioning procedure.

3. On a subsidiary basis, and where the sale at auction is not possible, the commencement of the public auction procedure shall be agreed, in accordance with the provisions of the following Article.

4. º As a last option, and only in cases where none of the above options are possible, they will be categorised as animal by-products not intended for human consumption, and will be treated in accordance with the rules of application, unless otherwise destroyed.

(c) In the case of seized fishing catches unfit for consumption, classification and treatment shall be carried out as animal by-products not intended for human consumption, in accordance with the rules applicable to them. application, unless otherwise destroyed.

2. The seized gear, gear, gear or fishing gear shall be destroyed. The seized regulations shall be returned to the person concerned after the lodging of bail or other financial guarantee, in accordance with Article 98 of Law 3/2001 of 26 March.

3. If, in the resolution of the sanctioning procedure, the commission of the infringement is not assessed, the return of the seized goods or goods shall be agreed. If the person concerned does not take charge of them within a period of one year after he has been required to do so, they shall be made available to the Ministry of Agriculture, Food and the Environment, where appropriate, to order their sale in public auction, delivery to charities and other public or private non-profit institutions or to their destruction.

4. If, in the resolution of the sanctioning procedure, the commission of infringement is assessed, the goods or goods seized or seized that are not susceptible to lawful use shall be destroyed. If their use were lawful and provided that the sanction resolution does not establish such seizure or confiscation as a sanction or as a precautionary measure to guarantee the execution of the sanction, the return of the same will be agreed upon. If the person concerned does not take charge of them within one year after he has been required to do so, they will be made available to the Ministry of Agriculture, Food and Environment, which must decide on their destination, in accordance with the provisions of the Previous section.

5. In respect of the vessels retained, they shall be released without delay, subject to the establishment of a legally intended financial guarantee, the amount of which shall be fixed by the competent body, in accordance with Article 98.1 of Law 3/2001 of 26 May 2001. March.

Not to be guaranteed within one month from the date of their fixing, without prejudice to any extensions which, if necessary, have been granted, the vessel will be made available to the Ministry of Agriculture, Food and the Environment, which proceed to decide on its location and destination, as long as the resolution to end the procedure is not issued.

The costs arising from the adoption of these measures, in relation to retained vessels for which no legally intended financial guarantee is provided, shall be on behalf of the alleged infringer.

6. The record of all previous actions shall be kept on record.

Article 19. Development of public auction of goods and products apprehended, seized and seized.

1. As a general rule, the auction shall be held in lonja, or, where appropriate, in the corresponding approved point for the first sale, in the case of fresh products, or in the establishment approved by the autonomous community.

2. The material execution of the auction shall be entrusted to the successful tenderer of the auction or establishment, after valuation of the goods or products at market prices and in accordance with the usual valuation criteria.

3. The auction shall be held subject to the following specialties:

(a) The lodging of a prior deposit shall not be required to tender.

(b) The development of the tender shall be carried out in accordance with the usual practice of such acts.

(c) An official appointed by the Government Delegation shall be present at the invitation to tender.

(d) The auction shall be concluded, the official designated by the Government Delegation shall extend diligence in which the essential elements of the auction are made.

4. In cases where it is not possible or is not appropriate to promote competition, for reasons duly justified in the file, the direct award of the goods or products seized in the best economic conditions shall proceed. For these purposes, the body responsible for initiating the procedure shall proceed in accordance with the following rules

(a) The direct award procedure shall be announced in the notice board of the Government Delegation in the competent autonomous community, as well as through its electronic headquarters and, where appropriate, the Subdelegation of Government.

(b) Where the value of the goods exceeds the amount of EUR 30,000, the award procedure shall be announced in the Official Gazette of the province in which the goods or products have been apprehended, seized or seized. The authority responsible for the award may also agree to publish in the notice boards of the town halls of those places where the goods are located, in the mass media, in publications specialised or in any other appropriate means to that effect.

(c) The competent authority for the award must proceed to determine the value, on a prior basis, of the goods or products with reference to market prices, with a view to obtaining at least three tenders.

(d) The award shall be made by means of the minutes issued by the marine fisheries inspector or official designated by the body that agrees to the award, in favour of the person who presents the most advantageous economic offer. The goods shall be delivered to the successful tenderer after the amount has been paid.

5. The amount of the sale made, by means of auction or direct award, shall be deposited in the General Deposit Box at the disposal of the body responsible for resolving the procedure, the conditions laid down by the Regulation of the General Deposit Box and other development regulations, approved by Royal Decree 161/1997 of 7 February. All this, at the expense of what is determined in the resolution of the sanctioning file, or the effective enforceability of the resolution, if it has already been dictated.

Section 2. First Procedure Initiation

Article 20. Form of initiation.

1. The sanctioning procedure shall always be initiated on its own initiative by agreement of the competent authority in accordance with the terms laid down in Article 3 of this Regulation.

This initiation will be performed:

a) On your own initiative.

b) As a result of higher order.

(c) At the request of the Director-General of Fisheries and Aquaculture Resources or other bodies or authorities in the field of sea fishing.

d) As a consequence of denunciation of any fact or conduct that may constitute an infringement.

e) As a result of the act lifted by the maritime fisheries inspectors or other officials or agents of the authority.

2. The formulation of a petition does not bind the competent body to initiate the procedure for sanctioning, but must inform the body in a reasoned manner that it has formulated the reasons for which, where appropriate, the initiation of the procedure.

3. In the case of a complaint, it must express the identity of the person or persons who present it, the account of the facts that may constitute an infringement and the date of its commission and, where possible, the identification of the alleged responsible.

When a complaint has been filed, the complainant must be notified of the initiation or not of the procedure.

4. In the case of minutes raised by the inspectors of sea fishing, or, where appropriate, by other officials of the authority, which do not give rise to the initiation of a procedure, the body responsible for initiating the procedure shall communicate by agreement reasoned, to the Director-General for Fisheries Management, the reasons why, where appropriate, the initiation of the procedure is not appropriate. Notification to individuals is not necessary for this agreement.

Article 21. Content of the initiation agreement.

1. The initiation agreement of the sanctioning procedure shall be formalised with at least the following specifications:

a) Identification of the person or persons allegedly responsible.

(b) A summary of the facts which give rise to the opening of the procedure, its possible qualification and the penalties which may be imposed, without prejudice to the result of the instruction.

(c) Appointment of the instructor and, where appropriate, the Registrar, with the express indication of the recusal status of the instructor.

(d) Competent body for the resolution of the procedure and rule that confers jurisdiction on it.

(e) Provisional measures to be taken where appropriate, without prejudice to those which may be adopted during the processing. In the case of provisional measures taken before the initiation of the procedure, an express statement shall be made concerning the destination of the proceedings, their maintenance, modification or lifting.

f) Maximum time to dictate and report resolution.

g) Indication of the right to make allegations and to the hearing in the proceedings and the time limits for their exercise.

2. The initiation agreement shall be communicated to the instructor, with the transfer of any such action, and the complainant shall be notified, where appropriate, and to the persons concerned, in any case understood by the person or persons allegedly responsible.

As provided for in Article 96 of Law 3/2001 of 26 March, captains and employers, or persons concerned with the conduct of fishing activities, shall be deemed to have been notified once the notification has been carried out. holder of the fishing licence with which he/she shall provide his/her service.

3. In the case of an edictal notification, it shall be carried out by means of an advertisement published in the "Official Gazette of the State" in accordance with Article 59.5 of Law 30/1992 of 26 November.

Article 22. Collaboration and accountability in the processing.

1. Under the terms of Article 4 of Law No 30/1992 of 26 November, the administrative bodies and offices belonging to any of the public authorities shall provide the instructor with background and reports. necessary, as well as the personal and material resources necessary for the development of their actions.

2. Persons appointed as an instructor or, where appropriate, the holders of the administrative units assigned such a function shall be directly responsible for the processing of the procedure and, in particular, for compliance with the time limits. set.

Section 3. Instruction

Article 23. Actions and allegations.

1. Once the initiation agreement has been notified, the parties concerned shall, without prejudice to Article 4, have a period of 15 days to provide for any allegations, documents or information they deem appropriate and, where appropriate, to propose test by specifying the means to be used.

2. In the course of the notification, the instructor of the procedure shall carry out, on its own initiative, any action necessary for the accreditation of the facts, collecting the relevant information and information to determine, where appropriate, the existence of responsibilities liable to sanction.

3. If, as a result of the instruction of the procedure, the initial determination of the facts, their possible qualification, the taxable penalties or the responsibilities liable to be imposed, the initial determination of the facts shall be carried out, notification to the alleged person in the motion for a resolution.

Article 24. Test.

1. After the time limit laid down in Article 23 has been received, the instructor may agree to the opening of a probationary period, for a period not exceeding 30 days nor less than 10 days. The practice of the evidence, which is understood by those other than the documents which the interested parties can provide at any time in the proceedings, shall be carried out in accordance with the provisions of Article 81 of Law No 30/1992 of 26 May 1992. November.

2. The instructor shall order the practice of any such evidence as it deems necessary, in order to prove the effective conduct of the offending conduct and the determination of the identity of the alleged offenders.

3. The instructor may reject the evidence proposed by the accused persons only if they are manifestly inappropriate or unnecessary, by means of a reasoned agreement, duly notified to them, in accordance with the provisions of Article 137.4 of the Law 30/1992, of 26 November. The reasoned agreement for the refusal of the test practice may be incorporated into the motion for a resolution.

4. Where the evidence consists in the issuance of a report of an administrative body or public entity, and is admitted to processing, it shall be understood to have the suspensory effects provided for in Article 42.5.d) of Law 30/1992, of 26 November:

a) When the report is at the request of the data subject.

(b) When the report is requested by the instructor to be prescriptive, for the purposes of validity of the test, thus requiring international or community law.

5. The facts established by officials to whom the status of authority is recognised and carry out inspection duties, which are formalised in public documents, subject to the relevant legal requirements, shall be presumed to be true, without prejudice to the evidence that the respective rights or interests may indicate or contribute to the respective interests.

6. Where the assessment of the tests carried out may constitute the basic basis for the decision to be taken in the procedure, as a necessary part of the assessment of the facts, it shall be included in the motion for a resolution.

Article 25. Motion for a resolution.

1. If necessary, the test shall be completed by the instructor of the procedure and shall make a motion for a resolution. It shall set out in a reasoned manner the facts, specifying those which are considered to be proven and their exact legal status, shall determine the infringement which, if any, they constitute and the person or persons responsible, as well as the sanction which it proposes to impose, or propose the declaration of non-existence of infringement or liability.

2. Where provisional measures have been taken, they shall be included in the motion for a resolution.

3. In accordance with the rules in force, the motion for a resolution shall expressly inform the possibility that the infringements may be subject to the allocation of points corresponding to the imposition of the penalty.

Article 26. Hearing.

1. The motion for a resolution shall be notified to the parties concerned, together with a list of the documents in the file so that they may request copies of the documents they deem appropriate.

2. The period of hearing shall be 15 days, during which the persons concerned may make representations and submit the documents and information they deem relevant to the instructor of the proceedings.

3. After the hearing has been completed, the instructor shall immediately submit to the competent body to resolve the proceedings, the motion for a resolution, together with all the documents, allegations and information contained therein.

Section 4. First Resolution and End of Procedure

Article 27. Complementary actions.

1. The body responsible for resolving the matter may decide, by means of a reasoned agreement, to carry out the necessary additional measures for the correct determination of the facts or for the proper resolution of the procedure. The agreement to carry out additional actions shall be notified to the parties concerned, with the time limit for the procedure to be resolved until the completion of the additional actions, which must be carried out within a period of no more than a fortnight and the outcome of which shall be notified to the parties concerned.

2. They shall be considered to be complementary to those reports or extensions of the existing ones which are decisive for the adoption of the resolution, on the understanding of those which, by means of the reasoned agreement of the competent body, are credited as being essential for the correct determination of the facts or for the proper resolution of the procedure.

Article 28. Resolution.

1. The competent body, in accordance with Article 112 of Law 3/2001 of 26 March, shall give a decision which shall be reasoned and shall decide on all the questions raised by the parties concerned and those arising from the proceedings.

The resolution shall be adopted within the time limit laid down in Article 14, after receipt of the motion for a resolution and the documents, arguments and information obtained in the file, without prejudice to possible extensions or the term suspensions provided for in this Regulation and other provisions resulting from implementation.

2. The resolution shall be notified to the parties concerned. If the procedure has been initiated as a result of higher order or reasoned request, the decision shall be communicated to the administrative body responsible for that decision.

3. The decision may not accept facts other than those determined in the course of the procedure or, where appropriate, those resulting from the additional actions, irrespective of their different legal assessment.

4. Without prejudice to the above paragraph, the competent body to resolve is not bound by the sanction contained in the instructor's motion for a resolution, however, where it considers that the infringement is more serious than conformity with the classification of Articles 100 and 101 of Law 3/2001 of 26 March, the defendant shall be notified of the fact that he/she provides as many arguments as it considers appropriate, giving him a period of 15 days.

5. The decision of the sanctioning procedure shall include the assessment of the evidence carried out and, in particular, those which constitute the basis for the decision, shall determine the facts and, where appropriate, the person or persons responsible, the the offence or offences committed and the sanction or penalties imposed, or the declaration of non-existence of the offence or liability.

When the circumstances are legally provided, and in accordance with the provisions of Articles 108 and 109 of Law 3/2001 of 26 March, the resolution shall express the requirements and effects of the possible reduction. 30 percent of the financial penalty.

6. The resolution does not put an end to the administrative route, so it may be used in a show before the hierarchical superior body of which the decision is made, which must be expressly stated in the resolution, as well as the legally established deadline for this. under the terms laid down in Law 30/1992 of 26 November 1992. This is without prejudice to Articles 108 and 109 of Law 3/2001 of 26 March on the effects of the reduction of the financial penalty.

7. The resolution may take the necessary precautionary measures to ensure that they are effective as long as it is not enforceable. Those measures may consist in the maintenance of the provisional measures which, where appropriate, would have been taken before, in accordance with Article 17.

8. The decision shall be enforceable where it is signed on an administrative basis, without prejudice to the provisions of Article 110 of Law 3/2001 of 26 March on the conditional suspension.

Article 29. Recognition of responsibility.

1. If the person concerned shows his/her agreement with the sanction proposal, at any time prior to the decision of the procedure, the instructor shall request the conformity of the competent body to deal with the completion of the procedure within a period not exceeding five days from the receipt of the agreement of the data subject.

The competent authority shall inform the instructor of such conformity within two months of the date of receipt by the competent authority of the agreement of the person concerned. In this case, the instructor will issue diligence, which will be notified to the interested parties, declaring the completion of the procedure and agreeing on its execution and the definitive file of the proceedings. Where the circumstances are legally provided, and in accordance with the provisions of Articles 108 and 109 of Law 3/2001 of 26 March, the diligence must express the requirements and effects of the possible reduction of 50% of the the pecuniary sanction.

The expiry of the period specified without the express decision of the competent body to resolve shall determine the conformity with the motion for a resolution.

2. If the competent body to resolve the procedure is to rectify the proposal for a penalty, the instructor shall be notified within two months, and the instructor must be transferred to the person concerned. In that letter of correction, the person concerned shall be given his right to make any allegations which he considers relevant within 15 days from the date of the notification. The conformity of the person concerned to the rectification carried out shall determine the completion of the procedure, after diligence of the instructor declaring the completion of the procedure and agreeing to its execution and the definitive file of the performances, with agreement of the competent body to resolve.

3. If the time limit for claims has elapsed without the fact that they have been produced or if the person concerned manifests his disagreement, the body responsible for resolving the procedure shall expressly notify the decision.

Section 5. Abbreviated Fulfillment

Article 30. Abbreviated processing.

1. Where the competent body at the time of the initiation of the sanctioning procedure is in dispute with all the elements in order to make the motion for a resolution, the proposal shall be incorporated into the initiation agreement.

2. Such an agreement shall be communicated to the instructor, with the transfer of any action in this respect and the persons concerned shall be notified of the understanding of the person or persons allegedly responsible for the infringement.

3. The notification shall expressly inform the persons concerned that they have a period of hearing of 15 days, in accordance with Article 26.2 of this Regulation.

If the interested parties expressly propose in their submissions the test practice, the instructor may order or reject the test practice in accordance with the provisions of Article 24, by means of a duly reasoned agreement. notified to those, and shall make a new proposal for a resolution, reiterating or not, in the initially notified under the first paragraph, the compliance with the provisions of Articles 25 and 26 shall be verified in any event.

4. The abbreviated treatment provided for in this provision may be applied to minor offences or to serious offences where the pecuniary sanction is graded to a minimum degree.

Section 6. Simplified Procedure

Article 31. Simplified procedure.

When the competent body for the initiation of the procedure considers that there are sufficient evidence to qualify the infringement as minor, the simplified procedure shall be dealt with.

Article 32. Processing.

1. The initiation shall be produced by agreement of the competent body in accordance with Article 3, specifying in the initiation agreement the simplified nature of the procedure.

2. Within one month of the notification and notification of the initiation agreement, the instructor and the interested parties shall, respectively, carry out the preliminary proceedings, the contribution of all allegations, documents and information. consider appropriate and, where appropriate, the proposal and practice of the test.

3. On the expiry of that period, the competent authority for the instruction shall make a proposal for a decision in accordance with Article 25 or, if it appreciates that the facts may constitute a serious or very serious infringement, it shall agree that continue to process the general procedure, notifying the parties concerned that, within five days, they will propose proof if they consider it appropriate.

4. The procedure shall be forwarded to the competent body to be resolved, which shall, within five days, decide in the form and with the effects referred to in Article 28.

5. The procedure shall be resolved and notified within the maximum period of six months after the start of the procedure.

Section 7. Conditional Suspension

Article 33. Conditional suspension procedure.

1. The infringer may request within one month, from the notification that ends the administrative route, the conditional suspension of the execution of the sanction imposed, in the terms provided for in Article 110 of Law 3/2001, of 26 March. The conditional suspension shall not be applied for as long as there is no resolution of the administrative appeal which, where appropriate, has been filed or the time limit has elapsed for its interposition without it being produced.

2. That application, for the purposes of complying with the requirements laid down in Article 110.2 of Law No 3/2001 of 26 March 2001, shall be accompanied by a statement responsible for the infringer in which it is stated that it has not been In the last five years, it has been sanctioned in respect of sea fishing.

3. For the purposes of the resolution of the conditional suspension, a mandatory report shall be requested from the Director-General of Fisheries and Aquaculture, to be issued within one month.

4. The maximum period for issuing and notifying the decision of the Minister for Agriculture, Food and the Environment on the granting or refusal of the conditional suspension shall be six months, since the application has entered the register. of the body responsible for its resolution. In accordance with Article 110.4 of Law 3/2001 of 26 March, the persons concerned may understand their application for an administrative silence.

Section 8. Sanctioning Procedures for Convenience Flag Vessels

Article 34. Object.

1. Pursuant to Article 2 (c) and (d), natural or legal persons who fail to comply with the obligations arising from conservation and management measures established in international law on the high seas on board vessels of third countries, may be sanctioned when the flag State has not exercised its sanctioning jurisdiction, under the provisions of Title V of Law 3/2001 of 26 March, and Royal Decree 1134/2002 of 31 October 2002 on The application of sanctions in the field of sea fishing to Spanish vessels flying the flag of convenience, as well as in this provision, whatever their degree of responsibility for the participation in the acts constituting the infringement.

2. For the purposes of applying this procedure, it is understood that the flag State does not exercise its powers of sanction, when within three months of its being notified, through official conduct, of the allegedly infringing conduct, The Commission shall, in accordance with Article 10 (1) of Regulation (e), (e), (d) and (d) of the European Commission, provide the following information

Article 35. Procedure.

1. The notification to the flag State through official conduct of the conduct, allegedly infringing, consisting of the failure to comply with obligations arising from conservation and management measures established in international law, shall be carried out by the diplomatic representation of Spain, except in the case of a procedure which has already been carried out by Community or international bodies or bodies, in which case it shall be deemed to be valid for the purposes of the this regulation.

2. The period of three months shall start from the moment on which the notification is entered in the relevant organ of the flag State.

3. If, within three months, the flag State has not replied to the notification and has not initiated any proceedings, the competent authority may initiate the procedure for sanctioning the natural or legal persons responsible, according to As provided for in Law 3/2001 of 26 March, and in this Regulation.

Article 36. Exercise of the sanctioning competition by the flag State.

Relapse firm resolution in the flag State, the competent body to resolve may determine the opening of the sanctioning file, taking into account, in any case, the penalty relapse for the purposes of graduating, or, where appropriate, to compensate, the one imposed, without prejudice to the declaration of the infringement. For these purposes, the provisions of Articles 8 and 17.3 of this Regulation shall apply.