Real Decree 182 / 2015, Of 13 Of March, By Which Is Approves The Rules Of Procedure Of The Regime Sanctioning In Matter Of Fishing Maritime In Waters Foreign.

Original Language Title: Real Decreto 182/2015, de 13 de marzo, por el que se aprueba el Reglamento de procedimiento del régimen sancionador en materia de pesca marítima en aguas exteriores.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-2715

He title V of the cited law regulates the regime of them violations in matter of fishing maritime, differentiating it of the field material relative to the management of the sector fishing and it marketing of products fishing, where it competition State reaches the establishment of them standards basic, defining a frame unit of infringements and sanctions.

In this sense, this provision shall apply to the proceedings in respect of sea fishing in foreign waters, without prejudice to its supplementary character to the autonomous communities, in accordance with the provisions of article 149(3) of the Constitution.

Both the formula as them principles underlying to the Real Decree 747 / 2008, of 9 of mayo, relative to the manifest need of a regulation full of the procedure sanctioning in matter of fishing maritime in the interests of the configuration of a frame particular given them conditions that converge in this procedure remain unchanged. However, converge at this time a series of circumstances and conditions that make it necessary to review in depth the regulation of the penalties in the field of maritime fishing in foreign waters.

In fact, the law 33/2014, on December 26, amending the law 3/2001, State maritime fisheries March 26, has established a substantial reform of its regime of offences and penalties, from a firm will lead the European Union the implementation of the principles of sustainability of fishery resources which promotes Regulation (EU) No. 1380 / 2013 of the European Parliament and of the Council from December 11, 2013, on the common fisheries policy, to strengthen community control policy, the fight against illegal, unreported and unregulated; fishing and the respect to them standards of the political fishing common that promote both the Regulation (CE) No. 1005 / 2008 of the Council, of 29 of September of 2008 by which is sets a system community to prevent, discourage and eliminate the fishing illegal, not declared and not regulated, as the Regulation (CE) No. 1224 / 2009 of the Council, of 20 of November of 2009 whereby establishing a Community system of control to ensure compliance with the rules of the common fisheries policy and its implementation (EU) No. 404/2011 of Commission Regulation, April 8, 2011, which sets the rules of development of the mentioned Regulation (EC) No. 1224 / 2009 of the Council of 20 November 2009.

This new system, which has as its ultimate goal avoid the infringement by nationals of the Member States of the rules of the common fisheries policy, the introduction of a novel in the fisheries field deterrent system, which consists of the creation of a system of points for serious offences on the basis of can end up suspending a fishing licence if a specified number of points is assigned to the holder of the licence has as consequence of the imposition of sanctions for infractions serious. By virtue of this new regulation, this regulation incorporates a mention in article 25.3 on incorporating in the proposal of resolution of the points that would apply in your case.

This reform substantial of the regime of offences and sanctions has reached aspects relevant of the procedure sanctioning in matter of fishing maritime in waters foreign, that should be properly incorporated to its development regulatory, and that affect particularly in the field of application, them deadlines of the procedure, the graduation of them sanctions cash, the regime of measures provisional and the destination of them goods and products retained seized and forfeited, the reduction of the pecuniary sanction after the voluntary payment and conditional suspension.

Also, them political deployed by the Ministry of agriculture, power and environment to adapt its action to the compliance of them regulations cited with previously require that, in it relative to the field sanctioning, is further it put underway of mechanisms of agility administrative that, from the maximum respect to them guarantees and rights of them managed, ensure a response quick and effective before those that violate them provisions of it political fishing common. For this reason, it is particularly necessary to promote the use of processing abbreviated to certain cases in which the phase of instruction is irrelevant because all the elements that make up the procedure are known at the time to agree on the start of the record, and subject to a number of requirements, clarifying the wording of the article in question.

Finally, six years of entry into force of the Royal Decree 747/2008, of 9 may have made clear the need to clarify and improve certain procedural issues whose application was not optimal due to the mentioned peculiarities of maritime fishing, they had in the first place and now underlie the need for this rule, or whose different interpretation has led to certain difficulties for its correct implementation. Between them, have particular incidence them relating to organs competent, responsibility, concretion of circumstances aggravating, enlargement and suspension of deadlines, content of the agreement of initiation, test, content of the proposal of resolution, procedure of audience, performances complementary, phase of resolution and the recognition of responsibility.

All of the above, need for this standard, properly developing the precepts of the law 3/2001, of March 26, in the wording given by recent modification, and strongly encourages the agility and clarity of an administrative action which is part of a European and international context that strongly bets for control policies as a fundamental guarantee to achieve the main objective of the fisheries administration Spanish that is, the sustainability of fishery resources.

Therefore, by this Royal Decree is approves a new regulation of procedure of the regime sanctioning in matter of fishing maritime in waters foreign, that comes to replace to the approved in 2008 but of which keeps its structure and elements essential. The reasons of legal certainty, which recommended the adoption of a new standard entirely does not mean the establishment of a system of new plant.

So, is maintains the option normative consistent in the regulation full of the procedure sanctioning in matter of fishing maritime, in aras to configure a frame unit due to them highlights factors that converge in the procedure.

First, the characteristics of the processing of the procedures and the functional allocation that occurs in this process, because it is a complex procedure, whereby your initiation for serious and very serious infringements agreement is adopted by the delegates of the Government in the autonomous communities and instruction is also carried out in this field. By contrast, resolution, except in the case of minor offences, under cover of the provisions of article 112 of law 3/2001 of 26 March, is adopted by the Director-General of fisheries resources and aquaculture, the Secretary General of fisheries or the Minister of agriculture, food and environment.

Therefore, in view of this feature and the problems that arise in practice result of geographic dispersion and diversity of instructors, has been chosen by trying to set up a unitary framework, that contributes to simplicity in the management of the sources of the procedure penalties in the field of fisheries, as well as the interpretative clarity , at the time that facilitates unit instructors organs criteria.

Secondly, as it was the case with the regulation that is now coming to replace, it noted the unsuitability of the general sanctioning procedure to the specificities of maritime fishing, are not suitable fit in it, among others, by the special and changing circumstances of the sector, the incidence and the need for adaptation to the common fisheries policy, the need for consideration of protection and improvement in the conservation of fishery resources , with special emphasis in the areas of protection fisheries and the complexity of the actors involved.

Thirdly, the existence of an autonomous regulation the need to attend to other standards to determine competence attribution, not always regulated specifically in the sectoral legislation, the handling of the different phases of the sanctioning procedure both own the same resolution is justified.


In fourth place, aspects related with the processing, as for example, the failure of the regulation of them measures provisional in the procedure sanctioning general, especially, taking into has of its relevance in matter of fishing maritime, require the maintenance of this regime singular; non-consideration as complementary action and therefore, no suspension of the term to resolve, on the basis of article 20.1 of the Royal Decree 1398 / 1993, of 4 August, which approves the regulation of the procedure for the exercise of the powers to impose penalties, of reports that immediately precede the final resolution of the procedure, which creates major problems in this area , in particular, to the need of collect reports that credited or value damage to areas of protection fishing. They also then justified its approval, and are kept now, ends such as the need for a more complete regulation of the procedures of extension of performances and rectification of the motion for a resolution by the body competent to solve; the maladjustment of the term maximum for the processing and resolution of the procedure simplified to the scope of the fishing maritime, as shows the made that practically is unpublished in this sector; or the inadequacy of the custody of the records system provided in section 3.4 of the Royal Decree 1398 / 1993, of 4 August, to the configuration from the organic view of the sanctioning procedure in the field of fisheries.

Finally, is keep them forecasts of the section eighth of the chapter third, relating to the development of the procedure planned in the real Decree 1134 / 2002, of 31 of October, relative to the application of sanctions in matter of fishing maritime to Spanish enrolled in ships with flag of convenience, and that reinforce them principles of the normative community of fight against the fishing illegal unreported and unregulated.

This Royal Decree is issued under the powers conferred on the Government by the second final provision of law 3/2001, 26 March, and in accordance with the provisions of article 149.1.19. ª of the Constitution, which attributes to the State exclusive competence in the field of maritime fishing in foreign waters. In its elaboration has been consulted to the autonomous communities, as well as to the sector concerned and other stakeholders.

In its virtue, to proposal of the Minister of agriculture, power and environment, with the approval prior of the Minister of Hacienda and administrations public, in accordance with the Council of State, and prior deliberation of the Council of Ministers in its meeting of the day 13 of March of 2015, HAVE: article only. Adoption of the rules of procedure of the disciplinary regime in respect of sea fishing in foreign waters.

Approves the rules of procedure of the disciplinary regime in respect of sea fishing in foreign waters, whose text is then inserted in development of the provisions of title V of law 3/2001, of 26 March, maritime fishing from the State.

First additional provision. Protection of personal data.

1. the treatment of them data relating to them procedures sanctioning to which is concerns the present regulation is submitted to it provisions in law organic 15 / 1999, of 13 of December, of protection of data of character personal and their standards of development.

2 such data may be transferred to the General Administration of the State bodies that had access to them in the scope of their powers. Also, may be releases to them organs of the Union European, in them terms provided in the standards community that are of application.

Provision additional second. Functions of control and inspection.

Them functions of control and inspection of the activity of fishing maritime will be exercised by the personal to is concerns the article 2 of the Real Decree 176 / 2003, of 14 of February, by which is regulates the exercise of them functions of control and inspection of them activities of fishing maritime.

First transitional provision. Procedures in processing.

Disciplinary procedures initiated prior to the entry into force of this Royal Decree is will continue to be processed until its final resolution in accordance with the rules applicable at the time of its initiation, unless those provisions whose implementation is more favourable to the subject, in which case it will apply retroactively.

Available to transient second. Entry into force of the third paragraph of article 21 of the present regulation.

That provision shall enter into force on 1 June 2015, date of entry into force of the modification of the fifth section of article 59 of the law 30/1992, of November 26, scheduled in the law 15/2014, 16 September, rationalization of the Public Sector and other administrative reform measures.

Until the date referred to in the preceding paragraph, in the case of edictal notification, ad will remain in the edict of the City Council Board for a period of seven days, must be recorded in the edict timely diligence of the date that starts and that one which is withdrawn to guard him on the record, as well as the reference to the date of publication in the relevant official journal warning time that proceed to carry out the actions referred to in the Act notified.

Sole repeal provision. Repeal legislation.

Is repealed the Real Decree 747 / 2008, of 9 of mayo, by which is sets the regulation of the regime sanctioning in matter of fishing maritime in waters outside.

Available end first. Modification of the Real Decree 1134 / 2002, of 31 of October, on implementation of sanctions on maritime fisheries Spanish enrolled in flag of convenience vessels.

Amending paragraph 3 of article 2 of the Royal Decree 1134 / 2002, of 31 of October on application of sanctions in respect of sea fishing Spanish enrolled in vessels with a flag of convenience, with the following wording: «3. failure to comply with the provisions of the present Royal Decree shall be governed by the provisions of the Royal Decree 182/2015» «, of 13 March, which approves the rules of procedure of the disciplinary regime in respect of sea fishing in foreign waters.»

Second final provision. Title competence.

This Royal Decree is issued under cover of the provisions of article 149.1.19. ª of the Constitution that the State given the competition in the field of maritime fishing in foreign waters.

Third final provision. Supplementary application.

It will be of supplementary application as not provided for in this regulation the Royal Decree 1398 / 1993, of 4 August, which approves the rules of procedure of the exercise of the powers to impose penalties.

Available to finish fourth. No increase in spending.

The measures included in this standard will be served with them endowments budget ordinary of them departments Ministerial corresponding and not may generate increased of endowments or of remuneration or of others expenses of personal.

Fifth final provision. Entry in force.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette".

Given in Madrid, on March 13, 2015.

PHILIP R.

The Minister of agriculture, food and environment, ISABEL GARCÍA TEJERINA REGULATION OF PROCEDURE OF THE REGIME SANCTIONING IN MATTER OF FISHING MARITIME IN WATERS FOREIGN chapter I. provisions General.

Article 1. Object.

Article 2. Scope of application.

Article 3. Competent bodies.

Article 4. Transparency of the procedure.

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

Article 6. Liability.

Article 7. Joint and several liability.

Article 8. Concurrence of proceedings and sanctions.

Article 9. Communication of the evidence of infringement.

Article 10. Prescription and the actions file.

Article 11. Linkages with the order jurisdictional criminal.

Chapter II. Offences and penalties in terms of fishing maritime.

Article 12. Violations administrative.

Article 13. Graduation of the penalties cash.

Chapter III. Sanctioning procedure.

Section 1 General rules.

Article 14. Processing time.

Article 15. Extension and suspension of the period.

Article 16. Previous actions.

Article 17. Provisional measures.

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

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

Section 2 initiation of the procedure.

Article 20. Form of initiation.

Article 21. Content of the agreement of initiation.

Article 22. Collaboration and responsibility in the process.

Section 3 instruction.

Article 23. Actions and allegations.

Article 24. Test.

Article 25. Motion for a resolution.

Article 26. Audience.

4th resolution and completion of the procedure section.

Article 27. Complementary actions.

Article 28. Resolution.

Article 29. Recognition of liability.

5th short processing section.

Article 30. Abridged procedure.

6th simplified procedure section.

Article 31. Simplified procedure.

Article 32. Processing.

Section 7 conditional Suspension.

Article 33. Conditional suspension procedure.

Section 8th proceedings associated with flag of convenience vessels.

Article 34. Object.


Article 35. Procedure.

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

REGULATION OF PROCEDURE REGIME SANCTIONING IN MATTER OF FISHERIES MARITIME IN WATERS OUTSIDE CHAPTER I provisions general article 1. Object.

The authority sanctioning in matter of fishing maritime regulated in the title V of the law 3 / 2001, of 26 of March, of fishing maritime of the State, is shall exercise through the procedure planned in this regulation, in accordance with them principles established in the title IX of the law 30 / 1992, of 26 of November, of regime legal of them administrations public and of the procedure administrative common.

Article 2. Scope of application.

Shall apply this regulation to behaviour or acts which, based on national, international or Community law, are constitutive of infringements of fisheries under the terms established in article 12 and to be committed: to) within the Spanish territory or in foreign waters under Spanish jurisdiction or sovereignty.

b) out of the territory or the maritime waters under the sovereignty or jurisdiction Spanish by natural persons or legal entities, on Board of national flag vessels or using them.

c) outside the territory or the maritime waters under the sovereignty or jurisdiction of Spain by natural or legal persons of Spanish nationality, on Board of stateless vessels or without nationality; or of ships of Pavilion overseas or serving is of them themselves, in this last so-called whenever the State of flag not has exerted its competition sanctioning according to the normative in force.

(d) in addition to the provisions of the preceding paragraphs, it will be also applicable to facts or behaviour detected in territory or maritime waters under the sovereignty or jurisdiction Spanish and considered as illegal, unreported and unregulated even if they have been committed outside the scope, regardless of the nationality of their authors and the flag of vessel according to the terms and conditions established in the community or international legislation.

Article 3. Competent bodies.

(1. it competition for the agreement of home e instruction of records sanctioning by infractions serious or very serious in matter of fishing maritime will correspond to them delegates of the Government in them communities autonomous, in accordance with the following criterion: to) if the Commission of the infringement is linked to a ship of Pavilion Spanish, will be competent the delegate of the Government of it community autonomous where the ship have its port base in the time of start is the record.

(b) in the case of infringements of fisheries recreational or if the Commission of the offence is not linked to any vessel shall have jurisdiction of the Government delegate where the detection of events has taken place.

(c) if the breach is linked to a ship of Pavilion not national, will be competent the delegate of the Government of the port of arrival of said ship. In the event that the vessel concerned does not arrive to Spanish port, the Government delegate in the autonomous region where the natural or legal person is domiciled or habitually resident shall be competent.

2. However it willing in the paragraph above, when circumstances of nature technical, economic, social, legal or territorial it make suitable, the Secretary General of fishing may agree the home and designate instructor of records sanction.

In any case, this derogation should be motivated agreement, which will be transfer of the corresponding Government delegate and which shall be notified to the interested parties in the procedure. This agreement not be against, but you can challenge in the appeal that, in his case, it stands against the decision of the procedure.

(3. the competition for the imposition of them sanctions corresponding to them violations in matter of fishing maritime shall be: to) to them delegates of the Government in the so-called of infractions mild.

(b) to the Director-General for fisheries resources and aquaculture in the event of serious violations.

(c) to the Secretary General of fisheries in the case of very serious offences if the amount of the pecuniary sanction does not exceed 300,000 euros.

(d) to the Minister of agriculture, power and environment, when the violation is qualified as very serious if the amount of the sanction pecuniary exceeds of 300,000 euros.

Article 4. Transparency of the procedure.

1. the procedure sanctioning in matter of fishing maritime will develop in accordance with the principle of transparency of the procedure. For this purpose, stakeholders have the right to know his State of processing and to access and obtain copies of the documents contained in the same.

2 in addition, and prior to the hearing process, interested parties may make declarations alegaciones and provide the documents choosing.

3. access to documents which in the already concluded disciplinary proceedings will be governed by the provisions of article 37 of the law 30/1992, of 26 November.

4. with the aim of ensuring transparency in the procedure, the defence of the suspect and the interests of other possible affected, as well as the effectiveness of the Administration itself, each sanctioning procedure to be treated will be formalized systematically incorporating successive and orderly documents, testimonials, performances, administrative acts, notifications and other proceedings that appear or are practicing. The procedure thus formalized is keeping under the responsibility of the competent authority in each phase of the same. A time determined the procedure and agreed the file final of the performances, the organ competent for the initiation of the procedure will be responsible of the custody of the record administrative.

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

1. only is may sanction violations in matter of fishing maritime with regard to made and behaviors constituent of infringement was in the chapter II of the title V of the law 3 / 2001, of 26 of March.

Punitive provisions in the field of fisheries shall not apply retroactively, except when conducive to the alleged infringer.

2. the compliance or implementation of the measures of provisional or provisions precautionary, where appropriate, adopted be compensated, whenever possible, with the sanction imposed.

3 will be punishable, as continued infringement, the realization of a plurality of actions or omissions which infringe a same rule administrative, or different, when they have identical nature or protect a same legal asset, constitute the same type of offence, and provided that if any of the following requirements: to) that there is temporal proximity. Means that there is a temporal proximity when the acts or omissions have taken place in a same tide or in periods of less than one month.

(b) that there is a unity of purpose, understood as the execution of a previously designed plan or the use of identical circumstances.

(c) that obeys to a practice homogeneous by the use of measures, instruments or techniques of performance similar.

Article 6. Liability.

1. the responsibility for the actions and omissions classified in chapter II of title V of the Act 3/2001, of 26 March, is administrative in nature and does not exclude another order to any place.

2. sanctions imposed to different persons, natural or legal, as result of a same violation will have each other independently, except in the case of joint and several liability regulated in article 91.2 of the law 3/2001, 26 March.

3. the liability attributed to masters or masters of vessels not excluded the possibility of initiating proceedings against the natural or legal persons owning or shipowner of vessels on Board of which committed the offences attributed to them.

4. administrative responsibilities arising from the disciplinary procedure shall be compatible with the requirement to the offender of the replacement of the situation altered to its original state, as well as, where appropriate, with the compensation of damages caused, in the terms provided in the article 130.2 of the law 30/1992, of November 26, in the time that is set in the corresponding resolution in each case.

Article 7. Joint and several liability.

1. all the subjects involved in the Commission of an offence referred to in article 91.2 of the law 3/2001, of March 26, will respond jointly and severally liable when the breach is attributable to several of them and is not possible to determine the degree of involvement of each one.

2. will be responsible for caring for breach of obligations imposed by law involving the duty to prevent the administrative offences committed by others, the natural and legal persons which such duty justifiably.

Article 8. Concurrence of proceedings and sanctions.

1. the competent body agreed suspension procedure penalties, or already completed, implementation, from the moment that you have some knowledge of course another sanctioning procedure by the same facts, subjects and foundations by European Community bodies or other international organizations of which Spain is a party. The suspension will rise from the moment becoming aware of have been dictated by those firm resolution.


2. If sanction had been imposed by the bodies referred to in the preceding paragraph, based on identical facts and legal grounds, the body competent to solve must take it into account for purposes of graduation which, if any, should impose, and must repay it, without prejudice to declare the Commission of the offence.

3. in them so-called expected in them paragraphs earlier, the suspension will reach also to the term of prescription of the violation or sanction administrative.

Article 9. Communication of the evidence of infringement.

When, in any phase of the procedure sanctioning, them organs competent consider that there are signs rational of the existence of another infringement administrative for whose knowledge not have competition, it shall communicate to the body that is competent, in accordance with it willing in the article 4 of the law 30 / 1992, of 26 of November.

Article 10. Prescription and the actions file.

1. when of them performances prior is concluded that has prescribed the infringement, the organ competent to start the procedure agreed of trade the not provenance of start the same.

2. once the procedure has begun, should it conclude at any time which has prescribed the infringement the body competent to resolve, on a proposal from the instructor, agreed conclusion of the procedure, with the actions file. This resolution is notified to the interested.

3 after two months from the date on which proceedings were initiated without having practiced this notification to the accused, the body competent to start will be the file of the proceedings. If the infringement not had prescribed, the organ competent can remember again the home of the same. In the latter case, both agreements, file and new home of record, must notify the accused, without prejudice to the responsibilities which it would have incurred.

4. also, when has elapsed the term for the prescription of the sanctions of character not pecuniary, the organ competent to resolve it will notify to the accused. In the case of prescription of the pecuniary penalties, one to act as stipulated in the Law 47/2003, of 26 November, General budget, and the fundraising standards.

Article 11. Links with the criminal court order.

1. in any moment of the procedure sanctioning in that them organs competent deem that them made also could be constituent of illicit criminal, it shall communicate to the Ministry Fiscal, requesting him testimony on them performances practiced with regard to the communication.

2. in the cases referred to in the previous paragraph, as well as when the competent bodies aware of the existence of a criminal prosecution on the same facts, you will be asked of the communication on the actions practiced judicial organ.

Received it communication, and if is estimated that exists identity of subject, made and Foundation between the infringement administrative and it infringement criminal that could correspond, the organ competent for the initiation or, in its case, resolution of the procedure, depending on the phase in that is find the same, agreed his suspension until justifiably resolution firm or that put end to the procedure , have place the dismissal or the file of the performances or is produce the return of the record by the Ministry tax.

3. of not have is appreciated the existence of infringement criminal, the organ competent rise it suspension and agreed the continuation of the processing of the record administrative from the time in that have knowledge of it resolution firm of the authority judicial, or that put end to the procedure.

4. in any case, the facts stated tested by strong criminal court ruling linked to administrative bodies with respect to the disciplinary procedures that support.

CHAPTER II infringements and penalties in the field of maritime fishing in foreign waters article 12. Violations administrative.

Constitutes administrative violation of marine fisheries, any action or omission criminal as such in chapter II of title V of law 3/2001, of March 26.

Article 13. Graduation of pecuniary sanctions.

1 inside of each one of the sections established by article 106 of the law 3/2001, 26 March, pecuniary penalties which may be applicable for offences qualified as mild, serious or very serious, be imposed accordingly in degrees minimum, medium or maximum, subject to stated therein and in accordance with the following criteria (: a) economic benefit that get or wait to get the alleged infringer as a result of the infringement.

(b) size and power of the vessel.

(c) nature of the damages, especially to seabed, ecosystems and living organisms, economic resources and assets of public or third parties, or condition to environmental or fisheries protection zones.

(d) possibility of restitution of damage caused as a result of the Commission of the offence.

2 are considered to be aggravating circumstances, the following: a) degree of intention of the offender.

(b) repetition, in the case that has been sanctioned for a violation relating to fisheries of the same type and rating. It may be applied provided that the sanction resolution of the antecedent has acquired firmness in administrative proceedings within the period of one year prior to the date of the facts.

(c) repetition of offences, in the case that has been sanctioned for an offence in respect of sea fishing. It may be applied provided that the sanction resolution of the antecedent has acquired firmness in administrative proceedings within the period of three years prior to the date of the facts.

(d) persistence in the tortious conduct. Applies, in any case, in the event of infringement continued according to 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 offence, as defined in chapter III of title I of law 3/2001, of March 26.

(f) implementation endangered public health or lives with the Commission of the offence.

(g) the situation of over-exploitation of fishery resources affected. May be applied when this situation is collected in the relevant national, community or international regulations h) illegal fishing activities in closed areas or in an area of funds prohibited or free.

(i) the Commission of two or more facts under the same legal precept, when they do not constitute distinct offences.

3. the criteria for graduation or aggravating circumstances listed in the previous paragraphs should not be used to aggravate or attenuate the offence when they are contained in the description of the offending conduct or form part of the own unlawful administrative.

4 in accordance with the criteria exposed in the previous paragraphs and in accordance with the limits laid down in article 106 of the law 3/2001, 26 March, fines for infractions minor, serious or very serious sanctions be imposed in degrees minimum, medium or maximum within the following sections: a) pecuniary penalty for slight offence : Minimum 1: 60 to 200 euros.

2nd grade medium: from 201 to 400 euros.

3rd grade maximum: from 401 to 600 euros.

(b) sanction pécuniaire by violation serious: 1 grade minimum: of 601 to 15,000 euros.

2nd level: 15.001 to 40,000 euros.

3rd degree Max: 40.001 to 60.000 euros.

(c) pecuniary penalties for very serious infringement: 1 minimum: 60.001 to 120,000 euros.

2nd grade medium: from 120.001 to 240,000 euros.

3rd grade maximum: of 240.001 to 600,000 euros.

CHAPTER III procedure penalties section 1st standards general article 14. Time of processing.

1. the deadline for processing, to resolve and to notify the sanction resolution will be six months for minor offences and nine months for serious and very serious offences. This period shall be calculated from the adoption of the agreement for the initiation of the procedure.

2 after this period the competent body to resolve will declare the forfeiture of the proceedings, without prejudice to also request to the competent authority the start of a new procedure, as long as you have not prescribed the infringement.

Article 15. Extension and suspension of the period.

1 you can remember to the extension of the period of processing the sanctioning procedure when, due to justified and properly motivated, is deemed necessary to ensure the correctness and legality of the resolution, when missing evidence sufficient, or when interested parties have their domicile outside Spanish territory.

2. Likewise, the maximum term of the preceding article may be subject to suspension, in accordance with articles 27 and 35 of this regulation, or for reasons attributable to the interested parties, and for the others provided for in laws.

3. the enlargement or suspension will be agreed by the organ competent to resolve the procedure, well trade or to proposed reasoned of the organ instructor and notified to the interested, except in it arranged in the paragraph 5.

4. it willing in this article is understood without prejudice of it willing in them articles 42 and 49 of the law 30 / 1992, of 26 of November.


5. whenever the suspects reside abroad, or when residing in Spain, it is necessary to complete a transaction abroad, it will be effective, since the agreement of initiation, the possibility of extension of time limits referred to in article 49.2, law 30/1992, of 26 November.

Article 16. Previous actions.

1. with prior to the agreement of the initiation of the procedure, the competent body for the initiation or resolution of the may agree conducting necessary prior actions, to be carried out under cover and under the conditions laid down in article 95 of law 3/2001, 26 March, to determine if concur the circumstances that justify such initiation.

2. especially, these performances is will guide to determine, with the greater precision possible, them made susceptible of motivate the initiation of the procedure, the identification of the person or people that could result responsible and them circumstances relevant that converge in ones and others.

3. if identified the suspects had the same address in a foreign country be required them to that point one based in Spain for the purposes of notification.

4. prior actions will be carried out by the official or administrative body to be determined by the competent authority for the initiation or resolution of the procedure and, where appropriate, by the bodies which have assigned the functions of control and inspection of maritime fishing in the sphere of competence of the General Administration of the State in the terms laid down in the Royal Decree 176/2003 , of 14 of February, that regulates the exercise of the functions of control and inspection of them activities of fishing maritime, and the article 95 of the law 3 / 2001, of 26 of March.

Article 17. Provisional measures.

(1. before the initiation of the procedure sanctioning the delegate of the Government in the community autonomous competent, or any of them authorities to is refers the article 97.1 of the law 3 / 2001, of 26 of March, may adopt them measures provisional that deems necessary for: to) ensure the efficiency of it resolution that could relapse.

(b) ensure the good end of the procedure.

(c) prevent the maintenance of the effects of the infringement.

(d) ensure general interests.

2 shall be regarded as interim measures, among others: to) retention of the boat or the confiscation of crafts, gear and fishing supplies.

(b) the boarding of the ship.

(c) the return to port of the vessel.

(d) the temporary suspension of activities.

(e) the suspension of the authorisation of fishing.

(f) the confiscation of fishing catches or fishing or of the products or goods obtained, products included the economic amount from the sale of the goods or products confiscated for this purpose.

(g) the provision of warranty. In the course of warranty requirement, this may not exceed the amount of the pecuniary sanction is maximum relinquished by the violation or violations allegedly committed.

((((Them measures of them paragraphs to), b), e) and f) will proceed so only for those alleged of violations serious or very serious.

3. provisional measures shall be confirmed, modified, or raised on the agreement of the initiation of the procedure, within a period of fifteen days from its adoption. Them measures taken will be without effect if not is starts the procedure in said term or when the agreement of initiation not contains a pronouncement express about them same, except in the so-called planned in the section 8th of the present regulation, when is required a prior notification to the State of flag before proceed to the home of the procedure sanctioning, in whose case may confirm is them cited measures being suspended the initiation of the procedure until the filling of said pending.

4. when for reasons of urgency or necessity, in accordance with the provisions of article 97.3 of law 3/2001 of 26 March, the provisional measures will they adopt verbally these must be reflected in agreement written and motivated by the competent authority for adoption as soon as possible and in any case, in a period not exceeding five days , giving transfer of the same to the interested.

5. where the provisional measures are taken by the inspector of fisheries in the Act, should also be confirmation, modification or lifting at the commencement of the procedure agreement, in the cited period of fifteen days, under penalty that accrued ineffective.

6. started the procedure sanctioning, the adoption of measures provisional will correspond to the organ competent for its resolution, without prejudice of that by reasons of urgency that cannot be postponed, the organ competent to start the procedure or the organ instructor can adopt which are necessary.

7 the adoption of these measures will be made by agreement motivated, highlighting in each case your need based on the objectives which they intend to ensure, as well as its intensity and proportionality regarding, inter alia, with the following circumstances: to) nature of possible damage caused.

(b) the need to ensure the effectiveness of the sanction resolution.

(c) need to avoid the continuation of the effects of the alleged acts.

(d) any other circumstances of specific gravity that will justify the adoption of such measures.

8. provisional measures may be raised or modified during the procedure, of its own motion or at the request of a party, under circumstances which have arisen or which could not be taken into account at the time of its adoption.

9. the measures provisional adopted is extinct to the dictate is the resolution administrative that put end to the procedure penalties. However, the resolution shall be adopted, where appropriate, provisions precautionary precise to ensure the effectiveness of the same as non-executive.

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

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

1 the destination of fishing catches or fishery products confiscated shall be as follows: a) in the case of confiscated fish catch that have chances of survival, fisheries inspector urged returning to the marine environment in the terms laid down in the Royal Decree 176/2003, of 14 February.

(b) in otherwise, in the case of confiscated fish catch suitable for consumption, the inspector, on the assumption that not starts the sanctioning procedure either, the body competent for the initiation or if resolution of the procedure, depending on the procedural stage in which the record is available to give any of the following destinations : 1 be distributed to charities and other public and private non-profit institutions. This option shall be preferred.

2. sold in auction or authorized location, being the amount of the sale in deposit at the disposal of the competent authority to initiate disciplinary proceedings.

3rd alternative, and when it is not possible to sale at auction, the start of the procedure will remember public auction, in accordance with the provisions of the following article.

4th as a last option, and only in cases where none of the above options is possible, will be categorized as animal by-products not intended for human consumption, and will be treated according to the rules that will be applied, unless in any case appropriate destruction.

(c) in the case of confiscated fish catch unfit for consumption, it will be their classification and treatment as animal by-products not intended for human consumption, according to the regulations which will be applied, unless in any case appropriate destruction.

2 crafts, jiggers or free fishing equipment seized will be destroyed. Regulatory confiscated will be returned to the person concerned prior Constitution of bond or other financial security under the terms laid down in article 98 of the law 3/2001, 26 March.

3. If in the resolution of the procedure sanctioning not is appreciated the Commission of the infringement, is remember the return of them products or goods seized. If the interested not is do charge of them same in the term of a year since has been required for this, these will be to provision of the Ministry of agriculture, power and environment, proceeding, in his case, to order its sale in auction public, its delivery to entities charitable and others institutions public or private without mood of profit or to its destruction.

4. If in the resolution of the procedure sanctioning is appreciated the Commission of infringement, the products or goods seized or confiscated that not are susceptible of a use lawful will be destroyed. If its use is lawful and whenever the sanction resolution not set such seizure or forfeiture as punishment or as disposal precautionary measures to ensure the execution of the penalty, the return shall be given them. If the person concerned does not take is responsibility for these in within a year since he has been required to do so, they will be at the disposal of the Ministry of agriculture, food and environment who must decide their destiny, in accordance with the provisions of the preceding paragraph.


5. with regard to the retained ships, they will be released without delay, upon creation of legally provided financial security whose amount shall be fixed by the competent authority, in the terms provided for in article 98.1 of the Act 3/2001 of 26 March.

Not provide warranty in the period of one month from its attachment, without prejudice to extensions which, in his case, it had granted, the vessel will be at the disposal of the Ministry of agriculture, food and environment, which shall decide on its location and destination, while not issued the resolution putting an end to the procedure.

The costs of these measures, in relation to retained ships which do not constitute financial guarantee legally provided for, shall be borne by the alleged infringer.

6 shall be recorded in the record of all the previous actions.

Article 19. Development of the public auction of goods and products detained, seized and forfeited.

1. as standard general, the auction is held in lonja, or, in its case, in the corresponding point authorized for the first sale, when is concerned of products fresh, or in the establishment authorized by the community autonomous.

2. the material execution of the auction will be responsible to the successful tenderer of the fish market or authorized establishment, prior assessment of goods or products at market prices and in accordance with the usual criteria of assessment.

(3. the auction is held with clamping to them following specialties: to) not will be necessary the Constitution of deposit prior to attend to the tender.

(b) the development of the tender will be held in accordance with practices typical of such acts.

(c) in the Act of bidding will be present an official appointed by the delegation of the Government.

(d) close the auction, the official appointed by the Government delegation will extend diligence which are made to contain the essential elements of the same.

4. in those alleged in that not is possible or not appropriate promote the concurrency, by reasons duly justified in the record, will proceed it award direct of them goods or products seized in the best conditions economic. For this purpose, the body responsible for the initiation of the procedure shall be in accordance with the following rules: to) direct allocation procedure will be announced on the Bulletin Board of the Government delegation in the competent autonomous community, as well as through its electronic office and, where appropriate, the Government sub-delegation.

(b) when the value of the goods exceeds the amount of € 30,000, the procurement procedure will be announced in the Official Gazette of the province which have been detained, seized or forfeited goods or products. The competent body for the award may also remember the publication on the boards ad councils in those places where they are located goods, in widespread media, publications in specialized or in any other means suitable to the effect.

(c) the organ competent for the award has of proceed to determine the value, with character prior, of the goods or products with reference to prices of market, trying to of get, at least, three offers.

(d) the award will be made by certificate issued by the inspector of fisheries or official designated by the body agreed such an award, in favour of who submitted the most advantageous economic offer. The goods will be delivered to the successful bidder once you have cash amount.

5. the amount of the sale made through auction or direct award, will be on deposit in the General deposit box available to the competent authority to resolve the procedure, and must observe the conditions laid down by the regulations of the General box of deposits and other regulations development, approved by Royal Decree 161/1997 of 7 February. All this, to expense of what is determined in the resolution of the record sanctioning, or of the enforceability effective of the resolution, if this already had been dictated.

Section 2 initiation of the procedure article 20. Form of initiation.

1. the procedure sanctioning is start always of trade by agreement of the organ competent in the terms provided in the article 3 of the present regulation.

(This initiation will be carried out: to) by own initiative.

(b) as a consequence of order superior.

(c) to instance of the Director General of resources fishery and aquaculture or other bodies or authorities in matter of fishing maritime.

(d) as a result of complaint about some fact or conduct which would be constitutive of offense.

(e) as a consequence of the Act raised by fisheries inspectors or other officials or agents of the authority.

2. the formulation of a request not linked to the competent organ to start the sanctions procedure, although it must communicate reasoned to the authority which it had formulated the reasons why, in his case, not applicable the initiation of the procedure.

3. in cases of complaint, it must express the identity of the person or persons presenting it, the account of the facts that could constitute infringement and the date of their Commission and, when possible, the identification of the alleged perpetrators.

When a complaint has been filed is obliged to inform the complainant initiation or not of the procedure.

4. in the so-called of records raised by them inspectors of fishing maritime, or, in its case, by others agents of the authority, that not den place to the initiation of a procedure, the organ competent for its initiation there will be of communicate, through agreement motivated, to the Director General of management fishing, them reasons by which, in his case, not comes it initiation of the procedure. Of this agreement not is necessary the notification to the individual.

Article 21. Content of the agreement of initiation.

(1. the agreement of initiation of the procedure sanctioning is formalised, as minimum, with the following specifications: to) identification of the person or people allegedly responsible.

(b) exposure succinct of them made that motivate the initiation of the procedure, its possible qualification and them sanctions that could correspond, without prejudice of what is of the instruction.

(c) appointment of the instructor and, in its case, of the Secretary, with express indication of the regime's challenge of them themselves.

(d) organ competent for the resolution of the procedure and standard that you attributed the competition.

(e) provisional measures to be taken in his case, without prejudice that can be taken during the proceedings. In the case of the provisional measures taken prior to the initiation of the procedure, there will be an express pronouncement about the fate of the same, maintenance, modification or lifting.

(f) maximum period to enact and notify the resolution.

(g) indication of the right to make declarations alegaciones and the audience in the procedure and deadlines for their exercise.

2. the agreement of initiation will contact the instructor, transfer of actions exist on the subject, and shall notify the complainant, if any, and stakeholders, meaning in any case to the person or persons allegedly responsible.

In accordance with article 96 of law 3/2001, of 26 March, captains and patterns, or interested persons directing fishing activities, shall be notified practiced once notification to the holder of the fishing license you give your service.

3. in those alleged of notification edictal, this there will be of practice is by means of an ad published in the «newsletter official of the State» according to it willing in the article 59.5 of the law 30 / 1992, of 26 of November.

Article 22. Collaboration and responsibility in the process.

1. in them terms provided by the article 4 of the law 30 / 1992, of 26 of November, them bodies and dependencies administrative belonging to any of them administrations public will facilitate to the organ instructor them background e reports needed, as well as them media personal and materials necessary for the development of their performances.

2. the people designated as organ instructor or, in your case, them holders of them units administrative that have attributed such function will be responsible for direct of the processing of the procedure and, especially, of the compliance of them deadlines established.

Section 3rd instruction article 23. Actions and allegations.

1. once notified the agreement of initiation, concerned, without prejudice to the provisions of article 4, will have a period of fifteen days to provide many allegations, documents or information they deem suitable, and, where appropriate, propose test specifying media that intend to use.

2 issued the notification, the instructor of the procedure will be ex officio actions necessary for the accreditation of the facts, collecting the data and information that are relevant to, where appropriate, the determination of responsibility susceptible to sanction.

3. If the initial determination of facts, its possible qualification, taxable sanctions or susceptible to sanction responsibilities is amended as a consequence of the statement of the procedure, be its notification to the suspect in the motion for a resolution.

Article 24. Test.


1. received them allegations or elapsed the term intended in the article 23, the organ instructor may agree the opening of a period of test, by a term not superior to thirty days or lower to ten. Practice tests, understanding as such those various documents that stakeholders may contribute at any point in the procedure, will take place in accordance with provisions of article 81 of the law 30/1992, of 26 November.

2. the instructor will order the practice of how much evidence it deems necessary, in order to prove the effective realization of the infringing conduct and determination of the identity of the alleged offenders.

3. the instructor so only may reject the tests proposed by them accused when are manifestly unfair or unnecessary, by agreement motivated, duly notified to those, in accordance with it willing in the article 137.4 of the law 30 / 1992, of 26 of November. Motivated the refusal of practice the test agreement can incorporate to the motion for a resolution.

4 when the test consist in issuing a report of an administrative organ or public entity, and is admitted to processing, means having the suspensive effects provided for in article 42.5. d) law 30/1992, of 26 November: to) when the report will be at the request of the person concerned.

(b) when the report is requested by the organ instructor by be mandatory the same, for the purposes of validity of the test, by requiring it so the right international or community.

5. the facts noted by officials that recognizing the status of authority and performing functions of inspection, which is formalized in a public document noting the relevant legal requirements, they will enjoy presumption of veracity, notwithstanding evidence that in defense of the respective rights or interests may designate or provide the persons concerned.

6. when the valuation of them tests practiced can constitute the Foundation basic of the decision that is adopt in the procedure, by be part essential for the evaluation of them made, must include is in the proposed of resolution.

Article 25. Motion for a resolution.

1. completed, in its case, the test, the organ instructor of the procedure formulate proposal of resolution. On the same facts, specifying which are considered to be tested shall be fixed in reasoned form and their exact legal classification, is determined the offence constituting, in his case, and the person or people that are responsible, as well as the sanction proposed that they impose, either propose the Declaration of non-existence of infringement or liability.

2. in the so-called of that is had adopted measures provisional, is will be recorded in the proposal of resolution.

3. in accordance with the regulations in force, the motion for a resolution must report expressly the possibility of that infringements can be associated with the allocation of points corresponding with the imposition of the sanction.

Article 26. Audience.

1 motion for a resolution shall be notified to those concerned, accompanied by a relation of the file documents on the record so that they can request copies of those choosing.

2. the term of audience will be of 15 days, during which those interested can formulate allegations and present them documents e information that deem relevant to the instructor of the procedure.

3 completed the term of audience, the instructor shall send immediately to the competent organ to resolve the procedure, the motion for a resolution, along with all documents, allegations and information that in the same.

4th resolution and completion of the article 27 procedure section. Actions complementary.

1. the body competent to resolve may decide, by motivated agreement, carrying out complementary activities essential for the correct determination of the facts or the proper resolution of the procedure. He agreement of realization of performances complementary is will notify to them interested, leaving suspended the term for resolve the procedure until the completion of them performances complementary, that must practice is in a term not superior to fifteen days and whose result is will notify to them interested.

2 shall be regarded as complementary actions those reports or expansions of the existing ones that are decisive for issuing the decision, understanding as such which motivated the competent authority agreement to resolve are credited as essential for the correct determination of the facts or the proper resolution of the procedure.

Article 28. Resolution.

1. the competent authority in accordance with article 112 of law 3/2001, of March 26, dictate a resolution which will be motivated and decide all the issues raised by stakeholders and those other derived from the procedure.

The resolution will be adopted respecting the deadline in article 14, once received the motion for a resolution and documents, allegations and file information in the record, without prejudice to possible extensions or term suspensions provided for in this regulation and other provisions that may apply.

2. the resolution shall be notified to those interested. If the procedure has started as a result of higher or reasoned request, the resolution will be communicated to the author of the administrative organ.

3. in resolution facts other than those determined in the phase of instruction of the procedure or, where applicable, those that result from complementary actions regardless of their different legal assessment will not be accepted.

4. without prejudice to the provisions of the preceding paragraph, the body competent to solve is not bound by the sanction contained in the motion for a resolution of the instructor, however, if it considers that the infringement is of greater severity in accordance with the rating of the 100 articles and law 3/2001, 26 March, 101 will be notified to the accused provide how many arguments it deems appropriate granting it to do so within fifteen days.

5. the resolution of the sanctioning procedure will include assessment of tests taken and especially those constituting the basic fundamentals of the decision, shall determine the facts and, where appropriate, the person responsible persons, the violation or violations committed and the sanction or sanctions imposed either, or statement of non-existence of infringement or liability.

When circumstances legally provided for, and in accordance with the provisions of articles 108 and 109 of the Act 3/2001, 26 March, the resolution shall state the requirements and effects of the possible reduction of 30 per cent of the pecuniary sanction.

6. the resolution not puts end to it via administrative, by what may be appealed in Freehand before the organ upper hierarchical of which it issued, what must indicate is expressly in the resolution, as well as the term legally established for this, in them terms expected in the law 30 / 1992, of 26 of November. This without prejudice of it willing in them articles 108 and 109 of the law 3 / 2001, of 26 of March, on the effects of the reduction of the sanction pecuniary.

7. in the resolution may adopt is them provisions precautionary precise to guarantee its efficiency as not is Executive. Such measures may consist in the maintenance of the interim measures that, if taken previously, in accordance with article 17.

8. the resolution shall be Executive when it is robust in administrative proceedings, without prejudice to the provisions of article 110 of the law 3/2001, 26 March, in relation to the conditional suspension.

Article 29. Recognition of liability.

1. in the case of the person concerned to express its agreement with the proposal to sanction, anytime prior to the resolution of the procedure, the authority instructor request compliance of the competent body to resolve about the completion of the procedure in a period not exceeding five days from receipt of the agreement of the person concerned.

The competent body shall inform the instructor such conformity within two months from the date of receipt by him of the agreement of the person concerned. In this course, the instructor will diligence, which shall be notified to the interested parties, declaring the completion of the procedure and according its execution and final actions file. When is den them circumstances legally planned, and of conformity with them provisions of them articles 108 and 109 of the law 3 / 2001, of 26 of March, the diligence should express them requirements and effects of the possible reduction of the 50 percent of the sanction pecuniary.

He expiration of the term designated without is has pronounced expressly the organ competent for resolve will determine the conformity with the proposal of resolution.


2. in the case of the body competent to resolve the procedure to rectify the sanction proposal will be notified the instructor within the period of two months, cited above, must this transfer to the person concerned. Your right to make allegations that it deems appropriate in the period of 15 days counted from the next notification must indicate to the person concerned in that letter of rectification. The conformity of the interested to the rectification made will determine the completion of the procedure, prior diligence of the instructor declaring the completion of the same and according its execution and the file final of them performances, with agreement of the organ competent for resolve.

3 if there after the period of allegations unless they have occurred, or if the applicant expressed its disagreement, the body competent to resolve the procedure, shall expressly notify resolution.

Section 5th processing short article 30. Abridged procedure.

1. when to the time of start is the procedure sanctioning the organ competent provided of all them elements that allow formulating the proposal of resolution, this is will incorporate to the agreement of initiation.

2. such agreement will contact the instructor, transfer of actions exist in this regard and will be notified to the interested parties, meaning to the person or persons allegedly responsible for the infringement.

3. in the notification is warn expressly to those interested that have of a term of audience of fifteen days, according to it willing in the article 26.2 of this regulation.

Where interested parties propose expressly in its claims practice test, the instructor can order or reject practice test as provided for in article 24, by motivated agreement duly notified to those, and will proceed to formulate new motion for a resolution, reiterating it or not, in the initially notified pursuant to paragraph first, must verify in any case compliance with the provisions of article 25 and 26.

4 abridged procedure provided for in this rule may be applied to minor infringements or to the grave in which the pecuniary sanction graduating in its minimum degree.

Section 6th simplified procedure article 31. Procedure simplified.

The body responsible for the initiation of the procedure consider that sufficient evidence there is to qualify the offence as mild, the simplified procedure will be processed.

Article 32. Processing.

1. initiation occurs by agreement of the competent authority, in accordance with the provisions of article 3, by specifying in the agreement of initiation the simplified nature of the procedure.

2. in the term of a month starting from the communication and notification of the agreement of initiation, the organ instructor and them interested shall be, respectively, them performances preliminary, the contribution of few allegations, documents e information deem suitable and, in his case, the proposition and practice of the test.

3. within that period, the body responsible for the instruction make motion for a resolution in accordance with the provisions of article 25 or, if it appreciates that the facts may be constitutive of serious or very serious violation, agreed to continue prosecuting the general procedure, notifying interested parties so that, in the period of five days, they propose test if they consider it convenient.

4. the procedure is sent to the organ competent to resolve, which dictate in the term of five days resolution in the form and with them effects expected in the article 28.

5. the procedure must be resolved and notified within a maximum of six months since it began.

Section 7 conditional Suspension article 33. Procedure of suspension conditional.

1. the offender may request in within a month, counted from notification that puts an end to the administrative procedure, the conditional suspension of the execution of the penalty imposed, in the terms provided for in article 110 of the law 3/2001, 26 March. Conditional suspension may not request and has not relapsed resolution of the administrative appeal which, in his case, has been lodged or has elapsed time for its filing unless this has been.

2 that request, in order to comply with the requirements laid down in article 110.2 of the cited law 3/2001, 26 March, to be accompanied by a statement of responsibility of the offender in which becomes a record that it has not been sanctioned maritime fisheries in the past five years.

3. to them effects of the resolution of the suspension conditional, is request report mandatory of the Director General of resources fishery and aquaculture, that must issue is in the term of a month.

4. the deadline for issue and notify the resolution of the Minister of agriculture, food and environment on the granting or refusal of the conditional suspension shall be six months, since the application has had input to the registry of the competent body for its resolution. Pursuant to article 110.4 law 3/2001, 26 March, stakeholders can understand dismissed its application by administrative silence.

Section 8th proceedings linked to vessels of flag of convenience article 34. Object.

1 pursuant to article 2, paragraphs c) and (d)), natural or legal persons who fail to comply with the obligations derived from the conservation and management measures established in international law on the high seas on Board of vessels from third countries, may be punished when the flag State has not exercised its competence impose penalties, under cover of the provisions in title V of the Act 3/2001 March 26, and in the Royal Decree 1134 / 2002, of 31 of October, on implementation of sanctions in respect of sea fishing Spanish enrolled in flag of convenience vessels, as well as this provision, anyone that is your degree of responsibility for the participation in the facts of infringement.

2. for the purposes of the application of this procedure, refers to the flag State does not exercise its competence impose penalties, when within three months since the conduct was notified you, through official, alleged infringer, irrefutably proven, well not respond through official, with mention of the performed actions, or it had not carried out such actions required to punish.

Article 35. Procedure.

1. the notification to the State of flag by duct official of the conduct, allegedly infringing, consistent in the breach of obligations derived of measures of conservation and management established in the right international, is held by the representation diplomatic of Spain, unless record in the procedure that already had been made previously by organs u agencies community or international, in whose case offence, is as valid for the purposes provided for in this regulation.

2 within three months will begin to count from the time evidencing the entry of the notification on the corresponding organ of the flag State.

3. If within three months of flag State had not replied to the notification or started any procedure, the competent body may start sanctioning procedure against natural persons or legal responsibility, as laid down by law 3/2001, of 26 March, and in this regulation.

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

Relapse of flag State firm resolution, the body competent to resolve may determine the opening of the record penalties, taking into account, in any case, the relapse sanction for purposes of graduation, or where appropriate, compensate, which is imposed, without prejudice to the statement of the offence. For this purpose it shall apply the provisions of articles 8 and 17.3 of the present regulations.