Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund lays down, in Chapter I, Priority Axis 1, measures for the adaptation of the Community fishing fleet, Articles 21 and 24, the the possibility of granting aid to shipowners and crew members of fishing vessels likely to be affected by measures to adapt the fishing fleet. Council Regulation (EC) 2371/2002 of 20 December 2002 lays down measures for the conservation and sustainable exploitation of fishery resources under the common fisheries policy.

The European Fisheries Fund's Operational Programme for the European Fisheries Fund for the 2007-2013 programming period, approved by Commission Decision of 13 December 2007, as amended by Decision of the European Parliament and of the Council Commission dated 8 November 2010, contains the selection criteria and the granting of aid to the Spanish fishing sector.

Also Royal Decree 1549/2009 of 9 October on fisheries management and adaptation to the European Fisheries Fund, in Article 32 and 33 sets out the objective criteria for the implementation of measures for the cessation of fishing activities. temporary fishing activities.

In this regard, Article 33.2 provides for the possibility that when these measures affect vessels with a base port in several autonomous communities, the Ministry of Agriculture, Food and Environment may adopt a aid scheme for the shipowners or owners and fishermen concerned, even assuming the management, processing and payment of the aid concerned.

On the other hand, the Statutes of Autonomy of Ceuta and Melilla do not attribute to these cities competence in the field of management of the fishing sector, so the management, processing and payment of the aids in this area of competence corresponds to the Ministry of Agriculture, Food and Environment.

Consequently, by this order, the regulatory bases for the granting of the aforementioned aid to the crew of Spanish fishing vessels with a base port in different autonomous communities are established, as as a result of the temporary cessation of its activity.

The centralised management of the present aid is appropriate, taking into account the fact that the aid is indissolubly linked to measures to regulate the fishing effort, which have been adopted under the State competition in the field of sea fishing.

Taking into account the doctrine of the Constitutional Court, centralised management is shaping as the most appropriate means to ensure the same possibilities of obtaining and enjoyment by its potential recipients in the entire national territory, by establishing uniform criteria for access to aid, which are fundamental in this case in which the fishing resource is not compartmentalized, while at the same time being a necessary means of to prevent the overall amount of such aid from exceeding the available resources budget for the sector.

Also, participation in their financing of Community funds, leads to the need for a certain form of management that does not exceed the pre-established deadlines.

The present regulatory bases are set exclusively for the 2012-2014 financial years, as the European Fisheries Fund's Operational Programme for Community Intervention is then put to an end, designed to the programming period 2007-2013. This element, together with the current situations which are regulated in this order and which derive from the state of the resource, justifies its adoption by ministerial order.

The processing of consultations has been carried out with regard to the affected autonomous communities, the cities of Ceuta and Melilla and the sector concerned.

Under the proposal of the Minister for Employment and Social Security and the Minister for Agriculture, Food and the Environment, I have:

CHAPTER I

Common Provisions

Article 1. Object.

By this order, the regulatory bases for the period 2012-2014 are established for the granting of aid, to the crew of Spanish fishing vessels that may be affected by measures of temporary cessation of the fishing activity, as laid down in Council Regulation (EC) 2371/2002 of 20 December 2002 laying down measures for the conservation and sustainable exploitation of fishery resources under the fisheries policy Council Regulation (EC) No 1198/2006 of 27 July 2006 on the common position of the Council to the European Fisheries Fund (EFF) and in accordance with Royal Decree 1549/2009 of 9 October on fisheries management and adaptation to the European Fisheries Fund, as well as the European Fund's Operational Programme for Community Intervention of the Spanish Fisheries for the 2007-2013 programming period.

Article 2. Funding.

1. The financing of the aid will be made through the funds transferred by the Ministry of Agriculture, Food and the Environment to the General Treasury of Social Security, the Ministry of Employment and Social Security, once published. the corresponding order of call, under the budgetary implementation to be determined for each financial year in the General Budget of the State and to be indicated on each call.

The intensity of the national public aid to be granted in each of the areas of intervention in this order shall be in accordance with the provisions of Article 52 and Annex II to Council Regulation (EC) 1198/2006 of 27 of 27. July 2006, concerning the European Fisheries Fund (EFF).

2. The implementation of proposals for the payment of these aids by the Social Institute of the Navy will be conditional on the existence of sufficient funding in the General Treasury of Social Security that allows to proceed to the ordination and materialization. of the payments, either by means of the funds transferred by the Ministry of Agriculture, Food and the Environment to that General Treasury referred to in paragraph 1 of this Article, or by the existence of remaining financing of orders above.

3. The Community contribution from the European Fisheries Fund (EFF) shall be made in accordance with the limits laid down in the Operational Programme for Community Intervention of the European Fisheries Fund for the programming period 2007-2013, which contains the selection criteria and the granting of aid to the Spanish fisheries sector.

CHAPTER II

Temporary cessation of fishing activity

Article 3. Beneficiaries.

1. The Spanish crew members, nationals of a Member State of the European Union or of the European Economic Area and foreign nationals who have residence and work permits in force, who are on board, may be eligible for such aid. Spanish fishing vessels with a base port in different autonomous communities, approved by the General Fisheries Management Directorate of the General Secretariat for Fisheries, and which are affected by temporary cessation of fishing activity as consequence of the implementation of measures for the adaptation of the Community fishing fleet, in Council Regulation (EC) 1198/2006 of 27 July 2006 on the European Fisheries Fund (EFF), as provided for in Article 21 and 24 of Council Regulation (EC) No 1198/2006, provided that the conditions laid down in Royal Decree 1549/2009 of 9 December 2006 are met. (b) October, which complies with the requirements laid down in Article 4, and whose employment contract has been suspended due to temporary cessation.

2. It is expressly excluded from the right to receive the aid provided for in this order by the shipowners or owners of the vessel treated as employed persons on board the vessel, with the exception of derogations for certain types of aid. of vessels and tonnage can be determined on each call.

3. For the purpose of identifying the vessels concerned, the Social Institute of the Navy shall verify that the vessels in which the workers are engaged correspond to the vessels included in the relationship certified for that purpose. Secretary-General of Fisheries of the Ministry of Agriculture, Food and Environment, who shall meet the requirements set out in Articles 1 and 3.1 of this order.

4. It is the obligation of the beneficiary to submit to the control of the body which calls the aid, the Court of Auditors and other audit bodies which, by the nature and origin of the funds, have competence in this field, as well as to facilitate the information is required by them.

Article 4. Requirements.

1. The Ministry of Agriculture, Food and the Environment may grant aid to temporary stoppages complying with the provisions of Article 25 of Council Regulation (EC) 1198/2006 of 27 July 2006.

In order to obtain the aid, the crew of fishing vessels must meet the following requirements:

(a) Be enrolled on board any of the Spanish fishing vessels affected by the temporary cessation of the fishing activity referred to in Article 3 of this order, and to be determined in the call for tenders corresponding.

(b) Being included in the employment regulation file instructed for the purpose of authorising the suspension of industrial relations, except where in exceptional circumstances the crew members of the certain vessels of certain modalities and tonnage, which shall be determined in a specific manner on each call.

c) To find themselves in the situation of high in Social Security and to keep the employment relationship uninterrupted with the shipowning company of the vessel in which they were enrolled in the moment of the immobilization of the fleet during the stop.

(d) Credit a contribution period in the Special Scheme of Social Security of the Workers of the Sea at least six months throughout their working life.

e) Being aware of your tax obligations and social security.

2. Aid may also be granted to workers who, while maintaining their employment relationship with the undertaking, are not in employment at the time of cessation as a result of temporary incapacity, paid leave, holidays, excess and/or expectation of boarding, maternity, paternity, risk during pregnancy and risk during natural lactation, provided that they comply with the other conditions laid down in the previous paragraph and that the cessation of such conditions is established situation over the duration of the duration of the stop.

Article 5. Amount.

1. The individual amount of the aid shall be determined in each order of call on the basis of the limits laid down in the Operational Programme for Community Intervention of the European Fisheries Fund for the programming period 2007-2013 containing the selection criteria and the granting of aid to the Spanish fisheries sector, as well as the scales applicable for the calculation of the aid.

2. The Social Institute of the Navy shall deduct from the amount referred to in the previous paragraph the worker's share of the Social Security and shall enter it in favor of the General Treasury of Social Security.

Article 6. Duration.

1. The aid shall be granted for the period of stand to be determined on each call.

2. The stopping period shall be computed from the day following the arrival of the ship to port until the day before the actual departure of the ship, except for the exceptions that can be determined for each call.

3. Transit periods shall not be computable for the purpose of cessation, except for exceptions that may be collected for each call.

Article 7. Obligation on the employer or shipowner.

The employer or owner must keep his/her employees in a situation of high social security during the period of inactivity, paying the business quota corresponding to that period to his sole office. In the event that the beneficiary is a shipowner or self-employed owner, as a crew member on ships of certain modalities and tonnage specified in each call, he must remain as such an autonomous worker in the social security system. during that period of inactivity, paying the full contribution corresponding to the same, to its exclusive charge.

Article 8. Incompatibilities.

1. The benefit of the aid provided for in this order shall be incompatible with the self-employment or the employment of the beneficiary, as well as the receipt of other grants, aid, revenue or resources for the same purpose, from of any public or private authorities, nationals, of the European Union or of international bodies, except for aid which the shipowners or owners of self-employed persons or owners who are employed by them as shipowners may be entitled to foreign account, coiled as crew members on vessels of certain modalities and tonnage, exceptional and specific are determined on each call.

2. Similarly, the condition of the beneficiary will be incompatible with the recognition of the right to protection by unemployment, the cessation of the activity of self-employed workers and the rest of the economic benefits of the Social Security System. are incompatible with the work of the beneficiary.

3. In the event that the recognition of the aid to a worker could give rise to an incompatibility with the recognition of an earlier right of protection for unemployment, or a cessation of activity in the case of self-employed persons, Such a circumstance shall be notified by the Social Institute of the Navy to the person concerned, which may be eligible, within 10 days of notification, between the receipt of the aid and the protection for unemployment or for cessation of activity, in the case of self-employed. If, within 10 days of the notification, the choice between the two is not expressed in writing, it shall be understood that he chooses to receive the aid.

If the person concerned chooses to receive the aid, the regularisations arising in respect of unemployment protection or cessation of activity, in the case of self-employed workers, shall be carried out in conjunction with public aid. temporary stop.

If you opt for unemployment protection or cessation of activity, in the case of self-employed workers, you will be denied the recovery of the aid requested for incompatibility.

Article 9. Requests.

1. The applications shall be addressed to the Provincial Director of the Social Institute of the Navy, in accordance with the model shown in Annex I in each call, and shall be presented to the Local or Provincial Directorates of the Social Institute of the Navy or in any of the places provided for in Article 38.4 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and Common Administrative Procedure.

2. The time limit for the submission of applications shall be that set out in each call:

3. Applications must be accompanied by:

(a) Express authorisation to the managing body to check the identity data by reference to the Identity Data Verification System provided for in Article 1 (3) of Royal Decree 522/2006 of 28 April 2006, deleting the contribution of photocopies of identity documents in the administrative procedures of the General Administration of the State and its related or dependent public bodies or in their absence, photocopy of the document. Such authorisation shall be understood by marking and signing the box to the effect set out in the application form for the aid in Annex I to each call.

b) Certificate of the shipowner to be included in the role of the vessel, with the approval of the Maritime Captaincy, in accordance with the model that will appear as Annex II in each call, in which it must be accredited, in the space reserved for the purpose, the period/s of the ship's cessation, completed in accordance with the provisions of Article 6.2.

c) Copy of the resolution of the competent labour authority that approves the suspension of the employment relationship.

(d) Affidavit of the person concerned that he has not exercised any gainful activity during the period of the eligible stop, nor has he received or requested other grants, aids, income or resources for the same The purpose of this Regulation is to ensure that, in accordance with Article 1 (1) of Regulation (EC) no. crew referred to in Article 3.2, contained in the application set out in Annex I to each call.

e) Statement responsible for not having debt by resolution for the origin of the refund, nor any of the prohibitions laid down in Article 13 of Law 38/2003 of 17 November, General de Grants, contained in the application set out in Annex I to each call.

(f) Statement responsible for not having been sanctioned with temporary or permanent disablement to receive aid or public subsidies for administrative violations in the field of sea fishing, contained in the request set out Annex I for each call.

g) Certificate that you are aware of the payment of the tax and social security obligations. The submission of such certificates by the applicant shall not be required, if it expressly expresses its consent, in accordance with the authorisation contained in the model set out in Annex I, in order for this data to be collected by the managing body the State Agency for Tax Administration and the General Treasury of Social Security.

4. If the documentation submitted is incomplete or contains subsable errors, the applicants shall be required to submit, within 10 working days, in accordance with Article 71 of Law No 30/1992 of 26 November of 26 November, the absence or accompanying the documents required, with the warning that, if they do not do so, they shall be given the withdrawal of their application, in accordance with that Article and with the effects provided for in Article 42.1 thereof.

5. Where applications are lodged by means of a representative, the time limit laid down in Article 32.4 of Law No 30/1992 of 26 November 1992 to remedy the lack or inadequacy of the accreditation of the representation, which occurs when the circumstances of the case so require, shall be extended to 20 working days.

CHAPTER III

Final Provisions

Article 10. Instruction, resolution, and notification.

1. The applications shall be instructed by the official of the provincial management of the National Marine Institute, which is designated by the provincial director. Once instructed, the file will be submitted to the Provincial Director for resolution.

2. The Provincial Director of the Social Institute of the Navy shall give and notify the person concerned of the decision within the maximum period of 6 months after the application has entered the register of the body responsible for processing, the provisions of Article 59 of Law No 30/1992 of 26 November.

3. If that time limit has not been notified, the parties concerned may understand the request for a decision.

4. The decision which recayerends the administrative route, which may be used as a replacement under Article 116 of Law No 30/1992 of 26 November, or to bring an action directly to the administrative and administrative courts of the Member States. Law 29/1998 of July 13, regulating the Administrative-Administrative Jurisdiction.

Article 11. Payment.

The payment, which will be extra-budgetary for Social Security, will be made by the General Treasury of Social Security, on a proposal from the Social Institute of the Navy, between 10 and 20 of the month following that of the notification of the resolution of the request for assistance.

Article 12. Extinction of the aid.

The right to the aid covered by this order shall be extinguished:

(a) To cease the immobilization of the vessel to which the workers were linked at the time of the stop.

(b) For the commencement of the worker's employment activities for his or her own account or for hire, notwithstanding the foregoing, in the event that the worker carries out on board the vessel to which he was bound at the time of the stop, activities intended for the maintenance of the same, the right to be paid shall be suspended for the duration of those activities.

c) The economic effects of social security benefits which are incompatible with the work, with the exception of temporary disability, maternity and paternity benefits, in which case the payment is made the aid shall be suspended for the duration of the receipt of such benefits.

d) The worker's employment relationship with the shipowner is extinguished.

e) To stop gathering any of the requirements that motivated the recognition of the right to the aid.

f) By death or death declaration of the beneficiary.

Article 13. Control of aid.

1. If the conditions necessary for the receipt of the aid are not met, the sums charged in their entirety shall be refunded and the procedure for the reimbursement of the amount of the aid shall be initiated in accordance with the provisions of the Law 38/2003, dated November 17.

2. Likewise, the Social Institute of the Navy will request from the General Treasury of Social Security the return of the dues of the workers unduly paid.

3. Any violations and penalties that may arise from the failure to comply with this order shall be governed by the provisions of Article 52 et seq. of Law 38/2003 of 17 November.

Additional disposition first. Unemployment benefit or cessation of activity in the case of self-employed persons.

Termination of the period of receipt of the aid, the worker may only access the unemployment benefit if he meets the requirements of Articles 207 et seq. of the recast text of the General Law on Security Social, approved by Royal Legislative Decree 1/1994, of 20 June, understanding as the date of completion of the employment relationship, if this occurs, the date of completion of the receipt of the aids.

In the case of self-employed workers, access to the perception of the benefit by cessation of the activity will be conditional on compliance with the requirements of Article 4 of Law 32/2010 of 5 August, establishing a specific system of protection for the cessation of the activity of self-employed workers, with the understanding as to the date of termination, if this occurs, of the end of the receipt of aid.

Additional provision second. Delegation of powers.

In accordance with the provisions of Article 13 of Law 30/1992, of November 26, the Minister of Agriculture, Food and Environment delegates to the Provincial Directors of the Social Institute of the Navy for the processing, resolution, and proposal for payment of the aid regulated in this order, whose ordination and materialization will take place through the central payment box of the General Treasury of Social Security.

Final disposition first. Competence title.

This order is dictated by the state competence in the management of the fisheries sector, in accordance with the provisions of Article 149.1.19. of the Constitution.

The provisions of Article 2 (2), as well as the first provision, which are given in the context of the competition which the economic system of social security confers on the State, are exempted from the foregoing. Article 149.1.17. of the Constitution.

Final disposition second. Entry into force.

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

Madrid, February 6, 2012. -Government Vice President and Minister of the Presidency Soraya Saenz de Santamaria Anton.