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Order Aaa/175/2012, Of 30 January, Which Lays Down The Regulatory Basis For The Granting Of Aid To Shipowners Or Proprietors Of Spanish Fishing Vessels Affected By The Temporary Cessation Of Fishing Activities.

Original Language Title: Orden AAA/175/2012, de 30 de enero, por la que se establecen las bases reguladoras para la concesión de ayudas a los armadores o propietarios de buques pesqueros españoles afectados por la paralización temporal de la actividad pesquera.

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TEXT

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.

Law 3/2001, of March 26, of the State Maritime Fisheries, provides that the holder of the Department may adopt measures of regulation of the fishing effort, finding among the same the limitation of the time of the activity fishing.

Also, Royal Decree 1549/2009 of 9 October on fisheries management and adaptation to the European Fisheries Fund, Articles 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 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 said aid to the shipowners or owners of Spanish fishing vessels are established 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 management of the present aid will be processed under competitive competition, in accordance with the provisions of Article 22 of Law 38/2003 of 17 November, General of Grants, taking into account the Census and the the fishing modality of vessels to whose shipowners or owners the aid shall be paid.

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.

In its virtue, I have:

CHAPTER I

Common Provisions

Article 1. Grant object and procedure.

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

Article 2. Funding.

1. The financing of the planned aid shall be made from the budgetary implementation to be determined for each financial year in the general budget of the State and shall 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.

The Fleet Planning and Training Subdirectorate General will check through the Census of the Operational Fishing Fleet, the base port of the vessel.

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

3. Both the granting of the aid and the payment of the aid are subject to adequate and sufficient credit at the time of the decision to grant the aid in the corresponding budgetary implementation of the general budget of the European Union. State, as well as the Community funds allocated for this type of aid. The expenditure commitments of each year shall not exceed the appropriations authorised in the budget of each year, nor may expenditure be committed from subsequent years.

CHAPTER II

Temporary cessation of fishing activity

Article 3. Beneficiaries.

They may be beneficiaries of the aid referred to in this order by the shipowners or owners of the fishing vessels, with a base port in the various autonomous communities, approved by the Directorate-General for Management Fisheries of the General Secretariat for Fisheries and which are affected by temporary cessation of fishing activity as a result of the implementation of measures to adapt the Community fishing fleet on the basis of the provisions of the Articles 21 and 24 of Council Regulation (EC) 1198/2006 of 27 July 2006, provided that they meet the conditions set out in Royal Decree 1549/2009 of 9 October and comply with the requirements laid down in Article 4 of this order.

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 shipowners or owners of fishing vessels must meet the following requirements:

a) Belong to the third list of the Registry of Shipping and Shipping Companies.

b) That the ship is in a high position in the Census of the Operational Fishing Fleet.

c) To be in possession of a fishing licence for the modalities and fishing grounds identified in each call.

d) During the standstill period, the fishing inactivity must be total and the vessel must remain moored to port, without it being necessary for that port to match its base port.

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

(f) Justification that the shipowner or owner of the vessel has submitted to the labour authorities the appropriate Employment Regulation Expedient for the total crew members in the vessel, on the date of the last arrival in port for the start of the stop, for the purpose of the crew members of that vessel being eligible for aid, except where in exceptional circumstances this requirement may be exempted for certain vessels of certain modalities and tonnage, which shall be specified in each call for a specific call.

g) Not having been sanctioned with temporary or permanent disablement to receive aid or public subsidies for administrative violations in the field of sea fishing.

2. Compliance with the requirement referred to in paragraph (a) shall be accredited by means of the ship's updated maritime registration seat sheet.

3. Compliance with the requirement referred to in paragraph (c) shall be certified by a certificate issued on its own initiative or requested at the request of the person concerned, by the Directorate-General for Fisheries and Aquaculture of the General Secretariat for Fisheries of the Ministry of Agriculture, Food and Environment in the process of instruction.

Article 5. Amount.

The maximum amount per day of aid, as well as the criteria for its determination, shall be as set out in Annex II to each call, in accordance with the percentages and scales set out in Council Regulation (EC) 1198/2006, 27 July 2006 concerning the European Fisheries Fund (EFF) and the Operational Programme for Community Intervention of the European Fisheries Fund for the 2007-2013 programming period.

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 in a justified manner.

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

Article 7. Incompatibilities.

Aid granted to shipowners or owners is incompatible with the exercise of any other paid activity during the period of the eligible stop, as well as the receipt of other grants, aid, income or resources for the same purpose, from any public or private authorities, national, European Union or international bodies, not being cumulative for shipowners and owners when they are coincident with the exception of aid which the shipowners may receive as crew members or self-employed owners, coiled as crew members on vessels of certain modalities and tonnage, which shall be determined in an exceptional and specific manner on each call.

Article 8. Requests.

1. Applications shall be addressed to the Minister for Agriculture, Food and the Environment in accordance with the model accompanying Annex I for each call and shall be presented to the General Secretariat for Fisheries or to any of the places provided for in this Regulation. Article 38 (4) of Law 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

2. The time limit for the submission of applications shall be that laid down in each call.

3. The application must be accompanied by the following documents:

a) The ship's updated maritime registration seat sheet, complete, literal and certified on all its pages.

b) In case of ownership, certification of the property of the ship is updated.

c) Certification of the Social Institute of the Marine accredited to be in a situation of high associate to that vessel, both shipowners and owners.

d) A certified photocopy of a definitive tonnage certificate in Tonnage of Gross Archery (G.T.), issued by the General Directorate of the Merchant Navy of the Ministry of Public Works.

(e) Justification issued by the relevant Maritime Captaincy, in which the place and period of total immobilization of the vessel is recorded on the occasion of the temporary cessation of the fishing activity, with the expression of the dates of start and end of the stop performed.

In the absence of the Maritime Captaincy Certificate and in exceptional situations which shall be reflected, where appropriate, in each call order, the days of stopping referred to in the preceding subparagraph may be justified by certification issued by the Directorate-General of Fisheries Resources of the General Secretariat of Fisheries once the data has been verified through the Spanish Satellite Fisheries Localization System or other relevant means.

(f) Certification of the Maritime Captaincy that the vessel has been dispatched at least once in the year before the date of submission of the application for the exercise of the fishing activity in any of the modalities of the fleet affected by the temporary cessation in question.

(g) 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, failing that, a certified photocopy of the document. Such authorisation may also be provided by marking and signing the box for the purpose of the application form for the aid. In any case, both applicants and representatives, where there is no express authorisation, must present a certified copy of the DNI, CIF or NIE, as appropriate.

(h) In the case of legal persons, the original or certified copy of the writing of the constitution, as well as the power or other supporting documentation of the representative faculties of the person, shall be provided. You must act on behalf of those.

i) In the case of legal persons or natural persons representing undertakings, the document certifying the representation shall be provided.

(j) 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 purpose, from any national, public or private authorities, national, European Union or international bodies, as set out in Annex III, to be included in the call.

k) Statement responsible for not having debt by resolution for the origin of drawback, nor being in any of the prohibitions laid down in Article 13 of Law 38/2003, of 17 November, General of Grants, as modelled in Annex IV, which will accompany each call.

(l) 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, as set out in Annex V to the call.

m) 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 to be listed as Annex I in the call for such data to be collected. by the managing body of the State Agency for Tax Administration and the General Treasury of Social Security.

4. In the case of stopping in two or more periods, the application shall provide the proof of accreditation for each period of detention referred to in points (e) and (f) of paragraph 3. The other documentation that has already been submitted with the request for the first stop period that is current and up-to-date must not be attached, and an affidavit must be submitted guaranteeing that the conditions and requirements have not changed. initial for the grant of the aid.

CHAPTER III

Final Provisions

Article 9. Instruction and resolution.

1. The competent authority for the instruction shall be the General Subdirectorate for Planning and Planning of the Fleet and Training.

2. The Deputy Director-General for Planning and Planning of the Fleet and Training will raise the corresponding motion for a resolution for the days effectively immobilized with the content provided for in Article 24 (4) of Law 38/2003, 17 of November.

3. The Minister for Agriculture, Food and the Environment, or the body to whom he has delegated, shall give the appropriate reasoned decision within six months of the submission of the application, which shall be notified to the person concerned. Article 59 of Law No 30/1992 of 26 November 1992, by means of registered mail with acknowledgement of receipt.

4. If the time limit has not been notified, the parties concerned may understand their request.

5. The decision which recayerends the administrative route, with the possibility of having recourse to a replacement pursuant to 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 10. Subhealing of requests.

If the documentation submitted is incomplete or contains subsable errors, the applicants will be required to do so within 10 working days, in accordance with Article 71 of Law 30/1992, of 26 November 1992, (b) the provisions of Article 4 (1) of Regulation (EC) No 714/2014 are not applicable, and the provisions of Article 4 (2) of Regulation (EC) No 715/2014 shall be adopted in accordance with Article 4 (2) of Regulation (EC) No 2072014

Article 11. Payment.

Once a favourable resolution is passed, payment of the aid shall be made at the end of each stop period in the bank account which the beneficiary has designated to the General Secretariat of the Treasury and the Financial Policy of the Ministry of Economy and Competitiveness.

Article 12. Control of aid.

1. Failure to comply with the conditions necessary for the receipt of the aid will determine the refund of the amounts collected in full, the procedure for the reimbursement of the amount of the aid being initiated under the terms of the Article 17 (3) (n) of Law 38/2003 of 17 November.

The amounts to be reintegrated will be effective in the terms of Article 36 et seq. of Law 38/2003 of 17 November.

2. Also, 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.

3. In accordance with Article 17 (3) (l) of Law 38/2003 of 17 November, the amendment of the resolution may result in any alteration of the conditions under consideration for the grant of the grant, and in any event the concurrent obtaining other contributions outside of allowed cases in this order.

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 149.1.19ª 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, January 30, 2012. -Minister of Agriculture, Food and Environment, Miguel Arias Cañete.