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Government Notices published in Govt. Gazette No. 19,216 of 28 February 2014
01/01/2014
No. 230
MINISTRY FOR SUSTAINABLE DEVELOPMENT, THE ENVIRONMENT AND CLIMATE CHANGE
Compensation Scheme for the VoluntaryTemporary Cessation of Fishing Activities
The Minister for Sustainable Development, the Environment and Climate Change, and the Parliamentary Secretary for Agriculture, Fisheries and Animal Rights, in view of the need to further provide for financial assistance to owners of vessels operating in the swordfish fishery who are willing to engage in a voluntary temporary cessation of all fishing activities during the months of March, October and November 2014 in order not to increase the general fishing effort on other fish stocks, are instituting a Compensation Scheme for such owners as follows:
1. Definitions
In this scheme, unless the context requires otherwise:
“Director” means the Director responsible for Fisheries;
“Minister” means the Minister responsible for Sustainable Development, the Environment and Climate Change.
“owner” means the natural or legal person under whom a fishing vessel is registered.
2. Who is eligible for such assistance?
This assistance is provided to whoever is an owner of a fishing vessel which was licenced for the swordfish fishery during 2014. The licenced fishing vessel should not have carried out any fishing activities during March, October and November 2014. The owner of a fishing vessel should have declared €15,000 or more of sales in fish during at least 1 of the previous 3 years.
Whoever is in possession of a licence for fishing for dolphin-fish is not eligible.
3. How does a person acquire the right for this Assistance?
3.1 This assistance is awarded through a claim, which must be submitted on the form provided by the Department of Fisheries and Aquaculture. This form may be obtained from the Fishers’ Cooperatives or from the Department of Fisheries and Aquaculture.
3.2 Any application made should include the following information, details and documentation:
(a) Documentary evidence showing income and capital assets (where applicable);
(b) Income Tax Return;
(c) A copy of the vessel licence or a declaration by the Master of the Vessel;
(d) Be registered with the Employment and Training Corporation as a fisherman in 2014
(e) Official documentation showing the amount of social contributions paid during the months of fishing inactivity.
3.3 A claim for such assistance is subject to the following provisions:
(a) the application will not be considered valid unless all the required documents are attached to it; and
(b) the right for such assistance shall only accrue from the date such an application has been officially received by the Department of Fisheries and Aquaculture;
(c) In the case of co-owners only 1 application per vessel will be accepted (with the consent of all the owners), however in the case of assistance on the social contributions paid the co-owners may be eligible on condition that they satisfy all the requirements;
(d) In the case of companies, the right forassistance of a payment equal to the social contributions is forfeited
3.4. The Director shall, from time to time, request any other document that may be required so that the claim may be processed, revised or renewed and may make use of any documentation present at the Department.
4.Income that is calculated and when the right for such Assistance is lost
When a person qualifies for this assistance, the right for such assistance is automatically lost when the vessel is no longer anchored in port and is used in other activities on the sea. The right for such assistance is automatically lost also if the person engages in other work activities.
5. What does such Assistance consist of?
This assistance falls under the provisions of Commission Regulation (EC) 875/2007 of 24th July, 2007 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the fisheries sector and amending Regulation (EC) 1860/2004 and is subject to its replacement thereof. Any other applicable legal provisions governing the sector and state aid will apply.
In the case of entitlement, this assistance consists of a payment equal to the social contributions paid during the period of inactivity and of a compensation of €3,000 per vessel.
In the case of social contributions the applicant should show to the satisfaction of the Director (Fisheries) that the applicant has not engaged in other economic activities or gainful employment during the year.
Applicants who have been the beneficiaries of other de minimis state aid measures will not be eligible if the aid received (including the aid being requested under this scheme which shall also be taken into consideration) in the last 3 years exceeds the limit of €30,000. Applicants will be requested to sign a declaration to this effect.
6. How shall it be paid?
6.1 This assistance shall be paid by means of a cheque which will be mailed by post.
6.2 This cheque, will be valid for a period of six months from date of issue.
7. Whenever false information is given or failure to conform to the provisions of the scheme
In case of providing information that results to be false or in the case of a change in circumstances that the Director has not been made aware of, the applicant will be liable to necessary legal action.
8. Duration of the Scheme
The date when this scheme comes into force shall be the date of publication and will terminate on the end of 2014.
9. Amendments to the Scheme
The Minister shall make the necessary amendments to this scheme by publishing the said amendments in the Government Gazette.