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Fisheries Operational Programme 2007-2013 Aid Scheme part-financed by the European

Union European Fisheries Fund (EFF)

Co-financing rate: 75% EU Funds; 25% National Funds

Investing in sustainable fisheries

MALTA’S FISHERIES OPERATIONAL PROGRAMME

EUROPEAN FISHERIES FUND 2007 - 2013

EFF

PRIORITY AXIS 1 MEASURES FOR THE ADAPTATION OF THE MALTESE FISHING FLEET

MEASURE 1.1

PERMANENT CESSATION OF FISHING ACTIVITIVES SCHEME

GUIDELINES FOR APPLICANTS

September 2015

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General Information The scope of these guidelines is to provide assistance to the applicant/s when applying for Aid Schemes part-financed by the European Fisheries Fund (EFF) under the 2007 – 2013 Fisheries Operational Programme. In Malta, the EFF Aid Schemes fall under the responsibility of the Intermediate Body (IB), which is the Policy Development and Programme Implementation Directorate within the Ministry for Sustainable Development, the Environment and Climate Change (MSDEC). The Managing Authority, which is responsible for National Projects, is the Funds and Programmes Division (FPD) within the Ministry for European Affairs and Implementation of the Electoral Manifesto (MEAIM). Aid Schemes part-financed by the EFF under the 2007 – 2013 programming period must fit either under:

Priority Axis 1 – Adaptation of the Community fishing fleet; or

Priority Axis 2 – Aquaculture, processing and marketing of fishery and aquaculture products.

The IB is responsible for the entire implementation of Aid Schemes including: the launching of the calls to Beneficiaries, the selection of operations, drawing up grant agreements with Beneficiaries, monitoring, reporting, verification of expenditure: publicity and information (also to Beneficiaries) and closure of the schemes. The tasks delegated to the IB are outlined in a Covenant agreed upon between the IB and the MA. The Policy Development and Programme Implementation Directorate (MSDEC) in its capacity of Intermediate Body is issuing a public call for the granting of Aid Schemes under Priority Axis 1, Measure 1.1 Permanent Cessation of Fishing Activities Scheme. This aid scheme will target two types of vessels: Bottom Otter Trawlers, and Lampara Vessels as per respective fleets’ Fisheries Effort Adjustment Plans. An indicative amount of approximately €800,0001 public funds (Malta and EU [EFF] Funds) is being made available. Projects will receive from public funds a maximum funding of 100% of the amount for which they are eligible, which grant would be co-financed as follows: 75% EU funds and 25% National funds. Projects must be in line with Council Regulation (EC) No 1198/2006 of 27th July 2006 on the European Fisheries Fund (EFF) and Commission Regulation (EC)

1 An indicative amount of € 400,000 is being reserved for each type of licence: bottom otter trawlers and

lamapara The Managing Authority and/or the Intermediate Body reserve the right to increase/reduce, at their discretion, the indicated total ammount or the indicated amount for each type of licence in order to ensure that the goals established in the different FEAPs are reached.

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No 498/2007 of 26th March 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 1198/2006. Applications must be made using the EFF Application Forms for Aid Schemes published with these guidelines. The forms must be submitted in paper format by not later than 30 September 2015 at noon. Further instructions are given under Chapter 2 on page 16 of these notes. The aim of these Guidance Notes is to explain how to complete the Application Form. It is the responsibility of the applicant to seek the advice of the IB to ensure the full comprehension of certain concepts, terminology and processes. Submitting a signed Application Form is a formal statement by the applicant that all the details in the Application Form are factually correct. A signed Application Form also authorises the Intermediate Body and any other relevant body to do the necessary checks both before and after the Grant is awarded (if deemed eligible). It is also a confirmation that if the grant is awarded, the applicant will carry out the project as described in these guidelines, the Application Form and in line with the conditions stipulated in the Grant Agreement. Chapter 1 – Submission of Eligible Applications 1.1 General Test of Eligibility 1.1.1 Eligible Applicant

Applicant must be the owner of the vessel and own a valid license for commercial fishing within A or B categories of the Malta Fishing Vessel Register. The vessel shall be registered with lampara or trawling licence.

Vessels must be active vessels

Must have shown fishing activity through landings and registration of catches in each of the previous 2 years, that is, 2013 and 2014 according to the SL 425.07.

Vessels must be older than 5 years of age from year of construction.

Vessels must not have received assistance from the European Union under the FIFG and EFF schemes between (2010 – 2015).

1.1.2 Eligible Actions The general objective of this measure is to adjust the fishing capacity of the Maltese registered fishing fleet as well as to manage the fishing effort in accordance with the aims of the CFP. This measure will target two types of licenses: bottom otter trawls, and lampara. This should lead to a reduction in the fishing effort for the species involved in this kind of activities.

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The specific objectives of the measure are:

The permanent withdrawal of vessels from the fishing fleet and from the Community fleet registers.

The reassignment of fishing vessels into non-fishing activities. The actions that are eligible under this measure are:

The complete scrapping of a fishing vessel with deletion of the relative fishing capacity related to the vessel from the Malta fishing vessel register. Both fishing rights and vessel will be compensated. Direct reference is made to Art 4(1) of Commission Regulation (EC) 498/2007 whereby scrapping of the vessel means there will be a permanent cancelling of the related fishing license and the permanent deletion of the vessel from the Community fleet register.

The reassignment of the vessel under the flag of a Member State and registered in the Community for activities outside fishing with deletion of the relative fishing capacity related to the vessel from the Malta fishing vessel register. Only fishing rights will be compensated.

The reassignment of the vessel for the purpose of the creation of artificial reefs with deletion of the relative fishing capacity related to the vessel from the Malta and the Community fishing vessel register. Both fishing rights and vessel will be compensated. Direct reference is made to Art 23 1 (c) of Council Regulation (EC) 1198/2006, whereby Member States shall ensure that any such operation as described above will be preceded by an environmental impact assessment.

In view of the fact that a number of vessels may have historical, cultural ethnographic or folkloristic value, those vessels that fall under the scrapping scheme and for which their respective applicants had the intention to scrap them, would be withheld by the Government for further examination to determine whether such historical value exists or not.

The decommissioning of the vessels is going to take place, ipso facto as soon as the vessel is transferred to the Government for the evaluation process mentioned above. By means of this procedure, the owner of the vessel would be forfeiting any right on that vessel, which right would be transferred to the Government. The Government is going to be committed to verify that all vessels would not be used for maritime activities.

The transfer of fishing vessels to third countries is not eligible. As per Art 23.2 of the EFF Regulation, the permanent cessation of fishing activities of fishing vessels shall be programmed in the form of national

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decommissioning schemes which shall not exceed two years from the date of entry into force. 1.2 The Application Process Fishing vessel owners may only present one application per fishing vessel. All applications necessitate full details as specified in the application form provided. Application forms are available from the website http://vafd.gov.mt/proposals or may be collected from the offices listed below: Mr. Christopher Lawrence Francalanza - Customer Care Office, Intermediate Body for the European Fisheries Fund, C/o Policy Development and Programme Implemantation Directorate,Ministry for Sustainable Development, the Environment and Climate Change 6, Qormi Road, Sta Venera. Mr. Tony Borg Mr. Mario Tabone, Ministry for Gozo, Fisheries Officer St Francis Square, Mġarr, Gozo Gozo Fishermen Associations Applications together with all supporting documentation as requested in the call must be submitted, in person, by Wednesday 30 September 2015 at noon as follows: Mr. Christopher Lawrence Francalanza - Customer Care Office, Intermediate Body for the European Fisheries Fund, C/o Policy Development and Programme Implemantation Directorate,Ministry for Sustainable Development, the Environment and Climate Change 6, Qormi Road, Sta Venera. An acknowledgement letter will be issued to the person submitting the application form. Applications may be submitted by one of the co-owners on behalf of all co-owners or third parties on behalf of the owner/s. Such applications shall only be accepted and considered as valid if the party submitting the application hold and submits with the application form an original Power of Attorney by a Notary registered in the Maltese Notarial Register. Any queries should be addressed to the Customer Care Office either on the address provided above or on telephone number 22926223, between Monday

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and Friday from 7.30am to 1.30pm. One may also send queries on the following email: christopher.francalanza@gov.mt. Late applications shall not be considered. 1.2.1 Supporting Documents The Applicant must ensure that the Application Form is accompanied by the following documents when submitting the Application to the IB:

1 Copy of the valid fishing vessel license

2 Copy of valid certificate of Malta Registry (issued in terms of the Merchant

Shipping Act) (Only obligatory for vessels 6m or over)

3 Three coloured photos clearly showing:

3a Bow / Pruwa

3b Stern / Poppa

3c Beam / Żaqq

4 Coloured photo/s indicating the serial number for each engine listed on the License.

5 For vessels which will be reassigned the applicant shall provide a written declaration and plan/report describing the role to be assumed by the vessel following the re-assignment and any permits (or application for permits) from the relevant authorities or promise of sale agreement or other relevant documentation in its original form.

6 Copy of resolution by co-owners/Director appointing Applicant as sole representative (where applicable)

7 Photocopy of ID cards of owner/s

8 ETC Employment History of the owners and co-owners

9 Original sales certificates issued by the Fish Sales Data Unit within the Department of Fisheries and Aquaculture for the last two years:

9a 2013

9b 2014

10 First sales notices for the last two years:

10a 2013

10b 2014

11 Copies of the catch logbook (where applicable) for the last two years:

11a 2013

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11b 2014

12 Copies of VMS records (where applicable) from the Department of Fisheries and Aquaculture for the last two years:

12a 2013

12b 2014

13 An original Power of Attorney by a Notary registered in the Maltese Notarial Register (where applicable) as per Section 1.2 (page 5)

1.3 General Process of the Evaluation Procedure for the Application form submitted under the Permanent Cessation Aid Scheme. 1.3.1 Laws and Regulations This scheme is subject to the relevant laws and regulations of Malta and the European Union both existing, future and any subsequent amendments. These amongst others include:

Council Regulation (EC) No 1198/2006 of 27th July 2006 on the European Fisheries Fund (EFF)

Council Regulation (EC) No 498/2007 of 26th March 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 1198/2006

Regulation SL 425.07 for Fishing Vessels

State Aid Monitoring Regulations: LN 210 of 2004

Environment Protection Act: Chapter 435 of the Laws of Malta (where applicable) as amended by Act II of 2006 and Legal Notice 426 of 2007

Environment Impact Assessment: Subsidy Legislation 504.79, LN 114 of 2007 as amended by L.N. 425 of 2007, 438 of 2011 and 211 and 263 0f 2015 and any subsequent amendments made to it, following the signing of this Grant agreement;

Equality for Men and Women Act: Chapter 456 ACT I of 2003, as amended by Legal Notice 427 of 2007; and Acts IV of 2009, IX of 2012, XVIII of 2014, and VII and XI of 2015.

Equal Opportunities (Persons with Disability) Act – Chapter 413 of the Laws of Malta ACT 1 of 2000 as amended by Legal Notice 426 of 2007 and Act II of 2012

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Value Added Tax Act: Laws of Malta – Chapter 406 of the Laws of Malta as amended by Legal Notices 17, 21, 22, 28, 29, 30, 60, 89, 116, 142,198, 199, 200, 201, 217, 223 of 1999, 11, 271, 272, 273 and 274 of 2000, and 23, 24, 25, 93 and 94 of 2001; Act VI of 2001; Legal Notices 149, 171, 233, 234 and 235 of 2001, 180, 205, 387, 388 and 389 of 2002, and 39, 375 and 384 of 2003, and 149 of 2004; Acts X of 2003, and II and III of 2004; Legal Notices 250, 376, 436, 489 and 520 of 2004; Act XIII of 2005; Legal Notices 171, 181, 186 and 334 of 2006; Acts IV, XIX and XXXII of 2007; Legal Notices 121,122, 123, 124, 426, 443, 444, 445, 446, 447 and 448 of 2007, 105 and 335 of 2008, and 34, 86,132, 133, 137, 234 and 235 of 2009; Act II of 2009 and I of 2010; Legal Notices 71, 72, 73, 286, 425, 444, 499, 523, 532, 533, 534, 535 and 536 of 2010; and 61, 234, 379, 380, 381, 382, 499 and 500 of 2011; Acts IV, V and XXII of 2011; Legal Notices 38, 39, 89 and 185 of 2012 and Act V of 2012; Legal Notices 64, 140, 141 and 142 of 2013; Acts III and XIV of 2013; Legal Notices 236, 345 and 422 of 2013, Acts XII and XLIII of 2014; Legal Notices 480 of 2014, and 64,65, 277 and 231 of 2015; and Act XIII of 2015.

Financial Administration and Audit Act: Chapter 174 of the Laws of Malta as amended by Act VI of 1962; Legal Notice 47 of 1962; Act XII of 1965; Legal Notices: 17 and 46 of 1965; Acts: XXIV of 1967, XXXI of 1968, XXXII of 1969; Legal Notices: 48 of 1970, 24 and 93 of 1971, 48 of 1973, 50 of 1974; Act LVIII of 1974; Legal Notices: 56 of 1975, 63 of 1976; Acts: XXII and XXXIX of 1976; Legal Notices: 48 of 1977, 4 and 42 of 1978, 33 of 1979; Acts: III and XXIX of 1979; Legal Notices: 26 of 1980, 4 of 1981, 3 of 1982; Acts: XIII of 1983, XVI of 1997, I of 2004 and XIII of 2005; and Legal Notice 410 of 2007; and Act IV of 2011

Public Procurement Regulations: SL 174.04 of 2010 as amended by Legal Notices 47, 104, 255 and 312 of 2012; 65 and 397 of 2013, and 55, 132, 293 of 2014; and Act XXV of 2015 and Contracts Circular 13/2010

Data Protection Act – Chapter 440 of the Laws of Malta as amended by Acts XXXI of 2002 and IX of 2003, LN’s 181 and 186 of 2006, 426 of 2007 and Act XVI of 2008 and XXV of 2012; and Legal Notice 426 of 2012.

1.3.2 Cessation Premiums

The premiums to be paid for the permanent cessation of fishing vessels will be reflective of both the value of the vessels as well as the value of the fishing licences.

The value of the vessel will be calculated via a formula that will take into consideration the length of the vessel and the age of the vessel calculated on the year of construction.

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Material of Hull: Wood: 1.25 Iron/Steel: 0.90 Fibre: 1.30 Aluminium: 1

Coefficient as follows:

Material of the Hull x (Value according to the vessel’s length per metre – Percentage reduction according to age of vessel)

Where the value according to the length of the vessel will be as follows:

Metres (mt) Euro/per metre

< 6 mt € 3,500

≥ 6 to < 12 mt € 4,000

≥ 12 to < 15 mt € 4,500

≥ 15 to < 20 mt € 6,000

≥ 20 € 6,500

A percentage of the value according to the length of the vessels will be deducted depending on the age of the vessel:

Age of Vessel Percentage deduction

>5 20%

≥10 10%

≥15 3%

≥20 5%

≥25 10%

≥30 30%

≥40 45%

The value of the licence will be calculated on the average of the turnover of the fishing vessel in the last two years (2013 and 2014) plus a lump sum depending on the sector to which the vessel belongs (Trawlers or Lampara) as follows:

Lump sums according to the sector the vessel belongs:

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Trawlers 40,000 Euro

Lampara 18,000 Euro

Both fishing rights and vessel will be compensated for the complete scrapping of the fishing vessel and with the permanent deletion of the relative fishing vessel capacity from the Malta and Community Fishing Fleet Register. Only fishing rights will be compensated for the permanent reassignment of the vessel under the flag of a Member State and registered in the Community for activities outside fishing with the deletion of the vessel fishing capacity from the Malta and Community Fishing Fleet Register. Both fishing rights and vessel will be compensated for the reassignment of the vessel for the purpose of the creation of an artificial reef with the deletion of the relative vessel fishing capacity from the Malta and the Community Fishing Fleet Register. The maximum premium for Trawlers will be capped at Euro 350,000. The maximum premium for Lampara licence will be capped at Euro 250,000. 1.3.3 Adjudication Selection will be carried out by a duly appointed selection committee. Selection will be allotted on the basis of the Project Selection Criteria, approved by the EFF Monitoring Committee on the 18 April 2012 (the Project Selection Criteria is attached as an Annex to this document). The number of beneficiaries being granted funds will be determined according to the budget allocated to the scheme, budget available for the type of vessel and budget of the selected applications. Final beneficiaries being granted funds will be those applicants who submit applications that:

(a) meet all admissibility criteria; and

(b) achieve the highest points (as per the Project Selection Criteria approved by the EFF Monitoring Committee).

As per Manual of Procedures (Section 5.3) a minimum of 50% of the marks must be obtained for the project to be eligible for co-funding. Projects will be ranked according to the awarded points and type of license (Bottom Otter Trawls, and Lampara). Funds will be allocated in such a way so as to enable the targets established by the FEAPs to be achieved. Once these targets are achieved, funds will be allocated to the vessels obtaining the highest points. Projects receiving the highest marks will be first considered for grants and a list of

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approved projects will be established. Projects which attain the minimum pass mark but are not awarded the grant will be included in a reserve list according to the awarded points. The reserve list shall remain valid until the funds under the call are exhausted or until the MA / IB issues another fresh call under the Axis, whichever comes first. An indicative amount of approximately €800,0002 public funds (Malta and EU [EFF] Funds) is being made available. Projects will receive a maximum funding of 100% from the EFF fund and from the Maltese Government. As the scheme is competitive there is no guarantee that any or all projects will receive the grant. Value Added Tax is not an eligible expense; it is a cost to be totally borne by the final beneficiary of the grant.

1.3.4 Appeals

Any applicant who feels aggrieved by the result of the Selection Board may within ten (10) calendar days of the publication of the result, file a notice of objection with the Intermediate Body. Late appeals shall not be considered.

The Intermediate Body shall be precluded from concluding the offers during the period of ten (10) calendar days allowed for the submission of appeals. The award process shall be temporarily suspended if an appeal is submitted within the said timeframe. For the sake of clarity, in view of the fact that two separate lists ranking applicants separately for Bottom Otter Trawlers and Lampara shall be published, if an appeal/s concern only one category/list the IB shall not be precluded from concluding the award process in respect of successful eligible vessels under the other category/list.

In case of an appeal the conditions as stipulated in the English version will be utilized to arrive at a final decision.

The adjudication results by the Selection Board are to be considered as temporary and therefore are subject to change by the Appeals Board. The decision of the Appeals Board shall be considered as final without prejudice however to any course of action as allowed under the Laws of Malta.

The procedure to be followed in submitting and determining objections, as well as the conditions under which such objections may be filed shall be the following:

a) Any decision by the Selection Board, shall be made public as prescribed in Section 1.3.6 below;

2 An indicative amount of € 400,000 is being reserved for each type of licence: bottom otter trawlers and

lamapara The Managing Authority and/or the Intermediate Body reserves the right to increase/reduce, at its their discretion, the indicated total amount or the indicated amount for each type of licence in order to ensure that the goals established in the different FEAPs are reached.

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b) The notice of objection/s duly filed in accordance with these guidelines shall be made public by the Intermediate Body by not later than the next working day following its filing, which objection shall also be communicated directly to the Evaluation Board and to the interested parties. The Intermediate Body in issuing such a communication to the interested parties, relative to the notice of objection/s, shall also notify all parties of date of public hearing to be held before the Appeals Board;

c) The Appeals Board shall hold the hearing in public. During such hearing the objection shall be heard and both the complainant and any interested party shall have the right to attend and to be accompanied by any person, professional or otherwise, who they consider suitable to defend their interest, and to make their submissions before the Board. The Chairperson shall have the power to determine the procedure for the hearing of all objection/s lodged with the Intermediate Body and shall ensure that during the public hearing all interested parties are given the opportunity to make their case;

d) The decision of the Appeals Board shall be rendered in writing; the Board shall indicate the reasons upon which such decision was taken, and the decision shall be notified to the interested parties.

e) The Intermediate Body shall affix a signed copy of the decision of the Appeals Board on the notice-board of the department and shall forward copies of the decision to the applicant/s raising the objection and any persons who had registered or had an implied interest in the award of the grant.

1.3.5 Results The selection results will be published through a Government Notice and on the notice board of the Intermediate Body for grant schemes under the EFF and on the website of the Directorate: http://vafd.gov.mt/results

Projects will be listed in order of merit. Details of the unsuccessful applicants will be limited to the application number and Identity Card Number only of the person signing the application. Candidates will be informed of the results by means of a written communication by the Intermediate Body. In case of unsuccessful applicants, the communication to each applicant shall be accompanied by a summary of the relevant reasons relating to the rejection of the particular candidate’s application as set out in these guidelines and by a precise statement of the exact standstill period relating to the lodging of an appeal. The selection stage is based on the amount of marks gained by the project on the basis of the Project Selection Criteria.

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The results may be subject to the appeals procedure as detailed in Section 1.3.4 above, and are thus to be considered as temporary until the expiry of the ten (10) calendar days appeals period. If an appeal is lodged, the results will be suspended pending the decision of the Appeals Board.

1.3.6 Publicity For vessels which will be reassigned to non-fishing activities, publicity measures shall be in line with Chapter V of Commission Regulation (EC) No 498/2007, beneficiaries receiving the grant will be requested to affix a publicity plaque on vessels which will be reassigned. These plaques will be provided to Beneficiaries by the Intermediate Body.

1.3.7 On-the-spot checks The Intermediate Body and the EFF Managing Authority shall be responsible for the monitoring of the project implementation. The Intermediate Body may also contract third party expertise to support it in its control function. Furthermore the Intermediate Body and the Managing Authority reserve the right to conduct administrative and physical spot checks throughout the programme duration. The on-the-spot checks may verify the conditions of aid relating to:

1. Controls before the signature of the contract 2. Control prior to final payment 3. The Fishing Vessel Register 4. Other controls as may be deemed necessary.

The Intermediate Body also reserves the right to carry out checks on the project up to five years from the date of the financing decision in line with Article 56 of Council Regulation (EC) 1198/2006.

1.3.8 Payments & Monitoring Process

Public aid for final cessation paid to beneficiaries may not exceed the amounts shown in the Premiums section as indicated above.

The selected applicants will sign a grant agreement with the Intermediate Body and the final payment will be effected only when the project has been certified to have been completely carried out according to the proposal submitted and the conditions of the grant agreement. A payment request form has to be presented to the Intermediate Body (template to be provided together with the Grant Agreement) before payment is made. The request form has to be submitted to

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the Intermediate Body as soon as the cessation/reassignment of the fishing vessel is carried out, but not later than 2 calendar days from when this takes place. All projects are subject to an audit by both Malta and EC auditors, and programme evaluators. According to Article 87 of EFF Council Regulation No.1198/2006, all documents referred to in Section 1.2.1, together with a copy of the submitted application form and a copy of the Grant Agreement must be kept. Documents must be kept by the Final Beneficiaries at least until 2020. This period may be extended in case of legal proceedings or at the request of the European Commission. In accepting the offer of EU Funds, the Final Beneficiary will take on responsibility for compliance with terms and conditions as stipulated in the grant agreement. Failure to meet these conditions or any false information given in the application, any irregularities or miscalculations may lead to the recovery of the EU Funds granted.

Beneficiaries accept that, in accordance with the European Transparency initiative, their details including names of the operations and the amount of the public funding allocated to operations will be published electronically or otherwise.

Personal information will be processed in accordance with the requirements of the Data Protection Act (Cap.440). Without prejudice, documents while protecting all commercially sensitive information can be requested and published according to the Freedom of Information Act. The dissemination and/or publication of such documents will be subject to the safeguards provided by the Data Protection Act. Prior notification to concerned parties shall be given.

1.3.9 Final Submissions

The Intermediate Body and the Managing Authority retain the right to inspect the project at any stage. Final payment will be effected once it is ascertained that the project has been carried out according to the proposal submitted and the conditions of the Grant Agreement. 1.3.10 Conditions

By requesting the grant the beneficiaries acknowledge that:

Applicant must be the owner of the vessel and own a valid license for commercial fishing within A or B categories of the Malta Fishing Vessel Register. Vessels shall be registered as having a licence for bottom otter trawls or lampara.

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Vessels must be active vessels and must have shown fishing activity through landings and registration of catches in each of the previous 2 years, that is 2013 and 2014.

Vessel must be older than 5 years of age from year of construction.

Vessels must not have received assistance from the European Union under the FIFG and EFF schemes between 2010 – 2015.

Applications must be in conformity with the Fisheries Conservation and Management Act and any other applicable legislation.

By accepting the grant, the Beneficiaries acknowledge that they are willing to implement the project within the timeframes set by the Intermediate Body.

It is the responsibility of the applicant to ensure that the details on the different certificates tally between them and with the actual fishing vessel. For the sake of clarity, however, should there be any discrepancy between the Fishing Vessel Licence and the Certificate of Malta Registry, the latter shall prevail. However, should the actual vessel length, Gross Tonnage or engine power differ from those of the Certificate of Malta Registry, the applicant shall automatically be disqualified. If the discrepancy is identified following the signature of the Grant Agreement, the Grant Agreement shall ipso facto be declared null and void, and the IB may recover any allocated funds and/or proceed to award funds to the next in line. The IB shall not be held liable for any loss incurred by the applicant.

False or misleading information may lead to the applicant being disqualified and or funds being recovered. The IB shall not be held liable for any loss incurred by the applicant.

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Chapter 2 – Step by Step Guidelines to the Application Form Section 1 – Details of Vessel to be removed from Register of Fishers In this section, the applicant is to provide details with relation to his fishing vessel. Such information includes details which are to be obtained from the Fisheries Vessel Licence and the Certificate of Malta Registry issued by the Transport Malta. The applicant has to indicate whether he/she has received assistance from the European Union under the FIFG and EFF schemes in the last five years. The supporting documents to be attached to this section are the following:

1. Copy of the valid fishing vessel license

2. Copy of valid certificate of Malta Registry (issued in terms of the Merchant Shipping

Act) (Only obligatory for vessels 6m or over)

3. Three coloured photos clearly showing:

3a. Bow / Pruwa

3b. Stern / Poppa

3c. Beam / Żaqq

4. Coloured photo/s indicating the serial number for each engine listed on the

License.

5. For vessels which will be reassigned the applicant shall provide a written

declaration and plan/report describing the role to be assumed by the vessel

following the re-assignment and any permits (or application for permits) from

the relevant authorities or promise of sale agreement or other relevant

documentation in its original form.

Section 2 – Details of Owner/s and Applicant The applicant has to provide personal information including VAT Number and company details if applicable. Should the applicant apply on behalf of co-owners, details of co-owners are to be provided. The supporting documents to be attached to this section are the following:

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1. Copy of resolution by co-owners/Director appointing Applicant as sole

representative (where applicable)

2. Photocopy of ID cards of owner/s

3. ETC Employment History of the owners and co-owners

4. An original Power of Attorney by a Notary registered in the Maltese Notarial

Register (where applicable) as per Section 1.2 (Page 5)

The applicant is required to declare any litigation and/or garnishee orders which may have an impact on their application. In order to facilitate this, a dedicated field has been included in this year’s application form, which the applicant is required to fill in as applicable. Non-disclosure of any litigation shall disqualify the application. If such non-disclosure is identified following the signature of the Grant Agreement, the Grant Agreement shall ipso facto be declared null and void, and the IB may recover any allocated funds and/or proceed to award funds to the next in line. The IB shall not be held liable for any loss incurred by the applicant. Section 3 – Landings In this section, the applicant is to indicate the landings for each of the last 2 full calendar years (i.e. 2013 and 2014) for Direct Sales and Gross Fish Market Sales. The indicated sales have to be evidenced by copies of Direct Sales Notes and original sales certificates issued by the Department of Fisheries and Aquaculture in respect of sales carried out through the Fish Market for the last two years, (2013 and 2014). Applicants shall also attach to their application form copies of their catch logbooks and VMS records, in respect of the said years. The VMS records must be certified (signed and stamped) by an official from the Department of Fisheries and Aquaculture. The supporting documents to be attached to this section are the following:

1. Original sales certificates issued by the Fish Sales Data Unit within the

Department of Fisheries and Aquaculture for the last two years (2013, 2014)

2. Copies of Direct Sales Notes, for the last two years (2013 and 2014)

3. Copies of the catch logbook for 2013 and 2014:

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4. Copies of VMS records from the Department of Fisheries and Aquaculture for

2013 and 2014:

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Annex 1: Selection Criteria

Economic Criteria

Marks

1.1 A

Value of registered landings: Preference for scrapping to vessels with a higher value of landings. Points will be allocated according to minimum value of landings as per Schedule III of Subsidiary Legislation 425.07

Fishing vessels in category A (MFA)

Length of fishing boat

Minimum Value of landings in € as per S.L. 425.07

Value of Registered Landings in €

Points

< 5.99 metres

3,494.06 3,529 – 3,843.47

2

3,843.48 – 4,192.87

4

4,192.88 - 4,507.34

6

4,507.35 – 4,856.74

8

4,856.75 & over

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From 6 to 7.99 metres

9,317.49 9,410.66 – 10,249.24

2

10,249.25 – 11,180.99

4

11,181 – 12,019.56

6

12,019.57 – 12,951.31

8

12,951.32 & over

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From 8 to 11.99

12,811.55 12,939.67 – 14,092.71

2

20

metres

14,092.72 – 15,373.86

4

15,373.87 – 16,526.90

6

16,526.91 – 17,808.05

8

17,808.06 & over

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From 12 to 14.99 metres

16,305.61 16,468.67 – 17,936.17

2

17,936.18 – 19,566.73

4

19,566.74 – 21,034.24

6

21,034.25 – 22,664.80

8

22,664.81 & over

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From 15 metres upwards

34,900.60 35,249.61 – 38,390.66

2

38,390.67 – 41,880.72

4

41,880.73 – 45,021.77

6

45,021.78 – 48,511.83

8

48,511.84 & over

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Fishing vessels in Category B (MFB)

Length of fishing boat

Minimum Value of landings in € as per S.L. 425.07

Value of Registered Landings in €

Points

< 5.99 metres

1,164.69 1,176.34 – 1,281.16

2

1,281.17 – 1,397.63

4

1,397.64 – 1,502.45

6

1,502.46 – 1,618.92

8

1,618.93 & over

10

From 6 to 7.99 metres

1,747.03 1,764.50 – 1,921.73

2

1,921.74 – 2,096.44

4

2,096.45 – 2,253.67

6

2,253.68 – 2,428.37

8

2,428.38 & over

10

From 8 to 11.99 metres

2,329.37 2,352.66 – 2,562.31

2

2,562.32 – 2,795.24

4

2,795.25 – 6

22

3,004.89

3,004.90 – 3,237.82

8

3,237.83 & over

10

From 12 to 14.99 metres

3,494.06 3,529.00 – 3,843.47

2

3,843.48 – 4,192.87

4

4,192.88 – 4,507.34

6

4,507.35 – 4,856.74

8

4,856.75 & over

10

From 15 to 29.99 metres

5,823.43 5,881.66 – 6,405.77

2

6,405.78 – 6,988.12

4

6,988.13 – 7,512.22

6

7,512.23 – 8,094.57

8

8,094.58 & over

10

23

1.1 B

Rejuvenation of the fishing fleet: Preference for scrapping to older vessels.

Age Range (as on closing date of Application)

Points

>41 30

31 – 40 25

21 – 30 20

11 – 20 15

6 – 10 10

<5 Not

eligible

1.1 C

For vessels which will be re-assigned, the applicant shall provide a written declaration and plan/report describing the role to be assumed by the vessel following the re-assignment and any permits (or application for permits) from the relevant authorities or promise of sale agreement or other relevant documentation. It has to be noted that as per Article 4 (3) of the Implementing Regulation the premiums for operations

Activity Points

Reassignment to a different commercial activity

10

Non-commercial reassignment 5

Non-reassigned 0

24

involving re-assignment shall be adjusted to take into account criteria such as the market value of the fishing licence and the residual value of the vessel.

Social Criteria

1.1 D

Rejuvenation of the fishers’ population: Preference for scrapping of vessels owned by older fishers.

Age Range (of owner) as on closing date of Application

Points

>65 10

55-64 8

50-54 6

45-49 4

<44 2

Environmental criteria

1.1 E

Diversification to other activities: Preference for reassignment of traditional wooden hulled fishing boats (Luzzu, Kajjik, or Firilla) painted in traditional livery given the value of these for the tourism industry.

10 points for reassignment of traditional wooden hulled fishing boats (e.g. Luzzu, Kajjik, or Firilla) painted in traditional livery.

1.1 F

For vessels which will be scrapped,

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the applicant shall provide a written declaration and a plan/report describing the final destination of the vessel and the materials generated through the scrapping process. Points will be granted to Applicants who will send the material generated through the scrapping process for recycling.3

Activity Points

Recycling 10

No recycling 0

1.1 G

Engine Size: Higher marks will be granted to applications with the highest total engine power

(total Kw of engines).

Total power of Engines – Kw (rounded to nearest whole number)4

Points

Over 1000 10

501 - 1000 8

251 - 500 6

150 - 250 4

Under 150 2

1.1 H

Gross Tonnage: Higher marks will be granted to applications with the largest Gross Tonnage.

Gross Tonnage of Vessel– GT (rounded to nearest whole number)5

Points

Over 100 10

3 Applicants are reminded that, as indicated above the decommissioning of the vessels is going to take

place, ipso facto as soon as the vessel is transferred to the Government for the evaluation process mentioned above. By means of this procedure, the owner of the vessel would be forfeiting any right on that vessel, which right would be transferred to the Government. The Government is going to be committed to verify that all vessels would not be used for maritime activities., 4 Decimal Places of 0.5 will always be rounded up.

5 Decimal Places of 0.5 will always be rounded up.

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51 – 100 8

21- 50 6

11 – 20 4

1 – 10 2