Green_Earth
Committee on Subsidies and Countervailing Measures - Subsidies - Replies to questions from Australia regarding the new and full notification of Chile
日期:2022/05/31
作者:Chile
文件編號:G/SCM/Q2/CHL/32
附件下載:GSCMQ2CHL32.pdf
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SUBSIDIES

REPLIES TO QUESTIONS FROM AUSTRALIA[1] REGARDING
THE NEW AND FULL NOTIFICATION OF CHILE
[2]

The following communication, dated and received on 27 May 2022, is being circulated at the request of the delegation of Chile.

 

_______________

 

 

IV. FUND FOR THE PROMOTION AND DEVELOPMENT OF REMOTE AREAS

 

The notification notes the range of the programme for small and medium-sized investors within specific remote and disadvantaged areas, including for small-scale fishing.

 

Question 1

 

How is "small-scale fishing" defined for the purposes of qualifying for this subsidy?

 

Question 2

 

Is this definition of "small-scale fishing" specific to this program under Decree-Law No. 3.529, which we understand is the authority of this Fund?

 

Reply to questions 1 and 2

 

The definition used in this programme is the same as the one used in the National Institute for the Sustainable Development of Small-Scale Fisheries and Aquaculture (INDESPA) programme and can be found below, in the reply to question 3. For the specific purposes of this subsidy, the definition indicated should be complemented by Decree-Law No. 3.529 and Decree having Force of Law No. 3.[3]

 

V. NATIONAL INSTITUTE FOR THE SUSTAINABLE DEVELOPMENT OF SMALL-SCALE FISHERIES AND AQUACULTURE

 

Australia notes that this programme brings together two former support programmes, previously notified by Chile.

 

Reply

 

It is indeed the case that Law No. 21.069, published on 15 February 2018, created INDESPA by merging two development funds for small-scale fishing: the Fisheries Administration Fund (FAP), under the auspices of the Undersecretariat of Fisheries and Aquaculture, and the Small-Scale Fishing Promotion Fund (FFPA), under the auspices of the National Fisheries and Aquaculture Service.

 

This new institution, formed as a decentralized public service, has its own legal status and assets. It is under the supervision of the President of the Republic through the Ministry of the Economy, Development and Tourism. Its mission is to encourage and promote the development of the small‑scale fisheries and aquaculture sector by coordinating forms of inter-agency cooperation and by providing technical support to the sector and to those who benefit from the sector in order to strengthen productive or commercial capacities in a way that helps small-scale fishing ports and related sectors to develop their natural, cultural and economic heritage in a harmonious and comprehensive manner.

 

Question 3

 

Similarly as noted above, how is "small-scale fishing" defined for the purposes of benefitting from this subsidy?

 

Reply

 

The term "small-scale fishing" is defined in the General Law on Fisheries and Aquaculture (LGPA) and in general terms refers to "extractive fishing activity carried out by natural persons who personally, directly and regularly work as small-scale fishers registered in the Small-Scale Fishing Registry, whether or not with the use of a small-scale fishing vessel" (Article 2.28 of the LGPA).

 

It also distinguishes between several categories of small-scale fishers, each of which is regulated in detail in the LGPA and its supplementary regulations.

 

Question 4

 

Are there conditionalities related to receipt of subsidies under this program?

 

Reply

 

Access to the benefits offered by the Institute is subject to certain requirements or positive conditionalities, namely, compliance with current regulations and prior registration in the corresponding public registries (the National Fisheries Service's Small-Scale Fishing Registry). Article 11 of Law No. 21.069 indicates that the benefits of the actions undertaken and services provided by INDESPA are restricted to:

 

(a)          small-scale fishers currently registered in the National Fisheries Service's Small-Scale Fishing Registry;

(b)         small-scale aquaculture farmers who, in accordance with the law, are officially registered in the registry that will be operated by the National Fisheries Service;

(c)          organizations and legal entities formed exclusively of legally established small-scale fishers and aquaculture farmers. Small-scale fishers and aquaculture farmers must be registered in the Small-Scale Fishing Registry and the Small-Scale Aquaculture Registry, respectively.

To access the benefits offered by INDESPA, small-scale fishers and aquaculture farmers, whether applying in a personal capacity or as part of an organization or legal entity, must comply with the requirements, criteria and procedures set out in the terms and conditions of the corresponding tendering procedure. The amount awarded shall be determined based on the type of project, the category and economic capacity of the project or the value of the assets used to undertake the activity.

 

Article 13 of Law No. 21.069 sets out the negative conditionalities that result in the non-admissibility of benefits. These conditionalities are related to the exercise of illegal, unreported and unregulated (IUU) fishing.



[1] G/SCM/Q2/CHL/31.

[2] G/SCM/N/372/CHL.

[3] The details of these regulations are available from the following links: Decree Law No. 3,529: https://www.bcn.cl/leychile/navegar/imprimir?idNorma=7162&idVersion=2020-03-01; Decree having Force of Law No. 3: https://www.bcn.cl/leychile/navegar?idNorma=188368.