Section 5 Consideration of applications
As soon as reasonably practicable after the date specified as the closing date for applications in a notice published under paragraph 4(1) the Ministers shall—
identify those applications made in pursuance of that notice which satisfy the foregoing provisions of this Scheme,
divide the bid included in each such application by the number of capacity units of the vessel concerned, and
place each such application in rank according to the result of the calculation referred to in sub-paragraph (b) above.
The Ministers may reject any application if they consider the amount of the bid in the application to be unreasonable, having regard to—
the extent to which the approval of the application would contribute towards the objectives of the United Kingdom’s multiannual guidance programme for its fishing fleet as approved in Commission Decision 92/593/EEC on a multiannual guidance programme for the fishing fleet of United Kingdom for the period 1993 to 1996 pursuant to Council Regulation (EEC) No. 4028/86f1;
the amount of money allocated to this Scheme.
The Ministers shall reject any application if they have reasonable grounds for suspecting that there has been any fixing or adjustment of the amount of a bid by, under or in accordance with any agreement (whether legally binding or not) or arrangement with another person.
Subject to sub-paragraphs (2) and (3) above and sub-paragraph (5) below, the Ministers shall select applications for approval by proceeding through the rank referred to in sub-paragraph (1)(c) above from the application incorporating the lowest amount bid per capacity unit towards the application incorporating the highest amount bid per capacity unit until the maximum amount of money allocated for the Scheme is reached.
Where as a result of the procedure referred to in sub-paragraph (4) above there are two or more identical bids per capacity unit which are higher than the amount of any other bid which has been selected for approval, and there is insufficient money to meet all of them, in deciding which bid or bids to accept the Ministers may take into account the number of days at sea spent on fishing trips in any part of the relevant area by each of the vessels concerned during the calendar years 1993 and 1994, as recorded in the vessel’s logbook, with a view to giving preference to vessels that spent more days at sea in those years.
Annotations
Footnotes
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O.J. No. L401, 31.12.92, p.33; Council Regulation (EEC) No. 4028/86 (O.J. No. L376, 31.12.86, p.7) was revoked by Council Regulation 2080/93 (O.J. No. L193, 31.7.93, p.1) but the Decision remains in force by virtue of Article 9 of the latter Regulation.