I. – In the event of non-compliance with the condition of exclusivity of their activity or in the event of transfer of their co-ownership shares referred to in Article 238 bis HP within a period of less than five years, the companies defined in Article 238 bis HO must pay the Treasury compensation equal to 25% of the fraction of the capital that has not been used in a manner consistent with their purpose, without prejudice to the application of the provisions of article 1649 nonies A. The amount of this indemnity is excluded from deductible expenses for the purposes of calculating taxable profits. The assessment, collection and litigation of this indemnity are carried out and monitored in the same way as for direct taxes.
II. – In the event of non-compliance with the undertaking to operate in the overseas departments provided for in the tenth paragraph of II of article 238 bis HP, the companies defined in Article 238 bis HO or the owner of the vessel, if the transfer of ownership of the shares in the vessel from the approved company to the small-scale fisherman or the small-scale fishing company or the fishing outfitting company has already taken place, must pay the Treasury compensation corresponding to the amount of public aid in accordance with Article 3 of Council Regulation (EC) No 639/2004 of 30 March 2004 on the management of fishing fleets registered in the Community outermost regions. The amount of this compensation is excluded from deductible expenses when calculating taxable profits. The assessment, collection and litigation of this allowance are carried out and monitored in the same way as for direct taxes.