Machine Translation of "Royal Decree 938/2014, On 7 November, Amending Royal Decree 973/2009, June 12, By Which Regulated The Professional Quali..." (Spain)

Royal Decree 938/2014, On 7 November, Amending Royal Decree 973/2009, June 12, By Which Regulated The Professional Qualifications Of The Merchant Marine.

Original Language Title: Real Decreto 938/2014, de 7 de noviembre, por el que se modifica el Real Decreto 973/2009, de 12 de junio, por el que se regulan las titulaciones profesionales de la marina mercante.

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TEXT

The regulatory regulations for the different degrees to exercise professional activities on board the merchant ships have been collected in Royal Decree 973/2009 of June 12, for which the qualifications are regulated. (a) a merchant marine, in the Convention of the International Maritime Organization on standards of training, certification and guard for seafarers, made in London on 7 July 1978 (STCW Convention), as amended in Manila, 2010 (Manila amendments), and in Directive 2012/35/EU of the European Parliament and of the Council of 21 Directive 2008 /106/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2008 /106/EC of the European Parliament and of the Council on the minimum level of training in the maritime

The STCW Convention was incorporated into European Union legislation for the first time by Council Directive 94 /58/EC of 22 November 1994 on the minimum level of training in maritime professions. The Community legislation on the training and certification of seafarers was subsequently adapted to the amendments introduced in the STCW Convention and a common mechanism at the level of the European Union was also established for the recognition of seafarers. systems for the training and certification of seafarers from third countries. Subsequently, Directive 2008 /106/EC of the European Parliament and of the Council of 19 November 2006 provided the recast version of that Community legislation.

The Conference of States Parties to the STCW Convention held in Manila in 2010 introduced important amendments to the STCW Convention ("Manila amendments") and, in particular, to the Annex to the Convention and to the Code of Training, Titulation and The European Commission has been in a position to take the necessary steps to ensure that the European Parliament and the Council of the European Parliament and the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Union technologies.

The European Union adopted Directive 2012/35/EU of the European Parliament and of the Council of 21 November 2012 amending Directive 2008 /106/EC and introducing the 'Manila amendments' to the STCW Convention, which are the subject of incorporation into our legal order through the approval of this royal decree.

In its virtue, on the proposal of the Minister of Public Works, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on November 7, 2014,

DISPONGO:

Single item. Amendment of Royal Decree 973/2009 of 12 June 2009 regulating professional qualifications of the merchant marine.

Royal Decree 973/2009 of 12 June 2009 on the professional qualifications of the merchant navy is hereby amended as follows:

One. Article 2 (2) is worded as follows:

" 2. 'STCW Code' means the Code of Training, Certification and Watchkeeping for seafarers approved by Resolution 2 of the 1995 Conference, in its updated version. '

Two. Article 2 (3) and (6) shall be worded as

" 3. 'Professional title' means the professional title of merchant marine issued by the Spanish Maritime Administration which empowers its rightful holder to serve in the stipulated position and to carry out the duties provided for at the level of specified responsibility.

6. 'Certificate of specialisation' means the enabling of a maritime administration in accordance with international or national provisions, including the certificate of sufficiency, which empowers the holder to carry out certain tasks; and specialties provided for therein, in accordance with the type of vessel and responsibility on board. "

Three. A new paragraph 3a is added to Article 2 with the following wording:

"3 bis" Title of competence ": The title of competence issued by the administration of a State party to the STCW Convention for captains, officers and radiators of the World System of Maritime Relief and Security (SMSSM) with pursuant to Chapters II, III, IV and VII of the Annex to the STCW Convention and which empowers its rightful holder to serve in the stipulated position and to perform the functions provided for in the specified level of responsibility. '

Four. A new paragraph 6a is added to Article 2 with the following wording:

"6 bis" Certificate of sufficiency ": The certificate other than a certificate of competence issued to seafarers by an administration of a State party to the STCW Convention, in which the requirements are laid down relevant to the STCW Convention with regard to training, skills and the period of embarkation. '

Five. Article 2 (8) is worded as follows:

" 8. "Maritime Book or Marine Identity Document (DIM)" means the identity card of seafarers, including at least personal data and the relation of shipments. "

Six. Article 2 (11) is worded as follows:

" 11. "Passenger Vessel" means a vessel defined in the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74), as amended. "

Seven. Article 2 (15) is worded as follows:

" 15. 'Chemical tanker' means a merchant vessel constructed or adapted for the bulk transport of any of the liquid products listed in Chapter 17 of the International Chemical Bulk Carrier Code, in the current version. '

Eight. Article 2 (16) is worded as follows:

" 16. 'Liquefied gas tanker' means a merchant vessel constructed or adapted for the bulk transport of any of the liquefied gases or other products listed in Chapter 19 of the International Code of Gaseros, and used for that purpose. "

Nine. Article 2 (29) shall be read as

" 29. 'Student of bridge, machinery, radio or electronic equipment in practice' means the person receiving training on board ships, in order to acquire the appropriate maritime experience required by the provisions in force, in order to obtain a professional title of bridge, machine, radio or electrotechnical officer. "

Ten. Article 2 (32) is worded as follows:

" 32. 'embarkation period' means a service provided between the dates of embarkation and disembarkation on board a ship, as set out in the dispatch and allocation role or in any other official document of the ship or in the maritime book or in the identity document of the seafarer (DIM) and which counts for the issue or revalidation of a professional or competence certificate, a certificate of specialty or another qualification. "

Once. Article 2 (34) shall be read as

" 34. "Navigations close to the coast": The navigations along the Spanish coast within the area between the coast and the 60-mile line parallel to it, with the navigations being understood in a similar area close to the coast of the countries with which Spain has an agreement. "

Twelve. Article 2 (35) is worded as follows:

" 35. 'Radio Regulations' means the Radio Regulations annexed or considered to be annexed to the International Telecommunication Union (ITU) Convention, as amended. '

Thirteen. Nine new paragraphs are added to Article 2, listed from 37 to 45, with the following wording:

" 37. 'Global Maritime Relief and Safety System Operator' means the qualified officer in accordance with Chapter IV of the Annex to the STCW Convention.

38. "ISPS Code" means the International Code for the Protection of Ships and Port Facilities, adopted on 12 December 2002 by Resolution 2 of the Conference of the Contracting Governments of SOLAS 74, in its version updated.

39. 'ship protection officer' means the person on board the ship, responsible to the master and designated by the company to respond to the protection of the ship, which includes the implementation and maintenance of the ship's protection plan and the coordination with the company's officer for maritime protection and port facility protection officers.

40. 'Protection tasks' means all tasks and tasks of protection which are carried out on board ships as defined in Chapter XI/2 of SOLAS 74, as amended, and in the ISPS Code.

41. 'documentary evidence' means documentation, which is not a certificate of competence or a certificate of proficiency, used to determine that the relevant requirements of this royal decree are met.

42. 'Electrotechnical Officer' means a competent officer in accordance with Chapter III of the Annex to the STCW Convention.

43. 'First-bridge seaman' means a seaman qualified in accordance with Chapter II of the Annex to the STCW Convention.

44. 'First-machine sailor' means a seaman qualified in accordance with Chapter III of the Annex to the STCW Convention.

45. " Electrotechnical sailor ': A seaman qualified in accordance with Chapter III of the Annex to the STCW Convention

Fourteen. Article 3 (1) is worded as follows:

" 1. In order to carry out professionally on board Spanish merchant vessels as captain, skipper, officer who is a part of or may be a part of the navigation guards or the machinery chamber, the professional merchant marine card must be held in effect. "

Fifteen. Article 3 (2), (3) and (4) shall be worded as

" 2. In addition to the requirement referred to in the preceding paragraph, the crew members of the merchant vessels must be in possession of the relevant certificate of specification, depending on the type of vessel or the function performed by the vessel. on board, as determined in Chapters II, III, IV, V and VI of the Annex to the STCW Convention or other international provisions and in the national provisions in force.

3. The rest of the crew shall be in possession of the basic safety training certificate as defined in Regulation VI/1 of the Annex to the STCW Convention.

4. Before they are assigned to them on board, all persons employed or engaged on board a maritime shipping vessel other than passengers shall be provided with a security familiarisation which enables them to know how to act in the following cases. assumptions:

(a) Power to communicate with other persons on board with regard to elementary safety issues and to understand the symbols, signs and alarm signals that relate to security;

b) Know how to act in case of:

1. A person's fall into the sea.

2. ° Smoke or fire detection.

3. Occurrence of a fire alarm or ship abandonment.

c) Identify meeting and boarding positions and evacuation routes.

d) Locate and put on life jackets.

e) Give the alarm and have a basic knowledge of the use of portable fire extinguishers.

f) Take immediate action when encountering an accident or other emergency medical type, before requesting medical assistance on board.

g) Close and open fire doors, watertight and watertight doors, installed on the ship, other than hull openings. "

Sixteen. Article 4 is worded as follows:

" Article 4. Enumeration and denomination.

1. The professional titles of the merchant navy are as follows:

a) Captain of the merchant navy.

b) Pilot of the merchant navy.

c) A second merchant marine pilot.

d) Height pattern.

e) Coastal pattern.

f) Port pattern.

g) Head of merchant navy machines.

h) The merchant navy's first machine officer.

i) Merchant marine second machine officer.

j) Electrotechnical officer of the merchant navy.

k) Naval Major Mechanics.

l) Naval Mechanics.

m) The first radio officer of the merchant navy.

n) A second merchant marine radio officer.

o) General Operator of the Global Maritime Relief and Security System (SMSSM).

p) Restricted Operator of the Global Maritime Relief and Security System (SMSSM).

2. The titles listed in the previous paragraph are classified in three sections, called the bridge or deck section, the machines section and the radio communications section. The bridge section shall be the titles referred to in points (a) to (f), without prejudice to the multi-purpose functions of the port master's title. The section of machinery shall be the titles listed in points (g) to (l), and the titles referred to in (m) (n) or (p). '

seventeen. The introductory paragraph of Article 5 is read as follows:

" The professional title of merchant navy captain is a title of competence issued in accordance with Rule II/2 of the Annex to the STCW Convention and in Section A-II/2 of the STCW Code, applicable to the Master and first officer of the bridge of ships of gross tonnage equal to or greater than 3000 GT, whose requirements for obtaining and professional privileges are the following: "

Eighteen. Article 5 (1) (d) is worded as follows:

" (d) Take into force the medical examination carried out by the Social Institute of the Navy in accordance with Regulation I/9 of the Annex to the STCW Convention and section A-I/9 of the STCW code, at the time of the application for the title. certificate shall not be necessary if the person concerned already has a medical certificate of fitness for boarding, in force, issued by the Social Institute of the Navy. "

nineteen. The introductory paragraph of Article 6 is read as follows:

" The professional title of the merchant marine pilot is a title of competence issued in accordance with the provisions of Regulation II/2 of the Annex to the STCW Convention and in Section A-II/2 of the STCW Code, applicable to the Master and first officer of the bridge of ships of gross tonnage equal to or greater than 3000 GT, whose requirements for obtaining and professional privileges are the following: "

Twenty. Article 6 (1) (c) is read as follows:

" (c) Take into force the medical examination carried out by the Social Institute of the Navy in accordance with Regulation I/9 of the Annex to the STCW Convention and section A-I/9 of the STCW code, at the time of the application for the title. certificate shall not be necessary if the person concerned already has a medical certificate of fitness for the boarding in force, issued by the Social Institute of the Navy. "

Twenty-one. Article 6 (2) (b) and (c) shall be worded as follows:

" b) Exercise as captain of merchant vessels of gross tonnage not exceeding 500 GT in navigations close to the coast. The exercise of this allocation in navigations close to the coast of a Member State of the European Union or of a State Party to the STCW Convention shall be prior to the existence of a prior agreement between Spain and the States concerned. For the control of fishing vessels, the legislation in force shall be applicable.

(c) May exercise as captain of merchant vessels of gross tonnage not exceeding 3,000 GT. For this purpose, you must credit a shipping period of not less than 36 months as a bridge officer. This period may be reduced to no less than 24 months if the professional exercise of the master or first bridge officer is credited for a period of embarkation of at least 12 months. For the control of fishing vessels, the legislation in force shall be in force. "

Twenty-two. The introductory paragraph of Article 7 is read as follows:

" The professional title of the second merchant marine pilot is a certificate of competence issued in accordance with the provisions of rules Il/1 and II/2.4 of the Annex to the STCW Convention applicable to the captions of captains and first bridge officers of vessels of gross tonnage between 500 and 3000 GT, and II/3 of the Annex to the STCW Convention, and sections A-II/1, A-II/2.5 and A-II/3 of the STCW code, the requirements for obtaining and professional privileges are those of the STCW Convention. following: "

Twenty-three. Article 7 (1) (b), (c) and (d) shall be worded as follows:

" (b) Haber has completed a boarding period of not less than 12 months as a trainee bridge pupil, carrying out at least six months of activities of the navigation guard, as part of a training programme according to the requirements of section A-II/1 under the supervision of the master or a qualified officer. This training should be reflected in the student training record book.

c) Take into force the medical examination carried out by the Social Institute of the Navy in accordance with Regulation I/9 of the Annex to the STCW Convention and section A-I/9 of the STCW code, at the time of the application for the title. certificate shall not be necessary if the person concerned already has a medical certificate of fitness for boarding, in force, issued by the Social Institute of the Navy.

(d) Have passed the test of professional suitability determined by the Ministry of Public Works, in accordance with the rules of competence of sections A-II/1, A-II/2.5 and A-II/3 of the STCW code and taking into account the section A-VIII/2 of the STCW code, which establishes the organization of the guards and principles to be observed. "

Twenty-four. Article 7 (2) (b) is read as follows:

" b) Exercise as captain of merchant vessels of gross tonnage not exceeding 500 GT in navigations close to the coast. To do so, you must credit a boarding period of no less than 12 months as a bridge officer. The exercise of this allocation in navigations close to the coast of a Member State of the European Union or of a State Party to the STCW Convention shall be prior to the existence of a prior agreement between Spain and the States concerned. For the control of fishing vessels, the legislation in force shall be in force. "

Twenty-five. The introductory paragraph of Article 8 is read as follows:

" The professional title of the merchant marine height pattern is a certificate of competence issued in accordance with the provisions of rules II/1, II/2.4 of the Annex to the STCW Convention applicable to the captions of captains and First bridge officers of vessels of gross tonnage between 500 and 3000 GT, and II/3 of the Annex to the STCW Convention and sections A-II/1, A-II/2.5 and A-II/3 of the STCW code, the procurement requirements of which are as follows: '

Twenty-six. Article 8 (1) (c) is read as follows:

Twenty-seven. Article 8 (1) (e) is worded as follows:

" (e) Haber has passed the test of professional suitability determined by the Ministry of Public Works, in accordance with the rules of competence of sections A-II/1, A-II/2.5 and A-II/3 of the STCW code and taking into account the section A-VIII/2 of the STCW code that establishes the organization of the guards and principles to be observed. "

Twenty-eight. Article 8 (2) (b) is read as follows:

" (b) May exercise as a patron, in navigations close to the coast, on merchant ships with a gross tonnage not exceeding 500 GT, as well as a maximum of 350 passengers. To do so, you must credit a boarding period of no less than 12 months as a bridge officer. For the control of fishing vessels, the legislation will be in force. The exercise of this allocation in navigations close to the coast of a Member State of the European Union or of a State Party to the STCW Convention shall in advance count on the existence of a prior agreement between Spain and the States. affected. "

Twenty-nine. The introductory paragraph of Article 9 is read as follows:

" The professional title of the merchant marine littoral pattern is a certificate of competence issued in accordance with the provisions of rules II/1 and II/3 of the Annex to the STCW Convention and in sections A-II/1 and A-II/3 of the Code STCW applicable to the certification of the officers in charge of the navigation guard and the captains of vessels of gross tonnage up to 500 GT, whose requirements for obtaining and attributions are as follows: "

Thirty. Article 9 (1) (c) and (e) shall be worded as follows:

" (c) Take into force the medical examination carried out by the Social Institute of the Navy in accordance with Regulation I/9 of the Annex to the STCW Convention and section A-I/9 of the STCW code, at the time of the application for the title. certificate shall not be necessary if the person concerned already has a medical certificate of fitness for boarding, in force, issued by the Social Institute of the Navy. "

" (e) Having passed the test of professional suitability determined by the Ministry of Public Works, in accordance with the competition rules of sections A-II/1 and A-II/3 of the STCW code and taking into account section A-VIII/2 of the STCW code that establishes the organization of the guards and principles to be observed. "

Thirty-one. Article 9 (2) (b) and (c) shall be worded as follows:

" (b) May exercise as a master or first officer of bridge on merchant ships with a gross tonnage not exceeding 200 GT and a maximum of 250 passengers, in navigations made along the coast within the area between this and the 30-mile line parallel to it. For this purpose, it shall establish a shipping period on vessels of not less than 12 months as a bridge officer. For the control of fishing vessels, the legislation will be in force. The exercise of this allocation in navigations close to the coast of a Member State of the European Union or of a State Party to the STCW Convention shall in advance count on the existence of a prior agreement between Spain and the States. affected.

c) Exercise as a master or first bridge officer on merchant ships with a gross tonnage not exceeding 500 GT, in navigations close to the coast. To this end, it shall establish a shipping period on vessels of not less than 36 months as a bridge officer. This period may be reduced to no less than 24 months if you credit the employer's professional exercise or first bridge officer during a boarding period of at least 12 months. For the control of fishing vessels, the legislation will be in force. The exercise of this allocation in navigations close to the coast of a Member State of the European Union or of a State Party to the STCW Convention shall in advance count on the existence of a prior agreement between Spain and the States. affected. "

Thirty-two. Article 10 (1) (d) is worded as follows:

Thirty-three. In Article 10 (1), a new point (e) is added with the following wording:

"e) To be in possession of the basic training specialty certificates in safety, restricted operator of the global maritime distress and safety system and initial specific health training certificate."

Thirty-four. The introductory paragraph of Article 11 is read as follows:

" The professional title of merchant marine machine head is a certificate of competence issued in accordance with Rule III/2 of the Annex to the STCW Convention and in Section A-III/2 of the STCW code applicable to the certification of the heads of machinery and the first officers of a ship machine whose main propulsion machine has a power equal to or greater than 3,000 kW, the requirements for obtaining and professional privileges are as follows: '

Thirty-five. Article 11 (1) (c) is read as follows:

" (c) A person who has been employed as a machine officer during a boarding period not less than 36 months. However, this period may be reduced to a minimum of 24 months if service has been provided as the first machinery officer for a period of not less than 12 months. '

Thirty-six. Article 11 (1) (d) is read as follows:

" (d) Take into force the medical examination carried out by the Social Institute of the Navy in accordance with Regulation I/9 of the Annex to the STCW Convention and section A-I/9 of the STCW code, at the time of the application for the title. certificate shall not be necessary if the person concerned already has a medical certificate of fitness for the boarding in force, issued by the Social Institute of the Navy. "

Thirty-seven. A new independent paragraph is added at the end of Article 11 (2) with the following wording:

"To exercise professionally on board fishing vessels will be subject to the legislation in force."

Thirty-eight. The introductory paragraph of Article 12 is read as follows:

" The professional title of the merchant navy's first machine officer is a certificate of competence issued in accordance with Rule III/2 of the Annex to the STCW Convention and in Section A-III/2 of the STCW Code (a) to be used for the certification of the heads of machinery and the first officers of a ship machine whose main propulsion machine has a power equal to or greater than 3,000 kW, the requirements for which are to be obtained and professional following: "

Thirty-nine. Article 12 (1) (c) is read as follows:

Forty. Article 12 (2) (b) is read as follows:

" b) Exercise as head of machines on merchant ships up to a power of 3,000 kW. To do so, you must accredit 24 months as a machine officer. "

Forty-one. A new independent paragraph is added at the end of Article 12 (2) with the following wording:

"To exercise professionally on board fishing vessels will be subject to the legislation in force."

Forty-two. The introductory paragraph of Article 13 is worded as follows:

" The professional title of the second merchant marine machine officer is a certificate of competence issued in accordance with Rule III/1 and III/3 of the Annex to the STCW Convention and in Sections A-III/1 and A-III/3 of the STCW code applicable to the certification of officers in charge of the guard of a chamber of machines and heads of machines and first officers of machines of vessels whose main propulsion machine has a power of between 750 kW and 3,000 kW, the requirements for obtaining and professional privileges are as follows: "

Forty-three. Article 13 (1) (b) is read as follows:

" (b) There has been a combination of workshop training and boarding period of not less than 12 months, of which 6 months, at least, will be a boarding period as a student of machines carrying out tasks related to the guard in the machinery chamber under the supervision of the head of machinery or of a qualified machinery officer, in accordance with the provisions of Section A-III/1 and A-III/3 of the STCW code. This shall be recorded in the training record book. '

Forty-four. Article 13 (1) (c) is read as follows:

Forty-five. Article 13 (1) (d) is read as follows:

" (d) Have passed the test of professional suitability determined by the Ministry of Public Works, in accordance with the rules of competence of sections A-III/1 and A-III/3 of the STCW code and taking into account section A-VIII/2 of the STCW code, which establishes the organization of the guards and principles to be observed. "

Forty-six. Article 13 (2) (b) is read as follows:

" (b) It may be the first official of machines on merchant ships powered by up to 3,000 kW. For this purpose, you must credit a shipping period of not less than 12 months as an official of machines. "

Forty-seven. A new independent paragraph is added at the end of Article 13 (2) with the following wording:

"To exercise professionally on board fishing vessels will be subject to the legislation in force."

Forty-eight. The introductory paragraph of Article 14 is read as follows:

" The professional title of naval major mechanic is a title of competence in accordance with rules III/1 and III/3 of the Annex to the STCW Convention and in sections A-III/1 and A-III/3 of the STCW code, the requirements of which The following are the following: "

Forty-nine. Article 14 (1) (d) is read as follows:

" (d) Take into force the medical examination carried out by the Social Institute of the Navy in accordance with Regulation I/9 of the Annex to the STCW Convention and section A-I/9 of the STCW code, at the time of the application for the title. certificate shall not be necessary if the person concerned already has a medical certificate of fitness for the boarding in force, issued by the Social Institute of the Navy. "

Fifty. Article 14 (1) (d) is read as follows:

" (d) Have completed a combination of workshop training and boarding period of not less than 12 months, of which 6 months, at least, shall be a boarding period as a sailor or a student of machines carrying out duties related to the guard in the chamber of machines, under the supervision of the head of machines or a qualified machine officer. This training should be reflected in the student training record book. "

Fifty-one. Article 14 (1) (e) is read as follows:

" (e) Having passed the test of professional suitability determined by the Ministry of Public Works, in accordance with the competition rules of sections A-III/1 and A-III/3 of the STCW code and taking into account section A-VIII/2 of the STCW code, which establishes the organization of the guards and principles to be observed. "

Fifty-two. Article 14 (2) (a) and (e) shall be worded as follows:

" (a) Exercise of machinery officer on merchant ships of propellant power not exceeding 3,000 kW. First officer of machines on merchant ships of propellant power not exceeding 3,000 kW when a boarding period is credited as an official of machines of not less than 12 months. "

" (e) Exercise as head of machines on merchant ships of propulsion power not exceeding 6,000 kW, when in addition to crediting a shipping period as an official of machines of not less than 36 months on propellant vessels between 500 and 3,000 kW, of which at least 12 months must have fulfilled the position of first officer of machinery, proof that a course has been completed in an approved training centre for the delivery of the title of higher technician in the supervision and control of machines and installations of the vessel. The duration and the subjects to be taught in the course shall be established by resolution of the Director General of the Merchant Navy. "

Fifty-three. A new independent paragraph is added at the end of Article 14 (2) with the following wording:

"To exercise professionally on board fishing vessels will be subject to the legislation in force."

Fifty-four. The introductory paragraph of Article 15 is read as follows:

" The professional title of naval mechanic is a title of competence in accordance with the provisions of rules III/1 and III/3 of the Annex to the STCW Convention, and sections A-III/1 and A-III/3 of the STCW code, the requirements of which procurement and attributions are as follows: "

Fifty-five. Article 15 (1) (c) is read as follows:

Fifty-six. Article 15 (1) (d) shall be read as follows:

Fifty-seven. Article 15 (1) (e) is read as follows:

Fifty-eight. Article 15 (2) (a) is read as follows:

Fifty-nine. A new independent paragraph is added at the end of Article 15 (2) with the following wording:

"To exercise professionally on board fishing vessels will be subject to the legislation in force."

Sixty. The introductory paragraph of Article 16 is read as follows:

" The professional title of the first commercial marine radio officer is a certificate of competence issued in accordance with the provisions of Chapter IV of the STCW Code, Parts A and B, applicable to the radio officers, in Chapter IV of the SOLAS Convention and with the Radio Regulations, whose requirements for obtaining and professional privileges are as follows: "

Sixty-one. Article 16 (1) (c) is read as follows:

" (c) Take into force the medical examination carried out by the Social Institute of the Navy in accordance with Regulation I/9 of the Annex to the STCW Convention and section A-I/9 of the STCW code, at the time of the application for the title. certificate shall not be necessary if the person concerned already has a medical certificate of fitness for boarding, in force, issued by the Social Institute of the Navy. "

Sixty-two. The introductory paragraph of Article 17 is read as follows:

" The professional title of the second merchant marine radio officer is a certificate of competence issued in accordance with the provisions of Chapter IV of the STCW code parts A and B applicable to the certification of the Radio and electronic equipment, in Chapter IV of the SOLAS Convention and with the Radio Regulations, whose requirements for obtaining and professional privileges are as follows: "

Sixty-three. Article 17 (1) (c) is read as follows:

" (c) Take into force the medical examination carried out by the Social Institute of the Navy in accordance with Regulation I/9 of the Annex to the STCW Convention and section A-I/9 of the STCW code, at the time of the application for the title. certificate shall not be necessary if the person concerned already has a medical certificate of fitness for boarding, in force, issued by the Social Institute of the Navy. "

Sixty-four. Article 17 (1) (d) is worded as follows:

" (d) Have passed the test of professional suitability determined by the Ministry of Public Works, in accordance with Chapter IV of the STCW code parts A and B applicable to the certification of the radio officers, in the chapter IV of the SOLAS Convention and the Radio Regulations and taking into account section A-VIII/2 which establishes the organisation of the guards and principles to be observed. "

Sixty-five. Article 18 is worded as follows:

" Article 18. Electrotechnical officer of the merchant navy

The professional title of the merchant marine electrotechnical officer is a title of competence, issued in accordance with Rule III/6 of the Annex to the STCW Convention and in Section A-III/6 of the STCW Code, applicable the certification of an electrotechnical officer serving on seagoing vessels of which the main propulsion machine has a power equal to or greater than 750 kW.

The requirements for obtaining and the privileges of the professional title of the merchant marine electrotechnical officer are as follows:

1. Get Requirements:

(a) To be in possession of the official university degree of diploma, degree or degree in those teachings that incorporate the knowledge required to provide services at the operational level according to paragraph 1.3 of Section A-I/1 of the STCW code and in accordance with Regulation III/6 of the Annex to the STCW Convention and Section A-III/6 of the STCW Code.

b) Take into force the medical examination carried out by the Social Institute of the Navy in accordance with Regulation I/9 of the Annex to the STCW Convention and section A-I/9 of the STCW code, at the time of the application for the title. certificate shall not be necessary if the person concerned already has a medical certificate of fitness for boarding, in force, issued by the Social Institute of the Navy.

c) Have completed a combination of workshop training and approved seagoing period of not less than 12 months, of which 6 months, at least, will correspond to the embarkation period as part of a training programme approved to comply with the requirements of section A-III/6 of the STCW code and the record

in an approved training record, or a combination of workshop training and approved seagoing period of not less than 36 months, of which 30 months at least correspond to the embarkation period in the Machine section.

d) Meet the corresponding competition rules of sections A-III/6 of the STCW code.

2. Attributions:

(a) to carry out the charge of electrotechnical officer on merchant ships whose main propulsion machine has a power equal to or greater than 750 kW.

b) Professionally exercise all activities related to your profession.

To exercise professionally on board fishing vessels will be subject to current legislation. "

Sixty-six. Article 19 is worded as follows:

" Article 19. General operator of the Global Maritime Relief and Security System.

The general operator of the Global Maritime Safety and Security System is a competition certificate issued in accordance with Rule IV of the Annex to the STCW Convention and Section A-IV/2 of the applicable STCW Code the radio communications and radio operators, in the Radio Regulations and in Chapter IV of the SOLAS Convention, and other guidelines of the International Maritime Organisation and the European Union.

1. Get Requirements:

a) Haber turned 18.

b) Having successfully completed the course approved by the Directorate-General of the Merchant Navy developing the competition rules of Section A-IV/2 of the STCW code or in possession of professional qualifications referred to in Articles 5, 6, 7, 8, 9, 16 and 17 of this royal decree.

2. Attributions: To exercise as a radiator of the SMSSM, in any area of navigation as defined in Chapter IV of the SOLAS Convention, and in Royal Decree 1185/2006 of 16 October, approving the regulation governing the maritime radio communications on board the Spanish merchant vessels.

To exercise professionally on board fishing vessels will be subject to current legislation. "

Sixty-seven. Article 19a is added with the following wording:

" Article 19a). Restricted operator of the Global Maritime Relief and Security System.

The restricted operator of the Global Maritime Relief and Safety System is a certificate of competence issued in accordance with Rule IV of the Annex to the STCW Convention and Section A-IV/2 of the STCW Code. applicable to the radio communications and radio operators, the Radio Regulations and Chapter IV of the SOLAS Convention and other guidelines of the International Maritime Organisation and the European Union.

1. Get Requirements:

a) Haber turned 18.

b) Have successfully completed the course approved by the General Directorate of the Merchant Navy that develops the competition rules of Section A-IV/2 of the STCW code.

2. Attributions:

To exercise as a radioperator of the SMSSM, in zone A1 as defined in Chapter IV of the SOLAS Convention, as well as with the provisions of Royal Decree 1185/2006 of 16 October 2006 approving the regulation governing the maritime radio communications on board the Spanish merchant vessels.

To exercise professionally on board fishing vessels will be subject to current legislation. "

Sixty-eight. Article 20 (3) is worded as follows:

" 3. The centres approved by the Directorate-General of the Merchant Marine to carry out the necessary training for the obtaining of the certificates of marine specialty and the title of harbour pattern, as well as the certificates of sufficiency of Seaman of the merchant marine bridge, seaman of the merchant marine bridge, sailor of machines of the merchant marine, sailor of first of machines of the merchant marine and the electrotechnical sailor, they will have to develop the system of standards to ensure the quality determined by the Ministry of Public Works. "

Sixty-nine. Article 22 (1) shall be read as

" 1. University and vocational training centres which develop processes for the training of those regulated in the STCW Convention and centres approved by the Directorate-General of the Merchant Navy for the provision of training courses leading to the obtaining of the professional title of harbour pattern, of the certificates of sufficiency of seaman of the merchant marine bridge, sailor of first bridge of the merchant marine, sailor of machines of the merchant marine, sailor of first of Machinery of the merchant marine and electrotechnical seaman, as well as those of certificates of maritime craft, shall provide the General Directorate of the Merchant Navy with the information required by Regulation I/7 of the Annex to the STCW Convention and Section A-I/7 of the STCW Code, concerning the measures taken to give full and total effectiveness of its provisions with regard to the implementation of the system of standards of quality, compliance and development of the rules of competition and independent audits. "

Seventy. Article 24 is worded as follows:

" Article 24. Use of simulators.

The simulators used in the maritime training or their assessment or demonstration of proficiency on a continuous basis for revalidation shall comply with the provisions of section A-I/12 of the STCW code, taking into account recommendations of Section B-1/12 of the STCW code, as well as the requirements specified in Part A of that Code for the title concerned, as regards:

a) All mandatory training with simulators,

(b) Any assessment of the competence that part A of the STCW code requires and which must be carried out with a simulator, and

Seventy-one. The heading and Article 25 (1), (3), (5) and (6) shall be worded as follows:

" Article 25. Students in bridge, machine, radio and electrotechnics practices.

1. Students in bridge, machine, radio and electrotechnics practices that are carrying out the boarding periods required by the current regulations for obtaining the titles of the merchant marine will not be part of the minimum safety crew of the ship.

These students will have to carry out their training in order to apply the theoretical and practical knowledge acquired in their training, in order to obtain the necessary experience for the professional exercise of the title to which they choose.

Trainees will be under the supervision of the captain, the employer, the head of machines or the officers of the relevant service and will be able to assist them in carrying out the navigation guards, in the chamber of machines and on the radio station.

3. The students will count as part of the ship's endowment, for the purposes of the provisions of the additional provision sixteenth of the Royal Decree of Law 2/2011, of 5 September, for which the recast text of the Law of Ports of the State and the merchant navy, on boarding on merchant vessels registered in the Special Register of Shipping and Shipping Companies when they are engaged in a contract in practice as provided for in Article 11 of the Staff Regulations, Recast text approved by Royal Legislative Decree 1/1995 of 24 March.

In this case, the company must bear the costs of insurance and travel expenses and boarding and disembarkation allowances.

5. For the boarding of pupils in bridge, machine, radio and electrotechnics, the basic training certificate set out in Rule VI/1 of the Annex to the STCW Convention and the certificate of pupil issued shall be required. by the training centre, school or faculty, at the beginning of the traineeship period which accredits knowledge training of the contents of the tables in the relevant sections of the STCW code.

6. The periods of embarkation carried out in the course of the nautical lessons of machines, bridge, radio and electrotechnical shall be made available for obtaining the corresponding professional title. "

Seventy-two. Article 26 (2) is worded as follows:

" 2. The endorsement contained in the merchant marine professional card shall be issued with the same privileges and limitations of the respective professional title, in accordance with the rules V/1 -1 and V/1 -2 of the Annex to the STCW Convention if the Provisions of the STCW Convention and of this Royal Decree. This forecast is applicable to the endorsement of the certificates of sufficiency. "

Seventy-three. Article 27 (1) (b) is read as follows:

"b) That the medical recognition performed by the Social Institute of the Navy has been exceeded."

Seventy-four. Article 28 (1) (a) and (b) shall be worded as follows:

" a) Demonstrate adequate physical fitness, by means of the medical certificate issued by the Social Institute of the Navy at the time of application.

b) Demonstrate the continuity of professional competence by crediting one of the following conditions:

1. Höber have completed a boarding period of at least 12 months during the preceding 5 years, or 3 months during the 6 months immediately prior to the revalidation, performing functions of the professional card to revalidate or rank officer less than the one for which the card is considered valid.

2. º Haber passed a test or an upgrade course recognized by the General Direction of the Merchant Navy.

3. º Haber performed functions considered equivalent to the shipping period stipulated in point 1. of point (b) of this paragraph. "

Seventy-five. Article 28 (3) is deleted.

Seventy-six. Article 29 is worded as follows:

" The holders of the approval credentials for foreign academic qualifications issued by the competent Spanish administration may request the issuance of the corresponding professional card of the marine merchant, presenting such a credential instead of the corresponding academic degree, without prejudice to the need to comply with the rest of the requirements set forth in the present royal decree for obtaining the professional title of the marine corresponding merchant.

To exercise the functions corresponding to the level of management they must pass a test on knowledge of the Spanish maritime legislation. "

Seventy-seven. Article 30 is worded as follows:

" Article 30. Professional title of harbour pattern, certificates of specialty and certificates of proficiency of seaman of the merchant navy, sailor of first bridge of the merchant navy, sailor of machines of the merchant marine, First sailor of the merchant marine and electrotechnical seaman.

Without prejudice to the competences of the Ministry of Agriculture, Food and the Environment, in the field of training and teaching of professional nautical-fishing and sub-aquaculture in respect of the fishing vessels, it is for the Directorate-General of the Merchant Navy to determine the training programmes, the conditions for approval and control of training centres, the conditions for obtaining and revalidation of certificates of (a) the qualifications and qualifications of the professional competence; the crew members who perform professional duties on board the Spanish merchant vessels must be available.

These same competences will be of application in the case of the title of harbour pattern, and of the certificates of sufficiency of the marine bridge seaman, sailor of first bridge of the merchant marine, sailor Machines of the merchant marine, seaman of the first of the machines of the merchant marine and the electrotechnical sailor. "

Seventy-eight. Article 33 is worded as follows:

" Article 33. Issue, validation, revalidation and issuance of duplicate certificates and professional cards of the merchant navy.

1. The issue, validation, revalidation and the issue of duplicate certificates and professional cards of the merchant navy may be refused only on grounds of psycho-physical fitness, where the medical examination carried out by the Institute Social of the Navy, figure with "unfit".

2. In the case of "restrictions fit", the issue, validation, revalidation and issue of duplicate of the title and professional cards of the merchant navy shall be refused only where the restrictions are related to the hearing or hearing which may impede the performance of the privileges of the relevant professional title.

However, the corresponding card may be extended to enable work on other ship services. In this case the card will be extended with the corresponding limitation. "

Seventy-nine. Article 34 is worded as follows:

" Article 34. Registration of professional titles and specialty certificates.

1. The Ministry of Public Works, through the Directorate General of the Merchant Navy, will carry out the control and registration of the documentation that served for the expedition, revalidation and duplicates of the professional titles and cards, as well as the certificates of specialty which are required for the purpose of exercising on board merchant vessels. The register shall contain information regarding documents issued, expired, revalidated, suspended, cancelled, lost, and destroyed, as well as of the waivers granted, in accordance with Regulation I/9 of the Annex to the STCW Convention and other national or European Union provisions and shall keep a copy of the title, card or certificate delivered.

2. Without prejudice to existing data protection provisions, information on the status of professional qualifications, referendums and waivers may be provided to other administrations or companies when they request verification of the data. authenticity and validity of the certificates submitted by seafarers applying for recognition of such certificates as required by Regulation I/10 of the Annex to the STCW Convention, or the contracting of their services on board. '

Eighty. Article 36 (2) (a) is read as follows:

" (a) That the crew of the merchant vessel for which a certificate of competence is required, or certificate of sufficiency, in accordance with the STCW Convention is in possession of that title, or a waiver of title or certificate of a specialty, or a documentary evidence that it has submitted an application for the obtaining of a endorsement of the recognition of a competition certificate with the authorities of the flag State of the vessel. '

Eighty-one. The introductory paragraph of Article 36 (3) shall be read as

" 3. The inspection may also check professional competence to observe the rules relating to guards and protection, as appropriate, where there are reasonable grounds for failure to comply with the above rules for any of the following assumptions: "

Eighty-two. Article 36 (3) (d) shall be read as follows:

"(d) that the operational functioning of the ship is such that it poses a danger to persons, property or the environment, or is in the interests of protection."

Eighty-three. The heading and paragraphs 1 to 4 of Article 37 shall be worded as follows:

" Article 37. General rules on the recognition of certificates of competence and certificates of proficiency issued by other States.

1. Certificates of competence, and certificates of proficiency in V/1 -1 and V/1 -2 of the Annex to the STCW Convention, to masters, employers and officers issued by other States, provided that they are part of the STCW Convention and are fulfilled, may be recognised. the conditions prescribed in this Royal Decree.

They will not be accepted for recognition, endorsements of certificates and certificates issued by a different State than the one that issued it. The title and certificate the recognition of which is requested shall include the endorsement of the State which issued it and which accredits compliance with the provisions of the STCW Convention, in the model set out in section A-I/2 of the STCW code.

2. In order to be part of the envelope of a Spanish vessel as captain, skipper, officer or radioperator of the SMSSM, recognition of those certificates of competence, and certificates of sufficiency of the rules V/1 -1 and V/1 -2 of the Annex of the STCW Convention, issued by other States Parties to the STCW Convention. The recognition shall be carried out by endorsement, at the request of the person concerned or the shipping company, in accordance with Regulation I/10 of the Annex to the STCW Convention and Section A-I/10 of the STCW code; for which the corresponding professional merchant marine card and specialty certificates applicable to rules V/1 -1 and V/1 -2 of the Annex to the STCW Convention.

3. The recognition of the titles of competence which they enable for the exercise of master or first officer of bridge will require the overcoming of a test on knowledge of the Spanish maritime legislation. The Ministry of Public Works may also require the testing of holders of professional qualifications to be carried out as head or first officer of the machinery.

4. If the title of competence or certificate of sufficiency that is intended to be endorsed, is subject to some limitation as to the tonnage of the vessel, the propellant power, the area of navigation or any other nature, the endorsement shall be perform without exceeding the limitations of the respective title or certificate. '

Eighty-four. Article 38 is worded as follows:

" Article 38. Specific rules on the recognition of certificates of competence and certificates of proficiency issued by Member States of the European Union and the European Economic Area.

1. The Directorate-General of the Merchant Marine may directly recognise the certificates of competence, and the certificates of proficiency in the rules V/1 -1 and V/1 -2 of the Annex to the STCW Convention, issued by a Member State of the European Union and of the European Economic Area, in accordance with Community or national implementing legislation.

2. The citizens of the European Union, the European Economic Area and Switzerland, who hold a title of competence with sufficient powers for the position, issued by a State other than Spain, after the proof of knowledge of the Spanish maritime legislation, may exercise as captain or first officer of bridge on Spanish merchant ships, except in the cases in which it is established by the Spanish maritime administration that these jobs are to be performed by citizens of Spanish nationality for involving the effective exercise of their prerogatives public authorities that do not represent a very small part of their activities. "

Eighty-five. Article 39 is worded as follows:

" Article 39. Specific rules on the recognition of certificates of competence and certificates of proficiency issued by non-EU Member States. '

1. The Ministry of Public Works, through the Directorate-General of the Merchant Marine, may recognize certificates of competence and certificates of proficiency issued by third countries with a recognition in force by the Commission. European and listed in the list of third countries published in the Official Journal of the European Union.

Prior to recognition, an agreement of recognition must be established between the Ministry of Public Works and the competent authority in this matter of the third country, in compliance with the provisions of Regulation I/10 of the Annex to the STCW Convention. The processing of the recognition shall be carried out by the application of the guidelines approved by the International Maritime Organization, which are set out in the Annex to this royal decree.

2. The Ministry of Public Works, through the Directorate-General of the Merchant Marine, may submit to the European Commission a reasoned request for the recognition of certificates of competence and certificates of proficiency issued by a third country which does not has been recognised by the European Commission but is a party to the STCW Convention and in respect of which the Maritime Safety Committee of the International Maritime Organisation has specified that it has carried out the appropriate compliance with the provisions of the STCW Convention; in the STCW Convention.

3. As long as the European Commission does not approve the requested recognition, the General Directorate of the Merchant Navy will not be able to recognize the titles issued by the third country. If the Commission withdraws the recognition of a third country, the endorsements that have been made before such a decision is taken shall remain valid. Seafarers who have obtained such endorsements may not apply for a endorsement of recognition of a higher attribution, except where such improvement is based solely on the accreditation of additional embarkation periods.

4. Where it intends to withdraw the endorsement of certificates of competence and certificates of proficiency issued by a third country with which it has signed an agreement, the Ministry of Public Works through the Directorate-General of the Merchant Navy communicate its decision to the Commission and the other Member States. The European Commission, assisted by the European Maritime Safety Agency, shall reassess the recognition of the third country, in order to verify whether it has ceased to comply with the requirements of the STCW Convention. '

Eighty-six. Two new points (f) and (g) are added to Article 40 (1) as

" (f) That the ship's crew has received the appropriate refresher and update training as prescribed in the STCW Convention.

g) That on board the ship the oral communication is always effective, in accordance with the provisions of paragraphs 3 and 4 of Chapter V of the SOLAS Convention, as amended. "

Eighty-seven. Article 40 (2) and (3) shall be worded as

" 2. Both shipping companies and captains and crew members shall ensure that full effect is given to the specific obligations under this Article, and that any other necessary measures are taken to ensure that all members of the crew contribute in a smart and informed manner to the smooth operation of the ship.

3. Shipping companies shall give written instructions to the masters of the vessels in order to ensure that every crew member has the opportunity to become familiar with the vessel's equipment, procedures and operations, as well as as the specific functions of the crew member before they are assigned. To this end, a well-informed crew member shall be appointed to ensure that any new entry into the ship's crew is provided with the necessary information in a language that they understand. "

Eighty-eight. Two new paragraphs 4 and 5 are added to Article 40 with the following wording:

" 4. Shipping companies shall ensure that the masters, officers and other personnel to whom certain tasks and responsibilities have been assigned on ro-ro vessels have exceeded the familiarisation training required to acquire the appropriate skills, responsibilities and responsibilities to be taken, taking into account the guidance given in Section B-I/14 of the STCW code.

5. With the aim of updating the knowledge of captains, officers and radio operators, shipping companies will ensure that the vessels operating under the right to fly the Spanish flag are available for the texts to be collected by the changes occurring in national and international regulations on the safety of human life at sea, maritime security and the protection of the marine environment, in compliance with the provisions of paragraph 3 of this Article, final paragraph. '

Eighty-nine. Article 43 is worded as follows:

" 1. If the Directorate-General of the Merchant Navy is aware of the existence of professional qualifications, or of certificates of specialty, of merchant marine, or of rebrains, which may be fraudulent or unlawful conduct of a criminal character in relationship with such qualifications or certificates of specialty or rebrains, shall make such a circumstance known to the Prosecutor's Office.

2. In order to detect and combat fraud and other illicit practices in relation to professional qualifications, and with certificates of specialty, merchant marine, or rebraking, the General Directorate of the Merchant Navy will maintain a system for the exchange of information with the competent authorities of other countries, in relation to the certification of seafarers. "

Ninety. A new Article 44 with the following wording is added to Chapter VII, "Of infringements and penalties":

" Article 44. Blood alcohol limit.

A limit of not more than 0.05% of blood alcohol level, or 0.25 mg/l of alcohol in breath, or a quantity of alcohol leading to such a concentration for captains, officers and other crew members is fixed. carry out certain tasks related to safety, protection and the marine environment. The exceeding of this limit shall determine that the person is in a state of drink for the purposes of the application of the sanctioning regime. '

Ninety-one. The additional first provision is worded as follows:

" Additional disposition first. Personnel of the Navy and Customs Surveillance.

1. The Ministry of Public Works, through the General Direction of the Merchant Navy, will be able to recognize professional titles of the merchant marine regulated in Articles 5 to 19ibis of this royal decree, to the personnel of the Navy that accredit to own the academic requirements for obtaining them, and in any case they must pass the proof of suitability when it is established for the title requested.

For this purpose, and pursuant to Articles 20 and 22 of this royal decree, the shipping periods on Navy ships may be approved to the shipping periods on merchant ships, provided that the training program in Navy ships shall be recognised by means of a resolution of the Director General of the Merchant Navy as equivalent to that of the corresponding training programmes in accordance with the requirements of Section A-II/I, A-III/1, A-II/3, A-III/3, A-II/2.4, A-II/4, A-II/5, A-III/4, A-III/5 and A-III/7 of the STCW code, having quality conditions similar.

2. The Ministry of Public Works, through the Directorate General of the Merchant Navy, will be able to recognize the professional titles of the merchant marine regulated in Articles 5 to 19ibis of this royal decree, to the officials of Customs Surveillance that credit the shipping periods on ships of the State Administration of Tax Administration, provided that the training program on ships of the State Administration of Tax Administration is recognized by resolution of the Director General of the Merchant Navy as equivalent to that of the corresponding training programmes in accordance with the requirements of Section A-II/I, A-III/1, A-II/3, A-III/3, A-II/2.4, A-II/4, A-II/5, A-III/4, A-III/5 and A-III/7 of the STCW code. '

Ninety-two. The additional second provision is worded as follows:

" Additional Disposition Second. Of the professional qualifications of the merchant navy, of the certificates of competence of the sailor and the mechanical sailor.

Professional titles of the merchant navy, including professional titles of a seaman of bridge and merchant marine machines, and certificates of competence of a sailor and a mechanical sailor, issued with prior to the entry into force of this rule, they shall retain their privileges.

However, the Ministry of Public Works, through the Directorate General of the Merchant Navy, will validate the certificates of proficiency of the merchant marine bridge seaman, seaman of the first bridge of the merchant marine, merchant marine machine, seaman of the merchant marine machine, seaman, to whom the conditions to be determined shall be determined. '

Ninety-three. Paragraph 2 of the fifth additional provision is worded as follows:

" 2. The certificate shall be granted directly to the holders of a professional qualification of the bridge section or covered by Articles 5 to 9, the greater cabotage pattern and cabotage pattern, and the members of the Body Officers Scale General of the Navy. "

Ninety-four. The additional sixteenth provision is worded as follows:

" Additional Disposition sixteenth. On the issue and endorsement of the professional title.

The General Direction of the Merchant Navy, in view of the certificate of having passed the tests of suitability, when such proof is obligatory, and of the certification of having carried out the mandatory practices, of the certificate of the centre or school in which it manifests that it has obtained the appropriate degree or degree and has exceeded the medical examination carried out by the Social Institute of the Navy at the time of the application for the title, shall extend the appropriate professional title and its endorsement, by means of the appropriate card, to the applicants of the Pilot of second of the merchant marine, official of second of the merchant marine, official radio of the second of the merchant marine, pattern of height, pattern of coast, naval mechanic and naval mechanic.

To do this, the schools will refer to the Directorate General of the Merchant Navy the documentation mentioned in the previous section, a passport size photograph of the applicant of the professional title, as well as a copy of the national identity or passport document and the justification for the payment of the fees that correspond. '

Ninety-five. An additional 19th paragraph is added which is worded as follows:

" Additional Disposition 19th. Of medical standards.

The verification of the physical fitness of the seafarers and the issue of the medical certificates regulated in this royal decree will be done in accordance with section A-I of the STCW code, guaranteeing that the persons are trained for the tasks they have to perform on board.

The medical examinations of the seafarers, necessary for the issuance of the corresponding medical certificates that are regulated in this royal decree, will be borne by the faculty members attached to the Social Institute of the Marina. "

Ninety-six. An additional twentieth provision is added which is worded as follows:

" Additional Disposition 20th. Maintenance of the fitness for the service.

In order to prevent fatigue, any person who has been entrusted with tasks as an officer in charge of a guard or as a sailor who is part of it, or certain tasks of security, protection and prevention of the pollution, will be assigned a rest period as provided for in Royal Decree 1561/1995, of 21 September, on special working days. "

Ninety-seven. The final first provision is worded as follows:

" Final Disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.20. of the Constitution, which attributes to the State the competence in the field of the merchant marine and in the jurisdiction attributed to the State by Article 149.1.30. of the Constitution for the regulation of the conditions for obtaining, issuing and approval of academic and professional qualifications. "

Ninety-eight.

The expression 'civil vessels' in Articles 5.2.a) and (b); 6.2.a); 7.2.a); 8.2.a); (c) and (d); 9.2.a); 11.2.a); 12.2.a); 13.2.a) and (c); 14.2.b), c) and d); and 15.2.b) and c) is replaced by 'merchant vessels'.

The "basic" expression in Article 1 is also deleted.

Single additional disposition. Collaboration of the State Employment Public Service.

In the framework of the National System of Qualifications and Vocational Training, the Ministry of Employment and Social Security through the Public Service of State Employment will collaborate in the Certifications of specialty and sufficiency. for maritime navigation professionals.

Single transient arrangement. On the registration of professional titles and specialty certificates.

As of 1 January 2017, data on the status of information that has to be made available in accordance with Article 34 (2) shall be published by the Ministry of Public Works, through the Directorate-General of the Merchant Navy, in English by electronic means.

Single repeal provision. Regulatory repeal.

All provisions, of the same or lower rank, are repealed that oppose the provisions of this royal decree.

Final disposition first. Incorporation of European Union law.

By this royal decree, Directive 2012/35/EU of the European Parliament and of the Council of 21 November 2012 amending Directive 2008 /106/EC on the level of the European Parliament and Council Directive 2012/35/EU is incorporated into the Spanish legal order. minimum training in the maritime professions.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on November 7, 2014.

FELIPE R.

The Minister of Development,

ANA MARIA PASTOR JULIAN

Royal Decree 938/2014, On 7 November, Amending Royal Decree 973/2009, June 12, By Which Regulated The Professional Qualifications Of The Merchant Marine.

Original Language Title: Real Decreto 938/2014, de 7 de noviembre, por el que se modifica el Real Decreto 973/2009, de 12 de junio, por el que se regulan las titulaciones profesionales de la marina mercante.

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