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Royal Decree 875/2014 Of 10 October, The Nautical Qualifications For The Government Of Pleasure Craft Are Regulated.

Original Language Title: Real Decreto 875/2014, de 10 de octubre, por el que se regulan las titulaciones náuticas para el gobierno de las embarcaciones de recreo.

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TEXT

Order FOM/3200/2007, of 26 October, which regulates the conditions for the government of pleasure boats, forms the normative framework of the qualifications that enable the government of recreational craft and the nautical motorcycles, the requirements for obtaining them and the fixing of the technical and material means and the teaching staff of the schools carrying out teaching activities or providing practical training for the attainment of the qualifications, for reasons of maritime safety, navigation and human life at sea.

Subsequently, Order FOM 189/2010 of 26 January, amended Order FOM/3200/2007 of 26 October, which regulates the conditions for the government of pleasure boats, in order to adapt their content to the provided for in Law 17/2009 of 23 November on the free access to and pursuit of the activities of services, by which Directive 2006 /123/EC of the European Parliament and of the Council of 12 December 2006 was incorporated into the Spanish legal order December 2006, on services in the internal market.

Over the time since the publication of this order, there have been a series of advances, mainly of a technical nature, regarding the characteristics of the sports boats and their equipment. on board, which translate into the need to simplify the programmes of the theoretical subjects needed to access the nautical degrees of recreation and to adapt them to the current situation, as well as to introduce a number of changes in the the titles.

On the other hand, it has become apparent that it is desirable to simplify, as far as possible, the procedures for the granting of recreational qualifications, and to allow federations and schools to grant them navigation licenses in certain assumptions.

Furthermore, it seems appropriate, in terms of the functioning of the schools, to introduce various amendments in order to guarantee the freedom of establishment under competition in relation to the teaching theoretical.

The set of factors highlighted leads to the need to undertake the elaboration of a standard that regulates all aspects related to the precise requirements for obtaining the degree of recreation and with the impartition of the lessons to be learned, while retaining the existing rules, as soon as they are not opposed to the objectives that are required to be regulated. To this end, the approval of this royal decree in the regulatory development of article 263 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 Navy is approved Merchant and will be repealed the Order FOM/3200/2007, of October 26, for which the conditions for the government of pleasure boats are regulated. In turn, the regulatory enablement to dictate the rule is contained in the final disposal of the recast text.

This royal decree has been submitted to the most representative social partners of the affected sectors and to the report of the autonomous communities with powers for the granting of the nautical degrees for the government of recreational craft. He has also been subject to a report from the Ministries of Health, Social Services and Equality, Employment and Social Security, the Interior, Defence, Economic and Competitiveness and Education, Culture and Sport.

In its virtue, on the proposal of the Minister of Public Works, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council and after deliberation by the Council of Ministers at its meeting of the day 10 October 2014,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object.

1. The object of this royal decree is the regulation of the nautical titles that enable the government of the pleasure boats and the nautical motorcycles, their attributions and the requirements and the procedure demanded for their obtaining, without prejudice to nautical-sports titles which specifically enable the government of motor-sport.

2. It is also the object of this royal decree to regulate the technical and material resources and the qualifications required of the teaching staff who, for reasons of maritime safety, navigation and human life at sea, must comply (a) schools and federations of sailing and motontics, for the purpose of carrying out the necessary training activities in order to obtain the nautical titles referred to in the preceding paragraph.

3. It is not the object of this royal decree the regulation of the professional profile that will have those people who provide theoretical training oriented exclusively to overcome the theoretical tests called by the different administrations competent for the obtaining the titles they enable for the government of recreational craft.

Article 2. Scope.

This royal decree will apply to all activities related to the imparting of recreational lessons and to the precise requirements for obtaining and issuing the corresponding titles and licenses, without (a) prejudice to the provisions of the own rules of the autonomous communities which have assumed competence in this field.

Article 3. Definitions.

For the purposes of the provisions of this royal decree:

1. Recreational craft, on a vessel: Any vessel of any kind, irrespective of its means of propulsion, the hull of which has a length (Lh) of between 2,5 and 24 metres, measured in accordance with the criteria laid down in paragraph 6 of this Article. this article, used for sports or recreation purposes. Vessels for the purpose of training for recreational boating are covered by this definition.

2. Recreational vessel: Any vessel of any kind, irrespective of its mode of propulsion, of which the hull length (Lh) is greater than 24 metres, with a gross tonnage of less than 3000 GT and capable of carrying up to 12 passengers without counting the crew, intended for recreational boating, tourism, leisure, sport or non-professional fishing, used by its owner or by any other person, by lease, contract of passage, assignment or any other other title.

3. Floating recreational devices: Vessels designed for recreational or sporting purposes, of the following types:

(a) Pirwaters, kayaks, motor-free canoes and other devices without mechanical propulsion.

b) Patines with pedals or fitted with a motor with power less than 3.5 kW.

c) Nautical modes.

d) Sailing tables.

e) Sliding tables with motor and other similar mills.

f) Float floating facilities.

4. Nautical bike: Floating artifact, less than 4 meters long, that uses an internal combustion engine with a water jet pump as a main means of propulsion, designed to be handled by one or more people seated, standing or knees on the boundaries of a helmet and not inside them.

5. Shelter: Place where you can easily take shelter of a boat and allow the arrival to land of its occupants.

6. Length: The distance measured in parallel with the reference flotation line and the axle of the vessel, between two vertical planes perpendicular to the central plane of the vessel, one on the other side of the vessel and the other on the part more to stern.

This length includes all the structural parts of the vessel and those forming an integral part thereof, such as wood, metal or plastic rodas, or plastic or similar products, the walled and the gaskets, hull/hull, as well as those dismountable parts of the hull that act as hydrostatic or hydrodynamic support when the vessel is at rest or sailing.

This length excludes all movable parts that can be disassembled in a non-destructive manner without affecting the structural integrity of the vessel, such as sticks, penoles, protruding platforms at any end of the vessel. Bow garrisons, rudders, motor supports, propulsion support and järcias, platforms for diving and access on board, protection and protection.

For vessels with CE marking, the length shall be that which meets the definition of the preceding paragraphs between those taken in the declaration of conformity on the vessel, which is the length of the hull as defined in the UNE EN-ISO 8666-2003.

7. Motor boat: Any craft in which one or more engines are the main propulsion system.

8. Sailboat: Any craft in which a sailing rig constitutes its main propulsion system.

9. Maximum installed power: The total power of the engine or the sum of engines installed for the propulsion of the vessel, measured in kilowatts.

10. Navigation License: Document issued by the sailing and motoring federations, as well as the recreational schools, under their responsibility, which enables the person concerned for the government of recreational boats and class-nautical motorcycles C with power less than 55 hp, once the corresponding training has been received, subject to the requirements and limitations regulated in this royal decree.

11. Title: Enablement for the government of recreational craft that is documented by logging.

12. Card: Proof of the possession of a recreational title.

13. Nautical school of recreation: Training center that has attributed the imparting, evaluation and certification of any of the basic practices, training courses and/or complementary practices collected in this royal decree.

14. Director of recreational school: Person responsible for the direction and development of the school's activity, as well as responsible for the correct and true emission of the navigation licenses that can be issued by the schools and the endorsement of the certificates attesting to the performance of training courses and practices taught at school.

15. Practice instructor: Person in possession of any of the qualifications required in this royal decree for the imparting, evaluation and certification of any of the basic practices, training courses and the complementary practices collected in this royal decree.

16. Basic safety and navigation practices: Mandatory practices in accordance with the provisions of this royal decree, whose performance and improvement means that the applicant for a nautical degree of recreation has acquired the basic practical knowledge sufficient to navigate, according to the privileges conferred by each title.

17. Training courses in radio communications: Training course in radio communications which enables to obtain the title of master for basic navigation and the operation of the radio station on board, according to the privileges of the radio station title.

18. Radio training course-Short range operator: Training course for the operation of the radio station on board according to the requirements of Resolution 343 (REV. WRC-12) of the International Telecommunication Union.

19. Radio training course-long-range operator: Training course for the operation of the radio station on board according to the requirements of Resolution 343 (REV. WRC-12) of the International Telecommunication Union.

20. Sailing practices: Complementary practices of a voluntary nature, the performance and improvement of which involves the ability of a person to sail, in accordance with the privileges conferred on him by his or her degree.

21. Navigation practices: Complementary practices of a voluntary nature, whose realization and improvement enables the holders of the title of recreational craft to sail between the Iberian Peninsula and the Balearic Islands.

22. Night navigation: All navigation that takes place between the sunset and the ortho.

23. Daytime navigation: All navigation that takes place between the ortho and the sunset.

Article 4. Ratings for titles.

1. The titles recognized in this royal decree enable, in accordance with the requirements and exceptions provided for in this royal decree, for the government of recreational boats and nautical-registered or registered and registered in Spain, which are used exclusively for recreational activities.

2. In no case do the titles regulated in this royal decree enable for the government of pleasure ships, as defined in article 3 (2) of this royal decree, nor for the realization of marine professional activities on board of the same.

Article 5. Attributions of professional and academic qualifications.

1. The professional graduates of the bridge section, in accordance with the provisions of Royal Decree 973/2009 of June 12, which regulates the professional qualifications of the merchant marine, will be able to govern the ships of recreation, in accordance with the privileges conferred on them by their professional title.

2. The professional graduates of the bridge section, in accordance with the provisions of Royal Decree 36/2014 of 24 January, governing the professional titles of the fishing industry, may govern the recreational craft, agreement with the privileges conferred on them by their professional title.

3. To exercise the government of the boats it will be necessary to carry on board your professional card in force.

4. Furthermore, taking into account the training received, the professional and academic graduates referred to in Annex I may access the recreational titles regulated in this royal decree, in accordance with the conditions of the validation as set out in that Annex.

CHAPTER II

From recreational qualifications

Article 6. Enabling titles and license.

1. The titles and recreational licenses are as follows:

a) Yacht captain.

b) Yacht pattern.

c) Recreational craft pattern.

d) Pattern for basic navigation.

e) Navigation license.

2. The navigation licence and the standard titles for basic navigation and the pattern of recreational craft may be obtained directly. However for obtaining the yacht master and yacht master titles it will be necessary to be in possession of the title immediately below.

3. The cards and the navigation licence shall be issued in accordance with the format set out in Annex VII to this royal decree.

4. The holders of the cards and the license regulated in this royal decree must carry on board such documents provided they are made to the sea.

Article 7. Attributions of the titles.

The titles regulated in this royal decree confer the following attributions:

a) Basic attributions inherent in the achievement of the title.

(b) Privileges of a complementary nature of the foregoing, in order to obtain the requirements and conditions specified in Annexes V or VI of this royal decree.

Article 8. Basic privileges of recreational qualifications.

The basic privileges referred to in Article 7 (a) of this royal decree shall be as follows:

a) Yacht captain:

1. Government of recreational craft to motor up to 24 meters in length, which allows for navigation without geographical limits.

2. Government of nautical motorcycles, within the specific limits of navigation applicable to them, according to their technical characteristics.

b) Yacht pattern:

1. Government of recreational craft to motor up to 24 meters in length, which empowers to sail in the area between the coast and a line parallel to the same one drawn at a distance of 150 nautical miles.

2. Government of nautical motorcycles, within the specific limits of navigation applicable to them, according to their technical characteristics.

c) Recreational craft pattern:

1. Government of recreational craft to motor up to 15 meters in length, which empowers to navigate in the area between the coast and a line parallel to it, drawn 12 miles from this one.

2. Government of recreational craft to motor up to 15 meters in length, which allows for navigation between islands within the Balearic archipelago and canary.

3. Government of nautical motorcycles, within the specific limits of navigation applicable to them, according to their technical characteristics.

d) Pattern for basic navigation:

1. Government of recreational craft to motor, up to 8 meters in length, provided the vessel does not move away more than 5 miles in any direction of a port, navy or shelter.

2. Government of nautical motorcycles, within the specific limits of navigation applicable to them, according to their technical characteristics.

Article 9. Complementary powers of recreational qualifications.

The supplementary powers referred to in Article 7 (b). of this royal decree will be as follows:

(a) Yacht captain: Government of sailing boats up to 24 metres in length, which allows for navigation without geographical boundaries.

b) Yacht pattern: Government of sailing boats up to 24 metres in length, which allows to sail in the area between the coast and a line parallel to the same line drawn at a distance of 150 miles nautical.

c) Recreational craft pattern:

1. Government of sailing boats up to 15 meters in length, which allows to sail in the area between the coast and a line parallel to it, drawn 12 miles from it.

2. Government of sailing boats up to 15 meters in length, which allows for navigation between islands within the Balearic archipelago and canary.

3. Government of recreational craft to motor up to 24 meters in length, which empowers to navigate in the area between the coast and a line parallel to it, drawn 12 miles from this one.

4. Government of recreational craft to motor up to 24 meters in length, which allows for navigation between islands within the Balearic archipelago and canary.

5. Government of recreational boats with motor up to 24 meters in length, which allows to sail between the Iberian Peninsula and the Balearic Islands.

6. Government of sailing boats up to 24 meters in length, which allows to sail in the area between the coast and a line parallel to it, drawn 12 miles from it.

7. Government of sailing boats up to 24 meters in length, which allows for navigation between islands within the Balearic archipelago and canary.

8. Government of sailing boats up to 24 meters in length, which allows to sail between the Iberian Peninsula and the Balearic Islands.

d) Pattern for basic navigation: Government of sailing boats, up to 8 meters in length, provided the vessel does not move away more than 5 miles in any direction of a port, navy or shelter.

Article 10. Exceptions.

1. For the government of motor boats with a maximum power of 11.26 kilowatts and up to 5 meters in length, those of sail up to 6 meters in length and the floating or beach artifacts, except for the nautical motorcycles, will not be necessary to be in possession of the regulated degrees in this royal decree, provided that they do not move away more than 2 nautical miles from a port, navy or shelter and the activity is carried out on a daytime navigation system.

For the purposes of this paragraph, the persons concerned must have been 18 years of age without application of the provisions of Article 13 (2) of this royal decree.

2. It will not be necessary to comply with the age or degree requirements regulated in this royal decree for the purposes of preparation and participation in official maritime sports competitions.

Article 11. Licences issued by the sailing and motoring federations, as well as by the recreational schools.

1. The sailing and motor vehicle federations and the recreational schools may issue licences for the government of class C nautical motorbikes and recreational craft up to 6 metres in length and an engine power suitable to them according to their manufacturer, who shall enable to carry out daytime navigations provided that they do not move away more than 2 nautical miles in any direction of a port, navy or shelter.

2. The licenses referred to in this article ensure that their holders possess the minimum knowledge necessary for the government of this type of class C nautical boats and motorcycles.

3. For the purposes of this Article, the sailing and motor-vehicle federations shall comply with the same requirements as set out in Chapter VI of this royal decree for recreational schools, without prejudice to the provisions of this Article. Autonomous communities that have assumed competence in this field.

4. The theoretical training agenda and the practical training to be received by the interested parties for obtaining the licence are those set out in Annexes II and III to this royal decree.

5. In the case of the theoretical and practical training referred to in the previous paragraph, the sailing and motoring federations and the recreational schools shall issue the enabling licences and shall put this fact to the attention of the administration. competent, by means of telematic means, by means of a maximum period of 5 working days, counted from the date of the granting of the licence.

6. In the event that the communication referred to in the previous paragraph is not carried out, the sailing or motoring federation or the school concerned shall be given the appropriate suspension of its activities to grant the licences, subject to the following conditions: the procedure laid down in Title VI of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, making the suspension effective if the corresponding provisions are not produced communications within a period of less than 3 months from receipt of the warning.

CHAPTER III

Procedure and evidence for obtaining the titles

Article 12. Requirements for obtaining the titles.

In order to obtain the securities regulated in this royal decree, with its basic functions, it will be necessary to overcome the theoretical tests, the training courses and the training courses as provided for in Annexes II, III and IV of this royal decree, and overcome the psycho-physical recognition referred to in article 21 of this royal decree.

In order to obtain the privileges of a complementary nature it will be necessary to overcome the practices referred to in Annexes V or VI of this royal decree.

Article 13. Age requirements.

1. In order to obtain the securities regulated in the previous article, as well as the navigation licence issued by the recreational schools and the sailing and motoring federations, the person concerned must be 18 years of age at the time of the to perform the tests for obtaining these.

2. Without prejudice to the provisions of the preceding paragraph, minors who have been 16 years of age at the time of the tests may obtain the navigation licence and the standard title for basic navigation, provided that the accredit, by means of their written submission, the consent of their parents or guardians and exceed the theoretical and practical requirements required in this royal decree.

Article 14. Call for theoretical tests.

1. The competent administrative bodies shall convene, organise and resolve the examinations for obtaining the securities regulated in this royal decree, subject to the provisions of Title VI of Law 30/1992 of 26 November.

2. The actions to be followed in the theoretical examinations called by the Director General of the Merchant Marine in the field corresponding to the autonomous communities that have not assumed the effective exercise of competences in the field of teaching Sports-nautical will be the following:

(a) The Director General of the Merchant Navy shall establish annually the number of ordinary calls for each degree.

(b) The Director General of the Merchant Navy may also establish extraordinary calls, depending on the demand of the interested parties or for any objective conditions that are present in each case.

(c) An examination tribunal shall be set up for each call, consisting of a number of vowels between 2 and 5 depending on the title of the call and the number of expected candidates to be submitted in its actions referred to in Chapter II of Title II of Law 30/1992 of 26 November.

(d) The Registrar of the Court shall be an official of the General Administration of the State.

(e) The vowels shall be personal in the service of the public administration, with professional maritime or academic qualifications appropriate to the title subject to the call.

f) An alternate tribunal shall be appointed for all calls.

(g) Members of the courts shall be entitled to receive compensation in accordance with the provisions of the legislation in force.

(h) In the resolution for which the evidence is to be called, the evidence must be recorded at least for the purpose of the call, location and date of the evidence and the documentation to be provided by the data subject.

3. Candidates shall apply for admission to the examination, by means of a request addressed to the Director General of the Merchant Navy, accompanied by the documentation required by the call, preferably through telematic means.

Article 15. General rules on the implementation of training courses and practices.

1. The basic safety and navigation practices referred to in this royal decree are binding and their overcoming will be a prerequisite for obtaining the corresponding title.

2. Basic practices, complementary practices and training courses should be provided by recreational schools, without prejudice to the possibility that administrations with devolved powers may call for practical replacement examinations for such courses. practices, which shall, where appropriate, assess the totality of the training content set out in Annexes III, IV, V and VI to this royal decree.

3. The sailing and motoring federations will also be able to provide basic, complementary and training courses related to the standard title for basic navigation and navigation licences, provided that the federations of sailing and motonautics meet the same requirements as in Chapter VI of this royal decree to the nautical schools of recreation.

4. With the exception of the safety and navigation practices for obtaining the navigation licence and the standard title for basic navigation, as well as the complementary sailing practices, which may be carried out in inland waters, the practices Regulations shall always be developed in maritime waters.

5. The facilities and vessels available to the schools or federations shall be used as long as the radio communications courses listed in Annex IV shall be used for radio simulators approved by the Directorate-General. General of the Merchant Navy, as well as any other additional equipment necessary for the proper delivery of training practices and courses.

6. Training courses and practices will be carried out by an instructor responsible for their delivery as provided for in this royal decree. The director of the school of recreation, or its equivalent in the sailing and motoring federations, may impart the practices as long as it has the required qualification for this purpose in this royal decree.

7. Both the improvement of the practices, and the training courses, according to the evaluation criteria specified in Annexes III, IV, V and VI of this royal decree, will entail the extension of the relevant certificate of the instructor with the endorsement of the head of the school or its equivalent in the sailing and motoring federations.

8. The maximum number of pupils who may participate jointly in each training course or training course shall be 8 persons, with the exception of the exceptions provided for in Annexes III, IV, V and VI to this royal decree. However, the instructor may, for operational reasons, increase the number of pupils without, in any event, the total number of persons on board, including instructors, crew and applicants, to be higher than that indicated in the certificate of navigability of the vessel. No persons other than the performance of the practices or their supervision may be involved.

In the specific case of radio-communications training courses, radio-short-range operator and long-range radio operator will be allowed a maximum of 2 students per post of approved radio-communications simulator, a maximum of 4 seats per simulator.

9. Only the formation of mixed groups of students will be allowed for the delivery of the short and long-range radio operator courses, and the specific contents and requirements for each course must be respected in any case.

10. For each of the practices in which vessels are used, the data of the AIS equipment shall be unloaded which such vessels must carry on board and a digital record of them shall be maintained.

11. Without prejudice to the above paragraph, the schools and federations shall keep a register in which the navigations made by each applicant shall be recorded for each vessel in the course of training carried out in the course of relationship to the title and attributions intended to be obtained, the place or places, dates and detailed hours of completion of such practices and courses, and a copy of the certificate to be issued to the school or federation where appropriate.

In relation to each practice and training course, the name, surname, DNI/NIE/Passport and the signature of the principal of the school, or its equivalent in the federations of sailing and motonautics, shall be incorporated into the register. Corresponding instructor and student.

12. The management of the school and the federations after endorsement of the certificates will give their delivery to the students who hold the same.

Article 16. Communication obligations prior to the implementation of training courses and practices.

Recreational schools and sailing and motoring federations shall send to the competent administration, at least 48 hours in advance of the conduct of regulatory practices and by telematic means, the next information:

(a) Type of practice or course to be carried out, corresponding certification, name and registration of the craft, port of departure or place in which it will be carried out and name and DNI/NIE/Passport of the instructor responsible for the same, as well as the names, surnames and identification (DNI/NIE/Passport) of the assistants.

(b) In the case of a combination of different types of regulatory practices, this will be specified in the communication.

Article 17. Communication obligations after the implementation of training practices and courses.

Once the training or training courses, the recreational schools and the federations have been carried out, they shall, where appropriate, communicate by means of telematic means to the competent administration the conduct of the training, within the time limit maximum of 10 working days after the completion of the same, resending the type of practices or courses carried out, name and registration of the boat of practices, port of departure or place in which it will be carried out and name and DNI/NIE/Passport of the instructor responsible for the same, as well as the relationship of the names, surnames and identification (DNI/NIE/Passport) of the assistants who would have exceeded the practices.

Article 18. Radio operator training courses.

1. The course of radio operator of short range will be of a mandatory character, being its exceeding requirement essential for the obtaining of the titles of master of pleasure boats, pattern of yacht and captain of yacht with its attributions basic.

2. Exceeding the short range radio operator course will not be mandatory for obtaining the standard title for basic navigation. However, in the event that it has been obtained it shall also be made available for the issue of the latter, and it is not necessary to carry out the mandatory specific training in radio communications for the obtaining of the standard title for basic navigation.

3. Once the short-range radio operator course has been exceeded, it will not be necessary to repeat it for any other qualifications contemplated in this royal decree.

4. The long-range radio operator will be of an optional nature, being valid for the purpose of obtaining the qualifications of this royal decree, without the need for the compulsory specific training in radio communications to be carried out. each title

Once this course has been completed and obtained the corresponding degree, it will not be necessary to repeat it again for the obtaining of any other qualification of those contemplated in this royal decree.

5. In order to obtain the standard title for basic navigation, it will be necessary to overcome a training course in radio communications, as provided for in Annex IV of this royal decree.

6. The schools and the federations that provide the courses covered by this article must comply with the obligations of prior communication and communication after the course, which are regulated in Articles 16 and 17 of this royal decree.

Article 19. Regulatory practices for sailing sailing.

1. Regulatory sailing practices shall not be mandatory for the procurement of regulated degrees in this royal decree, but their completion and improvement shall be compulsory to obtain the complementary functions of sailing.

2. These practices shall be governed by the provisions of Annex V of this royal decree, shall be carried out only once and shall be valid for any of the nautical titles of recreation regulated in this royal decree.

3. The schools and federations that provide the courses covered by this article must comply with the obligations of prior communication and communication after the practice of the practices regulated in Articles 16 and 17 of this royal decree.

Article 20. Certification of practices.

1. Certificates of the practices provided for the issue of the corresponding titles shall bear the visa of the autonomous community in which they were issued when the certificate has been issued in an autonomous community with powers transferred in nautical They must be presented to another autonomous community also with powers transferred or to the General Directorate of the Merchant Navy.

2. Certificates of practice issued within the field of competence of the Directorate-General of the Merchant Navy to be presented to an autonomous community with powers transferred to a recreational boat for the issue of the title corresponding to the visa of the General Directorate of the Merchant Navy.

3. Both the visa of the autonomous communities with powers transferred to the recreational boat and the one of the Directorate General of the Merchant Navy do not exempt the instructor of the practices or the director of the nautical school of recreation of their responsibility for the correct distribution and certification of the same or the imposition of the measures regulated by the legislation in force in case of detection of any type of non-compliance or irregularity in the impartition or certification of the practices. This visa is a mere confirmation that the instructor and the school of recreation are recognized according to the legislation in force, for the imparting and certification of the practices in view of their acceptance by another autonomous community or the General Direction of the Merchant Navy.

4. Practices in any autonomous community will be accepted in other communities.

5. The model for the certification of the practices used by the General Direction of the Merchant Navy will be the content in Annex III of this royal decree. The autonomous communities which have assumed competence in the field of water-sports teachings and do not use this model shall publish the one that they establish, and must communicate it to the General Directorate of the Merchant Navy and the other autonomous communities, for their knowledge and corresponding effects.

CHAPTER IV

Psycho-physical recognition

Article 21. Psycho-physical recognitions.

1. In order to obtain the securities regulated in this royal decree and the navigation licence issued by the recreational schools and the sailing and motoring federations, a psycho-physical recognition must be exceeded, in accordance with the requirements laid down in Annex VIII to this royal decree.

2. The psycho-physical fitness report shall be in force and shall be provided by the person concerned at the time of application for the corresponding enabling card. The validity of the said report shall be two years from the date of issue.

3. If a modification of the psycho-physical conditions occurs, in such a way that it could affect the conditions for the government of the pleasure craft, the person concerned well for himself at the request of the competent administration, A new psycho-physical examination must be performed, with the new report of psycho-physical fitness being presented within 3 months.

4. In the event that the psycho-physical fitness report implies the inability of the government of the recreational craft, the title shall be revoked, without prejudice to the provisions of the following paragraph of this Article.

5. If, in the report on psycho-physical fitness, the situation of eligible conditions is determined, subject to certain psycho-physical conditions for the government of pleasure craft, use of prostheses or adaptations of the vessel, the administration competent, for the purpose of ensuring the safety of navigation and human life at sea, shall proceed either to maintain the validity of the title obtained, or to limit the privileges of the title in relation to the content of the fitness report.

Article 22. Conduct of the psycho-physical acknowledgements.

1. The accreditation of psycho-physical fitness for the management of recreational craft will be carried out by the Driver Recognition Centres (hereinafter CRC), in a way analogous to the drivers of ordinary (non-professional) permits to Ground-to-engine vehicles.

2. The CRCs shall communicate to the e-mail of the Directorate General of the Merchant Navy (psicofisico.dgmm@fomento.es), or by that telematic means determined by the Directorate General of the Merchant Navy, which may substitute such mail. electronic, that they know this royal decree, that they abide by it and that they will carry out the acknowledgements, reports and communiques according to what is established in it. The communication shall indicate the name of the centre, its location, holder of the centre, telephone, e-mail and registration number in the register of the Directorate-General for Traffic.

3. If the person concerned has a certificate of medical examination of sea boarding issued by the Social Institute of the Navy in force, he may prove the physical fitness referred to in Annex VIII of this royal decree by means of the presentation of a photocopy photocopy of the same. In the case of military applicants such an attitude may be credited by the presentation of certificates issued by military doctors.

4. The CRCs must make a medical history, in which the results of the examinations will be recorded, in accordance with the table of diseases and deficiencies which are the cause of refusal or of the establishment of adaptations in the vessel or of the restrictive conditions for the navigation of paragraph 1 of Annex VIII, which shall be signed by each optional with its partial report. In the light of those results, the Director of the CRC shall issue the fitness report or not, as appropriate, in a form conforming to the official model of paragraph 2 of Annex VIII, which shall bear a recent photograph of the person concerned, on which the the signature of the director and the seal of the centre.

5. In the event of a discrepancy between two centres, it shall be addressed in a similar manner to that for drivers of motor-vehicle vehicles, either by the provincial health authority or, where appropriate, by a third party. Centre designated for this purpose by the General Directorate of the Merchant Navy.

6. In each case, which must be numbered, starting with the number 1 at the beginning of each calendar year in which the applicant's data are set (filiation, DNI/NIE/Passport, domicile, date of birth, sex and type of permit), include the applicant's self-declaration contained in paragraph 3 of Annex VIII in which he expresses the veracity of his health status and has not concealed the existence of diseases or deficiencies, while giving his consent to the conduct of the relevant tests and examinations.

7. It will not be necessary to carry out a new recognition for those citizens who credit that it has not been more than two years since the date of obtaining or renewing their permission to drive motor vehicles in force, for this purpose. submit a copy of the said permit.

8. However, a review of the eye vision will be necessary for the purpose of differentiating colours, especially green and red, to be performed in a CRC.

CHAPTER V

Of the documentation, registration, and control

Article 23. Grant of the titles and issue of the cards.

1. Approved the theoretical examination convened by the competent administration and exceeded the basic practices and the training course to operate the corresponding radio communications equipment, the convoking administration of the theoretical examination, prior to application of the person concerned and payment of the fees corresponding to the third rate of point five of Article 17 of Law 66/1997, of 30 December, of Fiscal, Administrative and Social Order Measures, will proceed to the realization of the registration of the title and issue of the card.

2. The card, issued in the format listed in Annex VII to this royal decree, is the proof that the holder has obtained the certificate that entitles him to the government of the pleasure craft.

The pattern of the vessel, provided that it is made to the sea, must be in possession of the card in force to be carried on board and, if not and if requested by the competent authority, it will have 5 working days for submit it to that authority.

3. The maximum period for such a request shall be 24 months from the date on which the final notes have been published or the basic practices have been exceeded or the training course has been carried out in appropriate radio communications. Exceeding that period shall mean a decrease in the rights of the person concerned and the need to approve a new theoretical examination and to overcome the basic practices and training course in the relevant radio communications.

4. The time limits laid down shall not apply to the performance of the practices giving rise to the granting of the additional powers, irrespective of the fact that the application for entry to the competent administration is to be made in a the maximum period of two years from its completion, losing its validity otherwise.

5. Practices shall be understood to have been exceeded on the day on which they are concluded and not on the date of issue of the relevant certificate.

Article 24. Application requirements for the cards.

The request for cards issued by the General Directorate of the Merchant Navy will be presented preferably by telematic means, will be directed to the Director General of the Merchant Navy and will include the documentary justification compliance with the following requirements:

(a) Abono of the fees for the rights of issue of the card, as provided for in point 1, fourth rate, in Article 17 (5) of Law 66/1997, of 30 December, of Fiscal, Administrative and of the Social Order.

b) Certificate of overcoming the relevant practices and courses.

c) Report of psycho-physical fitness according to Article 21 of this royal decree.

Article 25. Authorizations to navigate during handling of files.

1. Card applicants may govern recreational craft within the scope of their privileges, limiting navigation to Spanish territorial waters until the precise administrative acts for the issue are produced, renewal or validation of the securities collected in this royal decree, for a maximum period of 3 months from the date of filing of the application for such processing.

2. For the purposes of the above paragraph and for the period referred to above, a collated copy of the application shall be carried on board.

Article 26. Validity of the titles and cards.

1. The titles regulated in this royal decree are not subject to expiration, without prejudice to the fact that once in possession of any of them the lower ranks are cancelled.

2. The cards shall be valid for 10 years, after which they must be renewed, by means of telematic means. In addition, when applicants have met the age of 70, the renewal of the card must be requested every 5 years.

3. The renewal shall also be carried out in accordance with the terms set out in the preceding paragraph, where the assumptions of loss, deterioration, theft, change of personal data or modification of the privileges of the cards occur.

4. For the renewal of the cards, the following requirements must be completed:

(a) For the purposes of the periods referred to in point 2 of this Article, the application for renewal shall be accompanied by proof of the payment of the fees referred to in Article 24 (a) of this Article. royal decree and the report on psycho-physical fitness referred to in point (c) of that Article 24.

(b) In cases of loss, the application must be accompanied by a sworn statement and proof of the payment of the fees referred to in Article 24 (a) of this royal decree.

(c) If the renewal is due to deterioration of the card, together with the application it will be necessary to present the deteriorated card and the payment of the fees, object of the article 24 (a) of this royal decree.

(d) Where the renewal is due to an alleged theft, the application shall be accompanied by a copy of the complaint and the supporting evidence of the fees referred to in Article 24 (a) this royal decree.

(e) If the renewal occurs for the purpose of changing the personal data, the application must be accompanied by the justification for the payment of the fees, as required by Article 24 (a) of this royal decree.

(f) In the case of renewal for change of privileges, the application must be accompanied by the certificate of practices or courses required to obtain the new privileges and proof of payment of the fees. cited above.

5. For residents abroad who wish to renew the cards issued in accordance with the provisions of this royal decree, the report of physical fitness may be issued by an optional of the country of residence.

6. The renewal application shall be made to the administration which issued the original title.

Article 27. Validation of the titles.

1. If any of the securities regulated by this royal decree are to be validated in accordance with the provisions of Annex I thereto, the person concerned shall request it from the competent administration by means of telematic means, The following documentation shall be provided when the validation is carried out by the General Directorate of the Merchant Navy:

(a) The documentation referred to in points (a) and (c) of Article 24 of this royal decree.

b) Photocopy of the academic, professional, professional card or, if any, certification issued by the Navy's Naval Teaching Directorate.

2. This last requirement shall not apply to professional civil seafarers whose titles have been issued by the General Directorate of the Merchant Navy, when they request validation from the General Directorate of the Merchant Navy.

3. It is a must to be in possession of the title of which the validation emanates, not allowing subjective convalidations derived from a partial demonstration of the required sufficiency.

Article 28. Coordination of administrative records.

The administrative bodies, responsible for issuing the securities regulated in this order, shall keep a register of the securities, in such a way as to enable them to be consulted by the other competent public administrations in the matter, for the purpose of providing those administrations with the information, cooperation and assistance which they require in the field of this royal decree, in accordance with the provisions of Article 4.1.c) of Law 30/1992, of 26 November.

CHAPTER VI

From Training Activities

Article 29. Requirements of schools and federations in the field in autonomous communities that have not assumed competence in the field of nautical-sports teachings and sailing and motor-vehicle federations.

1. In order to ensure the achievement of the objectives of maritime safety, navigation and human life at sea, schools located in autonomous communities which have not assumed competence in the field of water sports teaching and the Sailing and Motontics federations who wish to develop some of the training activities regulated in this royal decree must meet from the beginning of their activity the following requirements:

(a) Dispose, duly approved, all the necessary equipment to carry out the practices and courses corresponding to the teachings and tests to be taught and developed. The vessels used for the performance of the practices shall comply with the requirements of Article 33 of this royal decree and must have the corresponding certificate of navigability.

(b) Instructors and staff who provide training courses and courses must be in possession of the qualifications required in this royal decree.

(c) Credit, by means of the proof of payment of the corresponding premium, that a compulsory insurance of civil liability for pleasure boats, required by Royal Decree 607/1999, has been signed and is in force; April 16, April 16, approving the regulation of the mandatory subscription for civil liability insurance for recreational or sports boats.

In addition, vessels intended for the performance of the practices must have an insurance policy with sufficient coverage for the risk of accidents that may affect the boarding school.

d) Submit to the Directorate General of the Merchant Marine responsible statement in the terms provided for in Article 30 in advance of the commencement of the activities.

2. The lack of renewal of insurance by the insurance companies will mean the immediate cessation of the activity carried out by the recreational schools and the sailing and motoring federations, after instruction of the corresponding file, in accordance with the procedural rules laid down in Title VI of Law 30/1992, of 26 November.

Article 30. A responsible statement prior to the start of the activities.

The responsible declaration referred to in point (d) of the preceding article shall be made by any means provided for in Law 30/1992 of 26 November, with the following data stating:

a) Denomination and address of the school.

b) Identification of the holder of the same, of his/her representative in the event that the school is a legal person and the tax identification number (NIF) in the last of the aforementioned cases.

c) Relation of the teachings to be taught.

(d) a comprehensive nominative relationship of the principal of the school, or its equivalent in the sailing and motoring federations and of the instructors and other teaching staff, stating the qualifications they hold and the positions and positions; activities to be performed.

e) Statement responsible for meeting the requirements of the previous article.

Article 31. Requirements for the certification of staff in recreational schools.

Instructors in schools which provide training or training courses in the field of autonomous communities which have not assumed competence in recreational water must be in possession of one of the following: qualifications:

1. To be able to deliver safety and navigation regulatory practices:

a) Captain and yacht skipper: Merchant Navy Captain, First Class Pilot of the Merchant Navy, Second Class Pilot of the Merchant Navy, Senior Master of Cabotage, Fishing Captain, Height Pattern, Fishing Pattern Altura or Officers of the General Corps of the Spanish Navy.

b) Patron of pleasure craft (PER), pattern for basic navigation (GNP) and navigation license (including the hours of theoretical training of the license): Captain of the Merchant Navy, Pilot of First Class of the Navy Merchant, Second Class Pilot of the Merchant Navy, Master Master of Cabotage, Captain of Fishing, Pattern of Height, Pattern of Fishing of Height, Pattern of Cabotage, Pattern of Litoral, Pattern of First Class of Litoral Fishing, Officers of the General Body of the Spanish Navy, Professional Patron of Embarks of Recreo, Officers of the Service Maritime of the Civil Guard enabled as Patron of the Ocean Ocean of the Body or Technical Sport Superior in sail with fixed rigging. In the case of a fixed-rig sailing sport technicians, the standard for basic navigation (GNP) and navigation licence shall be provided.

2. To be able to deliver the training courses in radio communications:

a) Short-range and long-range radio-operator: First-or Second-Class Electronic Radio Officer of the Merchant Navy or be in possession of the title of General Operator of the World System of Relief and Security Maritime in addition to Captain of the Merchant Navy, Pilot of First Class of the Merchant Navy, Pilot of Second Class of the Merchant Navy, Master Master of Cabotage, Captain of Fishing, Pattern of Height, Pattern of Fishing of Height, Pattern of Cabotage, Pattern of Litoral, Pattern of First Class of Litoral Fishing, Officers of the General Corps of the Navy Spanish, Professional Patron of Recreo, Officers of the Maritime Service of the Civil Guard enabled as Patron of the Ocean Ocean of the Body or the Superior Sports Technician in sail with fixed rigging.

b) Training course in radio communications for basic navigation pattern: First or Second Class Electronic Radio Officer of the Merchant Navy or be in possession of the title of Restricted Operator of the World System Maritime Safety and Security in addition to the Captain of the Merchant Navy, Pilot of First Class of the Merchant Navy, Pilot of Second Class of the Merchant Navy, Master Master of Cabotage, Captain of Fishing, Patron of Height, Patron of Fishing of Height, Cabotage Pattern, Litoral Pattern, First Class of Litoral Fishing, Officers of the General Corps of the Spanish Navy, Professional Patron of Boarding, Officers of the Maritime Service of the Civil Guard enabled as Patron of the Ocean Ocean of the Body or the Superior Sports Technician in sail with fixed rigging.

3. To be able to impart the regulatory practices of sailing: Captain of the Merchant Navy, Piloto of First Class of the Merchant Navy, Pilot of Second Class of the Merchant Navy, Master of Cabotage, Captain of Fishing, Pattern of Height, Pattern of Fishing of Height, Pattern of Cabotage, Pattern of Litoral, Pattern of First Class of Litoral Fishing, Officers of the General Body of the Spanish Navy, Professional Pattern of Embarks of Recreo, Technical Sport Superior in sailing with Fixed gear or a fixed-gear sports gear.

4. To be able to impart the regulatory practices of navigation: Captain of the Merchant Navy, Pilot of First Class of the Merchant Navy, Pilot of Second Class of the Merchant Navy, Master of Cabotage, Captain of Fishing, Pattern of Height, Height Fishing Pattern, Cabotage Pattern, Litoral Pattern, First Class of Litoral Fishing, Officers of the General Corps of the Spanish Navy, or Professional Pattern of Boarding.

5. The preceding paragraphs shall also apply to the citizens of the Member States of the European Union, provided that they are in possession of qualifications equivalent to those referred to in the preceding paragraphs, issued by them.

Article 32. Special rules for schools and federations located in autonomous communities with competence in the field of water-sports teaching.

Without prejudice to the rules established by autonomous communities with competence in the field of nautical-sports teachings for the purpose of ensuring compliance with the principles of maritime safety, navigation and In the case of life at sea, the public authorities must ensure that the schools located in the sea meet the following requirements:

1. The instructors shall be in possession of the qualifications referred to in the previous article.

2. The directors of the schools, or their equivalent in the sailing and motoring federations, must prove that they have all the necessary equipment to carry out the practices and courses corresponding to the teachings and tests which they provide and develop, duly approved and, in the case of vessels covered by the certificate of navigability.

Article 33. Of the boats of the schools.

1. For reasons of maritime safety, navigation and human life at sea the vessels designated for the practices must be recreational craft with minimum sling of 6 meters for the precise practices for obtaining the titles of standard for basic navigation and pattern of pleasure boats and of 11.50 meters for those dedicated to the practices for the obtaining of the titles of yacht skipper and captain of yacht, without that they can be used sailing boats light or pneumatic. Only semi-irrigated vessels, with a minimum length of 4,5 metres, may be used for the imparting of the practices corresponding to the navigation licence.

2. Vessels designated for practices shall comply with the following requirements:

1. For the purpose of carrying out the practices intended to obtain the navigation licence, the craft of practice shall be equipped, in addition to all that material necessary for the proper delivery of the practices, at least according to the requirements of zone 5 navigation. In addition, an AIS type "B" with data extraction and export capacity, probe and flags "A", "C" and "N" of the international signal code shall be carried on board.

2. For the performance of the practices aimed at obtaining the degrees of pattern of pleasure boats and standard for basic navigation, the craft of practices shall be equipped, in addition to all that material necessary for the correct imparting of the practices, at least according to the requirements of zone 4 navigation. In addition, an AIS type "B" with data extraction and export capacity, probe, slide, a layer anchor, four safety harnesses, tips, conveyor, 40 cm rule and the "A", "C" and "N" flags, will be carried on board. international signal code.

3. For the realization of the practices aimed at obtaining the degrees of yacht captain and yacht skipper as well as for the realization of the regulatory practices of navigation, the boats of practices will be equipped, in addition to all the necessary material for the correct delivery of the practices, at least according to the requirements of zone 2 of navigation. In addition, they will carry on board an AIS type "B" equipment with data extraction and export capacity, probe, slide, radar, layer anchor, safety harnesses for all those people who can simultaneously be on guard at cover and the flag "A" of the international code of signals. Those vessels in which the regulatory practices for obtaining the title of yacht captain are delivered shall also have two sixtants, a marine chronometer, nautical almanac of the current year in any format and daily of navigation.

4. The vessels for the provision of sailing practices shall have at least the appropriate nautical equipment and sailing gear to cover all the training aspects required in Annex V to the Directive. this royal decree.

CHAPTER VII

Inspections, Violations, and Sanctions Regime

Article 34. Inspection actions.

1. The General Directorate of the Merchant Navy will carry out the necessary inspections to verify the veracity of the information provided and the fulfillment of the requirements required in this royal decree.

2. In the event that the inaccuracy or non-compliance with the requirements is proven or the activities of the schools or the sailing and motor federations are substantially modified during its operation, the Directorate-General of the Marina Mercante will provisionally suspend the activity of the schools or federations until the causes of the action are remedied and the adoption of this measure will be initiated and, where appropriate, the corresponding sanctioning procedure, According to the provisions of Title IV of the Third Book of Royal Decree-Law 2/2011, 5 of September, for which the recast text of the Law of Ports of the State and the Merchant Navy is approved.

3. The suspension referred to in the preceding paragraph shall be definitively raised when the penalty is imposed as a measure of the sanction which, if necessary, is given as a result of the sanctioning dossier or where the school is not subsated. causes that resulted in the suspension.

Article 35. Sanctioning regime.

The violations and sanctions to be carried out in relation to the activities contemplated in this royal decree will be governed by the provisions of Title IV of the Third Book of the recast of the Law of State Ports and of the Law of Marine Merchant, as established in Title IX of Law 30/1992, as well as by the corresponding regulations on sanctioning procedure, developed both in Royal Decree 1398/1993, of 4 August, for which the Regulation of the Procedure for the Exercise of Sanctioning Authority, as in Annex II to the Royal Decree 1772/1994 of 5 August 1994 adapting certain administrative procedures in the field of transport and road to Law No 30/1992 of 26 November 1992 on the legal system of public administrations and the procedure Common Administrative.

Additional disposition first. Government of vessels on the eighth list with recreational qualifications.

1. The Directorate General of the Merchant Navy, through the competent maritime capitanies for reason of its functional scope, may authorize the holders of the titles covered by this royal decree for the government of vessels registered in the List 8 of Article 4 of Royal Decree 1027/1989 of 28 July on the rules governing the flag, registration of ships and maritime registration, provided that the vessels are attached to bodies, associations, public entities or bodies humanitarian non-profit organisations and carry out activities exclusively of a character humanitarian, scientific, rescue and safety of human life at sea or others of a similar nature.

2. The application may be made by any of the means admitted under Article 38 of Law No 30/1992 of 26 November by the entity, the person representing it or by the holder of the title, and the following shall be attached to it: documentation:

(a) Name, personal data, and nautical title of pleasure from whom the authorization is requested.

(b) Description of vessels that may govern including number of registration, characteristics and activities to be used.

3. The maritime master, upon receipt of the application, shall proceed to the examination of the documents and in the absence of any of the elements of the documentation shall give a period of 10 days to remedy the deficiencies observed.

4. The time limit for the decision shall be 15 working days, and in the case of administrative silence it shall be deemed to be positive.

5. The authorisations subject to the resolution shall be valid for the period of time in which the applicant provides services with the entity for which it carries out its activities.

6. Against the resolution of the maritime captain, the Director General of the Merchant Navy may appeal to the Director General.

Additional provision second. Authorizations for people with disabilities.

1. Persons with disabilities who are in possession of recreational qualifications may govern those vessels for which they may be entitled, provided that the vessels have been adapted in relation to their disability, allowing the the government of the same in conditions that guarantee compliance with the standards of maritime safety, navigation and human life at sea.

2. Boats adapted by the manufacturers to the disability of the persons who will govern them, regardless of whether they have the CE marking, will be subjected to an initial inspection by the Directorate General of the Navy. Merchant to check his suitability this royal decree in order to maritime safety, navigation and human life at sea.

3. Vessels that will experience works of reform for their adaptation to the disability of persons who govern them, carried out by a workshop other than the craft manufacturer, shall be subject to additional recognition by an entity.

of the Commission of the European Union and of the European Commission of the European Union.

Additional provision third. Rental of Spanish pleasure boats.

1. The Spanish pleasure craft may be rented to any natural person provided that the latter has a recreational title or an enabling certificate in force, being able to exercise the government of such vessels within the privileges the title or certificate confers on it; which must be issued by the country of his or her nationality or that of his or her residence and provided that they belong to the European economic area or are listed in Annex IX to this royal decree.

2. In the case of issue by the country of residence, the country of residence must be accredited at the time of the issuing of the title, for which the person concerned must provide any document which in law justifies the residence, and in particular, for Spanish nationals, in accordance with the provisions of Article 2 of Royal Decree 3425/2000 of 15 December on the registration of Spanish nationals in the registration of consular posts in the foreign.

3. The Spanish vessels may also be rented without crew and for recreational boating, to citizens in possession of a professional title in force issued by a country signatory to the STCW Convention, in accordance with the requirements of Chapter II thereof. that under no circumstances may the privileges conferred on him by the professional title be exceeded.

Additional provision fourth. Authorization of foreign qualifications.

The Directorate General of the Merchant Navy, through the maritime capitanies, will authorize the citizens of the European economic space, as well as those of the countries recognized in Annex IX of this royal decree, for the Government of Spanish-flagged recreational craft, provided that they have a recreational title issued by the country of their nationality or that of their residence, and must also belong to that space or to be recognized in Annex IX of this royal decree; subject to the requirements referred to in the additional provision third of this royal decree.

Additional provision fifth. Requirement of certification for the government of recreational boats flying the flag of other States.

1. Any person governing a recreational craft, flying the flag of other States, who navigates waters in which Spain exercises sovereignty, sovereign rights or jurisdiction shall be in possession of a certificate enabling it to carry out such a navigation.

2. For the purposes referred to in the preceding paragraph, the required qualification, in cases where the nationality of the employer is the same as that of the vessel's flag, shall be that required in accordance with the law of the country of nationality of the vessel. pattern; and for cases where the two nationalities do not coincide, the qualification shall be that required by the law of the country of residence of the employer or in his absence, that of his nationality.

3. The accreditation of the residence for the Spanish will be done in accordance with the provisions of article 2 of the Royal Decree 3425/2000, of December 15, on the registration of Spanish citizens in the registers of registration of consular offices in the foreign.

Additional provision sixth. Titles acquired in application of Order FOM/3200/2007, of 26 October, for which the conditions for the government of pleasure boats are regulated.

The holders of securities obtained under Order FOM/3200/2007 of 26 October, under which conditions for the government of recreational craft are regulated, may choose either to retain such securities with the the privileges conferred by them or to redeem them for the securities regulated in this royal decree, as provided for in the following additional provision.

Additional provision seventh. Exchange of titles.

Titles issued prior to the entry into force of this royal decree may be redeemed, in accordance with the following equivalences:

a) Patron of sport boats to motor second class by standard for basic navigation: basic and motor attributions

.

b) Pattern of first class motor boats by standard for basic navigation: basic privileges and engine

.

c) Pattern of sailing boats per skipper for basic navigation: basic, complementary sailing and sailing boats.

d) Patron of first class motor boats and standard sailing craft for recreational craft: basic and complementary sailing privileges.

e) Patron of recreational craft restricted to motor by pattern of recreational craft: basic attributions.

f) Patron of coastal sport boats by boat skipper: basic and complementary sailing privileges.

g) Pattern of recreational craft issued prior to the year 1999, by pattern of recreational craft: basic and complementary sailing privileges.

h) Yacht pattern enabled for height navigation by yacht captain: basic and complementary sailing privileges.

i) Pattern for basic navigation by pattern for basic navigation, with the attributions foreseen in this royal decree: basic attributions.

j) Pattern for basic sailing only GNP), per pattern for basic navigation: basic and complementary sailing privileges.

k) Pattern of recreational craft by boat, with the privileges provided for in this royal decree: basic attributions.

l) Patron of recreational craft (sailing) by pattern of pleasure boats, with the attributions foreseen in this royal decree: basic and complementary sailing privileges.

m) Yacht pattern per yacht pattern, with the attributions foreseen in this royal decree: basic attributions.

n) Yacht pattern enabled sailing by yacht skipper, with the attributions foreseen in this royal decree: basic and complementary sailing privileges.

or) Yacht captain by yacht captain, with the privileges foreseen in this royal decree: basic attributions.

p) Captain of yacht enabled sailing by yacht captain, with the privileges foreseen in this royal decree: basic and complementary sailing privileges.

q) Master's certificates for basic navigation issued by means of validation of the title of bridge seaman or sailor of merchant marine machines shall be validated by pattern of recreational craft: basic attributions.

(r) Master's certificates for basic navigation (VGer only) issued by means of validation of the title of a seaman or seaman of merchant marine machines, shall be validated by pattern of vessels of recreation: basic and complementary sailing privileges.

To be able to govern pleasure boats with the new privileges without requesting the expedition of a new title, it will be necessary for the holders of the same, to carry additionally, the title of seaman of bridge or Machine sailor to justify this condition.

s) Federative Authorization by License of Navigation prior to the four hours of mandatory practices for obtaining the Navigation License.

Additional disposition octave. Exchange requirements for other qualifications.

1. Holders of the title of motor, second class, first class and sailing vessels may have access to the title of pleasure craft: basic privileges.

2. Holders of the title of master of a sailing yacht shall have, in addition to the complementary functions of sailing by carrying out the basic safety and navigation regulations and the course of radio-operator Short range, contemplated in this royal decree. They may also, in any case, obtain additional privileges if they carry out the corresponding complementary practices.

3. The holders of the title of the coast sport boat skipper may access the title of yacht master, having the basic and complementary functions of sailing by carrying out the basic regulatory practices of security and navigation and the short range operator radio course, contemplated in this royal decree.

Additional provision ninth. Exchange of certificates issued by the Autonomous Communities.

The General Directorate of the Merchant Navy will exchange the certificates issued by the autonomous communities if requested by the interested parties. To do this, in addition to contributing photocopy of the title or card that you want to redeem, the procedure governed by article 24, paragraphs a and b of this royal decree will be followed.

First transient disposition. Federative authorizations.

1. At the time of the entry into force of this royal decree, the federative authorisations which would have been issued by the nautical-sports federations under Article 10 of Order FOM/3200/2007, of 26 October, governing the conditions for the government of recreational craft, shall retain their privileges, unless the circumstances provided for in paragraph 3 of this provision have been produced, and may be exchanged at the time of their renewal by the navigation if the person concerned carries out the 4 hours of practice set out in Annex III of this royal decree.

2. For the purposes of the above paragraph, the nautical sports federations of Spain must send to the General Direction of the Merchant Navy within the maximum period of 2 months from the entry into force of this royal decree, signed and sealed in addition to editable digital format, the following information:

(a) Name, surname and DNI/NIE/Passport of the holders of the authorisations granted.

b) Date of issue of the authorization.

c) Place of the same.

d) Responsible for the expedition.

3. After the expiry of the period referred to above, the data shall not be deemed to have been issued without any authorisation being issued, including the loss of the validity of the data.

Second transient disposition. Situations arising from the application of Order FOM/3200/2007 of 26 October on the conditions for the government of recreational craft.

1. Persons who have made in their entirety any of the practices regulated in Order FOM/3200/2007 of October 26, must complete those that are missing according to the provisions of this royal decree for the expedition of the title, having a maximum period of 24 months, counted from the entry into force of this royal decree, in order to comply with the requirements for the issue of the title required in the present decree and to make its application. Otherwise, and taking into account the third paragraph of Article 23, they shall be resubmitted to the whole of the evidence as specified in this royal decree.

2. The qualifications obtained by those persons who have approved the whole of the corresponding theoretical examination, as stipulated in Order FOM/3200/2007, of 26 October, shall be recognized, having a maximum period of 24 months, counted from the entry into force of this royal decree in order to meet the requirements for the issue of the title required in the present order and to make its application. Otherwise, and taking into account the third paragraph of Article 23, they shall be resubmitted to the whole of the evidence as specified in this royal decree.

3. The qualifications obtained by those persons who have approved any of the subjects that make up the entire theoretical test, as stipulated in Order FOM/3200/2007, of 26 October, shall be recognized. the following three calls for evidence of the qualification to be obtained, counted from the entry into force of this royal decree. During that period they may be examined solely and exclusively for those matters not yet approved. After this deadline they must submit again to the totality of the theoretical test according to what is specified in this royal decree.

Transitional provision third. Deadlines for adaptation.

1. Currently approved or recognised schools which do not meet the requirements laid down in this royal decree shall have a period of six months from the date of entry into force for their compliance.

2. After the deadlines referred to above without having been established, the administration with competence over the schools shall give a reasoned decision on the matter. When the competition corresponds to the General Direction of the Merchant Navy, the rules that are the object of Article 34 of this royal decree will apply.

Transitional disposition fourth. Practices in non-maritime inland waters.

Schools which are currently authorised to provide security and navigation practices for the purpose of obtaining the title of pleasure craft in non-sea inland waters may continue to be provided for in those schools. waters of these practices, for a maximum period of 6 months from the entry into force of this royal decree.

Transient disposition fifth. Communications by telematic means.

During the one-year period since the publication of this standard in the "Official State Gazette" communications to the administration regulated by this royal decree may be carried out by means other than telematic means.

Single repeal provision. Regulatory repeal.

Order FOM/3200/2007, dated October 26, is hereby repealed, governing the conditions for the government of recreational craft and how many provisions of the same rank or lower rank are opposed to this royal decree.

Final disposition first. Competence title.

This royal decree is issued under the protection of Article 149.1.20. of the Constitution which establishes the exclusive competence of the State in the field of merchant marine.

Final disposition second. Implementing powers.

The acts of material execution for the application of the provisions of this royal decree will correspond to the Director General of the Merchant Navy or the corresponding organs of the autonomous communities that they have assumed. skills in the field of water-sports teaching.

Final disposition third. Enablement faculties.

1. The Minister for Public Works is empowered to amend Annexes I, II, III, IV, V, VI and IX to this royal decree, provided that the amendments have been imposed by technical advances related to the characteristics of the vessels and equipment for the performance of practices, as well as when the modifications should be made pursuant to the provisions of national or European Union legislation.

2. The Minister of Public Works is also empowered to amend Annex VIII to this royal decree, provided that the modifications are made by progress or technical improvements in relation to the characteristics of the vessels, their apparatus government and its teams, provided that they facilitate their use by persons with disabilities in a way that does not result in discrimination, upon request of CERMI and favourable report of the Ministry of Health, Social Services and Equality.

3. The Director General of the Merchant Navy is empowered to update Annex VII of this royal decree in accordance with the legislative amendments that may justify it.

Final disposition fourth. Entry into force.

This royal decree will enter into force three months after its publication in the "Official Gazette of the State", with the exception of the following exceptions:

1. The forecasts which are the subject of this royal decree which are related to the granting of the licenses of navigation by the sailing and motor federations and the schools of nautical will take effect to the twenty days of their publication in the "Official State Gazette".

2. The derogation regime under Article 10 of this royal decree shall enter into force on the day following that of its publication in the Official Gazette of the State.

Given in Madrid, 10 October 2014.

FELIPE R.

The Minister of Development,

ANA MARIA PASTOR JULIAN

ANNEX I

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ANNEX II

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ANNEX III

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ANNEX IV

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ANNEX V

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ANNEX VI

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ANNEX VII

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ANNEX VIII

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ANNEX IX

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