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Order Fom/1131/2005, Of 18 April, Which Approve The Regulatory Bases Of The Granting Of Scholarships In The Maritime Professional Specialty.

Original Language Title: ORDEN FOM/1131/2005, de 18 de abril, por la que se aprueban las bases reguladoras de la concesión de becas en la especialidad profesional marítima.

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Law 27/1992, of Ports of the State and of the Merchant Navy, of November 24, establishes, in its Title III, Chapter III, the competences of the Maritime Administration. These include those relating to the safety of human life at sea and to maritime navigation, as well as to the rescue of human life at sea, to the control of maritime traffic, and to the planning and implementation of inspections and the technical, radio-electric, safety and pollution prevention controls of all Spanish vessels and those currently under construction in Spain. The same legal text considers the civil fleet, the merchant fleet and the national fishing fleet, and the recreational and sports vessels. The powers relating to the registration and control of the civil maritime personnel, the composition of the the allocation of the vessels, and the determination of the general conditions of suitability, professionalism and qualifications to be part of them. Consequently, the students who study in the University of Civil Marine Centers and those who study in the Centers where the Superior degrees of the Superior Technical in Navigation, Fisheries and Maritime and Technical Transport are taught. In the case of the Commission, the Commission has taken the view that, in the light of the Commission's decision, the Commission will be able to take the necessary measures to ensure that the Commission is able to carry out the necessary measures. (a) to be used for the purposes of training and certification for the purposes of tripustrate. In addition, those who, by meeting the conditions required in the relevant selective processes, will be able to participate as technicians of that administration. By Order FOM/30 29/2004, of 21 September, on delegation of privileges in the Secretary General of Transport and the Directors General of Transport by Road, Merchant Marine and Civil Aviation, the Director General of the Navy Mercante has delegated the jurisdiction to grant aid and subsidies in accordance with the current regulations. In order to make it easier for the students of the above mentioned schools to provide a necessary theoretical and practical complement to the subjects which form part of their curricula and, in particular, those carried out by the Maritime Administration, as well as to know more fully the regulatory regulation of the sector that results from application to the ships where they will develop in the future their professions, they establish the relevant regulatory bases for the aids in conditions of equality and In accordance with the provisions of Articles 9.2 and 17 of Law 38/2003 of 17 November, General of Grants. In its virtue, I have:

Article first. Object.

The purpose of this order is to establish the regulatory basis for the award, under competitive competition and in accordance with the principles of objectivity and publicity, of scholarships for training, both for training and for training. In the field of maritime transport, the Commission has been responsible for the implementation of the programme for the implementation of the programme for the implementation of the programme.

The aid will take the form of theoretical/practical training grants and will be financed from the budgets allocated for this purpose to the General Directorate of the Merchant Marine.

Article 2. Requirements for applicants, form and time limit for the submission of applications.

1. Aid may be requested by natural persons, of Spanish nationality or with the nationality of a Member State of the European Union, in compliance with the requirements laid down in Article 13 of Law 38/2003 of 17 November 2001. Grants, at the time of application, are registered at a Civil Marine University Centre or at a Centre where the higher degree courses of Professional Training of Senior Technician in Navigation, Fisheries and Maritime and Senior Technical Transport in Supervision and Control of Machines and Facilities of the Buque, which have the consideration of students, during the academic year in force at the time of publication of the specific call, of the courses referred to in Article 6, and that they are not disabled for the purpose of obtaining grants or grants (a) To be in possession of the corresponding diploma.

b) To be enrolled in some subject of the fourth or fifth career courses in the academic year in which the call is published.

1.2 For students from the Centers where the Top grades of the Top Technician in Navigation, Fishing and Maritime Transport and Senior Technical in Supervision and Control of Machines and Facilities of the Buque are imparted:

a) Have the first complete course approved.

b) Be enrolled in some subject of the second course in the academic year in which the call is published. c) Be performing the Training module at Work Centres.

1.3 Do not suffer from disease or be affected by physical or mental limitation that prevent the theoretical/practical training to be performed. 2. Applications shall be made by writing to the Director General of the Merchant Navy, and shall be presented in the General Register of the General Directorate of the Merchant Navy, in any Maritime Captaincy, or in any of the places Article 38 (4) of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

The time limit for filing shall be ten working days, counted from the day following the publication in the Official Gazette of the State of the specific call.

Article 3. Call.

1. The procedure for granting scholarships shall be initiated by public notice, which shall be approved by the Director General of the Merchant Navy and published in the Official Gazette of the State, in which the express mention of the Law shall be made General of Grants and of this Order.

2. The call must include:

(a) The number of scholarships called for students from the University of Civil Marine Centres, from the Centers where higher education of the Higher Technical Training of the Technical Higher in Navigation, Fisheries and Maritime Transport is taught, and Superior Technical Supervision and Control of Machines and Facilities of the Buque.

(b) The purpose of the scholarships concerned and the duration of the grants, which shall not exceed one year, as well as the number of hours each grant involves theoretical/practical training. The general object of the scholarships granted by the General Directorate of the Merchant Navy will be in any case the one contained in the first article of this order. (c) The determination that the award shall be carried out under competitive competition. (d) the specific requirements to be met by the applicants and the manner in which they are accredited to ensure conditions of effective competition. In this regard, the relevant calls may provide for the applicant's academic record to reach a minimum of average note, specifying the scale to be applied in order to calculate it. (e) the time limit for the submission of applications and the body to which they are to be sent, to which the provisions of Article 23.3 of the General Grant Law shall apply. (f) The application model for the call. (g) the documentation and reports to accompany the application form. (h) The criteria for the assessment of applications. (i) Indication of the competent bodies for the instruction and resolution of the proceedings. (j) the budgetary appropriation to which the grants are to be charged and the maximum total amount of the grants within the available appropriations and the estimated amount of each grant. (k) the period and form of justification by the beneficiary of the fulfilment of the purpose for which the grant was awarded and the application of the funds granted. (l) The means of publication, in accordance with the provisions of Article 59 of Law No 30/1992, which ensure adequate dissemination and accessibility for the persons concerned. (m) The maximum period for resolving the procedure and the publication of the relevant decision, specifying the nature of the non-resolution in time, in accordance with Article 5 (4) of that Order. (n) an indication that the decision to grant the grant or the grant of the grant ends the administrative route, as well as the resources which it has brought and the body to which it is to be brought.

Article 4. Commission of Valuation.

1. The composition of the Commission which will be responsible for the assessment of the required requirements and the assessment of the merits alleged by the applicants, and which will be the responsibility of raising the reasoned proposal to the competent authority for the resolution. of the procedure, shall be the one specified in each call. The Commission shall be composed of the following members: President: A Deputy Director-General of the Directorate-General of the Merchant Navy.

Vocals: Two officials from Group A of the General Directorate of the Merchant Navy, one of whom will act as Secretary. Each vowel shall appoint an alternate, who shall be a Group A official appointed by the Director General of the Merchant Navy. In the case of the President of the Commission, the alternate shall be the Deputy Director-General or equivalent official appointed by the Director-General of the Merchant Navy.

2. The operation of the Commission shall be in accordance with the Collegiate Bodies regime laid down in Articles 22 to 27 of Law No 30/1992. It shall be validly constituted, with the presence of the President and the Secretary.

This Commission will act as the manager of all the acts arising out of the call, its development and resolution of incidents that could be considered including the proposal for the resolution of scholarships to be granted.

Article 5. Selection of candidates.

1. In accordance with Article 10 of the General Law on Grants, the grants referred to in this Order shall be granted, by administrative decision, by the Director General of the Merchant Navy, upon entry budget, and on a proposal from the Commission of the Valuation referred to in Article 4 of this Order.

2. The Valuation Commission shall, within a period not exceeding two months from the date of completion of the submission of instances, raise the appropriate proposal for the resolution of the selected applicants to the Director General of the Merchant Navy and, in their case, of his substitutes for the case of resignation by his holder to the obtained scholarship. The selection of candidates will be made according to the score obtained in the assessment of the merits contributed. The list of substitutes will not generate any right for subsequent calls. 3. The Director General of the Merchant Navy shall give a reasoned decision within 15 days, awarding the grants to the holders and approving, where appropriate, the list of candidates who, following the order of score obtained, shall replace the holders in the event that any of the latter will give up the scholarship that would have been awarded to him. This Resolution shall be published, in accordance with Article 59.5.b), of Law No 30/1992, in the notice boards of the Directorate General of the Merchant Navy, the First-Category Maritime Capitanies and on the website of the Ministerio de Fomento, http://www.mfom.es. 4. In the event of the expiry of the six-month period without having been given and published express resolution, the claims shall be deemed to be dismissed by administrative silence in accordance with the provisions of Article 25 of the Law General of Grants. 5. The decision, which ends the administrative procedure, may be appealed for in replacement or be directly challenged in the context of the judicial-administrative judicial order, in accordance with the provisions of Article 116 of the Law 30/1992.

Article 6. Coefficients for the merits of the subjects covered by the assessment:

1) The coefficients of the students of the University Centres of Civil Marine are: a) For the students in possession of the diploma of diploma in Maritime Navigation, as well as those who are in the possession of the counterpart In the case of the case-law of the Court of First Case, the Court held that the Court held that the Court held that the Court held that the Court of First Following: Maritime navigation, 2.67.

Regulation of the ship and its holding, 1.33. Maritime safety and pollution prevention, 1.33. Radio systems for navigation aid, 1.33. Ship theory, 2.00. Special maritime transport and stowage, 1.33.

(b) For pupils in possession of the diploma of diploma in Naval Machines, as well as those who are in possession of the counterpart established in Royal Decree 1954/1994, created by Royal Decree 1497/1987, the materials and their coefficients are as follows:

Organization and maintenance of the ship, 1.25.

Regulation and control of naval machines, 1.87. Maritime safety and pollution prevention, 1.25. propulsion systems, 2.5. Electrical and electronic systems of the ship, 1.25. Maintenance technology, 1.87.

(c) For pupils in possession of the diploma of diploma in Naval Radioelectronic, as well as those in possession of the counterpart established in Royal Decree 1954/1994, created by Royal Decree 1497/1987, are the following:

Radio navigation aid systems, 2.38.

Electronics, 1.43. Radiotechnics, 2.38. Ship's communication systems and services, 1.90. Maritime safety, 0.48. Ship control and government systems, 1.43.

2) The scales of the students of the students of the Centers where the Superior Degrees of the Superior Technical in Navigation, Fishing and Maritime Transport and of the Superior Technician in Supervision and Control of Machines and Facilities of the Buque:

(a) For pupils who have passed the first course of the Senior Technician in Navigation, Fisheries and Maritime Transport, the professional modules subject to assessment, and their value, are: maritime law, fisheries legislation and administration: 0.50.

Maneuver and cargo ship: 2.16. Boat government: 2.16. Sea fishing and the biology of species of commercial interest: 2.16. Safety, prevention and survival at sea: 0.86. Emergency health care on board: 0.79. Foreign language: 0.94. Relations in the field of work: 0.43. Training and employment guidance: 0.5.

(b) For students who have passed the first course of Senior Technical Supervision and Control of Machines and Facilities of the Buque, the professional modules, and their value, are:

propulsion systems and ship services: 1.58.

Installation and electrical equipment of the vessel: 0.96. Automatic and regulatory systems of the vessel: 0.75. Installations and processes for the extraction, preparation and conservation of fisheries: 0,96. Planning and management of the facilities: 0.96. Safety, survival and first aid at sea: 0.89. Auxiliary industrial maintenance techniques: 2.12. Foreign language: 0.89. Relations in the work environment: 0.41. Training and employment orientation: 0.48.

3) On the other hand, for all previous cases, it will be considered as complementary merit, the accreditation of a three-month period of embarkation.

Item seventh. Assessment and weighting criteria.

The evaluation and selection of the applications will be made in competitive competition and taking into consideration the documentation provided in the application, which will be assessed as follows: 1) For the students of the Centers University of Civil Navy. (a) By the middle note of the diploma, it shall have the following value, depending on the certification of the secretariat of the corresponding Centre: Average note of outstanding (between 9,0 and 10, 0): 9,0.

Average note of notable (between 8.0 and 8, 9): 7.0. Average note of notable (between 7.0 and 7, 9): 5.0. Average note of approval (between 6.0 and 6, 9): 3.0. Average note of approval (between 5.0 and 5, 9): 2.0.

b) In all cases, the accreditation of a three-month period of embarkation, has a value of 2.0 points.

(c) By the notes of the subjects covered by the valuation, the result of multiplying each of them by the scale of the scale specified in the sixth article.

2) For the students of the Centers where the cycle of superior Technical in Navigation, Fishing and Maritime Transport and of the Superior Technical Supervision and Control of Machines and Facilities of the Buque is imparted:

(a) By the notes of the subjects subject to valuation, the result of multiplying each of them by the scale of the scale specified in the sixth article.

b) In all cases, the accreditation of a three-month period of embarkation, has a value of 2.0 points.

Article 8. Conditions.

1) The call may require that the successful recipients of the scholarships must be in possession of an insurance policy covering the risks of sickness and bodily accidents during the duration of the grant.

2) The enjoyment of the scholarship, and therefore the condition of a scholarship, does not imply in any case the provision of services, nor employment relationship or functionaries with the General Administration of the State, nor shall it entitle to other compensation This is not the case in Article 10.

Article ninth. Rights and obligations of the grantees.

1) The degree of dedication required will be established in the corresponding call.

2) Award recipients may be absent from the Authority in time for their theoretical/practical training, for academic reasons, provided that they are duly justified by the holder. (3) It is the obligations of the grantees, in addition to those laid down in Article 13 and 14 of the General Law on Grants, to carry out the theoretical/practical training activities, under the superior direction of the Head of the Unit to which the The purpose of which is to establish the functions and tasks to be performed, all of which must be developed by the trainee with satisfactory levels of dedication and performance. 4) The grantee may not disclose, disseminate or make use of the information to which he may have access during his stay in the units of the General Directorate of the Merchant Navy, abstaining, for the duration of the training theoretical/practical object of the grant, to carry out those activities related to the object of the scholarship in which it may have some direct or indirect interest. To this end, at the time of his presentation in the Unit of the General Directorate of the Merchant Navy to which he is attached, he will sign an affidavit.

Article 10. Amount and payment of the grants.

1) Grants covered by this order shall be financed from the corresponding budgetary implementation of the General Budget of the State for each financial year.

2) The maximum amount of the grant will be 2700 €. The actual determination of the amount of each grant will be the result of the multiplication of the number of hours that will be assumed in each case by the theoretical/practical training, which will be specified in each call, by a factor of 7.50 €/hour (seven euro with fifty cents per hour). 3) In the event that the head of the unit to whom the grantee is assigned reports that his level of dedication and performance are not satisfactory, the payment of the scholarship will be interrupted. (4) The invitation to tender may include, within the period of training, the payment of the allowance for payments due, of the proportion of the total amount of the grant corresponding to that monthly payment.

Article 13. System of incompatibilities.

The enjoyment of a grant under this order is incompatible with any other grant, aid, income or resource for the same purpose, from any national or public authorities or entities, the European Union or international bodies.

Article seventeenth. Measures to ensure compliance with the purpose of the grants.

1. By order of the Director General of the Merchant Navy, prior to the case instructed to the effect, it may be revoked the concession or cancel the enjoyment of the same if one of the following circumstances is present: a) The obtaining of the scholarships (a) by distorting the conditions required for granting them.

(b) The failure to comply, for reasons attributable to the beneficiary, of the obligations incurred as a result of the grant of the grant, through a report of the head of the unit to which he is attached, indicating that the and performance of the grantee are not satisfactory. c) The non-incorporation to its destination on the date indicated or to abandon it during the period of enjoyment of the scholarship. d) The waiver of the scholarship by the successful tenderer. This waiver shall be submitted at least ten days in advance of the date to be effective.

2. In the event of revocation of the grant or cancellation of its enjoyment, the Director-General shall agree, in the light of the circumstances, whether the total or partial refund of the amounts received that correspond or only the cancellation is appropriate. of the corresponding fertilisers. For the reimbursement of the amounts received, the provisions of Article 42 of the General Law on Subsidies will be included.

Article 13th. Responsibility and sanctioning regime.

The beneficiaries of the grants and public aid provided in this order are subject to the regime of administrative and sanctions violations provided for in Articles 52 and 69 of the General Law on Subsidies, all of which irrespective of the criminal liability which may result from the failure to comply with the obligation laid down in Article 9 (4).

Single additional disposition. Extra rules.

For all those extremes not provided for in this order, the regulation established in the General Grant Law, as well as the rules of procedure for granting aid and public subsidies, will apply. Royal Decree 2225/1993, as soon as it does not object to the aforementioned Law, as well as in Law 30/1992.

Final disposition first. Regulatory enablement.

The Director General of the Merchant Navy is empowered to dictate how many resolutions he deems necessary in the development and application of the provisions of this Order.

Final disposition second. Entry into force.

This Order shall enter into force on the day following that of its publication in the Official Gazette of the State.

Madrid, April 18, 2005.

Alvarez Arza