In the development of the forecasts contained in Article 35 of the Organic Law 1/1990, of 3 October, of General Management of the Educational System, the titles of vocational training of " Technical superior in Navigation, Fishing and Maritime Transport "," Senior Technical Supervision and Control of Machines and Facilities of the Ship "," Technical in Fisheries and Maritime Transport "and" Technical in Operation, Control and Maintenance of Machines and Facilities of the Ship ", by the Royal Decrees 721/1994, 722/1994, 724/1994 and 725/1994 respectively.

The above provisions approve the relevant minimum teachings, the possible convalidations of these teachings, the access to other studies, the minimum requirements of the educational institutions and other aspects of management academic. However, it is not necessary to establish the precise rules defining the professional scope of these academic qualifications.

Consequently, it is necessary to regulate the additional requirements of the above qualifications, so that their holders are enabled to be part of the envelopes of the different civil vessels, distinguishing between the specific requirements and privileges for the area of fishing vessels and the requirements and privileges for other civil vessels.

With regard to all professional qualifications subject to regulation, the standard makes it possible for professionals from fishing vessels to be able to access the remaining civil vessels, and vice versa, either by establishing requirements This is the case where this is possible, in addition to the training already available.

The requirements for obtaining the professional titles that are regulated and the privileges of these have been determined on the basis of the international provisions in the field, as well as the plans of study, training curricula and professional profiles contained in the respective academic titles. In addition, account has been taken of the commitments made during the day, between the various social partners and the competent authorities, when the study plans and professional profiles of academic qualifications were agreed.

In relation to this issue, the tonnage units of merchant ships have been updated, as the 1995 Amendments to the International Convention on Standards of Training, Titulation and Guard for the People of The new criteria, which have changed from the previous gross registered tonnes (GRT) to new tonnes of gross tonnage (GT), are set out in 1978. The International Convention, under Article 96 of the Spanish Constitution of 1978, is binding as part of the Spanish national law.

This Royal Decree is dictated by the exclusive competence of the State to dictate the basic regulations on the management of the fisheries sector, as provided for in Article 149.1.19. of the Constitution, as well as of which, Article 149.1.20 of the Constitution itself on the scope of the Merchant Navy, and in the development of the provisions of Article 86.9 of Law 27/1992, of 24 November, of Ports of the State and of the Marine Merchant.

In the elaboration of this Royal Decree the Autonomous Communities and the affected sector have been heard.

In its virtue, on the proposal of the Ministers of Development and Agriculture, Fisheries and Food, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of May 14, 1998,

DISPONGO:

Article 1. Object and scope of application.

It is the object of this Royal Decree to regulate the professional titles of Patron de Altura, Patron de Litoral, Naval Mechanics and Naval Mechanics, establishing, with respect to each of them, the necessary requirements for their procurement, as well as the corresponding professional privileges of their holders, both on fishing vessels and on merchant vessels.

Article 2. Definitions.

For the purposes of this Royal Decree and development provisions are understood by:

1. Professional title: the document issued by the competent authority which certifies that its holder meets the required requirements and empowers him to pursue the profession with the corresponding privileges.

2. Professional card: the document that credits the possession of the corresponding professional title and must be renewed periodically.

3. Civil vessel: any vessel, platform or floating device, with or without displacement, suitable for navigation and not affected by the service of national defence.

4. Merchant vessel: any civil vessel used for navigation with a commercial purpose, excluding those engaged in fishing.

5. Fishing vessel: the commercial vessel used commercially for the capture of fish or other living resources of the sea.

6. Passenger ship: the merchant vessel carrying more than 12 passengers.

7. Length: is the measure of length in the Certificate of the Arqueo of the vessel.

8. Gross tonnage: the tonnage of the vessel expressed in gross tonnes (GT), in accordance with the International Convention on the Arqueing of Ships, 1969, which is contained in the Certificate of Arqueo.

9. Propellant power: the maximum continuous power of a vessel measured in kilowatts (kW), which together have all of its main propulsion machines and which is recorded in the ship's registration certificate.

10. Shipping period: is the service provided on board a ship for the purpose of completing the training, counted in calendar months from the date of embarkation to the landing date.

11. Standard: is the person who, being in possession of the corresponding professional qualification, holds the representation of the shipowner, exercises the direction of the ship in all its aspects and has the public and private functions that he attributes to him legislation in force.

12. Head of machinery: it is the function performed on board a civil vessel by the person who, being in possession of the corresponding professional qualification, exercises the direction of the service of machines and the main propulsion equipment and the ship's auxiliaries, is responsible to the ship for the proper functioning of the services entrusted and has the other functions assigned to it by the legislation in force.

13. Bridge Officer: is the person who, in accordance with the requirements and privileges determined in this Royal Decree and international provisions, is entitled to perform the navigation guard according to the type of ship, tonnage of gross tonnage, length and navigation zone.

14. Machine Officer: is the person who, according to the requirements and attributions determined in this Royal Decree and international provisions, is entitled to perform the guard in the chamber of machines, according to the type of vessel and power Stipulated propellant.

15. First bridge officer: is the bridge officer who remains in the master's range and who, in the event of the latter's inability to assume command of the ship, exercising the functions attributed to him by the legislation in force.

16. First machine officer: is the machine officer who remains in the position of the machine head and who, in the event of his incapacity, will be responsible for the mechanical propulsion of the vessel, exercising the functions attributed to him by the legislation in force.

17. Navigations close to the coast: the navigations made along the coast within the area between the coast and the 60-mile line parallel to it.

Article 3. Height Pattern.

1. Required requirements.

1. Common requirements for all civil ships.

a) Be in possession of the academic title of Senior Technician in Shipping, Fisheries and Maritime Transport.

b) Have been twenty years old.

c) Having passed medical pre-boarding recognition by the Social Institute of the Navy.

(d) Have completed a period of twelve months of boarding on civil ships, as a sailor, carrying out at least six months in the activities of the navigation guard.

2. º Requirements to exercise as a pattern on fishing vessels.

In addition to the requirements laid down in paragraph 1.1., having carried out a boarding period of not less than 12 months as a bridge officer on fishing vessels of length not less than 18 metres.

3. º Requirements for exercising as a pattern on passenger ships.

In addition to the requirements set out in section 1.1. have completed a shipping period on merchant vessels not less than twelve months as a bridge officer.

4. º Requirements to exercise as a pattern on other merchant ships.

In addition to the requirements laid down in paragraph 1.1., having carried out a shipping period on merchant vessels not less than thirty-six months as a bridge officer. This period may be reduced to a minimum of 24 months if service has been provided as the first bridge officer for a shipping period of not less than 12 months.

2. Professional privileges.

1. Common attributions on all civil ships.

Exercise as a bridge officer, except in tank vessels carrying dangerous goods. In addition, for the rating on merchant vessels of gross tonnage exceeding 1,600 GT, a shipping period of not less than 24 months shall have been carried out as a bridge officer on vessels of gross tonnage between 300 and 1,600 GT, applicable, in any case, the limitations set out in paragraphs 2.3. and 2.4.

.

This shipping period shall be computable for the purposes of paragraph 1.4 of this article.

2. º Attributions on fishing vessels.

Exercise as a pattern on fishing vessels with a length of not more than 50 metres, or of first officer of bridge without any limitation.

3. º Attributions on passenger ships.

Exercise as a master or first bridge officer in seashore seagoing on passenger ships with a gross tonnage not exceeding 300 GT, as well as a maximum of 250 passengers.

4. º Attributions on the remaining merchant ships.

Exercise as a master or first bridge officer on merchant ships with a gross tonnage of no more than 1,600 GT, except for tank vessels carrying dangerous goods.

Article 4. Naval Major Mechanic.

1. Required requirements.

a) Be in possession of the academic title of Senior Technician in Supervision and Control of Machines and Facilities of the Buque.

b) Have been twenty years old.

c) Having passed medical pre-boarding recognition by the Social Institute of the Navy.

(d) Have completed a period of twelve months of boarding on civil ships, as a sailor, carrying out at least six months in the activities of the machine camera guard.

2. Common professional privileges on all civil ships.

(a) Exercise as an officer of machines or as the first officer of machines on merchant ships of propellant power not exceeding 3,000 kW, except in both cases on tanks carrying dangerous goods.

In addition, for the rating of machines on merchant ships of a propellant power exceeding 3,000 kW, a shipping period of not less than 12 months shall have been carried out as an official of machines on ships of propellant between 500 and 3,000 kW.

This shipping period shall be computable for the purposes of paragraph 2.b) of this Article.

(b) Exercise the head of machines on ships with a propellant power not exceeding 3,000 kW, except in tank vessels carrying dangerous goods. In addition to the requirements of paragraph 1, a boarding period shall not be less than twenty-four months, of which at least 12 months have been fulfilled by the head office of the head of the head office. machines.

Article 5. Pattern of Litoral.

1. Required requirements.

1. Common requirements for all civil ships.

a) Being in possession of the academic title of Technical in Fisheries and Maritime Transport.

b) Haber turned eighteen years old.

c) Having passed medical pre-boarding recognition by the Social Institute of the Navy.

(d) Have completed a period of twelve months of boarding on civil ships, as a sailor, carrying out at least six months in the activities of the navigation guard.

2. º Requirements to exercise as a pattern on fishing vessels.

In addition to the requirements laid down in paragraph 1.1., having carried out a boarding period of not less than 12 months as a bridge officer on fishing vessels of length not less than 12 metres.

3. º Requirements for exercising as a pattern on passenger ships.

In addition to the requirements set out in paragraph 1.1., have completed a shipping period of not less than twelve months as a bridge officer on merchant ships.

4. º Requirements to exercise as a pattern on other merchant ships.

In addition to the requirements laid down in paragraph 1.1., having carried out a shipping period of not less than thirty-six months as a bridge officer on merchant ships. This period may be reduced to a minimum of 24 months if service has been provided as the first bridge officer for a shipping period of not less than 12 months.

2. Professional privileges.

1. º Attributions on fishing vessels.

(a) Exercise as a bridge officer on fishing vessels with a length of not more than 50 metres.

b) Exercise of pattern on fishing vessels of length not exceeding 30 metres, within the area between the parallel 52o north and 10th north and the meridians 32o west and 30o east, or of the first bridge officer on fishing vessels of length not exceeding 50 metres.

2. º Attributions on passenger ships.

Exercise as a patron, first bridge officer or bridge officer on passenger ships with a gross tonnage not exceeding 200 GT and carrying a maximum of 150 passengers in navigations conducted along the coast within the zone between the area and the 30-mile line parallel to it.

3. º Attributions on the remaining merchant ships.

(a) Exercise as a bridge officer on merchant ships, except on tankers carrying dangerous goods, with a tonnage of gross tonnage not exceeding 1,600 GT.

b) Exercise as a master or first bridge officer on merchant ships, except in tank vessels carrying dangerous goods, with a gross tonnage not exceeding 700 GT, in navigations close to the coast.

Article 6. Naval Mechanic.

1. Required requirements.

a) Be in possession of the academic title of Technical in Operation, Control and Maintenance of Machines and Facilities of the Buque.

b) Haber turned eighteen years old.

c) Having passed medical pre-boarding recognition by the Social Institute of the Navy.

(d) Have completed a period of twelve months of boarding on civil ships, as a sailor, carrying out at least six months in the activities of the machine guard.

2. Common professional privileges on all civil ships.

(a) Exercise as a machine officer and first officer of machines on propulsion power vessels of no more than 3,000 kW, except on tank vessels carrying dangerous goods.

(b) Exercise the head of machines on ships with a propellant power not exceeding 1,400 kW, except in tank vessels carrying dangerous goods. In addition to the requirements of paragraph 1, a boarding period shall not be less than 24 months, of which at least 12 months, at least, where the head office is responsible for carrying out the duties of the first person. machine officer.

Article 7. Professional titles and professional nautical-fishing cards.

1. Once accredited by the interested parties who meet the conditions required by this Royal Decree and, where appropriate, by the supplementary legislation which the Autonomous Communities dictate for the exercise of professional activities on fishing vessels, shall be issued by the competent authority referred to in Article 8 of this Royal Decree of the corresponding professional titles and cards.

2. Nautical-fishing professional cards shall be valid throughout the national territory and shall be issued at least in Spanish.

Autonomous Communities with a co-official language other than Spanish may issue professional titles and cards in Spanish or in bilingual text. In this case, they shall be issued in a single document drawn up in Spanish and in the other official language of the Autonomous Community in the same type of letter of the same rank.

3. The professional nautical-fishing card shall be valid until the holder of the professional card complies with the age of fifty years. From that age it is necessary to renew it every five years, by crediting the application for renewal that the person concerned is not a pensioner of Social Security by retirement or invalidity in the form of permanent or total permanent incapacity, and the validity of the medical examination prior to the boarding performed by the Social Institute of the Navy.

4. The professional nautical-fishing card shall contain at least the data set out in Annex I.

Article 8. Issue of professional titles and cards.

1. It is up to the Ministry of Public Works to issue the professional qualifications and cards which they enable for the exercise of the profession on merchant ships.

2. It is for the competent Autonomous Communities to issue and renew the titles and professional nautical-fishing cards which they enable for the pursuit of the profession on fishing vessels.

Article 9. Records.

1. The competent bodies of the Autonomous Communities shall transfer to the General Register of Professional Identity Cards of the General Secretariat for Maritime Fisheries of the Ministry of Agriculture, Fisheries and Food related to the titles and cards covered by this Royal Decree which have been issued to the professionals in the fishing sector. The data reference shall be made within the maximum period of two months after the issue of such securities and cards.

2. The registration of the General Directorate of the Merchant Navy will include the data relating to those who have accessed the professional titles regulated in this Royal Decree.

3. The Ministry of Agriculture, Fisheries and Food and the Ministry of Public Works will exchange the data of the professional cards and cards issued in accordance with this Royal Decree, in order to be recorded in both Departments.

Additional disposition first. Requirements for boarding.

Students who have passed the training courses required as a condition for obtaining the professional qualifications regulated in this Royal Decree and who are in possession of the corresponding certificate of study may be in the capacity of seamen to carry out the required boarding period for each qualification.

Additional provision second. Maintenance of attributions.

1. The holders of the regulations prior to this Royal Decree shall continue in the exercise of their privileges under the conditions of such legislation.

2. By way of derogation from paragraph 1, the Major Naval Mechanics, First and Second Class, shall also have the following powers to exercise the leadership and as an officer of machines in all types of civil vessels:

a) Major Naval Mechanics, up to 3,000 kW of propellant power.

b) First Class Naval Mechanics, up to 1,100 kW of propellant power.

c) Second Class Naval Mechanics, up to 400 kW propellant power.

Additional provision third. Recognition of shipping periods.

Shall be recognised by the competent authority, after documentary justification, the periods of embar set out in Articles 3, 4, 5 and 6, in the following cases:

(a) To professional bridge graduates who have been employed as a master or bridge officer on ships larger than 12 metres in length, as laid down in Articles 3 and 5.

(b) To professional graduates of machines who have exercised the head office or of the machinery officer, those established in Articles 4 and 6.

(c) To professional bridge graduates who have not exercised as a master or bridge officer, those established in Articles 3.1.1. (d) and 5.1.1. (d).

(d) To professional graduates of machines which have not exercised the leadership or officer of machinery, those laid down in Articles 4.1.d) and 6.1.d).

Additional provision fourth. Port tugs.

The Naval Mechanics and Naval Mechanics regulated in this Royal Decree, as well as the Major Naval Mechanics Major, First and Second Class regulated in the previous regulations, will be able to be enabled by the Ministry of Development, through the Directorate General of the Merchant Navy, to exercise functions inherent in its certification in tugboats of ports that operate exclusively with a single base port, up to doubling the power of its respective attributions.

Additional provision fifth. Tank vessels carrying dangerous goods.

The professional graduates referred to in this Royal Decree may exercise in tankers carrying dangerous goods, provided that they are in possession of the relevant certificates of maritime craft required in the respective tank vessel.

Additional provision sixth. Certificates of Local Fishing Pattern and the Versatile Coastal Pattern regulated in Royal Decree 662/1997 of 12 May.

1. The minimum duration for the imparting of the knowledge necessary for obtaining the titles of the Local Fishing Pattern and the Multi-purpose Coastal Pattern shall be 250 and 600 hours, respectively.

2. The Ministry of Public Works, through the Directorate-General of the Merchant Marine, may authorise the graduates of the Local Fisheries Pattern and the Multi-purpose Coastal Patron to exercise on merchant vessels operating in inland waters, with the (a) the terms of reference of the Royal Decree 662/1997 and up to a maximum of 150 persons on passenger ships. For such purposes, the corresponding professional card shall be issued to them.

Additional provision seventh. Application Rules.

1. The following precepts constitute legislation of the Merchant Navy, dictated under the protection of article 149.1.20. of the Constitution: 1; 2; 3.1.1. º; 3.1.3. º; 3.1.4. º; 3.2.1. º; 3.2.3. º; 3.2.4. º; 4; 5.1.1. º; 5.1.3. º; 5.1.4. º; 5.2.2. º; 5.2.3. º; 6; 8.1; 9.2; 9.3; additional first, second, third, fourth, fifth and sixth provisions, first transitional arrangement and first and second final provisions.

2. The following precepts are basic regulations for the management of the fisheries sector, issued under Article 149.1.19. of the Constitution: 1; 2; 3.1.1. º; 3.1.2. º; 3.2.1. º; 3.2.2. º; 4; 5.1.1. º; 5.1.2. º; 5.2.1. º; 6; 7; 8.2; 9.1; 9.3; provisions First, second, third and sixth, transitional first and second provisions, and first and second final provisions.

First transient disposition. Issuance of professional titles and cards under the regulations prior to this Royal Decree.

Professional titles and cards may be issued with the training requirements set out in the regulations prior to the entry into force of this Royal Decree up to two years after the widespread introduction of the training This is a specific, medium-grade and higher-grade professional, respectively, derived from the Organic Law 1/1990 of 3 October of General Ordination of the Educational System. All without prejudice to the renewals regulated in Article 7.3 of this Royal Decree.

Second transient disposition. Transfers to the Autonomous Communities.

Until the transfer of functions and services to the Autonomous Communities takes place, the powers corresponding to those provided for in this Royal Decree, will be exercised by the Ministry of Agriculture, Fisheries and Power.

Single repeal provision. Regulatory repeal.

Without prejudice to the provisions of the transitional provision, all provisions of the same or lower rank are repealed, which are contrary to the provisions of this Royal Decree and, specifically, the following rules:

(a) Royal Decree 1611/1987 of 23 December 1987 governing the privileges and conditions for obtaining the professional titles of Naval Mechanics in Fishing Vessels.

b) Article 5 of Royal Decree 2061/1981, of 4 September, on professional titles of the Merchant Navy.

(c) Decree 2596/1974 of 9 August 1974 on professional qualifications for commercial and fishing navies, with the exception of Article 1 (2), as regards the Captain of Fisheries, and Article 3 (1

.

(d) Order of 24 April 1997 updating the conditions for the issue of the degrees of General Master of Cabotage and Head of Cabotage, regulated in Royal Decree 2061/1981 of 4 September 1981 on securities Merchant Navy professionals.

Final disposition first. Faculty of development.

The Ministers of Development and Agriculture, Fisheries and Food are empowered, within the scope of their respective competences, to dictate how many provisions are necessary for the best fulfillment of this Royal Decree.

Final disposition second. Entry into force.

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 on May 14, 1998.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

FRANCISCO ALVEZ-HELMETS FERNANDEZ

ANNEX I

Minimum professional card content

ANNEX II

Data to be sent by the Autonomous Communities to the General Secretariat for Maritime Fisheries, in respect of each professional title and card:

a) Name, last name, national identity document number, and order number.

b) Date of issue.

c) Antiquity of the titration.

d) Specifying whether these are new titles or cards, or to validate and renew them, if any.