With the entry into force of the Organic Law 4/2007, of 12 April, amending the Organic Law 6/2001, of 21 December, of Universities, and of Royal Decree 861/2010, of 2 July, amending the Royal Decree 1393/2007, of 29 October, establishing the ordination of official university teaching, has established a new structure of Spanish teaching and university degrees in line with the objectives set for The construction of the European Higher Education Area, among which are the ones that give access to the higher civil marine titles. This amendment, as well as the latest amendments to the International Convention on Standards of Training, Titling and Guard for the People of the Sea, 1978 (STCW Convention), require changes to the existing rules, so that professional qualifications which give access to the maritime professions adequately collect the necessary knowledge. The present royal decree seeks to recognize, together with the old university studies to extinguish, the corresponding degrees of degree and master.

On the other hand, by virtue of Article 23 of Law 25/2009 of 22 December, amending various laws for its adaptation to the Law on the freedom of access to services and its exercise, the Amendment of Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy, and currently included in the Royal Legislative Decree 2/2011, of 5 September, for which the recast text of the Law of State Ports is approved and the Merchant Navy, which has directly affected Royal Decree 973/2009 of June 12, for which they are regulated professional qualifications of the merchant marine.

The Government of the Kingdom of Spain has recently ratified the Convention of the International Labour Organisation on the Identity Documents of seafarers, number 185/2003, which makes it necessary to include the forecasts contained in their precepts in the rules governing the identity documents of professional seafarers.

Finally, it has been considered appropriate to carry out the adjustment of other aspects of Royal Decree 973/2009 of June 12, in order to adapt it to the current reality of the maritime sector.

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

DISPONGO:

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

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

One. Article 5 (1) (a) is read as follows:

"(a) Be in possession of the official university degree in nautical and maritime transport or the corresponding degree and master degrees in that field."

Two. Article 5 (2) is worded as follows:

" 2. Attributions:

a) Command of civil ships engaged in any kind of navigation without limitation. For the control of fishing vessels, the legislation in force shall be applicable.

b) Exercise as first bridge officer or bridge officer on civilian ships without limitation.

c) Professionally exercise all activities related to your maritime profession. "

Three. A new paragraph (d) is added to Article 6 (2) with the following wording:

"d) To professionally exercise all activities related to your maritime profession."

Four. Article 7 (1) (a) is read as follows:

"(a) Be in possession of the official university degree of diploma in maritime navigation or licentiate in nautical and maritime transport or a degree in that field."

Five. A new paragraph (c) is added to Article 7 (2) with the following wording:

"c) Professionally exercise all activities related to your maritime profession."

Six. Article 8 (1) (a) is read as follows:

"(a) Be in possession of the title of professional training of senior technician in sea transport and deep-sea fishing."

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

" 2. Attributions:

(a) Exercise as first officer and bridge officer on civil ships with a gross tonnage of no more than 1,600 GT, or for vessels with a gross tonnage of up to 3,000 GT, if the practices have been carried out as a pupil. navigation.

(b) It may exercise, in navigations close to the coast, as a pattern in civil ships with a gross tonnage not exceeding 500 GT and a maximum of 350 passengers. To do so, you must credit a boarding period of no less than 12 months as a bridge officer. For the control of fishing vessels, the legislation in force shall be applicable.

(c) To exercise as a bridge officer on civil ships without limitation, you must credit a shipping period of no less than 24 months as a bridge officer on gross tonnage between 100 and 1,600 GT.

d) Exercise as a pattern on civil ships with a gross tonnage not exceeding 1,600 GT. For this purpose, you must credit a shipping period of not less than 36 months as a bridge officer. This period may be reduced to no less than 24 months if the professional exercise of the master or first bridge officer is credited for a period of embarkation of at least 12 months. For the control of fishing vessels, the legislation in force shall be in force. "

Eight. Article 9 (1) (a) and (b) shall read as follows:

" (a) Be in possession of the title of professional training of navigation and coastal fishing.

b) Haber turned 19 years old. "

Nine. Article 9 (2) is worded as follows:

" 2. Attributions:

a) Exercise as a bridge officer on civilian vessels with a gross tonnage not exceeding 1,600 GT.

(b) May exercise as a master or first officer of bridge on civil ships with a gross tonnage of not more than 200 GT and a maximum of 250 passengers, in navigations made along the coast within the area covered between this and the 30-mile line parallel to it. For this purpose, it shall establish a shipping period on vessels of not less than 12 months as a bridge officer. For the control of fishing vessels, the legislation in force shall be applicable.

c) Exercise as a master or first bridge officer on civilian vessels with a gross tonnage not exceeding 700 GT, in navigations close to the coast. To this end, it shall establish a shipping period on vessels of not less than 36 months as a bridge officer. This period may be reduced to no less than 24 months if you credit the employer's professional exercise or first bridge officer during a boarding period of at least 12 months. For the control of fishing vessels, the legislation in force shall be in force. "

Ten. Article 10 (1) (a) and (b) shall read as follows:

" a) Overcome the course, and the practical tests, approved by the General Directorate of the Merchant Navy, the content of which shall be in accordance with the rules of Section A-II/3 of the STCW Code or be in possession of a title or a (a) a vocational training course or being in possession of the relevant certificates of professionalism which include the training required to obtain the professional qualification of the port master.

(b) Haber has been 20 years of age or 19 in the case of being in possession of a professional training degree or course of specialization, as indicated in the previous paragraph. "

Once. Article 11 (1) (a) is read as follows:

"(a) Be in possession of the official university degree of licentiate in naval machines or of the corresponding degree and master degrees in that field."

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

" 2. Attributions:

(a) Exercise as chief engineer officer, first officer or engineer officer, on civil ships without power limitation.

b) Professionally pursue all activities related to your maritime profession. "

Thirteen. A new paragraph (c) is added to Article 12 (2) with the following wording:

"c) Professionally exercise all activities related to your maritime profession."

Fourteen. Article 13 (1) (a) is read as follows:

"(a) Be in possession of the official university degree of diploma or degree in naval machines or a degree in that field."

Fifteen. A new paragraph (d) is added to Article 13 (2) with the following wording:

"d) To professionally exercise all activities related to your maritime profession."

Sixteen. Article 14 (1) (a) is read as follows:

" (a) Be in possession of the academic title of senior technician in the supervision and control of machines and installations of the vessel, or of the title of professional training to replace it, or of the title of technical specialist of the branch maritime fisheries, marine mechanical specialty. "

seventeen. Article 14 (1) (a) is read as follows:

"(a) Be in possession of the academic title of senior technician in the organisation of the maintenance of ship and craft machinery."

Eighteen. Article 14 (2) is worded as follows:

" 2. Attributions:

(a) Exercise of machine officer and first officer of machines on civil vessels of propellant power not exceeding 3,000 kW.

(b) To exercise as an officer of machines on civil ships of a propellant power exceeding 3,000 kW, where it is established that a period of embarkation of not less than 12 months has been carried out as an official of machines on power vessels propellant between 500 and 3,000 kW. It may also exercise as the first officer of machines on civil ships of propellant power up to 6,000 kW, when, in addition to complying with the requirements and conditions of boarding mentioned above in this paragraph, the exceeding of a course in an approved training centre to provide the title of senior technician in the supervision and control of machines and facilities of the ship.

The duration and the subjects to be taught in the course will be established by resolution of the Director General of the Merchant Navy.

c) Exercise as head of machines on civilian vessels of a propellant power of less than 750 kW.

d) To exercise as head of machines on civil ships with a propellant power not exceeding 3,000 kW, when, in addition to complying with the requirements of paragraph 1 of this Article, a boarding period is credited as an official of Machinery not less than 24 months on powered ships between 500 and 3,000 kW, of which at least 12 months must have been fulfilled by the position of first officer of the machinery.

(e) Exercise as head of machinery on civil vessels of propulsion power not exceeding 6,000 kW when, in addition to complying with the requirements and conditions of boarding referred to in point (d) above, it is established that course in an approved training centre for the provision of the title of higher technician in the supervision and control of machines and installations of the vessel. The duration and the subjects to be taught in the course shall be established by resolution of the Director General of the Merchant Navy. "

nineteen. Article 15 (1) (a) shall be read as follows:

"(a) Be in possession of the title of technical professional training in the maintenance and control of the vessel and craft machinery."

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

" 2. Attributions:

(a) Exercise of machinery officer and first officer of machinery on civil vessels of propellant power not exceeding 3,000 kW.

(b) Exercise of machinery officer on civil vessels of propellant power not exceeding 6,000 kW, when in addition to having exceeded the requirements and conditions of boarding referred to in paragraph 1 of this Article, the exceeding a course in an approved training centre to provide the title of technician in operation, control and maintenance of the vessel's machinery and facilities.

The duration and the subjects to be taught in the course will be established by resolution of the Director General of the Merchant Navy.

c) Exercise as head of machines on civil vessels of propellant power equal to or less than 1,400 kW. For this purpose, he must certify a boarding period of no less than 24 months as a machine officer, of which at least 12 months must have served as the first officer of the machinery. "

Twenty-one. Article 16 (1) (a) is read as follows:

"(a) Be in possession of the official university degree in naval radio or of the corresponding degree and master degrees in that field."

Twenty-two. A new paragraph (e) is added to Article 16 (2) with the following wording:

"e) to professionally exercise all activities related to your maritime profession."

Twenty-three. Article 17 (1) (a) is read as follows:

"(a) Be in possession of the official university degree of diploma or degree in naval radio or a degree in that field."

Twenty-four. Article 17 (1) (b) is read as follows:

" (b) has developed a traineeship period of not less than 6 months, of which at least 3 months must be carried out at marine radio communications stations on board or located on land, and the rest in enterprises, factories or installations related to the radio communications sector. '

Twenty-five. A new paragraph (e) is added to Article 17 (2) with the following wording:

"e) to professionally exercise all activities related to your maritime profession."

Twenty-six. Article 18 (1) (a) is read as follows:

" (a) Overcome the course and practical tests approved by the General Directorate of the Merchant Navy, the content of which shall be in accordance with the rules of Section A-II/4 of the STCW Code, or be in possession of a title or course of specialization of vocational training containing such training. "

Twenty-seven. Article 19 (1) (a) is read as follows:

" a) Overcome the course, and the practical tests, approved by the General Directorate of the Merchant Navy, the content of which will be in accordance with the rules of section A-III/4 of the STCW code or be in possession of a title or a the vocational training specialization course containing such training. '

Twenty-eight. Article 23 (2) is worded as follows:

" 2. Professional suitability tests shall be limited to verifying the exact and complete knowledge of the rules of call contained in Chapter VIII of the STCW Convention and the STCW Code. To this end, a court, appointed as indicated in the additional provision fifteenth, shall verify that the applicant has carried out his or her navigation practices or machines, in accordance with the requirements of Section A-II/1 and A-III/1 of the STCW Code, and that they have been carried out under the direction of a guardian officer on each vessel in which they are engaged in practices, and the various guardian officers must inform that, in their opinion, the applicant has carried out the practices with use and dedication.

In addition, it will be verified that the corresponding training books have been completed and that in those corresponding to the bridge students have been completed at least six months in the activities of the navigation guard. "

Twenty-nine. Article 25 (4) is worded as follows:

" 4. Without prejudice to the above paragraph, students may embark on Spanish or foreign-flagged vessels for the performance of their regulatory practices under conditions other than those referred to above, provided that they have at least the relevant insurance.

(i) the training programmes for vocational or university training will have the same protection as training contracts, with the same temporary constraints, and the entities and companies which finance them must be listed in the Social security by the beneficiaries in the same, as soon as the Social and Economic Agreement for growth, employment and the guarantee of pensions are developed. "

Thirty. Article 25 (7) is worded as follows:

" 7. The Ministry of Public Works, through the General Directorate of the Merchant Navy, through the appropriate collaboration agreement, will be able to designate as a school ships those Spanish merchant ships that can carry at least two students. In the same way, those vessels of the European Economic Area may be designated to perform school-ship functions or, upon request, designated as such by the General Directorate of the Merchant Navy. "

Thirty-one. Article 35 (2) is worded as follows:

" 2. In compliance with the Convention of the International Labour Organization, on documents of identity of seafarers, number 108/1958 or those who replace it, the maritime book will be issued to Spanish citizens holders of certificates (a) a merchant marine, fishing or basic training certificate, which so requests, in accordance with the rules of implementation of the said convention. "

Thirty-two. Article 38 (3) is hereby worded as

:

" 3. Citizens of the European Economic Area who do not have Spanish nationality and hold a professional title with sufficient privileges, issued by a Member State, after having passed the proof of knowledge of Spanish maritime legislation, may exercise the command of national merchant vessels, except in cases where it is established by the Maritime Administration that these jobs are to be carried out by citizens of Spanish nationality for the purpose of involving the effective exercise of common form of prerogatives of public authority which do not represent a very small part of its activities, as provided for in Article 253.2 of the recast text of the Law on State Ports and the Merchant Navy. "

Thirty-three. The fourth additional provision is amended as follows:

1. The heading is replaced by the following: "Professional training holders of educational legislation prior to the one currently in force".

2. A new paragraph 1 is introduced which is worded in the following terms, so that the current paragraphs 1 and 2 will become 2 and 3:

" 1. The academic qualifications declared equivalent by the Ministry of Education, Culture and Sport to the professional qualifications established in this Royal Decree, as a condition for obtaining certain qualifications professionals, they will have the same validity for obtaining them. "

3. Points (a) and (b) of paragraph 3 are worded as follows:

" (a) Holders of the title of more cabotage standard may obtain the professional high standard card of the merchant navy, if they prove that they have sailed from the first officer or master to larger civil ships of 100 GT for a period of not less than 24 months, after obtaining the title of the largest standard of cabotage.

(b) Holders of the cabotage master's certificate may obtain the professional sea-shore pattern card of the merchant navy if they certify that they have sailed from the first officer or master to civilian vessels larger than 100 GT. for a period not less than 24 months after obtaining the title of the cabotage standard. '

Thirty-four. Paragraph 1 of the sixth additional provision is worded as follows:

" 1. The holders of the professional fishing professional card of a multi-purpose coastal pattern and local fishing pattern shall be authorized by the corresponding maritime captaincy to exercise the government of merchant vessels and up to a maximum of 150 persons in passenger ships, including polyvalence, or the head of the machine with the following limits:

(a) Multi-purpose coastal pattern: government of merchant vessels up to 24 meters in length between perpendiculars and 400 kW of effective power of the machine, in inland waters. It shall be capable of exercising the head of the machine on ships of up to 400 kW of effective power in an engine or in two or more engines.

b) Local fishing pattern: government of merchant vessels up to 12 meters in length between perpendiculars and 100 kW of effective machine power, in inland waters. The machine's head may be used up to 100 kW in an engine or two or more engines. "

Thirty-five. An additional eleventh provision is added with the following content:

" Additional Disposition 11th. On the quality requirements of schools and faculties.

The schools and faculties authorized for the delivery of the university studies that give the right to obtain the degree and the master in its various specialties that allow to obtain the professional titles of marine Captain of the merchant navy, pilot of the merchant navy, pilot of second of the merchant marine, chief of machines of the merchant marine, official of machines of first of the merchant marine, official of the second marine machines merchant marine, first of the merchant marine and radio official of the The second part of the merchant navy must comply with the minimum quality requirements, with the carrying out of independent audits and with the referral of the information to the General Directorate of the Merchant Navy, as set out in the Articles 20, 21 and 22 of this royal decree. "

Thirty-six. An additional twelfth provision is added with the following content:

" Additional Disposition 12th. On the adequacy of the curricula to the STCW Convention.

The Ministry of Public Works, through the Directorate General of the Merchant Navy, will verify, through the inspections it deems appropriate, the adequacy of the different grades and masters to the contents of the Convention STCW-78/95 and its modifications. "

Thirty-seven. An additional thirteenth provision is added with the following content:

" Additional Disposition thirteenth. Recognition of practices.

When the periods of practice referred to in Articles 7, 13 and 17 of this royal decree are included in the degree of university degrees entitling them to obtain the professional titles of the second of the merchant navy, the official second-of-the-navy merchant marine and the second-of-the-navy radio official, and the latter are carried out in accordance with the relevant sections of the STCW, A-II, A-III and A-IV Code, be recognised for obtaining the relevant professional title.

To do so, at the time of its completion, or at least twice a year, a court appointed to the effect by the school or faculty where it conducted the degree studies, consisting of three members of which they are a vocal, a Teacher of the school, an active official assigned to the Directorate General of the Merchant Navy or its peripheral services and a vowel appointed by the College of Merchant Navy Officers, will check and certify their performance.

All vowels will be in possession of a higher professional title of the respective specialty. The vocal of the General Direction of the Merchant Navy will serve as president and one of the other two vowels as secretary. "

Thirty-eight. An additional fourteenth provision is added with the following content:

" Additional disposition fourteenth. Admission of traineeships.

When they do not include in their curricula the practices indicated in Articles 7, 13 and 17 of this royal decree, and these are carried out after obtaining the degree of degree, in accordance with the provisions of the corresponding sections of the STCW Code, A-II, A-III and A-IV, shall be admitted for obtaining the corresponding professional title.

To do so, at the time of its completion, or at least twice a year, a court appointed to the effect by the school or faculty where it conducted the degree studies, consisting of three members of which they are a vocal, a Teacher of the school, an active official assigned to the Directorate General of the Merchant Navy or its peripheral services and a vowel appointed by the College of Merchant Navy Officers, will check and certify their performance.

All vowels will be in possession of a higher professional title of the respective specialty. The vocal of the General Direction of the Merchant Navy, will serve as president and one of the other two vowels as secretary. "

Thirty-nine. An additional 15th provision is added with the following content:

" Additional Disposition 15th. On the court for the conduct of the suitability tests.

1. Proof of suitability for the titles of the second of the merchant navy and the second of the merchant marine. The suitability tests referred to in Article 23 shall be carried out in the schools or faculties where the studies conducted to obtain the qualification required for this test were carried out.

For the purpose of the said test, the centers, schools and faculties that correspond, will constitute the respective courts, according to the following scheme:

The court will consist of three members, a teacher of the school, an active official attached to the General Directorate of the Merchant Navy or its peripheral services and a vowel appointed by the College of Officers. of the Merchant Navy. This court shall check and certify that the proof of suitability is exceeded. All vowels will be in possession of a higher professional title of the respective specialty. The vocal of the General Direction of the Merchant Navy will serve as president and one of the other two vowels as secretary.

These tests must be held at least four times a year. In both cases, the court appointed to carry out the suitability tests may be the same as that which has been appointed to verify and certify the performance of the periods of regulatory practice.

2. Proof of suitability for standard certificates of height, coastal pattern, naval mechanic and naval mechanic: The proof of suitability referred to in Article 23 shall be judged by a court and conducted in any school or centre where the studies leading to the attainment of the qualification required for such testing are carried out.

The courts that have to judge these tests will be appointed by the General Directorate of the Merchant Navy. They will be composed of a president, a secretary and three vowels. All members of the court must be in possession of a professional qualification equal to or higher than those to which they perform the test of suitability and at least three of its components shall belong to the same section as the candidates.

The president, the secretary and one voice will be officials proposed by the General Directorate of the Merchant Navy, the other two vowels will be teachers of the school and will be proposed by the school itself.

Likewise, equal number of alternate members shall be appointed, the characteristics of which shall be identical to those of the holders.

These tests must be held at least twice a year. "

Forty. An additional sixteenth provision is added, with the following content:

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

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

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

Forty-one. An additional 17th provision is added which is worded as follows:

" Additional 17th Disposition. Registration in the Register of Professionals of the Fisheries Sector.

In order to be able to exercise the privileges established by this royal decree on board fishing vessels, it will be necessary for the title to be registered in the Register of Professionals of the Fisheries Sector of the Ministry of Agriculture, Food and the Environment. "

Forty-two. The second final provision is worded as follows:

" Final Disposition Second. Faculty of development.

The Minister of Public Works is authorised to make the necessary provisions for the development and application of the provisions of Article 23 on the evidence of suitability and in Article 35 concerning the appointment of other bodies for the issue of the maritime book.

Likewise, it is up to the Ministers of Development and Education, Culture and Sports in the field of their respective competences to dictate the necessary provisions for the development and implementation of the provisions of this royal decree. and professional qualifications resulting from the amendments to the STCW Convention and in particular the Manila Conference. "

Forty-three. The third final provision is worded as follows:

" Final Disposition Third. Implementing powers.

The Director General of the Merchant Navy is empowered to issue resolutions that may be necessary for the execution and enforcement of this royal decree.

In particular, the Director General of the Merchant Navy is empowered to adjust the periods of navigation practices to the provisions arising from the amendments to the STCW Convention and in particular the Manila Conference. "

Single repeal provision. Regulatory repeal.

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

Single end disposition. Entry into force.

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

Given in Madrid, on February 7, 2014.

JOHN CARLOS R.

The Minister of Development,

ANA MARIA PASTOR JULIAN