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Resolution Of 27 January 2016, The General Directorate Of The Merchant Marine, Which Establishes The Procedure For Obtaining The Certificate Of Fellowship For Professional Pattern Of Pleasure Boats.

Original Language Title: Resolución de 27 de enero de 2016, de la Dirección General de la Marina Mercante, por la que se establece el procedimiento para la obtención del certificado de especialidad de patrón profesional de embarcaciones de recreo.

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TEXT

The fifth additional provision of Royal Decree 973/2009 of 12 June 2009 on the professional qualifications of the Merchant Navy creates the certificate of specialty of professional pleasure craft, which shall be issued by the Directorate-General of the Merchant Navy, directly or through its peripheral services to persons who satisfy the requirements set out in that provision, specifying, as appropriate, the exceeding of a knowledge test.

On the other hand, it states that the General Direction of the Merchant Navy will determine the content of the test of knowledge and the conditions and areas of navigation for the holders of the certificate of standard specialty professional pleasure craft.

To this end, the Resolution of 26 February 2015, of the Directorate General of the Merchant Marine, was developed, establishing the procedure for obtaining the certificate of specialty of professional standard recreational craft. This resolution also defines the procedure for issuing and revalidation of the certificate of professional standard of pleasure craft.

View the need to give an extraordinary time to obtain the certificates stipulated in the first paragraph three of the above resolution to the citizens who approved in the 2013 and 2014 calls.

According to the final provision of Royal Decree 973/2009 of 12 June 2009, the Director General of the Merchant Navy is empowered to issue resolutions that may be necessary for the execution and enforcement of the same.

In its virtue, I resolve:

First. Procedure for the issue and revalidation of the professional master certificate for recreational craft.

The Certificate of Specialty of Professional Master of Pleasure boats shall be issued by the Directorate General of the Merchant Navy, directly or through its peripheral services, in accordance with the model of Annex I, to those who comply with one of the following requirements present the following documentation:

1. Professional graduates of the Merchant Navy (Captain of the merchant navy, Pilot of the merchant navy, Pilot of the second of the merchant navy, Patron of height, Patron of the coast, Master of cabotage and the Patron of cabotage):

(a) Application, according to the model of Annex II, addressed to the Director General of the Merchant Navy, which may be presented directly to the General Directorate of the Merchant Navy or its peripheral organs, in the places indicated in the Article 38 (4) of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

b) Justicizer of the payment of the rate of issue of specialty certificates, model of form 790, Code 028.

c) Copy of the document on the record that the medical bill of sea boarding performed by the ISM has been exceeded.

By means of the single window of formalities, the electronic headquarters of the Ministry of Public Works will be able to start this process. To do this, follow the following Web address and its instructions:

https://sede.fomento.gob.es/SEDE_ELECTRONICA/LANG_CASTELLANO/OFICINAS_SECTORIALES/MARINA_MERCANTE/TITULACIONES/

2. Scale of Officers of the General Corps of the Navy:

(a) Application, according to the model of Annex II, addressed to the Director General of the Merchant Navy, which may be presented directly to the General Directorate of the Merchant Navy or its peripheral organs, in the places indicated in the Article 38 (4) of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

b) Justicizer of the payment of the rate of issue of specialty certificates, model of form 790, Code 028.

c) Photocopy by both sides of the Military Identity Card belonging to the Navy General Corps Officer scale.

d) A photocopy of the "Official Defense Bulletin" (BOD) in which the resolution of the officer belonging to the Office of the General Corps of the Navy is composed.

e) A copy of the document on the record that the maritime shipping recognition performed by the ISM has been exceeded.

f) Statement responsible for taking into effect the Certificate of Specialty of Basic Training in Safety and of possessing the Maritime Book.

By means of the single window of formalities, the electronic headquarters of the Ministry of Public Works will be able to start this process. To do this, follow the following Web address and its instructions:

https://sede.fomento.gob.es/SEDE_ELECTRONICA/LANG_CASTELLANO/OFICINAS_SECTORIALES/MARINA_MERCANTE/TITULACIONES/

3. Yate captains.

Holders of the title of Captain of Yate, nationals of any country of the European Union or of the European Economic Area may apply for the certificate of specialty accompanying the following documentation:

(a) Application, according to the model of Annex II, addressed to the Director General of the Merchant Navy, which may be presented directly to the General Directorate of the Merchant Navy or its peripheral organs, in the places indicated in the Article 38 (4) of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

b) Justicizer of the payment of the rate of issue of specialty certificates, model of form 790, Code 028.

c) Copy of the document on the record that the medical bill of sea boarding performed by the ISM has been exceeded.

d) Copy of Yate Captain's title.

e) Responsible declaration on the navigation provided for in paragraph 1.b) of the fifth additional provision of Royal Decree 973/2009 of 12 June 2009.

f) Statement responsible for taking into effect the specific health training certificate (initial or advanced as appropriate).

g) Professional or general operator card of the Global System of Maritime Distress and Safety; or certificate of general or restricted operator of the World System of Relief and Maritime Safety if not yet performed the exchange for the general or restricted operator title.

h) Basic training craft certificate in security.

i) Certificate of craft of passenger ships; or at least one of the old basic certificate of passage or certificate of ship carrying ro-ro cargo (ro-ro) and passenger ships other than ro-ro ships, if have not yet been redeemed.

j) Advanced fire fighting specialty certificate.

k) Certificate of specialty of survival craft and rescue boats (not fast).

By means of the single window of formalities, of the electronic headquarters of the Ministry of Public Works, you will be able to start this same procedure. To do this, follow the following Web address and its instructions:

https://sede.fomento.gob.es/SEDE_ELECTRONICA/LANG_CASTELLANO/OFICINAS_SECTORIALES/MARINA_MERCANTE/TITULACIONES/

4. For the revalidation of the professional craft pattern certificate of recreational craft, the person concerned shall present the following documentation:

(a) Application, according to the model of Annex II, addressed to the Director General of the Merchant Navy, which may be presented directly to the General Directorate of the Merchant Navy or its peripheral organs, in the places indicated in the Article 38 (4) of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

b) Justicizer of the payment of the rate of issue of specialty certificates, model of form 790, Code 028.

c) Copy of the document on the record that the medical bill of sea boarding performed by the ISM has been exceeded.

d) Statement responsible for taking into effect the specific health training certificate (initial or advanced as appropriate).

e) General or restricted professional operator card of the World System of Maritime Distress and Safety; or general or restricted operator's certificate of the World System of Distress and Maritime Safety if you have not yet performed the exchange for general or restricted operator title.

f) Basic training specialty certificate in security.

g) Certificate of craft of passenger ships; or at least one of the old basic certificate of passage or certificate of ship carrying ro-ro cargo (ro-ro) and passenger ships other than ro-ro ships, if have not yet been redeemed.

h) Advanced fire fighting specialty certificate.

i) Certificate of specialty of survival craft and rescue boats (not fast).

By means of the single window of formalities, of the electronic headquarters of the Ministry of Public Works, you will be able to start this same procedure. To do this, follow the following Web address and its instructions:

https://sede.fomento.gob.es/SEDE_ELECTRONICA/LANG_CASTELLANO/OFICINAS_SECTORIALES/MARINA_MERCANTE/TITULACIONES/

5. In the case of an issue or revalidation where the total or partial lack of the documentation determined in this decision is detected, which must accompany the application, the person concerned shall be required to do so within 10 days of the date of issue. natural, subsane the lack of or accompany the required documents, indicating that, if it does not do so, it shall be given a withdrawal of its request, upon a decision which shall be given in the terms provided for in Article 42 of the Law of Legal status of public administrations and the common administrative procedure.

Second. Structure and content of the knowledge test to be overcome to obtain the craft certificate.

1. The test of knowledge provided for in Royal Decree 973/2009 of 12 June, which regulates the professional qualifications of the Merchant Navy, will consist of answering in writing a questionnaire of questions on the subjects that indicate below.

The questionnaire will be composed of 30 questions with four answers, only one of them being correct. The maximum time for this exercise will be one hour.

This test shall be measured over a maximum of 30 points, with at least 60% of the points being successful to be exceeded.

2. Content of the test: The one set out in Annex IV of this resolution.

Third. Request to report to knowledge tests.

Those interested in participating in the knowledge test shall request their admission to the examination at the request of the Director General of the Merchant Navy, completing the model of the form set out in Annex III to this Regulation. resolution. They shall present it in the General Direction of the Merchant Navy, in any of its peripheral organs, or in the places indicated in Article 38.4 of the Law Regime of Public Administrations and Administrative Procedure. Common.

This request will be accompanied by:

Justifying payment of the fee for examination rights, as set out in Law 66/1997 of December 30, of the General Budget of the State for 1998, in its article 18, paragraph seven, in force for the current year.

The fee will be paid in model 790, code 001, said form will be provided in the Directorate General of the Merchant Navy, Maritime Capitanies, Government Subdelegations, in the electronic headquarters of the Ministry of Public Works and through the website of the Ministry of Public Works http://www.fomento.gob.es.

Fourth. No submission to examination.

Non-submission to examination, except for duly justified illness and within the maximum period of three working days after the examination, shall not result in a change of registration for an upcoming call. Only registration changes may be made, in the circumstances preceding the first call, to the second of the same year.

Fifth. End of period for admission of applications and final list of admission.

Once the application deadline for submission to the knowledge tests has been completed, the provisional list of admitted and excluded will be published in the bulletin board of the General Directorate of the Merchant Navy, which may be the period of ten calendar days to remedy the deficiencies of the candidates who have been excluded, in accordance with the provisions of Article 71.1 of Law 30/1992, of the Legal Regime of Public Administrations and of the Procedure Common Administrative.

In addition to the bulletin board of the General Directorate of the Merchant Navy, the provisional list of admitted and excluded will be published on the website of the Ministry of Public Works (http://www.fomento.gob.es).

The final lists of admission will be published in the bulletin boards of the General Directorate of the Merchant Navy and in the Maritime Capitanies, together with the place, date and time indicated for the conduct of the tests.

Sixth. Realization of the test of knowledge and result of the examinations.

1. The tests will be carried out in Madrid, on the dates and places designated each year by the General Directorate of the Merchant Navy by resolution. The date and place of the current year's calls are given in Annex V of this resolution.

2. The exams will be published in the bulletin board of the General Direction of the Merchant Navy and on the website of the Ministry of Development (http://www.fomento.gob.es) the provisional lists of qualifications, which will be elevated to definitive The deadline for complaints is over.

Seventh. Complaints.

The candidates shall have a period of ten working days, counted from the day following the publication of the lists of provisional qualifications in the notice board, in order to submit in writing the claims which consider appropriate. The complaints shall be addressed to the Registrar of the Court, indicating the personal data, address and postal code of the locality, in order to give the appropriate reply in writing. A photocopy of the DNI shall be provided together with duly reasoned complaints. Claims that any of the above mentioned requirements are missing will be dismissed.

Eighth. Time limit for requesting the issue of the certificate.

Once the knowledge test has been exceeded, a maximum of 24 months will be available to request the issue of the certificate, with the requirements of the first base, paragraph three, being met.

Ninth. Court.

The Court is a collegiate body whose objective is to carry out the tests for obtaining the certificate of professional master of pleasure boats, as well as all the necessary processes for the achievement of this objective. This court, which shall be composed of a full court and another alternate, shall consist of a President, a Registrar and three vowels, all appointed by the Director General of the Merchant Navy among officials of Group A1 or A2 of the Directorate General of the Merchant Navy. The members of the Courts shall be entitled to the payment of compensation for assistance, in accordance with the provisions of Royal Decree 462/2002 of 24 May 2002 on compensation for the purpose of the service, the effects of which the Court of Category 1.

The Court shall comply at all times with the provisions of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure and other provisions in force.

By resolution of the General Directorate of the Merchant Navy, the starting and alternate tribunal will be established to organize the tests.

The Court appointed for the current year's calls is given in Annex VI of this resolution.

10th. Navigation zones and conditions.

According to the additional fifth paragraph 4.a of Royal Decree 973/2009 of 12 June, the holders of this certificate of specialty may carry out navigations in recreational craft of length equal to or less than 24 metres, along the Spanish coast, within the area between the coast and the 60-mile line parallel to it, without prejudice to other training or dispatch requirements which are necessary for the implementation of the maritime legislation perform the privileges that the craft certificate grants.

11th. Special deadline for requesting issue of the certificate.

To the citizens approved in the 2013 and 2014 calls to which it will affect the eighth basis of the Resolution of 26 February 2015, and would not have obtained the certificates of specialty stipulated in the first base paragraph three on the application for a yacht master's expedition, shall have an extraordinary period of 18 months after the publication of this resolution.

12th. Regulatory repeal.

The Resolution of 26 February 2015, of the Directorate General of the Merchant Navy, is hereby repealed, establishing the procedure for obtaining the certificate of specialty of professional standard recreational craft, (BOE No 51 of 28 February 2015).

13th. Updating attachments.

Annexes II, III, IV, V and VI to this resolution may be amended by resolution of the Director General of the Merchant Navy, to update its content, appoint or modify the court that will govern the conclusion of the proof of knowledge of the current year, updating the agenda on the content of which will cover the performance of those tests, setting the dates for the conclusion of the tests which are the subject of this resolution or any other cause which is in accordance with the final provision Royal Decree No 973/2009 of 12 June 2009.

14th. Resources.

This resolution and any administrative acts resulting from it may be challenged in the cases and manner provided for in the Law on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Madrid, January 27, 2016. -Director General of the Merchant Navy, Rafael Rodríguez Valero.

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ANNEX II

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ANNEX III

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ANNEX IV

Knowledge test topic

1. Text Recast of the Law of Ports of the State and of the Merchant Navy, approved by the Royal Legislative Decree 2/2011, of 5 September. General provisions: Merchant Marine, Objectives, Zones and types of navigation. Civil fleet and platforms. Shipping companies (Preliminary Title: Chapter III). Sanctioning regime in the area of the Merchant Navy: Infractions. Sanctions and other measures (Third Book: Title IV).

2. The Maritime Administration (1): Central Administration (Recast Text of the Law of State Ports and the Merchant Navy: Second Book: Title II: Chapter I). Functions and structure of the General Direction of the Merchant Navy: Royal Decree 452/2012, of 5 March, for which the basic organic structure of the Ministry of Development is developed and the Royal Decree 1887/2011, of 30 December, is amended the establishment of the basic organic structure of the ministerial departments.

3. The Maritime Administration (2): Peripheral administration (Recast text of the Law of State Ports and Merchant Navy: Second Book: Title II: Chapter II). Royal Decree 638/2007 of 18 May, for which the Maritime and Maritime Districts are regulated: General provisions: Subject matter. Coordination with other bodies and entities (Chapter I). Functions of the Maritime Captains and District Chiefs (Chapter II).

4. The Regulation on the Office of Ships approved by the Order of 18 January 2000.

5. Royal Decree 210/2004 of 6 February establishing a system for monitoring and reporting on maritime traffic: General provisions (Chapter I). Notification and monitoring of ships (Chapter II). Monitoring of dangerous vessels and intervention in the event of problems and accidents at sea (Chapter IV). Regulation of inspection and certification of civil ships, approved by Royal Decree 1837/2000 of 10 November: Obligations of operators, operators, captains and masters of ships (Title II: Chapter I: Article 14).

6. Royal Decree 62/2008 of 25 January approving the regulation of the conditions of safety at sea, of navigation and of human life at sea, applicable to the nautical concentrations of a commemorative character and tests nautical-sports.

7. Royal Decree 1435/2010 of 5 November 2010 regulating the flag and registration of recreational craft in the sixth and seventh lists of the register of vessel registration. Royal Decree 685/2010 of 20 May, governing the granting of temporary navigation permits for certain recreational craft.

8. Royal Decree 607/1999 of 16 April 1999 regulating the regulation of compulsory civil liability insurance for recreational or sporting vessels.

9. Royal Decree 875/2014 of 10 October 2014 regulating the nautical degrees for the government of pleasure craft: Chapters I, VI and VII and additional provisions. Royal Decree 973/2009 of 12 June 2009 regulating professional qualifications of the merchant marine: Limit of alcohol in the blood (Article 44).

10. Royal Decree 1434/1999 of 10 September on inspections of recreational craft.

11. Order FOM1144/2003 of 28 April 2003 regulating safety, rescue, fire, navigation and prevention of discharges by dirty water, which must be carried on board recreational craft.

12. Royal Decree 2127/2004 of 29 October 2004 regulating the safety requirements of recreational craft, nautical motorbikes, their components and the exhaust and noise emissions of their engines.

13. International Convention on Maritime Search and Rescue, 1979: Terms and definitions. Organisation and coordination. Operational procedures. Notification systems for ships. International Convention on Marine Salvage, 1989: General provisions. Execution of the rescue operations. Rights of the saviours. Complaints and actions. Society of Salvage and Maritime Safety: Nature, denomination and object. Object of the Society. Governing and Management Bodies (Recast Text of the Law of State Ports and the Merchant Navy: Second Book: Title II: Chapter III).

14. The vessel as a registrally identified: Name, registration and address of the vessel. The dual registration in Spain. The Maritime Register and the Furniture Register. Law 14/2014, Maritime Navigation of July 24. Registration and documentation of ships (Title II: Chapter II). Nationality of ships (Title II: Chapter III). From the envelope (Title III: Chapter III).

15. Civil Code: Rules concerning the public faith and the registration of facts determining the civil status of persons.

16. Royal Decree 1381/2002 of 20 December 2002 on port facilities for the reception of ship-generated waste and cargo residues.

17. General knowledge of the provisions of the MARPOL Convention and its Annexes and specifically Annex IV: Dirty waters and Annex V: Basuras.

18. Regulation on the control of maritime radio communications on board Spanish civil vessels, approved by Royal Decree 1185/2006 of 16 October 2006: Continuous listening to the frequency of relief (Second transitional provision). General scheme (Chapter I: Section I, II and IV). Other vessels (Chapter IV: Section I and II).

ANNEX V

Year 2016 Calls

Location and date of celebration of the theoretical examination for the first half of 2016:

First call month of April 2016.

Madrid:

-Exam Date: Saturday, April 16, 2016.

-Place: Superior School of Engineers of Roads. Avd. Professor Aranguren, s/n. University City. Madrid.

-Start of Matriculation: day following the publication of the Resolution on the BOE.

-End of Matricula: March 19, 2016.

The second call for the second half of 2016 will be published by resolution.

Once the number of candidates is known, the President of the Tribunal will indicate the time of the examination in the bulletin board of the General Direction of the Merchant Navy. You will also be able to consult if you are admitted or excluded and schedule of the examination on the website of the Ministry of Public Works. http://www.fomento.gob.es

ANNEX VI

Court to organise tests in 2016

Full Court

President: Fernando Astorga Vergara.

Vocals:

Jose Luis Rada Casas.

Laura Hernandez Herrero.

Gerardo José Vallejo Villanueva.

Secretary: Francisco Javier Benitez Martinez.

Alternate Court

President: Manuel Carles Beira.

Vocals:

Cristina Alonso Martinez.

Miguel Angel Rodriguez Pomeda.

Ramon Alvarez Vines.

Secretary: Maria Goretti de la Fuente Sánchez.