Real Decree 706 / 2015, Of 24 Of July, By Which Is Modifies The Real Decree 877 / 2011, Of 24 Of June, On Rules And Standards Common To The Organizations Of Inspection And Recognition Of Ships And For Them Activities Corresponding Of The...

Original Language Title: Real Decreto 706/2015, de 24 de julio, por el que se modifica el Real Decreto 877/2011, de 24 de junio, sobre reglas y estándares comunes para las organizaciones de inspección y reconocimiento de buques y para las actividades correspondientes de la ...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8989

He Real Decree 877 / 2011, of 24 of June, on rules and standards common for them organizations of inspection and recognition of ships and for them activities corresponding of the Administration maritime, incorporated to our ordering legal the directive 2009 / 15 / EC of the Parliament European and of the Council, of 23 of April, on rules and standards common for them organizations of inspection and recognition of ships and for them activities corresponding of them administrations maritime. He cited real decree constitutes, together with the Regulation (CE) No. 391 / 2009 of the Parliament European and of the Council, of 23 of April, on rules and standards common for the organizations of inspection and recognition of ships, the normative that mainly regulates this matter.

Article 2 of the Royal Decree 877/2011, June 24, in the letter e). 1st, picks up the definition of 'international conventions', which includes the applicable conventions, together with the protocols and amendments, as well as the corresponding codes of mandatory status in Spain, in its updated version. The conventions referred to in the definition are: the International Convention for the safety of life at sea of 1 November 1974 (SOLAS 74), the International Convention on the lines of load of 5 April 1966 and the International Convention for the prevention of pollution from ships of 2 November 1973 (MARPOL).

The Assembly of the Organization maritime international (IMO) has adopted recently various codes and has approved amendments to the conventions and protocols international included in the article 2 of the Real Decree 877 / 2011, of 24 of June. The Assembly of IMO, at its 28.º session, adopted the code for the implementation of the instruments of IMO (code III) and amendments to the Convention on load lines. Likewise, the Assembly cited, at its 65th session, adopted the code for recognised organisations of IMO (OR code).

Them amendments to them conventions promoted by the IMO is incorporate automatically to the right community from the moment in that enter in force to level international, including the corresponding codes of character mandatory, such as them codes III and OR. However, their exclusion from the scope of the maritime legislation of the European Union is possible, according to the evaluation procedure laid down in article 5(2) of Regulation (EEC) No. 2099 / 2002 of the European Parliament and of the Council of 5 November, by which the Committee on safe seas and the prevention of pollution from ships (COSS) is created.

The Commission assessed them amendments to them conventions of the IMO and determined the existence of discrepancies between the code III and the code OR, on the one hand, and the directive 2009 / 15 / CE, of 23 of April, and the Regulation (CE) No. 391 / 2009 of the Parliament European and of the Council, of 23 of April, by another.

As a result, it became necessary to amend the definition of 'international conventions' included in Regulation (EC) No. 391/2009, April 23, and in Directive 2009/15/EC, of 23 April. This is led to out through the approval of the regulation of execution (EU) No. 1355 / 2014 of the Commission, of 17 of December of 2014, by which is modifies the Regulation (CE) No. 391 / 2009 in relation to it adoption by it organization maritime international (IMO) of certain codes and them amendments corresponding of certain conventions and protocols and of the directive of execution 2014 / 111 / EU of the Commission December 17, that amending Directive 2009/15/EC in connection with the adoption by the International Maritime Organization (IMO) of certain codes and corresponding of certain conventions and protocols by amendments this Royal Decree is carried out the transposition of the directive's implementation 2014/111/EEC of the Commission of 17 December.

In his virtue, to proposal of the Minister of promotion, in accordance with the Council of State and prior deliberation of the Council of Ministers in its meeting of the day 24 of July of 2015, HAVE: article only. Modification of the Real Decree 877 / 2011, of 24 of June, on rules and standards common to the organizations of inspection and recognition of ships and for the activities corresponding of it administration maritime.

(He article 2.e) of the Real Decree 877 / 2011, on rules and standards common for them organizations of inspection and recognition of ships and for them activities corresponding of it administration maritime, is worded as follows: «(e) conventions international and standards national.»

1st international conventions: the International Convention for the safety of life at sea of 1 November 1974 (SOLAS 74) with the exception of chapter XI-2 of the annex thereto, the international on April 5, 1966 load lines Convention and the International Convention for the prevention of pollution from ships of 2 November 1973 (MARPOL) , together with their protocols and amendments, and them corresponding codes of character mandatory in Spain, in its version updated, with exception of them paragraphs 16.1, 18.1 and 19 of the part 2 of the code for the implementation of them instruments of it IMO, and of them sections 1.1, 1.3, 3.9.3.1, 3.9.3.2 and 3.9.3.3 of the part 2 of the code for them organizations recognized of it IMO.

«2nd national standards: standards of similar content to those indicated in the previous paragraph, applicable to ships and boats not covered by international conventions.»

Sole repeal provision. Repeal legislation.

Are repealed all the provisions of equal or lower range as soon as is opposed, contravene or are incompatible with it willing in this Royal Decree.

First final provision. Skill-related title.

This Royal Decree is dictates to the amparo of it willing in the article 149.1.20. ª of the Constitution, that attributed to the State the competition exclusive in matter of marina merchant.

Second final provision. Incorporation of European Union law.

By this Royal Decree implementing directive is incorporated into our domestic 2014/111/EU, of the Commission of 17 December 2014 by the amendment of Directive 2009/15/EC in connection with the adoption by the Maritime Organization International (IMO) of certain codes and corresponding amendments of certain conventions and protocols.

Third final provision. Entry in force.

This Royal Decree shall enter into force on December 31, 2015.

Given in Madrid, the 24 July 2015.

PHILIP R.

The Minister of promotion, ANA MARÍA PASTOR JULIÁN