Royal Decree 519/2015, Of 19 June, Amending Royal Decree 36/2014, Of 24 January, By Which Regulated The Professional Titles Of The Fisheries Sector.
Original Language Title: Real Decreto 519/2015, de 19 de junio, por el que se modifica el Real Decreto 36/2014, de 24 de enero, por el que se regulan los títulos profesionales del sector pesquero.
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Article 42 of the Act 3/2001, 26 March, maritime fishing from the State, establishes that the Government on the proposal of the Minister of agriculture, fisheries and food, will regulate the qualifications of the professionals of the sector, in the context of the overall educational system, establishing fitness requirements and professional powers corresponding to each title, without prejudice to the competences of the Ministry of public works.
The Real Decree 36 / 2014, of 24 of January, by which is regulate them titles professional of the sector fishing, sets them powers of each title professional in the ships of fishing.
After its entry into force has been a loophole in the treatment of the recognized powers historically a qualified yacht fishing boats, who came regularly to play the post of chief mate on board fishing vessels, being in possession of the next lower title pattern of second class of coastal fishing or inshore fishing vessel skipper. These professionals have played for a long time these powers with security and full professionalism guarantee, enjoy extensive job experience exert the position of first officer and, therefore, it is considered appropriate to grant them the necessary powers so that they can stay on board the vessel in which they are enrolled.
On the other hand, the United of Spain is part of the Convention International on standards of training, degree and guard for the personal of them ships fishing, made in London the 7 of July of 1995 standard that entered in force the 29 of September of 2012 and that recognizes them situations indeed previous to its entry in force, by what is considered necessary recognize them powers when such professional already were playing the cited charge to the input into force of the International Convention referred.
To carry to out it cited enlargement of powers, is considered that is proper introduce a new provision additional in the Real Decree 36 / 2014, of 24 of January, by which is regulate them titles professional of the sector fishing.
This Royal Decree has been subject to processing of audience of professional and trade union associations most representative of the shipowners and workers of fishing vessels. In addition, regions with coastline have been consulted. It has also obtained report from the Ministry of public works.
In his virtue, to proposal of the Minister of agriculture power and environment, in accordance with the Council of State and prior deliberation of the Council of Ministers in its meeting of the day 19 of June of 2015, HAVE: article only. Modification of Royal Decree 36/2014, of 24 January, which regulates the professional titles of the fisheries sector.
Is adds to the Real Decree 36 / 2014, of 24 of January, by which is regulate them titles professional of the sector fishing, a provision additional thirteenth, worded as follows: «provision additional thirteenth.» First officers of bridge.
The polyvalent coastal patterns and patterns of second class of coastal fishing which, prior to the September 29, 2012, were regularly occupying the position of chief mate on board a Spanish fishing vessel, taking the title immediately below the need to fill this post, will retain the attribution to be able to enroll as first mate on the same ship where he came making it usually.
Shall be deemed usual coming one which, being prior to September 29, 2012, has more than three years in the ship he concerned. «It accreditation of the referred coming is shall be before the authority of marina by the presentation of the book maritime of the interested, or through it checking by such authority of them records in which stating them shipments made by the interested.»
First final provision. Title competence.
This Royal Decree is basic standard of management of the fisheries sector and is issued pursuant to the provisions of article 149.1.19. ª of the Constitution.
Second final provision. Entry in force.
He present Royal Decree will enter in force the day following to the of your publication in the «Bulletin official of the State».
Given in Madrid, on June 19, 2015.
The Minister of agriculture, food and environment, ISABEL GARCÍA TEJERINA
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