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Resolution Of 26 February 2015, 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 26 de febrero de 2015, 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 establishes 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 specialty professional pleasure craft.

The above was developed by the Resolution of 15 December 2011, of the Directorate General of the Merchant Navy, which establishes the procedure for obtaining the certificate of standard specialty professional pleasure craft. This resolution also defines the procedure for issuing and revalidation of the certificate of professional standard of pleasure craft.

Since the publication of the Resolution of December 15, 2011 ("BOE " No. 22, of January 26, 2012), various regulatory changes affecting its content, such as the single article, have taken place. 93 of Royal Decree 938/2014 of 7 November, amending paragraph 2 of the fifth additional provision of Royal Decree 973/2009 of 12 June 2009 and therefore requires a new decision.

In 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 order.

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, as a 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) Justifying the payment of the rate of issue of specialty certificates, Model 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 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) Justifying the payment of the rate of issue of specialty certificates, Model 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) where the resolution of the officer belonging to the Army General Corps Officers ' Scale is recorded.

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 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 a country of the European Union or of the European Economic Area may apply for the certificate of specialty accompanying the following documentation:

(a) Application, as a 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) Justifying the payment of the rate of issue of specialty certificates, Model 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 having the Specific Health Training certificate in place (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 specialty 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 Craft Certificate in Fire Fight.

k) A certificate of specialty for survival ships 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 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, as a 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) Justifying the payment of the rate of issue of specialty certificates, Model 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 having the specific Health Training certificate in place (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 specialty fire fighting certificate.

i) Certificate of Specialty of Survival Embarks 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 instructions: https://sede.fomento.gob.es/SEDE_ELECTRONICA/LANG_CASTELLANO/OFICINAS_SECTORIALES/MARINA_MERCANTE/TITULACIONES/

5. In the case of issue or revalidation files where the total or partial lack of the documentation determined in this Resolution which is to accompany the application is detected, the person concerned shall be required to do so within 10 days. 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 content set out in Annex IV to 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 10 calendar days to remedy the deficiencies of the candidates who have been excluded, in accordance with the provisions of Article 71.1 of Law No 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 two being met.

To those approved in calls prior to the entry into force of this resolution, they shall have the time limit set in the decision of the notice in which they approved the proof of knowledge to request the issue of the certificate of specialty of professional master of pleasure craft, being this period, in any case, 24 months from the approved one.

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. Regulatory repeal.

The resolution of December 15, 2011, of the Directorate General of the Merchant Navy ("BOE") is hereby repealed. 22, of January 26, 2012).

12th. 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.

13th. Resources:

This Resolution and how many administrative acts will result from it may be challenged in the cases and manner provided for in the Law of the Legal Regime of Public Administrations and the Common Administrative Procedure.

Madrid, February 26, 2015. -Director General of the Merchant Navy, Rafael Rodríguez Valero.

Here are several images in the original. See the official and authentic PDF document.

ANNEX IV

Knowledge test topic

1. The Royal Decree of Law 2/2011, of 5 September, approving the Recast Text of the Law of Ports of the State and of the Merchant Navy, as amended by Law 14/2014, of July 24: General provisions: Merchant Marine, Objectives. Areas and types of navigation. Civil fleet and fixed platforms. Shipping companies (Preliminary Title, Chapter III). Maritime administration: central administration and peripheral administration (Second Book: Title II: Chapters I and II). Society of Salvage and Maritime Safety: Nature, denomination and object. Object of the Society (Second Book: Title II: Chapter III).

2. The Maritime Administration: Directorate General of the Merchant Navy its structure and competences: Royal Decree 452/2012, of 5 March for which the basic organic structure of the Ministry of Development is developed and the Royal Decree is amended 1887/2011, of December 30, establishing the basic organic structure of the ministerial departments.

3. Royal Decree 638/2007, of 18 May, for which the Maritime Capitanies and the Maritime Districts are regulated. Chapter II Functions of the Maritime Captains and District Chiefs.

4. The Regulation on the Office of Ships approved by O.M. of 18 January 2000, taking into account the amendments introduced by Royal Decree 1435/2010 of 5 November in relation to vessels falling within its scope.

5. Royal Decree 210/2004 of 6 February establishing a system for monitoring and reporting on maritime traffic, as amended by the royal decrees: Royal Decree 1334/2012 of 21 September, Royal Decree 201/2012 of 23 January and Royal Decree 1593/2010 of 26 November

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.

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 governing nautical degrees for the government of recreational craft.

10. Royal Decree 1434/1999 of 10 September on inspections of recreational craft, as amended by the second provision of Royal Decree 1435/2010 of 5 November 2010.

11. Order FOM/1144/2003 of 28 April 2003 regulating equipment for safety, rescue, fire, navigation and prevention of discharges by dirty water, which must be carried on board recreational craft, modified by Order FOM/1076/2006, dated March 29.

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 (Hamburg Convention of 1978, with the amendments adopted in London in 1998): General provisions. Terms and definitions. Organisation and Coordination. Cooperation between States. 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. Final clauses.

14. The Legal Statute of the Buque. General characteristics. The vessel as a registrally identified: name, registration and address of the vessel. Nationality and flag of vessel. The dual registration in Spain. The Maritime Register and the Furniture Register.

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

16. Fight Against Pollution: Obligations to dispose of the waste generated on board in accordance with RD 1381/2002 as amended by RD 1084/2009 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. Law 14/2014, Maritime Navigation of 24 July, Title II (Chapters II and III): Registration and documentation of ships. Of the nationality of the ships; and Title III (Chapter III): Of the registration and documentation of the ships, the nationality of the ships, and the endowment.

ANNEX V

2015 Calls of the Year

Location and date of celebration of the theoretical examination for the first half of 2015

First call month of April 2015

Madrid:

-Date: Saturday April 11, 2015.

-Time exam: 12:00 h to 13:00 h.

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

-Start of Matriculation: March 2, 2015

-End of Matriculation: March 20, 2015

The second call for the second half of 2015 will be published by resolution.

ANNEX VI

Court to organise trials in 2015

Full Court

President: Jesus Talavera Gomez.

Vocals:

Fernando Astorga Vergara.

Manuel Carles Beira.

Laura Hernandez Herrero.

Secretary: José Luis Rada Casas.

Alternate Court

President: Francisco Javier Benitez Martinez.

Vocals:

Carlos Tielve Garcia.

Miguel Angel Rodriguez Pomeda.

Juan Ignacio Arribas Ruiz-Escribano.

Secretary: Maria Goretti de la Fuente Sánchez.