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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-2142

The fifth additional provision of Royal Decree 973/2009, of 12 June, which regulates the professional qualifications of the Merchant Navy created the specialty certificate of professional pattern of pleasure craft, which will be issued by the General Directorate of the merchant marine, directly or through its services to persons who meet the requirements listed in this provision specifying as appropriate, the overcoming of a knowledge test.

On the other hand it establishes that the General Directorate of the Merchant Marine will determine content test of knowledge and conditions and navigation areas for holders of certificate of specialty in professional pattern of pleasure boats.

This was developed through the resolution of December 15, 2011, in the General direction of the marine merchant, which establishes the procedure for obtaining the certificate of fellowship for professional pattern of pleasure boats. That resolution also defines the procedure for issuing and renewal of certificate of specialty in professional pattern of pleasure boats.

Since the publication of the resolution of 15 December 2011(«BOE» núm. 22, de 26 de enero de 2012), have been several policy changes that affect its content, as the only article. 93 of the Royal Decree 938/2014, amending paragraph 2 of the additional provision fifth of Royal Decree 973/2009, 7 November, 12 June and therefore requires a new resolution.

In the third final provision of Royal Decree 973/2009, of 12 June, it empowers the General Director of the Merchant Marine to issue resolutions that may prove necessary for the implementation and enforcement of the same.

By virtue, I resolve: first. Procedure for issuing and renewal of certificate of specialty in professional pattern of pleasure boats.

Certificate of specialty in professional pattern of recreational craft shall be issued by the General Directorate of the merchant marine, directly or through its peripheral services, according to the model of annex I, those complying with one of the following requirements presenting the following documentation: 1. qualified professionals of the merchant marine (Merchant Marine Captain (, Pilot of first of the Merchant Navy, pilot of second merchant, height pattern, pattern of coastline, pattern of cabotage and pattern of cabotage): a) request, according to annex II, addressed to the Director General of the merchant, which may be presented directly at the General Directorate of the merchant marine or their peripheral organs, at the places indicated in article 38.4 of law 30/1992 26 November, legal regime of public administrations and common administrative procedure.

(b) proof of payment of the fee for issuing certificates of specialty, standard form 790, code 028.

(c) copy of the document indicating that exceeded the medical examination for maritime service performed by the ISM.

Through the one-stop shop of formalities, electronic headquarters of the Ministry of public works, you can start this same procedure. Follow its instructions and the following web address: https://sede.fomento.gob.es/SEDE_ELECTRONICA/LANG_CASTELLANO/OFICINAS_SECTORIALES/MARINA_MERCANTE/TITULACIONES/ 2. Scale of officers of the General of the Navy body: a) application, depending on the model of annex II, addressed to the Director General of the Merchant Navy, that may arise directly in the General Directorate of the merchant marine or their peripheral organs, at the places indicated in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

(b) proof of payment of the fee for issuing certificates of specialty, standard form 790, code 028.

(c) photocopy authenticated by both sides of card identity military belonging to the scale of the official of the body General of the Navy.

d) photocopy of Bulletin official of Defense (BOD) stating the resolution for the appointment of the official belonging to the scale of officers of the body General of the Navy.

(e) copy of the document indicating that exceeded the medical examination for maritime service performed by the ISM.

(f) responsible Declaration have the specialty of basic safety training certificate in force and own the sea book.

Through the one-stop shop of formalities, electronic headquarters of the Ministry of public works, you can start this same procedure. Follow its instructions and the following web address: https://sede.fomento.gob.es/SEDE_ELECTRONICA/LANG_CASTELLANO/OFICINAS_SECTORIALES/MARINA_MERCANTE/TITULACIONES/ 3. Yacht captains. The holders of the title of Captain of yacht, nationals of any country of the European Union or the European economic area may request a certificate of specialty accompanying the following documentation: a) request, according to annex II, addressed to the Director General of the merchant, which may arise directly in the General Directorate of the merchant marine or its peripheral bodies at the places indicated in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

(b) proof of payment of the fee for issuing certificates of specialty, standard form 790, code 028.

(c) copy of the document indicating that exceeded the medical examination for maritime service performed by the ISM.

(d) copy of the title of Captain of yacht.

e) responsible declaration referred to in paragraph 1.b navigation) of the fifth additional provision of the Royal Decree 973/2009, June 12.

(f) responsible Declaration to force certificate of specific health training (initial or advanced) depending on its case.

(g) professional card of general or restricted operator of the global system of relief and maritime security; either general or restricted operator of the global system of relief and maritime security certificate if even you did not make the Exchange operator general or restricted title.

(h) certificate of specialty of basic safety training.

(i) certificate of specialty of passenger ships; or at least one of the old basic passenger certificate or certificate of ship carrying wheeled loading (ro-ro) of passenger and passenger ships other than ro-ro ships, if not yet been redeemed.

j) certificate of advanced expertise in fire fighting.

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

Through the one-stop formalities, the electronic site of the Ministry of public works, you can start this same procedure. Follow its instructions and the following web address: https://sede.fomento.gob.es/SEDE_ELECTRONICA/LANG_CASTELLANO/OFICINAS_SECTORIALES/MARINA_MERCANTE/TITULACIONES/ 4. For the renewal of certificate of specialty in professional pattern of pleasure boats, the interested party must submit the following documentation: a) request, according to annex II, addressed to the Director General of the merchant, which may be presented directly at the General Directorate of the merchant marine or their peripheral organs, at the places indicated in article 38.4 of law 30/1992 26 November, legal regime of public administrations and common administrative procedure.

(b) proof of payment of the fee for issuing certificates of specialty, standard form 790, code 028.

(c) copy of the document indicating that exceeded the medical examination for maritime service performed by the ISM.

(d) responsible Declaration to force certificate of specific health training (initial or advanced) depending on its case.

(e) professional card of general or restricted operator of the global system of relief and maritime security; or certificate of general or restricted operator of the global system of relief and maritime security if even you did not make the Exchange operator general or restricted title.

(f) certificate of specialty of basic safety training.

(g) certificate of specialty of passenger ships; or at least one of the old basic passenger certificate or certificate of ship carrying wheeled loading (ro-ro) of passenger and passenger ships other than ro-ro ships, if not yet been redeemed.

(h) certificate of advanced expertise in fire fighting.

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

Through the one-stop formalities, the electronic site of the Ministry of public works, you can start this same procedure. Follow its instructions and the following web address: https://sede.fomento.gob.es/SEDE_ELECTRONICA/LANG_CASTELLANO/OFICINAS_SECTORIALES/MARINA_MERCANTE/TITULACIONES/
5. in records of issue or renewal in which is detected lack all or part of the documentation specified in this resolution which should accompany the request, you will be required to the applicant so that, within a period of ten calendar days, remedy the lack or attach the documents required, with an indication of that, if you did not shall you be withdrawn your request, previous resolution that should be dictated in the terms provided for in article 42 of the law of the legal regime of public administrations and common administrative procedure.

Second. Structure and content of the knowledge test to overcome in order to obtain a certificate of specialty.

1 knowledge test provided for in Royal Decree 973/2009, of 12 June, which regulates the professional qualifications of the merchant marine, consist of written answer a questionnaire on matters that shown below.

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

This test will be evaluated over a maximum of 30 points, having hit at least 60% of them to overcome it.

2 content of test: as set out in annex IV of the present resolution.

Third party. Request to submit to tests of knowledge.

Those interested in participating in the test of knowledge will request their admission to examination in instance addressed to the Director General Mr. of the merchant marine, by filling in the standard form contained in annex III to this resolution. They will present at the General Directorate of the merchant marine, in any of its peripheral bodies, or in the places indicated in the article 38.4 of the law legal regime of the public administrations and common administrative procedure.

This request must be accompanied: proof of payment of the fee for examination fees, established in the law 66/1997, of 30 December, of the State budget for 1998, in its article 18, paragraph 7, existing for the current year.

The rate shall be paid on printed model 790, code 001, this form will be provided in the General Directorate of the merchant marine, Maritime Coastguard, sub-delegations of the Government, in the electronic office and the Ministry of public works through the Web page of the Ministry of public works http://www.fomento.gob.es.

Room. No presentation to review.

Presentation to review, except for duly substantiated illness and the term maximum three days after the examination, will not result in Exchange for tuition for a next call. Only changes in registration, may be in the above circumstances of the first call, the second of the same year.

Fifth. End of term of admission applications and final list of admitted.

Once the application period to take knowledge tests, the provisional list will be made public and excluded on the Bulletin Board of the General Directorate of the merchant marine, and may within the period of ten calendar days closing gaps the candidates who have been excluded, in accordance with the provisions of article 71.1 Law 30/1992, of the legal regime of public administrations and common administrative procedure.

In addition to the Bulletin Board of the General Directorate of the merchant marine, the provisional list of admitted and excluded will be posted on the website of the Ministry of public works (http://www.fomento.gob.es).

The definitive lists of admitted will be posted on bulletin boards of the General Directorate of the merchant marine and the Maritime Coastguard, together with the place, date and time designated for carrying out the tests.

Sixth. Carry out the test of knowledge and results of the tests.

1. the tests be carried out in Madrid, in dates and places that every year the General Directorate of the Merchant Marine will designate by resolution. The date and location of the calls for the current year are contained in annex V to this resolution.

2 completed examinations will be posted on the Bulletin Board of the General Directorate of the merchant marine and in the website of the Ministry of public works (http://www.fomento.gob.es) provisional lists of qualifications, which will rise to definitive once completed the term of claims.

Seventh. Claims.

Candidates will have a period of ten working days, counting from the day following the publication of the lists of provisional qualifications on the noticeboard, to file written claims deemed appropriate. Complaints will be directed to the Secretary of the Tribunal, with indication of personal data, address and zip code of the town, in order to give timely reply in writing. A photocopy of the ID will be provided together with duly reasoned claims. Claims that are missing any of the requirements outlined above will be excluded ex officio.

Eighth. Deadline to apply for the issuance of the certificate.

Overcome once proficiency test will have a maximum period of 24 months to apply for the issuance of the certificate, must be to meet the requirements of the first base, section two.

Approved in previous to the entry into force of this resolution, they will benefit from the time limit set in the resolution of the call in which approved this knowledge test to apply for the issuance of certificate of specialty in professional pattern of pleasure boats, being this period, certainly for 24 months from the approved.

Ninth. Court.

The Court is a collegiate body whose objective is to perform the tests for obtaining the certificate of professional pattern of pleasure boats, as well as all the necessary processes for the achievement of that goal. This tribunal which shall be composed of a court and other alternate, will consist of a President, a Secretary and three members, all of them appointed by the General Director of the Merchant Navy among officials of the Group A1 or A2 of the General Directorate of the merchant marine. Members of the courts shall be entitled to the payment of compensation for assistance, as laid down in the Royal Decree 462/2002, of 24 may, on compensation by reason of the service, whose purposes the Court is included in the first category.

The Court snaps at all times to the provisions of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, and other regulations.

The titular and alternate Court which will organize tests shall be established by resolution of the General Directorate of the merchant marine.

The court appointed to the calls for the current year is contained in annex VI to this resolution.

Tenth. Areas and conditions of navigation.

According to the fifth additional provision paragraph 4.a of the Real Decree 973/2009, of June 12, the holders of this certificate of specialty may be navigations in pleasure craft in length and less than 24 metres, along the Spanish coast within the area between it and the line of 60 miles parallel to it without prejudice to other training requirements or dispatch to the applicable maritime regulations necessary to carry out the powers granted the certificate of specialization.

Eleventh. Repeal legislation.

For the present it is repealed the resolution of December 15, 2011, of the General Directorate of the merchant marine ("BOE" No. 22 of 26 January 2012).

12th. Updating of annexes.

Annexes II, III, IV, V and VI of this resolution may be amended by decision of the General Director of the Merchant Navy, to update your content, name or modify the Court which governed the conclusion of the evidence of knowledge of the current year, update the syllabus envelope whose contents will be the realization of such test, fix the dates of the tests object of this resolution, or otherwise arising under the third final provision the Royal Decree 973/2009, June 12.

13th. Resources: This resolution and how many administrative acts derived from it may be challenged in cases and manner provided for in the law of legal regime of public administrations and common administrative procedure.

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

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

Annex IV 1 proficiency test syllabus. Royal Legislative Decree 2/2011, 5 September, which approves the revised text of the law on ports of the State and the Merchant Navy, amended by law 14/2014, July 24: General provisions: merchant marine, objectives. Areas and types of navigation. Civil fleet and fixed platforms. Shipping companies (preliminary title, chapter III). The maritime administration: the central and peripheral Administration (second book: title II: chapters I and II). Rescue and maritime safety society: nature, designation and object. Purpose of the company (second book: title II: Chapter III).
2. the maritime administration: General Directorate of the merchant marine its structure and competences: Real Decree 452/2012, 5 March whereby the basic organizational structure of the Ministry of development develops and modifies Royal Decree 1887 / 2011, of 30 December, which establishes the basic organizational structure of the ministerial departments.

3. Royal Decree 638/2007, of 18 may, which regulates the Maritime Coastguard and maritime districts. Chapter II functions of maritime captains and heads of district.

4. the regulation on the dispatch of ships approved by ministerial order of 18 January 2000, taking into account the changes introduced by the Royal Decree 1435 / 2010 of 5 November in relation to vessels falling within its scope.

5. Royal Decree 210/2004, dated February 6, which establishes a system of monitoring and information on maritime traffic, modified by royal decrees: Royal Decree 1334 / 2012, of 21 September, Royal Decree 201/2012, 23 January and Royal Decree 1593 / 2010 26 November 6. Royal Decree 62/2008 of 25 th January which approves the regulation of the conditions of maritime safety, navigation and human life at sea, nautical character Memorial and sportive test concentrations.

7. Royal Decree 1435 / 2010, of 5 November, which regulates the registration and registration of recreational craft in the sixth and seventh ships registration registration lists.

8. Royal Decree 607/1999, 16 April, which regulates the rules of civil liability subscription required for pleasure craft insurance or sports.

9. Royal Decree 875/2014, on 10 October, which regulates nautical qualifications for the Government of recreational craft.

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

11 order FOM/1144/2003 of 28 April, by which regulate safety equipment, lifesaving, firefighting, navigation and prevention of water spills, to be carried on board ships of recreation, amended by order FOM/1076/2006, of 29 March.

12. Royal Decree 2127 / 2004, of 29 October, which regulates safety requirements of recreational craft, of motorcycles nautical, its components and the exhaust emissions and the sound of their engines.

13. International Convention on search and rescue at sea (the Hamburg Convention of 1978, with the amendments adopted in London in 1998): General provisions. Terms and definitions. Organization and coordination. Cooperation between States. Operational procedures. For ships reporting systems. International Convention on salvage, 1989: General provisions. Execution of rescue operations. Rights of the rescuers. Claims and actions. Final clauses.

14. the legal status of the vessel. General characteristics. The vessel as registralmente identified thing: name, registration number and address of the ship. Nationality and flag of the vessel. The registry duality in Spain. The maritime registry and the registry of movable property.

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

16 fight against pollution: obligations of waste generated on board in accordance with RD 1381 / 2002 modified by RD 1084 / 2009 on port reception facilities for waste from ships and cargo residues.

17. general knowledge of the articles of the MARPOL Convention and its annexes and specifically annex IV water dirty and annex V wastes.

18. law 14/2014, maritime navigation of July 24, title II (chapters II and III): the registration and documentation of ships. The nationality of ships; and title III (chapter III): the registration and documentation of ships, vessels, and the manning nationality.

Annex V calls for the year 2015 location and date of the theory test for the first half of the year 2015 calls for first month of April 2015 Madrid:-date: Saturday, April 11, 2015.

-Exam time: 12:00 h to 13:00 h.

-Place: Escuela Superior de Ingenieros de Caminos, Avd. Professor Aranguren n. University City. Madrid.

-Start of registration: March 2, 2015 - end of registration: March 20, 2015 second call for proposals for the second half of 2015 will be posted by resolution.

Annex VI Tribunal which will organize the tests in 2015 Court President: Jesús Talavera Gómez.

Vocals: Fernando Astorga Vergara.

Manuel Carles Beira.

Laura Hernández Herrero.

Secretary: José Luis Rada houses.

Court Deputy President: Francisco Javier Benítez Martínez.

Members: Carlos Tielve Garcia.

Miguel Ángel Rodríguez Pomeda.

Juan Ignacio Arribas Ruiz-Escribano.

Secretary: María Goretti Sanchez source.