Malta and Spain no longer require medicals

[julianmb]

we make no money from medicals, not even a commision, its the law. (I know it is worthless, but its the law)we are not doctors.If you don't believe me please call Corporal Fernando Aguirre of the Guardia Civil from Estartit (he only speaks spanish) as he is responsible for diving in the whole of the Costa Brava. He has the power to close any centre as he sees fit, his mobile is (sorry, shouldn't have put his mobile no. i'll try to put his office no. tomorrow)

he asked me to please ask where you have found it IN AN OFFICIAL SPANISH BULETIN that you do not need a medical, as otherwise IT IS A LIE (his words). He would like to know. Until that time, please stop spreading untruths and misleading people.

or you may call me on +34 655 870595 in english

 

[julianmb]

Well this is interesting, I too, took the trouble to E-mail Diver, this is what I got, My question and his reply :11:

Hi ****
>
> Could you please help, Diver published a article about medicals being no
> longer neserccery in Malta and Spain and you can now self certify, Is this
> true of both countries? There seems to be some confusion as to Spain??
> Please Help
>
> Thanx
>
> Paul Evans
>
>
It is true. However some dive centres want to maintain the revenue stream
that the old way provided.

**

Well well well.
So we have Bsac, Diver, People on this board, more on another board and now a possible explantion why you are SHOUTING SO LOUD :06:

I did not have permission to reprint this E-mail so I have covered the persons name, Somebody who is highly respected in the UK and known through Divernet around the world. I'am happy to pass the original E-mail to a Mod if that is required.

Julianmb, please fill in your profile.............it may help :06:

I have been told,

"Earlier this year the EU issued a directive to harmonise Scuba Diving regulations within the EU, Malta and Spain were the two effected by this"

If this is true, I don't know!! But I'll start a search

sorry, i only WORK in a spanish dive centre for the past 8 years, and i only tell you the law. It won't hurt ME what happens to anyone.

Please note that European law has little influence here, 'Spain is different' as they say

 

[Paul Evans]

The local officer may not know what is happening in the real world!

It would'nt be the first time :11:

Espically in Spain.

Until either of us can post a link to a soucre of LAW (SCREAMING OUT LOUD!!).

Then this tread serves no purpose!

Until Then

And rest assured..... I'am looking I'll be at the dive show shortly, I'll ask around there as well

 

[julianmb]

Until either of us can post a link to a soucre of LAW (SCREAMING OUT LOUD!!).....


Well, here is the link:

http://usuarios.lycos.es/sascomu/orden.htm#25

takes you straight to the relevant section where it says every year for a professional diver and every 2 years for a recreational diver. It is well worth reading the whole document, as it covers lots of other interesting points of law, such as compulsory equipment, max depths, etc.

 

[Paul Evans]

Until either of us can post a link to a soucre of LAW (SCREAMING OUT LOUD!!).....


Well, here is the link:

http://usuarios.lycos.es/sascomu/orden.htm#25

takes you straight to the relevant section where it says every year for a professional diver and every 2 years for a recreational diver. It is well worth reading the whole document, as it covers lots of other interesting points of law, such as compulsory equipment, max depths, etc.

1. Is this an offical site? I don,t think so
2. 1997? Bit out of date?????
2. Translation would help
3. Having contacted a several Op's in Spain, They all say you can know self certify
4. I'am currently looking for the relevant laws through a EU law site.

 

[Bretagne]

4. I'am currently looking for the relevant laws through a EU law site.

There is no European Law. There are European directives on which laws of each country must conform, but if the local law is different, you have to sue at European court which will tell that yes, you were right, but nevertheless you didn´t dive when the problem arised because you had no choice but firat conform to local law.
You cannot oppose European directives to individuals or companies, only to states when they didn't conform their laws to it.

 

[Bretagne]

Summary: you obey local law, then you sue in front of European courts because the local law is not conform to European directives.

Which means that:
-either you get a medical then you sue because you had to pay for it (20 Euros if in France)
-you do not want to pay for it, then you do not dive and then you sue.

Your choice?

 

[julianmb]

1. Is this an offical site? I don,t think so

It is someone who has taken the time to sit down and put the document, whose reference is at the top, onto the net. I'm not sure if it IS published officially on the net. I'll try to find out.
2. 1997? Bit out of date?????

They only publish new ones when they need to, not just to confirm that nothing has changed.

2. Translation would help

Sorry, i did translate the relevant bit, about 1 year for profesionals and 2 years for recreational divers.

3. Having contacted a several Op's in Spain, They all say you can know self certify

Well if you contact the centre where i work you will be told that they are wrong and that you cannot self certify, so i think it just means they would rather ignore the law than turn away paying customers. Try asking them to put it in writing and sign it maybe??

4. I'am currently looking for the relevant laws through a EU law site.

Well i don't need a residents permit as a european to work in Spain under european law, but i had to get one as they would not allow me to work legally in a dive centre without one, so i don't think you will find much there. Where i live in catalonia they don't even accept the 5 year european cyl test period, insisting on their own 3 year one! One united europe, all doing its thing!

 

[mobymark]

Anyways, we in Malta and Gozo have no doubt about our laws. And this can be viewed on the Malta Gov. website. A medical self assesment declaration is now legal. The only case where a medical is needed , besides the usual medical complications is when an Instructor will be leading open water divers or conducting courses. The medical can be brought with him. Some schools ask for a medical for Open water courses. But this is not a law.

 

[julianmb]

well, i have found the official site where the bulletins are published:

http://www.boe.es/g/es/

and the relevant bulletin:

http://www.boe.es/t/es/boe/dias/1997-11-22/seccion3.php

look for the section that says:

MINISTERIO DE FOMENTO
ORDEN DE 14 DE OCTUBRE DE 1997 POR LA QUE SE APRUEBAN LAS NORMAS DE SEGURIDAD PARA EL EJERCICIO DE ACTIVIDADES SUBACUATICAS

and then click the numbers below this section on the site to open a particular page of the bulletin.

I will try to translate and post the most relevant bits when i have some time, hopefully this week.

if anyone wants info on anything in particular, please ask.