Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 70-658 of 10 July 1970 publishing the agreement of cultural, scientific and technical cooperation between the Government of the French Republic and the Government of the Spanish State, signed in Madrid on 7 February 1969,
Decrete:
The agreement between the Government of the French Republic and the Government of the Kingdom of Spain on the recognition of diplomas and degrees of higher education, signed in Girona on 16 November 2006, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
A C C O R D
BETWEEN THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND GOVERNMENT OF THE SPANISH ROYAL ON THE RECOGNITION OF DIPLOYES AND GRADES OF SUPERLY
The Government of the French Republic and the Government of the Kingdom of Spain, referred to as the Parties,
Reaffirming the commitments made in accordance with the provisions for the exchange of the Agreement for Cultural, Scientific and Technical Cooperation of 7 February 1969;
Reaffirming their commitment within the framework of the Bologna Declaration to build the European space of higher education;
Considering:
– the traditions of cooperation and exchange between the higher education institutions of France and Spain concretized by the conclusion of numerous agreements;
―that it is desirable to encourage the mobility of students in each of the two countries by facilitating the possibility of continuing their studies in the other country,
– that it is desirable to promote the integration of students in the labour market through bilateral recognition of the ranks and diplomas of the other country,
The following agreed:
Article 1
Purpose of the agreement
The purpose of this Agreement is to facilitate:
1. Mutual recognition of periods of study, French national diplomas and official diplomas of Spanish higher education, diplomas which are recognized at the equivalent level and higher education degrees issued by a competent authority of one of the Parties, for the continuation of studies at the same level or in a higher level in institutions providing higher education of the other Party, as defined in Article 2 of this Agreement.
2. Mutual recognition of the above-mentioned diplomas and grades for access to public employment for each of the two Parties, without prejudice to the other conditions required in each country.
3. The recognition, as provided for in this Agreement, of a degree, a certificate of period of study or a specific academic degree, obtained in one of the Parties to produce, in the other Party, the professional effects attached by the respective national legislations to these diplomas and academic degrees.
Article 2
The provisions of this Agreement shall be decided without prejudice to the applicable Community rules for mutual recognition of diplomas.
Article 3
Scope
1. This Agreement applies to diplomas issued and educational periods validated by institutions providing higher education in the following two countries:
For the French Party:
All educational institutions providing post-baccalaurate training that lead to a diploma issued under the authority of the State: universities, higher schools and post-baccalaurate high school classes.
For the Spanish Party:
All institutions that provide training in academic and higher education within the educational system.
This Agreement may open to new national or official degrees of each Party or recognized as equivalent by subsequent amendments, depending on the evolution of higher education systems in both countries.
2. Recognition can only be granted for valid diplomas and grades throughout the national territory of the Party that delivers them, as defined in point 3 of this article, obtained in the framework of officially validated studies in Spain and sanctioned in France by a diploma issued under the authority of the State, and followed in an institution providing higher education training recognized by national legislation.
3. Degrees and grades: definitions.
For the French Party:
As part of this agreement, the term "degree" covers national degrees, or recognized as equivalent, that is, diplomas issued under the authority of the State:
- diplomas directly issued by the State;
― diplomas issued by institutions authorized for this purpose by the Minister for Higher Education, after the advice of the National Council for Higher Education and Research;
– title of "graduate engineer" issued by institutions authorized by the State after the advice of the Commission of Engineers (CTI);
― diplomas covered by the Minister for Higher Education visa issued by private or consular institutions recognized by the Minister for Higher Education and registered on a regular official list.
A national or recognized equivalent degree confers the same rights to all its licensees, regardless of the institution that issued it.
All national or recognized degrees of equivalent level are listed in the National Professional Certification Directory (RNCP).
The graduation certificate is a diploma.
"Grades" and "titles": University degrees and titles sanction the various levels of higher education common to all areas of training, regardless of disciplines or specialties:
― grades set the main reference levels of the European higher education space. They are four: Bachelor's degree, Bachelor's degree (180 ECTS credits), Master's degree (300 ECTS credits) and Ph.D.;
― the degree is conferred by a diploma issued under the authority of the State and carrying the specialty;
academic titles set intermediate levels to grades.
For the Spanish Party:
The "Titulo" is the official document, valid throughout the national territory, which is issued by the competent educational authority and which certifies that its holder has successfully undergone a complete cycle of graduate studies (national Spanish diplomas). This document produces, pursuant to existing regulations, "full" academic effects and empowers, where applicable, the exercise of a regulated profession.
The "Certificado" is the official document, issued by the competent academic authority, which attests that its holder has successfully undergone some of the studies leading to the issuance of a " titulo".
« Grado academico » :
The "Graduo academico" covers all academic rights and rights related to the exercise of a professional activity, inherent in the possession of a diploma or certificate, and attests that the holder of this degree has successfully undergone the tests sanctioning one of the three Spanish academic cycles or the tests of one of the above-mentioned non-university graduate cycles.
Article 4
Recognition of diplomas conferring a degree
For the purposes of this Agreement, the term "recognition" means that a degree obtained in one of the two countries is declared at the same level by the competent authority of the other country in order to produce the effects provided for in paragraphs 1 (a), (b) and (c) of this Article.
1. Upon prior request, the grades conferred in either country are recognized at the same level in accordance with the following points:
(a) The Spanish and French degrees of Doctor are mutually recognized under the conditions specified in paragraph 2 of this article.
(b) The Spanish and French Master's degrees are mutually recognized under the conditions specified in paragraph 2 of this article.
(c) The Spanish diplomas of Grado and French of licence are mutually recognized under the conditions specified in paragraph 2 of this section, when the Grado is conferred after 180 credits.
When the Grado is issued after obtaining 240 credits, it is recognized as a level comparable to master's degree, intermediate degree between the degrees of Bachelor and Master's degree.
For the Spanish Party, this recognition does not exempt from homologación to the specific degrees of Grado in the Catalogue of Official University Diplomas, nor from the official Master diplomas for which the Government enacts a specific regulation.
2. This recognition produces the following effects:
(a) Access to the higher education studies of the other Party, without the need to undergo further examinations, provided that the degree obtained authorizes its holder, in the State which issues it, to continue the same studies or other studies without further examinations.
(b) Access to the jobs of the public administration of the other Party without prejudice to the other conditions required in each country.
For the French Party: the State Public Service, the Territorial Public Service and the Hospital Public Service.
For the Spanish Party: the General Administration of the State, the administrations of the Autonomous Communities, the entities comprising the local administration and the entities of public law with legal personality, connected to or dependent on one of the public administrations.
(c) Access to the professional categories and levels of the other Party corresponding to that rank, without prejudice to the other conditions required in each country.
In France, these professional effects apply without exception and without special conditions.
In Spain, these professional effects do not exempt from the homologación of the foreign diploma to the specific official Spanish diploma required for the exercise of regulated professions, as indicated in article 4, point 1 (c).
(d) The recognition obtained pursuant to item 1 of this article does not exempt the individual from the fulfilment of the other conditions required in each country.
(e) The recognition of diplomas or grades to other effects than those provided for in paragraph 1 of this Article shall be carried out in accordance with the provisions in force in each Party.
(f) Recognition of grades will result in all the effects provided for in paragraph 1 of this Article, unless the decision of the competent authority granting these effects provides in a reasoned manner other provisions.
(g) The recognition obtained in one of the Parties pursuant to this Agreement may in no way confer rights beyond those granted in the other Party.
3. The competent authorities are:
― For the continuation of studies in France and Spain: the higher education institution in which the student wishes to register;
– For professional purpose recognition:
― in France, the National Centre for Academic Recognition and Vocational Recognition - ENIC-NARIC France Centre for International Educational Studies (CIEP).
- in Spain,
― the "Ministerio de Educación y Ciencia" for the recognition of the academic degree corresponding to the official studies of Grado and, during the transition period, for the recognition of the academic degrees of diplomado and licenciado;
― the university chosen by the interested person for the recognition of the degrees of Master and Doctor.
Article 5
Recognition of study periods
not giving a grade
1. Upon prior request, the examinations or partial periods of studies validated in institutions providing higher education from one of the Parties shall be taken into account, in particular on the basis of the ECTS system and, where appropriate, recognized by the other Party, to permit the continuation of studies in higher education institutions.
2. The studies and establishments in which they are carried out must meet the requirements of Article 3 (items 1 and 2) of this Agreement.
3. The competent authority for the recognition of study periods is:
– in France: the higher education institution in which the applicant wishes to continue his studies;
― in Spain: the university in which the applicant wishes to continue his studies, or the "Ministerio de Educación y Ciencia" when it comes to pursuing studies in non-university higher education institutions.
Article 6
Bilateral programmes
The two Parties shall encourage the development of bilateral programmes leading to the issuance of joint diplomas recognized in both countries or double diplomas, in accordance with the terms defined by the commission established in Article 7 of this Agreement.
Article 7
Standing Committee of Experts and Information Points
It consists of a Standing Committee of Experts, composed of five to seven members, respectively designated by each Party. This Commission shall be competent to deal with all matters arising from the application of this Agreement. This Commission meets at the request of one of the Parties. It will determine the location of the meeting each time.
Information on the changes in the structures of higher education in each of the two countries, resulting from the registration in the European area of higher education, is communicated within this Commission.
The relevant information services on diplomas issued in each of the two countries are the ENIC-NARIC centres for France and Spain.
Article 8
Entry into force
This Agreement comes into force on the date of the last notification of the Parties informing each other of the fulfilment of the internal procedures required for its entry into force.
Article 9
Resolution of disputes
In the event of a dispute between the Parties concerning the interpretation or application of this Agreement, the Parties shall consult with a view to resolving the dispute through amicable negotiation.
Article 10
Duration of the agreement
This Agreement shall be concluded for a period of five years, beyond which it shall be tacitly renewed by one-year periods, each Party that may denounce it by Note verbale to the other Party six months before the expiry date.
In faith, the undersigned, duly authorized by their respective Governments, have signed this Agreement.
Done at Girona on 16 November 2006, in double copy, in French and Spanish, both texts being equally authentic.
For the Government
of the French Republic:
Gilles de Robien,
Minister of National Education,
higher education
and Research
For the Government
of the Kingdom of Spain:
Mercedes Cabrera
Calvo-Sotelo,
Minister of Education,
Science and Sport
A N N E X E 1
FRENCH AND GRADES
You can consult the table in the
JOn° 10 of 12/01/2008 text number 7
1. This presentation corresponds to the forecasts set out in Royal Decree 55/2005 of 21 January 2005 on the structure of university education and Grado university studies.
2. This degree of superior technician punishes the "Formación Profesional de Grado Superior" in plastic arts and in sports disciplines.
3. The master's degree is conferred on graduates of 300 ECTS, including master's degrees, graduate engineers, DEA, DESS...
4. Master's degree is an intermediate degree between degree and master's degrees.
5. The diplomas indicated on this line correspond to 120 credits and allow the continuation of studies to obtain the degree of licence.
Done in Paris, January 10, 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
