Royal Decree 1837/2008 of 8 November incorporating Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 and Council Directive 2006 /100/EC into the Spanish legal order, of 20 November 2006 on the recognition of professional qualifications, as well as certain aspects of the exercise of the profession of lawyer, adapted to the Spanish legal system the Community rules on this matter. In summary, the first of the abovementioned Directives was to consolidate the general framework governing the right of nationals of the Member States of the European Union to pursue a profession, whether self-employed or self-employed, in a Member State. other than that in which they acquired their professional qualifications.

This framework was the result of the historical evolution of the numerous directives hitherto adopted on the subject, almost from the origin of the European Community itself, supplemented by the principles derived from the copious case-law of the Court of Justice over more than four decades and aimed at the progressive removal of obstacles to the free movement of persons and services between Member States.

The first stage of this evolutionary process took place throughout the 1960s and was characterised by a first group of directives containing a number of targeted liberalisation measures. mainly for the exercise of craft and commercial activities. From their origin, they were conceived with a certain character of provisionality as they were intended to be replaced by other more perfected mechanisms of recognition before the end of the first transitional period. Its operation was not based properly on the establishment of mechanisms for recognition of diplomas, but on the accreditation of professional experience in the State of origin. These Directives were recast, some and repealed by Directive 1999 /42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of diplomas in respect of activities (a) professionals referred to in the Directives on liberalisation and transitional measures, which was incorporated into the Spanish legislation by Royal Decree 253/2003 of 28 February 2003.

The second stage, much more ambitious, had its development over the course of another decade between the mid-1970s and 1980s and was characterised by a new approach in which the Community institutions addressed the issue. from the point of view of the harmonization and coordination of the conditions for the training of diplomas leading to the exercise of certain professions, most of which belong to the field of health, making it easier to pool them in lists which, the dessert, they would have to lead to their automatic recognition among the different states members.

However, the difficulty of continuing to move forward under the aforementioned vertical and harmonised approach in the other professions, led to a shift in the strategy of the Community institutions towards another, now horizontal, approach. based on the search for other mechanisms for the recognition of qualifications which can be applied to all other professional sectors. The directives of the so-called general system, adopted from 1989 onwards, thus emerged.

The product of these successive guidelines, in a considerable number of directives, although it certainly made a great breakthrough in the effort to guarantee the freedom of establishment and freedom to provide services. However, there is a wide range of legislation which, in many cases, has made it difficult to apply the different mechanisms for recognition.

Thus, the already mentioned Directive 2005 /36/EC would be used to recast almost all Community legislation on the recognition of professional qualifications, ending the previous dispersion and grouping it into a single body rules. On the other hand, although the essential foundations of the previous system were maintained, including the distinction between a general recognition regime and another based on the coordination of minimum training conditions, the Directive came to incorporate important new elements as well as key principles established by the case law of the Court of Justice.

Directive 2013 /55/EU of 20 November, which is now being transposed, maintains the validity of the abovementioned Directive, although it introduces relevant amendments to it in order to further progress in the elimination of the Obstacles to the exercise of the rights of citizens of the European Union and the easing of the administrative burden linked to the recognition of professional qualifications. It also serves to improve the competitiveness of the Member States, support sustainable growth and reduce unemployment in the framework of European initiatives to promote the mobility of workers within the European Union.

Among the measures incorporated with this new regulation adopted with the aim of strengthening the internal market and promoting the free movement of professionals, while ensuring more effective recognition and (i) the introduction of a European Professional Card aimed at facilitating temporary mobility through the application of the system of automatic recognition or of a system of automatic recognition of professional qualifications; a simplified procedure under the general system.

The European Professional Card shall be issued at the request of a professional on presentation of the necessary documents and the relevant procedures for verification by the competent authorities have been complied with. Where the European Professional Card is issued for the purpose of establishment, it should constitute a recognition decision and be treated as any other recognition decision under Directive 2005 /36/EC.

The functioning of the European Professional Card should be supported by the Internal Market Information System (IMI) introduced by Regulation (EU) 1024/2012 of the European Parliament and of the Council.

To date, this procedure applies to the nursing professions, pharmacist, physiotherapist, mountain guide and property agent, in accordance with the provisions of the Commission Implementing Regulation (EU) 2015/983 of 24 June 2015.

addition, the new regulation introduces a new concept, such as the "Partial Access", which is of great relevance for dealing with cases where activities in the host Member State are carried out in the host Member State. they are part of a profession whose field of activity is greater than in the Member State of origin. If the differences between the fields of activity are so important that it is actually necessary to require the professional to carry out a complete teaching and training programme to alleviate the gaps and if this professional so requests, the State host member must, in these particular circumstances, grant him partial access.

In a specific way, the new legislation also incorporates new developments with regard to the minimum training conditions laid down for certain professions. Thus, those relating to the minimum number of years of basic medical training; the possibility of exemptions relating to certain parts of specialist medical training, where a previous medical specialty is available in a Member State; the timely review of certain aspects relating to the nursing training programmes in order to achieve a better defined and more targeted guarantee of results to ensure that the professional has acquired certain knowledge and skills during training; that the requirements for admission to the training of midwives must be increase to 12 years of general education or require the improvement of an examination of an equivalent level, except in the case of professionals who already hold a nurse's degree responsible for general care; the establishment of new principles in respect of medical and dental specialties which are automatically recognised when they are common for at least two-fifths of the Member States; and finally, as regards the minimum conditions for the training of architects includes the need to complete university training with an experience professional, under the supervision of an architect or a study of architects.

In another order of things, the new Directive 2005 /36/EC, by introducing common principles of training, promotes a more automatic character of the recognition of professional qualifications in the case of professions which do not currently enjoy this. These common training principles should take the form of "Common Training Frameworks" based on a common set of standardised training tests on knowledge, skills and competences. The common training frameworks should also be able to include specialties, which are currently not covered by the provisions on automatic recognition. The common training frameworks for such specialties, in particular medical specialties, should provide a high level of protection of public health and patient safety.

In addition, although Directive 2005 /36/EC already provided for the obligation for professionals to have the necessary language skills, the new order provides for the possibility for the competent authorities to proceed effective verification after the recognition of their professional qualifications, enabling, in particular, in the case of the professions with implications for the safety of patients, that such verification of linguistic competence is carry out before the professional begins to pursue the profession in the State host member.

In order to increase guarantees to citizens, the standard creates the "Assistance Centres", whose main activity will be to provide advice and assistance to citizens, including through individual interviews, to to ensure that the day-to-day application of the rules of the internal market in particular complex cases is monitored at national level. The assistance centres shall act as liaison with the competent authorities and assistance centres in other Member States.

In addition, the establishment of an "Alert Mechanism" is also an important development. Thus, with regard to the coordination of information between Member States, it is not only a question of responding to requests for information directed by authorities in other Member States, but also of the obligation to alert Member States to information. own initiative to the competent authorities of the other Member States on professionals who are no longer authorised to pursue their profession.

Through this mechanism, all Member States should be alerted when, due to a disciplinary measure or a criminal conviction, a professional is no longer authorised to exercise, even on a temporary basis, his or her activities. professionals in a Member State. The alert must include all available information about the defined or indefinite period to which the restriction or prohibition applies. This alert must be activated through the IMI system. The obligation to issue an alert should only be imposed on Member States where such professions are regulated.

The specific alert mechanism for health professionals under Directive 2005 /36/EC should also apply to veterinarians, as well as to professionals engaged in activities related to the education of health professionals. children, including early childhood education and care.

Finally, even if the Community directive that is now incorporated in our order is amended from 2005 /36/EC that is still in force, the present transposition chooses to repeal the previous Royal Decree 1837/2008, of 8 In November, the Commission adopted a directive on the approximation of the laws of the Member States relating to the approximation of the laws of the Member States relating to: the rule and would make its application equally complex by the relevant authorities competent. This is provided for in the single derogating provision of this rule which, without prejudice to the foregoing, chooses to maintain the validity of Annexes VIII and X of the Royal Decree which is now repealed until the end of the work of review by the inter-ministerial committee set up for the purpose in Article 81.

In the handling of this royal decree, the Ministry of Finance and Civil Service has been informed and the autonomous communities, the Economic and Social Council and the professional corporations have been consulted.

In its virtue, on a joint proposal of the Ministers of Education, Culture and Sport, Foreign Affairs and Cooperation, Justice, Defense, Interior, Development, Employment and Social Security, Energy, Tourism and Agenda Digital, Agriculture and Fisheries, Food and the Environment, the Presidency and the Territorial Administrations, the Economy, Industry and Competitiveness, and Health, Social Services and Equality, with the prior approval of the Minister of Finance and Public Service, in agreement with the State Council and prior deliberation of the Council of Ministers at its meeting on 9 June 2017,

DISPONGO:

TITLE I

General provisions

CHAPTER I

Object and Scope

Article 1. Object.

This royal decree aims to establish the rules and procedures for allowing the access and exercise of a regulated profession in Spain by the recognition of professional qualifications acquired in another or other Member States of the European Union and allowing their holder to pursue the same profession.

In addition, this royal decree lays down rules on partial access to a regulated profession and procedures for the recognition of periods of professional practice in another Member State.

Article 2. Scope.

1. This royal decree will apply to nationals of Member States of the European Union who intend to exercise, on their own or as an employed person, a regulated profession in Spain through the recognition of their professional qualifications obtained in another or other Member States.

It shall also apply to all nationals of a Member State of the European Union who have carried out a period of professional practice outside their home Member State.

2. This royal decree will not apply to the following regulated professions:

(a) Those with specific mechanisms for the recognition of professional qualifications established in European Community standards issued in the application of independent legislative instruments.

(b) The professions and activities involved in the exercise of public authority.

c) Notaries and registrars of property, mercantile and movable property.

Article 3. Effects of recognition.

1. The recognition of professional qualifications by the Spanish competent authority will enable the beneficiary to access the same profession in Spain as the one for which he is qualified in the Member State of origin and to pursue the same rights as Spanish nationals.

2. For the purposes of this royal decree, it shall be understood that the profession proposed to be exercised by the applicant in Spain is the same as that for which he is qualified in his home Member State, where the activities covered by that qualifications are similar.

3. By way of derogation from paragraph 1, partial access to a profession in Spain shall be granted subject to the conditions laid down in Chapter IV of this Title.

CHAPTER II

Definitions

Article 4. Definitions.

For the purposes of this royal decree:

1. Lifelong learning: All activities of general education, vocational education and training, non-formal education and informal learning undertaken over the course of life, enabling the improvement of knowledge, skills and skills. skills, and which can include professional ethics.

2. Competent authority: any authority or body vested with authority by the Member States, empowered to issue or receive training certificates and other documents or information, and to receive applications and take decisions referred to in Directive 2005 /36/EC and, in the case of Spain, in this royal decree.

3. Professional qualification: Capacity for access to a particular profession, or to its financial year, which is officially accredited by a training certificate, by a certificate of competence as defined in Article 19.1.a), by a formally recognized professional experience, or by the contest of more than one such circumstance.

4. Professional experience: The effective and lawful, full-time or part-time exercise in a Member State of the European Union, of the profession in question.

5. Regulated training:

(a) "regulated training" means any training specifically geared to the pursuit of a particular profession and which consists of a course of study completed, where appropriate, by vocational training, a period of professional practice or professional practice. The structure and level of vocational training, the period of professional practice or professional practice shall be determined by the laws, regulations or administrative provisions of the Member State concerned or shall be control or approval by the authority to be determined for this purpose.

b) They will have the consideration of education and regulated training in Spain those teachings that, in compliance with these requirements, lead to the obtaining of an official title with value throughout the national territory, generally included in the corresponding levels of the Spanish education system.

6. Period of professional practice: A period of professional practice carried out under supervision provided that it constitutes a condition for access to a regulated profession, and that it may take place during, or once completed, studies which lead to the attainment of a diploma, without prejudice to the provisions of Article 61 (6

.

7. Traineeship and aptitude test period:

(a) 'period of practice' means the exercise in Spain of a regulated profession carried out under the responsibility of a qualified professional, who may be accompanied by further training. This period of supervised practice will be the subject of an evaluation. The modalities of the practice period and its assessment shall be determined in the rules referred to in the second final provision.

(b) "aptitude test" means the control carried out on the knowledge, skills and professional competence of the applicant, carried out or recognised by the competent Spanish authorities and which has the object to the applicant's ability to exercise a regulated profession in Spain.

In order to allow such control, the competent Spanish authorities shall establish a list of the materials which, on the basis of a comparison between the training required in Spain and the one received by the applicant, are not covered by the diploma or other evidence of formal qualifications held by the applicant.

In the aptitude test, it must be taken into account that the applicant is a qualified professional in the Member State of origin or of the Member State of origin. The test shall cover subjects to be chosen from among those on the list and whose knowledge is an essential condition for exercising the profession in question in Spain. Such proof may also cover the knowledge of the professional standards applicable to the activities in question in Spain.

(c) The Spanish competent authorities shall establish the status in Spain of persons in practice and of applicants wishing to prepare for the aptitude test as regards the right of residence, obligations, social rights and benefits, allowances and remuneration, where appropriate, in accordance with the provisions of the applicable Community legislation.

8. Company management: Everyone who, in a business in the relevant professional sector, has exercised the function of a manager of a company or a branch of a company, or the function of attachment to the owner or manager of a business business if such a function implies a responsibility equivalent to that of the owner or manager represented, or the function of executive in charge of commercial or technical tasks and responsible for one or more departments of the company.

9. Regulated profession:

(a) To the exclusive effects of the application of the system of recognition of qualifications regulated in this royal decree, "regulated profession" means the activity or set of professional activities for which access, exercise or mode of exercise is required, directly or indirectly, to be in possession of certain professional qualifications, by virtue of laws, regulations or administrative provisions.

(b) The use of a professional title, limited by legal, regulatory or administrative provisions to the holder of a certain professional qualification, shall be deemed to be "exercise mode".

(c) It shall also be equivalent to a regulated profession, where the preceding paragraphs are not applicable, the profession exercised by the members of an association or organisation referred to in Annex I. of entities enjoying special recognition by a Member State of the European Union, which issue their members with a training degree, ensuring that they comply with professional standards laid down by them and grant them the right to professionally use a diploma, an abbreviation or a range corresponding to that title of training.

Identical equalisation will occur when a Member State grants recognition to a partnership or organisation of this kind, provided that the Member State informs the European Commission of this and the European Commission makes it public in such a way as to (a) proceed in the Official Journal of the European Union.

10. Overriding reasons of general interest: Reasons recognised as such in the case-law of the Court of Justice of the European Union.

11. European System of Transfer and Accumulation Of Credits or ECTS credits: Unit of measure of the academic having used in the European Space of Higher Education regulated in Royal Decree 1125/2003, of 5 September.

12. European Professional Card: Electronic certificate attesting to the fulfilment by a professional of all the necessary conditions for the exercise of a regulated profession in a host Member State, either in the form of temporary and occasional provision of services or for the effective exercise of the right of establishment.

13. Training Title:

(a) "Training certificate" means any diploma, certificate and other evidence of formal qualifications awarded by an authority of a Member State of the European Union, competent in this field, which officially sanctions a professional training acquired in a preponderant way in the Community.

(b) In addition, any training certificate issued in a third country shall be equivalent to a training certificate provided that its holder has, in the profession concerned, a professional experience of three years in the territory of the territory of the of the Member State which has recognised this training certificate and is certified by it. For the regulated professions referred to in Chapter III of Title III, this first recognition must have been carried out in compliance with the minimum training conditions laid down in that Chapter.

CHAPTER III

European Professional Card

Article 5. Issuing of the European Professional Card.

1. The European Professional Card referred to in this Chapter may be applied for by persons who are in possession of a certificate certifying the relevant professional qualification for the access or exercise of any of the the professions listed in Annex I to Commission Implementing Regulation (EU) 2015/983 of 24 June 2015.

2. The professionals referred to in the preceding paragraph may choose to apply for such a card or to use the procedures provided for in Titles II and III.

3. The holder of a European Professional Card shall enjoy all the rights conferred by Articles 6 to 10.

4. Where, by virtue of the rules on freedom to provide services provided for in Title II, the holder of a certificate certifying his professional qualification in Spain intends to provide services other than those of the Member State concerned, referred to in Article 13.4, the Spanish competent authority referred to in paragraph 7 of this Article shall issue the European Professional Card in accordance with Articles 6, 7 and 8. The European Professional Card shall, where appropriate, constitute the declaration provided for in Article 13.

5. Where the holder of a certificate certifying his professional qualification in Spain intends to establish himself in another Member State, pursuant to the provisions of Title III, or to provide services, under the Article 13.4, the Spanish competent authority as referred to in paragraph 7 of this Article shall complete all preparatory stages with regard to the individual file of the applicant in the framework of the Internal Market Information System (IMI file) as set out in Articles 6, 7 and 9. In this case, the European Professional Card shall be issued by the competent authority concerned to the Member State of destination.

Also where the IMI file has been initiated before the competent authority of another Member State, in view of the intention of the applicant to establish or to provide its services in Spain, the competent authority In accordance with paragraph 7 of this Article, it shall issue the European Professional Card in accordance with Articles 6, 7 and 9.

6. For the purposes of establishment, the issuing of a European Professional Card shall not confer an automatic right to exercise a particular profession if there are registration requirements, or as a collective right, in those cases where his or her exercise is subject to compulsory tuition or other control procedures established prior to the introduction of the European Professional Card for that particular profession.

7. It is for the Spanish authorities that in each case the preparation and processing of the IMI files and, as the case may be, the issue of the European Professional Card in accordance with the requirements of the European Professional Card, are competent for each of the regulated professions. forecasts contained in paragraphs 4 and 5 above.

Such authorities shall ensure an impartial, objective and timely treatment of European professional card applications.

The competent authorities and the assistance centre provided for in Article 80 of this Royal Decree shall inform the public, in particular of potential applicants, of the operation and the added value of the European Professional Card for the professions for which it is available.

Article 6. Application for the European Professional Card and the creation of an IMI file.

The application for the European Professional Card will be carried out through the electronic platform created by Implementing Regulation (EU) 2015/983. Such a request, which shall be accompanied by the documents required in Annex II to that Regulation, shall result in the creation of an IMI file. The IMI file shall also be created for all applications made in writing in accordance with the legislation in force.

Article 7. Procedure.

1. Within one week of receipt of the request referred to in Article 6, the competent Spanish authority referred to in Article 5 (7) shall acknowledge receipt of the request of the person concerned and, where appropriate, require the person concerned to input of the documents needed for processing.

2. The competent Spanish authority referred to in Article 5 (7) shall verify that the applicant fulfils the conditions for being legally established in Spain and that all the necessary documents issued are valid and authentic, may, where appropriate, make the necessary consultations with the relevant bodies or bodies and ask the person concerned for the certified copies of the documents.

3. In the case of subsequent applications submitted by the same applicant, it shall not be possible to require the submission of documents already in the IMI file and which remain valid.

Article 8. European Professional Card for the temporary and occasional provision of services other than those referred to in Article 13 (4

.

The issue of the European Professional Card for the first temporary and occasional provision of services other than those for regulated professions which have implications for public health or safety, which do not enjoy the automatic recognition procedure under Title III, Chapters II, III and IV shall comply with the following requirements:

(a) With regard to European professional card applications based on professional qualifications obtained in Spain:

1. The corresponding authority referred to in Article 5 (7) shall verify the application and supporting documents appearing in the IMI file and issue the European Professional Card within three weeks. for the temporary and occasional provision of services other than those referred to in Article 13 (4

.

The period of three weeks for the issue of the European Professional Card shall start from the receipt of all the documents required for the purpose of the application, as provided for in Article 7, paragraph 1. In the event that no additional documentation has been required of those submitted in conjunction with the application, the time limit for the issue of the European Professional Card shall start from the expiry of the one-week period to which it is refers to that article and paragraph.

Issued by the European Professional Card, the Spanish competent authority shall immediately proceed to its transmission to the competent authority of the Member State of destination and shall notify the person concerned of such dispatch and transmission, making it known that the Member State of destination will not be able to require a new prior declaration within the following 18 months after issue.

2. The decision of the procedure shall be reasoned, and against it, as well as against the absence of an express resolution within the prescribed period, the resources from administrative and administrative disputes may be brought together, in accordance with Law 39/2015 of 1 October of the Common Administrative Procedure of the Public Administrations and with Law 29/1998 of July 13, the regulator of the Jurisdiction-Administrative Jurisdiction.

3. If the holder of a European Professional Card wishes to provide services in Member States other than those initially mentioned in the application, he may request an extension indicating that circumstance.

If the holder wishes to continue to provide services at the end of the eighteen month period referred to in the third subparagraph of the preceding number 1, he shall inform the competent authority thereof.

In both cases, the holder shall provide all information regarding material changes that have occurred in the situation established in the IMI file so that the Spanish competent authority transmits the card updated European professional to the host Member States concerned.

4. The European Professional Card shall remain valid throughout the territory of all the Member States of destination in question as long as the holder maintains the right to exercise his profession on the basis of documents and information contained in the IMI file.

b) In respect of applications for a European professional card based on qualifications obtained in another Member State: Notification of the European Professional Card issue, the Spanish competent authority may not require no new declaration in accordance with Article 13 within the following 18 months.

Article 9. European Professional Card for the establishment and temporary and occasional provision of services pursuant to Article 13 (4

.

The issue of the European Professional Card for the purpose of establishment or for the first temporary and occasional provision of services for regulated professions which have implications for health or safety public, which do not enjoy automatic recognition under Title III, Chapters II, III or IV, shall comply with the following requirements:

(a) With regard to European professional card applications based on professional qualifications obtained in Spain:

1. The Spanish competent authority shall verify within one month the authenticity and validity of the supporting documents appearing in the previously formed IMI file for the purpose of issuing the card European professional for the establishment or temporary and occasional provision of services referred to in Article 13 (4

.

2. The deadline of one month, as referred to in the preceding number, shall start from the receipt of all the documents required in the case of the application, as provided for in Article 7 (1). In the event that no additional documentation has been required to be submitted in conjunction with the application, the time limit for the issue of the European Professional Card shall start from the expiry of the one-week period for which it is referred to in Article 7 (1

.

3. º Once the documentation is verified, it shall immediately transmit the application to the competent authority of the Member State of destination, and inform the applicant of the status of the application.

4. On the basis of a reasoned request from the Member State of destination, the competent Spanish authorities shall, on request, provide the person concerned with the documents not held by the Administration within two weeks. the requested additional information and, where applicable, shall include the certified copies of the required documents. Notwithstanding that request, the time limit for resolving the issue of the card shall be one month, as set out in the preceding paragraphs, with the exception of the extension provided for in paragraph (b) of this Article.

(b) For European professional card applications based on qualifications obtained in another Member State:

1. In the cases referred to in Articles 25, 29, 66 and 67, the Spanish competent authority shall decide on the issue of a European Professional Card for the establishment or temporary and occasional provision of services referred to in Article 13 (4) within one month of the date of receipt of the application transmitted by the competent authority of the country of origin.

The Spanish competent authority may, in the case of duly justified doubts, direct a reasoned request to the authorities of the Member State of origin concerning additional information or certified copies of documents. necessary to adopt the relevant resolution. After a period of two weeks for the provision of the additional information and, in any event, within the period of the month provided for in the preceding paragraph, with the exception of the extension provided for in Article 4 (b) of this Article, adopt the appropriate resolution.

2. In the cases referred to in Article 13 (4) and Article 22, the Spanish competent authority shall decide whether to issue a European Professional Card or to hold the person in possession of a certificate attesting to the their professional qualification for compensatory measures within two months of the date of receipt of the application transmitted by the Member State of origin.

The Spanish competent authority may, in the case of duly justified doubts, direct a reasoned request to the authorities of the Member State of origin concerning additional information or certified copies of documents. necessary to adopt the relevant resolution. The time limit of two weeks for the provision of the additional information and, in any event, within the two-month period provided for in the preceding paragraph, with the exception of the extension provided for in Article 4 (b), shall be adopted. appropriate resolution.

3. In the event that the Spanish competent authority does not receive the necessary information and documentation from the competent authority of the Member State of origin or the applicant to adopt the relevant decision on the issue of the European Professional Card, may, by means of a duly substantiated decision, refuse to issue the European Professional Card.

4. º If the Spanish competent authority does not take a decision within the time limits set out in numbers 1 and 2 of this paragraph b) or does not call an aptitude test in accordance with Article 15, the European professional shall be deemed to have been issued and shall be sent automatically, through the IMI, to the person in possession of a certificate attesting to his professional qualification.

However, the Spanish competent authority may extend by a term of two weeks the time limits provided for when duly justified reasons must be reported to the applicant.

Exceptionally and for once, for reasons of strict public health or the safety of the recipients of the services, a further extension of two additional weeks may be decided.

5. The decision of the procedure shall be reasoned, and against it, as well as against the lack of express resolution within the prescribed period, the resources from administrative and administrative disputes may be brought together, in accordance with Law 39/2015 of 1 October of the Common Administrative Procedure of the Public Administrations and with Law 29/1998 of July 13, the regulator of the Jurisdiction-Administrative Jurisdiction.

(c) In the cases referred to in paragraphs (a) and (b) of this Article, the conformation of an IMI file shall replace any application for recognition of professional qualifications.

Article 10. Treatment and access to data relating to the European Professional Card.

1. To the purpose of updating the relevant IMI file, and without prejudice to the presumption of innocence, the courts and tribunals, as well as the public administrations with sanctioning powers for certain professionals and In the case of professions of compulsory tuition, collective corporations shall forward to the Spanish competent authority information on disciplinary measures or criminal sanctions adopted in connection with a prohibition or restriction. and which could have consequences for the exercise of professional activities of the holder of a European Professional Card. Such updates will include deleting information that is no longer required.

2. The holder of the European Professional Card and the competent authorities who have access to the relevant IMI file shall be informed immediately of any updates. This obligation shall not affect the alert obligations imposed on Member States in accordance with Article 77.

3. The content of the updates referred to in paragraph 1 shall be limited to the following:

a) The identity of the professional;

(b) the profession in question;

(c) information on the national court or authority that has taken the decision on the restriction or prohibition;

d) the scope of the restriction or prohibition, and

e) the period during which the restriction or prohibition applies.

4. Access to the information contained in the IMI file shall be limited to the relevant Spanish competent authorities, although the data subject may at any time request the competent authorities to provide information on the content of the IMI file started as a result of your request.

5. The information contained in the European Professional Card shall be limited to the information necessary to verify the right of the holder to exercise the profession for which the card has been issued, in particular its name, date and name. place of birth, their profession, their qualifications, the applicable arrangements, the competent authorities involved, the number of the card, the security features and the reference to a valid proof of identity.

The IMI file shall also include information relating to the professional experience acquired or the compensatory measures exceeded by the holder of the European Professional Card.

6. Employers, clients, patients, public authorities, collective organisations and other interested parties may verify the authenticity and validity of a European professional card which is presented to them by the holder.

7. The access and processing of data referred to in this article shall be carried out in compliance with the rules on the protection of personal data established by the Organic Law 15/1999 of 13 December on the Protection of Personal Data and its development rules, as well as in the case of Community legislation which is applicable.

Personal data contained in the IMI file may be processed for as long as it is required for the purposes of the recognition procedure as such and as proof of the recognition or transmission of the declaration required under Article 13.

The holder of a European Professional Card may at any time, without any cost, request the rectification of incorrect or incomplete data, or the deletion or blocking of the IMI file concerned. This right shall be reported to the holder at the time of issue of the European Professional Card, and shall be reminded of that right every two years thereafter. The reminder will be sent automatically via IMI when the initial European Professional Card application has been submitted online.

In the event of an application for the deletion of an IMI file linked to a European Professional Card issued for the purposes of the establishment or temporary and occasional provision of services under Article 13 (3) 4, the relevant Spanish competent authority shall issue to persons holding certificates of training a certificate attesting to the recognition of their professional qualifications.

With regard to the processing of personal data contained in the European Professional Card and all IMI files, the competent authorities shall be held responsible for the processing of personal data. The provisions of the rules for the protection of personal data.

With regard to the obligations incumbent upon it under this Article and the processing of personal data that this entails, the Commission shall be held responsible for processing for the purposes of Article 2 (d), Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies, and to the free movement of such data.

CHAPTER IV

Partial access to a professional activity

Article 11. Rules relating to partial access to a particular profession.

1. The Spanish competent authority shall grant partial access to a professional activity, subject to individual examination of each application, only if all of the following conditions are met:

(a) that the professional is fully qualified to exercise in the home Member State the professional activity for which partial access is sought;

(b) The differences between the professional activity legally exercised in the Member State of origin and the regulated profession in Spain are so important that the application of compensatory measures would be equivalent to requiring the applicant who will carry out the complete training programme required to be able to have full access to the regulated profession in Spain;

c) That the professional activity may be objectively separated from other activities of the regulated profession in Spain.

For the purposes of point (c), the Spanish competent authority shall take into account whether the professional activity can be exercised autonomously in the home Member State.

2. Partial access may be refused if this refusal is justified by an overriding reason of general interest, appropriate to the achievement of the objective pursued and if it does not go beyond what is necessary to achieve that objective.

3. Applications, for the purposes of establishment, shall be examined in accordance with the provisions of Title III, Chapters I and V.

4. Applications for the provision of temporary and occasional services in relation to professional activities having implications for public health or safety shall be examined in accordance with the provisions of Title II.

5. By way of derogation from Article 15 (6) and Article 73 (1), after partial access has been granted, the professional activity shall be carried out under the name corresponding to the professional title of the home Member State. This name must be expressed in one of the official languages of the Spanish State.

6. Professionals who benefit from partial access shall clearly indicate to the recipients of the services the scope of their professional activities.

7. This Article shall not apply to professionals who enjoy the automatic recognition of their professional qualifications under Title III, Chapters II, III and IV.

TITLE II

Freedom to provide services

Article 12. Principle of freedom to provide services.

1. The provisions of this Title shall apply only where the provider moves to the Spanish territory to exercise, on a temporary or occasional basis, a regulated profession.

2. The temporary and occasional nature of the provision of own services of the regulated profession shall be assessed in each case separately, taking into account, in particular, the duration of the service itself, its frequency, its periodicity and its continuity, and, where appropriate, as stated in the previous declaration as referred to in Article 13.

3. Professionals from Member States of the European Union may freely provide their services in Spain, without the provision of such services being prevented or restricted for reasons of professional qualification, provided that they comply with the following conditions: requirements:

(a) Who are legally established in another Member State, to exercise in the same profession as they intend to exercise in Spain.

(b) In the event of posting of the provider, if he has pursued such a profession in one or more Member States for at least one year in the course of the ten years preceding the provision of services, where the profession does not is regulated in the Member State of establishment. The condition requiring the exercise of the profession for one year shall not apply where the profession or training leading to the profession is regulated.

4. In the event of posting, the service provider shall be subject to professional, legal or administrative Spanish professional rules which are directly related to professional qualifications, including the definition of of the profession, the employment of diplomas and the serious professional negligence which is found directly and specifically related to the protection and safety of the consumer, as well as to the disciplinary provisions applicable in Spain to the professionals exercising the same profession.

5. It is for the authorities to be competent in each case in Spain in relation to each profession or regulated activity, to receive the declarations, to take the action and to adopt the resolutions referred to in Articles 13 to 16. next.

6. In the case of the posting of employed persons, the provisions of this royal decree are without prejudice to the provisions of Law No 45/1999 of 29 November on the posting of workers in the framework of the provision of transnational services.

Article 13. Pre-declaration in cases of displacement.

1. Prior to the first posting, the service provider shall inform the competent authority of the provision which he intends to make by submitting a written declaration to the Spanish competent authority. Such declaration shall meet the following requirements:

(a) It shall be made in writing, according to the model published as Annex VII to this Royal Decree, and may be presented by any of the means and in the places provided for in Article 16 of Law 39/2015 of 1 October of the Common Administrative Procedure for Public Administrations.

(b) Include information on insurance guarantees or similar means of personal or collective protection that you may have in relation to your professional responsibility.

2. The declaration shall be renewed annually, in the cases where the service provider intends to continue the provision of temporary or occasional services in Spain in successive annual periods, and to inform the service provider thereof. authority.

3. In the first provision of services, or where the situation referred to in the documents referred to below has undergone any change, the declaration referred to in this Article shall be accompanied by the following: documents:

(a) Documentation certifying the nationality of the service provider.

(b) Certificate of evidence that the declarant is legally established in a State of the European Union to carry out the activities in question, as well as the absence of any prohibition, at the time of to make the declaration, which prevents it from exercising the profession in the State of origin, even temporarily, issued by the competent authority of the country of origin.

c) Proof of professional qualifications.

(d) In the cases referred to in point (b) of Article 12 (3), any evidence that the provider has exercised the activity concerned for at least one year in the course of the preceding 10 years.

e) In the case of the professions in the security sector and the health sector, and for the professions related to the education of minors, including education and early childhood care, a certificate that accredit the absence of temporary or definitive suspensions of the profession or of criminal convictions, in the cases of requiring such documents to be made to the professional in the national territory.

f) For the professions with implications for patient safety, a statement on the knowledge that the applicant has of the language necessary for the exercise of the profession in Spain.

g) For professions carrying out the activities referred to in Article 25 and notified by a Member State in accordance with Article 83 (2), a certificate concerning the nature and duration of the activities of the activity issued by the competent authority or body of the Member State in which the service provider is established.

4. In the first temporary and occasional provision of services for regulated professions which have implications for public health or safety, which do not benefit from the automatic recognition procedure under Title III, Chapters II, III and IV the Spanish competent authority may carry out a prior verification of the professional qualifications of the provider in accordance with the provisions of Article 15.

5. The presentation by the service provider of the declaration required in accordance with paragraph 1 shall enable him to access the activity or to carry out such activity in the whole of the Spanish territory.

The competent Spanish authorities may require additional information as referred to in paragraph 4 concerning the professional qualifications of the service provider if:

(a) In parts of the national territory the profession is subject to a different regulation;

(b) such regulation is also applicable to all nationals;

c) the differences in regulation are justified by overriding reasons of general interest relating to the public health or the security of the recipients of the services, and

d) the competent authorities have no other means of obtaining such information.

6. The provision of services shall be carried out under the professional title of the Member State of establishment, in the event that such title exists in that State for the professional activity concerned. The title shall be indicated in the official language or in one of the official languages of the Member State of the European Union in which the service provider is established, in order to avoid any confusion with the Spanish professional title. In cases where there is no such professional title in the Member State of establishment, the provider shall mention his training in the official language or in one of the official languages of that Member State. By way of exception, the service shall be provided under a Spanish professional title in the cases provided for in Chapter III of Title III

Article 14. Waivers.

1. The service provider shall be exempt from the obligations imposed on professionals established in Spanish territory concerning the authorization, registration, tuition or accession to an organization or professional college, in the words provided for in this Article.

2. A copy of the prior declaration and, where appropriate, of the renewal, as provided for in the previous Article, shall be forwarded by the competent authority to the appropriate collegial organisation. The referral of such documentation by the competent authority shall constitute, for these purposes, an automatic temporary registration, and shall entail the submission of the person concerned to the disciplinary provisions in force. Where that authority understands that the requirements laid down in Article 12 (3) are not met, it shall inform the person concerned, by means of a reasoned decision, of the impossibility of verifying the provision of services. This resolution shall be communicated to the relevant collegial organisation.

3. In the case of professions related to public health and safety referred to in Article 15, or which benefit from automatic recognition under the provisions of Chapters II, III and IV of Title III, the authority the competent authority shall send a copy of the documents related to Article 13.3 to the relevant collegial organisation.

4. The registration in a body of public social security shall not be required in order to settle the accounts relating to the activities carried out for the benefit of insured persons with an insurance body. However, the service provider shall inform that body in advance or, in the event of urgency, of its provision of services.

Article 15. Prior verification in professions that have implications for public health or safety.

1. The Spanish competent authority may, in accordance with Article 13 (4), carry out a verification of the professional qualification of the provider prior to the first provision of services.

Such verification shall be possible only where the object is to prevent serious damage to the health or safety of the recipients of the service, as a result of the lack of professional qualifications of the service provider. service, and may not exceed what is necessary for this purpose.

2. The competent authority shall have a maximum period of one month from the receipt of the declaration and the documents referred to in Article 13 (3), in order to resolve the application for authorisation of the provision of services or after have verified their professional qualifications to require the service provider to pass an aptitude test, in accordance with the provisions set out in the following paragraph.

The resolution to be delivered shall be notified to the person concerned and, where appropriate, to the relevant collegial organisation.

3. In cases where the existence of a substantial difference between the professional qualifications of the service provider and the training required in Spain is assessed as a result of the prior verification, to the extent that this difference is such that it may be harmful to public health or safety and cannot be compensated by the professional experience of the service provider or by the knowledge, skills and competences acquired through lifelong learning, formally validated for this purpose by a competent body, the Spanish authorities shall offer the service provider the ability to demonstrate, by means of an aptitude test, that it has acquired the knowledge, skills or competences that it lacked.

4. The aptitude test referred to in the preceding paragraph shall be capable of being carried out, and its result shall be known, within a maximum of one month after the adoption of the decision referred to in paragraph 2. The competent authority shall take the following steps: the decision whether or not to authorise the provision of services. If so, the service shall be able to be provided within the month following the decision taken.

5. Where the competent authority does not issue a decision within the time limits laid down in the preceding paragraphs, the person concerned may start the provision of services. In this case, the competent authority must inform the relevant collegial organisation in cases of professions of compulsory tuition, by sending a copy of the declaration.

6. In the case where the provision of services has been authorised after an aptitude test has been exceeded, it shall be carried out under the Spanish professional title.

7. Where a difficulty arises which may cause a delay in the adoption of the decision referred to in paragraph 2 above, the competent authority shall notify the service provider within the same time limit of the reason for the delay. The difficulty shall be resolved within one month of the notification and the decision shall be taken no later than two months after the decision on the difficulty.

Article 16. Administrative cooperation.

1. The competent authorities of Spain may request the competent authorities of the Member State of establishment from which the provider comes, in the event of justified doubts, any relevant information relating to the legality of the the establishment and good conduct of the service provider, in particular as regards the absence of a disciplinary or criminal penalty of a professional nature.

If the Spanish competent authorities decide to check the professional qualifications of the service provider, they may ask the competent authorities of the Member State of establishment for information on the training followed by the service provider to the extent necessary to assess any substantial differences which may be harmful to public health or safety. The competent authorities of the Member State of establishment shall communicate this information in accordance with Article 76. In the case of non-regulated professions in the home Member State, the assistance centres referred to in Article 80 may also provide such information.

2. The competent authority shall ensure the exchange of information necessary for the processing of complaints submitted by the recipients of services against their providers. The recipients of the claim result will be informed.

Article 17. Supplemental character information for service recipients.

In the cases provided for in the preceding Articles, in which the provision of services is carried out under the professional title of the Member State of establishment or with the training of the provider, in addition to the information provided by Community legislation, the service provider shall provide the recipient of the service, if requested, with the following information:

(a) In cases where the provider is registered in a business register or other similar public register, the name of such registration and the assigned registration number, or, failing that, any means of identification used by the registry.

(b) Where the activity is subject to an authorisation regime in the Member State of establishment, the data of the supervisory authority competent to grant it.

(c) The professional or similar body in which the provider is registered.

(d) The professional title, or where it does not exist, the training title of the provider and the Member State of the European Union in which it was obtained.

e) In the event that the provider exercises an activity subject to the Value Added Tax, the identification number referred to in Article 22 (1) of the Sixth Council Directive 77 /388/EEC of 17 May 1977 in harmonization of the laws of the Member States relating to turnover taxes-Common system of value added tax: uniform basis of assessment.

(f) Insurance guarantees or similar means of personal or collective protection that you have to cover your professional responsibility.

TITLE III

Establishment Freedom

CHAPTER I

General Training Title Recognition Regime

Article 18. Scope of application.

1. The provisions of this Chapter shall apply to professions which are not covered by Chapters II, III and IV of this Title, as well as to those cases referred to in the following paragraph, in which the applicant does not meet, for particular and exceptional reasons, the conditions laid down in those chapters.

2. The special and exceptional circumstances referred to in the previous paragraph include:

(a) professionals intending to establish themselves under one of the activities set out in Annex II, where they do not meet the requirements of a professional and effective practice in the terms laid down in the Articles 26, 27 and 28.

(b) Without prejudice to Chapter III of this Title, doctors with basic training, medical specialists, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and architects, where they do not comply with the requirement to have developed an effective and valid professional practice, in the terms referred to in Articles 30, 32, 33, 34, 38, 43 to 45, 48, 49, 51, 55 to 58, and 65.

(c) To architects, when they hold a training certificate which is not listed in point 5.7 of Annex III.

(d) By way of derogation from Article 29.1 and Articles 30 to 34 and 38, to doctors, nurses or pharmacists holding training qualifications as a specialist and who must have followed a training course to obtain one of the following: the titles listed in Annex III, points 5.1.1, 5.2.2 and 5.6.2, to the sole recognition effects of the relevant specialty.

e) To specialist nurses without general care training.

f) To professionals who meet the requirements set out in point (b) of Article 4.13.

Article 19. Levels of professional qualification.

For the purposes of the application of Article 21 and Article 22 (7), professional qualifications are grouped together at the levels set out below.

1. Certificate of competence. It is that issued by the competent authority of a Member State of origin, in accordance with the laws, regulations or administrative provisions of that State, which sanctions:

(a) A training which is not part of a diploma or certificate, as defined in paragraphs 2, 3, 4 and 5 of this Article, either a specific examination without prior training or the exercise of a profession on time completed for three consecutive years or for a period equivalent to part time over the course of the last ten years.

b) The acquisition of a general education corresponding to a level of primary or secondary education that accredits the possession of general knowledge.

2. Certificate issued by the competent authority of a Member State certifying that a cycle of secondary studies has been exceeded. The secondary school certificate can accredit:

(a) A cycle of a general nature supplemented by a course of studies or vocational training other than those provided for in paragraph 3 of this Article and/or with a period of professional practice or practice where this is In addition to such a course of study.

b) A cycle of technical or professional character, supplemented, where appropriate, by a course of studies or vocational training other than those covered by paragraph 3 of this Article and/or with a period of practice or practice professional, in addition to such a course of study, where required.

3. Title issued by a competent authority of a Member State certifying:

(a) Overcoming a cycle of post-secondary studies, of a minimum duration of one year, other than those referred to in paragraphs 4 and 5, or of an equivalent duration in the case of studies followed on a part-time basis; and provided that one of the conditions of access to that title is that the secondary course of study required to access university or higher education, or equivalent secondary level training, as well as training is completed; professional required in your case in addition to the cycle of post-secondary studies.

(b) regulated training or, in the case of regulated professions, a vocational training of a particular structure, with powers which go beyond the provisions of paragraph 2, equivalent to the level of training indicated in point (a), if this training confers a comparable professional level and prepares a comparable level of responsibilities and functions, provided that the certificate is accompanied by a certificate from the home Member State.

4. A certificate certifying that the holder has successfully completed a post-secondary education level of at least three years and not more than four years, or of a part-time equivalent duration, which may also be expressed in an equivalent number of ECTS credits, dispensed at a university or higher education institution or other equivalent level centre, and, where appropriate, that has successfully completed the required vocational training in addition to the course of study postsecondary.

5. A certificate certifying that the holder has successfully completed a cycle of post-secondary studies of a minimum duration of four years, or of a part-time equivalent duration, which may also be expressed in an equivalent number of ECTS credits, in a university or higher education institution or other equivalent level centre, and, where appropriate, that it has successfully completed the vocational training required in addition to the cycle of post-secondary studies.

Article 20. Equated formations.

1. Training qualifications which show that the training described in the previous article, including the corresponding level, are exceeded, are equivalent to those of training qualifications or sets of training certificates issued by a Member State. competent authority in a Member State, on the basis of full-time or part-time training, in the framework of official programmes or not, provided that they sanction a complete training acquired in the European Union, recognised by that Member State as an equivalent level, and that it grants the same access rights to a occupation, or to his or her financial year, or to prepare for the pursuit of that profession.

2. A training certificate, on the same terms as those referred to in the preceding paragraph, shall be equated with all professional qualifications which, even without satisfying the requirements laid down by law, regulations or administrative provisions of the Member State of origin for access to or pursuit of a profession, shall confer on the holder the rights acquired under those provisions.

3. The provisions of the preceding paragraph shall apply, in particular, to the fact that the Member State of origin raises the level of training required for admission to a profession and to the exercise of such training, in the case of persons who have received a prior training which does not meet the requirements of the new qualification and benefits from rights acquired under national laws, regulations or administrative provisions. In such cases, for the purposes of applying the provisions of the following Article on conditions for recognition, the prior training of the applicant shall be deemed to correspond to the level of the new training.

Article 21. Conditions for recognition.

1. In the case of regulated professions in Spain, whose access and exercise are subject to the possession of certain professional qualifications, the Spanish competent authority shall grant access to that profession and its financial year, the same conditions as for Spaniards, applicants who hold the certificate of competence or training certificate referred to in Article 19 required by another Member State to have access to the same profession on their territory or to pursue it in the same.

Such certificates of competence or evidence of formal qualifications must have been issued by a competent authority of a Member State, designated in accordance with the laws, regulations or administrative provisions of that Member State. Status.

2. Access to and pursuit of the profession, as referred to in the preceding paragraph, shall also be granted to applicants who have exercised full-time the profession referred to in that paragraph for one year or at a time during a period equivalent to, during the last 10 years, in another Member State in which the profession is not regulated, provided that it is in possession of one or more certificates of competence or one or more of the following: training certificates issued by another Member State which does not regulate this profession.

Such certificates of competence or evidence of formal qualifications must have been issued by a competent authority of a Member State, designated in accordance with the laws, regulations or administrative provisions of that Member State. State and shall certify the preparation of the holder for the exercise of the relevant profession.

However, the above mentioned professional experience of one year cannot be required if the training degree possessed by the applicant certifies regulated training.

3. The competent authorities shall accept the level certified by the Member State of origin in accordance with Article 19 and the document by which the Member State of origin certifies that regulated training or vocational training 'special structure' referred to in Article 19.3.b. is equivalent to the level laid down in Article 19.3 (a).

4. By way of derogation from paragraphs 1 and 2 of this Article and in Article 22, the Spanish competent authority may refuse access to the profession and its exercise to the holder of a certificate of competence classified in accordance with the Article 19 (1), where the professional qualification required in Spain to pursue the profession is classified in accordance with Article 19.5.

Article 22. Compensatory measures.

1. By way of derogation from the foregoing Article, the Spanish competent authority may require the applicant to carry out a period of practice of up to three years or to undergo an aptitude test in any of the following cases:

(a) Where the training, accredited by the training title presented, received by the applicant corresponds to matters substantially different from those covered by the training degree required in Spain.

(b) The regulated profession in Spain covers one or more regulated professional activities which do not exist in the relevant profession in the applicant's home Member State, and such a difference is characterised by a specific training required in Spain which extends to matters substantially different from those covered by the certificate attesting to the applicant's competence or qualification.

2. Where the Spanish competent authority opts for the requirement of the possibilities referred to in paragraph 1, it shall be for the applicant to choose between the period of practice and the aptitude test.

If the Spanish competent authority considers that, for a given profession, it is necessary to derogate from the choice of the applicant provided for in the first subparagraph of this paragraph, communicate to the coordinator referred to in Article 76, which shall urge the Permanent Representation of Spain to the European Union to inform the other Member States and the Commission thereof, duly justifying this proposal for a exception.

Within three months of receipt of the information by the Commission, the Commission may adopt an implementing act whereby Spain shall request that Spain refrain from taking the measure provided for, in the event that it considers that the derogation referred to in the preceding paragraph is not relevant or does not comply with Union law. If the Commission has not taken a decision within the said period of three months, the derogation may apply.

3. By way of derogation from the first subparagraph of paragraph 1, it shall be for the Spanish competent authority to prescribe either a traineeship or an aptitude test in those professions whose exercise requires knowledge. Spain's positive law, and in which, in the performance of its activities, it is an essential and constant element to issue opinions, advice or assistance on Spanish positive law. In Spain, those professions are those listed in Annex VI.

The provisions of the preceding paragraph shall also apply to the cases referred to in Article 18.2 (b), (c), (e) and (f), as well as to point (d) in the case of doctors.

In the cases referred to in Article 18 (2) (a), the Spanish competent authority may require a period of practice or an aptitude test, where the applicant intends to pursue professional activities, by own account or as a manager of a company, requiring the knowledge and application of specific Spanish provisions in force, provided that the knowledge and application of these rules for access are required for nationals in Spain to such activities.

Where the professions of Advocate and Procurator are intended to be exercised, the applicant shall in any event exceed an aptitude test.

4. Notwithstanding the principle of the right of the applicant to choose, provided for in paragraph 2, the Spanish authorities may provide for a period of practice or an aptitude test in the case of:

(a) Holder of a certificate attesting to a professional qualification referred to in Article 19.1, requesting recognition of his professional qualifications when the professional qualification required in Spain is classified in accordance with Article 19.3, or

(b) holder of a certificate certifying the professional qualification referred to in Article 19.2, who applies for recognition of his professional qualifications when the professional qualification required in Spain is classified in accordance with Article 19.4 or 5.

In the case of the holder of a certificate certifying a professional qualification referred to in Article 19.1, applying for recognition of his professional qualifications when the required professional qualification in Spain, the Spanish authorities may impose both a period of practice and an aptitude test in accordance with Article 19 (4).

5. For the purposes of paragraphs 1 and 6, 'substantially different matters' means matters in respect of which the knowledge, skills and competences acquired are essential for the pursuit of the profession and in relation to which the training received by the applicant presents significant differences in terms of content with respect to the training required in Spain.

6. The competent authority shall, before imposing the compensatory measures referred to in paragraph 1, verify, in application of the principle of proportionality, whether the knowledge, skills and competences acquired by the applicant to the length of their professional experience in a Member State or in a third country may, in whole or in part, close the substantially different materials referred to in the previous paragraph.

7. The decision to require a traineeship or an aptitude test shall be duly justified. In particular, the applicant shall be provided with the following information:

(a) The level of professional qualification required in Spain and the level of professional qualification the applicant has in accordance with the classification laid down in Article 19

and

(b) The substantially different matters referred to in paragraph 5 and the reasons why these differences cannot be compensated by the knowledge, skills and competences acquired during the course of the experience professional or lifelong learning, formally validated for this purpose by a competent body.

8. The competent authorities shall take the necessary measures to enable applicants to carry out the aptitude test within a maximum period of six months following the initial decision imposing the completion of the test. test.

Article 23. Aptitude test.

1. The aptitude test referred to in the previous Article shall be carried out in accordance with the general criteria dictated to this effect by the appropriate competent authority.

2. For the purpose of carrying out the aptitude test, the competent authority shall compare the training required in Spain and the certificate or certificate provided by the applicant and establish a list of the materials which are not covered by the diploma or other evidence of formal qualifications held by the applicant, and whose knowledge is an essential condition for exercising the profession in Spain, on which the test must be carried out. The aptitude test shall take into account the fact that the applicant is a qualified professional in the Member State of origin or the Member State of provenance.

3. The result of the test shall be assessed by an evaluation committee whose composition and functioning criteria shall also be determined by the competent authority.

Article 24. Period of practice.

1. The traineeship shall be developed in accordance with a programme whose modalities, duration and evaluation criteria shall be determined by the competent authority for access to the regulated profession.

2. During the traineeship period, health care shall be ensured by the National Health System where the professional is a holder or a beneficiary in his/her own country of the relevant social security system, thereby applying the Council Regulation (EEC) No 1612/68 of 15 October 1968 on the free movement of workers within the Community, Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of the provisions of the Treaty establishing the European Community the social security schemes for employed persons and their families who are (a) the movement within the Community and the Council Regulation (EC) No 574/72 of 21 March 1972 laying down detailed rules for the application of the former.

3. Where the public health system does not apply in the period of practice, the relevant professional corporation shall take appropriate measures to enable the person concerned to access the health care to which he or she is entitled the associated or collegiate under similar conditions. Similarly, the professional applicant must, before the start of the traineeship, take out an accident policy with the corresponding professional mutual benefit or, failing that, with an insurance institution.

4. The person concerned may receive remuneration during the period of practice, as appropriate to the nature of his activity and to the legal relationship established.

CHAPTER II

Recognition of professional qualifications based on professional experience acquired in another Member State

Article 25. Requirements relating to professional experience.

Where access to one of the activities listed in Annex II or its exercise is subject to the possession of general, commercial or professional knowledge and skills, the competent authorities shall recognise as evidence sufficient of such knowledge and skills the prior effective exercise of the activity in question in another Member State of the European Union, provided that such exercise has been developed in accordance with Articles 26, 27 and 28.

Article 26. Activities referred to in Schedule I of Annex II.

1. For access to the activities listed in Schedule I of Annex II, the prior exercise of the activity in question must have been carried out:

a) Well for six consecutive years on a self-employed basis or as a company manager.

(b) For three consecutive years on a self-employed basis or as a manager of an undertaking, where the person concerned proves that he has received, for the activity concerned, a prior training of at least three years, sanctioned by a certificate recognised by the Member State concerned or declared to be fully valid by a competent professional body.

(c) For four consecutive years on a self-employed basis or as a manager of an undertaking, where the person concerned proves that he has received at least two years ' prior training for the activity concerned, sanctioned by a certificate recognised by the Member State concerned or declared to be fully valid by a competent professional body.

(d) For three consecutive years on a self-employed basis, where the person concerned shows that he has employed the activity concerned for at least five years.

e) Well for five consecutive years in a managerial position, of which at least three years have been dedicated to technical functions, with responsibility for at least one department of the company, provided that the person (a) to prove that it has received, for the activity concerned, a previous training of at least three years, attested by a certificate recognised by the Member State of the European Union in question or declared to be fully valid by a competent professional body.

2. In the cases referred to in points (a) and (d), more than 10 years shall not have elapsed between the date of termination of the activity and the date of submission of the application to the competent authorities.

3. Paragraph 1 (e) shall not apply to the activities of the group ex 855, "Peluqueries", of the CITI nomenclature.

Article 27. Activities referred to in Schedule II of Annex II.

1. For access to the activities listed in Schedule II of Annex II, the prior exercise of the activity in question must have been carried out:

a) Well for five consecutive years on a self-employed basis or as a company manager.

(b) For three consecutive years on a self-employed basis or as a manager of a company, provided that the person concerned proves that he has received at least three years ' prior training for the activity concerned, sanctioned by a certificate recognised by a Member State or declared to be fully valid by a competent professional body.

(c) For four consecutive years on a self-employed basis or as a manager of a company, provided that the person concerned proves that he has received at least two years ' prior training for the activity concerned, sanctioned by a certificate recognised by a Member State or declared to be fully valid by a competent professional body.

d) For three consecutive years on a self-employed basis or as a manager of a company, where the person concerned proves that he has employed the activity concerned for at least five years.

(e) For five consecutive years for an employed person, where the person concerned proves that he has received, for the activity concerned, a previous training of at least three years, as attested by a recognised certificate. by a Member State or declared to be fully valid by a competent professional body.

(f) For six consecutive years on an employed basis, where the person concerned proves that he has received, for the activity in question, a previous training of at least two years, as attested by a certificate recognised by the Member State or declared fully valid by a competent professional body.

2. In the cases referred to in points (a) and (d), more than 10 years shall not have elapsed between the date of termination of the activity and the date of submission of the application to the competent authorities.

Article 28. Activities referred to in Schedule III of Annex II.

1. For access to the activities listed in Annex II, list III, the prior exercise of the activity in question must have been carried out:

a) Well for three consecutive years on a self-employed basis or as a company manager.

(b) For two consecutive years on a self-employed basis or as a manager of a company, where the person concerned proves that he has received, for the activity concerned, prior training sanctioned by a certificate recognised by the Member State or declared to be fully valid by a competent professional body.

(c) For two consecutive years on a self-employed basis or as a manager of a company, where the person concerned proves that he has employed the activity in question for at least three years.

(d) For three consecutive years on an employed basis, where the person concerned proves that he has received, for the activity concerned, prior training sanctioned by a certificate recognised by the Member State or declared fully valid by a competent professional body.

2. In the cases referred to in points (a) and (c), no more than ten years shall not have elapsed between the date of termination of the professional activity and the date of the filing of the application.

CHAPTER III

Recognition based on coordination of minimum training conditions

Section 1. General Provisions

Article 29. Automatic recognition of professional qualifications. General framework.

1. The Spanish competent authority shall recognise evidence of formal qualifications as a doctor, a specialist doctor, a nurse responsible for general care, a dental practitioner, a veterinarian, a pharmacist and an architect, respectively, in points 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.4.2, 5.6.2 and 5.7.1 of Annex III, provided that they meet the minimum training conditions laid down in Articles 35, 36, 42, 46, 50, 59 and 61. Recognition for access to and pursuit of such professional activities shall have the same effects as those conferred on training certificates issued in Spain.

Training certificates must have been issued by a competent authority of a Member State and, where appropriate, must be accompanied by a certificate in accordance with the provisions of paragraphs 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.4.2, 5.6.2 and 5.7.1 of Annex III.

The provisions of the above two paragraphs shall be without prejudice to the acquired rights referred to in Articles 30 to 34, 38, 40, 43 to 45, 48, 49, 51 and 65.

2. For the exercise and performance of the National Health System family medical places, regulated by the Royal Decrees 3303/1978 of 29 December, and 1753/1998 of 31 July, the training titles cited in the 5.1.4 of Annex III issued to nationals of Member States in accordance with the minimum training conditions laid down in Article 39.

The provisions of the foregoing paragraph are without prejudice to the acquired rights referred to in Article 41.

3. The Spanish competent authority shall recognise certificates for the formation of midwives issued to nationals of Member States by the other Member States, as referred to in Annex III, point 5.5.2, provided that they are in accordance with the conditions laid down in Annex III. (a) minimum training provided for in Article 52 and shall comply with one of the procedures laid down in Article 53. Recognition for access to professional activities and their exercise will have the same effect as training certificates issued in Spain. All this without prejudice to the acquired rights referred to in Articles 30 to 34, and 55 to 58.

4. The titles of architect training listed in point 5.7.1 of Annex III may be subject to automatic recognition only, in accordance with paragraph 1, if they are in response to a training which has been initiated from the course of the course the reference academic referred to in that Annex.

5. The competent Spanish authorities shall make access to the professional activities of a doctor, a nurse responsible for general care, a dentist, a veterinarian, a midwife and a pharmacist, and their exercise, subject to the possession of a training certificate. referred to in points 5.1.1, 5.1.2, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 and 5.6.2 of Annex III respectively, which shows that the professional in question has acquired, during the total period of their training, knowledge, skills and powers, as appropriate, referred to in Article 35 (3) of the Article Article 42 (6), Article 42 (7), Article 46 (3), Article 50 (3), Article 52 (3) and Article 59 (3).

Article 30. General provisions on acquired rights.

1. Without prejudice to the rights acquired specific to the professions concerned, in cases where the evidence of formal qualifications of the doctor giving access to the professional activities of a doctor with basic training and specialist medical training, Nurse responsible for general care, dental practitioner, veterinary surgeon, midwife and pharmacist, who are nationals of the Member States, do not respond to all the training requirements referred to in Articles 35, 36, 42, 46, 50, 52 and 59 shall be recognised by the competent authority as sufficient evidence of training issued by those Member States where the following requirements are met:

(a) that such evidence is punishable by a training initiated before the reference dates set out in paragraphs 5.1.1, 5.1.2, 5.2.2, 5.3.2, 5.4.2, 5.5.2 and 5.6.2 of Annex III.

(b) that these securities are accompanied by a certificate stating that the holder has effectively and lawfully dedicated himself to the activities in question for at least three consecutive years in the course of the five years prior to the issue of certification.

2. The competent authority shall recognise as sufficient evidence for nationals of Member States whose qualifications as a doctor, nurse responsible for general care, dental practitioners, veterinary surgeons, midwives and pharmacists do not respond to the Names set out for those Member States in points 5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.4.2, 5.5.2 and 5.6.2 of Annex III, the training certificates issued by those Member States, accompanied by a certificate, issued by the competent authorities or bodies, in which it is established that such securities Training is awarded in accordance with Articles 35, 36, 42, 46, 50, 52 and 59 respectively and is assimilated by the Member State which issued them to those whose names are listed in points 5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.4.2, 5.5.2 and 5.6.2 of Annex III.

3. Where appropriate, the Spanish competent authority shall issue the certificate provided for in Article 23 (6) of Directive 2005 /36/EC to the holders of Spanish qualifications as a doctor, a nurse responsible for general care, a dental practitioner, veterinary, matron and pharmaceutical products, which do not comply with the names laid down for Spain in points 5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.4.2, 5.5.2 and 5.6.2 of Annex III, stating that such securities are awarded a training in accordance with Articles 35, 36, 42, 46, 50, 52 and 59 respectively and are treated as Spain by those whose names are listed in that Annex III.

When the holders of the qualifications referred to in the preceding paragraph of this paragraph have to prove, in order to be able to establish themselves in another Member State, the effective and lawful exercise of the profession, the authority the competent authority shall issue the accreditation on the basis of the certificates issued by the relevant collegial organisation, in the case of free or self-employed exercise in the private sector, or of the administrative body concerned, in the case of of professional practice in the public sector.

Article 31. Rights acquired in the former German Democratic Republic.

The same acquired rights as provided for in point 1 of the previous Article shall be recognised for applicants who are in possession of a diploma obtained in the former German Democratic Republic which does not comply with all the minimum training requirements as set out in Articles 35, 36, 42, 46, 50, 52 and 59 in the event of such evidence being awarded prior to the following dates:

(a) On 3 October 1990, for doctors with basic training, nurses responsible for general care, dental practitioners with basic training, veterinary surgeons, midwives and pharmacists.

b) On April 3, 1992, for medical specialists.

Article 32. Rights acquired in the former Czechoslovakia, the Czech Republic and the Slovak Republic.

By way of derogation from Article 48, the competent authority shall recognise evidence of formal qualifications as a doctor giving access to the professional activities of a doctor with basic training and a specialist medical practitioner responsible for general care, veterinary, matron, pharmacist and architect who have nationals of the Member States and who have been issued in the former Czechoslovakia, or whose training has begun, as far as they are concerned to the Czech Republic and the Slovak Republic, before 1 January 1993, if the following conditions are met: requirements:

(a) The authorities of the Czech Republic or the Slovak Republic attest to the fact that such training certificates have the same legal validity in their territories as the training certificates which they issue and, for the purposes of architects, which the training qualifications listed for those Member States in point 6 of Annex IV, as regards access to the professional activities of a doctor with basic training, specialist doctor, nurse responsible for General care, veterinary surgeon, midwife and pharmacist as regards the activities referred to in Article 60.2 and as an architect for the activities referred to in Article 63, and for the pursuit of such activities.

(b) The applicant is in possession of a certificate, issued by the competent authority of any of the two States, certifying a professional experience of at least three consecutive years during the five years prior to their issue, in the activities of the regulated profession.

Article 33. Rights acquired in the former Soviet Union, Estonia, Latvia and Lithuania.

1. The competent authority shall recognise, provided that the requirements laid down in the following paragraph are met, the evidence of formal qualifications of the doctor giving access to the professional activities of a doctor with basic training and specialist medical training. Nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, pharmacist and architect who hold nationals of the Member States of the European Union and who have been issued in the former Soviet Union, or whose training would have started:

(a) As far as Estonia is concerned, before 20 August 1991.

(b) As far as Latvia is concerned, before 21 August 1991.

(c) As regards Lithuania, before 11 March 1990.

2. The recognition referred to in the preceding paragraph shall occur if the following requirements are met:

(a) That the authorities of Estonia, Latvia or Lithuania attest to the fact that such training certificates have the same legal validity in their territories as the training certificates which they issue and, for architects, which the titles listed in point 6 of Annex IV, as regards access to the professional activities of a doctor with basic training, a specialist doctor, a nurse responsible for general care, a dental practitioner, a veterinarian, a midwife and (a) the pharmaceutical industry, as regards the activities referred to in Article 60.2, and the architect for the activities referred to in Article 63, and the exercise thereof.

b) the applicant is in possession of a certificate, issued by the competent authority of any of the said States, stating that he has effectively and lawfully exercised the activities of the applicant in his territory; for at least three consecutive years in the course of the five years preceding the date of issue of the certificate.

3. For certificates of veterinary training issued in the former Soviet Union or whose training has begun, in respect of Estonia, the certificate referred to in point (b) of the preceding paragraph shall be issued before 20 August 1991. must be issued by the Estonian authorities and prove that the applicant has effectively and lawfully exercised the activities of the veterinary profession on its territory for at least five consecutive years in the course of the seven years prior to the date of issue of the certificate.

Article 34. Rights acquired in the former Yugoslavia.

The competent authority shall recognise evidence of formal qualifications as a doctor giving access to the professional activities of a doctor with basic training and a specialist doctor, a nurse responsible for general care, a dental practitioner, of a veterinarian, a midwife, a pharmacist and an architect holding nationals of Member States who have been issued in the former Yugoslavia, or whose training has begun, as far as Slovenia is concerned, before 25 June 1991, if the following requirements are met:

(a) The competent authority of Slovenia of faith that such evidence of formal qualifications has the same legal validity on its territory as the evidence of formal qualifications issued and, for the architects, the titles listed in the Point 6 of Annex IV to Slovenia, with regard to access to professional medical activities with basic training, specialist doctor, nurse responsible for general care, dental practitioner, veterinary surgeon, midwife and pharmacist with regard to the activities referred to in Article 60.2 and the architect for the activities referred to in Article 63, and the exercise thereof.

(b) the applicant is in possession of a certificate, issued by the competent authority of Slovenia, stating that he has effectively and lawfully exercised the activities in question on his territory for at least three consecutive years in the course of the five years preceding the date of issue of the certificate.

Section 2

Article 35. Basic training in Medicine.

1. In Spain, the basic training of the doctor is the one leading to the obtaining of the official university degree of Bachelor of Medicine, established by Royal Decree 1417/1990, of 26 October, or to obtain the degree of degree established by agreement with the forecasts contained in Order ECI/332/2008 of 13 February, in accordance with the terms of the Council of Ministers Agreement of 14 December 2007. These certificates allow the exercise of the professional activities referred to in Article 6.2.a) of Law 44/2003 of 21 November of the management of the health professions.

2. For their recognition in Spain, for the purposes of access to medical professional activities, the evidence of formal qualifications referred to in Article 29.1 shall provide evidence of a training which meets the requirements set out in the following paragraphs:

a) Be in possession of the title that allows access to university studies.

b) Basic medical training shall comprise, in total, at least five years of study, which may also be expressed in equivalent ECTS credits, and shall consist of at least 5,500 hours of theoretical and practical teaching in a university or under the control of a university.

For professionals who have started their studies before 1 January 1972, the training referred to in point (b) may include a practical training of six months ' university level, carried out on a full-time basis. under the control of the competent authorities.

3. Basic medical training shall ensure that the applicant has acquired the following professional knowledge and skills:

(a) An adequate knowledge of the sciences on which medicine is based, as well as a good understanding of scientific methods, including the principles of measurement of biological functions, of assessment of facts scientifically proven and data analysis.

b) An adequate knowledge of the structure, functions, and behavior of human beings, healthy and sick, as well as the relationships between the health status of the human being and its physical and social environment.

c) An adequate knowledge of the subjects and clinical practices that provide a coherent vision of mental and physical illnesses, of medicine in its preventive, diagnostic and therapeutic aspects, as well as human reproduction.

d) An adequate clinical experience acquired in hospitals and primary care facilities under the appropriate supervision.

Article 36. Specialised medical training.

1. The medical training specialized in Spain is provided for in Chapter III of Title II of Law 44/2003, of 21 November, of management of the health professions, and is regulated in Royal Decree 183/2008, of February 8, for which Health Sciences specialties are determined and classified and certain aspects of the specialized health training system are developed.

2. Admission to the training of a specialist doctor shall be subject to, in addition to the general legal requirements laid down, the conclusion and the validation of a basic medical training programme referred to in Article 35 in the the course of which adequate basic knowledge of medicine must have been acquired.

3. For the purposes of recognition in Spain, for the purposes of the professional activities of a medical specialist, the evidence of formal qualifications referred to in Article 29.1 shall provide proof of training which meets the following requirements:

(a) Be subject to exceeding five years of study, or 5,500 hours of theoretical and practical teaching according to the basic training of the physician regulated in the previous article.

(b) Understand a theoretical and practical teaching, conducted in a university centre, a teaching hospital or, where appropriate, a health centre accredited for that purpose by the competent authorities or bodies; training has been carried out under the control of the competent authorities or bodies; and that the personal participation of the candidate doctor has been involved in the activity and responsibilities of the services concerned.

(c) The minimum duration of the training shall be that referred to for each specialty in Annex III, paragraph 5.1.3.

(d) that the training has been completed in full time in specific centres recognised by the competent authorities. This training should involve participation in all the medical activities of the department where the training is carried out, including the guards, so that the training specialist has dedicated to this practical and theoretical training. all professional activity throughout the working week and throughout the year, in accordance with the rules laid down by the competent authorities. Accordingly, those posts will be subject to appropriate remuneration.

4. In the case of the recognition in Spain of partial training courses for a medical specialty for having acquired it through the training provided in another, the provisions contained in the Order of 18 June 1993 will apply, recognition of previous training periods for resident doctors and pharmacists.

In any case, the training clinics derived from the troncal training system may not exceed half the minimum duration of the training laid down for each specialty in Annex III, point 5.1.3 of the Directive. 2005 /36/EC of 7 September.

Article 37. Names of specialised medical training courses.

The evidence of formal qualifications of the specialist doctor referred to in Article 29.1 is those which, for the specialised training of the competent authority referred to in Annex V, paragraph 5.1.2, correspond to the names listed in paragraph 5.1.3 of Annex III are treated.

Article 38. Acquired rights specific to specialist doctors and Italian medical specialists.

1. The Spanish competent authority shall require specialists from the other Member States, whose specialised medical training on a part-time basis is governed by the existing laws, regulations and administrative provisions of 20 June 1975, and having begun their training as a specialist by 31 December 1983 at the latest, that their evidence of formal qualifications is accompanied by a certificate stating that they have been effectively and lawfully dedicated to the activities in question for at least three consecutive years over the five years prior to the issue of certification.

2. The competent Spanish authorities shall recognise the qualifications of specialist doctors issued in Italy, and listed in Annex III, points 5.1.2 and 5.1.3, to doctors who have started their training as a specialist after 31 December 1983 and before 1 January 1991, even if the training in question does not fulfil all the training requirements laid down in Article 36, if the certificate is accompanied by a certificate issued by the competent Italian authorities in which the training it is stated that the doctor in question has effectively exercised in Italy and the activities of medical specialist in the same specialty concerned for at least 10 consecutive years during the ten years preceding the award of the certificate.

Article 39. Specific training in general medicine.

1. The specific training in general medicine, in Spain, leads to the obtaining of the degree of Medical Specialist in Family and Community Medicine, regulated by the Royal Decrees 3303/1978, of 29 December, 1753/1998, of July 31, and 183/2008, dated February 8.

2. For their recognition, for the purposes of access to the professional activities of a family doctor in Spain, the training leading to the attainment of the qualifications referred to in Article 29.1 shall meet the requirements laid down in the The following sections:

(a) Be subject to the improvement of five years of studies in the framework of the training cycle referred to in Article 35 of this royal decree.

(b) Specific training in general medical practice which permits the obtaining of evidence of formal qualifications shall at least have the duration laid down in Article 28 (2) of Directive 2005 /36/EC.

(c) Where the training cycle referred to in Article 35 includes practical training provided in an approved hospital environment with appropriate equipment and services in general or in the framework of a general medical The duration of this practical training may be included, with the limit of one year, in the duration provided for in the first paragraph of the training certificates, the duration of this practical training may be included, with the limit of one year, issued as from 1 January 2006. This power shall be recognised only in the Member States where the duration of the specific training in general medicine is two years on 1 January 2001.

d) Specific training in general medical practice must have been completed in full time under the control of the competent authorities or bodies and with a more practical than theoretical character.

(e) Practical training must have been provided, on the one hand, for at least six months in a recognised hospital with the appropriate equipment and services and, on the other hand, for at least six months in a General medical practice approved or in an approved primary health care facility. Practical training must have been developed in connection with other health centres or structures which are dedicated to general medicine. However, without prejudice to such periods, practical training may have been provided for a period of no more than six months in other recognised health centres or structures which are dedicated to general medicine. The training shall involve the personal participation of the candidate in the professional activity and the responsibilities of the persons with whom he works.

(f) The issue of a specific training certificate in general medical practice shall be subject to the prior possession of one of the basic medical training certificates referred to in Annex III, point 5.1.1

(g) The evidence of formal qualifications referred to in Annex III, point 5.1.4, issued by the other Member States to a doctor who has not completed the training provided for in this Article, is recognised but has another additional training sanctioned by a training certificate issued by the competent authorities of a Member State.

However, this training certificate may be issued only if it is confirmed that knowledge of a level qualitatively equivalent to those resulting from the training referred to in this Article. Member States shall determine in particular the extent to which the additional training already acquired by the applicant and his professional experience to replace the training referred to in this Article may be taken into account. Member States may only issue the training certificate referred to in Annex III, point 5.1.4, if the applicant has acquired a general medical experience of at least six months in a general medical practice or in a primary health care facility referred to in paragraph e) of this Article.

Article 40. Recognition of the professional qualification of general practitioner.

Without prejudice to the provisions on acquired rights, it is necessary, in order to carry out Family Medicine places in health centers and services integrated in the National Health System, to hold one of the following diplomas or diplomas:

(a) The title of medical specialist in family and community medicine or the certification provided for in Article 3 of Royal Decree 853/1993 of 4 June.

(b) One of the training certificates referred to in point 5.1.4 of Annex III, after recognition by the Spanish competent authority, in accordance with this royal decree.

Article 41. Acquired rights specific to general practitioners.

The Spanish competent authority shall recognise, as an acquired right, the right to pursue the activities of a family doctor within the framework of the National Health System without the training certificate referred to in point 5.1.4 of the Annex III, to all doctors who have such a right at the date of reference mentioned in that point, and who are established on that date in their territory, having benefited from the provisions of Articles 29 or 30 to 34, provided that such circumstances are accredited by a certificate issued by the competent authority of a Member State certifying the right to exercise the activities of a general practitioner in the field of its national social security scheme under the acquired rights referred to in this Article.

Section 3. Nurse responsible for general care

Article 42. Nursing training responsible for general care.

1. In Spain, the basic nursing training responsible for general care is the one that leads to the obtaining of the official university degree of Diploma in Nursing, established by Royal Decree 1466/1990, of 26 October, or to obtain the Degree established in accordance with the provisions of Order CIN/2134/2008 of 3 July 2008 under the terms of the Council of Ministers Agreement of 8 February 2008. These certificates allow the exercise of the professional activities referred to in Article 7.2.a) of Law 44/2003 of 21 November of the management of the health professions.

2. In order to be recognised, for the purposes of access to the professional activities of a nurse responsible for general care, training leading to the attainment of the qualifications referred to in Article 29 shall meet the requirements set out in Article 29. they collect in the following sections:

(a) Admission to the training of a nurse responsible for general care shall be subject to:

1. A general education training of at least 12 years of age, attested by a diploma, certificate or other certificate issued by the competent authorities or bodies of a Member State, or by a certificate certifying that the passed an admission examination of an equivalent level and which gives access to universities or higher education institutions of a level recognised as equivalent, or

2. A general education training of at least ten years, attested by a diploma, certificate or other certificate issued by the competent authorities or bodies of a Member State, or by a certificate stating that it has been passed an examination of an equivalent level of access to a professional nursing school or a professional nursing training program.

(b) The training of nurse responsible for general care shall be carried out in full time and shall cover at least the programme referred to in paragraph 5.2.1 of Annex III.

3. The nursing training responsible for general care shall comprise in total at least three years of studies, which may also be expressed in equivalent ECTS credits, representing at least 4,600 hours of theoretical and clinical training. duration of the theoretical training shall represent at least one third and that of the clinical training, at least half of the minimum duration of the training.

The competent authorities may grant partial waivers to professionals who have acquired part of this training in the framework of other training whose level is at least equivalent.

Member States shall ensure that the centre responsible for nursing training assumes the coordination between the theoretical and clinical training with respect to the whole programme of studies.

4. The part of the nursing training through which the knowledge, skills and professional skills required in accordance with paragraphs 6 and 7 are acquired shall be considered as theoretical teaching.

This training will be provided by the nursing teaching staff, as well as by other competent persons, in universities, in higher education institutions of recognized level as equivalent or in professional schools of nursing or nursing professional training programs.

5. Clinical training means the part of the nursing training through which one learns, in a team and in direct contact with a healthy or sick person and/or a community, to organize, provide and evaluate the integral care of required nursing knowledge, skills and competences acquired. The aspiring nurse will not only learn to be a member of a team, but also to lead a team and to organize comprehensive nursing care, including health education for people and small groups. people, in healthcare facilities or in the community.

This training will be provided in hospitals and other health centers, as well as in the community, under the responsibility of the teaching staff in nursing and with the cooperation and assistance of other qualified nurses. Other qualified persons may be integrated into the teaching process.

Nursing students will participate in the activities of the services in question to the extent that these activities contribute to their training and allow them to learn to assume the responsibilities that involve them. nursing care.

6. The training of a nurse responsible for general care shall ensure that the professional concerned has acquired the following knowledge and skills:

(a) Extensive knowledge of the sciences on which general nursing is based, including a sufficient understanding of the structure, physiological functions and behaviour of both healthy and sick people, and of the relationship between the health status and the physical and social environment of the human being.

b) Knowledge of the nature and ethics of the profession as well as the general principles of health and nursing.

c) Appropriate clinical experience; experience to be selected for its formative value, and will be acquired under the supervision of skilled nursing staff and in places where the number of qualified staff and teams are adequate for nursing care for the patient.

d) Ability to participate in the practical training of healthcare personnel and work experience with such staff.

e) Experience of working with members of other professions in the healthcare sector.

7. The qualifications of nurse responsible for general care shall show that the professional in question is at least able to apply the following powers, irrespective of whether the training has been acquired at a university, a level higher education institution recognised as equivalent, a vocational school or through vocational training programmes in nursing:

a) Competence to independently diagnose the nursing care necessary using the theoretical and clinical knowledge, and to program, organize and administer nursing care when treating patients on the basis of knowledge and skills acquired in accordance with points (a), (b) and (c) of paragraph 6 in order to improve professional practice.

b) Competition to collaborate effectively with other actors in the health sector, including participation in the practical training of health personnel on the basis of knowledge and skills acquired from in accordance with points (d) and (e) of paragraph 6.

c) Competition to hold people, families and groups responsible for healthy living habits and health care on the basis of knowledge and skills acquired in accordance with the paragraph 6, points (a) and (b).

d) Competition to, independently, take immediate action to sustain life and implement measures in crisis and disaster situations.

e) Competition for, independently, advice and guidance and support for people in need of care and those close to them.

f) Competence to, independently, ensure the quality of nursing care and assess them.

g) Competition to establish comprehensive professional communication and cooperate with members of other professions in the healthcare sector.

h) Competition to analyze the quality of care and improve your own professional practice as a nurse responsible for general care.

Article 43. Acquired rights specific to nurses responsible for general care.

For the purposes of recognising rights acquired from nurses responsible for general care, the activities referred to in Articles 30 to 34 must have included full responsibility for the programming, organisation and the administration of nursing care to the patient.

Article 44. Acquired rights specific to nurses responsible for general care in Poland.

1. In respect of Polish certificates of general care nurse training, only the rules on acquired rights set out in this Article shall apply.

2. Nursing degrees will be recognized as:

(a) They are issued in Poland to nurses who completed their training before 1 May 2004, who do not meet the minimum training requirements laid down in Article 42, and

(b) sanctioned by a bachelor's degree obtained on the basis of a special revaluation programme described in:

1. Article 11 of the Law of 20 April 2004 amending the Law on the professions of nurses and midwives and certain other legal acts, and in the Rules of Procedure of the Minister of Health of 11 May 2004, on the detailed conditions of the obstetrician-gynecological nursing and general nursing studies, which have a secondary school certificate (final examination/maturity) and have graduated in medical licks and medical professional schools which Provide training for nurses and midwives, or

2. Article 52.3, point 2 of the Law of 15 July 2011 on the professions of nurses and midwives, and the Regulation of the Minister of Health of 14 June 2012 on the detailed conditions of the studies of general nursing and obstetrician-gynecological nursing, who have a certificate of secondary school (final examination/maturity) and have graduated in medical licees and medical professional schools that provide the training of nurses and midwives, effects of verifying that the nurse in question has a level of knowledge and competence comparable to of the nurses held by the Polish-related titles in Annex III, point 5.2.2.

Article 45. Acquired rights specific to general care nurses entitled in Romania.

1. As regards Romanian qualifications for the training of nurse responsible for general care, only the rules on acquired rights set out below shall apply.

2. In the case of nationals of Member States who received the training of a nurse responsible for general care in Romania and whose training does not meet all the training requirements laid down in Article 42, they shall be recognised as evidence (a) the following titles of nurses responsible for general care are sufficient, provided that the certificate is accompanied by a certificate stating that the nationals of the Member States have effectively and lawfully exercised in Romania the activities of nurse responsible for general care, including the assumption of full responsibility for the planning, organisation and administration of nursing care patients for at least three consecutive years during the five years preceding the award of the certificate:

a) Certificat de competente professionale de asistent medical generalist with postsecondary teaching awarded by a scoala postliceala, who accredit that the training began before 1 January 2007.

b) Diploma of absolvire de asistent medical generalist with short-term higher education studies, which accredit that the training began before 1 October 2003.

c) Diploma of licenta de asistent medical generalist with long-term higher education studies, which accredit that the training began before 1 October 2003.

Section 4. Odontologo

Article 46. Dentistry training.

1. In Spain, the training of dental practitioners is the one leading to the obtaining of the official university degree in Dentistry, established by Royal Decree 1418/1990 of 26 October, or to obtain the degree of degree established by agreement. with the forecasts contained in Order CIN/2136/2008 of 3 July 2008, in accordance with the terms of the Council of Ministers Agreement of 8 February 2008. These titles permit the exercise of the profession of Dentist referred to in Article 6.2.c) of Law 44/2003, of 21 November, of the Management of Health Professions.

2. For recognition in Spain, for the purposes of access to the professional activities of dental practitioners, the evidence of formal qualifications referred to in Article 29 shall provide evidence of a training which meets the requirements set out in the following paragraphs:

a) Be in possession of the title that allows access to university studies.

b) To have developed in a university, in a higher institute with a recognized level as equivalent or under the control of a university.

(c) Understand, in full, at least five years of studies, which may also be expressed in equivalent ECTS credits, and which will represent at least 5,000 hours of full-time theoretical and practical training.

(d) To have training content that meets at least the programme set out in point 5.3.1 of Annex III.

3. The training of the dentist must ensure that the applicant has acquired the necessary skills to carry out all the activities related to the prevention, diagnosis and treatment of anomalies and diseases. the teeth, mouth, jaws and related tissues, and, in particular, appropriate professional knowledge and skills on the following subjects:

(a) The sciences on which dentistry is based, as well as a good understanding of scientific methods, including the principles of measurement of biological functions, the assessment of scientifically proven facts and the analysis of the data.

b) Constitution, psychology and behavior of people, both healthy and sick, as well as the influence of the natural and social environment on the health status of the human being, to the extent that these factors affect the dentistry.

c) Structure and functions of the teeth, mouth, jaws and corresponding tissues, both healthy and sick, and of the relationship between them and the general state of health and physical and social well-being of the patient.

d) Discipline and clinical methods that may give the dentist a consistent picture of the abnormalities, lesions, and diseases of the teeth, mouth, jaws, and corresponding tissues, as well as dentistry preventive, diagnostic and therapeutic.

e) Proper clinical experience, under appropriate supervision.

Article 47. Exercise of the professional activities of dental practitioners.

1. In Spain, they correspond to the dentists, who constitute a specific and differentiated profession of the physician, the functions related to the promotion of the dental health and the prevention, diagnosis and treatment mentioned in Law 10/1986, March 17, on dental practitioners and other professionals related to dental health and Law 44/2003, of 21 October, of management of the health professions. This is without prejudice to the functions of doctors who are specialists in oral and maxillofacial surgery, and to the exercise of the profession of dentist by medical specialists in stomatology, in accordance with Article 6 (2) (a) of that Law. 44/2003.

2. Admission to the training of a specialist dental practitioner shall be subject to the conclusion and validation of the basic dental training referred to in Article 46 or to the possession of the documents referred to in Articles 30 and 48.

3. The exercise of the professional activities of dental practitioners shall mean that they are in possession of a certificate of training referred to in Annex III, point 5.3.2. The holders of such training certificates shall be assigned the beneficiaries of the acquired rights recognised in Articles 30 to 35, 48 and 49.

Article 48. Acquired rights specific to dentists.

1. It is for the Spanish competent authority, for the purposes of the exercise of the profession of dental practitioner, the automatic recognition of medical training certificates issued in Italy, Austria, the Czech Republic, Slovakia and Romania, to persons which started their training as a doctor not later than the reference date set out in Annex III for each of those Member States.

2. Together with the training certificate referred to in the preceding paragraph, the applicant shall accompany a certificate issued by the competent authorities of the state concerned, which must prove that the two conditions are met. following:

(a) That the holders of the medical certificate are authorised to carry out the activities of the profession of dental practitioner under the same conditions as persons holding the training certificate set out in point 5.3.2. of Annex III for the Vending State.

(b) that the applicant has been engaged in such an effective and lawful Member State in that Member State for the activities referred to in Article 47 for at least three consecutive years in the course of the five years prior to the issue of the certificate.

3. The requirement of professional experience referred to in point (b) of the preceding paragraph shall be waived for applicants who have completed at least three courses of equivalent studies, according to the competent authority, to the basic training of odontologist.

4. Evidence of formal qualifications obtained in the former Czechoslovakia shall be recognised in the same way as Czech or Slovak training certificates and under the same conditions as those laid down in the preceding paragraphs.

5. As regards the titles of dental practitioners, Member States shall recognise such certificates in accordance with Article 29 where the applicant has already started his training on 18 January 2016.

Article 49. Acquired rights specific to dentists in Italy.

1. It is for the Spanish competent authority, for the purposes of the exercise of the profession of dental practitioner, the automatic recognition of diplomas of medical training issued in Italy to persons who have started university education between 28 January 1980 and 31 December 1984.

2. Together with the training certificate referred to in the preceding paragraph, the applicant shall accompany a certificate stating that:

(a) Exceeding the specific aptitude test organised by the competent Italian authorities in order to verify the possession of a level of knowledge and competence comparable to that of the persons holding the the training title shown for Italy in point 5.3.2 of Annex III.

(b) that the holders of the title of the doctor are authorized to exercise or effectively and lawfully exercise the activities of the profession of dental practitioner on a principal basis and under the same conditions as persons who have the title of training set out for Italy in point 5.3.2 of Annex III

(c) that the applicant person has been engaged in Italy effectively and lawfully and in the main character of the activities referred to in Article 47 during at least three consecutive years in the course of the five years prior to the issue of the certificate.

3. Applicants who have completed at least three years of equivalent studies, according to the competent authority, to basic dental training

be exempt from the requirement of the aptitude test provided for in point (a) of the preceding paragraph.

4. Persons who have started university medical training after 31 December 1984 shall be treated in the same way as those referred to in the preceding paragraph, provided that the three years of study are initiated before 31 December 1984. 1994.

Section 5.

Article 50. Basic training in veterinary medicine.

1. In Spain, the training of veterinary surgeons, which permits the exercise of the professional activities referred to in Article 6.2.d of Law 44/2003 of 21 November, of management of the health professions, is the one leading to the attainment of the Certificate of Veterinarian, established by Royal Decree 1384/1991 of 30 August, or to obtain the degree of degree established in accordance with the provisions of Order ECI/333/2008 of 13 February 2008, in accordance with the Conditions of the Council of Ministers Agreement of 14 December 2007.

2. For recognition in Spain, for the purposes of the exercise of the professional activities of the veterinary surgeons, the evidence of formal qualifications in the other Member States referred to in Article 29 shall provide evidence of a training which satisfies the requirements that are set out in the following sections.

3. The training of veterinary surgeons shall comprise, in total, at least five years of full-time theoretical and practical studies, which may also be expressed in equivalent ECTS credits, taught at a university, in a higher institute with a level recognised as equivalent or under the control of a university, and which shall relate to at least the programme set out in point 5.4.1 of Annex III.

4. Admission to the training of a veterinarian shall mean the possession of a diploma or certificate allowing access for such studies to the university centres of a Member State or to its higher institutions of recognised level. as equivalent.

5. The training of veterinary surgeons shall ensure that the professional concerned has acquired the following knowledge and skills:

(a) Appropriate knowledge of the sciences on which the activities of the veterinary surgeon and of Union law relating to such activities are based.

b) Proper knowledge of the structure, functions, behaviour and physiological needs of animals, as well as the skills and competences required for their breeding, feeding, welfare, reproduction and hygiene in general.

(c) The clinical, epidemiological and analytical capacities and competencies required for the prevention, diagnosis and treatment of animal diseases, including anaesthesia, aseptic surgery and pain-free death, considered individually or in a group, including a specific knowledge of the diseases that can be transmitted to humans.

(d) Knowledge, skills and competences appropriate for preventive medicine, including skills related to surveys and certification.

e) appropriate knowledge of the hygiene and technology used in the production, manufacture and marketing of foodstuffs for animals or foodstuffs of animal origin intended for human consumption; including the skills and competences needed to understand and explain best practice in this respect.

(f) Knowledge, skills and competences necessary for the responsible and sensible use of veterinary medicinal products in order to treat animals and ensure the safety of the food chain and the protection of the environment environment.

Article 51. Specific acquired rights of veterinarians in Estonia.

By way of derogation from Articles 30 to 34, certificates of veterinary training which have been issued in Estonia, or whose training has begun in that State before 1 May 2004, shall be recognised when provide a certificate stating that those persons have effectively and lawfully exercised in Estonia the activities in question for at least five consecutive years in the course of the seven years preceding the date of issue of the certificate.

Section 6

Article 52. Training of midwives.

1. In Spain, the training of midwives, leading to the obtaining of the official title of obstetrician-gynecological specialist nurse, is provided for in Chapter III of Title II of Law 44/2003, of 21 November of the Health professions, and it is regulated in Royal Decree 450/2005, of 22 April, on nursing specialties.

2. For recognition in Spain, for the purposes of the pursuit of professional activities of a specialist obstetrician-gynecological nurse (matron), training certificates issued by the other Member States referred to in Article 29 they must provide evidence of a training that meets the requirements set out in the following paragraphs:

(a) The completion of at least 12 years of basic general education or the possession of a certificate certifying that an examination of an equivalent level is exceeded, for admission to a school of midwives for the I;

(b) the possession of a certificate of training of nurses responsible for general care referred to in Annex III, point 5.2.2, for route II.

3. The training of midwives shall ensure that the professional in question has acquired the following knowledge and skills:

(a) Detailed knowledge of the sciences on which the activities of midwives are based, in particular midwifery, obstetrics and gynaecology;

(b) adequate knowledge of the ethics of the profession and of legislation relevant to the exercise of the profession;

c) adequate knowledge of general medical knowledge (biological functions, anatomy and physiology) and pharmacology in the field of obstetrics and newborn, as well as knowledge of the existing relationship between the state of health and the physical and social environment of the human being, and their behavior;

(d) adequate clinical experience acquired in accredited centres to enable the midwife to be able, independently and under its own responsibility, to the extent necessary and to exclude pathological situations, manage prenatal care, control childbirth and its consequences in accredited centres and monitor delivery, postpartum care and resuscitation of a newborn waiting for a doctor;

e) adequate understanding of the training of healthcare personnel and the work experience with it.

Article 53. Modalities for the recognition of certificates of training of midwives.

1. The certificates of training of midwives referred to in point 5.5.2 of Annex III shall be automatically recognised in accordance with Article 29 if they fulfil any of the following requirements:

(a) Accrediting a matron formation of at least three years full time, which may also be expressed in equivalent ECTS credits, and comprising at least 4 600 hours of theoretical and practical training, with at least one third part of the minimum duration for a clinical practice;

(b) certifying a training course of at least two years in full time, which may also be expressed in equivalent ECTS credits, and comprising at least 3 600 hours, subject to the possession of a training certificate Nurse responsible for general care referred to in Annex III, point 5.2.2;

(c) certifying at least eighteen months of fulltime matron formation, which may also be expressed in equivalent ECTS credits, comprising at least 3,000 hours, subject to the possession of a certificate of training of nurses responsible for general care referred to in point 5.2.2 of Annex III and followed by a professional practice of one year for which a certificate has been issued in accordance with paragraph 2.

2. The certification referred to in paragraph 1 shall be issued by the competent authorities of the home Member State. It shall prove that the recipient, after obtaining the certificate of training as a midwife, has been successful in a hospital or in a health centre approved for that purpose all the activities of a midwife during the period corresponding.

Article 54. Exercise of professional activities of obstetrician-gynecological specialist nurse (matron).

In Spain, the professional activities of nurse-gynecological specialist nurse (matron) are as follows:

a) Provide appropriate information and advice on family planning.

b) Diagnose pregnancy and monitor normal pregnancy; perform the necessary examinations for monitoring the development of normal pregnancies.

c) prescribing or advising on the necessary examinations for the early diagnosis of high-risk pregnancies.

d) Facilitate programs of parental preparedness and complete preparation for delivery, including information related to hygiene and nutrition.

e) Provide care and assistance to the mother during delivery and monitor the condition of the fetus in the womb through appropriate clinical and technical methods.

f) To tend to normal delivery, in the case of a vertex presentation, including, if necessary, the episiotomy and, in case of urgency, to attend delivery in presentation of buttocks.

g) Recognize in the mother or child the signs of anomalies that require the intervention of a physician and, where appropriate, assist the physician; take the necessary measures in the absence of the physician, in particular the removal of manual of the placenta, followed, where appropriate, by the manual recognition of the uterus.

h) Recognize and provide care to the newborn; adopt all the necessary initiatives in case of need and practice, if necessary, immediate resuscitation.

i) Attend and monitor the progress of the mother after delivery and provide her with the necessary counselling in relation to the care of the child so that it can guarantee the optimal progress of the newborn.

j) Perform treatment prescribed by the physician.

k) Compose the required reports.

Article 55. Acquired rights specific to midwives.

1. In the case of diplomas of nationals of the other Member States whose qualifications in training in matron meet all the minimum training requirements laid down in Article 52, but which, under Article 53, may only be recognised if they are accompanied by the certification of professional practice referred to in paragraph 2 of that provision, the Spanish competent authority shall recognise as sufficient evidence the evidence of formal qualifications issued by those Member States; before the reference date referred to in point 5.5.2 of Annex III, accompanied by a certification certifying that such nationals have been effectively and lawfully engaged in the activities in question for at least two consecutive years in the course of the five years preceding the issue of certification.

2. In the case of certificates of formal qualifications in matron, the qualifications for which the applicant was to be obtained shall be automatically recognised before 18 January 2016, and the conditions for admission to the training shall then be: either in ten years of general training or an equivalent level for route I, or to have completed training as a nurse responsible for general care, as provided for in the training certificate referred to in point 5.2.2 of Annex III, before start a matron formation according to the route II.

Article 56. Acquired rights specific to midwives in the former German Democratic Republic.

The provisions of the foregoing Article shall apply to nationals of Member States whose certificates of training are awarded in respect of training acquired in the territory of the former German Democratic Republic and which respond to all the minimum training requirements set out in Article 52, but which, pursuant to Article 53, may be recognised only by the Spanish competent authority when they are accompanied by the certification of practice (a) the professional qualifications referred to in paragraph 2 of that provision, in the event that they sanction started before 3 October 1990.

Article 57. Acquired rights specific to midwives in Poland.

The competent authority shall recognise nationals of the Member States who have been awarded in the form of matron training in Poland, as set out below:

(a) which have been issued in Poland to midwives who completed their training before 1 May 2004 and who do not meet the minimum training requirements laid down in Article 52, and

(b) who have been sanctioned by a bachelor's degree obtained on the basis of a special revaluation programme described in:

1. Article 11 of the Law of 20 April 2004 amending the Law on the professions of nurses and midwives and certain other legal acts and the Regulation of the Minister of Health of 11 May 2004 on the detailed conditions of the obstetrician-gynecological general nursing and nursing studies, which have a secondary school certificate (final examination/maturity) and have graduated in medical licks and medical professional schools which Provide training for nurses and midwives, or

2. Article 53.3 (3) of the Law of 15 July 2011 on the professions of nurses and midwives, and the Regulation of the Minister of Health of 14 June 2012 on the detailed conditions of the studies of general nursing and obstetrician-gynecological nursing, who have a certificate of secondary school (final examination/maturity) and have graduated in medical licees and medical professional schools that provide the training of nurses and midwives, effects of verifying that the person concerned has a comparable level of knowledge and competence to the one of the midwives held by the Polish-related titles in Annex III, point 5.5.2.

Article 58. Acquired rights specific to midwives in Romania and Croatia.

1. As regards the Romanian title of matron, only the rules on acquired rights set out below shall apply.

2. In the case of nationals of Member States whose qualifications in training for midwives have been issued in Romania before the date of accession, and who do not meet the minimum requirements in respect of the Training provided for in Article 52 shall be recognised for the purposes of the exercise of the activity of a midwife if they are accompanied by a certificate attesting that the persons have effectively and lawfully exercised their duties in Romania the activities of matron for at least five consecutive years in the course of the seven years prior to the date of issue of the certificate.

3. As regards the Croatian titles of midwives, the rights acquired in obstetrician-gynaecological nursing shall not apply to the following qualifications obtained in Croatia before 1 July 2013: visa medicinska sestra ginekolosko-opstetrichkog smjera (obstetrician-gynaecological superior nursing), medicinska sestra ginekolosko-opstetrickog smjera (obstetrician-gynaecological nursing), visa medicinska sestra primäljskog smjera (higher nursing with matron title), medicinska sestra primäljskog smjera (infirmary with title of matron), ginekolosko-opstetricka primälja (obstetrician-gynaecological matron) and primalja (matron).

Section 7 Pharmacist

Article 59. Basic training in Pharmacy.

1. In Spain, the training of the pharmacist, which allows the exercise of the professional activities referred to in Article 6.2.b) of Law 44/2003, of 21 November, of ordination of the health professions, is the one that leads to the of the official diploma of licentiate in Pharmacy, established by Royal Decree 1464/1990 of 26 October 1990, or obtaining the degree of degree established in accordance with the provisions of Order CIN/2137/2008 of 3 July 2008, in accordance with the Conditions of the Council of Ministers Agreement of 8 February 2008.

2. For recognition in Spain, for the purposes of access to the professional activities of a pharmacist, the evidence of formal qualifications referred to in Article 29 shall provide proof of training of a duration of at least five years, which may be also expressed in equivalent ECTS credits, which shall include at least:

a) Four years of full-time theoretical and practical teaching at a university, at a higher institute of a level recognized as equivalent or under the control of a university.

b) During or at the end of the theoretical and practical training, a six-month internship period at a pharmacy office open to the public or at a hospital under the supervision of the hospital's pharmacy service.

The training cycle referred to in this paragraph shall cover at least the programme set out in point 5.6.1 of Annex

.

3. The training of accredited pharmacist must imply that the applicant has acquired the following knowledge and skills:

(a) An adequate knowledge of the medicinal products and the substances used in their manufacture.

b) An adequate knowledge of pharmaceutical technology and physical, chemical, biological and microbiological testing of drugs.

c) An adequate knowledge of the metabolism and effects of medicinal products, as well as the action of toxic substances and the use of medicinal products.

d) An adequate knowledge for the evaluation of scientific data relating to medicinal products, in order to be able to provide adequate information on the basis of that knowledge.

e) An adequate knowledge of the legal and other requirements related to the exercise of the pharmacy.

Article 60. Exercise of the professional activities of the pharmacist.

1. Applicants who submit a professional title of those listed in Annex III, point 5.6.2, once recognised by the Spanish competent authority in accordance with the provisions of this Royal Decree, may be established in Spain and develop the activities of the profession of pharmacist.

2. In Spain, the profession of pharmacist includes the following activities:

a) Preparation of the pharmaceutical form of the drugs.

b) Manufacture and control of medicines.

c) Drug control in a drug control laboratory.

d) Storage, preservation and distribution of wholesale medicinal products.

e) Supply, preparation, control, storage, distribution and dispensing of safe and effective medicines of the required quality in pharmacies open to the public.

f) Preparation, control, storage and dispensing of safe and effective medicines of the required quality in hospitals.

g) Information and advice on the medicines themselves, also on their proper use.

h) Report to the competent authorities on adverse drug reactions.

i) Custom accompanying patients who administer their medications.

j) Contribution to local or national public health campaigns.

3. The exercise of the profession of pharmacist through the ownership of a pharmacy office shall be subject to the provisions of Law 16/1997 of 25 April of the regulation of services of pharmacy offices.

4. By way of derogation from the first paragraph of this Article, the competent authority may maintain competitive competition procedures for selecting, among the graduates referred to in that paragraph, those designated as holders of the new pharmacies, being able to submit to such procedures the nationals of Member States who hold one of the titles of pharmaceutical training referred to in point 5.6.2 of Annex III or benefit from the provisions of the in Articles 30 to 34.

5. The Spanish authorities may, exceptionally, decide not to give effect to the training certificates referred to in point 5.6.2 of Annex III for the establishment of new pharmacies open to the public. For the purposes of this paragraph, new pharmacies shall also be considered to be open in the last three years.

This derogation may not apply to pharmacists whose training certificates have already been recognised by the competent Spanish authorities for other purposes and which have effectively and lawfully exercised their activities Pharmaceutical professionals for at least three consecutive years in Spain.

Section 8. Architect

Article 61. Basic Architecture Training.

1. In Spain, the training of the architect is conducive to obtaining the degree of official university of Architect, established by Royal Decree 4/1994, of January 14, or to obtaining the degree of degree established according to the forecasts contained in Order ECI/3856/2007 of 27 December 2007 under the terms of the Council of Ministers Agreement of 14 December 2007.

2. For their recognition in Spain, for the purposes of access to the professional activities of architects, training certificates issued by the other Member States shall provide proof of training which meets the requirements laid down in the The following sections.

3. The training of an architect will include:

(a) A total of at least five years of full-time studies, at a comparable university or teaching facility, sanctioned for the completion of a university-level examination, or

b) at least four years of full-time studies at a comparable university or teaching institution, subject to the completion of a university-level examination, to which a certificate certifying the completion of the examination will be added. of a professional practice period of two years in accordance with paragraph 6.

4. The architecture shall be the main element of the education referred to in paragraph 3. This teaching will maintain a balance between the theoretical and practical aspects of architecture training and will ensure the acquisition, at least, of the following knowledge, skills and competences:

a) Aptitude to create architectural projects that meet both aesthetic demands and techniques.

b) Proper knowledge of the history and theories of architecture, as well as related human arts, technologies and sciences.

c) Knowledge of fine arts as a factor that can influence the quality of architectural design.

d) Proper knowledge of urbanism, planning, and techniques applied in the planning process.

e) Ability to understand the relationships between people and buildings and between buildings and their environment, as well as the need to relate buildings and spaces between them with human needs and scale.

f) Ability to understand the profession of architect and its role in society, in particular by developing projects that take into account social factors.

g) Knowledge of methods of research and preparation of construction projects.

h) Understanding of the structural conception, and of the construction and engineering problems associated with building projects.

i) Proper knowledge of the physical problems and the different technologies, as well as the function of the buildings, so that they are equipped with internal conditions of comfort and protection against the factors climate, in the context of sustainable development.

j) Capacity of conception required to meet the requirements of the building's users respecting the limits imposed by the budgetary factors and the regulations on construction.

k) Proper knowledge of industries, organizations, regulations and procedures to translate projects into buildings and to integrate plans into planning.

5. The number of years of academic education referred to in paragraphs 3 and 4 may also be expressed in equivalent ECTS credits.

6. The period of professional practice referred to in point (b) of paragraph 3 shall only take place after the first three years of the teaching have been completed. At least one year of the period of professional practice shall be based on the knowledge, skills and competences acquired during the education referred to in paragraph 4. For this purpose, the period of professional practice shall be carried out under the supervision of a person or body authorised by the competent authority in the home Member State. The supervised practice period may be carried out in any country. The period of professional practice shall be assessed by the competent authority of the home Member State.

Article 62. Exceptions to the conditions of architect training.

1. By way of derogation from the previous Article, for the purposes of accessing the profession of architect, the titles corresponding to a three-year training, issued by the "Fachhochschulen" of the Federal Republic of Germany, shall be recognised. from 5 August 1985, provided that they meet the following requirements:

a) That the accredited training content meets the requirements of the previous article.

(b) The title of access in Germany to the activities referred to in Article 63 under the same conditions as the other titles appearing for that State in point 5.7.1 of Annex III.

(c) The applicant shall provide a certificate, issued by the professional college in which he is registered as an architect, certifying a period of professional experience of four years in the Federal Republic of Germany and that the set of knowledge and competences referred to in the previous article have been applied in the same way.

2. By way of derogation from the foregoing Article, the training which forms part of a system of social promotion or part-time university education which meets the requirements of the profession of architect shall also be recognised for the purposes of access to the profession of architect. Following requirements:

(a) To meet the requirements regarding the training contents that are included in the previous article.

b) That the applicant has passed a university-level examination and that it is equivalent to that provided for in paragraph 3 (b) of the previous article.

(c) The applicant person has a professional experience of at least seven years in the architecture sector, developing work under the supervision of an architect or a study of architects.

Article 63. Exercise of the professional activities of the architect.

1. For the purposes of this royal decree, the professional activities of the architect are usually exercised with the professional title of architect.

2. By way of derogation from Article 61, they shall be deemed to fulfil the conditions required for the pursuit of the activities of an architect, with the professional title of architect, the nationals of a Member State authorised to use such a title in application of a law which confers on the competent authority of a Member State the power to grant this title to nationals of Member States who have distinguished themselves in a special way by the quality of their work in the field of the architecture. The quality of the architecture of the activities of the persons concerned shall be tested by a certificate issued by their home Member State.

Article 64. Acquired rights specific to architects for the existence of a training degree.

1. The competent authority shall recognise the evidence of formal qualifications as an architect referred to in Annex IV, issued by the other Member States, which penalise a training which is initiated not later than the reference academic year in question. that Annex, even if they do not meet the minimum requirements laid down in Article 61, with the same effect as regards access to the professional activities of an architect and his/her financial year, which the qualifications of the architect awarded in Spain.

It shall also apply to the architect training titles listed in Annex III, where the training has started before 18 January 2016.

2. Under the same conditions as the previous paragraph, certificates from the competent authorities of the Federal Republic of Germany which provide for the respective equivalence of training certificates issued from 8 May onwards shall be recognised as in 1945 by the competent authorities of the German Democratic Republic, with the titles set out in point 6 of Annex IV.

Article 65. Specific acquired rights of architects for the existence of a professional certificate.

1. Without prejudice to the provisions of the foregoing Article, it shall be recognised, by giving them, as regards access to the professional activities of an architect and to his or her pursuit of the professional title of architect, the same effect as training issued, certificates issued to nationals of Member States of the European Union by the Member States in which there is a regulation of access to and the exercise of the activities of an architect on the dates following:

(a) On 1 January 1995, for Austria, Finland and Sweden.

(b) On 1 May 2004, for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.

c) July 1, 2013 for Croatia.

(d) On 5 August 1987, for the other Member States.

2. The certificate provided for in the preceding paragraph must provide proof that the holder has received the authorization to use the professional title of architect before those dates and that he has been effectively engaged, within the framework of that regulation, to the activities in question, for at least three consecutive years in the course of the five years preceding the issue of the certificate.

3. The following title is given for the same purposes as for the title giving access to the exercise of the professional activities of the architect: evidence of the completion of the existing training to 5 August 1985 and begun at the latest 17 of January 2014, provided by a 'Fachhochschule' in the Federal Republic of Germany for a period of three years in accordance with the requirements laid down in Article 61 (4) and which gives access to the activities referred to in the Article 63 in that Member State under the professional title of 'architect', to the extent that the training was followed by a period of four years of professional experience in the Federal Republic of Germany, accredited by a certificate issued by the competent authority on whose register the name of the architect wishing to benefit from the certificate provided for in Directive 2005 /36/EC of 7 September.

CHAPTER IV

Automatic recognition on the basis of common training principles

Article 66. Common framework for training.

1. For the purposes of this Article, 'common training framework' means a common set of knowledge, skills and minimum skills necessary for the exercise of a specific profession. National training programmes shall not be replaced by a common training framework unless the Member State so decides in accordance with its national law.

For the purposes of access to a regulated specific profession and its financial year, the qualifications corresponding to the professional qualifications acquired on the basis of the common framework have the same effect as training qualifications. issued in Spain, provided that such a framework complies with the requirements set out in paragraph 2 below.

2. A common training framework must meet the following conditions:

(a) To enable a larger number of professionals to move between Member States.

(b) That the profession to which the common training framework is applied is regulated or education and training leading to the profession is regulated in at least one third of the Member States.

(c) The common set of knowledge, skills and competences combines the knowledge, skills and competences required in the education and training systems applicable in at least one third of the Member States; be indifferent to the fact that knowledge, skills and competences have been acquired within the framework of a general training course of a university or higher education institution or in the course of a vocational training course.

(d) that the common training framework is based on the levels of the EQF, as defined in Annex II to the Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Framework for Qualifications for lifelong learning.

e) that the profession in question is not included in another common training framework or is subject to automatic recognition under Title III, Chapter III.

(f) The common training framework has been developed in accordance with a transparent procedure, in particular with the relevant stakeholders of the Member States in which the profession is not regulated.

(g) the common training framework allows nationals of any Member State to be eligible for a professional qualification through this common framework without being obliged to be members of any professional organisation or be registered in this organization.

3. The representative professional organisations at Union level and the professional organisations and national competent authorities of at least one third of the Member States may submit to the Commission proposals for common frameworks of training which meets the requirements set out in paragraph 2.

4. The Commission may adopt delegated acts in accordance with Article 57c of Directive 2013 /55/EU as regards the establishment of a common training framework for a particular profession on the basis of the requirements laid down in this Directive. in paragraph 2 of this Article.

5. It exempts from the obligation to establish the common training framework referred to in paragraph 4 and to grant automatic recognition of diplomas obtained through the common training framework if one of the following is fulfilled. conditions:

(a) that there is no provision in the national territory for education or training which provides such training for the profession in question;

b) that the introduction of the common training framework could negatively affect the organisation of the Spanish education and vocational training system;

c) there are substantial differences between the common training framework and the training required in Spain involving serious risks to public order, public security, public health or the safety of the recipients; of the service or the protection of the environment.

6. Where a delegated act referred to in paragraph 4 is adopted, the Commission and the other Member States shall be notified within six months of their entry into force:

(a) National qualifications and, where appropriate, national professional qualifications, which are in accordance with the common training framework, or

b) any recourse to the exemption referred to in paragraph 5, together with the necessary justification for the conditions of that paragraph which have been fulfilled. The Commission may, within three months, request further details if it considers that it has not been justified, or has not done so sufficiently, that any of those conditions have been met. That request shall be answered within three months of the request.

7. This Article shall also apply to the specialities of a profession, provided that such specialities relate to professional activities, the access and exercise of which are regulated in the Member States, where the profession is already subject automatic recognition under Title III, Chapter III, but not the speciality in question.

Article 67. Common evidence of training.

1. For the purposes of this Article, "common training test" means a standard aptitude test available in all participating Member States and reserved for persons holding a certain professional qualification. The improvement of such proof in a Member State shall enable the person with a certain professional qualification to pursue the profession in any host Member State concerned under the same conditions as those of which he or she is entitled the holders of professional qualifications acquired in that Member State.

2. The common training test shall meet the following conditions:

(a) To enable a larger number of professionals to move between Member States.

b) the profession to which the common training test is applied is regulated or the teaching and training leading to the profession in question are official in at least one third of the Member States.

(c) which has been developed in accordance with a transparent procedure, in particular with the relevant stakeholders of the Member States in which the profession is not regulated.

(d) to enable nationals of any Member State to participate in such proof and in the practical organisation of such tests in the Member States, without the need to belong to any professional or professional organisation be registered with that organization.

3. Representative professional organisations at Union level and professional organisations and competent national authorities of at least one third of the Member States may submit proposals for joint tests to the Commission. training which meets the requirements set out in paragraph 2.

4. It is for the Commission to determine, where appropriate, the contents of the common training test and the setting of conditions for its completion and improvement.

5. By way of derogation from the previous paragraph, the Spanish competent authority shall be exempted from the obligation to organise the common training test and the obligation to grant automatic recognition if one of the following conditions is met. conditions:

(a) That the profession in question is not regulated in Spain.

(b) that the contents of the common training test do not sufficiently mitigate serious risks to public health or the safety of the recipients of the service, which are relevant in their territory.

c) That the contents of the common training test, in comparison with national requirements, make access to the profession significantly less interesting.

CHAPTER V

Common rules on setting

Article 68. Documentation and formalities.

1. Applications for recognition for the exercise in Spain of a regulated profession, pursuant to this Title, shall be accompanied by the documents and certificates listed in Annex V.

2. The documents referred to in points (d), (e) and (f) of point 1 of Annex V may not, at the time of their submission to the Spanish competent authority, be more than three months old.

3. The competent authorities, as well as the other bodies, entities or persons who are required to access such documentation in the performance of their duties, shall ensure the confidentiality of the information received, in accordance with the terms laid down in the Law. Organic 15/1999, of December 13, Personal Data Protection, and in its development regulations.

4. In case of justified doubt, the Spanish competent authority may request the competent authorities of another Member State:

(a) A confirmation of the authenticity of the training certificates issued in that other Member State.

(b) For the professions referred to in Title III, Chapter III, an official confirmation that the beneficiary meets the minimum training conditions laid down in Articles 35, 36, 39, 42, 46, 50, 52, 59 and 61, respectively.

5. In the event of a justified doubt, where a competent authority of a Member State has issued evidence of a training certificate, as defined in Article 4, which includes a training received in whole or in part in a centre legally established in the territory of another Member State, the Spanish competent authority may request the competent body of the home Member State to prove the following:

(a) That the training course at the centre which taught it was legally recognised by the educational establishment established in the Member State of origin of the recognition.

b) That the evidence of the training title is the same as that which could have been issued if the course had been completed in its entirety in the Member State of origin of the recognition.

(c) That the evidence of the training title confers the same professional rights on the territory of the Member State of origin of the recognition.

6. In the event of justified doubts, the Spanish competent authority may require the competent authorities of a Member State to confirm that the exercise of the profession in question by the applicant has not been suspended or prohibited as the result of a serious professional misconduct or a criminal offence concerning the exercise of any of his or her professional activities.

7. The exchange of information between the competent authorities of the different Member States under this Article shall be carried out through IMI.

8. No legalization shall be required by diplomatic or "apostille" of the Hague Convention to official documents issued by the authorities of other Member States.

Article 69. Oath or professional promise.

In cases where access to a regulated profession is required, the provision of oath, promise or solemn declaration, the competent authority shall ensure that the person concerned is able to use an appropriate formula and equivalent, in cases where the formula of the oath or declaration cannot be used by nationals of other Member States.

Article 70. Procedure for the recognition of professional qualifications.

1. The procedure for the recognition of professional qualifications shall be subject to the provisions of Law No 39/2015 of 1 October 2015 of the Common Administrative Procedure of the Public Administrations, as regards their initiation, ordering, instruction, completion, and termination, with the exception being noted in the following section.

2. The time limit for issuing and notifying the decision to be taken shall be three months from the entry of the application into the register of the body responsible for processing. This period shall be four months in the cases covered by Chapters I and II of this Title.

In cases where the file is not complete, the person concerned must be required to provide the necessary documents, the calculation of the maximum period provided for in the preceding paragraph shall be suspended, and the same shall be resumed. from the presentation of the documents that assume that the file is complete.

3. The decision of the procedure shall be reasoned, and against it, as well as the absence of an express decision within the prescribed period, the resources from administrative and administrative disputes may be brought in accordance with the law 39/2015 of October 1, of the Common Administrative Procedure of the Public Administrations, and with Law 29/1998, of July 13, regulator of the Jurisdiction-Administrative Jurisdiction.

Article 71. Use of the Spanish professional title and obligations of the recognised professional.

1. In cases where the use of the professional title relating to one of the activities of the profession in question is regulated in Spain, nationals of other Member States who are authorised to pursue a regulated profession with Title III shall use the Spanish professional title corresponding to that profession, and may make use of its abbreviation, if it exists.

2. The person receiving the recognition shall be subject, in order to the profession, to the professional, legal or administrative professional Spanish rules which are directly related to professional qualifications, including the definition and organisation of the profession, the collation in those cases in which the exercise is subject to compulsory membership, the use of diplomas and serious professional negligence which is directly and specifically relating to the protection and safety of the consumer, as well as to the provisions Disciplinary measures applicable in Spain to professionals working in the same profession.

TITLE IV

Modalities of exercising the profession

Article 72. Language skills.

1. Persons benefiting from the recognition of their professional qualifications shall have the linguistic knowledge of the Spanish language and, where appropriate, of the other official languages of the Autonomous Communities, which are necessary for the exercise of the profession in Spain, in accordance with the legislation in force.

2. Where the profession to be carried out has implications for the safety of patients, the accreditation of the language skills described in the previous paragraph should be ensured. The Ministry of Health, Social Services and Equality shall determine the minimum level of linguistic competence to be accredited.

3. In the case of other professions where there is serious and specific doubt as to the adequacy of the knowledge of the language of the professional for the exercise of the professional activities which he intends to carry out, ensure the accreditation of the language skills described in paragraph 1. There is no doubt that there is no doubt about the language proficiency of national applicants whose official language is Spanish.

4. The accreditation of linguistic competence, to be carried out by the competent authority concerned, shall be carried out after the European Professional Card has been issued or after the recognition of a professional qualification, according to the case.

5. Except as provided for in paragraph 2 of this Article, in the case of regulated professions for which access is required in Spain to the possession of a diploma or degree of university level, for the accreditation of linguistic competence, the data subject shall provide one of the following documents:

(a) "Diploma of Spanish as a Foreign Language" (DELE), level B2, or higher, issued in accordance with the provisions of Royal Decree 1137/2002 of 31 October 2002 governing the diplomas of Spanish as a foreign language (DELE) ".

b) An official certificate of advanced level (level B2) of Spanish for foreigners, issued in accordance with the provisions of Article 61 of the Organic Law 2/2006, of May 3, of Education, by the Official Language Schools.

c) Certificate of Spanish Aptitude for foreigners issued by the Official Language Schools.

6. In the case of regulated professions for which the possession of a diploma or university degree is not required in Spain, the authority which in each case is competent shall determine the level of linguistic competence required. according to the profession in question and its form of accreditation.

7. The linguistic control shall be proportionate to the activity carried out. The professional concerned may bring an action against this control in accordance with the applicable Spanish legislation.

Article 73. Use of academic degrees awarded by the home Member State.

1. Without prejudice to Articles 13 and 71, the right to make use of the academic qualifications awarded by the Member State of origin and, where appropriate, its abbreviation, in the language of the Member State of the Member State of origin, shall be recognised as such. origin. The title must be followed by the name and venue of the examination centre or court which issued it.

2. Where the academic title of the home Member State may be confused with a title requiring in Spain additional training not acquired by the beneficiary person, the academic title of the home Member State may be used only so as not to induce confusion.

Article 74. Recognition of periods of professional practice.

1. If access to a regulated profession in the Member State of origin is subject to the performance of a period of professional practice, the competent authority of the home Member State shall, when examining an application for authorisation to exercise the regulated profession shall recognise the periods of professional practice carried out in another Member State, provided that such periods are in accordance with the published guidelines referred to in paragraph 2, and shall take into account the periods of practice professionals in a third country. However, by means of a Ministerial Order adopted by the Departments responsible for the matter, the duration of the part of the period of professional practice which may be carried out abroad may be limited for access to a determined profession.

2. The recognition of the period of professional practice shall not replace any existing requirement for the purpose of overcoming an examination with a view to gaining access to the profession in question. The competent authorities shall publish guidance on the organisation and recognition of periods of professional practice carried out in another Member State or in a third country, in particular as regards the role of the supervisor of the periods of professional practice.

TITLE V

Administrative cooperation

Article 75. Administrative cooperation between competent authorities.

1. The Spanish competent authorities shall cooperate closely and assist each other with those of the other Member States in order to facilitate the application of the system of recognition of professional qualifications to which it is refers to this royal decree. In particular, they shall exchange information relating to disciplinary action or criminal penalties adopted or any other serious and specific circumstances which may have consequences for the pursuit of activities under the present decree. In order to carry out this collaboration the competent authorities shall make use of IMI.

2. Where the Spanish competent authority receives a request for information of the nature referred to in the preceding paragraph, it shall examine the accuracy of the facts and decide on the nature and extent of the investigations to be carried out. (a) to be carried out by the Member State which has requested the information to be drawn up in relation to the information transmitted.

3. Any exchange of information will be subject to the provisions of the Organic Law 15/1999 of 13 December, the Protection of Personal Data, and its development regulations, as well as, where appropriate, the Community rules that may be application.

Article 76. Coordination of the activities of the competent authorities.

1. The Ministry of Education, Culture and Sport shall exercise the national coordination of the activities of the competent Spanish authorities referred to in this Royal Decree.

The national coordinator will perform the following functions:

a) Promote a uniform application of this Royal Decree;

b) to collect all information in Spain necessary for the implementation of this Royal Decree, in particular on conditions of access to regulated professions in other Member States;

c) examine proposals for common training frameworks and common training tests;

(d) exchange information and good practice in order to optimise permanent professional development in the Member States;

(e) exchange information and good practices on the implementation of the compensation measures referred to in Article 30.

2. In order to carry out the function referred to in point (b) of this paragraph, coordinators may apply for assistance from assistance centres designated by the other Member States.

3. In order to promote a uniform and harmonious application of this royal decree, to resolve any doubts arising in this application and to establish common criteria in cases where it is necessary, the necessary contacts will be maintained with the Spanish authorities, as well as with the corresponding collegial organisations in those cases where the professional exercise is subject to compulsory tuition.

4. The coordinator in collaboration, and in accordance with the information received from the competent authorities referred to in Article 75.1, shall draw up the report on the implementation of the system, including a statistical summary of the decisions taken and a description of the main problems identified, which should be referred to the Commission every two years, in accordance with Article 60.1 of Directive 2005 /36/EC.

Article 77. Alert mechanism.

1. The competent authority designated by the Ministry of Justice and in the case of the health professions referred to in points (a) to (k) of this paragraph, the person responsible for the State Register of Health Professionals (REPS) of the Ministry of Health, Social Services and Equality governed by Royal Decree 640/2014 of 25 July 2014 shall inform the competent authorities of the other Member States and the national coordinator (MECD) of the professionals to whom the bodies National courts have restricted or prohibited in whole or in part, even with a temporary, the pursuit of the following professional activities in the territory of that Member State:

(a) General physician and physician in possession of a training certificate referred to in Annex III, points 5.1.1 and 5.1.4;

b) Medical specialist in possession of a title referred to in Annex III, point 5.1.3;

(c) Nurse responsible for general care in possession of a training certificate referred to in Annex III, paragraph 5.2.2;

(d) Odontologo in possession of a training certificate referred to in Annex III, paragraph 5.3.2;

(e) Odontologo specialist in possession of a training certificate as referred to in Annex III, paragraph 5.3.3.;

(f) Veterinary in possession of a training certificate referred to in Annex III, paragraph 5.4.2

(g) Matron in possession of a training certificate referred to in point 5.5.2 of Annex

;

(h) Pharmacist in possession of a training certificate referred to in Annex III, paragraph 5.6.2.;

(i) holders of certificates referred to in point 2 of Annex V which credit that the holder has completed a training meeting the minimum requirements listed in Articles 35, 36, 42, 46, 47, 50, 52 or 59 respectively; but starting before the reference dates indicated in the titles listed in Annex III, points 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 and 5.6.2;

(j) holders of certificates of acquired rights referred to in Articles 30, 38, 40, 43, 44, 48, 55 and 58 in respect of midwives in Romania;

(k) other professionals engaged in activities with implications for the safety of patients, where the professional exercises a regulated profession;

(l) professionals engaged in activities related to the education of minors, including early childhood care and early childhood education, when the professional exercises a regulated activity.

In the cases referred to in (a) to (k) above, the Head of the State Register of Health Professionals (REPS) of the Ministry of Health, Social Services and Equality shall inform the competent authorities of the other Member States and the national coordinator (MECD) on professionals who are suspended or disabled, either definitively or temporarily, for the professional exercise by means of a decision to sanction a Professional College, whether there is an obligation to be collegial, or by administrative decision a firm sanctioning when exercised in the public domain.

2. In the other cases where compulsory tuition is required for the exercise of the profession, the General Councils or Superiors of Professional Colleges and Professional Colleges of State-level shall inform the competent authorities of the the Member States and the national coordinator (MECD) on the decisions taken by them, relating to professionals to whom they have been restricted or prohibited in whole or in part, even on a temporary basis, to the exercise of professional activities mentioned in the territory of that Member State.

3. Likewise, in the cases referred to in the preceding paragraph but which are not required, the Consejeria de las Comunidades Autónomas, with jurisdiction for the professional disablement, shall inform the authorities of the the competent authorities of the Member States and the national coordinator (MECD) on the decisions taken by them, relating to professionals to whom they have been restricted or prohibited, in whole or in part, even on a temporary basis, on exercise of such professional activities in the territory of that Member State.

4. The Spanish authority concerned shall, in accordance with the provisions of the above paragraphs, transmit the information referred to therein by means of an IMI alert at the latest within three days of the date of adoption of the the decision to restrict or prohibit the professional in question from carrying out a professional activity in whole or in part. This information will be limited to the following data:

a) The identity of the professional;

(b) the profession in question;

(c) information on the national court or authority that has adopted the restriction or prohibition decision;

d) the scope of the restriction or prohibition, and

e) the period during which the restriction or prohibition applies.

5. The Spanish authorities referred to in the preceding paragraphs shall also inform the other Member States by means of an IMI alert within three days from the date of notification of the final judgment of the Court of Justice of the European Union. on the identity of the professionals who have applied for the recognition of a qualification in accordance with this royal decree and in respect of which a court has subsequently declared that they have filed certificates forged in that context.

6. The Spanish authorities which receive information from the IMI information system concerning restrictions or restrictions on professional practice from the authorities of other Member States shall communicate it to the other authorities. Spanish competent authorities, as well as the Consejeria de las Comunidades Autónomas and the General Councils or Superiors of Professional Colleges and Professional Colleges at the State level where the obligation of collegiality exists.

7. The processing of personal data for the purposes of the exchange of information referred to in the preceding paragraphs shall be carried out in accordance with the provisions of the Organic Law 15/1999 of 13 December 1999. personal data protection, and in its development regulations. The processing of personal data by the Commission shall be carried out in accordance with Regulation (EC) No 45/2001.

8. The competent authorities of all Member States shall be informed without delay when a prohibition or restriction of those referred to in paragraph 1 expires. To this end, the competent authority of the Member State which provides the information in accordance with paragraph 1 shall also be obliged to provide the date of expiry as well as any subsequent changes thereto.

9. Professionals in respect of whom a warning message has been sent to other Member States shall be informed in writing and in real time of the decisions relating to this alert. Against that decision, the person concerned may institute the resources provided for in the administrative laws, as well as in Law 29/1998 of July 13, regulating the Administrative-Administrative Jurisdiction. Similarly, it may apply for damages caused by a false alert sent to other Member States, in which case it shall be indicated in the alert decision that the person concerned has initiated any such action.

10. Data relating to alerts shall only be processed in IMI as long as they are valid. Alerts shall be removed within three days of the date of adoption of the decision of revocation or from the expiry of the prohibition or restriction.

Article 78. Online central access to information.

1. The following information may be consulted online through the points of single contact referred to in Articles 18 and 19 of Law 17/2009 of 23 November on the free access to and exercise of services activities and updated periodically:

(a) A list of all regulated professions in the Member State, including the contact details of the competent authorities for each regulated profession and the assistance centres referred to in Article 80.

(b) A list of the professions for which the European Professional Card is available, the operation of that card, including all the corresponding fees to be paid by professionals, and the authorities competent for the issue of the same.

(c) A list of all the professions to which the provisions of Article 13 (4) apply.

(d) A list of regulated training, or training of a particular structure, as referred to in Article 19.3 (b),

(e) The requirements and procedures referred to in Articles 13, 68, 70 and 72 for the regulated professions, in particular as regards all fees and documents to be submitted by citizens to the authorities competent.

(f) Details on how decisions taken pursuant to this Royal Decree are to be made by the competent authorities.

2. The information referred to in paragraph 1 shall be provided to users in a clear and complete manner, easily accessible at a distance and by electronic means and shall be kept up to date.

3. Any request for information addressed to the one-stop shop will be answered as soon as possible.

4. The necessary measures shall be taken to encourage the one-stop shops to make available the information referred to in paragraph 1, in addition to the official languages, in Union officials.

Article 79. Procedures by electronic means.

1. The requirements, procedures and formalities covered by this royal decree may be carried out by electronic means, through the appropriate one-stop shop or by the competent authorities concerned. However, the competent authorities may request certified copies at a later stage in case of justified doubts and where this is strictly necessary.

2. Paragraph 1 shall not apply to the performance of a traineeship or aptitude test.

3. Where it is considered justified to request the use of advanced electronic signatures, as defined in Article 2 (2) of Directive 1999 /93/EC of the European Parliament and of the Council of 13 December 1999 establishing a framework Member States shall accept these electronic signatures in accordance with Commission Decision 2009 /767/EC of 16 December 2009 on the electronic signature of the electronic signature, in the framework of the procedures referred to in paragraph 1 of this Article. October 2009, adopting measures to facilitate the use of procedures by electronic means through the single points of contact in accordance with Articles 18 and 19 of Law 17/2009 of 23 November on the free access to and the exercise of services and technical measures to deal with documents in the form of advanced electronic signatures as defined by Commission Decision 2011 /130/EU of 25 February 2011 laying down minimum requirements for the cross-border treatment of documents signed electronically by the authorities competent in accordance with the indicated Law.

4. All procedures shall be carried out in accordance with the requirements set out in Law 17/2009. The time limits for the procedure laid down in Article 13 (4) and Article 70 of this royal decree shall start from the moment when a citizen has submitted an application or a missing document in a single window or directly to the relevant competent authority. Requests for certified copies referred to in paragraph 1 of this Article shall not be considered as a missing document request.

Article 80. Centers for assistance.

1. The Ministry of Education, Culture and Sport, as the coordinating authority, in collaboration with the other competent authorities in Spain and, where appropriate, with the corresponding collegiate bodies in cases of collective professions compulsory, it is the centre of assistance whose task will be to provide assistance to citizens, and assistance centres in other Member States, in the field of recognition of the professional qualifications provided for in the Directive. 2005 /36/EC of 7 September, in particular, information on the national legislation regulating the professions and the exercise of these professions, the social legislation, and, where appropriate, the ethical rules.

In order to ensure compliance with the provisions of the preceding paragraph, each competent authority shall designate and communicate that designation to the Ministry of Education, Culture and Sport of the administrative body of collaboration with the aforementioned Department.

2. The competent authority of the home or host Member State shall be required to cooperate fully with the assistance centre of the host Member State and, where appropriate, the home Member State and to provide all relevant information on individual cases to assistance centres which request it in compliance with the data protection rules in accordance with Directives 95 /46/EC and 2002 /58/EC.

3. At the request of the Commission, the centres of assistance shall inform the Commission of the outcome of the applications they have submitted within two months of receipt of the request.

Article 81. Relationship of regulated professions in Spain.

1. Each of the different competent Spanish authorities shall draw up a report on the regulated professions in their respective area of competence, specifying the following information for each of them:

(a) The professional activities that, if any, could be understood by each profession.

(b) The form of accreditation of the required professional qualification, and in particular the regulated training and the training of a particular structure referred to in Article 19.3 (b)

(c) Where appropriate, the submission of its exercise in Spain to the prior verification in cases of displacement, in accordance with Article 13.4, providing the justification for this requirement.

2. The report referred to in the preceding paragraph shall specifically provide for the assessment of the compatibility of the conditions limiting access to or pursuit of the profession to the holders of a specific training certificate, with the freedom of establishment and provision of services. For this purpose, the compatibility assessment shall consider in particular:

1. º That the requirements are not directly or indirectly discriminatory by reason of nationality or place of residence.

2. º That the requirements are justified by an overriding reason of general interest.

3. º That the requirements are adequate to ensure the attainment of the objectives pursued and not to exceed what is necessary to achieve the objective.

3. The reports referred to in the preceding paragraphs shall be sent to the Ministry of Education, Culture and Sport, which shall, in turn, forward them to the inter-ministerial committee composed of the undersecretaries of all the ministries, as well as by a representative of the Economic Office of the President, with at least the rank of director-general, and which shall be co-chaired by the secretaries of State of Education, Vocational Training and Universities, and of Economics and Support to the Company.

4. Following the reports referred to in the previous paragraphs, the inter-ministerial Commission, within the framework of the applicable national and European law provisions, shall draw up the list of regulated professions.

5. Every two years, the Ministry of Education, Culture and Sport will send to the European Commission a follow-up report updating this information, making explicit reference to both the deleted or simplified requirements and the requirements subsequently introduced, providing the appropriate justification for these decisions. This report shall be drawn up on the basis of those drawn up by the competent authorities in their respective fields of competence and submitted to the inter-ministerial committee, in advance of their referral to the European Commission.

Article 82. Other reports.

1. The competent authorities for recognition shall, every two years, draw up their respective reports, which shall contain a statistical summary containing detailed information on the number and type of decisions taken in accordance with the Directive 2005 /36/EC of 7 September 2005, including decisions on partial access by the competent authorities in accordance with Article 11, as well as a description, where appropriate, of the main problems encountered in the application of that Directive.

2. Such information shall be communicated to the Ministry of Education, Culture and Sport as national coordinator, which shall, in turn, forward it to the Ministry of Employment and Social Security for its purpose and, where appropriate, to carry out the relevant comments. The Ministry of Education, Culture and Sport shall, where appropriate, draw up a report on the implementation of the Directive on the recognition of professional qualifications, which shall be sent to the Commission every two years.

Additional disposition first. Mechanisms for cooperation.

The General Administration of the State and the Autonomous Communities may establish cooperation mechanisms to harmonise the application of the system of recognition of professional qualifications regulated in the present decree, as well as to ensure that the decisions on recognition of professional qualifications adopted by the competent authorities of the Autonomous Communities are capable of producing effects throughout the national territory.

Additional provision second. Prevention of fraud and other illicit practices.

1. The competent authorities shall take appropriate measures to prevent fraud and other unlawful practices relating to the process of titling or issuing certificates, without in any case having any effect, in application of this Regulation. royal decree, Spanish or other Member States ' titles obtained by law fraud or through unlawful practices.

2. The competent authorities shall ensure that the provisions of this Royal Decree can be prevented from being used by Spanish nationals in order to misuse them in an abusive manner in the application of national law in the field of professions.

3. Persons whose professional qualifications in Spain have been recognised in another Member State cannot assert that recognition in order to obtain in Spain other rights other than those conferred on them by professional qualifications. obtained in Spain, unless they prove that they have also obtained other professional qualifications in the other Member State.

Additional provision third. Health Professional Records.

The development provisions referred to in the second final provision shall establish the mechanisms necessary for the inclusion, in the Register of Health Professionals of the National Health System and in the Registers of Health professionals of the Autonomous Communities, of the data corresponding to the awards granted for the exercise of health professions.

Additional provision fourth. European Economic Area.

The expression "Member State (s) of the European Union" which appears throughout the article of this royal decree includes the States signatory to the Agreement on the European Economic Area, signed in Oporto on 2 May 1992 and ratified by Spain on 26 November 1993, as appropriate.

Additional provision fifth. Access to public employment.

Access to public employment in Spain, of nationals of other Member States of the European Union, will be governed by the general rules on civil service, in particular Article 57 of the recast text of the Basic Status of Public Employment, approved by the Royal Legislative Decree 5/2015 of 30 October, and its implementing rules.

Additional provision sixth. Procedure for the notification of provisions concerning the issue of evidence of formal qualifications in the professions of doctors, medical specialists, nurse responsible for general care, dental practitioner, veterinary surgeon, pharmacist and architect.

1. The Spanish authorities shall notify the Commission of the laws, regulations and administrative provisions which they adopt in respect of the issue of training certificates in the professions of the doctor, specialist doctor, nurse responsible for general care, dental practitioner, veterinarian, pharmacist and architect, as referred to in Chapter III of Title III.

In the case of an architect's training title referred to in Section 8 of Chapter III of Title III, the notification made in accordance with the first subparagraph shall also be addressed to the other Member States.

2. The notification shall include information on the duration and content of the training programmes and shall be transmitted through IMI.

Additional provision seventh. Exchange of information between records.

In compliance with the provisions of article 4.10 of Law 44/2003, of 21 November, of the Management of Health Professions, those responsible for records integrated into the system of records of support to the Administration The Court of Justice shall transfer to the State Register of Health Professionals of the Ministry of Health, Social Services and Equality, any firm judgment involving total or partial restrictions, including temporary restrictions, affecting the exercise of the health professions referred to in Article 77.1.

The Justice Administration records will also inform the State Register of Healthcare Professionals about the cancellation of the health care professionals ' history involved in the sentences to which they are refers to the previous paragraph.

Single transient arrangement. Procedures in processing.

1. The procedures for recognition of professional qualifications initiated prior to the entry into force of this royal decree will continue its processing and will be resolved in accordance with the regulations in force at the time of its initiation.

2. Until such time as the rules for the development of this royal decree are issued, the provisions laid down for the development and application of the royal decree referred to in the following derogatory provision shall continue to apply as soon as they are not opposed.

Single repeal provision.

1. Royal Decree 1837/2008, of 8 November, which incorporates Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 and Council Directive 2006 /100/EC of 20 December 2005, is hereby repealed. November 2006, concerning the recognition of professional qualifications, as well as certain aspects of the exercise of the profession of lawyer.

2. Notwithstanding the foregoing and pending the completion of the review work referred to in Article 81 of this Royal Decree, they shall remain in force for the purposes of the applicability of the system of recognition provided for in this Regulation. standard, Annexes VIII and X to that Royal Decree 1837/2008 of 8 November.

3. To this end, the list of competent authorities referred to in Annex X shall be understood as referring to those which are applicable in each case, in accordance with the new structure of the ministerial departments established by the Royal Decree. 415/2016, dated November 3.

Final disposition first. Amendment of Royal Decree 640/2014 of 25 July, which regulates the State Register of Health Professionals.

Royal Decree 640/2014 of 25 July, which regulates the State Register of Health Professionals, is amended as follows:

One. A new paragraph (v) is added to Article 5 with the following wording:

"v) Resolutions of partial access to a professional activity."

Two. A new paragraph (v) is added to Annex I with the following wording:

"v) Resolutions of partial access to a professional activity."

Final disposition second. Incorporation of European Union law.

By this royal decree, Directive 2013 /55/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005 /36/EC of 7 September 2013 on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ('IMI Regulation ').

Final disposition third. Standards for the development and updating of attachments.

1. The co-proposing ministers of this royal decree, without prejudice to the provisions of the autonomous communities in the field of their powers, may lay down detailed rules for the development and implementation of the provisions of the Treaty. same.

2. The Annexes to this royal decree shall be updated, when necessary, by the Order of the Minister of the Presidency and the Territorial Administrations, on a joint proposal from the Minister or Ministers responsible for the matter and the Minister for Economic Affairs, Industry and Competitiveness, to be adopted before the report to the Government's Delegation for Economic Affairs.

The updating of the Annexes relating to regulated professions should be carried out within one year of the establishment of the Inter-Ministerial Commission referred to in Article 81.

Final disposition fourth. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.30. of the Spanish Constitution, which attributes to the State exclusive powers to establish the conditions for obtaining, issuing and approving academic and professional qualifications.

Final disposition fifth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given at the Embassy of Spain in Astana, on June 9, 2017.

FELIPE R.

The Vice President of the Government and Minister of the Presidency and for Territorial Administrations,

SORAYA SAENZ DE SANTAMARIA ANTON