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Order Pre / 572/2006 Of 28 February, Which Develops Royal Decree 1665/1991, Of 25 October, Regulating The General System Of Recognition Of Diplomas Of Higher Education Of The Member States Of The European Union And Other State...

Original Language Title: ORDEN PRE/572/2006, de 28 de febrero, por la que se desarrolla el Real Decreto 1665/1991, de 25 de octubre, regulador del sistema general de reconocimiento de títulos de Enseñanza Superior de los Estados miembros de la Unión Europea y otros Estados...

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Royal Decree 1665/1991, of 25 October, (Official Gazette of the State of 22 November), as amended by Royal Decree 1754/1998 of 31 July; Royal Decree 411/2001 of 20 April and Royal Decree 1171/2003 of 12 July 2003. The general system for the recognition of diplomas in higher education in the Member States of the European Union, which requires a Member State, is governed by the provisions of Directive 89 /48/EEC of the Council of the European Communities. minimum training of three years ' duration. The transposition rules contained in the aforementioned Royal Decree 1665/1991 allow nationals of Member States of the European Union with professional qualifications obtained in another Member State, similar to those required in the Spain to exercise a regulated activity, can access it in our country under the same conditions as those who have obtained a Spanish title. According to the provisions of the aforementioned Royal Decree 1665/1991, the Ministry of Industry and Energy is responsible for verifying the correspondence between the titles which allow access to the exercise of the professions of Physical, Chemical, Industrial Engineer, Mining Engineer, Naval Engineer, Industrial Technical Engineer, Technical Engineer of Mines, Technical and Naval Technical Engineer of Companies and Tourism Activities and those obtained in other Community States by those (a) nationals of Member States applying for the same activity in Spain, as well as regulation of the appropriate compensation mechanisms provided for in cases where the training acquired in another Member State comprises matters substantially different from those required in Spain or where there is no correspondence between them. professional activities. The Order of 2 October 1995 (Official Gazette of the State of 7 October 1995) develops Royal Decree 1665/1991 of 25 October 1991 on the general system for the recognition of higher education diplomas in the Member States of the Community European, which require a minimum of three years ' training, in respect of the professions referred to in the preceding paragraph. Royal Decree 553/2004 of 17 April, restructuring of the ministerial departments (Official Gazette of the State of 18 April), suppresses the Ministry of Science and Technology and creates the Ministry of Industry, Tourism and Trade, the Ministry of Economy, through the Secretariats of State of Trade and Tourism and Energy, Industrial Development and Small and Medium Enterprises, with the exception of the corresponding to the Directorate-General for International Financing and those relating to prices, tolls and regional incentives. It will also assume the subjects attributed to the Ministry of Science and Technology, through the Secretariat of State of Telecommunications and the Information Society. Royal Decree 1554/2004 of 25 June 2004 (Official Journal of the State of 26 June), for which the basic organic structure of the Ministry of Industry, Tourism and Trade and, in particular, Article 11 1 is developed. (o) giving the Technical General Secretariat the processing and proposal for the resolution of the procedures for the recognition of professional qualifications issued by the Member States of the European Union and other States which are signatories to the Agreement on the European Economic Area, in respect of the professions relating to the Department, in accordance with the specific rules in the field, and more specifically Article 11 (2) thereof. (g) which attributes to the Subdirectorate-General for Resources, Claims and Relations with the Administration of Justice the functions described in paragraph 1 (o) of that Article 11. Directive 2001 /19/EEC of the European Parliament and of the Council of 14 May 2001 on the transposition of Spanish law by Royal Decree 1171/2003 of 12 September 2003 (Official Journal of the State of 19 September) mobility of professionals within the scope of the Member States of the European Union or parts of the Agreement on the European Economic Area, amending Directive 89 /48/EEC, first of the general system, in which it introduces, on the one hand, the 'regulated training', which was first covered by Directive 92/51/EEC, the second part of the general system and, on the other hand, the possible waiver of the aptitude test, where it is, in principle, appropriate. The ministerial restructuring produced as a result of Royal Decree 553/2004 of 17 April and the transposition of Directive 2001/19/2003 of the European Parliament and of the Council of 14 May 2001 under Royal Decree 1171/2003, of September 12, which states in its final disposition that " it is up to the co-proposing ministers of this royal decree, without prejudice to what the autonomous communities have in the field of their powers, to dictate how many provisions are precise for the development and execution of the provisions in the ", make necessary the approval of this Order which, in the light of these amendments, instructs the procedure to which the processing of the application files for recognition of diplomas must be adapted. In its virtue, according to the final provision of Royal Decree 1665/1991 of 25 October 1991 and the final provision of Royal Decree 1171/2003 of 12 September 2003, the Professional Colleges or General Councils concerned, with the approval of the Minister of Public Administrations, on a proposal from the Minister of Industry, Tourism and Trade and the Minister of Education and Science, I have:

First. The purpose of this Order is the development of Royal Decree 1665/1991 of 25 October 1991 regulating the general system for the recognition of higher education diplomas of the Member States of the European Union and other States parties to the European Economic Area, signed on 2 May 1992 and ratified by Spain on 26 November 1993, which require a minimum of three years ' training in respect of the professions of physical, chemical, Industrial Engineer, Mines Engineer, Telecommunications Engineer, Naval Engineer, Technical Engineer Industrial, Technical Engineer of Mines, Technical Engineer of Telecommunications, Technical Engineer of Naval and Technical of Companies and Tourism Activities and of Royal Decree 1171/2003, of September 12, in what it modifies to that.

Second. Scope of application.

1. The processing of applications for the recognition of higher education diplomas of the Member States of the European Union and other States parties to the Agreement on the European Economic Area, which require a minimum of three years of training duration and power for the exercise of a regulated profession, the resolution of which corresponds to the Ministry of Industry, Tourism and Trade, shall be governed by the provisions of Royal Decree 1665/1991 of 25 October 1991 and in this Order.

2. The applications referred to in the preceding number shall be such as to ensure that certificates issued in other Member States to nationals of countries of the European Union and other States parties to the European Economic Area shall be According to the cases, with those that allow in Spain the exercise of the professions of Physical, Chemical, Industrial Engineer, Engineer of Mines, Telecommunications Engineer, Naval Engineer, Industrial Technical Engineer, Technical Engineer Mines, Technical Engineer of Telecommunications, Technical Engineer Naval and Technical of Companies and Tourist activities, as well as the empowerment of the holders of the respective titles for the exercise of the corresponding professional activities.

Third. Initiation of the procedure.

1. The recognition procedure shall be initiated by application by the person concerned, addressed to the holder of the Secretariat for Industry, Tourism and Trade, according to the model published as an Annex to this Order. This application model will be available on the website of the Ministry of Industry, Tourism and Trade.

2. Applications may be filed in the General Register of the Ministry of Industry, Tourism and Trade or any of the means provided for in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of the Administrations Public and the Common Administrative Procedure.

Fourth. Requests for recognition.

1. Applications for recognition of diplomas awarded in other Member States shall be accompanied by the following documentation: Title or diploma of academic training of a higher level and professional title, if any.

Academic certification of studies carried out by the applicant for obtaining the title, including the duration of the studies in academic years and the subjects submitted and, where appropriate, their time load In the case of a person who is a member of the European Union, he or she is a member of the European Union.

Where the qualification or diploma of training has been issued in a Member State of the European Union in which the profession of the applicant is regulated, it must be stated in the certificate that the training has been acquired mainly in the Union. Where the Member State of origin, which regulates the profession, has recognised the certificate issued in a third country, the accreditation by that Member State shall be accompanied by the fact that the holder has a minimum professional experience of three years. years.

Where in the Member State which issued the certificate the profession concerned is not regulated, a document certifying, issued by the competent authority, having exercised the profession in that State or another This is not the case for two years, or for two years, in full time, in the course of the previous ten. However, the two years of professional experience referred to in the preceding paragraph shall not be required, where the title or evidence of formal qualifications of the applicant is punishable by a regulated training, as defined in Article 1 (f) of the Royal Treaty. Decree 1665/1991 of 25 October 1991, as amended by Royal Decree 1171/2003 of 12 September 2003.

Curriculum, if any.

Current official document proving the identity and nationality of the applicant.

The certification presentation of the competent authority of the country of origin may also be required, stating that the applicant is a professional who meets the requirements laid down in Directive 89 /48/EEC for exercise the regulated profession and is not disabled for it.

2. Documents issued by the Member State of origin shall be accompanied by a corresponding official translation into the Spanish language.

Fifth. Formalities of the documentation. -The original documents may be accompanied by their photocopy and will be returned to the interested parties once their authenticity has been verified. If the photocopy is already collated by the diplomatic or consular representations of Spain in the country from which the document originates, or by another person or entity that has the authority to establish its authenticity, it will not be necessary. the simultaneous presentation of the original.

No legalisation shall be required by diplomatic means or apostille of the Hague Convention on documents issued by the authorities of the Member States of the European Union or other States signatory to the Agreement on Space European Economic.

Sixth. Instruction.

1. The examination of the documentation provided will be carried out by the Subdirectorate General of Resources, Claims and Relations with the Administration of Justice of the Ministry of Industry, Tourism and Commerce, for the purpose of the recognition of the title for the exercise of the respective profession in Spain.

2. If the application or the documentation submitted is incomplete or does not meet the requirements laid down in this Order, in accordance with Article 71 of Law No 30/1992 of 26 November, the person concerned shall be granted the period of 10 days. to address the deficiencies. If such deficiencies are not remedied, the applicant and the Deputy Director-General for Resources, Claims and Relations with the Administration of Justice of the Ministry of Industry, Tourism and Commerce will be resolved to resolve the file. of the application, notifying the person concerned by express decision. 3. In the event that the existence in Spain of another profession is appreciated more in line with the training of the applicant, the Subdirectorate General of Resources, Claims and Relations with the Administration of Justice will notify this circumstance to the interested, within 30 days of the submission of its complete documentation, in order to enable it to amend its application, for the purposes of the exercise of the profession concerned. In such a case, the applicant shall have a period of 15 days to express if he waives his previous application, by writing to the Technical Secretary General of the Ministry of Industry, Tourism and Trade, understanding that he maintains it, in the case of the expiry of that period without having made the waiver.

Seventh. Processing of applications.

1. The documentation shall be completed, where appropriate, as appropriate, reports from the management centres of the General Secretariat of Industry, the Secretariat of State for Telecommunications and the Information Society and the Secretariat. General of Tourism, as well as, exceptionally, of the Ministry of Education and Science and of the corresponding Professional College or General Council, for the purpose of comparing the training required in Spain with that received by the applicant and the field of professional activities to which the title is entitled in one or another Member State. The comparison will be made on the basis of the subjects considered essential for the exercise of each profession.

2. Reports will be delivered in one of the following ways:

a) Favorable to the recognition of the title, for professional purposes.

(b) Demand for the improvement of an aptitude test or a traineeship. c) Unfavourable to the recognition of the title, with due motivation.

3. Before making the motion for a resolution, the hearing procedure laid down in Article 84 of Law No 30/1992 of 26 November 1992, which shall not be less than 10 days and not more than 15 days, shall be taken. Eighth. Resolution.

1. Requests for recognition shall be made by the Secretary-General of the Department, who shall decide on a reasoned basis in one of the following directions: (a) The direct recognition of the title, for professional purposes, with the holder remaining This is the case for the exercise in Spain of the relevant activities.

(b) Demand for the improvement of an aptitude test or a traineeship. In this case, the non-covered materials which must be the subject of such proof shall be indicated, as well as the modalities and duration of the proposed traineeship. c) The dismissal of the application.

2. In cases where the imposition of countervailing measures, as referred to in paragraph (b) above, is deemed necessary, the competent authority shall, before adopting a final decision, analyse whether the knowledge acquired by the competent authority is applicant in the course of his/her professional experience fully or partially compensate for the materials not covered by the training received by the applicant.

3. Where the decision referred to in paragraph (b) of the first subparagraph is given. it is necessary for the person concerned, within one month of the notification of the decision, to express his decision to submit to an aptitude test or to carry out a period of practice on the terms which, respectively, are regulated in the the following numbers and to exceed that test or period of practice which, in any case, shall be carried out at the request of the person concerned.

Ninth. The aptitude test.

1. Within one month of the submission of the person's letter requesting the aptitude test, the Subdirectorate-General for Resources, Claims and Relations with the Administration of Justice shall notify the applicant of his admission to the test, indicating the period of time for which the test will take place, without it being able to start before three months or after one year after receipt of the notification. Within the same time limit set for the notification, that administrative unit shall forward to the body referred to in the following paragraph the relevant information to enable it to make proposals for the appointment of the members of the Commission of Assessment. Those proposals, together with the necessary information, shall be sent to the appropriate professional body, in advance of not less than one month on the date on which the aptitude test may take place, which shall be acknowledged. The referral letter shall indicate a period of not less than 10 days for the evacuation of consultations on the appointment of members of the Evaluation Committee and for proposing a representative of the corporation in that Commission.

2. The aptitude test, which shall consist of an examination of the applicant's professional knowledge, shall cover only subjects not covered by the training received by him and whose knowledge is essential for the exercise of the profession in Spain. It may also include knowledge of the ethics applicable to the activities of the profession.

10th. The Evaluation Committee.

1. The Commission of Evaluation of the aptitude test shall have as its functions the design of the examination in which this test consists and, in the light of the result, the positive or negative assessment of the applicant's fitness for the professional exercise in Spain.

2. The Evaluation Commission, which will be responsible for the Technical General Secretariat, shall be composed of the following members:

The President, who will be the Technical Secretary General, who can be replaced by the Deputy Director General of Resources, Claims and Relations with the Administration of Justice.

The Secretary, who will be appointed by the Technical Secretary General among the officials of the Subdirectorate General of Resources, Claims and Relations with the Administration of Justice. Two vowels, officials of the Ministry of Industry, Tourism and Trade, who are in possession of the qualification which he enables in Spain for the exercise of the profession covered by the application, appointed on a proposal of the higher organ of the Department, the functions of which are more closely linked to the subjects which are the subject of knowledge of the qualifications requested. A vowel proposed by the General Secretariat of the Council of University Coordination among officials of the university teaching bodies to exercise teaching in areas of knowledge related to subjects of the test. A vowel proposed by the Professional College or the corresponding General Council of its members.

Each of the designated centers or corporations will propose an alternate vowel to replace the holder in the cases of absence or illness of the latter.

The members of the Evaluation Committee will be appointed by the head of the Secretariat for Industry, Tourism and Commerce. In the case of 15 days before the earliest date on which, in accordance with paragraph 1 of this point, the aptitude test may take place, the voice of the relevant College may not have been proposed. Professional or General Council, the appointment of the said vowel shall not proceed. 3. The members of the Evaluation Committee, to which Royal Decree 462/2002 applies, of 24 May, on compensation for the service, may receive amounts in respect of assistance for their participation in the fitness, in accordance with the provisions of that provision. 4. The functioning of the Evaluation Committee shall be governed by the provisions of the Law on the Legal Regime of Public Administrations and the Common Administrative Procedure. 5. The Secretary of the Evaluation Committee shall call upon the person concerned to carry out the aptitude test, at least thirty days in advance, by announcing the date, time and place of the examination and always in the period of time to which it refers. the ninth point 1. 6. Within a period of no more than five days from the date fixed for the aptitude test, the Registrar of the Commission shall forward the minutes on which the result of the aptitude test is recorded, with the qualification of 'fit' or 'unfit', obtained by the decision majority of the members of the Commission, the Technical Secretary-General, who shall forward it to the holder of the Secretariat for Industry, Tourism and Trade for the purpose of giving the decision as appropriate within 15 days. Those interested in the notification of a demestimatory resolution motivated by the qualification of 'unfit' may repeat the test for one time only, within two years. The new test shall take place without a period of less than six months or more than one year from the date on which it is requested, in writing to the Technical Secretary-General. The procedure laid down in this point shall be followed for the purposes of the new test.

11th. The traineeship period.

1. The period of professional practice, to which the applicant may choose in the terms laid down in Articles 1 (d) and 7. of Royal Decree 1665/1991, shall be adapted to a specific programme whose modality and duration shall be determined by the Subdirectorate-General of Resources, Claims and Relations with the Administration of Justice of the Ministry of Industry, Tourism and Commerce, in exceptional cases, with the Technical Secretariat of the Ministry of Education and Science, heard the corporation State-wide professional.

2. Within one month from the date of filing of the written option of the data subject requesting to undergo a period of practice, the Subdirectorate General of Resources, Claims and Relations with the Administration of Justice of the Ministry of Industry, Tourism and Trade shall consult the relevant Professional College or General Council, in relation to the proposal of the person concerned on the professional to be responsible for the period of practice. If within 15 days the consulted corporation fails to make the reply, the hearing shall be deemed to have been fulfilled. Before two months elapse after the application has been submitted by the person concerned, the Subdirectorate-General for Resources, Claims and Relations with the Administration of Justice shall notify him of the programme and the appointment of the professional responsible for the practices. This notification shall begin to contain the duration of the notification. The designation referred to in the preceding paragraph shall be entitled to a title of the relevant speciality, voluntarily entered in a list for that purpose, which shall be carried out by each of the professional associations or general councils concerned. These corporations must update it, at least annually, and give their content to the Subdirectorate General for Resources, Claims and Relations with the Administration of Justice of the Ministry of Industry, Tourism and Commerce. 3. The period of practice of the person concerned shall take place in the establishment and under the responsibility and evaluation of the designated professional in accordance with the preceding paragraph. The term of practice of the profession may not exceed three years, as determined in Article 1 (d) of Royal Decree 1665/1991, in the case of the professions of Physical, Chemical, Industrial Engineer, Mining Engineer, Engineer of Telecommunications, Naval Engineer, not two years if it is the professions of Industrial Technical Engineer, Technical Engineer of Mines, Technical Engineer of Telecommunications, Technical Engineer Naval and Technical of Companies and Tourism Activities. During the course of the traineeship, the Subdirectorate-General for Resources, Claims and Relations with the Justice Administration of the Ministry of Industry, Tourism and Trade may agree to interviews with the interested party and the responsible or other means of inspection to verify compliance with the established programme. 4. The period of practice shall be completed, the professional who has been responsible for the applicant's practices shall forward, within one month, the Subdirectorate-General for Resources, Claims and Relations with the Administration of Justice of the Ministry of Industry, Tourism and Trade, certificate of compliance or non-compliance with the prescribed program. In the light of the certificate attesting to the performance of the programme, a decision shall be made within one month to enable the relevant professional activity to be carried out. If the certificate is non-compliant, the person concerned may apply for a new period of practice. For the implementation of the new traineeship, the procedure laid down in this point shall be followed.

12th. Appeals. -Against the decisions rendered in this Order, the Minister of Industry, Tourism and Trade may appeal to the Minister of Industry. Thirteenth. Deadlines.

1. The reports necessary for the resolution of applications must be issued within a maximum of one month.

2. The procedure for examining and resolving a request for the exercise of a regulated profession shall be for a maximum of four months from the date of the submission of the complete documentation, in accordance with the provisions of Article 8.2. of Directive 89 /48/EEC. 3. The requests for recognition referred to in this Order, in which there is no longer-term resolution, may be understood to be rejected for the purposes of the action to be taken, in accordance with the provisions laid down in the provision. The second part of Law 14/2000, of 29 December, of Fiscal, Administrative and Social Order Measures, in conjunction with the provisions of Article 43.2 of Law 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. This does not preclude the obligation to issue an express judgment, as provided for in Article 43.4 of Law No 30/1992.

Repeal provision. Regulatory repeal.

The provisions of the same or lower rank are hereby repealed, in so far as they are contrary to this Order and, in particular, the Order of 2 October 1995.

Final disposition first. Application instructions.

The holder of the Secretariat for Industry, Tourism and Commerce is hereby authorized to issue the precise instructions for the application of this Order.

Final disposition second. Entry into force.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 28 February 2006.

FERNANDEZ de la Vega Sanz

Mr. Minister of Industry, Tourism and Commerce and Mrs. Minister of Education and Science.