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Royal Decree 309/2005, 18 March, Amending Royal Decree 285/2004, Dated February 20, By Which Regulated The Conditions Of Approval And Recognition Of Diplomas And Foreign Higher Education Studies.

Original Language Title: Real Decreto 309/2005, de 18 de marzo, por el que se modifica el Real Decreto 285/2004, de 20 de febrero, por el que se regulan las condiciones de homologación y convalidación de títulos y estudios extranjeros de educación superior.

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TEXT

By Royal Decree 285/2004 of 20 February, the new regulation of the conditions for the approval and validation of foreign studies of higher education has been carried out in accordance with the provisions of the contained in Article 36 of the Organic Law 6/2001, of 21 December, of Universities. The stated rule stated in its final provision a fourth entry into force of six months after its publication in the "Official Gazette of the State". Subsequently, by means of Royal Decree No 1830/2004 of 27 August, a new period of six months was approved for the entry into force of the articles corresponding to the approval of foreign education diplomas. superior to Spanish university academic degrees and to the technical committees established to adopt reasoned reports of the applications for approval submitted by the interested parties. This further delay brought on the one hand the advanced state of proceedings in which at that time the rules were found which, pursuant to the provisions of Title XIII of the abovementioned law, would have to regulate the new structure. The Committee of the European Commission is of the view that the Commission's proposal for a directive on the protection of the environment and the protection of the environment in the field of human resources must be taken into account in the light of the constitution and guardianship. Published in the Official Gazette of the State of the day 25 January 2005, the Royal Decrees 55/2005 of 21 January, establishing the structure of university teaching and regulating the official university studies of Grade, and 56/2005, of 21 January, for which the official university studies of Pograd are regulated, it is advisable to undertake certain forecasts contained in them with the text of Royal Decree 285/2004, of 20 February, to procure a more harmonious between those and these, while laying down the rules that will govern in the period a transitional period in which the current system of teaching will be progressively replaced by the new one. In this order of things, and taking into account the new regulation of the official studies of Posgrad, it is more consistent with the principles that inspire the attribution to the Spanish university of the competences on the approval of those foreign qualifications corresponding to that level of teaching, with the exception of the Master's degrees referred to in Article 8.3 of Royal Decree 56/2005 of 21 January, governing the official university studies of Postgraduate, which, by integrating the Catalogue of official university degrees, will be governed by Section 1 of Chapter II of Royal Decree 285/2004 of 20 February 2004. Secondly, and as far as the technical committees are concerned, reasons of opportunity, operability and effectiveness in the availability of means make it advisable to be dependent on the Council of University Coordination, through its General Secretariat. This royal decree has been informed by the Council of University Coordination. In its virtue, on the proposal of the Minister of Education and Science, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of March 18, 2005,

D I S P O N G O:

Single item. Amendment of Royal Decree 285/2004 of 20 February on the conditions for the approval and validation of foreign certificates and studies of higher education.

Royal Decree 285/2004 of 20 February, which regulates the conditions for the approval and validation of foreign certificates and studies of higher education, is amended in the following terms: Article 1 (a) and (b) shall be worded as follows:

" (a) The conditions and the procedure for the approval of higher education diplomas, obtained according to foreign educational systems, to the corresponding Spanish titles of the Catalogue of university degrees In the case of the Commission, the Court of State held that, in the case of the Court of Law, the Court of State held that the Court of State held that the Court of State held that the Court of Grade officers. (b) the conditions and the procedure for the approval of higher education diplomas, obtained in accordance with foreign education systems, to the academic degrees corresponding to the official studies of Grade, Master and Doctor in the aforementioned Royal Decree 55/2005 of 21 January. '

Two. Article 5 (3) shall be deleted.

Three. Article 9 (2) is worded as follows:

" 2. The approval of a Spanish certificate of Licentide, Architect or Engineer, or one of the degrees of degree to be established in accordance with Royal Decree 55/2005, of 21 January, establishing the structure of the university teaching and Formal undergraduate studies are regulated, requiring the foreign title to permit access to official postgraduate studies in the country of origin. "

Four. Article 10 is worded as follows:

" Article 10. Technical committees.

1. The approval decisions shall be adopted after a reasoned report issued by the technical committees appointed by the General Secretariat of the University Coordination Council. 2. The Council for University Coordination shall decide the general criteria for action by the technical committees, which may be assisted by expert consultants for the evaluation of the dossiers. "

Five. Article 11 shall be deleted.

Six. Section 2. of Chapter II is referred to as "APPROVAL AT THE ACADEMIC LEVEL CORRESPONDING TO THE OFFICIAL UNIVERSITY STUDIES OF GRADE". Seven. Article 18 (1) is worded as follows:

" 1. An application for the approval of foreign certificates of higher education than the academic degree corresponding to the official degree studies in Royal Decree 55/2005 of 21 January, establishing the structure of the institutions, may be requested. University teaching and the degree of formal university studies. "

Eight. Article 19 (2) is worded as follows:

" 2. For the approval of the Spanish academic degree corresponding to the official studies of Grade, the foreign title must allow access to official postgraduate studies in the country of origin. "

Nine. Section 3 of Chapter II is referred to as ' APPROVAL AND RECOGNITION OF OFFICIAL HIGHER EDUCATION CERTIFICATES ISSUED IN A MEMBER STATE OF THE EUROPEAN UNION

.

Ten. Section 4 is inserted in Chapter II, with the following wording:

" Section 4. Approval of graduate degrees and academic degrees

Article 22a. Scope of the approval.

This section regulates the approval of foreign certificates of higher education: (a) The current degree and degree of Doctor, as long as its replacement is produced by the one provided for in Royal Decree 56/2005, of 21 January, for which regulate the official university studies of Postgraduate. (b) the new official titles of Master and Doctor to be established in accordance with the said Royal Decree 56/2005 of 21 January, except for the Master's titles referred to in Article 8.3, the approval of which shall be processed in accordance with the provisions of this Regulation; Section 1 of Chapter II of this royal decree. c) The academic degree of Master.

Article 22b. Competence, requirements and procedure.

1. The rectors of the Spanish universities shall be responsible for the approval of Spanish postgraduate degrees and degrees referred to in the previous article. 2. The procedure shall be initiated by application of the person concerned, addressed to the rector of the university of his choice, accompanied by the documents to be determined by the criteria approved by the Council of University Coordination. 3. The decision shall be taken by the rector of the university on the basis of a reasoned report from the competent body in the field of post-graduate studies, taking into account the criteria set out in Articles 9 and 19, in so far as they are applicable, and the causes of exclusion referred to in Article 5. The decision may be favourable or unfavourable to the approval requested. 4. The grant of approval shall be credited by the appropriate credential issued by the rector of the university, in accordance with the model determined by the University Coordination Council, and the foreign title shall be stated in it. possessed by the person concerned. Prior to their issue, the university shall communicate it to the General Subdirectorate of Titles, Convalidations and Homologations of the Ministry of Education and Science, for the purposes of its registration in the special section of the National Register of securities referred to in Article 16.3. 5. Approval may not be applied for at the same time in more than one university. The foreign title which has already been approved may not be submitted for approval to another university. However, where the approval is refused, the person concerned may initiate a new file at a different Spanish university. 6. The approval of the title of Posgrad shall not, in any event, involve the approval or recognition of the foreign degree of Grade or equivalent academic level of which the person concerned is in possession. "

Once. The single transitional arrangement becomes the first transitional provision, and a second paragraph is added to it with the following wording:

" However, those interested in the approval procedures for the title of Doctor on which there has not yet been a final decision may expressly desist from their requests to the Ministry of Education and Science, in order to apply for approval before the university of its choice, in accordance with Article 22b. '

Twelve. A second transitional provision is added with the following wording:

" Second transient disposition. Approval of the academic degrees of Diplomacy and Licentiate.

1. Until the date provided for in the second paragraph of the fourth final provision for the entry into force of the approval procedure for the academic degrees corresponding to the official Grade and Master studies, the 2. These applications may be submitted from 1 April 2005 and shall be processed and resolved in accordance with the provisions of Articles 18, 19 and 20. '

Thirteen. A second paragraph is added to the fourth final provision, with the following wording:

" The type-approval procedure referred to in Articles 1 (b), (3) (b), 18, 19, 20 and 22 (c) shall enter into force on the date on which the renewal of the catalogue of university degrees has been completed. In accordance with the provisions of paragraph 3 of the first provision of Royal Decree 55/2005 of 21 January 2005 establishing the structure of university teaching and regulating official university studies, the Commission has taken the necessary measures to ensure that "Grade."

Additional disposition first. Adaptation to the new name of the department.

All references to the Minister and the Ministry of Education, Culture and Sport, contained in Royal Decree 285/2004 of 20 February, will be understood as referring to the Minister and the Ministry of Education and Science.

Additional provision second. Performance assessment.

Within one year of the completion of the process of renewal of the Catalogue of official university degrees, in accordance with the provisions of paragraph 3 of the first provision of Royal Decree 55/2005, January 21, which establishes the structure of university teaching and regulates formal undergraduate studies, the National Agency for Quality Assessment and Accreditation will evaluate the functioning of the university. approval of foreign securities carried out by the universities, according to the criteria to be established by the University Coordination Council.

Single transient arrangement. Transitional arrangements.

All applications for the approval of foreign certificates of higher education filed from 1 March 2005 will be processed and resolved in accordance with the provisions of this royal decree.

Final disposition first. Competitive titles.

This royal decree is dictated by the provisions of the first paragraph of Article 149.1.30. of the Spanish Constitution and in accordance with the provisions of Article 36 of the Organic Law 6/2001 of 21 December 2001. Universities, and it is applicable throughout the national territory.

Final disposition second. Regulatory development.

It is up to the Minister of Education and Science and the universities, in the field of their respective competences, to lay down the rules necessary for the development and implementation of what is established in this royal decree.

Final disposition third. Entry into force.

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

Given in Madrid, on March 18, 2005.

JOHN CARLOS R.

The Minister of Education and Science, MARÍA JESÚS SAN SEGUNDO GÓMEZ DE CADINANOS