Directive 1999 /42/EC of the European Parliament and of the Council of 7 June 1999, whose receipt in the Spanish legal order is the subject of this royal decree, constitutes an unavoidable consequence of two of the freedoms (a) the basic principles of the Community system, the freedom of establishment and the freedom to provide services, in relation to those occupational activities which do not fall within the scope of two preceding Directives: Council Directive 89 /48/EEC of 21 December 1988 on a general system of recognition of higher education diplomas awarded on completion of professional training of a minimum duration of three years (OJ L 19 of 24 January 1989), the transposition of which was carried out by Royal Decree 1665/1991 of 25 October 1991, on the recognition of higher education diplomas of nationals of Member States who require a minimum of three years of training.

This royal decree was subsequently amended by the following provisions: Royal Decree 767/1992, of 26 June, by which it is included in the Annexes

to Royal Decree 1665/1991 of 25 October 1991, the profession of Technician of Companies and Tourism Activities; Royal Decree 2073/1995 of 22 December 1995 amending Royal Decree 1665/1991 of 25 October 1991, for the adapting it to the entry into force of the Agreement on the European Economic Area of 2 May 1992; Royal Decree 1754/1998 of 31 July 1998 incorporating Directives 95 /43/EC and 97 /38/EC into Spanish law and amending the Annexes to the Royal Decrees 1665/1991 of 25 October 1991 and 1396/1995 of 4 August 1995 and Royal Decree 411/2001 of 20 April, which excludes the profession of general nurse with a specialty in the annexes to Royal Decree 1665/1991 of 25 October. And, on the other hand, Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional training (OJ 1992 L 209 of 24 July 1992), which was transposed by Royal Decree 1396/1995 of 4 March 1992, August, which regulates a second general system for the recognition of professional training of the Member States of the European Union and of the other States which are signatories to the Agreement on the European Economic Area (1994) and complements the established in Royal Decree 1665/1991 of 25 October 1991.

This royal decree was subsequently amended by Royal Decree 1754/1998 of 31 July, incorporating into Spanish law Directives 95 /43/EC and 97 /38/EC and amending the Annexes of the Royal Decrees 1665/1991, of 25 October, and 1396/1995 of 4 August 1995.

It is therefore necessary to incorporate into Spanish law the rules allowing the application of the provisions of Directive 1999 /42/EC, taking into account that their regulation applies only to nationals of a Member State which is propose to exercise, on their own or as an employed person, one of the professional activities that has been regulated in Spain.

For the elaboration of this royal decree an extensive round of consultations has been carried out, in which it has been requested to appear on the task of transposition to the different competent ministerial departments for the reason of the (a) the most representative social partners and the Autonomous Communities.

Also, the Economic and Social Council participated in this task.

As a result of this shared task, the transposition rules which are now approved will allow the removal of obstacles which may still exist for free movement and freedom of establishment at Community level. citizens of the Member States who are in possession of the professional qualifications or qualifications indicated, to which the provisions of the Royal Decrees 1665/1991 of 25 October, or 1396/1995 of 4 August 1995 do not apply. cited. For a better understanding of the field affected by both Directive 199 /42/EC and this standard of incorporation, Annex A to the Directive itself is included as an annex to the Directive, which includes the list of activities included in the Directive. scope of application.

In addition, the additional provisions of this royal decree introduce a number of detailed amendments to the Annexes to the regulated professions of the Royal Decrees 1665/1991 of 25 October and 1396/1995 of 4 August 1995. mainly, in order to incorporate new professions created after the date of approval of such standards.

Finally, given that the Directive now transposed repeals a number of previous Directives, the contents of which are replaced by those of the new Directive, it is necessary to amend or repeal the actual decrees to transpose the repealed Directives.

In its virtue, on the proposal of the Ministers of Education, Culture and Sport, of Development, of Labor and Social Affairs, of Agriculture, Fisheries and Food, of Health and Consumption, of Economy and of Science and Technology, according to the Council of State and prior deliberation of the Council of Ministers at its meeting on 28 February 2003,

D I S P O N G O:

CHAPTER I

Scope

Article 1. Objective and subjective scope.

1. This royal decree regulates the right of establishment and the freedom to provide services the holders of which are intended to exercise in Spain, be they self-employed or otherwise, any of the activities listed in Annex A to Directive 1999 /42/EC, which is reproduced in the annex to this royal decree.

2. They are holders of the right of establishment and the freedom to provide services in Spain of the activities listed in the Annex (hereinafter referred to as beneficiaries), both natural persons and nationals of a Member State of the European Union. or of other States parties to the Agreement on the European Economic Area (Oporto, 2 May 1992, ratified by Spain on 26 November 1993), as the companies mentioned in Title I of the general programmes for the abolition of restrictions on the freedom of establishment and the freedom to provide services, approved by the Council of the European Economic Community on 18 December 1961 (Official Journal No 2 of 15 January 1962).

3. The rules laid down in this royal decree shall apply to the activities listed in the Annex, provided that they do not fall within the scope of Royal Decree 1665/1991 of 25 October 1991 on the recognition of higher education diplomas Member States which require a minimum of three years of training, or of Royal Decree 1396/1995 of 4 August 1995 governing a second general system for the recognition of professional training in the Member States of the European Community. the European Union and the other States signatory to the Agreement on the European Economic Area, and complements the provisions of Royal Decree 1665/1991 of 25 October 1991.

Article 2. General requirements.

1. The exercise of those activities of the Annex which are regulated in Spain shall be subject to compliance with the requirements set out in Articles 4 to 12 of this royal decree which are applicable to them.

2. The requirements referred to in the preceding paragraph in respect of tests, adaptation courses or certificates required for the pursuit of activities in Spain shall be applicable only in the case of the development of a the activity or regulated profession for which specific training requirements are required.

3. Where, for the purposes of the exercise of those activities in the Annex, other requirements are required, the right of establishment and the freedom to provide services shall be carried out in accordance with the same conditions and conditions, and with the same rights as the Spanish.

Article 3. Activities excluded.

The provisions of this royal decree will not apply to games of luck, send or chance, bets and random combinations, as they are not considered included in paragraph 3 of list VI of the first part of the annex (group 843 CITI, recreational services not included elsewhere), which are governed by their special legislation.

CHAPTER II

Recognition of diplomas awarded by another Member State equivalent to the respective Spanish title

Article 4. Material scope of the regulated diplomas.

For the exercise of regulated professions, the diplomas, certificates or diplomas awarded by a Member State which they have the right to pursue in the same profession as those listed in Article 1 are recognised in Spain. the first part of the Annex, provided that the provisions of Royal Decrees 1665/1991 of 25 October 1991 or 1396/1995 of 4 August 1995 do not apply to them and subject to the provisions of the following Articles.

Article 5. Comparative examination of diplomas.

1. The competent Spanish authorities shall carry out a comparative examination of the knowledge and competence of the diplomas, certificates and other evidence of formal qualifications obtained in order to pursue such activities elsewhere in the Community, and those who demand the Spanish rules.

2. If such a comparative examination makes it possible to deduce that the knowledge and skills accredited by a diploma, certificate or other diploma issued by another Member State correspond to those required by the Spanish provisions, the the right to exercise the activity in question.

3. If, on the other hand, the comparative examination reveals a substantial difference, the competent authorities must provide the beneficiary with the possibility of proving that he has acquired the knowledge and qualifications that he lacked. In this case, those authorities shall leave the applicant the option between the adaptation course and the aptitude test, in the terms covered by Articles 9, 10, 12, 19 and 20 of Royal Decree 1396/1995 of 4 August 1995.

Article 6. Course of adaptation or aptitude test.

By way of derogation from the foregoing Article, the competent authorities may require a course of adaptation or an aptitude test where the beneficiary intends to pursue professional activities on his own or in quality of a company manager, included in the first part of the Annex, requiring the knowledge and application of specific national provisions in force, in so far as such requirements are required of Spanish nationals for access to to such activities.

CHAPTER III

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

Article 7. Material scope of the regulated activities.

When access to one of the activities listed in the Annex or its exercise is subject to the possession of general, commercial or professional knowledge and skills, in the terms required by the regulations specific to the activities regulated in Spain, the competent authorities shall accept as sufficient proof of such knowledge and skills the effective exercise of the activity in question in another Member State.

In the case of an activity whose equivalent is included in the first part of the Annex, that exercise must have been carried out:

1. For the activities of List I:

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 a company, where the beneficiary proves that he has received, for the activity in question, a previous training of at least three years, a certificate recognised by the State or declared to be fully valid by a competent professional or commercial body.

(c) For three consecutive years on a self-employed basis, where the beneficiary proves that he has pursued that activity for an employed person for at least five years.

d) Good for five consecutive years in management functions, of which at least three years have been dedicated to technical functions with responsibility for at least one department of the enterprise, when the beneficiary proves that it has received, for the activity in question, a previous training of at least three years, sanctioned by a certificate recognised by the State or declared to be fully valid by a competent professional or commercial body.

In the cases referred to in paragraphs (a) and (c), no more than ten years shall not have elapsed between the date of termination of the activity and the date of submission of the application provided for in Article 11.

2. For the activities of List II:

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

1. Good for three consecutive years on a self-employed basis or as a manager of a company, where the beneficiary proves that he has received, for the activity in question, a previous training of at least three years, a certificate recognised by the State or declared to be fully valid by a competent professional or commercial body; or 2. Good for four consecutive years on its own account or as a manager of an undertaking, where the beneficiary proves that has received, for the activity in question, a previous training of at least two years, sanctioned by a certificate recognised by the State or declared to be fully valid by a competent professional or commercial body.

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

(d) For five consecutive years on an employed basis, where the beneficiary proves that he has received, for the activity in question, a previous training of at least three years, as attested by a certificate recognised by the State or declared fully valid by a competent professional or trade body; or for six consecutive years on an employed basis, where the beneficiary proves that he has received, for the activity in question, prior training of at least two years, sanctioned by a certificate recognised by the State or declared fully valid by a competent professional body.

In the cases referred to in paragraphs (a) and (c), no more than ten years shall not have elapsed between the date of termination of the activity and the date of submission of the application provided for in Article 11.

3. For the activities of List III:

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 a company, where the beneficiary proves that he has received, for the activity in question, a previous training of at least three years, a certificate recognised by the State or declared to be fully valid by a competent professional or commercial body.

(c) For three consecutive years on a self-employed basis, where the beneficiary proves that he has pursued that activity for an employed person for at least five years.

In the cases referred to in paragraphs (a) and (c), no more than ten years shall not have elapsed between the date of termination of the activity and the date of submission of the application provided for in Article 11.

4. For the activities of List IV:

a) Well for five 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 beneficiary proves that he has received, for the activity in question, a previous training of at least three years, a certificate recognised by the State or declared to be fully valid by a competent professional or commercial body.

(c) For three consecutive years on a self-employed basis or as a manager of a company, where the beneficiary proves that he has received, for the activity in question, a previous training of at least two years, a certificate recognised by the State or declared to be fully valid by a competent professional or commercial body.

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

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

5. For the activities of List V, paragraphs (a) and (b):

(a) Either for three years on a self-employed basis or as a manager of an undertaking, provided that no more than two years have elapsed between the date of termination of the activity and the date of submission of the application provided for in the Article 11.

(b) For three years on a self-employed basis or as a manager of an undertaking, provided that no more than two years have elapsed between the date of termination of the activity and the date of submission of the application provided for in the Article 11, unless the competent Spanish authorities allow for a longer period of interruption of such professional activities.

6. For the activities of list VI:

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 beneficiary proves that he has received, for the activity in question, prior training sanctioned by a recognised certificate by the State or declared to be fully valid by a competent professional or trade body.

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

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

In the cases referred to in paragraphs (a) and (c), no more than ten years shall not have elapsed between the date of termination of the activity and the date of submission of the application provided for in Article 11.

Article 8. Certificates attesting knowledge and skills.

Where a beneficiary is the holder of a certificate, obtained in a Member State and recognised at national level, who has evidence of knowledge and skills in the activity in question at least two or three years old, as appropriate, professional training, such a certificate may be considered by the competent Spanish authorities the same as a certificate attesting to the training of the duration required by paragraphs (b) and (d) of paragraph 1, the paragraphs (b) and (d) of paragraph 2 (b) and (b), (c) and (e) of paragraph 4 of the Article 7.

Article 9. Completed training with professional experience.

Where the duration of the training of the beneficiary is equal to or greater than two years but less than three years, the requirements of Article 7 shall be considered to be met if the duration of the professional experience as an employed person or as a manager, in accordance with the provisions of paragraphs (b) and (d) of paragraph 1, subparagraph (b), 1 (2), (b), (b) and (b) of Article 7 (4) or as an employed person under the terms of the provisions of Article 7 (1) (b), (d) in paragraph 2 of the same Article, the same proportion shall be extended to save the difference in the duration of the training.

Article 10. Business manager activity.

For the purposes of Article 7, an undertaking shall be deemed to have carried out an activity as a manager of an undertaking by any person who has pursued it in a business in the relevant professional field:

a) Either the business director or branch manager function.

(b) The function of the employer or the director of an undertaking is either attached to the employer or to the director of the undertaking, if that function implies a liability equivalent to that of the employer or director of the company represented.

c) Well the function of manager in charge of commercial tasks and/or techniques responsible for one or more departments of the company.

Article 11. Proof of compliance with the requirements.

The proof that the requirements laid down in Article 7 are met shall consist of a certification on the type and duration of the activity, issued by the competent authority or body of the Member State of origin or the beneficiary's origin, which the beneficiary must submit in support of his application for authorisation for the pursuit of the activity or activities concerned with the competent Spanish authorities.

CHAPTER IV

Recognition of other professional qualifications acquired in another Member State

Article 12. Accreditation of good conduct, solvency and the like.

1. Where the Spanish legislation requires, for access to any of the activities listed in the Annex, the accreditation of good conduct and of not being or having previously been declared bankrupt, or only one of these two accreditations, the competent authorities shall accept as sufficient proof, for nationals of other Member States, the presentation of a certificate of criminal records or, failing that, an equivalent document issued by a judicial authority or the competent administrative authority of the Member State of origin or the Member State from which the Member State comes. beneficiary meets those requirements.

2. Where the Spanish legislation requires, for access to any of the activities listed in the Annex, certain requirements of good conduct and the accreditation of not being or having been declared bankrupt in the past or not having been subject to previously of disciplinary sanctions of a professional or administrative nature (such as the prohibition of certain functions, suspension or separation), and the document referred to in paragraph 1 of this Article does not provide proof of this, the competent authorities will accept as sufficient proof, for nationals of the other Member States, a certificate issued by a competent judicial or administrative authority of the Member State of origin or of the Member State from which the Member State comes, attesting that the beneficiary complies with those requirements.

This certificate will refer to the specific facts that are taken into account in Spain.

3. Where the Member State of origin or the source of the beneficiary does not issue the documents referred to in paragraphs 1 and 2, they may be replaced by an affidavit.

4. Where the Spanish legislation requires proof of solvency, the competent authorities shall consider certificates issued by the banks of the Member State of origin or the recipient's provenance as equivalent to those issued in the Spain.

5. Where the Spanish legislation requires, for the purposes of access or exercise of one of the activities of the Annex, proof that they are protected by insurance against the financial consequences of their professional responsibility, the authorities they shall accept certificates issued by the insurance institutions of the other Member States as equivalent to those issued in Spain. These certificates must specify that the insurer has observed the laws and regulations in force in Spain regarding the conditions and scope of the coverage.

6. The documents referred to in paragraphs 1, 2, 3 and 5 shall not take effect if they are submitted when more than three months have elapsed since the date of their issue.

CHAPTER V

Common Provisions

Article 13. Procedure for the examination of applications for recognition.

1. The procedure for examining applications for recognition to which the preceding articles refer shall be completed as soon as possible and shall end with a reasoned decision by the competent authority at the latest within four months of the date on which the application is made. count from the presentation of the complete file of the data subject.

2. Where no decision has been taken within the time limit laid down in paragraph 1 of this Article and, in the light of the provisions of Annex 2 to the supplementary provision twenty-ninth of Law 14/2000 of 29 December, of tax, administrative and administrative measures, of the social order (section "Procedures for issue, renewal, revalidation, approval, validation and recognition of diplomas, diplomas, subjects, licences and academic or professional certificates", as provided by the Article 9 (3) of Law 24/2001 of 27 December 2001 on tax, administrative and administrative measures (a) the application for the purpose of the application of the application may be deemed to be rejected.

Article 14. Accreditation of professional experience acquired in Spain in non-regulated activities.

1. Where, in another Member State of the European Union, access to the activities listed in the Annex, or the exercise thereof, is subject to the possession of general, commercial or professional knowledge and skills, the actual exercise, if any, of such activities in Spain shall be credited as follows:

(a) The exercise of the activity on an independent basis, by justification of the corresponding Economic Activities Tax or equivalent title, which shall be credited by means of payment letters or by means of certification issued to the effect by the entity exercising the tax management of the tax.

This circumstance may also be evidenced by the justification of periods of discharge, by reason of the exercise of the corresponding activity, in the Special Regime of Social Security of Workers Self or Autonomy, which shall be accredited by certification issued by the agency of the Social Security Administration competent in matters of affiliation, high and low of the workers.

(b) The exercise of the activity as a manager in charge of the management of the undertaking, acting in a management or a dependent capacity, by reason of the periods of discharge, by reason of the exercise of the (a) corresponding activity, in the General Social Security Scheme, which shall be credited by certification issued by the Social Security Administration body responsible for the membership, high and low level of the workers.

(c) Prior vocational training, by means of the appropriate vocational training certificate.

2. Exceptionally, the effective exercise of such activities may be credited by any other means admitted in law, which is deemed sufficient in the judgment of the competent authority designated by the respective autonomous communities.

Additional disposition first.

New wording of Article 1 of Royal Decree 1063/1986 of 9 May 1986 on the issue of the issuing of documents and certificates relating to the Commercial Activities Sector established by the Directives of the Council of the European Union European Economic Community in this field, to facilitate the right of establishment and the freedom to provide services in the various Member States of the European Economic Community (Official Gazette of the State of 132 of 3 June 1986). page 19859):

1. Paragraph (a) of Article 1 shall be read as follows:

" (a) The documents referred to in Article 9 of 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 professionals referred to in the Directives on liberalisation and transitional measures in respect of the commercial activities listed in the following paragraphs of Annex A:

Annex A, Part One, List V, paragraphs (a) and (b).

Annex A, Part One, List VI, paragraphs 1 and 4.

Annex A, Part Two, paragraphs 3 and 11. '

2. Paragraphs (b), (c), (d), (e), (f), (g) and (j) are deleted.

3. The original paragraphs (h) and (i) shall become paragraphs (b) and (c), respectively, with the same wording.

Additional provision second.

amendment of the Annexes to 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 Economic Community require a minimum of three years ' training, in accordance with the wording given to those by Royal Decree 1754/1998 of 31 July 1998, incorporating Directives 95 /43/EC and 97 /38/EC into Spanish law and amending the Annexes of the Royals Decrees 1665/1991 of 25 October 1991 and 1396/1995 of 4 August 1995 on the general system of recognition of professional qualifications and training of the Member States of the European Union and other States signatory to the Agreement on the European Economic Area:

1. The profession of "Enologist" is included under the corresponding heading in Annex I (heading "Technical and experimental sciences"), Annex III (paragraph (a) to "Ministry of Education and Culture") and Annex IV ("Ministry of Education"). Agriculture, Fisheries and Food ").

2. The profession of 'Ports' is included in the corresponding heading in Annex I (heading 'Technical and experimental sciences'), Annex III ('Ministry of Public Works ') and Annex IV (under the heading' Ministry of Public Works ').

3. The entry of the "Estate agent" profession under the corresponding heading in Annex I (heading "Legal, accounting and economic sector"), Annex III ("Ministry of Public Works") and Annex IV (heading "Ministry of Property") is deleted. Promotion ").

4. As part of Annex IV, the profession of "Geologist" is no longer part of the "Ministry of Industry and Energy" heading and is integrated under the heading "Ministry of the Environment".

Additional provision third.

Amendment of the Annexes to Royal Decree 1396/1995 of 4 August 1995 governing a second general system for the recognition of professional training in the Member States of the European Union and other Member States (a) the provisions of the Agreement on the European Economic Area, as set out in Royal Decree 1665/1991 of 25 October 1991, as amended by Royal Decree 1754/1998 of 31 July 1998 incorporating the Spanish law Directives 95 /43/EC and 97 /38/EC and amendments to the Annexes to the Royal Decrees 1665/1991 of 25 October 1991 and 1396/1995 of 4 August 1995 concerning the general system for the recognition of diplomas and professional training of the Member States of the European Union and other States which are signatories to the Economic Area Agreement European:

1. A new heading is added to Annex IV with the name 'General activities sector', with the following content: 'Senior technical in the prevention of occupational risks'.

This profession is also included under the heading " II. Competent authority of the autonomous communities 'in Annex V and under the heading' I. General government of the State "of Annex VI, under a new heading of the" Ministry of Labour and Social Affairs ".

2. A new heading is added to Annex IV under the name 'Agri-food sector', with the following content: ' Technical specialist in Viviculture.

Wine Making Technician ".

These professions are also included under the heading " II. Competent authority of the autonomous communities 'in Annex V and under the heading' I. General Administration of the State (...) Ministry of Agriculture, Fisheries and Food " of Annex VI.

3. The "Industrial Sector" section of Annex IV includes the profession of "PV system installer to the low voltage network".

This profession is also included under the heading " II. Competent authority of the autonomous communities 'in Annex V and under the heading' I. General Administration of the State (...) Ministry of Industry and Energy ' of Annex VI.

4. The following professions are included under the heading "Sanitary Sector" in Annex IV: "Superior Technician in Orthopreprosthetic" and "High Technician in Audioprosthetics".

These professions are also included under the heading " II. Competent authority of the autonomous communities 'in Annex V and under the heading' I. General Administration of the State (...) Ministry of Health and Consumer Affairs ' of Annex VI.

5. The word 'Commercial Agent' is deleted under the heading 'Economic and Administrative Sector' in Annex

.

This mention is also deleted under the heading ' I. Ministerial Department of the General Administration of the State (...) Ministry of Economy and Finance 'of Annex V and under the heading' I. General Administration of the State (...) Ministry of Economy and Finance "of Annex VI".

6. The entry of the profession of 'Farm Manager' in the corresponding paragraph of Annex IV (heading 'Infurniture Sector'), Annex V (heading 'I') is deleted. Ministerial Department (...) Ministry of Public Works ') and Annex VI (heading' I. General Administration of the State (...) Ministry of Public Works ').

Single repeal provision. Regulatory repeal.

The provisions of the same or lower rank are repealed in that they object to what is established in this royal decree and, in particular, the following rules:

(a) Royal Decree 1464/1988 of 2 December 1988 implementing Directive 67 /43/EEC of the Council of the European Communities of 12 January 1967 on the freedom of establishment and freedom to provide services services for non-salaried activities included in the real estate business sector.

(b) Royal Decree 390/1992 of 15 April 1992 on freedom of establishment and freedom to provide services in artisan activities.

(c) Royal Decree 438/1992 of 30 April 1992 implementing Directive 67 /43/EEC of the Council of the European Communities of 12 January 1967 on the freedom of establishment and freedom to provide services for non-salaried activities in respect of the sector of certain 'Services provided to undertakings not elsewhere classified' (group 839 CITI).

(d) Royal Decree 439/1992 of 30 April 1992 implementing Directive 75 /368/EEC of the Council of the European Communities of 16 June 1975 on measures to promote the effective exercise of the right of residence freedom of establishment and freedom to provide services for various activities (ex-class 01 to class 85 CITI) and for which transitional measures are taken, in particular, for those activities (75/368/EEC).

(e) Royal Decree 1696/1995 of 20 October 1995 laying down rules for the accreditation of the exercise in Spain of the activities relating to the food and beverage industries, for the purposes of provided for in Articles 4 and 8 of Council Directive 68 /366/EEC of 15 October 1968 (classes 20 and 21 of the CITI).

Final disposition first. Powers of development.

The co-proposing ministers of this royal decree and the Autonomous Communities will, in the field of their respective competences, dictate the necessary provisions for their development and implementation.

Final disposition second. Duty to report on regulated activities in Spain.

The Spanish authorities responsible for regulating any of the activities listed in the Annex shall ensure that any beneficiary who so requests is informed, before establishing or starting the provision of services, of the rules governing the profession which it intends to pursue, where access to such activities cannot be exercised if certain conditions of qualification are not met.

Final disposition third. List of competent regional authorities.

The Autonomous Communities shall communicate to the competent ministries by reason of the matter the name of the autonomic authorities to which the tasks of certifying the exercise of the regulated activities in Spain and of authorise the exercise of such activities in Spain to nationals of other Member States in order to comply with Article 10.1 of Directive 1999 /42/EC.

Final disposition fourth. Entry into force.

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

Given in Madrid, 28 February 2003.

JOHN CARLOS R.

The First Deputy Prime Minister and Minister of the Presidency, MARIANO RAJOY BREY ANNEX

Listing of activities falling within the scope of Directive 1999 /42/EEC (Annex A)

FIRST PART

Activities related to professional experience categories

LIST I

Classes covered by Directive 64 /427/EEC, as amended by Directive 69 /77/EEC, and Directives 68 /366/EEC, 75 /368/EEC

75 /369/EEC

1.

Directive 64 /427/EEC

(Liberalisation Directive 64 /429/EEC)

NICE Nomenclature

(For classes 23-40 CITI)

Class 23 Textile Industry.

232 Transformation of textile fibres by lanero system.

233 Transformation of textile fibres by cotton system.

234 Transformation of textile fibres by seder system.

235 Processing of textile fibres by system for flax and hemp.

236 Industry of other textile fibres (jute, hard fibres, etc.), cordage.

237 Point Generals.

238 Finishing of textiles.

239 Other textile industries.

Class 24 Manufacture of footwear, clothing and bedding.

241 Mechanical manufacture of footwear (except in rubber and wood).

242 Manual manufacturing and repair of footwear.

243 Clothing clothing (excluding skins).

244 Manufacture of mattresses and bedding.

245 fur and fur industry.

Class 25 Wood and cork industry (excluding wood furniture industry).

251 Aserrado and industrial preparation of wood.

252 Manufacture of semi-finished wood products.

253 Carpentry, wooden structures for construction, parquetry (series manufacturing).

254 Manufacture of wood packaging.

255 Manufacture of various wooden objects (except furniture).

259 Manufacture of straw, cork, basket and broken articles for brushes.

Class 26-260 Wood furniture industry.

Class 27 Paper Industry and Paper Manufacturing.

271 Manufacture of pulp, paper and cardboard.

272 Processing of paper and cardboard, manufacture of pasta articles.

Class 28-280 Printing, editing attached industries.

Class 29 Leather Industry.

291 Curtition and leather finish.

292 Manufacture of leather goods and the like.

Ex Class 30 Rubber industry, plastic materials, artificial or synthetic fibres and amylaean products.

301 Transformation of rubber and asbestos.

302 Processing of plastic materials.

303 Production of man-made and synthetic fibres.

Ex Class 31 Chemical Industry.

311 Manufacturing of basic chemicals and manufacturing followed by more or less elaborate processing of these products.

312 Specialized manufacturing of chemical products primarily intended for industry and agriculture (the manufacture of industrial oils and fats of vegetable or animal origin, as referred to in the second paragraph, is added to this group). Group 312 of the CITI).

313 Specialized manufacturing of chemicals mainly intended for domestic consumption and administration (excluding the manufacture of medicinal products and pharmaceuticals (ex-group 319 of the CITI).

Class 32-320 Oil Industry.

Class 33 Non-metallic mineral products industry.

331 Manufacture of cooked land products for construction.

332 Glass industry.

333 Manufacture of stoneware, porcelain, loza and refractory products.

334 Manufacture of cement, lime and plaster.

335 Manufacture of construction materials and public works in concrete, cement and plaster.

339 Elaboration of stone and non-metallic mineral products.

Class 34 Production and first transformation of ferrous and non-ferrous metals.

341 Steel (according to the ECSC Treaty; including integrated steel works).

342 Manufacture of steel tubes.

343 Treated, stretched, sheet laminate, cold-shaped.

344 Production and first transformation of non-ferrous metals.

345 Ferrous and non-ferrous metal smelters.

Class 35 Manufacture of metal products (excluding machines and transport equipment).

351 Forges, stamping, die-cut and large funnel.

352 Second transformation, treatment and coating of metals.

353 Metal Construction.

354 Caldereria, deposit construction and other sheet metal parts.

355 Manufacture of tools and articles finished in metals, excluding electrical equipment.

359 Auxiliary activities of the mechanical industries.

Class 36 Construction of non-electrical machinery.

361 Construction of agricultural machines and tractors.

362 Construction of office machines.

363 Construction of machine tools for working metal, useful and equipment for machines.

364 Construction of textile machines and their accessories, construction of sewing machines.

365 Construction of machines and apparatus for food, chemical and related industries.

366 Construction of material for mining, steel and smelters, public works and construction; construction of lifting and handling equipment.

367 Manufacture of transmission organs.

368 Construction of machines for specific industrial purposes.

369 Construction of other non-electrical machines and appliances.

Class 37 Construction of machinery and electrical equipment.

371 Manufacture of electrical wires and cables.

372 Manufacture of electrical equipment (motors, generators, transformers, switches, industrial equipment, etc.).

373 Manufacture of electrical equipment for use.

374 Manufacture of telecommunications equipment, meters, measuring devices and electrocedic material.

375 Construction of electronic devices, radio, television and electroacoustic devices.

376 Manufacture of household appliances.

377 Manufacture of lamps and lighting equipment.

378 Manufacture of batteries and accumulators.

379 Repair, assembly, technical installation work (installation of electrical machines).

Ex Class 38 Construction of transport material.

383 Construction of cars and separate parts.

384 Independent auto repair shops, motorcycles or bicycles.

385 Construction of motorcycles, bicycles and their separate parts.

389 Construction of other transport material not understood elsewhere.

Class 39 Various manufacturing industries.

391 Manufacture of precision instruments, measuring and control apparatus.

392 Manufacture of medical-surgical equipment and orthopaedic appliances (excluding orthopaedic footwear).

393 Manufacture of optical instruments and photographic equipment.

394 Watch manufacturing and repair.

395 Jewelry, goldsmith, jewelry, and precious stone carving.

396 Manufacture and repair of music instruments.

397 Manufacture of games, toys and sports articles.

399 Other manufacturing industries.

Class 40 Construction and public works.

400 Construction and public works (no specialization), demolition.

401 Construction of buildings (housing and other buildings).

402 Public works: construction of roads, bridges, railways, etc.

403 Installations.

404 Finished.

2.

Directive 68 /366/EEC

(liberalisation Directive 68 /365/EEC)

NICE Nomenclature

Class 20 A-200 Plant and animal fat industries.

Class 20 B Food industries (except for the manufacture of beverages).

201 Cattle slaughter, preparation and preserves of meat.

202 Dairy industries.

203 Manufacture of preserved fruits and vegetables.

204 Manufacture of canned fish and other marine products.

205 Manufacture of milling products.

206 Industries of bread, pastries, cakes and biscuits.

207 Sugar Industry.

208 Cocoa industry, chocolate and confectionery products.

209 Elaboration of miscellaneous food products.

Class 21 Beverage making.

211 Industries of ethyl alcohol of fermentation, yeast and alcoholic beverages not coming from wine.

212 Wine and wine industry assimilated (without malt).

213 Manufacture of beer and malt.

214 Non-alcoholic beverage industry and gaseous waters.

Ex 30 Rubber industry, plastic materials, man-made or synthetic fibres and amylaean products.

304 Industry for Amailite Products.

3.

Directive 75 /368/EEC

(Activities provided for in Article 5 (1))

CITI nomenclature

Ex 04 Fishing.

043 Fishing in inland waters.

Ex 38 Construction of transport material.

381 Shipbuilding and ship repair.

382 Construction of railway equipment.

386 Aircraft construction (including the construction of space material).

Ex 71 Transport ancillary activities and activities other than transport included in the following groups:

Ex 711 Operating of cars bed and car restaurants; maintenance of railway equipment in repair shops; cleaning of cars.

Ex 712 Maintenance of urban transport material, inter-urban suburban passenger transport.

Ex 713 Maintenance of other road passenger transport materials (such as cars, coaches, taxis).

Ex 714 Exploitation and maintenance of auxiliary works for road transport (such as roads, tunnels and toll bridges, car parks, bus and tram cars).

Ex 716 Auxiliary activities relating to inland navigation (such as the operation and maintenance of waterways, ports and other facilities for inland navigation; towing and piloting in ports, beacon, loading and unloading of vessels and other similar activities, such as ship rescue, sirga, mooring for boats).

73 Communications: Post and Telecommunications.

Ex 85 Personal Services.

854 Lavaneries, dry cleaning, dairies.

Ex 856 Photo studies: portraits and commercial photography, with the exception of the activity of a photojournalist.

Ex 859 Personal services not included elsewhere (only maintenance and cleaning of buildings or premises).

4.

Directive 75 /369/EEC

(Article 6: When the activity is considered industrial or craft)

CITI nomenclature

a) Outpatient exercise of the following activities:

1.The purchase and sale of goods by street vendors and buhoneros (former group 612 CITI).

2.The purchase and sale of goods in covered markets, with facilities not fixed in a stable way to the ground and in markets not covered.

(b) Activities which are the subject of transitional measures already adopted which expressly exclude or do not mention the travelling exercise of such activities.

LIST II

Directive 82 /470/EEC

(Article 6 (3))

Groups 718 and 720 of the CITI nomenclature.

The activities considered consist, in particular, of: organising, presenting and selling, on a flat or a fee basis, the isolated or coordinated elements (transport, accommodation, food, excursion, etc.) of a trip or a stay, whatever the reason for the movement (subparagraph (a) of Article 2 (B)).

LIST III

Directive 82 /489/EEC

Ex 855 Peluqueries (excluding pedicure activities and professional beauty care schools).

LIST IV

Directive 82 /470/EEC

(Article 6 (1))

Groups 718 and 720 of the CITI nomenclature.

The activities considered consist, in particular, of: acting as an intermediary between the employers of the various modes of transport and the persons who issue or issue goods, as well as various Texas operations:

aa) Celebrating contracts, on behalf of the principal, with transport operators; bb) Choosing the mode of transport, the company and the route considered most advantageous to the principal; cc) Preparing transport from a technical point of view (e.g. packaging required for transport); carrying out various ancillary operations during transport (e.g. ensuring the supply of ice for refrigerated wagons); Completing the formalities linked to transport, such as the drafting of transport letters; by grouping and unbundling shipments; (ee) coordinating the various parts of a transport dealing with transit, redispatching, transshipment and various terminal operations; (ff) providing, respectively, freight to carriers and means of transport to persons who issue or issue goods: to calculate transport costs and to check their breakdown; to carry out certain formalities on a permanent or occasional basis, in the name and on behalf of a shipowner or a maritime carrier (to the port authorities, the ship's supply companies, etc.).

[Activities referred to in paragraphs (a), (b) and (d) of Article 2 (A)]

LIST V

Directives 64 /222/EEC and 70 /523/EEC

a)

[See paragraph (a) of Article 4 (5) of this Directive]

Directive 64 /222/EEC

(liberalisation directives 64 /223/EC and 64 /224/EEC)

0. Non-salaried activities of wholesale trade except for medicinal products and pharmaceutical products, toxic products and pathogens and coal (group ex 611).

1. Professional activities of the intermediary in charge, under one of several proxies, to prepare or carry out commercial operations in the name and on behalf of others.

2. Professional activities of the intermediary which, without being in charge of it permanently, puts in relation to the persons who wish to hire directly, prepares their commercial operations or aid to their realization.

3. Professional activities of the intermediary which carries out commercial transactions in its own name.

4. Professional activities of the intermediary carrying out the wholesale sales in public at auction.

5. Professional activities of the intermediary who make home visits to obtain orders.

6. Activities for the provision of services carried out on a professional basis by an employed intermediary who is at the service of one or more commercial, industrial or craft enterprises.

b)

[See paragraph (b) of Article 4 (5) of this Directive]

Directive 70 /523/EEC

Non-salaried activities of the wholesale coal trade and intermediary activities in the coal sector (ex-group 6112 of the CITI nomenclature).

LIST VI

Directives 68 /364/EEC, 68 /368/EEC, 75 /368/EEC, 75 /369/EEC and 82 /470/EEC

1.

Directive 68 /364/EEC

(liberalisation Directive 68 /363/EEC)

Ex group 612 CITI Retail trade.

Activities excluded:

012 Rental of agricultural machinery.

640 Real estate, leasing.

713 Rental of cars, cars and horses.

718 Rental cars and rail cars.

839 Rental of machinery for commercial enterprises.

841 Rental of film and film locations.

842 Rental of theater locations and rental of theater material.

843 Boat rental, bike rental, coin machine rental.

853 Rental of furnished rooms.

854 Rental of clean house clothes.

859 Rental of garments.

2.

Directive 68 /368/EEC

(liberalisation Directive 68 /367/EEC)

CITI nomenclature

Ex-class 85 CITI:

1. Restaurants and drinks establishments (group 852 CITI).

2. Hotels and similar establishments, camping grounds (group 853 CITI).

3.

Directive 75 /368/EEC (Article 7)

All activities in the Annex to Directive 75 /368/EEC, except for the activities listed in Article 5 of Directive 75 /368/EEC (list I, n. 3 of this Annex).

CITI nomenclature

Ex 62 Banks and other financial institutions.

Ex 620 Patent and royalty distribution companies.

Ex 71 Transports.

Ex 713 Transport of passengers by road, excluding transport by cars.

Ex 719 Exploitation of ducts for the transport of liquid hydrocarbons and other liquid chemicals.

Ex 82 Services provided to the community.

827 Libraries, museums, botanical gardens and zoos.

Ex 84 Recreational Services.

843 Recreational services not included elsewhere: sports activities (sports grounds, sports meeting organisations, etc.), with the exception of activities of sports instructors; gaming activities (blocks of races, playgrounds, racecourses, etc.) ; other recreational activities (circuses, amusement parks, other diversions, etc.).

Ex 85 Personal Services.

Ex 851 Domestic Services.

Ex 855 Institutes of beauty and manicure activities, excluding pedicure activities, of professional beauty and hair care schools.

Ex 859 Personal services not included elsewhere, with the exception of the activities of sports masseurs and paramedics and mountain guides, grouped as follows: disinfection and control of harmful animals; rental of clothes and custody of objects; marriage agencies and similar services; astrology, divination of the future and similar activities; hygienic services and related activities; funeral pomps and maintenance of cemeteries; guides Tour operators.

4.

Directive 75 /369/EEC

(Article 5)

Outpatient exercise of the following activities:

(a) The purchase and sale of goods: by street vendors and buhoneros (former group 612 CITI); in covered markets, with facilities not fixed in a stable way to the ground and in markets not covered.

(b) Activities which are the subject of transitional measures already adopted which expressly exclude or do not mention the travelling exercise of such activities.

5.

Directive 82 /470/EEC

(Article 6 (2))

[Activities referred to in paragraphs (c) and (e) of paragraph B (b) and paragraphs C and D of Article 2.] Such activities consist, in particular, of:

to provide rental cars or railway cars for the transport of persons or goods; to act as an intermediary for the purchase, sale or lease of ships; to prepare, negotiate and conclude contracts for the transport of migrants; receiving any goods and goods in deposit, on behalf of the depositor, under customs or non-customs arrangements, in warehouses, general stores, storage rooms, cold storage tanks, silos, etc. ; to issue to the depositor a document representative of the object or the goods received at the time of deposit; to facilitate returns, food and placement of sale for the livestock in temporary custody, either before the sale of the same or in the transit until their destination or from the market; carry out the inspection or technical assessment of motor vehicles; measure, weigh and calibrate the goods.

SECOND PART Activities other than those referred to in the first part

1.

Directives 63 /261/EEC, 63 /262/EEC, 65 /11/EEC, 6 7/5 3 0/C E, 6 7/5 3 1/C E, 6 7/5 3 2/C E, 68 /192/EEC, 68 /415/EEC and 71 /18/EEC

CITI nomenclature

Class ex 01 Agriculture.

In particular:

(a) General agriculture, including viticulture, fruit growing, seed production, intensive, floral and ornamental horticulture, even in greenhouse.

(b) Livestock farming, poultry farming, farming farming, breeding of animals of quarrelling animals and young animals; beekeeping; production of meat, milk, wool, skins and skins, eggs and honey.

(c) Agriculture, livestock farming and horticulture work, carried out on a flat-rate basis or under contract.

2.

Directive 63 /607/EEC

(Movies)

3.

Directive 64 /223/EEC

CITI nomenclature

Ex-group 611 Wholesale trade (with the exception of trade in medicines and pharmaceuticals, toxic products and pathogens, and coal).

4.

Directive 64 /428/EEC

NICE Nomenclature

Group.

Class 11 Extraction and preparation of solid fuels.

111 Extraction and preparation of hard coal.

112 Extraction and preparation of lignite.

Class 12 Extraction of metal ores.

121 Iron Ore Extraction.

122 Extraction of non-ferrous metal ores and related activities.

Ex 13-ex 130 Oil and natural gas extraction (excluding prospecting and drilling).

Class 14-140 Extraction of building materials and clays.

Class 19-190 Extraction of other minerals, peatlands.

5.

Directive 65 /264/EEC

(Cinematography)

6.

Directive 66 /162/EEC

CITI nomenclature

Rama 5 Electricity, gas, steam, water and sanitation services.

7.

Directive 67 /43/EEC

CITI nomenclature

Ex group 640 Real estate business (except 6401).

Group 839 Services provided to non-classified enterprises elsewhere (with the exception of activities in the field of the press, customs agents, economic, financial, commercial and statistical advice as well as in the field of labour and credit collection).

8.

Directive 67 /654/EEC

CITI nomenclature

Class 02 Forestry and forest exploitation.

021 Forestry.

022 Forest exploitation.

9.

Directives 68 /369/EEC and 70 /451/EEC

CITI nomenclature

Ex group 841 Production, distribution and screening of film films.

10.

Directive 69 /82/EEC

CITI nomenclature

Ex class 13.

Ex 130 Crude oil and natural gas (prospecting and survey).

11.

Directive 70 /522/EEC

CITI nomenclature

Ex group 6112 Carbon.