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Order Of 23 August 1999 Which Develops The Royal Decree 1665 / 1991 Of 25 October, In What Affects The Profession Of Sworn Interpreter.

Original Language Title: ORDEN de 23 de agosto de 1999 por la que se desarrolla el Real Decreto 1665/1991, de 25 de octubre, en lo que afecta a la profesión de Intérprete Jurado.

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TEXT

Royal Decree 1665/1991 of 25 October, which incorporates into Spanish law Directive 89 /48/EEC of the Council of the European Communities, establishes the general system for the recognition in Spain of diplomas Higher education of other Member States of the European Union and of the European Economic Area requiring a minimum of three years ' duration.

The rules of transposition contained in the aforementioned Royal Decree allow nationals of Member States of the European Union or States party to the Agreement on the European Economic Area with qualifications (a) professional qualifications obtained in another Member State, similar to those required in Spain in order to pursue a regulated profession, can be accessed in Spain under the same conditions as those who have obtained a Spanish diploma.

By Royal Decree 1754/1998 of 31 July, the profession of Interpreter Jurado was included within the scope of the aforementioned system of recognition of diplomas for professional purposes. According to that Royal Decree it is up to the Ministry of Foreign Affairs to verify the correspondence between the training required in Spain to the Jurors and the one sanctioned by the diplomas, certificates or diplomas obtained in other States of the European Union or of the European Economic Area by nationals of those countries intending to exercise such a regulated profession in Spain. It is also up to this Department to regulate the appropriate compensation mechanisms for cases in which training acquired in another State comprises matters substantially different from those required in Spain or when the obtained in the State of origin does not include any of the activities of the written or oral translation included in the exercise of the profession of Interpreter Jury.

In its virtue, according to the final disposition of Royal Decree 1665/1991, of 25 October, heard the professional associations concerned, after the approval of the Minister of Public Administrations, and on the proposal of the Ministers for Foreign Affairs and Education and Culture, available:

Article 1. Object.

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 party to the Agreement on the European Economic Area, which require a minimum of three years ' training, in respect of the profession of Interpreter Jury.

Article 2. Applicable rules.

The procedure for the recognition of such diplomas, certificates and diplomas, the decision of which is the responsibility of the Ministry of Foreign Affairs, shall be governed by the provisions of Law No 30/1992 of 26 November 1992 on the Public Administrations and the Common Administrative Procedure, with the amendments introduced by Law 4/1999, of 13 January, and without prejudice to the peculiarities provided for in Royal Decree 1665/1991 and in this Order.

Article 3. Initiation of the procedure.

1. The procedure shall be initiated at the request of the person concerned addressed to the Technical Secretary-General of the Ministry of Foreign Affairs, adapted to the model published as an Annex to this Order.

2. Applications may be lodged in the General Register of the Ministry of Foreign Affairs or in any of the places provided for in Article 38.4 of Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 4. Documentation necessary for the processing of applications.

1. Applications for recognition of certificates issued in other Member States shall be accompanied by the following documentation:

(a) Identity document, applicant's passport or any other document of the nationality of one of the Member States of the European Union or of other States party to the Agreement on the Economic Area European.

(b) Title, certificate or diploma attesting to a higher level of academic training of at least three years ' duration and, where appropriate, professional title.

(c) Academic certification of the studies carried out by the applicant for obtaining the title, in which the duration of the studies is recorded in academic years and the subjects studied, as well as, where appropriate, of the subjects (i) specific measures which have been exceeded for obtaining the professional title.

(d) Where the training diploma or diploma 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 or in other States Parties to the European Economic Area. 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.

In both cases, the certification shall specify the professional activities for which the title of the exercise is entitled.

(e) Where in the Member State which issued the title the profession concerned is not regulated, the supporting document, issued by the competent authority, shall be accompanied by a document having been carried out in that State or another Community or of the European Economic Area the profession for at least two years, full time, in the course of the previous ten.

f) Professional curriculum, if any.

Article 5. Formalities of the documentation, 1. When the application is made in the records of the Ministry of Foreign Affairs or any other of the General Administration of the State, the Autonomous Communities or the entities The original documents may be accompanied by a copy, which, after verification of their identity with the original, shall be forwarded to the addressee of the latter to the person concerned.

2. Documents drawn up in a foreign language must be accompanied by the corresponding official translation into Spanish.

Article 6. Instruction.

1. The examination of the documentation provided will be carried out by the Language Interpretation Office of the Ministry of Foreign Affairs.

2. If the application or the documentation submitted is incomplete or does not meet the requirements laid down in this Order, the person concerned shall be required to submit, within 10 days, the absence or accompanying of the required documents, with an indication that, if it does not do so, a decision will be made in which, in the light of the circumstances produced and in accordance with the provisions of Article 71.1 of Law No 30/1992 of 26 November 1992, of the Legal Regime of the Administrations Public and the Common Administrative Procedure, you will be given a withdrawal of your request.

3. In cases where doubts are raised about the documentation provided, the competent authority of the State of origin shall be required, on its own initiative, to inform the competent authority of the State of origin.

4. Similarly, the Language Interpretation Office may request a report from the Ministry of Education and Culture, as well as other entities, bodies and authorities when it is deemed appropriate to resolve.

5. Having instructed the file, and immediately before drawing up the motion for a resolution, the person concerned shall be made clear to the effect that, within a period of 10 days, he shall submit any allegations and documents which he considers to be relevant. Such a procedure shall not be necessary if only the facts, arguments or evidence adduced by the person concerned are included in the file.

Article 7. Resolution.

1. The resolution shall be adopted by the Technical Secretary-General of the Ministry of Foreign Affairs within the maximum period of four months from the date of submission of the full documentation of the person concerned.

2. The resolution shall be reasoned and shall contain one of the following statements:

a) The recognition of the title, for professional purposes.

Once the decision on recognition of the title has been given for the purposes of the exercise in Spain of the profession of Interpreter Jurado, the Technical Secretary-General of the Ministry of Foreign Affairs shall issue the appointment of Jury in favour of the applicant and the other formalities provided for in Articles 7 and 8 of the Order of the Ministry of Foreign Affairs of 8 February 1996 shall be followed.

(b) A requirement to exceed an aptitude test or a traineeship, at the choice of the applicant.

The applicant shall make such an option within one month of the notification of the decision, by written communication to the Language Interpretation Office.

c) Disestimation of the request.

Article 8. Aptitude test.

1. Within one month from the date on which the applicant's written application has entered into any of the records of the Department, the Language Interpretation Office shall notify the applicant of his admission to the that test.

2. The aptitude tests shall be carried out at least once a year and may coincide with the examinations for the Interpreter Jury referred to in Article 14 of Royal Decree 2555/1977 of 27 August 1977 and the Order of the Ministry of Foreign Affairs, 8 February 1996.

3. This test, which shall consist of an examination of the professional knowledge of the applicant, shall cover exclusively on that or those areas of translation, written or oral, not covered by the training received or the professional experience acquired in the country of origin and whose knowledge is essential for the exercise of the profession in Spain.

4. The aptitude test shall be designed and assessed by an Evaluation Commission which shall be composed of:

A Sworn Interpreter appointed by professional associations in the sector.

A Vocal appointed by the Council of Universities.

Two representatives from the Ministry of Foreign Affairs, one of whom will chair the Commission.

5. The members of the Evaluation Committee to which Royal Decree 236/1988 applies, on compensation for the service, may receive the amounts which, in the form of assistance for their participation in the aptitude tests, (a) they are in accordance with the provisions of that provision.

6. The Commission of Evaluation shall forward to the Technical Secretary-General of the Ministry of Foreign Affairs, within 10 days of the conduct of the tests, the minutes with the results of the tests, with the qualification of "fit" or "unfit".

7. In the light of these results, the Technical Secretary-General of the Ministry of Foreign Affairs shall give the decision as appropriate within 15 days.

The declared "unfit" may be submitted in successive calls, upon request, in writing, to the Technical Secretary-General of the Ministry of Foreign Affairs.

Article 9. The traineeship period.

1. The period of practice, which the applicant may choose in accordance with Articles 1 (d), 5 (b) and 7 of Royal Decree 1665/1991, shall be adapted to a specific programme established by the Technical General Secretariat of the Ministry of Foreign affairs, on the basis of a generic programme drawn up with a hearing from the professional associations representing the Jurors.

2. The traineeship shall be carried out under the responsibility of a Jury of those appearing on the list to be drawn up by the Ministry of Foreign Affairs in accordance with the associations representing the Jurors. For these purposes, the person concerned, in his/her written option for the traineeship, will propose the name of the Interpreter Jury that he/she chooses as responsible.

3. The Language Interpretation Office shall, within a maximum of one month from the option of the person concerned, notify the person concerned of the content and duration of the traineeship.

4. After the end of the traineeship, the person responsible shall forward to the Technical Secretary-General within one month a certificate certifying compliance or non-compliance with the programme. In the light of the certificate certifying compliance with the programme, a decision shall be taken to recognise the corresponding title and the other formalities provided for in paragraph 7 (a) of this Order shall be followed.

5. If the certificate is non-compliant, the person concerned may request the extension of the traineeship period, without, in any event, the total duration of the initial period and the successive extensions may be longer than one year.

Article 10. Resources from.

The resolutions handed down in the execution of this Order may be appealed to the Under-Secretary of State for Foreign Affairs.

Final disposition first. Development.

The Assistant Secretary for Foreign Affairs 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, 23 August 1999.

ALVEZ-HELMETS FERNANDEZ

Excms. Mr Ministers for Foreign Affairs and Education and Culture.

ANNEX:

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