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 Community which require a minimum of three years of training (a) the provisions of Directive 89 /48/EEC of the Council of the European Communities of 21 December 1988 are transposed into Spanish law.

By virtue of the provisions of the said Royal Decree, nationals of any of the Member States of the European Community who are in possession of professional qualifications obtained in a Member State, similar to Those who are required in Spain to exercise a regulated profession must be able to access it in our country under the same conditions as those who have obtained a Spanish title.

However, this system of recognition does not always operate automatically, so Royal Decree 1665/1991 itself admits the imposition of additional requirements when certain circumstances are present. Thus, in cases where the training acquired in another Member State comprises matters substantially different from those required in Spain, or there is no correspondence between the professional activities, the application of the compensation mechanisms provided for in the said Royal Decree.

Therefore, this Order, given in application of the provisions laid down by the final provision of the repeated Royal Decree 1665/1991, comes into effect on the recognition procedure applicable to applications for Spain the professions of Psychologist, Biologist, Master. Professor of Secondary Education and Professor of University, urged by the citizens of any State of the European Community who, lacking the corresponding Spanish title, are, on the other hand, in possession of the title demanded in those States to access the professional exercise.

In its virtue, in application of the established in the final disposition of Royal Decree 1665/1991, of 25 October, completed the procedure of consultation with the Corporations concerned, with the approval of the Minister for the Public Administrations, I have had to dispose:

General rules

First. The purpose of this Order is to develop 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 Community which require a minimum of three years of training, with regard to the professions of Psychologist, Biologist, Teacher, Professor of Secondary Education and Professor of University.

Second. Field of application. -The rules contained in this Order shall apply to the recognition that certificates issued in other Member States of the European Community to nationals of any Member State correspond to the securities who allow in Spain the exercise of the professions of Psychologist, Biologist, Teacher, Professor of Secondary Education and Professor of University.

Getting started with the procedure

Third. Applications.-The procedure for recognition shall be initiated by application of the person concerned adapted to any of the models published as annexes to this Order, according to whether or not the profession is regulated in the State of origin.

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

Fourth. Documentation.-Applications for recognition of certificates issued in other Member States shall be accompanied by the following documents:

(a) Proof of the nationality of one of the Member States of the European Community.

b) Title or diploma of higher level academic training 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 or units of assessment and the subjects studied.

d) Professional curriculum, if any.

(e) In addition, the certificate of the competent authority of the country of origin in which the applicant is accredited may be required to be a professional fulfilling the requirements laid down in Directive 89 /48/EEC for exercise the relevant regulated profession and is not disabled for this purpose.

In the case of teachers, the certificate must specify the educational level and, where appropriate, the specialty, area, subject or subject, as appropriate, for whose exercise they are entitled.

(f) Certification that training has been acquired, mainly, in the European Community when the training diploma or diploma has been awarded in a Member State in which the profession of the applicant is regulated.

(g) Accreditation issued by the Member State of origin governing the profession that the holder has a minimum professional experience of three years in the event that that State has recognised the title issued in a country third.

(h) A certificate issued by the competent authority of the Member State which issued the securities, having exercised the profession in that State for two years, full time, in the course of the preceding 10 years where the relevant profession is not regulated in that State.

Fifth. Formalities of the documentation.

One.-The original documents may be accompanied by their copy and will be returned to the interested parties once their authenticity has been verified.

If the copies are presented to Notary, or by diplomatic or consular representations of Spain, in the country where the document comes from, or by other personnel or entities that have the authority to do so The authenticity of the original shall not be required at the same time.

Two. -Documents issued by the authorities of the Member State of origin must be accompanied by the corresponding official translation into Spanish.

Instruction

Sixth. Testing the documentation

One. The examination of the documentation provided by the applicant and the instruction of the procedure will be carried out by the Technical General Secretariat of the Ministry of Education and Science.

Two. -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 remedy the absence or to accompany them within ten days. (a) a mandatory document, indicating that, if it does not do so, it shall be given a withdrawal of its request, proceeding to its file without further processing.

Seventh. Analysis of the documentation.

One. -In the cases where it is deemed necessary, a report will be obtained from the competent bodies of the Secretariat of State of Universities and Research or the Secretary of State for Education. Such bodies may, in turn, request the advice of the Council of Universities or of the corresponding professional bodies or institutions in cases where they consider it appropriate.

Two.-The reporting body must compare the training received by the applicant with the corresponding Spanish title, as well as the scope of professional activity to which the title is entitled in one and the other Member States. The comparison will be made on the basis of the subjects considered essential for the exercise of each profession.

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

a) Favorable to the recognition of the title.

(b) A requirement to exceed 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, where appropriate, the modalities and duration of the proposed period of practice.

c) Unfavourable to the recognition of the title, with expression of its motives.

Eighth. Hearing the person concerned.-The procedure and immediately before the draft resolution is drawn up, the person concerned may be shown to be able within ten days to plead and present the documents and justifications which he or she it considers appropriate, except in the case of the fact that they do not appear in the file and that other facts or other arguments or evidence which the person concerned has claimed are not taken into account in the resolution.

Termination

Ninth. Resolution.

One. The procedure for the recognition of diplomas awarded in other Member States shall be decided by the Order of the Minister of Education and Science, signed by delegation, by the Technical Secretary-General of the Department who decide in one of the following ways:

(a) Direct recognition of the title, for professional purposes, the holder being entitled to the exercise in Spain of the profession in question, subject to compliance with the other requirements not related to the qualification.

(b) A requirement to exceed an aptitude test or a traineeship.

c) Motivated dismissal of the request.

Two. -In case a) of the previous point, the recognition shall be formalized by a credential issued by the Subdirectorate General of titles, convalidations and approvals.

10th. Appeals. -Against the decisions referred to in the preceding paragraph, which end the administrative route, the administrative and administrative appeal may be brought, after the communication referred to in the Article has been carried out by the interested parties. 110.3 of Law 30/1992, of Legal Regime of Public Administrations and of the Common Administrative Procedure.

11th. Deadlines.

One. -Reports necessary for the resolution of applications must be issued within a maximum of one month.

Two. The procedure for the examination and resolution of an application for the exercise of a regulated profession shall have a maximum duration of four months, counted from the presentation of the complete documentation, in accordance with the laid down in Article 8 (2) of Directive 89 /48/EEC.

Three.-The applications for recognition referred to in this Order in which there is no longer-term resolution may be understood to be dismissed for the purposes of the interposition of the administrative-administrative appeal, (a) of Royal Decree 1778/1994, as laid down in Article 4.1 (a).

Compensation Mechanisms: The aptitude test and the internship period

12th. Option of the data subject.

One.-When the resolution provided for in paragraph 7 (a) (b) of this Order is produced, stating the need for the applicant to pass an aptitude test or to carry out a traineeship, the applicant shall opt for one of the alternatives indicated by communicating your choice by writing to the Technical General Secretariat of the Ministry of Education and Science, within one month, from the day you are notified of the decision. In that resolution, the Technical Secretariat of the Ministry of Education and Science shall establish with clarity and precision the matters on which the aptitude test and, where appropriate, the programme and the duration of the traineeship shall be based, to the the purpose of providing the person concerned with the exercise of his/her right of choice.

Two. -In the event that the person concerned does not make the option within the time limit provided for in the preceding paragraph, it is understood that he opts for the aptitude test. Where the applicant opts for the traineeship period, he shall accompany in writing the conformity of the professional under whose supervision such practices are to be carried out.

13th. Aptitude test.

One. -The Commission of Evaluation of the aptitude test referred to in Article 6 of Royal Decree 1665/1991 of 25 October, will have as functions the design of the examination in which this test consists and the positive assessment or refusal of the applicant's fitness for professional practice in Spain.

Two. -There will be different Evaluation Commissions for each profession. Those corresponding to the aptitude tests of Psychologists, Biologists and Teachers of University will be designated by the Secretariat of State of Universities and Research, and those concerning Teachers and Teachers of Secondary Education through the Secretary of State for Education.

Three. -Each of the Evaluation Commissions of the aptitude tests will be made up of the following members:

President: The Director-General of Higher Education or the Director-General of Coordination and the High Inspectorate, who may delegate, respectively, a Deputy Director-General of the Steering Centre.

Vowels: A representative of the professional corporation or, failing that, of the corresponding professional institution appointed on a proposal of those, that is in exercise with a minimum of five years of experience.

An official of the University Teachers ' Corps, who exercises teaching in a center where the necessary teachings are given for obtaining the titles to be designated by the competent State Secretariat in each case.

Secretary: An official who occupies an existing job in the relevant management center and who will act with voice but without a vote.

Four.-The members of the Evaluation Committee to whom Royal Decree 236/1988, of 4 March 1988, on compensation for the service is applicable, may receive in concept of assistance the compensation that proceeds for their participation in the meetings of the Commissions indicated, in accordance with the provisions of the aforementioned Royal Decree.

Five. -The Secretaries of State of Universities and Research and Education shall also appoint alternate members of the respective Evaluation Committees, in the event of absence or illness of their voice. holder.

Six. The functioning of the Evaluation Committees will be governed by the provisions of the governing bodies in the regulations on the legal regime of the Public Administrations.

Seven. The aptitude test shall consist of an examination of the professional knowledge of the applicant, and shall be carried out before the Evaluation Commissions referred to in this section of this Order. Its content will cover, exclusively, a group of subjects selected from among those not covered by the training received by the applicant, and whose knowledge is essential for the exercise of the profession in Spain.

Eight. -In accordance with the procedures followed, the Ministry of Education and Science shall convene annually at least one aptitude test for each of the professions referred to in this Order.

Nine. -The Secretariat of the Evaluation Committee shall convene the person concerned for the aptitude test at least 15 days in advance, announcing the date, time and place of the examination.

Ten. The qualification of the aptitude test will be "fit" or "unfit". The Evaluation Committees shall send to the Technical Secretariat of the Ministry of Education and Science within one month of the date set for the conclusion of the test, certifying certification of the qualifications awarded. At the request of the interested parties, they may provide proof of the result of the test.

Eleven. -Those interested who do not obtain the qualification of fit will be able to repeat the test in successive calls, provided that they so request by writing to the Technical Secretary General of the Ministry of Education and Science.

14th. Period of practice.

One.-The period of practice to which the applicant may choose in the terms set out in Articles 1, d), 5. º, b), and 7. of Royal Decree 1665/1991, shall be carried out with a specific programme according to the modality and duration has determined in each case.

Two. -As far as the three teaching professions related to the Ministry of Education and Science are concerned, the traineeship will be carried out in an educational establishment of the corresponding level of education, previously concluded. by the person concerned, under the supervision of a teacher appointed by the Director of the Centre.

Three.-The period of practice of applicants belonging to the professions of Psychologist and Biologist will take place in the establishment arranged by the interested party and under the responsibility and evaluation of a professional qualified with the approval of the corresponding Corporation.

Four. -During the traineeship period, interviews with the person concerned and with the responsible professional may be agreed upon or the use of other legal means of inspection to verify compliance with the established program.

Five.-The traineeship period shall be completed by the Ministry of Education and Science, a report on the professional practice carried out, signed by the supervising Professor or by the qualified professional in the case of Biologists and Psychologists. Such a report shall assess the practice of sufficient or insufficient practice.

Six. The period of practice of the relevant profession shall not exceed three years, from the date of the submission of the written option referred to in paragraph 12. However, where the assessment is 'insufficient', the professional practice may be repeated during the period to be determined in the light of the assessment carried out in the relevant report. In that case, the Technical General Secretariat of the Ministry of Education and Science shall notify the applicant, within one month, of the duration of that period.

Seven. -During the internship period the applicant shall be entitled to practice the profession, exclusively, under the supervision of the qualified professional who has been appointed. Consequently, it will not be able to pursue the profession independently.

Final Provisions

15th. -In accordance with the provisions of Royal Decree 1665/1991 of 25 October 1991, the procedure laid down in this Order shall apply from its entry into force, to all nationals of a Member State of the The European Community, which is in possession of a higher degree obtained in a State of the same, is seeking to exercise in Spain, for its own or foreign account, the professions of Psychologist, Biologist, Teacher, Professor of Secondary Education and Professor of University.

sixteenth. -The Secretaries of State of Universities and Research and of Education and the Technical General Secretariat of the Ministry of Education and Science are authorized to dictate, in the field of their competences, the precise instructions for the application of this Order.

17th. This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, January 23, 1995.

SUAREZ PERTIERRA

Excms. Mr Secretaries of State for Universities and Research and Education and Ilmos. Mr Deputy Secretary and Technical Secretary-General.

ANNEX I

National professionals of European Economic Community States wishing to practise in Spain and are in possession of a diploma issued in another Member State which regulates the profession

Don, of nationality, with national identity card or passport Place for the purposes of notification street/plaza Locality, D. P., telephone

Requests: The recognition of their higher education degree obtained in the higher education institution for the purpose of the exercise of the profession of (1), under the provisions of Royal Decree 1665/1991 of 25 October 1991, which regulates the general system for the recognition of higher education diplomas in the Member States of the European Economic Community, which requires a minimum of three years ' training, for the purpose of exercising a regulated profession.

, to 19

Signed: ..................................

Ilmo. Mr. Secretary-General (Subdirección General de Titulos, Convalidaciones y Homologaciones).

(1) In the case of teachers indicate level and specialty.

ANNEX II

National professionals from European Economic Community States wishing to practise in Spain and are in possession of a training certificate issued in another Member State which does not regulate the profession

Don, of nationality, with national identity card or passport Place for the purposes of notification street/plaza Locality, D. P., telephone

Requests: Recognition of the right to exercise of the profession of (1),

(1) In the case of teachers indicate level and specialty.

based on his training degree obtained in the higher education institution and in the professional year, years of duration, in the course of the last ten, in the State under the provisions of Royal Decree 1665/1991, Council Regulation (EEC) No 325/82 of 25 October laying down the general system for the recognition of higher education diplomas in the Member States of the European Economic Community, which requires a minimum of three years ' training for the purposes of the exercise of a regulated profession.

, to 19

Signed: ...................................

Ilmo. Mr. Secretary-General (Subdirección General de Titulos, Convalidaciones y Homologaciones).