The Directives of the Council of the European Communities 64 /429/EEC and 64 /427/EEC of 7 July 1964 on the attainment of freedom of establishment and the freedom to provide services in activities on behalf of the European Union It is necessary to implement the provisions of the Treaty on the European Community, which are designed to ensure that the rules governing the application of the provisions of Directive 82/489/EEC of 19 July 1982 on the services of hairdressers are necessary to remove any discriminatory treatment between nationals of the Member States of the EEC, in the field of the establishment and provision of services in the business, craft, purpose to which the present Royal Decree responds,

In its virtue, on the proposal of the Minister of Industry, Commerce and Tourism, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of April 15, 1992,

DISPONGO:

Article 1. This Royal Decree shall apply to the own-account activities of production and processing which have the status of an artisan and which, being included in classes 23-40 of the CITU, are listed in the Annex to Directive 64 /429/EEC, July 7, 1964, which is published in the Annex to this Royal Decree; it will also apply, among the activities of the group 855 CITI, to the activities of hairdressers.

Art. 2. 1. The following are excluded from the scope of this Royal

:

a) In the chemical industry:

To the manufacture of medicinal products and pharmaceuticals.

b) In the construction of transport material:

To shipbuilding and ship repair.

To the construction of railway equipment (vehicles and parts of vehicles).

To aeronautical construction (including the construction of space material).

2. This Royal Decree shall not apply to eye examinations carried out by opticians, with a view to the manufacture of glasses for glasses.

Art. 3. Natural persons and companies of a Member State of the EEC shall enjoy the freedom of establishment and freedom to provide services for the activities referred to in the first Article, in the terms of the present Royal Decree and shall enjoy the right to join the professional organisations, under the same conditions and with the same rights and obligations as nationals.

Art. 4. 1.

For the access or exercise of some of the activities mentioned in the first article, which is intended to be carried out on Spanish territory and which requires general, commercial or professional knowledge and skills, it will be accepted as sufficient evidence of such knowledge and ability to exercise effectively in another Member State of that activity, in any of the following ways:

(a) For six consecutive years, either independently or as a manager in charge of the management of the company.

b) For three consecutive years, either independently or as a manager in charge of the management of the undertaking, where the beneficiary can prove that he has received training in respect of the profession concerned; prior to at least three years, attested by a certificate recognised by the State or deemed to be fully valid by a competent professional body.

(c) For three consecutive years, on an independent basis, where the beneficiary can prove that he has pursued the profession in question for five years at least.

(d) For five consecutive years, in the management functions of which at least three years have been engaged in technical functions involving the responsibility of at least one sector of the undertaking, where the beneficiary may prove that it has received, in respect of the profession concerned, a prior training of at least three years, attested by a certificate recognised by the State or deemed to be valid by a competent professional body.

In the cases referred to in points (a) and (c), that activity shall not have ceased more than 10 years before the date of submission of the application for the exercise of the activity in question. The activities of hairdressers, carried out independently or as a manager in charge of the management of the undertaking referred to in those letters, must have been carried out from the age of twenty years.

2. Where different qualifications are provided for, in the case of the activities of knights and ladies ' hairdressing, it may be required that the activity in question has been carried out and the training has been received in the same speciality in which the beneficiary requests to establish.

3. The conditions for the effective and lawful pursuit of the activities considered in another Member State, for the purposes of possessing knowledge and skills, shall be certified by certification issued by the authority or body. the competent authority of the Member State of origin or the Member State of origin, which the person concerned must submit in support of his application for authorization for the exercise of the activity.

Art. 5. 1. In the event of a request for access to some of the activities referred to in the first article, proof of good repute and proof of failure to have been declared bankrupt or only one of them shall be accepted as evidence sufficient, in respect of nationals of other Member States, of a certificate of criminal records or, failing that, of an equivalent document issued by the competent judicial or administrative authority of the country of origin or from which the fulfilment of these requirements has been removed.

2. Where the country of origin or the country of origin does not issue the said document, in relation to the good repute and the absence of bankruptcy, it may be replaced by an affidavit made by the person concerned before the judicial authority or administrative, a notary or a competent professional body in the country of origin or the country of origin.

3. In the case of proof of financial solvency, certificates issued by the banks of the country of origin or the country of origin to those issued in Spain shall be equated.

4.

Documents that are issued in compliance with the provisions of the preceding paragraphs, at the time of filing, may not be dated before three months.

Art. 6. Once the adequacy of knowledge and skills required, where appropriate, for the effective exercise of the activity, in accordance with the provisions of this Royal Decree and upon application by the person concerned, is established, the competent authority shall grant the authorisation for their exercise in the Spanish territory.

ADDITIONAL DISPOSITION

For the purposes of this Royal Decree, it is considered competent authority to certify the exercise of the activities in Spain and to authorize the exercise to the nationals of the other member countries of the EEC, to the organ The competent authority of the Autonomous Community, to whose effect the Autonomous Communities shall communicate to the Ministry of Industry, Commerce and Tourism, the name of the authorities responsible for certifying the exercise of their activities (a) the scope of the Directive and the scope of the Directive, in particular for the purpose of the Directive. the EEC, in order to comply with Article 7 of Directive 64 /427/EEC, Article 7 (4) of Directive 64 /429/EEC and Article 5 of Directive 82 /489/EEC.

Dado en Madrid, a 15 de abril de 1992.

JOHN CARLOS R.

The Minister of Industry, Commerce

and Tourism,

JOSE CLAUDIO ARANZADI MARTINEZ

ANNEX

List of the professional activities referred to in Article 1.

del Real Decreto (1)

Group

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 and Manufacturing Industry

of paper items

271 Manufacture of pulp, paper and cardboard.

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

Class 28

280 Printing, editing and ancillary industries.

Class 29. Leather industries

291 Curtition and leather finish.

292 Manufacture of leather goods and the like.

Ex class 30. Rubber, plastics, artificial or synthetic fibres, and industrial products, of a kind

for plastics

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 CITU) (2).

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 CITU).

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 gras, porcelains, 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 finished articles, in metals, excluding electrical equipment.

359 Auxiliary activities of the mechanical industries.

Class 36. Construction of non-electric 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 other specific materials.

369 Construction of other machines and electrical 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 material

transport

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 mcop transport material.

Class 39.

Miscellaneous 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 Various 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.

(1) This list has been established in the Community languages on the basis of the Nomenclature of the industries established in the European Communities (NICE), supplementary number of the series "Industrial statistics" of the Office Statistics of the European Communities, Brussels, June 1963.

(2) The manufacture of margarine as well as edible fats is part of the food industry, both in agreement with the NICE (group 200) and in accordance with the CITU nomenclature (part of group 209) (Annex II of the (general programmes).