Directive 89 /48/EEC, of the Council of the European Communities, establishes a general system for the mutual recognition of higher education diplomas attesting to a minimum of three years ' duration and indicates in its Article 12 Member States shall take the necessary measures to comply with the provisions laid down therein.

It is therefore necessary to approve the rules allowing the application in Spain of what is provided for in the said Directive, taking into account that its regulation applies only to nationals of a Member State who intend to to pursue a profession which has been regulated in the host Member State on its own or outside.

The transposition rules which are now approved will allow the removal of the existing obstacles to freedom of movement at Community level for the citizens of the Member States who are in possession of the titles which have been indicated, and shall promote their mobility, in accordance with the provisions of the Treaty establishing the European Economic Community.

Consequently, as a general rule, the person who holds professional qualifications acquired in another Member State who are similar to those required in our country to pursue a profession may access it in the same conditions as those who have obtained a Spanish title. Only where the training acquired in another Community State does not correspond to that required by the national provisions for the pursuit of the profession, or is covered in Spain activities which are not covered by the scope of the it is equivalent in the country of origin, the aptitude of the professional trained in another country may be assessed in order to adapt to the new environment through the appropriate compensation mechanisms.

finally, it must be borne in mind that the free movement of persons engaged in activities which have the character of an employed person will only be fully applicable in Spain as from 1 January 1992, in accordance with the provided for in Articles 55 to 59, inclusive, of the Act concerning the conditions of accession to the European Communities, and in the Regulation adopted on 25 June 1991 by the Council concerning the transitional period applicable to the free movement of goods movement of workers between, on the one hand, the Kingdom of Spain and Portugal, and on the other, the other States members of the Community.

In its virtue, on the proposal of the Ministers of Justice; Economy and Finance; Public Works and Transport; Education and Science; Labor and Social Security; Industry, Commerce and Tourism; Agriculture, Fisheries and Food; for the Public administrations, Health and Consumer Affairs, and Social Affairs, prior to the report of the General Councils of the professional associations concerned, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting of the day 25 October 1991,

DISPONGO:

Basic concepts

Article 1. °

For the purposes of this Royal Decree, it shall be:

(a) Title: Any title, certificate or other diploma or joint, issued by a competent authority in a Member State, certifying that the holder has passed a cycle of post-secondary studies of a a minimum duration of three years at a university, a higher education centre or another centre of the same level of training and which has the professional qualifications required to have access to a regulated profession in that Member State, provided that the training has been acquired mainly in the Community or the holder has a Three-year professional experience accredited by the Member State that has recognised the title.

Documents issued by a competent authority of that State, recognised as having equivalent level in that State, shall be deemed to be equivalent when they sanction a training acquired in the Community.

(b) regulated profession: The activity or set of professional activities for which access, exercise or any of its forms of exercise is directly or indirectly required for a degree and constitute a profession in a State member.

(c) Professional experience: The effective and lawful exercise in a Member State of the profession concerned.

(d) Period of practice: The exercise in Spain for a maximum period of three years of a regulated profession under the responsibility of a qualified professional appointed by the Ministry to which the relationship with the a corresponding Corporation or, where applicable, Institution, once heard is and at the request of the person concerned.

(e) aptitude test: An examination of the professional knowledge of the applicant, in which he/she will assess his/her aptitude for exercising the profession in Spain. It shall relate to matters whose knowledge is essential for the exercise of the profession in Spain and which are not covered by the qualification provided by the applicant. The knowledge of the deontology applicable in Spain to the respective profession may be included in this test.

Scope

Art. 2. °

1. The rules laid down in this Royal Decree shall apply to nationals of a Member State of the European Economic Community who, being in possession of a diploma obtained in a State of the indicated Community, intend to exercise in Spain on behalf of is a regulated profession, for which a minimum of three years ' training is required.

2. It will also be governed by the provisions of this Royal Decree on the accreditation by the Spanish authorities that nationals of a Member State have acquired in Spain a higher level of training of at least three years which they can exercise a regulated profession in another Member State.

3. This Royal Decree shall not apply to professions which have been the subject of a Directive establishing mutual recognition of diplomas between Member States.

4. In the matters covered by the Directive which is the subject of transposition, the provisions of the Directive and the rules which are laid down in this Royal Decree are laid down in this Directive.

Art. 3. °

For the purposes of this Royal Decree:

(a) They have the status of regulated professions as listed in Annex I.

(b) The Ministries with which the titles giving access to the regulated professions are listed are specified in Annex III.

(c) The Ministries to which the relationship with the different professions in the field of competence of the State Administration is responsible are specified in Annex IV.

Recognition of titles

Art. 4. °

1. For access to the activities of a regulated profession, with the same effects as the corresponding Spanish title, the diplomas obtained in the Member States which have the power to carry out the same profession are recognised in Spain.

2. If, in the Member State which issued the evidence of formal qualifications of at least three years ' duration, the profession is not regulated, only the right to professional practice shall be recognised where the applicant has exercised full time the profession indicated for two years in the course of the preceding 10 years in one of the Member States which does not have a regulated profession and is in possession of one or more training certificates which have been prepared for the exercise of that profession. profession.

Art. 5. °

Only if the special circumstances specified below are met, it may also be required for the recognition of the titles referred to in the preceding article:

(a) Overcome an aptitude test, where the applicant is intended to pursue the professions listed in Annex II, which require precise knowledge of Spanish law and in which an essential and constant element of the exercise of the professional activity is the advice and/or assistance related to Spanish law.

(b) Submit to an aptitude test or to carry out a period of practice, at the choice of the applicant, in cases where the training received by him comprises matters substantially different from those covered by the title required, or where the relevant profession covers in Spain one or more professional activities which do not exist in that same profession in the country of origin, and this difference is characterised by a specific training required in the applicable Spanish provisions, and relates to matters substantially different from those of covered by the titles presented by the applicant.

Art. 6. °

1. The aptitude test shall take into account the fact that the applicant is a qualified professional and shall refer to the subjects to be chosen from among those appearing on a list to be drawn up by the Ministry to whom it is appropriate to appoint the Evaluation Committee, in accordance with the Commission's assessment of those listed in Annex III, on the basis of the comparison between the training required in Spain and the one received by the applicant. That list shall include those matters which are not covered by the title of the applicant.

2. The members of the Evaluation Committee for the aptitude test shall be appointed for the purpose by the Ministries listed in Annex IV, in accordance with the Ministries specified in Annex III which are affected.

3. Representatives of the Ministries listed in Annexes IV and III, appointed after consultation of the Corporations or, failing that, corresponding institutions, shall be part of the Evaluation Commission.

4. The applicant who decides to prepare for the aptitude test in Spain shall make it known to the respective Corporation or, failing that, institution, in order to be able to use the means of training which they have in similar conditions or those of your schoolgirls or associates.

Art. 7. °

1. In the period of practice, a programme shall be developed, the modalities, duration and evaluation of which shall be determined by the competent ministerial department of those listed in Annex IV, in accordance with the programme referred to in Annex IV.

annex III.

2. During that period of practice, health care shall be ensured by the social security scheme where the professional is a holder or a beneficiary in his own country of that scheme, the Community regulations being applied accordingly. 1408/71, relating to the social security schemes of employed persons and their families moving within the Community, and 574/72, which lays down detailed rules for the application of such legislation.

3. Where the social security scheme does not apply to the professional activities carried out in the period of practice, the Corporation or, failing that, the institution concerned shall take the necessary measures to ensure that the applicant who decides to carry out such practices may access during the same health care to which the members or members of the association are entitled in similar conditions.

4. The applicant shall, before the start of the traineeship period, take out an accident policy with the relevant professional mutual benefit or, failing that, an insurance undertaking, in the event that the scheme of the insurance scheme does not apply. Social Security.

5. During the traineeship period, the applicant may receive remuneration, as appropriate to the nature of his activity and to the legal relationship established.

Art. 8. °

1. The verification that the diplomas, certificates and other evidence of formal qualifications awarded to nationals of the Member States of the European Economic Community correspond to the qualifications which enable access to the activities of the professions in Spain related to Annex I to this Royal Decree shall be carried out by the Department to which the relationship with the respective profession is entrusted, after consultation, if any, with the Ministries listed in Annex III. In the event of doubt about such documentation, the Ministry concerned may require the competent authority of the State of origin to confirm the authenticity of the document.

2. The verification of certificates issued by the competent authorities of the State of origin and submitted by the persons concerned by certifying that they have exercised the profession, in accordance with the provisions of Article 4 (2) of the Treaty. This Royal Decree shall also be made by the Ministry to which the relationship with the respective profession corresponds.

Art. 9. °

1. The competent authorities to prove that the title obtained by Spaniards or nationals of other Member States of the European Economic Community who are in possession of an official Spanish title requiring a minimum education training More than three years of age and an authority to pursue a profession, it complies with the conditions laid down in Article 2. °, 2 of this Royal Decree, are the Ministries listed in Annex III. Such accreditation shall be based on the certificates issued by the Rectors of the Universities or by the competent authority, in other cases, to issue the titles giving access to the other professions listed in that Annex.

2. Spaniards or nationals of other Member States of the European Economic Community who are in possession of an official Spanish title, when they have to prove, in order to be able to establish themselves in other Member States, to have exercised effective and legally the profession for a certain number of years, will request from the Ministry indicated in the number one of this article the accreditation that collects the precise ends to this effect.

The application referred to in the preceding paragraph must be accompanied by a certificate to be issued by the following:

(a) In the case of those who freely exercise the profession or act as an employed person in the private sector, the Corporation or, failing that, a corresponding institution.

(b) In the case of those who carry out the professional exercise in the public sector, the Central Personnel Registry of the Ministry for Public Administrations, the competent services of the Ministry to which it corresponds related to Annex III, the relevant organ of the Autonomous Community, or the Mayor of the locality, in the case of persons exercising their profession in the Local Administration.

Art. 10.

nationals of Member States who fulfil the conditions for access to and the exercise of a regulated professional activity in their territory are recognised as having the right to use their academic title of training of origin and, in their case, the abbreviation in the language of that State. The name of the citizen and the institution which issued it must be recorded as a minimum in that title, however, for professional purposes, the Spanish name corresponding to the training received must be used.

Other Provisions

Art. 11.

The national of a Member State of the European Economic Community in possession of a diploma, diploma or certificate recognised in accordance with the provisions of Articles 1 to 10 of this Royal Decree, which he wishes established in Spain, must comply with the same procedures as for the exercise of the profession on its own account are required of the corresponding Spanish professionals.

Art. 12.

1. The procedure for examining an application for the exercise of a regulated profession shall be for a maximum of four months from the date of the submission of the full documentation of the person concerned and shall end with a decision. motivated.

2. The notification of the decision shall indicate the resources and the time limits for the decision.

Art. 13.

This Royal Decree shall apply both to the exercise of the profession on its own account and to the employed person, in this case in the terms laid down in Articles 55 to 59, inclusive, of the Act concerning the Conditions of Accession of the Kingdom of Spain to the European Communities and Regulation (EEC) No 2.194/91adopted on 25 June 1991 by the Council concerning the transitional period applicable to the free movement of workers between Spain and Portugal and the other Member States.

Art. 14.

1. Those who, in accordance with the provisions in force, are entitled to pursue activities in Spain in respect of one of the regulated professions listed in Annex I, on the basis of certificates which are no longer issued, shall enjoy the same rights. that this Royal Decree recognizes those in possession of the current official professional title.

2. For the purposes of the preceding paragraph, it is necessary to check in advance by the Ministry to which Article 9 (9) has given the power to issue the accreditation of the securities, which the professional powers derived from the former The title is sufficiently consistent with those of the current profession.

FINAL PROVISIONS

First.

For the development and application of the provisions of this Royal Decree to each of the professional sectors, the orders that are precise, dictated by joint proposal of the affected ministries, will be approved once heard the Corporations or, failing that, corresponding institutions.

Second.

The application of the rules of Directive 89 /48/EEC to the profession of Agents of Industrial Property shall be carried out by means of a specific regulation.

Third.

The Annexes to this Royal Decree will be updated when circumstances require it by a Royal Decree to be approved on a joint proposal of the Ministries to which the amendment will affect.

Fourth.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid to October 25, 1991.

JOHN CARLOS R.

The Minister of Relations with the Courts and the Government Secretariat,

VIRGILIO ZAPATERO GOMEZ

ANNEX I

Relationship of regulated professions in Spain

Legal, Accounting and Economic Sector

Lawyer.

Procurator.

Social Graduate.

Economist.

Insurance Current.

Diplomat in Business Sciences and Commercial Professor.

Real Estate Agent.

Auditor of Accounts.

Passive Classes Enabled.

Administrative Manager.

Healthcare Industry

Nurse generalist with specialty, except in obstetrician-gynecological specialty.

Physical Therapist.

Optical.

Podiatrist.

Psychologist.

Technical and Experimental Sciences Sector

Biologist.

Physical.

Geologist.

Chemical.

Aircraft Engineer.

Agronomist Engineer.

Roads Engineer, Channels, and Ports.

Industrial Engineer.

Mine Engineer.

Montes Engineer.

Naval Engineer.

Telecommunication Engineer.

Aeronautical technical engineer.

Agricultural technical engineer.

Public works technical engineer.

Industrial technical engineer.

Technical mine engineer.

Forest technical engineer.

Naval technical engineer.

Telecommunications technical engineer.

Technical engineer in topography.

Technical architect.

Cultural Sector

Master.

Secondary Education Teacher.

Professor of University.

Professor of Schools of Tourism.

Miscellaneous Sector

Diploma in Social Work.

ANNEX II

Relationship of professions for which an accurate knowledge of national law is required and which require aptitude test

Lawyer.

Procurator.

Social Graduate.

Auditor of Accounts.

ANNEX III

Ministries with which titles are related that give access to the regulated professions that are listed

Ministry of Education and Science

(a) In the case of diplomas awarded by the Universities which allow access to the following professions:

Lawyer.

Procurator.

Social Graduate.

Economist.

Insurance Current.

Diplomat in Business Sciences and Commercial Professor.

Physical Therapist.

Optical.

Podiatrist.

Psychologist.

Biologist.

Physical.

Geologist.

Chemical.

Engineer (of each branch).

Technical engineer (for each branch).

Technical architect.

Master.

Secondary Education Teacher.

Professor of University.

Professor of Schools of Tourism.

Diploma in Social Work.

b) When issuing the title allowing access to the profession, the Ministry itself:

Nurse generalist with specialty.

Ministry of Public Works and Transport

Real Estate Agent.

Ministry of Economy and Finance

Auditor of Accounts.

Passive Classes Enabled.

Ministry for Public Administrations

Administrative Manager.

ANNEX IV

Ministries to which the relationship with the different professions corresponds

Ministry of Justice

Lawyers.

Attorneys.

Ministry of Economy and Finance

Economist.

Insurance actuaries.

Diplomates in Business Sciences and Professors.

Accounts Auditors.

Passive Classes Enabled.

Ministry of Public Works and Transport

Real Estate Agents.

Roads Engineers, Channels, and Ports.

Aeronautical Engineers.

Telecommunications Engineers.

Technical engineers of public works.

Technical engineers in topography.

aeronautical engineering engineers.

Telecom technical engineers.

Technical architects.

Ministry of Education and Science

Psychologists.

Biologists.

Teachers.

Secondary Education Teachers.

University Teachers.

Ministry of Labor and Social Security

Social Graduates.

Ministry of Industry, Commerce and Tourism

Physical.

Geologists.

Chemicals.

Industrial Engineers.

Mines Engineers.

Naval Engineers.

Industrial technical engineers.

Technical mine engineers.

Naval technical engineers.

Teachers of Tourism Schools.

Ministry of Agriculture, Fisheries and Food

Agricultural Engineers.

Montes Engineers.

Agricultural technical engineers.

Forest technical engineers.

Ministry for Public Administrations

Administrative Managers.

Ministry of Health and Consumer Affairs

Generalist nurses with specialty.

Physical Therapists.

Optical.

Podologists.

Ministry of Social Affairs

Social Work Diplomates.