Spain

EUROPEAN UNION ROMANIAN GOVERNMENT

MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND

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European Social Fund POS DRU 2007-2013

Structural instruments 2007 - 2013

1

EUROPEAN SOCIAL FUND

Sectoral Operational Programme Human Resources Development 2007 – 2013

Priority Axis 3 “INCREASING ADAPTABILITY OF WORKERS AND ENTERPRISES”

Key Area of Intervention 3.3 “Development of partnerships and encouraging initiatives for social partners

and civil society”

Project title: “The Network of Competent Authorities for Professional Qualifications in Romania

(IMI PQ NET Romania)”

Beneficiary: the Ministry of National Education

Contract no.: SOPHRD/93/3.3/S/53132

THE PROCESSES FOR COMPETENCE

CERTIFICATION AND QUALIFICATION

RECOGNITION IN SPAIN

Author:

Professor Eng. Liviu Sevastian BOCII, Ph.D

Translation in English:

Prof Trad

March 2013



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TABLE OF CONTENTS

Introduction........................................................................................................................ 5

I. The Process for Professional Competence Certification in Spain............................. 7

I.1 The education system............................................................................................ 9

I.2 Adults’ education.................................................................................................. 16

I.3 Evaluation and Certification of Professional Qualifications Achieved in

Informal and Non-formal Contexts …………………………………………….. 21

I.4 National Qualification Framework in Spain Related to the European Qualification

Framework ………………………………………………………......................... 28

II. The Process for Professional Qualification Recognition in Spain ………….……. 30

II.1 Legal and institutional framework for the recognition of qualifications achieved

in other SMs of the EU, EEA and Swiss Confederation in other MS of the EU,

the EEA and the Swiss Confederation ……………………................................. 30

II.2 Regulated professions and competent authorities………………………….......... 32

II.3 IMI Statistics on Regulated Professions Registered in the Spanish System Compared to

Those Registered in Romania ….............................................................................. 57

Conclusions…………………………………………………………….…………………. 59

Bibliography ………..……………………………………………..…………………….. 62



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INTRODUCTION

This study, as well as other similar studies for comparative analysis of the processes

for competence certification and qualification recognition in Italy, Spain, Germany,

Denmark, Great Britain and the Czech Republic, accounts for one of the results generated by

the “The Network of Competent Authorities for Professional Qualifications in Romania (IMI

PQ NET Romania)” project implemented by the Ministry of National Education (MEN) in

partnership with the National Qualifications Authority (ANC) and the Institute for Social

Policies (ISP), co-financed from the Social European Fund through the Sectoral Operational

Programme for Human Resources Development 2007 – 2013 (SOPHRD 2007-2013).

The overall objective of the “The Network of Competent Authorities for Professional

Qualifications in Romania (IMI PQ NET Romania)” project consists in the creation and

consolidation of the IMI (Internal Market Information) network for the professional

qualifications in Romania (IMI PQ NET) for supporting the EC initiative regarding the

development of the Internal Market Information System, the development of a common

initiative for this purpose at national level, being focused on the consolidation of the

capacity of the social partners (governmental agencies and organizations, professional

associations) in promoting the sustainable development by creating the proper tools and

mutual communication and consultation channels for an effective communication with

the similar organizations in the European Union and the European Economic Area

(EEA) through the IMI platform.

For achieving the overall objective, the Ministry of National Education, as the

applicant beneficiary of the project, has set the following specific objectives:

OS1 – the creation and development of a national network for the implementation of the

Internal Market Information System (IMI) through the consolidation of the capacity the

social partners have through the creation of mutual communication and consultation

channels;

OS2 – the development and implementation of common reference terms on the standards

for the certification of Romanian workers’ competences and for the recognition of the

communication citizens’ professional qualifications;



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OS3 – the implication of the Network members in the exchange of information mediated

by the IMI platform through the provision of information / data on the applications

forwarded through this platform by the EU / EEC organizations / associations.

For the elaboration of the comparative studies, the foreign methodology experts of the

National Qualifications Authority have analyzed the sources of information at national

level (in the analyzed country and in Romania) and at community level (comparative studies

conducted at European Union level) and have participated in study visits in several European

Union Member States (EU MS) of the where they had the opportunity to complete their

research work through exchanges of experience with representatives of the Competent

Authorities on various regulated professions in those countries.

The final objective of the studies elaborated in the benefit of the IMI PQ NET

network members, as well as of the study visits refers to the achievement of the project

specific objectives for the creation of mutual communication and consultation channels both

among the members in the national network as well as among them and their homologous

parties in the visited EU MS for the development and implementation of certain common

reference terms on the standards for competence certification and professional qualification

recognition (by taking over and adapting the examples of best practices known and better

understood during the study visits), for the consolidation of the IMI PQ NET Romania

network member capacity for becoming involved in the exchange of information mediated by

the IMI platform.

The comparative study on Spain - Romania is based on the research activity carried

out in 2012 by the foreign methodology experts of the National Qualifications Authority

and on the experience of a study visit to Madrid, Spain, between January 21st, 2013 and

January 26th

, 2013, for which we would like to thank our Spanish partners representing the

following institutions: INCUAL (the National Institute for Qualifications), IMI España

(NIMIC), CIDEAD (the Centre for Innovation and Development of Distance Education), the

Ministry of Education, Culture and Sport, CCOO (the Union Confederation of Labour

Commissions), the Ministry of Agriculture, Food and Environment, SEPE (the Public

Employment Service), The Three-party Employment Foundation, the Ministry of

Development.



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I. THE PROCESS FOR PROFESSIONAL

COMPETENCE CERTIFICATION IN SPAIN

The process for competence certification is the process in which an accredited

institution certifies that a person has competences in a certain field by issuing a document

called a certificate of professional competence. A certificate of professional competence is

not an education degree, but it certifies that a person has a certain level of expertise in a given

field and this allows him/her to have better chances for finding a job and to provide more

credible services and products.

The basic principles of the process for the professional competence certification are

the following:

The competence certification is an optional and not mandatory process. However, there

may be institutional policies requiring the certification of its members’ competences as a

requirement for becoming part of that organization;

The evaluation of the professional qualifications may be done by the same organization

having certified the competences or by another organization;

In general, the professional competence is being certified as a whole and not just parts of

it;

The professional competence certification is a process distinct from the training process

(meaning that an organization granting – by its nature – professional competences cannot

be directly involved in their certification);

The training centres may facilitate the professional competence certification process by

partnerships and agreements with the competence certification organizations.



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A centre or an institution may certify the professional competences if it meets the

following conditions:

It has implemented competence certification and evaluation procedures pursuant to the

minimum quality standards in the field;

The procedures used are consistent with the legal provisions in force;

It has national and/or international accreditation for the professional competence

certification, which legally sustains the certificates issued;

It has implemented a quality management and assurance process that is very well

developed;

The issued certificates of professional competence (a topic covered in sub-chapter II.2,

page 32) have to be recognized by other similar organizations.



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I.1. THE EDUCATION SYSTEM AND THE DIPLOMAS /

CERTIFICATES ACHIEVED THROUGH IT

In the Spanish education system (whose overall diagram is shown in figure 1),

subject to several legislative documents: the Education Organic Law No. 2/2006 (Ley

Orgánica 2/2006 de Educación), the Organic Law 6/2001 as of December 21st, 2001

regarding the universities1 (Ley Orgánica 6/2001 de 21 de diciembre de 2001, de las

universidades), one of the principles for the structuring of the education process during a

school year is to approach the school year as a whole, unlike Romania, where the school year

is divided into trimesters or semesters.

The Spanish public educational system is divided into 3 distinct modules:

1. Elementary education: 6 years of study, between the age of 6 and 12 (grades I - VI);

2. Secondary education: 4 years of study, between the age of 12 and 16 (grades VII - X);

3. Baccalaureate (bachillerato): 2 years of study, between the age of 16 and 18 (grades XI -

XII).

After the completion of the secondary education (at the end of the 10th

grade), the

students may leave school and they are granted a graduation certificate for the secondary

education or they may continue their education in high school for two years and they are then

being granted the "Bachiller" title. During the secondary education, most of the subjects are

mandatory: Natural Sciences, Social Sciences, Fine Arts and Visual Arts, Spanish Language

and Literature, Foreign languages (usually English), Mathematics, Music, etc.

During the Bachillerato module, in the 11th

grade the mandatory subjects are the

following: Spanish Language and Literature I, Foreign languages I (usually English),

Philosophy and Physical Education and in the 12th

grade the mandatory subjects are: Spanish

Language and Literature II, Foreign languages II (usually English) and History. During both

of the Bachillerato grades, the students have to choose – depending on their future academic

1 BOE nr. 307 as of December 24

th, 2001, p. 49400

http://www.juntadeandalucia.es/educacion/webportal/web/iacp/normativa/nacional/-/normativas/detalle/ley-organica-2-2006-de-educacion-1

http://www.juntadeandalucia.es/educacion/webportal/web/iacp/normativa/nacional/-/normativas/detalle/ley-organica-2-2006-de-educacion-1



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specialization – other 3 subjects among the following: Physics, Chemistry, Biology,

Mathematics, Latin, Greek or other subjects included in the optional curriculum.

Unlike Spain, the pre-academic education national system in Romania is divided into

the following levels2, (see diagram in figure 2):

early education (0 - 6 years), including the pre-preschool level (0 - 3 years) and the

preschool education (3 - 6 years), which includes the lower preschool group, middle

preschool group and upper preschool group;

primary education, including the grade 0 and grades I - IV;

secondary education, which includes: the lower secondary education or gymnasium,

covering grades V - IX; the upper secondary education or high school, covering the

high school grades X - XII/XIII, with the following sections: theoretical, vocational and

technological;

vocational education, lasting between 6 months and 2 years;

non-academic tertiary education, including the post-high school education.

2 National Education Law no. 1 as of January 5

th, 2011, Chapter II, Section 1, Article 23, paragraph 1,

Romanian Official Gazette, Part I, no. 18 as of January 10th

, 2011



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Fig. 1. The educational system in Spain

Mandatory and non-mandatory education

The schooling of underage children between 6 and 16 is mandatory and free of

charge both in Spain and in Romania.

In Spain there are two types of educational centres:

Public centres that depend on the Public Authority’ they are managed by the Education

Department within the Spanish Government. These centres are free of charge.

“Concerted” centres that depend on the religious institutions or private bodies having

signed collaboration agreements with the Education Department within the Spanish

Government.



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The educational centres may be classified depending on the educational module:

Child and Primary Education attended by children aged 3 – 12 years;

Mandatory Secondary Education (MSE) – attended by children aged 12 – 16 years;

Non-mandatory secondary education: Baccalaureate and Vocational Education.

The Baccalaureate is the final stage of the Secondary Education, has a voluntary

nature and lasts for two years, usually between 16 and 18 years.

The vocational and technical education in Spain includes three modules:

An initial professional qualification programme (for young people aged 16 – 20 years,

who have not been granted a Secondary Education Graduation diploma, following

which the student is granted a certificate giving him/her the opportunity to have access to

the labour market or an average level vocational training where he/she would study

technical subjects and also general knowledge subjects in order to be granted the

mandatory secondary education graduation certificate);

The average level formative module (for students having graduated the 10-year

mandatory education; it lasts for 2 years – 2000 hours. Therefore, this module includes

three categories of subjects: technical, specific to the qualification; management;

practical training at the business agent for 3 months at the end of the second year of

training. At the end of the average level formative module the student is awarded the

technician diploma (técnico) and he/she is able to continue his/her education in two

ways: in the higher level formative module, followed only by higher education in the

field or in the high school higher module followed by any kind of higher education);

The higher level formative module (for students having graduated the average level

formative module or the high school higher module. It is regarded as higher education

but it is not assimilated by the academic education. It lasts for 2 years – 2000 hours.

This module includes three categories of subjects: technical, specific to the qualification;

management; practical training at the business agent for 3 months at the end of the

second year of training. At the end of the formative module the graduates are awarded



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the higher technician diploma and they are able to continue their education only in the

faculties in the field3).

In Romania4 the vocational and technical education is made of: vocational

education, technical education and post-high school education. Unlike Spain, the vocational

and technical education is divided into three educational levels: lower secondary education

(the final two years of study of the ISCED 2 level, part of the mandatory education); higher

secondary education (ISCED 3); post-high school education (ISCED 4)

The graduates having obtained the professional certification for a Level 1

qualification may attend the 11th

grade, the completion year, which allows them to obtain the

professional certification for a Level 2 qualification.

Fig. 2. The structure of the Romanian educational system5

3 http://www.leonardoprovidence.eu/wpcontent

4 www.tvet.ro

5 Country Module - Romania © Nuffic | 2nd edition March 2011 | version 2, August 2012 (Legend: the number

in the upper left corner - duration in years; the number in the upper right corner – NQF level; arrows –

transferability; writing in boxes – type of education and graduation document).

http://www.leonardoprovidence.eu/wpcontent

http://www.tvet.ro/



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The graduates who complete the completion year and who obtain a professional

certification for a Level 2 qualification may attend the high school higher module years.

From the point of view of the qualification levels in Spain and Romania, according to the

Decision 85-368-EEC6 of the European Council, the vocational education provides the

qualification Levels 1 and 2, which are consistent with Levels 2 and 3 EQF.

Post-high school education: post-secondary school and foremen’s school, which are

training specialized routes lasting for 1 – 3 years, and leading to the issue of a certificate of

professional competences for Level 3 advanced (specialized technicians).

The academic studies in Spain are regulated by the Royal Decree 1393/20077 as of

October 29th

(amended by the Royal Decree 861/2010 as of July 2nd

), which establishes the

organization of the Spanish higher education pursuant to the general guidelines of the

European Higher Education Area (EEES).

The bachelor academic studies are – as in Romania – the first level of higher

education according to the Bologna Process (June 19th

, 1999), with duration of 3 – 4 years

and a total number of 180 – 240 ECTS credits.

The master’s academic studies end with the scientific academic and research

formation leading to the granting of the master’s title, which is valid in all the EU countries

having entered the European Higher Education Area (EEES). These academic studies last for

one or two academic years and cover a total number of 60 – 120 ECTS credits.

The PhD academic studies in Spain are regulated by the Royal Decree 99/2011 as of

January 28th

and end with the formation of the doctors in the advanced scientific research.

They are divided into two modules: theoretical courses with at least 60 ECTS credits and a

scientific research module ending with a public presentation of an original scientific research

paper (PhD thesis), and the PhD student obtains the title of doctor in science.

The maximum timeframe the PhD student may benefit from for completing the PhD

studies is of three years, full-time education, (the Bologna System also used by Romania),

and he/she may also attend part-time courses for five years.

6 http://eur-lex.europa.eu

7 BOE no. 260 as of October 30

th, 2007, p. 44037 - 44048

http://eur-lex.europa.eu/



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Moreover, the Spanish PhD student may be granted an “European PhD” if he/she attends at

least 3 months of the PhD training stage in an European partner university and the PhD thesis

has to be presented – in this case – to the public presentation commission (which has to

include a member of the partner university) in an international language other than Spanish.

If we analyze the diagrams in figures 1 and 2 we observe that the educational systems

in the two analyzed countries are somehow similar as the mandatory and free of charge

education is of 10 years (the elementary and secondary education in Spain and the primary

and gymnasium education (lower secondary) in Romania), the high school education ends

with the baccalaureate examination and the academic education is structured in both countries

according to the Bologna process: bachelor, master and PhD.



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I.2. ADULTS’ EDUCATION

According to the current policies in the educational field, the adults’ education has the

following objectives:

the achieving of basic training, the permanent expansion and renewal of knowledge,

competences and skills and the facilitation of access to all types of learning provided by

the Spanish educational system;

the improvement of the professional qualification or the achieving of training for the

practicing of other professions;

the development of the personal professional abilities in the expressive and

communicative fields, interpersonal relations, etc.;

the development of the capacity to become part of the social, cultural, political and

economic life, making the person’s right to a democratic citizenship become effective;

the promotion of programmes correcting (minimizing) the risks of social exclusion,

mainly from the disadvantaged fields;

the proper response to challenges such as the progressive aging of the population, giving

the elders the opportunity to improve and update their competences;

the anticipation and peaceful solving of the personal, family and social conflicts. The

promotion of the actual equal rights and chances between men and women as well as the

critical analysis and evaluation of inequalities between them.

In general, the Adults’ education includes various activities related to training, formal

and non-formal education and teaching, which are focused on specific or extraordinary tests

allowing the persons to be granted academic and professional titles as well as to pass

admission tests for certain courses.

In Spain, the adults’ education and formation up to the lower secondary level

(consistent with 10 years of school, ISCED 1 and 2) consist in six stages. They are meant for

people over 18 years, who have not completed their mandatory education.



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The knowledge and skills consistent with the primary education (the first 6 years of

school, ISCED 1) are provided by programmes that are generally divided into two levels

(although certain Autonomous Communities have a three-level structure): alphabetization

and numeration (the first level) and consolidation of basic skills (level two). The lower

secondary education for adults (ISCED 2) is divided into three fields: communication, social

studies and science and technology. Each field is divided into modules (módulos). The

successful completion of all the modules in all the fields is consistent with the completion of

the lower secondary education.

One of the most important challenges for the adult students who want to complete

their formal education and training is to reconcile their learning commitments with their other

duties such as to their family and their job. For this particular reason, many adults going back

to school look for programmes where the constraints on learning (regarding the time, place,

learning pace or method) are minimized. Both in Spain and in Romania the night classes and

the part-time classes partly meet these requirements. Moreover, there are other ways to

provide them, such as: the open education, the distance education and training and the e-

learning, which are particularly adjusted to the needs of the adults going back to school.

In most of the European countries, the open and distance education up to the upper

secondary level is provided mostly through local initiatives (such as ad hoc projects at

institutional level) or activities carried out by private training providers. The national level

actions and the initiatives in this field are quite rare.

In Spain, the formal distance education is managed by the Spanish Ministry of

Education through the Centre for Innovation and Development of Distance Education

(Centro para la Innovación y Desarrollo de la Educación a Distancia – CIDEAD). The

Centre covers various formal programmes and qualifications (from the primary level to the

upper secondary level), as well as a training programme for distance education designed for

teachers. Moreover, some of the Autonomous Communities have established special centres

for the adults’ distance education, which cover various formal programmes and qualifications

(from the primary level to the upper secondary level).

The alternative ways for providing the higher education programmes usually include

the open and distance education and the IT-aided education.



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In Spain, the Open University (Universidad Nacional de Educación a Distancia –

UNED) was created in the beginning of the 1970 and at this moment it has more than 160

000 students. This higher education institution – the largest in the country – provides 26

higher education programmes and over five hundred courses of continuous training.

The AULA MENTOR8 Project

The MENTOR Project started its development in 1990 and in 1992 the first

classrooms opened. AULA MENTOR is a distance learning educational system designed for

adults and it consists in:

A learning IT platform posting the contents of the classes and of the other teaching

activities (seminars, etc.) allowing the follow-up of the student’s evolution;

A teacher who is specialized in the topic of the course, the trainer, who answers the

student’s questions and reviews his/her exercises and activities at the same time;

A person in charge with the virtual classroom, the administrator, who provide guidance

and registration of the students and who is actually in charge with the classroom

administration.

If the trainee has a computer in the indicated generation he/she may attend the class

from his/her own home.

The evolution of the number of students registered in the AULA MENTOR between

1997 and 2012 is shown in the table below; we observe an increasing trend in the number of

people using this platform:

8 www.aulamentor.es

Year Number of students

2005 23,459

2006 25,236

2007 25,274

2008 23,900

2009 25,031

2010 25,578

2011 24,528

2012 22,972

Year Number of students

1997 2,994

1998 5,356

1999 9,354

2000 13,449

2001 16,215

2002 18,541

2003 18,495

2004 21,638

http://www.aulamentor.es/



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The objectives of AULA MENTOR:

A. To offer these classes to the population having no opportunity to attend classes in the

classroom for various reasons (rural areas, working hours, family issues, people

deprived of their freedom, etc.);

B. To maintain a package of classes providing the update of contents both in the

professional field and in the trainee’s professional development needs.

Ways to achieve these objectives:

The location of the Mentor classrooms in places less accessible or where no other

training alternative containing the proper equipment exists;

The determination of the special security (safety) actions for groups such as people

deprived of their freedom in penitentiaries;

The limited number of students per trainer: maximum 45 students per trainer;

A moderate monthly fee: 24 €;

The involvement of other institutions in the elaboration and application of the Aula

Mentor classes (local authorities, NGOs and other bodies within ministries);

The trainers involved in this project (AULA MENTOR) are constantly undergoing

training and updating their professional knowledge;

The classroom administrators guide the students depending on their training needs and

identify the demands on the labour market in the areas where the AULA MENTOR is

located;

The Ministry of Education, Culture and Sport in Spain has marked the priorities

depending on the political needs: employment, personal development, digital skills

development, etc.

In Romania, the National Education Law no. 1/2011 (Article 357) lays down for the

first time the need for a system providing the initial training and the continuous development

of the professionals involved in the adults’ education. This need is based on the fact that at

this moment the Romanian qualification system in the adults’ education field is a system with

many missing items, divided into incoherent certification and regulation mechanisms that do

not take into account the diversity of the field and of the professional statuses, of the

experience, tasks and roles played by the adults’ educators.



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The effort to design such a national system for the professionalization of the adult

educators is however extremely complex and involves numerous debates and analyzes in the

widest range that may take into account the national and European context, the existing

systems, the practices and experiences already implemented as well as the opinions issued by

the various categories of players involved.

These debate, exploration and design needs for visions regarding the

professionalization of the adult educators are to be covered by the System for

Professionalization of Adult Educators - ProALPs9. This project is financed by the European

Commission in Romania.

Conclusions:

The European states (Spain, Romania, etc.) face extremely different challenges in the

increase of educational knowledge the adult population has;

The non-completion of the lower secondary education may become a significant barrier

for adults joining programmes leading to upper secondary level qualifications;

Many states (including Spain) offer the adults who go back to school various

opportunities to achieve formal qualifications by various flexible study options;

The higher education systems vary significantly in terms of their receptiveness to adults

going back to school;

Most of the European countries have introduced financial actions meant to support the

most vulnerable groups in their formal education and training.

However we have to retain that although the certificates and diplomas referring to

qualifications often remain valid during the professional lifetime of a person, while the

knowledge, skills and competences a person needs on the labour market and in the society as

a whole quickly evolve. Therefore, once achieved the formal certifications and qualifications

are insufficient for providing the continuous professional insertion throughout the lifetime. In

other words, the completion of formal qualifications has to be seen now as a step on the

permanent education ladder rather than a goal in itself.

9 www.proalps.ro

http://www.proalps.ro/



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I.3. EVALUATION AND CERTIFICATION OF PROFESSIONAL

QUALIFICATIONS ACHIEVED

IN INFORMAL AND NON-FORMAL CONTEXTS

The necessary for the recognition and certification of the professional qualifications

achieved (received) through non-formal ways of learning or through work experience is

mainly done for determined groups such as:

Young people dropping out of school, who join (if successful) the labour market. Spain

is facing this phenomenon and 33% of the youth drop out of school. Romania is also

affected by the school drop-out phenomenon and in 2007 (when it acceded to the

European Union), 19.2% of the Romanian young people abandoned school (while the

EU 2710

average level is of 14.8%). This phenomenon has a negative impact on the

structure and quality of the European labour market;

The adult employees have no certified professional qualifications (approximately 14

millions out of a population of 46,148,605 inhabitant), i.e. 58.2% of the active

population11

;

Spain exceeds the European average level (22%) by 4 – 5% regarding the number of

higher educated people while the number of people with high school education is 15%

lower than the European average (Romania has a percentage of 11.2% of people with

higher education).

The recognition procedure is a process focused on the certification of the

professional competences irrespective of the way they have been achieved. INCUAL wanted

to make sure that this procedure is as simple and accessible as possible for any employee

10

http://epp.eurostat.ec.europa.eu/portal/page/portal/eurostat/home

11 MECD 2011 - El Aprendizaje Permanente en España

http://epp.eurostat.ec.europa.eu/portal/page/portal/eurostat/home



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irrespective of his/her qualification level so that the 58.2% rate of the active population with

no official certification of their professional qualification is minimized.

The main objectives and benefits of the professional qualification certification process are

the following:

To promote learning during the entire lifetime;

To provide a more transparent labour market by making the professional qualifications

more visible for the employees in the sectors in need for qualified employees;

To favour the social cohesion because it improves the chances the individuals or groups

who are disadvantages on the labour market;

To facilitate the citizens’ professional and geographical mobility for a higher rate of

transfer for professional competences among the countries.

Pursuant to Article 3.5 in the Organic Law no. 5/2002 regarding the Qualifications

and Training (La Ley Orgánica 5/2002, de las Cualificaciones y de la Formación

Profesional), one of the objectives set by SNCP (the National System for Professional

Qualifications - Sistema Nacional de Cualificaciones Profesionales) is the official

evaluation and certification of the professional qualifications irrespective of the way they

have been achieved (see diagram in figure 3) and the diagram in figure 4 shows the process

for the recognition of competences achieved by professional experience.

Fig. 3. Formative route for the professional competence certification12

12

www.educacion.gob.es/educa/incual

http://www.educacion.gob.es/educa/incual



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The Spanish Government has established – pursuant to Article 8.4 in the Organic

Law no. 5/2002 on the Professional Qualifications and Training (La Ley Orgánica

5/2002, de las Cualificaciones y de la Formación Profesional) – the requirements and

procedures for the evaluation and certification of the professional qualifications by issuing

the Real Decreto no. 1224/200913

. The procedures regulated by the Real Decreto no.

1224/2009 consist in a range of actions focusing the evaluation and recognition of the

competences achieved through work experience or other non-formal ways of training.

The requirements for the participation in this process for the evaluation and

certification of the professional qualifications achieved through work experience are the

following:

Spanish nationality, community residency (to be a citizen of an EU Member State) or

work permit for the EU;

Minimum age of 18 years for Competence Units of level 1 and of 20 years for the

qualification levels 2 and 3 (see diagram in figure 4);

Work experience and/or training related to the professional competences the applicant

wants to be certified: 3 years, with a minimum level of 2000 hours worked over the last

10 years for CU level 2 or 3, and 2 years of work experience and minimum 1200 hours

worked for CU level 1;

The number of training hours: 300 hours over the last 10 years for CU (competence

units) level 2 or 3 and 200 hours for CU level 1.

13

Real Decreto no. 1224, de 17 de julio de 2009, de reconocimiento de las competencias profesionales

adquiridas por experiencia laboral, BOE no. 205 de 25 de agosto de 2009, p. 72704 – 72727 (the Royal Decree

no. 1224 as of July 17th

, 2009 on the recognition of professional competences achieved through work

experience)



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Fig. 4. Recognition of professional qualifications achieved through professional

experience14

The phases of the process involving the certification of the professional competences

achieved through work experience, in Spain are the following (see the flowchart of the

candidate applying for the certification of the professional competences in figures 5a and 5b).

Counselling (help offered the applicant for the following: self-evaluation of his/her

competence; completion of his/her training route; submission of justifying documents).

This phase continues with the recommendation issued by the counsellor depending on

the situation, i.e. either to continue the procedure (the counsellor issues a positive report)

or to deepen his/her competences through another training period (the counsellor issues a

negative report);

If the counsellor issues a positive report, the second phase follows: the evaluation of the

professional competence by using various methods for the verification of the

candidate’s professional competence at the set qualification level, such as: real or

simulated work scenarios; interviews; standard tests; observing the candidate at his/her

job. The result of this phase shall be expressed through the demonstrated professional

competence or the undemonstrated professional competence;

14





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If the result is positive (demonstrated professional competence) the third phase of this

process follows, i.e.: the actual certification of the professional competence,

consisting in the public and official recognition of the professional competence

demonstrated by the candidate.

Fig. 5.a. Candidate’s flowchart for the certification of the professional competences in Spain

In Romania, the evaluation and certification of the professional competences

achieved through ways other than the formal ones has been regulated by Order no. 4543/468

as of August 23rd

, 2004 for the approval of the Procedure for evaluation and certification of

the professional competences achieved through ways other than the formal ways (issued

by: the Ministry of Education and Research no. 4.543 as of August 23rd

, 2004 and the

Ministry of Labour, Social Solidarity and Family no. 468 as of September 8th

, 2004)15

,

and Order no. 3329/81 as of February 23rd

, 2005 for the amendment and completion of the

Procedure for the evaluation and certification of the professional competences achieved

through ways other than the formal ones.

15

The Official Gazette no. 903 dated October 5th

, 2004



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Fig. 5.b. Candidate’s flowchart for the certification of the professional competences16

in

Spain

Some of the reasons for the evaluation and certification of the professional

competences achieved through non-formal or informal ways of learning are:

The evaluation of the professional competences fits very well people having achieved

experience in a field they do not have the proper qualification for;

The evaluation of the professional competences is a quick and effective process and

requires no training course;

The certificate is issued very quickly (with minimum costs) and is recognized at national

level as well as in the EU states and holding this certificate provides an advantage when

getting a job.

16

http://www.todofp.es/dctm/todofp/acreditacion-de-competencias/instrumentos/guia-persona-candidata.pdf

http://www.todofp.es/dctm/todofp/acreditacion-de-competencias/instrumentos/guia-persona-candidata.pdf



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Therefore, Article 5 in the annex to the Order no. 4543/468 as of August 23rd

, 2004

establishes the particularities of the process (procedure) for the evaluation of the professional

competences achieved through ways other than the formal ones:

it is voluntary;

it relates to the occupational standard / training standard: the competence evaluation is

done in relation to the achievement criteria described by the occupational standard /

training standard;

it is carried out in time and space: in the evaluation system based on occupational

standards / training standards, the collection of the competence evidence results from the

application of the evaluation methods in distinct contexts and on distinct times;

it is independent of the training process: the evaluation based on occupational standards /

training standards allows the recognition of the competences achieved through ways

other than the formal ones;

for each competence unit it ends with the result "competent" or "not yet competent".



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I.4. NATIONAL QUALIFICATIONS FRAMEWORK IN SPAIN

REFERRED TO THE EUROPEAN QUALIFICATIONS

FRAMEWORK

For the promotion of lifelong learning and peoples’ mobility, the European

Qualifications Framework (EQF) sets eight qualification levels covering the entire range of

qualifications from the mandatory education to higher academic and professional levels.

At this moment, according to the CEDEFOP report as of August 2010 on the

correspondence between the national qualifications framework (NQF) in the EU Member

States and the European Qualification Framework, Spain has been crossing – since January

2009 – a full process of development and implementation of an EQF focused on the lifelong

learning based on the results of learning.

The Spanish Framework for Higher Education Qualifications (MECES – Marco

Español de Cualificaciones de la Enseñanza Superior) shall be structured on four high

levels from 5 to 8 (higher technician, bachelor, master and PhD), the first four qualification

levels being meant for the completion of the basic education, the post-mandatory education

(MSE) and the training opportunities so that they are compatible with those in the structure

of the National System for Professional Qualifications and Training.

The development of the EQF in Spain is based on laws and decrees defining and

regulating training and education subsystems, such as:

for qualifications achieved through formal education (without academic education):

Law no. 2/2006 on education (Ley Orgánica de Educación, LOE); Law no. 5/2002 on

professional qualifications and training (Ley Orgánica de las Cualificaciones y de la

Formación Profesional, LOCFP); Royal Decree no. 1538/2006 on the establishment of

training in the general education system;

for the qualifications achieved through higher education: Universities Law - Law no.

6/2001, revised by Law no. 4/2007 - (Ley Orgánica 6/2001, de 21 de diciembre, de

Universidades, revisada por Ley Orgánica 4/2007, de 13 de abril, de Universidades);



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Royal Decree no. 1393/2007 on the organization of education in universities; Royal

Decree on the issue of the diploma supplement by the universities;

for professional competences: Royal Decree no. 1224/2009 on the recognition of the

professional competences achieved through professional experience.

In Spain, the Ministry of Education and its social partners have implemented – since

2011 – the continuous training policies according to the EQF, focused on the results of

learning in all contexts (formal, informal and non-formal), recognizing the following

aspects:

the importance of the certification of achieved competences (irrespective of the

context) having an impact on the increase in the human resource competitiveness;

the need for lifelong learning.



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II. THE PROCESS FOR PROFESSIONAL QUALIFICATION

RECOGNITION IN SPAIN

II.1. Legal and institutional framework for the recognition of

qualifications achieved in other SMs of the EU, EEA and Swiss

Confederation17

The general system applies to the professions that are not regulated by the specific

recognition norms and to certain situations when the holder of the professional qualification

does not meet the conditions required by other recognition systems. This system is based on

the mutual recognition principle without any impact on the application of compensatory

actions if there are significant differences between the training achieved by that person and

the training required in that host Member State. The compensatory action may require an

adjustment stage or a skills test. The applicant has the opportunity to choose between the two

actions but there is no specific derogation for this purpose.

If the access to the practicing of a profession is regulated in the host Member State,

i.e. it is conditioned by the fact that the person has to hold specific professional qualification

titles, the competent authority in that Member State may grant access to that profession and to

the practicing of such profession under the same conditions applicable to its nationals.

However, the applicant has to hold a professional qualification achieved in another Member

State, which has to confirm a training level that is at least equivalent to the level lower than

the one required in the host Member State.

On the other hand, if the access to a profession is not conditioned by the holding of

specific professional qualification titles in the applicant’s Member State, for the person to

have access to that profession in a host Member State where it is being regulated he/she has

to prove – besides the qualification in question – that he/she practiced the profession full-time

for two years over the last 10 years.

Directive 2005/36/EC of the European Parliament and of the Council, as of

September 7th

, 2005 on the recognition of professional qualifications, identifies five separate

17

http://europa.eu/legislation_summaries/internal_market/living_and_working_in_the_internal_market

http://europa.eu/legislation_summaries/internal_market/living_and_working_in_the_internal_market



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professional qualification levels (a system used both in Spain and in Romania and shown in

table 1):

a competence certificate issued by a competent authority in the Member State of origin,

which certifies that its holder has achieved the general knowledge consistent with

training at secondary or high school education level or that he/she has attended training

courses not referred to by any certificate or diploma or that he/she has passed a special

exam without any prior training or that he/she has 3 years of professional experience

(attestation of competence);

a certificate corresponding to a technical or vocational or a general education module

completed by a training course (certificate attesting the completion of a secondary

course);

a diploma certifying the graduation of training courses at post-secondary level for at

least one year or of training courses preparing the person for a comparable level of duties

and positions (diploma post-secondary education);

a diploma certifying the graduation of training courses at post-secondary or academic

level for at least three years and maximum four years (diploma of post-secondary level 3

– 4 years);

a diploma certifying the graduation of training courses at post-secondary or academic

level for at least four years (diploma of post-secondary level more than 4 years).

The host Member State may ask that the applicant requesting the recognition of

his/her qualifications to take certain compensatory actions (a skills test or an adjustment stage

of maximum three years) in the following three cases: the training course is at least one year

shorter than the duration required in the host Member State; the training covered subjects that

are significantly different from those covered by the qualification title necessary in the host

Member State; the profession – as it is defined in the host Member State – includes one or

more of the regulated professional activities that do not apply to the corresponding profession

in the applicant’s Member State of origin and requires specific training covering subjects that

are significantly different from those covered by the applicant’s training.



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II.2. REGULATED PROFESSIONS AND COMPETENT AUTHORITIES

The National Institute for Qualifications (Instituto Nacional de las Cualificaciones

- INCUAL)18

was established by the Royal Decree no. 375 as of March 5th

, 1999 (Real

Decreto 375/05.03.1999). It is the technical instrument supporting the General Training

Council (Consejo General de Formación Profesional) for achieving the objectives of the

National System for Professional Qualifications and Training (Sistema Nacional de

Cualificaciones y Formación Profesional).

The National Institute of Qualifications (Instituto Nacional de las Cualificaciones

- INCUAL) is structured base don four functional domains (see diagram in figure 6).

Through the Organic Law no. 5/2002 on the Professional Qualifications and

Training (La Ley Orgánica 5/2002, de las Cualificaciones y de la Formación

Profesional) INCUAL is given the task to permanently define, elaborate and update the

National Qualification Catalogue and the Modular Training Catalogue (el Catálogo

Nacional de las Cualificaciones Profesionales y el Catálogo Modular de Formación

Profesional).

The managing body of the National Institute for Qualifications is the General

Training Council (Consejo General de Formación Profesional), (see diagram in figure 7),

even if it organically depends on the General Secretariat for Education (Secretaría General

de Educación) within the Ministry of Education, Culture and Sport (Ministerio de

Educación, Cultura y Deporte) according to the provisions laid down by the Royal Decree

no. 1553/20.06.2004 (Real Decreto 1553/2004) and Law no. 1/1986 (Ley 1/1986), amended

by Law no. 19/1997 (Ley 19/1997), establishing the General Training Council (Consejo

General de Formación Profesional) and Law no. 14/2000 (Ley 14/2000).

18

www.educacion.gob.es/educa/incual/ice_incual.html

http://www.educacion.gob.es/educa/incual/ice_incual.html



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Fig. 6. Structure of the National Institute of Qualifications

Fig. 7. Structure of the General Training Council19

We observe that the presidency of this Council is provided by the minister of

Education and the vice-presidency is provided by 72 counsellors as follows: 17 counsellors

in the central administration, 17 counsellors in the Autonomous Communities, 19 counsellors

in entrepreneurial organizations (employers) and 19 counsellors in the union organizations.

The National System for Professional Qualifications and Training (Sistema

Nacional de Cualificaciones y Formación Profesional - NSPQT) is an assembly of

instruments and actions necessary for the promotion and development of the training offers

through the National Professional Qualification Catalogue.

19





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Moreover, it promotes and develops the evaluation and certification of the

professional competences consistent with these training offers so that they facilitate the

people’s professional and social development in order to meet the needs of the productive

system.

The structure of a professional qualification and training system that is based on

professional competence and that takes into account the feedback of the productive system is

shown in the figure below (see figure 8).

Fig. 8. Structure of a National System for Professional Qualifications and Training based on

professional competences

The National Professional Qualification Catalogue (Catálogo Nacional de

Cualificaciones Profesionales - CNCP)20

is one of the instruments used by the National

System for Professional Qualifications and Training (NSPQT) established by the Organic

Law no. 5/19.06.2002 on the Professional Qualifications and Training in order to include in

it all the Training offers. The National Professional Qualification Catalogue (Catálogo

Nacional de Cualificaciones Profesionales - CNCP), whose elaboration methodology is

shown in figure 9, includes the qualifications / regulated professions classified into

“families” and professional levels (see tables 1, 2 and figure 11). In Romania, at this

moment there are 95 professions regulated by Directive 2005/36/EC of the European

20

www.educacion.gob.es/educa/incual/ice_CualCatalogo.html

http://www.educacion.gob.es/educa/incual/ice_CualCatalogo.html



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Parliament and of the Council as of September 7th

, 2005 on the recognition of professional

qualifications while in Spain there are 174 professions and the number of the common

regulated professions is of 67 (see table 3).


Cualificaciones Profesionales) is associated to the Modular Training Catalogue (Catálogo

Modular de Formación Profesional), which is made of formative modules that together

serve as reference for Training both for the initial training that depends on the educational

system and for the continuous training (see diagram in figure 10).


Cualificaciones Profesionales - CNCP) is the basis for the elaboration of the training offer

leading to the issue of training titles, certificates (attestations) and the modular training offer

associated to a competence unit as well as of other offers.

The training includes the assembly of training actions having as goal the qualified

fulfilment (practicing) of the various professions, the access to the job and the active

participation in the social, cultural and economic life, which allows the permanent updating

of the professional competences. This includes the initial training provided by the educational

system, the actions for insertion and reinsertion of active people on the labour market and the

continuous training taking place in enterprises.

Fig. 9. Methodology for elaboration of the National Professional Qualification Catalogue –

stages21

21





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The relation between the National System for Professional Qualifications and

Training (Sistema Nacional de Cualificaciones y Formación Profesional), the formative

offer of the initial training (in the educational system) and the formative offer of the

continuous training (for people involved in the labour market) is established by the following

laws: the Organic Law no. 2/03.05.2006 on Education (Ley Orgánica 2/2006, de 3 de

mayo, de Educación); Law no. 56/16.12.2003 on jobs, (Ley 56/2003, de 16 de diciembre,

de empleo); Law no. 5/19.06.2002 on the Professional Qualifications and Training (Ley

5/2002, de 19 de junio, de las cualificaciones y de la formación profesional).

Fig. 10. The association between the National Professional Qualification Catalogue

and the Modular Training Catalogue

The authorities in the field of education and labour shall consult with the General

Training Council (Consejo General de Formación Profesional) and then shall mutually

agree on the minimum quality requirements and indexes of the training offer imposed by the

National Professional Qualification Catalogue, which guarantees the fundamental aspects

of an Integrated Training System.

The State Authority shall consult with the General Training Council (Consejo

General de la Formación Profesional) and then it shall decide on the titles and certificates,



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the attestations of competence covering the training offers to be included in the National

Professional Qualification Catalogue (Catálogo Nacional de Cualificaciones

Profesionales).

Table 1. Qualification levels for professions in Spain 22

Qualification

Level Competences

Evaluation and

Certification

1 Competence in a small number of simple activities that are part of

the standardized processes. Limited knowledge and skills.

Certificate

(certificado)

2

Competences in certain activities that can be carried out

independently. Ability to use instruments and techniques.

Knowledge on technical and scientific bases of the process

consistent with the activity carried out.

Certificate of

competence

(certificado de

competencia)

3

Competence in technical activities that can be carried out

independently. Duty in technical and specialized supervision of

activities. Understanding the technical and scientific bases of

activities and processes.

Title (titulo)

4

Competence in a wide range of complex activities.

Solving of situations by using various techniques: scientific,

economic or organization. Duty in supervision and resource

allotment activities. Innovation capacity by planning actions,

development of projects, processes, products or services.

Title (titulo)

5

Competence in a wide range of complex activities executed with

high level of autonomy. Solving of diverse situations that are

unpredictable. Planning of actions and design of products,

processes or services. Management duties.

Title (titulo)

Table 2 shows that, even if INCUAL (Spain) has used 5 levels of professional

qualification (see diagrams in figures 11, 12 and 13), it uses – just as Romania – only 3 of

them, and the predominant sectors per qualification level are:

22





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Level 1: Maritime – Fishing (Marítimo – Pesquera) and Textiles, Clothing and

Leather (Textil, Confección y Piel) – 9 professional qualifications;

Level 2: Agrarian (Agraria) and Physical and Sports Activities (Actividades Físicas y

Deportivas) – 23 professional qualifications;

Level 3: Textiles, Clothing and Leather (Textil, Confección y Piel) – 21 professional

qualifications.

For example, in Spain, the Transport sector is present in several professional

families (2 – Maritime-fishing (Marítimo - Pesquera); 12 – Transport and Vehicle

Maintenance (Transporte y Mantenimiento de Vehículos); 14 – Constructions and Civil

Works (Edificación y Obra Civil); 22 – Trade and Marketing (Comercio y Marketing))

and at several qualification levels while in Romania the situation is not similar, meaning that

the Transport sector is clearly defined with professional qualifications and regulated

professions in all the existing means of transportation (road, railway, air, sea (commercial)).

REGULATED PROFESSIONS PER PROFESSIONAL FAMILIES AND QUALIFICATION

LEVELS

Table 2. Regulated professions per professional families and qualification levels

Professional Family Number of Regulated Professions

Total Level 1 Level 2 Level 3

Agrarian (Agraria), AGA 6 23 17 46

Maritime Fishing (Marítimo - Pesquera), MAP 9 21 10 40

Food Industries (Industrias Alimentarias), INA 2 17 8 27

Chemistry (Química), QUI 1 12 16 29

Personal Image (Imagen Personal), IMP 2 3 9 14

Health (Sanidad), SAN 1 5 13 19

Security and Environment (Seguridad y Medio Ambiente), SEA 1 13 12 26

Mechanical Processing (Fabricación Mecánica), FME 1 13 14 28

Installation and Maintenance (Instalación y Mantenimiento), IMA 1 6 11 18

Electricity and Electronics (Electricidad y Electrónica), ELE 3 12 16 31

Power and Water (Energía y Agua), ENA 1 5 10 16

Transport and Vehicle Maintenance (Transporte y Mantenimiento de los

Vehículos), TMV

6 20 6 32

Extractive Industries (Industrias Extractivas), IEX 3 12 3 18

Constructions (buildings and civil works) (Edificación y Obra Civil), EOC 5 13 6 24

Glass and Ceramics (Vidrio y Cerámica), VIC 4 5 5 14



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Wood, Furniture and Cork(Madera, Mueble y Corcho), MAM 4 10 4 18

Textiles, Clothing and Leather (Textil, Confección y Piel), TCP 9 18 21 48

Graphic Arts (Artes Gráficas), ARG 3 16 12 31

Image and Sound (Imagen y Sonido), IMS 0 3 15 18

IT and Communication (Informática y Comunicaciones), IFC 1 7 15 23

Administration and Management (Administración y gestión), ADG 2 2 11 15

Trade and Marketing (Comercio y marketing), COM 2 2 15 19

Socio-cultural and Community Services (Servicios socio-culturales y a la

Comunidad), SSC

3 6 18 27

Hotels and Tourism (Hostelería y Turismo), HOT 6 8 12 26

Physical and Sports Activities (Actividades Físicas y Deportivas), AFD 1 23 8 32

Arts and Crafts (Artes y Artesanías), ART 1 11 13 25

TOTAL 78 286 300 664

Fig. 11. Professional qualifications per professional families23

23





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Fig. 12. Definition of a professional qualification

Fig. 13. Structure of a competence unit24

24





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Fig. 14. Structure of a formative module25

The professional qualification26

is an assembly of professional competences that are

significant for the labour market, which can be achieved through modular training or through

other types of training as well as through work experience27

.

The diagram shown in figure 12 confirms the previous definition as the professional

qualification is characterized by competence units (CU1, CU2, ..., CUn), whose structure is

shown in figure 13, which are obtained through various formative modules (MF1, MF2, ...,

MFn), with a structure similar to the one shown in figure 14.

The diagram shown in figure 13 indicates the structure of a Competence Unit (CU):

identification (name, level, code, etc.), professional achievements (RP1, RP2, ..., RPn),

professional context (production areas, products and results), used/generated information.

Figure 14 shows the structure of a formative module for the case of associated training:

identification (name, qualification level, associated competence unit, alphanumeric code,

number of hours), skills (evaluation criteria, skills to be achieved in the actual working

environment), contents, context parameters (workspaces and installations used; trainer’s

profile, etc.).

25


26 Raquel Rodríguez López, 2012, El Catálogo Nacional de Cualificaciones Profesionales

27 Decretul Regal 1224 din 17 iulie 2009, publicat in BOE din 25 august 2009




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The professional certificate is an official instrument for the recognition of the

professional qualifications in the National Professional Qualification Catalogue in the labour

management field, which certifies the training for an activity to be carried out on the labour

market and the training necessary for the achievement of the competences laid down by the

Royal Decree no. 395 as of March 23rd

, 2007 (el Real Decreto no. 395 de 23 de marzo de

2007). A professional certificate configures a professional profile understood as an assembly

of professional competences that can be identified in the production system and that can be

recognized and appreciated on the labour market.

The professional certificates shall become official and shall be recognized in Spain

and the regulated profession shall not be allowed to be practiced without it; these certificates

are issued by SEPE (the Public Employment Service - Servicio Público de Empleo Estatal)

and by the competent authorities in the Autonomous Communities.

The formative modules of more than 90 hours may be divided into Formative Units

(see diagram in figure 15), which cannot last less than 30 hours. In general, the maximum

number of formative units each formative module may be divided into is three. Each

formative unit shall include the identification details, capacities, evaluation criteria and

contents. The formative units that are to become part of the student’s formative chart shall

always be certifiable when the quality requirements for teaching and evaluation of the

formative module the respective formative units belong to are being met.

The completion (graduation) of all the formative units defined for the training module

shall give the student the right to enjoy the certification of the formative module and of the

corresponding competence unit.

Exceptionally, when necessary, the professional certificate may include fewer units

than the ones defined by the reference professional qualification in the National Professional

Qualification Catalogue. In both cases, the competence unit is the minimum unit recognized

for a professional certificate to be obtained. The formative modules of the professional

certificate shall be those indicated by the Modular Training Catalogue.



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Fig. 15. Structure of a certificate of professional competence

The National Collection of Professional Certificates is the assembly of professional

certificates classified by sectors in the 26 current professional families, pursuant to Annexes

I and II to the Royal Decree no. 1128 as of September 5th

, 2003, regulating the National

Professional Qualification Catalogue (el Real Decreto no.1128 de 5 septembre de 2003, por

el que se regula el Catálogo Nacional de las Cualificaciones Profesionales), amended by

the Royal Decree no. 1416 as of November 25th

, 200528

(el Real Decreto 1416/2005, de 25

de noviembre, por el que se modifica el Real Decreto 1128/2003).

Table 3 shows the synthetic comparative analysis of the regulated professions both in

Spain and in Romania.

Table 3. Synthetic comparative analysis of the regulated professions in Spain and Romania

Field Common Regulated Professions Number of

professions Spain Romania

Medical

Professions

Alergología, Anatomía patológica,

Anestesiología y Reanimación, Angiología y

cirugía vascular, Análisis clínicos, Aparato

digestivo, Bioquimica clínica, Cirugía del

aparato digestivo, Cirugía general y del

Alergologie and imunologie clinica,

Anatomie patologica, Anestezie and

terapie intensiva, Cardiologie,

Chirurgie generala, Chirurgie

pediatrica, Chirurgie plastica -

46

28

BOE no. 289, 03.12.2005, p. 39854 - 39855

http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm?action=regprof&id_regprof=8908






















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aparato digestivo, Cirugia oral y

maxilofacial, Cirugía ortopédica y

traumatología, Cirugía pediátrica, Cirugía

plástica, estética y reparadora, Cirugía

torácica, Cardiología, Dermatología médico-

quirúrgica y venereología, Electrorradiología,

Endocrinología y nutrición, Estomatologia,

Farmacología clínica, Geriatría, Hematología

y hemoterapia, Inmunología, Licenciado en

odontología, Medicina del trabajo, Medicina

física y rehabilitación, Medicina interna,

Medicina nuclear, Medicina preventiva y

salud pública, Microbiologia y parasitología,

Medico de familia, Nefrología, Neumología,

Neurocirugía, Neurofisiologia clínica,

Neurología, Obstetricia y ginecología,

Oftalmología, Oncología radioterápica,

Otorrinolaringología, Pediatría y sus áreas

específicas, Psiquiatría, Radiodiagnóstico,

Reumatología, Titulo de licenciado en

Medicina, Urología.

microchirurgie reconstructiva,

Chirurgie toracica, Chirurgie

vasculara, Dermatovenerologie,

Endocrinologie, Farmacologie clinica

I, Gastroenterologie, Geriatrie and

gerontologie, Hematologie, Medic

specialist medicina de familie,

Medicina muncii, Medicina de

laborator, Medicina interna, Medicina

nucleara, Medic dentist, Nefrologie,

Neurochirurgie, Neurologie,

Obstetrica-ginecologie, Oftalmologie,

Oncologie medicala, Ortopedie and

traumatologie, Otorinolaringologie,

Pediatrie, Pneumologie, Psihiatrie,

Psihiatrie pediatrica, Radiologie-

imagistica medicala, Recuperare,

medicina fizica and balneologie,

Reumatologie, Sanatate publica and

management, Urologie

Medical

Professions

Farmacéutico (Ministerio de Educación,

Cultura y Deporte) Farmacist (Colegiul Farmacistilor) 1

Medical

Professions

Licenciados en odontología (Ministerio de

Educación Cultura y Deporte)

Medic dentist (Colegiul Medicilor

Dentisti), Specialist in Chirurgie

dento-alveolara, Specialist in

Ortodontie and Ortopedie dento-

faciala

3

Medical

Professions

Enfermero/a diplomado/a,

Matrona/Asistente obstrético (Ministerio

de Educación, Cultura y Deporte)

Asistent Medical Generalist, Moasa

(Ordinul Roman al Asistentelor

Medicale and Moaselor)

2

Medical

Professions

Biólogo (Ministerio de Educación,

Cultura y Deporte)

Biolog (Ordinul Biochimistilor,

Biologilor and Chimistilor din

Sistemul de Sanatate)

1

























































































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Continuation table 3

Field

Common Regulated Professions

Number of

professions Spain

Romania

Architects and

professions in

constructions

field

Arquitecto, Arquitecto (derechos

adquiridos) (Ministerio de

Educación, Cultura y Deporte)

Arhitect, Arhitect (Drepturi

dobandite) (Ordinul Arhitectilor) 2

Professions in

the social welfare

field

Diplomado en trabajo social

(Ministerio de Trabajo y Asuntos

Sociales), Psicólogo (Ministerio de

Educación, Cultura y Deporte)

Asistent social (Colegiul National al

Asistentilor Sociali), Psiholog

(Colegiul Psihologilor din Romania)

2

Professions

related to

tourism,

entertainment

and sports

activities

Guía de turismo (Ministerio de

Industria, Turismo y Comercio)

Ghid de turism (The Ministry of

Development Regionale and

Turismului)

1

Professions in

the legal field

Abogado (Procurador) (Ministerio

de Justicia), Traductores/as –

Intérpretes (Ministerio de Asuntos

Exteriores y Cooperación)

Avocat (Uniunea Nationala a

Barourilor de Avocati),

Traducator/interpret autorizat

(Ministerul Justitiei)

2

Professions

related to the

road transport

Profesor de formación vial

(Ministerio del Interior)

Instructor de conducere auto, Profesor

de legislatie rutiera (Romanian Road

Authority)

2

Professions in

the finance

business

Diplomado en ciencias

empresariales y profesor mercantil

(Ministerio de Economía y

Hacienda)

Consultant fiscal

(Camera Consultantilor Fiscali) 1

Professions in

the finance

business

Auditor de cuentas, Diplomado en

ciencias empresariales y profesor

mercantil (Ministerio de Economía

y Hacienda)

Contabil autorizat, Expert contabil

(Corpul Expertilor Contabili and

Contabililor Autorizati)

2

Other professions

Veterinario

(Ministerio de Educación, Cultura

y Deporte)

Veterinary Surgeon

(Colegiul Medicilor Veterinari) 1

Professions in Profesor de educacion secundaria y Profesor in invatamantul secundar 1









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the education and

training fields

bachillerato

(Ministerio de Educación, Cultura

y Deporte)

(Ministerul Educatiei Nationale)

TOTAL 67

The synthetic comparative analysis shown in table 3 shows that Spain and Romania

have 67 common regulated professions: 53 medical professions (but there are quite many

differences regarding the competent authorities managing them: 46 – Ministerio de Sanidad y

Consumo and 7 - Ministerio de Educación, Cultura y Deporte); 2 professions in the field of

architects and professions in the constructions field; 2 professions in the social welfare

field; 1 profession related to tourism, entertainment and sports activities; 2 professions

in the legal field; 2 professions related to the road transport activities; 3 professions in

the finance business; 1 profession in the field of education and training; 1- other

professions. Next we shall present an analysis of the regulated professions, considering as a

comparative criterion the number of regulated professions (per sectors) common for Spain

and Romania, both in the number of applications on the IMI system between the two analyzed

states.

A. Sector: Medical Professions (Physician - Medico)

The legal framework for the professional qualification recognition in the sector of

medical professions achieved in other Member States of the European Union consists in

regulatory acts show in the bibliography29

.

Recognition of the profession: Physician

Pursuant to Article 24 in Directive 2005/36/EC, paragraphs (1), (2) and (3 a, b, c, d),

the acceptance for the basic training in medicine requires that the person holds a diploma or a

certificate (usually the high school diploma), allowing that person to have access to a medical

school. The basic training in medicine includes in total at least six years of study or 5 500

hours of training in theory and practice, which have to be provided by an university or under

the supervision provided by an university. The basic training in medicine guarantees that the

person in question has achieved the following knowledge and competences:

29

Bibliographic markers: 1, 2, 3, 4, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 22, 24



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the proper knowledge on the sciences medicine is based on and a good understanding of

the scientific methods, including the principles for the measurement of biological

functions, the evaluation of the scientifically determined data and their analysis;

the proper knowledge on the structure, functions and behaviour of healthy and sick

persons as well as the relations between the person’s health and his/her social and

physical environment;

the proper knowledge on the clinical subjects and practices having offered a coherent

image of the mental and physical problems, of medicine from the prophylaxis, diagnosis,

therapy and human reproduction points of view;

the clinical useful experience in hospitals under the proper supervision.

The automatic recognition of the qualification titles based on the coordination

between the minimum training conditions covers the following professions: physicians,

general medicine nurses, dentists, veterinary surgeons, midwives, pharmacists and

architects30

.

For recognition purposes, the directive shows the minimum training conditions for

each of these professions, including the minimum duration of the studies. The qualification

titles consistent with the directive, issued by the Member States, are indicated in Annex V.

These qualification titles allow their holders to practice their profession in any Member State.

The Directive allows the Member States to authorize the part-time training for all of

these professions, provided that the total duration, level and quality of such training are not

lower than the full-time continuous training. Without any prejudice to the specific rights

granted for these professions, even if the qualification titles for such professional activities

held by the nationals of the Member States are not consistent with all the training

requirements described, each Member State has to recognize them as sufficient proof.

However, these qualifications should confirm the graduation of training courses having

started prior to the reference dates indicated in Annex V and should be accompanied by the

proof that their holder carried out the activities in question for at least three consecutive

years over the last five years.

30

Directive 2005/36/EC of the European Parliament and of the Council as of September 7th

, 2005 on the

professional qualifications (Chapter III)



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B. Sector: Professions related to tourism, entertainment and sports activities

(Tourist Guide – Guía de turismo)

At national level, the tourist activity in Spain is being regulated by Real Decreto

39/2010, de 15 de enero, por el que se derogan diversas normas estatales sobre acceso a

actividades turísticas y su ejercicio (the Royal Decree no. 39 as of January 15th

, 201031

canceling the state regulatory acts regarding the tourist activities and their performance).

Access conditions:

citizenship of an EU Member State or of other states having signed reciprocity

agreements with Spain on this particular aspect;

a high level qualification in tourism, a diploma or a degree or a training course in

Tourism Information and Marketing;

in the case of foreign qualification, the proper recognition by the Ministry of Education,

Culture and Sport (Ministerio de la Educación, Cultura y Deporte) is necessary;

knowledge of Spanish.

Foreign Language Examination

The General Department for Tourism shall not require candidates to take a foreign

language examination if they provide proof of having studied that language in their country

of origin. Moreover, the examination in the official language of the country of origin shall not

be taken by the people having attended secondary studies in their country of origin or by

people holding the following types of certifications:

• Competence in English from the University of Cambridge;

• Competence in English from the University of Michigan;

• Test in English as a foreign language TOEFL (Test of English as a Foreign Language);

• Average level diploma issued by the Goethe Institute in München or a higher diploma

issued by the same institute;

• Certificate of capacity issued by the Official Schools of foreign languages;

• Certificate of Italian language level (CELI – Certification of knowledge in Italian);

• French study diploma (DELF - Diplôme d’Etudes en langue française).

31

BOE no. 30 de 4 de febrero de 2010

http://www.mesadelturismo.com/legislacion/real-decreto-de-derogacion-de/real-decreto-392010-de-15-de-e.htm

http://www.mesadelturismo.com/legislacion/real-decreto-de-derogacion-de/real-decreto-392010-de-15-de-e.htm



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The practicing of the Tourist Guide profession in Spain is legislated for each

province, region or autonomous community.

In Romania, the regulatory act used for the attestation of the tourist guide profession

is Order no. 637/200432

issued by the Minister of Transport, Constructions and Tourism

for the approval of the Methodologies on the conditions and criteria for the selection,

schooling, attestation and use of tourist guides.

The Tourism Guide is the person who – based on the qualification certificate and on

the attestation – may properly provide the tourism programmes.

Guides’ training

The training of the category of Tourism Guides may be done:

within the national education system;

within the adults’ training system.

The training plan and programmes for the qualification in the Tourism Guide

profession are being elaborated by the units organizing the training and specialization courses

under the law.

The professional specialization for the category of National Tourism Guide or

Specialized Tourism Guide is done only for the people holding a qualification certificate as a

Tourism Guide.

Tourism Guide’s attestation

The Tourism Guide’s Attestation is the document issued by the Ministry of

Transport and Infrastructure and confirms the professional capacity of the individuals

qualified for the Tourism Guide’s profession in practicing their profession in one of the

Tourism Guide categories.

The Tourism Guide profession is being regulated in Spain with the following

similarities to and differences from the same profession in Romania:

32

Romanian Official Gazette no. 534 as of June 15th

, 2004



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both of these countries require the persons requesting the authorization or recognition of

their profession to be citizens of an EU Member State33

(as accepted by Directive

2005/36/EC), and Spain also accepts states having signed reciprocity conventions with

Spain;

In general, the necessary qualifications in the two countries are level 5 EQF

qualifications, but they may also be higher level qualifications (6 EQF);

The procedures for the authorization and recognition are mostly similar but Spain

requires that the candidates take a language exam both in Spanish and in the language

specific to the autonomous region where the profession is to be practiced.

C. Sector: Professions in the social welfare field (Social Worker - Diplomado en

trabajo social)

The documents necessary for the recognition of the social worker’s profession in

Spain are the following:

An application consistent with the template posted on the webpage of the Ministry of

Health, Social Services and Equality (Ministerio de Sanidad, Servicios Sociales e

Igualdad 34

);

A copy of the national identity document, a passport or a document certifying that the

person is the citizens of any of the EU Member States;

A copy of the study documents obtained in the host country;

Documents accompanying the study documents and certifying: the duration of studies

and the description of these studies (diploma supplement);

The certification issued by the competent authority in the Member State of origin or

the Member State of provenance, confirming that the person in question is a

professional having been subject to no interdiction in practicing his/her profession as

a social worker ("Certificate of Good Standing");

A certificate issued by the competent authority in the Member State of origin or the

Member State of provenance confirming that the shown title allows that person to

33

Member State means any of the EU Member States, other Member States in the EEA and the Swiss

Confederation 34

http://www.msps.es/profesionales/formacion/recoTitulosEuro/otros.htm

http://www.msps.es/profesionales/formacion/recoTitulosEuro/otros.htm



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practice his/her profession in his/her country of origin and that he/she meets the

conditions laid down by Directive 2005/36/EC of the European Parliament and of the

Council as of September 7th

, 2005 on the recognition of professional qualifications;

A certificate confirming the specific contents of the practicing of the social worker’s

profession; this document has to be issued by the competent authority and used for the

full-time practicing of the profession for at least two years out of the last ten years in

the Member State having issued the title if this profession is not being regulated in the

country of origin.

These documents issued by other Member States of the European Union have to

be accompanied by official translations into Spanish. In addition, the necessary

documents have to be transmitted as copies authenticated by a Notary Public based on the

original document.

The application form for the recognition of the social worker’s profession, which

is being regulated both in Spain and in Romania pursuant to Directive 2005/36/EC,

together with the documentation shown above shall be submitted at the central or local

offices of the Ministry of Health, Social Services and Equality (Ministerio de Sanidad,

Servicios Sociales e Igualdad) or by any of the other means laid down by Article 38.4 in

Act no. 30 dated November 26th

, 1992 on the legal regime of the public administrations

and of the common administrative procedure.

In Romania the social worker’s profession may be practiced by the person who

meets all of the following conditions35

:

he/she is a Romanian citizen or a citizen of another EU Member State;

he/she has specialist training in social welfare;

he/she is registered in the Romanian National Register for Social Workers;

he/she is not subject to any of the incompatibility cases laid down by the law.

35

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http://www.birouldeconsiliere.ro/



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The social worker may carry out his/her activity only after his/her application for

becoming a member in the Romanian National College of Social Workers is approved.

The approval of this application automatically leads to the registration in the Romanian

National Register for Social Workers and to the issue of the permit for the practicing of

the profession.

The documents necessary for the application to be approved are the following:

the bachelor’s degree issued by a higher education institution providing study

programmes in the field; the duration of the studies is of 3 years, accredited under the

law; the social worker diploma validated under the law or the social worker diploma

issued or recognized in any of the EU Member States, in any of the states in the

European Economic Area or in the Swiss Confederation;

medical documents;

the certificate of criminal record;

an affidavit that the person is not subject to any of the situations incompatible to the

social worker status.

The social worker’s profession is being regulated both in Spain and in Romania,

and the recognition procedure is characterized by the following aspects:

conditions that are quite similar regarding the citizenship of the persons requesting the

authorization or recognition of their professional qualification, which are necessary for

that person to practice his profession as a social worker (to be the citizen of an EU

Member States; Spain also accepts states having signed reciprocity agreements with

Spain)

similar conditions on the study documents necessary for the practicing of the social

worker’s profession (bachelor’s degree issued by a higher education institution providing

study programmes in the field, with the duration of studies of 3 years and accredited

under the law, with a higher qualification level: 6 EQF);

both of these states request a certificate issued by the competent authority in the Member

State of origin or the Member State of provenance, confirming that the person in

question is a professional and has not been subject to any interdiction applicable to

him/her practicing the social worker’s profession ("Certificate of Good Standing").



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D. Sector: Architects and professions in the field of constructions (Architect -

Arquitecto)

Training as an architect36

The training as an architect consists either in four years of studies based on a full-

time programme or in six years of study, out of which at least three years based on a full-time

programme at a university or a comparable education institution. This training should be

confirmed by the passing of an academic exam (bachelor’s examination).

The academic level training whose main component is architecture should maintain a

certain balance between the theoretical and practical aspects of training in architecture and

should provide the attainment of the following knowledge and competences:

(a) the ability to develop architectural designs that are consistent with the esthetic

requirements and the technical requirements as well;

(b) the proper knowledge on the history and theories of architecture as well as on arts,

technologies and related humanitarian sciences;

(c) knowledge on fine arts as factors that might influence the quality of the architectural

design development;

(d) the proper knowledge on urbanism, planning and techniques applied during the planning

process; the capacity to understand the relationships between humans and architectural

creations (on one hand) and the architectural creations and their environment (on the

other hand) as well as the capacity to understand the need to harmonize the architectural

creations and the spaces depending on the needs and human scale;

(e) the capacity to understand the architectural profession and its role in the society, mainly

by developing designs while taking the social factors into consideration;

(f) knowledge on the methods for research and preparation of the construction design;

(g) knowledge on the structural design, construction and engineering problems associated to

the building design;

36

Directive 2005/36/EC of the European Parliament and of the Council as of September 7th

, 2005 on the

recognition of professional qualifications (Article 46), Official Journal L 255, September 30th

, 2005.



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(h) proper knowledge on physical problems and technologies, as well as on the building

function so that they are endowed with all the interior comfort and climate protection

elements;

(i) the technical capacity allowing him/her to design constructions that meet the users’

requirements and also complying with the budget limits and the regulations in the

construction field;

(j) proper knowledge on industries, organizations, regulations and procedures interfering in

the process in which designs turns into buildings and for the integration of plans in the

overall planning activities.

The recognition of the qualification in architecture (arquitecto) in Spain

Spain has implemented Directive 2005/36/EC of the European Parliament and of the

Council as of September 7th

, 2005 on the recognition of professional qualifications, through

the Spanish Royal Decree no. 1837/ 08.11.200837

, which sets out the rules based on which

the citizens in the EU Member States may practice in Spain the regulated profession they had

been qualified for in their own Member State of origin. The Spanish Royal Decree no.

1837/2008 shows in Annex VIII the alphabetical list of the professions and activities

classified depending on the level of training existing in Spain for the people to have access to

the practicing of the profession, in correlation with the levels described in Article 19 (Article

11 in Directive 2005/36/EC of the European Parliament and of the Council).

The national classification of occupations in Spain includes – in the architectural

field – the following occupations: 248 - technical architects, land surveyors and designers,

2481- technical architects and town planning technical designers, 2482 - fashion designers

and items, 2483 - surveying technical engineers, 2484 - graphical and multimedia designers.

The regulated architectural profession in Spain is correlated to the competent

authority indicated in L28.1_Spain_Bocii_anexa 1_profesii reglementate Spania, page 2,

and in this study table 3 page 35.

37

Real Decreto 1837 de 8 de noviembre de 2008, BOE no. 280 de 20 de noviembre de 2008, p. 46185 – 46320

(the Spanish Royal Decree no. 1837 as of November 8th

, 2008, published in the State Official Bulletin no. 280

as of November 20th

, 2008).



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The recognition of the architectural profession in Spain is done directly and

pursuant to the provisions laid down by Directive 2005/36/EC of the European Parliament

and of the Council, but if the national does not meet the minimum training requirements laid

down by this Directive or if the diploma he/she holds is not listed in Annex V thereof, the

compensatory mechanisms common to the Member States shall apply: a skills test or a

professional practice period, which shall be applied prior to the recognition of the title.

The file to be submitted by the national at the Competent Authority for the

recognition of his/her profession as an architect shall include the following documents: the

Application for the recognition of the diploma obtained in an EU country, submitted at the

Ministry of Education, Culture and Sports (Ministerio de Educación, Cultura y Deporte), in

the standard official form posted on the webpage of this ministry38

, a legalized photocopy of

the academic and professional title, a legalized copy of the proof of citizenship, the official

translation of the academic and professional title into Spanish. The Spanish competent

authority analyzes the documents in the file and if all the conditions are being met, the

national shall be issued the Certificate for recognition of the professional title. Following the

issue of this certificate, the national (the architect) has the obligation to enrol in the

professional college (the Order of Architects) in the region where he/she wants to move in

and he/she has the right to practice his/her profession only in that region (province).

The recognition of the qualification in architecture in Romania

The architects, citizens of the EU Member States, who have the right to practice their

architectural profession with the right to sign or another equivalent right in any of these

states and who request the right to temporarily or occasionally provide services in the field of

architecture in Romania, without asking to move in to Romania, shall be granted the right to

sign and shall be automatically become members in the Romanian Order of Architects

during the provision of the said services.

The documents necessary for the recognition of the official qualification titles for the

architectural profession in Romania are the following:

the proof of the person’s citizenship;

38

http://www.mecd.gob.es

http://www.educacion.gob.es/

http://www.mecd.gob.es/



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copies of the professional competence attestations or of the qualification title granting

him/her access to the architectural profession and the attestation of the person’s

professional experience;

a certificate issued by the competent authority in the country of origin or the country of

provenance, which confirms that the applicant holds the official qualification titles or

other documents proving his/her professional qualification that meets the criteria laid

down by the EU legislation in the field;

the proof of the person’s good standing or the proof that the practicing of the profession

is being suspended, limited or prohibited in any case of serious professional error or

crime;

the documents are valid for 3 months since being issued by the competent authority in

the Member State of origin or the Member State of provenance.

The documents necessary for the registration, for the first provision of services in

the field of architecture or if changes have occurred on the initial status indicated by the

documents, in the case of temporary or occasional provisions, are the following:

a prior written statement indicating the provision duration, its nature, the place where the

activities are to be carried out as well as the insurance field or other means of personal or

collective protection regarding the professional liability the applicant benefits from in

Romania;

a copy of the document confirming the provider’s citizenship;

the document issued by the Member State the person wants to move to, indicating that –

on its date of issue – the holder is legally living in Romania and that the practicing of the

architectural profession is not prohibited permanently or temporarily;

copies of the diplomas, certificates or other official qualification titles in the architectural

profession.



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II.3. IMI STATISTICS ON REGULATED PROFESSIONS

REGISTERED IN THE SPANISH SYSTEM COMPARED TO THOSE

REGISTERED IN ROMANIA

Table 4 shows the number of the Competent Authorities in the two analyzed countries

(Spain and Romania) that are active in the IMI system at the end of 2012. We notice that

Spain exceeds Romania both in the number of authorities on Directive 2005/36 of the

European Parliament and of the Council as of September 7th

, 2005 on the recognition of

professional qualifications, and on the other two analyzed directives: Directive 2006/123/EC

of the European Parliament and of the Council as of December 12th

, 2006 on the services

provided on the internal market and Directive 96/71/EC of the European Parliament and of

the Council as of December 16th

, 1996 on the posting of workers during the service

provision activities.

Table 4. The number of the competent authorities active in the IMI system in the two

analyzed countries

Member State Professional

qualifications (Directive

2005/36/EC)

Services

(Directive

2006/123/EC)

Posting of Workers

(Directive 96/71/EC)

Total number

of authorities

in the IMI

Spain (ES) 105 927 27 948

Romania (RO) 41 93 2 111

Table 5. The total number of applications sent / received in 2012

Member State Applications sent % Applications received %

Directive 2005/36 of the European Parliament and of the Council on the recognition of professional qualifications

Spain (ES) 73 2.4 237 7.7

Romania (RO) 33 1.1 470 15.2

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Directive 2006/123/EC of the European Parliament and of the Council on the services on the internal market

Spain (ES) 16 3.9 16 3.9

Romania (RO) 1 0.2 12 2.9

Directive 96/71/EC of the European Parliament and of the Council on the posting of workers during the service provision

activities

Spain (ES) 8 1.0 50 6.2

Romania (RO) 13 1.6 117 14.5

Another important aspect in the IMI statistics is the number of applications sent and

received. From this point of view, the situation in 2012 may be summarized as follows: if we

take into account the applications for the recognition of professional qualifications (table 5)

we find that Romania and Spain received a relatively low number of applications forwarded

as compared to other states but if we analyze the applications received, Romania (470)

occupies the first position in the total number of the applications received by the Member

States.

For the provision of services (table 5) both Spain and Romania account for a very

low percentage of applications sent and relatively low percentages of applications received

(3.9% Spain and 2.9% Romania).

Regarding the posting of workers (table 5), Spain has received quite a significant

percentage of applications (6.2 %), while Romania occupies the second position as far as the

applications received is concerned (117 i.e. 14.5%) after Poland (147 i.e. 18.2%).

We could reach the conclusion that the Competent Authorities in the two countries

cooperate very well on the IMI platform (the time allotted for answering an application,

irrespective of the sector, is quite short), which has lead to the fact that our countries occupy

two of the first 6 positions as users of the IMI platform.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31996L0071:RO:NOT



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CONCLUSIONS

The labour market certification is an optional and not mandatory process, separated

from the training process.

The evaluation of the professional qualifications may be done by the same organization

having certified the competences or by another organization.

The diagrams shown in figures 1 and 2 (pages 7 and 9) show that the educational

systems in the two analyzed countries are somehow similar and that the mandatory and

free of charge education is of 10 years (the elementary and secondary education in

Spain and the primary and gymnasium education (lower secondary) in Romania), the

high school education ends with the baccalaureate examination and the academic

education is structured in both countries according to the Bologna process: bachelor,

master and PhD.

But we notice that in Spain the graduates of the average level and higher level Initial

Training Courses receive the Technician and the Higher Technician diplomas, which

facilitate their passing to the Baccalaureate, without an entrance exam having to be

taken in certain academic study programmes.

The European states face very different challenges for increasing the educational

knowledge of adults going back to school. Therefore, they offer them opportunities for

achieving professional qualifications through a flexible study programme (open

education, distance education and training and e-learning) as well as the financial

support for all the vulnerable categories of people to have access to these studies and all

kinds of training courses.



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In Spain the lifelong learning is approached in a practical manner through numerous

ways that are attractive for the candidate for the organization of the distance non-formal

learning (Aula Mentor – the online learning platform hosting – besides the contents of

the class – the exercises, activities for the student, which allows the trainer to constantly

follows him/her up and to answer all his/her questions) or distance informal learning

(CIDEAD - The Centre for Innovation and Development of Distance Education -

Centro para la Innovación y Desarrollo de la Educación a distancia).

The procedure for the recognition of qualifications is focused on the certification of the

professional competences irrespective of the way they have been achieved (formal,

informal or non-formal) for defined categories of adults such as: young people dropping

out of school (33% in Spain and 19.2% in Romania), adult employees having no

accredited professional qualifications (58.2% of the active population in Spain), etc.,

(the procedure shown in the diagrams in figures 3 and 4 and in the flowchart in figures

5a and 5b).

According to the CEDEFOP Report of August 2010 on the correlation between the

national qualification frameworks (EQF) in the EU Member States and the European

Qualification Framework, Spain and Romania are undergoing a process for the

development and implementation of an EQF focused on the lifelong learning and based

on the learning results.

INCUAL - Instituto Nacional de las Cualificaciones (The National Institute for

Qualifications), whose structure is shown in the diagram in figure 6, has adopted 5

levels of professional qualification (see the diagrams in figures 12, 13 and 14), but at

this moment it only uses 3 of them, the predominant sectors per qualification level being

shown in table 2 and figure 11.



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We have to point out that in Spain, unlike Romania, the participation of the Spanish

social partners in the professional qualification design process (the Consultative

Training Council), in the identification of the qualification needs and of new

professional qualifications (the National Observer) and in the management of resources

for the employees’ training (Three-party Employment Foundation) is much more

present and active.

The synthetic comparative analysis of the professions that are being regulated both in

Spain and in Romania, is shown in table 3, indicating that out of the 67 common

regulated professions, 53 are in the field of medical professions, 2 professions in the

field of architects and professions in the constructions field; 2 professions in the

social welfare field; 1 profession related to tourism, entertainment and sports

activities; 2 professions in the legal field; 2 professions related to the road transport

activities; 3 professions in the finance business; 1 profession in the field of education

and training; 1- other professions.

The collaboration between the Competent Authorities of the two countries (Spain

and Romania) on the IMI platform is very good (the time allotted for answering an

application, irrespective of the sector, is quite short), which has lead to the fact that our

countries occupy two of the first 6 positions as users of the IMI platform.



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