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Spain

Ingeniero técnico industrial en la correspondiente especialidad (Spain)


  • Proportionality information

    1. Have you examined whether the requirements under your national legal system are
    directly or indirectly discriminatory on the basis of nationality or residence?
       

    They are not discriminatory in any case.

    The exercise of the profession is subject to the same rules as those required to the national service providers; thus, facilitating free professional mobility and integration in the Single Market.




    2. Which of the following overriding reasons relating to the general interest justifies the measure(s)?
         
    • Protection of consumers and recipients of services
    •    
    • Protection of the environment and the urban environment, including town and country planning
    •    
    • Other, please specify
       Industrial security

    3. What specific risks or benefits have you identified that your measure(s) is designed to, respectively, minimise or maximise?

       Please try to be specific in describing the nature of the risks/benefits you have identified
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. Wherever possible please include evidence.

       Qualification requirements, compulsory membership with a professional association and liability insurance (SRC) ensure public safety, maximize the protection of customers and service users and minimize risks of illegal professional practice. 
    The qualification of professionals is still accredited and their activity is linked to urban environment and environmental protection, urban planning and preservation of heritage. 
    The main activities of these professionals concern industrial security and its variants such as transportation, power generation, product manufacturing, chemicals processing, waste disposal, etc. These activities have inherent risks which require careful handling, as well as adopting, implementing and enforcing safety standards and preventive measures.
    According to figures supplied by insurance companies, 17% of the accidents in the field of engineering are caused by design-related faults which could be avoided if the technical documents were reviewed or endorsed.

    4. How specifically do your measures operate to minimise the risk(s) or maximise the benefit(s) identified in question 3?

       When addressing this question please try to explain how the measures prevent the risks or guarantee the benefits.
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. Wherever possible please include evidence.

       

    A “Colegio Profesional” (professional association) is a corporation governed by Public Law that puts collective social interest first. The association is not only a data base of professionals.

    Compulsory licensing minimizes risks by ensuring professional qualifications, continuing professional development and professional competence and by carrying out a code of ethics.

    Compulsory licensing also ensures public safety and the existence of a liability insurance to carry out a professional activity. Last but not least, compulsory licensing helps release resources of the administrations in favour of citizenship, it provides security to citizens, business organizations and social partners and it also preserves our heritage, the environment and the urban environment.

    The professional associations have a professional code of conduct or code of ethics, which includes disciplinary measures to make public and professional order prevail.


    5. In so far as you are able, please provide information that you have gathered regarding the concrete effects of the measure(s).

       For example, through impact assessments or information gathered during implementation or review of a measure. Member States who have recently undergone reforms may in particular be able to contribute helpfully to this field. Where you are able to provide cost-benefit analyses this would be particularly valuable.
       Information on whether the measures indeed successfully prevented risks from being realised (e.g. the number of sanctions imposed, a drop in transgressions since the measure was introduced or consequences from previous modifications of the regulation) would equally be helpful.
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. You may also wish to include evidence on consumer satisfaction or other measurements of the impact.

       

    The legislative change in suppressing compulsory visa for specific professional activities (Royal Decree 1000/2010 on compulsory visa by a professional association) has caused an elimination of the prior control made by the professional association.  

    The Visa is a service of administrative authentication and technical supervision done by a professional association which:

    -ensures safety at work before carrying out the work,

    -ensures it is compliant with the laws, standards and technical regulations,

    -confirms the professional competence of the signatory of the project,

    -suppresses formal defect,

    -avoids professional malpractice and projects which are not adjusted to technical specifications,

    -guarantees the existence of a liability insurance and guarantees the filing, integrity and preservation of the technical documentation of the professional work which has been granted a visa.


    6. Is the general interest objective you indicated in question 2 pursued in a consistent and systematic manner?.

       In approaching your response to this question please consider examples where you have addressed similar risks for comparable professions, not necessarily within the same sector. Is the approach you have adopted in this particular profession comparable or distinct from such similar cases and why?

       

    University degrees, licensing and the liability insurance (SRC) guarantee the protection of clients' and users’ rights ensuring the qualification, professional empowerment and continuous professional development. Professional associations, as partners of the Government Authorities, ensure public safety and health, the protection of consumers and users, urban environment and environmental protection and the preservation of our cultural and historical heritage.

    The professional associations are a source of information to set out official statistics and reliable indicators related to economic activity. Likewise, they contribute efficiently to the development of eGovernment, an essential tool to achieve the objectives of administrative simplification, dissemination and correct application of regulations, standards and the best practice.


    7. Please explain in how far the degree of complexity or the nature of the activities
    which are reserved justify that these activities can be exclusively performed by professionals possessing a specific professional qualification?

       For example: when the tasks are essentially of a straightforward nature (such as preparing and printing pay slips etc.), or involve essentially the execution of instructions, specific professional aptitudes should not be required.

       

    The following professional activities fall within the field of Industrial Technical Engineers (Law 12/1986 and Law 38/1999):

    a) Drafting and signing projects in the industrial field aimed at construction, reforms, repair, maintenance, demolition, manufacture, installation, assembly or operation of real or personal property in their respective cases, both primarily and secondarily.

    b) Managing the activities requested in the projects referred to in the previous paragraph, even when the projects would have been conducted by a third party.

    c) Carrying out measurements, calculations, assessments, appraisals, surveys, studies, reports, work plans and other similar works.

    d) Teaching certain subjects in different degrees in the cases and terms provided in the corresponding legislation.


    8. Where you have indicated several measures in place in the screening tab,
    have you reviewed the cumulative effect of all these measures on professional activities?

       If not, why not?
       If yes, please outline for us how you approached assessing this issue as well as the results and conclusions or any learning you drew from this. Where possible please include evidence.

       

    The cumulative effect of the existing measures for professional practice is necessary and positive.

    A university degree ensures the professional skills, guaranteeing the excellence of their performance at technical and business level.

    Compulsory licensing certifies professional qualification, continuous professional development and the enforcement of a code of conduct or ethical code on behalf of consumers and users. This code of ethics includes disciplinary measures and some internal rules applicable to the professional associations. These ensure public health and safety, the protection of consumers and users, the protection of the urban environment, environmental protection and the preservation of our cultural and historical heritage.

    The liability insurance (SRC) ensures professional activities in case of casualty, provided that the professional practice that has been carried out by the engineer is an insured activity to which he is legally entitled.


    9. Have you considered the use of alternative mechanisms to achieve your objective(s)?
         
    • Use of voluntary certification schemes
    •    
    • Use of title protection
    •    
    • Other, please specify

       Please briefly explain. Where you have selected more than one option, please be sure to address each of these in your response.

       

    The General Council of Official Associations of Graduates and Industrial Technical Engineers (COGITI) holds a system of voluntary competence certification called “Certificación CPD Ingenieros” (Continuing Professional Development engineering certification), which certifies the lifetime professional and educational experience of an engineer.

    The service provider must be a highly qualified professional because his/her roles will be directly linked to the security of people, property and the environment. The skills which can be required from these professionals must be obtained at University, but completed and updated throughout their working lives.

    The professional empowerment must be made by the professional associations, based on the acquisition of skills through lifelong learning (professional experience and training).

    The exclusive use of the name of the profession benefits clients and users by creating a professional whose name and professional activities can be easily identified.


    10. Conclusion

       Following your internal examination of this regulated profession, which of the following have you concluded?

    •    Improve current system (simplify guidance, remove burdensome aspects etc.)

       Explain where relevant:

       

    The current system requires generating more competitiveness and removing certain professional barriers that are not based on technical skills that professionals acquire through their Lifelong Learning. We believe in a model of individualized professional empowerment through professional associations. This way, an honest competition between the various professionals will be encouraged, an honest competition which will generate greater quality and safety in the services provided and which will generate greater competitiveness of society as a whole.


    11. Any other comments?
       

    The professional empowerment must be made by the professional associations, based on the visa and registration of each and every job.

    Visa fees do not exceed 0.03% of the budget of execution of the endorsed work. Suppressing it has not made professional services cheaper since its impact is not significant in the final budget.

    The protection of "public safety" is a reason of public interest. It supports and justifies the need for the visa and the registration of service providers within the professional associations. If the visa is "not required", it causes the suppression of the access to key services in appropriate conditions and the increase of "accidents" in key areas for cohabitation and welfare of citizens.

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