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The managements carried out in recent years by the General Council of Colleges of Industrial Technical Engineers , in relation to the control organizations (OCAS), have borne fruit. As a result of the complaint presented by this Council in the European Commission, industrial technical engineers can conduct inspections as professionals.
Inclusion of "natural person" in the definition of the OCAS in this way, by means of the Omnibus Law (Law 25/2009, of December 22, of modification of several laws for its adaptation to the Law on the free access to the service activities and its exercise, which modifies 47 laws), in its article 13 modifies the Law 21/1992, of July 16, of industry, in which in its article 15, and regarding the control bodies, It includes the terminology "natural person".
Through this complaint, the General Council of Associations of Industrial Technical Engineers had the main objective of ensuring that a professional equipped with the necessary material resources and knowledge could carry out inspections in the field of safety or industrial quality.
However, the way to reach this goal of the Council has been full of obstacles. The Ministry of Industry has had to rectify following the resolution issued by the General Directorate of Competition of the European Commission, which indicated the failure of the Government to make the Law of European Competition in the subject of OCAS. This breach even imposed the imposition of a fine in Spain if it did not rectify. Finally, the Ministry of Industry decided to urge the carrying out of the relevant modifications taking advantage of the approval of the aforementioned Law 25/2009 (known as the "Omnibus Law"), thus avoiding the mentioned fine of the European Commission.
Background The first steps to resolve this situation began in 2005, when the Council, through its office in Europe, filed a complaint that was accepted by the Directorate General for Internal Market and Services of the Commission European in January 2006. The argument of this complaint was the violation of the principles of free competition, freedom of service and freedom of establishment enshrined in the EC Treaty.
The General Council thus initiated its "special periplo" to achieve the consolidation of the process of adaptation of the Spanish legislation to the demands of the European Commission, which imply the consideration that the Industrial Technical Engineers can be credited as authorized control bodies . To achieve this goal, the President of the Council, Mr. Vicente Martínez, held several meetings with Spanish MEPs, who showed their support for the theses defended by the Council, and committed themselves to follow-up to achieve effective compliance with The resolution of the European Commission on authorized control bodies.
Inclusion of "natural person" in the definition of the OCAS in this way, by means of the Omnibus Law (Law 25/2009, of December 22, of modification of several laws for its adaptation to the Law on the free access to the service activities and its exercise, which modifies 47 laws), in its article 13 modifies the Law 21/1992, of July 16, of industry, in which in its article 15, and regarding the control bodies, It includes the terminology "natural person".
Through this complaint, the General Council of Associations of Industrial Technical Engineers had the main objective of ensuring that a professional equipped with the necessary material resources and knowledge could carry out inspections in the field of safety or industrial quality.
However, the way to reach this goal of the Council has been full of obstacles. The Ministry of Industry has had to rectify following the resolution issued by the General Directorate of Competition of the European Commission, which indicated the failure of the Government to make the Law of European Competition in the subject of OCAS. This breach even imposed the imposition of a fine in Spain if it did not rectify. Finally, the Ministry of Industry decided to urge the carrying out of the relevant modifications taking advantage of the approval of the aforementioned Law 25/2009 (known as the "Omnibus Law"), thus avoiding the mentioned fine of the European Commission.
Background The first steps to resolve this situation began in 2005, when the Council, through its office in Europe, filed a complaint that was accepted by the Directorate General for Internal Market and Services of the Commission European in January 2006. The argument of this complaint was the violation of the principles of free competition, freedom of service and freedom of establishment enshrined in the EC Treaty.
The General Council thus initiated its "special periplo" to achieve the consolidation of the process of adaptation of the Spanish legislation to the demands of the European Commission, which imply the consideration that the Industrial Technical Engineers can be credited as authorized control bodies . To achieve this goal, the President of the Council, Mr. Vicente Martínez, held several meetings with Spanish MEPs, who showed their support for the theses defended by the Council, and committed themselves to follow-up to achieve effective compliance with The resolution of the European Commission on authorized control bodies.