Key Benefits:
President of the Republic,
On the report of the Prime Minister, the Minister of National Education, Higher Education and Research, the Minister of Employment, Labour and Social Cohesion, the Minister of Health and Social Welfare, the Minister of Equipment, Transport, Land Management, Tourism and the Sea and the Minister of Culture and Communication,
Having regard to the Constitution, in particular article 38;
Considering Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC concerning the general system of recognition of professional qualifications and directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/432/EEC
Considering the Public Health Code;
Considering the code of social action and families;
Considering the education code;
Having regard to Act No. 46-942 of 7 May 1946, as amended, establishing the order of the expert geometers;
Having regard to Act No. 77-2 of 3 January 1977 amended on architecture;
Having regard to Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with administrations, including Article 21;
Considering Act No. 2004-237 of 18 March 2004 empowering the Government to transpose, by order, community directives and to implement certain provisions of Community law, including Article 1;
Having regard to the advice of the National Council for the Order of Architects dated 20 November 2003;
The Council of State heard;
The Council of Ministers heard,
Order:
Section L. 4111-2 of the Public Health Code is amended as follows:
I. - The first paragraph is preceded by an I.
II. - It is added, after the fifth preambular paragraph, to read:
“II. - The Minister responsible for health may also, in accordance with the terms provided by decree in the Council of State, authorize individually to practise the profession of doctor, surgeon-dentist or midwife nationals of a Member State of the European Community who hold a diploma, certificate or other title issued by a third State, but who has been recognized in a Member State other than France and allows to exercise the profession legally, after having examined the knowledge and »
It is added, on the 2nd of Article L. 4131-1 of the Public Health Code, a paragraph to read as follows:
"(c) A diploma, certificate or other medical certificate issued by a Member State, in accordance with the Community obligations, not listed in a, if accompanied by a certificate from that Member State certifying that it shall grant training in accordance with these obligations and that it shall be assimilated, by it, to the diplomas, certificates and titles on this list. »
The third part of section L. 4141-3 of the Public Health Code is amended as follows:
I. - The following words are added at the end of b:
"and, under conditions provided by decree in the Council of State, any other diploma, certificate or other title of doctor issued in Italy to persons who began their university training as a doctor between 28 January 1980 and 31 December 1984 whose value is certified by a certificate issued by the Italian authorities. »
II. - It is added a c as follows:
"(c) A diploma, certificate or other title of a dental practitioner issued by a Member State, in accordance with the Community obligations, not listed in a, if accompanied by a certificate from that State certifying that he or she shall grant training in accordance with these obligations and that he or she is assimilated to the diplomas, certificates and titles on that list. »
It is added to the 2nd of Article L. 4151-5 of the Public Health Code a paragraph thus written:
"(d) A diploma, certificate or other title of midwife issued by a Member State, in accordance with the Community obligations, not listed in a, if accompanied by a certificate from that State certifying that it shall grant training in accordance with these obligations and that it is assimilated, by it, to the diplomas, certificates and titles on this list. »
In article L. 4221-5 of the Public Health Code, after the words: "before October 1, 1987" are added the words: "and with regard to Italy, started before November 1, 1993 and completed before November 1, 2003,".
After section L. 4221-14-1 of the Public Health Code, an article L. 4221-14-2 is inserted as follows:
"Art. L. 4221-14-2. - The Minister responsible for health may also, in accordance with the terms provided by decree in the Council of State, authorize individually to practise the pharmacy in France the nationals of a Member State of the European Community who hold a diploma, certificate or other title issued by a third State but recognized in a Member State other than France and allowing to legally practise the profession, after having examined the knowledge and qualifications certified by the diploma and by the whole of the profession »
Section L. 4311-4 of the Public Health Code is replaced by the following:
"Art. L. 4311-4. - may also be allowed to practise the profession of nurse or nurse:
1° Nationals of a Member State of the European Community who hold a degree, certificate or other title issued by the competent authority of a Member State, not provided for in Article L. 4311-3, but who may exercise the profession legally;
2° Nationals of a Member State of the European Community, holder of a degree of nurse acquired in a third State, recognized in a Member State of the European Community and allowing to legally practise the profession.
After examining the knowledge and qualifications attested to by this degree and by all the training and professional experience acquired in a Member State in respect of those required by the rules in force for the access and exercise of the profession, the administrative authority may require that they choose either to undergo a fitness test or to perform an adaptation course.
The terms of application of this article shall be determined by decree in the Council of State. »
Title III of Book VI of the Education Code is amended as follows:
I. - In chapter II, an article L. 632-13 is added as follows:
"Art. L. 632-13. - A decree in the Council of State determines how it is taken into account the specialized training, the professional experience, the complementary training and the continuing medical training that justifies a citizen of a Member State of the European Community when he wishes to obtain a diploma, certificate or other title that is not issued in his State of origin or origin. »
II. - In chapter IV, in article L. 634-1, it is added a last sentence as follows:
"They also set out the modalities under which it is taken into account the specialized training, professional experience, complementary training and ongoing training in dental art, which justifies a national of a European Community member state when he wishes to obtain a diploma, certificate or other title as a dental practitioner that is not issued in his State of origin or origin. »
Section 10 of the Act of 3 January 1977 on Architecture is amended as follows:
I. - The 2nd becomes the 3rd and, in the same paragraph, the words: "in conditions fixed by a decree in the Council of State" are deleted.
II. - It is inserted a 2° as follows:
« 2° Being a holder of a degree, certificate or other title issued by a third State, but which was recognized in a Member State other than France and allows to legally practise the profession and be recognized as qualified by the administrative authority in the light of the knowledge and qualifications attested by this degree and by the whole of the training and professional experience acquired in a Member State; "
III. - It is added after the 3rd a paragraph as follows:
"The terms of application of the 2nd and 3rd are set by a decree in the Council of State. »
Article L. 411-1 of the Code of Social Action and Families is amended as follows:
I. - In the second paragraph, the words: "another member state of the European Community" are replaced by the words: "a member state of the European Community".
II. - The sixth paragraph is supplemented by the following sentence: "However, this condition of a two-year professional experience is not required when the training title(s) held by the applicants sanction regulated training directly directed to the exercise of the profession of social service assistant. »
III. - In the last paragraph, after the words: "in a different way," the words are inserted: ", unless the knowledge they have gained during their professional experience is of a nature to render this verification unnecessary."
Article 3 of the Law of 7 May 1946 establishing the order of the expert geometers is thus amended:
I. - At the b of the 4th, the words "of the same level of training" are replaced by the words "of an equivalent level of training".
II. - After the fourteenth preambular paragraph, a sub-item is inserted:
"However, the condition of a two-year professional experience is not required when the training title(s) held by the applicant sanction regulated training directly directed towards the exercise of the expert geometer profession. »
III. - In the sixteenth preambular paragraph, after the words: "qualification recognition" are added the words: "after verification of the knowledge acquired by the applicant."
The Prime Minister, the Minister of National Education, Higher Education and Research, the Minister of Employment, Labour and Social Cohesion, the Minister of Health and Social Welfare, the Minister of Equipment, Transport, Land Management, Tourism and the Sea, and the Minister of Culture and Communication are responsible, each with respect to it, for the application of this Official Republic, which is published in the French Journal.
Done in Paris, November 4, 2004.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Minister of Health
and Social Welfare
Philippe Douste-Blazy
Minister of National Education,
higher education
and research,
François Fillon
Minister of Employment, Labour
and social cohesion,
Jean-Louis Borloo
Minister of Equipment, Transportation,
of land use,
tourism and the sea,
Gilles de Robien
Minister of Culture
and communication,
Renaud Donnedieu de Vabres
