Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of Economy, Industry and Employment,
Having regard to the Constitution, including article 38;
Considering Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications;
Considering the code of social action and families;
Vu le Trade code ;
Considering the code of construction and housing;
Considering the education code;
Considering the environmental code;
Vu le general code of territorial authorities ;
Vu le Code of Criminal Procedure ;
Vu le road code ;
Considering the rural code;
Vu le Public Health Code ;
Vu le Sport code ;
Vu le Tourism code ;
Vu la Act No. 46-942 of 7 May 1946 Amending the order of the geometers-experts;
Vu la Act No. 46-1173 of 23 May 1946 amended to regulate conditions of access to the hairdresser profession;
Vu la Act No. 49-1652 of 31 December 1949 regulating the profession of wine brokers called "country brokers", modified by theOrder No. 2005-1091 of 1 September 2005 ;
Vu la Act No. 70-9 of 2 January 1970 Amending the conditions for the operation of certain transactions relating to buildings and trade funds;
Vu la Act No. 71-1130 of 31 December 1971 amended to reform certain legal and judicial professions;
Vu la Act No. 77-2 of 3 January 1977 modified on architecture;
Vu la Act No. 82-1091 of 23 December 1982 relating to the professional training of craftsmen, modified by theOrder No. 2003-1213 of 18 December 2003 and Act No. 2005-882 of 2 August 2005 ;
Vu la Act No. 96-603 of 5 July 1996 amended on the development and promotion of trade and crafts;
Vu la Act No. 2006-10 of 5 January 2006 on transport security and development;
Vu la Act No. 2007-1774 of 17 December 2007 bringing various provisions for adaptation to community law in the economic and financial fields, including Article 6;
See?Order No. 45-2138 of 19 September 1945 amended by establishing the order of the accountants and regulating the title and profession of accountant;
Having regard to the advice of the National Funeral Operations Council dated 17 September 2007;
Having regard to the opinion of the National Council for the Order of Architects dated 27 September 2007;
Considering the opinion of the National Commission of Interpreters and Speakers dated 15 October 2007;
The Council of State heard;
The Council of Ministers heard,
Order:
A national of a Member State of the European Community or another State Party to the Agreement on the European Economic Area, beneficiary of the recognition of his professional qualifications, must have the language knowledge necessary for the exercise in France of the profession envisaged.
Article 776 of the Code of Criminal Procedure is amended as follows:
1° At 3°, after the words: "criminal convictions" are added the words: "or disciplinary sanctions";
2° It is inserted a 6° as follows:
« 6° To the competent authorities designated by order of the Minister of Justice, when they receive, pursuant to Articles 8 and 56 of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, a request for the communication of penal or disciplinary sanctions imposed on a professional from a competent authority of another Member State of the European Community or a party to the agreement on the European Community » ;
3° It is added a paragraph to read:
" Bulletin 2 of the criminal record is transmitted, pursuant to the aforementioned Directive 2005/36/EC, to the competent authorities responsible for applying, in a Member State of the European Community or part of the agreement on the European Economic Area, restrictions on the exercise of a professional activity based, in that State, on the existence of criminal or disciplinary sanctions. »
When pursuant to Articles 8 and 56 of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, a competent authority of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area requests information regarding disciplinary sanctions not included in Bulletin 2 of the criminal record taken against a professional established in France, the said information shall be communicated by the French authorities.
I. ― Section L. 411-1 of the Social Action and Families Code is replaced by the following provisions:
"Art.L. 411-1.-May carry the professional title or occupy a job as social service assistant the holders of the French state diploma of social service assistant.
"Can also be allowed to carry the title or to occupy a job as a social service assistant nationals of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area that do not have the diploma referred to in the first paragraph but who, after successfully following a post-secondary education cycle, hold:
« 1° a training certificate issued by the competent authority of a State, member or party, which is required to access the profession of social service assistant or to practise it in that State;
« 2° Or a training title issued by the competent authority of a State, member or party, which does not regulate access to the profession of social service assistant or exercise thereof and attesting to the preparation of the holder for the exercise of that profession, if the interested party justifies having exercised for two years full-time in the last ten years in a State, member or party;
« 3° Or a training certificate issued by a third State, accompanied by a certificate from the competent authority of the member State or party that has recognized this title certifying that the person concerned has legally exercised the profession of social service assistant in that State for at least three years in full time;
"The individual must demonstrate that he/she has the language knowledge necessary to exercise the profession.
"In the event that the examination of professional qualifications certified by the training title and the professional experience reveals substantial differences in respect of those required for the access and exercise of the profession in France, the competent authority requires that the interested party submit to a compensation measure that consists, at the discretion of the latter, in a suitability test or an adaptation course.
"The issuance of the certificate of capacity to exercise allows the beneficiary to practise the profession under the same conditions as the holders of the diploma referred to in the first paragraph. »
II. • It is inserted an article L. 411-1-1 with the same code as:
"Art.L. 411-1-1.-The social service assistant, a national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area which is established and legally exercises the activities of social service assistant in one of these States, may exercise them in France on a temporary and occasional basis, without having to proceed with the formalities provided for in Article L. 411-2.
"When the exercise or training leading to the profession is not regulated in the State in which it is established, the service provider must justify having exercised it for at least two years in the preceding ten years.
"The service provider is subject to the rules relating to the conditions of practice of the profession and to the use of the professional title and to the ethical and ethical principles of the profession.
"The temporary and occasional exercise of the profession is subordinated during the first performance to a written statement before the competent authority, established in French.
"The provision of services is carried out under the professional title of the State of establishment written in one of the official languages of that State.
"The service provider can make use of its training title in the language of the State which has issued it. It is required to include the place and place where it was obtained. »
The order of September 19, 1945 referred to above is amended as follows:
1° An article 26-1 is inserted as follows:
"Art. 26-1.-The expert accountant profession may be exercised in France on a temporary and occasional basis by any national of a Member State of the European Community or another State Party to the agreement on the European Economic Area, subject to:
« 1° To be legally established, on a permanent basis, in one of these States to exercise the activity of an expert accountant;
« 2° When this profession or training in it is not regulated in the State of establishment, it has also exercised this profession for at least two years in the ten years preceding the performance of accounting expertise that it intends to carry out in France.
"The provision of accounting expertise is carried out under the professional title of the State of establishment where such a title exists in that State. This title is indicated in the official language of the State of Settlement. In cases where this professional title does not exist in the State of establishment, the provider mentions his diploma or training title in the official language of that State.
"The performance of this accounting expertise is subject to a written statement to the Conseil Supérieur de l'ordre des experts-comptables préalable à la première prestation.
"The written statement specifies insurance coverage or other means of personal or collective protection regarding the professional liability of the provider.
"This statement is reiterated in the event of material change in the elements of the declaration and renewed annually if the provider plans to carry out this activity during the year concerned.
"On receipt of this statement, the Conseil supérieur de l'ordre des experts-comptables en adresse copie au Conseil régional de l'ordre des experts-comptables dans le ressort laquelle la prestation d'expertise comptabilité doit être réalisation. Upon receipt of this transmission, the Regional Council shall register the declarant for the year referred to in the order table.
"A decree in the Council of State shall specify as necessary the terms and conditions for the application of this article. » ;
2° Section 3 of Title II of the Order adds an article 37-1 to read as follows:
"Art. 37-1.-The Higher Council also has the task of collaborating, as a competent authority, with the competent authorities of the Member States of the European Community other than France and those of other States parties to the agreement on the European Economic Area to assist in the application of Directive 2005 / 36 / EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications. »
The tourist code is thus modified:
I. ― At the e of Article L. 212-2, the words: "or on that of another Member State of the European Economic Community or of another State Party to the European Economic Area Agreement" are deleted.
II. ― The first paragraph of section L. 212-3 is replaced by the following:
"To be established in France, is considered to meet the conditions of fitness referred to in the a and the ability to exercise referred to in the b of Article L. 212-2 any national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area, as soon as it produces the supporting documents from the competent authority of one of these states proving:
"that he has the professional experience to practise the profession of travel agent in accordance with the conditions of recognition established by decree in the Council of State;
"that he is not incapacitated or prohibited, even temporary, to practise the profession of a travel agent. »
III. Section 8 of Chapter II of Book II title I of the Tourism Code reads as follows:
“Section 8
“Free service delivery
"Art.L. 212-9.-Any citizen of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area, legally established, for the exercise of the activity of a travel agent in one of these States, may exercise this activity temporarily and occasionally in France.
"However, where the activity of a travel agent or the training in the State of establishment is not regulated, the provider must have carried out this activity in that State for at least two years in the ten years preceding the performance.
"Art.L. 212-10.-When the provider provides services in France for the first time, he shall inform the competent authority in advance of a written statement, including information on insurance coverage of professional civil liability and financial guarantee, in the conditions set by decree in the Council of State.
"This statement is reiterated in the event of material change in the elements of the declaration and must be renewed each year if the provider plans to carry out this activity in the relevant year.
"Art.L. 212-11.-The provisions of sections L. 212-9 and L. 212-10 apply to the licensing regimes provided for under Book II of this Code. »
The single chapter of title II of Book II of the Tourism Code is thus amended:
I. ― At the top of the chapter, it is inserted a section 1, which contains section L. 221-1, titled "Section 1. General provisions".
II. ― After section 1, two sections are added:
“Section 2
"From Freedom of Establishment
"Art.L. 221-2.-To be established in France, is considered to be qualified for the conduct of the visits commented in museums and historical monuments under the conditions provided for in Article L. 221-1 when a national of a member State of the European Community or of a State Party to the agreement on the European Economic Area, provided that he produces the supporting documents from the competent authority of a decree possesses
“Section 3
"From the free provision of services
"Art.L. 221-3.-Any citizen of a Member State of the European Community or of another State Party to the European Economic Area, legally established, for the exercise of the profession of interpreter or lecturer in one of these States, may practise this profession temporarily and occasionally in France.
"However, when the profession of guide-interpreter or lecturer or training in the State of establishment is not regulated, the provider must have practised this profession in that State for at least two years in the ten years preceding the performance.
"Art.L. 221-4.-The benefit is performed under the professional title of the State of establishment when such a title exists in that State. This title is indicated in the official language of the State of Settlement. In cases where this professional title does not exist in the State of establishment, the provider mentions its training title in the official language of that State. »
Chapter I of Book II title III of the Tourism Code is thus amended:
I. ― At the top of the chapter, a section 1 is inserted, which includes sections L. 231-1, L. 231-2, L. 231-3 and L. 231-4, entitled "Section 1. General provisions".
II. ― After section 1, two sections are inserted:
“Section 2
"From Freedom of Establishment
"Art.L. 231-5.-To be established in France, is considered to meet the conditions of competence and morality provided for in Article L. 231-2 by any national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area, as soon as it produces supporting documents from the competent authority of one of these states proving:
"that he possesses the professional ability to practise the profession of a great discount and tourism contractor in accordance with the conditions of recognition set by decree in the Council of State;
"that he is not incapacitated or prohibited, even temporary, to practise this profession.
“Section 3
"From the free provision of services
"Art.L. 231-6.-Any citizen of a Member State of the European Community or of a State Party to the Agreement on the European Economic Area, legally established, for the exercise of the profession of entrepreneur of great discount and tourism, in one of these States, may practise this profession temporarily and occasionally in France.
"However, where the occupation of a large-scale contractor and tourism or the training leading to it is not regulated in the State of establishment, the provider must have practised this profession in that State for at least two years in the ten years preceding the performance. »
I. ― Section L. 212-1 of the Highway Code is replaced by the following provisions:
"Art.L. 212-1.-I. ― The education, on an expensive basis, of the conduct of motor vehicles of a given category and of road safety as well as the conduct of road safety awareness trainings mentioned in Article L. 223-6 are subject to the issuance of an administrative authorization.
“II. ― By derogation from I, any national of a Member State of the European Community or another State Party to the European Economic Area, legally established, for the exercise of the activities mentioned in I, in one of these States, may exercise these activities temporarily and occasionally in France.
"However, where such activities or training are not regulated in the State of establishment, the provider must have carried out these activities in that State for at least two years in the ten years preceding the performance.
"When the provider first provides a performance in France, he shall inform the competent authority beforehand by a written statement that results in an audit of his professional qualifications. The conditions for the application of this paragraph shall be fixed by decree in the Council of State. »
II. ― The I of Article L. 212-4 of the Highway Code is supplemented by a sentence as follows: "It is punishable by the same penalty the temporary and occasional exercise of the teaching of driving and road safety without complying with the conditions set out in II of Article L. 212-1. »
The road code is thus modified:
I. ― Section L. 326-1 is amended as follows:
"It is the quality of automotive experts that nationals of a Member State of the European Community or of another State Party to the agreement on the European Economic Area that fulfil the conditions of professional qualification determined by decree in the Council of State. »
II. ― In the first paragraph of Article L. 326-3, the word "annually" is deleted;
III. ― Section L. 326-4 is replaced by the following:
"Art.L. 326-4.-I. ― Only nationals mentioned in Article L. 326-1 on the national list of automotive experts may carry out the following activities:
« 1° Drafting of reports to be produced to third parties and related to any damage caused to motor vehicles and to cycles and derivatives, including any operations and studies necessary for the determination of origin, consistency, value and repair of such damage;
« 2° Determination of the value of the vehicles mentioned in 1° of I of this article.
“II. ― Any national of a Member State of the European Community or of another State Party to the European Economic Area, legally established, for the exercise of the activity of an expert in automobile, in one of these States, may practise this profession temporarily and occasionally in France. It is listed on the national list of automotive experts on a temporary basis.
"However, where the profession of an expert in automobiles or the training in them is not regulated in the State of establishment, the provider must have practised this profession in that State for at least two years in the ten years preceding the performance.
"When the service provider provides services in France for the first time, he shall inform the competent authority in advance of a written statement that results in an audit of his professional qualifications.
"III. ― By derogation from I and II above, the activities carried out in the course of a judicial proceeding or involving the security of the State or the national defence are the only specific provisions that regulate them.
"IV. ― The conditions for the application of this article are fixed by decree in the Council of State. »
IV. – In article L. 326-6, the II is deleted.
The III becomes II.
V. ― Section L. 326-8 is replaced by the following provisions:
"Art.L. 326-8.-The use, without right, of the quality of an expert in motor vehicles or the fact of claiming them and the temporary and occasional exercise of this activity without complying with the conditions laid down in Article II of Article L. 326-4 shall be punished by the penalties provided for in Articles 433-17 and 433-22 of the Criminal Code. »
Section L. 323-1 of the road code is replaced by the following provisions:
"Art.L. 323-1.-I. ― When pursuant to this Code, vehicles are subject to technical control, it shall be carried out by the State or by State-approved controllers.
"This approval may be issued either to independent controllers or to controllers organized in networks of national importance, provided that they have not been subject to any convictions listed in Bulletin 2 of their criminal record.
"The controller functions as well as the other functions performed in these networks are exclusive of any other activity carried out in the repair or trade of motor vehicles.
"The control costs are borne by the owner of the vehicle.
"A decree in the Council of State sets out the procedures for the operation of the control system and in particular the conditions for the accreditation of the controllers, the facilities necessary for the control and the networks mentioned in the second paragraph.
“II. ― By derogation from I, any national of a Member State of the European Community or of another State Party to the European Economic Area, legally established, for the exercise of the profession of technical vehicle controller, in one of these States, may exercise this activity temporarily and occasionally in France.
"However, where such activity or training is not regulated in the State of establishment, the provider must have exercised this activity in that State for at least two years in the ten years preceding the performance.
"When the provider provides for the first of the services in France, he shall inform the competent authority in advance of a written declaration, in the conditions set by decree in the Council of State. »
Section L. 111-25 of the Construction and Housing Code is replaced by the following provisions:
"Art.L. 111-25.-The technical inspection activity is subject to approval. It is incompatible with the exercise of any design, execution or expertise of a work. The approval decision takes into account technical competence and professional morality.
"By derogation from the preceding paragraph, a national of a State of the European Community or another State Party to the Agreement on the European Economic Area legally established in one of these States to carry out this activity may, after verification of its professional qualifications, exercise in France a technical inspection activity on a temporary or occasional basis.
"When he first performs a performance in France, the national referred to in the second paragraph must inform the administrative authority in advance by a statement to prove his professional qualifications. If, in the State where it is legally established, neither the technical control activity nor the training in it is regulated, it must have carried out this activity for at least two years in that State in the ten years preceding the performance.
"The terms and conditions for the application of this article are set by decree in the Council of State. »
Section 17 of the above-mentioned Act of 5 January 2006 is amended to read:
I. ― After the 2nd of II, it is added a 3 as follows:
“3. By derogation from 1 and 2 above, professionals from a Member State of the European Community or from another State Party to the Agreement on the European Economic Area may exercise in a temporary and occasional manner in France the training activity for the conduct of motor pleasure craft at sea and in inland waters, subject to:
« 1° To be legally established in one of these States to carry out this activity;
« 2° When neither the activity nor the formation that leads to it is regulated in the State, having exercised it for at least two years in that State in the ten years preceding the performance. This condition is not applicable if the training leading to this activity is regulated.
"When professionals mentioned in the first paragraph perform their performance in France for the first time, they must inform the administrative authority in advance by a statement that results in an audit of their professional qualifications. »
II. ― In 1 of the III, after the words: "the use of a non-relevant trainer of an authorization to teach in the course of validity" are added the words: "or having not fulfilled the obligation to report before a first performance in the national territory. "
The above-mentioned Act of 7 May 1946 is amended as follows:
I. ― Article 2-1 reads as follows:
"Art. 2-1.-By derogation from the first paragraph of Article 2, professionals who are nationals of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area may, without being registered in order, carry out temporary and occasional work on the national territory as provided for in Article 1st, subject to:
« 1° To be legally established in one of these States to practise the profession of expert geometer;
« 2° Where neither the profession of expert geometer nor the formation thereof are regulated in the State of establishment, having exercised this profession for at least two years in the ten years preceding the performance in that State;
« 3° To be assured in accordance with Article 9-1 and to make the declaration under the conditions defined by decree in the Council of State;
« 4° To meet declarative obligations, before the realization of the first performance in France, under conditions defined by decree in the Council of State.
"The benefit is carried out under the professional title of the institution State or under the training title of the provider.
"The professional is obliged to respect the rules of conduct determined by decree in the Council of State, including professional secrecy and insurance, under the conditions of Article 6. It is subject, for the purposes of these rules, to the disciplinary control of the regional board of order in which the benefit is performed. »
II. the first paragraph of Article 3 is read as follows:
"No person shall be entitled to be an expert geometer or, subject to section 2-1 and except for the exception provided for in section 26 below, practise the occupation of the geometer if he is not included in the table of the order established by this Act. »
III. ― At the 4th of Article 3, b and c are replaced by a b as follows:
“(b) Or having been recognized qualified by the administrative authority under conditions established by decree in the Council of State. »
IV. The second paragraph of Article 4 is as follows:
"The title of an intern expert geometer is also assigned to nationals of a Member State of the European Community or another State Party to the agreement on the European Economic Area, which, under conditions specified by decree in the Council of State, perform an adaptation stage prior to the recognition of their qualifications. »
V. ― In the first paragraph of Article 6, the words: "and professionals nationals of the European Union or nationals of a State party to the agreement on the European Economic Area exercising under the regime of the free provision of services" are deleted.
The above-mentioned Act of 23 May 1946 is amended as follows:
1° Section 3-1 is replaced by the following:
"Art. 3-1.-I. ― To settle in France, a professional national of a Member State of the European Community or another State Party to the Agreement on the European Economic Area must meet the conditions set out in Article 3.
“II. ― A professional national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area may exercise, on a temporary and occasional basis, the effective and permanent control of the professional hairdressing activity at the home of individuals or in the course of a trade fair, subject to being legally established in one of these States to exercise this activity.
"However, when the hairdressing activity or training in it is not regulated in the State of establishment, it must have also exercised this activity in the State where it is established for at least two years in the ten years preceding the performance that it intends to achieve in France.
"The professional meeting these conditions is exempted from registration requirements on the trades directory or on the business register. » ;
2° Section 5 I is replaced by the following provisions:
"I. ― A fine of € 7,500 is punishable by the practice of hairdresser in ignorance of the provisions of articles 3 and 3-1. »
The above-mentioned Act of 5 July 1996 is amended as follows:
1° Section 17 is replaced by the following:
"Art. 17.-To settle in France, a professional national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area must meet the conditions set out in I of Article 16.
"The conditions for the application of this article are defined by decree in the Council of State. » ;
2° After Article 17, an article 17-1 is inserted as follows:
"Art. 17-1.-I. ― A professional wishing to exercise one of the activities mentioned in I of Article 16 which is a national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area may exercise in France, on a temporary and occasional basis, the effective and permanent control of one of the activities referred to in I of the same Article, subject to being legally established in one of these States to exercise the same activity.
"However, when this activity or training in it is not regulated in the State of establishment, it must also have exercised it in that State for at least two years in the ten years preceding the performance it intends to achieve in France.
"The professional meeting these conditions is exempted from registration requirements on the trades directory or on the business register.
“II. ― In addition, prior to his first performance in France, the professional referred to in I shall inform the competent authority, by a written statement, when he wishes to exercise the effective and permanent control of one of the following activities:
« 1° Maintenance and repair of vehicles and machines, excluding cycles;
« 2° The installation, maintenance and repair of networks and equipment using fluids, as well as equipment and equipment for gas supply, building heating and electrical installations;
« 3° The branching;
« 4° Dental prosthetics.
"This written statement is reiterated in the event of material change in the elements of the statement and renewed each year if the interested party plans to carry out this activity during the relevant year.
"The competent authority may conduct an audit of its professional qualifications. In this case, the professional performance is carried out under the title of the Member State.
"III. ― The terms of application of this article are specified by decree in the Council of State. »
After the fifth paragraph of section 2 of the above-mentioned Act of 23 December 1982, a sub-paragraph is inserted:
"To be established in France, a qualified professional from a Member State of the European Community or another State Party to the agreement on the European Economic Area is exempted from following the course provided for in the first paragraph. A decree in the Council of State defines the conditions under which, if the examination of professional qualifications attested by the professional reveals substantial differences with regard to the qualifications required for the management of a craftsmanship, the competent authority may require that the applicant submit to a suitability test or adaptation training, to his or her choice. »
The above-mentioned Act of 31 December 1949 is amended as follows:
I. ― Article 6 is thus restored:
"Art. 6.-I. ― A professional national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area may exercise, on a temporary and occasional basis, the activity of a wine broker subject to being legally established in one of these States to exercise the same activity.
"However, when the activity or training leading to it is not regulated in the State of establishment, it must also have exercised this activity in a Member State of the European Community or in another State Party to the Agreement on the European Economic Area for at least two years in the ten years preceding the performance it intends to achieve in France.
"The provisions of the 6th of Article 2 shall not apply to a professional meeting these conditions.
“II. ― The conditions for the application of this article are defined by decree in the Council of State. »
II. ― Article 7 is thus restored:
"Art. 7.-I. ― To settle in France, a professional national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area must meet the conditions set out in Article 2.
“II. ― The conditions for the application of this article are defined by decree in the Council of State. »
The above-mentioned Act of 31 December 1971 is amended as follows:
I. ― Section 11 is amended as follows:
1° At 2°, the words: "EC Directive No. 89-48 of the Council of European Communities of 21 December 1988" are replaced by the words: "the Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005";
2° The last paragraph is supplemented by the following words: "and which could not invoke the benefit of the regulatory provisions made for the application of Directive 2005/36/EC of 7 September 2005. »
II. ― In the first paragraph of Article 12, in the first paragraph of Article 12-1, in the second paragraph of Article 13, in the third paragraph of Article 21-1, and in the first paragraph of Article 89, the words: "Guideline 89/48/EEC of the Council of the European Communities of 21 December 1988 referred to above" or "EC Directive No. 89-48 of 21 December 1988" or "EC Directive No.
III. ― After the 11th of Article 17, it is inserted a 12th grade as follows:
« 12° To work with the competent authorities of the Member States of the European Community or other States Parties to the Agreement on the European Economic Area to facilitate the implementation of Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications. »
The trade code is thus modified:
I. ― Section L. 321-18 is amended as follows:
1° After the 3°, it is inserted a 4° as follows:
« 4° To work with the competent authorities of the other member states of the European Community or parties to the European Economic Area Agreement to facilitate the application of Directive 2005 / 36 / EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications. » ;
2° In the last paragraph, the words: "or the registration of the declaration of a national of a State referred to in section 2" are deleted.
II. ― Section L. 321-24 is amended as follows:
The last three sentences are replaced by the following phrases: "The statement is made at least one month before the date of the first sale in France. This declaration is renewed once a year if the provider plans to carry out his or her professional activity on an occasional basis during the year in question or in the event of material change in his or her professional situation. »
III. ― Article L. 321-26 is as follows:
"Art.L. 321-26.-To be able to exercise the activity of voluntary sales of public auctions on a temporary and occasional basis, the national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area must justify in the declaration referred to in Article L. 321-24 that he is legally established in one of these States and that he does not exercise any temporary prohibition. However, where such activity or training is not regulated in its state of establishment, the provider must justify having carried out this activity for at least two years in the ten years preceding the benefit. If it is a legal entity, it must justify in the statement that it includes among its leaders, associates or employees a person fulfilling these conditions. »
After section 8 of the above-mentioned Act of 2 January 1970, an article 8-1 is inserted as follows:
"Art. 8-1. - Any national legally established in a Member State of the European Community or in another State Party to the Agreement on the European Economic Area to carry out one of the activities provided for in Article 1 of this Law may exercise this activity on a temporary and occasional basis in France after having made the declaration before the prefect under conditions fixed by decree in the Council of State. However, where the activity concerned or the training therein is not regulated in the State of establishment, the provider must have exercised it in that State for at least two years in the ten years preceding the performance. »
Article L. 212-7 of the Sport Code is amended as follows:
1° After the first preambular paragraph, a second preambular paragraph is inserted:
"These functions may also be exercised temporarily and occasionally by any national legally established in a Member State of the European Community or in another State Party to the Agreement on the European Economic Area. However, where the activity concerned or the training therein is not regulated in the State of establishment, the provider must have exercised it in that State for at least two years in the ten years preceding the performance. » ;
2° In the second paragraph becoming third paragraph, it is inserted after the words: "a decree in the Council of State fixed" the words: "the conditions of application of this article and in particular".
I. ― Section L. 4111-2 of the Public Health Code is amended as follows:
1° In the first paragraph of I bis, the words: "and holders of a degree, certificate or other title obtained in one of these States, in accordance with the Community obligations" are replaced by the words: ", holders of a training title obtained in one of these States and whose professional experience is attested by any means";
2° II is replaced by the following:
“II. ― The competent authority may also, after notice of a commission, composed of professionals, authorize individually to practise the profession of doctor, surgeon-dentist or midwife nationals of a Member State of the European Community or of another State Party to the agreement on the European Economic Area, holder of a training title issued by a third State, and recognized in a State, member or party, other than France, In the event that the examination of professional qualifications certified by this title and based on the relevant professional experience reveals substantial differences with respect to the qualifications required for access to the profession and its exercise in France, the competent authority requires that the interested party submit to a compensation measure that consists, in the choice of the applicant, in a suitability test or in an adaptation course. »
II. ― Section L. 4111-5 of the same code is replaced by the following:
"Art.L. 4111-5.-The doctor, the practitioner of dental art, the person exercising the profession of midwife may use his or her training title in the language of the State which issued it. It is required to include the place and place where it was obtained. The interested person carries the professional title of doctor, surgeon-dentist or midwife. »
III. ― After article L. 4111-7 of the same code, it is added an article L. 4111-8 as follows:
"Art.L. 4111-8.-Sont determined by decree in the Council of State:
« 1° The modalities for the examination of the scientific value of diplomas, certificates and other titles referred to in I of Article L. 4111-2;
« 2° The period in which the commission referred to in I and I bis of Article L. 4111-2 must render an opinion;
« 3° The composition and operation of the commission referred to in II of Article L. 4111-2 and the procedural rules applicable to it and the conditions under which the person concerned is subject to compensation. »
IV. ― Section L. 4112-3 of the same code is amended as follows:
1° The second paragraph is repealed;
2° In the third paragraph, which becomes the second paragraph, the words: "persons other than those mentioned in the preceding paragraph" are replaced by the words: "nationals of third States," and the words: "planned in the first paragraph" are deleted.
V. ― Article L. 4112-7 of the same code is amended as follows:
1° In the first paragraph, the words: "other than France" are deleted and after the words: "executing in France" are inserted the words: "in a temporary and occasional way";
2° The second paragraph is replaced by the following:
"The execution of these acts is subject to a prior statement, which is accompanied by supporting documents, the list of which is fixed by order of the Minister for Health. » ;
3° The third paragraph is replaced by the following:
"The provider must have the language knowledge necessary for the delivery of the service. » ;
4° In the fourth paragraph, the words: "in force in the State where it performs its performance" are replaced by the words: "applicable in France" and the word "remain" is replaced by the word "is";
5° Three sub-items are added:
"When the training title does not receive recognition under sections L. 4131-1, L. 4141-3 and L. 4151-5, the professional qualifications of the service provider are verified prior to the first service delivery. In the event of a substantial difference between the qualifications of the service provider and the training required in France, which would adversely affect public health, the competent authorities ask the provider to demonstrate that it has acquired the missing knowledge and skills, including through compensation measures.
"The doctor, dental practitioner or midwife can use his training title in the language of the state that delivered it to him. It is required to include the place and place where it was obtained.
"The service is performed under the French professional title of doctor, surgeon-dentist or midwife. However, where the training title does not receive recognition under articles L. 4131-1, L. 4141-3 and L. 4151-5 and in the event that the qualifications have not been verified, the performance is performed under the professional title of the State of establishment written in one of the official languages of that State. »
VI. ― After article L. 4112-7 of the same code, it is added an article L. 4112-8 as follows:
"Art.L. 4112-8.-A decree in the Council of State sets out the terms of the declaration and verification of professional qualifications referred to in Article L. 4112-7. »
I. ― Section L. 4131-1 of the Public Health Code is amended as follows:
1° In the first paragraph, the words "graduations, certificates and titles" are replaced by the words "training titles";
2° In the last paragraph, which becomes the third paragraph, the word "annex" is deleted;
3° The 2° is thus modified:
(a) The a is replaced by the following:
“(a) A medical training title issued by one of these States in accordance with the community obligations and on a list prepared by a decree of ministers responsible for higher education and health; »
(b) The b becomes the c and the c becomes the b;
(c) In the new b, the words "graduation, certificate or other title" are replaced by the words "training title", the words "by a member state" are replaced by the words "by a state, member or party" and the words "graduations, certificates and titles" are replaced by the words "training titles";
(d) In the new c, the words: "any diploma, certificate or other title" are replaced by the words: "a training title", the words: "fixed by the decree referred to in a" are replaced by the words: "on the list referred to in a", the words: "of this State" are replaced by the words: "of one of these states" and the words: "graduation, certificate or title" are replaced by the words
(e) Two paragraphs are added:
"(d) A medical training title issued by Czechoslovakia, the Soviet Union or Yugoslavia and sanctioning a medical training not in accordance with community obligations, if accompanied by a certificate certifying that it has the same legal value as the training titles issued by the Czech Republic, Slovakia, Estonia, Latvia, Lithuania or Slovenia and a certificate certifying that its course has been issued less,
“e) A medical training title issued by a State, member or party, punishing a medical training acquired in that State prior to the dates on the list referred to in a and not in accordance with the community obligations but allowing the legal exercise of the profession of doctor in the State that issued it, if the doctor justifies having performed in France during the previous five years three consecutive years full-time of hospital functions as an associate hospital assistant, of practitioner »
II. ― After article L. 4131-1 of the same code, an article L. 4131-1-1 is inserted as follows:
"Art.L. 4131-1-1.-The competent authority may, after notice of a commission, composed of professionals, authorize individually to practise the profession of a physician the nationals of a Member State of the European Community or of another State Party to the agreement on the European Economic Area, holders of a training certificate issued by one of these States, not meeting the conditions provided for in article L. 4131-1 but In the event that the examination of professional qualifications certified by this title and based on the relevant professional experience reveals substantial differences with respect to the qualifications required for access to the profession and its exercise in France, the competent authority requires that the interested party submit to a compensation measure that consists, in the choice of the applicant, in a suitability test or in an adaptation course. »
III. ― Section L. 4131-4-1 of the same code is repealed.
IV. ― At the same code, Article L. 4131-7 becomes Article L. 4131-6; Article L. 4131-6 becomes Article L. 4131-7 and is amended as follows:
1° At 1°, the words: "Students" are replaced by the words: "The conditions in which students";
2° At 2°, the words: "Registrants" are replaced by the words: "The conditions in which the holders";
3° In 3°, the words: "Nationals" are replaced by the words: "The conditions in which nationals" and the word: "degree" are replaced by the words: "training title";
4° It is added a 4° as follows:
« 4° The composition and operation of the commission referred to in Article L. 4131-1-1 as well as the rules of procedure applicable to it and the conditions under which the individual is subject to compensation. »
I. ― In article L. 4141-1 of the Public Health Code, the words: "according to" are replaced by the words: "in respect of".
II. ― Section L. 4141-3 of the same code is amended as follows:
1° In the first paragraph, the words "graduations, certificates and titles" are replaced by the words "training titles";
2° The 3° is thus modified:
(a) In a, the words: "degree, certificate or other title" are replaced by the words: "training title" and the words: "or those resulting from the agreement on the European Economic Area" are deleted;
(b) In c, which becomes b, the words "degree, certificate or other title" are replaced by the words "training title" and the words "by a Member State" are replaced by the words "by a State, member or party,"
(c) In b, become the c, the words "any diploma, certificate or other title" are replaced by the words "a training title", the words "fixed by the decree mentioned in a" are replaced by the words "on the list mentioned in a", the words "of this State" are replaced by the words "of one of these states", the words "certificate, certificate or title" are replaced
(d) Three sub-items are added:
"(d) A training title of dental practitioner issued by the Soviet Union or Yugoslavia and sanctioning a training of dental practitioner not in accordance with community obligations, if accompanied by a certificate certifying that he has the same legal value as the training titles issued by Estonia, Latvia, Lithuania or Slovenia and a certificate certifying that his or her less active state has been given,
“e) A title of training as a dental practitioner issued by a State, member or party, punishing a training of dental practitioner acquired in that State prior to the dates on the list mentioned in the a and not in accordance with the community obligations but allowing the profession of dental practitioner in the State that issued it, if the practitioner of the dental arts justifies having performed five years in France
“(f) A medical training title issued in Italy, Spain, Austria, the Czech Republic, Slovakia and Romania for periods fixed by decree of ministers responsible for higher education and health, if accompanied by a certificate from the competent authorities of that State certifying that it is entitled in this State to the exercise of the profession of dental art practitioner. »
III. ― Section L. 4141-3-1 of the same code is replaced by the following:
"Art.L. 4141-3-1.-The competent authority may, after notice of a commission, composed of professionals, authorize individually to practise the profession of surgeon-dentist the nationals of a Member State of the European Community or of another State Party to the agreement on the European Economic Area, holders of a training certificate issued by one of these States, not meeting the conditions provided for in Article L. 41-3. In the event that the examination of professional qualifications certified by this title and based on the relevant professional experience reveals substantial differences with respect to the qualifications required for access to the profession and its exercise in France, the competent authority requires that the interested party submit to a compensation measure that consists, in the choice of the applicant, in a suitability test or in an adaptation course. »
IV. ― After article L. 4141-5 of the same code, it is added an article L. 4141-6 as follows:
"Art.L. 4141-6.-The terms and conditions of application of this chapter shall, as appropriate, be determined by decree in the Council of State, including:
« 1° The conditions and conditions under which the medical training titles mentioned in the f of the 3rd of Article L. 4141-3 are entitled to exercise the profession of surgeon-dentist;
« 2° The composition and operation of the commission referred to in Article L. 4141-3-1 and the rules of procedure applicable to it and the conditions under which the individual is subject to compensation. »
I. ― Section L. 4151-5 of the Public Health Code is amended as follows:
1° In the first paragraph, the words "graduations, certificates and titles" are replaced by the words "training titles";
2° The 2° is thus modified:
(a) In a, the words: "degree, certificate or other title" are replaced by the words: "training title", the words: "or those resulting from the agreement on the European Economic Area" are deleted, the words: "interministerial order" are replaced by the words: "decision of ministers responsible for higher education and health" and the last sentence is deleted;
(b) The d becomes the b, the b becomes the c and the c becomes the d;
(c) In the new b, the words "graduation, certificate or other title" are replaced by the words "training title" and the words "by a Member State" are replaced by the words "by a State, member or party,"
(d) The new c is replaced by the following:
"(c) A midwife training title issued by one of these States in accordance with community obligations, not included in the list referred to in a and unaccompanied to the attestation required, if a State, member or party, certifies that the person concerned has effectively devoted himself to the activities of midwife for at least two consecutive years in the five years preceding the issuance of the certificate; »
(e) Again, the words: "any diploma, certificate or title" are replaced by the words: "a training title", the words: "fixed by the decree mentioned in a" are replaced by the words: "on the list mentioned in a", the words: "if this state" are replaced by the words: "if one of these states" and after the words: "three years" is inserted the word: "seen"
3° After the d, three subparagraphs are added:
“e) A midwife training title issued by Czechoslovakia, the Soviet Union or Yugoslavia and sanctioning a formation of midwife not in accordance with community obligations, if accompanied by a certificate certifying that it has the same legal value as the training titles issued by the Czech Republic, Slovakia, Estonia, Latvia, Lithuania or Slovenia, and a certificate certifying that it is less
“(f) A midwife training title issued by Poland or Romania prior to the dates on the list referred to in a and not in accordance with community obligations if the State certifies that the person concerned has effectively and lawfully devoted himself to the activities of midwife for at least five consecutive years in the seven years preceding the issuance of this certificate.
"The list of certificates to accompany the training titles is set by decree of ministers responsible for higher education and health. »
II. ― After article L. 4151-5 of the same code, an article L. 4151-5-1 is inserted as follows:
"Art.L. 4151-5-1.-The competent authority may, after notice of a commission, composed especially of professionals, authorize individually to practise the profession of midwife nationals of a Member State of the European Community or of another State Party to the agreement on the European Economic Area, holders of a training title issued by one of these States, not wisely meeting the conditions provided for in Article L-5.51 In the event that the examination of professional qualifications certified by this title and based on the relevant professional experience reveals substantial differences with respect to the qualifications required for access to the profession and its exercise in France, the competent authority requires that the interested party submit to a compensation measure that consists, in the choice of the applicant, in a suitability test or in an adaptation course. »
III. ― After article L. 4151-9 of the same code, it is added an article L. 4151-10 as follows:
"Art.L. 4151-10.-A decree in the Council of State sets out the composition and operation of the commission referred to in Article L. 4151-5-1 and the rules of procedure applicable to it and the conditions under which the person concerned is subject to compensation. »
I. ― Section L. 4221-4 of the Public Health Code is replaced by the following:
"Art.L. 4221-4.-Right to exercise the profession of pharmacist to nationals of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area:
« 1° A pharmacist training title issued by one of these States in accordance with the community obligations and on a list prepared by decree of ministers responsible for higher education and health;
« 2° A pharmacist training title issued by one of these States in accordance with the Community obligations, not listed in the 1° list, if accompanied by a certificate from that State certifying that it shall sanction training in accordance with these obligations and that it shall be assimilated, by it, to the training titles on this list. »
II. – Section L. 4221-5 of the same code is replaced by the following:
"Art.L. 4221-5.-Right to exercise the profession of pharmacist to nationals of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area:
« 1° A pharmacist's training title that punishes a course acquired in one of these States prior to the dates on the list referred to in article L. 4221-4 and not in accordance with community obligations, if this title is accompanied by a certificate from one of these states certifying that the pharmacist's activities have been effectively and lawful for at least three consecutive years in the five years preceding the issuance of the certificate;
« 2° A pharmacist training title issued by a State, member or party, punishing a pharmacist training acquired in that State prior to the dates on the list mentioned in article L. 4221-4 and not in accordance with the community obligations but allowing to legally exercise the pharmacist profession in the State that issued it, if the pharmacist justifies having carried out in France during the previous five years three consecutive years with full-time hospital functions »
III. Sections L. 4221-7 and L. 4221-8 of the same code are repealed.
IV. ― Section L. 4221-9 of the same code is replaced by the following:
"Art.L. 4221-9.-The competent authority may, after the advice of the Conseil supérieur de la pharmacie, authorize individually to practise the profession of pharmacist of nationals of a State other than the Member States of the European Community or the States parties to the agreement on the European Economic Area, holders of a training title obtained in one of these States and whose professional experience is attested by any means. »
V. ― Section L. 4221-14 of the same code is replaced by the following provisions:
"Art.L. 4221-14.-The pharmacist may use his training title in the language of the State which delivered it to him. It is required to include the place and place where it was obtained. »
VI. ― Section L. 4221-14-1 of the same code is replaced by the following:
"Art.L. 4221-14-1.-The competent authority may, after notice of a commission, composed of professionals, authorize individually to practise the profession of pharmacist the nationals of a Member State of the European Community or another State Party to the agreement on the European Economic Area, holders of a training certificate issued by one of these States, not meeting the conditions provided for in articles L. 4221-5 and L. In the event that the examination of professional qualifications certified by this title and based on the relevant professional experience reveals substantial differences with respect to the qualifications required for access to the profession and its exercise in France, the competent authority requires that the interested party submit to a compensation measure that consists, in the choice of the applicant, in a suitability test or in an adaptation course. »
VII. ― Section L. 4221-14-2 of the same code is replaced by the following:
"Art.L. 4221-14-2.-The competent authority may also, after notice of a commission, composed of professionals, authorize individually to practise the profession of pharmacist the nationals of a Member State of the European Community or of another State Party to the agreement on the European Economic Area, holders of a training certificate issued by a third State, and recognized in a State, member or party, other than France, which allows to exercise In the event that the examination of professional qualifications certified by this title and based on the relevant professional experience reveals substantial differences with respect to the qualifications required for access to the profession and its exercise in France, the competent authority requires that the interested party submit to a compensation measure that consists, in the choice of the applicant, in a suitability test or in an adaptation course. »
VIII. ― After article L. 4221-19 of the same code, it is added an article L. 4221-20 as follows:
"Art.L. 4221-20.-Sont determined by decree in the Council of State:
« 1° The procedure for examining the scientific value of diplomas, certificates and other titles referred to in Article L. 4221-12;
« 2° The period in which the commission referred to in Article L. 4221-12 must render an opinion;
« 3° The composition and operation of the commission referred to in articles L. 4221-14-1 and L. 4221-14-2 and the procedural rules applicable to it and the conditions under which the individual is subject to compensation. »
IX. ∙ Section L. 4222-3 of the same code is amended as follows:
1° In the first paragraph, the words "in section B, C, D or G" are replaced by the words "in section B, C, D, G or H";
2° The second paragraph is repealed;
3° In the third paragraph, which becomes the second paragraph, the words: "persons other than those mentioned in the preceding paragraph" are replaced by the words: "nationals of third States", and the words: "initial three months fixed in the first paragraph" are deleted.
X. ― In article L. 4222-9 of the same code that becomes article L. 4222-10, after the words: "Pharmacists referred to in article L. 5143-2" are added the words: ", as well as the terms of the pre-report and verification of professional qualifications referred to in article L. 4222-9. »
XI. ― Section L. 4222-9 is as follows:
"Art.L. 4222-9.-The pharmacist who is a national of a State, a member of the European Community or a party to the agreement on the European Economic Area, which is legally established and exercises the activities of pharmacist in a State, member or party, may execute in France, temporarily and occasionally, acts of its profession, without being registered in the table of order.
"The execution of these acts is subject to a prior statement which is accompanied by supporting documents whose list is fixed by order of the Minister for Health.
"The provider must have the language knowledge necessary for the delivery of the service.
"The provider is obliged to respect the professional rules applicable in France and is subject to disciplinary jurisdiction.
"When the training title does not receive recognition under sections L. 4221-4 and L. 4221-5, the professional qualifications of the service provider are verified prior to the first service delivery. In the event of a substantial difference between the qualifications of the service provider and the training required in France, which would adversely affect public health, the competent authorities ask the provider to demonstrate that it has acquired the missing knowledge and skills, including through compensation measures.
"The service provider can make use of its training title in the language of the State which has issued it. It is required to include the place and place where it was obtained. »
I. ― After article L. 6221-2 of the Public Health Code, an article L. 6221-2-1 is inserted as follows:
"Art.L. 6221-2-1.-The competent authority may, after notice of a commission, including professionals, authorize individually to perform the functions of Director or Assistant Director of Medical Biology Analysis Laboratory, nationals of a Member State of the European Community or another State Party to the Agreement on the European Economic Area that do not possess the required diplomas and certificates but who, after having successfully completed a post-graduate degree
« 1° a training certificate issued by the competent authorities of a State, a member or a party, which regulates access to or exercise of such functions, and allowing them to legally exercise such functions in that State;
« 2° Or a training title issued by the competent authorities of a State, member or party, which does not regulate access to or exercise of these functions. The Contracting Party shall provide a certificate from the competent authorities of that State certifying its preparation for these functions and justifying their full-time exercise for two years in the last ten years in that State;
« 3° Or a training title issued by a third State and recognized in a State, member or party, other than France, allowing for the legal exercise of these functions and in which the individual has acquired a relevant professional experience, which he attests by any means;
"In these cases, when the examination of professional qualifications certified by this title and based on the relevant professional experience reveals substantial differences with respect to the qualifications required for access to these functions and their exercise in France, the competent authority requires that the interested party submit to a compensation measure that, at the applicant's choice, consists of a fitness test or an adaptation course.
"The authorization may be limited to the functions of director or deputy director of a laboratory specialized in the execution of certain acts pursuant to the provisions of the third paragraph of section L. 6211-2.
"The modalities for the application of this article are determined by decree in the Council of State. »
II. ― After article L. 6221-11 of the same code, an article L. 6221-11-1 is inserted as follows:
"Art.L. 6221-11-1.-The Deputy Director or Laboratory Director of Medical Biology Analysis from a State, a member of the European Community or a party to the Agreement on the European Economic Area, which is legally established and exercises the functions of Director or Deputy Director of Medical Biology Analysis Laboratory in a State, member or party, may perform in France, on a temporary and occasional basis, acts relating to its activities,
"When the exercise or training leading to these functions is not regulated in the State in which it is established, the provider must justify having exercised it for two years in the preceding ten years.
"The delivery of the service delivery is subject to a prior statement, which is accompanied by supporting documents, the list of which is set by order of the Minister for Health.
"The provider must have the language knowledge necessary for the delivery of the service.
"The Director or Assistant Director of Laboratory, Service Provider, is required to comply with the professional rules applicable in France and is subject to the competent disciplinary jurisdiction or the courts of the judiciary.
"The professional qualifications of the provider are verified before the first service delivery. In the event of a substantial difference between the qualifications of the service provider and the training required in France, which would adversely affect public health, the competent authorities ask the provider to demonstrate that it has acquired the missing knowledge and skills, including through compensation measures.
"The service provider can make use of its training title in the language of the State which has issued it. It is required to include the place and place where it was obtained.
"The modalities for the application of this article are determined by decree in the Council of State. »
I. ― The title IV of Book II of Part IV of the Public Health Code is replaced by the following title: "Part IV. ― Professions of preparator in pharmacy and preparator in hospital pharmacy".
II. — Chapter I of the same title is amended:
1° The title of the chapter is replaced by the following title: "Chapter I. - Exercise of professions;
2° Articles L. 4241-6 and L. 4241-7 of the Public Health Code, respectively, become articles L. 4241-5 and L. 4241-6 and L. 4241-6, respectively, the reference to article L. 4241-6 is replaced by the reference to article L. 4241-5;
3° It is restored to the same code an article L. 4241-7 as follows:
"Art.L. 4241-7.-The competent authority may, after notice of a commission made up of professionals, authorize individually to practise the profession of pharmacy preparer, nationals of a Member State of the European Community or of another State Party to the agreement on the European Economic Area that have successfully completed a cycle of secondary education and which, without having the degree provided for in Article L. 4241-4, are holders.
« 1° a training certificate issued by the competent authority of a State, a member or a party, which regulates access to that profession or exercise, and permitting the legal exercise of such functions in that State;
« 2° Or a training title issued by the competent authority of a State, member or party, which does not regulate access to that profession or exercise. The persons concerned shall provide a certificate from the competent authority of that State certifying their preparation for that profession and justify its full-time exercise for two years in the last ten years in that State or their part-time exercise for a corresponding period of time;
« 3° Or a training title issued by a third State and recognized in a State, member or party, other than France, allowing the profession to be legally practised and in which the individual acquired a relevant professional experience, which he attests by any means.
"In these cases, when the examination of professional qualifications certified by this title and based on the relevant professional experience reveals substantial differences with respect to the qualifications required for access to the profession and its exercise in France, the competent authority requires that the interested party submit to a compensation measure that, at the applicant's choice, consists of a fitness test or an adaptation course.
"The issuance of the exercise authorization allows the beneficiary to practise the profession under the same conditions as the graduates referred to in section L. 4241-4. » ;
4° Section L. 4241-8 of the same code is replaced by the following provisions:
"Art.L. 4241-8.-The pharmacy preparer may use his training title in the language of the State which has granted him. It is required to include the place and place where it was obtained.
"The pharmacy preparer operates under the French professional title. » ;
5° Section L. 4241-9 of the same code is repealed;
6° Articles L. 4241-10 and L. 4241-11 of the same code become articles L. 4241-9 and L. 4241-10 respectively;
7° It is added to the same code an article L. 4241-11 as follows:
"Art.L. 4241-11.-The pharmacy preparer, a national of a Member State of the European Community or of another State Party to the agreement on the European Economic Area, which is established and legally exercises the activities of pharmacy preparer in a State, member or party, may perform professional acts in France on a temporary and occasional basis.
"When the exercise or training leading to the profession is not regulated in the State in which it is established, the service provider must justify having exercised it for at least two years in the preceding ten years.
"The service provider is subject to the rules relating to the conditions of practice of the profession, the use of the professional title and the professional, ethical and disciplinary rules applicable to the profession.
"The execution of these acts is subject to a prior written statement, established in the language of the host Member State, during the first performance or in case of material change in the situation of the provider.
"The professional qualifications of the service provider are verified by the competent authority after notice of a commission composed of professionals before the first service delivery. In the event of a substantial difference between the qualifications of the provider and the training required in France, which would adversely affect public health, the competent authority asks the provider to demonstrate that it has acquired the missing knowledge and skills, in particular through compensation measures.
"The service provider can make use of its training title in the language of the State which has issued it. It is required to include the place and place where it was obtained.
"The provision of services is carried out under the professional title of the State of establishment written in one of the official languages of that State. However, in the event that qualifications have been verified, service delivery is performed under the French professional title. » ;
8° Section L. 4241-12 of the same code is replaced by the following provisions:
"Art.L. 4241-12.-The pharmacy preparer, when issuing the ministerial authorization for the exercise, and the service provider, at the time of his statement, must possess the language knowledge necessary for the exercise of the profession and those relating to the weight systems and measures used in France. » ;
9° Articles L. 4241-13 to L. 4241-18 of the same code are added:
"Art.L. 4241-13.-Is qualified as a preparator in hospital pharmacy in public health institutions any person who holds the preparator degree in hospital pharmacy defined by decree taken by the Minister for Health.
"Hospital pharmacy preparers are allowed to assist the pharmacist responsible for the stewardship of the pharmacist for internal use, as well as pharmacists who assist the pharmacist in the management, supply, delivery and preparation of the drugs, products and objects mentioned in section L. 4211-1 as well as sterile medical devices. They perform their duties under the responsibility and effective control of a pharmacist.
"Art.L. 4241-14.-The competent authority may, after notice of a commission made up of professionals, authorize individually to practise the profession of preparator in hospital pharmacy, nationals of a Member State of the European Community or of another State Party to the agreement on the European Economic Area that have successfully followed a cycle of post-secondary education and which, without having the degree provided for in Article L, 42-13 shall be granted.
« 1° a training certificate issued by the competent authority of a State, a member or a party, which regulates access to that profession or exercise, and permitting the legal exercise of such functions in that State;
« 2° Or a training title issued by the competent authority of a State, member or party, which does not regulate access to that profession or exercise. The persons concerned shall provide a certificate from the competent authority of that State certifying their preparation for that profession and justify its full-time exercise for two years in the last ten years in that State or their part-time exercise for a corresponding period of time;
« 3° Or a training title issued by a third State and recognized in a State, member or party, other than France, allowing the profession to be legally practised and in which the individual acquired a relevant professional experience, which he attests by any means.
"In these cases, when the examination of professional qualifications certified by this title and based on the relevant professional experience reveals substantial differences with respect to the qualifications required for access to the profession and its exercise in France, the competent authority requires that the interested party submit to a compensation measure that, at the option of the latter, consists of a fitness test or an adaptation course.
"The issuance of the exercise authorization allows the beneficiary to practise the profession under the same conditions as the graduates referred to in section L. 4241-13.
"Art.L. 4241-15.-The preparator in hospital pharmacy may use his training title in the language of the State which delivered him. It is required to include the place and place where it was obtained.
"The hospital pharmacy preparer operates under the French professional title.
"Art.L. 4241-16.-The preparer in hospital pharmacy, a national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area which is established and legally exercises the activities of preparer in hospital pharmacy in a State, member or party, may perform professional acts in France on a temporary and occasional basis.
"When the exercise or training leading to the profession is not regulated in the State in which it is established, the provider must justify having exercised it for at least two years in the preceding ten years.
"The service provider is subject to the rules relating to the conditions of practice of the profession, the use of the professional title and the professional, ethical and disciplinary rules applicable to the profession.
"The execution of these acts is subject to a written statement in advance, prepared in French, during the first performance or in the event of material change in the provider's situation.
"The professional qualifications of the provider are verified before the first service delivery. In the event of a substantial difference between the qualifications of the service provider and the training required in France, which would adversely affect public health, the competent authority requests the provider to demonstrate that it has acquired the missing knowledge and skills, including by means of compensation measures.
"The service provider can make use of its training title in the language of the State which has issued it. It is required to include the place and place where it was obtained.
"The provision of services is carried out under the professional title of the State of establishment written in one of the official languages of that State. However, in the event that qualifications have been verified, service delivery is performed under the French professional title.
"Art.L. 4241-17.-The preparer in hospital pharmacy, at the time of issuance of the exercise authorization, and the service provider, at the time of his statement, must have the language knowledge necessary for the exercise of the profession and those relating to the weight systems and measures used in France.
"Art.L. 4241-18. - The terms and conditions for the application of this chapter shall be set, as necessary and unless otherwise provided, by decree in the Council of State, including those of articles L. 4241-6, L. 4241-7, L. 4241-8, L. 4241-11, L. 4241-12, L. 4241-14, L. 4241-15, L. 4241-16 and L. 4241-17. »
I. ― Section L. 4311-3 of the Public Health Code is replaced by the following:
"Art.L. 4311-3.-The training titles required under section L. 4311-2 are for the exercise of the nursing profession responsible for general care:
« 1° Either the French diploma of a nurse or a nurse;
« 2° Either, if the individual is a national of a Member State of the European Community or another State Party to the Agreement on the European Economic Area:
“(a) A training title for a nurse in charge of general care issued by one of these States in accordance with community obligations and listed by order of the Minister for Health;
“(b) Or a training title for a nurse in charge of general care issued by a State, member or party, in accordance with the community obligations, not listed in a, if accompanied by a certificate from that State certifying that he or she shall sanction a training in accordance with these obligations and that he or she shall be assimilated, by him, to the training titles on this list;
"(c) Or a title for the training of a nurse in charge of general care issued by a State, member or party, punishing a nurse in charge of general care acquired in that State prior to the dates on the list mentioned in a and not in accordance with the community obligations, if accompanied by a certificate from one of these states certifying that the holder of the training title has effectively devoted himself or herself to the activities of a certificate less
"(d) Or a training title for nurses responsible for general care delivered by Czechoslovakia, the Soviet Union or Yugoslavia and sanctioning a training of nurses responsible for general care not in accordance with community obligations, if accompanied by a certificate certifying that he has the same legal value as the training titles issued by the Czech Republic, Slovakia, Estonia, Latvia, Lithuania or Slovenia
"The exercise authorization shall be issued by the competent authority after notice of a commission composed of professionals for the cases referred to in c and d.The nurse or nurse referred to in c and shall demonstrate that these activities have been fully responsible for nursing to patients;
« 3° Either the degree of nurse or nurse issued by the University School of Nurses of the Principality of Andorra. »
II. ― Section L. 4311-4 of the same code is replaced by the following:
"Art.L. 4311-4.-The competent authority may, after notice of a commission made up of professionals, authorize the occupation of a nurse or nurse to the nationals of a Member State of the European Community or another State Party to the Agreement on the European Economic Area, which, without having a training title provided for in Article L. 4311-3, shall hold:
« 1° From a post-secondary training title to legally practise the profession in one of these states;
« 2° Or a post-secondary training title issued by a third State and recognized in a State, member or party, other than France, allowing the profession to be legally practised and in which the person concerned has acquired a relevant professional experience attested by any means.
"In these cases, when the examination of professional qualifications certified by this title and based on the relevant professional experience reveals substantial differences with respect to the qualifications required for access to the profession and its exercise in France, the competent authority requires that the interested party submit to a compensation measure that, at the applicant's choice, consists of a fitness test or an adaptation course.
"The issuance of the exercise authorization allows the recipient to practise the nursing profession under the same conditions as the graduates referred to in section L. 4311-3. »
III. ― Section L. 4311-8 of the same code is replaced by the following:
"Art.L. 4311-8.-The nurse or nurse may use his or her training title in the language of the State that delivered it. He or she is required to include the place and place where he or she obtained it.
"The individual is a professional nurse or nurse. »
IV. — The fifth paragraph of section L. 4311-15 is repealed.
V. ― Section L. 4311-17 of the same code is replaced by the following provisions:
"Art.L. 4311-17.-The nurse who requests registration in the table must have the language knowledge necessary for the exercise of the profession and those relating to weight systems and measures used in France. »
VI. ― Section L. 4311-22 of the same code is replaced by the following:
"Art.L. 4311-22.-The nurse or nurse, a national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area, which is established and legally exercises the activities of a nurse responsible for general care in a State, member or party, may perform professional acts in France, on a temporary and occasional basis, without having to carry out the formalities set out in Article 4311-15.
"The service provider is subject to the rules relating to the conditions of practice of the profession, the use of the professional title and the professional, ethical and disciplinary rules applicable to the profession.
"The execution of these acts is subject to a written statement in advance, prepared in French, during the first performance or in the event of material change in the provider's situation.
"The service provider must have the language knowledge necessary for the delivery of the service and those relating to weight systems and measures used in France.
"When the training title does not receive recognition under section L. 4311-3, the professional qualifications of the service provider are verified before the first service delivery. In the event of a substantial difference between the qualifications of the service provider and the training required in France, which would adversely affect public health, the competent authority requests the provider to demonstrate that it has acquired the missing knowledge and skills, including by means of compensation measures.
"The nurse or nurse can use his training title in the language of the state that delivered it to him. It (or it) is required to include the place and place where it was obtained.
"The benefit is performed under the French professional title of nurse or nurse. However, where the training title does not benefit from recognition under Article L. 4311-3 and in the event that the qualifications have not been verified, the performance is carried out under the professional title of the Member State of establishment written in one of the official languages of that State.
"The statement specifies, if any, that it relates to the exercise of the specialty of anaesthetic nurse, operating block nurse or nurse nurse. »
I. ― Section L. 4321-4 of the Public Health Code is replaced by the following:
"Art.L. 4321-4.-The competent authority may, after notice of a commission made up of professionals, authorize the exercise of the profession of masseur-kinesitherapist to nationals of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area that have successfully followed a cycle of post-secondary education and which, without having the degree provided for in Article L. 4321-3, are holders
« 1° a training certificate issued by the competent authority of a State, a member or a party, which regulates access to that profession or exercise, and which permits the legal exercise of that profession in that State;
« 2° Or a training title issued by the competent authority of a State, member or party, which does not regulate access to that profession or exercise. The persons concerned shall provide a certificate from the competent authority of that State certifying their preparation for that profession and justify its full-time exercise for two years in the last ten years in that State or their part-time exercise for a corresponding period of time;
« 3° Or a training title issued by a third State and recognized in a State, member or party, other than France, allowing the profession to be legally practised and in which the individual acquired a relevant professional experience, which he attests by any means.
"In these cases, when the examination of professional qualifications certified by this title and based on the relevant professional experience reveals substantial differences with respect to the qualifications required for access to the profession and its exercise in France, the competent authority requires that the interested party submit to a compensation measure that, at the applicant's choice, consists of a fitness test or an adaptation course.
"The issuance of the exercise authorization allows the beneficiary to practise the profession under the same conditions as those who hold the degree referred to in section L. 4321-3. »
II. ― Section L. 4321-8 of the same code is replaced by the following:
"Art.L. 4321-8.-The masseur-kinesitherapist may use his training title in the language of the State which delivered him. It is required to include the place and place where it was obtained.
"The masseur-kinesitherapist performs his activity under the professional title of masseur-kinesitherapist, medical gymnast or masseur, accompanied or not by a qualification. »
III. ― Section L. 4321-9 of the same code is replaced by the following:
"Art.L. 4321-9.-The masseur-kinesitherapist who requests his registration in the table and the service provider, during his statement, must possess the language knowledge necessary for the exercise of the profession and those relating to weight systems and measures used in France. »
IV. – The sixth paragraph of section L. 4321-10 of the same code is replaced by the following:
"The decisions referred to in articles L. 4311-16 and L. 4311-18 are taken by the departmental council of the order of the masseurs-kinésitherapists under the conditions and in the manner specified in these articles. The provisions of sections L. 4311-26 and L. 4311-27 are applicable to the Kneetherapists. »
V. ― It is inserted in the same code an article L. 4321-11 as follows:
"Art.L. 4321-11.-The masseur-kinesitherapist, a national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area, which is established and legally exercises the activities of masseur-kinesitherapist in a State, member or party, may perform professional acts in France, on a temporary and occasional basis, without having to proceed with the formalities provided for in Article 1021.
"When the exercise or training leading to the profession is not regulated in the State in which it is established, the service provider must justify having exercised it for at least two years in the preceding ten years.
"The service provider is subject to the rules relating to the conditions of practice of the profession, the use of the professional title and the professional, ethical and disciplinary rules applicable to the profession.
"The execution of these acts is subject to a pre-written statement made in French, during the first performance or in the event of material change in the provider's situation.
"The professional qualifications of the provider are verified before the first service delivery. In the event of a substantial difference between the qualifications of the service provider and the training required in France, which would adversely affect public health, the competent authority requests the provider to demonstrate that it has acquired the missing knowledge and skills, including by means of compensation measures.
"The service provider can make use of its training title in the language of the State which has issued it. It is required to include the place and place where it was obtained.
"The provision of services is carried out under the professional title of the State of establishment written in one of the official languages of that State. However, in the event that qualifications have been verified, service delivery is performed under the French professional title. »
I. ― Section L. 4322-2 of the Public Health Code is amended as follows:
1° The fourth preambular paragraph is replaced by the following:
"The decisions referred to in sections L. 4311-16 and L. 4311-18 are taken by the Regional Council for the Order of Pedicures-podologists under the conditions and in the manner specified in these sections. The provisions of articles L. 4311-26 and L. 4311-27 are applicable to pedicures-podologists. » ;
2° Before the last preambular paragraph, a subparagraph shall read:
"The pedicure-podologist who requests his registration in the table and the service provider, at the time of his statement, must have the language knowledge necessary for the exercise of the profession and those relating to weight systems and measures used in France. »
II. ― It is inserted in the same code an article L. 4322-2-1 as follows:
"Art.L. 4322-2-1.-Pedicure-podologist may use his training title in the language of the State which delivered him. It is required to include the place and place where it was obtained.
"Pedicure-podologist operates under the French professional title. »
III. ― Section L. 4322-4 of the same code is replaced by the following:
"Art.L. 4322-4.-The competent authority may, after notice of a commission made up of professionals in particular, authorize the occupation of pedicure-podologist to the nationals of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area, which successfully followed a cycle of post-secondary education and which, without having the degree provided for in Article L. 4322-3
« 1° a training certificate issued by the competent authority of a State, a member or a party, which regulates access to that profession or exercise, and permitting the legal exercise of such functions in that State;
« 2° Or a training title issued by the competent authority of a State, member or party, which does not regulate access to that profession or exercise. The persons concerned shall provide a certificate from the competent authority of that State certifying their preparation for that profession and justify its full-time exercise for two years in the last ten years in that State or their part-time exercise for a corresponding period of time;
« 3° Or a training title issued by a third State and recognized in a State, member or party, other than France, allowing the profession to be legally practised and in which the individual acquired a relevant professional experience, which he attests by any means.
"In these cases, when the examination of professional qualifications certified by this title and based on the relevant professional experience reveals substantial differences with respect to the qualifications required for the access and exercise of the profession in France, the competent authority requires that the interested party submit to a compensation measure that, at the applicant's choice, consists of a fitness test or an adaptation course.
"The issuance of the exercise authorization allows the beneficiary to practise the profession under the same conditions as those who hold the degree referred to in section L. 4322-3. »
IV. ― It is created in the same code an article L. 4322-15 as follows:
"Art.L. 4322-15.-Pedicure-podologist, a national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area, which is established and legally exercises the activities of pedicure-podologist in a State, member or party, may perform professional acts in France, on a temporary and occasional basis, without having to proceed with the formalities provided for in Article-2.
"When the exercise or training leading to the profession is not regulated in the State in which it is established, the service provider must justify having exercised it for at least two years in the preceding ten years.
"The service provider is subject to the rules relating to the conditions of practice of the profession, the use of the professional title and the professional, ethical and disciplinary rules applicable to the profession.
"The execution of these acts is subject to a written statement in advance, prepared in French, during the first performance or in the event of material change in the provider's situation.
"The professional qualifications of the provider are verified before the first service delivery. In the event of a substantial difference between the qualifications of the provider and the training required in France, which would adversely affect public health, the competent authority asks the provider to demonstrate that it has acquired the missing knowledge and skills, in particular through compensation measures.
"The service provider can make use of its training title in the language of the State which has issued it. It is required to include the place and place where it was obtained.
"The provision of services is carried out under the professional title of the State of establishment written in one of the official languages of that State. However, in the event that qualifications have been verified, service delivery is performed under the French professional title. »
I. ― Section L. 4331-2 of the Public Health Code is supplemented by a paragraph to read:
"The occupational therapist can make use of his training title in the language of the state that delivered it to him. It is required to include the place and place where it was obtained. The occupational therapist operates under the French professional title."
II. ― Section L. 4331-4 is replaced by the following:
"Art.L. 4331-4.-The competent authority may, after notice of a commission made up of professionals, authorize the occupation of occupational therapist to be exercised by nationals of a Member State of the European Community or another State Party to the Agreement on the European Economic Area, who successfully completed a cycle of post-secondary education and who, without having the degree provided for in Article L. 4331-3, are holders:
« 1° a training certificate issued by the competent authority of a State, a member or a party, which regulates access to that profession or exercise, and permitting the legal exercise of such functions in that State;
« 2° Or a training title issued by the competent authority of a State, member or party, which does not regulate access to that profession or exercise. The persons concerned shall provide a certificate from the competent authority of that State certifying their preparation for that profession and justify its full-time exercise for two years in the last ten years in that State or their part-time exercise for a corresponding period of time;
« 3° Or a training title issued by a third State and recognized in a State, member or party, other than France, allowing the profession to be legally practised and in which the individual acquired a relevant professional experience, which he attests by any means.
"In these cases, when the examination of professional qualifications certified by this title and based on the relevant professional experience reveals substantial differences with respect to the qualifications required for the access and exercise of the profession in France, the competent authority requires that the interested party submit to a compensation measure that, at the applicant's choice, consists of a fitness test or an adaptation course.
"The issuance of the exercise authorization allows the beneficiary to practise the profession under the same conditions as those who hold the degree referred to in section L. 4331-3. »
III. ― It is added to the same code an article L. 4331-6 as follows:
"Art.L. 4331-6.-The occupational therapist, a national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area, which is established and legally exercises the activities of aergotherapist in a State, member or party, may perform professional acts in France, on a temporary and occasional basis, without having to make the registration provided for in Article L. 4333-1.
"When the exercise or training leading to the profession is not regulated in the State in which it is established, the service provider must justify having exercised it for at least two years in the preceding ten years.
"The service provider is subject to the rules relating to the conditions of practice of the profession, the use of the professional title and the professional, ethical and disciplinary rules applicable to the profession.
"The execution of these acts is subject to a prior written statement, established in the language of the host Member State, during the first performance or in case of material change in the situation of the provider.
"The professional qualifications of the service provider are verified by the competent authority after notice of a commission composed of professionals before the first service delivery. In the event of a substantial difference between the qualifications of the provider and the training required in France, which would adversely affect public health, the competent authority asks the provider to demonstrate that it has acquired the missing knowledge and skills, in particular through compensation measures.
"The service provider can make use of its training title in the language of the State which has issued it. It is required to include the place and place where it was obtained.
"The provision of services is carried out under the professional title of the State of establishment written in one of the official languages of that State. However, in the event that qualifications have been verified, service delivery is performed under the French professional title. »
I. ― Section L. 4332-2 of the Public Health Code is supplemented by a paragraph to read:
"The psychomotrician can make use of his training title in the language of the State which issued it. It is required to include the place and place where it was obtained. The psychomotrician operates under the French professional title. »
II. ― Section L. 4332-4 of the same code is replaced by the following:
"Art.L. 4332-4.-The competent authority may, after notice of a commission made up of professionals, authorize to practise the profession of psychomotrician nationals of a Member State of the European Community or of another State Party to the agreement on the European Economic Area which have successfully followed a cycle of post-secondary education and which, without having the degree provided for in Article L. 4332-3, are holders:
« 1° a training certificate issued by the competent authority of a State, a member or a party, which regulates access to that profession or exercise, and permitting the legal exercise of such functions in that State;
« 2° Or a training title issued by the competent authority of a State, member or party, which does not regulate access to that profession or exercise. The persons concerned shall provide a certificate from the competent authority of that State certifying their preparation for that profession and justify its full-time exercise for two years in the last ten years in that State or their part-time exercise for a corresponding period of time;
« 3° Or a training title issued by a third State and recognized in a State, member or party, other than France, allowing the profession to be legally practised and in which the individual acquired a relevant professional experience, which he attests by any means.
"In these cases, when the examination of professional qualifications certified by this title and based on the relevant professional experience reveals substantial differences with respect to the qualifications required for the access and exercise of the profession in France, the competent authority requires that the interested party submit to a compensation measure that, at the applicant's choice, consists of a fitness test or an adaptation course.
"The issuance of the exercise authorization allows the beneficiary to practise the profession under the same conditions as the graduates referred to in section L. 4332-3. »
III. ― It is added to the same code an article L. 4332-6 as follows:
"Art.L. 4332-6.-The psychomotrician, a national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area, which is established and legally exercises the activities of psychomotrician in a State, member or party, may perform in France professional acts, temporarily and occasionally, without having to do the registration provided for in Article L. 4333-1.
"When the exercise or training leading to the profession is not regulated in the State in which it is established, the service provider must justify having exercised it for at least two years in the preceding ten years.
"The service provider is subject to the rules relating to the conditions of practice of the profession, the use of the professional title and the professional, ethical and disciplinary rules applicable to the profession.
"The execution of these acts is subject to a written statement in advance, prepared in French, during the first performance or in the event of material change in the provider's situation.
"The professional qualifications of the service provider are verified by the competent authority after notice of a commission composed of professionals before the first service delivery. In the event of a substantial difference between the qualifications of the provider and the training required in France, which would adversely affect public health, the competent authority asks the provider to demonstrate that it has acquired the missing knowledge and skills, in particular through compensation measures.
"The service provider can make use of its training title in the language of the State which has issued it. It is required to include the place and place where it was obtained.
"The provision of services is carried out under the professional title of the State of establishment written in one of the official languages of that State. However, in the event that qualifications have been verified, service delivery is performed under the French professional title. »
IV. ― Before the last paragraph of Article L. 4333-1 of the same code, a paragraph shall be inserted as follows:
"The occupational therapist and psychomotrician, at the time of issuance of the ministerial authorization for exercise, and the service provider, at the time of his statement, must possess the language knowledge necessary for the exercise of the profession and those relating to the weight systems and measures used in France. »
I. ― Section L. 4341-2 of the Public Health Code is amended as follows:
1° The fourth preambular paragraph is replaced by the following:
“The provisions of articles L. 4311-26 and L. 4311-27 are applicable to orthophonists. » ;
2° Before the last preambular paragraph, a subparagraph shall read:
"The orthophonist, when issuing the ministerial authorization for the exercise, and the service provider, at the time of his statement, must have the language knowledge necessary for the exercise of the profession in France. »
II. • It is restored to the same code an article L. 4341-2-1:
"Art.L. 4341-2-1.-The orthophonist may use his training title in the language of the State which delivered him. It is required to include the place and place where it was obtained.
"The orthophonist operates under the French professional title. »
III. ― Section L. 4341-4 of the same code is replaced by the following:
"Art.L. 4341-4.-The competent authority may, after notice of a commission made up of professionals, authorize to practise the profession of orthophonist the nationals of a Member State of the European Community or of another State Party to the agreement on the European Economic Area which have successfully followed a cycle of post-secondary education and which, without having any of the diplomas, certificates or titles provided for in section 4341-3
« 1° a training certificate issued by the competent authority of a State, a member or a party, which regulates access to that profession or exercise, and permitting the legal exercise of such functions in that State;
« 2° Or a training title issued by the competent authority of a State, member or party, which does not regulate access to that profession or exercise. The persons concerned shall provide a certificate from the competent authority of that State certifying their preparation for that profession and justify its full-time exercise for two years in the last ten years in that State or their part-time exercise for a corresponding period of time;
« 3° Or a training title issued by a third State and recognized in a State, member or party, other than France, allowing the profession to be legally practised and in which the individual acquired a relevant professional experience, which he attests by any means.
"In these cases, when the examination of professional qualifications certified by this title and based on the relevant professional experience reveals substantial differences with respect to the qualifications required for the access and exercise of the profession in France, the competent authority requires that the interested party submit to a compensation measure that, at the applicant's choice, consists of a fitness test or an adaptation course.
"The issuance of the exercise authorization allows the beneficiary to practise the profession under the same conditions as persons holding one of the diplomas, certificates or titles referred to in section L. 4341-3. »
IV. ― It is added to the same code an article L. 4341-7 as follows:
"Art.L. 4341-7.-The orthophonist, a national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area which is established and legally exercises the activities of orthophonist in a State, member or party, may perform in France professional acts, temporarily and occasionally, without having to do the registration referred to in Article L. 4341-2.
"When the exercise or training leading to the profession is not regulated in the State in which it is established, the service provider must justify having exercised it for at least two years in the preceding ten years.
"The service provider is subject to the rules relating to the conditions of practice of the profession, the use of the professional title and the professional, ethical and disciplinary rules applicable to the profession.
"The execution of these acts is subject to a written statement in advance, prepared in French, during the first performance or in the event of material change in the provider's situation.
"The professional qualifications of the service provider are verified by the competent authority after notice of a commission composed of professionals before the first service delivery. In the event of a substantial difference between the qualifications of the provider and the training required in France, which would adversely affect public health, the competent authority asks the provider to demonstrate that it has acquired the missing knowledge and skills, in particular through compensation measures.
"The service provider can make use of its training title in the language of the State which has issued it. It is required to include the place and place where it was obtained.
"The provision of services is carried out under the professional title of the State of establishment written in one of the official languages of that State. However, in the event that qualifications have been verified, service delivery is performed under the French professional title. »
I. ― Section L. 4342-2 of the Public Health Code is amended as follows:
1° The fourth preambular paragraph is replaced by the following:
“The provisions of articles L. 4311-26 and L. 4311-27 are applicable to orthoptists. » ;
2° Before the last preambular paragraph, a subparagraph shall read:
"The orthoptist during the issuance of the ministerial authorization for the exercise, and the service provider at the time of his statement, must possess the language knowledge necessary for the exercise of the profession and those relating to the weight systems and measures used in France. »
II. ― It is restored to the same code an article L. 4342-2-1 as follows:
"Art.L. 4342-2-1.-The orthoptist may use his training title in the language of the State which delivered it. It is required to include the place and place where it was obtained.
"The orthoptist operates under the French professional title. »
III. ― Section L. 4342-4 of the same code is replaced by the following:
"Art.L. 4342-4.-The competent authority may, after notice of a commission made up of professionals, authorize to practise the profession of orthoptist the nationals of a Member State of the European Community or of another State Party to the agreement on the European Economic Area which have successfully followed a cycle of post-secondary education and which, without having the certificate provided for in Article L. 4342-3, are holders:
« 1° a training certificate issued by the competent authority of a State, a member or a party, which regulates access to that profession or exercise, and permitting the legal exercise of such functions in that State;
« 2° Or a training title issued by the competent authority of a State, member or party, which does not regulate access to that profession or exercise. The persons concerned shall provide a certificate from the competent authority of that State certifying their preparation for that profession and justify its full-time exercise for two years in the last ten years in that State or their part-time exercise for a corresponding period of time;
« 3° Or a training title issued by a third State and recognized in a State, member or party, other than France, allowing the profession to be legally practised and in which the individual acquired a relevant professional experience, which he attests by any means.
"In these cases, when the examination of professional qualifications certified by this title and based on the relevant professional experience reveals substantial differences with respect to the qualifications required for the access and exercise of the profession in France, the competent authority requires that the interested party submit to a compensation measure that, at the applicant's choice, consists of a fitness test or an adaptation course.
"The issuance of the exercise authorization allows the beneficiary to practise the profession under the same conditions as the persons holding the certificate referred to in section L. 4342-3. »
IV. ― It is added to the same code an article L. 4342-5 as follows:
"Art.L. 4342-5.-The orthoptist, a national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area which is established and legally exercises the activities of orthophonist in a State, member or party, may perform in France professional acts, in a temporary and occasional manner, without having to proceed with the registration referred to in Article L. 4342-2.
"When the exercise or training leading to the profession is not regulated in the State in which it is established, the service provider must justify having exercised it for at least two years in the preceding ten years.
"The service provider is subject to the rules relating to the conditions of practice of the profession, the use of the professional title and the professional, ethical and disciplinary rules applicable to the profession.
"The execution of these acts is subject to a written statement in advance, prepared in French, during the first performance or in the event of material change in the provider's situation.
"The professional qualifications of the service provider are verified by the competent authority after notice of a commission composed of professionals before the first service delivery. In the event of a substantial difference between the qualifications of the provider and the training required in France, which would adversely affect public health, the competent authority asks the provider to demonstrate that it has acquired the missing knowledge and skills, in particular through compensation measures.
"The service provider can make use of its training title in the language of the State which has issued it. It is required to include the place and place where it was obtained.
"The provision of services is carried out under the professional title of the State of establishment written in one of the official languages of that State. However, in the event that qualifications have been verified, service delivery is performed under the French professional title. »
I. ― Section L. 4351-2 of the Public Health Code is supplemented by a paragraph to read:
"The medical electroradiology manipulator can make use of his training title in the language of the State which issued it. It is required to include the place and place where it was obtained. The medical electroradiology manipulator operates under the French professional title. »
II. ― Section L. 4351-4 of the same code is replaced by the following:
"Art.L. 4351-4.-The competent authority may, after notice of a commission made up of professionals, authorize the occupation of manipulator of medical electroradiology to nationals of a Member State of the European Community or of another State Party to the agreement on the European Economic Area that have successfully followed a cycle of post-secondary education and that, without having any of the diplomas, certificates or titles 51-5
« 1° a training certificate issued by the competent authority of a State, a member or a party, which regulates access to that profession or exercise, and permitting the legal exercise of such functions in that State;
« 2° Or a training title issued by the competent authority of a State, member or party, which does not regulate access to that profession or exercise. The persons concerned shall provide a certificate from the competent authority of that State certifying their preparation for that profession and justify its full-time exercise for two years in the last ten years in that State or their part-time exercise for a corresponding period of time;
« 3° Or a training title issued by a third State and recognized in a State, member or party, other than France, allowing the profession to be legally practised and in which the individual acquired a relevant professional experience, which he attests by any means.
"In these cases, when the examination of professional qualifications certified by this title and based on the relevant professional experience reveals substantial differences with respect to the qualifications required for the access and exercise of the profession in France, the competent authority requires that the interested party submit to a compensation measure that, at the applicant's choice, consists of a fitness test or an adaptation course.
"The issuance of the exercise authorization allows the beneficiary to practise the profession under the same conditions as those who hold one of the diplomas, certificates or titles referred to in sections L. 4351-3 and L. 4351-5. »
III. ― It is added to the same code an article L. 4351-8 as follows:
"Art.L. 4351-8.-The manipulator of medical electroradiology, a citizen of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area which is established and legally exercises the activities of manipulator of medical electroradiology in a State, member or party, may perform professional acts in France, on a temporary and occasional basis, without having to proceed to the registration provided by article 4352
"When the exercise or training leading to the profession is not regulated in the State in which it is established, the service provider must justify having exercised it for at least two years in the preceding ten years.
"The service provider is subject to the rules relating to the conditions of practice of the profession, the use of the professional title and the professional, ethical and disciplinary rules applicable to the profession.
"The execution of these acts is subject to a prior written statement, established in the language of the host Member State during the first performance or in case of material change in the situation of the provider.
"The professional qualifications of the service provider are verified by the competent authority after notice of a commission composed of professionals before the first service delivery. In the event of a substantial difference between the qualifications of the provider and the training required in France, which would adversely affect public health, the competent authority asks the provider to demonstrate that it has acquired the missing knowledge and skills, in particular through compensation measures.
"The service provider can make use of its training title in the language of the State which has issued it. It is required to include the place and place where it was obtained.
"The provision of services is carried out under the professional title of the State of establishment written in one of the official languages of that State. However, in the event that qualifications have been verified, service delivery is performed under the French professional title. »
IV. ― Before the last paragraph of Article L. 4352-1 of the same code, a paragraph shall be inserted as follows:
"The medical electroradiology manipulator, when issuing the ministerial authorization for exercise, and the service provider, at the time of his statement, must possess the language knowledge necessary for the exercise of the profession and those relating to the weight systems and measures used in France. »
I. ― Before the last paragraph of section L. 4361-2 of the Public Health Code, a paragraph is inserted to read as follows:
"The audioprothesist, when issuing the ministerial authorization for the exercise, and the service provider, at the time of his statement, must possess the language knowledge necessary for the exercise of the profession and those relating to the weight systems and measures used in France. »
II. ― Article L. 4361-3 of the same code is supplemented by a paragraph as follows:
"The audio-prothesist can use his training title in the language of the state that delivered it to him. It is required to include the place and place where it was obtained. The audioprothesist operates under the French professional title. »
III. ― Section L. 4361-4 of the same code is replaced by the following:
"Art.L. 4361-4.-The competent authority may, after notice of a commission made up of professionals in particular, authorize the exercise of the profession of audio-prothesist the nationals of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area which have successfully followed a cycle of post-secondary education and which, without having one of the diplomas, certificates or titles provided for at the 3rd.
« 1° a training certificate issued by the competent authority of a State, a member or a party, which regulates access to that profession or exercise, and permitting the legal exercise of such functions in that State;
« 2° Or a training title issued by the competent authority of a State, member or party, which does not regulate access to that profession or exercise. The persons concerned shall provide a certificate from the competent authority of that State certifying their preparation for that profession and justify its full-time exercise for two years in the last ten years in that State or their part-time exercise for a corresponding period of time;
« 3° Or a training title issued by a third State and recognized in a State, member or party, other than France, allowing the profession to be legally practised and in which the individual acquired a relevant professional experience, which he attests by any means.
"In these cases, when the examination of professional qualifications certified by this title and based on the relevant professional experience reveals substantial differences with respect to the qualifications required for the access and exercise of the profession in France, the competent authority requires that the interested party submit to a compensation measure that, at the applicant's choice, consists of a fitness test or an adaptation course.
"The issuance of the exercise authorization allows the beneficiary to practise the profession under the same conditions as persons holding one of the diplomas, certificates or titles referred to in section L. 4361-3. »
IV. ― It is added to the same code an article L. 4361-9 as follows:
"Art.L. 4361-9.-The audioprothesist, a national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area which is established and legally exercises audioprothesist activities in a State, member or party, may perform professional acts in France, temporarily and occasionally, without having to proceed with the registration provided for in Article L-2.
"When the exercise or training leading to the profession is not regulated in the State in which it is established, the service provider must justify having exercised it for at least two years in the preceding ten years.
"The service provider is subject to the rules relating to the conditions of practice of the profession, the use of the professional title and the professional, ethical and disciplinary rules applicable to the profession.
"The execution of these acts is subject to a written statement in advance, prepared in French, during the first performance or in the event of material change in the provider's situation.
"The professional qualifications of the service provider are verified by the competent authority after notice of a commission composed of professionals before the first service delivery. In the event of a substantial difference between the qualifications of the provider and the training required in France, which would adversely affect public health, the competent authority asks the provider to demonstrate that it has acquired the missing knowledge and skills, in particular through compensation measures.
"The service provider can make use of its training title in the language of the State which has issued it. It is required to include the place and place where it was obtained.
"The provision of services is carried out under the professional title of the State of establishment written in one of the official languages of that State. However, in the event that qualifications have been verified, service delivery is performed under the French professional title. »
I. ― Before the last paragraph of section L. 4362-1 of the Public Health Code, a paragraph is inserted to read as follows:
"The optician-mooner, when issuing the ministerial authorization for the exercise, and the service provider, at the time of his statement, must possess the language knowledge necessary for the exercise of the profession and those relating to weight systems and measures used in France. »
II. ― Article L. 4362-2 of the same code is supplemented by a paragraph as follows:
"Art.L. 4362-2.-The optician-mooner may use his training title in the language of the State which delivered it to him. It is required to include the place and place where it was obtained. The optician-lunetier operates under the French professional title. »
III. ― Section L. 4362-3 of the same code is replaced by the following:
"Art.L. 4362-3.-The competent authority may, after notice of a commission made up of professionals, authorize the occupation of the optician-mooner nationals of a Member State of the European Community or of another State Party to the agreement on the European Economic Area that have successfully followed a cycle of post-secondary education and that, without having the degree provided for in Article L. 4362-2,
« 1° a training certificate issued by the competent authority of a State, a member or a party, which regulates access to that profession or exercise, and permitting the legal exercise of such functions in that State;
« 2° Or a training title issued by the competent authority of a State, member or party, which does not regulate access to that profession or exercise. The persons concerned shall provide a certificate from the competent authority of that State certifying their preparation for that profession and justify its full-time exercise for two years in the last ten years in that State or their part-time exercise for a corresponding period of time;
« 3° Or a training title issued by a third State and recognized in a State, member or party, other than France, allowing the profession to be legally practised and in which the individual acquired a relevant professional experience, which he attests by any means.
"In these cases, when the examination of professional qualifications certified by this title and based on the relevant professional experience reveals substantial differences with respect to the qualifications required for the access and exercise of the profession in France, the competent authority requires that the interested party submit to a compensation measure that, at the applicant's choice, consists of a fitness test or an adaptation course.
"The issuance of the exercise authorization allows the beneficiary to practise the profession under the same conditions as persons holding one of the diplomas, certificates or titles referred to in section L. 4362-2. »
IV. ― It is inserted in the same code an article L. 4362-7 as follows:
"Art.L. 4362-7.-The optician-mooner, a national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area which is established and legally exercises the activities of optician-mooner in a State, member or party, may perform professional acts in France, on a temporary and occasional basis, without having to proceed to the registration provided for by article 4362-1.
"When the exercise or training leading to the profession is not regulated in the State in which it is established, the service provider must justify having exercised it for at least two years in the preceding ten years.
"The service provider is subject to the rules relating to the conditions of practice of the profession, the use of the professional title and the professional, ethical and disciplinary rules applicable to the profession.
"The execution of these acts is subject to a written statement in advance, prepared in French, during the first performance or in the event of material change in the provider's situation.
"The professional qualifications of the service provider are verified by the competent authority after notice of a commission composed of professionals before the first service delivery. In the event of a substantial difference between the qualifications of the provider and the training required in France, which would adversely affect public health, the competent authority asks the provider to demonstrate that it has acquired the missing knowledge and skills, in particular through compensation measures.
"The service provider can make use of its training title in the language of the State which has issued it. It is required to include the place and place where it was obtained.
"The provision of services is carried out under the professional title of the State of establishment written in one of the official languages of that State. However, in the event that qualifications have been verified, service delivery is performed under the French professional title. »
I. ― Section L. 4371-2 of the Public Health Code is amended as follows:
1° After the words: "L. 4371-4" are added the words: "or referred to in Article L. 4371-7";
2° It is added a paragraph to read:
"The Dietitian can use his training title in the language of the State that delivered it to him. It is required to include the place and place where it was obtained. The Dietitian operates under the French professional title. »
II. ― Section L. 4371-4 of the same code is replaced by the following:
"Art.L. 4371-4.-The competent authority may, after notice of a commission made up of professionals, authorize the occupation of a Dietitian to be exercised by nationals of a Member State of the European Community or another State Party to the Agreement on the European Economic Area that have successfully followed a cycle of post-secondary education and which, without having the diploma referred to in Article L. 4371-2, are holders:
« 1° a training certificate issued by the competent authority of a State, a member or a party, which regulates access to that profession or exercise, and permitting the legal exercise of such functions in that State;
« 2° Or a training title issued by the competent authority of a State, member or party, which does not regulate access to that profession or exercise. The persons concerned shall provide a certificate from the competent authority of that State certifying their preparation for that profession and justify its full-time exercise for two years in the last ten years in that State or their part-time exercise for a corresponding period of time;
« 3° Or a training title issued by a third State and recognized in a State, member or party, other than France, allowing the profession to be legally practised and in which the individual acquired a relevant professional experience, which he attests by any means.
"In these cases, when the examination of professional qualifications certified by this title and based on the relevant professional experience reveals substantial differences with respect to the qualifications required for the access and exercise of the profession in France, the competent authority requires that the interested party submit to a compensation measure that, at the applicant's choice, consists of a fitness test or an adaptation course.
"The issuance of the exercise authorization allows the beneficiary to practise the profession under the same conditions as those who hold the degree referred to in section L. 4371-2. »
III. ― Article L. 4371-5 of the same code is supplemented by a paragraph as follows:
"The Dietitian, at the time of issuance of the ministerial authorization for exercise, and the service provider, at the time of his statement, must have the language knowledge necessary for the exercise of the profession and those relating to weight systems and measures used in France. »
IV. ― It is created in the same code an article L. 4371-7 as follows:
"Art.L. 4371-7.-The Dietitian, a national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area which is established and legally exercises the activities of Dietitian in a State, member or party, may carry out professional acts in France, on a temporary and occasional basis, without having to proceed with the registration provided for in Article L. 4371-5.
"When the exercise or training leading to the profession is not regulated in the State in which it is established, the service provider must justify having exercised it for at least two years in the preceding ten years.
"The service provider is subject to the rules relating to the conditions of practice of the profession, the use of the professional title and the professional, ethical and disciplinary rules applicable to the profession.
"The execution of these acts is subject to a written statement in advance, prepared in French, during the first performance or in the event of material change in the provider's situation.
"The professional qualifications of the service provider are verified by the competent authority after notice of a commission composed of professionals before the first service delivery. In the event of a substantial difference between the qualifications of the provider and the training required in France, which would adversely affect public health, the competent authority asks the provider to demonstrate that it has acquired the missing knowledge and skills, in particular through compensation measures.
"The service provider can make use of its training title in the language of the State which has issued it. It is required to include the place and place where it was obtained.
"The provision of services is carried out under the professional title of the State of establishment written in one of the official languages of that State. However, in the event that qualifications have been verified, service delivery is performed under the French professional title. »
The education code is thus modified:
I. ― In the sixth paragraph of Article L. 362-1, the words: "and who have followed a pedagogical training benefit from the full right of the diploma referred to above" are replaced by the words: "or companies of a member state of the European Community or of another State party to the agreement on the European Economic Area, whose list is fixed by decree of the minister responsible for culture and who have followed a pedagogical training benefit from the diploma
II. ― After Article L. 362-1, an article L. 362-1-1 is inserted as follows:
"Art.L. 362-1-1.-I. ― Can also be established in France to teach dance against retribution or to use the title of dance teacher for nationals of a Member State of the European Community or another State Party to the agreement on the European Economic Area that owns:
« 1° A certificate of competence or a title of training issued by the competent authorities of a Member State or another State Party to the Agreement on the European Economic Area which regulates access to the profession of dance teacher or exercise, and allowing the legal exercise of this profession in that State;
« 2° A training title issued by a third State, which was recognized in a Member State or another State Party to the Agreement on the European Economic Area and which allowed them to legally practise the profession in that State for a minimum period of three years, provided that this professional experience is certified by the State in which it was acquired;
« 3° A certificate of competence or a title of training issued by the competent authorities of a Member State or another State Party to the Agreement on the European Economic Area, which does not regulate the access or exercise of the profession as a dance teacher and attesting to their preparation for the exercise of the profession when they justify the exercise of this activity in full time for two years in the last ten years in a Member State or another
"After examining whether the knowledge acquired by the applicant during his or her professional experience is not likely to fill, in whole or in part, substantial training differences, the Minister responsible for culture may require that the applicant submit to compensation measures.
“II. ― Nationals of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area that wish to teach dance in France on a temporary and occasional basis shall be deemed to meet the conditions of professional qualifications required, provided that they are legally established in one of these States to exercise this activity and, when the activity or training leading to it are not regulated in the State in which the persons concerned are established,
"Interested persons must provide a statement to the competent authority prior to delivery.
"III. ― This section applies to classical, contemporary and jazz dances. Its terms and conditions of application are determined by order of the Minister responsible for culture. »
The Act of 3 January 1977 referred to above is amended as follows:
I.-Section 10 is replaced by the following provisions:
"Art. 10.-They shall, at their request, include in a regional picture of architects the natural persons of French nationality or nationals of a Member State of the European Community or of another State Party to the agreement on the European Economic Area which enjoy their civil rights, present the necessary moral guarantees and fulfil one of the following conditions:
« 1° Be a holder of the State degree of architect or of another French diploma of architect recognized by the State, and holder of the authorization of the State graduate architect to the exercise of the master's work in his own name granted by the State, be holder of a diploma, certificate or other foreign title allowing the exercise of the profession of architect and recognized by the State;
« 2° Be a holder of a diploma, certificate or other title issued by a third State, which has been recognized in a Member State or in another State Party to the Agreement on the European Economic Area and which has allowed them to legally practise the profession in that State for a minimum period of three years, provided that this professional experience is certified by the State in which it was acquired;
"When the minimum period of three years has not been completed in the State that has recognized the said degree, certificate or title, the holder must be recognized as qualified by the Minister responsible for culture in the light of the knowledge and qualifications attested to by this degree, certificate or title and by all the training and professional experience acquired;
« 3° Being recognized as qualified by the Minister responsible for culture, following a review of all relevant knowledge, qualifications and professional experiences with respect to those required by the rules in force for access to the exercise of this profession, where the applicant does not benefit from the diplomas, certificates and other titles listed in Appendices V, point 5. 7, and VI of Directive 2005 / 36 / EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications.
"In the cases mentioned in 2° and 3°, the Minister responsible for culture may require, for the registration of the person concerned in the order table, the completion of a compensation measure;
« 4° Being recognized as qualified by the Minister responsible for culture on presentation of professional references stating that the person has particularly distinguished himself by the quality of his achievements in the field of architecture after a national commission's opinion.
"The conditions for the application of the 2°, 3° and 4° are fixed by a decree in the Council of State. »
II. ―It is added an article 10-1 as follows:
"Art. 10-1.-The national architect of a Member State of the European Community or of another State Party to the agreement on the European Economic Area which is legally established in one of these States may exercise the profession of architect in France on a temporary and occasional basis without being registered in a regional picture of architects.
"The architect service provider is subject to the rules and procedures relating to the conditions of practice of the profession, to the use of the professional title, to the professional or ethical and disciplinary rules applicable to the profession, as well as to the insurance obligations corresponding to the intended benefits.
"The performance of these benefits is subject to a written statement before the Regional Architects' Order Council during the first performance. This declaration is renewed once a year if the provider plans to carry out its work on an occasional basis during the year in question or in the event of material change in its situation. This includes information on insurance coverage and other means of personal or collective protection.
"In the event that the provider does not receive the automatic recognition of the diplomas, the regional council of the order of the architects conducts the verification of the professional qualifications declared.At the end of this audit, and in the event of a substantial difference between the professional qualifications of the provider and the training required in France, the regional council of the order of the architects proposes to the provider to submit to a qualification test of competence in order to demonstrate that it has acquired
"A decree in the Council of State specifies the conditions for the application of this article. »
Section 2 of chapter III, title II, of Book II of Part II of the General Code of Territorial Communities is supplemented by sub-section 6 as follows:
"Subsection 6
"Recognition of professional qualifications of nationals of a Member State of the European Community
or another State Party to the Agreement on the European Economic Area
"Art.L. 2223-47.-Professionals who are nationals of a Member State of the European Community or another State Party to the Agreement on the European Economic Area may exercise temporary and occasional activities in the national territory referred to in articles L. 2223-23 and L. 2223-41 subject to:
« 1° To be legally established in a Member State or another State Party to the agreement on the European Economic Area to exercise the same activity;
« 2° When the activity or training leading to it is not regulated in the State of establishment, having exercised it for at least two years in the ten years preceding the benefit;
« 3° To be a holder of the authorization provided for in these articles without, however, having to justify respect for 2° of Article L. 2223-23.
"Art.L. 2223-48.- Nationals of a Member State of the European Community or another State Party to the Agreement on the European Economic Area wishing to settle in France to carry out the professional activities referred to in Articles L. 2223-23 and L. 2223-41 must justify:
« 1° From professional experience, as a leader within the meaning of Article 3. 1. i of Directive 2005 / 36 / EC of the European Parliament and the Council of 7 September 2005 on the recognition of professional qualifications or as an independent for the activity under review:
"—three consecutive years;
" — or two consecutive years if the applicant justifies a pre-training sanctioned by a certificate recognized by the State in which he has exercised, or deemed to be fully valid by a competent professional body of that State;
" – or two consecutive years if the applicant justifies the exercise, for three years, as an employee;
« 2° Or a professional experience of three consecutive years as an employee in one of the functions referred to in articles L. 2223-19 and L. 2223-41 and the measures taken for their application under which he wishes to establish himself, if the applicant justifies a prior training sanctioned by a certificate recognized by the State in which he exercised, or judged fully valid by a competent professional body of that same State.
"In all cases mentioned in this article, professional experience must have been acquired in a Member State of the European Community or another State Party to the Agreement on the European Economic Area for the ten years preceding the application for recognition of professional qualifications.
"Art.L. 2223-49.-Where the applicant does not meet the requirements of section L. 2223-48, the applicant must justify:
« 1° If the request for recognition concerns the activity of thanatopraxie:
“(a) From a diploma, certificate or title, issued by a competent authority when this activity is regulated in the State in which it was issued, of a level equivalent to or immediately below that provided for the national diploma of thanatopractor referred to in Article L. 2223-45 and punishing professional training acquired primarily in the European Community or the European Economic Area;
“(b) Or the full-time exercise of the activity of thanatopraxie for at least two years in the preceding ten years in a Member State of the European Community or another State Party to the agreement on the European Economic Area that does not regulate this activity provided that it has a training title. However, this requirement of a two-year professional experience is not required when the applicant's training title punishes regulated training;
« 2° If the request for recognition concerns one of the functions, other than that of thanatopractor, referred to in articles L. 2223-19 and L. 2223-41 and the measures taken for their application:
“(a) A certificate of jurisdiction, issued by a competent authority when the function is regulated in the State in which it was issued, of a level equivalent or immediately less than that required by national regulations;
“(b) Or the full-time exercise of the function considered for at least two years in the preceding ten years in a Member State of the European Community or another State Party to the Agreement on the European Economic Area which does not regulate this activity provided that it has a certificate of competence. However, this requirement of a two-year professional experience is not required when the applicant's proficiency certificate imposes regulated training.
"Art.L. 2223-50.-When applying the provisions of Article L. 2223-49, the competent authority may require the applicant to complete, according to his or her choice, an adaptation course or to undergo a qualification test prior to the recognition of qualification, in accordance with the terms fixed by decree in the Council of State:
"when the applicant's training involves material substantially different in terms of duration or content in relation to the materials required by the training in the national territory and whose knowledge is essential to its exercise;
" — or where the activity under consideration is not regulated in the applicant's State of origin and that its exercise requires in France specific training on material substantially different from those covered by the certificate of competence or the diploma, certificate or title referred to by the applicant.
"The competent authority must, however, verify beforehand whether the knowledge acquired by the applicant during his or her professional experience is likely to cover, in whole or in part, this substantial difference.
"Art.L. 2223-51. -The decision to recognize the professional qualifications of the applicant shall be taken under conditions established by decree in the Council of State, by the competent authority for the grant of the authorization provided for in Article L. 2223-23. »
It is inserted after the article L. 171-1 of the rural code, two articles as follows:
"Art. L. 171-2. - By derogation from Article L. 171-1, national professionals of a Member State of the European Community or another State Party to the Agreement on the European Economic Area may, without appearing on the list of land and agricultural experts or forest experts, carry out temporary and occasional missions of expertise in the national territory under the first paragraph, subject to:
« 1° To be legally established in one of these States to practise the profession of land and agricultural expert or forest expert;
« 2° When neither the profession of land and agricultural expert or forest expert nor the training leading to it are regulated in the State of establishment, having exercised this profession in that State for at least two years in the ten years preceding the benefit;
« 3° To be insured in accordance with the eighth paragraph of Article L. 171-1;
« 4° To meet, prior to the first service delivery, the declarative obligations defined by decree in the Council of State.
"The benefit is carried out under the professional title of the institution State or under the training title of the provider.
"The professional is subject to the ethical and disciplinary control of the National Council of Agricultural and Forestry Land Expertise for those of the ethical rules that a decree in the Council of State makes them applicable.
"Art. L. 171-3. - The level of training and experience provided for in Article L. 171-1 for registration on the national list of land and agricultural experts and forest experts is fixed, with regard to nationals of a Member State of the European Community or another State Party to the agreement on the European Economic Area, under conditions defined by decree in the Council of State.
"The recognition of the certificate of competence or the title of training may be subject to a suitability test or to the completion of an adaptation course, under conditions defined by the same decree. »
The rural code is modified as follows:
I. ― The preliminary title of Book II is supplemented by a chapter IV, as follows:
“Chapter IV
“Free service delivery
"Art.L. 204-1.-For occupations whose exercise requires the detention of a certificate of capacity, governed by articles L. 211-17, 3° of Article L. 214-6, L. 254-3 to L. 254-5 and L. 653-13, professionals who are nationals of a Member State of the European Community or of another State Party to the European Economic Area that perform on the
"When they first perform their service in France, community nationals must inform the administrative authority in advance by a written statement whose content and procedure of filing are specified by decree in the Council of State.
"This statement may result in an audit of the professional qualifications of the service provider to enable the authority to ensure that the benefit will not affect the safety or health of the service recipient as a result of the lack of professional qualification of the service provider.
"In the event of a substantial difference between the professional qualifications of the service provider and the required training in order to harm the health or safety of the service recipients, the person concerned is enabled by the administrative authority to demonstrate that he has acquired the missing knowledge and skills under conditions defined by decree in the Council of State. »
II. ― The first sentence of the second paragraph of Article L. 211-17 is supplemented by the following provisions:
"The services rendered in France, on a temporary and occasional basis by professionals national of a Member State of the European Community, or another State Party to the European Economic Area, established in the territory of one of these States are governed by Article L. 204-1. »
III. ― The first paragraph of the 3rd paragraph of Article L. 214-6 is supplemented by a sentence as follows: "The services rendered in France, on a temporary and occasional basis, by professionals national of a Member State of the European Community or of a State Party to the European Economic Area established on the territory of one of these States or of a Member State of the European Union are governed by Article L 204-1. »
IV. ― Section L. 254-5 is amended to read:
1° In the first paragraph, the words "of the European Union" are replaced by the words "of the European Community or another State Party to the Agreement on the European Economic Area";
2° The last paragraph shall be supplemented by a sub-item:
"In the event that the activity is carried out on a temporary and occasional basis in France, the verification of the professional qualifications of the provider must allow the competent authority to ensure that the performance will not affect public safety or health as a result of the lack of professional qualification of the provider, under the conditions defined in Article L. 204-1. »
V. ― Section L. 653-13 is supplemented by the following provisions:
"Professionals who are nationals of a Member State of the European Community or another State Party to the European Economic Area legally established in the territory of one of these States shall be exempt from the possession of the licence of inseminator or centre of insemination if they exercise their activity on a temporary and occasional basis in France, under the conditions provided for in Article L. 204-1. »
Article L. 241-2 of the rural code is amended as follows:
I. ― At 2°, the words: "Article 1 of Council Directive 78/1027/EEC of 18 December 1978, aimed at the coordination of legislative, regulatory and administrative provisions concerning the activities of the veterinarian" are replaced by the words: "Guideline 2005/36/EC of the European Parliament and the Council of 7 September 2005 on the recognition of professional qualifications".
II. ― At 5°, the word "certifying" is replaced by the word "certifying" and the words "78/1027/EEC of the Council of 18 December 1978" are replaced by the words "2005/36/EC of the European Parliament and the Council of 7 September 2005".
III. ― It is added a 6° as follows:
« 6° Either a diploma, certificate or title of veterinary not having been issued by a Member State of the European Community or by another State Party to the Agreement on the European Economic Area, provided that it has been recognized by a Member State of the European Community or by another State Party to the Agreement on the European Economic Area and that its holder has acquired a professional experience of at least three years in that State, and certified by that State "
IV. ― It is added a 7° as follows:
« 7° Either the veterinary training titles issued by Estonia or whose training began in that State before 1 May 2004 if accompanied by a certificate stating that the persons actually and lawfully exercised in Estonia the activities in question for at least five consecutive years in the seven years preceding the date of issue of the certificate. »
Chapter III of title I of Book IV of the Environmental Code is amended to read:
1° The first and second paragraphs of Article L. 413-2 become I and III respectively;
2° It is inserted after the I of Article L. 413-2 a II as follows:
“II. ― By derogation from I, professionals from a Member State of the European Community or another State Party to the Agreement on the European Economic Area shall be exempt from the possession of the certificate of capacity if they exercise their activity temporarily and occasionally in France, subject to:
« 1° To be legally established in one of those States other than France to carry out this activity;
« 2° When neither activity nor training is regulated in the State of establishment, having exercised it in that State for at least two years in the ten years preceding the performance.
"The professionals mentioned in the first paragraph must, when they first perform their performance in France, inform the competent administrative authority in advance of a declaration that may result in an audit of the professional qualifications of the provider. The control to which it is carried out shall allow the competent authority to ensure that the benefit will not affect the safety or health of the service recipient due to the lack of professional qualification of the service provider. In the event of a substantial difference between the professional qualifications of the service provider and the required training that would adversely affect the health or safety of the service recipients, the competent administrative authority will enable the service provider to demonstrate that it has acquired the missing skills and knowledge.
"The conditions of application of this II are specified by decree in the Council of State. »
The Prime Minister, the Minister of State, the Minister of Ecology, Energy, Sustainable Development and Land Management, the Minister of Interior, Overseas and Territorial Communities, the Minister of Economy, Industry and Employment, the Minister of Justice, the Minister of Agriculture and Fisheries, the Minister of Labour, Social Relations,
Done in Paris, May 30, 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister of Economy,
industry and employment,
Christine Lagarde
Minister of State, Minister of Ecology,
of energy, sustainable development
and landscaping,
Jean-Louis Borloo
The Minister of the Interior,
the overseas and territorial authorities,
Michèle Alliot-Marie
The Seal Guard, Minister of Justice,
Rachida Dati
Minister of Agriculture and Fisheries,
Michel Barnier
Minister of Labour, Social Relations,
of the family and solidarity,
Xavier Bertrand
The Minister of Health,
youth, sports
and associative life,
Roselyne Bachelot-Narquin
Minister of Culture
and communication,
Christine Albanel
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
