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Decree No. 2008 - 1416 Of 19 December 2008 Amending Decree No. 83-517 24 June 1983 Laying Down The Conditions For The Application Of Act No. 82 - 1091 23 December 1982 On The Professional Training Of Craftsmen

Original Language Title: Décret n° 2008-1416 du 19 décembre 2008 modifiant le décret n° 83-517 du 24 juin 1983 fixant les conditions d'application de la loi n° 82-1091 du 23 décembre 1982 relative à la formation professionnelle des artisans

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Texts transposed

Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications (Text of interest to the EEA)

Summary

Enforcement of Act 82-1091 and 22 of Act 2000-321.
Full transposition of the European Directive 2005/36/EC of the European Parliament and the Council on recognition of professional qualifications.

Keywords

ECONOMIE , INDUSTRIE , COMMERCE , ARTISANAT , PETITES ET MOYENES ENTREPRISES , SMEs , ASSURANCE FUNDS FORMATION , ARTISANT , COMMUNITY EUROPEAN , COMMUNITY , PROFESSION


JORF n°0301 of 27 December 2008 page 20127
text No. 24



Decree No. 2008-1416 of 19 December 2008 amending Decree No. 83-517 of 24 June 1983 establishing the conditions for the application of Act No. 82-1091 of 23 December 1982 relating to the vocational training of craftsmen

NOR: ECEA0819056D ELI: https://www.legifrance.gouv.fr/eli/decret/2008/12/19/ECEA0819056D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2008/12/19/2008-1416/jo/texte


The Prime Minister,
On the report of the Minister of Economy, Industry and Employment,
Having regard to Directive 2005 / 36 / EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications;
Given the craft code, including its article 26 ;
Vu la Act No. 82-1091 of 23 December 1982 relating to the professional training of craftsmen, as amended by Order No. 2008-507 of 30 May 2008, transposing Directive 2005 / 36 / EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications, in particular its article 2;
Vu la Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with Governments, including article 22 ;
Vu le Decree No. 83-517 of 24 June 1983 Amending the conditions of application of the Act No. 82-1091 of 23 December 1982 concerning the professional training of craftsmen;
The State Council (Finance Section) heard,
Decrete:

Article 1 Learn more about this article...


After Article 6 of the above-mentioned Decree of 24 June 1983, articles 6-1 and 6-2 are inserted as follows:
"Art. 6-1.-I. ― When a professional national of a Member State of the European Community or another State Party to the Agreement on the European Economic Area intends to establish himself in Metropolitan France or in overseas departments as directors of a company, the Chamber of Trades and Crafts of the department in which he wishes to establish himself may ask him to undergo a examination of materials or an adaptation course
"However, the Chamber of Trades and Competent Crafts cannot ask the professional to undergo a suitability test or an adaptation internship:
“(a) When he or she has worked for at least three years, a professional activity requiring a level of knowledge at least equivalent to that of the internship provided for in Article 4; or
“(b) When he has exercised, for at least two consecutive years, one of the professional activities mentioned in the list annexed to this Decree as an independent or corporate director, after having received, for this activity, a training sanctioned by a diploma, title or certificate recognized by the State, member or party, which issued it, or deemed to be fully valid by a competent professional body; or
"(c) Upon verification, the board finds that the knowledge acquired by the applicant during his or her professional experience in a State, member or party, or in a third State is likely to cover, in whole or in part, the substantial difference in content referred to in the first paragraph.
"Non-French documents must be accompanied by a certified translation in accordance with the original by a sworn translator or authorized to intervene with the judicial or administrative authorities of another Member State of the Community, or another State Party to the agreement on the European Economic Area.
“II. ― Within one month of receipt of the application for registration to the trades directory or business register, the board shall notify the applicant of its decision to implement one of the measures set out in I. This decision is motivated and lists the subjects taught by the internship provided for in Article 4, which are not covered by its qualification and will be the subject of the aptitude test or the adaptation course.
"The applicant informs the board of his choice of following an adaptation course or passing an aptitude test.
"All appeals against the decision of the board shall be preceded, barely inadmissible, by an administrative remedy exercised, within two months from the notification of this decision to the prefect of the department where the board has its seat.
"III. ― The aptitude test takes the form of an examination, before a jury appointed to the chamber, organized in accordance with the terms defined by a review by the Permanent Assembly of the Chambers of Crafts, after the advice of the most representative professional organizations and approved by the decree of the minister responsible for crafts.
"The aptitude test is organized within one month of the reception by the board of the applicant's decision to opt for this test.
"In a month from the date of receipt of the applicant's decision to opt for the adaptation course, the board shall send a list of all the bodies authorized to organize it, referred to in the first paragraph of section 2 of the Act of 23 December 1982 referred to above.
"In the absence of an organization of the aptitude test or transmission of the list provided for in the preceding paragraph within the prescribed time limits, the exemption provided for in section 2 of the above-mentioned Act of 23 December 1982 shall be considered granted.
"In a period of one month following the organization of the aptitude test or the completion of the adaptation course, the chair of the board shall issue to the applicant who has passed the test or completed the course a certificate allowing him to be registered in the trades directory or in the business register.
"Art. 6-2.-The issuance of the certificate referred to in the fourth paragraph of Article 6-1 III may be subject to the payment by the applicant of a right whose amount, fixed by order of the Minister responsible for crafts, cannot exceed the average cost of instruction of a record. It is established and recovered by the Chamber of Crafts and Crafts for its benefit. »

Article 2 Learn more about this article...


After Article 25 of the same decree, an annex is added, as follows:

  • Annex



    « A N N E X E
    " List of activities referred to in Article 6-1 b


    "I. ― Retail of Meat and Meat-Based Products in Specialized Stores or on Event and Markets.
    “II. – Retail of fish, shellfish and shellfish in specialized stores or on adventures and markets, including preparations from these products.
    "III. ― Manufacture of ready-to-eat dishes, mainly to take away, associated with retail sale.
    "IV. ― Automotive technical control.
    "V. ― Beauty cares whose aesthetic modelling of well-being and comfort without medical purpose.
    "VI. ― Embalmment, mortuary care, thanatopraxie. »
    3
    The Minister of Economy, Industry and Employment and the Secretary of State for Trade, Crafts, Small and Medium Enterprises, Tourism and Services are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
    Done in Paris, December 19, 2008.


    François Fillon


    By the Prime Minister:


    Minister of Economy,
    industry and employment,
    Christine Lagarde
    Secretary of State
    responsible for trade, crafts,
    small and medium-sized enterprises,
    tourism and services,
    Hervé Novelli


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