Key Benefits:
The Prime Minister,
On the report of the Seal Guard, Minister of Justice,
Having regard to the agreement on the European Economic Area signed in Porto on 2 May 1992 and the protocol on the adaptation of this agreement signed in Brussels on 17 March 1993, including its annex VII, together with Act No. 93-1274 of 2 December 1993 which authorizes its ratification and Decree No. 94-43 of 1 February 1994 which publishes it;
Considering Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications;
Considering the trade code;
The State Council (inland section) heard,
Decrete:
The regulatory part of the trade code is amended in accordance with Articles 2 to 15 of this Order.
In the first paragraph of article R. 321-18, before the words: "No one can direct voluntary sales of furniture at public auctions," the words are inserted: " Subject to the provisions of article R. 321-65."
In the first paragraph of article R. 321-19, the word "workers" is replaced by the word "persons".
In article R. 321-44, after the words: "which includes an assessment of the application of article L. 321-3 and articles R. 321-10 to R. 321-17", are added the words: ", as well as a statistical survey of the different categories of declarations received and decisions taken in respect of the recognition of the professional qualifications of nationals of the Member States of the European Community or parties to the European Economic Agreement".
The titles of sub-section 1 of section 2 of chapter I of title II of Book III and the two paragraphs composing this subsection are deleted.
Section R. 321-57 is replaced by the following provisions:
"Art.R. 321-57.-The declaration provided for in Article L. 321-24 is written. It is addressed, within the time limit provided for in the same section, to the Board of Voluntary Sales of Public Auctions by registered letter with request for notice of receipt or by any other means. »
Section R. 321-58 is amended as follows:
1° At 2°, the words: "of exercise on a permanent basis" are replaced by the words: "of the legality of the exercise by the declarant";
2° The 3° is replaced by the following:
« 3° Proof by any means of the exercise of the voluntary sales activity of public auction furniture for at least two years in the ten years preceding the first sale in France when neither this activity nor the training leading to it are regulated in the State of establishment; »
3° The 4th is replaced by the following:
« 4° A certificate issued by the competent authority or, failing that, an attestation on the honour of the declarant, certifying that he is not subject to any prohibition, even temporary, of the activity of voluntary sales of furniture at public auctions in his State of establishment; »
4° The 5th is deleted;
5° The last paragraph is supplemented by the words: ", with the exception of those justifying the identity and nationality of the author of the declaration. »
6° It is added a paragraph to read:
"The pieces mentioned in 4° and 7° can not date more than three months when they are produced. »
Section R. 321-59 is replaced by the following provisions:
"Art.R. 321-59.-The renewal of the declaration provided for in Article L. 321-24 shall be accompanied by the documents referred to in 6° and 7° of Article R. 321-58 and, in the event of material change relating to the situation established by the other documents mentioned in that article, documents justifying these changes. »
Section R. 321-60 is replaced by the following provisions:
"Art.R. 321-60.-In a period of fifteen days from the date of receipt of the declaration provided for in section L. 321-24, the board shall inform the applicant, if any, of any missing document. »
Section R. 321-61 is replaced by the following provisions:
"Art.R. 321-61.-The Council for the Voluntary Sales of Public Auction Furniture shall exchange with the competent authorities of the other Member States of the European Community or parties to the Agreement on the European Economic Area the information necessary for the processing of the complaint of a recipient of services provided in the framework of a voluntary sale of public auction furniture insured in the framework of a service provision by a national of one of these States. He informs the addressee of the follow-up to his complaint. »
Thearticle R. 321-62is repealed.
Sub-section 2 of chapter I, section 2, of Book III title II is repealed.
At the head of chapter I, section 3, title II, of Book III, is inserted a new article R. 321-65 re-established as follows:
"Art.R. 321-65.-They shall be deemed to have the qualification required to direct the voluntary sales of furniture to public auctions, without having to meet the conditions set out in 3°, 4° and 5° of Article R. 321-18, nationals of a Member State of the European Community or of a State Party to the agreement on the European Economic Area, holders of one or more diplomas or grades
« 1° Whether these diplomas or titles allow the exercise of the professional activity of voluntary sales of furniture in public auctions in a Member State or a State Party to the agreement on the European Economic Area that regulates access to the profession or its exercise;
« 2° Whether these diplomas or titles sanction regulated training specifically aimed at the exercise of the professional activity of voluntary sales of furniture at public auctions and attest to the preparation of the holder for this exercise, in a Member State or a State party to the agreement on the European Economic Area that does not regulate access to this profession or exercise;
« 3° Whether these diplomas or titles attest to the preparation of their holder in the exercise of the professional activity of voluntary sales of furniture at public auctions and that the holder also justifies, in a Member State or a State party to the agreement on the European Economic Area that does not regulate access to that profession or exercise, of a full-time exercise of the profession for at least two years in the preceding ten years or for an equivalent period of time
"The diplomas or titles mentioned in this article shall be issued either by the competent authority of a Member State or a State Party to the Agreement on the European Economic Area by sanctioning a preponderantly acquired training in a Member State or a State Party or in a third State in educational institutions that provide a training in accordance with the legislative, regulatory or administrative provisions of that Member State or a party, or by a third State, »
The first two paragraphs of section R. 321-66 are replaced by the following:
"People meeting the conditions set out in sections R. 321-56 and R. 321-65 and wishing to settle in France shall apply to the board of voluntary sales of furniture at public auction for recognition of professional qualification by registered letter with a request for notice of receipt or by any other equivalent means. The application is accompanied by a record whose composition is fixed by order of the Seal Guard, Minister of Justice.
"The board acknowledges receipt of the applicant's file within one month and informs it, if any, of any missing document. The decision shall be decided by reason of the decision no later than three months from the submission of the full file of the interested party. »
Section R. 321-67 is replaced by the following provisions:
"Art.R. 321-67.-When the training received by the applicant relates to material substantially different from those contained in the programs of the diplomas referred to in Article 321-18 and the professional examination referred to in Article 321-22, or where the duration of the training presumed by the applicant is less than one year than that required by the provisions of Article 321-18
"The program and organizational arrangements for the aptitude test and the adaptation stage are set by order of the seal guard, Minister of Justice.
"The board shall specify the subjects of the program referred to in the preceding paragraph on which the applicant is questioned or the duration of his or her training and professional experience. It may exempt the applicant from these measures if the applicant considers that the knowledge acquired during the course of his or her professional experience is likely to cover, in whole or in part, the material difference of training found.
"The board shall notify candidates of the results of the aptitude test or the evaluation of the internship. »
This Order is not applicable to Mayotte.
The security guard, Minister of Justice, is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, February 9, 2009.
François Fillon
By the Prime Minister:
The Seal Guard, Minister of Justice,
Rachida Dati
