Key Benefits:
The Prime Minister,
On the report of the Minister of Agriculture and Fisheries,
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 rural code, including its articles L. 171-1 to L. 171-3 ;
The State Council (section of public works) heard,
Decrete:
Section 2 of chapter I of title VII of Book I of the Rural Code is amended to read:
1° The title of section 2 becomes: "Relations relating to the list of land and forestry experts and the free provision of services";
2° Section 2 is divided into two subsections; Sub-section 1, entitled: "Registration of land and agricultural or forestry experts", includes articles R. 171-9 to R. 171-17; Sub-section 2, entitled: “ Provisions relating to the free provision of services”, includes sections R. 171-17-1, R. 171-17-2 and R. 171-17-3;
3° In the first paragraph of article R. 171-9, after the word "agricultural", the word "and" is replaced by the word "or";
4° Section R. 171-12 is amended as follows:
(a) The 6 is replaced by the following:
« 6. An extract of judicial record No. 3 or, for professionals nationals of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area, a certificate certifying that the holder is legally established in a Member State to carry out the missions of expertise referred to in Article L. 171-1 and that, when the certificate is issued, no prohibition, even temporary, shall be exercised. »
(b) After 7, a new paragraph is inserted:
"To these documents is attached, as necessary, to their translation into the French language. The National Council acknowledges receipt of the applicant's file within one month of receipt by requesting any missing documents. »
5° After the article R. 171-12, the following articles are inserted: R. 171-12-1, R. 171-12-2 and R. 171-12-3:
"Art.R. 171-12-1.-For nationals of a Member State of the European Community or another State Party to the Agreement on the European Economic Area, the Committee of the National Council of Land, Agriculture and Forestry Expertise makes a comparison between, on the one hand, the training required in France to be entered on the list provided for in Article L. 171-1 and, on the other hand, that received by the applicant,
"When this examination reveals a substantial difference in training with respect to the qualifications required for access to the profession and its exercise in France, that the knowledge acquired by the applicant during his or her professional experience is not of a nature to be filled, in whole or in part, the committee shall subordinate the registration on the list of land and agricultural or forestry experts to the completion by the candidate of a suitability test or a maximum of three years of course of preparation.
"Art.R. 171-12-2.-The aptitude test covers matters of knowledge required to practise the profession of land and agricultural expert or forest expert and which are not covered by the diplomas, certificates or titles mentioned by the applicant, or by the knowledge he has gained during his professional experience. In all cases, it deals with the knowledge of the ethical rules applicable to this profession.
"Art.R. 171-12-3.-In the maximum period of three months from the date of receipt of the complete file, the committee shall inform the candidate, by registered letter with a request for notice of receipt, of its decision to enroll it on the list of land and agricultural or forestry experts established under the coming year, or of its decision to subordinate its registration on this list to an adaptation test or to an adaptation stage.
"The decision is motivated.
"Where applicable, it includes the indication of the duration and content of the internship as well as the list of materials subject to the aptitude test, mentions that the choice is left to the applicant between the completion of the internship or the aptitude test, and specifies that if the choice is not exercised within one month, it will be considered to have waived the registration on the next useful list.
"The aptitude test is organized within a time limit allowing the candidate to be registered on the annual list under the conditions set out in the first paragraph of this article. »
6° It is inserted after R. 171-17, a sub-section 2, as follows:
"Subsection 2
“Free provision of services
"Art.R. 171-17-1.-For the purposes of Article L. 171-2, and prior to its first service delivery, or in the event of a change of situation, the professional national of another Member State of the European Community or a party to the agreement on the European Economic Area that wishes to carry out missions of land and agricultural or forestry expertise on a temporary and occasional basis, must send the following documents to the National Council of land and forestry expertise
« 1° proof of his nationality;
« 2° A certificate certifying that it is legally established in a Member State of the European Community or in a State Party to the Agreement on the European Economic Area to carry out the activities of expertise referred to in Article L. 171-1 and that during the issuance of the certificate no prohibition, even temporary, of exercising;
« 3° Proof of professional qualifications or evidence, by any means, that it has exercised the activities of land and agricultural or forestry expertise for at least two years in the preceding ten years in the State of Settlement, where the activity or training leading to it is not regulated;
« 4° Information on the insurance policy subscription specifying the social reason and address of the insurance company, the references and the period of validity of the contract, the scope and amount of guarantees.
"This statement is renewed once a year if the professional intends to provide services on a temporary and occasional basis in the national territory during the relevant year.
"To these documents is attached, as necessary, to their translation into the French language.
"Art.R. 171-17-2.-The benefits are carried out under the professional title of the State of establishment. In the event that the professional title does not exist in the State of establishment, the professional refers to his training title.
"Art.R. 171-17-3.-The professional is obliged to comply with the obligations and professional rules set out in R. 172-2 to R. 172-8. »
The Minister of Agriculture and Fisheries is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, February 16, 2009.
François Fillon
By the Prime Minister:
Minister of Agriculture and Fisheries,
Michel Barnier
