Key Benefits:
The Prime Minister,
On the report of the Minister of Interior, Overseas and Territorial Communities,
Having regard to Directive 2005 / 36 / EC of the European Parliament and the Council of 7 September 2005 on the recognition of professional qualifications, including Articles 7 and 14;
Given the education code, including its Articles L. 335-5 and L. 335-6 ;
Considering the Code of Criminal Procedure, including its articles 29 and 29-1 ;
Given the rural code, including its articles L. 211-11, L. 211-12 and L. 211-14 ;
Vu la Act No. 83-629 of 12 July 1983 amended to regulate private security activities, including articles 5, 6, 22 and 23;
Vu le Decree No. 2005-1122 of 6 September 2005 amended for the purposes of Act No. 83-629 of 12 July 1983 regulating private security activities and relating to the professional fitness of the leaders and employees of the enterprises carrying out surveillance and care, the transport of funds and the physical protection of persons;
Vu le Decree No. 2005-1123 of 6 September 2005 amended for the purposes of Act No. 83-629 of 12 July 1983 regulating private security activities and relating to the professional qualification of leaders and the professional fitness of employees of private research agencies;
The State Council (inland section) heard,
Decrete:
Decree No. 2005-1122 of 6 September 2005 referred to above is amended in accordance with articles 2 to 9 of this Decree.
After article 1st, an article 1st-1 is inserted as follows:
"Art. 1-1.-When a person carrying on an activity referred to in Article 1 of the Act of 12 July 1983 referred to above, as an independent worker or employee, in a Member State of the European Union other than France proposes to go there for the first time in order to carry out this activity on an occasional basis, he makes the statement to the police prefect.
“The statement is accompanied by the following documents:
« 1° proof of his nationality;
« 2° proof of his professional qualifications;
« 3° A certificate certifying that the person concerned is legally established in a Member State to carry out this activity and that there is no ban on the exercise;
« 4° Evidence of absence of a final criminal conviction in a document equivalent to Bulletin 2 of the criminal record incompatible with the exercise of that activity;
« 5° If the activity in question is not specifically regulated in the Member State of Settlement, any evidence that the person concerned has exercised this full-time activity for at least two years over the last ten years.
"In the period of one month from the date of receipt of the statement, the police prefect shall inform the person concerned whether or not he decides to verify his or her professional qualifications, given the existence of substantial differences between the qualifications declared and those required for the issuance of the titles referred to in the second and third paragraphs of Article 1 of this Order. This period may be renewed once the police prefect requests the individual to complete his or her statement.
"If it decides an audit, the police prefect offers the person concerned the opportunity to demonstrate that he has acquired the missing knowledge or skills by submitting himself, within one month, to a fitness test with a professional certification or qualification certificate. The results of the test are communicated to the interested party without delay.
"In the silence of the police prefect after the deadlines mentioned above, or if the results of the audit are favourable, the person concerned shall be deemed to fulfil the conditions of exercise imposed by this decree.
"Forfeits the rights it derives from the preceding paragraph any person who, in the State of the European Union in which it is established to carry out one of the activities referred to in Article 1 shall be prohibited from doing so, to withdraw the authorization of that exercise or to impose a conviction incompatible with it. »
After Article 2, an article 2-1 is inserted as follows:
"Art. 2-1.-I. ― Without prejudice to the knowledge, skills and know-how referred to in sections 2, 5 and 10, where the activity referred to in the 1st of section 1 of the above-mentioned Act of 12 July 1983 is exercised with the use of a dog, professional certification and professional qualification certificate attest to the related knowledge:
“(a) The provisions of the rural code relating to conditions of detention and maintenance of dogs;
“(b) The provisions of the Civil Code relating to the principles of civil liability;
"(c) The regulation of the identification and use of the dog in the exercise of the surveillance and custodial activity.
“II. ― Professional certification and professional qualification certificate also attest to theoretical and practical skills with at least:
“(a) Obedience techniques, adaptability of the dog to its environment, maintenance techniques at an operational level of physical and technical qualities of the master-chien binome;
“(b) Hygiene, habitat and dog maintenance, knowledge of major diseases, vaccination and canine psychology;
"(c) Filtration, access control, surveillance rounds and procedures for intervention with a dog.
"III. ― Practical initial training is provided with each dog used by the agent concerned in the exercise of the surveillance and caretaker activity. In case of use of a new dog, practical training is again provided with this dog. »
The title of Chapter II is replaced by the following title:
"Specific provisions relating to professional fitness and the accreditation of leaders".
The following provisions are inserted after Article 7:
"Art. 7-1.-The approval provided for in Article 5 of the above-mentioned Act of 12 July 1983 shall be issued by order of the prefect of the department of the main establishment of the company, and in Paris, by order of the police prefect. When requested by one of the persons mentioned in the 2nd of Article 7-2, the approval shall be issued by the police officer.
"Art. 7-2.- Without prejudice to the other provisions of this Decree, the application for approval shall include:
« 1° For French nationals, a copy of a valid identity document;
« 2° For nationals of a Member State of the European Union or another State Party to the Agreement on the European Economic Area, the copy of a valid identity document or, for nationals of a State having concluded a bilateral agreement with France allowing them to practise the profession of a private security enterprise, the copy of their residence permit;
« 3° The justification for aptitude provided for in Article 1 of this Decree;
« 4° For persons carrying on any of the activities referred to in Article 1 of the Act of 12 July 1983 referred to in a member country of the European Union where this activity is not specifically regulated, any document indicating the number of years during which the person concerned has exercised this activity in full time over the last ten years;
« 5° A statement on the honour of not exercising any of the activities referred to in Article 7-3.
"Every document written in a foreign language is accompanied by a translation in French.
"Art. 7-3.-In addition to those of the private research agencies defined in section 20 of the Act of 12 July 1983 referred to above, activities incompatible with those of surveillance and guardianship, transportation of funds and physical protection of persons are:
"—the sworn particular custody activity defined in articles 29 and 29-1 of the Code of Criminal Procedure;
"—the functions that laws and regulations make incompatible with the activities referred to in section 1 of the Act of 12 July 1983 referred to above.
"Art. 7-4.-When the application for accreditation comes from a national of a Member State of the European Union whose training, attested by the title mentioned in the fourth paragraph of Article 1 of this decree, concerns material substantially different from those covered by the titles mentioned in the second and third paragraphs, the interested person justifies having acquired the missing skills, at his or her choice, or by passing an organized certificate of qualification
"Art. 7-5.-When the prefect suspended the approval pursuant to the last paragraph of section 5 of the above-mentioned Act of 12 July 1983, the prefect shall, no later than three months after the commencement of the suspension, decide to terminate the suspension or to withdraw the approval under the conditions set out in the same paragraph. »
In the first paragraph of Article 10, the words "and, if any, in Article 2-1" inserted after the words "in Article 2".
Article 12 is supplemented by a second paragraph as follows:
"When, in the exercise of their activity, these employees use a dangerous dog within the meaning of articles L. 211-11 and L. 211-12 of the rural code, they must justify the possession of the detention permit provided for in article L. 211-14 of the same code. »
After Article 12, an article 12-1 is inserted as follows:
"Art. 12-1. - For the purposes of sections 11 and 12 to employees who use, in the exercise of an activity referred to in section 1 of the above-mentioned Act of 12 July 1983, a dangerous dog within the meaning of sections L. 211-11 and L. 211-12 of the rural code, the justification for fitness is provided by the possession of the detention permit referred to in section L. 211-14 of the same Code. »
Each article 8 and 13 shall be supplemented by a paragraph to read:
"These same people are deemed to justify the ability to exercise the surveillance and guarding activity, with the use of a dog, if they hold a qualification or certificate of professional fitness to be a dog conductor, issued by their original administration. »
Decree No. 2005-1123 of 6 September 2005 referred to above is amended in accordance with articles 11 to 17 of this Decree.
Section 1 is replaced by the following:
"Art. 1st.-The leaders and employees of companies carrying out the activity of a private research agency justify their qualification and their professional ability through detention:
"–a professional certification registered in the national directory of professional certifications related to the private research activity;
"a professional qualification certificate developed by the professional branch of the activity concerned, approved by order of the Minister of the Interior;
"—a title recognized by a Member State of the European Union, or by one of the States parties to the European Economic Area Agreement, relating to the activity of a private research agency.
"Art. 1-1.-When a person exercising the activity defined in Article 20 of the law of 12 July 1983 referred to above, as an independent worker or employee, in a Member State of the European Union other than France proposes to go there for the first time in order to carry out this activity on an occasional basis, he makes the statement to the police prefect.
“The statement is accompanied by the following documents:
« 1° proof of his nationality;
« 2° proof of his professional qualifications;
« 3° A certificate certifying that the person concerned is legally established in a Member State to carry out this activity and that there is no ban on the exercise;
« 4° Evidence of absence of a final criminal conviction in a document equivalent to Bulletin No. 2 of the criminal record for a reason incompatible with the exercise of that activity;
« 5° If the activity in question is not specifically regulated in the Member State of Settlement, any evidence that the person concerned has exercised this full-time activity for at least two years over the last ten years.
"In the period of one month from the date of receipt of the statement, the police prefect shall inform the person concerned whether or not he decides to verify his or her professional qualifications, given the existence of substantial differences between the qualifications declared and those required for the issuance of the titles referred to in the second and third paragraphs of Article 1 of this Order. This period may be renewed once the police prefect requests the individual to complete his or her statement.
"If it decides an audit, the police prefect offers the person concerned the opportunity to demonstrate that he has acquired the missing knowledge or skills by submitting himself, within one month, to a fitness test with a professional certification or qualification certificate. The results of the test are communicated to the interested party without delay.
"In the silence of the police prefect after the deadlines mentioned above, or if the results of the audit are favourable, the person concerned shall be deemed to fulfil the conditions of exercise imposed by this decree.
"Forfeits the rights it derives from the preceding paragraph any person who, in the State of the European Union in which it is established to exercise the activity referred to in Article 20, is prohibited from doing so, withdraws the authorization of that exercise or imposes a conviction incompatible with it. »
In the first paragraph of Article 2, the words "Professional certification" are replaced by the words "Professional certification and professional qualification certificate attest".
After Article 3, an article 3-1 is inserted as follows:
"Art. 3-1.-The approval of the professional qualification certificate shall be issued, for a maximum of five years, in respect of a specification of the duties defined by order of the Minister of the Interior.
"It may be removed under the same conditions in case of non-compliance with the specifications. »
In the first paragraph of Article 4, the words "professional certification" are replaced by the words "professional certification or professional qualification certificate".
The title of Chapter II is replaced by the following title:
" Provisions specific to the professional qualification and accreditation of the leaders of private research agencies. »
In Article 5, the words "Professional certification" are replaced by the words "Professional certification and professional qualification certificate attest".
Chapter II is supplemented by the following:
"Art. 7-1.-The approval provided for in Article 22 of the above-mentioned Act of 12 July 1983 is issued by order of the prefect of the department of the main establishment of the company and, in Paris, by the police prefect. When requested by one of the persons mentioned in the 2nd of Article 7-2, the approval shall be issued by the police officer.
"Art. 7-2.- Without prejudice to the other provisions of this Decree, the application for approval shall include:
« 1° For French nationals, a copy of a valid identity document;
« 2° For nationals of a Member State of the European Union or another State Party to the Agreement on the European Economic Area, the copy of a valid identity document or, for nationals of a State having concluded a bilateral agreement with France allowing them to practise the profession of director of private research agency, the copy of their residence permit;
« 3° The justification for aptitude provided for in Article 1 of this Decree;
« 4° For persons exercising the activity referred to in Article 20 of the Act of 12 July 1983 referred to in a member country of the European Union where this activity is not specifically regulated, any exhibit indicating the number of years during which the person concerned has exercised this activity in full time over the last ten years.
"Every document written in a foreign language is accompanied by a translation in French.
"Art. 7-3.-When the application for accreditation comes from a national of a Member State of the European Union whose training, certified by the title mentioned in the fourth paragraph of Article 1 of this Decree, covers material substantially different from those covered by the titles mentioned in the second and third paragraphs, the interested person justifies having acquired the missing skills, at his or her choice, or by passing an organized certificate of qualification
"Art. 7-4.-When the prefect suspended the approval pursuant to the last paragraph of section 5 of the above-mentioned Act of 12 July 1983, the prefect shall, no later than three months after the commencement of the suspension, decide to terminate the suspension or to withdraw the approval under the conditions set out in the same paragraph. »
Articles 3 and 6 to 9 of this Decree come into force on 1 January 2010.
The Minister of the Interior, Overseas and Territorial Communities and the Minister of Defence are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, February 23, 2009.
François Fillon
By the Prime Minister:
The Minister of the Interior,
the overseas and territorial authorities,
Michèle Alliot-Marie
Minister of Defence,
Hervé Morin
