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. 204-1, L. 653-4 and L. 653-13 ;
Considering the opinion of the National Commission for Genetic Improvement of 16 February 2009;
The State Council (section of public works) heard,
Decrete:
After the article R. 653-87 of the rural code, two articles are inserted as follows:
"Art.R. 653-87-1.-The certificate of fitness shall also be assigned, in accordance with the terms fixed by an order of the Minister responsible for agriculture, to any national of a Member State of the European Community or of a State Party to the agreement on the European Economic Area, other than those mentioned in Article R. 653-87-2, which justifies an item of training or a certificate of competence immediately mentioned
"If access or exercise of this activity is not regulated in the Member State of origin, the individual must also justify two years of full-time professional experience over the last ten years.
"In the event of substantial differences between, on the one hand, the training he has received and the knowledge he has acquired during his professional experience and, on the other hand, the training required in France to carry out the activities referred to in articles L. 653-4, the latter must, at the option, undergo a fitness test or perform an adaptation course of up to 3 years. Their content and the terms and conditions of their organization are determined by order of the Minister for Agriculture.
"Art.R. 653-87-2.-Professionals who are nationals of a Member State of the European Community or a State Party to the Agreement on the European Economic Area that perform on a temporary and occasional basis the benefits of service shall be deemed to fulfil the conditions set out in Article R. 653-87 subject to being legally established in one of these States to exercise this activity and, where neither activity nor training is carried out there
"When they first perform their performance in France, they must first inform the administrative authority by a written statement.
"The declaration must be addressed to the assessment centre authorized to issue the certificate of fitness for the functions of insemination technician in beef, caprine and ovine species. It includes the elements provided for in section R. 204-1.
"When an audit of the professional qualifications of the person concerned reveals a substantial difference between these qualifications and the required training, which would adversely affect the health or safety of the recipients of the service, the individual is in a position to demonstrate that he has acquired the knowledge and skills missing by a suitability test, the terms and conditions specified by the Minister responsible for agriculture. »
Article R. 653-88 of the Rural Code is replaced by the following provisions:
“II. ― To be admissible, the declaration of the seeding company must be accompanied by the following:
« 1° For companies installed in France:
“– the number of SIRET/ISREN;
"– the veterinary registration number as a sperm collection centre or seed storage centre;
"—the list of all insemination technicians who hold the certificate of fitness for the functions of insemination technicians under his responsibility, any modification of this list being notified within one month to the technical institute in charge of ruminants.
« 2° For companies established in another Member State of the European Union, practicing in France the establishment of ruminant seed within the framework of free service delivery within the meaning of Article 49 of the Treaty establishing the European Community:
"any document recognized by the competent authorities of the country of origin of the company attesting to its establishment in that country;
"– the veterinary registration document as a semen collection centre or registered seed storage centre within the meaning of Directive 88 / 407 / EC fixing health police requirements for intra-community exchanges and imports of animal sperm of the bovine species;
"—the list of insemination technicians practicing the development of ruminant seed in the national territory under its responsibility. These insemination technicians must meet the requirements of section R. 653-87. Any modification of this list shall be notified within one month to the Technical Institute in charge of ruminants. »
Article R. 653-96 of the rural code is supplemented by an IV and a V as follows:
"IV. ― The licence of head of centre of insemination or inseminator shall also be issued, in accordance with the terms fixed by order of the Minister responsible for agriculture, to professionals, other than those mentioned in the V, nationals of a Member State of the European Community or of a State Party to the European Economic Area that justify a training title or a certificate of competence issued immediately by the competent authority of the Member State of 2005
"If access or exercise of this activity is not regulated in the Member State of origin, professionals must also justify two years of full-time professional experience over the last ten years.
"In the event of substantial differences between, on the one hand, the training he has received and the knowledge he has acquired during his professional experience and, on the other hand, the training required in France to carry out the activities referred to in Article L. 653-13, the applicant must, at his or her choice, submit to an aptitude test or perform an adaptation course of up to 3 years. Their content and the terms and conditions of their organization are determined by order of the Minister for Agriculture.
"V.-Access to the temporary and occasional exercise of the professions of head of center of insemination or inseminator by professionals national of a Member State of the European Community or of another State Party to the European Economic Area is carried out under the conditions provided for in articles L. 204-1 and R. 204-1. »
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, March 25, 2009.
François Fillon
By the Prime Minister:
Minister of Agriculture and Fisheries,
Michel Barnier