Decree No. 2009-327 Of 25 March 2009 On The Recognition Of Professional Qualifications For The Practice Of Regulated Professions In The Field Of Animal Insemination And Activities

Original Language Title: Décret n° 2009-327 du 25 mars 2009 relatif à la reconnaissance des qualifications professionnelles pour l'exercice des activités et professions réglementées dans le domaine de l'insémination animale

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Texts transposed Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (text with EEA relevance) summary Transposition full of directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (text with EEA relevance).
Keywords AGRICULTURE, CODE RURAL, agricultural PROFESSION, activity agricultural, ANIMAL, livestock, animal INSEMINATION, PROFESSION regulated qualifications, recognition, national community, training title, diploma, EQUIVALENCY, European Community, EC, European economic area, EEA, work EXPERIENCE, exercise of the PROFESSION, European DIRECTIVE, TRANSPOSITION COMPLETE JORF n ° 0073 March 27, 2009 page 5473 text no. 20 order No. 2009-327 of 25 March 2009 on the recognition of professional qualifications for the practice of regulated professions in the field of animal insemination and activities
NOR: AGRS0902953D ELI: https://www.legifrance.gouv.fr/eli/decret/2009/3/25/AGRS0902953D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2009/3/25/2009-327/jo/texte Prime Minister, on the report of the Minister of agriculture and fisheries, having regard to directive 2005 / 36 / EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications;
Seeing the rural code, particular articles L. 204 - 1, L. 653 - 4 and L. 653 - 13;
Having regard to the opinion of the National Commission of genetic improvement dated February 16, 2009;
The Council of State (section of public works) heard, enacts as follows: Article 1 more on this article...

After article R. 653 - 87 of the code rural, are inserted two articles thus written: 'Art.R. 653 87-1.-the certificate of fitness is also made on terms laid down by order of the Minister of 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 referred to in article R. 653-87-2, which justifies a training or an attestation of competence of an equivalent or next lower level title , within the meaning of articles 11 and 13 of directive 2005 / 36 of 7 September 2005 on the recognition of professional qualifications, to that required in France to carry out the activities mentioned in article L. 653-4.
'If the access to or the exercise of that activity is not regulated in the Member State of origin, the person concerned must also justify full-time two years of professional experience over the past ten years.
"In the case of substantial differences between, on the one hand, the training he had received and the knowledge acquired during his professional experience and, on the other hand, trained in France to carry out the activities referred to in articles L. 653 - 4, choice, it must undergo an aptitude test or complete an adaptation of a maximum duration of 3 years period.". Their content and the modalities of their organization are fixed by order of the Minister responsible for agriculture.
«Art.R 653-87-2.-professionals who are nationals of a Member State of the European Community or of a State party to the agreement on the EEA European conducting temporary and occasional service benefits are deemed fulfil the conditions laid down in article R. 653 - 87 subject to be legally established in one of these States for this activity and, when neither activity nor the training leading thereto is there are regulated. have exercised in that State for at least two years during the ten years preceding the provision of services.
"When they perform for the first time their performance in France, they must first inform the administrative authority by a written declaration.
"The statement should be directed to the assessment centre authorised the issuing of the certificate of fitness for the functions of insemination technician in bovine, caprine and ovine. It includes the elements provided for in article R. 204 - 1.
"When the verification of the qualifications of the person concerned is appear substantial differences between these qualifications and training required, likely to harm the health or the safety of the beneficiaries of the service, the person concerned is able to demonstrate that he has acquired the knowledge and skills missing by a test of fitness the modalities are specified by order of the Minister responsible for agriculture. ''


Article 2 more on this article...

The article R. 653 II - 88 of the rural code is replaced by the following: 'II '. ― To be admissible, the declaration of the establishment of seed company must be accompanied by the following documents: "1 ° for companies in France:" ― the number of SIRET / SIREN;
"― the veterinary registration as a centre of collection of semen or semen storage centre;
"— the list of all incumbent insemination technicians certificate of proficiency of insemination technician placed under his responsibility, any changes to this list are notified within a period of one month at the Technical Institute in charge of ruminants.
«2 ° for undertakings established in another EU Member State, practicing in France the implementation of the seed of ruminants in the context of freedom to provide service within the meaning of article 49 of the Treaty establishing the Community European: "― any document recognized by the competent authorities of the country of origin of the company stating its establishment in this country;
"― the registration document veterinary as Center semen collection or storage of semen authorized within the meaning of directive no. 88 / 407 / EC laying down the animal health requirements applicable to intra-Community trade and imports of semen of domestic animals of the bovine species;
"— the list of technicians of insemination practicing the establishment of semen of ruminants on the national territory under its responsibility. These insemination technicians must satisfy the conditions laid down by article R. 653 - 87. Any changes to this list shall be notified within a period of one month at the Technical Institute in charge of ruminants. ' Article 3 more on this article...

Article R. 653 - 96 of the rural code is supplemented by an IV and a well written V: 'IV '. ― Head of centre of insemination or inseminator is also licensed, on terms laid down by order of the Minister of agriculture, to professionals, other than those mentioned in V, nationals of a Member State of the Community European or a State party to the European economic area which justify a title training or an attestation of competence issued by the competent authority of the Member State of origin equivalent to or immediately lower within the meaning of articles 11 and 13 of directive 2005 / 36 of 7 September 2005 on the recognition of professional qualifications as required in France to carry out the activities referred to in article L. 653-13.
"If the access to or the exercise of that activity is not regulated in the Member State of origin, professionals must also justify full-time two years of professional experience over the past ten years.
"In the case of substantial differences between, on the one hand, the training he had received and the knowledge acquired during his professional experience and the training required in France to carry out the activities referred to in article L. 653 - 13, to choose from, the applicant must undergo an aptitude test or complete an adaptation of a maximum duration of 3 years period.". Their content and the modalities of their organization are fixed by order of the Minister responsible for agriculture.
«V.-L' access to the exercise as temporary and casual of the professions of head of Center of insemination or inseminator by professionals who are nationals of a Member State of the European Community or of another State party to the European economic area is carried out under the conditions laid down in articles L. 204 - 1 and R. 204 - 1.»


Article 4 more on this article...

The Minister of agriculture and fisheries is responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, March 25, 2009.
François Fillon Prime Minister: the Minister of agriculture and fisheries, Michel Barnier

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