Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Industry and Employment,
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 craft code, including its article 26 ;
Given the education code, including its article L. 335-6 ;
Considering Act No. 46-1173 of 23 May 1946 regulating conditions of access to the hairdresser profession, as amended in particular by Order No. 2008-507 of 30 May 2008 transpositioning Directive 2005 / 36 / EC of the European Parliament and the Council of 7 September 2005 on the recognition of professional qualifications, in particular its article 3-1 ;
In light of Act No. 2000-321 of 12 April 2000 on the Rights of Citizens in Their Relations with Government, including its article 22 ;
Vu le Decree No. 97-558 of 29 May 1997 amended on conditions of access to the hairdresser profession;
The State Council (Finance Section) heard,
Decrete:
In I and II of Article 1 of the above-mentioned Decree of 29 May 1997, the words: "registered or registered" are replaced by the words: "registered or registered when issued".
The title II of the same decree is replaced by the following title:
« Title II: Freedom of establishment of a national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area.»
Article 5 of the above-mentioned Decree of 29 May 1997 is replaced by the following provisions:
“Art. 5. ― A professional national of a Member State of the European Community or another State Party to the Agreement on the European Economic Area that wishes to exercise, on a permanent basis, the effective and permanent control of the professional activity of hairdressing within the framework of a company or one of its establishments is professionally qualified as long as it has previously exercised the activity concerned in one of these States under the following conditions:
« 1 The exercise of this activity must have been effective and lawful with regard to the provisions in force in the State of origin;
« 2 The activity must have been carried out:
“(a) Be for six consecutive years independent or as a business leader;
“(b) For three consecutive years either independently or as a business leader, when the person concerned received, for the hairdressing activity, a pre-training of at least three years sanctioned by a certificate recognized by the State or deemed fully valid by a competent professional body under a State delegation.
"This period is extended to four consecutive years when this certificate punishes pre-training for at least two years;
"(c) Be for three consecutive years in an independent capacity when the employee has engaged in the activity in question as an employee for at least five years;
"3 In the cases referred to in a and c, this activity must not have ended for more than ten years at the time when the interested party seeks from the Chamber of Crafts and the competent craftsmanship the issuance of a professional qualification certificate. »
Article 6 of the same decree is replaced by the following provisions:
“Art. 6. I. ― Subject to the provisions of the III, a professional national of a State, a member or a party, is also professionally qualified to exercise the effective and permanent control of a hairdressing company or of any of its establishments or to exercise, on a permanent basis, the professional hairdressing activity at the home of individuals if it does not meet the conditions set out in Article 5, as long as it holds:
“(a) a certificate of competence or a training certificate that is required by a State, member or party, for the exercise of the hairdressing activity, where the latter regulates the access or exercise of the same activity in its territory;
“(b) Either a certificate of competence or a training certificate that certifies its preparation for the exercise of hairdressing activity, obtained in a State, member or party, which does not regulate this activity.
"The certificate of competence shall be issued by a competent authority designated in accordance with the provisions in force in that State. It certifies a level of professional qualification equivalent to or immediately less than the diplomas and titles mentioned in I and II of Article 1st, and is issued on the basis of either a training that does not give rise to the issuance of a certificate or a diploma, or a specific examination without pre-training or the exercise of the profession in one of these employee states for three effective years as a company leader, an independent worker or »
“II. ― Subject to the provisions of the III, is also professionally qualified the national of a State, member or party, holder of a diploma, title or certificate allowing the exercise of the hairdressing activity acquired in a third State and admitted in equivalence by a State, member or party, and who has also exercised this activity for three years in the State which has admitted equivalence.
"III. ― A professional national of a State, a member or a party, may apply to the Chamber of Trades and the competent craftsman for the issuance of a certificate of professional qualification to exercise professional hairdressing activity at the home of the individual, or its effective and permanent control within the framework of a hairdresser or one of its establishments. This certificate shall be issued to a professional national of a State, a member or a party who shall meet the requirements of article 5 or article I or article II.
"The board may ask the national of a State, member or party, to perform a compensation measure in one of the following cases:
“(a) When the duration of the training certified under the conditions set out in I or II is less than one year less than that required to obtain one of the diplomas or titles mentioned in Article 1;
“(b) When the training received covers material substantially different from those covered by one of the diplomas or titles mentioned in Article 1;
"(c) When the effective and permanent control of the hairdressing activity within the framework of a hairdresser or one of its establishments requires, for the exercise of some of its responsibilities, a specific training that is not provided in the Member State of origin and covers material substantially different from those covered by the certificate of competence or the training title mentioned by the applicant.
"The compensation measure is, at the applicant's choice, an adaptation course or a fitness test.
"Before requesting such a measure, the board shall verify whether the knowledge acquired by the applicant during the course of his or her professional experience in a State, member or party, or in a third State is likely to cover, in whole or in part, the substantial difference in terms of duration or content referred to in a, b or c."
Article 7 of the same decree is replaced by the following provisions:
“Art. 7. I. ― An order of the Minister for Crafts sets out the list of information relating to the application for a professional qualification certificate referred to in Article 6 III and the documents annexed to that request.
"The application for professional qualification certification is addressed to the Chamber of Trades and Crafts of the department where the interested party wishes to exercise. The board acts as a competent authority within the meaning of Article 3 of Directive 2005 / 36 / EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications.
"The room shall issue a receipt that mentions the date of receipt of the full application within one month of its receipt.
"In the event of an incomplete application, the applicant shall notify the applicant of the missing documents within fifteen days of receipt of the missing documents and shall issue the receipt referred to in the preceding paragraph as soon as the file is complete.
"An order by the Minister for Crafts and the Minister of National Education shall designate the body to which the board shall, if any, request an opinion on the level of training of the diploma, title or foreign certificate produced by an applicant and the terms and conditions of that consultation.
“II. ― In the absence of notification of the board's decision within four months of receipt of the full application, recognition of the professional qualification is deemed to be acquired to the applicant.
"When it recognizes professional qualification, the board shall issue a professional qualification certificate to the applicant.
"When a compensation measure is required, the board shall notify the applicant in writing within the time limit mentioned in the first paragraph.
"The decisions of the board are motivated.
"III. ― In case of serious doubt, the board may request the competent authority of another Member State of the European Community or another State Party to the agreement on the European Economic Area to confirm the authenticity of the certificates and training documents issued in that other State.
"In the event of serious doubt, the board may verify with the competent authority of the State, a member or a party, which has issued a training title including a training received in whole or in part in an establishment legally established in the territory of a third State, member or party:
“(a) If the training provided by the institution concerned has been formally certified by the educational institution located in that State;
“(b) If the training certificate issued is the same as that which would have been issued if the training had been fully followed in that State;
"(c) If the course title granted gives the same right of access to the profession in the territory of that State.
"IV. ― The board shall notify the applicant, within the time limit set out in II, of its decision to complete one of the compensation measures provided for in Article 6 III, after a comparison between the qualification certified by the applicant and the qualification or training title referred to in Article 1. This decision lists substances not covered by the qualification certified by the applicant and whose knowledge is essential to exercise the effective and permanent control of a hairdresser or one of its establishments or to exercise professional hairdressing activity at the home of individuals. Only these materials may be the subject of the aptitude test or the adaptation course, the duration of which may not exceed three years.
"When a compensation measure is required by the applicant, the applicant may not exercise the effective and permanent control of a hairdresser or one of its establishments or the professional hairdressing activity at the home of the individual until a professional qualification certificate has been issued to the applicant.
"The applicant informs the board of his choice of following an adaptation course or passing an aptitude test.
"A disputed appeal against the decision of the board to request compensation shall be preceded, barely irreceivable, by an administrative remedy exercised, within two months of notification of that decision, with the prefect of the department where the board has its seat.
"V. ― The aptitude test takes the form of an examination before a jury appointed to the chamber, organized in terms defined by a review by the permanent assembly of the Chambers of Crafts, after the advice of the most representative professional organizations and approved by a decree of the minister responsible for crafts.
"The suitability test shall be held within six months from the date of receipt by the board of the applicant's decision to opt for this test.If not, the recognition of the professional qualification shall be deemed to have been acquired and the board shall establish a certificate of professional qualification.
"At the end of the aptitude test, the board shall issue, within one month, a certificate of professional qualification to the applicant who has passed the test.
"VI. ― Within one month of receipt of the applicant's decision to opt for the accommodation, the board shall send a list of all organizations that may organize the training to the applicant.In the absence of the recognition of the professional qualification, the board shall establish a certificate of professional qualification.
"At the end of the adaptation course, the applicant sends to the board a certificate certifying that he completed the course, accompanied by an assessment of the organization that organized it. On the basis of this certificate, the board shall issue a certificate of professional qualification to the individual within one month. »
Article 8 of the same decree is replaced by the following provisions:
“Art. 8. ― Without prejudice to the relevant international conventions and mutual recognition arrangements, the national of a third State shall enjoy, for the purposes of this decree, the same rights as a community national from that date:
“(a) That he holds a training title issued in a third State and recognized by a Member State of the European Community or by another State Party to the Agreement on the European Economic Area which attests to a level of professional qualification equivalent to that defined in Article 6 I;
“(b) And that he exercised the activity in one of these states for three effective years.
"The competent authority of the State, member or party, shall issue a certificate of competence to the national of a third State who fulfils these conditions.
"The citizen of a third State may obtain from the Chamber of Crafts and the competent craftsmanship the issuance of a certificate of professional qualification in accordance with the terms set out in Article 7."
Article 9 of the same decree is replaced by the following provisions:
“Art. 9. ― The certificate of competence required for the exercise of the profession of hairdresser in a Member State of the European Community or another State Party to the Agreement on the European Economic Area is issued by the Chamber of Trades and Crafts of the department where the applicant resides, in accordance with the terms provided for in Article 7 for the issuance of the certificate of professional qualification. »
Article 10 of the same decree is amended as follows:
1 In the second paragraph, the words: “qualified in the sense of the collective agreement of hairdressing” are deleted;
2 At the end of the second paragraph, a sentence is added: "In the event of a check, a national of a State, a member or a party, justifies that he fulfils the conditions to exercise the effective and permanent control of the hairdressing activity, by producing a certificate of professional qualification within four months from the notification of the check. In this period or until the notice of the decision of the Chamber of Trades and Crafts to request it to perform a compensation measure pursuant to Article 6 III, the penalties provided for in Article 6Article 5 of the Act of 23 May 1946 referred to above are not applicable. »
After Article 11 of the same decree, two articles are inserted:
"Art. 11-1. ― Where a suitability test or an adaptation course is conducted pursuant to Article 6 III, or where the board has requested an opinion on the level of training of the diploma, title or foreign certificate produced by the applicant pursuant to Article 7, I, the application for a certificate may be subject to the payment by the applicant of a right whose amount, fixed by order of the minister responsible for craftsmanship, cannot exceed the cost of an instruction It is established and recovered by the Chamber of Crafts and Crafts for its benefit.
"Art. 11-2. ― The Chambers of Crafts and Crafts shall provide the Minister for Crafts with a statistical record of the decisions made pursuant to this Order, in accordance with the terms defined by the Minister's Order. »
The Minister of Economy, Industry and Employment, the Minister of National Education and the Secretary of State for Trade, Crafts, Small and Medium Enterprises, Tourism and Services are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, March 31, 2009.
François Fillon
By the Prime Minister:
Minister of Economy,
industry and employment,
Christine Lagarde
Minister of National Education,
Xavier Darcos
Secretary of State
responsible for trade, crafts,
small and medium-sized enterprises,
tourism and services,
Hervé Novelli
