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Decree No. 2009-696 15 June 2009 Amending Regulation And The Code Of The Professional Duties Of The Profession Of Surveyor

Original Language Title: Décret n° 2009-696 du 15 juin 2009 modifiant le règlement et le code des devoirs professionnels de la profession de géomètre expert

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Texts transposed

Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications (Text of interest to the EEA)

Summary

Complete transfer of Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications (Text of interest to the EEA).

Keywords

ECOLOGY , DEONTOLOGY , CODE OF PROFESSIONAL , REGULATION , GEOMETER EXPERT , EXERCISE OF THE PROFESSION , PROFESSIONAL QUALIFICATION , RECONNAISSANCE , COMMUNITIVE RESOLUTION , PROFESSIONAL EXPERIENCE ,


JORF n°0138 of 17 June 2009 page 9856
text No. 1



Decree No. 2009-696 of 15 June 2009 amending the regulation and code of professional duties of the expert geometer profession

NOR: DEVU0901662D ELI: https://www.legifrance.gouv.fr/eli/decret/2009/6/15/DEVU0901662D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2009/6/15/2009-696/jo/texte


The Prime Minister,
On the report of the Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management,
Having regard to Directive 2005 / 36 / EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications;
Considering Directive 2006 / 123 / EC of the European Parliament and of the Council of 12 December 2006 on services in the domestic market, in particular its article 14;
Vu la Act No. 46-942 of 7 May 1946 establishing the order of the expert geometers, last amended by Order No. 2008-507 of 30 May 2008;
In light of Act No. 2000-321 of 12 April 2000 on the Rights of Citizens in Their Relations with Government, including its article 21 ;
Having regard to the amended Decree No. 96-478 of 31 May 1996 concerning the regulation of the profession of expert geometer and the code of professional duties;
Vu le Decree No. 97-34 of 15 January 1997 amended on the deconcentration of individual administrative decisions;
Vu le Decree No. 97-1198 of 19 December 1997 amended for the application to the Minister of Equipment, Transport and Housing of the 1st of Article 2 of Decree No. 97-34 on the deconcentration of individual administrative decisions;
Having regard to the advice of the Higher Council of the Order of Experts of 16 September 2008;
The State Council (section of public works) heard,
Decrete:

Article 1 Learn more about this article...


The above-mentioned decree of 31 May 1996 is amended in accordance with articles 2 to 22 of this decree.

Article 2 Learn more about this article...


The third paragraph of Article 2 is deleted.

Article 3 Learn more about this article...


In the second paragraph of Article 3, the words: "or the expert geometers interns nationals of the European Community or of a State party to the agreement on the European Economic Area" are deleted.

Article 4 Learn more about this article...


In Article 4, the words: "and by nationals of a Member State of the European Community or a State Party to the European Economic Area Agreement" are deleted.

Article 5 Learn more about this article...


Section 7 is replaced by sections 7 and 7-1 to 7-3 as follows:
"Art. 7.-The provisions of this chapter shall apply to any national of a Member State of the European Union or to the Agreement on the European Economic Area.
"Art. 7-1.-I. ― Subject to the provisions of the III, a national of a State referred to in Article 7 shall be recognized as qualified within the meaning of Article 4 of Article 3 of the Law of 7 May 1946 if he holds a certificate of competence or a title of formation that one of these States other than France prescribed to access the profession of expert geometer in his or her territory or to exercise it.
"The competency certificate or training title must:
« 1° Have been issued by a competent authority of one of the aforementioned States;
« 2° Undertake a training course on the level of secondary education, for a minimum of three years, equivalent to 180 credits from the European system of transferable credits (ECTS), or a term equivalent to part-time, provided at a university or higher education institution or at another institution of the same level of training, sanctioned by a degree, certificate or title.
“II. ― Subject to the provisions of the III, is also recognized as qualified the national of one of the States referred to in Article 7, who holds one or more certificates of competence or one or more training certificates attesting that he was prepared for the exercise of the profession of expert geometer, and who exercised this profession full-time for two years in the preceding ten years in one of the States mentioned above that does not regulate this profession.
"These certificates or titles must meet the conditions of 1° and 2° of I of this article.
"However, two years of professional experience are not required when the inmate training title(s) sanction regulated training.
"Regulated training means any training that specifically targets the exercise of the profession of expert geometer and which consists of a cycle of studies completed, if any, by vocational training, professional training or professional practice determined by the legislative, regulatory or administrative provisions of one of the States mentioned in Article 7 or subject to control or approval by the authority designated for that purpose by that State.
"III. ― In addition to the conditions set out in I and II, the Minister responsible for urban planning may decide that the national will perform an adaptation course for a maximum of three years or submit to a suitability test before he is determined on the recognition of his qualification:
“(a) When the training of the national relates to material substantially different in terms of the duration and content of those in both the program of the Property Expert Geometer Diploma and the program of the Geometer Engineer Diploma;
“(b) Or where one or more of the professional activities mentioned in 1st of Article 1 of the Law of 7 May 1946 referred to above does not exist in the corresponding profession in the State where the national has acquired his or her professional qualifications and that they are the subject of a specific training set out in both the program of the geometer diploma and the program of the geometer engineering degree and relating to material substantially different in terms of duration and content of those covered by the proficiency certificate or the training title referred to by the national.
"Previously to the Minister's decision, the Minister shall verify whether the knowledge acquired by the national during his or her professional experience is likely to cover all or part of the differences mentioned in a and b.
"The national has the choice between the adaptation stage and the aptitude test.
"Art. 7-2.-For the purposes of Article 7-1, I and II, is considered to be a training title, including on the level concerned, any professional qualification which, without meeting the requirements for access to the profession of geometer expert by the Member State of the European Union or party to the agreement on the European Economic Area where this qualification has been acquired, nevertheless confers on its provisions of the profession acquired for
"Art. 7-3.-A national of one of the States referred to in section 7, who wishes to be recognized as qualified pursuant to the provisions of sections 7-1 and 7-2, shall apply to the Minister responsible for urban planning who shall rule after notice of the commission provided for in section 8.
"The request for recognition of qualification is accompanied by a record whose composition is fixed by decree of the Minister responsible for urban planning. »

Article 6 Learn more about this article...


Article 10 is thus written:
"Art. 10.-The opinion of the commission provided for in Article 8 is to respect the provisions of Articles 7, 7-1 and 7-2.
"The commission makes a comparison between the training required in France to practise the profession of expert geometer and that received by the applicant. When this review reveals a substantial difference in training within the meaning of (a) or (b) of Article 7-1, the Panel shall verify whether the knowledge acquired by the applicant during his or her professional experience is likely to cover all or part of that difference.
"When the Commission recommends that the applicant complete an adaptation course or submit to a suitability test, the Board's notice shall cover the duration and content of the course and the list of materials subject to the suitability test. »

Article 7 Learn more about this article...


Section 11 is amended to read:
1° In the first paragraph, the words: "four-month period" are replaced by the words: "three-month period";
2° This same first paragraph is supplemented by the following sentence: "The lack of response within this period is a rejection of the application. » ;
3° The third paragraph is deleted.

Article 8 Learn more about this article...


Section 14 is amended to read:
1° In the first paragraph, after the words: "in Article 11" are inserted the words: "is organized by the Higher Council of Order and";
2° The third paragraph reads as follows:
"The regional council in which the internship was completed shall determine the validation of the internship after notice of the commission provided for in section 5. »

Article 9 Learn more about this article...


Section 15 is amended to read:
1° In the first paragraph, the words: "who are not covered by the diplomas, certificates or titles referred to by the applicant" are replaced by the words: "who are not covered by the certificates, diplomas, certificates or titles referred to by the applicant or by the knowledge he acquired during his professional experience";
2° The last paragraph is deleted.

Article 10 Learn more about this article...


Chapter II of title I is supplemented by an article 15-1 as follows:
"Art. 15-1.-The applicant who seeks recognition of his qualification may, at the same time, apply for registration in the table of the order of the expert geometers. However, it can only intervene after the qualification has been recognized. »

Article 11 Learn more about this article...


In article 16, the ninth paragraph (4°) is as follows:
« 4° The reference to the diploma a of the 4th of Article 3 of the Law of 7 May 1946 referred to above or the date of the ministerial decision for recognition of qualification, if any, accompanied by the reference to the training title taken into account to recognize the qualification. »

Article 12 Learn more about this article...


The first paragraph of Article 17 is as follows:
"Applications to the table are presented and instructed in the forms fixed by an order of the Minister responsible for urban planning. The Commissioner of the Government or his delegate is informed of these requests. »

Article 13 Learn more about this article...


Section 1 of Chapter III of Title I is supplemented by an article 20-1 as follows:
"Art. 20-1.-All natural persons listed in the table of the order of the expert geometers bear the title of expert geometer.
"In addition to the wearing of this title, the expert geometer listed in the table after being recognized as qualified under articles 7 to 15 may also use the training title taken into account to recognize its qualification, and possibly its abbreviation, in the language of the State where this title was issued. »

Article 14 Learn more about this article...


In the first paragraph of Article 33, the words: "Expert geometers, expert geometer societies and professionals covered by Article 33Article 2-1 of the Act of 7 May 1946 referred to above are replaced by the words: "Expert geometers and expert geometer societies".

Article 15 Learn more about this article...


In the last paragraph of section 35, the words "Articles 2-1, 9-1 and 9-2" are replaced by the words "Articles 9-1 and 9-2".

Article 16 Learn more about this article...


Sections 37 to 43 are replaced by sections 37 to 43-2 as follows:
"Art. 37.-This title is applicable to professionals mentioned inArticle 2-1 of the Act of 7 May 1946 referred to above and coming to perform temporary and occasional work within the national territory of the 1st of Article 1 of the said Law.
"Art. 38.- 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 provider mentions its training title.
"The professional title or the training title is indicated in the official language or in one of the official languages of the institution State, followed by the names and place of the institution or the jury that issued it, so as to avoid confusion with the professional title of expert geometer.
"Art. 39.-Previously at its first service delivery on the national territory, the professional must forward to the Conseil Supérieur de l'ordre des géomètres Experts, by all means, a statement in French language referring to the insurance provided for in sections 2-1 and 9-1 of the above-mentioned Act of 7 May 1946:
"– the social reason and address of the insurance company;
“– the references and the period of validity of the contract;
"—the extent and amount of guarantees.
"Art. 40.-The declaration provided for in Article 39 shall be accompanied by the following documents:
" – a certificate certifying that the professional is legally established in a Member State of the European Union or a party to the agreement on the European Economic Area to practise the profession of expert geometer;
"When neither the profession of expert geometer nor the training leading to this profession is regulated in this institution, the evidence by any means that the professional has exercised this profession for at least two years in the ten years preceding the performance.
"To these documents are attached as necessary their translations in French.
"The declaration provided for in Article 39 shall also be accompanied by such documents in the event of material change relating to the situation established by them.
"Art. 41.-The President of the Higher Council of the Order of Expert Geometers is empowered to request the competent authority of the State of establishment of a professional communication of all relevant information on the legality of this institution.
"Art. 42.-The professional shall be obliged to comply with the provisions of Articles 45, 46, 48, 49, paragraphs 2 and 3, 49-1, 50, 55, paragraph 1, and 56 for the benefits he performs in the national territory.
"It must focus on customer satisfaction but must refuse any mission not compatible with the provisions of the previous paragraph.
"Art. 43.-In the event of a breach of professional secrecy or of the obligation of insurance provided for in section 2-1 of the above-mentioned Act of 7 May 1946 or in respect of the rules referred to in section 42 above, the professional shall be liable to disciplinary penalties provided for in the last paragraph of section 24 of that Act imposed under the conditions of section 82 and chapters II, III and IV of heading VI of this Decree.
"Art. 43-1.-At the request of a competent authority of a professional establishment State, the President of the Higher Council of the Order of Expert Geometers shall communicate to that authority the disciplinary penalties imposed by the councils of the order against that professional.
"This communication does not affect the confidential nature of the information provided.
"Art. 43-2.-The provisions of Article 36 are applicable to the conciliation of professional conflicts between the professional and the expert geometers, associated expert geometers or expert geometer companies.
"At the request of the professional, the President of the Higher Council for the Order of Expert Geometers designates the Regional Council Chair for conciliation. »

Article 17 Learn more about this article...


In the first paragraph of section 49, the word "chapter" is replaced by the word "title".

Article 18 Learn more about this article...


After section 49, an article 49-1 is inserted as follows:
"Art. 49-1.-Previously at the conclusion of any contract for the provision of services, the expert geometer is required to bring to the customer the social reason and address of its insurance company, the references and the period of validity of the contract, the extent and amount of guarantees. »

Article 19 Learn more about this article...


In the first paragraph of Article 61 and Article 70, the words: "French nationality" are deleted.

Rule 20 Learn more about this article...


In title VI, chapter VI becomes chapter VII and a new chapter VI is inserted after chapter V, as follows:


“Chapter VI



"From the communication of information concerning expert geometers with the competent authorities of the Member States of the European Union or parties to the agreement on the European Economic Area
"Art. 119-1.-The President of the Higher Council for the Order of Expert Geometers is empowered to request the competent authorities of the Member States of the European Union or parties to the Agreement on the European Economic Area any information on disciplinary sanctions and sanctions of the same nature as those mentioned in 2° (a) of the European Economic AreaArticle 3 of the Act of 7 May 1946 referred to above, passed in force of judgment and pronounced in these states against an expert geometer.
"Art. 119-2.-A at the request of a competent authority of a Member State of the European Union or a party to the agreement on the European Economic Area in the territory of which an expert geometer executes or declares that it intends to perform a service delivery, the President of the Higher Council of the Order of Experts shall communicate to that authority:
" ― all relevant information on the legality of the establishment in France of the expert geometer. If the expert geometer is, on the date of communication, subject to a temporary prohibition to exercise for default of insurance provided for in the communicationArticle 9-2 of the Act of 7 May 1946 referred to above, mention is made;
"—the disciplinary penalties imposed by the boards of the order against this expert geometer as a force of action.
"This communication does not affect the confidential nature of the information provided. »

Article 21 Learn more about this article...


After Article 124, two articles 124-1 and 124-2 are inserted as follows:
"Art. 124-1.-In addition, the expert geometers are authorized to carry out an intermediary or real estate activity:
« 1° Who produces the certificate of competence or the title of training that one of the States mentioned in Article 7 prescribed to exercise the activity in its territory;
« 2° Or that produce one or more certificates of competence or one or more training titles certifying that they have been prepared for the exercise of the activity, and that have exercised this activity full-time for two years in the preceding ten years in one of the States mentioned in Article 7 which does not regulate this activity.
"These certificates and titles must have been issued by a competent authority of the State of origin.
"However, two years of professional experience are not required when the inmate training title(s) sanction regulated training.
"Regulated training means any training that specifically targets the exercise of intermediary or real estate management activity and that consists of a completed cycle of studies, if any, by vocational training, professional training or professional practice. The structure and level of vocational training shall be determined by the legislative, regulatory or administrative provisions of one of the States referred to in Article 7 or shall be subject to control or approval by the authority designated for that purpose by that State.
"Art. 124-2.-For the purposes of Article 124-1, any professional qualification which, without meeting the requirements for the exercise of real estate activity by the Member State of the European Union or a party to the agreement on the European Economic Area where this qualification has been acquired, nevertheless confers on its holder the rights acquired in the exercise of that legislative activity, »

Article 22 Learn more about this article...


In Article 157, after the words: "in Article 124" are inserted the words "or in Article 124-1".

Article 23 Learn more about this article...


B of Title IIAnnex to the above-mentioned Decree of 19 December 1997 is completed as follows:



"Measure taken by the Minister responsible for urban planning


Decree No. 96-478 of 31 May 1996 regulation of the profession of expert geometer and code of professional duties


1

Decision on recognition of professional qualifications of nationals of a Member State of the European Community or a State Party to the Agreement on the European Economic Area

Article 11, first and second subparagraph

Article 24 Learn more about this article...


The Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management, is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done in Paris, June 15, 2009.


François Fillon


By the Prime Minister:


Minister of State, Minister of Ecology,

of energy, sustainable development

and landscaping,

Jean-Louis Borloo


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