Advanced Search

Decree No. 2009-766 Of 22 June 2009 Amending Decree No. 72-678 Of January 20, 1972, Laying Down The Conditions For The Application Of Act No. 70-9 Of January 2, 1970, Regulating The Conditions For The Exercise Of Activities Relating To Certain Transact...

Original Language Title: Décret n° 2009-766 du 22 juin 2009 modifiant le décret n° 72-678 du 20 janvier 1972 fixant les conditions d'application de la loi n° 70-9 du 2 janvier 1970 réglementant les conditions d'exercice des activités relatives à certaines opérations...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Learn more about this text...

Information on this text

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

Repeal of article 16-4 of the aforementioned decree.
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

ASSESSMENT , ASSESSMENT , ASSESSMENT , ASSESSMENT , ASSESSMENT ,


JORF n°0144 of 24 June 2009 page 10377
text No. 31



Decree No. 2009-766 of 22 June 2009 amending Decree No. 72-678 of 20 January 1972 establishing the conditions for the application of Act No. 70-9 of 2 January 1970 regulating the conditions for the operation of certain operations relating to buildings and trade funds

NOR: JUSC0907902D ELI: https://www.legifrance.gouv.fr/eli/decret/2009/6/22/JUSC0907902D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2009/6/22/2009-766/jo/texte


The Prime Minister,
On the report of the Seal Guard, Minister of Justice,
Considering the agreement on the European Economic Area signed in Porto on 2 May 1992 and the protocol on adaptation of this agreement signed in Brussels on 17 March 1993, in particular its annex VII, together with Act No. 93-1274 of 2 December 1993 which authorizes ratification and decree No. 94-43 of 1 February 1994 which publishes it;
Considering Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications;
Vu la Act No. 70-9 of 2 January 1970 Amending the conditions for the operation of certain transactions relating to buildings and trade funds;
Vu le Decree No. 72-678 of 20 July 1972 Amending the conditions for the application of Act No. 70-9 of 2 January 1970 regulating the conditions for the exercise of activities relating to certain transactions relating to real property and trade funds;
The State Council (inland section) heard,
Decrete:

Article 1 Learn more about this article...


The above-mentioned decree of 20 July 1972 is amended in accordance with articles 2 to 5 of this decree.

Article 2 Learn more about this article...


Sections 16-1 and 16-2 are replaced by the following:
"Art. 16-1.-May obtain the professional card provided for in Article 1, without meeting the conditions set out in section I of this chapter, nationals of a Member State of the European Community or of another State Party to the agreement on the European Economic Area, holders of one or more diplomas or similar training titles sanctioning post-secondary education, of a period of at least one year
« 1° Either these diplomas or titles allow access to any of the activities mentioned in Article 1 of the Law of 2 January 1970 in a Member State or another State Party to the Agreement on the European Economic Area which regulates access to the profession or exercise thereof;
« 2° Whether these diplomas or titles sanction regulated training specifically aimed at accessing one of the activities mentioned in Article 1 of the Act of 2 January 1970 and attest to the preparation of the holder for that exercise, in a Member State or another State Party to the agreement on the European Economic Area that does not regulate access to that profession or exercise;
« 3° Whether these diplomas or titles attest to the preparation of their holder to the exercise of the activities referred to in Article 1 of the Act of 2 January 1970, and that the holder further justifies, in a Member State or a State Party to the Agreement on the European Economic Area that does not regulate access to that activity or exercise, of a full-time exercise of the activity for at least two years in the preceding ten years or
"The diplomas or titles referred to in this article shall be issued either by the competent authority of that State by sanctioning a preponderantly acquired training in a Member State or a State Party or in a third State in educational institutions that provide training in accordance with the legislative, regulatory or administrative provisions of that Member State or party, or by a third State, provided that a certificate is provided, holder of the competent authority of the Member State or
"Art. 16-2.-May obtain the professional card provided for in Article 1 without meeting the conditions set out in section I of this chapter, nationals of a Member State of the European Community or of another State Party to the agreement on the European Economic Area that regulates access to the activities referred to in Article 1 of the law of 2 January 1970, which justify the exercise in full time, on the other
"This exercise is certified by a competent authority of the Member State of origin designated under the legislative, regulatory or administrative provisions of that State. »

Article 3 Learn more about this article...


Section 16-4 is repealed.

Article 4 Learn more about this article...


Chapter II is supplemented by section III, as follows:


“Section III



« Conditions for the exercise of the free provision of services of nationals of a Member State of the European Community or of another State Party to the agreement on the European Economic Area
"Art. 16-6.-The preliminary statement, provided for in Article 8-1 of the Law of 2 January 1970, is made in writing to the police prefect when the service provider first travels to France to provide services in a temporary or occasional manner.
“It is accompanied by the following documents:
« 1° A certificate certifying that the person concerned is legally established in a Member State of the European Community or in another State Party to the Agreement on the European Economic Area without incurring, even on a temporary basis, no prohibition of exercising;
« 2° The evidence that the interested party has exercised the activity for at least two years in the last ten years preceding the performance, if the Member State of the European Community or party to the European Economic Area Agreement does not regulate this activity;
« 3° The justification for the nationality of the provider;
« 4° The rationale for a financial guarantee allowing the refund of the funds, effects or values deposited by the customers and specially allocated to the client;
« 5° The justification for insurance against the monetary consequences of professional civil liability.
"In the event of material change in relation to the situation established by these documents, notably on the occasion of the annual renewal of the declaration when the provider plans to provide services in a temporary or occasional manner in France during the year concerned, the provider provides the police officer with the documents relating to these changes.
"Art. 16-7.-The service is performed under the professional title of the Member State of establishment in the official language or one of the official languages of that State. If the professional title does not exist in the Member State of establishment, the provider refers to its training title in the official languages of that State. »

Article 5 Learn more about this article...


The first paragraph of Article 95 is supplemented by the words: "to land and agricultural experts and forest experts".

Article 6 Learn more about this article...


The Minister of the Interior, Overseas and Territorial Communities, the Minister of Justice, and the Minister of Higher Education and Research are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, June 22, 2009.


François Fillon


By the Prime Minister:


The Seal Guard, Minister of Justice,

Rachida Dati

The Minister of the Interior,

the overseas and territorial authorities,

Michèle Alliot-Marie

Minister of Higher Education

and research,

Valérie Pécresse


Download the document in RTF (weight < 1MB) Extrait du Journal officiel électronique authentifié (format: pdf, weight : 0.2 Mo) Download the document in RDF (format: rdf, weight < 1 MB)