Key Benefits:
The Prime Minister,
On the report of the Minister of Interior, Overseas and Territorial Communities and the Minister of Health and Sports,
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 general code of territorial authorities, including its articles L. 2223-47 to L. 2223-51 ;
Considering 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, including its Article 1 ;
Considering the opinion of the National Funeral Operations Council of 23 September 2008;
The State Council (inland section) heard,
Decrete:
The regulatory part of the general code of territorial authorities is amended in accordance with sections 2 to 4.
Section R. 2223-57 is amended as follows:
1° The second paragraph shall be supplemented by the words: ", or when the applicant requests the application of Article L. 2223-47, a certificate certifying that it fulfils the condition provided for in 1° of that Article; "
2° The fifth paragraph is supplemented by the words: "or conditions of professional exercise, professional experience, pre-training or professional qualifications established by articles L. 2223-47 to L. 2223-51; "
Article R. 2223-60 is supplemented by the words: "or meets the conditions set out in articles L. 2223-47 to L. 2223-51".
After sub-section 5 of chapter III, section 2, title II, of Part II, a sub-section 6 is created as follows:
"Subsection 6
"Recognition of the professional qualifications of nationals of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area
"Art.R. 2223-133. ― For the purposes of sections L. 2223-47 to L. 2223-51 and this subsection, the competent authority is the territorially competent prefect under section R. 2223-56.
"Art.R. 2223-134. ― Where an application is made to obtain recognition of the professional qualifications provided for in section L. 2223-49, the Prefect shall acknowledge receipt of the applicant's file within one month of its referral and shall, where appropriate, inform of any missing documents.
"The prefect shall, by the persons referred to in R. 2223-135, carry out a knowledge verification.At the end of this audit, the prefect or, for the functions of thanatopracter, the Minister responsible for Health validates the verification of knowledge.
"The Prefect shall notify the applicant, if any, of its decision to submit it to a compensation measure. It specifies the contents of the program referred to in R. 2223-136 on which the applicant is interrogated or the duration and content of the adaptation course taking into account the elements collected during the knowledge verification. He further informs him that, if he does not opt between the aptitude test and the adaptation course within one month of the notification of the decision, he will be deemed to have waived his application for recognition of professional qualifications.
"The prefect's decision to recognize professional qualifications is motivated and notified within four months of receipt of the complete record. The decision to use a suitability test or an adaptation course suspends this period until the completion of this compensation measure is completed.
"Art.R. 2223-135. ― Verification of the applicant's knowledge of the recognition of his or her professional qualifications under section L. 2223-50 is carried out in the light of the evidence produced by the applicant.
"It is carried out, with regard to the functions of thanatopractor, by three qualified persons, including one thanatopracter, designated by joint order of the Minister of the Interior and the Minister of Health among the members of the national jury responsible for issuing the diploma of thanatopraxie and, with regard to the other functions, by a training body declared in accordance with articles L. 6351-1 to L. 6351-8 of the Labour Code.
"At the end of this audit, the prefect and, for the functions of thanatopracter, the minister responsible for health shall, if any, receive a proposal on the subjects to be validated from the program of the fitness test as well as the content and duration of the adaptation course that may be required.
"Art.R. 2223-136. ― The program and organizational arrangements for the fitness test and the adaptation course are set by joint order of the Minister of Interior and the Minister responsible for Health.
"The adaptation course provided for in Article L. 2223-50 shall be carried out by a board, undertaking or funeral association authorized in accordance with Article L. 2223-23 and which carries out the funeral activity for which recognition of professional qualifications is sought.
"This course consists in the exercise, as a trainee and under the responsibility of a qualified professional, of the professional activity for which the applicant wishes to obtain recognition of his qualifications.
"The adaptation course is the subject of an assessment, by the person responsible for the internship, validated by the prefect or, for the functions of thanatopractor, by the minister responsible for health. The prefect, after the advice of the Minister for Health for the functions of thanatopractor, may extend the internship once, for a maximum equivalent duration, if the required level is not estimated to be met. The maximum duration of the internship cannot be more than two years for thanatopracters and one year for other functions.
"The success of the fitness test is validated by the prefect or, for the functions of thanatopracter, by the minister responsible for health. In the event of failure, the prefect, after the advice of the Minister responsible for health for the functions of thanatopracter, may propose to the applicant to iron the fitness test or to perform an adaptation course.
"Art.R. 2223-137. ― With respect to thanatopractors, the Minister for Health informs the prefect of the various phases of the application of the compensation measures provided for in section L. 2223-50. The Prefect shall notify the applicant of the results of these different phases. »
The Minister of the Interior, Overseas and Territorial Communities, the Minister of Health and Sports and the Secretary of State within and to the local authorities 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, August 25, 2009.
François Fillon
By the Prime Minister:
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
Minister of Health and Sports,
Roselyne Bachelot-Narquin
Secretary of State inside
and territorial authorities,
Alain Marleix
