Key Benefits:
The Prime Minister,
On the report of 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 sport code, including its articles L. 212-1, L. 212-7 and L. 212-11 ;
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 ;
The State Council (inland section) heard,
Decrete:
In section R. 212-84 of the Sport Code, the words: "of a commission comprising representatives of the administration, employers and technical personnel and whose organization is fixed by order of the Minister responsible for sports" are replaced by the words: "of the qualification recognition board, whose composition, including representatives of the administration, employers and technical personnel, and the organization are fixed by order of the Minister responsible for sports. »
Section 2 of Chapter II of Book II title I of the Sport Code (regulatory part) is replaced by the following provisions:
“Section 2
"Requirement for declaration of activity
"Subsection 1
"People with diplomas, career-based titles
or qualification certificates required
"Art.R. 212-85.-Any person who wishes to perform any of the functions referred to in section L. 212-1 and who holds the diplomas, professional finality titles or qualification certificates on the list agreed by the Minister of Sports under section R. 212-2 shall make the declaration to the prefect of the department in which he intends to exercise his or her primary activity.
"The declaration is renewed every five years. The prefect is informed of any changes to any of the elements contained therein.
"The necessary documents for the declaration of activity and its renewal shall be determined by order of the Minister for Sports.
"Art.R. 212-86.-The prefect, after having acknowledged receipt of the statement referred to in section R. 212-85 in the month following its filing, shall issue a professional card of a sports educator to any person who has a degree, professional purpose or qualification certificate entered on the list provided for in section R. 212-2, excluding persons who have been convicted of the measures referred to in section R. 212-2.
"The professional card refers to the degree, professional purpose or qualification certificate and the exercise conditions for each certification.
"The professional card is temporarily or permanently removed from any person who has been convicted of any of the convictions or measures referred to in sections L. 212-9 and L.-13 212.
"Art.R. 212-87.-Any person who has a degree, a professional purpose or a qualification certificate entered on the list agreed by the Minister responsible for sports under section R. 212-2 who wishes to perform any of the duties referred to in the first paragraph of section L. 212-1 must make the statement to the prefect of the department in the conditions referred to in section R. 212-87.-
"The prefect delivers a certificate from a trainee.
"Subsection 2
"Residents of a Member State of the European Community or another State Party to the Agreement on the European Economic Area wishing to settle in France
"Art.R. 212-88.-Any citizen of a Member State of the European Community or of another State Party to the Agreement on the qualified European Economic Area to carry out all or part of the activities in the functions referred to in Article L. 212-1 in accordance with the conditions referred to in Article R. 212-90 and who wishes to establish himself in the national territory for that purpose must make the declaration before the prefect of the department
"However, where the statement relates to a specific environmental activity within the meaning of the provisions of section L. 212-7, the competent prefect is specified by order of the Minister responsible for sports.
"The declaration is renewed every five years. The prefect is informed of any changes to any of the elements contained therein.
"The applicant justifies the knowledge of the French language required by section 1 of 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 recognition of professional qualifications, in particular in order to ensure the safe exercise of physical and sport activities and its ability to alert relief workers.
"The necessary documents for the declaration of activity and its renewal shall be determined by order of the Minister for Sports.
"Art.R. 212-89.-The prefect, after having acknowledged receipt of the statement referred to in section R. 212-88 in the month following its filing, shall issue a professional card of a sports educator to the declarant whose professional qualifications meet the conditions of recognition referred to in section R. 212-90, excluding persons who have been the subject of one of the convictions or measures referred to in sections L-13.
"The professional card allows the declarant to carry out his or her activity in the national territory under the same conditions as the holders of the diplomas, professionally-finished titles or qualification certificates on the list agreed by the Minister responsible for sports under section R. 212-2.
"The professional card refers to the conditions for the performance of the professional qualification of the declarant certified in accordance with 1°, 2°, 3° or 4° of Article R. 212-90 for all or part of the activities in the functions referred to in Article L. 212-1.
"The professional card is temporarily or permanently removed from any person who has been convicted of any of the convictions or measures referred to in sections L. 212-9 or L.-13 212.
"Art.R. 212-90.-Is deemed to meet the qualification requirement to perform all or part of the activities in the functions referred to in Article L. 212-1, any national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area that is in one of the following situations:
« 1° Being a holder of a certificate of competence or a training title prescribed and issued by the competent authority of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area in which access to the activity or exercise is regulated and which attests, for all or part of the activities in the functions referred to in Article L. 212-1, to a level of qualification immediately at least equivalent to the level required EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications;
« 2° To justify having exercised the activity, in a Member State of the European Community or another State Party to the Agreement on the European Economic Area which does not regulate access to the activity or its exercise, at a full time for at least two years in the preceding ten years or for an equivalent period in the case of a part-time exercise and to be holder of one or more certificates of competence or one or more titles of training issued by the EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications;
« 3° Be a holder of a qualification level at least equivalent to the level immediately below that required in the national territory within the meaning of section 11 of Directive 2005 / 36 / EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications issued by the competent authority of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area that does not regulate access to the activity or exercise thereof, punishing a regulated training aimed specifically at the exercise of all or part of the activities in the functions referred to in Article L. 212-1 and consisting in a practical cycle of
« 4° Be a holder of a title acquired in a third State and admitted in equivalence in a Member State of the European Community or another State Party to the Agreement on the European Economic Area which regulates the exercise of the activity and justify having carried out this activity for at least two years in that State.
"Art.R. 212-90-1.-For the exercise of all or part of the activities in the functions referred to in Article L. 212-1, the professional qualification of the declarant, certified in accordance with 1°, 2°, 3° or 4° of Article R. 212-90, is considered as having a substantial difference with the professional qualification required in the national territory, when the training of the declarant is not of a third party to guarantee it
"When the prefect considers that there is a substantial difference and after verifying that this difference is not entirely covered by the knowledge acquired by the declarant during his professional experience, he shall, for advice, refer to the Qualification Recognition Board within the time limit referred to in R. 212-89.
"In the period of one month from the date of its referral, the commission shall decide on the existence of a substantial difference and proposes, if any, to the prefect, if it considers that the knowledge acquired by the declarant during his or her professional experience is not of a nature to cover, in whole or in part, the substantial difference found, to submit the declarant to a suitability test or to an adaptation internship of a maximum period of time After learning the Board's opinion, the prefect may require that the registrant choose either to submit to a suitability test or to perform an adaptation course, which he specifies the terms and conditions, depending on the material difference and the knowledge acquired by the registrant during his professional experience. The declarant makes his choice between the aptitude test and the adaptation stage within one month.
"For activities operating in a specific environment within the meaning of the provisions of Article L. 212-7, the Commission, before issuing its opinion, shall, where they exist, consider the specialized consultation bodies. After deciding on the existence of a substantial difference, the commission proposes, if any, to the prefect, by derogation from the right of option open to the declarer between the suitability test and the adaptation stage and for reasons that respect the safety of the persons, to submit the declarant to a suitability test. Upon receiving the notice of the commission, the prefect may require the registrant to submit to a suitability test.
"An order by the Minister responsible for sports determines, for each activity in a specific environment, the criteria for assessing the substantial difference, the program, the organization and evaluation of the fitness test and lists the establishments in which it is organized. The commission proposes and the prefect determines the subjects of the program on which the registrant is tested, based on the substantial difference and the knowledge acquired by the registrant during his professional experience.
"Art.R. 212-90-2.-The prefect's decision to issue a professional card comes within three months of the submission of the full file of the declarant. This period may be extended for one month by reason of decision.
"In the event that the prefect decides not to issue a professional card or to submit the declarant to an aptitude test or to make him perform an adaptation internship, this decision is motivated.
"Art.R. 212-91. - Activities in a specific environment within the meaning of the provisions of Article L. 212-7 are:
« 1° Skiing and its derivatives;
« 2° Alpineism;
« 3° Subaquatic diving;
« 4° Parachuting;
« 5° Speleology.
"Subsection 3
"Residents of a Member State of the European Community or another State Party to the Agreement on the European Economic Area wishing to exercise within the framework of a service delivery
"Art.R. 212-92. - Subject to having sent a declaration to the prefect under the conditions provided for in this article, may exercise in the national territory all or part of the activities in the functions referred to in Article L. 212-1, on a temporary and occasional basis and without being established, the nationals of a Member State of the European Community or another State Party to the agreement on the European Economic Area legally established in one of these States to exercise these activities,
"The competent prefect is that of the department where the declarant intends to provide most of the benefit. However, where the statement deals with specific environmental activities within the meaning of the provisions of section L. 212-7, the competent prefect is specified by order of the Minister for Sports.
"The declaration is renewed every year. The prefect is informed of any changes to any of the elements contained therein.
"The applicant justifies the knowledge of the French language required by section 1 of 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 recognition of professional qualifications, in particular in order to ensure the safe exercise of physical and sport activities and its ability to alert relief workers.
"By this declaration is satisfied with the obligation that section L. 322-3 imposes on employers as responsible for the establishments where one or more physical and sporting activities are performed as long as they do not have their principal place of business in France.
"The necessary documents for the declaration of the first benefit and its renewal shall be determined by order of the Minister responsible for sports.
"Art.R. 212-93.-In the first performance, the prefect may, for the purpose of avoiding serious harm to the safety of the beneficiaries of the service delivery, conduct a screening of the professional qualifications of the service provider.
"In the month following receipt of the declaration file, the prefect shall notify the provider, as the case may be:
« 1° Where applicable, a reasoned request for additional information and the additional time required prior to the expiry of which it will inform it of its decision, in any event before the end of the second month following the receipt of the additional information;
« 2° In the event that it does not conduct the qualification verification, a receipt of a service delivery declaration that allows it to carry out its activity on the national territory under the same conditions as the holders of the diplomas, professional finality titles or qualification certificates on the list agreed by the Minister for Sports under section R. 212-2;
« 3° In the event that he conducts the examination of qualifications, his decision is to issue the receipt referred to in 2°, or to submit it to a suitability test when this verification shows that there is between his professional qualifications and the professional qualifications required in the national territory a substantial difference in the security of the recipients of the service delivery, in order to verify whether the knowledge he has acquired during the course of his professional experience is the difference.
"In all cases, the delivery of services must be available within three months of receipt of the complete return package.
"In the absence of a response within the above mentioned deadlines, the provider is deemed to legally exercise its activity in the national territory.
"Art.R. 212-94. - Activities in a specific environment within the meaning of the provisions of Article L. 212-7 are referred to in Article R. 212-91.
"An order by the Minister responsible for sports determines, for each activity in a specific environment, the criteria for assessing the substantial difference, the program, the terms and conditions for organizing and evaluating the fitness test referred to in section R. 212-93 and lists the establishments in which it is organized. The prefect determines the subjects of the program on which the registrant is tested, depending on the material difference found. »
The Minister of Health and Sports and the Secretary of State for Sports are responsible, each with regard to the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, September 15, 2009.
François Fillon
By the Prime Minister:
Minister of Health and Sports,
Roselyne Bachelot-Narquin
Secretary of State
in charge of sports,
Rama Yade
