Key Benefits:
The Prime Minister,
On the report of the Minister of Culture and Communications,
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;
In light of Act No. 77-2 of 3 January 1977 amended on architecture, including its Articles 10, 10-1 and 11;
Vu la Act No. 2000-321 of 12 April 2000 amended on the rights of citizens in their relations with administrations;
Vu le Decree No. 77-1481 of 28 December 1977 modified on the organization of the architectural profession;
Vu le Decree No. 97-1200 of 19 December 1997 modified for application to the Minister responsible for culture and communication 1° of Article 2 of Decree No. 97-34 of 15 January 1997 amended on the deconcentration of individual administrative decisions;
Vu le Decree No. 2001-492 of 6 June 2001 taken for application of Chapter II of Title II of Act No. 2000-321 of 12 April 2000 and relating to the acknowledgement of receipt of requests to the administrative authorities;
Vu le Decree No. 2005-734 of 30 June 2005 relating to architectural studies, including articles 3 and 10;
Vu le Decree No. 2006-672 of 8 June 2006 amended on the establishment, composition and functioning of administrative advisory committees, including its article 2;
Having regard to the advice of the National Council for the Order of Architects of 13 November 2008;
The State Council (inland section) heard,
Decrete:
I. ― A regional picture of architects shall be registered in accordance with the provisions of 1° of Article 10 of the Act of 3 January 1977 referred to the holders:
1° Either the architectural diploma issued by the Government or a French diploma, certificate or title recognized by the State as being equivalent;
2° Either the state degree of architect completed by the authorisation of the state-owned architect to exercise master's work in his own name provided for by the decree of 30 June 2005 referred to above or a diploma, certificate or French title recognized by the state as being equivalent;
3° a diploma, certificate or title of a State not a member of the European Community recognized by the State under the conditions provided for in Article 2 as equivalent to the qualifications mentioned in 1° and 2°;
4° A diploma, certificate or title set out in 5.7.1 of Appendix V and Appendix VI to the above-mentioned directive of 7 September 2005;
5° An attestation under section 49, paragraph 2, of the above-mentioned directive of 7 September 2005.
II. ― Physical persons who meet the conditions set out in I shall address a file to the regional council of the order of the architects where they wish to establish their professional domicile.
The board shall decide by a reasoned decision within three months of receipt of the applicant's complete record. The Board's silence for more than three months is a decision to reject.
The diplomas, certificates or architectural titles issued in non-member states of the European Community and which meet the training requirements set out in Article 46 of the above-mentioned Directive of 7 September 2005 may be the subject of a decision of recognition by decree of the Minister responsible for culture after the advice of the National Commission for the Recognition of Professional Qualifications established by Article 8 of this Decree
Individuals authorized to carry the professional title of architect, but who may not be holder of the certificate referred to in 5° of I of section 1 failing to meet the required professional experience conditions, request recognition of their professional qualifications for their registration to a regional architectural board and transmit a file to the Minister responsible for culture.
Individuals seeking recognition of their professional qualifications for their inclusion in a regional table of architects, pursuant to the provisions of 2° and 3° of Article 10 of the Act of 3 January 1977 referred to above, submit a file to the Minister responsible for culture.
In the cases provided for in sections 3 and 4, the Minister for Culture shall decide on requests for recognition of professional qualifications for the exercise of the architectural profession after the advice of the National Council for the Order of Architects, by a reasoned decision, within four months from the receipt of the applicant's complete file.
If it appears, during the examination of the applicant's file for the cases provided for in sections 3 and 4, that the knowledge he has acquired during his professional experience is not likely to fill, in whole or in part, substantial differences between his training and the qualifications required in France, the Minister for Culture proposes to him to undergo a fitness test.
The list of materials on which the applicant can be questioned, the characteristics of the suitability test and the composition of the jury are determined by order of the Minister responsible for culture.
The Minister responsible for culture shall notify the applicant of the list of materials that will be the subject of the suitability test and the dates of sessions of the trial.
Individuals seeking recognition of their professional qualifications for their inclusion in a regional table of architects, pursuant to the provisions of section 10 of the Act of 3 January 1977 referred to above, submit a file to the Minister responsible for culture.
The Minister responsible for culture submits the file to the National Commission for Recognition of Professional Qualifications established in section 8 of this Order.
I. ― A National Commission for Recognition of Professional Qualifications is established at the Ministry of Culture.
It is composed of two colleges, each chaired by the Director of Architecture at the Ministry of Culture or its representative.
Members of the Commission and their alternates shall be appointed for a term of five years by order of the Minister for Culture.
II. ― The first college is consulted, in accordance with Article 2, on the recognition of diplomas, certificates and other architectural titles issued in non-member states of the European Community. It can also be consulted on any issue relating to the recognition of diplomas, certificates and other architectural titles issued by the member states of the European Community.
It is composed as follows:
1° A representative of the Minister for Foreign Affairs;
2° A representative of the minister responsible for higher education;
3° A representative of the Minister for Culture;
4° Two architects teaching in the higher national schools of architecture, appointed by the Minister for Culture;
5° Two architects representing the National Council of Architects.
III. ― The second college is consulted to examine the applicant's personal professional references, in accordance with Article 7, requesting recognition of his professional qualifications for his registration to a regional picture of the order of architects. It is composed as follows:
1° Two representatives of the Minister responsible for culture;
2° A representative of the Minister for Ecology, Sustainable Development and Land Management;
3° Four architects representing the National Council for the Order of Architects, two of whom were admitted to the title of architect under the provisions of Article 10 of the Act of 3 January 1977 referred to above.
A Minister of Culture Order sets out the composition of the records referred to in sections 1, 3, 4 and 7.
The declaration made, pursuant to the provisions of Article 10-1 of the Act of 3 January 1977 referred to above, by natural persons wishing to practise the profession of architect in the national territory on a temporary and occasional basis is presented to the regional council of the order of architects in the territorial jurisdiction of which the first performance is envisaged. The contents of the statement, which may be transmitted by any means, shall be determined by order of the Minister for Culture.
The Regional Architects' Order Council shall decide within one month of the receipt of the full statement prepared by the applicant.
Prior to the expiry of this period, the Regional Architects' Order Council may request additional information from the applicant and the time required to make a decision that occurs before the end of the second month after the receipt of the additional information.
The applicant shall notify the applicant of its reasoned decision. The decision is published by any means.
In the absence of a decision on the expiry of the above-mentioned deadlines, the provision of services may be made.
In the event that the applicant does not meet the qualification requirements set out in I of Article 1 and that there is a substantial difference between the applicant's professional qualifications and the required training in France, the Regional Council of the Architects' Order proposes it to submit to a suitability test before the professional qualification assessment board for the free provision of services established in Article 13, in order to demonstrate that it is lacking
The list of materials on which the applicant can be questioned and the characteristics of the suitability test are fixed by order of the Minister responsible for culture.
The Regional Architects' Board shall, on the proposal of the Professional Qualifications Assessment Board for the Free Provision of Services, decide within one month of the decision to submit the applicant to a suitability test, and notify the applicant of the decision. This decision is published by any means.
In the absence of a decision on the expiry of the above-mentioned deadlines, the provision of services may be made.
It is created a professional qualification assessment board for the free provision of services serving on the National Council of the Order of Architects.
It is chaired by the President of the National Council for the Order of Architects, or its representative, who has a dominant voice in the event of equal sharing of votes.
In addition to its Chairman, the Commission includes:
1° Two architects representing the National Council for the Order of Architects, including an architect teaching in the higher national schools of architecture;
2° A representative of the Director of Architecture at the Ministry of Culture.
Members of the Commission and their alternates shall be appointed for a term of six years by order of the Minister for Culture.
The Commission's secretariat is provided by the National Council for the Order of Architects.
The provision of services is made under the professional title in force in the Member State of the European Community or in another State Party to the agreement on the European Economic Area where the applicant is legally established. The professional title or, if it does not exist, the training title is indicated in the official language or in one of the official languages of the Member State of establishment, so as to avoid confusion with the professional title in force in France.
In cases where the applicant meets the qualification requirements set out in Article 1 I, the service delivery is performed under the professional title in force in France.
Pursuant to the provisions of the second paragraph of Article 11 of the above-mentioned Act of 3 January 1977, natural persons of non-member States of the European Community or of another State Party to the Agreement on the European Economic Area may be registered, upon their request, to a regional picture of architects, by a decision of the Minister responsible for culture, after the advice of the National Council for the Order of Architects and the Minister for Foreign Affairs.
The physical persons transmit to the regional council of the order of the architects of the place where they wish to establish their professional domicile a file, whose content is fixed by decree of the minister responsible for culture.
An architect who is not a national of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area may, without being registered in a regional table, be authorized, by order of the Minister responsible for culture, either after the advice of the National Council of the Order of Architects or after a contest of which he was the winner, to carry out a specific project in France.
A Minister of Culture order sets the content of the file.
In 2 of Title II of the Schedule to the above-mentioned Decree of 19 December 1997, the table relating to Decree No. 78-67 of 16 January 1978 taken for the application of Articles 10, 11 and 38 of Act No. 77-2 of 3 January 1977 on Architecture is replaced by the following table:
“ Decree No. 2009-1490 of 2 December 2009 relating to the recognition of professional qualifications for the exercise of the architectural profession
| 1 | Recognition of the professional qualifications of natural persons from the member states of the European Community or another member state of the European Economic Area for the exercise of the profession of architect in France. | Article 5 |
| 2 | Recognition of the professional references of natural persons from the Member States of the European Community or another Member State of the European Economic Area for the exercise of the profession of architect in France. | Article 7 |
| 3 | Inscription to the regional table of architects of natural persons from non-member states of the European Community or another State Party to the agreement on the European Economic Area. | Article 15 |
| 4 | Authorization of a non-national architect of a Member State of the European Community or another State Party to the agreement on the European Economic Area to carry out a specific project in France. | Article 16 |
The Decree No. 78-67 of 16 January 1978 taken for the purposes of sections 10, 11 and 38 of Act No.77-2 of 3 January 1977 on architecture and relating to the conditions required for registration in the Regional Architects Table is repealed.
Article 13 may be amended by decree.
This Order comes into force on the first day of the month following its publication.
The Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, the Minister of Foreign and European Affairs, the Minister of Higher Education and Research and the Minister of Culture and Communication 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, December 2, 2009.
François Fillon
By the Prime Minister:
Minister of Culture
and communication,
Frédéric Mitterrand
Minister of State, Minister of Ecology,
of energy, sustainable development and the sea,
green technologies
and climate negotiations,
Jean-Louis Borloo
Minister for Foreign Affairs
and European,
Bernard Kouchner
Minister of Higher Education
and research,
Valérie Pécresse
