Decree No. 2009-1490 Of 2 December 2009 On The Recognition Of Professional Qualifications For The Practice Of The Profession Of Architect

Original Language Title: Décret n° 2009-1490 du 2 décembre 2009 relatif à la reconnaissance des qualifications professionnelles pour l'exercice de la profession d'architecte

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Texts transposed Directive 2005/36 / EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (Text with EEA relevance)
Summary


Repeal of Decree 78-67. full transposition of Directive 2005/36 / EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (Text with EEA relevance). Keywords


CULTURE, ARCHITECTURE
, ARCHITECT
, QUALIFICATION
,
TITLE, DIPLOMA
, EQUITY
,
RECOGNITION COMMUNITY
, CE
EUROPEAN ECONOMIC AREA EUROPEAN
,
EEA COMMUNITY NATIONAL
,
EXPERIENCE, PRACTICE OF THE PROFESSION
, DIRECTIVE
EUROPEAN TRANSPOSITION COMPLETE
JORF No. 0281 of 4 December 2009

text 21014 page # 32

Decree No. 2009-1490 of 2 December 2009 on the recognition of professional qualifications for the practice of the profession of architecture NOR
:
MCCB0919021D ELI: https: //www.legifrance.gouv .com / eli / decree / 2009/12/2 / MCCB0919021D / jo / text
AKA: https://www.legifrance.gouv.fr/eli/decret/2009/12/2/2009-1490/jo / text


Prime Minister
On the report of the Minister of Culture and Communication,
Having regard to Directive 2005/36 / EC of the European Parliament and of the Council of 7 September 2005 on the recognition of qualifications professional;
Having regard to Directive 2006/123 / EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, in particular Article 14;
Considering Law No. 77-2 of 3 January 1977 amended on architecture, in particular Articles 10, 10-1 and 11;
Considering Law No. 2000-321 of 12 April 2000 as amended, concerning the rights of citizens in their relations with administrations;
Considering Decree No. 77-1481 of 28 December 1977 amended the organization of the architectural profession;
Considering Decree No. 97-1200 of 19 December 1997 modified made for the application to the Minister for Culture and Communication of 1 of Article 2 of Decree No. 97-34 of 15 January 1997 amended on the decentralization of individual administrative decisions;
Considering Decree No. 2001-492 of 6 June 2001 taken for the application of Chapter II of Title II of Law No 2000-321 of 12 April 2000 and on the receipt of requests to administrative authorities;
Considering Decree No. 2005-734 of 30 June 2005 on architectural studies, in particular Articles 3 and 10;
Considering Decree No. 2006-672 of 8 June 2006 amended on the establishment, composition and operation of administrative committees with advisory status, in particular Article 2;
Considering the opinion of the National Council of the Architects of 13 November 2008;
The Council of State (interior section) heard Decrees
:


TITLE I: PROFESSIONAL QUALIFICATIONS OF NATURAL NATIONALS OF MEMBER STATES OF THE EUROPEAN COMMUNITY OR OTHER STATE PARTY TO THE AGREEMENT ON THE EUROPEAN ECONOMIC AREA
CHAPTER I: ESTABLISHING FREE
Article 1
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I. - Are allowed to enroll in a regional picture of architects under the provisions of Item 1 of Article 10 of the Law of 3 January 1977 aforesaid individuals hold:
1. Let the architect degree from the Government or a diploma, certificate or French as recognized by the state as being equivalent to it;
2. Let the completed architectural state degree of empowerment of the architect state certified to practice project management in its own name in the decree of 30 June 2005 referred to above or a diploma, french certificate or qualification recognized by the state as being equivalent to it;
3. Either a diploma, certificate or title of a non-member state of the European Community recognized by the State as provided by Article 2 as equivalent to the qualifications referred to in 1 and 2;
4. Either a diploma, certificate or qualifications listed in section 5.7.1 of Annex V and Annex VI to Directive of 7 September 2005 referred to above;
5. Either a certificate under Article 49, paragraph 2 of the Directive of 7 September 2005 referred to above.
II. - Individuals completing the requirements of I addressed a folder to the regional council of the Association of Architects of where they want to establish their place of business.
The council decides by a reasoned decision within three months of receipt of the complete file of the applicant. The silence of the board for more than three months constitute refusal.


Article 2
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The diplomas, certificates or architectural qualifications awarded in non-member states of the European Community and meet the training requirements specified in Article 46 of Directive of 7 September 2005 referred to above are subject to stopped by a recognition decision of the Minister of culture after consultation with the national Commission on recognition of professional qualifications established by Article 8 of this Decree


Article 3 More about this article ...

The individuals authorized to use the professional title of architect, but that can not be holders of the certificate mentioned in 5 ° of I of Article 1 for not meeting the conditions of professional experience, ask the recognition of professional qualifications for inclusion in a regional architect table and transmit a file to the Minister responsible for culture.


Article 4 More about this article ...

Individuals seeking recognition of their professional qualifications for inclusion in a regional picture of architects, under the provisions of the 2 and 3 of Article 10 of the Law of 3 January 1977 referred to above, transmit a file to the Minister responsible for culture.


Article 5 More about this article ...

In the cases provided for in Articles 3 and 4, the Minister of Culture decides on recognition of professional qualifications requests to the exercise of the profession of architecture after the National Council of the Order of Architects, by a reasoned decision within four months of receipt of the complete file of the applicant.

Article 6
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If it appears, during the examination of the applicant's record for the cases provided for in Articles 3 and 4 that the knowledge he acquired during his professional experience are not likely to be filled, in whole or in part substantial differences between the training and qualifications required in France, the Minister responsible for culture offers to undergo an aptitude test.
The list of subjects on which the applicant may be interviewed, the characteristics of the aptitude test and the composition of the jury are set by order of the minister of culture.
The Minister for Culture shall notify the applicant the list of subjects that will be of the aptitude test and the dates of sessions of the event.


Article 7 Learn more about this item ...

Individuals seeking recognition of their professional qualifications for inclusion in a regional picture of architects, under the provisions of Item 4 of Article 10 of the Law of 3 January 1977 referred to above, send a file the Minister responsible for culture.
The minister responsible for culture transmits to the case to the National Commission for recognition of professional qualifications established by Article 8 of this Decree.

Article 8
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I. - It is established a National Commission for recognition of professional qualifications which sits at the Ministry of Culture.
It consists of two colleges, each chaired by the Director in charge of architecture at the Ministry of Culture or his representative.
The committee members and their alternates are appointed for five years by order of the minister of culture.
II. - The first college is consulted, in accordance with Article 2 on the recognition of diplomas, certificates and other qualifications in architecture awarded in non-member states of the European Community. It can also be consulted on any matter relating to the recognition of diplomas, certificates and other qualifications in architecture awarded by the Member States of the European Community.
It is composed as follows:
1. A representative of the Minister of Foreign Affairs;
2. A representative of the Minister of Higher Education;
3. A representative of the Minister of Culture;
4. Two architects teachers in national schools of architecture appointed by the minister responsible for culture;
5. Two architects representing the National Council of the Order of Architects.

III. - The second college is consulted to examine the personal professional references of the applicant for, in accordance with article 7, recognition of professional qualifications for enrollment in a regional picture of the Architects. It is composed as follows:
1. Two representatives of the Minister of Culture;
2. A representative of the Minister of Ecology, Sustainable Development and Spatial Planning;
3. Four architects representing the National Council of the Order of Architects, whose two admitted to wear the title of architect pursuant to the provisions of Item 4 of Article 10 of the Law of 3 January 1977 referred to above.

Article 9
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A decree of the Minister of Culture determines the composition of the records referred to in Articles 1, 3, 4 and 7.

CHAPTER II: FREEDOM TO PROVIDE SERVICES
Article 10
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The declaration made pursuant to the provisions of Article 10-1 of the law of 3 January 1977 referred to above, by individuals wishing to practice as an architect in the country of temporary and occasional basis is presented in Regional Council of the order of architects in the territorial jurisdiction of which the first delivery is planned. The content of the declaration, which can be transmitted by any means, is fixed by order of the minister of culture.

Article 11
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The Regional Council of the Order of Architects statue within one month of receipt of the complete declaration by the applicant.
Before the expiry of this period, the regional council of the Association of Architects may request from the applicant additional information and informs the time to make a decision that falls before the end of the second month following the receipt of more information.
It must notify its reasoned decision to the applicant. The decision is published by any means.
If no decision on expiry of the above deadlines, the services can be performed.

Article 12
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If the applicant does not meet the qualifying conditions laid down in Section I of Article 1 and there is a substantial difference between the professional qualifications of the applicant and the training required in France, the Regional Council of the architects offers to undergo an aptitude test to the evaluation of professional qualifications commission for the freedom to provide services established in Article 13, to demonstrate that he has acquired the knowledge and missing skills in the subjects that the regional council of the Association of architects has determined.
The list of subjects on which the applicant may be interviewed and characteristics of the aptitude test shall be determined by order of the minister of culture.
The Regional Council of the Order of Architects statue on a proposal from the evaluation committee of professional qualifications for the free provision of services, within one month of the decision to refer the applicant to an aptitude test, and notifies the applicant. This decision shall be published by any means.
If no decision on expiry of the above deadlines, the services can be performed.

Article 13
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It is created an evaluation committee of professional qualifications for the free provision of services on the National Council of the Order of Architects.
It is chaired by the President of the National Council of the Order of Architects, or his representative, who has a casting vote in case of tie.
Besides its president, the commission includes:
1. Two architects representing the National Council of 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.
The committee members and their alternates are appointed for a term of six years by order of the minister of culture.
The secretariat of the Committee is provided by the National Council of the Order of Architects.

Article 14
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The service is provided 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 qualifications stated in the official language or 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 qualifying conditions laid down in Section I of Article 1, the service is provided under the professional title in force in France.

PART II: PROFESSIONAL QUALIFICATIONS OF PERSONS OF NON MEMBER STATES NATIONALS OF THE EUROPEAN COMMUNITY OR OTHER STATE PARTY TO THE AGREEMENT ON THE EUROPEAN ECONOMIC AREA
Article 15
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By application of the provisions of the second paragraph of Article 11 of the Law of 3 January 1977 referred to above, the physical persons who are nationals of non-member States of the European Community or another State party to the Agreement on European economic Area may be entered at their request, to a regional picture of architects, by decision of the Minister of culture after consultation with the National Council of the order of architects and the foreign minister.
Individuals transmit to the regional council of the Association of Architects of where they want to establish their place of business a folder, the content is set by order of the minister of culture.

Article 16
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An architect is not a national of a Member State of the European Community or another State party to the Agreement on the European Economic Area may, without being registered as a regional table, be authorized by the Minister arrested responsible for culture or after the National Council of the order of architects, or after a contest which he was the winner, to realize in France a specific project.
An order of the Minister of Culture sets the folder contents.

TITLE III: MISCELLANEOUS
Article 17
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In 2 of Title II of the Annex to the Decree of 19 December 1997 referred to above, the table relating to Decree No. 78-67 of 16 January 1978 taken for the application of Articles 10, 11 and 38 of Law No. ° 77-2 of 3 January 1977 on architecture is replaced by the following table:



"Decree No. 2009-1490 of 2 December 2009 on the recognition of professional qualifications for the practice of the profession of architecture
1
Recognition of professional qualifications of natural persons nationals of Member States the European Community or another member State of the European economic Area for the exercise of the architectural profession in France. Article 5


2 Recognition of professional references to natural persons nationals of 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 Registration at the regional table of architects natural persons who are nationals of non-member States of the European Community or another State party to the Agreement on the European Economic Area. Article 15


4 Authorization of an architect is not a national of a Member State of the European Community or another State party to the Agreement on the European Economic Area to realize in France a specific project.

Article 16 Article 18
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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 the architecture and requirements relating to the registration at the regional table of architects is repealed.

Article 19
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Article 13 can be changed by decree.

Article 20
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This Order comes into force on the first day of the month following its publication.

Article 21
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The Minister of State, Minister for Ecology, Energy, Sustainable Development and the Sea, responsible for green technologies and climate negotiations, the Minister of Foreign and European Affairs Minister higher education and research and the Minister of culture and communication are responsible, each in regards to the execution of this decree, which will be published in the Official Journal of the French Republic.

Done at Paris on 2 December 2009. Francois Fillon

By the Prime Minister:

The Minister of Culture and Communication, Frédéric Mitterrand

The Minister of State, Minister for Ecology,
of energy, sustainable development and sea, in charge

green technologies and climate negotiations,

Borloo the Minister of Foreign Affairs and European
, Bernard
Kouchner

the Minister of higher education and research, Valérie Pécresse

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