Decree No. 2010-163 22 February 2010 Concerning The Free Provision Of Services And The Recognition Of The Professional Qualifications Of Technical Controllers And Automotive Experts

Original Language Title: Décret n° 2010-163 du 22 février 2010 relatif à la libre prestation de services et à la reconnaissance des qualifications professionnelles des contrôleurs techniques et des experts en automobile

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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 Transposition full 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 ecology, vehicle, automotive, technical, EXPERT in AUTOMOBILE, qualifications, free provision of SERVICES, title, diploma, EQUIVALENCY, recognition, European Community, EC, European economic area, EEA, national community, EXPERIENCE professional, practice, European DIRECTIVE, TRANSPOSITION COMPLETE JORF n ° 0045 February 23, 2010 page 3322 text no. 5 order No. 2010-163 22 February 2010 relating to freedom to provide services and to the recognition of professional qualifications controllers techniques and automobile NOR experts : DEVS0922971D ELI: https://www.legifrance.gouv.fr/eli/decret/2010/2/22/DEVS0922971D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2010/2/22/2010-163/jo/texte Prime Minister, on the report of the Minister of State, Minister of ecology, energy, sustainable development and the sea, in charge of green technologies and climate negotiations, having regard to directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications;
Having regard to the code of the road, particular articles L. 323 - 1, L. 326 - 1 et seq., R. 323 - 17, R. 323 - 18, R. 326 - 10, R. 326 - 11 and R. 326 - 17;
Having regard to law no 2000 - 321 of 12 April 2000, amended on the rights of the citizens in their relations with the administration;
Having regard to the order No. 2008-507 of May 30, 2008 on the transposition of directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, including article 1;
Having regard to the opinion of the standing inter-ministerial group of road safety on June 18, 2009;
The Council of State (section of public works) heard, enacts as follows: Article 1 more on this article...

The highway (regulative part) is amended in accordance with articles 2 to 10 of this Decree.

TITLE I: Provisions relating to the control TECHNIQUE AUTOMOBILE Article 2 in more on this article...

In the I of article R. 323 - 6, after the words: "approved by the State controller" shall be inserted the words: "or a claimant referred to in II of article l 323 - 1.


Article 3 read more on this article...

In IV of article R. 323 - 16, after the words: 'approved supervisor' are inserted the words: "or a claimant referred to in II of article l 323 - 1.


Article 4 more on this article...

Article R. 323 - 17 is supplemented by a paragraph to read: "(IV). ― When directed by a claimant referred to in II of article l 323 - 1, the technical inspection provided for in this chapter may be deemed have been made that if, for the reporting provision, this claimant has no link impair independence with people, organizations, companies or firms carrying out an activity of repair or trade in the automotive sector. ' Article 5 more on this article...

After article R. 323 - 18, are added articles R. 323-18-1 to R. 323-18-3 thus worded: 'Art.R. 323 18-1. - the declaration referred to in article L. 323 II - 1 is addressed to the prefect of the département in which the claimant intends to pursue the activity of technical controller.
"It must be accompanied by the following documents when it is purchased for the first time or in the event of change of circumstances:" 1 ° proof of the nationality of the claimant;
2 ° a certificate stating that the provider is legally established in another EU Member State or in another State party to the European economic area agreement to exercise the profession of technical controller, and that it is liable, to the date of the certificate, no even temporary prohibition to exercise;
«3 ° proof of professional qualifications;
«4 ° when the technical controller profession is not regulated in the State of establishment, the evidence by any means that the claimant has exercised the profession for at least two years during the ten years preceding the provision;
«5 ° a copy of the employment contract or a commitment letter of employer control centre.
"The declaration and accompanying documents can be transmitted by any means. '' Foreign-language documents are accompanied by their French language translation.
"Art.R 323-18-2.-the service is provided under the professional title in the State of establishment or, if the professional title does not exist in the State of establishment, under the title of training of the service provider. ''
«Training title or professional title is indicated in the official language or one of the official languages of the State of establishment. Training is followed by the names and locations of the establishment or the Board which issued it.
'. Art.R 323-18 - 3.-A the request of a competent authority of a Member State of the Union European or party to the agreement on the European economic area on the territory of which a technical controller running or says you want to run a service, the prefect of the place of residence of the Department communicate to that authority all information relevant to the legality of the establishment in France of the concerned professional. '' If the Professional is, on the date of the communication, under the blow of a suspension or withdrawal of approval, mention is made. ' Article 6 more on this article...

Article R. 323 - 19, after the words: 'approved supervisor' are inserted the words: ' or claimant referred to the article l 323 II - 1.

Title II: Provisions relating to the EXPERTS in automotive section 7 in more on this article...

The second paragraph of article R. 326 - 8 is amended as follows: "the secretariat of the commission is provided by the Department designated by the Minister of transport."


Article 8 more on this article...

Article R. 326 - 10 is amended as follows: 1 ° in the first paragraph, after the words: 'Any person' shall be inserted the words: ", with the exception of those referred to in II of article L. 326 - 4 ';
2 ° after the 6th, are added as well written paragraphs: "the documents referred to the 4 ° and 5 ° cannot date more than three months at the time of their production.
«Foreign language documents referred to in this article are accompanied by their French language translation.
'The commission acknowledges receipt of the applicant's record in a period of one month following its receipt and informs her, where appropriate, of any missing documents. It decides on the application for registration by a reasoned decision which must take place within a period of three months from the date of receipt of the complete file submitted by the person concerned. ' Article 9 more on this article...

After article R. 326 - 10, are added articles R. 326-10-1 to R. 326-10-3 thus worded: 'Art.R. 326 10-1. - the declaration referred to in article L. 326 II - 4 is in lieu of first inclusion on a temporary basis on the list of automotive experts.
"It is addressed to the secretariat of the commission and shall be accompanied by the following documents when it is purchased for the first time or in the event of a material change in the situation established by them: «1 ° proof of the identity and the nationality of the claimant;
«2 ° a certificate stating that the claimant is lawfully established in another EU Member State or in another State party to the European economic area agreement to exercise the profession of automotive expert, and that it not liable when the certificate is issued, no prohibition on same temporary;
«3 ° proof of professional qualifications;
«4 ° when the expert in automobile profession is not regulated in the State of establishment, proof by any means that the claimant has exercised the profession for at least two years during the previous ten years;
«5 ° proof that the claimant is covered by a contract of insurance affording legal liability it may incur due to the activities referred to in article L. 326 - 4;
"The declaration and accompanying documents can be transmitted by any means. '' Foreign-language documents are accompanied by their French language translation.
«Art.R 326-10-2.-the commission may ask the claimant to justify that he has the linguistic knowledge necessary for the exercise of the functions of expert in automobile in France. ''
«Art.R. 326-10-3.-the commission shall, in the light of the documents stipulated in article R. 326-10-1, in the verification of the qualifications of the expert within a period of one month from the receipt of the declaration and the documents provided for in article R. 326-10-1 and entered the claimant on the national list for a period of one year. ".
"In the absence of request for further information or notification of the result of the verification of qualifications, the benefit which the nature is described in the declaration may be carried out at the end of the period of one month from the receipt of the declaration by the commission.

"An order of the Minister in charge of transport fixed detailed rules for application of this article, and especially the conditions under which the commission may decide to submit the claimant to a professional care, if examination of the documents provided for in article R. 326-10-1 shows a substantial difference between the professional qualifications of the claimant and those required to practise in France, and insofar as this difference is likely to endanger the safety of persons.
"If at the end of the first year, the claimant again wishes to provide services on a temporary and occasional basis, it addressed to the commission a request for the renewal of its inclusion on the national list for a period of one year. This renewal application is accompanied by the document referred to in 5 ° of article R. 326-10-1.
«Art.R. 326-10 - 4.-A the request of a competent authority of a Member State of the Union or party to the agreement on the European economic area on the territory of which an automobile expert runs or says you want to run a service delivery, the Department designated by the Minister of transportation communicate to that authority: "— all relevant information on the legality of the establishment in France of the expert concerned.» If the expert is, at the date of the communication, subject of a decision pursuant to article R. 326 - 12, reference is made;
"― appropriate disciplinary sanctions by the national commission of experts on automobile against this expert."
"This communication does not affect the confidential nature of the information provided."


Article 10 more on this article...

The first paragraph of article R. 326 - 12 is supplemented by the following words: ", except if it has been registered on a temporary basis in accordance with article L. 326 II - 4.


Article 11 read more on this article...

The Minister of State, Minister of ecology, energy, sustainable development and the sea, in charge of green technologies and negotiations on climate, and the Secretary of State in charge of transport are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Done at Paris, February 22, 2010.
François Fillon Prime Minister: the Minister of State, Minister of ecology, energy, sustainable development and the sea, in charge of green technologies and climate negotiations, Jean-Louis Borloo Secretary of State in charge of transport, Dominique Bussereau

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