Key Benefits:
The 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,
Considering Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications;
Vu le road codeincluding articles L. 323-1, L. 326-1 and following, R. 323-17, R. 323-18, R. 326-10, R. 326-11 and R. 326-17;
Vu la Act No. 2000-321 of 12 April 2000 amended on the rights of citizens in their relations with the administration;
See?Order No. 2008-507 of 30 May 2008 transposition of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on recognition of professional qualifications, including its article 1;
Considering the opinion of the permanent interdepartmental road safety group of 18 June 2009;
The State Council (section of public works) heard,
Decrete:
The road code (regulatory part) is amended in accordance with sections 2 to 10 of this decree.
In article I R. 323-6, after the words: "State-approved controller" are inserted the words: "or a provider referred to in Article II L. 323-1".
In the IV of Article R. 323-16, after the words: "accredited controller" are inserted the words: "or a provider referred to in Article L. 323-1 II".
Article R. 323-17 is supplemented by a paragraph as follows:
"IV. ― When carried out by a service provider referred to in Article L. 323-1, the technical control provided for in this chapter shall be deemed to have been carried out only if, for the benefit under consideration, the service provider has no link in such a way as to impair its independence with persons, organizations, companies or businesses engaged in repair or trade in the automotive sector. »
After the article R. 323-18, articles R. 323-18-1 were added to R. 323-18-3 as follows:
"Art.R. 323-18-1.-The statement referred to in Article L. 323-1 is addressed to the prefect of the department in which the provider plans to exercise the technical controller activity.
"It must be accompanied by the following documents when it is signed for the first time or in the event of a change of situation:
« 1° proof of the nationality of the provider;
« 2° A certificate certifying that the provider is legally established in another Member State of the European Union or in another State Party to the Agreement on the European Economic Area to practise the profession of technical controller, and that, on the date of the attestation, no prohibition, even temporary, of exercising;
« 3° proof of his professional qualifications;
« 4° When the profession of technical controller is not regulated in the state of establishment, evidence by any means that the provider has exercised this profession for at least two years in the ten years preceding the performance;
« 5° A copy of the employment contract or a letter of engagement of the employer control centre.
"The declaration and attached documents may be transmitted by any means. Documents in foreign languages are accompanied by their translation into French.
"Art.R. 323-18-2.-The benefit is carried out under the professional title of the State of establishment or, if the professional title does not exist in the State of establishment, under the training title of the provider.
"The professional title or training title is indicated in the official language or in one of the official languages of the State of establishment. The training title is followed by the names and places of the establishment or jury that issued it.
"Art.R. 323-18-3.-A the request of a competent authority of a Member State of the European Union or party to the agreement on the European Economic Area on the territory of which a technical controller executes or declares that he intends to perform a service delivery, the prefect of the department of the place of residence of the latter shall communicate to that authority all relevant information on the legality of the establishment in France of the professional concerned. If the professional is, on the date of communication, subject to suspension or withdrawal of approval, mention is made. »
In R. 323-19, after the words: "accredited controller" are inserted the words: "or provider referred to in II of Article L. 323-1".
The second paragraph of Article R. 326-8 is amended as follows:
"The commission secretariat is provided by the service designated by the Minister for Transport. »
Section R. 326-10 is amended as follows:
1° In the first paragraph, after the words: "Every person" are inserted the words: "with the exception of those referred to in the II of Article L. 326-4,"
2° After 6°, the sub-items are added:
"The parts referred to in 4° and 5° cannot date more than three months at the time of production.
"The foreign language documents referred to in this article are accompanied by their translation into the French language.
"The Commission acknowledges receipt of the applicant's file within one month of its receipt and informs, if any, of any missing document. It shall decide on the application for registration by a reasoned decision that must intervene within three months of the date of receipt of the complete file submitted by the interested party. »
After section R. 326-10, the following items are added to R. 326-10-1 to R. 326-10-3:
"Art.R. 326-10-1.-The declaration referred to in II of Article L. 326-4 shall take place as a request for first temporary registration on the list of automotive experts.
"It is addressed to the secretariat of the Commission and must be accompanied by the following documents when it is first subscribed or in the event of material change in the situation established by them:
« 1° proof of the identity and nationality of the provider;
« 2° A certificate certifying that the provider is legally established in another Member State of the European Union or in another State Party to the Agreement on the European Economic Area to practise the profession of an expert in automobiles, and that, when the certificate is issued, no even temporary prohibition of exercising;
« 3° proof of his professional qualifications;
« 4° When the profession of automotive expert is not regulated in the state of establishment, evidence by any means that the provider has exercised this profession for at least two years in the preceding ten years;
« 5° Evidence that the provider is covered by an insurance contract guaranteeing the civil liability that it may take as a result of the activities referred to in Article L. 326-4;
"The declaration and attached documents may be transmitted by any means. Documents in foreign languages are accompanied by their translation into French.
"Art.R. 326-10-2.-The commission may request, if any, the provider to justify that it has the language knowledge necessary to perform the functions of an expert in motor vehicles in France.
"Art.R. 326-10-3.-The commission shall, in the light of the documents provided for in Article R. 326-10-1, verify the professional qualifications of the expert within one month of the receipt of the declaration and the documents provided for in Article R. 326-10-1 and place the supplier on the national list for a period of one year.
"In the absence of a request for additional information or notification of the result of the qualification verification, the benefit described in the declaration may be made after the one-month period from the receipt of the declaration by the Commission.
"An order of the Minister for Transport sets out the terms and conditions for the application of this section, including the conditions under which the Commission may decide to submit the provider to a professional interview, if the examination of the documents provided for in section R. 326-10-1 reveals a substantial difference between the professional qualifications of the provider and those required to perform the activity in France, and to the extent that this difference is likely to adversely affect the safety of persons.
"If, at the end of the first year, the service provider wishes to reintroduce services on a temporary and occasional basis, the service provider shall apply to the commission for a renewal of its registration on the national list for a period of one year. This renewal application is accompanied by the document provided for at 5th of Article R. 326-10-1.
"Art.R. 326-10-4.-A at the request of a competent authority of a Member State of the European Union or a party to the agreement on the European Economic Area on the territory of which an automotive expert executes or declares that he intends to perform a service provision, the service designated by the Minister responsible for transport shall communicate to that authority:
"any 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 to a decision made pursuant to Article R. 326-12, mention is made of it;
"—the disciplinary sanctions imposed, if any, by the national commission of automotive experts against that expert.
"This communication does not affect the confidential nature of the information provided. »
The first paragraph of Article R. 326-12 is supplemented by the following words:
", unless it has been entered on a temporary basis under Article L. 326-4 II."
The Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, and the Secretary of State for Transport are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, February 22, 2010.
François Fillon
By the Prime Minister:
Minister of State, Minister of Ecology,
of energy, sustainable development and the sea,
green technologies
and climate negotiations,
Jean-Louis Borloo
Secretary of State
Transport Officer
Dominic Bussereau