Key Benefits:
President of the Republic,
On the report of the Prime Minister and 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 Criminal code ;
Vu le Code of Criminal Procedureincluding article 776;
Vu la Act No. 2000-321 of 12 April 2000 relating to the rights of citizens in their relations with the administration, including Article 22;
Vu la Act No. 2006-10 of 5 January 2006, modified byOrder No. 2008-507 of 30 May 2008concerning the safety and development of transport, including its article 17;
Vu le Decree No. 2004-374 of 29 April 2004 relating to the powers of prefects, the organization and action of the State in the regions and departments, last amended by the Decree No. 2010-146 of 16 February 2010 ;
Vu le Decree No. 2007-1167 of 2 August 2007 relating to the driver's licence and training in the conduct of motor pleasure craft;
The Council of State (section of public works) heard;
The Council of Ministers heard,
Decrete:
Article 23 of the above-mentioned Decree of 2 August 2007 is replaced by the following provisions:
"Art. 23.-A person who desires the approval to operate on an individual basis or to be an officer of law or fact of an establishment referred to in section 22 must justify compliance with the following conditions:
"I. ― General Conditions:
« 1° Being at least eighteen years old;
« 2° Have not been subjected to any of the convictions mentioned in the 1st of the 2 of Article 17 of the Act of 5 January 2006 referred to above and specified in the annex to this Order.
"The instructor service ensures compliance with this condition by verifying Bulletin No. 2 of the criminal record, or its equivalent to non-nationals, which it may receive through a secure telecommunications means;
« 3° To be certified as a trainer under the conditions set out in section 32 or, if not, to designate a certified training officer within the institution under the same conditions.
“II. • Conditions of professional qualifications:
« 1° Be a holder of a State degree or a title or diploma intended or approved of the higher or technological education of a level greater than or equal to level III, sanctioning legal, economic, accounting or commercial training, or a qualification recognized as equivalent to any of these titles or diplomas under conditions fixed by a decree of the ministers responsible for the sea and transport;
"Or having completed a certified training course on the management and operation of training institutions in driving.
"In the case of a non-profit association, the evidence provided for in the two preceding paragraphs is replaced by the annual production of the moral report and the financial report;
« 2° If qualifications have been acquired in a Member State of the European Union, or in another State Party to the Agreement on the European Economic Area, meet the following conditions:
“(a) General conditions of recognition:
“(i) To possess the qualification certificate or the training title prescribed to practise the occupation of a training establishment operator in the conduct of motor pleasure craft in the State in which the qualifications were acquired when it regulates access to the profession, its exercise or the training thereof;
“ii) Have practised in the preceding ten years the occupation of a training establishment operator in the conduct of motor pleasure craft in a State that does not regulate this profession, either full-time for two years, continuous or non-period, or part-time for a total duration equivalent to the two years required on a full-time basis, and have at least a certificate of competence or a training certificate attesting to the preparation for the exercise of that profession.
"The condition for professional experience provided for in ii is not required, however, when the applicant has a title sanctioning regulated training, specifically directed to the exercise of the profession, corresponding to a minimum secondary school cycle;
“(b) Conditions of validity of titles:
"The certificates of competence or the training titles mentioned in i and ii of the a must have been issued by a competent authority of a Member State of the European Union or another State Party to the agreement on the European Economic Area.
"is assimilated to the training title referred to in i and ii of any title or set of titles that:
" ― was issued by a competent authority of a Member State of the European Union or another State Party to the Agreement on the European Economic Area;
" ― punishes training acquired in the European Union or in the European Economic Area and recognized by the issuing State of the title as equivalent level;
"and confers the same rights of access or exercise of the profession of training establishment operator to the conduct of motor pleasure craft, or prepares for the exercise of this profession.
"It is also considered to be such a training title any professional qualification that, without meeting the requirements of the legislation, regulations or administrative provisions of the State of origin for access to the profession or exercise thereof, confers on its holder the rights acquired under these provisions.
"Also can justify their ability to manage a training establishment in the conduct of applicants who have a title enabling the exercise of the profession of training establishment operator in the conduct of motor pleasure craft acquired in a third country and admitted in equivalence in a Member State of the European Union or in another State party to the agreement on the European Economic Area, if that State regulates the exercise of the profession. They must also justify having practised the profession for three years in the State which admitted the equivalence of their title;
“(c) Compensation measures:
"The competent prefect for the purpose of issuing the approval referred to in section 22 may require an applicant who meets the conditions set out in the preceding paragraphs that he or she shall, at the applicant's choice, require an adaptation course of up to one year or submit to a suitability test in one of the following cases:
"when the training it has received covers material substantially different from those covered by the titles or diplomas mentioned in 1° of II of this article;
"when one or more of the regulated activities constitutive of the exploitation of training establishment for the conduct of motor pleasure craft in France do not exist in the corresponding profession in the State which has issued the certificate of competence or the training title of which the applicant presumes, and that this difference is characterized by a specific training that is required in France and which covers material substantially different from those covered by the title
"The content of the adaptation course or fitness test takes into account the knowledge acquired by the applicant during his or her professional experience.
"The applicant is exempted from the accommodation or fitness test if the knowledge he has acquired during his professional experience covers the entirety of the substantial difference between the training he has received and the training provided on French territory and required for the operation of training establishment for the conduct of motor pleasure craft in France.
"The terms of the internship and the aptitude test are specified by a decree of the ministers responsible for the sea and transport. »
Aunt second paragraph of Article 29 of the Decree of 2 August 2007 referred to above, the reference to section 26 is replaced by the reference to section 28.
The b of Article 31 of the above-mentioned Decree of 2 August 2007 is replaced by the following provisions:
“(b) The characteristics and conditions of accreditation of the training in the management and operation of the establishments referred to in 1° of II of Article 23; "
Article 32 of the above-mentioned Decree of 2 August 2007 is replaced by the following provisions:
"Art. 32.-A person who wishes to perform the duties of trainer in the conduct of motor pleasure craft must justify compliance with the following conditions:
"I. ― General Conditions:
« 1° Be a holder of the permit for which it provides training, or one of the previously issued and recognized equivalent titles.
"One of the titles or permits held must be held for at least three years; for holders of a title obtained prior to the coming into force of Article 17 of the amended January 5, 2006, this condition must be met before January 7, 2009;
« 2° Complete the necessary conditions of physical fitness established by decree of ministers responsible for the sea and transport;
« 3° Have not been subjected to any of the convictions mentioned in the 1st of the 2 of Article 17 of the Act of 5 January 2006 referred to above and specified in the annex to this Order.
"The instructor service ensures compliance with this condition by verifying Bulletin No. 2 of the criminal record, or its equivalent to non-nationals, which it may receive through a secure telecommunications means.
“II. • Conditions of professional qualifications:
“A. ― Have the following titles and qualifications:
« 1° Be a first aid training certificate;
« 2° Be a holder of a higher or equal level V title punishing a formation belonging to an educational or animation group, a sports title of the same level or a qualification recognized as equivalent to one of these titles or diplomas under conditions fixed by an order of the ministers responsible for the sea and transport;
« 3° Be the holder of the restricted maritime radio operator certificate of the marine mobile service, or of the restricted operator certificate, special operator certificate or general operator certificate;
"4° Justify, within five years of the coming into force of this decree, and, after that date, at the time of the application for approval, have completed an evaluation training.
"B. ― Either, when professional qualifications have been acquired in another Member State of the European Union or in another State Party to the Agreement on the European Economic Area, meet the following conditions:
« 1° General conditions of recognition:
“(a) To possess the certificate of competence or the training title prescribed to exercise the profession of trainer to the conduct of motor pleasure craft in the State in which the qualifications were acquired when the latter regulates the access to the profession, its exercise or training leading to it;
“(b) Have practised in the preceding ten years the profession of trainer in the conduct of motor pleasure craft in a State that does not regulate this profession, either full-time for two years, whether continuous or not, or part-time for a total duration equivalent to the two years required on a full-time basis, and have at least a certificate of competence or a training certificate attesting to the preparation for the exercise of this profession.
"The condition for professional experience provided for in b is not required, however, when the applicant has a title sanctioning regulated training, specifically directed to the exercise of the profession, corresponding to a minimum secondary school cycle;
« 2° Conditions of validity of titles:
"The certificates of competence or the training titles mentioned in a and b of the 1st must be issued by a competent authority of a Member State of the European Union or another State Party to the agreement on the European Economic Area.
"is assimilated to the training title mentioned in a and b, of 1° any title or set of titles that:
" ― was issued by a competent authority of a Member State of the European Union or another State Party to the Agreement on the European Economic Area;
" ― punishes training acquired in the European Union or in the European Economic Area recognized by the issuing State of the title as equivalent level;
"and confers the same rights of access or exercise of the training profession to the conduct of motor pleasure craft, or prepares for the exercise of this profession.
"It is also considered to be such a training title any professional qualification that, without meeting the requirements of the legislative, regulatory or administrative provisions of the State in which the qualifications for access to the profession or exercise of the profession have been acquired, confers on its holder the rights acquired under these provisions.
"Can also justify their ability to train in the conduct of motor pleasure craft the applicants who possess a title allowing the exercise of the profession acquired in a third country and admitted in equivalence in another Member State of the European Union or in another State Party to the agreement on the European Economic Area if that State regulates access to the profession, its exercise or training leading to it. They must also justify having practised the profession for three years in the State which admitted the equivalence of their title;
« 3° Compensation measures:
"The competent prefect to issue the authorization to teach under section 33 may require the applicant who meets the conditions set out in the preceding paragraphs that he or she has completed, at the applicant's choice, an adaptation course of up to one year or that he or she submits to a suitability test in one of the following cases:
“(a) Where the training it has received covers material substantially different from those covered by the titles, certificates and certificates referred to in A of II of this article;
“(b) When one or more of the regulated activities constitutive of the training in the conduct of motor pleasure craft in France do not exist in the corresponding profession in the State having issued the certificate of competence or the training title of which the applicant prevails, and that this difference is characterized by a specific training that is required in France and which covers material substantially different from those covered by this certificate or title.
"The content of the adaptation course or fitness test takes into account the knowledge acquired by the applicant during his or her professional experience.
"The applicant is exempted from the accommodation or fitness test if the knowledge he has acquired during his professional experience covers the entirety of the substantial difference between the training he has received and the training provided on French territory and required for training in the conduct of motor pleasure craft in France.
"The terms of the internship and the aptitude test are specified by decree of the ministers responsible for the sea and the transport. »
After article 32 of the above-mentioned decree of 2 August 2007, an article 32 bis is inserted as follows:
"Art. 32 bis.-The declaration provided for in 3 of Article 17 of the Act of 5 January 2006 referred to above is addressed to the competent prefect to issue the authorization to teach under section 33.
"A decree of the ministers responsible for the sea and transport sets out the list of documents accompanying this declaration when it is signed for the first time or in case of a change of situation.
"The declaration and attached documents may be transmitted by any means. They are attached, if any, to their translation into French.
"This statement is renewed once a year if the professional intends to provide services on a temporary and occasional basis in the national territory during the year concerned.
"The competent prefect conducts an audit of the professional qualifications of the declarant.
"In a maximum period of one month from the date of receipt of the declaration and of all the documents to accompany it, the prefect informs the professional of the outcome of this inspection, or requests for further information, indicating that the decision will be made before the end of the second month after the receipt of the additional information.
"In the event of a substantial difference between the professional qualifications of the applicant and the training provided on French territory, and the extent to which this difference is likely to adversely affect the safety of the service recipient, the professional is in a position to demonstrate that he has acquired the knowledge and skills missing by a fitness test. It is proposed to it within thirty days of the decision to submit it to the test, so that the benefit can intervene within the same period.
"The terms of the suitability test are specified by decree of the ministers responsible for the sea and the transport.
"In the absence of a prefect's decision within the time limits set out above, service delivery may be performed. »
I. ― In the first paragraph of Article 35 of the above-mentioned Decree of 2 August 2007, the words "3° of Article 32" are replaced by the words "2° of the A of Article 32".
II. – The second paragraph of the same article is deleted.
It is added to the decree of 2 August 2007 referred to an annex as follows:
« A N N E X E
"LIST OF INFRACTIONS FOR EQUIPMENTS TO THE EXERCISE OF ACTIVITIES OF EXPLOITING TRAINING TO THE CONDUCTING OF MOTHER PLAYING BATES AND FORMATOR TO THE CONDUCTING OF MOTHER PLAYING BATES
"I. ― Disclaims of Achievement to the Human Person Under the Criminal code :
"involuntary harm to life (art. 221-6-1);
"at the physical or psychological integrity of the person (arts. 222-9 to 222-13, 222-14 (3° and 4°), 222-19-1, 222-20-1, and 222-2 to 222-33);
" ― endangering the life of others (art. 223-1);
“—narcotic trafficking (art. 222-36, first paragraph, and 222-37-222-40);
"[i] obstruction of assistance measures and omission of relief (arts. 223-5-223-7);
“Proxiety (arts. 225-5 to 225-7, 225-10 and 225-11);
“—sexual assault on 15 years of age (arts. 227-25 and 227-26);
" — sexual assault on minors over 15 years of age without violence, coercion, threat or surprise by a major person abusing the authority conferred on him by his or her functions (art. 227-27).
“II. ― Disclaims of Achievement to Assets Under the Criminal code :
"Flight and attempted (arts. 311-3 to 311-6 and 311-13);
"extortion and attempt (art. 312-1, 312-2 and 312-9);
“– scam and attempt (arts. 313-1-313-3);
“abuse of trust (art. 314-1);
" — diversion of gage or seized object (arts. 314-5 and 314-6);
" — fraudulent insolvency organization (art. 314-7);
" — recel (arts. 321-1 and 321-2);
“—deteriorating property and attempt (arts. 322-1 to 322-4).
"III. ― Disclaims of breach of State authority and public trust provided by the Criminal code :
" ― active corruption and influence trafficking (arts. 433-1 and 433-2);
" ― outrage and rebellion against a person depositary of public authority (arts. 433-5, 433-7 and 433-8);
“—a false testimony and subornation of witness (arts. 434-13 to 434-15);
"false, use of false writing and possession of false administrative documents (arts. 441-1 to 441-3);
" ― inaccurate certificate or certificate establishment, after soliciting offers, gifts or benefits (art. 441-8).
"IV. ― Delite provided by the law of 23 December 1901, as amended, punishing fraud in public examinations and examinations.
"V. ― Delits Labour code :
" ∙ impairment of professional equality between men and women (art.L. 1142-1);
"– Illegal supply of labour (art. L. 8231-1);
"– ready to work (art.L. 8241-1);
“ — concealed work (art. L. 8221-1324-9, L. 8221-3324-10 and L. 8224-1, L. 8224-2362-3 to L. 8224-4362-5);
" ― use of illegal foreign nationals (art.L. 8251-1).
“VI. – Delit provided by Public Health Code :
" — unlawful use of any of the substances or plants classified as narcotics (art.L. 3421-1). »
8
In Article 37 of the above-mentioned Decree of 2 August 2007, the words: "with the exception of Articles 4, 22 and 33" are replaced by the words: "with the exception of Articles 4, 22, 32 bis and 33 as they determine the competent prefect to make the decisions set out in these articles. »
9
The Prime Minister, the Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, the Minister of State, guard of seals, Minister of Justice and Freedoms, and the Secretary of State for Transport are responsible, each with respect to it, for the application of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, February 23, 2010.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister of State, Minister of Ecology,
of energy, sustainable development and the sea,
green technologies
and climate negotiations,
Jean-Louis Borloo
The state minister, keep seals,
Minister of Justice and Freedoms,
Michèle Alliot-Marie
Secretary of State
Transport Officer
Dominic Bussereau
