Key Benefits:
Publics concerned: service providers established in the national territory, or established in another Member State of the European Union or a State Party to the Agreement on the European Economic Area and temporarily and occasionally operating in France:
- exploration of the continental shelf and exploitation of its natural resources;
- sale of objects of any kind in trains, courses or buildings of stations and stations, and outbuildings of the public railway domain;
- fluvial freight broker;
- Transport commissioner;
- expert geometer;
collecting used oils;
- treatment or decontamination of waste containing PCB;
- maintenance and operation of aerodromes (concession and authorization of private equipment with public service obligation).
Subject: As part of the transposition of Directive 2006/123/EC on services in the domestic market, the decree transposes various regulatory measures for the above-mentioned services activities under the competence of the Ministry of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations.
Entry into force: immediate.
Notice: Directive 2006/123/EC establishes a general legal framework for the exercise of the freedom of establishment of service providers and the free provision of services within the European Union. The decree aims to remove the obstacles to the development of services between Member States by removing, on the one hand, the so-called prohibited requirements provided for in Article 14 of the Directive and, on the other hand, by amending the requirements under review and whose maintenance in terms of non-discrimination, necessity and proportionality cannot be justified in accordance with Articles 9, 10, 15, 16 and 24 of the Directive. It also introduces the modalities to ensure the free delivery of services of providers legally established in their Member State of origin.
References: the texts amended by this decree can be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
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,
Having regard to Regulation (EC) No. 1013/2006 of the European Parliament and the Council of 14 June 2006 concerning waste transfers;
Considering Directive 2006/123/EC of the European Parliament and the Council of 12 December 2006 on services in the domestic market;
Considering the Civil Aviation Code;
Considering the environmental code, including articles L. 541-22, R. 543-6 and R. 543-34;
Considering the general code of public ownership, including articles L. 2122-6 to L. 2122-14;
Vu le general code of territorial authoritiesincluding articles L. 4424-17 and L. 4424-24;
Considering the code of the State domain, including articles R. 57-3 and R. 57-4;
Having regard to Act No. 1845-07 of 15 July 1845 amended on the railway police, including Article 23-1;
Vu la Act No. 46-942 of 7 May 1946 modified establishing the order of expert geometers;
Vu la Act No. 68-1181 of 30 December 1968 amended to explore the continental shelf and to exploit its natural resources, including articles 2 and 38;
Vu la Act No. 82-1153 of 30 December 1982 modified inland transport orientation, including articles 8 and 20;
Vu la Act No. 90-1258 of 31 December 1990 amended to apply in the form of companies of liberal professions subject to legislative or regulatory status or whose title is protected and to companies of financial participation of liberal professions;
Having regard to the amended Decree of 22 March 1942 on the Police, Safety and Operation of Railways of General Interest and Local Interest, including Article 85;
Vu le Decree No. 71-360 of 6 May 1971 amended to implement Act No. 68-1181 of 30 December 1968 relating to the exploration of the continental shelf and the exploitation of its natural resources, including its article 1;
Vu le Decree No. 90-200 of 5 March 1990 amended on the exercise of the profession of transport commissioner;
Vu le Decree No. 92-618 of 6 July 1992 relative to the common practice of the profession of expert geometer as a liberal practice society;
Vu le Decree No. 96-478 of 31 May 1996 amended to regulate the profession of expert geometer and code of professional duties;
Vu le Decree No. 96-488 of 31 May 1996 relating to the exercise of the profession of river freight broker;
Having regard to the advice of the Board of Directors of the National Chamber of the Crafts Building dated 22 January 2010;
Having regard to the opinion of the Higher Council of the Order of Experts of 27 January 2010;
The State Council (section of public works) heard,
Decrete:
Article 1 of the above-mentioned decree of 6 May 1971 is amended as follows:
1° The first paragraph is amended to read:
(a) The words: "in metropolitan France" are replaced by the words: "in the territory of a Member State of the European Union or a State Party to the Agreement on the European Economic Area";
(b) After the words: "all obligations", the words "and all formalities" are deleted;
2° The second paragraph is deleted.
The first three paragraphs of section 85 of the above-mentioned Decree of 22 March 1942 are replaced by the following paragraph:
"A commercial operation or distribution of any object, as a professional measure, in the railway station courses or buildings may be carried out or carried out only by virtue of a title of occupation of the railway public domain. »
The above-mentioned Decree No. 96-488 of 31 May 1996 is amended:
1° Section 2 is amended as follows:
(a) The first paragraph is replaced by the following:
"The fluvial freight broker established in France must be registered in the registry of the fluvial freight brokers held by the prefect in the North - Pas-de-Calais region. A certificate of registration is issued to him. » ;
(b) The second paragraph is deleted;
(c) It is added a paragraph to read:
"By derogation from the preceding subparagraphs, nationals legally established in another Member State of the European Union or another State Party to the European Economic Area Agreement are exempted from the requirement to register to exercise in France the activity of a temporary exchange carrier. » ;
2° Article 6 is repealed;
3° Section 8 is amended as follows:
(a) The first paragraph is replaced by the following paragraph:
"Frivial freight brokers who have the certificate of registration in the register or benefiting from the derogation provided for in section 2 of this decree are entitled to carry out any brokerage in the metropolitan territory. This certificate is personal and inceible";
(b) In the second paragraph, after the words: "the beneficiary of the transmission or the tenant" are added the words: ", if established in France,".
The above-mentioned decree of 5 March 1990 is amended:
1° In the third paragraph of Article 2, the words: "professional capacity, honesty and financial capacity defined in Articles 3 to 7 below" are replaced by the words: "professional capacity and professional honesty defined in Articles 3 to 6 below";
2° Section 6 is amended as follows:
(a) In the first paragraph of 1°, the word "He" is replaced by the words: "For companies with headquarters in France, it";
(b) After the seventh paragraph of the first paragraph, it is added a paragraph as follows:
"For companies with a statutory seat in another EU Member State or a party to the agreement on the European Economic Area, the condition of professional honesty must be met by the leaders or associates of the establishments located in France. » ;
(c) In the eighth paragraph of the first paragraph, which becomes ninth paragraph, the words "either of the company or within the company" are replaced by the words "in the company or, in the case provided for in the preceding paragraph, within the establishment";
(d) In the last paragraph of 1°, the words "in both paragraphs" are replaced by the words "in subparagraphs";
(e) In the second paragraph of the second paragraph of the second paragraph, the word "sented" is deleted and the words "bringing a ban to exercise" are replaced by the words "pronouncing a prohibition to practise";
3° Articles 7, 13 and 14 are repealed;
4° In Article 10, the words "of his professional capacity, honorability and financial capacity under the conditions set out in Articles 11 to 16" are replaced by the words "of his professional capacity under the conditions laid down in Article 11";
5° Section 16 is amended as follows:
(a) In the first paragraph, the words "articles 13, 14 and 15" are replaced by the words "in article 15";
(b) In the second paragraph, the word "13" is deleted.
The above-mentioned Decree No. 96-478 of 31 May 1996 is amended:
1° The last two paragraphs of Article 26 are deleted;
2° The last paragraph of Article 29 is deleted;
3° Section 30 is amended as follows:
(a) In the first paragraph, the words: "with the authorization of" are replaced by the words: "after declaration to";
(b) The second, third and fourth subparagraphs are deleted;
(c) In the fifth paragraph, the words: "application for authorization" are replaced by the words: "report";
4° The last three paragraphs of Article 31 are deleted;
5° The last paragraph of Article 53 is deleted;
6° The first paragraph of Article 54 is deleted.
In article 4 of the above-mentioned decree of July 6, 1992, the words: "A quarter at the most of the capital" are replaced by the words: "A share of the capital, which remains less than half of it,".
The environmental code is modified as follows:
1° After the third paragraph of article R. 543-6, it is inserted two paragraphs as follows:
"By derogation from the accreditation regime provided for in this Article, any provider legally established and authorized to carry out similar operations in another Member State of the European Union or in another State Party to the Agreement on the European Economic Area may exercise this activity in France, where the authorization of which it benefits in that State shall have guarantees equivalent to those required by national regulations and subject to having previously declared its activity with the competent administrative authority.
In the event of cross-border transfers of used oils, the provider referred to in the preceding paragraph must comply with the provisions of Regulation (EC) No. 1013/2006 of the European Parliament and the Council of 14 June 2006 concerning waste transfers. » ;
2° In the third paragraph of section R. 543-34, the words: "is the company's headquarters" are replaced by the words: "the company has its principal establishment in the national territory".
Sections R. 223-3 and R. 223-4 of the Civil Aviation Code are repealed.
The Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, May 27, 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
