Decree No. 2011-759 28 June 2011 Containing Various Regulatory Measures Of Adaptation To Law Of The European Union In The Field Of Recognition Of Professional Qualifications And Services In The Internal Market

Original Language Title: Décret n° 2011-759 du 28 juin 2011 portant diverses mesures réglementaires d'adaptation au droit de l'Union européenne dans le domaine de la reconnaissance des qualifications professionnelles et des services dans le marché intérieur

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Texts transposed Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market summary amendment of decrees 90-200 and 96-478.
Addition to transposition of the European directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications including the transposition has been completed. Partial transposition of directive 2006/123/EC of the European Parliament and of the Council on services in the internal market.
Keywords sustainability, driving instruction, road safety, professional, service provider, responsible for the establishment of teaching of driving and road safety, responsible for establishment of the conduct, head of Center of awareness courses teacher training A security road, gas has greenhouse, QUOTAS, Exchange system, auditor organization, ANIMAL NON-domestic, head of institution holding of animals non-domestic
, Freight FORWARDER, civil aviation, PERSONNEL NAVIGANT professional, qualifications, recognition, European UNION, EU, European economic area, EEA, exercise of the PROFESSION, European DIRECTIVE COMPLEMENT of TRANSPOSITION, TRANSPOSITION partial JORF n ° 0150 June 30, 2011 page 11033 text no. 16 Decree No. 2011-759 by June 28, 2011 on the various regulatory measures to adapt to the EU law in the field of recognition of professional qualifications and services in the internal market NOR : DEVK1107257D ELI: https://www.legifrance.gouv.fr/eli/decret/2011/6/28/DEVK1107257D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2011/6/28/2011-759/jo/texte concerned audiences: professionals and providers of services established on national territory, or another Member State of the European Union or a State party to the agreement on the European economic area and engaged occasionally in France the following activities : ― teacher of driving and road safety;
responsible ― for the establishment of teaching of driving and road safety, head of institution of teacher training of driving, head of Center of road safety awareness courses;
― Verifier under the system of trading greenhouse gas emission;
responsible ― of establishment where animals of species not domestic;
― freight forwarder;
― surveyor;
― personal professional crew of civil aeronautics.
Subject: Decree is aimed, on the one hand, with regard to directive 2005/36/EC on the recognition of professional qualifications, to make changes to four occupational schemes and, on the other hand, complete the transposition of directive 2006/123/EC on services in the internal market relating to various professions and service activities.
Entry into force: immediate.
Notice: the directive 2005/36/EC of 7 September 2005 on the recognition of professional qualifications establishes rules according to which a Member State which makes access to a regulated profession or pursuit, possession of a professional qualification conditional recognizes, for access to the profession or pursuit qualifications acquired in another EU Member State European. The decree makes changes to four regulatory regimes relating to access to the teaching profession of driving and road safety, freight forwarder, head of establishment where animals of non-domestic species and surveyor.
Directive 2006/123/EC of 12 December 2006 on services in the internal market establishes a general legal framework promoting the exercise of the freedom of establishment for service providers and the free movement of services within the European Union. The decree aims to establish compliance regulations with the amendments introduced by law No. 2011-12 January 5, 2011 on various provisions for the adaptation of the legislation to the law of the European Union and order No. 2010 - 1232 of October 21, 2010, containing various provisions of adaptation to the right of the Union European environmental and order No. 2010 - 1307 of 28 October 2010 on the legislative transportation code part. Have thus been removed requirements prohibited or not justified with regard to their necessity and their proportionality to the professions and activities of head of school of the conduct, training of teachers and centre of awareness courses in road safety, of Verifier under the system of trading greenhouse gas emission surveyor and civil aviation professional aircrew.
References: the texts amended by this Decree may be consulted in their issue drafting of this amendment, the site of Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister, on the report of the Minister of ecology, sustainable development, transport and housing, the Minister of the Interior, of the overseas communities land and immigration and the Minister of higher education and research, having regard to directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance within the community and amending directive 96/61. Council, set the directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending it;
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 directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market;
Having regard to the code of the environment, particular articles L. 229 - 5 at L. 229 - 19, L. 413 - 2, R. 229 - 20, R. 413 - 1 to R. 413 - 7 and R. 413 - 25-R. 413 - 27;
Having regard to the code of the road, particular articles L. 212 - 1, L. 213 - 1 to L. 213 - 8, R. 212 - 1, R. 213 - 2 and R. 213-2-1;
Having regard to the code of transport, particular articles l. 1422-1 to l. 1422-5;
Pursuant to law n ° 46-942, may 7, 1946 amended establishing the order of expert surveyors;
Having regard to law no 2000 - 321 of 12 April 2000, amended on the rights of the citizens in their relations with Governments;
Saw order No. 2010 - October 28, 2010 1307 relating to the legislative part of the code of transport, particular article 7 thereof;
Having regard to Decree No 90-200 of 5 March 1990 amended relating to the exercise of the profession of freight forwarder;
Considering Decree No. 96-478 of 31 May 1996 amended regulation of the profession of surveyor and code of professional duties;
Considering Decree No. 2010-300 of 22 March 2010 relating to the preparation of the extension of the system of trading emission of greenhouse gases, including article 1;
Having regard to the opinion of the Supreme Council of the order of expert surveyors dated March 16, 2011;
Having regard to the opinion of the standing inter-ministerial group of road safety dated March 30, 2011;
The Council of State (section of public works) heard, enacts as follows: Article 1 more on this article...

Teacher of driving and road safety.
4 ° of article R. 212 II - 1 of the code of the road, after the words: "when activity ', shall be inserted the words: 'or training leading thereto '.


Article 2 more on this article...

Head of school of driving and road safety, establishment of teacher training of driving and centre of road safety awareness courses.
The highway code is amended as follows: 1 ° A article R. 213 - 2, 4 ° of the I and 4 ° of the II are repealed;
2 ° to the first paragraph of article R. 213-2-1, the words: "to the 2 ° and 4 ° of the I and the 2 ° and 4 ° of the II" are replaced by the words: 'to 2 ° to 2 ° of the II and I.


Article 3 read more on this article...

Verifier under the system of trading greenhouse gas emissions.
I. — in the first subparagraph of article R. 229 - 20 of the code of the environment, the words: "authorized under the conditions laid down in article 40 of Decree No 77 - 1133 of September 21, 1977, as amended taken for the application of law No 76-663 of 19 July 1976 relating to the installations classified for the protection of the environment" are replaced by the words: "declared to the administrative authority and accredited for this purpose.
II. — in the second paragraph of article 1 of the Decree of March 22, 2010 above, the word: 'chartered' is replaced by the words: "declared to the administrative authority and accredited for this purpose.


Article 4 more on this article...

Head of institution where animals of non-domestic species.
The code of the Environment amended as follows: 1 ° the IV of article R. 413 - 4 is amended as follows: a) the second sentence of the first subparagraph is deleted;
(b) the second subparagraph is deleted;
(c) in paragraph 5, the words: "as well as the place and date of the first of them" are deleted;
(d) in the sixth preambular paragraph, the words: 'the Community' shall be replaced by the words: 'the Union' and the words: "exercise" shall be replaced by the words: ' to carry '.
(e) in paragraph 8, after the words: "when the taking up or pursuit of the intended activity ', shall be inserted the words:", or training leading thereto ';

(f) paragraph 9 is replaced by the following clause: "6 ° a document providing information about insurance coverage or other means of personal or collective protection concerning professional responsibility";
(g) after the ninth preambular paragraph, the following paragraph is inserted: 'within a period that does not exceed one month from the receipt of the declaration and documents attached, the prefect of the Department shall inform the claimant of the result of this control or shall make a request for further information. In the latter case, the prefect shall notify its final decision within a period of two months from the receipt of the complete declaration. » ;
(h) after the eleventh preambular paragraph be inserted following paragraph: "the prefect shall issue a certificate of qualification worth certificate of exemption from certificate of capaciteau applicant having passed an aptitude test.";
(i) at the beginning of the twelfth preambular paragraph, before the words: "if professional qualifications», are added the words: ' if the claimant refuses to submit to this test or" and, after the words: "if professional qualifications», are added the words:"assessed during this ";
(j) after the twelfth preambular paragraph, the following paragraph is inserted: "the conduct of the aptitude test and the decision taken at the end of this event must occur within a period not exceeding one month of the decision to submit the provider requesting the exemption to this test.";
(k) the last subparagraph is replaced by the following paragraph: 'In the absence of decision by the prefect of the Department within the mentioned time limits both for control of the declaration for the Organization and conduct of the aptitude test, the recognition of the professional qualification is deemed to be earned and service delivery can be carried out.';
(l) after the last paragraph, two well written paragraphs is added: 'the certificate provided for in the preceding paragraphs may be suspended or withdrawn by the prefect of the Department in the event of a ban, even temporary, exercise of the claimant in the State of establishment or in the event of breaches cause harm to the health or safety of the public or animals, after the claimant has been able to submit its observations.
Where the provider exercises temporarily on french territory the activity for which the recognition of qualification has been acquired, it shall inform the place and date the prefect of the Department where this activity is carried out. » ;
2 ° the II of article R. 413 - 26 is amended as follows: a) at the end of the first paragraph, are added the words: 'and educated by the prefect of the Department within the time limits set by this article.';
(b) the last three paragraphs are replaced by the following subparagraph: "it gives rise to the issuance of a certificate of exemption from certificate for a certificate of qualification or capacity worth certificate of exemption from certificate of competence according to the defined terms in IV of article R. 413 - 4. ';
(c) after the last paragraph, two well written paragraphs is added: 'the certificate provided for in the preceding paragraph may be suspended or withdrawn by the prefect of the Department in the event of a ban, even temporary, exercise of the claimant in the State of establishment or in the event of breaches cause harm to the health or safety of the public or animals, after the claimant has been able to submit its observations.
Where the provider exercises temporarily on french territory the activity for which the recognition of qualification has been acquired, it shall inform the place and date the prefect of the Department where this activity is carried out. ' Article 5 more on this article...

Freight forwarder.
II of article 11 of the Decree of 5 March 1990 referred to above shall be replaced by the following: 'II '. ― Professional competence provided for in the preceding article may also be proved by the possession by the staff member of a certificate of skills or a title of training concerning the activities referred to in article 1 of this Decree the following manner: 1 ° General Conditions of recognition: subject to the provisions of 3 °, the person concerned shall as applicable: a) possess a certificate of competence or evidence of formal prescribed for practise freight forwarder in the State in which have acquired the qualifications when it regulates access to the profession, its exercise or training leading thereto;
(b) practising for two years full-time during the previous ten years of freight forwarder in a State which does not regulate that profession, and have at least an attestation of competence or evidence of formal certifying that it has been prepared for the practice of this profession. Two years of professional experience are however not payable when the training held titles attest a regulated training.
Is also assimilated and recognised qualification any qualification conferring vested rights to the holder pursuant to legislative, regulatory or administrative provisions of the State of origin that have been modified subsequently by that State, in particular, to raise the level of training required for access to the profession of freight forwarder. Similarly, any title of training or certificate allowing this practice acquired in a third country and admitted equivalence by a State, or party, is recognized once the person concerned has, in addition, in fact exercised for three years the activity in the State who admitted equivalence.
2 ° conditions of validity of the titles of training and certificates of competence: certificates of competence or the qualifications referred to in 1 ° must: a) have been issued or recognized by a competent authority designated in accordance with the provisions in force in one of the States members of the European Union or of another State party to the agreement on the European economic area;
b) certify a level of professional qualification at least equivalent to the level immediately below the diplomas and titles referred to in article 4 of this Decree.
3 ° adaptation period and aptitude test: also the conditions in 1 °, the prefect of the region may decide to perform the person concerned an adaptation period or to submit to an aptitude test before ruling on the recognition of his qualification, in one of the following cases: has) certified training lasts less than one year than that required to get one of the diplomas or titles mentioned in article 4;
(b) the door received training on substantially different matters by its duration or its contents, of those covered by one of the diplomas or titles mentioned in article 4 and the knowledge of which is essential to the exercise of the profession;
(c) one or more of the regulated activities which constitute the formation of forwarding agent in France do not exist in the profession in the State having issued the certificate of competence or for training which the applicant relies, and that this difference is characterized by a specific training required in France and which deals with substantially different matters from those covered by this certificate or this title.
The person concerned has the choice between an adaptation period and an aptitude test.
"Before asking such a measure, the prefect of region checks whether the knowledge acquired by the person concerned during his professional experience in a member or part, State or in a third State are likely to cover, totally or partially, the substantial difference in terms of duration or content referred to the a, b, or c.".


Article 6 read more on this article...

Surveyor.
The Decree of 31 May 1996 referred to above is amended as follows: i. ― Chapter I of title I is amended as follows: 1 ° to the first paragraph of article 2, the words: 'who have successfully passed the test of the preliminary examination of the diploma of land surveyor or in are regularly exempted' are replaced by the words: "meeting the conditions required for obtaining the diploma of land surveyor issued by the Government."
2 ° article 3 is amended as follows: a) in the first paragraph, the words: 'who have successfully passed the test of the preliminary examination of the diploma of land surveyor or to have regularly provided' are replaced by the words: "meeting the conditions required for obtaining the diploma of land surveyor issued by the Government."
(b) in the second paragraph, after the words: "responsibility", are added the words: "and monitoring", and the last two sentences are replaced by the following sentence: "the internship consists of the performance of work professionals enrolling in the activities described in the 1 ° of article 1 of Act No. 46-942, may 7, 1946, as amended.»
II. — Chapter II of title I is amended as follows: 1 ° A article 7, after the words: "or party to the European economic area agreement", are added the words: "and to natural persons exercising or entitled to practise this profession in the territory of a State or sub-State entity which the competent authorities have concluded an agreement of mutual recognition of professional qualifications with the order of expert surveyors ';
2 ° article 7 paragraph 1 is amended as follows:

(a) in the first subparagraph, the words: ' a State' shall be replaced by the words: "or a natural person of a State or sub-State entity" and after the words: "as one of these other than the France States", are added the words: "or sub-State entity."
(b) in the third paragraph, after the words: "of one of the States", the words are added: 'or sub-State entity. "
(c) in the fourth paragraph, the words: ", equivalent to 180 credits of the European system of transferable credits (ECTS), ' shall be deleted;
(d) in paragraph 5, after the words: "national of one of the States", are added the words: "or the physical person of a State or sub-State entity" and after the words: "in one of the States", the words are added: 'or sub-State entity. "
(e) in paragraph 8, after the words: "of one of the States", the words are added: "or sub-State entity" and after the words: "by that State", are added the words: "or this sub-State entity."
(f) in the ninth, eleventh, twelfth and thirteenth paragraphs, after the words: 'the national', are added wherever the words: "or the natural person referred to in article 7."
(g) in the tenth preambular paragraph, after the words: "of the national", are added the words: "or the natural person referred to in article 7."
(h) in the eleventh preambular paragraph, after the words: "corresponding in the State", are added the words: "or in the sub-State entity."
3 ° A section 7-2, the words: 'member of the European Union or party to the European economic area agreement' shall be replaced by the words: "or the sub-State entity" and after the words: 'of that State", are added the words:"or this sub-State entity. "
4 ° a article 7-3, after the words: "National of one of the States", are added the words: "or the physical person of a State or sub-State entity.
III. ― Chapter VI of title VI is amended as follows: 1 ° A the title of Chapter VI, the words: 'members of the European Union or parties to the European economic area agreement' shall be replaced by the words: "other than the France or sub-State entities having concluded an agreement of mutual recognition."
2 ° article 119-1, the words: 'members of the European Union or parties to the European economic area agreement' shall be replaced by the words: "other than the France or sub-State entities having concluded an agreement of mutual recognition of professional qualifications with the order of the expert surveyor";
3 ° article 119 (2), the words: 'member of the European Union or party to the European economic area agreement' shall be replaced by the words: "other than the France or sub-State entity having concluded an agreement of mutual recognition of professional qualifications with the order of expert surveyors ';
IV. — Title VII is amended as follows: 1 ° to the heading of title VII and Chapter VIII of title VII, the word: 'accessories' is deleted;
2 ° has the title of chapter I, the words: ' ancillary' shall be deleted;
3 ° to the first paragraph of article 121, the words: ", in a manner incidental or occasional," shall be deleted;
4 ° chapter II is repealed;
5 ° to the first paragraph of article 127, the word: 'accessory' is deleted;
6 ° article 132 is amended as follows: has) in the first sentence of the first paragraph, after the words: "by the surveyor on behalf of others', the word: 'are' is replaced by the words:"may be ".
(b) in the third paragraph, after the words: "on behalf of the syndicate of co-owners,", the words: 'the obligation of depositing resulting of the first subparagraph applies.' as well as the following sentence shall be deleted and replaced by the words: "the surveyor shall notify the Supreme Council of the order of the opening of this account and the amounts passing.";
7 ° article 133 is repealed;
8 ° article 134 is amended as follows: has) in the first subparagraph, the words: ' the caisse's financial regulations"shall be replaced by the words:"institutions referred to in the second paragraph of II of article 8-1 of the aforementioned law of May 7, 1946, as amended. "
(b) in the second paragraph, after the words: "as soon as the justification for the effective collection and", are added the words: 'in the case where the funds received are deposited in the Fund referred to in the second paragraph of II of article 8-1 of the aforementioned law of May 7, 1946, as amended,';
9 ° to the last paragraph of article 147, the words: 'and compliance with the provisions of chapter II of this title' shall be deleted;
10 ° the last paragraph of article 155 article 159 are deleted.


Article 7 read more on this article...

Professional civil aviation aircrew.
Article R. 421 - 4 of the civil aviation code is repealed.


Article 8 more on this article...

Minister of ecology, sustainable development, transport and housing, the Minister of the Interior, of the overseas communities land and immigration and the Minister of higher education and research are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.


Made June 28, 2011.
François Fillon Prime Minister: the Minister of ecology, sustainable development, transport and housing, Nathalie Kosciusko-Morizet the Minister of the Interior, of the overseas territorial collectivities and immigration, Claude Guéant Minister of higher education and research, Valérie Pécresse

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