Key Benefits:
Publics concerned: professionals and service providers established in the national territory, or another Member State of the European Union or of a State Party to the agreement on the European Economic Area and occasionally carrying out activities in France:
- teaching driving and road safety;
― responsible for training in driving and road safety education, responsible for training teachers of driving, responsible for an awareness training centre on road safety;
– an audit body within the framework of the Greenhouse Gas Emission Exchange System;
- responsible for establishing non-domestic animals;
– Transport commissioner;
- expert geometer;
– professional navigating personnel of civil aeronautics.
Subject: The purpose of the decree is, on the one hand, under Directive 2005/36/EC on recognition of professional qualifications, to make amendments to four occupational regimes and, on the other, to complete the transposition of Directive 2006/123/EC on services in the domestic market regarding various professions and services activities.
Entry into force: immediate.
Notice: Directive 2005/36/EC of 7 September 2005 on recognition of professional qualifications sets out the rules that a Member State that provides for access to a regulated profession, or exercise, to the possession of a professional qualification recognizes, for access to that profession or exercise, the qualifications acquired in another Member State of the European Union. The Order makes amendments to four regulatory regimes relating to access to the profession of driving and road safety teacher, transportation commissioner, establishment manager holding animals of non-domestic species and expert geometer.
Directive 2006/123/EC of 12 December 2006 on services in the domestic market provides 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 Order is intended to bring regulatory provisions into line with the amendments introduced by the Order Act No. 2011-12 of 5 January 2011 bringing various provisions for adapting legislation to European Union law and theOrder No. 2010-1232 of October 21, 2010 bringing various provisions for adaptation to European Union environmental law and Order No. 2010-1307 of 28 October 2010 on the legislative part of the transport code. This has resulted in the removal of prohibited or unwarranted requirements in terms of their need and proportionality for the professions and activities of the conduct education institution, teacher training and road safety awareness training centre, an audit body within the framework of the Greenhouse Gas Emission Exchange System, an expert geometer and civil aviation personnel.
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 Ecology, Sustainable Development, Transport and Housing, the Minister of Interior, Overseas, Territorial Authorities and Immigration and the Minister of Higher Education and Research,
In light of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003, establishing a system for the exchange of greenhouse gas emission quotas in the Community and amending Council Directive 96/61/EC, together with Directive 2009/29/EC of the European Parliament and Council of 23 April 2009, which amended it;
Considering Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications;
Considering Directive 2006/123/EC of the European Parliament and the Council of 12 December 2006 on services in the domestic market;
Considering the environmental code, including articles L. 229-5 to L. 229-19, L. 413-2, R. 229-20, R. 413-1 to R. 413-7 and R. 413-25 to R. 413-27;
Vu le road codeincluding articles L. 212-1, L. 213-1 to L. 213-8, R. 212-1, R. 213-2 and R. 213-2-1;
Considering the transport code, including articles L. 1422-1 to L. 1422-5;
Vu la Act No. 46-942 of 7 May 1946 Amending the Order of Expert Geometers;
Vu la Act No. 2000-321 of 12 April 2000 amended on the rights of citizens in their relations with administrations;
In light of Order No. 2010-1307 of 28 October 2010 relating to the legislative part of the transportation code, including Article 7;
Vu le Decree No. 90-200 of 5 March 1990 amended on the exercise of the profession of transport commissioner;
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. 2010-300 of 22 March 2010 the preparation of the extension of the greenhouse gas emission quota system, including Article 1;
Having regard to the advice of the Higher Council of the Order of Experts of 16 March 2011;
Considering the opinion of the permanent interdepartmental road safety group of 30 March 2011;
The State Council (section of public works) heard,
Decrete:
Teacher of road driving and road safety.
In the 4th of Article R. 212-1 of the road code, after the words: "when the activity" are inserted the words: "or the formation leading to it".
Responsible for the education of road driving and road safety, training establishment of driving teachers and training center for road safety awareness training courses.
The road code is thus modified:
1° In R. 213-2, 4° of I and 4° of II are repealed;
2° In the first paragraph of article R. 213-2-1, the words "at 2° and 4° of I and at 2° and 4° of II" are replaced by the words "at 2° of I and 2° of II".
An audit body within the framework of the Greenhouse Gas Emission Exchange System.
I. ― In the first paragraph of section R. 229-20 of the Environmental Code, the words "accredited under the conditions provided for in theArticle 40 of Decree No. 77-1133 of 21 September 1977 modified for application of Act No. 76-663 of 19 July 1976 for facilities classified for the protection of the environment are replaced by the words: "reported to and accredited to the administrative authority."
II. ― In the second paragraph of Article 1 of the above-mentioned Decree of March 22, 2010, the word "accredited" is replaced by the words "reported to the administrative authority and accredited to that effect".
Establishment manager holding non-domestic animals.
The environmental code is amended as follows:
1° The IV of Article R. 413-4 is amended as follows:
(a) The second sentence of the first paragraph is deleted;
(b) The second paragraph is deleted;
(c) In the fifth paragraph, the words "as well as the place and date of the first of them" are deleted;
(d) In the sixth paragraph, the words "the Community" are replaced by the words "the Union" and the words "that it exercises" are replaced by the words "to exercise";
(e) In the eighth preambular paragraph, after the words: "When the access or exercise of the activity envisaged", the words ", or the training leading to it" are inserted;
(f) The ninth paragraph is replaced by the following paragraph:
« 6° A document providing information on insurance coverage or other means of personal or collective protection regarding professional liability;
(g) After the ninth paragraph, the following paragraph shall be inserted:
"In a period not exceeding one month from the date of receipt of the declaration and the attached documents, the department's prefect informs the service provider of the outcome of this inspection or requests for further information. In the latter case, the prefect notifies his final decision within two months of receiving the full declaration. » ;
(h) After the eleventh preambular paragraph, the following aliena shall be inserted:
"The prefect delivers a certificate of professional qualification, varing certificate of exemption from the applicant's certificate of qualification having passed the aptitude test. » ;
(i) At the beginning of the twelfth preambular paragraph, before the words: "If professional qualifications" are added, the words: "If the provider refuses to submit to the test or" and, after the words: "if professional qualifications" are added the words: "valued during the trial";
(j) After the twelfth paragraph, the following paragraph shall be inserted:
"The course of the suitability test and the decision made at the end of this test shall be taken within a period not exceeding one month from the decision to submit the supplier requesting the exemption to this test. » ;
(k) The last paragraph is replaced by the following paragraph:
"In the absence of a decision of the department's prefect within the time limits mentioned both for the control of the declaration and for the organization and conduct of the fitness test, the recognition of the professional qualification is deemed to be acquired and the provision of services can be performed. » ;
(l) After the last paragraph, two paragraphs are added:
"The certificates provided for in the preceding paragraphs may be suspended or withdrawn by the department's prefect in the event of a prohibition, even temporary, of the service provider's exercise in the State of establishment or in the event of breaches that would adversely affect the health or safety of the public or of the animals, after the provider has been given the opportunity to present his observations.
When the provider temporarily exercises in French territory the activity for which recognition of professional qualification has been acquired, it shall communicate the place and date to the prefect of the department where such activity is carried out. » ;
2° Article R. 413-26 is amended as follows:
(a) At the end of the first paragraph, the words are added: "and instructed by the department's prefect within the time limits set by the same article. » ;
(b) The last three paragraphs are replaced by the following paragraph:
"It shall result in the issuance of a certificate of exemption from a certificate of capacity or a certificate of professional qualification, which shall be the certificate of exemption from a certificate of capacity as defined in the IV of Article R. 413-4. » ;
(c) After the last paragraph, two paragraphs are added:
"The certificates provided for in the preceding paragraph may be suspended or withdrawn by the department's prefect in the event of a prohibition, even temporary, of the service provider's exercise in the establishment State or in the event of any breaches that would adversely affect the health or safety of the public or animals, after the provider has been given the opportunity to present his observations.
When the provider temporarily exercises in French territory the activity for which recognition of professional qualification has been acquired, it shall communicate the place and date to the prefect of the department where such activity is carried out. »
Transport commissioner.
Article 11 II of the above-mentioned Decree of 5 March 1990 is replaced by the following provisions:
“II. ― The professional capacity provided for in the preceding article may also be proven by the person concerned to have a certificate of competence or a training title relating to the activities referred to in Article 1 of this Decree in the following manner:
1° General conditions of recognition:
Subject to the provisions of 3°, the interested party shall, as the case may be:
(a) possess a certificate of competence or a training title prescribed to practise the profession of transport commissioner in the State in which the qualifications were acquired when it regulates access to the profession, exercise or training leading to it;
(b) Be exercised for two full-time years in the preceding ten years the profession of transport commissioner in a State that does not regulate this profession and possess at least a certificate of competence or a training certificate attesting that it was prepared for the exercise of that profession. However, two years of professional experience are not required when the inmate training title(s) sanction regulated training.
It is also considered and recognized as a training title any professional qualification conferring rights acquired to its holder under the legislative, regulatory or administrative provisions of the State of origin which were subsequently amended by that State to, in particular, raise the level of training required for access to the profession of transport commissioner. Similarly, any training or certificate permitting the exercise of this profession acquired in a third country and admitted in equivalence by a State, member or party, as long as the individual has, in addition, effectively exercised for three years the activity considered in the State which has admitted equivalence.
2° Conditions of validity of training titles and certificates of competence:
The certificates of competence or the training titles mentioned in 1° shall:
(a) Have been issued or recognized by a competent authority designated in accordance with the provisions in force in one of the Member States of the European Union or 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 mentioned in article 4 of this decree.
3° Adaptation course and aptitude test:
In addition to the conditions set out in the 1°, the prefect in the region may decide to carry out an adaptation course or to submit it to a fitness test before it is decided on the recognition of its qualification, in one of the following cases:
(a) The duration of the certified training is less than one year than that required to obtain one of the diplomas or titles mentioned in section 4;
(b) The training received covers material substantially different, by its duration or content, from those covered by one of the diplomas or titles mentioned in Article 4 and whose knowledge is essential to the exercise of the profession;
(c) One or more of the regulated activities constitutive of the formation of a transport commissioner 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 person concerned prevails, and that this difference is characterized by a specific training required in France and which covers material substantially different from those covered by this certificate or title.
The individual has the choice between the adaptation stage and the aptitude test.
Before requesting such a measure, the Region Prefect shall verify whether the knowledge acquired by the person concerned during his or her professional experience in a State, member or party, or in a third State is likely to cover, in whole or in part, the substantial difference in terms of duration or content referred to in a, b or c."
Expert gauge.
The above-mentioned decree of 31 May 1996 is thus amended:
I. ― Chapter I of title I is amended as follows:
1° In the first paragraph of Article 2, the words: "who have successfully completed or are regularly dispensed with the preliminary examination of the land expert geometer diploma" are replaced by the words: "responding to the requirements for obtaining the Government-issued land expert geometer diploma";
2° Section 3 is amended as follows:
(a) In the first paragraph, the words: "who have successfully completed or have been regularly dispensed with the preliminary examination of the land expert geometer diploma" are replaced by the words: "responding to the requirements for obtaining the Government-issued land expert geometer diploma";
(b) In the second paragraph, after the words: "under responsibility" are added the words: "and supervision", and the last two sentences are replaced by the following sentence: "The internship consists in the execution of professional work in the activities described in the 1st of Article 1 of Law No. 46-942 of 7 May 1946 amended. »
II. Chapter II of title I is amended as follows:
1° In Article 7, after the words: "or a party to the agreement on the European Economic Area", the words are added: "and to the physical persons exercising or authorized to practise this profession in the territory of a State or an infra-state entity whose competent authorities have concluded an agreement of mutual recognition of professional qualifications with the order of the expert geometers";
2° Section 7-1 is amended as follows:
(a) In the first paragraph, the words: "of a State" are replaced by the words: "or a natural person of a state or an infra-state entity" and, after the words: "that one of those States other than France" are added the words: "or an infra-state entity";
(b) In the third paragraph, after the words: "one of the states" are added the words: "or an infra-state entity";
(c) In the fourth paragraph, the words ", equal to 180 credits from the European transferable credit system (ECTS)," are deleted;
(d) In the fifth paragraph, after the words: "the national of one of the States", the words are added: "or the physical person of a state or an infra-state entity" and, after the words: "in one of the States", are added the words: "or infra-state entity";
(e) In the eighth preambular paragraph, after the words: "one of the States" are added the words: "or infra-state entity" and, after the words: "by that State", are added the words: "or that infra-state entity";
(f) In the ninth, eleventh, twelfth and thirteenth paragraphs, after the words: "the citizen" are added to each occurrence the words: "or the physical person referred to in Article 7";
(g) In the tenth paragraph, after the words: "of the national", the words "or the physical person referred to in Article 7" are added;
(h) In the eleventh paragraph, after the words: "representative in the State", the words are added: "or in the infra-state entity";
3° In Article 7-2, the words: "member of the European Union or party to the European Economic Area Agreement" are replaced by the words: "or infra-state entity" and, after the words: "of this State", are added the words: "or that infra-state entity";
4° In article 7-3, after the words: "The national of one of the states" are added the words: "or the physical person of a state or an infra-state entity".
III. Chapter VI of title VI is amended as follows:
1° On the title of Chapter VI, the words: "members of the European Union or parties to the European Economic Area Agreement" are replaced by the words: "other than France or infra-state entities having entered into a mutual recognition agreement";
2° In Article 119-1, the words: "members of the European Union or parties to the European Economic Area Agreement" are replaced by the words: "other than France or infra-state entities having concluded an agreement on mutual recognition of professional qualifications with the order of the expert geometers";
3° In Article 119-2, the words: "member of the European Union or party to the European Economic Area Agreement" are replaced by the words: "other than France or an infra-state entity having concluded an agreement for mutual recognition of professional qualifications with the order of the expert geometers";
IV. — Title VII is amended as follows:
1° In title VII and chapter VIII of title VII, the word "accessories" is deleted;
2° In the title of Chapter I, the words "in an incidental way" are deleted;
3° In the first paragraph of Article 121, the words "in an incidental or occasional manner" are deleted;
4° Chapter II is repealed;
5° In the first paragraph of Article 127, the word "accessory" is deleted;
6° Section 132 is amended as follows:
(a) In the first sentence of the first paragraph, after the words: "by the expert geometer 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 union of co-owners," the words: "the obligation to deposit under the first paragraph does not apply. As well as the following sentence are deleted and replaced by the words: "the expert geometer shall notify the Superior Council of the order of the opening of this account and of the amounts that pass therein. » ;
7° Section 133 is repealed;
8° Section 134 is amended as follows:
(a) In the first paragraph, the words: "of the cash register" are replaced by the words: "of the establishments referred to in the second paragraph of Article 8-1 of the law of 7 May 1946 as amended above";
(b) In the second paragraph, after the words: "from the justification of the actual encumberment and,", the words are added: "in the case where the funds received are deposited in the credit union referred to in the second paragraph of Article 8-1 of the amended Act of 7 May 1946 referred to above;"
9° In the last paragraph of Article 147, the words "and respect for the provisions of Chapter II of this title" are deleted;
10° The last paragraph of section 155 and section 159 are deleted.
Professional navigating staff of civil aeronautics.
Section R. 421-4 of the Civil Aviation Code is repealed.
The Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of the Interior, Overseas, Territorial Authorities and Immigration and the Minister of Higher Education and Research are responsible, each with respect to him, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 28 June 2011.
François Fillon
By the Prime Minister:
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
Minister of Higher Education
and research,
Valérie Pécresse
