Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Secretary of State for State Reform and Simplification,
Having regard to the Constitution, including article 38;
Considering Directive 2013/55/EU of the European Parliament and the Council of 20 November 2013 amending Directive 2005/36/EC on recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the information system of the internal market ("IMI Regulation");
In view of International Labour Organization (ILO) Convention No. 96 on paid investment offices (revised), 1949;
Considering International Labour Organization (ILO) Convention No. 181 on Private Employment Agencies, 1997;
Vu le Trade code ;
Vu le Forest code ;
Vu le general code of territorial authorities ;
Vu le Administrative Justice Codeincluding its article R. 123-20;
Vu le monetary and financial code ;
Vu le Criminal code ;
Vu le road code ;
Vu le Rural Code and Maritime Fishing ;
Vu le Public Health Code ;
Vu le Sport code ;
Vu le Tourism code ;
Vu le Transport code ;
Vu le Labour code ;
Vu la Act No. 49-1652 of 31 December 1949 modified regulating the profession of wine brokers called "country brokers";
Vu la Act No. 67-1114 of 21 December 1967 of finance for 1968, including article 28;
Vu la Act No. 96-603 of 5 July 1996 amended on the development and promotion of trade and crafts, including Article 16;
Vu la Act No. 2014-1545 of 20 December 2014 on the simplification of business life and on various provisions for simplification and clarification of law and administrative procedures, including article 10;
In view of the advisory committee on financial legislation and regulations dated 10 November 2015;
Having regard to the advice of the Conseil supérieur de la mutualité dated 19 November 2015;
Considering the advice of the National Standards Assessment Board dated 3 December 2015;
Considering the opinion of the permanent interdepartmental road safety group of 3 December 2015;
The Council of State (inland section, finance section, public works section and social section) heard;
The Council of Ministers heard,
Order:
Article L. 331-6 of the forest code is amended as follows:
1° In the first sentence of I, the words ", on administrative authorization," are deleted;
2° It is inserted, after the first sentence of I, a sentence thus written: "This operation is the subject of a statement to the administrative authority, which has a period of two months to oppose it. » ;
3° The second sentence of II is deleted.
The Rural and Maritime Fisheries Code is amended as follows:
1° Article L. 212-9:
(a) In the first paragraph, the words "by a person authorized to do so by the administrative authority" are deleted;
(b) After the second preambular paragraph, a subparagraph reads as follows:
"The identifiers of equine and camelide are declared to the administrative authority, which proceeds to their registration on a list under conditions fixed by decree. This decree sets out the list of qualifications, titles, certificates or qualification certificates required for the exercise of the identification activity. It may also specify the conditions under which owners or holders of equine or camelide may be registered on this list, with a view to carrying out certain identification operations on their own animals, without holding any of these titles, diplomas or qualifications. » ;
2° At 8° of Article L. 243-3, the words: "holders of an inseminator licence for the equine species and specially authorized for this purpose" are replaced by the words: "satisfactory to the conditions laid down in Article L. 653-13, and";
3° Article L. 653-13:
(a) The first paragraph is replaced by the following:
"People engaged in the development, collection and conditioning of the semen of the equinees are required to report to the administrative authority, who registers them in the light of the submission of a diploma, title or certificate required for the exercise of that activity, which is listed by decree. » ;
(b) In the second paragraph, the words: "of the possession of the inseminator or insemination centre licence" are replaced by the words: "registration";
4° Articles L. 654-25 to L. 654-27 are repealed;
5° In article L. 661-5, the words: "any producer of these materials, in particular" are deleted and the words: "is submitted" are replaced by the words: "are submitted";
6° Section L. 661-6 is replaced by the following provisions:
"Art. L. 661-6. - Any merchant of vegetative multiplication equipment of the vine or producer of vegetative multiplication material other than those mentioned in Article L. 661-5 shall report its activity to the establishment referred to in Article L. 621-1.
"The declaration shall be entered on a list held by the establishment referred to in the first paragraph. The legal or physical persons listed on this list are subject to the royalty provided for in section 28 of Act No. 67-114 of 21 December 1967 of finance for 1968. » ;
7° In article L. 668-1, the words "in articles L. 668-2 and L. 668-3" are replaced by the words "in article L. 668-2";
8° The third paragraph of Article L. 668-2 is deleted;
9° Section L. 668-3 is repealed;
10° At 2° of the I of Article L. 671-10, the words: "be licensee of the intended licence" are replaced by the words: "respect for the conditions of diploma, title or certificate".
La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La Act No. 49-1652 of 31 December 1949 regulating the profession of wine brokers called "country brokers" is thus modified:
1° The first seven paragraphs of section 2 are replaced by the following:
"Only can practise the profession of wine broker in the national territory the following persons:
« 1° Do not be subjected to a prohibition penalty, in accordance with the terms and conditions provided by theArticle 131-27 of the Criminal Code, to practise a commercial or industrial profession, to direct, administer, manage or control in any way, directly or indirectly, on its own behalf or on behalf of others, a commercial or industrial enterprise or a commercial corporation, a personal bankruptcy measure or other prohibition referred to in the Articles L. 653-1 to L. 653-11 of the Commercial Code ;
« 2° Do not exercise any of the activities rendered incompatible by decree with the profession of wine broker;
« 3° Do not make any purchase or sale of wine on their behalf, except the purchase for their family needs or the sale of wines from their properties." ;
2° In the last paragraph of Article 2, the words: "paragraph 5°" are replaced by the sign: "3°";
3° Section 3 is replaced by the following:
"Art. 3.-Any person who practises the profession of wine broker in the national territory is required to make the declaration. This declaration gives rise to a national register of wine brokers.
"The content and terms of filing the declaration, as well as the conditions of registration on the register, are specified by decree in the Council of State. » ;
4° Section 4 is replaced by the following:
"Art. 4.-Understanding the requirements of this Law is punishable by confiscation of brokerage. » ;
5° Sections 6 and 7 are repealed.
In article 273 Septies C of the General Tax Code, the words: "as long as they have been certified by the Technical Service of Mechanical Lifts and Guided Transport," are deleted.
Article L. 212-1 of the road code is amended as follows:
1° II is replaced by the following:
“II. - Any national of a Member State of the European Union or of another State Party to the Agreement on the European Economic Area exercising the activities referred to in I shall be deemed to have administrative authorization to carry out such activities in France on a temporary and occasional basis, subject to being legally established in one of these States and, where neither such activities nor the training leading to them are regulated, to have exercised them in one or more Member States for a year or part-time for an equivalent period in the ten years preceding the benefit.
"When the professional first provides a performance in France, he informs the administrative authority beforehand by a written statement whose content and procedure of filing are specified by decree. This statement provides an audit of the professional qualifications of the service provider to enable the authority to ensure that the benefit will not affect the safety or health of the service recipient due to the lack of professional qualification of the service provider. » ;
2° It is added, after the II, a III as follows:
"III. - Partial access to the profession within the meaning of Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications may be granted on a case-by-case basis to nationals of the European Union or another State Party to the European Economic Area Agreement where the following three conditions are met:
« 1° The professional is fully qualified to exercise, in the State of origin member of the Union or party to the agreement on the European Economic Area, the professional activity for which partial access is sought;
« 2° The differences between professional activity legally exercised in the State of origin a member of the Union or a party to the agreement on the European Economic Area and the corresponding regulated profession in France are so important that the application of compensation measures would require the applicant to follow the full education and training programme required in France to have full access to the regulated profession;
« 3° Occupational activity is distinct from the activity(s) of the regulated profession, particularly to the extent that it is carried out independently in the State of origin.
"Partial access may be denied for compelling reasons of public interest, if this refusal is proportionate to the protection of this interest.
"Requests for partial access are considered, as the case may be, as requests for end-of-establishment or free provision of temporary and occasional services. »
It is inserted after section L. 213-1 of the road code an article L. 213-1-1 as follows:
"Art. L. 213-1-1.-A partial access, within the meaning of Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on the recognition of professional qualifications, to the profession referred to in Article L. 213-1 may be granted on a case-by-case basis to nationals of the European Union or another State Party to the European Economic Area Agreement where the following three conditions are met:
« 1° The professional is fully qualified to exercise, in the State of origin member of the Union or party to the agreement on the European Economic Area, the professional activity for which partial access is sought;
« 2° The differences between professional activity legally exercised in the State of origin a member of the Union or a party to the agreement on the European Economic Area and the corresponding regulated profession in France are so important that the application of compensation measures would require the applicant to follow the full education and training programme required in France to have full access to the regulated profession;
« 3° Occupational activity is distinct from the activity(s) of the regulated profession, particularly to the extent that it is carried out independently in the State of origin.
"Partial access may be denied for compelling reasons of public interest, if this refusal is proportionate to the protection of this interest.
"Requests for partial access are considered as requests at the end of the institution."
The road code is thus modified:
1° Article L. 326-4:
(a) II is replaced by the following:
"II.-Any professional national of a Member State of the European Union or of another State Party to the European Economic Area exercising the activity of an expert in motor vehicles shall be deemed to have the professional qualification to practise in France all or part of that activity on a temporary and occasional basis, subject to being legally established in one of these States and, where neither such activity nor the formation leading to it are regulated, Member States for a year or part-time for an equivalent period in the ten years preceding the benefit. It is listed on the national list of automotive experts on a temporary basis.
"When the professional first provides a performance in France, he shall inform the administrative authority beforehand by a written statement whose content and procedure of filing are specified by decree. This statement provides an audit of the professional qualifications of the service provider to enable the authority to ensure that the benefit will not affect the safety or health of the service recipient due to the lack of professional qualification of the service provider. » ;
(b) It is inserted after the II, a II bis as follows:
"II bis.-A partial access to the profession within the meaning of Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on the recognition of professional qualifications can be granted on a case-by-case basis to nationals of the European Union or another State party to the European Economic Area Agreement when the following three conditions are met:
« 1° The professional is fully qualified to exercise, in the State of origin member of the Union or party to the agreement on the European Economic Area, the professional activity for which partial access is sought;
« 2° The differences between professional activity legally exercised in the State of origin a member of the Union or a party to the agreement on the European Economic Area and the corresponding regulated profession in France are so important that the application of compensation measures would require the applicant to follow the full education and training programme required in France to have full access to the regulated profession;
« 3° Occupational activity is distinct from the activity(s) of the regulated profession, particularly to the extent that it is carried out independently in the State of origin.
"Partial access may be denied for compelling reasons of public interest, if this refusal is proportionate to the protection of this interest.
"Requests for partial access are considered, as the case may be, as requests for end-of-establishment or free provision of temporary and occasional services. »
2° In article L. 326-8 of the road code, after the words "and occasional" are inserted the words "even partial" and the words "in II" are replaced by the words "in II and in II bis".
The transport code is thus modified:
1° The second sentence of Article L. 1612-1 is replaced by the following sentence: "It is accompanied by a report on established safety, except for rail transport and guided transport, either by an expert or by a qualified, approved body, which specifies, in particular, the operating conditions with regard to the natural or technological risks that may affect the system. » ;
2° A second paragraph is added to the same article:
"For rail transport, the safety report is prepared by a qualified, accredited body. For guided transport, this report is prepared by a qualified, accredited or accredited body. » ;
3° At 3° of Article L. 6521-1, after the word: "aircrafts", the words "photographs and" are deleted.
In the second paragraph of Article 16 of Law No. 96-603 of 5 July 1996 on the development and promotion of trade and crafts, after the word: "vehicles" are inserted the words: "motor".
Section L. 2223-32 of the General Code of Territorial Communities is repealed.
The general code of territorial authorities is amended as follows:
1° Article L. 2223-47:
(a) In the first paragraph, the words "activities" are replaced by the words "all or part of these activities";
(b) At 2°, the words: "for at least two years" are replaced by the words: "in one or more Member States for at least one full-time or part-time year for a total equivalent duration";
(c) After the 3rd, it is added a paragraph as follows:
"Access to only a part of the work is carried out under the conditions prescribed by the Minister of the Interior. » ;
2° Article L. 2223-48:
(a) In the first paragraph, the words "activities" are replaced by the words "all or part of the activities";
(b) After the last paragraph, it is added a paragraph to read as follows:
"Access to only a part of the work is carried out under the conditions prescribed by the Minister of the Interior. » ;
3° Article L. 2223-49:
(a) At the beginning of the first paragraph is added the mention: "I. -";
(b) At 1°, after the words: "certificate or title" are inserted the words: "who is required by another Member State to access or exercise this activity in its territory";
(c) The provisions of b of 1° shall be replaced by the following provisions:
“(b) Or the full-time exercise of the activity of thanatopraxie for a year or part-time for a total time equivalent in the preceding ten years in a Member State of the European Union or another State Party to the Agreement on the European Economic Area that does not regulate this activity, provided that it is justified to possess one or more certificates of competence or evidence of training titles. However, this requirement of one-year professional experience is not required when the applicant's training title certifies regulated training; » ;
(d) The provisions of a 2° shall be replaced by the following provisions:
“(a) A certificate of competence or a training certificate that is required by another Member State to access or exercise this activity in its territory and is issued by a competent authority when the function is regulated in the State in which it was issued; » ;
(e) The provisions of b of 2° shall be replaced by the following provisions:
“(b) Or the full-time exercise of the function considered for a year or part-time for a total equivalent duration in a Member State of the European Union or another State Party to the Agreement on the European Economic Area that does not regulate this activity provided that it is justified to possess one or more certificates of competence or evidence of training titles. However, this requirement of one-year professional experience is not required when the applicant's proficiency certificate certifies regulated training. » ;
(f) After the b of the 2°, it is added a II as follows:
“II. - The certificates of competence or training titles mentioned in this article shall meet the following conditions:
“(a) be issued by a competent authority in a Member State, designated in accordance with the legislative, regulatory or administrative provisions of that Member State;
“(b) Complete the licensee's preparation for the exercise of the profession concerned. » ;
4° Article L. 2223-50:
(a) In the second paragraph, the words: "in terms of duration or content" are replaced by the words: "in terms of content";
(b) In the third paragraph, the words: "the exercise in France requires specific training" are replaced by the words: "the training required in France carries" and the words: "whose applicant states." are replaced by the words: "the applicant. » ;
(c) The fourth preambular paragraph is replaced by the following:
"The competent authority must, however, verify beforehand whether the knowledge, skills and skills acquired by the applicant during his or her professional experience or lifelong learning and having been the subject of a proper validation by a competent body for that purpose are likely to cover, in whole or in part, this substantial difference. »
The Public Health Code is amended to read:
1° Article L. 3321-1:
(a) In the first paragraph, the word "five" is replaced by the word "four";
(b) The second is repealed;
(c) The 3° is replaced by the following:
« 3° Undistilled fermented drinks and natural sweet wines: wine, beer, cider, peared, hydromel, to which are joined the natural sweet wines, as well as cassis creams and fermented fruit or vegetable juices with 1,2 to 3 degrees of alcohol, liqueur wines, wine aperitives and strawberry liqueurs, raspberries, cassis or cherries, no longer titrated » ;
2° In the second paragraph of Article L. 3322-7, the word "second" is deleted;
3° The second paragraph of Article L. 3322-9 is deleted;
4° Article L. 3331-1:
(a) In the first paragraph, the word "three" is replaced by the word "two";
(b) The second is repealed;
(c) At 3°, the words "of the first three groups" are replaced by the words "groups one and three";
5° At 1° of articles L. 3331-2 and L. 3331-3, the word "second" is replaced by the word "third";
6° In article L. 3331-6, the words: ", either in a flow rate of 2nd category or" are deleted;
7° Article L. 3332-1:
(a) In the first paragraph, the words "of 2nd or" are deleted;
(b) The first paragraph is supplemented by a sentence as follows: "For tourist communes within the meaning ofArticle L. 133-11 of the Tourism Code, the methods of determining the population taken on the basis of this estimate are determined by decree in the Council of State. » ;
8° In the first paragraph of Article L. 3332-1-1, the word "second" is deleted;
9° Article L. 3332-11:
(a) In the first sentence of the first paragraph, the words "the department" are replaced by the words "the region";
(b) The second sentence of the first paragraph is supplemented by the words: "Where to be transferred the flow of drinks";
(c) In the second paragraph, the words "of the department" are replaced by the words "of the region";
10° In the third paragraph of Article L. 3334-2, the words "two first groups" are replaced by the words "groups one and three";
11° Article L. 3335-4:
(a) In the first paragraph, the number "2" is replaced by the number "3";
(b) In the third paragraph, the words "of the second and third groups" are replaced by the words "of the third group";
12° At the 1st of Article L. 3352-1, the words "of 2nd or" are deleted;
13° In article L. 3352-5, the words "two first groups" are replaced by the words "groups 1 and 3".
Aunt first paragraph of Article L. 3332-12 of the Public Health Code, the words: "The Minister of Economy and Finance may, at the request of the Minister for Civil Aviation," are replaced by the words: "the representative of the State in the department where the aerodrome is located can".
Section L. 3333-1 of the Public Health Code is amended as follows:
1° In the first paragraph, the words "of 2nd" are deleted;
2° The words: "three years" are replaced by the words: "five years" to their three occurrences.
The working code is thus modified:
1° At 1° of Article L. 5321-3, the words: "Articles L. 7121-9 and L. 7121-10" are replaced by the words: "Article L. 7121-9";
2° The title of sub-section 1 of section 5 of chapter I, title II of Book I of Part VII is replaced by the title "Artistic Agent Activity";
3° Section L. 7121-10 is repealed.
The tourist code is thus modified:
1° In Article L. 211-18, Lec du II is repealed;
2° Section L. 211-19 is replaced by the following provisions:
"Art. L. 211-19.-To be established in France, any national of a Member State of the European Union or another State Party to the Agreement on the European Economic Area shall be subject to the obligations and conditions of registration set out in section 4 of this chapter. » ;
3° The second paragraph of Article L. 211-20 is deleted.
The sport code is thus modified:
1° Article L. 331-2:
(a) The first paragraph is deleted;
(b) In the second paragraph, the words: "of this event" are replaced by the words: "of any competition, meeting, demonstration or public demonstration of any kind, in a discipline or sporting activity";
2° Section L. 331-3 is replaced by the following provisions:
"Art. L. 331-3. - Organizing one of the demonstrations defined in Article L. 331-2 in violation of a prohibition decision is punishable by one year imprisonment and a fine of 15,000 €. » ;
3° The first paragraph of Article L. 331-8-1 is replaced by the following:
"The statements of sporting events taking place on the public road inside the territory of a single commune and not involving the participation of motor vehicles are transferred to the mayor of the municipality concerned or to the police prefect in Paris. »
The monetary and financial code is thus amended:
1° The second sentence of the V of Article L. 522-19 and the second sentence of Article L. 526-39 are deleted;
2° Section L. 612-43 is replaced by the following provisions:
"Art. L. 612-43. - The Autorité de contrôle prudentiel et de résolution may, when the situation justifies it and under conditions fixed by decree, make the appointment of an additional auditor in the organizations mentioned in the A of the I of Article L. 612-2 other than the organizations mentioned in the 3rd and carrying on activities of a hybrid nature, at 4 bis, at 5°, at 6°, at 7°, at 8° and carrying on activities of a hybrid nature, at 11° »
The trade code is thus modified:
1° The last paragraph of Article L. 761-4 is replaced by two subparagraphs as follows:
"The prefect may delete early or reduce the reference perimeter thus established.
"The change in the scope of a national interest market is decided by the market manager. When the market is surrounded by a reference perimeter, the market manager cannot extend or transfer its enclosure outside this perimeter. » ;
2° The last paragraph of Article L. 761-10 is deleted.
I. - The 3rd of Article 8 and Article 18 are applicable in New Caledonia, French Polynesia and Wallis-et-Futuna.
II. - The 1° and 3° of Article 12 are applicable to Wallis-et-Futuna. The b of the 7th of Article 12 is not applicable to Saint-Pierre-et-Miquelon.
I. - The provisions of this Order come into force on January 1, 2016.
However, the holders of a professional civil aeronautics photographer licence that is valid as of January 1, 2016 retain the professional airworthiness of civil aeronautics when they exercise under the conditions mentioned in first paragraph of Article L. 6521-1 of the Transport Code.
II. - 2nd category licences within the meaning of 2° of Article L. 3331-1 of the Public Health Code existing on the day on which this order comes into force, the third class licences will be issued in full law within the meaning of section 3.
The Prime Minister, the Minister of Ecology, Sustainable Development and Energy, the Minister of Justice, the Minister of Finance and Public Accounts, the Minister of Social Affairs, Health and Women's Rights, the Minister of the Interior, the Minister of Agriculture, Agri-Food and Forestry, spokesperson of the Government, the Minister of Digital Culture, the Minister of Industry and
Done on 17 December 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister of Ecology, Sustainable Development and Energy,
Royal
The Seal Guard, Minister of Justice,
Christiane Taubira
Minister of Finance and Public Accounts,
Michel Sapin
Minister of Social Affairs, Health and Women ' s Rights,
Marisol Touraine
The Minister of the Interior,
Bernard Cazeneuve
Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
Stéphane Le Foll
Minister of Economy, Industry and Digital,
Emmanuel Macron
Minister of Culture and Communication,
Flower Pellerin
Minister of the City, Youth and Sports,
Patrick Kanner
State Secretary for State Reform and Simplification,
Clotilde Valter