Key Benefits:
Minister of Ecology, Sustainable Development and Energy,
In view of the amended Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications;
Vu le Civil Aviation Code ;
Vu le Transport code ;
Having regard to the decision of 3 December 1956 on the establishment of a patent and a professional paratrooper licence and an instructor qualification;
In view of the advice of the Staff Council navigating in its session on 1 December 2015,
Stop it!
Section 2 bis of the Order of December 3, 1956 on the establishment of a patent and a professional parachutist licence and a aforementioned instructor qualification is replaced by the following provisions:
"Art. 2 bis.-I.-By derogation from Article 2, any national of a Member State of the European Union or of a State Party to the Agreement on the European Economic Area that possesses the certificate of competence or the training title required to exercise the activity of parachutist in one of these States when the latter regulates the profession may obtain the licence of professional paratrooper and, where applicable, the qualifications set to
Certificates of competence or training shall be issued by a competent authority in a Member State, designated in accordance with the legislative, regulatory or administrative provisions of that Member State.
II.- Similarly, any national of one of the States mentioned in I:
(a) Who exercised full-time professional paratrooper activity for one year or part-time for a total duration equivalent in the preceding ten years in one or more of these States that do not regulate this profession; and
(b) Who has one or more certificates of competence or evidence of training certificates issued by a competent authority of one of these Member States that does not regulate this profession and certifying that it has been prepared for the exercise of that activity;
may also obtain the professional parachutist licence and, where applicable, the qualifications associated with the conditions set out in III.
However, the professional experience of a year referred to above cannot be required if the applicant's training title certifies regulated training.
III.-In order to obtain the licence and, where applicable, the associated qualifications referred to in paragraphs I and II, the applicant must apply to the Minister for Civil Aviation.
When the knowledge, skills and skills that the applicant has acquired through training and professional experience and learning throughout life within the meaning of section 3 (l) of Directive 2005/36/EC of 7 September 2005 are substantially different or lower in terms of the content of those acquired by the theoretical and practical training to exercise the professional paratrooper activity in France, the Minister responsible for Civil Aviation may,
The choice between the adaptation course and the aptitude test is left to the applicant.
The adaptation course is being evaluated. He is eventually accompanied by additional training.
The purpose of the suitability test is to assess the applicant's ability to perform professional paratrooper activity.
The Minister for Civil Aviation shall ensure that the applicant has the opportunity to present the suitability test within a maximum of six months from the initial decision imposing a suitability test on the applicant.
In addition, the applicant must:
1° To meet the medical standards provided for in this Order;
2° Rationale to have a knowledge of national air regulations either through an adaptation internship at an operator or through the successful completion of the 010 air law test of the theoretical examination of the professional pilot licence (CPL); and
3° Complete the minimum experience conditions for the issuance of the title.
If there is a serious and concrete doubt about the sufficient level of language knowledge in French of the person receiving recognition of his or her professional qualifications with regard to professional paratrooper activities, the Minister for Civil Aviation may impose a check on language knowledge.
After all of these audits, if the candidate is deemed fit, he/she is issued the professional paratrooper licence and if applicable the associated qualifications.
Otherwise, the applicant is opposed to the application and the applicant is not authorized to exercise the professional paratrooper activity.
IV.-By derogation from section 2, a national referred to in I who intends to perform a temporary and occasional service provision shall:
1° Being legally established in a Member State to exercise professional paratrooper activity;
2° Have exercised parachutist activity in one or more Member States full-time for at least one year or part-time for a total period of time equivalent to the ten years preceding the benefit when the profession or training leading to it is not regulated in the Member State of establishment.
In advance of the first service delivery, he must send a written request to the Minister for Civil Aviation, who may order an audit of his professional qualifications. The control to which it is carried out must allow the Minister for Civil Aviation, after the advice of the professional airworthiness personnel of the civil aeronautics or his expert group, to ensure that the person concerned, for the exercise of the professional paratrooper activity, does not have any professional impairment that may affect safety.
Within one month of receipt of the application and the attached documents, the Minister for Civil Aviation shall inform the person concerned of the outcome of the audit or request further information. In the latter case, the applicant shall specify the additional information to be provided. The Minister for Civil Aviation makes a decision within two months of receipt of the additional information.
However, in the event of a substantial difference between the applicant's professional skills and those acquired by the theoretical and practical training required to exercise the professional paratrooper activity in the French territory or when the latter are less, to the extent that this difference is likely to adversely affect the aviation safety, and where it cannot be compensated by the professional experience of the applicant or by the knowledge, abilities and skills acquired at the end
This test is proposed to it in the month following the decision mentioned in the previous paragraph.
In addition, the applicant must:
1° Satisfies the medical standards provided for by the State of establishment or, if not, the medical standards provided for by this Order;
2° Rationale to have a knowledge of national air regulations either by means of an adaptation internship at an operator, or by success in the Air Law Test 010 of the theoretical examination of the Professional Pilot Licence (CPL); and
3° Complete the minimum experience conditions for the issuance of the title.
After all of these audits, if the candidate is deemed fit, he/she is issued the professional paratrooper licence and if applicable the associated qualifications.
Otherwise, it is opposed to the application by the Minister for Civil Aviation and the applicant is not authorized to perform the professional paratrooper activity. The applicant may be in the suitability test.
The operator ensures that all crew members and paratroopers are able to communicate in the same language.
V.-The Minister for Civil Aviation may grant partial access to the parachutist activity, on a case-by-case basis to any national mentioned in I, only where all of the following conditions are met:
(a) The professional is fully qualified to exercise in the Member State of origin the professional activity for which partial access is sought;
(b) The differences between professional activity legally exercised in the Member State of origin and the regulated profession in France are so important that the application of compensation measures would require the applicant to follow the full curriculum of teaching and training required in France to have full access to this regulated profession;
(c) Occupational activity can objectively be separated from other activities within the regulated profession in France.
For the purposes of point c, the Minister for Civil Aviation shall take into account that professional activity may or may not be exercised independently in the Member State of origin.
For security reasons, partial access is subject to the advice of the professional airworthiness board or expert group. »
The Director General of Civil Aviation is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 17 December 2015.
For the Minister and by delegation:
The Director of Civil Aviation Security,
P. Cipriani
