Arrested 18 December 2015 Amending The Decree Of 2 May 2005 On The Missions, Employment And Qualification Of The Permanent Staff Of The Security Services Fire Establishments Receiving The Public And Buildings Of Great Hau...

Original Language Title: Arrêté du 18 décembre 2015 modifiant l'arrêté du 2 mai 2005 relatif aux missions, à l'emploi et à la qualification du personnel permanent des services de sécurité incendie des établissements recevant du public et des immeubles de grande hau...

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Texts transposed Directive 2013/55 / EU Parliament European and of the Council of 20 November 2013 amending directive 2005/36/EC relating to the recognition of professional qualifications and Regulation (EU) no 1024/2012 for administrative cooperation through the information system of the internal market ('IMI regulation') text with relevance for EEA summary partial Transposition of directive 2013/55/EU of the European Parliament and of the Council of November 20, 2013, amending directive 2005/36. Regarding the recognition of professional qualifications and Regulation (EU) no 1024/2012 for administrative cooperation through the information system of the internal market ('IMI regulation') text with EEA relevance.
Keywords inside, European DIRECTIVE, partial TRANSPOSITION JORF n ° 0300 27 December 2015 page 24177 text no. 90 Decree of 18 December 2015 amending Decree of 2 May 2005 on the missions, employment and qualifications of the permanent fire safety services staff of institutions receiving public and buildings of great height NOR: INTE1531806A ELI: https://www.legifrance.gouv.fr/eli/arrete/2015/12/18/INTE1531806A/jo/texte the Minister of the Interior Having regard to directive no 2013/55/EU of the European Parliament and the Council of November 20, 2013, amending directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No. 1024/2012 for administrative cooperation through the system of information of the internal market ('IMI regulation');
Having regard to the code of construction and housing, including article R.* 123-12;
Considering the Decree of 2 May 2005 concerning missions, employment and qualification of permanent staff for the security services of institutions receiving public and buildings of great height, stop: Article 1 more on this article...

The Decree of May 2, 2005 referred to above is amended in accordance with the provisions of articles 2 to 6 of this order.


Article 2 more on this article...

After article 3, it is inserted an article 3-1 worded as follows: «art.» 3-1.-i. - professionals who are nationals of a Member State of the European Union or of another State party to the European economic area agreement may exercise a temporary and occasional basis on the national territory the professional activities referred to in article 2, subject: "1 ° to be legally established in a Member State of the European Union or another State party to the agreement on the economic European area to practise the same profession; «»» 2 ° for exercising this profession in one or more Member States for at least one year, full-time or part-time total duration, over the last ten years preceding the provision of services when the profession or training leading thereto is not regulated in the State of establishment.
' The documents forwarded to the administration in support of the application are written in french. ' II. - Where a person mentioned in this article I propose to go to France for the first time to the profession on a casual basis, it makes the declaration to the Minister of the Interior.
«The declaration is accompanied by the following documents: "1 ° proof of his identity and nationality; «»»»» 2 ° proof of professional qualifications, including for relief to people, knowledge of the French regulation of fire safety, and the ability to make records in the French language;
«3 ° a certificate certifying that the person is legally established in a Member State to carry out this activity and that it incurs no prohibition to exercise; «»» 4 ° If the activity in question is not regulated in the Member State of establishment, any part establishing that the person concerned pursued therein this activity in one or more Member States during a year at least full-time or part-time total duration over the last ten years;
«5 ° a certificate confirming the absence of bans temporary or definitive to practise or criminal convictions.» III. - Within a period of one month from the receipt of the declaration referred to in the II of this article, and after verification of professional qualifications, the Minister of the Interior informed the person concerned of its decision: "1 ° to impose on the service provider an aptitude test, consisting of the corresponding exam to the employment concerned in accordance with this by-law; or "2 ° to allow the provision of services. ' In case of difficulty may cause a delay in decision making under the first paragraph, the Minister of the Interior informed the claimant within the same time limit the reasons for the delay. The difficulty is resolved in the month following this information and the decision is taken within a period of two months following the resolution of the difficulty.
"In the event of substantial difference between the professional qualifications of the service provider and the training required in the host Member State, to the extent where this difference is likely to injure the public safety and where it cannot be compensated by professional experience of the claimant or by the knowledge, skills and competences acquired during a lifelong subject to this end, a validation in good and due form by a competent body, the Minister of the Interior offers the individual the opportunity to demonstrate that he has acquired the knowledge, skills or missing competencies by submitting, within the period of one month, the aptitude test referred to in 1 ° of the present III. The test results are communicated to the person concerned without delay.
"In the silence of the Minister of the Interior, after deadlines mentioned above, or if the results of the audit are favourable, the person concerned is deemed to fulfil the conditions imposed by this section.".


Article 3 read more on this article...

Article 3-1 as a result of this order, it is inserted after a section 3-2 worded as follows: «art.» 3 - 2.-I.-any national of a Member State of the European Union or a State party to the European economic area who wish to become qualified to practise in France the professional activities referred to in article 2 must apply for recognition of its qualifications to the Minister of the Interior.
"In support of its application, it should justify:" 1 ° a certificate of competence or evidence of formal, which is required by another Member State to exercise the profession on its territory, and which is issued by a competent authority when the profession is regulated;
2 ° or of the exercise of the profession for one year full-time or part-time total duration during the previous ten years in a Member State of the Union European or another State party to the European economic area agreement when it is not regulated. However, this condition of professional experience of a year is not required where the training title held by the applicant certifies training regulated;
«3 ° a statement concerning his knowledge of the french on the exercise of the profession;
'4 ° a statement concerning his knowledge of the French regulations safety against fire.
"It address its request by registered mail with acknowledgement of receipt to the Minister of the Interior. Documents transmitted by the applicant to the administration are written in french. If in doubt, a confirmation of the authenticity of these documents may be required to the competent authorities of the State concerned.
"When licensing is granted, the applicant is subject to the provisions of article 7 of this order concerning the maintenance of its knowledge.
«II. - when making application of the of this article, the Minister of the Interior may require the applicant to perform an aptitude test, consisting of the corresponding exam to the employment concerned under the conditions provided by this order, prior to the recognition of qualification: "1 ° when the formation of the applicant covers substantially different matters in terms of content compared to the materials required by the training on the national territory and whose knowledge is essential for sound» exercise; or "2 ° when the activity in question is not regulated in the State of origin of the applicant and the training required in France covers substantially different matters from those covered by the certificate of competence or the title of the applicant training. ''
"However, the Minister of the Interior must check in advance if the knowledge, skills and competence acquired by the applicant during his professional experience and lifelong learning and having investigated for this purpose validation in good and due form by a competent body are likely to cover, in whole or in part. This substantial difference.
"The Minister of the Interior shall ensure that an applicant has the possibility of presenting an aptitude test within a maximum period of six months from the initial decision that the imposed.
"The decision taken by the Minister of the Interior is duly justified. In particular, the applicant receives the following: '-the level of professional qualifications required in France and the level of the qualifications possessed by the applicant;

"- the reasons for which the substantial differences in the subjects covered by these two levels of qualification may be filled by the knowledge, skills and competences acquired during professional experience or learning lifelong subject, for this purpose, validated by a competent body. ''


Article 4 more on this article...

Article 3-2 as a result of this order, it is inserted after a section 3-3 worded as follows: «art.» 3-3.-i. - the Minister of the Interior granted to a national of another Member State of the European Union or a State party to the agreement on the European economic area who request a partial access to the professional activities referred to in article 2, on a case by case basis, when all the following conditions are met: "1 ° the applicant is fully qualified to practise in its original state the occupation for which he is seeking part-time in France access; «»» 2 ° the differences between legal professional activity in the Member State of origin and occupation regulated by this order are so important that the implementation of compensation measures would be to impose on the applicant to complete the full training program required for full access to the profession in France;
«3 ° the professional activity can objectively be separated from other activities of the profession regulated by this order.» II. - Partial access may be refused if this refusal is justified by compelling reasons of general interest, if it is appropriate for securing the attainment of the objective pursued and it does not go beyond what is necessary to achieve this objective. ' Article 5 more on this article...

After the last paragraph of paragraph 2 of articles 4, 5 and 6, is added a paragraph worded as follows: '-justify the decision of the Ministry of the Interior provided for in articles 3-1 to 3-3.


Article 6 read more on this article...

Annex V to 1' order of May 2, 2005 referred to above is amended: in the chapters 'Prerequisites recycling' and 'Required discount level', after the words: "or"ERP"and"High"levels 1 to 3 degrees", are inserted the words: "or the decisions of recognition of professional qualifications issued by the Minister of the Interior in application of articles 3-1 to 3-3.


Article 7 read more on this article...

This order comes into force January 1, 2016.


Article 8 more on this article...

The Director-general of civil safety and crisis management is responsible for the execution of this order, which will be published in the Official Journal of the French Republic.


Made on 18 December 2015.
For the Minister and by delegation: the Deputy Director of fire services and rescue, B actors. Trevisani

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