Key Benefits:
The Minister of the Interior,
Considering Directive No. 2013/55/EU of the European Parliament and of 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 internal market information system ("IMI Regulation");
Vu le building and housing codeincluding its article R.* 123-12;
In view of the Order of 2 May 2005 on the Missions, Employment and Qualification of Permanent Security Services Personnel in Institutions Receiving the Public and High Buildings,
Stop it!
The above decision of 2 May 2005 is amended in accordance with the provisions of Articles 2 to 6 of this Order.
After Article 3, an article 3-1 is inserted as follows:
"Art. 3-1. - I. - National professionals from a Member State of the European Union or another State Party to the Agreement on the European Economic Area may exercise temporary and occasional activities in the national territory referred to in Article 2, subject to:
« 1° To be legally established in a Member State of the European Union or another State Party to the agreement on the European Economic Area to exercise the same profession;
« 2° To have practised this profession in one or more Member States for at least one year, full-time or part-time for an equivalent total duration, in the last ten years preceding the benefit when the profession or training leading to it is not regulated in the State of establishment.
"Documents transmitted to the administration in support of the application are written in French.
“II. - When a person referred to in I of this section proposes to travel to France for the first time in order to practise this profession on an occasional basis, he makes a statement to the Minister of the Interior.
“The statement is accompanied by the following documents:
« 1° proof of his identity and nationality;
« 2° Evidence of his professional qualifications, particularly in the areas of relief to persons, knowledge of the French regulations on fire safety, and his ability to write French-language reports;
« 3° A certificate certifying that the person concerned is legally established in a Member State to carry out this activity and that there is no ban on the exercise;
« 4° If the activity in question is not regulated in the Member State of establishment, any evidence that the person concerned has exercised this activity in one or more Member States for at least one year full-time or part-time for a total time equivalent in the last ten years;
« 5° A certificate confirming the absence of temporary or final prohibitions to practise the profession or criminal convictions.
"III. - Within one month of receipt of the statement referred to in II of this section, and after verification of his professional qualifications, the Minister of Interior shall inform the person concerned of his decision:
« 1° To impose a suitability test on the service provider, consisting of the examination corresponding to the job concerned under the conditions laid down in this order; or
« 2° Allow service delivery.
"In the event of any difficulty that may lead to a delay in the decision-making under the first paragraph, the Minister of Interior shall inform the provider within the same time period of the reasons for the delay. The difficulty is resolved within the month following this information and the decision is taken within two months of the resolution of the difficulty.
"In the event of a substantial difference between the professional qualifications of the provider and the training required in the host Member State, to the extent that this difference is likely to adversely affect public safety and where it cannot be compensated by the professional experience of the provider or by the knowledge, abilities and skills acquired during an apprenticeship throughout the life that has been the subject of a validation in good and due form by a minister The results of the test are communicated to the interested party without delay.
"In the silence of the Minister of the Interior, following the deadlines mentioned above, or if the results of the audit are favourable, the interested party is deemed to meet the conditions of exercise imposed by this section. »
After Article 3-1 as a result of this Order, an article 3-2 is inserted as follows:
"Art. 3-2.-I.-Any citizen of a Member State of the European Union or of a State Party to the European Economic Area who wishes to be qualified to carry out in France the professional activities mentioned in Article 2 must request recognition of his professional qualifications to the Minister of Interior.
"In support of his application, he must justify:
« 1° A certificate of competence or a training title, which is required by another Member State to practise the profession in its territory, and which is issued by a competent authority when the profession is regulated;
« 2° Or the full-time exercise of the profession 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 European Economic Area Agreement when it is not regulated. However, this requirement of one-year professional experience is not required when the applicant's training title certifies regulated training;
« 3° A statement concerning his knowledge of French for the exercise of the profession;
« 4° A statement concerning his knowledge of French regulations on fire safety.
"He addresses his 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. In case of doubt, confirmation of the authenticity of these documents may be required from the competent authorities of the State concerned.
"When the authorization to exercise is granted, the applicant is subject to the provisions of section 7 of this Order relating to the maintenance of his or her knowledge.
"II.-When applying I to this section, the Minister of the Interior may require the applicant to complete a suitability test, consisting of the examination corresponding to the job concerned under the conditions provided for in this Order, prior to the recognition of qualification:
« 1° When the applicant's training focuses on material substantially different in terms of content in relation to the materials required by the training in the national territory and whose knowledge is essential to its exercise; or
« 2° Where the activity is not regulated in the applicant's State of origin and the training required in France is subject to material substantially different from those covered by the applicant's certificate of competence or training title.
"The Minister of the Interior 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, are likely to cover, in whole or in part, this substantial difference.
"The Minister of the Interior shall ensure that an applicant has the opportunity to present the suitability test within a maximum of six months from the original decision that imposes it.
"The decision made by the Minister of the Interior is duly justified. In particular, the applicant receives the following information:
"the level of professional qualification required in France and the level of professional qualification that the applicant has;
"the reasons why the substantial differences in the materials covered by these two qualification levels cannot be combined with the knowledge, skills and skills acquired during the professional experience or learning throughout the life that has been the subject of a proper validation by a competent body for this purpose. »
After Article 3-2 as a result of this Order, an article 3-3 is inserted as follows:
"Art. 3-3. - I. - The Minister of the Interior shall grant to a national of another Member State of the European Union or a State Party to the Agreement on the European Economic Area, which shall require partial access to the professional activities referred to in Article 2, on a case-by-case basis, where all the following conditions are met:
« 1° The applicant is fully qualified to exercise in his State of origin the professional activity for which he seeks partial access in France;
« 2° The differences between professional activity legally exercised in the Member State of origin and the profession regulated by this Order are so important that the application of compensation measures would require the applicant to follow the full training program required to have full access to the profession in France;
« 3° Occupational activity may 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 proper to guarantee the realization of the objective pursued and if it does not go beyond what is necessary to achieve this objective. »
After the last paragraph of articles 4, 5 and 6, a paragraph is added to read as follows:
" - justifying the decision of the Ministry of Interior under sections 3-1 to 3-3."
Appendix V of 1 order dated 2 May 2005 referred to above is as follows:
In the chapters "Pre-required Recycling" and "Pre-required Recycling", after the words: "or diplomas "ERP" and "IGH" levels 1 to 3", are inserted the words: "or decisions for recognition of professional qualification issued by the Minister of Interior pursuant to sections 3-1 to 3-3".
This Order comes into force on 1 January 2016.
The Director General of Civil Security and Crisis Management is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on December 18, 2015.
For the Minister and by delegation:
The Deputy Director of Fire Services and Relief Actors,
B. Trevisani
