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Decree No. 2015 - 1768 24 December 2015 On The Recognition Of Professional Qualifications For The Professions Regulated By The Code Rural And Sea Fishing

Original Language Title: Décret n° 2015-1768 du 24 décembre 2015 relatif à la reconnaissance des qualifications professionnelles pour les professions réglementées par le code rural et de la pêche maritime

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Texts transposed

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 internal market information system (IMI regulation) Text of interest to EEA

Summary

Partial transfer of Directive 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 rules” ) Text of interest to EEA.

Keywords

STATEMENT , CODE RURAL AND PECHE MARITIME , CPMR , AGRICOLE ACTIVITY , REGULATION PROFESSION , PRESTATION OF SERVICES , LIBERTY , PROFESSIONAL QUALIFICATION ,


JORF n°0300 du 27 décembre 2015 page 24180
text No. 96



Decree No. 2015-1768 of 24 December 2015 on recognition of professional qualifications for occupations regulated by the Rural Code and Maritime Fisheries

NOR: AGRS1512601D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/12/24/AGRS1512601D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2015/12/24/2015-1768/jo/texte


Publics concerned: persons wishing to practise the professions regulated by the Rural Code and Maritime Fishing.
Subject: recognition of the professional qualification of European Union and European Economic Area nationals for occupations regulated by the Rural Code and Maritime Fishing.
Entry into force: the text comes into force on January 1, 2016.
Notice: the decree adapts the provisions relating to the recognition of professional qualifications and facilitates the establishment and free provision of services on the national territory of European Union nationals and States parties to the agreement on the European Economic Area wishing to practise the professions regulated by the European Union Rural Code and Maritime Fishing.
References: the decree transposes Directive 2013/55/EU of the European Parliament and the Council of 20 November 2013 amending Directive 2005/36/EC of the European Parliament and the Council on recognition of professional qualifications and Regulation (EU) No 1024/2012 concerning administrative cooperation through the information system of the internal market; the Rural Code and Maritime Fishing can be accessed at the Légifrance website (http://legifrance.gouv.fr).


The Prime Minister,
On the report of the Minister of Agriculture, Agri-Food and Forestry, spokesman for the Government,
Having regard to Council Regulation (EC) No. 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending directives 64/432/EEC and 93/119/EC and Regulation (EC) No. 1255/97;
Having regard to Directive 2009/128/EC of the European Parliament and the Council of 21 October 2009 establishing a community action framework to achieve the use of pesticides compatible with sustainable development;
Considering Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005/36/EC of the European Parliament and the Council on the recognition of professional qualifications and Regulation (EU) No 1024/2012 concerning administrative cooperation through the information system of the internal market;
Vu le Rural Code and Maritime FishingArticles L. 171-1, L. 204-1, L. 204-2, L. 214-12, R. 171-4, R. 171-6, R. 171-8 to R. 171-12-3, R. 171-17-1, R. 204-1, R. 211-9, R. 214 25 1, R. 214-57, R. 214-115, R. 254-9, R. 653-57
Considering the opinion of the National Commission for Animal Experimentation dated 5 June 2015;
Considering the opinion of the National Commission for Genetic Improvement (General Commission) of 25 June 2015;
The State Council (section of public works) heard,
Decrete:

Article 1 Learn more about this article...


The Rural and Maritime Fisheries Code (regulatory portion) is amended in accordance with sections 2 to 9 of this Order.

  • Chapter I: General provisions Article 2 Learn more about this article...


    The title of Chapter IV of the preliminary title of Book II is replaced by the following title:


    “Chapter IV
    "Free service delivery and freedom of establishment"

    Article 3 Learn more about this article...


    Section R. 204-1 is amended as follows:
    1° The number "I" is inserted at the beginning of the first paragraph;
    2°In the first paragraph, the words "referred to in articles R. 211-9, R. 214-25, R. 254-11 and R. 653-96 respectively" are deleted;
    3° At 2°, the words "the Community" are replaced by the words "the Union";
    4° The first sentence of the 4th is replaced by the following sentence:
    "The evidence by any means, in the case provided for in the first paragraph of Article L. 204-1 where neither professional activity nor training is regulated in the Member State of establishment, that the professional has carried out this activity for a year or part time for an equivalent period in the preceding ten years. » ;
    5° In the eighth preambular paragraph, after the word "renewed", the words "once a year as well" are inserted;
    6° The last paragraph is replaced by the following provisions: "In the case provided for in the last paragraph of Article L. 204-1, as long as the difference between the professional qualifications of the provider and the required training is not compensated by the professional experience of the provider or by the knowledge, abilities and skills acquired during an apprenticeship throughout the life having been validated by a competent body of the member state in which it is
    7° The article is supplemented by a II as follows:
    “II. - Where, pursuant to the third paragraph of Article L. 204-1, the declaration shall give rise to an audit of professional qualifications, the competent authority shall have a period of one month, from the date of receipt of the declaration, to inform the provider either of its decision to allow the performance or to submit it to a suitability test, or of the difficulty likely to cause delay in its decision making, specifying the reasons for such delay. In the latter case, the competent authority shall make its decision within two months of the resolution of the difficulty, and in any event within a maximum period of three months from the provider's information as to the existence of this difficulty.
    "The competent authority shall, in order to implement the suitability test, have a period of one month from the date of its decision to submit the supplier to such a test.
    "In the absence of a response from the competent authority within the time limits set out in the first paragraph, or in the event of non-compliance with the period referred to in the preceding paragraph, the service delivery may be performed. »

    Article 4 Learn more about this article...


    It is inserted, after R. 204-1, articles R. 204-2 to R. 204-6 as follows:


    "Art. R. 204-2.-For occupations to which access or exercise of which is regulated by this Code, professionals national of a Member State of the European Union or of another State Party to the Agreement on the European Economic Area, other than those mentioned in Articles L. 204-1 and R. 204-1, shall justify to the competent authority the possession of a title of training or other certificate of occupation required
    "The professionals mentioned in the first paragraph may also have access to the same professions if they have certificates of competence or proof of training issued by another Member State that does not regulate the profession and justify having practised the profession in a full-time Member State for a year or part-time for a total period of equivalent to the preceding ten years. However, this justification is not required when the training leading to this activity and owned by the applicant is regulated in the Member State or party to the agreement on the European Economic Area in which it was validated.


    "Art. R. 204-3.-Access to the profession or exercise by a professional referred to in section R. 204-2 may be subordinate, after taking into account his or her professional experience and apprenticeship throughout the life that has been validated by a competent body, to an adaptation course of up to three years or to a fitness test carried out within the maximum period of six months from the decision
    1° When the training given by the professional concerns material substantially different from those covered by the training title required in France;
    2° When one or more professional activities within a regulated profession in France do not exist in the corresponding profession in the applicant's member state of origin and the training required in France concerns material substantially different from those covered by the applicant's certificate of competence or training.
    The content and the terms and conditions of the internship or fitness test are determined, under the conditions mentioned in section R. 204-5, according to the difference in qualification level between the level that the professional possesses and the level required in France, by order of the Minister responsible for agriculture.


    "Art. R. 204-4.-The qualification levels referred to in R. 204-3 are as follows:
    « 1° Attestation of jurisdiction issued by a competent authority thereafter:


    "-a training not part of a certificate or diploma;
    "a general education of the level of primary or secondary education;
    "-a specific examination without prior training;
    "of the full-time exercise of the profession in a Member State for three consecutive or part-time years for an equivalent period over the last ten years;


    « 2° Certificate sanctioning a general secondary education cycle, supplemented by a vocational education or training cycle or by the required vocational training or practice, or a technical or vocational secondary education cycle, supplemented if applicable by a vocational education or training cycle or by the required vocational training or practice;
    « 3° Degree of post-secondary education of a minimum of one year or of a part-time equivalent duration, accessible after completion of a secondary school cycle or vocational training, or diploma of a regulated training or vocational training, with skills greater than those provided for in 2°;
    « 4° Diploma in post-secondary education of a minimum of three years and not more than four years or a part-time equivalent duration, provided at a university, higher education institution or at another equivalent level institution;
    « 5° A graduate of a post-secondary education cycle of at least four years or a part-time equivalent duration, which is provided at a university, higher education institution or at another equivalent level institution.


    "Art. R. 204-5.-When an internship or fitness test may be imposed pursuant to section R. 204-3, the following conditions apply:
    « 1° When the level of training required in France for the exercise of a profession corresponds to that mentioned in the 1st of Article R. 204-4:


    "If the level of training in the State of origin corresponds to that mentioned in the 1st of the same article, the applicant shall, at his or her choice, be subjected to a suitability test or an adaptation course;
    "If the level of formation in the State of origin corresponds to those mentioned in the 2°, 3°, 4° or 5° of the same article, no obligation of compensation may be imposed;


    « 2° When the level of training required in France for the exercise of a profession corresponds to that mentioned in 2° of Article R. 204-4:


    "-if the level of formation in the State of origin corresponds to those mentioned in the 1° or 2° of the same article, the applicant is subject, at his choice, to a suitability test or to an adaptation stage;
    "-if the level of formation in the State of origin corresponds to those mentioned in the 3°, 4° or 5° of the same article, no obligation of compensation may be imposed.


    « 3° When the level of training required in France for the exercise of a profession corresponds to that referred to in Article 3 R. 204-4:


    "If the level of training in the State of origin corresponds to that mentioned in the 1st of the same article, the applicant shall, at the choice of the competent authority, be subjected to a suitability test or an adaptation course;
    "If the level of formation in the State of origin corresponds to those mentioned in the 2° or 3° of the same article, the applicant is subject, at his choice, to a suitability test or to an adaptation course;
    "If the level of formation in the State of origin corresponds to those mentioned in the 4th or 5th of the same article, no obligation of compensation may be imposed;


    « 4° When the level of training required in France for the exercise of a profession corresponds to that mentioned in the 4th article R. 204-4:


    "If the level of training in the State of origin corresponds to that mentioned in the 1st of the same article, the applicant is subject to a suitability test and an adaptation internship;
    "If the level of training in the State of origin corresponds to that mentioned in the 2nd of the same article, the applicant shall, at the choice of the competent authority, be subjected to a suitability test or an adaptation course;
    "If the level of training in the State of origin corresponds to those mentioned in the 3rd or 4th of the same article, the applicant is subject, at his or her choice, to a suitability test or to an adaptation course;
    "If the level of formation in the State of origin corresponds to that mentioned in the 5th of the same article, no obligation of compensation may be imposed;


    « 5° When the level of training required in France, for the exercise of a profession, corresponds to that mentioned in the 5th of Article R. 204-4:


    "If the level of formation in the State of origin corresponds to that mentioned in the 1st of the same article, the request cannot be welcomed favourably;
    "If the level of training in the State of origin corresponds to that mentioned in the 2nd of the same article, the applicant shall, at the choice of the competent authority, be subjected to a suitability test or an adaptation course;
    "-if the level of formation in the State of origin corresponds to those mentioned in the 3°, 4° or 5° of the same article, the applicant is subject, at his choice, to a suitability test or to an adaptation course.


    "Art. R. 204-6.-The competent authority has a period of one month to acknowledge receipt of the application and to request the petitioner, if any, the missing documents. The decision to authorize the exercise of the profession in question, duly motivated, intervenes within three months of the receipt of the complete file, which may be extended for one month. The absence of a response from the competent authority within the specified time limits is a decision of acceptance.
    "Applicants subject to an accommodation or fitness test are deemed to have the professional qualifications required to practise the profession in question, as the case may be at the end of the internship or as of the date of notification of their success in the fitness test. »

  • Chapter II: Sectoral provisions Article 5 Learn more about this article...


    Chapter I of title VII of Book I is thus amended:
    1° The last paragraph of section R. 171-4 is replaced by the following provisions:
    "The chair of the committee shall distribute to the members of the National Council the names of the candidates proposed during the sending of the convocation to the General Assembly to proceed with the election of the members of the committee. » ;
    2° In article R. 171-6, the words "at least twice a year" are deleted;
    3° In the second paragraph of section R. 171-8, the words: "Annual contribution rate" are replaced by the words: "Annual contribution amount";
    4° In R. 171-9, after the words: "every year", the words are inserted: "and is updated every quarter under the same conditions";
    5° Article R. 171-10:
    (a) The first sentence of 1° is replaced by the following:
    "Justify a professional practice of the missions of expertise referred to in the first paragraph of Article L. 171-1 for at least seven years, except to justify the detention of a title or diploma corresponding to a minimum of four years of post-secondary education in agricultural, agronomic, environmental, forestry, legal or economic disciplines, or in the areas of land development, landscapes, or professional urbanism, and three years of practice. » ;
    (b) The second paragraph of the 1st is deleted;
    (c) The 2° is replaced by the following:
    « 2° Not having been sentenced over the past five years for acts contrary to honour, probity or good morals in relation to professional practice, or having been punished under the provisions of title V of Book VI of the Commercial Code. » ;
    6° In R. 171-11, the words: "before May 1" are deleted;
    7° In 6 of article R. 171-12, after the words: "Judicial record number 3" and after the word "certification" are inserted the words "dating less than three months" and the 7 is replaced by the following:
    « 7. A statement on honour or any other means of proof that the person concerned meets the conditions referred to in 2° of Article R. 171-10 and the second paragraph of Article L. 171-1;
    “8. If applicable, a statement of the activity envisaged in a societal form. » ;
    8° Article R. 171-12-1:
    (a) The words: "the Community" are replaced by the words: "the Union";
    (b) After the word: "European" are inserted the words: "who wish to practise the profession of land and agricultural expert or forest expert in the national territory";
    (c) After the words: "knowledge" are inserted the words: ", aptitudes and skills";
    (d) At the end of the first paragraph are added the words: "or during his or her learning throughout life that has been validated by a competent body";
    (e) In the second paragraph, after the words: "registration" are inserted the words: "of the applicant" and the words: "to the completion, by the candidate, of a suitability test or an adaptation course of up to three years" are replaced by the words: "to the respect of the conditions of the 5th of Article R. 204-5";
    9° In R. 171-12-2, after the words: "knowledge" are inserted the words: ", skills and professional skills";
    10° Article R. 171-12-3:
    (a) In the first paragraph, the words: "under the coming year" are replaced by the words: "in the next quarterly update" and the words: "in a fitness test or an adaptation course" are replaced by the words: "in compliance with the conditions of the 5th of section R. 204-5. » ;
    (b) In the third paragraph, the words: ", mentions that the choice is left to the applicant between the completion of the internship or the aptitude test, and specifies that if the choice is not exercised within one month, it will be considered to have waived the registration on the useful list" are deleted;
    (c) The fourth preambular paragraph is replaced by the following:
    "The aptitude test shall be organized within a maximum period of six months allowing the candidate to be registered on the list under the conditions set out in the first paragraph of this article";
    11° Article R. 171-17-1:
    (a) In the first and third paragraphs, the words "the Community" are replaced by the words "the Union";
    (b) At 3°, the words: "two years" are replaced by the words: "one year or part-time for an equivalent duration," and the words: "the state of establishment" are replaced by the words: "one or more member states".

    Article 6 Learn more about this article...


    Chapter I of Book II title I is amended as follows:
    1° The number "I" is inserted at the beginning of the first paragraph of Article R. 211-9, which is supplemented by a II as follows:
    “II. - The certificate of knowledge and skills referred to in 3° of I is also issued, in accordance with the terms fixed by order of the Minister for Agriculture, to professionals, other than those mentioned in Article L. 204-1, nationals of a Member State of the European Union or another State Party to the Agreement on the European Economic Area under the conditions provided for in Articles R. 204-2 and R. 204-3.
    "In the event of a substantial difference between the training required in France to exercise the activity referred to in section L. 211-17 and the knowledge acquired by the applicant, the 1st of section R. 204-5 applies. » ;
    2° Section R. 211-9-1 is repealed.

    Article 7 Learn more about this article...


    Chapter IV of title I of book II is thus amended:
    1° Section R. 214-25-1 is amended as follows:
    (a) In the first paragraph, the words: "that justify a certificate of competence or a title of formation of an equivalent or immediately lower level, as defined in Articles 11 and 13 of Directive 2005/36 of 7 September 2005, to that required in France to carry out the activities referred to in Article L. 214-6" are replaced by the words: "in the conditions provided for in Articles R. 204-2 and R. 204-3";
    (b) The second and third paragraphs are replaced by the following:
    "In the event of a substantial difference between the training required in France to carry out the activities referred to in I of section L. 214-6-1 and the knowledge acquired by the applicant, the 1st of section R. 204-5 applies. » ;
    2° Section R. 214-57 is replaced by the following provisions:


    "Art. R. 214-57. - I. - The procedure for organizing the training referred to in paragraph 4 of section 6 of the Regulation (EC) No. 1/2005 of the Council of 22 December 2004 relating to the protection of animals during transport and related operations and amending directives 64/432/EEC and 93/119/EC and Regulation (EC) No. 1255/97 shall be specified by order of the Minister for Agriculture.
    “II. - The certificate of fitness or competence provided for in section 6, paragraph 5, of the Regulations shall be issued by the prefect of the department of the conveyor's home, in the conditions and in the manner defined by order of the Minister for Agriculture.
    "III. - For the issuance of the approval referred to in Article L. 214-12, the qualification of conveyors or conductors, nationals of a Member State of the European Union or another State Party to the Agreement on the European Economic Area, carrying other species than those mentioned in Article 17, paragraph 2, of the Regulations, shall be examined under the conditions provided for in Articles R. 204-2 and R. 204-3 for the exercise of liberty or In the event of substantial differences between the training required in France and the knowledge acquired by the applicant, the 1st of section R. 204-5 applies. » ;
    3° Section R. 214-115 is amended as follows:
    (a) In the first paragraph, the words: ", which justify a certificate of competence or a qualification of an equivalent or immediately lower level, within the meaning of sections 11 and 13 of Directive 2005/36/EC of 7 September 2005 relating to the recognition of professional qualifications, to the one required under the order referred to in Article R. 214-114" are replaced by the words: "in the conditions set out in sections 204-3;
    (b) The second and third paragraphs are replaced by the following:
    "In the event of substantial differences between the training required in France and the knowledge acquired by the applicant, the 1st of section R. 204-5 applies to professionals applying experimental procedures and the 5th of the same section applies to the animal design and testing profession. A joint decision of the Ministers responsible for agriculture, research and defence sets out the content and terms of the conditions of the internship and the aptitude test referred to in Article R. 204-3. » ;
    4° Section R. 214-116 is repealed.

    Article 8 Learn more about this article...


    Article R. 254-9 is supplemented by a III as follows:
    "III. - Nationals of a Member State of the European Union or another State Party to the Agreement on the European Economic Area that have a certificate issued in their State of origin, in accordance with the requirements of Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for community action to achieve the use of pesticides compatible with sustainable development, which wish to exercise their activities on a temporary and occasional basis This statement is transmitted by any means, accompanied by the individual certificate, and, as necessary, by their translation into the French language. It is renewed every year and in the event of a change of professional status.

    Article 9 Learn more about this article...


    Chapter III of Book VI title V is thus amended:
    1° The number "I" is inserted at the beginning of the article R. 653-87, which is supplemented by a II as follows:
    “II. - The certificate of fitness shall also be issued, in accordance with the terms fixed by order of the Minister for Agriculture, to any national of a Member State of the European Union or another State Party to the Agreement on the European Economic Area under the conditions set out in Articles R. 204-2 and R. 204-3.
    "If there are substantial differences between the training required in France and the knowledge acquired by the applicant, the 1st of section R. 204-5 applies. » ;
    2° Articles R. 653-87-1 and R. 653-87-2 are repealed;
    3° Section R. 653-96 is amended as follows:
    (a) In the first paragraph of the IV, the words: "the European Community or a State Party to" are replaced by the words: "the European Union or another State Party to the agreement on" and the words: "that justify a training title or a certificate of competence issued by the competent authority of the Member State of origin, of an equivalent level or immediately below the meaning of articles 11 and 13 of the directive
    (b) The second and third paragraphs of the IV are replaced by the following:
    "If there are substantial differences between the training required in France and the knowledge acquired by the applicant, the 2nd of section R. 204-5 applies to the equine inseminator and the 5th of the same section applies to the head of the insemination center. » ;
    (c) The V is repealed.

    Article 10 Learn more about this article...


    The provisions of this Order come into force on 1 January 2016.
    However, provisions of 1° of Article R. 171-10 of the Rural and Maritime Fisheries Code, in their writing before this Order, remain applicable to holders of titles or diplomas equivalent to the minimum of the licence in the agricultural, forestry, legal or economic disciplines that, at the date of entry into force of this Order in Council, carry out, as a personal capacity or under the responsibility of a probationer, expert missions referred to in the first paragraph of Article L. 171-1.

    Article 11 Learn more about this article...


    The Minister of National Education, Higher Education and Research, the Minister of Defence and the Minister of Agriculture, Agri-Food and Forestry, Spokesperson of the Government, are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done on December 24, 2015.


Manuel Valls

By the Prime Minister:


Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,

Stéphane Le Foll


Minister of National Education, Higher Education and Research,

Najat Vallaud-Belkacem


Minister of Defence,

Jean-Yves Le Drian


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