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France

Peintre (France)


  • Proportionality information

    1. Have you examined whether the requirements under your national legal system are
    directly or indirectly discriminatory on the basis of nationality or residence?
       Obligation of professional qualification No direct or indirect discrimination: Article 17-1 of Law No. 96-603 and Decree No. 98-246 provide several ways to avoid the creation of discrimination: - Pursuit of a regulated activity on a temporary or occasional basis: Under Article 17-1 of Law No. 96-603, a national of a member state of the European Union or a country part of the EEA may carry can pursuit a regulated activity in France, if he is legally established in its original state in order to pursue the same activity and, if this activity is not regulated in its original state, he has practiced that activity for at least two years during the ten years preceding the provision of service to be made in France. - Pursuit of a regulated activity on a permanent basis: Decree No. 98-246 provides mechanisms to ensure the conventionality of the system : o Equivalence of qualifications: a national of a state of the Union or the EEA can work in a regulated activity in France if he holds a certificate of competence or a qualification. The certificate of competency must have been issued by a competent authority designated in accordance with the provisions in force in a State, a member or members. It certifies a level equivalent to or immediately below the diplomas and certificates provided for French nationals (CAP / BEP and title approved equivalent) qualification and is issued on the basis of either a training not resulting in the issuance of a certificate or diploma, or a specific examination without training or professional practice considered in one of these states for three years effective as a company director, self-employed or employee. If the citizen does not meet the above conditions, it may still get if he accepts compensation measures. o Qualification by a professional experience of three years: a national of a state of the Union or of the EEA that does not have a professional qualification may settle in France to work in a regulated activity if he has an experience of 3 years in the trade. Compulsory registration requirement in the “repertoire des métiers” (Trades register): No direct or indirect discrimination: any person engaged in a handicraft activity, employing less than 10 persons, must register. Registration is not required in case of temporary provision of services. Obligation to complete the “stage de preparation à installation” (SPI : set up preparation training course): No direct or indirect discrimination: Law No. 82-1091 provides that a qualified professional, national of a State member of the European Union or party to the Agreement on the European Economic Area is exempted from following the SPI, but may be subject to an aptitude test or an adaptation test if the review of his professional qualifications (including professional experience) shows that he has not received a training in management or that his training covers matters substantially different from those covered by the SPI.

    2. Which of the following overriding reasons relating to the general interest justifies the measure(s)?
         
    • Public health
    •    
    • Protection of consumers and recipients of services
    •    
    • Protection of creditors

    3. What specific risks or benefits have you identified that your measure(s) is designed to, respectively, minimise or maximise?

       Please try to be specific in describing the nature of the risks/benefits you have identified
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. Wherever possible please include evidence.

       Obligation of professional qualification The risks covered are harm to the person and damages to property from work or services performed by people who do not master the techniques necessary for the exercise of their activity. The obligation of professional qualification ensures that the services or works are carried out by qualified professionals, knowing the safety rules and standards to apply. In the case of activity house painter, poor performance of work, because of the use of toxic products, may endanger the health of workers and customers and affect the ability of the buiding to be habitable. Compulsory registration requirement in the “repertoire des métiers” (Trades register): The risks covered are carrying out work by unqualified persons (see above risks), the CMA ensuring control of pre-qualification for registration, and endangering the client and the creditor, who would have no way of knowing the identity and characteristics of the company. Obligation to complete the “stage de preparation à installation” (SPI : set up preparation training course): The risks covered are bad application of legal, social and fiscal rules.

    4. How specifically do your measures operate to minimise the risk(s) or maximise the benefit(s) identified in question 3?

       When addressing this question please try to explain how the measures prevent the risks or guarantee the benefits.
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. Wherever possible please include evidence.

       Obligation of professional qualification The risk is that the work or services performed suffer from defects or do not meet the standards of use. The most effective way to minimize these risks is to ensure that the persons performing such work and services have personally a qualification justifying their knowledge of standards and rules to follow, or that they work under the effective control of a qualified person. Compulsory registration requirement in the “repertoire des métiers” (Trades register): The registry is the less stringent measure, and a standard one, that allows systematic monitoring of compliance with professional qualification obligations. Only through registration can a third party have access to a legal directory listing all companies in the sector. Obligation to complete the “stage de preparation à installation” (SPI : set up preparation training course): The SPI provides a specialized and adapted to the activity of the contractor training. It ensures that the entrepreneur is sufficiently familiar with the regulatory environment of its business.

    5. In so far as you are able, please provide information that you have gathered regarding the concrete effects of the measure(s).

       For example, through impact assessments or information gathered during implementation or review of a measure. Member States who have recently undergone reforms may in particular be able to contribute helpfully to this field. Where you are able to provide cost-benefit analyses this would be particularly valuable.
       Information on whether the measures indeed successfully prevented risks from being realised (e.g. the number of sanctions imposed, a drop in transgressions since the measure was introduced or consequences from previous modifications of the regulation) would equally be helpful.
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. You may also wish to include evidence on consumer satisfaction or other measurements of the impact.

        No data available

    6. Is the general interest objective you indicated in question 2 pursued in a consistent and systematic manner?.

       In approaching your response to this question please consider examples where you have addressed similar risks for comparable professions, not necessarily within the same sector. Is the approach you have adopted in this particular profession comparable or distinct from such similar cases and why?

       Obligation of professional qualification The objective of general interest pursued in the same way for other businesses owned regulated by Article 16 of Law No. 96-603 activities including baker, caterer, mason, painter, electrician. Indeed, the principle is the same: lack of knowledge and experience in certain activities may cause, in case of defects or errors, important safety and human health risks. The law is therefore also be the personal qualifications of the professional performing the service, is that it works under the supervision of a qualified person. In addition, the level of title or qualification required is the lowest recognized by the national education (level V) and the qualification can be acquired after three years of experience in the business, as an entrepreneur, independent and even employed. Compulsory registration requirement in the “repertoire des métiers” (Trades register): The objective of general interest pursued in the same way all the crafts. Obligation to complete the “stage de preparation à installation” (SPI : set up preparation training course): The objective of general interest pursued in the same way all the crafts.

    7. Please explain in how far the degree of complexity or the nature of the activities
    which are reserved justify that these activities can be exclusively performed by professionals possessing a specific professional qualification?

       For example: when the tasks are essentially of a straightforward nature (such as preparing and printing pay slips etc.), or involve essentially the execution of instructions, specific professional aptitudes should not be required.

       Beforehand, it is recalled that activity subject to qualification on the basis of Article 16 of the Act may be exercised either by a qualified person or by an unqualified person, but under the effective and permanent control of a qualified person. The activity of house painter can be subject to qualification on the ground of: - Significant impact on goods and people that could be caused by a defect ; - Risks faced by workers due to the use of toxic chemicals and heavy lifting.

    8. Where you have indicated several measures in place in the screening tab,
    have you reviewed the cumulative effect of all these measures on professional activities?

       If not, why not?
       If yes, please outline for us how you approached assessing this issue as well as the results and conclusions or any learning you drew from this. Where possible please include evidence.

       Each measure has a specific goal that has not the same effect on professionals. Compulsory registration, imposed on companies that have a craft activity, have less than 10 employees and comply with the rules concerning professional qualification, allows third parties, including consumers, to have access to a register summarizing the legal situation of the company and thus promoting confidence in contractual relationships. The qualification protects the consumer, but also the worker, by ensuring the quality of services provided.

    9. Have you considered the use of alternative mechanisms to achieve your objective(s)?
         
    • Other, please specify

       Please briefly explain. Where you have selected more than one option, please be sure to address each of these in your response.

       No less restrictive alternative for businesses and to achieve those targets could be identified.

    10. Conclusion

       Following your internal examination of this regulated profession, which of the following have you concluded?

    •    Maintain current system

       Explain where relevant:

       No less restrictive alternative for businesses and to achieve those targets could be identified.

    11. Any other comments?
       No other comment
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