French Sports Code
In forceFor the exercise of all or part of the activities in the functions mentioned in article L. 212-1, the declarant's professional qualification, certified in accordance with 1°, 2°, 3° or 4° of article R. 212-90, is considered to be substantially different from the professional qualification required on national territory, when the declarant's training is not such as to guarantee the safety of participants and third parties.
When the Prefect, or the Minister responsible for sports for the activities mentioned in 1° and 2° of article R. 212-91 and for the activity of mountain leader, considers that there is a substantial difference with the professional qualification required on national territory and after checking that this difference is not entirely covered by the knowledge, skills and competences acquired by the applicant through full-time or part-time professional experience or through lifelong learning and which, for this purpose, has been formally validated by a competent body, in a Member State or in a third country, it shall refer the matter to the Commission for the Recognition of Qualifications for an opinion within the period mentioned in article R. 212-89.
Within a period of one month from the date of referral, the commission will give its opinion on the existence of a substantial difference with the professional qualification required on national territory and, if necessary, propose to the Prefect, or to the Minister responsible for sports for the activities mentioned in 1° and 2° of article R. 212-91 and for the activity of mountain leader, if it considers that the knowledge, skills and competences acquired by the applicant through full-time or part-time professional experience or lifelong learning are not such as to cover, in whole or in part, the substantial difference noted, to subject the applicant to an aptitude test or an adaptation course lasting a maximum of three years, the terms of which it proposes. After taking note of the Commission's opinion, the Prefect, or the Minister for Sport for the activities mentioned in 1° and 2° of article R. 212-91 and for the activity of medium mountain leader, informs the applicant of the choice of either taking an aptitude test or completing an adaptation course, the details of which the Prefect, or the Minister for Sport for the activities mentioned in 1° and 2° of article R. 212-91 and for the activity of medium mountain leader, specifies. The applicant must make known his choice between the aptitude test and the adaptation course within one month.
For activities taking place in a specific environment within the meaning of the provisions of article L. 212-7, the commission, before issuing its opinion, refers the matter to the specialised consultation bodies, where they exist, for their opinion. After having ruled on the existence of a substantial difference, the Commission proposes, where appropriate, to the Prefect, or to the Minister responsible for sports for the activities mentioned in 1° and 2° of article R. 212-91 and for the activity of medium mountain leader, by way of derogation from the right of option open to the applicant between the aptitude test and the adaptation course and for reasons relating to the safety of individuals, to subject the applicant to an aptitude test. After considering the opinion of the commission, the prefect, or the minister responsible for sports for the activities mentioned in 1° and 2° of article R. 212-91 and for the activity of mid-mountain guide, may require the applicant to take an aptitude test.
An order from the Minister for Sport determines, for each of the activities carried out in a specific environment, the criteria for assessing the substantial difference, the programme, the organisation and assessment procedures for the aptitude test and draws up the list of establishments in which it is organised. The commission proposes and the prefect, or the minister responsible for sports for the activities mentioned in 1° and 2° of article R. 212-91 and for the activity of mountain leader, determines which of the subjects in the programme the applicant will be tested on, depending on the substantial difference noted and the knowledge, skills and competencies acquired by the applicant in the course of full-time or part-time professional experience or lifelong learning.
