French Labour Code
In forceI.-The Director General of France Compétences may, in particular in the event of an alert being issued on the basis of the last paragraph of Article R. 6113-14, request any documents and evidence enabling him to ensure, for the duration of the registration, that the condition of good repute set out in Article R. 6113-14, compliance with the obligation relating to the information provided to the public under article R. 6113-14-1 or compliance with the criteria mentioned in articles R. 6113-9 and R. 6113-11 in respect of which the professional qualifications and certifications or authorisations have been registered.
In the light of the information sent under the first paragraph, the Director General of France Compétences may send an observations report to the ministries and certifying bodies in the event of non-compliance with the obligations mentioned in the first paragraph, indicating the period of time within which they may submit written observations and request a hearing, where appropriate. This period may not be less than thirty days from the date of notification.
II.Without prejudice to the provisions of the last paragraph of article R. 6113-14, in the event of non-compliance with the good repute condition provided for in article R. 6113-14 or serious and proven breaches of the physical or moral integrity of candidates for the acquisition of a professional qualification or a qualification or authorisation registered in the national registers, the Director General of France Compétences will, following the procedure set out in I and after receiving the opinion of the Professional Certification Commission, issue a decision, depending on the seriousness of the breaches observed, and by means of a reasoned decision which he will notify to the certifier body, the suspension or withdrawal from the national registers of some or all of the professional qualifications or certifications or authorisations issued by the body concerned.
III - In the event of non-compliance with the criteria mentioned in articles R. 6113-9 and R. 6113-11 with regard to which the professional certifications and certifications or habilitations have been registered, or with the obligations set out in articles R. 6113-14-1, R. 6113-15 and R. 6113-16, a formal notice is sent to the ministries or certifying bodies by the Director General of France Compétences, indicating the period of time they have to comply with their obligations. The ministries and certifying bodies may submit written observations and, if necessary, ask to be heard. This period may not be less than sixty days from the date of notification.
In the absence of compliance within the period provided for in the previous paragraph, the Director General of France Compétences, in a reasoned decision that he notifies to the ministry or certifying body, decides to withdraw from the national registers, depending on the seriousness of the facts, some or all of the professional qualifications or certifications or authorisations issued by the ministry or body concerned.
The withdrawal decision by the Director of France Compétences may be accompanied by a prohibition on submitting a new project for a professional qualification or certification or authorisation for a period of one year.
The decision may only be taken in the light of written observations and after a hearing, where appropriate, with the party concerned, unless no document or request for a hearing has been submitted before the expiry of the time limits laid down in the previous paragraphs.
