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Operator of a boat-operating training facility

1. Defining the activity

The operator of a boat operator training facility is in charge of the administrative, legal and fiscal management of the establishment.

It also recruits trainers and coordinates the work of the teams.

Two degrees. Professional qualifications

a. National requirements

National legislation

In order to operate a boating training establishment, the professional must have obtained an accreditation from the prefect of the place where he wishes to carry out his activity.

Accreditation is reserved for any interested party who justifies:

  • be at least 18 years old
  • not to have been sentenced to a correctional or criminal sentence;
  • Be certified as a boat driver or appoint a training officer;
  • to hold a state diploma or a certified higher education or technology degree at or above Level III (B.A. 2), or a diploma issued abroad at a comparable level.

To go further Article L. 5272-2 of the Transportation Code; Articles 22 and 23 of Decree No. 2007-1167 of August 2, 2007 on driver's licenses and motor boat training.

Training

An individual who wishes to run a boating training facility must at least have received legal, economic, accounting or commercial training sanctioned by one of the Level III diplomas. He may also have received accredited training in the management and operation of conduct training facilities.

Costs associated with qualification

Training leading to the activity of operator of such an institution is paid and its cost varies according to the course envisaged. For more information, it is advisable to get closer to the establishments that exempt it.

b. EU or EEA nationals: for temporary and occasional exercise (Free Service Delivery)

There are no regulations for a national of a Member State of the European Union (EU) or part of the European Economic Area (EEA) wishing to practise as an operator of a training establishment for the conduct of a boat in France, on a temporary or casual basis.

Therefore, only the measures taken for the free establishment of EU or EEA nationals (see infra "5o. Steps and procedures for recognition of qualification") will find to apply.

c. EU or EEA nationals: for a permanent exercise (Free Establishment)

The EU or EEA national who is legally based in that Member State and who operates a boat-operating training facility may, on a permanent basis, carry out the same activity in France from then on:

  • That he holds a certificate of competency or a training certificate required to carry out this activity in a state that regulates the profession and is issued by a competent or recognized authority;
  • that he justifies having been in the job for at least one year full-time or part-time for an equivalent period of time in the last ten years, when the state does not regulate the profession or training;
  • that it justifies a training title allowing the profession of operator of boating training establishment acquired in a third country and recognised as equivalent in an EU or EEA state, and that it justifies its exercise for three years in that state.

If the national of an EU or EEA state fulfils one of these conditions, he or she will have to apply for approval from the prefect of the place where he wishes to carry out his activity (see below "5o). a. Seek prefectural approval for EU or EEA nationals for permanent exercise (LE) ").

Where there are substantial differences between the professional qualification of the national and the training required in France, the competent authority may require that the person concerned submit to a compensation measure (see infra "5o. a. Good to know: compensation measures").

To go further Article 23 of Decree No. 2007-1167 of August 2, 2007 on driver's licenses and motor pleasure boat training.

Three degrees. Conditions of honorability, ethical rules, ethics

The person concerned who wishes to run a training establishment for the operation of a boat must respect conditions of honour and in particular not be the perpetrator of offences:

  • harm to the human person;
  • damage to property (theft, extortion, fraud, receiving, etc.);
  • drug use;
  • concealed labour, lending or illegally supplying labour.

To go further : annex to Decree No. 2007-1167 of August 2, 2007 relating to driver's license and motor pleasure boat training.

It's a four-degree one. Insurance

In order to operate a boat-operating training facility, the professional must take out professional liability insurance.

In addition, it is obliged to take out such insurance for its employees, for the acts carried out during their professional activity.

Five degrees. Qualification recognition procedures and formalities

a. Seek prefectural approval for EU or EEA nationals for permanent exercise (LE)

Supporting documents

The application for accreditation is made by sending a file to the instructor service including the following supporting documents:

  • The form Cerfa 14677*01 , filled, dated and signed;
  • where the national has not been authorized to teach boating:- A copy of a valid ID,
    • A certificate of competency or training certificate issued by the EU or EEA State,
    • a certificate of competency or a training document justifying that the national has been in the activity for at least one year in the past ten years, in a state that does not regulate the training or its exercise,
    • A written statement identifying the training manager;
  • Where the national is also a trainer, a photocopy of the teaching authorization;
  • As far as the establishment is concerned:- A copy of the Kbis print or an entry or chamber of commerce entry extract less than one year old,
    • for associations, a photocopy of the association's statement in the prefecture and a photocopy of its statutes,
    • proof of the occupation of the premises of the establishment,
    • A copy of the navigation title of the training vessel or boats used (copy of the lease of the boat or boats if they are not the property of the establishment),
    • the description of the body of water used for practical training and its materialization on a sea or river map,
    • A photocopy of the school's teaching permissions and the justification for their social or subordination relationship with the institution.

Renewal

Accreditation is issued for a period of five years. However, before the deadline, the operator will have to apply for renewal by providing the following parts:

  • A copy of the expiring approval
  • The parts requested for approval, when they change the operator's situation;
  • any documentation justifying the operator's honourability.

Good to know: compensation measures

The prefect may subject the national to a compensation measure (accommodation or aptitude test) where there are substantial differences between the professional qualification and the training received by the national and those required in France.

The adaptation course, the duration of which is set by the prefect, must be carried out in an accredited institution. The national will have to give him the certificate of internship as well as the report written by the head of the approved institution, and concerning his management abilities.

The aptitude test was passed by two representatives of the instructor service and two certified school managers. During the interview, the national will be asked by the board to assess their knowledge of the regulations and administrative procedures relating to the recreational licence.

To go further Articles 7 to 11 of the September 28, 2007 order on motor pleasure boat driver's licences, certification of training institutions and the issuance of teaching permits.

b. Remedies

French assistance centre

The ENIC-NARIC Centre is the French centre for information on academic and professional recognition of diplomas.

Solvit

SOLVIT is a service provided by the National Administration of each EU member state or party to the EEA agreement. Its aim is to find a solution to a dispute between an EU national and the administration of another of these states. SOLVIT intervenes in particular in the recognition of professional qualifications.

Conditions

The person concerned can only use SOLVIT if he establishes:

  • that the public administration of one EU state has not respected its rights under EU law as a citizen or business of another EU state;
  • that it has not already initiated legal action (administrative action is not considered as such).

Procedure

The national must complete a online complaint form .

Once his file has been submitted, SOLVIT contacts him within a week to request, if necessary, additional information and to verify that the problem is within his competence.

Supporting documents

To enter SOLVIT, the national must communicate:

  • Full contact details
  • Detailed description of his problem
  • all the evidence in the file (for example, correspondence and decisions received from the relevant administrative authority).

Time

SOLVIT is committed to finding a solution within ten weeks of the day the case was taken over by the SOLVIT centre in the country in which the problem occurred.

Cost

Free.

Outcome of the procedure

At the end of the 10-week period, SOLVIT presents a solution:

  • If this solution resolves the dispute over the application of European law, the solution is accepted and the case is closed;
  • if there is no solution, the case is closed as unresolved and referred to the European Commission.

More information

SOLVIT in France: General Secretariat for European Affairs, 68 rue de Bellechasse, 75700 Paris ( official website ).