 Poster: A snowHead
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We've talked a lot in the past about teaching downhill skiing but what about other sports teaching in France? Well it seems similar rules apply and I thought I would try and decipher them.
The law (or at least the French version of it)
All sports are regulated in France when you want to offer a service for remuneration - even a beer! You can't use a qualification from one sport to teach another similar sport. For example someone who was qualified to teach microlights was fined when he was found teaching paragliding despite the similarities.
EU and even non-EU qualifications can have an equivalence (interesting for BASI members post Brexit). You can ask for an equivalence here:
https://www.arquedi.sports.gouv.fr/
Of course for new sports things can be complex, for "speed riding"you need to be a qualified ski and para-glider teacher, the same for snow kiting.
Declaration to the prefecture
First of all you need to declare yourself as a Sports teacher to the authorities, normally the prefecture where you live and will practice your activity but otherwise at a special address in Grenoble for snowsports. Your declaration is valid for 5 years and you get a Carte Pro, if you are training you get a "attestation de stagiere".
EU nationals: for temporary and occasional services
Nationals of the European Union (EU) or of the European Economic Area (EEA) legally established in one of these States may exercise the same activity in France temporarily and occasionally provided that they have addressed to the relevant prefecture (Isere for snowsports) a prior declaration of activity.
If the activity or the training leading to it is not regulated in the Member State of origin or the State of the place of establishment, the national must also prove that he has pursued this activity for at least the equivalent of two full-time years during the last ten years preceding the service. This would seem to be the situation for most UK sports.
The prefect may order a control of competences the first time you want to offer your service in France. Demands have to be renewed for each subsequent visit.
In the month following a demand the prefect may:-
i. ask for complementary information, the prefect then has 2 further months to respond
ii. give authorization, in which case the the service can start
iii. ask for a verification of competences, and if the qualifications seem to substantially differ from French qualifications, the prefect can ask for a test.
If you don't hear back in the delays you can start your activity. If you get a negative response you have 2 months to demand the opinion of the administrative courts.
European nationals wishing to exercise in France on a temporary or occasional basis must have the linguistic knowledge necessary to exercise activity in France, in particular in order to guarantee the security of physical and sporting activities and its ability to alert the emergency services.
Nationals of an EU or EEA State may settle in France to practice there permanently
If the home Member State regulates access to or the exercise of the activity:
i. hold a certificate of competence or a training certificate issued by the competent authority of an EU or EEA State which attests to a level of qualification at least equivalent to the level immediately below that required in France;
ii. hold a title acquired in a third country and admitted to equivalence in an EU or EEA state and justify having carried out this activity for at least two years full time in that state.
If the home Member State does not regulate access to or the exercise of the activity:
i. justify having carried out the activity in an EU or EEA state, full time for at least two years in the last ten years, or, in the case of part-time exercise, justify an activity for an equivalent duration and hold a certificate of competence or a training certificate issued by the competent authority of one of these States, which attests to preparation for the exercise of the activity, as well that a qualification level at least equivalent to the level immediately below that required in France;
ii. hold a certificate attesting to a qualification level at least equivalent to the level immediately lower than that required in France, issued by the competent authority of an EU or EEA State and attesting to regulated training specifically targeting the exercise of all or part of the activities mentioned in the Sports Code and consisting of a course of study supplemented, where appropriate, by professional training, an internship or a professional practice .
If the national fulfills one of the four above conditions, the qualification requirement required to practice is deemed to be satisfied.
However, if the national's professional qualifications differ substantially from the qualifications required in France, which would not guarantee the safety of practitioners and third parties, he may be required to undergo an aptitude test or complete a training course.
The national must have the knowledge of the French language necessary for the exercise of his activity in France, in particular in order to guarantee the security of physical and sporting activities and his capacity to alert the emergency services.
For equivalence disputes there is a body called SOLVIT in each EU member state, probably something that will disappear post brexit in the UK.
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Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
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Sounds simple but it is a lot more complicated 
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Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
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You need to Login to know who's really who.
You need to Login to know who's really who.
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| Quote: |
So what if your diploma doesn't have a direct French equivalence? This is the case of snowboarding where it is seen as an annex of skiing - 5 days specific training in total to turn out a French snowboard instructor.
In France, qualifications in "specific environments" (that is, risky sports: skiing, snowboarding, climbing, canyoning ...) that are taken abroad are not automatically accepted. They must go through the evaluation of the Mountain Commission which assesses the level of requirement of the diploma presented. On the face of it this sounds like a great idea and is useful in some cases.
However, the Mountain Commission is not as serious and impartial as it should be, political pressure being more important than common sense. It considered that the Swiss snowboarding diploma did not meet the safety requirements and that there was a substantial difference in level with the French Alpine Skiing. In other words, for them, the Swiss snowboard diploma is less complete than the French snowboard diploma !
Thibault and Pat of the Slash snowboard school in Grenoble, having passed their diplomas in Switzerland, found that authorization to practice in France was refused by the Mountain Commission.
At this point, they had two options:
- Do the snowboard Eurotest, specially set up by the French State (to avoid getting slapped on the fingers by the EU), consisting of a giant timed slalom in snowboard. This slalom is supposed to assess the level of security of the candidates (what da hell?!). Not completely legal, it is organized so that there is the lowest success rate possible (between 5 and 10% success), but it remains the fastest solution to be able to teach.
- Attack the decision of the Mountain Commission at the administrative tribunal with the help of the lawyer Jean-Pierre Joseph and other monitors in the same case as them (Claude, Nathan, PH and others ...). Effective solution, but very slow (three years to obtain a verdict).
Thibault took the Eurotest (reluctantly), while Pat turned to the second option, in order to change things.
The absurdity of the situation ensured a victory for Pat and his friends in the administrative court.
Lyon Administrative Court:
The verdict was rather simple, it stipulated that the Mountain Commission had no argument to justify the substantial difference in level between the two diplomas (Swiss and French) and that there is no substantial difference in level. It also stipulated that the Eurotest implemented is " not suitable for judging the skills of a snowboard instructor, it is discriminatory since it favors alpine ski instructors ", and that it is unecessary because there are already enough technical and safety tests in the Swiss curriculum.
The prefect, as decision-maker, was ordered to pay € 1,000 per undelivered pro card, and to issue the latter as quickly as possible.
Grenoble Administrative Court:
Claude, from the Easy Riders school, was engaged in proceedings at the Grenoble court. But to escape the situation, the DDCS of Grenoble after three years of procedure issued Claude his professional card, a few days before the court hearing, thus canceling his complaint. Not very brave on their part ...
Despite this success, Thibault, Pat and many other instructors still lost 3 years of professional practice, due to the political pressure exerted on the DDCS and the lack of courage of the latter to apply the texts. They are thus considering a new procedure for damages.
The snowboard teaching situation in France has seen clear improvements in recent years, thanks to numerous initiatives implemented. Florence Bonnier, one of the pioneers in the recognition of snowboard diplomas in France has created France Snowboard . An organization which lists all the snowboard instructors on French territory.
https://www.fluofun.fr/news/20851-la-france-vers-un-vrai-monitorat-d.html
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Anyway, snowHeads is much more fun if you do.
Anyway, snowHeads is much more fun if you do.
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"For equivalence disputes there is a body called SOLVIT in each EU member state, probably something that will disappear post brexit in the UK."
completely useless body with zero legal power.. an advice only portal..
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