The duties mentioned in the first paragraph of article L. 212-1 may be performed on national territory by nationals of Member States of the European Union or States party to the Agreement on the European Economic Area, who are qualified to perform them in one of these States.
These duties may also be performed, on a temporary and occasional basis, by any national legally established in a Member State of the European Union or in a State party to the Agreement on the European Economic Area. However, where the activity concerned or the training leading to it is not regulated in the State of establishment, the service provider must have practised it, in one or more Member States of the European Union or parties to the Agreement on the European Economic Area, on a full-time basis for at least one year or on a part-time basis for an equivalent total period, during the ten years preceding the provision of the service.
A Conseil d’Etat decree sets out the conditions for the application of this article and in particular the conditions to which this practice is subject when there is a substantial difference in level between the qualification of which the persons concerned avail themselves and that required pursuant to I of article L. 212-1.
In particular, this decree specifies the list of activities whose supervision, even on an occasional basis, may be subject, if the safety of people so requires given the specific environment and conditions in which they are practised, to prior checking of the technical aptitude of applicants and their knowledge of the natural environment, safety rules and rescue systems.
This decree also specifies the conditions and procedures for partial access to the profession of sports instructor.