For the activities mentioned in 1° and 2° of article R. 212-91 and for the activity of mid-mountain guide, the Prefect or the Minister responsible for sport grants, on a case-by-case basis, access to some of the activities mentioned in article L. 212-1, in accordance with the conditions set out in article R. 212-92, when all of the following requirements are met:
1° The declarant is fully qualified to practise, in the Member State of establishment, the professional activity for which partial access is sought;
2° The differences between the professional activity legally practised in the Member State of establishment and the regulated profession on national territory are such that the application of compensatory measures would be tantamount to requiring the declarant to undergo the full course of training required to gain full access to this profession;
3° The professional activity can objectively be separated from other activities relating to the regulated profession.
Compliance with the requirement referred to in 3° shall be assessed with regard to whether the activity is independent or not in the home Member State.
Where partial access is granted, the activity is pursued under the professional title of the home Member State and the recipients of the services are clearly informed by the professional of the scope of his professional activity.
In the event that 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 partial access is likely to be detrimental to the safety of participants and third parties, he may refuse to grant it. The decision to refuse must be proportionate to the objective pursued.