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Decree No. 2002-262 Of 22 February 2002 Concerning The Special Status Of The Body Of Public Health Inspectors, Veterinary

Original Language Title: Décret n° 2002-262 du 22 février 2002 relatif au statut particulier du corps des inspecteurs de la santé publique vétérinaire

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Summary

Amendment to the table annexed to Decree No. 48-1108 of 10 July 1948 as amended. Repeal of Decree No. 62-1439 of 26 November 1962 as amended.

Keywords

AGRICULTURE , PUBLIC FUNCTION OF THE STATE , EMPLOYEE , VETERINARIAN , INSPECTOR VETERINARIAN , INSPECTOR OF PUBLIC HEALTH PROFESSIONAL , ISPV , CHIEF INSPECTOR OF PUBLIC HEALTH OFFICER , INSPECTOR GENERAL OF PUBLIC HEALTH PROFESSIONAL , SPECIAL STATUS , INTERNAL PROMOTION , PROGRESS , PROCESSING , REMUNERATION , INDEX , INDICIAL ECHELING , CAREER IMPROVEMENTS

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JORF No. 0048 of 26 February 2002 Page 3611
Text No. 39



Decree No. 2002-262 of 22 February 2002 on the special status of the body of veterinary public health inspectors

NOR: AGRA0200227D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/2/22/AGRA0200227D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2002/2/22/2002-262/jo/texte


The Prime Minister,
On the report of the Minister of Agriculture and Fisheries, the Minister of Economy, Finance, and Industry Minister of Public Service and State Reform,
Given the Civil and Military Pension Code;
Due to the Rural Code;
Due to the National Service Code;
Due to Act No. 83-634 dated July 13, 1983, as amended Civil servants' rights and obligations, together with the amended Act No. 84-16 of 11 January 1984 laying down statutory provisions relating to the public service of the State;
Having regard to Decree No. 62-1439 of 26 November 1962 relating to the Staff Regulations The body of veterinary inspectors, in particular Articles 8, 8 bis and 9b;
Having regard to the opinion of the Joint Technical Committee of 18 October 2001;
In view of the opinion of the Higher Council of the Public Service of the State Date of 25 October 2001;
The Council of State (finance section) heard,
Describes:

  • Chapter I: General Provisions Article 1


    Veterinary public health inspectors form a An inter-ministerial body classified in category A provided for in Article 29 of the Act of 11 January 1984 referred to and under the responsibility of the Minister responsible for agriculture
    Leadership, control and expertise, including in international organizations. They shall participate under the authority of the competent ministers in these matters, in the design, development and implementation of public policies relating to veterinary public health within the meaning of the Rural Code, the management and preservation of Natural environments and wildlife, food and agro-industry and economic development in the territories, as well as public policies related to research, education, training and development in these areas Domains.

    Article 2


    Veterinary public health inspectors with a diploma, certificate or title The exercise in France of veterinary activities shall bear the title of veterinary inspector.
    They shall have the sole right to exercise the powers attaching to the title resulting from the provisions of Articles L. 243-1 and L. 243-2 of the Rural code, as well as articles L. 231-1, L. 231-2 and L. 231-5 of the same code and texts taken for their application.

    Article 3


    The body of veterinary public health inspectors has three grades:
    1 ° The grade of the Inspector General of Veterinary Public Health, which includes an exceptional class with a single step and a normal class With two levels;
    2 ° The rank of the Chief Veterinary Officer of Veterinary Public Health, which comprises seven levels;
    3 ° The rank of veterinary public health inspector, which consists of ten echelons.

    Article 4


    I. -The assignment of veterinary public health inspectors to the services of the Minister responsible for agriculture and in the Public institutions under its supervision shall be pronounced by order of the Minister responsible for
    . -The assignment of veterinary public health inspectors to authorities other than those of the Minister responsible for agriculture shall be made by joint order of that Minister and of the Minister or Ministers
    . -Joint orders of the Minister for Agriculture and of the responsible minister (s) determine administrative institutions other than those mentioned in the I in which the veterinary public health inspectors Are in normal activity position.
    IV. -The assignment of veterinary public health inspectors to public administrative establishments referred to in III shall be made by order of the Minister responsible for agriculture

  • Chapter II: Recruitment Section 5


    Veterinary public health inspectors are appointed by order of the President of the Republic
    Are recruited:
    I.-1 ° For 54 %, among the veterinary public health inspectors who have followed the full teaching cycle provided for in the last paragraph of Article 7 below;
    2 ° For 34 %, by means of two competitions, External and internal, under the conditions laid down in Article 8 below;
    3 ° For 12 %, among officials of the bodies of engineers of the works of waters and forests, of rural works engineers and of agricultural works engineers who have Satisfies a professional examination or has been placed on an aptitude list established under the conditions laid down in Article 6 below;
    Where the number of candidates admitted under the 3 ° of this Article is less than the number Of the jobs reserved for them, for the jobs remaining to be filled, the recruitment procedures laid down at 1 ° and 2 °, with due regard for the proportions indicated.
    II. -They may also be recruited, within the limit of 5 % of the total number of posts to be filled, by means of an external competition on securities open to candidates with a doctorate of state, a doctorate in third cycle, a doctor's degree An engineer appearing on a list fixed by order of the Minister responsible for agriculture or of one of the diplomas or diplomas deemed equivalent to the above-mentioned diplomas by a committee whose composition is fixed by the joint decree of the ministers responsible for the Agriculture and the Public Service. This committee includes, in particular, a representative of the Minister responsible for agriculture, President, and a representative of the Minister responsible for higher education.
    The number of jobs opened under II has been offset by the number of jobs Set pursuant to 1 ° of the I of this Article.

    Article 6


    I. -Can present itself to the professional examination provided for at 3 ° Article 5 above the civil servants of the engineers referred to in those provisions, forty-five years of age not more than 1 January of the year in respect of which the professional examination is organised and justifying at that time of seven years Effective services in one or more of these bodies.
    No candidate can run more than three times under examination.
    II. -May be entered on the aptitude list provided for in Article 5, above, the officials of the bodies of engineers referred to in those provisions of forty-five years or more at least as of 1 January of the year in respect of which the list The proportion of jobs to be filled under the professional examination may not be less than 75 % of the total number of employees
    The proportion of jobs to be filled under the professional examination cannot be less than 75 % of the total number of Posts to be filled under this Article. This proportion is assessed either in the year under review or, where the one-year result would not allow for recruitment, on average this year and the two previous years.

    Article 7


    The number of jobs of veterinary public health inspector to be filled is fixed each year by joint order of ministers responsible for Agriculture and the public service, within the framework and the limits of the provisions laid down in the framework 5.
    Their recruitment takes place exclusively:
    1 ° 85 % by way of a competition open to pupils admitted in the last year of the second year Education cycle of national veterinary schools;
    2 ° 15 % by means of one or more competitions open to pupils admitted in the last year of schooling of other major scientific schools whose list is fixed by order The ministers responsible for agriculture and the public service.
    The appointment of an inspector as a pupil of the veterinary public health of the winners of the competitions referred to in the 1 and 2 ° above is subject, for the pupils of the National veterinary schools, obtaining the diploma of basic veterinary studies and, for pupils in other schools, obtaining the diploma attesting to the third year of schooling of these schools
    Of candidates admitted under one of these two categories, it may be provided to places which have remained vacant by appeal to candidates of the other category.
    The terms and conditions of admission are fixed, for each competition, by order Joint Ministers Responsible for Agriculture and the Public Service.
    Veterinary public health inspectors are appointed by order of the Minister responsible for agriculture.
    They receive instruction from the School National veterinary services. They participate in the education and research that can be entrusted to them.

    Article 8


    I. -The External competition provided for in 2 ° of the I of Article 5, above, is open, for 75 % of the total number of places offered in the two competitions mentioned in those provisions, to the holders of a diploma, certificate or title allowing the exercise in France of the Veterinary activities, aged forty-five years to January 1 of the year of the competition.
    II. -The closed competition provided for in 2 ° of the I of Article 5 above shall be open, for 25 % of the total number of places offered in the two competitions mentioned in those provisions, to officials and public officials of the State, local and regional authorities and Public institutions which depend on them, the military and the candidates in office in an international intergovernmental organization, which possess a diploma, certificate or title allowing the exercise in France of the activities of
    The incumbent agents are responsible for the first of January of the year of the four-year public service competition. Non-incumbent public officials must account for five years of full-time equivalent public services in the ten years before January 1 of the competition year.

    Article 9


    The general rules for the organisation of competitions and professional examination provided for in Articles 5 and 6, as well as the nature and programme of the tests shall be fixed by joint order Ministers responsible for agriculture and the public service.
    The Minister responsible for agriculture decides on the organization of each competition and professional examination and appoints panel members.

    Article 10


    The duration of the actual national service achieved or the actual service time of the civilian voluntary service provided for in article L. 122-16 of the code of service Shall, where appropriate, be deducted from the duration of the services required by Article 6 and II of Article 8, above.

    Article 11


    The appointment as a veterinary public health inspector or, for staff recruited through competitions under 2 ° of I and II of Article 5 of the veterinary public health inspector trainee, Shall be subject to the signature of a declaration by which the person concerned undertakes to remain in the service of the State, a territorial community or a public institution which depends on it for at least eight years from the date of its establishment in the Body of veterinary public health inspectors.
    If this undertaking is terminated more than three months after the appointment as a student inspector or trainee veterinary public health inspector through resignation, fact or fault Of the person concerned, the latter shall be required to repay to the Consolidated Revenue Fund an amount equal to all the salaries and allowances received during the course of the education or for the trainee inspectors, during the part of their traineeship, as well as a Portion of education costs incurred. The repayment and calculation of this amount shall be fixed by a joint decree of the Ministers responsible for agriculture and the budget.

    Article 12


    Veterinary public health inspectors recruited by means of competitions provided for in 2 ° of I and II of Article 5 above shall be appointed trainees by order of the Minister responsible for agriculture and shall carry out a One year internship. The terms of this traineeship, which may be completed in whole or in part at the National School of Veterinary Services, shall be fixed by order of the Minister responsible for agriculture
    For the duration of the traineeship, the pay at the start level of the grade determined in accordance with the provisions of Article 13 below.
    At the end of their traineeship, those whose services have given satisfaction are granted tenure. Otherwise, they may be authorised to carry out an additional traineeship with a maximum duration of one year. Trainees who have not been authorised to carry out an additional traineeship or whose additional traineeship has not been satisfied, are either dismissed if they did not have the prior status of a staff member or reinstated in their bodies, Employment or employment of origin.
    The duration of the traineeship is taken into account, within the one-year limit, for the advancement of echelon.

    Article 13


    I. -Veterinary public health inspectors shall be appointed at the first step of the grade of inspector subject to the following provisions:
    II. -In order to take account of their education and subject to the provisions of III and IV below, the inspectors of veterinary public health shall be appointed directly to the 2nd step of the grade of veterinary public health inspector with A six-month job tenure;
    III. -Veterinary public health inspectors who, prior to their appointment as inspector-pupil, trainee inspector or inspector, had the status of civil servant, are classified on the date of tenure at a level of the A veterinary public health inspector with an equal index or, failing that, immediately above the level in which they were employed in their original employment or in a functional job at a level equivalent to that The Head of Mission of the Ministry of Agriculture. Within the limit of the average durations provided for in Article 17 for a level promotion, they shall retain the seniority acquired in their former situation where the increase resulting from their appointment is less than that which they would have had Provided a step forward in their old situation. Those who had reached the highest level of their previous rank, class or employment retain their seniority in the same conditions and limits where the increase in salary resulting from their appointment is less than that Resulting from a promotion at the latter level. Those who, in their previous rank, class or employment, held an index of treatment higher than the terminal index of the rank of inspector, receive compensation in accordance with the conditions laid down in Decree No. 47-1457 of 4 August 1947. ;
    IV. -Veterinary public health inspectors who, prior to their appointment as a student inspector or trainee inspector, have the status of non-incumbent, are classified as public health inspectors By taking into account, on the basis of the average durations laid down in Article 17 for each step-up, the services performed in a job at the level of category A at the rate of half their duration up to twelve years and of the three Fourths beyond twelve years. Such provisions shall not have the effect of placing the persons concerned in a more favourable position than that which would result from a classification at a level of equal treatment or, failing that, immediately above that perceived in the former Employment with retention of seniority in accordance with the conditions laid down in III of this Article;
    V. Veterinary public health inspectors recruited by means of the external competition under the headings provided for in Article 5 shall be Classified in the grade of veterinary public health inspector taking into account, on the basis of the average durations laid down in Article 17 for each step-up, half the duration of the professional activities completed after Obtaining the diploma or title required to compete and in a position corresponding to the specialty of that degree or title, within the five-year limit.
    Where the persons concerned can also claim the benefit of the The provisions of the preceding paragraph shall apply to them only if they are more favourable to them.
    The provisions of the preceding paragraph and those provided for in III and IV above shall not Rollup

  • Chapter III: Progress Article 14


    Grade, class, and graduation promotions in the The body of veterinary public health inspectors shall be given by order of the Minister responsible for agriculture, except for appointments to the rank of inspector general who are pronounced by decree.

    Article 15


    It is only possible to be appointed to the rank of Chief Veterinary Officer of Veterinary Public Health by way of registration on an annual progress table. Veterinary public health inspectors who have attained the sixth grade of their grade for one year and justify at least six years of service in their rank from their substantive level. They must have performed as an official of the State at least four years in the position of activity or secondment to a State public service or institution.
    Appointments to the rank of Chief Public Health Officer Veterinarian are pronconced according to the following table of correspondence:


    You can consult the table in OJ
    No. 48, 26/02/2002, page 3611 to 3615


    Article 16


    Can only be appointed to the rank of Inspector General of Veterinary Public Health of normal class of choice, by way of registration on a Annual promotion table, with the Chief Veterinary Officer of the veterinary public having attained grade 4 of their rank for one year and having at least twelve years of service in the body, of which at least five years, at least, in the rank of inspector in Head of the Veterinary Public Health or as Head of Head Office.
    Appointments to the normal class of the rank of Inspector General of Veterinary Public Health shall be made according to the following table of correspondence :


    You can view the table in OJ
    No. 48, 26/02/2002 page 3611 to 3615



    Can only be promoted to the exceptional class of their grade, by way of registration on An annual promotion table, the general veterinary public health inspectors with at least two years' seniority at the 2nd level of the normal class and occupying or having held positions as head of deconcentrated services, directors Veterinary services, director, chief of service or sub-director of central administration, or equivalent jobs whose list is fixed by order of the minister responsible for agriculture.

    Article 17


    The average duration and minimum length of time spent at each grade level is set as follows:


    You Can view the table in OJ
    N ° 48, 26/02/2002 page 3611 to 3615



  • Chapter IV: Secondment Article 18


    Can be placed in position of detachment in the body of veterinary public health inspectors of officials belonging to a body of equivalent level and having a Experience or technicality sought for the body of veterinary public health inspectors.
    The detachment is pronounced at the grade level and at the level with equal treatment or, failing that, immediately above that The
    officials may, on their request, after two years of service in that position, be integrated into the body. This integration is done at the rank and level they occupy in the secondment position with the retention of the seniority acquired at the level. The actual services previously performed by the persons concerned in the bodies referred to in the first subparagraph of this Article shall be treated as actual services performed in the body of the veterinary public health inspectors.

  • Chapter V: Transitional Provisions Article 19


    The provisions of Articles 5 and 7 of this Decree shall enter
    accordance with the provisions of Articles 8 and 8 bis of the Decree of 26 November 2003, recruitments of inspectors and student inspectors of veterinary public health carried out in respect of the year 2002 1962 referred to above, subject to the provisions of Article 20 of this Decree.

    Article 20


    For a transitional period of Five years from the date of publication of this Decree, the following provisions shall apply:
    I.-Notwithstanding the provisions of Article 8 of the Decree of 26 November 1962 referred to above, and for recruitment effected under In 2002, the proportions referred to in a and b of 2 ° of this Article shall be defined by the Minister responsible for agriculture, without the proportion of posts offered in the internal competition provided for in b may exceed three-fourths of the posts Two competitions;
    II. -By way of derogation from the provisions of Article 8 of this Decree and from 1 January 2003, the proportions referred to in I and II of this Article shall be defined annually by the Minister responsible for agriculture, without the proportion of the Positions offered in the internal competition provided for in II may exceed three-quarters of the positions in these two competitions;
    III. -The closed competitions scheduled for the year 2002 under Article 8 of the Decree of 26 November 1962, and for the other years under Article 8 of this Decree, are open only:
    -to officials of the Ministry Responsible for agriculture and its public institutions under the supervision of 1 January of the year of the competition four years of public services;
    -to non-holders of the same ministry and its public institutions under guardianship On 1 January of the year of the competition for a duration of services in the duties of a veterinary inspector corresponding to five years of full-time equivalent in the ten years preceding the 1st January of the year of the Competition.
    Interested parties must have a diploma, certificate or title permitting the exercise in France of veterinary activities.

    Article 21


    The veterinary inspectors governed by the aforementioned Decree of 26 November 1962 are integrated, on the date of publication of this Decree, into the new body of the veterinary public health inspectors established by the present Order.
    This integration is pronounced in the following match table conditions:


    You can view the table in OJ
    No 48, 26/02/2002 page 3611 to 3615


    Article 22


    Services performed in the ranks of veterinary inspector, veterinary inspector Chief and chief veterinary officer of veterinary services shall be treated as services performed in the ranks of the veterinary public health inspector, the chief inspector of veterinary public health and the inspector general of veterinary services. The veterinary public health created by this Decree.

    Article 23


    Veterinary inspectors and veterinarians Trainee inspectors of the recruitment examinations for the corps of veterinary inspectors open before the publication of this Decree shall continue their education or course in the body of the inspectors of the veterinary public health governed By this Decree.
    They are confirmed in the body of veterinary public health inspectors and classified under the conditions laid down in Article 13, above.
    They may, however, request to be classified under the conditions In accordance with Article 9b of the decree of 26 November 1962, if they are more favourable to them.

    Article 24


    Staff representatives to the Joint Administrative Committee of the Inspection Veterinarians shall be held in office and shall meet in joint training until the appointment of the members of the Joint Administrative Committee New body, which will take place within one year of the publication of this Decree.
    For this purpose, representatives of the normal class and of the main class of the grade of veterinary inspector shall exercise the powers of the Representatives of the new grade of veterinary public health inspector, the representatives of the grade of veterinary inspector exercise the powers of the representatives of the new grade of veterinary public health chief inspector And representatives of the rank of the General Controller of Veterinary Services shall exercise the powers of the representatives of the normal class of the new grade of inspector general of veterinary public health.

    Article 25


    The reclassification in the first grade of veterinary public health inspectors of veterinary inspectors appointed in the veterinary corps Inspectors, pursuant to the provisions of Article 8 of the Decree of 26 November 1962 referred to above, may not have the effect of placing them in a situation less favourable than that which would have been the case if they had benefited, at the time of their Appointment, of the conditions of classification provided for in Article 13 above.

    Article 26


    Subject to the provisions of Article 2 Of this Decree, the powers conferred by the laws and regulations for veterinary inspectors shall be exercised by the members of the body governed by this Decree.

    Article 27


    For the application of the provisions of Article L. 16 of the Civil and Military Pension Code, the assimilations foreseen to fix the new processing indices Referred to in Article L. 15 of the said Code shall be determined in accordance with the following table:


    You can consult the table in OJ
    No 48, 26/02/2002 page 3611 to 3615


    Article 28


    Decree No. 62-1439 of 26 November 1962 on the special status of the body of veterinary inspectors is repealed. With the exception of Articles 8 and 8a which are held in force until 31 December 2002 for the application of Articles 19 and 20 of this Decree, and Article 9b as it relates to the reclassification provided for in Article 23 of the present Order in Council.

    Article 29


    The Minister of Economy, Finance and Industry, the Minister of Agriculture and Fisheries, Minister for Spatial Planning and the Environment, the Minister for Public Service and State Reform and the Secretary of State for the Budget shall each have responsibility for the implementation of this Decree, each of which shall be published In the Official Journal of the French Republic


Done at Paris, February 22, 2002.


Lionel Jospin


By the Prime Minister:


The Minister of Agriculture and Fishing,

Jean Glavany

Minister of Economy,

Finance and Industry,

Laurent Fabius

Minister of Spatial Planning

and the Environment,

Yves Cochet

Le Minister of Public Service

and state reform,

Michel Sapin

Budget Secretary,

Florence Parly


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