Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Finance and Industry, Minister of Equipment, Transportation, Land Use Planning, Tourism and the Sea, and the Minister of Public Service and the Reform of the State,
Law No. 83-634 of 13 July 1983 amending the rights and obligations of civil servants, together with the law N ° 84-16 of 11 January 1984 amended laying down statutory provisions relating to the public service of the State;
In light of Decree No. 70-903 of 2 October 1970 on the special status of the body of the senior technicians of the equipment, as amended by Decree No. 99-749 of 26 August 1999;
Having regard to Decree No. 85-986 of 16 September 1985 on the special regime of certain positions of State officials and certain arrangements for permanent termination of office;
Seen the Decree No. 86-83 of 17 January 1986 concerning general provisions Applicable to non-incumbent agents of the State taken for the purposes of Article 7 of Act No. 84-16 of 11 January 1984 laying down statutory provisions relating to the public service of the State;
Given Decree No. 88-399 of 21 April 1988 Bearing special status of the body of public works inspectors of the State, as amended by Decree No. 95-202 of 24 February 1995, by Decree No. 96-380 of 9 May 1996 and by Decree No 2003-361 of 11 April 2003;
In the light of Decree No. 94-741 of 30 August 1994 concerning assimilation for access to competitions in the public service of the State of the Diplomas awarded in other Member States of the European Community or parties to the Agreement on the European Economic Area, as amended by Decree No. 98-485 of 12 June 1998;
Having regard to Decree No. 94-874 of 7 October 1994 laying down the provisions Common to the trainees of the State and its public establishments, as amended by Decree No 2003-67 of 20 January 2003 and by Decree No 2003-1307 of 26 December 2003;
Having regard to Decree No 94-1016 of 18 November 1994 laying down the provisions Common statutory provisions applicable to various bodies of category B officials, as amended by the decree N ° 97-301 of 3 April 1997, by Decree No. 2001-1238 of 19 December 2001 and by Decree No 2003-527 of 18 June 2003;
Having regard to Decree No. 99-121 of 15 February 1999 laying down the exceptional conditions for the integration of non-incumbent agents of the Ministry of equipment, transport and accommodation in the bodies of category A officials;
In light of Decree No. 2000-788 of 24 August 2000 laying down the exceptional conditions for the integration of certain non-incumbent agents mentioned in Article 74 (1 °) of Act No. 84-16 of 11 January 1984 laying down statutory provisions relating to The public service of the State in the bodies of category A officials;
Having regard to Decree No. 2000-791 of 24 August 2000 laying down certain exceptional conditions for the integration of non-incumbent agents referred to in Article 74 (1) of the Law No. 84-16 of 11 January 1984 laying down statutory provisions relating to the public service of the State in bodies of officials of categories A, B and C;
Having regard to Decree No. 2002-1294 of 24 October 2002 laying down general provisions relating to The situation and the procedures for classifying nationals of the Member States of The European Community or another State Party to the Agreement on the European Economic Area appointed in a body of officials of the State or its public establishments;
In the opinion of the ministerial Joint Technical Committee of the Ministry of Equipment, transport, spatial planning, tourism and the sea as of 3 February 2005;
The Council of State (finance section) heard,
Describes:
Public works engineers in the state constitute an inter-ministerial body Classified in category A provided for in Article 29 of the aforementioned Law of 11 January 1984, the management of which shall be managed by the Minister responsible for the equipment.
The body of work engineers State public consists of two grades:
1 ° The grade of division engineer in the public works of the state with eight levels;
2 ° The grade of public works engineer in the state that has eleven steps.
The members of the body of public works engineers in the State are responsible for management, coaching, expertise, study, administration, research or Teaching in the scientific and technical fields,
, economic or social
Public works engineers in the state can be responsible for the direction of units or cells.
Divisional engineers in the state's public works can be responsible for the Direction of services or offices.
The members of the body of public works engineers of the State shall Functions at headquarters, in services with expertise National, in the decentralised services of the Ministry of the equipment or in the public institutions of the State which depend on it.
They may also perform their duties in the services of other ministries or in other institutions State public. In this case, joint decrees of the minister responsible for the equipment and the minister concerned shall determine the public administrations and establishments of the State in which the engineers of public works of the State are placed in position Shall be issued by order of the Minister responsible for the equipment, after the advice of the Minister or the director of the public institution concerned
Public works engineers in the state are appointed by order of the minister responsible for equipment and Recruited:
1 ° Of the students engineering public works of the State recruited under the conditions laid down in Article 6;
2 ° Among the winners of an external competition on titles recruited under the conditions laid down in Article 9;
3 ° Members of the corps of the senior technicians of the equipment governed by the decree of 2 October 1970 mentioned above and the controllers of public works of the State governed by the decree of 21 April 1988 above which satisfied the tests of the examination Professional mentioned in Article 10 and who have followed a training mentioned in the same article in the Conditions set out in Article 17;
4 ° Among the members of the corps of the senior technicians of the equipment which have been entered on a list of fitness established under the conditions laid down in Article 11.
State public works engineers are recruited:
1 ° By means of an external competition organised by channels open to candidates aged 30 or more as of 1 January of the year of the competition;
2 ° By way of an internal competition open to officials and non-rightsholders Of the three public functions and the members of the military who, on 1 January of the year of the competition, justify three years of public service. Recipients are subject to a probationary period.
The number of positions open per stream is fixed by order of the minister responsible for equipment. The programme and arrangements for the organisation of the external and internal competitions provided for in 1 ° and 2 ° shall be fixed by joint order of the minister responsible for equipment and the minister responsible for the public
. The admission of the engineering students of public works of the State to the State School of Public Works of the State is to be awarded to candidates from other sectors of the same competition
By order of the Minister responsible for the equipment.
I. -The conditions governing the organisation and operation of the State School of Public Works of the State shall be fixed by order of the Minister responsible for the
. -The duration of schooling at the State School of Public Works of the State is set at three years.
However, for the recipients of the closed competition mentioned in Article 6, this education is preceded by a probationary period during which They are taught for a period of fifteen months. The content and terms of this probationary period shall be determined by order of the Minister responsible for the
. -During the probationary period, the winners of the closed competition who have the status of civil servant are placed, where appropriate, on secondment and receive treatment equivalent to that of their rank.
IV. -At the end of the probationary period, the winners of the closed competition who have obtained satisfactory results are appointed, on the proposal of the director of the State School of Public Works of the State, students engineering the public works of the State of 1st year. The other winners of this competition are either reintegrated into their original body if they have the status of civil servant or dismissed.
V.-Those of the winners of the closed competition who are awarded a diploma for three years at the Less education after the baccalaureate in a scientific or technical field, or whose qualification has been recognized as equivalent under the conditions laid down by the minister in charge of the equipment and the minister responsible for the function Public, may, on the proposal of the Director of the National School of Public Works Of the State, be exempt from the probationary period or of this probationary period and from the first year of schooling at the State School of Public Works of the State.
The exemptions referred to in the preceding paragraph shall be granted by the Minister responsible for equipment.
Recipients who are exempt from the probationary period are appointed engineering students in the public works of the State of first year. Those who are exempt from the probationary period and the first year of schooling are appointed engineering pupils in the public works of the State of the second year.
The recruitment of engineering students from the public works of the State is subject, for each of them, to the undertaking to follow the full cycle of the education referred to in Article 7 and to serve, As an official of the State, in activity or on secondment, during A minimum of eight years from the date of appointment in the body of the public works engineers of the state
If the breach of one of the commitments occurs more than three months after the date of appointment in quality An engineer pupil, the persons concerned must, unless the breakdown is not attributable to them, reimburse the State for an amount equal to all the salaries and allowances received during their education and a fraction of the education costs incurred in respect of Their training.
The terms of this reimbursement shall be fixed by joint order of the Minister responsible for the equipment and the minister responsible for the budget.
The external competition on securities mentioned in 2 ° of Section 5 is organized by specialty. It is open, for each speciality, to candidates holding a degree classified at level I in the field corresponding to that speciality or a qualification recognised as equivalent under the conditions laid down by the Minister's joint order Responsible for the equipment and the minister responsible for the public service.
The list of specialties and the arrangements for organising the competition shall be fixed by joint order of the minister responsible for equipment and the minister responsible for the function Public. The order concerning the arrangements for the organisation of the competition may provide that it has an admission test, preceded by an admissibility on file.
To be authorised to run for the professional examination referred to in Article 5, the members of the body of the senior technicians of the equipment and the body of public works inspectors of the State Must be at least forty-five years of age as of 1 January The year of the examination and justify in that capacity, and on that same date, in the position of activity or secondment, at least eight years of effective public service of which at least six years in a service or public establishment of the State.
The arrangements for the organisation of the professional examination and training provided for in Article 5 shall be fixed by order of the minister responsible for equipment.
To be enrolled on the Proficiency list referred to in 4 ° of Article 5, the senior technicians of the equipment shall be at least forty-five years of age, have the rank of chief technical officer and shall have at least eight years of effective service in the capacity of Senior technician or senior technician in chief.
The aptitude list is drawn up by the minister responsible for equipment, after consulting the Joint Administrative Committee of the Public Works Engineers of the State.
I. -The number of jobs available for competitive recruitment is distributed as follows:
1 ° 70 % at least for the external competition provided for in the 1 ° of Article 6;
2 ° 10 % at least for the internal competition provided for in the 2 ° of Article 6;
3 ° 5 % at least and 15 % more for the external competition on securities provided for at 2 ° of the article 5.
An order of the Minister responsible for equipment sets the maximum number of places available for each competition each year, as well as the dates for the opening of events.
Non-filled positions in one of the three competitions can be carried forward On one or both of the other competitions, by decision of the Minister responsible for equipment. This deferral does not, however, have the effect of increasing the number of positions initially offered to candidates from the competition (s) receiving it by
than 50 per cent. -The number of posts offered for recruitment under the Professional Examination and the list of qualifications provided for in the 3 ° and 4 ° of Article 5 shall be equal to one third of the number of civil servants appointed in the Corps of Public Works Engineers of The state as a result of their success in one of the competitions mentioned in the I and the number of staff seconded to that body for a long period of time.
When the number of candidates received for professional examination is less than the number of Positions offered as such, the number of candidates on the aptitude list can be increased
An order from the Minister responsible for equipment determines the number of jobs available for recruitment under the professional examination and the fitness list.
Engineers of public works of the State admitted in the third year of study are appointed engineers of public works of the state trainees.
Pupils engineering the public works of the state and the public works engineers of the trainee state who are civil servants are placed in the position of detachment
Public works of the State mentioned in the preceding paragraph may choose, for the duration of their schooling at the State School of Public Works of the State, between the treatment to which they would be entitled in their own body or framework of employment of origin And student engineer's treatment. Those who previously had the status of non-incumbent may opt for the index treatment corresponding to their previous situation.
The provisions of the preceding paragraph, however, may not have the effect of ensuring that the If they were appointed in the rank of engineer of the public works of the State pursuant to Article 20.
The engineers of the public works of the State trainee shall receive a Treatment corresponding to the index related to the 1st step of the grade of engineer Public works of the State.
However, the public works engineers of the trainee State who had, prior to their appointment as an engineering student, the status of an official or non-incumbent are perceived during the period of the The remuneration corresponding to the application of Articles 20 to 24.
Engineering students of public works The State or engineers of the public works of the trainee State which Did not meet the requirements of the regulation of the State School of Public Works of the State and the engineers of the public works of the State trainees who did not obtain at the end of the third year of studies the diploma of engineer Of that school are either reinstated in their original body or frame of employment, if they had previously the status of civil servant, or dismissed.
However, on an exceptional basis, the students engineering the public works of the State and the Engineers of the public works of the trainee state may be authorised to Redouble, in the course of their education, a year of study.
The winners of the external competition on the 2 ° of Article 5 shall be appointed engineers of public works of the State trainee for a period of one year by order of the minister responsible for equipment. During their traineeship, they are required to undergo training provided by the State School of Public Works of the State.
The terms of this training shall be determined by the order of the minister responsible for the equipment
Authorised to carry out an additional traineeship with a maximum duration of one year.
Trainees who have not been granted tenure, if any, at the end of the traineeship, are either reintegrated into their original bodies or employment framework if they Had previously been a public servant, or dismissed.
The senior technicians of the equipment and controllers of public works of the state recruited through the examination Professional mentioned in Article 5 of Article 5 are subject to training, in which they receive an instruction from the State School of Public Works of the State. The details of such training shall be fixed by order of the Minister responsible for the equipment.
Those of them whose training has been validated shall be held in the rank of engineer of the public works of the State in accordance with the conditions laid down in the Article 21. The others are maintained in their original bodies
Subreserve The provisions of Articles 19 to 25, the engineers of public works of the State recruited by the National School of Public Works of the State and by way of the competition on securities provided for in the 2 ° of Article 5 shall be confirmed at the 1st step of the Their rank by order of the minister responsible for the equipment. The seniority acquired as an engineer of the public works of the trainee State shall be taken into account for the advancement of echelon within the one-year limit.
Public works engineers of the State who, prior to their recruitment, did not have the status of civil servant or the quality of public official, are appointed and classified at a level of the rank of engineer of the Public works of the State, determined on the basis of the average durations fixed to Article 28, taking into account half the duration of the periods of professional activities completed, after obtaining the diploma or title required to enter the competition in a function corresponding to the speciality of that diploma or Title in an engineering profession or occupation requiring at least the equivalent level of qualification. This bonus may not exceed five years. Periods completed as public official or public official shall not be taken into account.
Public works engineers of the State who, prior to their recruitment, had the status of public servant or public official, may choose between Taking into account the duration of periods of professional activity provided for in the preceding paragraph and taking into account the seniority acquired in respect of previous services pursuant to Articles 20 to 25.
Public Works Engineers Of the State which justified, before their recruitment, services performed in An administration, an organisation or an establishment of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area may choose to take account of the duration of periods of activity In accordance with the provisions of the decree of 24 October 2002 mentioned above.
Employees who were members of a class A body or line of employment Or equivalent level shall be established and classified at the level with an equal index or, failing that, immediately higher than that which they hold in their original grade on the date of their appointment as a public works engineer of The trainee State.
In the limit of the average length of service required under Article 28 for promotion to the next level, they retain the seniority acquired in their previous grade or class when the salary increase Following their appointment is less than that which would have resulted from a Progress in the former situation.
Staff members appointed when they have reached the last step of their previous grade or class retain their seniority in the conditions defined in the preceding paragraph when The increase in salary resulting from their appointment is less than that which resulted from their promotion at the terminal level.
I. -Officials who belonged to a category B or equivalent category of jobs are appointed and classified in the rank of engineer of public works of the State at a level determined on the basis of the average durations As set out in Article 29 for each step of step, taking into account their seniority in that category under the conditions laid down in the following paragraphs.
This seniority shall be equal to the length of the career necessary to access the grade and At the level that interested employees have reached on the date of their appointment As an engineer trainee, increased, if any, seniority in their original bodies or jobs acquired at that level.
Seniority is not retained for the first four years. Is taken into account for two-thirds for the fraction between four and ten years and three-quarters for the fraction exceeding 10 years.
II. -If the application of the provisions of the I is no more favourable to them, officials belonging to a body, a framework of employment or appointed in a job whose terminal gross index is at least equal to the gross index 638 are classified in the grade An engineer of the public works of the State at the level with equal or immediate treatment than that perceived in their former employment with the retention of seniority acquired at the level in the conditions defined in the second and Third paragraphs of Article 20.
Staff members who were members of a category C or D class or employment framework or equivalent are appointed and classified in grade Of an engineer of the public works of the State at a level determined by applying the procedure laid down in Article 21 to the fraction of seniority which would have been taken into account, pursuant to Article 3 of the aforementioned decree of 18 November 1994, for their Classification in one of the bodies governed by this Order.
When the application of Articles 21 and 22 has the effect of classifying interested employees at a level with an index Less than the one they had previously held, they retain, on a personal basis, the benefit of their previous index until the day they benefit in the body of public works engineers from the state of a less equal index.
I. -Non-incumbent agents shall be established and classified in the body of public works engineers of the State at a level which shall be determined on the basis of the average durations laid down in Article 28 for each step in step by taking into account A fraction of their service seniority under the following conditions:
1 ° Services performed in a category A job are retained for half of their duration up to twelve years, and three-quarters beyond twelve years;
2 ° Services performed in a job at the level of the Category B shall not be retained in respect of the first seven years; they shall be taken into account at the rate of six sixths for the fraction between seven years and sixteen years, and nine sixths for seniority acquired beyond Sixteen years;
3 ° Services performed in a category C or D level are retained as a result of six Sixths of their duration exceeding 10 years.
II. -Non-incumbent agents who have previously occupied jobs below the level they occupy at the time of their appointment may request that all their service seniority be taken into account in the conditions Set to the I for lower level jobs.
III. -The provisions of the I and II may 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 Collected in their former employment with, where applicable, retention of seniority in the conditions defined in the second and third paragraphs of Article 20.
The agents that had Previously the status of an officer of an international intergovernmental organization shall be classified in accordance with the rules laid down in Article 24 with the exception of that provided for in Article 24
Degree advances in the body of public works engineers of the State are made, by way of choice An annual progress table drawn up after the opinion of the Joint Administrative Committee of the Body. Rank and step advances are made by order of the minister responsible for the equipment.
Can be promoted As a divisional engineer of public works of the State the engineers of public works of the State who have attained for at least two years the 5th echelon of their grade and justifying, in the position of activity or secondment, six years of Services in this capacity, including four years in a service or establishment State of the State.
The services performed by the public works engineers of the State prior to their tenure shall be taken into account, pursuant to the aforementioned decrees of 15 February 1999 and 24 August 2000, within the two-year limit, for the Count of the length of service required in the first paragraph.
Appointments to the rank of divisional engineer of public works of the State shall be made in accordance with the following table of correspondence:
You can view the table in OJ
n ° 125, 31/05/2005 text number 95
The average duration and minimum duration of time spent at each level of the grades of division engineer and public works engineer of the State shall be fixed as follows:
You can view the table in OJ
n ° 125, 31/05/2005 text number 95
Can be detached into the body of public works engineers of the State officials Belonging to a corps or framework of employment in Category A or equivalent level and performing technical duties.
The detachment is pronounced at a grade and level equivalent with equal treatment or, failing that, immediately Greater than the person in his or her original rank.
The On posted staff shall retain, within the period of service required for access to the upper echelon of his new grade, seniority acquired in his previous rank when the secondment gives him an advantage which is less than that Which would have resulted from a graduation in his or her original rank, or which resulted from his promotion to the graduation level if that step was the highest of his previous employment.
Staff seconded to the Corps of Work Engineers Public of the State shall contribute to the advancement of rank and level with the Holders of this body.
Employees placed in a posting position for at least five years in the body of the Engineers of public works of the State may, on their request and after the opinion of the Joint Administrative Committee of the State, be integrated into them.
Integrated officials are appointed to the rank and level they occupy in the position of Detachment with retention of seniority acquired in the echelon.
Services performed in the original body or framework are assimilated to services performed in the integration body
State public works engineers are reclassified as public works engineers of the State in accordance with To the following match table:
You can view the table in OJ
n ° 125, 31/05/2005 text number 95
Divisional engineers in the public works of the State shall be reclassified in the new grade as a divisional engineer in accordance with the following table of correspondence:
You can view the table in OJ
n ° 125, 31/05/2005 text number 95
Articles 31 and 32 may not lead to the reclassification of the persons concerned at a level lower than that in which they would have been classified if their promotion by change of rank had occurred only on the date of entry into force of the present Order.
Engineering students appointed before the publication of this Decree continue to attend the State School of State Public Works.
If they have not started their traineeship, the winners of the external competition on securities organised before the publication of this Decree And engineering students admitted in the third year before the same date Are appointed engineers of the public works of the trainee state. Those who have started their traineeship on the date of publication of this Decree shall continue their traineeship under the conditions laid down by this Decree.
Public works engineers in the state who have been recruited by the professional examination or the checklist provided for in 2 ° of the I of Article 6 of Decree n ° 71-345 of 5 May 1971 on the special status of the body Engineers of the public works of the State, in the six years preceding the date of the Publication of this Decree, may request, within a period of six months from that date, to be reclassified as an engineer of the public works of the State under the same conditions as if they had been promoted on that date and Reclassified in accordance with the provisions of Article 21.
Until the installation of the Administrative Commission Of the body created by this Decree, for which the election of Representatives of staff will intervene within one year from the date of publication of this Decree, his powers shall be exercised by the Joint Administrative Committee responsible for the body of public works engineers Of the State (service of the equipment).
Decree n ° 71-345 of 5 May 1971 on the special status of the body Engineers of public works of the state (service of equipment) is Repealed.
The Minister of Economy, Finance and Industry, the Minister of Equipment, Transportation, The Minister for Public Service and Reform of the State and the Minister for the Budget and Budget Reform, a spokesman for the Government, shall be responsible for the development of the territory, tourism and the sea. The execution of this Decree, which shall be published in the Official Journal of the French Republic
Done at Paris, May 30, 2005.
Jean-Pierre Raffarin
By the Prime Minister:
The Minister of Equipment, Transport,
Spatial Planning,
for Tourism and the Sea,
Gilles de Robien
The Minister of the Economy,
Finance and Industry,
Thierry Breton
Minister of the Public Service
and state reform,
Renaud Dutreil
The minister delegated to the
budget and budget reform,
spokesman for the Government,
Jean-François Copé
