Key Benefits:
Prime Minister,
On the report of the Minister of the Interior, Overseas and Territorial authorities,
In view of Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications;
Given the general code of territorial authorities, in particular its Articles L. 1424-1 and L. 1424-2;
In view of the code of defence, in particular Articles L. 4138-8 and L. 4138-9;
In view of Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, in particular Article 13a thereof, Amended Act No. 84-53 of January 26, 1984, as amended Statutory provisions relating to the territorial civil service;
In light of Law No. 84-594 of 12 July 1984 as amended on the training of territorial civil servants;
In light of Decree No. 90-850 of 25 September 1990, as amended Provisions common to all professional firefighters;
In light of the amended Decree No. 90-851 of 25 September 1990 on the special status of the employment framework of non-commissioned professional firefighters;
Given the Decree No. 2001-681 of 30 July 2001 on the special status of the employment framework of the majors and Professional firefighters;
In light of Decree No. 2001-682 of 30 July 2001 on the special status of the employment framework of the captains, commanders, lieutenant-colonels and colonels of professional firefighters;
Seen Decree n ° 2003-672 of 22 July 2003 on the secondment of officials from a Member State of the European Community or another State Party to the agreement on the European Economic Area other than France in the civil service Territorial and amending Decree No. 86-68 of 13 January 1986 concerning Positions of secondment, non-executive, availability, parental leave and parental presence of territorial officials;
Having regard to Decree No 2003-673 of 22 July 2003 laying down general provisions on the situation and the Arrangements for the classification of nationals of the Member States of the European Community or of another State Party to the agreement on the European Economic Area appointed in a framework of employment of the territorial civil service;
Given the decree n ° 2007-196 of 13 February 2007 on the equivalence of diplomas required to present Competitions for access to public service bodies and jobs;
Given the opinion of the National Fire and Rescue Services Conference as of April 11, 2007;
In the opinion of the Public Service Board of Governors Territorial as of April 11, 2007;
The Conseil d' Etat (section of the interior) heard,
Décrète:
Article 4 of Article 4 of Decree No 90-851 of 25 September 1990 is thus replaced by the following provisions:
" 1 ° A competition on tests open to candidates holding a degree or diploma classified at least level V or a qualification recognised as equivalent to one of those diplomas or diplomas under the conditions laid down in the provisions of the Chapter II of Decree No. 2007-196 of 13 February 2007 on the equivalence of diplomas required to run in competitions for access to civil service bodies and posts; "
In Article 5 of the Decree, a paragraph is added as follows:
" This order sets out the conditions under which, in the case of the competition on tests provided for in Article 4, they may take into account the acquis of the professional experience of the candidates in relation to the functions to which they are Destine the contest. "
In Article 7 of the Decree, a paragraph has been added as follows:
" A committee established under the conditions laid down by the order of the Minister of the Interior shall examine the content of the qualifications acquired by the agents before their appointment in this framework of employment and issue an opinion on partial exemptions or Total of the initial training provided above. "
After Chapter IV of the same Decree, a Chapter IV bis, entitled" Secondment ", with items 18-1 to 18-5:
" Art. 18-1. -may be seconded to this framework of employment, provided that they perform functions of the same nature as those defined in Article 2:
" 1 ° Officials and members belonging to a corps, employment framework or category C or equivalent employment;
" 2 ° Nationals of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area in the Member State or States
. They may perform the duties and jobs corresponding to the degree of posting only after the initial training provided for in Article 7 and, where appropriate, have acquired the units of value referred to in Articles 11, 15 and 16.
" However, in the light of their qualifications, they may be exempted from all or part of the training corresponding to the qualifications already acquired
A committee established under the conditions laid down by the Minister of the Interior shall examine the content of the qualifications acquired by the officers prior to their appointment in this framework of employment and shall deliver an opinion on the total exemptions or Part of the initial training provided for in Article 7, and on the granting of equivalences to the units of value referred to in Articles 11, 15 and 16
The secondment shall be subject to the conditions of grade, step and seniority provided for in Articles 18-2 and 18-3.
" Art. 18-2. -The officers mentioned in Article 18-1 may be seconded to this framework of jobs at the rank of Sapper, Cpl., Sergeant or Warrant Officer if the gross terminal index of their original rank or employment is at least equal to the index Relating to the last step, respectively, of the rank of sappers, corporal, sergeant or warrant officer.
" The secondment shall take place at the level of the rank with an equal or, failing that, immediately above that of the member, the official or the officer in his or her rank or employment of origin. The member or staff member shall, on that occasion, within the limit of the maximum period of service required for access to the upper echelon of his new grade, shall retain the seniority acquired in his previous rank, where the secondment does not Does not provide a greater advantage than would have resulted from advancement in his or her body, employment or employment of origin.
" Article 18-3. -The agents mentioned in 2 ° of Article 18-1 shall be seconded under the conditions laid down in Decrees No 2003-672 and n ° 2003-673 of 22 July 2003 to determine the conditions for reception of officials from a Member State of the European Community or another State Party to the agreement on the European Economic Area other than France in the territorial civil
. Article 18-4. -The officers referred to in Article 18-1 seconded in this framework shall contribute to the advancement of grade and graduation with all the territorial officials of this framework of employment if they justify in their bodies, the framework of employment Or employment of a duration of service at least equivalent to that required of territorial officials in order to attain the rank and level assigned to them in their secondment employment.
" For the purposes of this provision, the duration of services performed in the secondment position shall be taken into account cumulatively with:
" 1 ° For the agents mentioned in Article 18-1, that of services performed in the body, employment or employment of origin;
" 2 ° For the agents mentioned in 2 ° of Article 18-1, that of comparable services performed in the original job (s) taken into account for their classification in the framework of jobs.
" Article 18-5. -Officers seconded to this framework of employment may, on their application, be integrated into them when they have been seconded to them for at least two years and subject to the conditions of training provided for by the Minister of The inside.
" Integration shall be pronounced by the territorial authority vested with the power of appointment in the rank, step, and with seniority in the level held in the secondment employment on the day it occurs.
" When integrated, such officers shall be deemed to hold in the course of employment the seniority required to attain the level at which they have been classified.
Article 7 of Decree No. 2001-681 of 30 July 2001 is thus amended:
1 ° 1 ° is replaced by the following:
" 1 ° To an external competition on tests open to candidates holding a licence, or of another diploma or diploma classified at least to the level II or a qualification recognised as equivalent to one of those diplomas or diplomas under the conditions laid down By Chapter II of Decree No 2007-196 of 13 February 2007 on the equivalence of diplomas required to run in competitions for access to civil service bodies and jobs; '
2 ° This paragraph is added as follows:'
' This order determines the conditions under which, in the case of the competition on tests provided for in 1 °, tests may take into account the acquis of the professional experience of the candidates in relation to the duties and jobs to which the tests are intended The competition. "
In Article 10 of the Decree, a paragraph has been added as follows:
" A committee established under the conditions laid down by the order of the Minister of the Interior shall examine the content of the qualifications acquired by the agents before their appointment in this framework of employment and issue an opinion on partial exemptions or Total of the initial training provided above. "
After Chapter V of the same decree, a Chapter V bis, entitled" Secondment ", with items 23-1 to 23-5:
" Art. 23-1. -may be seconded to this framework of employment, provided that they perform functions of the same nature as those defined in Article 2:
" 1 ° Officials and members belonging to a corps, employment framework or category B or equivalent employment;
" 2 ° Nationals of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area in the Member State or States
. They may not perform the duties and jobs corresponding to the degree of posting until after the training provided for in Articles 8 or 10.
" However, in the light of their qualifications, they may be exempted from all or part of the training corresponding to the qualifications already acquired
A committee established under the conditions laid down by the Minister of the Interior shall examine the content of the qualifications acquired by the officers prior to their appointment in this framework of employment and shall deliver an opinion on the total exemptions or Partial training provided for in Articles 8 and 10.
" The secondment shall be subject to the conditions of grade, step and seniority provided for in Articles 23-2 and 23-3.
" Art. 23-2. -The officers mentioned in Article 23-1 may be seconded to this framework of posts at the rank of major or lieutenant if the gross terminal index of their original grade or employment is at least equal to the index relating to the last step, Respectively, of the rank of major or lieutenant.
" The secondment shall take place at the level of the rank with an equal or, failing that, immediately above that of the member, the official or the officer in his or her rank or employment of origin. The member or staff member shall, on that occasion, within the limit of the maximum period of service required for access to the upper echelon of his new grade, shall retain the seniority acquired in his previous rank, where the secondment does not Does not provide a greater advantage than would have resulted from advancement in his or her body, employment or employment of origin.
" Art. 23-3. -The agents mentioned in 2 ° of Article 23-1 shall be seconded under the conditions laid down in Decrees No 2003-672 and n ° 2003-673 of 22 July 2003 to determine the conditions for reception of officials from a Member State of the European Community or another State Party to the agreement on the European Economic Area other than France in the territorial civil
. Art. 23-4. -The officers referred to in Article 23-1 seconded to this framework shall contribute to the advancement of grade and graduation with all the territorial officials of this framework of employment if they justify in their bodies, the framework of employment Or employment of a duration of service at least equivalent to that required of territorial officials in order to attain the rank and level assigned to them in their secondment employment.
" For the purposes of this provision, the duration of services performed in the secondment position shall be taken into account cumulatively with:
" 1 ° For the agents mentioned in Article 23-1, that of services performed in the body, employment or employment of origin;
" 2 ° For the agents mentioned in 2 ° of Article 23-1, that of comparable services performed in the original job (s) taken into account for their classification in the framework of
. Art. 23-5. -Officers seconded to this framework of employment may, on their application, be integrated into them when they have been seconded to them for at least two years and subject to the conditions of training provided for by the Minister of The inside.
" Integration shall be pronounced by the competent authorities in the grade, step and seniority in the level held in the secondment employment on the day on which it occurs.
" When integrated, such officers shall be deemed to hold in the course of employment the seniority required to attain the level at which they have been classified.
After Chapter III of Decree No. 2001-682 of 30 July 2001, it is added a chapter III bis entitled " Secondment ", with items 14-1 to 14-5:
" Art. 14-1. -may be seconded to this framework of employment, provided that they carry out functions of the same nature as those laid down in Article 2 and, where appropriate, Articles 3 and 4:
' 1 ° Officials and members belonging to a corps, employment framework or category A or equivalent employment;
" 2 ° Nationals of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area in the Member State or States
. They may perform the duties and jobs corresponding to the rank of posting only after having acquired, where appropriate, the units of value mentioned in Articles 10 or 11.
" However, in the light of their qualifications, they may be exempted from all or part of the training corresponding to the qualifications already acquired
A committee established under the conditions laid down by the Minister of the Interior shall examine the content of the qualifications acquired by the officers prior to their appointment in this framework of employment and shall deliver an opinion on the total exemptions or Partial training provided for in Articles 10 and 11.
" The secondment shall be subject to the conditions of grade, step and seniority provided for in Articles 14-2 and 14-3.
" Article 14-2. -The officers mentioned in Article 14-1 may be seconded in this framework of posts to the rank of captain, commander, lieutenant-colonel or colonel if the gross terminal index of their grade or employment of origin is at least equal to The index relating to the last step, respectively, of the rank of captain, commander, lieutenant-colonel or colonel.
" The secondment shall take place at the level of the rank with an equal or, failing that, immediately above that of the member, the official or the officer in his or her rank or employment of origin. The member or staff member shall, on that occasion, within the limit of the maximum period of service required for access to the upper echelon of his new grade, shall retain the seniority acquired in his previous rank, where the secondment does not Does not provide a greater advantage than would have resulted from advancement in his or her body, employment or employment of origin.
" Article 14-3. -The agents mentioned in 2 ° of Article 18-1 shall be seconded under the conditions laid down in Decrees No 2003-672 and n ° 2003-673 of 22 July 2003 to determine the conditions for reception of officials from a Member State of the European Community or another State Party to the agreement on the European Economic Area other than France in the territorial civil
. Article 14-4. -The officers referred to in Article 14-1 seconded in this framework shall contribute to the advancement of grade and graduation with all the territorial officials of this framework of employment if they justify in their bodies, the framework of employment Or employment of a duration of service at least equivalent to that required of territorial officials in order to attain the rank and level assigned to them in their secondment employment.
" For the purposes of this provision, the duration of services performed in the secondment position shall be taken into account cumulatively with:
" 1 ° For the agents mentioned in Article 14-1, that of services performed in the body, employment or employment of origin;
" 2 ° For the agents mentioned in 2 ° of Article 14-1, that of comparable services performed in the original job (s) taken into account for their classification in the framework of employment.
" Article 14-5. -Officers seconded to this framework of employment may, on their application, be integrated into them when they have been seconded to them for at least two years and subject to the conditions of training provided for by the Minister of The inside.
" Integration shall be pronounced by the competent authorities in the grade, step and seniority in the level held in the secondment employment on the day on which it occurs.
" When integrated, such officers shall be deemed to hold in the course of employment the seniority required to attain the level at which they have been classified. "
The Minister of the Interior, Overseas and Territorial Communities and the Minister of Budget, Accounts Public service shall be responsible for the execution of this Decree, each of which shall be published in the Official Journal of the French Republic
Done at Paris, le 13 June 2007.
François Fillon
By Prime Minister:
The Minister of the Interior, Overseas
, and Territorial Communities,
Michèle Alliot-Marie
The Minister of Budget, Public Accounts
, and the Public Service,
Eric Woerth
