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Decree No. 2003-763 31 July 2003 Laying Down Exceptional Conditions Of Integration Of Non-Licensed Agents Of The Ministry Of Ecology And Sustainable Development In The Body Of The Senior Technicians Of The Services Of The Ministry Of The...

Original Language Title: Décret n° 2003-763 du 31 juillet 2003 fixant les conditions exceptionnelles d'intégration d'agents non titulaires du ministère de l'écologie et du développement durable dans le corps des techniciens supérieurs des services du ministère de l'a...

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Summary


Law 83-634 13-07-1983 amended by Law 84-16 of 11-01-1984 provided for in its art. 73 the titularization of non-registrants who occupy a job with the characteristics defined in art. 3 of Title I of the General Status (Continuing Civil Employment of the State, Territorial Authorities or Public Administrative Institutions) in jobs of the same nature, subject to: 1°) having been in office on the date of publication of the Law: 14-07-1983; 2°) having completed, on the date of their application, effective services of at least 2 years of full-time service in a permanent employment of the State, territorial authorities or public administrative institutions. The Minister of Ecology and Sustainable Development reiterated her request to initiate the process of titularization of 2 agents of her ministry who are intended to be titularized within the framework of the said you but for which the Ministry of Ecology does not have a host body corresponding to the functions performed by these agents. The integration of the agents of the ministry responsible for agriculture in accordance with the requirements of Act 83-634 was made on the basis of amended Decree 92-282 of 27-03-1992 setting out the exceptional conditions for the integration of non-members of the Ministry of Agriculture and Forestry into category B civil servants. Art. 1 of this decree reserves the benefit to the "agents of the Ministry of Agriculture and Forestry" so it is not possible to integrate these two agents on the basis of the aforementioned decree. Hence the need for this decree whose purpose is to allow these two agents to be titularized in the body of the superior technicians of the departments of the ministry responsible for agriculture, this titularization is possible to the extent that art. 2 of the statutory decree (96-501 of 07-06-1996 amended) provides for the assignment of these superior technicians "in other state administrations designated by joint decrees of the ministers responsible for agriculture, the public service, the budget and the administration concerned". A similar procedure has been used by the Ministry of Ecology to allow the integration of non-managers performing administrative functions at the level of category B in the body of the administrative secretaries of the deconcentrated services of the Ministry of Equipment (see Decree 98-382 of 15-05-1998). Art. l of this decree gives the agents of the Ministry of Ecology and Sustainable Development who fulfil the conditions of the 83-634 vocation to be titularized in the body of the superior technicians of the services of the ministry responsible for agriculture (special "rural engineering") provided that there is correspondence between the functions performed by these agents and the missions of the body concerned. The other art. of this decree reproduces the provisions contained in all decrees of the same type and, in particular in the aforementioned decree 92-282: - titularisation subordinate to the opening of a professional examination; - 6 months to apply; - immediate appointment and titularization after successful professional examination; - 6 months to accept the conditions of reclassification. Application of art. 3 of Law 83-634; 79 and 80 of Act 84-16.

Keywords

ASSESSMENT , PUBLIC FUNCTION , CENTRAL ADMINISTRATION , TECHNICIEN , NON-TITULAR AGENT , CONTRACTUE , STATUS PARTICULAR , POSITION , POSITION , DETACHEMENT , INTEGRATION


JORF n°180 of 6 August 2003 page 13607
text No. 81



Decree No. 2003-763 of 31 July 2003 setting out the exceptional conditions for the integration of non-owned agents of the Ministry of Ecology and Sustainable Development into the body of the superior technicians of the departments of the Ministry of Agriculture

NOR: AGRA0300962D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/7/31/AGRA0300962D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/7/31/2003-763/jo/texte


The Prime Minister,
On the report of the Minister of Agriculture, Food, Fisheries and Rural Affairs, the Minister of Economy, Finance and Industry, the Minister of Ecology and Sustainable Development and the Minister of Public Service, State Reform and Land Management,
In light of amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, together with amended Act No. 84-16 of 11 January 1984 on statutory provisions relating to the public service of the State, including articles 73, 79 and 80;
Having regard to Decree No. 94-1016 of 18 November 1994 establishing the common statutory provisions applicable to various bodies of category B officials, as amended by Decrees No. 97-301 of 3 April 1997 and 2001-1238 of 19 December 2001;
Having regard to Decree No. 96-501 of 7 June 1996 on the special status of the corps of the superior technicians of the services of the ministry responsible for agriculture, as amended by Decree No. 2000-772 of 1 August 2000;
Considering the advice of the Departmental Joint Technical Committee of the Ministry of Agriculture, Food, Fisheries and Rural Affairs of 20 February 2003;
The State Council (Finance Section) heard,
Decrete:

Article 1 Learn more about this article...


Non-owned agents of the Ministry of Ecology and Sustainable Development who occupy a job presenting the characteristics defined in section 3 of the law of 13 July 1983 referred to above, who meet the conditions listed in section 73 of the law of 11 January 1984 referred to above and who, recruited on the basis of contracts of the level of category B, perform technical functions of the same level in the field of water, are intended to be, on their request,

Article 2 Learn more about this article...


The titularization provided for in Article 1 is subject to the success of the tests of a professional examination conducted pursuant to this decree.
A candidate can no longer attend the professional examination of access to the host body.
A joint order of the Minister for Agriculture and the Minister for the Public Service sets out the terms and conditions for the organization and program of this professional examination.

Article 3 Learn more about this article...


The non-registrants referred to in Article 1 shall be granted a period of six months from the date of the publication of this Order.
An option period of equal duration is open to them, from the date on which they receive notification of the classification proposal in the body, to accept their titularization.

Article 4 Learn more about this article...


The officers who have met the tests of the professional examination provided for in Article 2 are appointed and immediately held in the grade of the beginning of the body at a level determined in the manner provided for in Article 4 of the above-mentioned Decree of 18 November 1994.

Article 5 Learn more about this article...


The Minister of Economy, Finance and Industry, the Minister of Ecology and Sustainable Development, the Minister of Agriculture, Food, Fisheries and Rural Affairs, the Minister of Public Service, State Reform and Land Management, and the Minister Delegate for Budget and Budget Reform are responsible, each with respect to it, for the execution of this Official Gazette, which will be published in the French Republic.


Done in Paris, July 31, 2003.


Jean-Pierre Raffarin


By the Prime Minister:


Minister of Agriculture, Food,

and Rural Affairs,

Hervé Gaymard

Minister of Economy,

finance and industry,

Francis Mer

Minister of Ecology

and Sustainable Development

Roselyne Bachelot-Narquin

The Minister of Public Service,

of State Reform

and landscaping,

Jean-Paul Delevoye

Minister for Budget

and budgetary reform,

Alain Lambert


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