Key Benefits:
The Prime Minister,
On the report of the Minister of Equipment, Transport, Land Management, Tourism and the Sea, the Minister of State, Minister of Economy, Finance and Industry, and the Minister of Public Service and State Reform,
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;
In view of the amended Decree No. 70-606 of 2 July 1970 concerning the special status of the body of the drawers (equipment service);
In view of the amended Decree No. 70-903 of 2 October 1970 concerning the special status of the corps of the superior technicians of the equipment;
Having regard to Decree No. 86-1046 of 15 September 1986 establishing the body of technical experts in the technical services of the Ministry of Equipment, Housing, Land Management and Transport, as amended by Decree No. 91-1148 of 7 November 1991 and No. 95-1025 of 18 September 1995;
Having regard to Decree No. 90-713 of 1 August 1990 on the statutory provisions applicable to the bodies of administrative assistants of the State administrations, as amended by Decrees No. 98-1156 of 26 December 1998 and No. 2003-334 of 9 April 2003;
Considering the advice of the Ministerial Joint Technical Committee dated 7 June 2004;
The State Council (Finance Section) heard,
Decrete:
By derogation from the provisions of Articles 5 and 6 of the above-mentioned Decree of 2 October 1970, the superior equipment technicians of the Ministry of Equipment are recruited, for a period of three years from the date of publication of this Order, under the following conditions:
1° For at least one third of the jobs to be filled by the following two contests:
(a) The external competition, open to candidates under the age of forty-five as of January 1 of the year of the competition and holders, at least, of the bachelor's degree or equivalent diplomas whose list is fixed by a joint decree of the ministers responsible for the public service and equipment;
(b) The internal competition, open to officials and public officials of the State, the territorial authorities and the public institutions that depend on it, to the military as well as to the agents in office in an intergovernmental international organization, with four years of public services as of January 1 of the year of the competition.
The proportion of jobs that could be filled through the external competition represents at least two thirds of the seats offered in both competitions.
The competitive positions for one of the two competitions provided for in the 1st of this article and which are not filled by the nomination of candidates of the corresponding contest may be awarded to the candidates of the other contest. However, the total number of candidates nominated under the internal competition cannot exceed 20% of the total number of jobs to be filled in accordance with the terms set out in a and b of 1° and b and c of 2°.
2° For up to two thirds of the jobs to be filled, by internal promotion organized in the following ways:
(a) By an exceptional professional examination, open to the members of the body of the drawers, justifying on January 1st of the year of the exceptional examination of eight years of actual services in the body of the drawers;
(b) Through a professional examination, open to officials of the following bodies of the Ministry of Equipment: technical experts, administrative assistants and drawers. Candidates must justify at least 10 years of professional examination on 1 January of the year of public service, including five years of actual service in their bodies;
(c) Upon choice, by way of registration on a list of suitability after notice of the parity administrative commission of the corps of the superior technicians of the equipment, among the 2nd and 1st class group leaders and the main technical experts, at least forty-five years of age and justified, on 1 January of the year of the establishment of the list, ten years of actual services in their bodies.
The number of jobs opened under 2° of this article shall not exceed 80% of the positions reserved for internal promotion referred to in 2° above.
The number of jobs opened under c of 2° of this article is at least 6 per cent of posts reserved for internal promotion.
The jobs that remained vacant as a result of the professional examination provided for in b of 2° of this article are deferred to the fitness list, without the proportion of the jobs thus offered may exceed 15% of the jobs to be filled in accordance with the terms set out in a and b of 1° and b and c of 2°. When this proportion is reached, the available jobs are postponed to the contest mentioned at 1°.
Joint decrees of the ministers responsible for equipment and the public service define the organization and programs of the competitions, the exceptional professional examination provided for in 2° and the professional examination provided for in Article 1(b).
The regulation of the outstanding professional examination provided for at 2° and the professional examination provided for in 2° of section 1 and the composition of the jury shall be determined by order of the Minister responsible for equipment.
Candidates received at the contests provided for in the 1st of Article 1 shall be appointed senior interns technicians under the conditions provided for in Article 8 of the decree of 2 October 1970 referred to above.
The provisions of Article 10 of the aforementioned Decree of 2 October 1970 apply to the superior technicians of the equipment recruited under the 2nd of Article 1; they are held in accordance with the provisions of 2° of Article 11 of the aforementioned decree.
The Minister of State, Minister of Economy, Finance and Industry, the Minister of Equipment, Transport, Land Management, Tourism and the Sea, the Minister of Public Service and State Reform and the Secretary of State for Budget and Budget Reform are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, 20 August 2004.
Jean-Pierre Raffarin
By the Prime Minister:
Minister of Equipment, Transportation,
of land use,
tourism and the sea,
Gilles de Robien
Minister of State, Minister of Economy,
finance and industry,
Nicolas Sarkozy
Minister of Public Service
and state reform,
Renaud Dutreil
Secretary of State in the budget
and budgetary reform,
Dominic Bussereau
