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Decree No. 2003-990 14 October 2003 Amending Decree No. 2000-792 August 24, 2000, On The Status Of Technical And Administrative Of The High Council Of Fisheries Personnel

Original Language Title: Décret n° 2003-990 du 14 octobre 2003 modifiant le décret n° 2000-792 du 24 août 2000 portant statut des personnels techniques et administratifs du Conseil supérieur de la pêche

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Summary


This Order makes several amendments to the above-mentioned Decree 2000-792 establishing the status of the technical and administrative staff of the Higher Fisheries Council. It is first of all to transpose to agents of the level of the category To the indiciary improvements that have benefited public servants at the same level as provided by the Durafour protocol and to draw the statutory consequences. This is the object of art. 6, 7, 8 and 12 with respect to group 3 personnel to which the above-mentioned protocol applies. The reclassification of staff in the second grade of group 3 is in accordance with the provisions for staff. However, as a result of the transposition of the Durafour protocol to group 3, the terminal index of group 3 (IB 966) is higher than the terminal index of the current group 2 (IB 852). As a result, it is necessary to modify the structure of group 2 and it is created a first class within group 2 with a terminal index of 985 gross and 5-step. This is the object of art. 2, 3, 4, 5 and 11 of this decree. This decree then includes art. 9 a provision to harmonize the conditions for reclassification of certain level C officers to level B with those for their counterparts. It is a matter of adapting the provisions, pursuant to the above-mentioned protocol of 09-02-1990, to the 2nd Class of Group 4 by Decree 97-301 of 03-04-1997 in favour of reclassification in category B of officials from the last step of scale 5 or an indiciary scale classified in the new indiciary space. The provisions of art. 25 of Act 94-628 of 25-07-1994 on the organization of work time, recruitments and transfers in the public service allow the retroactivity of the measures taken under the Memorandum of Understanding of 09-02-1990. Finally, in order to allow staff in the fixed-term establishment to access indefinite-term contracts, it is proposed to authorize, within existing budgetary positions, exceptional recruitment arrangements for a period of 2 years. Modification of art. 16, 23, 24, 28 to 30 of Decree 2000-792. The provisions of art. 1 to 9 and 11 of this Order comes into force from 25-08-2000. Decree 2000-792 may be amended by simple decree, with the exception of art. 3, 4, 8 to 12, 21, 24 to 26, 32, 33, 38 to 40.

Keywords

ECOLOGY, SUSTAINABLE DEVELOPMENT, STATEMENT , PERSONNEL , PERSONNEL TECHNICAL AND ADMINISTRATIVE PERSONNEL , PARTICULAR STATEMENT , ASSESSMENT , REVIEW , PROFESSIONAL REVIEW , PROMOTION , INDIGENOUS ,


JORF n°241 of 17 October 2003 page 17685
text No. 23



Decree No. 2003-990 of 14 October 2003 amending Decree No. 2000-792 of 24 August 2000 on the status of technical and administrative personnel of the High Council for Fisheries

NOR: DEVG0310064D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/10/14/DEVG0310064D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/10/14/2003-990/jo/texte


The Prime Minister,
On the report of the Minister of Ecology and Sustainable Development, the Minister of Economy, Finance and Industry and the Minister of Public Service, State Reform and Land Management,
Considering the environmental code, including articles L. 434-1 and L. 434-2;
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;
Having regard to Act No. 94-628 of 25 July 1994 on the organization of work time, recruitment and transfer in the public service, including article 25;
Having regard to amended Decree No. 86-83 of 17 January 1986 relating to the general provisions applicable to non-State officials taken for the application of Article 7 of Act No. 84-16 of 11 January 1984, amended with statutory provisions relating to the public service of the State;
In view of Decree No. 2000-792 of 24 August 2000 on the status of technical and administrative personnel of the High Council for Fisheries;
Having regard to the advice of the Central Joint Technical Committee of the High Council for Fisheries of 25 September 2001 and 3 April 2002;
The State Council (Finance Section) heard,
Decrete:

  • PART I: PERMANENT PROVISIONS Article 1


    Article 16 of the above-mentioned Decree of 24 August 2000 is supplemented by a sentence as follows: "The agents who, in their class of origin, held a index higher than the terminal index of the class to which they access are classified at the last level of this class and maintain, as a personal measure, their previous index until the day on which, as a result of a promotion, they are given an index at least equal; "

    Article 2


    I. - The last sentence of 2° of Article 23 of the same decree is replaced by the following provisions:
    "This group has a first class of five ladders and a second class of eleven. »
    II. - The second sentence of 3° of the same article is replaced by the following provisions:
    "This group has a first class of eight ladders and a second class of ten. »

    Article 3


    The first sentence of Article 24 of the Decree is replaced by the following provisions:
    "Group 1 officers are selected from the 1st Class of Group 2 of the same sector and those with at least one year of seniority in the 8th Grade of the 2nd Class of the same Group and Sector. Interested persons must also justify a minimum age of eleven and six months in Group 2. »

    Article 4


    Article 28 of the same decree is replaced by the following provisions:
    “Art. 28. - The average duration and minimum duration of the time to be spent in each step of group 2 shall be determined in accordance with the table below:


    You can see the table in the OJ
    n° 241 of 17/10/2003 page 17685 to 17687


    Article 5


    After article 28 of the same decree, an article 28-1 is added as follows:
    "Art. 28-1. - In each sector, may be promoted to the 1st Class of Group 2, after listing on a progress table prepared after notice of the parity advisory board, the officers of the 2nd Class of the same group having at least one year of seniority in the 8th grade and justifying eleven years and six months of actual service in that class.
    The duration of the services performed on the High Council of Fisheries in a level equivalent to that of the 2nd Class of Group 2, prior to the coming into force of this Order, is assimilated to the actual service required for promotion to the 1st Class of Group 2. »

    Article 6


    Article 29 of the same decree is replaced by the following provisions:
    “Art. 29. - The average duration and minimum duration of the time to be spent in each step of group 3 shall be determined in accordance with the table below:


    You can see the table in the OJ
    n° 241 of 17/10/2003 page 17685 to 17687


    Article 7


    Article 30 of the same decree is replaced by the following provisions:
    "Art. 30. - In each sector, may be promoted to the 1st Class of Group 3, after listing on a progress table prepared after notice of the parity advisory board, the officers of the 2nd Class of the same group with at least two years of seniority in the 5th and seven years of effective service in that class. »

    Article 8


    It is added, after Article 30 of the same decree, an article 30-1 as follows:
    "Art. 30-1. - Appointments to the 1st Class of Group 3 shall be made in accordance with the following table of correspondence:


    You can see the table in the OJ
    n° 241 of 17/10/2003 page 17685 to 17687


    Article 9


    After article 33 of the same decree, an article 33-1 is added as follows:
    "Art. 33-1. - When they are appointed in the second class of group 4, the chief wardens, the chief wardens of the first class and the second class chief guards who have reached the 11th level, governed by Decree No. 86-574 of 14 March 1986, as well as the officers belonging to the out-class and the 11th grade of the first class of group 5 governed by the present decree


    You can see the table in the OJ
    n° 241 of 17/10/2003 page 17685 to 17687


  • PART II: TRANSITIONAL AND FINAL PROVISIONS Article 10


    The provisions of Articles 1 to 9 and 11 of this Decree come into force on the date of effect of the aforementioned Decree of 24 August 2000.

    Article 11


    The officers of the Higher Council of Fisheries classified in group 2 prior to the publication of this decree are incorporated in the second class of group 2 created by this decree. They are reclassified to this class at the level with an index equal to that previously held. They keep the seniority acquired at their original level.

    Article 12


    On the effective date of the above-mentioned decree of 24 August 2000, the officers of the 1st Class and 2nd Class of Group 3 are incorporated in the 1st and 2nd Class of Group 3 created by this decree and reclassified in accordance with the table below:


    You can see the table in the OJ
    n° 241 of 17/10/2003 page 17685 to 17687


    Article 13


    I. - The situation of the officers of the High Council of Fisheries, promulgated between 26 August 2000 and the date of publication of this decree of group 3 to group 2 and of the second class of group 3 to the first class of the same group, is revised, on the date of effect of the promotion obtained, on the basis of the reclassifications made pursuant to article 12 of this decree.
    This revision, however, cannot lead to the placement of the persons concerned, at that same date, in a less favourable situation, with respect to both the level and the seniority in that level, as well as that which would have been theirs if the reclassifications provided for in article 12 of this decree had occurred only at the date of the promotion obtained.
    II. - The situation of the officers of the High Council for Fisheries promulgated before the publication of this decree:
    1° From the out-class of group 5 and the 11th grade of the 1st class of the same group to the 2nd class of group 4;
    2° Senior Chief Guard, 1st Class Head Guard and 11th Class 2 Chief Guard at 2nd Class 4,
    is revised on the basis of the provisions of Article 9 of this Decree.

    Article 14


    Without prejudice to the recruitments made pursuant to the above-mentioned Decree of 24 August 2000, may be held, for a period of two years from the date of publication of this decree, exceptional recruitments in groups 3, 4 (administrative filter), 5 and 6. The number of posts to be filled shall be determined by a decision of the Director General of the High Council for Fisheries within the limits of vacant budgetary positions.
    The recruitments provided for in the first paragraph shall be carried out by competitions open to officers in office in the establishment, other than those governed by the above-mentioned Decree of 24 August 2000 and by Decree No. 86-574 of 14 March 1986 establishing the status of fishing guards of the Conseil Supérieur de la Pêche, which justify a period of service within the establishment at least one year of full-time equivalent in the three years preceding the organization.
    In addition, candidates for group 3 and group 4 administrative examinations must be in possession of any of the titles or diplomas provided for in the statutory provisions for external recruitment in the groups concerned.
    The general rules for these competitions, the nature and program of the tests are determined by order of the Minister for Freshwater Fishing and the Minister for Public Service.

    Article 15


    The decree of 24 August 2000 referred to above may be amended by simple decree, with the exception of the provisions of Articles 3, 4, 8 to 12, 21, 24 to 26, 32 and 33, 38 to 40.

    Article 16


    The Minister of Economy, Finance and Industry, the Minister of Ecology and Sustainable Development, 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 decree, which will be published in the Official Journal of the French Republic.


Done in Paris, October 14, 2003.


Jean-Pierre Raffarin


By the Prime Minister:


Minister of Ecology

and Sustainable Development

Roselyne Bachelot-Narquin

Minister of Economy,

finance and industry,

Francis Mer

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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