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Decree No. 2004 - 1252 Of 23 November 2004 Fixing The Conditions For Integration Of Licensed Agents And Tenure Of The Collectivité Departementale De Mayotte Unlicensed Agents Made Available To The Directorate For Agriculture And...

Original Language Title: Décret n° 2004-1252 du 23 novembre 2004 fixant les conditions d'intégration des agents titulaires et de titularisation des agents non titulaires de la collectivité départementale de Mayotte mis à disposition de la direction de l'agriculture et ...

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JORF n°274 of 25 November 2004 page 19971
text No. 42



Decree No. 2004-1252 of 23 November 2004 setting the conditions for the integration of incumbent agents and the titularization of non-members of the departmental community of Mayotte made available to the Directorate of Agriculture and Forestry in bodies of categories A, B and C of the State Public Service

NOR: AGRA0402100D ELI: https://www.legifrance.gouv.fr/eli/decret/2004/11/23/AGRA0402100D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2004/11/23/2004-1252/jo/texte


The Prime Minister,
On the report of the Minister of Agriculture, Food, Fisheries and Rural Affairs, the Minister of State, Minister of Economy, Finance and Industry, the Minister of Public Service and State Reform and the Minister of Overseas,
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. 2001-616 of 11 July 2001 on Mayotte, as amended by Order No. 2002-1450 of 12 December 2002 on the modernization of the municipal regime, inter-communal cooperation, the conditions for the exercise of local mandates in Mayotte and amending the general code of territorial authorities (Legislative party) and the programme law for the overseas (No. 2003-660 of 21 July 2003), including its articles 64-660 of 21 July 2003),
In view of the amended Decree No. 65-688 of 10 August 1965 concerning the special status of the body of the rural construction engineers;
In view of the amended Decree No. 65-690 of 10 August 1965 concerning the special status of agricultural engineers;
Considering the amended Decree No. 70-79 of 27 January 1970 on the organization of careers of civil servants in categories C and D;
In view of the amended Decree No. 70-128 of 14 February 1970 concerning the special status of engineers in water and forest works;
Having regard to Decree No. 93-599 of 27 March 1993 on the special status of the bodies of the technical assistants and technical agents of the deconcentrated services of the Ministry of Agriculture and Rural Development;
In view of Decree No. 94-1016 of 18 November 1994 establishing the common statutory provisions applicable to various bodies of category B officials, as amended by Decree No. 97-301 of 3 April 1997 and Decree No. 2001-1238 of 19 December 2001;
In view of Decree No. 94-1017 of 18 November 1994 establishing the common statutory provisions applicable to the bodies of the administrative secretaries of the state administrations and to certain similar bodies, as amended by Decree No. 97-996 of 30 October 1997, by Decree No. 2001-1239 of 19 December 2001 and Decree No. 2003-613 of 5 July 2003;
Having regard to Decree No. 96-35 of 15 January 1996 on the special status of health controllers of the Ministry of Agriculture, as amended by Decree No. 2002-512 of 12 April 2002;
Having regard to Decree No. 96-303 of 3 April 1996 on the special status of administrative officers of the decicent services of the Ministry of Agriculture;
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 and Decree No. 2003-1356 of 23 December 2003;
Considering the advice of the Departmental Joint Technical Committee of the Ministry of Agriculture, Food, Fisheries and Rural Affairs of 18 March 2004;
Having regard to the advice of the Mayotte General Council of 26 July 2004;
The State Council (Finance Section) heard,
Decrete:

  • TITRE I : INTÉGRATION D'AGENTS TITULAIRES DEPARTMENTAL COLLECTIVITY OF MAYOTTE IN FUNCTIONAL CORPS OF THE MINISTRY OF AGRICULTURE Article 1


    Agents holding the departmental community of Mayotte made available to the Agriculture and Forestry Directorate of Mayotte fulfilling the conditions set out in II of section 64-I of the law of 11 July 2001 referred to and classified:
    (a) be at the seventh level of the Principalate of Class II;
    (b) Either within category I, at least 7th grade or at least 2nd grade;
    (c) Either in a higher grade,
    are incorporated into a body of categories A, B or C of the Ministry of Agriculture, under the conditions set out in sections 2 to 5.
    The host body referred to in the preceding paragraph is determined under the conditions set out in Table I of Correspondence to Appendix 1 to this Order.

    Article 2


    The officers referred to in Article 1 shall be incorporated by way of registration on a suitability list, after notice of the relevant Joint Administrative Boards.

    Article 3


    Integrations are pronounced by order of the minister responsible for agriculture.

    Article 4


    During their integration, the agents are classified in the first grade of the host body, at a level providing them with gross treatment equal to or immediately higher than the one they held in their original employment.
    Within the limit of the average duration of service required for the immediately higher increment, they retain the seniority they had acquired in their former rank if their appointment provides them with an increase in treatment less than that which would result in a progression at the immediately higher level of their previous grade or, if they were already at the terminal level, than that resulting from the advance at the last step.
    The services performed by these agents in their original employment are assimilated to services performed in the integration body.

    Article 5


    Where the overall gross annual remuneration resulting from the application of their new status is less than that in their previous employment, the incumbents reclassified under the conditions set out in the first paragraph of Article 4 shall be compensated in their personal capacity.
    This allowance is resorbed as a result of increases in pay resulting from advancements in the integration body.
    In no case shall the cumulative amount of the compensatory allowance and compensation be greater than the remuneration for the last step of the highest grade of the body to which the individual is entitled.

  • TITRE II : TITULARISATION D'AGENTS NON TITULAIRES DEPARTMENTAL COLLECTIVITY OF MAYOTTE IN FUNCTIONAL CORPS OF THE MINISTRY OF AGRICULTURE Article 6


    Non-Responsible Agents of the Departmental Community of Mayotte made available to the Agriculture and Forestry Directorate of Mayotte fulfilling the conditions set out in III of Article 64-I of the Law of 11 July 2001 referred to and classified:
    (a) Either within the CAP contract grid, at least at the 8th level;
    (b) Either within the BEP contract grid, at least at the 6th level;
    (c) Either within the BAC contract grid, at least at the 5th level;
    (d) Either in a higher indiciary grid,
    are intended to be held, upon request, in a body of category A, B or C officials of the Ministry of Agriculture.
    The host body referred to in the preceding paragraph is determined, pursuant to the 1° of the IV of section 64-I of the above-mentioned Act of 11 July 2001, under the conditions set out in sections 7 to 9.

    Article 7


    The officers referred to in Article 6 and classified in the grid of the contracting staff bac + 3 and bac + 4 in the correspondence table II of Schedule 2 are to be held in a category A body of civil servants, under the conditions fixed by this correspondence table and in the manner prescribed in Articles 10 to 17.

    Article 8


    The officers referred to in Article 6 and who are classified at least at the 3rd step of the contractual bac + 2 grid or at least at the 8th step of the contract tray grid shown in the correspondence table III of Annex No. 3 are to be held in a category B civil servants, under the conditions fixed by this table and in the manner prescribed in Articles 10 to 17.

    Article 9


    The officers referred to in Article 6 and who are classified at least at the 8th step of the CAP contract grid in Table of Correspondence IV of Schedule No. 4 are to be held in a category C civil servants body, under the conditions set by this table and in the manner set out in Articles 10 to 17.

    Article 10


    The officers referred to in articles 6 to 9 shall:
    (a) be in possession of the titles or diplomas provided for in the statutory provisions relating to recruitment into the host bodies by the external channel;
    (b) A professional experience recognized under the terms and conditions set out in articles 12 to 15.

    Article 11


    Officers' access to the host bodies is subordinate to the success of the tests of one of the professional examinations reserved for them.

    Article 12


    The minimum duration of the professional experience likely to be recognized in equivalence of the qualifications or diplomas required to run for one of the professional examinations provided for in Article 11 is fixed:
    1° Two years when the degree or title is at the end of the first secondary education cycle, the certificate of professional fitness, the certificate of professional studies or an equivalent level;
    2° At three years when the required degree or title is at the end of the second cycle of general or vocational secondary education or at an equivalent level;
    3° When the required degree or title is four years from the first cycle of general or technological higher education or from an equivalent level;
    4° At five years when the required degree or title is a second or postgraduate degree in general or technological higher education or an equivalent level.
    However, where the candidate already justifies a degree or a title of a level immediately below that of the degree or title required, the minimum duration of the professional experience likely to be recognized is two years. Can be taken into account under this experience any professional activity whose exercise requires a qualification level equivalent to that sanctioned by the title or diploma required to attend the professional examination.

    Article 13


    A candidate who wishes to obtain recognition of his or her professional experience for access to any of the professional examinations provided for in Article 11 shall send to the competent authority to stop the list of candidates admitted to make an application accompanied by a file containing any elements of a nature to allow that authority to verify the nature and duration of the activity or professional activities of which the candidate requests recognition.

    Article 14


    The competent authority to stop the list of candidates admitted to making an application shall, after this verification, transmit the applicant's application, together with the file, to a committee that shall decide on the qualifications acquired by the candidate and their adequacy to the jobs of the host body.
    The Commission's decision is motivated and communicated to the candidate. When it is favourable, this decision applies to all applications for the registration of the candidate for professional examinations of access to the same body as that for which the decision was rendered, provided that no change has been made to the nature of the jobs of the host body that could jeopardize the commission's appreciation.

    Article 15


    The rules for the establishment and operation of the commission referred to in section 14 shall be determined by order of the Minister for Agriculture and the Minister for Public Service.

    Article 16


    For each of the host bodies in the correspondence tables of the appendices to this Order, the nature and program of the tests and the general organisation of the professional examinations provided for in section 11 shall be determined by joint order of the Minister for Agriculture and the Minister for Public Service. These professional examinations can be organized by speciality.
    The procedure for organizing the professional examination and appointing the members of the jury shall be determined by order of the Minister for Agriculture.

    Article 17


    The officers referred to in Articles 6 to 9 shall have a period of six months, from the date on which they receive notification of the classification proposal, to accept their registration.

    Article 18


    Agents who have met the test of the professional examination provided for in section 11 are held by order of the Minister for Agriculture.

    Article 19


    The titularized agents are classified, when they are integrated, in the first grade of the host body at a level determined according to the terms provided by the particular status of this body.
    When the overall gross annual remuneration resulting from the application of their new status is less than that in their previous employment, the staff members are entitled to a personal compensation allowance.
    In no case shall the cumulative amount of the compensatory allowance and compensation be greater than the remuneration for the last step of the highest grade of the body to which the individual is entitled.
    This compensatory allowance is resorbed as the pay increments consecutive to the promotions of which the individual benefits in the integration body.

  • PART III: COMMON PROVISIONS Rule 20


    The elements to be taken into consideration in determining the compensatory allowance allocated under sections 5 and 19 are, with the exception of the cost representative allowances:
    (a) On the one hand, the overall compensation prior to integration or securitization, which includes the increased gross remuneration of premiums and allowances that constitute the accessory, including, where applicable, the additional work allowances;
    (b) On the other hand, the overall remuneration resulting from integration or securitization, which includes the increased gross indiciary remuneration of the residence allowance and the allowances and allowances that are the accessory of the gross remuneration, including, where applicable, the additional work allowances.

    Article 21


    The Minister of State, Minister of Economy, Finance and Industry, the Minister of Public Service and State Reform, the Minister of Agriculture, Food, Fisheries and Rural Affairs, the Minister of the Overseas 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 Republic of France.

Annex


A N N E X E No. 1
TABLE OF CORRESPONDANCE I


You can see the table in the OJ
n° 274 of 25/11/2004 text number 42


A N N E X E No. 2
TABLE OF CORRESPONDANCE II


You can see the table in the OJ
n° 274 of 25/11/2004 text number 42


A N N E X E No. 3
TABLE OF CORRESPONDANCE III


You can see the table in the OJ
n° 274 of 25/11/2004 text number 42


A N N E X E No. 4
TABLE OF CORRESPONDANCE IV


You can see the table in the OJ
n° 274 of 25/11/2004 text number 42


Done in Paris, November 23, 2004.


Jean-Pierre Raffarin


By the Prime Minister:


Minister of Agriculture, Food,

and Rural Affairs,

Hervé Gaymard

Minister of State, Minister of Economy,

finance and industry,

Nicolas Sarkozy

Minister of Public Service

and state reform,

Renaud Dutreil

The overseas minister,

Brigitte Girardin

Secretary of State in the budget

and budgetary reform,

Dominic Bussereau





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