Key Benefits:
The Prime Minister,
On the report of the Minister of State, Minister of Economy, Finance and Industry, the Minister of Public Service and State Reform and the Minister for Foreign Trade,
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 Decree No. 79-433 of 1 June 1979 on the powers of ambassadors and the organization of State services abroad;
Having regard to Decree No. 94-741 of 30 August 1994 on the assimilation of diplomas issued in other member states of the European Community, as amended by Decree No. 98-485 of 12 June 1998;
Having regard to Decree No. 94-1016 of 18 November 1994 establishing the common statutory provisions applicable to various bodies of category B, as amended by Decree No. 97-301 of 3 April 1997 and No. 2001-1238 of 19 December 2001;
In view of Decree No. 97-511 of 21 May 1997 concerning the special status of commercial officers of the management of external economic relations and setting out the exceptional conditions for the integration of non-managers of the management of external economic relations in that body;
Having regard to Decree No. 2002-772 of 3 May 2002 on the organization of foreign services of the Ministry of Economy, Finance and Industry;
Considering the advice of the ministerial technical committee of 17 September 2004;
The State Council (Financial Division) heard, Decrete:
The title of the above-mentioned decree of 21 May 1997 is replaced by the following title:
"Decree fixing the particular status of the body of economic attachés".
Article 1 of the same decree is replaced by the following provisions:
"Art. 1st. - Economic attachés are a body that reports to the Minister responsible for the economy and finances and is classified in category A under section 29 of the Act of 11 January 1984 referred to above. »
Article 2 of the same decree is replaced by the following provisions:
“Art. 2. - Economic attachés are involved in the conduct of foreign service missions of the Ministry of Economy, Finance and Industry, in the exercise of expertise and supervision functions. They may also, as appropriate, be entrusted within this service with the functions referred to in articles 2 and 3 of Decree No. 2002-772 of 3 May 2002 on the organization of foreign services of the Ministry of Economy, Finance and Industry. They may be assigned to the central administration or the deconcentrated services of the Ministry of Economy, Finance and Industry.
When carrying out their activities within the framework of an economic mission or permanent representation with an international organization led by an ambassador, they are subject to the provisions of Decree No. 79-433 of 1 June 1979 concerning the powers of ambassadors and the organization of the services of the State abroad. »
After Article 2 of the same decree, an article 2-1 is inserted as follows:
"Art. 2-1. - The appointments and assignments of economic officers in central administration, in the decunct services and in the foreign services of the Ministry of Economy, Finance and Industry are pronounced by order of the Minister in charge of the economy and finances.
The appointment of Head of Economic Mission and Head of Economic Services abroad shall be made by joint order of the Minister for Economic and Financial Affairs and the Minister for Foreign Trade, after the approval of the Minister for Foreign Affairs in accordance with the provisions of section 4 of the above-mentioned decree of 3 May 2002. »
Article 5 of the same decree is amended as follows:
I. - The first paragraph of 1° is replaced by the following:
« 1° The external competition is open to candidates holding one of the required titles or diplomas to compete in the external access competition to the regional administrative institutes, or may justify their possession on December 31 of the year of the competition. »
II. - In the second paragraph of the 1st, the words "filling the age conditions and" are deleted.
III. - The last two paragraphs of the 1st are deleted.
IV. - 2° is replaced by the following:
« 2° The internal competition is open to officials and public officials of the State, territorial authorities and public institutions who depend on it, counting, as of January 1 of the year of the competition, at least four years of effective public services. »
Article 7 of the same decree is replaced by the following provisions:
“Art. 7. - Can also be appointed to the body of the economic attachés, within the limits of the sixth of the appointments made by competition and by detachment, the officials of the Ministry of Economy and Finance belonging to a body classified in category B, listed on a suitability list and after the advice of the administrative committee of the host body. Interested persons must be at least forty years of age as of January 1 of the year of appointment and, on the same date, have nine years of public service, including at least six effective services within the foreign services of the Ministry of Economy, Finance and Industry, in two different assignments.
Where the application of the provisions of the first paragraph of this Article does not permit any appointment, appointments may, however, be made within a sixth of 3.5 per cent of the total number of employees of the economic attachés assessed on 1 January of the year for which appointments are made. »
Article 9 of the same decree is replaced by the following provisions:
“Art. 9. - The rules of general organization of the competitions, the nature and program of the tests are set by joint order of the Minister for Economy and Finance and the Minister for Public Service.
The external or internal nature of the competitions, the number of places offered, the organizational conditions and the composition of the jury are determined by decrees of the Minister responsible for the economy and finances. In the case that an internal competition and an external competition are opened in the same calendar year, the number of places offered in the internal competition cannot be less than 30% of the total number of places to be filled. »
In the first paragraph of Article 10 of the same Decree, the words "as well as those recruited under Article 6" are deleted.
Article 15 of the same decree is replaced by the following provisions:
“Art. 15. - Can be promoted to the rank of the 2nd class Principal Economic Attachment for the economic attachés who have completed four years and six months of actual service in a body, employment framework or Category A job and with at least one year of seniority in the 4th step.
The duration of the actual active national service shall, if applicable, be deducted from four years six months of actual service. The same is true of the fraction that exceeds the tenth year of the seniority determined in a class B body defined in accordance with section 13-2. However, these deductions may not result in less than three years of service delivery in a body, employment framework or category A employment.
To be promoted, applicants must be registered in a progress table prepared on the advice of the parity administrative board in view of the results of a selection organized by a professional examination before a jury. Candidates undergo an oral trial before this jury, which completes its assessment by consulting their individual files. The jury alphabetically sets out the list of successful candidates.
An order of the Minister responsible for the economy and finance sets the date of the professional selection test, the regulations and the rules relating to the composition and functioning of the jury.
Interested persons shall be appointed to the rank of the Principal Economic Attachment in the order of registration in the advance table and classified in accordance with the table below:
You can see the table in the OJ
n° 275 of 26/11/2004 text number 12
In the first paragraph of Article 20 of the Decree, the words "for two years" are replaced by the words "for four years".
Articles 6, 11, 12 and 21 to 25 of the same decree are repealed.
In all articles of the same decree and in all the regulations in which they appear, the words "commercial attaché of the management of external economic relations" and "commercial attachés of the management of external economic relations" are replaced by the words "economic attaché" and "economic attachés".
The words: "commercial attaché", "main commercial attaché", "commercial attachés" and "principal commercial attachés" are also replaced by the words "economic attaché", "main economic attaché", "economic attaché" and "main economic attachés".
The Minister of State, Minister of Economy, Finance and Industry, the Minister of Public Service and State Reform, the Minister Delegate for Foreign Trade and the Secretary of State for Budget and Budget Reform are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, November 25, 2004.
Jean-Pierre Raffarin
By the Prime Minister:
Minister of State, Minister of Economy,
finance and industry,
Nicolas Sarkozy
Minister of Public Service
and state reform,
Renaud Dutreil
Minister for Foreign Trade,
François Loos
Secretary of State in the budget
and budgetary reform,
Dominic Bussereau
