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Decree Of 19 December 2003 Laying Down The Conditions Licensing Officers, Within Social Security And Family Allowances Contributions Unions And Caisses General Social Security, Control...

Original Language Title: Arrêté du 19 décembre 2003 fixant les conditions d'agrément des agents chargés, au sein des unions de recouvrement des cotisations de sécurité sociale et d'allocations familiales et des caisses générales de sécurité sociale, du contrôle d...

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JORF n°300 of 28 December 2003 page 22365
text No. 44



Judgment of 19 December 2003 setting the conditions for the accreditation of the officers responsible, in the unions for the recovery of social security and family allowances and general social security funds, the monitoring of the application of social security laws and certain provisions of the Labour Code

NOR: SANS0324989A ELI: https://www.legifrance.gouv.fr/eli/arrete/2003/12/19/SANS0324989A/jo/texte


Minister of Social Affairs, Labour and Solidarity and Minister of Health, Family and Persons with Disabilities,
Considering the social security code, including articles L. 138-20, L. 225-1-1 and L. 243-7;
Considering the Labour Code, including articles L. 324-9 and L. 324-12;
Having regard to the advice of the Board of Directors of the Central Agency of Social Security Agencies dated 17 December 2003,
Stop:

Article 1


This Order is applicable to employees of social security and family allowance union (SSAF) and general social security funds (GSSG) referred to in Article L. 243-7 of the Social Security Code, responsible for the monitoring of the application by employers and self-employed of the social security laws and certain provisions of the Labour Code, including those relating to the research and recognition of work offences referred to in Article 9 of the Order. It also applies to these same officers who are responsible for monitoring the application of the legislation relating to contributions and contributions collected directly by the Central Agency of Social Security Organizations (ACOSS), pursuant to the provisions of Article L. 138-20 and Article L. 225-1-1 of the Social Security Code.

Article 2


Agents referred to in Article 1 may only be registered if they are twenty-two years old and have all necessary integrity and capacity guarantees.
Agents must also be in a regular position in respect of their military obligations.

Article 3


The application for approval of an agent to which an organization wishes to entrust a control mission under section L. 243-7 and section L. 225-1-1 of the Social Security Code and the provisions of the Labour Code specifically designated by law is formulated by the director of the agency concerned and addressed to the director of the Central Agency for Social Security Organizations (ACOSS).

Article 4


In support of any application for approval as provided for in Article 3 above, the following documents shall be attached:
(a) For recovery inspectors:
1° A signed note by the candidate indicating his/her name, name, place and date of birth, his/her family situation, diplomas and academic titles, successive domiciles, the nature of his/her professional activity and, where applicable, his/her various previous activities;
2° A copy of the diploma or certificate certifying that the officer successfully completed the training specific to the occupation of a recovery inspector;
3° An excerpt from judicial record No. 3 issued for less than three months;
4° A statement on honour certifying that the candidate has not been convicted of a crime or offence;
5° Where appropriate, a supporting document on the candidate's situation with respect to his or her military obligations;
(b) For personal and lump sum checkers:
All the pieces listed in 1°, 3°, 4° and 5° of this article.

Article 5


The Director of the ACOSS shall issue an interim authorization to perform their duties upon receipt of the complete application for approval.
Accreditation may be granted to them when their manner of service and their professional abilities have been deemed satisfactory, within the six-month period renewable once the date of the application for approval.
The decision of the Director of the ACOSS granting or refusing the approval is notified to the Director of the agency of which the agent and the interested party depend.
Provisional and final accreditation decisions are published in the Official Bulletin of the Ministry of Social Security.
The approval granted to one of the agents referred to in Article 1 is valid, throughout the officer's career and for all periods during which he or she performs duties of contôle, for the entire French territory.
The provisional authorization to exercise and the approval are valid for all of the control operations referred to in section 1.

Article 6


On a transitional basis, an interim authorization to exercise is issued by the Director of the ACOSS to the control officers on duty on the date of this order for a period of three months. The issuance of such authorization shall not be subject to the provisions set out in Articles 4 and 5 of this Order.
Prior to the expiry of this period, the Director of the ACOSS shall issue a new approval to the officers concerned, in the light of all the parts referred to in section 4.
The approval granted to one of the officers referred to in the above paragraph is valid, throughout the officer's career and for all periods during which he or she exercises control functions, for the entire French territory.
The provisional authorization to exercise and the approval referred to in the above paragraphs are valid for all the control operations referred to in section 1.

Article 7


The amended Order of September 25, 1963 setting the conditions for the approval of agents of social security agencies responsible for the monitoring of the application of the social security laws referred to in Articles L. 216-6 and L. 243-7 of the Social Security Code and the Order of September 20, 1994 establishing the conditions for the accreditation of the agents responsible for the collection unions of social security contributions and family allowances and general funds of social security of the departments

Article 8


The Director of Social Security at the Ministry of Social Affairs, Labour and Solidarity and the Ministry of Health, Family and Persons with Disabilities is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, 19 December 2003.


Minister of Health, Family

and persons with disabilities,

For the Minister and by delegation:

The Director of Social Security,

D. Libault

Minister of Social Affairs,

and solidarity,

For the Minister and by delegation:

The Director of Social Security,

D. Libault


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