Key Benefits:
Minister of Economy, Finance and Industry, Minister of Foreign Affairs, Minister of Public Service and State Reform and Secretary of State for Budget,
Considering Act No. 72-659 of 13 July 1972 on the situation of civil personnel of cultural, scientific and technical cooperation with foreign states;
In view of the amended Decree No. 67-290 of 28 March 1967 setting out the modalities for calculating the emoluments of State personnel and the public establishments of the administrative State in service abroad;
In light of the amended Decree No. 76-832 of 24 August 1976 on the financial organization of certain cultural and educational institutions or organizations dependent on the Ministry of Foreign Affairs and the Ministry of Cooperation, including its Article 1;
Having regard to Decree No. 82-665 of 22 July 1982 concerning the social protection of non-State officials and public institutions of the State of an administrative or cultural and scientific character, of French nationality, in service abroad;
In view of Decree No. 86-416 of 12 March 1986 establishing the conditions and conditions for the State to take charge of travel and change of residence abroad or between France and abroad of civil agents of the State and public institutions of the State with administrative character, as amended by Decree No. 88-871 of 29 July 1988 and by Decree No. 2000-670 of 17 July 2000;
Having regard to Decree No. 2002-217 of 18 February 2002 on civil personnel of cultural, scientific and technical cooperation in service with foreign states;
Having regard to the amended Decree of 28 March 1967 on the conditions of application to officials of the Ministry of Foreign Affairs in service in diplomatic missions and consular posts of Decree No. 67-290 of 28 March 1967 setting out the modalities for calculating the emoluments of State personnel and public institutions of the State administrative in service abroad;
Considering the advice of the second Joint Technical Committee of the Ministry of Foreign Affairs of 27 June 2001,
Stop:
I. - Scope of application
This Order sets out the conditions for the application of the Decree of 28 March 1967 referred to the personnel carrying out a mission of cultural, scientific and technical cooperation with foreign States within the meaning of the law of 13 July 1972 referred to above when the relevant cooperation agreements do not provide for a specific compensation regime and without prejudice to the particular provisions contained in these agreements.
This Order does not apply:
- staff recruited by the Minister of Foreign Affairs to exercise in a cultural, scientific, cultural cooperation and action service or a medical-social centre of a diplomatic or consular post, or in one of the establishments listed in section 1 of the aforementioned decree of 24 August 1976;
- local staff recruited and paid by the State services, including the establishments listed in Article 1 of the above-mentioned Decree of 24 August 1976.
The personnel referred to in section 1 shall include:
(a) Officials belonging to a body or employment framework classified in categories A, B or C or at the same level and judicial officers placed in a detachment position;
(b) Revocable, revocable and qualified staff as above.
II. - The mission
In the general framework of the cooperation agreements, a letter of mission specifies the functions and obligations of the agent as a result of the agreement between the French authorities and the foreign partner to whom it is placed. This letter sets out the area of activity, and where appropriate, the nature of the cooperation project in which the officer's action falls, the objectives and expected results of the mission. This informative document, which is brought to the attention of the agent before the contract is signed, does not create any rights to his benefit. The letter of mission is revisable based on periodic evaluations.
III. - Contract and emoluments
The staff referred to in section 1 agree with the Ministry of Foreign Affairs a fixed-term contract that may be renewed by express renewal. The duration of the contracts is between six and thirty-six months.
The contract specifies for each agent:
- the administrative situation;
- where applicable, on-site recruitment within the meaning of Article 9 of this Order;
- the State and local government of connection or the organization of connection, and the place of service;
- function and functions:
- the duration for which it is concluded;
- the effective date;
- the constituent elements of remuneration;
- service obligations and administrative leave.
In accordance with the provisions of Article 2 of the above-mentioned Decree of 28 March 1967, the constituent elements of remuneration shall be limited to:
(a) Basic treatment:
The basic treatment is:
- for the incumbents in the position of detachment to the treatment corresponding to the hierarchical index that they hold in their original body or employment framework on the date of commencement of the contract;
- for personnel who do not have the treatment corresponding to the hierarchical index stipulated by their contract in accordance with article 4, paragraph 3, of the decree of 28 March 1967 referred to above. This index is the result of the application of the statutory provisions governing the position of the agent or, if not, it is fixed by reference to one of the public service's employment bodies or frameworks called for similar functions.
The compensation index cannot be changed during the contract.
(b) Residence allowance:
The staff referred to in this Order shall be divided according to the duties performed and shall follow between the various groups of residence allowance provided for in Article 5 of the aforementioned Decree of 28 March 1967.
For this purpose, each function shall be classified by country and by post in a group of residence allowances by decision of the Minister for Foreign Affairs referred to by the financial controller, after notice by the competent commission, within the context of budgetary availability and in accordance with the tables below.
1° Government Counsellor
You can see the table in the OJ
n° 43 of 20/02/2002 page 3280 to 3282
2° Director Advisor, Project Leader,
Programme coordinator
You can see the table in the OJ
n° 43 of 20/02/2002 page 3280 to 3282
3° Sectoral expert, responsible for a project component
or programme
You can see the table in the OJ
n° 43 of 20/02/2002 page 3280 to 3282
4° Direct education and technicians
You can see the table in the OJ
n° 43 of 20/02/2002 page 3280 to 3282
5° The officer who would be called to accumulate two of the above-mentioned functions is classified in the most favorable residential allowance group in relation to the duties he occupies.
(c) Family supplement:
The family supplement may be assigned to the agent under the conditions set out in Article 7 of the aforementioned Decree of 28 March 1967.
(d) Family majorations:
Family increases may be attributed under the conditions set out in Articles 8 and 9 of the aforementioned Decree of 28 March 1967.
(e) Provisions common to family supplement and family supplements:
The changes in the family situation of personnel under the conditions provided by the above-mentioned Decree of 28 March 1967 are taken into account during the period of validity of the contract by decision of the Minister for Foreign Affairs of the financial controller and annexed to the contract.
(f) Settlement allowance:
An officer who is not recruited locally may receive the settlement allowance provided for in Article 11 of the aforementioned Decree of 28 March 1967. This allowance, which is renewable to each transfer, is achieved by taking service abroad.
The maximum rate of settlement allowance is set annually against the monthly residential allowance scale applicable to January 1. It is equal to 60% of the amount of the group 13 residence allowance for all personnel covered by this order.
This allowance is permanently granted to personnel who have completed at least two years of stay in the same position.
In the event of termination of duties for personal convenience or for disciplinary reasons arising prior to the end of the period specified in the preceding paragraph, the persons concerned shall reimburse a portion of the allowance calculated on the prorated basis of the unfulfilled period of stay, each month not completed being counted for a month of unfulfilled stay.
Changes resulting from a case of force majeure due to the initiative of a foreign government do not result in reimbursement by the agent.
The exercise of any paid activity outside the scope of the mission entrusted to them abroad is prohibited to the agents covered by this Order. Derogations from this rule may be granted by a decision of the Minister for Foreign Affairs, on a substantiated proposal by the head of the diplomatic mission.
Any emoluments or allowances other than those representing costs or paying additional work beyond the maximum weekly obligations of education paid by an organization abroad shall be deducted from the emoluments that are served to it under this Order, if any, under the conditions provided for in the agreements relating to the examination of personnel with the State at whose service the person is placed.
The employee or non-employee who has been resident in the country of duty for at least three months at the time of recruitment.
An officer who, in order to follow his spouse, is also considered to be recruited locally, elects domicile in the country of residence of the spouse.
IV. - Situations
The situations in which the personnel referred to in this Order may be placed and the conditions to be met are defined below:
- presence in the post;
- the assignment proceeding;
- the call in order;
- leave (administrative, sickness, maternity or adoption and military obligations);
- Special call.
The emoluments of the staff placed in each of these situations are fixed in accordance with Articles 18 to 27 of the aforementioned Decree of 28 March 1967.
(a) Allocation proceeding:
The officers referred to in this Order, with the exception of locally recruited staff, may be placed on assignment. Public servants are in particular placed in this situation during the period between the date on which they cease to be taken over by their original administration and the date on which they are placed in the position;
(b) Call by order:
The officers mentioned in this order may be called in order for a maximum period of 30 consecutive days;
(c) Leave:
The rights and emoluments relating to sick leave, long illness, long-term, maternity or adoption leave or for military obligations of the agents referred to in this Order are those set out in Articles 24 to 29 of the aforementioned Decree of 28 March 1967 and in Article 9 of the aforementioned Order of 28 March 1967.
The rights and emoluments relating to administrative leave are those set out in article 1 of the above-mentioned decree of 18 February 2002 and in article 23 of the aforementioned decree of 28 March 1967.
(a) The annual administrative leave is 40 working days, regardless of whether or not it is in the position, by twelve months. The list of holidays is specified annually by the French Embassy.
The right to leave is open from the effective date on the contract.
Leave acquired by period of twelve months leave included must be exhausted during that same period.
When the contract is less than twelve months, the annual administrative leave entitlement shall be calculated on the pro rata of the contract term;
(b) School or university administrative leave is granted during the school or university holidays scheduled for each establishment of the State of Service.
The leave plan, annual administrative leave or school or university administrative leave, which the agent benefits is referred to in the letter of mission and defined in his contract.
The entitlements to administrative leave, acquired to the agent at the moment that he or she has made the required time of stay abroad, are not extinguished when he or she is replaced in his or her administrative position or employment.
The incumbent officer or contract officer recruited in France may, for himself and for his or her eligible persons, subject to the conditions set out in the above-mentioned decree of 12 March 1986, claim to take charge of the costs incurred by an administrative leave trip after ten months, fifteen months, twenty months or thirty months of service abroad.
A joint order of the Minister of Foreign Affairs and the Minister of Economy, Finance and Industry, by post, sets the applicable stay time. Unless otherwise stated, the period of stay for staff in service in the capital of a foreign country applies to all positions located in the territory of the country in question.
The on-site contractual agent is not entitled to the reimbursement of leave travel.
The Director General of Administration at the Ministry of Foreign Affairs and the Budget Director at the Ministry of Economy, Finance and Industry are responsible, each with respect to it, for the execution of this Order, which will take effect on 1 March 2002 and will be published in the Official Journal of the French Republic.
Done in Paris, February 18, 2002.
Minister of Foreign Affairs,
Hubert Védrine
Minister of Economy,
finance and industry,
Laurent Fabius
Minister of Public Service
and state reform,
Michel Sapin
The Secretary of State in the budget,
Florence Parly
