Key Benefits:
The Prime Minister,
On the report of the Minister of Higher Education and Research, the Minister of Health, Youth and Sports and the Minister of Budget, Public Accounts and Public Service,
Vu le search codeincluding articles L. 114-3-1, L. 114-3-4, L. 411-1, L. 421-1 and L. 421-3;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu le Decree No. 83-975 of 10 November 1983 modified on the organization and operation of the National Institute of Health and Medical Research;
Vu le Decree No. 83-1260 of 30 December 1983 Amending the statutory provisions common to the bodies of public officials of scientific and technological institutions, including article 2;
Vu le Decree No. 84-1206 of 28 December 1984 amended on the specific statutes of officials of the National Institute of Health and Medical Research;
Vu le Decree No. 2006-1334 of 3 November 2006 the organization and operation of the Research and Higher Education Evaluation Agency;
Considering the advice of the Central Joint Technical Committee of the National Institute of Health and Medical Research of 31 May 2007;
The State Council (Finance Section) heard,
Decrete:
Article 1 of the above-mentioned Decree of 28 December 1984 is supplemented by a sub-item:
"The members of these bodies are recruited, appointed and managed by the Director General of the National Institute of Health and Medical Research. »
Article 4 of the same decree is supplemented by the following provisions:
"They exercise their evaluation skills in compliance with provisions of Article 11 of Decree No. 2006-1334 of 3 November 2006 the organization and operation of the Research and Higher Education Evaluation Agency. »
It is inserted after article 4 of the same decree an article 4-1 as follows:
"Art. 4-1. ― The competitions mentioned in articles 13 and 36 of the decree of 30 December 1983 referred to above may be organized by theme or specialty within a discipline or group of disciplines. The list of topics or specialties is set, after the advice of the Scientific Council, by the Director General of the National Institute of Health and Medical Research. »
Article 6 of the same decree is replaced by the following provisions:
“Art. 6. I. ― By derogation from the provisions of Article 18 of the above-mentioned Decree of 30 December 1983, direct access examinations to the first class of the research staff may be held within the limit of 60% of recruitments in the body.
“II. ― To be admitted to the contests mentioned in I, the candidate must meet one of the conditions set out in 1° and 2° of Article 19 of the decree of 30 December 1983 referred to above. However, by derogation from the 1st of this same article, the candidate must justify five years of practice of the research professions, carried out under the conditions set out in the fourth paragraph of Article 19 of the aforementioned decree. »
Article 7 of the same decree is replaced by the following provisions:
“Art. 7. I. ― The Board of Eligibility provided for in Article 21 of the above-mentioned Decree of 30 December 1983 shall consist of persons of rank at least equal to that of the employment to be filled in the assessment proceeding referred to in Article 4 of this Decree, competent for the discipline or group of disciplines in which the employment to be contested is to be filled.
"The contestants cannot sit in the jury.
“II. ― When the needs of the scientific expertise of the work warrant, the jury referred to in I may be completed, within 20% of its members, by qualified personalities, chosen by the Director General of the National Institute of Health and Medical Research, after the opinion of the President of the competent assessment body. These personalities participate in the examination of the files and, where appropriate, in the hearing of the candidates, and sit in the jury's deliberations with an advisory voice.
"III. ― Within the Board of Eligibility, the Director General of the National Institute of Health and Medical Research is jury sections whose competence corresponds to a defined field of scientific activities.
"IV. ― The jury section examines, for applications within the area of scientific activities, a file including, for each candidate, a survey of his or her diplomas, titles and works and a report on his or her research program. At the end of this review, it prepares a report on all applications.
"V. ― By derogation from the provisions of the second paragraph of Article 21 of the above-mentioned Decree of 30 December 1983, the jury, in the light of the reports prepared by the sections and after deliberation, shall determine the list of candidates to be heard.
"The jury section proceeds to the examination of candidates.
"At the end of the hearings and in the light of the reports presented by the sections, the jury draws, after deliberation, the list of eligible candidates in order of merit.
"VI. ― The Director General of the Institute may be heard by the Board of Eligibility. »
In the first sentence of Article 9 of the same decree, the words: "at the end" are replaced by the words: "before the term".
Article 12 of the same decree is replaced by the following provisions:
“Art. 12. I. ― The Board of Eligibility provided for in Article 43 of the above-mentioned Decree of 30 December 1983 shall consist of persons of at least equal rank or assimilated to that of employment to be filled, belonging to the evaluation body referred to in Article 4 of this Decree, competent for the discipline or group of disciplines in which employment in the contest is to be filled.
"The contestants cannot sit in the jury.
“II. ― When the needs of the scientific expertise of the work warrant, the jury referred to in I may be completed, within 20% of its members, by qualified personalities, chosen by the Director General of the National Institute of Health and Medical Research, after the opinion of the President of the competent assessment body. These personalities participate in the examination of the files and, where appropriate, in the hearing of the candidates, and sit in the jury's deliberations with an advisory voice.
"III. ― Within the Board of Eligibility, the Director General of the National Institute of Health and Medical Research is jury sections whose competence corresponds to a defined field of scientific activities.
"IV. ― The jury section examines, for applications within the area of scientific activities considered, a file including, for each candidate, an activity report and a report on the work that the individual proposes to undertake. This report must include all information regarding the mobility of the researcher and the conditions under which it has completed the missions defined in Article L. 411-1 of the Research Code. At the end of this review, it prepares a report on all applications.
"V. ― By derogation from the provisions of the third paragraph of Article 43 of the above-mentioned Decree of 30 December 1983, the jury, in the light of the reports prepared by the sections and after deliberation, shall determine the list of candidates to be heard.
"The jury section proceeds to the examination of candidates.
"At the end of the hearings and in the light of the reports presented by the sections, the jury draws, after deliberation, the list of eligible candidates in order of merit.
"VI. ― The Director General of the National Institute of Health and Medical Research may be heard by the Board of Eligibility. »
The second sentence of Article 17 of the Decree is replaced by the following provisions: "The list of experts provided for in Article 235, established by industry, is revisable annually."
Article 18 of the same decree is replaced by the following provisions:
“Art. 18. I. ― Engineers and technical and research personnel are subject, in accordance with the provisions set out in headings III and IV of the aforementioned Decree of 30 December 1983 and in accordance with the provisions of 1° of Article 11 of the decree of 3 November 2006 referred to above, to a periodic evaluation of their activity and their results. This evaluation results in an individual interview and an evaluation file.
“II. ― The purpose of the individual evaluation interview conducted by the grievor's direct supervisor is to assess the grievor's activity and to measure the professional results he has achieved since the previous individual evaluation interview. It also addresses the changing conditions of the agent's activity within the work environment, its training needs, particularly in the light of the missions that are assigned to it and its career and mobility prospects.
"III. ― The evaluation file is established after the individual evaluation interview, on the proposal of the officer's direct supervisor, by the research unit manager or the chief of service to which the grievor is assigned. It includes a description of the grievor's activities and missions, an assessment of his professional results, and an appreciation of the research unit manager or the chief of service. He also mentions, where appropriate, the training needs and the prospects for the professional development of the officer identified during the evaluation interview.
"This file is communicated to the officer who, if necessary, completes it with his observations on his training needs and his career and mobility prospects. He is signed by the interested person and paid to his file.
"IV. ― Evaluation results are taken into account in career management, mobility and training of the grievor.
"V. ― The periodicity of the individual evaluation interview, its contents and organizational arrangements are fixed by body or body group, after the advice of the competent technical committee, by decision of the Director General of the National Institute of Health and Medical Research. »
In article 19 of the same decree, the words "notation" are replaced by the words "evaluation".
Article 21 is re-established as follows:
“Art. 21. ― The Director General of the National Institute of Health and Medical Research receives delegation of authority from the Minister for Research to:
1° Take the opening orders of the recruitment examinations of all the bodies of the Institute and designate the jobs to be filled;
2° Distributing the jobs to be filled:
(a) With regard to competitions for the bodies of researchers, by disciplines or groups of disciplines;
(b) With regard to external competitions for access to the bodies of engineers and technical research personnel, by branches of professional activity and standard jobs;
(c) In the case of internal competitions of access to the bodies mentioned in the 1°, either by branches of professional activity and standard jobs, either by branches of professional activity or by grouping branches of professional activity. »
Article 23 of the same decree is replaced by the following provisions:
“Art. 23. ― provisions of section 53 of the Act of 11 January 1984 referred to above are applicable to an employee who does not have French nationality, who is called to fulfil his or her military obligations vis-à-vis his or her State of origin."
Articles 2, 15, 16, 22, 26, 30 to 34, 46 to 53, 55 to 62 and 64 to 66 of the same decree are repealed.
The Minister of Higher Education and Research, the Minister of Health, Youth and Sports, the Minister of Budget, Public Accounts and the Public Service and the Secretary of State for the Public Service are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, December 26, 2007.
François Fillon
By the Prime Minister:
Minister of Higher Education
and research,
Valérie Pécresse
The Minister of Health,
youth and sports,
Roselyne Bachelot-Narquin
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
Secretary of State
Public Service,
André Santini
