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Decree No. 2009-1030 Of 26 August 2009 Amending Decree No. 92-171 Of 21 February 1992 On The Particular Statutes Of The Body Of Professors Of Higher Educational Institutions Public Under The Minister Responsible For The Farmers...

Original Language Title: Décret n° 2009-1030 du 26 août 2009 modifiant le décret n° 92-171 du 21 février 1992 portant statuts particuliers des corps d'enseignants-chercheurs des établissements d'enseignement supérieur publics relevant du ministre chargé de l'agricul...

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ALIMENTATION , AGRICULTURE , SUPERIOR AGRICOLE , SUPERIOR AGRICOLE , LEARNING , PARTICULAR STATUS , REGULATIONS , POSITION , DETACHEMENT , INTEGRATION , ADVANCEMENT


JORF n°0197 of 27 August 2009
text No. 75



Decree No. 2009-1030 of 26 August 2009 amending Decree No. 92-171 of 21 February 1992 on the specific statutes of the bodies of teachers and researchers of public higher education institutions under the Minister for Agriculture

NOR: AGRS0913476D ELI: https://www.legifrance.gouv.fr/eli/decret/2009/8/26/AGRS0913476D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2009/8/26/2009-1030/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister of Food, Agriculture and Fisheries,
Vu le education code ;
Vu le search code ;
Vu rural codeincluding his book VIII;
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 la Law No. 2001-397 of 9 May 2001 relating to professional equality between women and men;
Vu le Decree No. 85-986 of 16 September 1985 amended on the particular regime of certain positions of State officials and on certain modalities for the provision and final termination of functions;
Vu le Decree No. 92-171 of 21 February 1992 amended with the specific statutes of the bodies of teachers-researchers of public higher education institutions under the Minister for Agriculture;
Vu le Decree No. 92-172 of 21 February 1992 relating to the National Commission of Research Teachers under the Minister for Agriculture;
Vu le Decree No. 95-621 of 6 May 1995 amended on associate or invited teachers in higher education and research institutions under the Minister for Agriculture;
Vu le Decree No. 2000-815 of 25 August 2000 modified setting the annual duration of work in the public service of the State;
Vu le Decree No. 2002-759 of 2 May 2002 amended on the reception by detachment of officials of a Member State of the European Community or of another State Party to the agreement on the European Economic Area other than France in the public service of the State and amending the agreement Decree No. 85-986 of 16 September 1985 relating to the particular regime of certain positions of State officials and certain modalities for the final termination of functions;
Vu le Decree No. 2002-1294 of 24 October 2002 establishing the general provisions relating to the situation and the conditions of classification of nationals of the Member States of the European Community or any other State Party to the agreement on the European Economic Area, appointed in a body of officials of the State or its public institutions;
Vu le Decree No. 2005-1090 of 1 September 2005 relative to the advancement of rank in the bodies of state administrations;
Vu le Decree No. 2007-658 of 2 May 2007 the cumulative activities of public servants, non-public law officers and workers of state industrial establishments;
Considering Decree No. 2009-1031 of 26 August 2009 on the rules for the classification of persons appointed in the bodies of teachers and researchers of public higher education institutions under the Ministry of Agriculture;
Having regard to the advice of the ministerial technical committee dated 1 July 2009;
Considering the opinion of the Conseil supérieur de la service publique de l'État dated 16 July 2009;
The State Council (Section of Administration) heard;
The Council of Ministers heard,
Decrete:

  • CHAPTER IER: PERMANENT PROVISIONS Article 1 Learn more about this article...


    Article 1 of Decree No. 92-171 of 21 February 1992 is replaced by the following provisions:
    "Art. 1--The bodies of teachers-researchers governed by this decree are subject to the provisions of Title V of Book IX of the Code of Education and, for those of their provisions not derogating from it, the provisions of the law of 13 July 1983 referred to above, the law of 11 January 1984 and the decrees made for their application.
    "No direct or indirect distinction can be made between teachers and researchers because of their sex.
    "However, distinctions can be made between women and men for the designation by the authorities who are responsible for the members of the jury or constituted bodies for the recruitment, evaluation or career of teachers-researchers, in order to contribute to a balanced representation of women and men in these bodies. »

    Article 2 Learn more about this article...


    Article 2 of the same decree is supplemented by the following provisions:
    "Teachers in public higher education institutions under the Minister for Agriculture have a double mission of teaching and research. They contribute to the fulfilment of the missions of the public service of agricultural higher education defined in article L. 812-1 of the rural code and the missions of public agricultural education and vocational training defined in article L. 811-2 of the rural code as well as those of public research referred to in article L. 112-1 of the research code.
    "The teachers-researchers enjoy full independence and full freedom of expression in the exercise of their teaching functions and their research activities, subject to their reservations, in accordance with academic traditions, the principles of tolerance and objectivity.
    “Researchers may only be transferred upon request, in accordance with the procedure and under the conditions provided for in articles 29, 30 and 46. »

    Article 3 Learn more about this article...


    Article 3 of the same decree is replaced by the following provisions:
    "Art. 3.-The teachers-researchers participate in the development, through their research, and ensure the transmission, through their teaching, of knowledge under the initial and ongoing training defined in 1° of Article L. 812-1 of the Rural Code, including, where applicable, the use of information and communication technologies. They provide guidance, advice, tutoring and guidance to students. They organize their teachings within educational teams within the framework of departments and in liaison with professional circles.To this end, they establish cooperation with public or private companies. They contribute to lifelong training.
    "They have a mission, liaison or collaboration with other higher education institutions, major research institutions and the social and economic sectors involved:
    « 1° To ensure the initial and ongoing training of engineers, landscapers, teachers, researchers, business managers and, more generally, specialized executives and veterinarians in the areas defined in 1° of Article L. 812-1 of the Rural Code;
    « 2° To participate in the policy of development, expertise and scientific coordination through the activities of fundamental or applied research, including clinical, pedagogical, technological, and in the field of public health, which is pursued in the laboratories, departments and clinics of national veterinary schools, as well as in the valorization of its results. They contribute to the cooperation between research and all production sectors;
    « 3° To participate in agricultural and agro-industrial development and in the animation of the rural and territorial environment, as part of sustainable development;
    « 4° To contribute within the international scientific and cultural community to the transmission of knowledge and training in research and research and the progress of international research; they may also be entrusted with international cooperation missions;
    « 5° To contribute to the dialogue between science and societies, including through the dissemination of culture and scientific and technical information; they shall ensure, where appropriate, the conservation and enrichment of the collections entrusted to the establishments and may be entrusted with their agreement with documentary matters in these institutions;
    « 6° To participate in the examination and examination boards, in the National Research Teachers' Commission set out in Decree No. 92-172 of 21 February 1992 referred to above, as well as to the bodies provided by the rural code, the research code and the statutes of the institutions in which they are assigned. »

    Article 4 Learn more about this article...


    Article 4 of the same decree is replaced by the following provisions:
    "Art. 4.-Any teacher-researcher must have the opportunity to participate in the work of a research team, under conditions established by the Board of Directors, if any, in an institution other than its duty station. »

    Article 5 Learn more about this article...


    Article 6 of the same decree is replaced by the following provisions:
    "Art. 6.-I. ― The reference working time of the teachers-researchers shall be constituted equally, in accordance with the provisions of Article 5, by teaching activities and related tasks and by research activities in the following manner:
    "Educational services in the presence of students or students are determined in relation to an annual reference time of 128 hours or 192 hours of directed or practical work or 256 hours of clinical work or any equivalent combination of initial, continuing or distance training;
    "These teaching services are accompanied by the preparation and control of the related knowledge.
    "When teachers-researchers perform complementary teachings beyond their reference work time defined in this article, they receive compensation under conditions provided by decree.
    “II. ― Hourly equivalences applicable to each of the activities corresponding to the different functions of the teachers-researchers are subject to a national repository approved by order of the Minister for Agriculture.
    "The board of directors, in limited training, defines the general principles of the distribution of services between the different functions of the teachers-researchers referred to in section 3, and sets out the applicable hourly equivalences and the practical terms of counting.
    "III. ― In accordance with the general principles defined by the board of directors, the distribution of the teaching services of each teacher-researcher is established annually by decision of the director of the duty station, in the interest of the service.
    The teaching obligations may be, with the written agreement of the interested parties and after the advice of the Teachers' Council, reduced or increased over the period of reference based on the degree of participation of each teacher-researcher in the non-educational missions defined in section 3, such as the research, or the particular responsibilities he assumes. The modulation allows for a specific year to set the teaching service of a research teacher at a time between 0, 5 and 1, 5 times the reference service. The modulation can be part of an individual or collective project, scientific, educational or related to tasks of general interest. It can be considered in a multi-year manner.
    "Every teacher-researcher may request a re-examination of a refusal against his application for modulation after consultation with the board of directors of the institution, reduced to teachers-researchers of at least one rank equal to that of the individual. For lecturers, he is composed of lecturers and professors.
    "In the event that it appears impossible to assign the reference service to the teachers-researchers of an institution, the director of the institution may ask them to complete their services in the same institution, in the course of continuous or distance training, or in another public higher education institution for initial or continuing training, without the payment of additional hours.
    "The general principles for the distribution of service obligations and individual decisions for the assignment of services cannot jeopardize the fulfilment of the training commitments under the multi-year contract between the institution and the State.
    "All activities conducted by teachers-researchers are assessed by the National Commission of Teachers-Researchers governed by the Decree No. 92-172 of 21 February 1992, as defined in Article 7. »

    Article 6 Learn more about this article...


    Article 7 of the same decree is replaced by the following provisions:
    "Art. 7.-Each teacher-researcher shall, in accordance with the guidelines established by the Minister for Agriculture, at least every four years and whenever he is a candidate for promotion, report on activity. This report takes into account all the activities of the teacher-researcher and their possible developments, including any information regarding the conditions under which it has carried out the tasks defined in Article 3.
    "The director of the institution shall issue a notice on the teaching activities and tasks of general interest in the activity report of the person concerned; this notice is attached to the report and communicated to the interested party.
    "This report is requested to the individual on the occasion of a change of body, a request for transfer or integration at the end of a period of detachment. »

    Article 7 Learn more about this article...


    Article 8 of the same decree is amended as follows:
    1° In the second paragraph, the words: "to the decree-law of 29 October 1936 referred to above" are replaced by the words: "to Decree No. 2007-658 of 2 May 2007 on the cumulative activities of civil servants, non-public law officers and workers of state industrial establishments";
    2° In the third paragraph, the words "sections 25-2 and 25-3 of the above-mentioned Act of 15 July 1982" are replaced by the words "sections L. 413-8 to L. 413-14 of the search code".

    Article 8 Learn more about this article...


    In the last paragraph of Article 9 of the same Decree, the words: "the provisions of Article 25-1 of the Law of 15 July 1982 referred to above" are replaced by the words: "Articles L. 413-1 to L. 413-7 of the Research Code".

    Article 9 Learn more about this article...


    The last paragraph of Article 10 of the Decree is replaced by the following provisions:
    "The delegation may be pronounced for the purposes of articles L. 413-1 to L. 413-7 of the research code.
    "With the exception of the first paragraph of this article, the masters of interns conferences may be placed in a delegation if the host institution is an institution or research organization referred to in Book III of the Research Code and if the person concerned ensures at least one third of the annual reference duration of the teaching service.
    "However, when the intern lecturer is in delegation, the titularization decision is made after notice in accordance with the director of the institution or the research agency to which he is placed as a delegation, the director of the institution in which he provides his teaching service and the proceedings provided for in the fourth paragraph of Article 24. »

    Article 10 Learn more about this article...


    Article 13 of the same decree is amended as follows:
    1° In the first paragraph:
    (a) In the first sentence, the words "four years" are replaced by the words "five years, renewable";
    (b) In the second sentence, the words: "for the purposes of section 25-1 of the above-mentioned Act of 15 July 1982" are replaced by the words: "for the purposes of sections L. 413-1 to L. 413-7 of the search code";
    2° The last paragraph of section 13 is replaced by the following provisions:
    "Consequential investigators remain subject to the obligation to prepare the activity report under Article 7. »

    Article 11 Learn more about this article...


    In Article 13-1 of the same Decree, the words: "in accordance with the provisions of the last paragraph of Article 10" are replaced by the words: "in accordance with Articles L. 413-1 to L. 413-7 of the Research Code".

    Article 12 Learn more about this article...


    Article 13-2 of the same decree is amended as follows:
    1° In the first paragraph, the words: "of the last paragraph of Article 10" are replaced by the words: "the provisions set out in Articles L. 413-1 to L. 413-7 of the Research Code";
    2° In the second paragraph, the word "nine" is replaced by the word "eighth".

    Article 13 Learn more about this article...


    In article 14 of the same decree, the second paragraph shall be replaced by the following provisions:
    "Researchers can be detached from companies, private organizations or public interest groups to perform training, research, research, research and dissemination of scientific and technical information.
    "In this case, the detachment is pronounced by order of the minister responsible for agriculture, after the advice of the school's teachers, for a maximum of five years renewable.
    "This detachment may only be pronounced if the person concerned has not had in the past three years either to exercise the supervision or control of the undertaking, or to enter into contracts of any kind with it, or to make a notice on such contracts, or to propose decisions relating to transactions carried out by that undertaking, or to make an opinion on such decisions. »

    Article 14 Learn more about this article...


    Article 16 of the same decree is replaced by the following provisions:
    "Art. 16.- Upon the expiration of the detachment, the reinstatement of a teacher-researcher in his or her original body and in the same institution is carried out in full right under the conditions laid down by the decree of 16 September 1985 referred to above. It is pronounced by the minister responsible for agriculture. »

    Article 15 Learn more about this article...


    Article 18 of the same decree is replaced by the following provisions:
    "Art. 18.-I. ― Teacher-researchers in a position of activity governed by this decree may be granted a leave for research or thematic conversions for a period of six to twelve months per period of six years in a position of activity or detachment. However, those who have been appointed to a body of teacher-researchers for at least three years may be granted a first leave of this nature.
    "A six-month thematic search or conversion leave may be granted after maternity leave or parental leave at the request of the teacher-researcher.
    "The periodicity of each leave occurs at intervals of six years at the end of each leave regardless of its duration.
    "The beneficiaries of this leave remain in an activity position. They keep the pay for their grade. By derogation from the provisions of Decree No. 2007-658 of 2 May 2007 on the cumulative activities of civil servants, non-public law officers and workers of state industrial establishments, they cannot accumulate this remuneration with public or private remuneration.
    “II. ― Leave for research or thematic conversions are granted by order of the Minister for Agriculture. This order is taken in the light of the projects submitted by the candidates, on the proposal either of the scientific council of the institution or the proceeding taking place, or of the National Commission of Teachers-Researchers sitting in the formation provided for in the second paragraph of Article 17 of Decree No. 92-172 of 21 February 1992 referred to above.
    "If leave is proposed by the competent section of the National Research Teachers' Commission under the Minister for Agriculture, it may only be granted for a period of six months or one year.
    "If leave is proposed by the institution's scientific board or proceeding in lieu of leave, it may be granted in a single time or split within the same period of six years. In addition, in the event that the teacher-researcher does not justify the three-year seniority required in the first paragraph, a waiver may be granted to him by the director of his institution after favourable advice from the scientific council or the proceeding taking place within the framework of the institution's training and research policy.
    "III. ― Teachers who have served as Director of Public Institution of Higher Education shall be granted leave for research or thematic conversions upon request for a period of up to one year.
    "When a researcher conducts his or her research activities in an institution other than his or her institution of assignment, the scientific council or the proceeding in lieu of the institution within which the research activities are conducted shall exercise the prerogatives of the scientific council or the proceeding in lieu of the assignment establishment in the seventh paragraph. The procedures for the conduct of the leave are set out in a convention between the two institutions.
    "At the end of the leave, the individual addresses a report on his or her activities during that period to the director of his or her institution and the authorities initially consulted. »

    Article 16 Learn more about this article...


    Article 20 of the same decree is amended as follows:
    1° The first paragraph is replaced by the following:
    "I. ― Lecturers are recruited by competition to fill one or more vacancies in an establishment. » ;
    2° The fifth preambular paragraph is replaced by the following:
    "II. ― Candidates who do not have the diplomas listed in 1° and 2°, in particular in the specific disciplines of higher education under the Minister responsible for agriculture, but justifying titles, diplomas, qualifications, including professional, work or services of a level deemed equivalent to the job to be filled, may also be allowed to compete by decision of the Minister after the advice of the National Teachers' Research Commission, paragraph 17 »

    Article 17 Learn more about this article...


    Article 22 of the Decree is replaced by the following provisions:
    "Art. 22.-The contests provided for in Article 20 are competitions on titles, tests, works and services. They are open by joint order of the Minister for Public Service and the Minister for Agriculture. This order specifies the number of jobs to be filled and for each job the competent section of the National Research Teachers' Commission, the discipline concerned, the assignment establishment and the date of application.
    "A joint decision of the Minister for Agriculture and the Minister for Public Service, taken after notice of the Standing Committee of the National Research Teachers' Commission and under conditions fixed by order of the Minister for Agriculture, determines the nature of the tests and the modalities for organizing the competitions.
    "An order by the Minister for Agriculture, taken after notice of the board of teachers, the scientific council of the establishment or proceeding taking place, and the board of directors of the establishment of assignment, specifies the characteristics of the jobs to be filled. This order is published in the Official Journal of the French Republic. »

    Article 18 Learn more about this article...


    Article 23 of the same decree is replaced by the following provisions:
    "Art. 23.-The jury shall be instituted by order of the Minister for Agriculture under the following conditions:
    "For each contest, the Minister chooses the members of the jury after the advice of the president of the competent section of the National Research Teachers' Commission on the list prepared by the Director, after the advice of the school Teachers' Council, in which employment is to be filled.
    "When the chair of the section of the National Board of Researchers concerned is assigned to the establishment where the position is to be filled, the notice shall be rendered by the Vice-Chair of the Bureau of the same section selected from among the appointed members under section 4 of Decree No. 92-172 of 21 February 1992 relating to the National Board of Research Teachers under the Minister for Agriculture.
    "The jury must include the director of the assignment institution or his or her representative and a teacher-researcher of the assignment establishment at least equal to that of the job to be filled. Other members of the jury are selected from French or foreign personalities in the public or private sector known for their skills or work in areas related to the discipline.
    "One of the members holding the jury, chosen from outside the institution, is designated as president of the institution by the minister responsible for agriculture.
    "An order by the Minister for Agriculture specifies the conditions for the operation of these juries, including the conditions under which it may be provided for the replacement of the president in the event of an impediment.
    "For each job to be filled, the jury proposes the candidate declared admitted to the Minister for Agriculture. He can't offer any. He may prepare a supplementary list of other candidates who are deemed fit, ranked in order of merit. Each job may be filled by appealing, if necessary, to a candidate on this supplementary list. »

    Article 19 Learn more about this article...


    Article 24 of the same decree is amended as follows:
    1° After the first preambular paragraph, a sub-item reads as follows:
    "A staff member of a public administration, agency or institution, whose duties are comparable to those of the public servants referred to in theArticle 2 of the Act of 13 July 1983 referred to above, of a Member State of the European Community or of a State Party to the agreement on the European Economic Area other than France and occupying a job of a level equivalent to that of lecturer, can also be accommodated in detachment in the body of the lecturers. » ;
    2° The third paragraph is replaced by the following:
    "A request for detachment shall be the subject of a notice made by a commission made up of members of the council of teachers appointed by the latter and divided to parity between the lecturers and the teachers. This notice is provided to the competent section of the National Research Teachers Commission, which also provides a notice.
    "The National Commission of Researchers shall also exercise, for the requests of agents belonging to another Member State of the European Community or of another State Party to the European Economic Area only France, the powers vested in the Commission of equivalence established by Decree No. 2002-759 of 2 May 2002 relating to the reception of officials of a Member State of the European Community or of another State
    "The detachment is pronounced by the minister responsible for agriculture after collecting the above-mentioned opinions. »

    Rule 20 Learn more about this article...


    In the first paragraph of Article 25 of the Decree, the words: "to the Fourth, fifth and sixth paragraphs of Article 3 of Decree No. 92-173 of 21 February 1992," are replaced by the words: "in the second, third and fourth paragraphs of Article 3 of Decree No. 2009-1031 of 26 August 2009 on the rules of classification of persons appointed in the bodies of teachers-researchers of public higher education institutions under the Ministry of Agriculture."

    Article 21 Learn more about this article...


    In the first paragraph of Article 26 of the same Decree, in the first paragraph of Article 27 and in the third paragraph of Article 28 of the same Decree, the words "third paragraph" are replaced by the words "fourth paragraph".

    Article 22 Learn more about this article...


    In the first paragraph of Article 29 of the same Decree, the words "Article 4" are replaced by the words "Article 2" and the words "Notice of the section" are replaced by the words "Notice of the section".

    Article 23 Learn more about this article...


    In the table in section 33 of the same decree, the provisions for seniority required for access to the upper level are amended as follows:
    From the 1st step to the 2nd step of the normal class, the words "2 years" are replaced by the words "1 year".

    Article 24 Learn more about this article...


    Article 35 of the same decree is amended as follows:
    1° The first paragraph is replaced by the following:
    "The maximum number of normal class lecturers who can be promoted each year to the rank of Senior Lecturer is determined in accordance with the provisions of Decree No. 2005-1090 of 1 September 2005 relative to the advancement of rank in the bodies of state administrations. »
    2° In the second paragraph, the words: "in the limit of vacant budget jobs" are deleted.

    Rule 25 Learn more about this article...


    The last paragraph of Article 36 of the Decree is supplemented by the following provisions: "conciliarly with other teachers or researchers authorized to direct this work".

    Rule 26 Learn more about this article...


    Article 37 of the same decree is amended as follows:
    1° The first paragraph is replaced by the following:
    "I. ― Teachers are recruited by competition to fill one or more vacancies in an institution. »
    2° The fifth preambular paragraph is replaced by the following:
    "II. ― Candidates who do not have the diplomas listed in 1° and 2°, in particular in the specific disciplines of higher education under the Minister for Agriculture, but justifying titles, diplomas, qualifications, including professional, work or services of a level deemed equivalent to the job to be filled, may also be allowed to compete by decision of the Minister after the advice of the National Teachers' Training Commission first paragraph of Article 18 of Decree No. 92-172 of 21 February 1992 referred to above. »

    Rule 27 Learn more about this article...


    Article 39 of the same decree is amended as follows:
    1° The second sentence of the first paragraph is deleted;
    2° The last sentence of the second paragraph is replaced by the following:
    "The total number of jobs filled in this capacity cannot exceed 10% of the body's workforce. »

    Rule 28 Learn more about this article...


    The second paragraph of Article 40 of the Decree is replaced by the following provisions:
    "For each job to be filled, the jury proposes the candidate declared admitted to the Minister for Agriculture. He can't offer any. He may prepare a supplementary list of other candidates who are deemed fit, ranked in order of merit. Each job may be filled by appealing, if necessary, to a candidate on this supplementary list. »

    Rule 29 Learn more about this article...


    Article 41 of the same decree is amended as follows:
    1° The first paragraph is replaced by the following:
    "Can be placed in a position of detachment in the body of the professors, provided they are held in their original bodies for at least three years, the professors of the universities governed by the decree of June 6, 1984, the officials belonging to the body of the research directors under the decree of December 30, 1983 mentioned in the first paragraph of section 24 or to a body assimilated to that of the professors by decree of the minister responsible for agriculture. Agents of an administration, agency or public institution, whose missions are comparable to those of the officials mentioned in Article 2 of the above-mentioned Act of 13 July 1983, a Member State of the European Community or a State Party to the Agreement on the European Economic Area other than France and occupying a job of a level equivalent to that of professors, may also be accommodated in detachment in the body of the professors. »
    2° The third paragraph is replaced by the following:
    "A request for detachment shall be the subject of a notice made by a commission composed of members of the board of teachers appointed by the latter among the professors and assimilated. This notice is communicated to the competent section of the National Research Teachers' Commission also restricted to professors and assimilations.
    "The National Commission of Researchers shall also exercise, for the requests of agents belonging to another Member State of the European Community or of another State Party to the European Economic Area only France, the powers vested in the Commission of equivalence established by Decree No. 2002-759 of 2 May 2002 relating to the reception of officials of a Member State of the European Community or of another State
    "The detachment is pronounced by the minister responsible for agriculture after collecting the above-mentioned opinions. »

    Rule 30 Learn more about this article...


    In the first paragraph of section 42 of the same decree, the words: "in the fourth, fifth and sixth paragraphs of section 3 of the above-mentioned Decree No. 92-173 of 21 February 1992" are replaced by the words: "in the second, third and fourth paragraphs of section 3 of Decree No. 2009-1031 of 26 August 2009 on the rules for the classification of persons appointed in the bodies of public teachers responsible for the establishments of the minister

    Rule 31 Learn more about this article...


    In article 45 of the same decree, the words "third paragraph" are replaced by the words "fourth paragraph".

    Rule 32 Learn more about this article...


    In section 46 of the same decree, the words "article 4" are replaced by the words "article 2".

    Rule 33 Learn more about this article...


    In the table in section 49 of the same decree, the provisions for seniority required for access to the upper level are amended as follows:
    1° From the 5th grade to the 6th grade, the words "5 years" are replaced by the words "3 years 6 months";
    2° From the 1st step to the 2nd step of the 1st class, the words "4 years 4 months" are replaced by the words "3 years";
    3° From the 2nd step to the 3rd step of the 1st class: the words "4 years 4 months" are replaced by the words "3 years".

    Rule 34 Learn more about this article...


    The first paragraph of Article 50 of the Decree is replaced by the following provisions:
    "The advancement of the 2nd to the 1st class of teachers takes place at the choice. »

    Rule 35 Learn more about this article...


    Article 51 of the same decree is amended as follows:
    1° The first paragraph is replaced by the following:
    "The maximum number of 2nd class teachers who can be promoted each year to the 1st class is determined in accordance with the provisions of Decree No. 2005-1090 of 1 September 2005 on the advancement of rank in the bodies of state administrations. The maximum number of 1st class teachers who can be promoted each year to the exceptional class is determined in the same way.
    "The number of professors at the 1st level of the exceptional class who can be promoted at the 2nd level of this class is determined annually by application to the staff of the teachers meeting the conditions to be promoted from a rate set by decree of the minister responsible for agriculture.
    "Before signing by the Minister for Agriculture, the proposed Order setting the promotion rate is forwarded for notice in accordance with the Minister for Public Service and the Minister for Budget. This notice is deemed to have been obtained in the absence of an observation within 10 working days from the receipt of the referral. This order is forwarded for publication to the Official Journal of the French Republic, accompanied by a notice in accordance with the Minister for Public Service and the Minister for Budget or, where applicable, of the document establishing that they have been seized. » ;
    2° In the fourth paragraph, the words "second and third paragraphs" are replaced by the words "fourth and fifth paragraphs".

    Rule 36 Learn more about this article...


    The last paragraph of Article 52 of the Decree is replaced by the following provisions:
    "Emeritus professors can continue to offer a competition, incidentally and gracefully, to the tasks set out in Article 3, and in particular can lead seminars, theses and participate in thesis or empowerment jury. »

    Rule 37 Learn more about this article...


    Title IV of the same decree, up to section 80 included, is repealed, with the exception of sections 53, 59, the first and last paragraphs of section 60 as well as section 61.

  • CHAPTER II: TRANSITIONAL AND FINAL PROVISIONS Rule 38 Learn more about this article...


    The lecturers and professors of agricultural higher education according to the date of publication of this decree, interested in the provisions of Articles 23 and 33 above, are reclassified to class and level identity, with the preservation of the seniority acquired within the time limit of the new step.

    Rule 39 Learn more about this article...


    This Order comes into force on the first day of the month following its publication.

    Rule 40 Learn more about this article...


    The Prime Minister, the Minister of Budget, Public Accounts, Public Service and State Reform and the Minister of Food, Agriculture and Fisheries are responsible, each with respect to him, for the implementation of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, August 26, 2009.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

Minister of Food,

agriculture and fisheries,

Bruno Le Maire

Minister of Budget, Public Accounts,

Civil Service

and state reform,

Eric Woerth


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