Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Finance and Industry and the Minister of Budget, Public Accounts, Public Service and State Reform, Government Spokesperson,
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. 82-451 of 28 May 1982 amended on parity administrative commissions;
Vu le Decree No. 85-986 of 16 September 1985 amended on the particular regime of certain positions of State officials, the provision, integration and the final termination of functions;
Vu le Decree No. 94-874 of 7 October 1994 Amending the common provisions applicable to State interns and its common provisions;
Vu le Decree No. 94-1016 of 18 November 1994 Amending the common statutory provisions applicable to various staff in category B;
Vu le Decree No. 2002-682 of 29 April 2002 amended on the general conditions for the assessment, appraisal and advancement of State officials;
Vu le Decree No. 2004-1105 of 19 October 2004 concerning the opening of recruitment procedures in the public service of the State;
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. 2007-119 of 30 January 2007 Status of category A deconcentrated services of the General Directorate of Competition, Consumption and Suppression of Frauds;
Vu le Decree No. 2007-196 of 13 February 2007 amended on the qualification equivalencies required to compete in public service access competitions and employment frameworks;
Vu le Decree No. 2008-370 of 18 April 2008 organizing the conditions for the exercise of functions, in a position of activity, in the state administrations;
Vu le Decree No. 2009-1388 of 11 November 2009 amended bringing statutory provisions common to various bodies of officials of category B of the public service of the State;
Considering the advice of the single ministerial technical committee to the Ministry of Economy, Industry and Employment and the Ministry of Budget, Public Accounts and State Reform of November 9, 2010;
The State Council (Section of Administration) heard,
Decrete:
The body of the Comptrollers of Competition, Consumption and Suppression of Frauds, classified in Category B as provided for in Article 29 of the Act of 11 January 1984 referred to above, is governed by the provisions of decree of 11 November 2009 referred to above and those of this decree.
The Comptrollers of Competition, Consumption and Suppression of Fraud include the following grades:
1° 2nd class controller of competition, consumption and crackdown;
2° 1st class controller of competition, consumption and crackdown;
3° Senior Comptroller of Competition, Consumption and Suppression of Frauds. These grades are assimilated to the first, second and third grades mentioned by the decree of 11 November 2009 referred to above.
The Minister responsible for the economy appoints all jobs as controllers of competition, consumption and the suppression of fraud.
Officials governed by this title shall participate, under the authority of Class A officers, in the exercise of the duties entrusted to the General Directorate of Competition, Consumption and Suppression of Frauds.
As such, they conduct, inter alia, monitoring and reporting of offences. They may also participate in inspection missions and perform investigative and information functions. They carry out their duties in central administration, in decentralized services and in their national jurisdiction.
I. ― Comptrollers of competition, consumption and repression of second-class fraud are recruited:
1° Through two external competitions:
(a) A competition with dominant legal and economic;
(b) A competition with dominant scientific and technological.
These two external competitions are open to candidates with a bachelor's degree, a degree or a degree classified at least at level IV or a qualification recognized as equivalent to one of these titles or diplomas under the conditions fixed by the decree of 13 February 2007 referred to above.
2° Through two internal competitions:
(a) An internal competition is open to government officials and officials, territorial authorities and public institutions that depend on it, including those mentioned in theArticle 2 of Act No. 86-33 of 9 January 1986 bringing statutory provisions relating to the hospital public service, the military and the incumbents in an intergovernmental international organization on the closing date of registration, with at least four years of public service as of 1 January of the year for which the competition is held.
This competition is also open to candidates for four years of service to an administration, agency or institution referred to in the third paragraph of the second paragraph of Article 19 of the Act of 11 January 1984 referred to above, subject to the conditions set out in that paragraph.
(b) Within the limit of 40%, employment in a competition may be offered to a special intern, open to competition, consumer and fraud control assistants, which warrants, as of January 1 of the year of the competition, at least six months of public service.
3° Upon election, after registration on a suitability list established after notice of the parity administrative commission.
Can be registered on the suitability list of Assistants for the Control of Competition, Consumption and Suppression of Frauds, which justify, as of December 31 of the year of their appointment, at least nine years of public service.
The total number of appointments that may be pronounced may not exceed two-fifths of the total number of appointments made under 1° and 2°, long-term detachments and direct integrations.
II. ― separate main and complementary admission lists are established for each competition at the end of the tests.
The general rules for the organization of the competitions, the nature and program of the tests are set by joint order of the Minister for the Public Service and the Minister for the Economy.
The conditions for the organization of the competitions and the composition of the jury are fixed by order of the Minister responsible for the economy.
The number of places to be filled between the various contests is divided by order of the Minister responsible for the economy. The number of seats available for each external or internal channel is 50 per cent of the total number of seats available for the competition.
Places for competitions that would not have been filled by the nomination of candidates for external competitions or one of the internal competitions may be awarded to one of the other contests, within 10% of the total number of places filled by competition.
I. ― Candidates admitted to competitions under 1° and 2° of I of Article 5 are appointed controllers of competition, consumption and repression of fraud of 2nd class interns and classified under the conditions provided for in Articles 13 to 20 and 23 of the decree of 11 November 2009 referred to above.
The appointment as an intern controller of a candidate on a supplementary list may not be made beyond a period of one month following the commencement date of the intern training period.
II. ― The Comptroller of Competition, Consumption and Repression of 2nd Intern Class Frauds is obliged to remain in the service of the State for a minimum period of five years. In the event of a breach of this obligation more than three months after the date of taking office as a trainee, the agent must pay to the Treasury an amount equal to the amount of the salary and residence allowance received during the period of the internship. This amount, which may be adjusted for the duration of the services performed, is determined by order of the Minister responsible for the budget.
The duration of service carried out in a job under the territorial public service or in the hospital public service or in the services of the European Union or in the administration of a Member State of the European Union or another State Party to the European Economic Area Agreement shall be taken into account under the undertaking to serve referred to in the preceding paragraph.
III. ― Trainee controllers complete a one-year internship. This course is organized in whole or in part in a training centre in accordance with the terms defined by order of the Minister responsible for the economy and the Minister responsible for the public service.
IV. ― Upon completion of the internship, the intern controllers are held if they are recognized as fit to perform their duties.
Comptrollers who have not been registered at the end of the course may be allowed to complete a complementary course of up to one year.
Comptrollers who have not been allowed to perform a complementary internship or whose complementary training has not given satisfaction are either terminated if they did not previously have the quality of an employee, or reintegrated into their original body or employment framework.
The duration of the internship is taken into account for the progress of one year.
The controllers recruited pursuant to the b of the 2nd I and the 3rd I of Article 5 shall be held on appointment and shall be classified under the conditions provided for in Articles 13 to 20 and 23 of the decree of 11 November 2009 referred to above.
Comptrollers recruited under the b of 2° I of Article 5 are required to undergo special vocational training.
The number of appointments that may be pronounced under 3° of Article 5 may be calculated by applying a proportion of one-fifth to 5% of the staff in the position of activity and detachment in the body or employment frameworks of origin as of December 31 of the year preceding that in respect of which appointments are pronounced, where this method of calculation allows a higher number of appointments than that resulting from the appointments made by the appointments.
The average length of time spent in each of the ranks of the body of the controllers of the competition, consumption and repression of fraud is fixed in accordance with the article of decree of 11 November 2009 referred to above.
I. ― The conditions for access to the rank of competition controller, consumption and repression of 1st class frauds and the rank of main controller of competition, consumption and repression of frauds are fixed in accordance with provisions of Article 25 of the Decree of 11 November 2009 referred to above.
II. ― The professional examination referred to in 1° of I and II of Article 25 of the aforementioned decree is replaced by a professional examination.
III. ― For the application of the 1st of I and II of Article 25 of the same decree, the conditions of seniority in the rank and actual services in the grade are appreciated as of December 31 of the year under which the professional competition is organized.
IV. ― For the application of 2° of I and II of section 25 of the same decree, the conditions of seniority in the rank and actual services in the grade are appreciated as of December 31 of the year in which the progress table is established.
Following the examinations of the professional competitions, the jury determines by order of merit a main list and a supplementary list of the successful candidates. The validity of the supplementary list automatically ceases on the date of the start of the next competition and, no later than two years after the date of its establishment.
Officials promulgated pursuant to I and II of Article 25 of the Decree of 11 November 2009 are classified according to the I and II of Article 26 of the same Decree.
The maximum number of public servants who can be promoted each year to each of the grades of advancement is set by Article 27 I of the same decree.
I. ― On the date of entry into force of this decree, the controllers of competition, consumption and repression of frauds governed by the Decree No. 95-375 of 10 April 1995 relating to the specific status of the body of competition, consumption and crackdown controllers are reclassified in accordance with the following correspondence table:
| Main Controller | | |
| 7th step | 9th step | Formerly acquired |
| 6th step | 8th step | 1/4 of acquired seniority, increased by two years |
| Step 5: | | |
| ― from a year | 8th step | Older acquired beyond a year |
| - before a year | 7th step | Older acquired aged two years |
| Step four: | | |
| ― from a year | 7th step | Older acquired beyond a year |
| - before a year | 6th step | Older acquired aged one year |
| 3rd step | 6th step | 2/5 of acquired seniority |
| 2nd step: | | |
| ― from a year | 5th step | 4/3 of the old age acquired beyond a year |
| - before a year | 4th step | Twice acquired seniority |
| 1 step | 3rd step | Formerly acquired |
| 1st Class Controller | | |
| 8th step | 12th step | Older acquired aged two years |
| Step 7: | | |
| ― from two years | 12th step | Formerly acquired beyond two years |
| - before two years | 11th step | Older acquired aged two years |
| Step 6: | | |
| ― from a year six months | 11th step | 4/3 of the old age acquired beyond a year six months |
| before a year six months | 10th step | 4/3 of the old age acquired, increased by one year |
| Step 5: | | |
| ― from two years | 10th step | Formerly acquired beyond two years |
| - before two years | 9th step | Older acquired aged one year |
| Step four: | | |
| ― from a year six months | 9th step | Formerly acquired beyond a year six months |
| before a year six months | 8th step | 4/3 of the old age acquired, increased by one year |
| Step three: | | |
| ― from a year | 8th step | Older acquired beyond a year |
| - before a year | 7th step | Twice the acquired seniority, increased by one year |
| 2nd step: | | |
| ― from a year | 7th step | Older acquired beyond a year |
| - before a year | 6th step | 3/2 of acquired seniority, increased by one year six months |
| 1 step | 6th step | Formerly acquired |
| 2nd Class Controller | | |
| 13th step | 12th step | Formerly acquired |
| 12th step | 11th step | Formerly acquired |
| 11th step | 10th step | Formerly acquired |
| 10th step | 9th step | Formerly acquired |
| 9th step | 8th step | Formerly acquired |
| 8th step | 7th step | Formerly acquired |
| 7th step | 7th step | Not old |
| Step 6: | | |
| from six months | 6th step | 4/3 of the seniority acquired beyond six months, increased by one year |
| before six months | 6th step | Twice acquired seniority |
| 5th step | 5th step | 4/3 of the old age acquired, increased by one year |
| Step four: | | |
| ― from a year | 5th step | Twice the seniority acquired beyond a year |
| - before a year | 4th step | 3/2 of acquired seniority, increased by six months |
| Step three: | | |
| ― from a year | 4th step | Older acquired beyond a year |
| - before a year | 3rd step | Twice acquired seniority |
| 2nd step | 2nd step | 4/3 of acquired seniority |
| 1 step | 1 step | Formerly acquired |
I. ― On the date of entry into force of this decree, officials detached from the body of the controllers of the competition, the consumption and the suppression of frauds governed by the Decree No. 95-375 of 10 April 1995 relating to the particular status of the body of the controllers of competition, consumption and repression of fraud are placed, for the duration of their remaining detachment, in a position of detachment in the body of the controllers of competition, consumption and repression of fraud governed by this decree. They are classified in this body in accordance with the provisions of Article 14 of this decree.
II. ― Interested persons retain the reductions and increases of seniority granted and not used for a level advancement in their former body.
III. ― Services performed in detachment position in their former bodies and grades are assimilated to services performed in detachment position in the body and grades of integration.
I. ― The winners of the competitive examinations opened in the body of the competition, consumer and law enforcement inspectors whose opening order was published before the date of entry into force of this decree, which were appointed as interns and began their internship in the body of the competition, consumption and crackdown controllers before that same date, continue to do so.
II. ― The winners of the contests mentioned in I whose appointment has not been made in the body to which these contests give access before the date of entry into force of this decree may be appointed as a 2nd class intern controller in the body of the controllers of competition, consumption and repression of frauds governed by this decree.
III. ― Complementary lists established by the jury of the competitions referred to in I may be used in order to fill vacancies falling within the rank of 2nd class controller of competition, consumption and crackdown, governed by this decree.
I. ― The professional competition for access to the rank of principal controller of competition, consumption and repression of frauds whose closing date of registration occurs before the date of entry into force of this decree remains governed by the the provisions of Article 11 of the Decree of 18 November 1994 referred to above and continues until its end.
The complementary list prepared by the jury of the professional competition referred to in the first paragraph may be used to fill vacant jobs that fall under the rank of the main controller of competition, consumption and crackdown.
II. ― Public servants promoted pursuant to I after the date of entry into force of this decree are classified as the principal controller of competition, consumption and repression of fraud, taking into account the situation that would have been theirs if they had been promoted in this rank in accordance with the provisions of decree of 18 November 1994 referred to abovethen reclassified to the date of their promotion in accordance with the provisions of Article 14 of this Decree.
III. ― Appointments made in the year in which the competition was organized under I and II apply to the number of appointments to the rank of chief controller of competition, consumption and the repression of frauds acting in accordance with provisions of 1° of II of Article 25 of the decree of 11 November 2009 referred to above.
I. ― The progress tables for the year 2011 for access to the ranks of 1st Class Comptroller and Principal Comptroller of Competition, Consumption and Fraud Repression remain valid until December 31 of that same year.
II. ― Public servants promoted pursuant to I after the date of entry into force of this Order shall be classified in the ranks of 1st class controller of competition, consumption and repression of fraud or chief controller of competition, consumption and repression of fraud, taking into account the situation that would have been theirs if they had been promulgated in either of these grades in decree of 18 November 1994 referred to abovethen reclassified to the date of their promotion in accordance with the provisions of Article 14 of this Decree.
Contractual agents recruited under section 27 of the above-mentioned Act of 11 January 1984, which are intended to be held in the rank of 2nd class controller of competition, consumption and repression of frauds governed by the Decree No. 95-375 of 10 April 1995 relating to the particular status of the body of the controllers of competition, consumption and punishment of fraud are maintained in office and are intended to be held in the rank of controller of the 2nd class of competition, consumption and repression of fraud governed by this decree.
The terms of reference of the members of the relevant Joint Administrative Commission in respect of the body of the Comptrollers of Competition, Consumption and Suppression of Frauds are maintained until its renewal.
I. ― The reference is to "Competition, Consumption and Suppression of Frauds" in annex I to the above-mentioned decree of 18 November 1994.
II. ∙ The reference to "Competition, Consumption and Suppression of Frauds" is entered in Annex to the above-mentioned Decree of 11 November 2009.
Decree No. 95-375 of 10 April 1995 on the special status of the body of the controllers of competition, consumption and punishment of fraud is repealed.
In all existing regulatory provisions for competition, consumer and fraud enforcement controllers, the reference to Decree No. 95-375 of 10 April 1995 relating to the particular status of the body of the controllers of competition, consumption and repression of fraud is replaced by that of this decree.
Without prejudice to the recruitment of inspectors of competition, consumption and repression of fraud carried out under theArticle 7 of the Decree of 30 January 2007, Inspectors of Competition, Consumption and Suppression of Frauds may be recruited for the years 2011, 2012 and 2013 through a professional examination conducted under section 26 of the above-mentioned Act of 11 January 1984.
This review is open to the main controllers of competition, consumption and enforcement of fraud, to the first-class controllers of competition, consumption and repression of fraud and to the second-class controllers of competition, consumption and repression of fraud that have reached, for the latter, at least the sixth-level of their rank and with at least five years of effective services in their bodies. The condition of grade or level of detention is assessed on January 1 of the year for which the examination is conducted.
The general organization rules and the nature of the examination under section 23 shall be determined by joint order of the Minister for Economics and the Minister for Public Service.
The number of jobs available for review under section 23 is determined by a joint order of the Minister for Economics, the Minister for Budget and the Minister for Public Service, within a proportion of 50% of the recruitments for external competitions opened for the host body.
The inspectors of competition, consumption and repression of fraud recruited through the review under section 23 are held on appointment. They are required to undergo training to adapt to their new employment under the conditions set out by a joint order of the Minister for the Economy and the Minister for the Public Service.
The Minister of Economy, Finance and Industry, the Minister of Budget, Public Accounts, Public Service and State Reform, Spokesperson of the Government, and the Secretary of State to the Minister of Budget, Public Accounts, Public Service and State Reform, responsible for the public service, are responsible, each in respect of it, for the execution of this decree, which will come into force in January 2011
Done on 30 December 2010.
François Fillon
By the Prime Minister:
Minister of Economy,
finance and industry,
Christine Lagarde
Minister of Budget, Public Accounts,
public service and state reform,
Government spokesperson,
François Baroin
Secretary of State
to the Minister of Budget,
Public Accounts, Public Service
and state reform,
Public Service,
Georges Tron
