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Public officials concerned: Category B technical officials of the Ministry of Defence.
Subject: update the specific status of the body of the engineering and manufacturing of the Ministry of Defence and allow for three years exceptional recruitment in this body.
Entry into force: the provisions of the decree come into force concurrently with those of the new status of the body of the superior engineering and manufacturing technicians of the Ministry of Defence.
Notice: the text amends the specific status of the body of the design and manufacturing engineers of the Ministry of Defence to take into account the reform of the technical category B of the Ministry of Defence and authorizes the organization of special internal access examinations to the body of the engineering and manufacturing engineers of the Ministry of Defence for a period of three years.
References: The decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Defence and Veterans Affairs,
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. 89-750 of 18 October 1989 amended with special status of the body of engineering and manufacturing of the Ministry of Defence;
Vu le Decree No. 2006-1827 of 23 December 2006 amended with respect to the rules of the level classification following the appointment in certain category A bodies of the public service of the State;
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;
Vu le Decree No. 2010-329 of 22 March 2010 bringing statutory provisions common to various employment frameworks of officials in Category B of the territorial public service;
Vu le Decree No. 2011-661 of 14 June 2011 bringing statutory provisions common to various staff of category B of the public hospital service;
In view of Decree No. 2011-964 of 16 August 2011 on the special status of the body of the superior technicians of studies and manufactures of the Ministry of Defence;
Considering the advice of the Department of Defence's Joint Technical Committee dated March 14, 2011;
Considering the opinion of the Supreme Council of the State Civil Service of 14 June 2011;
The State Council (Section of Administration) heard,
Decrete:
Article 5 of the aforementioned Decree of 18 October 1989 is replaced by the following provisions:
"Art. 5.-The proportion of appointments of superior technicians of study and manufacturing of the first class of the Ministry of Defence who may be pronounced annually in the body of engineering studies and manufacturing by means of a list of aptitude established after notice of the parity administrative commission is at least one fifth and a maximum of one third of the number of appointments made under the 1st and 2nd of the decree of the Administrative Committee of September
The proportion of one-fifth to one-third may be applied to 5% of the number of employees in the position of activity and detachment in the body of engineers of study and manufacturing considered as of December 31 of the year prior to that in respect of which appointments are pronounced when this method of calculation allows a higher number of appointments than that resulting from the application of the preceding paragraph. »
Without prejudice to article 3 of the decree of 18 October 1989 referred to above, recruitments in the body of the design and manufacturing engineers of the Ministry of Defence may be held, on an exceptional basis, each year for three years from the entry into force of Decree No. 2011-964 of 16 August 2011 and up to annual quotas fixed by joint decree of the Minister for Defence, the Minister for Budget and the Minister for Public Service.
The jobs of engineers of study and manufacturing referred to in the preceding paragraph shall be filled by special internal examinations open to the relevant officers, at the date of entry into force of Decree No. 2011-964 of 16 August 2011 referred to above, of the corps of the superior technicians of studies and manufacturing of the Ministry of Defence governed by the provisions of the Decree No. 89-749 of 18 October 1989 relating to the status of the superior technicians of studies and manufactures of the Ministry of Defence and justifying four years of actual service in the body governed by Decree No. 2011-964 of 16 August 2011 to 31 December of the year under which appointments in the body of engineering and manufacturing are pronounced.
These competitions consist of a professional selection of the same kind as that mentioned in the ninth paragraph of section 19 of the above-mentioned Act of 11 January 1984.
The nature, the testing program and the general organization rules of these competitions are determined by joint order of the Minister for Defence and the Minister for Public Service.
The Minister in charge of defence shall determine the modalities for organizing these contests and shall determine the composition of the jury.
I. ∙ Derogation from provisions of Article 5 of the Decree of 23 December 2006 referred to above, agents governed by the provisions of the decrees of 11 November 2009, 22 March 2010 and 14 June 2011 whose appointment in the body of engineers of study and manufacturing is made pursuant to article 2 of this decree or of articles 3 and 5 of the decree of 18 October 1989 referred to above before 31 December 2012 are classified in accordance with the following table:
| 11th step | 9th step | Not old |
| 10th step | | |
| From 2 years | 9th step | Not old |
| Two years | 8th step | Formerly acquired |
| 9th step | 8th step | Not old |
| 8th step | | |
| From six months | 7th step | Formerly acquired |
| Six months | 6th step | Not old |
| 7th step | 6th step | Not old |
| 6th step | 5th step | Not old |
| 5th step | 5th step | Not old |
| 4th step | 4th step | Formerly acquired |
| 3rd step | 4th step | Not old |
| 2nd step | 3rd step | Not old |
| 1 step | 2nd step | Formerly acquired |
| 13th step | 7th step | Not old |
| 12th step | 7th step | Not old |
| 11th step | | |
| From a year | 6th step | Not old |
| Before a year | 5th step | Older acquired aged one year six months |
| 10th step | | |
| From 6 months | 5th step | 3/5 of old age acquired, beyond six months |
| Before 6 months | 5th step | Not old |
| 9th step | | |
| From 6 months | 5th step | Not old |
| Before 6 months | 4th step | Older acquired aged one year six months |
| 8th step | 4th step | 1/2 of acquired seniority |
| 7th step | | |
| From a year | 4th step | Not old |
| Before a year | 3rd step | Not old |
| 6th step | 3rd step | Not old |
| 5th step | 2nd step | Formerly acquired |
| 4th step | 2nd step | Not old |
| 3rd step | | |
| From a year | 2nd step | Not old |
| Before a year | 1 step | Not old |
| 2nd step | 1 step | Not old |
| 1 step | 1 step | Not old |
| 13th step | 6th step | Older acquired aged two years |
| 12th step | 6th step | 1/2 of acquired seniority |
| 11th step | 6th step | Not old |
| 10th step | 5th step | Formerly acquired |
| 9th step | 4th step | 1/2 of the acquired seniority, increased by one year |
| 8th step | 4th step | 1/3 of acquired seniority |
| 7th step | 3rd step | Formerly acquired |
| 6th step | 2nd step | Formerly acquired |
| 5th step | 2nd step | Not old |
| 4th step | | |
| From six months | 2nd step | Not old |
| Six months | 1 step | Older acquired six months |
| 3rd step | 1 step | 1/4 of acquired seniority |
| 2nd step | 1 step | Not old |
| 1 step | 1 step | Not old |
Effective January 1, 2013 and until December 31, 2015, the agents referred to in section 3 are classified in accordance with the table of the same article and, in addition, when they are appointed to the body of engineering and manufacturing, benefit from an upgrade of seniority applied to the situation in the grade of engineering and manufacturing resulting from the application of this table.
This bonus is equal to the period between January 1, 2013 and the date of appointment in the body of engineering and manufacturing.
This enhancement, however, cannot lead to placing the persons concerned in a more favourable situation than the one that would have been theirs if they had been classified in application of the provisions of Article 5 of the Decree of 23 December 2006 referred to above.
The Minister of Defence and Veterans Affairs, the Minister of Budget, Public Accounts and State Reform, spokesman of the Government, and the Minister of 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 on 16 August 2011.
François Fillon
By the Prime Minister:
Minister of Defence
and veterans,
Gérard Longuet
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
The Minister of Public Service,
François Sauvadet
