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Decree No. 2011 - 1089 Of September 9, 2011, On The Special Status Of The Body Of The Supervisory Staff Of The Directorate-General Of External And Security Chief Of Domestic Service Employment

Original Language Title: Décret n° 2011-1089 du 9 septembre 2011 portant statut particulier du corps du personnel de surveillance de la direction générale de la sécurité extérieure et relatif à l'emploi de chef de service intérieur

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OFFICE, PUBLIC FUNCTION, ASSESSMENT , ASSESSMENT ,


JORF n°0211 of 11 September 2011
text No. 3



Decree No. 2011-1089 of 9 September 2011 on the special status of the body of the supervisory staff of the General Directorate of External Security and on the use of head of internal service

NOR: DEFH1113455D ELI: https://www.legifrance.gouv.fr/eli/decret/2011/9/DEFH1113455D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2011/9/2011-1089/jo/texte


Public officials concerned: officers belonging to the supervisory staff of the General Directorate of External Security.
Subject: statutory provisions.
Effective October 1, 2011.
Notice: the decree adapts to officials belonging to the body of the supervisory personnel of the General Directorate of External Security the statutory provisions applicable to the category C bodies of the State administrations. It sets out the terms of recruitment, advancement and detachment.
References: This 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 and the Minister of Public Service,
Vu le Defence code ;
Vu la Act No. 53-39 of 3 February 1953 relating to the development of appropriations for the operation of civil services for the year 1953 (Chair of Council), including section 2;
Vu le Decree No. 71-990 of 13 December 1971 modified on the jobs of head of internal service of state administrations and public institutions;
Vu le Decree No. 94-874 of 7 October 1994 Amending the common provisions applicable to trainees of the State and its public institutions;
Vu le Decree No. 2004-1105 of 19 October 2004 amended on 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. 2005-1228 of 29 September 2005 modified for the organization of Category C careers;
The State Council (Section of Administration) heard,
Decrete:

  • PART I: PROVISIONS PORTING STATUS OF THE PERSONNEL OF SURVEILLANCE OF THE GENERAL DIRECTION OF THE EXTERNAL SECURITY
    • Chapter 1: General provisions Article 1 Learn more about this article...


      The supervisory staff of the General Directorate of External Security, classified in category C, shall be governed by the provisions of this decree and those of Decree of 29 September 2005 and the statutory provisions applicable to the general direction of external security.

      Article 2 Learn more about this article...


      The Supervisory Personnel of the General Directorate of External Security includes the following grades:
      1° Monitor with 11 steps;
      2° 2nd Class Principal Monitor, comprising 11 steps;
      3° Principal 1st class supervisor, with 7 steps.
      The average and minimum length of time spent in each step is those provided by the Decree of 29 September 2005 mentioned above.

      Article 3 Learn more about this article...


      The Supervisory Personnel of the General Directorate of External Security shall ensure the protection of the facilities of the General Directorate of External Security and shall participate in any security mission concerning the property and persons ordered by the Director General. Principal level supervisors may be responsible for a team of supervisors.
      For the performance of the missions provided for in the preceding paragraph, the supervisory personnel shall perform their duties, unless otherwise instructed, held and armed. When the surveillance personnel are on mission outside the premises of the General Directorate of External Security, the weapon port is authorized for the protection of persons and property whose general direction of external security is responsible.
      As part of its functions, the surveillance personnel are required to take physical and sporting training and training in the use of weapons.
      He is also involved in an annual fitness medical visit.

    • Chapter 2: Recruitment Article 4 Learn more about this article...


      Supervisors are recruited by external and internal competition under the conditions set out in Article 5. These competitions include eligibility tests and admission tests.
      Applicants to either of these contests must meet the conditions necessary to grant an authorization to carry arms.
      Applicants to the above-mentioned contests must be recognized as fit for the corresponding jobs, after a medical examination prior to the examination of the examinations by a doctor approved by the administration. A joint order of the Minister for Defence and the Minister for Public Service sets out the conditions for physical, medical and psychological fitness required for candidates for the competition.

      Article 5 Learn more about this article...


      I. ― The external competition is open to candidates who are at least twenty-one years of age and forty years of age at the latest as of January 1 of the year of the competition, without qualification.
      II. ― The internal competition is open to officials and non-public servants of the general direction of external security and to officials and non-public servants of the State, the territorial public service and the public hospital service and the military.
      Applicants to the internal competition must justify at least one year of actual civilian or military service as of January 1 of the year of the contest and be at least twenty-one years of age and, at the latest, forty years of age.
      III. ― Candidates mentioned in I and II who reach the age limit set for the external competition and the internal competition for a year in which no competitions have been opened may compete in the following contest.
      IV. ― Where, for the same year, an external competition and an internal competition are held, the number of positions offered to each of the two contests may not be less than one third or more than two thirds of the total number of positions offered to the two contests.
      The jobs offered to one of the contests that would not have been filled can be awarded to candidates from the other contest.
      The above-mentioned upper age limits are subject to the postponements provided for in the current regulations applicable to State civil service officials.
      V. ― Recruitment shall be open by order of the Minister of Defence, following the Minister of Public Service's notice in accordance with the conditions established by the Minister of Defencearticle 2 of the decree of 19 October 2004 referred to above.
      The general rules for the organization of the competition, the nature and program of the tests are set by a joint order of the Minister for Public Service and the Minister for Defence.
      The conditions for organizing the competitions and the composition of the jury are set by the Minister for Defence, who appoints the members of the jury.

      Article 6 Learn more about this article...


      Applicants admitted to the external and internal competitions are appointed as an intern supervisor and complete a one-year internship. For the duration of the internship, the provisions of the decree of 7 October 1994 referred to above they are applicable.
      At the end of the course, trainees whose services have been satisfied are registered.
      Trainees who have not been registered may be allowed to complete a complementary internship for a maximum of one year. If the complementary course is deemed satisfactory, the participants are held.
      Trainees who have not been authorized to complete a complementary internship or whose complementary training has not been deemed satisfactory are either terminated if they did not previously have the quality of an employee, or reintegrated into their original body, employment framework or employment.
      The duration of the internship is taken into account for the advancement within one year.
      Staff recruited as supervisor of the General Directorate of External Security shall be graded in accordance with articles 3 to 7 bis of the decree of 29 September 2005 referred to above.

    • Chapter 3: Advance Article 7 Learn more about this article...


      I. ― may be promoted to the rank of senior supervisor of 2nd class after the advice of the joint administrative commission, at the option of enrolling in an annual progress table, as supervisors have reached the 5th grade and have at least six years of effective service in that grade.
      II. ― may be promoted to the rank of Principal 1st Class Supervisor after notice of the Joint Administrative Committee, at the option of enrolling in an annual progress table, the Principal 2nd Class Supervisors having at least two years of seniority in the 6th grade and having at least five years of effective service in that grade.

      Article 8 Learn more about this article...


      The maximum number of employees who can be promoted each year to each degree of advancement is determined in accordance with the provisions of the decree of 1 September 2005.

    • Chapter 4: Detachment Article 9 Learn more about this article...


      I. ― Can only be detached into the body of the supervisory staff of the General Directorate of External Security officials of the public service of the State, the territorial public service and the hospital public service, belonging to a body or employment framework classified in category C or comparable level, as well as the military.
      Applicants to the detachment must meet the conditions for granting arms and suitability authorization referred to in Article 4 and the age conditions referred to in Article 5. The medical examination referred to in Article 4 requires detachment.
      When the annual fitness examination referred to in the last paragraph of Article 3 is negative, it is immediately terminated the detachment in the body of the supervisory staff of the General Directorate of External Security.
      Staff members and detached members may be required to undertake a training period for the functions they are required to perform.
      II. ― The detachment is pronounced at grade equivalence and at the level with an equal index or, if not, immediately higher than that held by the person in his original grade. Within the limit of the average seniority required for a higher-level advancement, he retains the seniority he had acquired at the level of his former grade.
      III. ― Public servants and military personnel who are seconded to the supervisory staff of the General Directorate of External Security are involved in the advancement of the rank and level with officials of this body.

      Article 10 Learn more about this article...


      I. ― Staff and military personnel placed in a detachment position in the supervisory staff of the General Directorate of External Security for at least one year may, upon request, be integrated into that body.
      II. ― Integration is pronounced by taking into account their situation in the position of detachment or, if it is more favorable, that which is theirs in the body, the framework of employment or the military situation of origin.
      III. ― Services performed in the body, the employment framework or the original military situation are considered to be services performed on detachment in the body of the supervisory staff of the General Directorate of External Security.

    • Chapter 5: Transitional provisions Article 11 Learn more about this article...


      Staff members belonging to the supervisory staff governed by the statutory provisions relating to the supervisory personnel of the General Directorate of External Security shall be incorporated into the supervisory staff of the General Directorate of External Security governed by this Decree and shall be reclassified to the ranks of that body in accordance with the following table:


      ANCIENNE SITUATION
      NEW SITUATION

      Supervisor

      Supervisor

      Senior 2nd Class Monitor

      Senior 2nd Class Monitor

      Principal 1st Class Monitor

      Principal 1st Class Monitor

      Article 12 Learn more about this article...


      Supervisors trainees on the date of entry into force of this Order continue their training in the body of supervisors of the Directorate General of External Security governed by this Order.

      Article 13 Learn more about this article...


      Services performed in the body and in the grades of origin are assimilated to services performed in the body and in the grades of integration.
      Officials integrated into the body governed by this decree retain the benefit of the reductions and increases of seniority granted in their former bodies.

      Article 14 Learn more about this article...


      I. ― Officials detached from the supervisory staff before the date of entry into force of this decree shall be placed, for the period of their remaining detachment, in a detachment position in the body of the supervisory staff of the general direction of external security governed by this decree.
      They are classified in this body in accordance with the provisions of Article 11.
      II. ― The services performed in the detachment position in the former body are assimilated to services performed in detachment in the body governed by this decree.
      III. ― By derogation from the time limit set out in I of section 10, the Minister of Defence may, at the request of the public servants on the date of entry into force of this Order, carry out their integration into the new body without delay.

      Article 15 Learn more about this article...


      The winners of the recruitment examination in the body of the monitoring staff listed on the main and complementary lists of admission to this competition before the date of entry into force of this decree may be appointed to the body of the supervisory staff of the general management of external security governed by this decree, as an intern supervisor until the date of commencement of the examinations of the first contest organized for this body and no later than two years after the date of establishment of these examinations.

      Article 16 Learn more about this article...


      The Open Recruitment Competition for the Supervisory Personnel whose Opening Order was signed prior to the Effective Date of this Order remains governed by the provisions applicable to the date of its signature.
      The winners of this competition may be appointed as an intern supervisor in the supervisory staff of the General Directorate of External Security under this Order.

      Article 17 Learn more about this article...


      Officials who met the conditions for graduation prior to the date of entry into force of this Order and who have lost this opportunity as a result of reclassifications made in accordance with articles 9 to 12 bis of the decree of 29 September 2005 referred to above in their former situation are, by derogation from the provisions of this Decree relating to the conditions to be fulfilled to be eligible for such advancement, eligible for a three-year period, for the years 2012, 2013 and 2014.

      Article 18 Learn more about this article...


      Until the establishment of the Joint Administrative Committee competent for the Supervisory Personnel of the General Directorate of External Security governed by this Decree, which shall take place within one year from the date of entry into force of this Decree, the Joint Administrative Committee composed of the representatives of the Supervisory Personnel Corps governed by certain statutory provisions applicable to the General Directorate of External Security before the date of entry into force of this decree shall remain competent to the body

  • PART II: PROVISIONS RELATING TO THE USE OF INLAND SERVICE Article 19 Learn more about this article...


    I. ― The Heads of Internal Service of the General Directorate of External Security are subject to the provisions of the Decree of 13 December 1971. They are intended to perform team supervision functions.
    II. ― By derogation from article 1 of the same decree, may only be appointed in the jobs of chief of internal service, by detachment, senior supervisors of the 1st class and senior supervisors of the 2nd class who meet the conditions set out in II of article 7 of this decree to advance to the rank of senior supervisor of the 1st class.
    III. ― By derogation from section 4 of the same order, the criteria for the establishment of the internal chief of service in the first category and head of internal service in the second category of the general management of external security in accordance with the importance of the services of the general management of external security are determined by a joint order of the minister responsible for the public service and the minister responsible for the defence.
    IV. ― Heads of internal service acting under the previous statutory provisions shall be held in their office after the coming into force of this decree.

  • PART III: FINAL PROVISIONS Rule 20 Learn more about this article...


    The previous statutory provisions relating to the special status of supervisory personnel of the General Directorate of External Security are repealed.

    Article 21 Learn more about this article...


    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 respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic and will enter into force on the first day of the month following its date of publication.


Done on 9 September 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


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