Key Benefits:
Public officials involved: officials belonging to the technical services controllers of the Ministry of Interior.
Subject: new special status applicable to the body of the controllers of the technical services of the interior and related to the new statutory space (NES) of category B.
Entry into force: the text comes into force on January 1, 2012.
Notice: The purpose of this decree is to reform the specific status of the body of the controllers of the technical services to link it to the new statutory space of category B, governed by the Decree No. 2009-1388 of 11 November 2009 bringing statutory provisions common to various bodies of civil servants in category B of the public service of the State.
The special status introduces new recruitment modalities. On the one hand, it provides for the possibility to organize direct competitions for access to the second grade open to the holder of a baccalaureate degree + 2 for the external, in addition or in substitution of the competitive examinations in the first grade opened at the level of the baccalaureate. On the other hand, in-house, it is possible to organize for category agents C access to the first grade of this category B body by means of a fitness list but also by a professional examination, and in the second grade only by a professional examination.
Finally, the terms and conditions of career development in the body are modified with the introduction of professional grade advancement examinations, in addition to the advancement by aptitude list, accessible to agents under seniority conditions less than those required for the advancement of choice.
References: This decree will be available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of the Interior, Overseas, Territorial Authorities and Immigration,
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 trainees of the State and its public institutions;
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. 2005-1090 of 1 September 2005 relative to the advancement of rank in the bodies of state administrations;
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. 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 Departmental Joint Technical Committee of the Ministry of Interior, Overseas, Territorial Authorities and Immigration dated October 13, 2011;
The State Council (Section of Administration) heard,
Decrete:
The body of the controllers of the technical services of the Ministry of Interior, classified as Category B under section 29 of the above-mentioned Act of 11 January 1984, is governed by the provisions of decree of 11 November 2009 referred to above and this decree.
The Comptrollers of Technical Services of the Ministry of Interior includes the following grades:
1° Standard Technical Service Controller;
2° Higher-class technical service controller;
3° Extraordinary Technical Service Controller.
These grades are assimilated respectively to the first, second and third grades mentioned by the decree of 11 November 2009 referred to above.
The Department of the Interior's technical services controllers are recruited, appointed and managed by the Minister of the Interior.
I. ― Comptrollers of the Department of Interior's technical services perform, inter alia, technical functions of application, control and monitoring, in jobs relevant to the operation, facilities and maintenance of the Ministry of Interior equipment and buildings.
II. ― Higher-class technical service controllers and high-class technical service controllers are designed to occupy jobs that, within the areas of activity mentioned in I, correspond to a level of expertise acquired by professional experience. They may also exercise particular coordination responsibilities of one or more teams.
The Comptrollers of the Technical Services of the Ministry of the Interior carry out their functions in central administration, in the services of national jurisdiction, in the services decuncated, in the administrative formations of the National Gendarmerie, in the services of an administrative tribunal and in the public institutions of the State under the Ministry of the Interior.
I. ― Technical Service standard controllers are recruited:
1° Through external competitions on trials:
This competition is open to candidates with a bachelor's degree or a degree or a degree classified at least 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° Internal competitions on trials:
This competition is open to officials and agents of the State, 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 justifying 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 Law of 11 January 1984 referred to above, under the conditions laid down in that paragraph;
3° If applicable, by way of a third competition:
This contest is open to candidates who justify, as of January 1 of the year in which it is open, the exercise for at least four years of one or more of the professional activities or one or more of the mandates mentioned in the 3rd of section 19 of the law of January 11, 1984 referred to above.
The professional activities taken into account under this competition must have been carried out in areas commensurate with the functions of the normal technical service controllers.
The periods in which the exercise of one or more activities or one or more mandates has been simultaneously shall be taken into account only in one title;
4° Through internal promotion:
(a) After registration on a suitability list established after notice of the parity administrative commission.
Can be listed on the suitability list foremen of the technical services of the equipment of the Ministry of Interior and Public Security and the technical assistants of the interior and overseas, justifying at least nine years of public services;
(b) If applicable, by means of a professional examination, open by specialities, accessible to foremen of the technical services of the equipment of the Ministry of Interior and Public Security and the technical assistants of the interior and overseas, justifying, as of January 1st of the year in which appointments take place, seven years of public services.
II. ― The contests mentioned in 1°, 2° and 3° of I are opened by specialities.
III. ― provisions of articles 5 and 8 of the decree of 11 November 2009 referred to above are applicable to competitions mentioned in 1°, 2° and 3° of I.
The number of places offered in the contest mentioned in 1° of I of Article 6 or in the contest mentioned in 2° of I of the same article cannot be less than 40% of the total number of places offered in these two contests.
The number of places offered to the contest mentioned in the 3rd I of Article 6 cannot exceed 10% of the total number of places offered to the contests mentioned in the 1st, 2nd and 3rd of the same article.
The places that have not been filled under one of the contests mentioned in 1°, 2° and 3° of I of Article 6 may be postponed to the other contests.
Candidates received at the contests mentioned in 1°, 2° and 3° of I of Article 6 shall be appointed and titularized according to the terms provided for in the I, III, IV and V of Article 11 of the decree of 11 November 2009 referred to above.
I. ― Technical Service Comptrollers are recruited:
1° Through external competitions on trials:
This competition is open to candidates who hold a title or a degree sanctioning two years of training classified at least level III, or a qualification recognized as equivalent to one of these titles or diplomas under the conditions set by the decree of 13 February 2007 referred to above ;
2° Internal competitions on trials:
This competition is open to officials and agents of the State, 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 justifying 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 Law of 11 January 1984 referred to above, under the conditions laid down in that paragraph;
3° Through a third competition on trials:
This contest is open to candidates who justify, as of January 1 of the year in which it is open, the exercise for at least four years of one or more of the professional activities or one or more of the mandates mentioned in the 3rd of section 19 of the law of January 11, 1984 referred to above.
The professional activities taken into account under this competition must have been carried out in areas commensurate with the functions of the higher-level technical service controllers.
The periods in which the exercise of one or more activities or one or more mandates has been simultaneously shall be taken into account only in one title;
4° Through a professional examination, open by specialities and accessible to foremen of the technical services of the equipment of the Ministry of Interior and Public Security and the technical assistants of the interior and overseas, and justifying, as of January 1st of the year for which appointments take place, eleven years of public services.
II. ― The contests mentioned in 1°, 2° and 3° of I are opened by specialities.
III. ― provisions of articles 7 and 8 of the decree of 11 November 2009 referred to above are applicable to competitions mentioned in 1°, 2° and 3° of I.
The number of places offered in the contest mentioned in 1° I of Article 10 or in the contest mentioned in 2° I of the same article cannot be less than 40% of the total number of places offered in these two contests.
The number of places offered to the contest mentioned in the 3rd I of Article 10 cannot exceed 10% of the total number of places offered to the contests mentioned in the 1st, 2nd and 3rd of the same article.
The places that have not been filled under one of the contests mentioned in 1°, 2° and 3° of I of Article 10 may be postponed to the other contests.
Candidates received at the contests mentioned in 1°, 2° and 3° of I of Article 10 shall be appointed and titularized according to the procedure provided for in III, IV and V of Article 11 of the decree of 11 November 2009 referred to above.
They perform a one-year internship.
The procedure for organizing the internship is determined by joint order of the Minister of the Interior and the Minister responsible for the Public Service.
The total number of appointments that may be pronounced under 4° of Article 6 and 4° of Article 10 cannot exceed two-fifths of the number of appointments made under 1°, 2° and 3° of Article 6 and 10, long-term detachments and direct integrations.
Officials recruited under Article 6 4 I and Article 10 4 I shall be held in accordance with provisions of article 12 of the decree of 11 November 2009 referred to above.
I. ― The normal class controllers of the technical services recruited under Article 6 of this Decree shall be classified in accordance with the provisions of Articles 13 to 20 and 23 of the decree of 11 November 2009 referred to above.
II. ∙ Comptrollers of the higher class of technical services recruited pursuant to Article 10 of this Decree shall be classified in accordance with the provisions of Articles 21 to 23 of the decree of November 11, 2009.
The average length of time spent in each of the ranks of the body controllers of the technical services of the Ministry of Interior is fixed in accordance witharticle 24 of the decree of 11 November 2009 referred to above.
The conditions for access to the grades of high-class controllers of the exceptional technical services and controllers are fixed in accordance with provisions of Article 25 of the Decree of 11 November 2009 referred to above.
The maximum number of officials belonging to the technical services controllers of the Ministry of Interior who can be promoted annually to one of the grades of advancement of this body is determined in accordance with provisions of Article 27 of the Decree of 11 November 2009 referred to above.
I. ― Civil officials belonging to a body or framework of employment classified in category B or equivalent level may be detached, then, if any, integrated, or directly incorporated into the body of the Comptrollers of the Technical Services of the Ministry of Interior in accordance with provisions of articles 28 to 30 of the decree of 11 November 2009 referred to above.
Direct integration or integration after a detachment is pronounced by order of the Minister of the Interior.
II. ― During their detachment, detached officials assist, for the advancement of grade and level, with officials of the technical services controllers of the Ministry of Interior.
III. ― Services performed in the body, employment framework or employment of origin are assimilated to services performed in the body of the technical services controllers of the Ministry of Interior.
I. ― On the date of entry into force of this decree, the controllers of the technical services of the Ministry of Interior governed by the Decree No. 97-259 of 17 March 1997 relating to the specific status of the body of the controllers of the technical services of the Ministry of Interior are integrated and reclassified into the body of the controllers of the technical services of the Ministry of Interior governed by this decree in accordance with the following correspondence table:
| Exceptional class controller | Exceptional class controller Technical Services | |
| 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 |
| Superior Class Controller | Superior Class Controller Technical Services | |
| 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 |
| Standard Class Controller | Standard Class Controller Technical Services | |
| 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 technical services of the Ministry of Interior governed by the Decree No. 97-259 of 17 March 1997 relating to the particular status of the body of the controllers of the technical services of the Ministry of Interior are placed, for the duration of their remaining detachment, in a detachment position in the body of the controllers of the technical services of the Ministry of Interior governed by this decree.
They are classified in this body in accordance with the provisions of Article 22 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. ― The services performed in the detachment position in the body of the controllers of the technical services of the Ministry of Interior governed by the decree of March 17, 1997 and in the ranks of this body are assimilated to services performed in the detachment position in the body of the controllers of the technical services of the Ministry of Interior governed by this decree as well as in the ranks of this body.
I. ― Internship controllers of the Department of Interior technical services governed by the Decree No. 97-259 of 17 March 1997 relating to the specific status of the body of the technical services controllers of the Ministry of Interior continue their internship in the body of the technical services controllers of the Ministry of Interior governed by this decree.
II. ― The recruitment examinations opened in the body of the technical services controllers of the Ministry of Interior, governed by the aforementioned decree of 17 March 1997 whose opening order was issued before the date of entry into force of this decree, remain governed by the provisions applicable to the date of publication of this Order.
III. ― The winners of the contests referred to in II, whose appointment has not been made in the body of the technical services controllers of the Ministry of Interior before the date of entry into force of this Order, may be appointed as trainees in the rank of normal class controller of technical services governed by this Order.
IV. ― Complementary lists established by the jury of the competitions referred to in the II may be used to fill vacancies that fall within the rank of normal class controller of the technical services governed by this decree.
Public servants listed on the aptitude list established under the year 2012 before the date of entry into force of this Order for access to the body of the Comptrollers of the Technical Services of the Ministry of Interior governed by the Decree No. 97-259 of 17 March 1997 relating to the specific status of the body of the controllers of the technical services of the Ministry of Interior and whose appointment has not been made at that same date may be appointed in the rank of normal class controller of the technical services of the body of the controllers of the technical services of the Ministry of Interior governed by this decree.
I. ― The progress tables established under 2012 for access to grades of superior class controller and exceptional class controller governed by the Decree No. 97-259 of 17 March 1997 relating to the specific status of the body of the technical services controllers of the Ministry of Interior remain valid until December 31, 2012.
II. ― The normal class controllers and the upper class controllers promulgated pursuant to the I after the date of entry into force of this decree are classified in the grades of the superior class controller of the technical services and exceptional class controller of the technical services of the body controllers of the technical services of the Ministry of Interior governed by this decree taking into account the situation which would have been their grade if they had not ceased to belong Decree No. 97-259 of 17 March 1997 relating to the particular status of the body of the controllers of the technical services of the Ministry of Interior and, finally reclassified to the date of their promotion in accordance with the provisions of Article 22 of this decree in the body of the controllers of the technical services of the Ministry of Interior.
The terms of reference of the members of the competent Joint Administrative Committee in respect of the body of the Comptrollers of the Technical Services of the Ministry of Interior are maintained until its renewal.
In all existing regulatory provisions for the Department of the Interior's technical service controllers, the reference to Decree No. 97-259 of 17 March 1997 relating to the specific status of the body of the technical services controllers of the Ministry of Interior is replaced by that of Decree No. 2011-1988 of 27 December 2011 bearing particular status of the body of the controllers of the technical services of the interior.
I. ― At the date of entry into force of this decree, the reference is to: "Controllers of the technical services of the Ministry of Interior" contained in annex I to the above-mentioned decree of 18 November 1994.
II. ― At the same date, the reference: "Technical Services Controllers of the Ministry of Interior" is entered in Annex to the above-mentioned Decree of 11 November 2009.
Decree No. 97-259 of 17 March 1997 on the special status of the body of the controllers of the technical services of the Ministry of Interior is repealed.
The provisions of this Decree come into force on 1 January 2012.
The Minister of Interior, Overseas, Territorial and Immigration, the Minister of Budget, Public Accounts and State Reform, Spokesperson 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.
Done on 27 December 2011.
François Fillon
By the Prime Minister:
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
The Minister of Public Service,
François Sauvadet
