Key Benefits:
Publics concerned: laboratory technicians responsible for the economy and budget.
Purpose: Accompanying the body of laboratory technicians from the ministers responsible for the economy and budget to the new statutory space (NES) of category B.
Entry into force: the text comes into force on April 1, 2012.
Notice: The purpose of this decree is to integrate the body of laboratory technicians responsible for the economy and budget ministers into the new statutory space (NES) 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.
References: This text can be found on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Economy, Finance and Industry and the Minister of Budget, Public Accounts and State Reform, spokesperson for the Government,
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;
Having regard to amended Decree No. 85-896 of 16 September 1985 on the particular regime of certain positions of State officials, the provision, integration and the final termination of functions;
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. 96-273 of 26 March 1996 establishing the common statutory provisions applicable to laboratory technicians of state administrations and public institutions;
Vu le Decree No. 2000-1011 of 17 October 2000 amended to include specific status of laboratory scientific staff of the Ministry of Economy, Finance and Industry;
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. 2005-1090 of 1 September 2005 relative to the advancement of rank in the bodies of the administration of the State;
Vu le Decree No. 2006-1762 of 23 December 2006 amended on the common statutory provisions applicable to the bodies of laboratory technical assistants of the 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. 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, Finance and Industry and the Ministry of Budget, Public Accounts and State Reform of 15 December 2011;
The State Council (Section of Administration) heard,
Decrete:
The body of laboratory technicians responsible for the economy and budget, classified in category B under section 29 of the law of 11 January 1984 referred to above, is governed by the provisions of decree of 11 November 2009 referred to above and this decree.
The body of laboratory technicians responsible for the economy and budget includes the following grades:
1° Normal class laboratory technician;
2° Superior laboratory technician;
3° Extra class laboratory technician.
These grades are assimilated to the first, second and third grades mentioned by the decree of 11 November 2009 referred to above.
Laboratory technicians responsible for the economy and budget are recruited, appointed and managed by the ministers responsible for the economy and budget.
I. ― Laboratory technicians from the ministers responsible for the economy and budget prepare and perform technical, scientific and experimental analyses, as part of defined procedures. They assist scientific staff and participate in specialized controls and research activities under their leadership. They can frame a team. They may also be called upon to participate in the design and development of scientific experiments and equipment or devices of their specialties.
They may also perform routine, control and monitoring tasks related to the operation, maintenance and maintenance of equipment and facilities.
II. ― Laboratory technicians from the Ministers of the Economy and Budget of the 2nd and 3rd grades are involved in jobs related to the areas of activities mentioned in I, corresponding to a particular level of expertise.
III. ― Laboratory technicians of Ministers responsible for the economy and budget carry out their functions in the central administrations, in the decentralized departments, in the national departments of the ministers responsible for the economy and budget, as well as in their public institutions.
I. ― Laboratory technicians who are responsible for the economy and the economic and financial budget are recruited into the rank of normal class laboratory technician under the following conditions:
1° Through an external competition on trials.
This competition is open to candidates with a bachelor's 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 set by the decree of 13 February 2007 referred to above.
2° Through an internal competition on trials.
This competition is open to officials and agents of the State, territorial authorities and public institutions that depend on it, including those covered by 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.
3° Upon election, after registration on a suitability list established after notice of the competent administrative commission.
Can be listed on this suitability list for laboratory technical assistants to ministers responsible for the economy and budget, justifying at least nine years of public services.
II. ― The competitions mentioned in 1° and 2° of I are open by specialities. A decree of the ministers responsible for the economy and the budget sets out the list of specialties, including biology, physics and chemistry.
III. ― provisions of articles 5 and 8 of the decree of 11 November 2009 referred to above are applicable to competitions mentioned in 1° and 2° of I.
The number of places offered in the contest mentioned in 1° of I of Article 5 or 2° of I of the same article cannot be less than 40% of the total number of places offered in these two contests.
The places that have not been filled under one of the contests mentioned in the 1st and 2nd of the I of Article 5 may be postponed, by the ministers responsible for the economy and the budget, within 20% of all the places offered to the two contests, on the other contest opened in the same specialty.
Candidates received at the contests mentioned in 1° and 2° of I of Article 5 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.
The total number of appointments that may be pronounced under 3° of Article 5 I may not exceed two-fifths of the number of appointments made under 1° and 2° of Article 5, Long-Term Detachments and Direct Integrations.
Officials recruited under Article 5 3° I shall be held in accordance with provisions of article 12 of the decree of 11 November 2009 referred to above.
Laboratory technicians responsible for the economy and budget ministers recruited under 1°, 2° and 3° of Article 5 of this Decree shall be classified in accordance with the provisions provided for in Articles 13 to 20 and 23 of the decree of 11 November 2009 referred to above.
The average length of time spent in each of the grade levels referred to in section 2 above shall be fixed in accordance witharticle 24 of the decree of 11 November 2009 referred to above.
I. ― The conditions for access to the ranks of laboratory technicians under ministers responsible for the economy and the upper-class budget and laboratory technicians under ministers responsible for the economy and the exceptional-class budget are fixed in accordance with the 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 same decree is replaced by a professional competition.
III. ― For the application of 1° 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 on the date of the written examination of the professional competition.
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 valued at the date of December 31 of the year in which the progress table is established.
V. ― At the end of the trials of the professional competitions mentioned in the II, 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 start date of the next competition and, no later than two years after the date of the examination.
The maximum number of officials from the body of the laboratory technicians under the ministers responsible for the economy and budget that can be promoted annually to each of the ranks of advancement of this body is determined in accordance with the provisions of Article 27 of the Decree of 11 November 2009 referred to above.
I. ― Civil officials belonging to a body or employment framework classified in category B or equivalent level may be detached, and, where appropriate, integrated, or directly integrated, into the body of laboratory technicians under the ministers responsible for the economy and budget, 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 decree of ministers responsible for the economy and budget.
II. ― During their detachment, detached officials assist in the advancement of grade and level with the staff of the laboratory technicians responsible for the economy and budget.
III. ― The services performed in the body, the employment framework or the original employment are assimilated to services performed in the body of laboratory technicians under the ministers responsible for the economy and budget.
I. ― On the effective date of this Order, the laboratory technicians of the Ministry of Economy, Finance and Industry governed by the decree of 26 March 1996 referred to above are incorporated into the body of laboratory technicians under the Economic and Budget Ministers governed by this Order, in accordance with the following correspondence table:
| Laboratory technician of exceptional class | Laboratory technician Ministers responsible for the economy and the special grade budget | |
| 8th step | 9th step | Formerly acquired |
| 7th step | 8th step | 3/4 of acquired seniority |
| 6th step | 7th step | Formerly acquired |
| 5th step | 6th step | 2/3 of acquired seniority |
| 4th step | 5th step | 2/3 of acquired seniority |
| 3rd step | 4th step | Formerly acquired |
| 2nd step | 3rd step | Formerly acquired |
| 1 step | 2nd step | Older acquired aged one year |
| Laboratory technician upper class | Laboratory technician Ministers responsible for the economy and higher-level budget | |
| 8th step | 12th step | Formerly acquired |
| 7th step | 11th step | Formerly acquired |
| 6th step | 10th step | 3/4 of acquired seniority |
| 5th step | 9th step | Formerly acquired |
| 4th step | 8th step | Formerly acquired |
| 3rd step | 7th step | 6/5 of acquired seniority |
| 2nd step | 6th step | 6/5 of acquired seniority |
| 1 step | 5th step | Older acquired aged one year |
| Laboratory technician normal class | Laboratory technician Ministers responsible for the economy and Standard Class Budget | |
| 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 laboratory technicians of the Ministry of Economy, Finance and Industry governed by the decree of 26 March 1996 referred to above are placed, for the duration of their remaining detachment, in a position of detachment in the body of laboratory technicians under the ministers responsible for the economy and budget governed by this decree. They are classified in this body in accordance with the provisions of Article 16 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 carried out in the position of detachment in the body of the laboratory technicians of the Ministry of Economy, Finance and Industry governed by the decree of March 26, 1996, as well as in the ranks of this body, are assimilated to services performed in the position of detachment in the body of the laboratory technicians responsible for the economy and the budget governed by this decree, as well as in the ranks of this body.
I. ― The winners of the competitive examinations opened in the body of laboratory technicians of the Ministry of Economy, Finance and Industry governed by the decree of 26 March 1996 referred to above whose opening order was issued before the date of entry into force of this decree, which was appointed as trainees and began their internship in the body of laboratory technicians of the Ministry of Economy, Finance and Industry before that same date, pursue it in the body of laboratory technicians under the authority of the ministers responsible for the economy and budget governed by this decree.
II. ― Complementary lists established by the jury of the competitions referred to in I may be used to fill vacancies in the rank of laboratory technician under the ministers responsible for the economy and the normal budget governed by this decree.
Public servants listed on the fitness list established under 2012 before the date of entry into force of this Order for access to the body of laboratory technicians of the Ministry of Economy, Finance and Industry governed by this Order decree of 26 March 1996 referred to above, and whose appointment has not been made on the same date, may be appointed in the rank of laboratory technician under the ministers responsible for the economy and the normal class budget governed by 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 normal-class laboratory technician of the Ministry of Economy, Finance and Industry governed by the decree of 26 March 1996 referred to above shall be held in office and shall be held in the rank of normal-class laboratory technician of the body of the laboratory technicians responsible for the economy and budget, governed by this decree.
I. ― The progress tables for the year 2012 for access to grades of senior laboratory technician and exceptional class laboratory technician from the Ministry of Economy, Finance and Industry regulated by the Department of Economy, Finance and Industry decree of 26 March 1996 referred to above remain valid until December 31 of that same year.
II. ― Officials promulgated pursuant to the I after the date of entry into force of this decree are classified in the ranks of laboratory technicians of the higher class and laboratory technicians of the body of laboratory technicians under the above-mentioned ministries of the economy and the budget governed by this decree taking into account the situation that would have been theirs if they had not ceased to belong to their former body until the date
The terms of reference of the members of the competent parity administrative board with respect to the body of the laboratory technicians of the Ministry of Economy, Finance and Industry are maintained until its renewal.
The mention: "Laboratorial Technicians of Ministers Responsible for the Economy and Budget" is included in Annex to the decree of 11 November 2009 referred to above.
I. ― In the first paragraph of Article 1 of the above-mentioned Decree of March 26, 1996, the words: "Laboratories of the Ministry of Economy, Finance and Industry" are deleted.
II. ― The 1st of Article 3 of the aforementioned Decree of March 26, 1996 is deleted.
III. ― In all existing regulatory provisions concerning laboratory technicians of the Ministry of Economy, Finance and Industry, the name: "laboratory technicians of the Ministry of Economy, Finance and Industry" is replaced by the name: "laboratory technicians relevant to the ministers responsible for the economy and the budget" and the reference to the Decree of 26 March 1996 is replaced by this decree.
IV. ― At 3° of Article 5 of the Decree of 17 October 2000 referred to the mention: " among the laboratory technicians of the Ministry of Economy, Finance and Industry governed by the decree of 26 March 1996 referred to above is replaced by the mention: "amongst laboratory technicians under the ministers responsible for the economy and budget governed by the Decree No. 2012-379 of 19 March 2012 "
This Order comes into force on the first day of the month following its publication in the Official Journal of the French Republic.
The Minister of Economy, Finance and Industry, 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 it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on March 19, 2012.
François Fillon
By the Prime Minister:
Minister of Economy,
finance and industry,
François Baroin
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
The Minister of Public Service,
François Sauvadet
