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Order Of October 10, 2013, Setting The Conditions For Entry On The List Of Suitable Candidates To The Directorate Of Agricultural Social Insurance Jobs

Original Language Title: Arrêté du 10 octobre 2013 fixant les conditions d'inscription sur la liste d'aptitude aux emplois d'agent de direction des organismes de mutualité sociale agricole

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JORF n°0252 of 29 October 2013 page 17577
text No. 9



Order of October 10, 2013 setting the conditions for registration on the eligibility list for management positions of agricultural social mutuality organizations

NOR: AGRS1325502A ELI: http://www.legifrance.gouv.fr/eli/arrete/2013/10/10/AGRS1325502A/jo/texte


Minister of Social Affairs and Health and Minister of Agriculture, Agri-Food and Forestry,
Vu le Social Security Codearticles R. 123-45 and R. 123-46;
In view of the amended decision of 11 April 2001, setting the conditions for registration on the eligibility list for the positions of management officer and accounting officer of the agricultural social mutuality organizations;
In view of the July 31, 2013 decision on the conditions of registration on the eligibility list for management positions of the social security agencies of the general regime, the social system of the independents and certain special regimes,
Stop:

  • Chapter I: General Principles and Organization of the Leadership Job Ability List Article 1 Learn more about this article...


    Appointment to senior management positions in organizations targeted to the I of Article R. 123-45 of the Social Security Code is subject to registration on the aptitude list.
    The registration for the agricultural regime is subject to compliance with the conditions of admissibility and assessment provided for in this Order.

    Article 2 Learn more about this article...


    The Management Officer Job Ability List is divided into two lists.
    A job cannot be taken from these two lists simultaneously.
    List A includes the jobs of director of agricultural social mutuality fund and director of associations or economic interest groups created between the funds of agricultural social mutuality.
    List B includes the jobs of deputy director, accounting officer, deputy director and general secretary of the agricultural social mutuality funds and associations or economic interest groups created between the farm social mutuality funds.

    Article 3 Learn more about this article...


    The Aptitude List for Executive Officer Jobs is set after notice of the commission under Chapter IV by order of the Minister for Agriculture published in the Official Journal of the French Republic.
    Unless otherwise provided, registration on a list is valid for a period of six years that runs from January 1 of the year under which the aptitude list is established.
    By derogation from the provisions of Article 1st, have access to the jobs of List B of the agricultural regime the former students of the National Higher Social Security School (EN3S) and the persons who have the training certificate issued after the CapDirigeants (CapDIR) training cycle receive a legal registration in Class L 3 pursuant to the 3rd of Article 2 and of the third paragraph of Order 3 of July 2013

    Article 4 Learn more about this article...


    Authorized management officers, or having been approved, in a job corresponding to the list in which they were previously registered, retain the benefit of this list. They may be appointed in a job of a lower or equivalent list without further registration on the aptitude list.
    People serving in a regional health agency can access the jobs corresponding to the list in which they were previously registered or registered.

  • Chapter II: Conditions of admissibility for filing an application for registration on the aptitude list Article 5 Learn more about this article...


    Can apply for registration on List A to candidates who occupy or have been employed as a senior officer in one of the organizations mentioned in the listArticle R. 123-45 of the Social Security Code or in one of the public institutions authorized to recruit personnel governed by the national collective agreements of social security agencies and meeting the following conditions:
    1° Justify the title of a former student of the National Higher Social Security School (EN3S) or the certificate issued after the CapDirigeants (CapDIR) training cycle or the certificate issued after the cycle of specialized studies of the executive professions or the development cycle; and
    2° Rationale for a professional experience of at least 10 years in at least two senior management positions in one of the organizations mentioned inArticle R. 123-45 of the Social Security Code or one of the public institutions authorized to recruit personnel governed by the national collective agreements of social security agencies.
    The minimum duration of duties is eight years when the candidate justifies having held senior management positions in at least two organizations referred to in theArticle R. 123-45 of the Social Security Code or regional health agencies.
    The minimum duration of functions is six years when the candidate justifies one of the following experiments:
    ―having worked as a manager in more than one branch or more of a plan;
    ―having worked as a managerial officer in a local social security organization and in a national social security organization;
    ―having employed supervision in any other public or private organization;
    ―having been employed as a managerial officer in several public institutions, of a different nature, entitled to recruit staff governed by national collective agreements of social security organizations.
    The minimum duration of ten years and eight years referred to is reduced by two years when the candidate has been registered as an accountant in a social security organization.

    Article 6 Learn more about this article...


    Can request their registration on List B:
    1° Frameworks under a national collective agreement of social security agencies that justify:
    (a) Minimum professional experience of fifteen years, of which at least five years in one or more organizations covered by theArticle R. 123-45 of the Social Security Code or in a public institution authorized to recruit staff governed by national collective agreements of social security agencies;
    (b) A significant managerial experience of at least six years;
    2° Applicants who, without prior registration on the Fitness List, are employed as a senior officer in one of the organizations referred to in Article R. 123-45 or in a public institution authorized to recruit staff governed by the national collective agreements of social security organizations. These candidates must justify a minimum of five years of management functions, including two years on busy employment, or justify the conditions set out in 1°.
    The registration of the candidates referred to in 1° and 2° is subject to the production of the certificate issued after the CapDirigeants (CapDIR) training cycle, the specialized study cycle of the executive professions or the development cycle.

    Article 7 Learn more about this article...


    On the due date of their first registration on the Fitness List, the holders of the title of a former student of the National Higher Social Security School (EN3S) or the certificate issued after the CapDirigeants (CapDIR) training cycle that do not occupy a position of management officer file an application for registration on List B. This application is made under the conditions set out in the last paragraph of Article 17, without justification for the conditions set out in Article 6.

    Article 8 Learn more about this article...


    Can request their registration on the suitability list of public officials justifying an eight-year seniority in a grade job A of the public service, of which six years in functions of social protection, health or social action.
    For registration on List A, candidates must have exercised as a category A in at least two managerial jobs. This condition is appreciated by the Commission of the Fitness List set out in Chapter IV.
    The number of persons registered annually on the fitness list under this section is limited to 5% of the number of positions offered at the National School of Social Security (EN3S) competition the previous year.

    Article 9 Learn more about this article...


    The status of applicants under the admissibility rules referred to in Articles 5 to 8 is appreciated as of January 1 of the year of filing the application.

    Article 10 Learn more about this article...


    The decision on the inadmissibility of an application is taken by the Commission of the Fitness List. It is notified to the candidate by the secretariat of the Commission of the Fitness List placed with the Ministry of Agriculture within fifteen days of the Commission's decision, by registered mail with a request for notice of receipt.
    The applicant has 15 working days from the submission of this mail to file a claim.
    This claim is made by registered mail with a request for notice of receipt from the Commission secretariat.

  • Chapter III: Evaluations of candidates Article 11 Learn more about this article...


    For registration on List A, the candidate is subject to evaluations to check his or her skills and potential for career development.
    These assessments are carried out by the applicant's employer and by a service representative referred to in theArticle R. 155-1 of the Social Security Code. These evaluations are transmitted to the Central Fund for Agricultural Social Community.
    For the persons referred to in Article 8, the evaluations are carried out by the competent authority and by a member of the General Inspection of Social Affairs.
    The evaluations are forwarded to the secretariat of the Fitness List Commission.
    Where appropriate, these assessments may be supplemented by any other opinion.

    Article 12 Learn more about this article...


    For registration on List B, the candidate is subject to evaluations to verify his or her skills and potential for career development.
    These assessments are carried out by the applicant's employer and by a service representative referred to in theArticle R. 155-1 of the Social Security Code. They are transmitted to the secretariat of the Fitness List Committee and to the Central Fund for Agricultural Social Mutuality.
    For the persons referred to in Article 8, the evaluations are carried out by the competent authority and by a member of the General Inspection of Social Affairs.
    These provisions do not apply to the first registration of persons referred to in the third paragraph of Article 3.

  • Chapter IV: Composition and Missions of the Aptitude List Commission Article 13 Learn more about this article...


    The Commission of the Fitness List is composed as follows:
    1° A president, member of the State Council or magistrate of the Court of Auditors or member of the general inspection of social affairs, in activity or honorary, appointed by order of the Minister for Agriculture;
    2° Four representatives of the administration:
    (a) Two representatives of the Financial, Social and Logistics Department of the Ministry of Agriculture;
    (b) A service representative mentioned to theArticle R. 155-1 of the Social Security Code ;
    (c) A representative of the Minister for Social Security;
    3° Four representatives of the National Federation of Employers of Agricultural Social Community (FNEMSA) and the Union des caisses de sécurité sociale (UCANSS):
    (a) President of the FNEMSA Board of Directors or its representative;
    (b) The FNEMSA General Delegate or its representative;
    (c) The deputy general delegate of the FNEMSA or his representative;
    (d) The Director of UUCANSS or his representative;
    4° Four representatives of management officers, at least two of whom are former students of the National Higher Social Security School (EN3S):
    (a) Three representatives holding the executive officers of the agricultural social mutuality and as many alternate representatives appointed by the Minister for Agriculture on the proposal of their trade union organizations;
    (b) A incumbent representative and an alternate representative of the executive officers of the social security organizations of the general system, the social system of the independents and the special regimes designated by the representatives of the executive officers of the board of the General Plan Fitness List.
    Representatives of the executive officers and their alternates are employed as a senior management officer.
    The members of the commission are appointed by order of the Minister for Agriculture. Alternate members only sit in the absence of the incumbent members.
    The term of office of the members of the commission is five years. It may be extended under the same conditions for a period not exceeding twelve months.
    In the event of the absence or incapacity of the president, the president is begged by a representative of the minister responsible for agriculture.
    The decisions of the commission shall be taken by a majority of the members present. In the event of a vote-sharing, the president's vote is preponderant.
    The Commission's secretariat is provided by the Ministry of Agriculture.

    Article 14 Learn more about this article...


    The Commission of the Fitness List has the following mission:
    ∙ decide on the admissibility of applications for registration, under the conditions mentioned in Chapter II, in the light of the elements transmitted by the candidate, in particular with regard to the conditions of entry and mobility of candidates who have exercised in multi-branche organizations for registration on List A;
    ― to examine the claims of the candidates regarding the inadmissibility of their application;
    ∙ review the evaluations of candidates for registration in List A, where appropriate, request a further assessment and propose to the Minister the candidates selected in this list;
    ∙ review the evaluations of candidates for registration in List B and propose to the Minister the candidates selected in this list;
    ― propose, for the candidates referred to in Article 8, a classification by order of merit in accordance with the fixed quota;
    ∙ review the claims of candidates for their non-registration on the suitability list under the conditions set out in Article 16.

  • Chapter V: Effects of Registration Article 15 Learn more about this article...


    I. ― Registration on the fitness list allows access to the following jobs:
    1° Listing A: jobs of lists A and B;
    2° Listing B: jobs of list B.
    II. ― Registration on the Fitness List also allows access to the positions of executive officer of the social security organizations of the general system, the social system of the independent and certain special regimes under the following conditions:
    1° Listing A: Class L 2 and L 3 jobs mentioned in Article 2 of the above-mentioned Decree of 31 July 2013;
    2° Listing B: Class L 3 jobs referred to in Article 2 of the above-mentioned Order of July 31, 2013.

    Article 16 Learn more about this article...


    Any candidate has the right to request a communication of his or her file, after publication in the Official Journal of the French Republic of the Fitness List, to the secretariat of the Fitness List Commission.
    A candidate whose registration has not been retained by the Minister may, within fifteen working days from the publication of the list in the Official Journal of the French Republic, submit a claim, by registered mail with a request for notice of receipt to the secretariat of the Commission.

  • Chapter VI: Conditions for Nominations Article 17 Learn more about this article...


    The application for registration on the aptitude list is made every year from 1 April by means of a pre-established form that can be downloaded exclusively on www.msa.fr.
    Nominations are made either:
    1° By post, under recommended fold, in two copies, to the secretariat of the commission located at 78, rue de Varenne, 75349 Paris 07 SP, no later than 30 April (the cachet of the position in question);
    2° By e-mail, no later than the first working day following May 5, at the following e-mail address: list-aptitudeAD-msa@agriculture.gouv.fr.
    Each application includes:
    - an application form;
    – a career survey specifying the level of employment;
    a letter of motivation;
    - a curriculum vitae including the narrative of professional achievements.
    The candidate may also attach any documents that he considers useful to reach his career path.
    The applicant indicates in his application the list of jobs on which he requests his registration.
    Any incomplete records on registration closing dates, filed or posted without delay may not be taken into account by the secretariat of the Fitness List Commission.
    For its assessment, the applicant shall forward a copy of the application to the Director.
    Applicants referred to in sections 7, 20 and 22 are exempt from the production of a curriculum vitae and a cover letter.

  • Chapter VII: Miscellaneous and Transitional Provisions Article 18 Learn more about this article...


    Can avail itself of the benefit of List A, from the Fitness List established for 2015, of the management and accounting officers who, under the provisions prior to the coming into force of this Order, are:
    1° From the first list of category B (Director of an MSA caisse)
    2° From the first list of category C (Director of an IT agency), subject to the title of a former student of the National Higher School of Social Security (EN3S) or the certificate issued after the cycle of specialized studies of executive professions (CESDIR) or the development cycle;
    3° Second and third lists of category A (Deputy Director and Accountant of the Central Fund of the MSA);
    Management officers in the regional health agency, previously approved in a job referred to in 1 and 3 of this article, may also avail themselves of the provisions of the first paragraph.

    Article 19 Learn more about this article...


    Can avail itself of the benefit of List B, from the Fitness List established for 2015, those who, under the provisions prior to the coming into force of this Order, are:
    1° Second or third lists of category B (Deputy Director or Accountant of an MSA Fund);
    2° From the fourth list of category A (subdirector of the Central Fund of the MSA) or the fourth list of category B (subdirector of a caisse de MSA), subject to the title of former student of the National Higher School of Social Security (EN3S) or of the certificate issued after the cycle of specialized studies of the executive professions (ESD)
    3° From the second, third and fourth lists of category C (Deputy Director or Accountant Officer or Assistant Director of a Computer Organization), subject to the title of a former student of the National Higher School of Social Security (EN3S) or the certificate issued after the cycle of specialized studies of executive professions (ESDIR) or the development cycle.
    Management officers in the regional health agency, previously approved in a job referred to in 1 to 3 of this article, may also avail themselves of the provisions of the first paragraph as long as they meet the above-mentioned conditions.

    Rule 20 Learn more about this article...


    The holders of the title of a former student of the National Higher School of Social Security (EN3S) who do not hold a position as a senior officer on the date of entry into force of this Order shall be registered as a right on List B for a period of six years at the first request.

    Article 21 Learn more about this article...


    The former students of the 52nd Promotion of the National Higher School of Social Security (EN3S) who, under the provisions of Article 30 of the above-mentioned Decree of 31 July 2013, have access to the jobs of List B of the agricultural regime.

    Article 22 Learn more about this article...


    If he is not a holder of the title of a former student of the National School of Social Security (EN3S) or of the certificate issued after the cycle of specialized studies of the professions of executives (CESDIR) or the development cycle, the director of a computer organization under the first list of category C, under the provisions prior to the entry into force of this decree, may apply for his/her list
    In the absence of a certificate of success, it retains the personal benefit of the fitness list under its previous provisions and can access without special terms all the jobs of director of a computer organization.
    If they are not holders of the title of a former student of the National School of Social Security (EN3S) or of the certificate issued after the cycle of specialized studies of the professions of executives (CESDIR) or the development cycle, the executive officers mentioned in the 2nd and 3rd of section 19 as well as the executive officers exercising in the regional health agency previously approved in these jobs
    In the absence of a certificate of success, they shall retain the personal benefit of the suitability list under the provisions prior to the entry into force of this Order and may access without special terms the jobs:
    1° A Deputy Director of the Central Fund or a MSA Fund for Management Officers under the fourth list of Class A (sub-director of the Central Fund of the MSA) or the fourth list of Class B (sub-director of an MSA caisse);
    2° Deputy Director of a computer organization for senior management officers in the second C list (Deputy Director of a computer organization);
    3° An accounting officer of an IT agency for accounting officers under the third list of category C (accounting agent of an IT agency);
    4° A deputy director of a computer organization for management officers under the fourth C list (subdirector of a computer organization).
    Management officers in a previously approved regional health agency in a job referred to in 1°, 2°, 3° or 4° of this article may access the corresponding employment.

    Article 23 Learn more about this article...


    A management officer on the first list of Class B, on the second or third list of Class A under the provisions prior to the entry into force of this Order shall be deemed to be included in List A for the remaining period under the preceding provisions.
    The senior management officer on the first list of Class C under the provisions prior to the entry into force of this Order shall be deemed to be included in List A for the remaining period under the preceding provisions if he holds the title of a former student of the National Higher School of Social Security (EN3S) or the certificate issued after the cycle of specialized studies of the executive professions (ESD)

    Article 24 Learn more about this article...


    The executive officer on the second or third list of Class B in respect of the provisions prior to the coming into force of this Order shall be deemed to be included in List B for the remaining period under the preceding provisions.
    The executive officer or the framework listed in the fourth list of categories A or B under the provisions prior to the entry into force of this Order shall be deemed to be included in List B for the remaining period under the preceding provisions if he is the holder of the title of a former student of the National Higher School of Social Security (EN3S), of the certificate issued after the cycle of specialized studies of the executive occupations of the National Social Security Council.
    The executive officer on the second, third or fourth list of Class C under the provisions prior to the entry into force of this Order shall be deemed to be included in List B for the remaining period under the preceding provisions if he is the holder of the title of a former student of the National Higher School of Social Security (EN3S) or of the certificate issued after the cycle of specialized studies of the executive professions.

    Rule 25 Learn more about this article...


    If he is not a holder of the title of a former student of the National School of Social Security (EN3S) or of the certificate issued after the cycle of specialized studies of the professions of leader (CESDIR) or of the development cycle, the executive officer, listed on the first list of category C under the provisions prior to the entry into force of this decree, may apply for his/her registration on the basis of
    If he is not a holder of the title of a former student of the National School of Social Security (EN3S) or of the certificate issued after the cycle of specialized studies of the professions of leader (CESDIR) or the development cycle, the executive officer or the framework listed on the fourth list of categories A or B or on the second, third or fourth list of category C in respect of the provisions
    In the absence of a certificate of success, it retains, on a personal basis, and for the duration of its registration remaining to be run under the preceding provisions, the benefit of the aptitude list under which it was registered and may access, without special terms:
    ― if it was listed on the fourth list of categories A and B, all the jobs of deputy head of the central caisse or a caisse of the MSA;
    ― if it was on the first list of computer organizations, to all the jobs of director of a computer organization;
    ―if it was listed on the second list of computer organizations, all the jobs of deputy director of a computer organization;
    ― if it was listed on the third list of computer organizations, all the accounting officer jobs of a computer organization;
    ―if it was listed on the fourth list of computer organizations, all the jobs of deputy director of a computer organization;
    With the exception of section 4 of this Order, the Executive Officer shall apply, in the event of an approval in one of the above-mentioned jobs, the provisions of section 22.

    Rule 26 Learn more about this article...


    The situation of persons referred to in articles 18, 19, 21, 23 and 24 is appreciated as at 31 December 2014.
    The situation of persons referred to in Articles 20, 22 and 25 is appreciated on the date of entry into force of this Order.

    Rule 27 Learn more about this article...


    The amended decision of April 11, 2001 setting the conditions for registration on the eligibility list for management and accounting officers of agricultural social mutuality organizations is repealed as of January 1, 2014.

    Rule 28 Learn more about this article...


    Unless otherwise provided, the provisions of this Order shall take effect on 1 January 2014 for registration on the Fitness List for 2015.

    Rule 29 Learn more about this article...


    The Director of Financial, Social and Logistics Affairs is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done on 10 October 2013.


Minister of Agriculture,

agri-food and forest,

For the Minister and by delegation:

The Director of Financial Affairs,

and logistics,

C. Ligeard

Minister of Social Affairs

and Health,

For the Minister and by delegation:

The Director of Social Security,

T. Fatome


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