Key Benefits:
Publics concerned: contracting agents of public law paid on the budget of public agricultural educational institutions.
Purpose: General provisions applicable to contractual public law staff recruited under the seventh paragraph of Article L. 811-8 and the fifteenth paragraph of Article L. 812-1 of the Rural and Maritime Fisheries Code local public institutions of agricultural education and vocational training and agricultural higher education institutions.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree allows for the application of the provisions identical to those of articles 6 bis (a contract of up to three years renewable within the limit of six years, then renewable in an indefinite contract) and 6 ter (indeterminate contract of contract of contract already connected to a person of public law by such contract) Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State. However, three-year contracts may be directly renewed for an indefinite period. In addition, the decree makes applicable to these officers the provisions of the Decree No. 86-83 of 17 January 1986 relating to the general provisions applicable to contractual agents of the State taken for the application of Article 7 of the Act of 11 January 1984 referred to above.
References: the provisions of Rural Code and Maritime Fishing Amended by this decree may be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Agriculture, Agri-Food and Forestry, spokesman for the Government,
Considering Book VIII of the Rural and Maritime Fisheries Code, including articles L. 811-8 and L. 812-1;
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. 86-83 of 17 January 1986 the general provisions applicable to contracting agents of the State taken for the application of theArticle 7 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State;
Considering the opinion of the National Council for Agricultural Education of 2 July 2015;
Considering the opinion of the technical committee of public agricultural education of 3 July 2015;
Having regard to the advice of the National Council for Higher Education and Agricultural, Agri-Food and Veterinary Research of 9 July 2015;
The State Council (Section of Administration) heard,
Decrete:
Title I of Book VIII of the Rural and Maritime Fisheries Code is amended in accordance with Articles 2 and 3 of this Decree.
Sub-section 6 of chapter I, section 3, is supplemented by an article D. 811-93-1, as follows:
"Art. D. 811-93-1.-I.-When local public institutions of agricultural education and vocational training recruit contractual agents of public law, these recruitments are carried out under the conditions prescribed by the articles 4 to 6 sexies of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State, with the exception of those made on the basis of the seventh paragraph of Article L. 811-8 to meet the permanent needs of vocational training and agricultural promotion centres or apprenticeship training centres.
"II.-The contracts of staff recruited under the seventh paragraph of Article L. 811-8 for a permanent job are entered into and renewed under the same conditions as those established by the articles 6 bis and 6 ter Act No. 84-16 of 11 January 1984 on statutory provisions relating to the public service of the State. However:
« 1° The actual six-year period of public service referred to in Article 6 bis shall be counted for all services performed in the context of an occupation under the seventh paragraph of Article L. 811-8 or Articles 4,6,6 quater, 6 quinquies, 6 sexies of that Act;
« 2° A contract entered into pursuant to the seventh paragraph of Article L. 811-8 may be renewed after a period of three years, by an express decision, for an indefinite period.
"III.-The provisions of the Decree No. 86-83 of 17 January 1986 the general provisions applicable to contracting agents of the State taken for the application of theArticle 7 of Act No. 84-16 of 11 January 1984 having statutory provisions relating to the public service of the State shall apply to agents referred to in II."
Chapter II, section 1, is supplemented by sub-section 8 as follows:
"Subsection 8
"Recruitment of contractual agents
"Art. R. 812-24-40.-I.-When the establishments referred to in Article D. 812-1 recruit contractual agents of public law, these recruitments are carried out under the conditions prescribed by the articles 4 to 6 sexies of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State, with the exception of those made on the basis of the fifteenth paragraph of Article L. 812-1 to meet the permanent needs of these institutions.
"II.-The contracts of staff recruited under the fifteenth paragraph of Article L. 812-1 for a permanent job are entered into and renewed under the same conditions as those established by the articles 6 bis and 6 ter Act No. 84-16 of 11 January 1984 on statutory provisions relating to the public service of the State. However:
« 1° The effective six-year period of public service referred to in Article 6 bis shall be counted for all services performed in an occupied employment under the fifteenth paragraph of Article L. 812-1 or 4.6 quater, 6 quinquies, 6 sexies of that Act;
« 2° A contract entered into pursuant to the fifteenth paragraph of Article L. 812-1 may be renewed after a period of three years, by an express decision, for an indefinite period.
"III.-The provisions of the Decree No. 86-83 of 17 January 1986 the general provisions applicable to contracting agents of the State taken for the application of theArticle 7 of Act No. 84-16 of 11 January 1984 having statutory provisions relating to the public service of the State shall apply to agents referred to in II."
The Minister of Finance and Public Accounts, the Minister of Agriculture, Agri-Food and Forestry, spokesperson for the Government, and the Minister of Decentralization and Public Service are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on October 28, 2015.
Manuel Valls
By the Prime Minister:
Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
Stéphane Le Foll
Minister of Finance and Public Accounts,
Michel Sapin
Minister of Decentralization and Public Service,
Marylise Lebranchu
