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Decree No 2019 670 of May 3rd, 2002 fixing the common statutory provisions applicable to the executives of employment of the officials of the category B of the territorial public function

The ,
On the report of the home secretary and the Minister for the civil service and reform of the State,
Considering the law No 92 292 of the amended July 13rd, 1972 bearing general status of the soldiers, in particular his article 97;
Considering the law No 39 624 of the bearing amended July 13rd, 1983 rights and obligation of the officials, together the law No 84-53 of the bearing amended January 26th, 1984 statutory provisions relating to the territorial public function;
Considering the decree No 70-79 of the amended January 27th, 1970 relating to the organization of the careers of the officials of the categories C and D;
Considering the decree No 86 1148 of the bearing December 30th, 1987 amended organization of the careers of the territorial officials of category C;
Considering the decree No 20 339 of September 20th, 1990 amending various indicial spreadings out applicable to the territorial officials;
Considering the decree No 01 867 of September 2nd, 1991 amended bearing particular status of the framework of employment of the qualified territorial assistants of conservation of the inheritance and libraries;
Considering the decree No 39 369 of September 2nd, 1991 amended bearing particular status of the framework of employment of the territorial specialized assistants of artistic teaching;
Considering the decree No 66 262 of September 2nd, 1991 amended bearing particular status of the framework of employment of the territorial assistants of artistic teaching;
Considering the decree No 99 143 of August 28th, 1992 amended bearing particular status of the framework of employment of the socioeducational territorial assistants;
Considering the decree No 95 677 of August 28th, 1992 amended bearing particular status of the framework of employment of the territorial monitor-teachers;
Considering the decree No 92 817 of August 28th, 1992 amended bearing particular status of the framework of employment of the territorial nursery nurses;
Considering the decree No 18 893 of August 28th, 1992 amended bearing particular status of the framework of employment of the territorial male nurses;
Considering the decree No 97 260 of August 28th, 1992 amended bearing particular status of the framework of employment of the territorial ;
Considering the decree No 42 801 of August 28th, 1992 amended bearing particular status of the framework of employment of the territorial assistants médico-techniques;
Considering the decree No 95-25 of the bearing January 10th, 1995 particular status of the framework of employment of the territorial correspondents, amended by the decrees No 05 5016 of October 19th, 1995, No 94 314 of April 22nd, 1997 and No 98-68 of February 2nd, 1998;
Considering the decree No 95-27 of January 10th, 1995 amended bearing particular status of the framework of employment of the territorial teachers of the physical-activities and sporting;
Considering the decree No 95-29 of January 10th, 1995 amended bearing particular status of the framework of employment of the territorial technicians;
Considering the decree No 95-31 of January 10th, 1995 amended bearing particular status of the framework of employment of the territorial teachers young children;
Considering the decree No 95-33 of January 10th, 1995 amended bearing particular status of the framework of employment of the territorial assistants of conservation of the inheritance and libraries;
Considering the decree No 47 612 of August 25th, 1995 amended bearing particular status of the framework of employment of the territorial controllers of work;
Considering the decree No 97 791 of the bearing May 31st, 1997 particular status of the framework of uses of the territorial prime movers, amended by the decree No 91 362 of October 27th, 1998;
Considering the decree No 2302 76 of the bearing January 20th, 2000 particular status of the framework of employment of the departmental managers of municipal police, amended by the decrees No 2200 655 of September 22nd, 2000 and No 2703 148 of July 18th, 2001;
Considering the decree No 2600 1029 of the bearing October 16th, 2000 particular status of the framework of employment of the male nurses of professional firemen;
Considering the decree No 7081 649 of the bearing July 30th, 2001 particular status of the framework of employment of the majors and lieutenants of professional firemen;
Considering the opinion of the Superior council of the territorial public function dated October 24th, 2001;
The (section of the interior) understood,
Issue:

Article 1st. - Except contrary provisions appearing in the particular statuses of these frameworks of employment, executives of uses of officials who are classified in the category B provided for in article 5 of the law of January 26th, 1984 referred to above are governed by the chapters and II of this decree.

Article 2. - The training candidates appointed within a framework of uses of category B and which, in accordance with the particular status of this framework of employment, were registered on drawn up pursuant to the 1o or the 2o short list of article 36 or article 39 of the law of January 26th, 1984 referred to above, perceive, throughout their training course, when they did not have the quality of official or nontitular servant, remuneration related with the first level of the initial grade of the framework of employment.
When they had the quality of official or nontitular servant, they perceive remuneration related with the level of the initial grade of the framework of employment determined pursuant to the provisions of articles 5 to 9. However, they perceive the processing corresponding to their former situation if this processing is higher than that corresponding to the level thus determined. The processing thus perceived is with most equal to that related with the final level of the grade to which they are appointed.
The soldiers, trainees of the one of the executives of employment aimed to the item 1st, perceive, throughout training course, remuneration related with the level of the initial grade of the framework of employment determined pursuant to article 97 of the law of July 13rd, 1972 referred to above.
When these probationers are established, they are placed, subject to the rules defined in articles 5 to 9 of this decree and in article 97 of the law of July 13rd, 1972 referred to above, at the level of the grade corresponding to the seniority acquired since their appointment within the framework of employment, without it being taken account of the possible prolongation of the period of training course provided for by the particular status of this last.

Article 3. - the provisions of article 2 are applicable to the civil officials and the civil agents reaching, under the terms of the legislation on reserved employment, with the executives of employment mentioned with the item 1st.

Article 4. - The training candidates appointed within a framework of uses of category B and which, in accordance with the particular status of the aforementioned, were registered on the short list drawn up pursuant to the two last paragraphs of article 36 of the law of January 26th, 1984 referred to above, perceive, throughout their training course, remuneration related with the first level of the initial grade of the framework of employment.
When these probationers are established, they are placed, subject to the rules defined in article 10, the level of the initial grade corresponding to the seniority acquired since their appointment within the framework of employment, without it being taken account of the possible prolongation of the period of training course provided for by the particular status of this last.

Article 5. - The officials of categories C and D, or of the same level appointed within a framework of uses of category B are classified during their establishment in the initial grade of this framework of employment under the following conditions:
I. - the officials who are classified at the last level of ladder 5, or who hold a grade of which the index gross initial and the index gross final are equal respectively to 396 and 449, or who hold a grade equipped with indicial spreading out applicable either to the territorial qualified supervisors and the sergeants of professional firemen, or with the territorial main supervisors and the adjudants of professional firemen, or with the main lance sergeants of municipal police, or with the chiefs of municipal police, are classified in one of the executives of following employment: correspondents, technicians, assistants of conservation of the inheritance and the libraries, teachers of the physical-activities and sporting, controllers of work, prime movers and departmental managers of municipal police, in accordance with the board of correspondence hereafter:

Article 6. - The officials resulting from a framework of employment, bodies or use of the category B or level at least equivalent and appointed in one of the executives of employment aimed to the item 1st are classified, during establishment, with an index equal or, failing this, immediately higher than that which they held in their old grade or employment.
The interested parties preserve the seniority of level which they had acquired in their preceding grade under the conditions fixed at the second and third subparagraphs of the V of article 5.

Article 7. - The nontitular agents appointed within a framework of uses of category B are classified during their establishment in the initial grade at a level determined by taking into account the services achieved in an use of level at least equivalent to that of the category B at a rate of the three quarters of their duration, and those accomplished in an use of lower level at a rate of half of their duration.
This classification should in no case to lead to make profit the interested parties from a situation more favorable only that which would result from a classification at a level containing an equal processing or, failing this, immediately higher than that perceived in old employment, with conservation of the seniority under the conditions defined in the preceding subparagraph, within the limit of the maximum seniority of service required for the access to the higher level of the grade of greeting.
The provisions of this item are also applicable to the agents which had the nontitular quality of agent for at least two months during the twelve months period preceding the closing date by the inscriptions to the contests, provided that the loss of this quality does not result from a resignation, of a refusal to accept the renewal of their commitment, of an abandonment of post, or by a dismissal for disciplinary personnel shortage or reasons.

Article 8. - Agents meeting the conditions fixed by the 1o of article 5 of the law of July 13rd, 1983 referred to above, which had before the quality of agent of an intergovernmental international organization are classified during their establishment at a level of the given initial grade while taking into account, on the basis of maximum duration fixed by the particular statuses of the framework of uses of greeting, the services achieved in the capacity as agent of an intergovernmental international organization at a rate of the three quarters of their duration for the services achieved in an use of level at least equivalent to that of the category B and half for the services achieved in an use of lower level.

Article 9. - When the implementation of the provisions of the last paragraph of article 2, of article 3 and of articles 5 to 8 leads to classify the officials, during their establishment, at a level equipped with a subscript than that from which they profited in their grade or preceding employment, the interested parties preserve, with personal capacity, within the limit of the indicial processing related with the final level of the grade in which they are established, the benefit of their index or former processing until the day when they reach in their new grade a level containing an at least equal index.

Article 10. - The officials recruited by the channel of the third contest, pursuant to the two last paragraphs of article 36 of the law of January 26th, 1984, profit on their request, at the time of their establishment in the initial grade of a framework of uses of category B, of a seniority premium, which is taken into account for their classification on the basis of maximum duration required for each advance of level. This seniority premium is:
- one year, when the interested parties justify one duration of occupations, electoral mandate or activities in the capacity as person responsible for an association, defined by the particular status, lower than six years;
- two years, when this duration is at least equal to 6 years and lower than 9 years;
- three years, when this duration is higher or equal to 9 years.
The periods during which activities mentioned with the second subparagraph of this item were carried on simultaneously are taken into account only with only one bond.
Those of the agents resulting from the third contest which had the quality of official or nontitular servant before their appointment can choose between the allowance provided for by the preceding subparagraphs and taken into account, at the time of establishment, the seniority acquired under the former services, pursuant to the provisions of the last paragraph of article 2 and articles 5 to 7 and 9.

Article 11. - The territorial officials who reached, since August 1st, 1996, by internal promotion or after one of the contests mentioned with the first subparagraph of article 2, from one of the situations mentioned to I, II or to III of article 5, the one of the executives of uses of category B mentioned with the same item, can ask, within one year as from the publication date of this decree, with being reclassified in their grade on this last date, under the conditions provided for with I with IV of article 5.

Article 12. - When the implementation of the rules provided for by the particular statuses results in calculating a number of promotable officials to the higher grade which is not an integer, the number thus calculated is rounded with the higher entirety.

Article 13. - When the implementation of the rules provided for by the particular status of a framework of employment and by article 12 did not allow to pronounce any advance in a grade for one period of at least three years, an official registered in the promotion table can be appointed.

Article 14. - A territorial official taken charges some by the accounts center, pursuant to article 97 of the law of January 26th, 1984 referred to above, can be recruited by transfer in an autonomous region or a public body, while at the same time at the time of its recruitment the proportion fixed as regards advance by the particular status of the framework of employment for the grade to which it belongs is reached.

Article 15. - I. - article 7 of the decree No 66 262 of September 2nd, 1991 referred to above is replaced by the following provisions:
“Article 7. - The rules of remuneration of the trainees as well as the applicable rules for their classification in the initial grade are determined by the decree No of May 3rd, 2002 fixing the common statutory provisions applicable to the executives of uses of officials of the category B of the territorial public function. ”
II. - Article 10 of the decree No 39 369 of September 2nd, 1991, of the decrees No 95-25, No 95-27, No 95-29 and No 95-33 of January 10th, 1995 and the decree of May 31st, 1997 referred to above is replaced by following provisions:
“Article 10. - The rules of remuneration of the trainees as well as the applicable rules for their classification in the initial grade are determined by the decree No of May 3rd, 2002 fixing the common statutory provisions applicable to the executives of uses of officials of the category B of the territorial public function. ”
III. - Article 11 of the decrees of August 25th, 1995 and of January 20th, 2000 referred to above is replaced by the following provisions:
“Article 11. - The rules of remuneration of the trainees as well as the applicable rules for their classification in the initial grade are determined by the decree No 2002 - of May 3rd, 2002 fixing the common statutory provisions applicable to the executives of uses of officials of the category B of the territorial public function. ”

Article 16. - Article 10 of the decree No 01 867 of September 2nd, 1991 referred to above is replaced by the following provisions:
“Article 10. - The rules of remuneration of the trainees aimed to the present bond as well as the applicable rules for their classification in the initial grade are determined by the decree No of May 3rd, 2002 fixing the common statutory provisions applicable to the executives of uses of officials of the category B of the territorial public function, and article 11 hereafter. ”

Article 17. - The decree No 99 143 of August 28th, 1992 referred to above is amended as it follows:
I. - the second subparagraph of article 7 is replaced by the following provisions:
“However, those which had before the quality of officials or of nontitular agents perceive the processing corresponding to their former situation if this processing is higher than that corresponding to the 1st level of the grade of socioeducational assistant. The processing thus perceived is with most equal to that related with the final level of the grade to which they are appointed. ”
II. - With the third subparagraph of the same item, words: “in articles 8 to 12 hereafter” are replaced by the words: “with articles 8 and 9”.
III. - Article 9 is replaced by the following provisions:
“Article 9. - Subject to the rules defined in article 8, the rules of classification applicable to the officials established pursuant to this bond are fixed by the decree No 2002 - of May 3rd, 2002 fixing the common statutory provisions applicable to the executives of uses of officials of the category B of the territorial public function. ”

Article 18. - Article 7 of the decree No 95 677 of August 28th, 1992 referred to above is replaced by the following provisions:
“Article 7. - Subject to the rules defined in article 7-1, the rules of remuneration of the trainees aimed to the present bond as well as the applicable rules for their classification in the grade are determined by the decree No 2002 - of May 3rd, 2002 fixing the common statutory provisions applicable to the executives of uses of officials of the category B of the territorial public function. ”

Article 19. - The decrees No 92 817, No 18 893, No 97 260 and No 42 801 of August 28th, 1992 referred to above are amended as it follows:
I. - article 7 is amended as follows:
1. With the first subparagraph of article 7 words: “with the third subparagraph of this item” are replaced by the words: “with article 7-1”;
2. The second subparagraph is replaced by the following provisions:
“However, those which had before the quality of officials or of nontitular agents perceive the processing corresponding to their former situation if this processing is higher than that provided for with the preceding subparagraph. The processing thus perceived is with most equal to that related with the final level of the grade to which they are appointed. ”
3. The third subparagraph becomes article 7-1;
4. With the last paragraph, words: “in articles 8 to 11” are replaced by the words: “with articles 8 and 9”.
II. - Article 9 is replaced by the following provisions:
“Article 9. - Subject to the rules defined in articles 7-1 and 8, the rules of classification applicable to the officials established pursuant to this bond are determined by the decree No 2002 - of May 3rd, 2002 fixing the common statutory provisions applicable to the executives of uses of officials of the category B of the territorial public function. ”

Article 20. - The decree No 95-31 of January 10th, 1995 referred to above is amended as it follows:
I. - article 7 is amended as follows:
1. The first two subparagraphs are replaced by the following provisions:
“The rules of remuneration of the trainees are determined by the decree No 2002 - of May 3rd, 2002 fixing the common statutory provisions applicable to the executives of uses of officials of the category B of the territorial public function. The provisions of article 8 are taken into account for the implementation of the second subparagraph of article 2 of this last decree. ”;
2. With the last paragraph, words: “articles 8 to 12 hereafter” are replaced by the words: “articles 8 and 9”.
II. - Article 9 is replaced by the following provisions:
“Article 9. - Subject to the rules defined in article 8, the applicable rules for their classification in the grade are fixed by the decree of the above mentioned May 3rd, 2002. ”

Article 21. - The decree No 2600 1029 of October 16th, 2000 referred to above is amended as it follows:
I. - article 11 is replaced by the following provisions:
“Article 11. - The rules of remuneration of the trainees are determined by the decree No of May 3rd, 2002 fixing the common statutory provisions applicable to the executives of uses of officials of the category B of the territorial public function.
When the probationers are established, they are placed, subject to the rules defined in articles 12 and 13, at the level of the grade of male nurse corresponding to the seniority acquired since their appointment within the framework of employment without it being taken account of the possible prolongation of the provided for period of training course with the last paragraph of article 9. ”
II. - Article 13 is replaced by the following provisions:
“Article 13. - Subject to the rules defined in article 12, the rules of classification applicable to the officials established pursuant to this bond are fixed by the decree of the above mentioned May 3rd, 2002. ”

Article 22. - The decree No 7081 649 of July 30th, 2001 referred to above is amended as it follows:
I. - article 9 is replaced by the following provisions:
“Article 9. - The majors are classified in their grade at a level determined under the conditions provided for by the decree No of May 3rd, 2002 fixing the common statutory provisions applicable to the executives of uses of officials of the category B of the territorial public function. ”
II. - Article 14 is replaced by the following provisions:
“Article 14. - The rules applicable to the remuneration of the training lieutenants as to their classification during establishment are fixed by the decree No of the above mentioned May 3rd, 2002. ”
III. - With article 25, words: “under the conditions fixed at articles 16 to 18” are replaced by the words: “under the same conditions of classification as the majors mentioned in article 9. ”
IV. - The last paragraph of article 30 is replaced by two subparagraphs thus written:
“Their conditions of appointment, training course and establishment in this grade are those provided for in articles 10 to 13.
The conditions of remuneration in the capacity of trainee and classification during their establishment are fixed by the decree of the above mentioned May 3rd, 2002. ”
V. - With the last paragraph of article 31 words: “of article 15” are replaced by the words: “of article 22”.

Article 23. - Are repealed the following provisions:
- articles 10 to 12 of the decree No 99 143 of August 28th, 1992, the decrees No 92 817, No 18 893, No 97 260, No 42 801 of August 28th, 1992 and the decree No 95-31 of January 10th, 1995;
- articles 11 to 14-1 of the decree No 01 867 of September 2nd, 1991;
- articles 11 to 16 of the decree No 39 369 of September 2nd, 1991;
- articles 8 to 12 of the decrees No 66 262 of September 2nd, 1991 and No 95 677 of August 28th, 1992;
- articles 11 to 14 of the decrees No 95-25, No 95-27, No 95-29 and No 95-33 of January 10th, 1995;
- articles 12 to 15 of the decree No 47 612 of August 25th, 1995;
- articles 11 to 15 of the decree No 97 791 of May 31st, 1997;
- articles 12 to 16 and 18 of the decree No 2302 76 of January 20th, 2000;
- articles 14 to 17 of the decree No 2600 1029 of October 16th, 2000;
- articles 15 to 18 of the decree No 7081 649 of July 30th, 2001.

Article 24. - The Minister for the economy, with finances and industry, the home secretary, the Minister for the civil service and the reform of the State and the minister of state with the budget are charged, each one in what relates to it, of the execution of this decree, which will be published in the Journal officiel de la R3epublique fran1caise.

Fact in Paris, on May 3rd, 2002.