Key Benefits:
The Prime Minister,
On the report of the Minister of Employment, Social Cohesion and Housing,
Given the code of administrative justice;
Given the Labour Code, including article L. 311-7;
Given the code Public procurement;
In view of Act No. 84-834 of 13 September 1984 on the age limit in the civil service and the public sector, as last amended by Act No. 2005-842 of 26 July 2005 for the confidence and modernisation of The economy;
Due to Act No. 85-11 of 3 January 1985 on the consolidated accounts of certain commercial companies and public enterprises;
In view of Decree No. 55-733 of 26 May 1955 on the economic and financial control of the State;
Vu Decree No. 62-1587 of 29 December 1962 on the general regulation on public accounting;
In light of the amended Decree No. 90-437 of 29 May 1990 laying down the conditions and rules for the settlement of the costs of changes in residence Civil personnel in the metropolitan territory of France when they are responsible for the budgets of the State, national public institutions of an administrative nature and certain subsidised bodies;
Given Decree No 92-681 of the 20 July 1992 on revenue authorities and imprest accounts of public bodies;
Having regard to Decree No. 95-606 of 6 May 1995 establishing advisory bodies to the National Employment Agency;
In view of Decree No. 2005-436 of 9 May 2005 on the special status of the body of general economic and financial control;
In light of Decree No. 2006-781 of 3 July 2006 laying down the conditions and rules for the settlement of the costs of temporary movement of Civilian personnel of the State;
In view of Decree No. 2007-61 of 16 January 2007 on the State Procurement Committee of the State;
In view of the opinion of the Management Board of the National Employment Agency dated 15 December 2006;
Seen the Referral to the National Joint Consultative Committee of the National Employment Agency as of 25 January 2007;
In view of the opinion of the Senior Committee on Employment of 8 March 2007;
The Conseil d' Etat (social section) heard,
Décrète:
Article R. 311-4-1 of the Labour Code is replaced by the following:
" Art. R. 311-4-1. -The National Employment Agency is a public institution of an administrative nature. It is administered by a board of directors and headed by a director-general appointed by a decree taken on the report of the minister responsible for employment
It is organised in regional directorates, consisting of delegated directorates and local employment agencies. "
Article R. 311-4-2 of the same code is thus amended:
I.-After the fifth paragraph, it is inserted after the fifth paragraph: "
" 5 ° Three representatives of the local authorities designated by the Association of Mayors of France, the Assembly of the Departments of France and the Association des régions de France ;
II. -The following sentence shall be inserted after the first sentence of the sixth subparagraph: ' The age limit applicable to him shall be seventy years." ;
III. -In the seventh paragraph, the words: Where appropriate, in accordance with the arrangements laid down in the Convention provided for in Article L. 311-8 between the National Employment Agency and the bodies referred to in Article L. 351-21 " Are deleted and after the words: " At national level " Are added the words: " And interprofessional ".
In the second paragraph of article R. 311-4-3 of the same code, the words: " After notice " Are replaced by the words: " On proposal ".
Article R. 311-4-4 of the same code is replaced by the following:
" Art. R. 311-4-4. -The Administrative Board shall draw up its rules of procedure. Deliberate on the following topics:
" 1 ° The general guidelines of the National Employment Agency for the execution of its mission and plans for the development of its activities;
" 2 ° Conventions with the State of national scope, in particular the contract of progress;
" 3 ° Cooperation conventions of national scope with the institutions and bodies referred to in Article L. 351-21;
" 4 ° The conventions of national scope with the bodies responsible for implementing and adapting the personalised employment access project established by Article R. 311-3-11;
" 5 ° Territorial settlement programme proposed by the Director General;
" 6 ° Annual activity report;
" 7 ° Budget and amending decisions;
" 8 ° The financial account submitted by the accounting officer;
" 9 ° Outstanding borrowings and outstanding amounts of cash;
" 10 ° Acceptance of gifts and bequests;
" 11 ° Decisions on financial participation, participation in groups of economic interest, public interest groups or European groupings of territorial cooperation or establishment of subsidiaries;
" 12 ° General pricing conditions for services rendered;
" 13 ° Conditions for reimbursement of transport and job search costs incurred by certain jobseekers whose reclassification requires special treatment;
" 14 ° The conditions for the implementation of individual measures to promote the professional integration, reclassification or promotion of workers;
" 15 ° The general conditions under which the National Employment Agency entruss specialised providers with the execution of actions organised in favour of job seekers or
. The proceedings referred to in the 7 °, 8 ° and 9 ° shall be enforceable within 15 days of the notification of the minutes, except opposition from the Ministers responsible for employment and the budget
The proceedings concerning the other matters shall be binding if, within 15 days after the notification of the minutes, the Commissioner of the Government has not made known his reasoned
. The Administrative Board shall give its opinion on the projects concerning the Staff Regulations and any matter referred to it by the Minister responsible for Employment, by the Director General of the National Employment Agency or by the President. It also gives its opinion on the conventions between the National Employment Agency and its subsidiaries
The consolidated accounts of the National Agency for Employment and its subsidiaries and the report on the management of the group they constitute, established pursuant to Article 13 of Act No. 85-11 of 3 January 1985 on consolidated accounts Some commercial companies and public companies are presented to the Board of Directors prior to their publication. "
Article R. 311-4-5 of the same code is replaced by the following:
" Art. R. 311-4-5. -The Director General shall act in court on behalf of the institution and shall represent it in all acts of civil life. He can compromise. It shall ensure the execution of the deliberations of the Management Board and shall take all decisions other than those which fall within the competence of that Board. He is the principal authorising officer. He appoints the Regional Directors. It may, in any matter, delegate its signature to any person in charge of the institution. "
It is inserted after item R. 311-4-5 of the same code, an R. 311-4-5-1 worded as follows:
" Art. R. 311-4-5-1. -I.-The Regional Director runs and monitors the activity of the National Employment Agency in the region. It shall have authority over the managing directors, the local agency directors and all staff of the region under the conditions laid down in the decree laid down in Article R. 311-4-20
In accordance with the guidelines laid down by the Management Board, and after the opinion of the Regional Committee, it shall propose to the Director General the organisation of the delegated directorates and local agencies to be retained in the region
It represents the National Agency for Employment in its relations with users, in the acts of civil life of interest to the region, in particular those relating to acquisitions, exchanges and disposals of immovable property. It is aware of the hierarchical use of users in decisions taken on behalf of the National Agency for
. It can receive delegation of authority in other areas. In accordance with Article R. 311-4-11, he reports to the regional prefect of the activities of the National Employment Agency in the region
It can delegate its signature to other agents in the region.
" II. -By decision of the Director General, the Regional Director may be in charge of the duties of the Managing Director and may exercise the duties assigned to him by sections R. 311-3-5 and R. 311-3-6. "
Article R. 311-4-6 of the same code is replaced by the following:
" Art. R. 311-4-6. -A regional committee shall be set up with each Regional Director of the National Employment Agency. This committee includes:
" 1 ° A president;
" 2 ° Five members representing employers and five members representing employees designated by employers'and employees' organisations most representative at national level;
" 3 ° Five members representing interested administrations, including the Regional Director for Labour, Employment and Vocational Training, appointed by the Prefect of the region;
" 4 ° A regional adviser appointed on the proposal of the President of the Regional Council; in Corsica, an adviser to the Assembly of Corsica appointed on the proposal of the President of the Executive Council of Corsica;
" 5 ° A representative of the departments of the region designated by the Assembly of French departments;
" 6 ° A representative of the municipalities of the region designated by the Association of Mayors of France
The President shall be appointed by order of the Prefect of the region from persons in the region with a competence in the field of employment
Members representing employers, employees and their alternates shall be appointed by order of the Prefect of the region. Members representing Authorities can be replaced by agents belonging to the same service.
" The Regional Director of the National Employment Agency and the secondary accounting officer shall participate in the sessions with a consultative
. The members of the Regional Committee shall be appointed for three years. This mandate is renewable.
" Members who have died or who have resigned must be replaced within three months. In this case, the term of office of the new members shall expire on the date on which the term of their predecessor would normally be
. The Regional Committee of the National Employment Agency shall elect a Vice-Chairperson for one year, alternately among representatives of employers and employees. "
In the fourth paragraph of R. 311-4-7 of the same code, the words: " Is heard by the Regional Committee " Are replaced by the words: " Attend committee meetings ".
Article R. 311-4-8 of the same code is replaced by the following:
" Art. R. 311-4-8. -The Regional Committee shall assist the Regional Director of the National Employment Agency. It gives its opinion on:
" 1 ° The orientations of the action of the National Agency for Employment in the region and the plans for the development of its activities;
2 ° Regional or local agreements with bodies responsible for implementing and adapting the personalised access to employment project established by Article R. 311-3-11;
" 3 ° The organisation of the National Employment Agency in the region in accordance with the procedures laid down in Article R. 311-4-5-1;
4 ° Regional Management Budget;
" 5 ° The annual regional activity report.
" It shall be informed of regional or local agreements and contracts relating to the monitoring and support of jobseekers. "
I. -In Article R. 311-4-11 of the same code, the words: Regional Directors of Labour and Employment " And " Departmental managers of labour and employment " Are replaced by the words: " Regional Directors of Labour, Employment and Vocational Training And " Departmental managers of labour, employment and vocational training " ;
II. -In the second paragraph of Article R. 311-4-11 of the Code, the words: Public placement service " Are replaced by the words: " Public employment service ".
Article R. 311-4-15 of the same code is replaced by the following:
" Art. R. 311-4-15. -The budget of the National Employment Agency includes in revenue state subsidies and, where appropriate, grants from public or private bodies or those of local authorities, income from buildings, sales of Publications, royalties for services rendered and other revenues.
" It shall include, in expenditure, the costs of personnel, operation and equipment, expenditure on intervention and, in general, all those necessary for the financing of the activities of the National Employment
. The budget presented each year to the Board of Directors includes:
" 1 ° A forecast profit account in which staff credits have a limiting character;
" 2 ° A forecast financing table.
" In the event that the budget has not been approved by the Management Board or approved by the supervisory authority before the beginning of the financial year, the revenue and expenditure operations shall be carried out on the basis of the budget of the previous year of The National Employment Agency. "
In R. 311-4-18 of the same code, the words: " Decree of 29 December 1962 referred to above and the aforementioned decree of 28 May 1964 " Are replaced by the words: " Decree No. 92-681 of 20 July 1992 on revenue authorities and imprest accounts of public bodies ".
Article R. 311-4-19 of the same code is replaced by the following:
" Art. R. 311-4-19. -Contracts concluded by the National Employment Agency shall be subject to the procurement rules laid down in the Public Procurement Code and, as they relate to computer services, to the provisions of Decree No. 2007-61 of 16 January 2007 concerning the State Procurement Committee of the
. The Director General of the National Employment Agency shall determine the conditions for the application of this Article
The Regional Directors shall exercise the contracting authority in respect of contracts within the limits of their powers. "
In the first paragraph of article R. 311-4-20 of the same code, the words: " And his pension plan " Are replaced by the words: " , its pension plan and the guarantees of supplementary insurance and reimbursement of health care expenses ".
After article R. 311-4-22 of the same code, are added R. 311-4-23 to R. 311-4-26 thus written:
" Art. R. 311-4-23. -The activities of the subsidiaries set up by the National Employment Agency correspond to the tasks defined in Article L. 311-7. They may also be used to manage the means necessary to carry out the tasks of the National Employment
. Art. R. 311-4-24. -The draft deliberation submitted to the Board of Directors for the establishment of a subsidiary, pursuant to Article R. 311-4-4, is accompanied by the following documents:
" 1 ° The draft statutes of the subsidiary;
" 2 ° A study on the business and development prospects of the subsidiary, together with the forecast accounts for three financial years and the corresponding financing plan;
" 3 ° The estimate of the staff of the subsidiary specifying the duties of staff for a period of three years;
" 4 ° The identity, the written undertaking of the other natural or legal persons holding shares or shares, the amount and the forecast evolution over three years of the share capital and its distribution, supplemented, where appropriate, by the deliberation Legislative bodies of legal persons holding shares or shares in the subsidiary;
" 5 ° A draft convention between the National Agency for Employment and its subsidiary
Art. R. 311-4-25. -The agreement concluded between the National Employment Agency and its subsidiary shall include financial and accounting provisions which shall ensure the conditions necessary for a competitive exercise of the activities of the
. It also specifies the contributions of any kind to the subsidiary from the National Agency for Employment, their recovery and the manner in which they are
. It also specifies the arrangements for regular information on the activities, results and performance of the subsidiary body of the National Agency for Employment and its supervisory authority.
" Art. R. 311-4-26. -I.-Where the National Employment Agency makes decisions or concludes conventions on behalf of the State, it shall also act, on behalf of the State, in the event of administrative appeals against such decisions or conventions. Hierarchical actions are brought before the Regional Director when he or she has received a signature delegation.
" II. -The Agency shall represent the State before the competent courts in the event of disputes relating to such decisions or conventions. "
In all the regulatory texts where they appear, the words: " Regional delegate of the National Employment Agency " And " Regional delegate " Are replaced by the words: " Regional Director of the National Employment Agency " And " Regional Director ", the words: Departmental delegate of the National Employment Agency " And " Departmental delegate " With the words: " Associate Director of the National Employment Agency " And " Associate Director ", and the words: Local agency heads " With the words: " Local employment agency directors ".
Article R. 834-1 of the same code is replaced by the following:
" Art. R. 834-1. -In the overseas departments, the services of the National Employment Agency are organised in regional directorates. "
In the first paragraph of Article R. 431-9 of the Administrative Justice Code, after the words: " Of Article R. 431-10 " Are added the words: " Of this Code, of the provisions of Article R. 311-4-26 of the Labour Code ".
The first paragraph of Article R. 311-4-14 and the fourth, fifth and sixth paragraphs of R. 311-4-15 of the Labour Code, in their drafting following this Decree, shall apply to the budgets of the National Agency For employment beginning in 2008.
Done at Paris, 27 March 2007.
Dominique de Villepin
By the Prime Minister:
Minister of Employment,
Social Cohesion and Housing,
Jean-Louis Borloo
The Minister of Economics,
Finance and Industry,
Thierry Breton
The Minister of Employment, at work
, and the professional integration of youth,
Gérard Larcher