Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Finance and Industry and the Minister of the Public Service and State Reform,
In the light of Law No. 83-634 of 13 July 1983 as amended Rights and obligations of civil servants, in particular Article 9, set of law n ° 84-16 of 11 January 1984, as amended on statutory provisions Relating to the public service of the State;
In view of Law No. 2000-108 of 10 February 2000 on the modernisation and development of the public electricity service;
The Council of State (finance section) heard,
Clipping:
Representatives of the administration of the Committee, holders or substitutes, shall be appointed by decision of the Chairman of the Electricity Regulation Commission among the officers of the Commission Specially qualified to deal with matters falling within the competence of the Joint Technical Committee.
Staff representatives in the Technical Committee shall be freely appointed by the trade unions of officials fulfilling the requirements laid down in Articles L. 411-3, L. 411-4 and L. 411-12 of the Job code.
For this purpose, the The conditions laid down by the President's decision, a consultation of staff in order to assess the representativeness of these trade union organisations in the Commission for the Regulation of Electricity. Only the trade unions of officials mentioned in the 1 ° and 2 ° of Article 14 of the aforementioned Law of 11 January 1984 are entitled to present themselves.
The terms of this staff consultation are defined by a decision of the President of the Electricity Regulatory Commission published in the Official Journal.
A second consultation shall be carried out if no representative trade union organisation has made an application or if the number of voters, established by the On the list of electors, is less than half of the number
If the number of voters is less than one-half of the voting members, the counting of the votes is not carried out.
This new election takes place within a time limit that cannot be greater than ten Weeks from the application deadline, where no representative trade union organization has submitted an application, that is, the date of the first ballot when the participation in that poll was lower than the rate Fixed in the preceding paragraph. For the second ballot, any trade union of civil servants may apply.
When several trade union organisations affiliated to a common union of civil servants have submitted competing applications For the same consultation, the administration shall inform, within three clear days, from the application deadline, the person in charge of each of the organisations. The latter shall then have three clear days in which to make the necessary changes or withdrawals of applications.
If, after the expiry of the latter period, these modifications or withdrawals have not occurred, the President shall The Commission for the Regulation of Electricity shall, within three clear days, inform the Union of the trade unions whose organisations are claiming. The Commission shall then have a period of five clear days to inform the President of the Electricity Regulation Commission, by registered letter, with a request for notification of receipt, the organisation which will be able to take advantage of the The Union.
In the absence of such indications, the trade unions having submitted competing applications may not benefit from the provisions of Article 14 of the aforementioned Law of 11 January 1984.
The President of the Commission Regulation of electricity, in the light of the results of the consultation, The list of organisations capable of designating representatives and sets the number of seats of holders and substitutes assigned to each of them.
Members and alternates of the Joint Technical Committee shall be appointed for three years. However, members appointed on the proposal of a trade union organisation shall cease to be a member of the Joint Technical Committee if this organisation so requests in writing to the Chairman of the Electricity Regulation Commission. The termination of duties shall be effective one month after the receipt of the request.
The President may, by decision, terminate the term of office of a representative of the administration of the
. Either belong as officials or as non-incumbent agents to the Electricity Regulation Commission or be seconded to the Commission or made available pursuant to Article 41 of the Act of 11 January 1984 Above.
Representatives of the Administration of the Committee and of the staff, the holders or alternates of the Joint Technical Committee coming, during the period of three Years referred to in Article 4 above, by Following resignation, long-term leave under Article 34 of the aforementioned Law of 11 July 1984, lay-off, interruption or expiry of the contract of employment or for any other cause than promotion, to cease Posts for which they have been appointed shall be replaced in the forms provided for in Articles 2, 3 and 4 above.
The same shall apply to the agents affected by one of the disabilities referred to in Articles L. 5 to L. 7 of the Election Code, as well as Officers who have been demoted or have been temporarily excluded from Functions contained in the third group of disciplinary sanctions listed in Article 66 of the aforementioned Act of 11 January 1984 and those which have been the subject of a sanction provided for in Article 43 of Decree No 86-83 of 17 January 1986 Amending the general provisions applicable to non-state agents of the State, unless they have been amnestied or have benefited from a decision accepting their application that no trace of the sanction imposed shall Remain on file.
The term of the alternates ends at the same time as that of the Other members of the Joint Technical Committee.
The Joint Technical Committee has questions and draft general texts relating to:
1. To the organization of the Electricity Regulatory Commission;
2. Under the operating conditions of the Electricity Regulatory Commission;
3. Programmes to modernise work methods and techniques and their impact on the situation of staff;
4. Recruitment of staff;
5. The training program;
6. Statutory rules;
7. Employment of persons with disabilities and professional equality;
8. For health and safety;
9. Changes in staff and qualifications;
10. The criteria for the allocation of performance awards.
The Joint Technical Committee shall receive an annual report on the status of the commission. The Joint Technical Committee debate the report.
It is informed of the training opportunities available to officers and the results achieved.
The permanent secretariat of the Joint Technical Committee is provided by one of the representatives of the Commission's administration. A staff representative is appointed by the committee to serve as an assistant secretary.
Minutes are issued after each session. It shall be signed by the President of the sitting, countersigned by the Secretary and the Deputy Secretary and transmitted to the members of the Committee within 15 days. This record is approved at the next sitting.
The Joint Technical Committee shall establish its rules of procedure, which shall be subject to approval The Chairman of the Electricity Regulation Commission.
The Joint Technical Committee shall meet at least twice a year upon convocation by its At his own initiative or, within a maximum period of two months, upon written request of at least half of the representatives holding the staff.
The convocation of the Joint Technical Committee shall fix the agenda for the meeting. Issues falling within the competence of the committee whose review has been requested by at least half of the staff representatives are on the agenda.
Alternates may attend committee meetings without authority Take part in the debates. The
of the Joint Technical Committee may summon experts at the request of the organizations or at the request of the organizations. Union so that they are heard on a point on the agenda.
The experts are not voting. They shall only be able to attend, with the exception of the vote, part of the debates on the matters for which they have been requested.
The committee Joint Technical Committee shall deliver an opinion to the majority of the members present. If the vote is taken, it shall be held by a show of hands. Abstentions are allowed. In the event of a tie, the opinion shall be deemed to have been given or the proposal formulated.
A leave of absence shall be granted to the representatives of the staff, holders and alternates, on the Joint Technical Committee and to the experts to take part in the meetings of this Committee in application of the The fourth paragraph of Article 9, to enable them to participate in the meetings of the Committee on the mere presentation of their convocation. The duration of this authorisation shall be calculated taking into account the foreseeable duration of the meeting, increased by an equal amount of time in order to put the persons concerned in a position to ensure the preparation and reporting of the work of this committee
Holders and alternates of this Joint Technical Committee and the experts summoned shall receive no compensation as a result of their function in this Committee.
The Minister of Economy, Finance and Industry, the Minister of Public Service and Government Reform, the Minister delegated to industry, small and medium-sized enterprises, trade, Craft and consumption and the Secretary of State for the budget shall each have responsibility for the implementation of this Decree, which shall be published in the Official Journal of the French Republic.
Done at Paris, April 30, 2002.
Lionel Jospin
By the Prime Minister:
Finance and Industry Minister
Laurent Fabius
Public Service Minister
and state reform,
Michel Sapin
Le Minister Delegate to Industry,
to Small and Medium-sized Enterprises,
to Commerce, Handicrafts
and Consumption,
Christian Pierret
Budget Secretary,
Florence Parly
