Decree No. 2002 - 1170 Of 16 September 2002 On The Derogations From The Minimum Guarantees Of Time Of Work And Rest Periods Applicable To The Personnel Of The General Directorate Of Civil Aviation Traffic Control Missions, Maintenance And...

Original Language Title: Décret n° 2002-1170 du 16 septembre 2002 portant dérogations aux garanties minimales de durée de travail et de repos applicables aux personnels de la direction générale de l'aviation civile assurant des missions de contrôle, de maintenance et ...

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Summary Application of directive 93/104/EC of the Council of 23 November 1993, art. 3 of Decree No. 2000-815 of 25 August 2000.Le this order is intended to allow derogations to minimum guarantees of time of work and rest to the staff of the Directorate General of civil aviation, in accordance with the provisions laid down in article 3 - II of Decree No. 2000-815 of 25 August 2000 on the development and the reduction of working time in the public service of the State in relation to the maximum amplitude and the daily duration of the working day in organizations providing air control services. The DGAC's mission to ensure the control of security and regularity of air traffic. As such, work in the air navigation control, operating agencies and maintenance services organizations has the particularity of having, by necessity, the continuity of the service and usually involves separate work arrangements of those in effect in the public service of the State. The authorities in charge of civil aviation were therefore brought more than 20 years, to adopt the technical staff who work in these agencies of detailed rules of Labour Organization, which derogate from the provisions introduced by the Decree of 25 August 2000. This atypical Labour Organization showed its effectiveness with regard to the continuity of the service, essential air traffic and traffic safety. This order is part of a set of texts for the application of Decree No. 2000-815 of 25 August 2000 on the development and the reduction of working time:-an inter-ministerial decree laying down in implementation of article 1 of the Decree, the durations of less than 1600 hours annual working time as air traffic controllers whose working time is already 32 hours per week and for permanent hours continuous or non-continuous staff exercising their functions in organizations of maintenance and exploitation. Only the latter benefit from a further reduction of their time of work compared to the previous situation. This order also establishes a list of the right opening functions to specific working arrangements laid down in article 10 of the same Decree - of ministerial orders defining the cycles and the organisation of the work according to the types of maintenance or control and operating. This Decree provides on the one hand, that in organizations that contribute to the provision of air traffic services, the daily effective working time may reach - 11 hours for agents exercising their functions in services in permanent schedules (all days of the year) or continuous permanent schedules (all days of the year and 24 hours a 24) - 12 hours at night vacations for controllers exercising their qualification and control for higher studies and the operation of civil aviation technicians carrying in some services (regional offices of aeronautical information, telecommunication and information offices of flight in route of air navigation centres), offices of the runway and air traffic control engineers and higher technicians studies and the operation of civil aviation in function to the operations of the centre subdivision Central air navigation systems operating. The Decree provides, on the other hand, the maximum amplitude of the working day can reach 12 h 30 for agents who provide the supervision and maintenance of the equipment and systems that contribute to the safety of the flights, which provide continuous aeronautical information for the international NOTAM Office and the office of aeronautical information, as well as the agents who provide , in continuous permanent schedule, their functions in plants for energy production. In return for these constraints, break or meal time will be integrated in time of actual work, under conditions laid down by an order of the Minister responsible for civil aviation.
Keywords equipment, transport, air TRANSPORT, public service of the State, Central ADMINISTRATION, Directorate General of civil AVIATION, DGCA, air NAVIGATION, air traffic, control, MAINTENANCE, operations, PERSONNEL, time working, ARTT, time work, reducing the time work, RTT, 35 hours, DEROGATION, warranty, hours of work, duration weekly rest JORF n ° 218, September 18, 2002 page 15356 text no. 17 Decree No. 2002-1170 of 16 September 2002 on the derogations from the minimum work guarantees and rest applicable to the personnel of the General Directorate of civil aviation traffic control missions, maintenance and operating in the field of air navigation NOR: EQUA0200436D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/9/16/EQUA0200436D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2002/9/16/2002-1170/jo/texte Prime Minister, on the report of the Minister of equipment transport, housing, tourism and the sea, the Minister of economy, finance and industry and the Minister of public service, the reform of the State and the development of the territory, having regard to directive 93/104/EC of the Council of 23 November 1993 concerning certain aspects of the organisation of working time;
Considering Decree No. 2000-815 of 25 August 2000 on the development and the reduction of working time in the public service of the State, and in particular article 3;
Having regard to the opinion of the Technical Committee joint ministerial dated June 25, 2001;
Having regard to the opinion of the High Council of the public service of the State as of July 12, 2001;
The Council of State (finance section) heard, enacts as follows: Article 1 more on this article...

I. - Bodies which Directorate-General of civil aviation, ensure control missions, maintenance and operating in the field of air navigation are called, for the purposes of this Decree: a) schedules A permanent when they have an activity every day of the year;
b) permanent hourly A continuous when they have an activity every day of the year and around the clock.
II. - Is a vacation within the meaning of this order the period of uninterrupted presence in the workplace, which begins at the service tap and ends at the end of agent service.


Article 2 more on this article...

In organizations that provide mission control, maintenance and operating in the field of air navigation, it is deviated from the minimum guarantees referred to in I of article 3 of the Decree of 25 August 2000 referred to above, in relation to the daily hours of actual work and the maximum amplitude of the working day.
I. - Subject to the provisions of II and III, the daily hours of effective work can be set for up to 11 hours for agents exercising their functions in organisms permanent hours or continuous permanent schedules.
II. - When the vacation is done at night, the daily hours of effective work can be attached to up to 12 hours for: has) controllers exercising a qualification of control in an organization of air traffic control;
b) higher technical studies and the operation of civil aviation operating in the regional offices of aeronautical information, telecommunications and flight information centres en route air navigation and track polls;
c) air traffic control engineers and higher technicians studies and the operation of civil aviation in function to the subdivision operations of the centre of central air navigation systems operating.
III. - The maximum amplitude of the working day and the daily duration of the actual work may be set at 12 hours 30 minutes maximum for: has) engineers of the aviation safety systems that provide in these bodies in permanent schedules the maintenance and supervision of equipment and systems that contribute to the safety of the flights;
b) studies and the operation of civil aviation higher technicians providing permanent continuous hours aeronautical information to the international NOTAM Office and the national aeronautical information office;
(c) the contractors and the State workers who serve in the same conditions described in paragraphs a and b above;
d) agents who perform their duties in continuous permanent schedules in power generation plants.


Article 3 read more on this article...

In consideration of the constraints that are imposed, the agents referred to in article 2 shall enjoy, as appropriate, either time rest or time to integrated meals in whole or part in their actual working time, under conditions fixed by Decree of the Minister responsible for civil aviation.


Article 4 more on this article...
The Minister of economy, finance and industry, the Minister of equipment, transportation, housing, tourism and the sea, the Minister of public service, the reform of the State and the development of the territory, the Minister delegate for the budget and budget reform and the Secretary of State for transport and the sea are responsible , each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, on 16 September 2002.
Jean-Pierre Raffarin by the Prime Minister: the Minister of equipment, transportation, housing, tourism and the sea, Gilles de Robien of the economy, finance and Industry Minister Francis Mer the Minister of public service, the reform of the State and the development of the territory, Jean-Paul Delevoye Minister delegate for the budget and budget reform Alain Lambert the Secretary of State for transport and the sea, Dominique Bussereau

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