Machine Translation of "Decree No. 2002 - 1170 Of 16 September 2002 On The Derogations From The Minimum Guarantees Of Time Of Work And Rest Peri..." (France)

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

Implementation of Council Directive 93/104/EC of 23 November 1993 of Article 3 of Decree 2000-815 of 25 August 2000. The purpose of this decree is to allow derogations from the minimum guarantees of working and rest to the staff of the General Directorate of Civil Aviation, in accordance with the provisions set out in Article 3-II of Decree 2000-815 of 25 August 2000 on the development and reduction of working time in the public service of the State, with regard to the maximum amplitude and daily duration of the working day in the bodies providing services. The mission of the DGAC is to ensure the safety and regularity of air traffic. As a result, the work in organizations that control air navigation, operating agencies and maintenance services presents the particularity of duty, by necessity, to ensure continuity of service and involves working methods distinct from those usually in force in the public service of the State. The civil aviation authorities have therefore been obliged, for more than twenty years, to adopt for the technical personnel working in these bodies specific modalities of organisation of work, which derogate from the provisions established by the decree of 25 August 2000. This atypical organization of work has shown its effectiveness in terms of the continuity of service, which is essential for air traffic and the safety of this traffic. This decree is incorporated in a set of texts of application of Decree 2000-815 of 25 August 2000 on the development and reduction of working time:- an interdepartmental order setting, pursuant to Article 1 of the above-mentioned decree, the working hours of which are less than 1600 annual hours for air traffic controllers whose working hours are already 32 hours a week and for personal maintenance Only the latter benefit from an additional reduction in their working time compared to the previous situation. This Order also sets out the list of functions that allow the specific work regime provided for in Article 10 of the same Decree.- ministerial decrees defining the cycles and organization of work according to the types of control or maintenance and operation bodies. This Order provides, on the one hand, that in organizations that contribute to the provision of air traffic services, the effective daily working time may be up to 11 hours for agents performing their duties in permanent hours (every day of the year) or in permanent hours (every day of the year and 24 hours a day)- 12 hours during night shifts, for controllers exercising their control qualification and for senior technicians of civil aviation studies and operations carrying out their activities in certain services (regional aviation information offices, telecommunications and flight information offices in the on-road centres of air navigation, track offices) and for air navigation control engineers and senior technicians of the studies and operation of the civil aviation systems On the other hand, the decree provides that the maximum amplitude of the working day can reach 12:30 for the officers who provide the supervision and maintenance of equipment and systems that contribute to the safety of the flights, those who continuously provide the aeronautical information to the international NOTAM office and the aeronautical information office, as well as the agents who ensure, in continuous hours, their functions in power generating stations. In return for these hardships, break or meal times will be included in the actual working time, under conditions fixed by an order of the Minister for Civil Aviation.

Keywords

EQUIPMENT , TRANSPORT , AERIEN TRANSPORT , PUBLIC FUNCTION , CENTRAL ADMINISTRATION , GENERAL DIRECTION OF CIVILE AVIATION , DGAC , PERSONNEL , AIENNIUM NAVIGATION , AERIENNIATION , CONTROL , MAINTENANCE

JORF n°218 of 18 September 2002 page 15356
text No. 17

Decree No. 2002-1170 of 16 September 2002 derogating from the minimum working and rest guarantees applicable to personnel of the General Civil Aviation Directorate in charge of control, maintenance and operation missions 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

The 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, State Reform and Land Management,
In light of Council Directive 93/104/EC of 23 November 1993 on certain aspects of working time development;
Considering Decree No. 2000-815 of 25 August 2000 on the development and reduction of working time in the public service of the State, and in particular Article 3 thereof;
Having regard to the advice of the ministerial technical committee dated 25 June 2001;
Considering the opinion of the Conseil supérieur de la service publique de l'État dated 12 July 2001;
The State Council (Finance Section) heard,
Decrete:

Article 1 Learn more about this article...

I. - Organizations that, within the General Directorate of Civil Aviation, carry out control, maintenance and operation missions in the field of air navigation are said, within the meaning of this decree:
(a) Permanent hours when they have an activity every day of the year;
(b) Continuous permanent hours when they have an activity every day of the year and twenty-four hours over twenty-four hours.
II. - Is a vacation within the meaning of this decree the period of uninterrupted presence on the workplace, which begins at the taking of service and ends at the end of service of the agent.

Article 2 Learn more about this article...

In organizations that carry out monitoring, maintenance and operating missions in the field of air navigation, it is derogated from the minimum guarantees referred to in I of Article 3 of the above-mentioned Decree of 25 August 2000 with regard to the daily working life and the maximum amplitude of the working day.
I. - Subject to the provisions of II and III, the daily working time may be set at a maximum of 11 hours for staff performing their duties in permanent or permanent working hours.
II. - When the vacation is carried out at night, the daily working time may be set at a maximum of 12 hours for:
(a) Comptrollers performing a control qualification in an air traffic control body;
(b) Senior technicians of civil aviation studies and operations in regional aviation information offices, telecommunications and flight information offices of the centres on the way to air navigation and the field offices;
(c) Air navigation control engineers and senior technicians in civil aviation studies and operations based on the operating division of the central air navigation system operating centre.
III. - The maximum amplitude of the working day and the day-to-day working time can be fixed at a maximum of 12 hours 30 minutes for:
(a) The electronic engineers of the air safety systems that provide the maintenance and supervision of the equipment and systems that contribute to the safety of the flights in these organizations on a permanent basis;
(b) The senior technicians of civil aviation studies and operations who provide aviation information to the international NOTAM office and the national aviation information office on a continuous basis;
(c) Contractual agents and state workers who exercise the functions described in subparagraphs (a) and (b) above;
(d) Agents who perform their functions in continuous working hours in power generating stations.

Article 3 Learn more about this article...

In return for the hardships imposed on them, the agents referred to in section 2 shall, as the case may be, be of rest time or of meal time integrated in whole or in part in their actual working time, under conditions fixed by the Minister for Civil Aviation.

Article 4 Learn more about this article...

The Minister of Economy, Finance and Industry, the Minister of Equipment, Transport, Housing, Tourism and the Sea, the Minister of Public Service, State Reform and Land Management, the Minister Delegate for Budget and Budget Reform and the Secretary of State for Transport and the Sea are responsible, each with respect to it, for the execution of this Decree, which will be published in the French Republic.

Done in Paris, September 16, 2002.

Jean-Pierre Raffarin

By the Prime Minister:

Minister of Equipment, Transportation,

housing, tourism and the sea,

Gilles de Robien

Minister of Economy,

finance and industry,

Francis Mer

The Minister of Public Service,

of State Reform

and landscaping,

Jean-Paul Delevoye

Minister for Budget

and budgetary reform,

Alain Lambert

Secretary of State

Transport and the sea,

Dominic Bussereau

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