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Decree Of 3 May 2008 Laying Down Procedures For The Consultation Of Staff To Determine Trade Union Organizations Required To Be Represented In The Ministerial Joint Technical Committee Of The Ministry Of Ecology, From The...

Original Language Title: Arrêté du 3 mai 2008 fixant les modalités de la consultation du personnel organisée afin de déterminer les organisations syndicales appelées à être représentées au comité technique paritaire ministériel du ministère de l'écologie, de l'...

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JORF no.0105 of 4 May 2008
text No. 2



Order of May 3, 2008 setting out the modalities of consultation with organized personnel to determine the trade union organizations to be represented on the ministerial technical committee of the Ministry of Ecology, Energy, Sustainable Development and Land Management

NOR: DEVL0810871A ELI: https://www.legifrance.gouv.fr/eli/arrete/2008/5/3/DEVL0810871A/jo/texte


Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management,
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu le Decree No. 82-452 of 28 May 1982 amended on technical committees of parity, including article 11, second paragraph;
Vu le Decree No. 93-1272 of 1 December 1993 the organization of the central administration of the Ministry of Industry, Posts and Telecommunications and Foreign Trade;
Vu le Decree No. 2000-426 of 19 May 2000 the organization of the central administration of the Ministry of the Environment;
Vu le Decree No. 2005-471 of 16 May 2005 the organization of the central administration of the Ministry of Equipment, Transport, Land Management, Tourism and the Sea;
Vu le Decree No. 2007-995 of 31 May 2007 relating to the powers of the Minister of State, Minister of Ecology, Development and Sustainable Development;
See?3 May 2008 establishing a departmental technical committee to the Ministry of Ecology, Energy, Sustainable Development and Land Management,
Stop it!

  • Chapter I General provisions Article 1 Learn more about this article...


    A staff consultation is organized to determine the trade union organizations to be represented in the ministerial technical committee established by the above-mentioned Order.
    The date of this consultation is 26 June 2008.
    These include:
    1° The central administration departments and services concerned by the Decree of 31 May 2007 :
    ― the services mentioned by decree of 16 May 2005 referred to above ;
    ― the services mentioned by decree of 19 May 2000 referred to above ;
    – the general direction of energy and raw materials mentioned by the decree of 1 December 1993 referred to above ;
    ― the general secretariat of the regional branches of industry, research and the environment, the industrial safety office, the industrial safety office, the safety office of industrial facilities and the mission of nuclear safety and radiation protection of the direction of regional action, quality and industrial safety mentioned by the decree of 1 December 1993 referred to above ;
    2° The national jurisdiction of the Ministry of Ecology, Energy, Sustainable Development and Land Management, including the technical service of electrical energy and major dams;
    3° Deconcentrated services of the Ministry of Ecology, Energy, Sustainable Development and Land Management, including the regional branches of industry, research and the environment;
    4° Administrative public institutions under the supervision of the Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management.

  • Chapter II Electors and electoral lists Article 2 Learn more about this article...


    Are electors:
    1° Public servants, holders or interns, in a full-time or part-time activity position, parental or detachment leave:
    (a) Depending on the Ministry of Ecology, Energy, Sustainable Development and Land Management or the administrative public institutions that are responsible for it; or
    (b) Belonging to a body managed by the Ministry of Ecology, Energy, Sustainable Development and Land Management, based outside the Ministry of Ecology, Energy, Sustainable Development and Land Management;
    2° Non-responsive agents active, full-time or part-time, depending on the Ministry of Ecology, Energy, Sustainable Development and Land Management or in the administrative public institutions that fall under it, and warranting, on the date of the election:
    - six months of continuous or discontinuous service since 1 July 2007;
    a contract of at least 10 months and having completed at least three months of service.
    Civilian volunteers with technical assistance are electors under the same conditions.
    Non-employees on ordinary leave or beneficiaries of a leave of absence, on training leave, on sick leave or on work accident or occupational sick leave, on maternity leave, on paternity leave or on adoption leave, on parental leave, on parental leave, with support from a person at the end of life, or on a phased cessation of activity, as well as those who receive an employee discharge
    3° Workers of parks and workshops of bridges and pavements and air bases admitted or likely to be admitted to the benefit of Act of 21 March 1928, as well as all agents of a state worker status, active, full-time or part-time, in the Ministry of Ecology, Energy, Sustainable Development and Land Management or in the administrative public institutions that are responsible for it.
    Workers on ordinary leave or beneficiaries of a leave of absence, on training leave, on maternity leave, on paternity leave or on adoption leave, on sick leave, long sickness or long-term leave or on work accident or occupational sick leave, on parental leave, parental leave or support of a person at the end of life, or on a gradual cessation of activity as well as the workers who are beneficiaries of a discharge
    Staff in the services on which the Minister of Ecology, Energy, Sustainable Development and Land Management has a joint authority with one or more other ministers are electors under the same conditions.
    The quality of electors is appreciated on polling day.

    Article 3 Learn more about this article...


    The list of electors is stopped by the Director General of Personnel and Administration.
    The list of electors is posted in the services concerned at least fifteen days before the date of the vote. Mention is made on these lists of agents called to vote by correspondence.
    Within eight days of posting, electors can verify registrations and, where applicable, submit applications for registration. Within the same period and for three days after its expiry, claims may be filed with the General Manager of Personnel and Administration against registrations or omissions on the list of electors. The latter shall decide within three days on these claims.

  • Chapter III Article 4 Learn more about this article...


    Cannotate the trade union organizations referred to in the fourth paragraph of Article 14 of the Act of 11 January 1984 referred to above.
    If none of these organizations presents or if the number of voters is less than half the number of officers called to vote, a second ballot shall be held to which any trade union organization may participate. The date and conditions of organization of the second ballot are defined by ministerial order.

    Article 5 Learn more about this article...


    Trade union organizations that wish to participate in the consultation shall be nominated to the Director General of Personnel and Administration.
    Nominations must be filed against receipt or, by registered letter with notice of receipt, no later than 9 May 2008, at 4 p.m. They mention the name of the officer(s) authorized to represent the trade union organization in all electoral operations.
    Trade union organizations under the second paragraph of the fourth paragraph Article 14 of the Law of 11 January 1984 presented the elements to assess their representativeness in relation to provisions of Article L. 2121-1 of the Labour Code.
    If a second ballot is required, the nominations must be filed under the same conditions on a date to be determined by ministerial order.
    The lists of applications established under the conditions set out in this Order are posted in the Pascal B Tower's Lobby on the Defence website and posted on the ministry's intranet within four days of the closing of the applications.

  • Chapter IV Voting stations and voting sections Article 6 Learn more about this article...


    It is established that:
    a central polling station with the Director General of Personnel and Administration;
    - a special polling station in the services annexed.
    Voting sections may be established by decision of the chairs of special polling stations.

    Article 7 Learn more about this article...


    The composition, role and functioning of the polling stations are as follows:
    The chair of each polling station shall be the head or head of the service concerned, to which the polling station shall be established.
    Each polling station chair designates a secretary.
    Each trade union organization participating in the consultation may designate a representative per polling station.
    The central polling station notes the quorum and proceeds with the counting of the ballot. He proclaims the results.
    The special polling station, when established, conducts the polling of votes and, after the authorization of the central polling station, proceeds to count the ballot.

    Article 8 Learn more about this article...


    The composition, role and functioning of the voting sections are as follows:
    The President of each polling division shall be appointed by the Chairman of the special polling station, among the officers of the service for which the polling station is established.
    Each voting division chair shall designate a secretary.
    Each trade union organization participating in the consultation may designate a representative by voting section.
    The voting section collects votes, lists the votes cast and transmits them without counting them to the central polling station or to the special polling station when it exists.

  • Chapter V Voting Article 9 Learn more about this article...


    The vote takes place in secret ballot and under envelope.
    The vote is made directly to the ballot box or by correspondence under the conditions set out in Article 10.
    Only envelopes and ballots provided by the department may be used for the election.

    Article 10 Learn more about this article...


    A person who is entitled to vote by correspondence shall not be employed at the seat of an office or polling division, those who are on sick leave, long illness, long-term sickness, serious illness, or on leave for work or occupational illness, on maternity leave, paternity leave or on leave of adoption, on parental leave, parental leave or on leave of absence for life
    In addition, a mailing vote may be taken for all or part of a service concerned by the election by decision of the Director of that service.
    The correspondence vote is as follows:
    At least two weeks before the date of the poll, the voting material is sent to the officers admitted to voting by correspondence.
    The elector inserts his ballot in a first envelope, known as "Envelope 1", which may not be cached. This envelope, provided by the administration, shall not be marked or marked separately.
    He then places this envelope number 1 in a second envelope, known as "Envelope #2", which he hides and on which he applies his signature and clearly bears his name, first names and assignments. Finally, he places this envelope 2 in a third preaffranchia envelope, known as "Envelope 3", that he hides and addresses individually to the polling station of which he depends.
    Correspondence must be sent by the day of the vote, before the closing time of the vote.

  • Chapter VI Election count and results Article 11 Learn more about this article...


    The closing time of the vote is set at 4 p.m.
    The census and counting of votes shall take place under the following conditions:
    1° Reception of votes by correspondence :
    Immediately after the poll is closed, the president of each polling station or polling division shall conduct the census of the votes collected by correspondence.
    The envelopes No. 3, and the envelopes No. 2 are open.
    As envelopes 2 were opened, the list of electors was started, and envelope 1 was filed without being opened in the ballot box containing the votes of the agents who voted directly.
    Are apart without being open:
    — envelopes No. 3 reached after the closing hour of the ballot;
    ― envelopes 2 on which the agent's name and signature (or if the name is unreadable) are not included;
    – envelopes No. 1 bearing a distinctive mention or sign.
    The name of the voters whose envelopes emanate is not based on the corresponding electoral list.
    The envelopes emanating from electors who took part in the vote are also set aside without being opened. In such a case, the correspondence vote is not taken into account.
    2° Finding the quorum:
    At the end of the poll, each special polling station counts the number of voters and promptly transmits this information to the central polling station, which sees the number of voters. The counting takes place if the 50% stake quorum is reached.
    3° Deployment:
    When the vote is taken, the votes cast under the following conditions shall be considered null:
    - ballots not conforming to the model type;
    - ballots with overloads or rats;
    - the ballots found in the urn without envelope;
    • Multiple bulletins found in the same envelope #1 and from different trade union organizations.
    They are considered validly expressed, and count for a single vote, the multiple ballots found in the same envelope number 1 and emanating from the same trade union organization.
    4° Minutes and Proclamation of Results:
    The voting section counts the number of voters and prepares a record of the electoral transactions on which the number of electors registered and the number of voters are recorded. The minutes signed by the members of the section and the unpaid envelopes are forwarded to the special voting office without delay.
    The special polling station counts all the votes cast on trade union organisations in attendance. It sets out the minutes of the electoral operations on which the number of electors, the number of voters, the number of valid votes cast, the number of votes cast and the number of votes obtained by each trade union organization in the presence. The separate envelopes are annexed to this report without being open and invalid ballots. The minutes, signed by the officers, are transmitted to the centralizing office.
    The central polling station counts all the votes having taken place on the trade union organisations in attendance. It determines the electoral quota by dividing the total number of valid votes cast by the number of staff representatives in the parity technical committee. Each trade union organization having presented itself to the consultation is entitled to as many seats as representatives holding staff as the number of votes collected by it contains the electoral quota. The remaining seats are allocated according to the highest average rule.
    Each trade union organization shall then be assigned a number of seats of alternate representatives equal to that of the seats of incumbent representatives obtained by that trade union organization under the preceding paragraph.
    The central polling station shall prepare a general report of the consultation and declare the results of the consultation.

    Article 12 Learn more about this article...


    Disputes on the validity of electoral operations are brought within five days of the proclamation of the results to the Minister of Ecology, Energy, Sustainable Development and Land Management, General Directorate of Personnel and Administration, and, where appropriate, to the administrative jurisdiction.

    Article 13 Learn more about this article...


    In view of the results of the consultation, an order by the Minister of Ecology, Energy, Sustainable Development and Land Management determines the trade union organizations to be represented on the ministerial technical committee, as well as the number of seats to which they are entitled.

  • Chapter VII Miscellaneous provisions Article 14 Learn more about this article...


    The Director General of Personnel and Administration and the heads of the services concerned by the election are responsible, each with regard to the execution of this Order, which will be published in the Official Journal of the French Republic.

  • Annex



    A N N E X E
    LIST OF DOTTED SERVICES OF A SPECIAL VOTE (BVS)


    A. - Each departmental direction of equipment and departmental direction of equipment and agriculture.
    In addition to the staff assigned to it:
    - staff made available or detachment without limitation of time to the regional councils or councils;
    - the officers assigned to the general territorial inspection missions (MIGT) (except MIGT 2 and 12), the inspections of the transport work (except Paris), the regional delegations of the National Habitat Agency, the interdepartmental administrative information centres (except Paris), the territorial delegations of the mission of the interdepartmental inspection of the social housing (MIILOS) (except for the national relief department)
    – the agents managed by the MEEDDAT and assigned to the architectural schools (except Paris and Lyon) and the departmental services of architecture and heritage (except Paris).
    B. - The directions of the equipment of Mayotte and Saint-Pierre-et-Miquelon.
    C. - Each regional direction of equipment for the officers assigned to it, as well as for the agents managed by the MEEDDAT and assigned to the regional branches of tourism.
    D. - Each interdepartmental road direction.
    E. - Each regional environmental direction.
    F. - Each regional direction of industry, research and the environment.
    G. - Each specialized navigation service.
    H. - Regional Directorates for Maritime Affairs (DRAM) Article 4 (Le Havre, Rennes, Nantes, Bordeaux and Marseille) for the officers in office in the territorial jurisdiction of these DRAMs, as well as those assigned to the schools of the merchant marine and the professional high schools that are attached to them.
    I. - The Maritime Regional Directorates of Fort-de-France and Saint-Denis-de-la-Réunion.
    J. - The technical engineering centres of equipment: East, Lyon (including the staff in office at the general direction of the roads [DGR-S/D] of the technical control of the concessions), Mediterranean, Nord-Picardie, Normandy-Centre, West, South-West.
    K. - Each interregional vocational training centre.
    L. - The Arming of Lighthouses and Beacons, in Quimper, for all personnel of this service (with the exception of those in office at the Directorate of Maritime Affairs [DAM] in Paris).
    M. - The Educational Evaluation, Documentation and Innovation Centre.
    N. - Technical road and highway engineering department.
    O. - The Centre for Studies on Networks, Transport, Urban Planning and Public Construction.
    P. - The Centre for Marine and River Technical Studies.
    Q. The Tunnel Study Centre.
    A. - Technical service of mechanical lifts and guided transport.
    S. - The two establishments (Aix-en-Provence and Valenciennes) of the National School of Equipment Technicians.
    T. - The French Institute of the Environment.
    U. - The Central Hydrometeorology and Support Service for Inundation Prevention.
    V. - Each of the following civil aviation services:
    1° The General Directorate of Civil Aviation (central administration, excluding control and security).
    In addition to the staff assigned to it, the following officers are employed:
    – General Civil Aviation Inspection (IGAC/CGPC);
    – airport tax management service (ATMS);
    – Civil aviation service Saint-Pierre-et-Miquelon;
    – State Civil Aviation Service Wallis-et-Futuna;
    as well as officers managed by the General Directorate of Civil Aviation (DGAC) in functions outside of the DGAC and, in general, all those who are not attached to a Civil Aviation Office, including those in the following services: Civil Aviation Security Unit (GSAC), Flight Control Organization (OCV), Accountant Agency of the Budget Annex to Control and Air Operations
    2° The Directorate of Security Control (DCS);
    3° Air Navigation Services Directorate (NADS);
    4° Operations Directorate (DO);
    5° Each centre on the way to air navigation (East, North, West, South-East, South-West);
    6° Centre-Est air navigation service;
    7° North Air Navigation Service;
    8° The air navigation service in the Paris region;
    9° Southeast Air Navigation Service;
    10° South-South-East Air Navigation Service;
    11° South-West Air Navigation Service;
    12° Indian Ocean Air Navigation Service;
    13° The direction of technology and innovation (DTI) ;
    14° Central Air Navigation Systems Operations Centre (CESNAC);
    15° Aeronautical Information Service (AIS);
    16° The Directorate of Civil Aviation Centre-Est;
    17° Northern Civil Aviation Directorate;
    18° The West Civil Aviation Directorate, for the personnel assigned to it and the personnel of the West Air Navigation Service;
    19° The North-East Civil Aviation Directorate, for the personnel assigned to it and the personnel of the North-East Air Navigation Service;
    20° South Civil Aviation Directorate.
    In addition to the staff assigned to it, the personnel of the South Air Navigation Service are responsible;
    21° South-East Civil Aviation Directorate;
    22° South-West Civil Aviation Directorate;
    23° The Civil Aviation Directorate Antilles-Guyane.
    In addition to the staff assigned to it, the air navigation service staff in the Caribbean-Guyane air navigation service;
    24° The Indian Ocean Civil Aviation Service;
    25° State Civil Aviation Service French Polynesia;
    26° State Civil Aviation Service New Caledonia;
    27° National Airport Engineering Service (SNIA);
    28° The Technical Civil Aviation Service (STAC)
    29° Aeronautical Training Operations Service (SEFA);
    30° The Centre for Operations, Development and Studies of the Management Computer Network (CEDRe);
    31° The Office of Investigations and Analysis for Civil Aviation Safety (BEA).
    W. - Each of the following public institutions:
    1° Marine Protected Areas Agency;
    2° The six water agencies (Adour-Garonne, Artois-Picardie, Loire-Bretagne, Rhin-Meuse, Rhône-Mediterranée-Corse, Seine-Normandie) ;
    3° The French Agency for Environmental and Labour Health Security;
    4° National Habitat Agency (for electors referred to in section 2-1° [b]);
    5° The Conservatoire de l'espace littoral et des rivages lacustres ;
    6° The National Civil Aviation School;
    7° The National School of Meteorology;
    8° The National School of Bridges and Roadways;
    9° The National School of Public Works of the State, for all the staff assigned to it, as well as those in office at the Ecole nationale supérieure d'architecture de Lyon;
    10° The National School of Geographical Sciences;
    11° Public establishment National Parks of France;
    12° Public Railway Safety Establishment;
    13° The National Geographical Institute;
    14° The National Institute for Research on Transport and Safety;
    15° The Central Laboratory of Bridges and Roadways;
    16° Weather-France ;
    17° The National Museum of Natural History;
    18° The National Office for Hunting and Wildlife;
    19° The National Water and Aquatic Environment Board;
    20° The national parks of France (Port-Cros, Vanoise, Pyrenees, Cévennes, Ecrins, Mercantour, Guyane, Guadeloupe and Réunion).
    What is indicated above is subject to sufficient numbers in each of the establishments cited in respect of the voting confidentiality rules (if the number of electors is insufficient, they will be attached to the central polling station).
    X. - Special polling stations are established in each of the following central departments or branches:
    1° General Council of Bridges and Roadways, for all officers who perform their duties, as well as those assigned to the Land Transport Accident Investigation Office, the Sea Accident Investigation Office and the General Inspection of Marine Affairs Services;
    2° Defence and Security Service;
    3° General Secretariat;
    4° General Directorate of Personnel and Administration (including officers in office at the delegation of land affairs);
    5° Direction générale de l'urbanisme, de l'habitat et de la construction (y compris les agents en fonction à la MiILOS Paris);
    6° Direction générale des routes ;
    7° Direction générale de la mer et des transports, arche de la Défense ;
    8° Direction générale de la mer et des transports (direction des affaires maritimes), à Fontenoy, pour tous les agents ayant leurs fonctions sur ce site (hors Etablissement national des invalides de la marine), ainsi que ceux assigned au département des systèmes d'information à Saint-Malo et ceux assigned au groupe Ecoles-centre de formation et de documentation des affaires maritimes à Bordeaux et à Nantes ;
    9° Direction of road safety and traffic;
    10° Direction of the National Establishment of Marine Invalids (including officers assigned to the National Public Establishment of Marine Invalids)
    11° Direction générale de l'administration, pour tous les agents qui y exercise leurs fonctions, ainsi que ceux ayant leurs fonctions à l'inspection générale de l'environnement, le secrétariat général, la délégation au développement durable, le Conseil national de développement durable, le haut official de défense et de sécurité, l'Institut de formation de l'environnement, ainsi que la mission interministérielle de l'ef (pour les agents gérés par le MEEDDAT) ;
    12° Directorate of Economic Studies and Environmental Assessment;
    13° Direction of water;
    14° Directorate of Pollution and Risk Prevention;
    15° Direction of nature and landscapes;
    16° Direction générale de l'énergie et des substances premiers, pour tous les agents qui y exercise leurs fonctions, y compris ceux assigned au service technique de l'énergie électrique et des grands barrages ;
    17° Direction générale des entreprises.


Done in Paris, May 3, 2008.


Jean-Louis Borloo


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