Key Benefits:
The Prime Minister,
On the report of the Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management, and the Minister of Budget, Public Accounts and Public Service,
Having regard to Directive 2006/23/EC of the European Parliament and of the Council of 5 April 2006 concerning a community air traffic controller licence;
Considering the Civil Aviation Code;
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 la Act No. 89-1007 of 31 December 1989 relative to the body of air navigation control engineers, modified by Act No. 95-116 of 4 February 1995, together Act No. 2004-1484 of 30 December 2004, together Act No. 2006-1771 of 30 December 2006 ;
Vu le Decree No. 90-998 of 8 November 1990 amended to include the status of the body of air navigation control engineers, including Article 6;
Vu le Decree No. 93-622 of 27 March 1993 amended with respect to the specific status of the corps of the superior technicians of the studies and operation of civil aviation, including its article 2-1;
Vu le Decree No. 2007-1509 of 22 October 2007 relating to air traffic personnel and amending Book I of the Civil Aviation Code (Part Two: Orders in the Council of State),
Decrete:
Air navigation control engineers and senior technicians of the studies and operation of the civil aviation permanently declared medically unfit for the exercise of the control functions while they are licensed as a valid air traffic controller or are trained in a unit after previously held such a licence in an air traffic organization may, when assigned to another service under their respective body and grade, benefit from a differentiation,
This differential allowance may also be allocated to air navigation control engineers and senior technicians of the studies and civil aviation operations who undergo unit training, after having previously held an air traffic controller licence in an air traffic organization, following a long-term sick leave, long-term leave or a period of medical incapacity for the performance of these duties. In this case, it is served within eighteen months for agents assigned to a group A, B or C organization and twelve months for those assigned to a group D, E, F or G organization.
The durations set out in the preceding paragraph are cumulative in the case of the follow-up of a unit training to restore the validity of the unit records of an air traffic organization following a period of medical incapacity in the exercise of the control functions.
The monthly amount of the differential allowance provided for in section 1 above is equal to the difference between:
- the amount of compensation, excluding family allowances and residence allowance, attached to the new duties of the agent,
― and the sum of the technical bonus, operating bonus, vacations and hardships, the special qualification allowance and the possible special qualifying allowance supplement, which he would have perceived if he had remained on the duties requiring a medical capability that he was performing on the date of the declaration of his final incapacity.
When an officer is declared medically unfit for control functions while undergoing unit training, after having previously held an air traffic controller licence in an air traffic organization, the provisions of section 2 of this Order are applied to the last control function that he exercised and required medical fitness.
Order in Council No. 2001-438 of 16 May 2001 on the award of a differential allowance to certain officials of the body of the air navigation control engineers is repealed.
The Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management, the Minister of Budget, Public Accounts and the Public Service, the Secretary of State for Transport and the Secretary of State for the Public Service are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, May 21, 2008.
François Fillon
By the Prime Minister:
Minister of State, Minister of Ecology,
of energy, sustainable development
and landscaping,
Jean-Louis Borloo
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
Secretary of State
Transport Officer
Dominic Bussereau
Secretary of State
Public Service,
André Santini
