Key Benefits:
Minister of Ecology, Sustainable Development, Transport and Housing,
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. 46-1507 of 18 June 1946 Amending the status of contracted auxiliaries recruited by the Ministry of Public Works and Transport for the service of bridges and pavements;
Vu le Decree No. 78-1305 of 29 December 1978 amended on administrative and technical personnel of the national service for the examination of the driver ' s licence, including article 10;
Vu le Decree No. 86-83 of 17 January 1986 amended to apply the general provisions applicable to non-State agents for the application of theArticle 7 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State, including its article 1-2;
Vu le Decree No. 2001-1145 of 3 December 2001 Amending the provisions applicable to non- maritime and aquaculture personnel, including section 8;
Vu le Decree No. 2003-1267 of 23 December 2003 Amending the provisions applicable to certain officers of the department responsible for equipment covered by theArticle 34 of Act No. 2000-321 of 12 April 2000 relating to the rights of citizens in their relations with administrations, including article 6;
Vu le Decree No. 2006-781 of 3 July 2006 setting out the conditions and procedures for the payment of costs incurred by the temporary movement of State civilian personnel;
Vu le Decree No. 2009-1484 of 3 December 2009 relating to interdepartmental departmental branches, including its article 15;
Vu le Decree No. 2010-687 of 24 June 2010 relating to the organization and missions of State services in the region and the departments of Ile-de-France, including its article 28;
Vu le Decree No. 2010-1582 of 17 December 2010 relating to the organization and missions of State services in overseas departments and regions, Mayotte and Saint-Pierre-et-Miquelon, including its article 22;
Vu le Decree No. 2010-1702 of 30 December 2010 creating the French Institute of Transport, Development and Network Sciences and Technologies (IFSTTAR), including its article 29;
Considering the amended decision of 10 July 1968 setting the conditions for the recruitment and remuneration of technical and administrative contractual personnel of the Ministry of Equipment and Housing responsible for high-level studies in the service of economic and international affairs and in the service of technical studies of roads and highways;
Having regard to the amended decision of 18 March 1992 establishing the national rules of procedure, in particular its article 9;
Having regard to the regulations of 14 May 1973 governing non-CCP and EEC personnel, including section 2;
Considering local rules of procedure;
Having regard to the amended circular of 12 June 1969 relating to urban planning contracts and their procurement modalities;
Considering the circular preventive medicine of 18 May 2007;
On a proposal by the Director of Human Resources,
Stop it!
The following joint advisory committees are established with the Director of Human Resources of the Ministry of Ecology, Sustainable Development, Transport and Housing:
1° A competent parity advisory board with respect to contractual personnel recruited by the central administration of the Ministry of Ecology, Sustainable Development, Transport and Housing pursuant to Articles 4 or 6-1 of Act No. 84-16 of 11 January 1984 or on sui generis contract;
2° A competent parity advisory board with respect to agents governed by the Preventive Medicine Circular of May 18, 2007;
3° A competent parity advisory board with respect to the so-called Berkani agents governed by the Decree No. 2003-1267 of 23 December 2003 Amending the provisions applicable to certain officers of the department responsible for equipment covered by theArticle 34 of Act No. 2000-321 of 12 April 2000 the rights of citizens in their relations with administrations;
4° A competent parity advisory board with respect to agents governed by the Decree No. 2001-1145 of 3 December 2001 Amending the provisions applicable to non-marital and aquaculture personnel and certain officers in or recruited by marine professional high schools;
5° A competent parity advisory board with respect to agents governed by local rules of procedure, as well as those governed by the regulations of the regional management of equipment of Ile-de-France and managed by the human resources management and by the Decree No. 46-1507 of 18 June 1946 Amending the status of contracted auxiliaries recruited by the Ministry of Public Works and Transport for the service of bridges and pavements;
6° A competent parity advisory board with respect to agents governed by the amended circular dated 12 June 1969 relating to urban planning contracts and their procurement procedures and the amended decision of 10 July 1968 establishing the conditions for the recruitment and remuneration of technical and administrative contract staff of the Ministry of Equipment and Housing responsible for high-level studies in the service of economic and international affairs and in the service of technical studies of roads and highways;
7° A competent parity advisory board with respect to agents governed by the amended decision of 18 March 1992 establishing the national rules of procedure;
8° A parity advisory board, under the name "Advancing and Disciplinary Commission", which is competent in respect of officers recruited or governed by the Regulation of May 14, 1973 governing non-CCP and CEC personnel;
9° A parity advisory commission, under the name "administrative parity commission", which is competent in respect of agents governed by Decree No. 78-1305 of 29 December 1978 modified for administrative and technical personnel of the national driver's licence examination service.
By application of the second paragraph of Article 1-2 of Decree No. 86-83 of 17 January 1986 amended to apply the general provisions applicable to non-State agents for the application of theArticle 7 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State, agents recruited or governed by the regulations of 14 May 1973 governing non-CCP and EECL personnel who perform their functions within the French Institute of Transport, Planning and Network Sciences and Technologies, are the responsibility of the commission established in 8 of Article 1 of this Order.
Joint advisory boards are composed of an equal number of representatives of the administration and staff representatives.
The compositions of the Joint Commissions shall be determined in accordance with the schedule to this Order.
Members of the Joint Advisory Committees are appointed for a four-year period.
Their mandate can be renewed.
However, in the interest of the service, the duration of this mandate may be reduced or extended. This reduction or extension may not exceed 18 months.
In case of difficulty in its operation, a parity advisory board may be dissolved.
It shall then be carried out, within two months, to establish, under the conditions established by this Order, a new parity advisory board.
The representatives of the administration, the incumbent and alternate members of a parity advisory board, who have ceased their duties in respect of which they were appointed during the above-mentioned four-year period, as a result of the resignation of the administration or their term as a member of the said commission, of long-term leave under section 34 of the law of 11 January 1984 referred to above, of lay-off or for any other cause, shall be replaced The term of office of their successors expires in this case during the renewal of the commission.
Staff representatives, incumbent and alternate members of a parity advisory board, who ceased the functions for which they were appointed during the above-mentioned four-year period, as a result of termination of the contract, resignation of their contract or term as a member of the commission, leave without pay or sick leave of more than six months, shall be replaced, until the renewal of the commission, under the conditions set out below.
When a incumbent representative is unable to perform his or her duties, he or she is replaced by the first alternate in the order of the list under which he or she was elected.
When an alternate representative is unable to perform his or her duties, he or she is replaced by the first unelected candidate remaining from the same list.
Where a list is unable to provide, under the conditions provided for in the two preceding paragraphs, to the seats of the incumbent members or alternate members to whom it is entitled for a grade, the trade union organization having submitted the list shall designate its representative from among the officers of that rank under the commission, eligible at the time of designation, for the duration of the term remaining to be carried out.
Representatives of the administration, holders or alternates, shall be appointed by order of the Minister for Sustainable Development.
They are selected from category A and non-public law officers performing equivalent functions.
The date of the elections for the general renewal of the parity advisory boards is set by joint order of the Prime Minister and the Minister for Public Service. The duration of the term of office of the current members shall be reduced or extended accordingly.
In the event of a by-election, the date is set by the Minister for Sustainable Development.
The officers referred to in section 1 of this Order who are not placed on the date of the election for any cause in a leave without pay position shall be electors under the parity advisory boards.
The lists of electors called to vote are stopped by the Director of Human Resources.
Members eligible to be registered on the list of electors of these commissions shall be eligible for parity advisory commissions.
However, may not be elected or agents on severe sick leave under theArticle 13 of Decree No. 86-83 of 17 January 1986neither those placed for any cause in the leave without pay position, nor those who do not have at least three months of continuous effective service on the deadline for filing the lists, nor those affected by one of the incapacities imposed by the lists Articles L. 5 and L. 6 of the Electoral Codeneither those who have been struck by a temporary exclusion of functions under theArticle 43-2 of Decree No. 86-83 of 17 January 1986unless they have been amnestied or relieved of their sentence.
Each list includes as many names as there are filling positions, incumbents and alternates, for a given grade, without mentioning each of the candidates of the quality of the holder or alternate. The same candidate may not be submitted by several lists under the same commission.
Lists must be filed at least six weeks before the date fixed for the elections, by trade union organizations that meet the conditions set out inArticle 9 bis of Act No. 83-634 of 13 July 1983 the rights and obligations of civil servants. Lists may be common to several trade union organizations. Each list must include the name of a list delegate, candidate or not, designated by the trade union organization to represent the list in all electoral operations. The organization may designate an alternate delegate.
The filing of each list must be accompanied by a declaration of application signed by each candidate. The deposit is subject to a receipt given to the list delegate.
When the administration finds that the list does not meet the conditions set by theArticle 9 bis of the Act of 13 July 1983 referred to above, it gives the list delegate a reasoned decision declaring the list's irrelevability. This decision shall be delivered no later than the day after the deadline for submission of the nomination lists.
No list may be filed or amended after the deadline for section 12.
However, if, within three days of the deadline for filing the lists, one or more candidates on a list are recognized as ineligible, the administration shall promptly inform the list delegate. It may then transmit, within three days of the expiry of the three-day period referred to above, the necessary corrections.
If no correction is made, if one or more candidates on a list are recognized as ineligible, the list concerned is considered to have not submitted any candidates for the corresponding grade(s).
Where the admissibility of one of the lists is not recognized by the administration, the three-day rectification period provided for in the first sentence of the second paragraph of this article shall be limited in respect of that list only after the notice of the judgment of the administrative tribunal when it is seized of a challenge to the decision of the administration.
If the reasoning of ineligibility occurred after the deadline for filing the lists, the failed candidate may also be replaced, without changing the date of the elections.
The lists set out in the conditions established by this Order shall be posted as soon as possible and, where appropriate, in each voting section.
No further withdrawal of nominations may be made after the nomination of applications.
When several trade union organizations affiliated with the same union of civil servants have filed competing lists for the same election, the administration shall notify, within three days of the deadline for filing the lists, the delegates of each of the lists. They then have a period of three days to transmit the necessary changes or withdrawals of the list.
If, after the expiry of the latter period, these amendments or withdrawals have not taken place, the administration shall inform within three days the union of trade unions whose lists are required. It then has a five-day time limit to indicate to the administration, by registered letter with a request for notice of receipt, the list that may avail itself of membership of the union for the purposes of this decree.
In the absence of this indication, trade union organizations that have filed the lists in question cannot benefit from the 2 of Article 9 bis of Law No. 83-634 of 13 July 1983 bearing the rights and obligations of public servants and may not avail themselves of membership in a union for the purposes of the second paragraph of Article 15 of this Order.
Where the admissibility of one of the lists is not recognized by the administration, the procedure described above shall be implemented within three days from the notification of the judgment of the administrative tribunal when the administrative tribunal is seized with a challenge to the decision of the administration.
The ballots and envelopes are prepared, at the expense of the administration, based on a model provided by the administration.
On the ballot, mention is made of the possible membership of the trade union organization, on the date of the filing of the lists, of a union of national character.
The ballots and envelopes shall, if any, be given to the chief of service to which each polling division is placed, at least equal, for each list, to the number of electors registered on the electoral list of that section. They shall be transmitted by the administration to officers admitted to voting in the voting sections referred to in Article 16 of this Order.
Central polling stations are established. They proceed to count the ballot. At the end of the count and without delay, the central polling stations proceed to the proclamation of the results.
Special polling stations may be created under conditions set by an organization note.
In the event of the counting of the ballot, the ballot shall be implemented, except in particular circumstances, within a period not exceeding three working days from the date of the election.
Central polling stations and, where appropriate, special polling stations include a chair and secretary appointed by the Minister for Sustainable Development and a delegate from each list in attendance.
Voting sections can be created under conditions set by an organization note. They include a chair and secretary designated by the chief of service to whom they are placed, and, where appropriate, a delegate from each list in attendance.
Electoral operations are conducted publicly in the workplace and during hours of service.
The vote is held by secret ballot and under envelope.
Electors can only vote for an entire list, without delisting or adding names and without changing the order of candidates. Any bulletin established in ignorance of any of these conditions shall be void.
The vote may take place by correspondence, under conditions set by an organizational note by the Minister for Sustainable Development.
The envelopes sent, at the administration's expense, by the electors must arrive at the polling station before the polling day is closed.
The central polling stations note the total number of votes and determine the total number of valid votes cast and the number of votes obtained by each list.
They also determine the electoral quota by dividing the total number of valid votes cast by the number of incumbent representatives to be elected.
Staff representatives in the Joint Advisory Committees are elected to the secret ballot on proportional basis. The designation of the incumbent members shall be carried out in the manner specified in this article.
(a) Total number of incumbent seats assigned to each list:
Each list is entitled to as many seats as incumbent representatives as the number of votes collected by it contains the electoral quota.
The seats of any incumbents remaining to be filled are allocated according to the highest average rule.
(b) Setting of grades in which lists have incumbent representatives:
The list being entitled to the largest number of seats selects the seats of holders that it wishes to be assigned, provided that it does not prevent by its choice another list from obtaining the number of seats to which it is entitled in the grades for which it had nominated candidates. However, it may not select from the outset more than one seat in each of the grades for which it has submitted candidates only in case no list has submitted candidates for the grade(s) considered.
The other lists then exercise their choice successively in the descending order of the number of seats to which they can claim, under the same conditions and under the same reservations. In case of equal number of seats obtained, the order of choice is determined by the respective number of votes obtained by the lists in attendance. In case of equal number of votes, the order of choice is determined by drawing of lots.
When the above procedure did not allow one or more lists to fill all the seats to which it could have claimed, these seats are assigned to the list which, for the ranks whose representatives remain to be nominated, obtained the largest number of votes.
In the case that no list has submitted candidates for a grade, the representatives of this rank are designated by way of random drawing among the agents of this rank in residence within the jurisdiction of the commission whose representatives must be members. If the officers so designated do not accept their appointment, the vacancies of staff representatives shall be attributed to officials of the administration.
(c) Designation of representatives holding each grade:
The incumbent representatives are designated according to the order of presentation of the list.
(d) Special provisions:
In the event that, for the assignment of a seat, lists have the same average, the seat is assigned to the list that collected the largest number of votes. If the lists in question received the same number of votes, the seat shall be assigned to the seat which, pursuant to the first paragraph of Article 14 of this Order, has submitted the largest number of candidates to be elected under the Joint Advisory Committee. If several of these lists have obtained the same number of votes and have presented the same number of candidates, the seat is assigned to one of them by drawing lots.
Each list shall be assigned a number of seats of alternate representatives equal to that of the incumbent representatives elected under this list.
The elected alternate representatives shall be designated according to the order of presentation of the list, after the designation of the incumbent representatives.
When a common list has been drawn up by trade union organizations, the distribution of votes cast is made on the basis indicated and made public by the trade union organizations concerned at the time of filing their list. In the absence of an indication, the distribution of votes is equal among the organizations concerned. This distribution is, if any, listed on the lists in the voting sections.
A record of electoral operations shall be prepared by the polling station and immediately transmitted by any appropriate means to the Minister for Sustainable Development and to the officers authorized to represent the lists of candidates under the conditions laid down in section 14.
Disputes on the validity of electoral operations are brought within five days of the proclamation of the results to the Minister for Sustainable Development and, where appropriate, to the administrative jurisdiction.
The parity advisory boards established by this Order are obligatoryly consulted beforehand on individual decisions relating to terminations occurring at the expiry of the trial period and disciplinary sanctions other than warning and blame.
Commissions may be consulted on any individual matters relating to the professional situation of non-registrants who fall within their competence.
The Joint Advisory Boards are chaired by the Director of Human Resources or, in the event of an impediment, by his representative, a member of the Joint Advisory Board.
Each Joint Advisory Committee shall develop its rules of procedure.
The committee secretariat is provided by a representative of the administration who may not be a member of these commissions.
A staff representative shall be appointed by each committee in his or her place to serve as Deputy Secretary.
A report is prepared after each session. It is signed by the president, signed by the secretary and deputy secretary and transmitted to the members of the commission. This report is submitted to the Commission for approval.
Each Joint Advisory Committee shall meet at least once a year, at the invitation of its Chairperson, at its initiative or, within a maximum of two months, upon written request of at least half of the staff representatives.
Alternates may attend the meetings of the committees. They only have a deliberate voice in the absence of the incumbents they replace.
The chair of a committee may summon experts at the request of the administration or at the request of staff representatives to be heard on a agenda item.
Experts can only attend the portion of the debate, excluding the vote, on the issues for which their presence was requested.
The Joint Advisory Committees shall be seized by their Chair or upon written request signed by at least half of the staff representatives of all matters within their competence.
They issue their opinions to the majority of the members present.
If a vote is taken, the vote shall be taken by hand. Agreed. However, at the request of one of the members holding a commission, the vote shall be held by secret ballot. In the event of a vote sharing, the notice is deemed to have been given or the proposal made.
When the human resources management makes a decision contrary to the notice or proposal issued by a commission, the authority must inform the Commission of the reasons that led to it not following the notice or proposal.
The meetings of the Joint Advisory Committees are not public.
The Boards sit in restricted disciplinary training. In other cases, they sit in the plenary.
When a Board sits in disciplinary matters, only staff representatives in a hierarchical position at least equivalent to that of the officer whose file is reviewed, as well as an equal number of representatives of the administration, are required to deliberate. This equivalence is valued in reference to the hierarchical level of staff assigned to similar tasks, according to the usual statutory categories.
When a commission evokes the situation of a staff representative serving as a holder, it shall be called upon the first alternate representative or, if not, another alternate representative from the same list.
In the event that a commission is called upon to examine the situation of all representatives, holders and alternates, of that commission or if no representative may validly sit, the drawing procedure shall apply.
All facilities must be provided to members of the parity advisory boards by the administration to enable them to fulfill their responsibilities.
In addition, communication must be given to them of all the documents and documents necessary for the performance of their mission, at least eight days before the date of the session.
A leave of absence is granted to staff representatives and experts to allow them to participate in committee meetings on a simple presentation of their convocation. The duration of this authorization shall be calculated taking into account the time limits, the expected duration of the meeting and increased by a time equal to that time in order to ensure the preparation and reporting of the work of the commissions.
Board members and experts are subject to the obligation of professional discretion with respect to all facts and documents that they have been aware of in this capacity.
The commissions shall deliberate validly only on the condition that they observe the rules of procedure and procedure established by this Order and by their rules of procedure provided for in Article 28 of this Order.
In addition, at least three quarters of their members must be present at the opening of the meeting.
When this quorum is not reached, a new convocation is sent within eight days to the members of the commission who then sits validly if half of its members are present.
The members of the commissions shall not receive compensation as a result of their functions in those bodies. However, they are compensated for their travel and living expenses under the conditions fixed by the Decree No. 2006-781 of 3 July 2006 setting out the conditions and procedures for the payment of costs caused by the temporary movement of State civilian personnel.
Section 2 of the 14 May 1973 Regulations governing non-CCP and EECL personnel is replaced by the following provisions:
"A parity advisory committee shall be established under the name "Advancing and Discipline Commission" whose powers and composition shall be determined by order of the Minister for Sustainable Development.
"This commission is competent in respect of officers recruited or governed by these Regulations who carry out their duties within the EEC, other services that fall within or in conjunction with one or more other ministers of the Minister for Sustainable Development, the Environment, Equipment or Housing, departmental interdepartmental branches or state services in overseas departments and regions, in Mayotte and Saint-Pierre.
"By application of the second paragraph of Article 1-2 of the Decree No. 86-83 of 17 January 1986 amended to apply the general provisions applicable to non-State agents for the application of theArticle 7 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State, the agents recruited or governed by these regulations who carry out their functions within the French Institute of Transport Sciences and Technologies, Planning and Networks are under this commission. »
Until the appointment of members of the parity advisory boards established by Article 1, the existing parity advisory boards and advance and discipline commissions are maintained and retain their competence.
Are and remain repealed or deleted:
1° The amended decision of 6 February 2003 establishing a parity advisory board;
2° The amended decision of 22 April 1975 establishing a competent parity advisory board with respect to contractors responsible for high-level studies;
3° The amended decision of 28 December 1981 establishing competent parity advisory boards with respect to contract agents of urban planning studies;
4° The amended Order of March 12, 1997 establishing a competent National Joint Advisory Board with respect to certain non-owned personnel of the Ministry of Equipment, Housing, Transport and Tourism under local rules of procedure and setting the conditions for the designation of staff representatives to the Commission and to the local Joint Advisory Boards for which these personnel are responsible;
5° The amended decision of 12 March 1997 establishing a competent parity advisory board with respect to contracted auxiliary personnel governed by the Decree No. 46-1507 of 18 June 1946 and other contracted personnel Decree No. 48-1018 of 16 June 1948 ;
6° The decision establishing a parity advisory board for the application of Article 9 of the amended decision of 18 March 1992 establishing the national rules of procedure;
7° The decision of 9 January 2008 establishing a parity advisory commission;
8° The decision establishing the appropriate parity advisory board with respect to preventive physicians;
9° The decision of 3 March 2003 establishing a parity advisory commission;
10° Commissions of advancement and discipline placed with the Director of the Tunnels Studies Centre and EECL Directors, competent in respect of officers recruited or governed by these Regulations of 14 May 1973 governing non-CCP and EECL personnel who perform their duties within the Tunnels Studies Centre or CETE;
11° The Decree of 21 May 1984 on parity administrative boards for non-sub-directions of driver training governed by the amended Decree of 29 December 1978.
The Director of Human Resources is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E
LIST OF COMPOSITIONS OF THE PARITICAL COMMISSIONS
| Agents recruited or governed by the Regulation of May 14, 1973 regulating non-CCP and CEC personnel | --- | 6 | 6 | 6 | 6 |
| Agents governed by the amended decision of 18 March 1992 establishing the national rules of procedure | Exceptional category | 2 | 2 | 2 | 2 |
| | Category | 2 | 2 | 2 | 2 |
| | 1st category | 2 | 2 | 2 | 2 |
| "Berkani" agents governed by the Decree No. 2003-1267 of 23 December 2003 Amending the provisions applicable to certain officers of the department responsible for equipment covered by theArticle 34 of Act No. 2000-321 of 12 April 2000 Rights of Citizens in their relations with | --- | 2 | 2 | 2 | 2 |
| Prevention Medical Circular Officers of 18 May 2007 | --- | 2 | 2 | 2 | 2 |
| Agents governed by the amended circular of June 12, 1969 relating to urban planning contracts and their procurement procedures and the amended order of July 10, 1968 establishing the conditions for the recruitment and remuneration of technical and administrative contractual personnel of the Ministry of Equipment and Housing responsible for high-level studies in the service of economic and international affairs and in the service of technical studies of roads and highways | --- | 2 | 2 | 2 | 2 |
| Agents governed by local rules of procedure and those governed by the regulations of the regional management of equipment in Ile-de-France and managed by the human resources management and by the Decree No. 46-1507 of 18 June 1946 Amending the status of contracted auxiliaries recruited by the Ministry of Public Works and Transport for the service of bridges and pavements | --- | 2 | 2 | 2 | 2 |
| Agents recruited by the central administration of the Ministry of Ecology, Development and Sustainable Development pursuant to Articles 4 or 6-1 of Act No. 84-16 of 11 January 1984 or on sui generis contract | --- | 3 | 3 | 3 | 3 |
| Officials Decree No. 2001-1145 of 3 December 2001 Amending the provisions applicable to non-marital and aquaculture personnel and some officers in or recruited by marine professional high schools | --- | 2 | 2 | 2 | 2 |
| Officials Decree No. 78-1305 of 29 December 1978 modified for administrative and technical personnel of the National Driver Licence Examination Service | --- | 2 | 2 | 2 | 2 |
Done on 17 August 2011.
For the Minister and by delegation:
The chief of duty,
Deputy Director
human resources,
R. Davies
