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JORF n°0244 of 20 October 2011
text No. 11



Order of 5 October 2011 amending the order of 16 March 1990 concerning the specific parity commission of engineers, technical-commercial executives and technicians of the General Directorate of Arming

NOR: DEFA1127574A ELI: https://www.legifrance.gouv.fr/eli/arrete/2011/10/5/DEFA1127574A/jo/texte

Minister of Defence and Veterans,
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;
Vu le Decree No. 88-541 of 4 May 1988 relating to certain agents on contract of industrial or commercial services of the Ministry of Defence;
Vu le Decree No. 97-598 of 29 May 1997 fixing the regime applicable to contractual professional navigating personnel of the General Directorate of Arms;
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. 2009-870 of 15 July 2009 relating to the responsibilities of the Delegate General for Arms and the Secretary General for the administration of the Ministry of Defence;
In view of the decision of 4 May 1988 setting out the terms and conditions of recruitment, the remuneration and career development regime for officers governed by the Decree No. 88-541 of 4 May 1988 relating to certain agents on contract of industrial or commercial services of the Ministry of Defence;
In view of the decision of 4 May 1988 on the terms and conditions of recruitment and remuneration of agents on contract of the Ministry of Defence in the services of the General Directorate of Arming that do not have an industrial or commercial character;
In view of the decision of 16 March 1990 on the specific parity commission of engineers, technical-commercial executives and technicians of the General Directorate of Arming,
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Article 1 Learn more about this article...

The above-mentioned decision of 16 March 1990 is amended as follows:
1° In section 1, after the words: "on the same day", the words are inserted: "and in respect of contracted professional aircrew personnel governed by the Decree No. 97-598 of 29 May 1997. »
The words: "General Delegate for Arms" are replaced by the words: "Director of Human Resources of the General Directorate of Arms";
2° The provisions of section 2 shall be replaced by the following provisions:
"The specific parity commission provided for in Article 1 shall include equal numbers of representatives of the administration and staff representatives. It has incumbent members and an equal number of alternate members.
"The composition of the commission shall be determined in accordance with the following table:

REPRESENTATIVES
Staff
From the administration
Holders
Alternates
Holders
Alternates

College No. 1
ICT and Level I Engineers and Frameworks	4	4	5	5
College 2
ICT Technicians and Level II PNP	1	1

3° The provisions of Article 3 shall be replaced by the following provisions:
"The commission is chaired by the Director of Human Resources of the General Directorate of Arms or his representative.
"Representatives of the administration, licensees and alternates, within the commission shall be appointed by order of the Minister. They are chosen from state agents belonging to a class A or assimilated body or a body of officers.
"Representatives of the Board's incumbent or alternate member administration coming, during the four-year period, to cease the functions for which they were appointed are replaced under the conditions set out in the preceding paragraph. The term of office of their successors expires in this case during the renewal of the commission. »
4° The provisions of Article 4 shall be replaced by the following provisions:
"Electors are contractual agents with a minimum contract of six months and recruited in accordance with the provisions of Article 4 of the law of 11 January 1984 and the decree of 4 May 1988 referred to above, Decree No. 88-541 of 4 May 1988 referred to above, or Decree No. 97-598 of 29 May 1997, subject to the fact that they count, at the time of the election, at least six months of defence in the ministry of 29 May 1997.
"Electors are also agents on sick leave, sick leave, maternity leave, paternity leave, adoption leave, parental leave, vocational training leave, trade union leave, leave to encourage the training of youth leaders and facilitators, leave due to occupational injury or illness or made available.
"Without prejudice to the rights they retain in their original administration, incumbent civil servants who are seconded in a contract job are electors in their detachment job.
"On the other hand, non-remunerated employees or on leave without pay other than those listed in the second paragraph of this section are not electors.
"Can be designated as staff representatives the contractual agents of the Ministry of Defence meeting the conditions to be electors.
"However, no contractual agents may be designated on sick leave, neither those placed on leave without pay, nor those affected by one of the incapacities cited in sections L. 5 and L. 6 of the electoral code, nor those who have been temporarily excluded from office, unless they have been amnestied.
"The term is four years. It can be renewed. »
5° After Article 4, articles 4-1 to 4-11 are inserted as follows:
"Art. 4-1. - For the performance of electoral operations, electors may be divided into voting sections created by the authority to which the specific parity commission is placed.
"The president of the voting section stops the list of electors called to vote. The quality of electors is appreciated on polling day.
"These lists are annexed to those lists of agents called to vote by correspondence.
"The list is displayed in the voting section no later than three weeks before the date of the vote.
"In the eight working days following the list display, electors can check the registrations and, where applicable, submit applications for registration. In the same period, and for three working days after its expiry, claims may be made against registrations or omissions on the list of electors. It is up to the president of the voting division to follow up on it.
"Once the competent authority has ruled, no amendment shall be allowed unless a subsequent event and taking effect no later than the day before the election results, for an officer, the acquisition or loss of the elector's quality.
"In this case, registration or delisting is pronounced no later than the day before the election, either at the initiative of the administration or at the request of the interested party, and immediately notified to the staff by posting.
"Art. 4-2. - Separate lists of applications are established for each college. Each list of candidates includes as many names as there are to be filled, incumbents and alternates, for each college without mentioning each candidate of the quality of the holder or alternate. The same candidate may not be submitted by several lists under the same commission.
"The lists must be filed no later than ten weeks before the date fixed for the elections by the trade union organisations which, in the public service of the State, meet the conditions fixed to the electionsArticle 9 bis of Act No. 83-634 of 13 July 1983. No list may be filed or modified after this deadline.
"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 union organization may designate an alternate delegate.
"The filing of each list must be accompanied by a declaration of individual nomination signed by each candidate. The deposit is subject to a receipt given to the list delegate.
"The election of staff representatives to the commission shall take place before the expiry date of the term of office of its members in office.
"Art. 4-3. - No list may be filed or amended after the deadline for section 4-2.
"However, if, within three working 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 working days from 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 college(s).
"When the admissibility of one of the lists is not recognized by the administration, the three-day rectification period provided for in the second paragraph of this article shall be limited to the list only after the notification of the judgment of the administrative tribunal when it is seized of a challenge to the decision of the administration, pursuant to last paragraph of Article 9 bis of Law No. 83-634 of 13 July 1983 the rights and obligations of civil servants.
"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 established under the conditions set by this Order shall be displayed in the voting sections no later than three weeks before the date of the vote.
"No further withdrawal of nominations may be made after the nomination of applications.
"Art. 4-4. - When several trade union organizations affiliated to the same union have filed competing lists for the same election, the administration shall notify, within three working days of the deadline for filing the lists, the delegates of each of the lists. They then have a period of three working days to transmit the necessary changes or withdrawals of lists.
"If, after the expiry of the latter period, these amendments or withdrawals have not taken place, the administration shall inform within three working days the union of trade unions whose lists claim. It then has a period of five working days to indicate to the administration, by registered letter with a request for a notice of receipt, the list that may avail itself of membership of the union for the purposes of this Order.
"Art. 4-5. - 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 are handed over 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 this section. They shall be transmitted by the administration to non-registrants admitted to voting in the voting sections referred to in Article 4-1 of this Order.
"Art. 4-6. - The office of the Human Resources Directorate of the General Directorate of Arming, responsible for the poll, is issuing the results.
"The voting sections shall include at least one president and secretary appointed by the chief of service to whom they are placed, and, where appropriate, one delegate from each list in attendance.
"Art. 4-7. - Electoral operations are conducted publicly in the workplace and during hours of service.
"The vote takes place by secret ballot and under envelope.
"Electors can only vote for an entire list, without de-listing 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 can be taken by correspondence.
"The envelopes sent, at the expense of the administration, by the electors must arrive at the polling station before the time of the voting.
"Art. 4-8. - After collecting all the results of the voting sections, the office of the Human Resources Directorate of the General Directorate of Arms, responsible for the polling, notes for each college the total number of votes and determines the total number of valid votes cast and the number of votes obtained by each list.
"It also determines the electoral quota for each college by dividing the total number of valid votes cast by the number of incumbent representatives to elect.
"Art. 4-9. - Staff representatives are elected by secret ballot to proportional representation. The designation of the incumbent and alternate members for each college 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 sometimes contains the electoral quota.
"The seats of incumbent representatives remaining to be filled are allocated according to the highest average rule.
"For this purpose, the number of votes obtained by each list is divided by the number, increased by one unit, of seats already assigned to the list; the different lists are classified in descending order of the averages thus obtained; the first unsupplied seat is assigned to the list having obtained the highest average, and the operation is repeated successively for each of the unsupplied seats up to the last.
"In case two lists have the same average and only one seat left to be filled, the said seat is assigned to the list that collected the largest number of votes.
"The incumbent representatives are designated according to the order of presentation of the list.
“(b) Designation of alternate representatives:
"The election of a incumbent representative necessarily involves the election of an alternate representative. They are designated according to the order of presentation of the list after designation of the incumbent representatives.
"In the case that no nominations have been made for a particular college, the representatives of that college shall be designated by way of drawing of lots among the officers eligible for that college. If the officers so designated do not accept their appointment, the vacancies of staff representatives shall be attributed to officials of the administration.
"Art. 4-10. - If, prior to the expiry of the term of office, one of the representatives of the staff member holding the commission is unable to perform its duties, it is replaced by the first alternate taken in the order of the list until the renewal of the commission. The latter is itself replaced by the first unelected candidate of the same list.
"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.
"When a list is unable to fill a seat under the above conditions, the trade union organization that has presented the list shall designate its representative from among non-registrant agents of the eligible commission at the time of designation, for the duration of the term remaining to be run.
"Art. 4-11. - The commission shall issue a notice 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 the commission, the vote shall be held by secret ballot.
"To properly deliberate, at least three quarters of the committee members must be present at the opening of the meeting.
"The alternates are called to the meetings of the committee without being able to participate in the proceedings. They only have a deliberate voice in the absence of the incumbents they replace.
"The Chair of the Commission may convene experts at the request of the administration or at the request of staff representatives to be heard on a agenda item.
"The experts can only attend part of the debate, excluding the vote, on the issues for which their presence was requested.
"The meetings of the commission are not public. »
6° After Article 9, the article 9-1 is inserted as follows:
"When the file of a contracting professional officer is considered in a commission, in the absence of a qualified or alternate representative of that category in the relevant college, the staff or administration representatives shall appeal to an expert from that category. »
7° The provisions of Article 11 shall be replaced by the following provisions:
"The Commission develops its rules of procedure that are subject to the approval of the Director of Human Resources of the General Directorate of Arms. »
8° The first paragraph of section 12 is replaced by the following provisions:
"The secretariat is provided by a representative of the administration who may not be a member of the commission. A staff representative shall be appointed by the Commission within the Commission to serve as Deputy Secretary. »

Article 2

The Director of Human Resources of the General Directorate of Arms is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

Done on 5 October 2011.

For the Minister and by delegation:

The Director of Human Resources

General Directorate of Arms,

C. Chabert

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