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Decree No. 2015-141 10 February 2015 Concerning The Commission Of The Special Status Referred To In Article L. 2101-2 Of The Code Of Transportation

Original Language Title: Décret n° 2015-141 du 10 février 2015 relatif à la commission du statut particulier mentionné à l'article L. 2101-2 du code des transports

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Information on this text

Texts transposed

Directive 2012/34/EU of the European Parliament and the Council of 21 November 2012 establishing a single European rail space

Summary

Partial transfer of Directive 2012/34/EU of the European Parliament and the Council establishing a single European railway space.

Keywords

SUSTAINABLE DEVELOPMENT , TRANSPORT , TRANSPORT CODE , FERROVIARY TRANSPORT , FERROVIAR PUBLIC SERVICE , FERROVIAR PUBLIC GROUP , FERROVIAR PUBLICING , FERROVIAR SECURITY , STATEMENT , STATEMENT , POSITION


JORF n°0035 of 11 February 2015 page 2556
text No. 7



Decree No. 2015-141 of 10 February 2015 on the commission of the particular status referred to in Article L. 2101-2 of the Transport Code

NOR: DEVT1423933D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/2/10/DEVT1423933D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2015/2/10/2015-141/jo/texte


Publics concerned: SNCF, SNCF Mobility, SNCF Réseau.
Purpose: Establishment of the advisory commission, known as the status commission, to issue an opinion on draft provisions relating to the particular status of employees of the SNCF, SNCF Mobility and SNCF Network.
Entry into force: the text comes into force on the date of incorporation of the railway public group, i.e. simultaneously at the entry into force of the statutory decrees of the three public establishments constituting the railway public group, and no later than 1 July 2015.
Notice: the decree defines the modalities for the adoption of the provisions relating to the particular status of employees of the SNCF, SNCF Mobility and SNCF Réseau, in particular the establishment of the status commission, its composition and its operation. The status commission is placed with the SNCF and is intended to collect opinions from representative trade union organizations at the railway public group level before deliberation of the SNCF supervisory board and approval of the ministerial authority.
References: this decree is taken for the application of theArticle 1 of Act No. 2014-872 of 4 August 2014 bringing rail reform. It is available on the website Légifrance (www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy,
Vu le Transport codeincluding article L. 2101-2;
Vu la Act No. 2014-872 of 4 August 2014 carrying out railway reform, including article 1;
Vu le Decree No. 53-707 of 9 August 1953 relating to State control over national public enterprises and certain organizations with an object of economic or social order;
Vu le Decree No. 2015-137 of 10 February 2015 relating to the missions and statutes of the SNCF and the mission of economic and financial control of transport;
The State Council (Social Section) heard,
Decrete:

Article 1 Learn more about this article...


Prior to their adoption by the SNCF Supervisory Board, the draft provisions of the particular status referred to inArticle L. 2101-2 of the Transport Code are submitted for advice to an advisory committee called the "Status Commission".

Article 2 Learn more about this article...


The status commission is chaired by the president of the SNCF or its representative.
In addition to its president, the commission includes:
1° A SNCF representative;
2° A representative of SNCF Mobility;
3° A representative of SNCF Réseau;
4° Three representatives of each representative trade union organization at the level of the public railway group.
A representative of the Minister for Transport attends meetings of the Commission.

Article 3 Learn more about this article...


The terms of reference of representatives of representative trade union organizations are short from the notification of their designation by the organization they represent to the president of the SNCF's policy. It shall terminate either from the notification by the latter of the designation of their replacement, or from the loss by the latter of its representative character.
Members of the particular status commission who, during their term of office, dies, resigns or loses the quality under which they were designated are replaced by a person designated under the same conditions.

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The commission of the special status meets on the convocation of its president, which sets the agenda. Such summons may be sent by any means, including by fax or e-mail. The same applies to documents or documents necessary for the preparation of the meeting or prepared at the end of the meeting.
The quorum is reached when at least half of the members composing the commission are present, including members participating in the debates by means of a telephone or audiovisual conference or have given a warrant.
When the quorum is not reached, the commission shall deliberate validly without a quorum condition after a new convocation on the same agenda and specifying that no quorum will be required.

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Except as a matter of urgency, members of the status commission shall, at least one month before the date of the meeting, receive a summons with the agenda and text of the draft statutory provisions submitted to the Commission's notice.

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The minutes of the status commission meeting mention the name and quality of the members present and the representative of the Minister for Transport, the provisions discussed during the meeting and the opinions expressed by the members of the commission.
It is transmitted to the supervisory board of the SNCF that deliberates on these draft statutory provisions.

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The deliberation of the SNCF Supervisory Board, together with the minutes referred to in section 6, is forwarded to the Minister responsible for transport by the President of the SNCF Director.
The provisions of the special status shall be approved in accordance with provisions of Article 6 of the Decree of 9 August 1953 referred to above.

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Decree No. 50-637 of 1 June 1950 amending the powers of the Board of Directors of the Société National des chemins de fer français en matière de personnel is repealed.

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This Order comes into force on the date provided by the Orderarticle 56 of the decree of 10 February 2015 referred to above.

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The Minister of Ecology, Sustainable Development and Energy and the Secretary of State for Transport, the Sea and Fisheries are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done on February 10, 2015.


Manuel Valls

By the Prime Minister:


Minister of Ecology, Sustainable Development and Energy,

Royal


State Secretary for Transport, the Sea and Fisheries,

Alain Vidalies


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