Key Benefits:
Minister of Health, Family and Disability, Minister of Agriculture, Food, Fisheries and Rural Affairs, Minister of Public Service, State Reform and Spatial Planning and the Secretary of State for Small and Medium-sized Enterprises, Trade, Crafts, Professional and Consumer Affairs,
In view of the Public Health Code, and Articles L. 1323-1, L. 5145-1 and R. 794-16;
As amended by Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants;
As amended by Act No. 84-16 of 11 January 1984, amending statutory provisions Relating to the Public Service of the State, and in particular Articles 14 and 15 thereof;
Given the amended Decree No. 82-452 of 28 May 1982 relating to the Joint Technical Committees, and in particular Articles 8, 11 and 11a;
In the light of Decree No. 99-242 of 26 March 1999 on the organisation and operation of the French Food Safety Agency and amending the Public Health Code (second part: Orders in Council of State), and in particular Title II of this Decree;
Vu The decree of 10 August 1999 establishing the Joint Technical Committee of the French Food Safety Agency,
Stop:
A staff consultation with the French Food Safety Agency (AFSSA) is Pursuant to the second paragraph of Article 11 of the decree of 28 May 1982 referred to above, in order to determine the trade union organisations to appoint staff representatives to the Central Joint Technical Committee AFSSA.
The date of the consultation and the timing of the election procedure are set by the AFSSA Director General.
Voters:
(a) Public servants, holders or trainees, of the French Food Safety Agency, excluding officials in non-executive positions, making available, secondment, Availability, parental leave, termination leave or performing the national service;
Also included are officials seconded or seconded to the French Food Safety Agency by the Administrations of the state, local authorities and public institutions;
(b) Non-incumbent agents of the French Food Safety Agency recruited for a period of at least one year and for a service Time shall be at least 50 % of the duration of work in the public service of the State, excluding agents on parental leave, leave without pay or performing the national
. Holders made available to the French Food Safety Agency by local authorities and public institutions.
The list of electors shall be established by the AFSSA Director General.
It shall be posted at the AFSSA premises at least six weeks before the date set for the consultation.
Within nine days On display, electors may verify registrations and, if applicable, make requests for change.
Within six days after the expiration of the time limit, the Chief Executive Officer of AFSSA shall Applications.
The trade union organisations may submit to the consultation provided for in Article 1 of this Regulation. Officials referred to in the fourth paragraph of Article 14 of the 11 January 1984 law referred to above.
If none of these trade union organisations submit applications or the number of voters registered by the list of persons on the list The second ballot shall be held at a date to be fixed by the director.
second ballot shall be held at a date to be fixed by the director. AFSSA General.
For the first ballot, nomination papers shall be sent to the Director General of AFSSA at the Later than the date fixed in accordance with the timetable established by the Director General of AFSSA.
Such applications may be accompanied by a profession of faith and shall mention the name of a delegate entitled to represent the organisation The
of application shall be given to the delegate.
If a second ballot is organised, the nomination papers shall be deposited, under the same conditions, at the latest. A date to be set by the AFSSA Director General.
Applications that meet the conditions set out in the Sections 4 and 5 of this Order shall be posted on the AFSSA premises on the date fixed by the AFSSA Director General's schedule.
A polling station shall be established with the Director General of AFSSA, of which the President and the Secretary shall be appointed by the Director General of AFSSA
Consultation may appoint a delegate at the polling station.
The polling station shall decide on disputes that may arise during the electoral process, observe the number of voters, proceed to the counting and draw up a record The results of the consultation.
Voting is by correspondence, by secret ballot, on sigle, and in an envelope. Ballots and envelopes shall be established by the administration according to a model model.
Voting shall take place in the The following conditions:
Ballots and envelopes are sent to the voters at least two weeks before polling day.
The elector inserts his or her ballot in a first envelope (envelope 1), That he hiding. This envelope, of a model fixed by the administration, shall not bear any distinctive mention or sign. It inserts this envelope into a second envelope (envelope 2) on which its name, first name, assignment and signature must be included. This mandatory sealed cover shall be placed in a third envelope, cleared at the expense of the administration (envelope # 3), which it is hiding and that it addresses by post at the polling station.
Envelope No. 3 must be sent to the office of Vote before the closing time of the poll.
Receipt and enumeration of votes shall be conducted under conditions
At the end of the voting, the polling station shall count the votes.
The envelopes # 3 and the envelopes # 2 shall be opened.
As the envelopes are opened n ° 2, the voters list is neat and Envelopes No 1 deposited, without being opened, in the ballot box.
The envelopes # 3 reached after the closing time of the poll, the unsigned envelopes No 2 or not signed, shall be annexed to the minutes without being opened. Without the name of the elector or on which this statement is illegible, the multiple envelopes reached under the signature of the same elector, envelopes number 1 reached in multiple numbers under the same envelope n ° 2 and the Envelopes no. 1 marked or a distinctive sign.
Also included are the ballots found in envelope No. 3 without envelope No. 1 or No. 2 and the ballots in envelope No. 2 without envelope No. 1.
At the end of the vote count, the polling station determines the number of voters.
If the number of voters is less than Half of the number of staff to vote, the counting of the votes and a second ballot shall be conducted under the conditions set out in sections 4 and 5 of this Order.
If the number of voters is equal or greater than 50 % of the number of staff to vote is counted under the conditions set out in section 12.
The polling station proceeds with the counting of votes.
The votes cast under the following conditions are considered to be invalid:
-ballots that do not conform to the standard pattern;
-ballots with Overloads, ratures or shredding;
-multiple ballots found in the same envelope for different union organizations.
At the counting of the ballots, are not counted in the valid votes Expressed in white papers and ballots found in the ballot box.
Are considered validly expressed and count for one vote multiple ballots found in the same envelope for the same organization Union.
The polling station establishes a record of the consultation mentioning:
-the number of electors Registered;
-the number of voters;
-the number of blank or spoiled ballots;
-the number of valid votes cast;
-the total number of votes obtained by each trade union organization.
The minutes are signed by The President, the Secretary and each delegate of the trade union organisations who have made an application at the time of the counting.
The envelopes which have been discarded without being opened, the votes cast shall be annexed to that record. Votes
at the polling station after the closing time of the poll shall be returned to the persons concerned with the date and time of receipt.
The polling station shall determine the quotient By dividing the total number of votes validly cast by the number of seats of representatives holding the staff to be filled on the AFSSA Central Joint Technical
. Submitted to the staff consultation shall be entitled to as many seats of the staff representative as the number of votes collected by it contains the electoral quotient.
The remaining seats of the incumbent
It is assigned to each trade union organization a number of seats of alternate representative equal to that of the seats of the holding representative obtained by that organization. Organization under the preceding paragraph.
The polling station proclaims the results of the consultation.
No Prejudice to the provisions laid down in the eighth paragraph of Article 14 of the aforementioned Law of 11 January 1984, objections to the validity of the consultation of staff shall be brought before the Director General of AFSSA within five days As from the declaration of the results and, where appropriate, before the administrative court.
Taking into account the Results of the consultation, a joint decree of the minister responsible for health, the minister responsible for agriculture and the minister responsible for consumption determines the trade union organisations to be represented on the technical committee The results of the consultation will be taken into account in determining the allocation of trade union rights to AFSSA.
The Director General of the French Food Safety Agency is responsible for the execution of this Order, which Will be published in the Official Journal of the French Republic.
Done at Paris, January 3, 2003.
Minister of Agriculture, Food,
Fisheries and Rural Affairs,
For the Minister and delegation:
The Director General of Administration,
C. Galliard de Lavernée
The Minister of Health, Family
and People with Disabilities,
For the Minister and by delegation:
The Director of General administration,
staff and budget,
E. Marie
The Minister of the Public Service,
of
and Spatial Planning,
For the Minister and Delegation :
By preventing the Director General
from public administration and public service:
The Deputy Director,
Y. Chevalier
The Secretary of State
to small and medium-sized enterprises,
to business, crafts,
to the liberal professions
and consumption,
For the Secretary of State and delegation:
The Director General of Competition,
for
consumption and fraud enforcement,
J.
Gallot
