I. – This article applies to services or parts of services that participate in the exercise of competencies of the State, the region of Guadeloupe or the department of Guadeloupe transferred to the collectivity of Saint-Barthélemy.
These services are transferred according to the terms and conditions set out in this chapter and according to the terms and conditions defined below.
II. – Within eighteen months of the publication of the organic law no. 2007-223 of 21 February 2007 referred to above, one or more agreements concluded between the representative of the State in the collectivity of Saint-Barthélemy and the president of the territorial council of Saint-Barthélemy shall establish the list of services or parts of services which are, for the performance of their missions, made available to the collectivity. These departments or parts of departments are placed under the authority of the President of the Territorial Council.
Failing an agreement signed within the aforementioned timeframe, the list of services or parts of services made available is established by joint order of the minister responsible for overseas France and the minister concerned.
The terms and date of the definitive transfer of each department or part of a department are set by decree.
III. – Within eighteen months of the publication of the aforementioned Organic Law no. 2007-223 of 21 February 2007, one or more agreements concluded between the President of the Departmental Council of Guadeloupe and the President of the Territorial Council of Saint-Barthélemy shall establish the list of services or parts of services which are, for the performance of their missions, made available to the collectivity of Saint-Barthélemy. These services or parts of services are placed under the authority of the President of the Territorial Council of Saint-Barthélemy.
The terms and date of the definitive transfer of each service or part of a service are set by decree.
IV. – Within eighteen months of the publication of the aforementioned Organic Law no. 2007-223 of 21 February 2007, one or more agreements concluded between the President of the Regional Council of Guadeloupe and the President of the Territorial Council of Saint-Barthélemy shall establish the list of services or parts of services which are, for the performance of their missions, made available to the collectivity. These departments or parts of departments are placed under the authority of the President of the Territorial Council of Saint-Barthélemy.
Failing an agreement within the aforementioned timeframe, the representative of the State in the local authority benefiting from the transfer proposes a draft agreement to the two local authorities within one month. The presidents of the two local authorities have one month to sign the draft agreement sent to them. If the State representative fails to sign this draft agreement, the agreement is drawn up by order of the Minister for Overseas France.
The terms and date of the definitive transfer of each service or part of a service are set by decree.
V. – The civil servants and non-tenured employees of the State and its public establishments, the civil servants and non-tenured employees of the department and region of Guadeloupe and their public establishments, assigned to services or parts of services made available, pursuant to the agreements or decrees mentioned in this article, to the collectivity of Saint-Barthélemy, are automatically made available, on an individual basis, to the President of the Territorial Council of Saint-Barthélemy and placed, for the performance of their duties, under his authority.
VI. – On the date of entry into force of the decree or decrees provided for in II setting out the definitive transfers of the departments or parts of departments to which they are assigned, non-tenured public law employees of the State and its public establishments become non-tenured public law employees of the territorial civil service under the conditions set out in Article 110 of Law no. 2004-809 du 13 août 2004 relative aux libertés et responsabilités locales. They are then employed by the collectivity of Saint-Barthélemy.
VII. – On the date of entry into force of the decree or decrees provided for in III and IV setting the definitive transfers of the services or parts of services to which they are assigned, the non-tenured public law employees of the territorial public service of the department and region of Guadeloupe become non-tenured employees of the collectivity of Saint-Barthélemy.
VIII. – Within a period of two years from the date of publication of the decrees provided for in II setting out the definitive transfers of services, State civil servants carrying out their duties in a service or part of a service transferred to the collectivity of Saint-Barthélemy may opt either for the status of territorial civil servant or for maintaining the status of State civil servant under the conditions provided for in II and III of Article 109 and in article 111 of the aforementioned law n° 2004-809 of 13 August 2004.
IX. – On the date of entry into force of the decree or decrees provided for in III and IV setting out the definitive transfers of services, the civil servants of the territorial public service exercising their functions in a service or part of a service transferred to the collectivity of Saint-Barthélemy may opt either for a transfer to the collectivity of Saint-Barthélemy, or for retaining their assignment in the collectivity that employed them prior to the transfer.
In the event that the civil servant opts to remain in the local authority that employed them prior to the transfer of the service or part of the service, they will remain at the disposal of the local authority of Saint-Barthélemy for a maximum period of eighteen months. This period may be reduced at the request of the local authority of Saint-Barthélemy which in this case benefits from the concomitant reimbursement of the remuneration of this agent until this cost, after having been included in its right to compensation following the opinion of the consultative commission for the evaluation of costs provided for in article LO 6271-6, soit compensée.
X. – However, State civil servants currently seconded to the department or region of Guadeloupe pursuant to III of the article 109 of the aforementioned law n° 2004-809 of 13 August 2004 and assigned to a service or part of a service transferred to the collectivity of Saint-Barthélemy are reintegrated into their original corps. They are then governed by V and VIII of this article.