Key Benefits:
The Prime Minister,
On the report of the Minister of Agriculture, Food, Fisheries, Rurality and Land Management, the Minister of Interior, Overseas, Territorial Communities and Immigration, the Minister of National Education, Youth and Associative Life, the Minister of Budget, Public Accounts, Public Service and Government Reform, spokesman of the Government
Considering the education code, including its article L. 161-2;
Vu la Act No. 61-814 of 29 July 1961 conferring on the Wallis and Futuna islands the status of overseas territory;
Vu la Act No. 2007-148 of 2 February 2007 the modernization of the public service;
Vu le Decree No. 62-1587 of 29 December 1962 General regulation on public accounting;
Vu le Decree No. 85-986 of 16 September 1985 relating to the particular regime of certain positions of State officials, the provision, integration and the final termination of functions;
Having regard to the decree of 27 July 1990 establishing a state college;
Considering the opinion of the National Council for Agricultural Education of 7 October 2010,
Decrete:
It is created a national public school of agricultural education and vocational training, known as "Wallis and Futuna Agricultural Professional High School", including a vocational agricultural school and a farm.
The rules set out in sections R. 811-94 to R. 811-113 of the Rural and Maritime Fisheries Code are applicable to the establishment, subject to the provisions of sections 2 to 8 of this Order.
This establishment is provisionally located in the premises of the State Public Education College Vaimoana de Lavegahau under the Ministry of Education and may, during this period, use the movable and immovable property assigned to it under the conditions provided for in the agreement referred to in Article 8 below.
The professional agricultural school in Wallis and Futuna fulfils the tasks set out in article L. 811-1 of the rural code and the maritime fisheries.
The teachings given at the professional agricultural school in Wallis and Futuna in initial training are sanctioned by state diplomas.
The board of directors shall, by its deliberations, regulate the affairs of the public institution after notice, if any, of the competent councils and after hearing the report of the director of the public establishment. He stops his rules of procedure.
Its deliberations include:
1° The settlement project, the pedagogical project and the agricultural exploitation programme;
2° The establishment's rules of procedure;
3° The needs and conditions of employment of staff recruited from the institution's budget;
4° Budget and amended decisions;
5° The financial account and the allocation of results;
6° Non-value admissions and free discounts;
7° The loans;
8° The subscription and sale of shares in social capital of cooperative, mutual or mutual agricultural organizations;
9° Acquisitions, alienations or exchanges of buildings;
10° Emphyteotic leases;
11° Acquisition or transfer of securities;
12° Procurement of contracts, conventions or markets and the conditions under which expenditure on agricultural exploitation can be financed prior to execution;
13° The organization of the public institution, including the contracts of objectives;
14° Housing concessions;
15° The rates for accommodation and pension expenses;
16° Acceptance or refusal of gifts and bequests;
17° Justice actions.
The establishment has a working council whose skills and composition are fixed by order of the Minister for Agriculture.
The Director of Public Institution is appointed by the Minister for Agriculture. He may be assisted by a deputy appointed under the same conditions.
The director is the executive body of the institution. As such, it prepares and executes the deliberations of the Board of Directors under the conditions referred to in section R. 811-102 of the Rural and Maritime Fisheries Code.
It represents the establishment in justice and in all acts of civil life. He recruits and manages staff who do not have the status of state official.
The director of establishment represents the state within the institution. As such:
(a) It has authority over all personnel affected or made available to the institution. After consultation with the bodies concerned, it shall designate all functions within the institution for which no other administrative authority has received an appointment authority. It organizes the service of the staff in accordance with their status;
(b) It ensures, where appropriate, the proper conduct of the teachings, information, guidance and control of the students' knowledge;
(c) It shall, in liaison with the relevant administrative authorities, take all measures to ensure the safety of persons and goods, the hygiene and safety of the establishment;
(d) He is responsible for the order in the establishment. It ensures respect for the rights and duties of all members of the school community and ensures the application of the rules of procedure.
The prefect, senior administrator of the Wallis and Futuna Islands, is the guardianship authority of the establishment.
It exercises the skills assigned to the Minister responsible for agriculture by sections R. 811-98 to R. 811-100 of the Rural and Maritime Fisheries Code.
By derogation from II of section R. 811-95 of the Rural and Maritime Fisheries Code, the budget, the amendments and the approval of the financial account for the past fiscal year shall be forwarded to the guardianship authority within five days of the deliberation of the board of directors. They become enforceable within thirty days of the date of receipt by that authority, unless it has made known its reasoned disagreement. In this case, or where the budget is not adopted within the time limits set out in I of Article R. 811-98 of the Rural and Maritime Fisheries Code, it is settled by the guardianship authority.
A convention is established between the Director of the State Department of Agriculture, Forestry and Fisheries and the Vice-President. It regulates the modalities of cooperation, operation, and sharing of means between the professional agricultural school of Wallis and Futuna and the college of the Ministry of National Education.
This agreement is approved by the prefect, senior administrator of the Wallis and Futuna Islands.
Transitional provisions. ― On the date of creation of the professional agricultural school of Wallis and Futuna:
1° The director of the institution is the head of the Vaimoano College in Lavegahau, official of the Ministry of Education; he is assisted by a deputy, a minister responsible for agriculture, appointed by the minister responsible for agriculture after the advice of the minister responsible for national education;
2° The accounting officer of the College of Vaimoana de Lavegahau is appointed accounting officer of the professional agricultural school of Wallis and Futuna;
3° Upon his appointment and until the first meeting of the board of directors, the director of the vocational school in Wallis and Futuna makes any necessary decisions to the organization and operation of the establishment. He reports to the Board of Directors during its first session on the acts and decisions that he has taken and that fall within the competence of the Board of Directors.
The budget for the first fiscal year is decided by the Prefect, Senior Administrator of the Wallis Islands and Futuna on the proposal of the Director of the State Department of Agriculture, Forestry and Fisheries.
The director of the agricultural school organizes within two months of his appointment the elections of representatives to the board of directors.
This Order comes into force on 1 January 2011.
The Minister of Interior, Overseas, Territorial Authorities and Immigration, the Minister of National Education, Youth and Associative Life, the Minister of Budget, Public Accounts, Public Service and State Reform, Spokesman of the Government, the Minister of Agriculture, Food, Fisheries, Rural and Land Management
Done on 30 December 2010.
François Fillon
By the Prime Minister:
Minister of Agriculture, Food,
Fisheries, Rural
and landscaping,
Bruno Le Maire
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Brice Hortefeux
Minister of National Education,
youth and associative life,
Luc Chatel
Minister of Budget, Public Accounts,
public service and state reform,
Government spokesperson,
François Baroin
The Minister to the Minister of Interior,
of the Overseas, territorial authorities
and immigration, in charge of the overseas,
Marie-Luce Penchard
