Key Benefits:
Publics concerned: staff and members of the board of directors and guidance of the National Board of Information on Lessons and Professions (ONISEP); users of the NISEP.
Subject: modification of the missions and the administrative and financial organization of the NISEP.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree redefines the NISEP's missions to take into account the actions currently taken by the institution. In addition, it amends the institution's governance by reducing the number of directors to the board of directors, by establishing a guidance board and by removing the regional technical committees established with the regional delegations of the Office. Finally, it harmonizes certain provisions relating to the administrative and financial organization with those, more recent, other public administrative institutions.
References: the education code modified by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of National Education, Youth and Associative Life and the Minister of Higher Education and Research,
Considering the education code, including articles L. 313-6 and D. 313-14 to D. 313-36;
Vu le Civil codeincluding article 2045;
Vu le Decree No. 92-681 of 20 July 1992 amended on revenue-based authorities and advances by public bodies;
Vu le Decree No. 99-575 of 8 July 1999 amended on the terms and conditions for approval of certain financial decisions of State public institutions;
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;
Considering the advice of the Central Joint Technical Committee of the National Board of Information on Lessons and Professions dated June 14, 2011;
Having regard to the opinion of the Higher Education Council of 7 July 2011;
Considering the opinion of the National Council for Higher Education and Research of 12 July 2011,
Decrete:
Section D. 313-14 of the Education Code is amended to read:
1° The 1° of I is replaced by the following:
« 1° Develop and make available to users, in all appropriate terms and formats, the documentation necessary for the personalization of information and guidance through a better understanding of the means of education and professional activities; » ;
2° At 3° of I, the words "researching and researching" are replaced by the words "contributing to studies and research".
Section D. 313-15 of the same code is replaced by the following provisions:
"Art. D. 313-15.-The National Board of Information on Lessons and Professions is administered by a Board of Directors assisted by a Guidance Board. He's headed by a director.
"The Board of Directors has twenty-six members:
« 1° Nine representatives of the State:
“(a) Three appointed by order of the Minister for Education;
“(b) One appointed by order of the minister responsible for higher education;
"(c) One appointed by order of the minister responsible for the budget;
"(d) One appointed by order of the Minister responsible for vocational training;
“e) One appointed by order of the minister responsible for agriculture;
“(f) One appointed by order of the minister responsible for small and medium-sized enterprises;
“(g) One appointed by order of the minister responsible for youth;
« 2° Four members of the law:
“(a) The delegate for information and guidance or his representative;
“(b) Director General of the institution referred to at theArticle L. 5312-1 of the Labour Code or its representative;
"(c) The head of the Women's Rights and Gender Equality Service at the Women's Rights Ministry or its representative;
"(d) The Chair of Council scheduled to attendArticle L. 6123-1 of the Labour Code or its representative;
« 3° A representative of the National Union of Family Associations;
« 4° Three representatives of the associations of parents of the most representative students, including one of the private under contract education;
« 5° A representative of the most representative student association, appointed on the proposal of the National Council for Higher Education and Research;
« 6° A representative of high school students, appointed on the proposal of the National Council of High School Life;
« 7° Five staff representatives of the Office, appointed on the proposal of the most representative trade union organizations within the Office;
« 8° The President of the Board of Counsel of the Office and a member selected from among the particularly competent personalities in matters of concern to the Office, appointed on the proposal of the Director of the Office.
"The Director, the Deputy Director, the Secretary General, the Accountant Officer, the member of the General Economic and Financial Supervisory Body, and any person whose presence is deemed to be useful by the President attend the sessions with an advisory voice.
"The members mentioned in 3°, 4°, 5°, 6°, 7° and 8° are appointed by joint decree of ministers responsible for education and higher education.
"For each of the members mentioned in 1°, 3°, 4°, 5°, 6° and 7°, an alternate is designated under the same conditions as the holder.
"The President of the Board of Directors of the National Board of Information on Lessons and Professions is appointed by joint decree of Ministers responsible for education and higher education. »
Section D. 313-16 of the same code is replaced by the following provisions:
"Art. D. 313-16.-The board of directors shall, by its deliberations, regulate the affairs of the National Office of Information on Lessons and Professions. It deliberates in particular on:
« 1° The direction and general organization of the establishment proposed by the Director;
« 2° The Office's programme of activity and the annual activity report submitted by the Director;
« 3° The budget and its amendments;
« 4° The financial account and allocation of the year's result;
« 5° The rate of royalties and remuneration of any kind due to the office;
« 6° Donations and bequests;
« 7° Acquisitions, alienations and exchanges of buildings;
« 8° Membership in public interest groups;
« 9° The exercise of legal actions and transactions;
« 10° General conditions of procurement;
« 11° The rules of procedure of the board of directors.
"He gives his opinion on all matters that are submitted to him by interested ministers or that are on the agenda by his president.
"The Board of Directors designates a permanent delegation to follow, in conjunction with the Director, matters within the competence of the Board. »
Section D. 313-17 of the same code is replaced by the following provisions:
"Art. D. 313-17.-The Board of Directors of the National Board of Information on Lessons and Professions meets at least twice a year on the convocation of its President. It may be convened at the joint request of Ministers responsible for the guardianship of the Office or the Director or majority of Council members.
"The President sets the agenda, in agreement with the Director.
"The board of directors can only validly deliberate if half of its members attend the session. In the event that this quorum is not reached, the board of directors shall meet again within fifteen days and shall validly defree any number of members present.
"The deliberations of the board of directors are adopted by a majority of the votes cast.
"In case of equal sharing of voices, the president's voice is paramount.
"Each member of the board of directors may appoint another member to represent him. No one can carry more than two mandates.
"The deliberations of the board of directors other than those mentioned in 3°, 4°, 7° and 10° of Article D. 313-16 shall be enforceable in full right, if no express approval has been notified within this period, one month after their receipt by the ministers responsible for education and higher education if one of them has not made opposition in this period. The deliberations set out in the 10th of the same article must, to become enforceable, be subject to express approval by ministers responsible for education, higher education and budget.
"Deliberations on the budget and its amendments and on the financial account are addressed to ministers responsible for education, higher education and budget. They are enforceable under the conditions set out in Decree No. 99-575 of 8 July 1999 on the terms and conditions for approval of certain financial decisions of State public institutions. »
Section D. 313-18 of the same code is replaced by the following provisions:
"Art. D. 313-18.-The members of the board of directors of the National Board of Information on teachings and professions other than members of law are appointed for a period of three years renewable.
"The mandate of members ceases when they lose the quality under which they were appointed.
"In the event of a vacancy for any cause occurring more than three months before the expiry of the term, a replacement shall be designated under the same conditions for the remainder of the term.
"The members of the Board of Directors of the National Board of Information on Lessons and Professions shall exercise their functions free of charge. However, their travel and residence costs are borne by the Office under the conditions established by the regulations applicable to government officials in respect of mission fees. »
It is inserted in the same code an article D. 313-18-1 as follows:
"Art. D. 313-18-1.-The Board of Directors of the Board shall have twenty-two members:
« 1° Three representatives of the most representative employers' professional organizations;
« 2° A representative of the Assembly of French Chambers of Commerce and Industry;
« 3° A representative of the Permanent Assembly of Chambers of Crafts and Crafts;
« 4° A representative of the Permanent Assembly of the Chambers of Agriculture;
« 5° Four representatives of the union organizations of the most representative employees;
« 6° A representative of the most representative organization of agricultural operators;
« 7° A representative of the Association of Regions of France;
« 8° A representative of the Assembly of the departments of France;
« 9° A representative of the Association of Mayors of France;
« 10° Five representatives of the union organizations of the most representative teachers, including one of the privately contracted teaching;
« 11° A Director of Information and Guidance Services Staff Training Institute;
« 12° A Director of Information and Orientation Centre;
« 13° A Joint Information and Guidance Service Director.
"The members mentioned in 1° to 10° are appointed by joint decree of ministers responsible for education and higher education. The members mentioned in 11°, 12° and 13° are appointed by joint decree of ministers responsible for education and higher education, on the proposal of the Director of the Office. They are appointed for a renewable period of three years.
"For each licensee, an alternate is designated under the same conditions.
"The mandate of members ceases when they lose the quality under which they were appointed.
"In the event of a vacancy for any cause occurring more than three months before the expiry of the term, a replacement shall be designated under the same conditions for the remainder of the term.
"The President of the Board of Counsel of the Office, chosen from among the members of the Council of Guidance, is appointed by joint decree of Ministers responsible for education and higher education.
"The guidance board shall meet as necessary, depending on the subjects chosen by the board of directors or the matters before it. The work carried out by the guidance board at the request of the board of directors is specified in a specification, which indicates all the modalities useful for the conduct of the work, including the development of a timetable. At the end of the work conducted at the request of the board of directors, the guidance board shall give notice to the majority of the votes cast. This notice is submitted by the Chair of the Guidance Board. It is the subject of a debate on the board of directors and may give rise to a decision submitted to the vote.
"The guidance board is valid when the majority of its members are present.
"The Director of the Office, the Deputy Director and the members of the management whom he designates in accordance with the Chair of the Orientation Council shall attend plenary sessions with an advisory voice.
"The Chair of the Guidance Board may invite to attend meetings any person he or she considers the attendance to be useful.
"The members of the guidance board exercise their functions free of charge. However, their travel and residence costs are borne by the Office under the conditions established by the regulations applicable to government officials in respect of mission fees. »
Section D. 313-20 of the same code is replaced by the following provisions:
"Art. D. 313-20.-The Director is responsible for the direction of the National Office for Information on Teaching and Professions. As such:
« 1° It conducts the general policy of the establishment within the direction defined by the Board of Directors;
« 2° It prepares the deliberations of the board of directors and ensures its execution;
« 3° It prepares and executes the budget;
« 4° He is an orderer of income and expenditure;
« 5° It represents the establishment in justice and in all acts of civil life;
« 6° He manages the staff, appoints jobs for which no other authority has the power to appoint and recruits contractual personnel. He has authority over all staff of the establishment;
« 7° It concludes the agreements and contracts, subject to the provisions of Article D. 313-16.
"He may appoint secondary ordonators and fix their powers.
"He may delegate his signature to agents of Class A of the Office, with the exception of the accounting officer.
"Subject to the agreement of the member of the general economic and financial control body and a ratification by the board of directors at its next sitting, it may make decisions to amend the budget that do not include an increase in the total amount of expenditures, an increase in the number of staff, a decrease in the total amount of revenues, or a transfer of credits between the operating section and the capital operations section or between the sections of the personnel expenditures and the sections of the expenditures of the expenses of the staff. »
Section D. 313-23 of the same code is replaced by the following provisions:
"Art. D. 313-23.-The technical committee of the National Board of Information on Lessons and Professions is organized in accordance with the provisions of the Decree No. 2011-184 of 15 February 2011 relating to technical committees in government departments and public institutions of the State. »
Section D. 313-27 of the same code is replaced by the following provisions:
"Art. D. 313-27.-The resources of the National Office for Information on Lessons and Professions include:
« 1° Grants and competition funds awarded in particular by the State, public authorities and the European Union;
« 2° Rights, royalties and products of any kind arising from its activities;
« 3° Payments under the learning tax;
« 4° Products of conventions or contracts, including works or studies;
« 5° The income of the property's movable and immovable property;
« 6° The product of alienations;
« 7° Private contributions, gifts and bequests;
« 8° In general, all revenues authorized by laws and regulations. »
Section D. 313-31 of the same code is replaced by the following provisions:
"Art. D. 313-31.-The accounting officer of the National Board of Information on Lessons and Professions shall be appointed by order of Ministers responsible for education, higher education and budget. »
After the first paragraph of article D. 313-32 of the same code, it is inserted a paragraph as follows:
"The National Office for Information on Lessons and Professions sets up an analytical accounting that distinguishes business activities from other activities. »
Section D. 313-33 of the same code is replaced by the following provisions:
"Art. D. 313-33.-Advertisement and revenue may be created with the establishment under the conditions set by the establishment Decree No. 92-681 of 20 July 1992 relating to revenue-based authorities and public bodies' advances. »
In article D. 313-34 of the same code, the words "and secondary subordinators" are deleted.
Sections D. 313-25, D. 313-26, D. 313-30 and D. 313-35 of the same code are repealed.
The board of directors, in its composition provided for in Article D. 313-15 of the Code of Education in its drafting resulting from this decree, shall be installed within three months from the date of publication of this decree. The term of office of the members of the Board of Directors on the date of publication of this Order is extended until the effective date of installation of the members of the new Board of Directors.
The guidance board provided for in Article D. 313-18-1 of the Education Code shall be installed within three months from the date of publication of this Order.
The Minister of Economics, Finance and Industry, the Minister of Labour, Employment and Health, the Minister of National Education, Youth and Associative Life, the Minister of Budget, Public Accounts and State Reform, the spokesman of the Government, the Minister of Agriculture, Food, Fisheries, Rural Affairs and Cohesion
Done on 14 November 2011.
François Fillon
By the Prime Minister:
Minister of National Education,
youth and associative life,
Luc Chatel
Minister of Economy,
finance and industry,
François Baroin
The Minister of Labour,
employment and health,
Xavier Bertrand
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
Minister of Agriculture, Food,
Fisheries, Rural
and landscaping,
Bruno Le Maire
Minister of Solidarity
and social cohesion,
Roselyne Bachelot-Narquin
Minister of Higher Education
and research,
Laurent Wauquiez
The Minister to the Minister of Labour,
employment and health,
responsible for learning
and vocational training,
Nadine Morano
Secretary of State
to the Minister of Economy,
finance and industry,
responsible for trade, crafts,
small and medium-sized enterprises,
tourism, services,
liberal professions and consumption,
Frédéric Lefebvre
Secretary of State
to the Minister of National Education,
youth and associative life,
Youth
and associative life,
Jeannette Bougrab
