Key Benefits:
Publics concerned: users and staff of the public scientific cooperation institution "Paris-Est University".
Subject: approval of the amendment of the statutes of the public scientific cooperation institution "Paris-Est University".
Entry into force: the text comes into force on the day after its publication.
Notice: this decree approves the amendment of the statutes of this public institution of scientific cooperation. The list of founding and associate member establishments is amended and therefore the composition of the board of directors as well. As part of its missions, the institution can now take participations and create affiliates in the areas of its members' activities. The President, when he is a university professor, may hold his term until 31 August following his sixty-eighth anniversary. Finally, new advisory bodies assist the board of directors with the transformation of the scientific council into an international scientific advisory committee and the creation of an academic senate.
References: the text amended 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 Higher Education and Research,
Vu le search codeincluding articles L. 344-1 and L. 344-4 to L. 344-10;
Vu la Act No. 84-834 of 13 September 1984 amended on the age limit in the public service and the public sector, including Article 7;
Vu le Decree No. 2007-382 of 21 March 2007 establishing the public scientific cooperation institution "Paris-Est University";
Considering the statutes of Paris-Est University, including their article 10;
Considering the deliberation of the Paris-Est University Board of Directors of 12 December 2011,
Decrete:
The amended statutes of the public scientific cooperation institution "Paris-Est University" are approved. The Schedule to the above-mentioned Order of 21 March 2007 is replaced by the Appendix to this Order.
The Minister of Economy, Finance and Industry, the Minister of Labour, Employment and Health, the Minister of Budget, Public Accounts and State Reform, spokesman of the Government, the Minister of Agriculture, Food, Fisheries, Rurality and Land Management, the Minister of Culture and Communication, the Minister of Higher Education and the Minister of State
A N N E X E
STATUS OF PUBLIC
SCIENTIFIC COOPERATION "UNIVERSITY PARIS-EST"
Chapter I
General provisions
Article 1
Paris-Est University is a public institution for scientific cooperation governed by, inter alia, articles L. 344-1 and L. 344-4 to L. 344-10 of the search code and these statutes. Its seat is set at Champs-sur-Marne (Seine-et-Marne). The board of directors of the Paris-Est University may decide to transfer its seat to any other place.
At the time of approval of its statutes, the establishment includes the following founding members and associate members, classified in the order of their membership:
As founding members:
– Marne-la-Vallée University;
the National School of Bridges and Roadways;
Paris-XII University;
- the French Institute of Transport, Development and Network Science and Technology;
– the School of Engineers of the Chamber of Commerce and Industry of Paris (ESIEE Paris);
the National Veterinary School of Alfort;
the National Centre for Scientific Research;
the National Institute of Health and Medical Research.
Associate members:
the Scientific and Technical Centre of the Building;
― the Upper National School of Architecture of the City and Territories in Marne-la-Vallée;
– the Advancity competitiveness cluster;
the National Institute of Audiovisual Affairs;
• The School of Engineers of the City of Paris;
― the Ecole nationale supérieure d'architecture de Paris Belleville;
― the Ecole nationale supérieure d'architecture de Paris Malaquais ;
- the Special School of Public Works, Building and Industry;
the National Institute of Geographical and Forest Information;
- the National Health Security Agency, Food, Environment and Labour.
Article 2
The establishment has the following tasks:
― the animation of the college of doctoral schools and the management of doctoral schools for which it is authorized;
― the distribution among its doctoral schools of research allocations to institutions;
- the issuance of institutional diplomas, national or international;
― the implementation of training or the labelling of training provided by its members;
― the follow-up to the professional insertion of doctoral students;
– the international promotion of the Paris-Est University;
– the signature of scientific production from the staff of its founding members and those of its associate members with respect to the projects carried out within the framework of the public scientific cooperation institution, under the name "Paris-Est University";
― the valorization of shared research activities;
- the management of common equipment;
– the development of cultural, sports and social activities; and, more generally, the implementation of projects common to all or part of its members in areas falling within their missions.
Article 3
For the performance of his missions, the establishment:
1° Assure, by means of a convention, of services in an expensive capacity, the filing and operation of trademarks, patents and models, the granting of licences and the direct or indirect marketing of the products of its activities;
2° Produces the publishing and marketing of scientific or technical books and periodicals, creates and operates data banks;
3° Provides services and facilities for the creation and development of businesses within the framework of thearticle L. 321-5 of the search code ;
4° Takes participations and creates subsidiaries entering the fields of activities of its members under the conditions fixed by the articles 58 to 63 of Decree No. 2008-618 of 27 June 2008 relating to the budget and financial regime of public institutions of a scientific, cultural and professional character with expanded responsibilities and competence and within its resources;
5° Appeals to arbitration in cases of disputes arising from the execution of contracts with foreign agencies and transigests within the meaning ofArticle 2045 of the Civil Code ;
6° Creates and manages equipment or services common to several educational or research institutions, acquires and manages buildings;
7° Granting scholarships and loans to his students and gratifications of internships.
Chapter II
Administrative Organization
Article 4
The establishment is headed by a president and administered by a board of directors, assisted by an international scientific advisory committee, a strategic direction council and an academic senate.
It includes a doctoral studies department. It is organized in thematic clusters in accordance with the rules of procedure.
Article 5
The Chair shall be elected by the Board of Directors within the Board for a three-year term, subject to the conditions set out in section 11. When he is a university professor, he can hold his term until the thirty-one August following his sixty-eighth birthday.
The Chair chairs an executive committee that is responsible for implementing the strategic directions of the institution. This committee is composed of the chairs or directors of the founding institutions or their appointed representatives.
Article 6
The President shall be assisted by a Vice-President elected on his proposal by the Board of Directors and employees whose list and powers are set by the rules of procedure. It provides direction to the establishment as part of the guidance defined by the Board of Directors.
As such:
1° It prepares the deliberations of the board of directors that it presides and ensures its execution;
2° It represents the establishment in justice and in all acts of civil life;
3° He prepares the budget and executes it;
4° It reports annually to the Board of Directors on the execution of decisions and its management;
5° It submits the establishment's rules of procedure to the approval of the board of directors and ensures its implementation;
6° He has authority over all personnel of the establishment and appoints to all the internal functions of the establishment for which no other authority has received the power of appointment;
7° He is an orderer of income and expenditure;
8° It is responsible for the proper functioning of the establishment, respect for order and security;
9° It signs contracts, conventions and transactions authorized by the Board of Directors.
He may delegate his signature to the Vice-President, the Director of the Doctoral Studies Department and his colleagues mentioned in the first paragraph, within the limits and conditions determined by the Board of Directors.
In the event of a vacancy or incapacity, the Vice-Chair shall perform its functions under conditions determined by the Board of Directors.
Article 7
The Board of Directors includes:
1° Fourteen representatives of the founding members as follows:
– the director of the National School of Bridges and Roadways and two representatives appointed on his proposal by his board of directors;
– the president of the Paris-XII University and two representatives appointed on his proposal by his board of directors;
– the president of the University of Marne-la-Vallée and two representatives appointed on his proposal by his board of directors;
― the Director General of the French Institute of Transport Science and Technology, Planning and Networks;
– the director of the Alfort National Veterinary School;
– the director of EESIEE Paris;
– the President of the National Centre for Scientific Research or its representative;
– the president of the National Institute of Health and Medical Research or his representative;
2° Three qualified personalities agreed by the founding members;
3° Companies, territorial authorities, associations and other associate members:
four representatives of companies or associations;
– the president of the Ile-de-France Regional Council or his representative;
four representatives of associate members within the meaning ofarticle L. 344-7 of the search code ;
4° Four representatives of teachers-researchers, teachers and researchers or assimilators who perform their functions within the institution;
5° A representative of library staff, engineers, administrative, technical, workers, social and health personnel performing their functions within the institution;
6° Two student representatives following their training at the institution.
The terms and conditions for the designation of directors referred to in 4°, 5° and 6° of this article shall be determined by the rules of procedure.
The academy rector, a chancellor of universities, and the secretary general of the ministry responsible for sustainable development or their representatives attend the board of directors.
Article 8
The mandate of the members mentioned in 2°, 3°, 4°, 5° and 6° of Article 7 above shall be three years.
The members mentioned in 4°, 5° and 6° of Article 7 above shall be elected under the conditions fixed by deliberation of the board of directors.
Any change in the number of founding or associate members implies the renewal of board members.
Article 9
The board of directors rules by its deliberations the business of the institution. In this capacity, it deliberates, inter alia, on:
1° The general directions of the establishment;
2° The offer of training and diplomas;
3° The budget of the establishment and its amendments, the financial account and the allocation of results;
4° The general organization and operation of the establishment, including the creation and suppression of departments and services;
5° The establishment's rules of procedure;
6° The general terms and conditions of employment of the staff of the establishment, including contractual agents;
7° Legal actions and transactions as well as recourse to arbitration in cases of disputes arising from the execution of contracts with foreign agencies;
8° Acceptance of gifts and bequests;
9° Acquisitions, alienations and exchanges of buildings;
10° leases and rentals of buildings;
11° conditions for students and listeners;
12° The conditions for granting loans, scholarships and internship grants to his students;
13° Contracts and conventions;
14° Participation and creation of subsidiaries;
15° Tuition regulations;
16° Membership of new members, founders or associates, and the setting of the conditions of these memberships;
17° Exclusion of a member;
18° Disposal of movable property.
Within the limits it defines, the board of directors may delegate some of its powers to the president, with the exception of those mentioned in 1°, 2°, 3°, 4°, 5°, 6°, 8°, 9°, 14°, 15°, 16°, 17° and 18° above.
The Chair may also receive delegation to make the budget changes:
- that are not intended to increase expenditures or transfers of credit between the operating, personnel and investment chapters; or
―that are intended to allow the execution of conventions, in accordance with the overall balance.
At the first meeting of the Council, the Committee reports on the decisions taken in the context of those delegations.
As part of its competence and on the proposal of its Chair, the Board may establish all committees, from which it designates the members and defines the missions.
Article 10
The Board of Directors may propose to the Minister for Higher Education and Research any changes to these Regulations.
Article 11
The Board of Directors meets at least three times a year on the convocation of its Chair, which sets out its agenda. It is also convened at the request of a third of its members on a specific agenda.
When the Chair cannot preside over a session, the Board shall be chaired by the Vice-Chair. If not, the election of a sitting chair shall be made by a majority of the members present or represented.
Members of the board of directors may give power to another member of the board. No one can carry more than one proxy.
The board shall be validly deliberated if the majority of the members in exercise are present or represented. If the quorum is not reached at the opening of the session, the board will be reconvened on the same agenda within eight days. It then deliberates validly whatever the number of members present or represented.
The decisions of the board of directors are enforceable without delay in accordance with the regulations in force.
The deliberations are taken by a majority of the members present or represented.
However, the following decisions are made unanimously by the founding members:
1° The accession of new members and the setting of the conditions of these accessions;
2° The exclusion of a member, that member who does not participate in the vote concerning him.
The accounting officer and any person whose president wishes to collect the notice shall attend the advisory sessions with an advisory voice.
Article 12
The International Scientific Advisory Committee includes the Director of the Doctoral Studies Department, the directors of doctoral schools, scientific officials involved in the programs of the institution and external personalities, particularly foreign, whose expertise is recognized in the areas of intervention of the institution.
He is appointed to an office that prepares his work, and in particular to delegate the instruction of individual files.
The modalities for the organization and operation of the international scientific advisory committee and its bureau are defined by the rules of procedure.
Article 13
The strategic direction council consists of external personalities, including European scientists, economic figures and representatives of local authorities.
The composition and modalities for the operation and designation of its members are defined by the rules of procedure of the establishment.
Article 14
The academic senate consists of representatives of staff serving on boards of directors, scientific councils or their equivalents, and boards of studies and student life or their equivalents of founding and associate institutions. Doctoral representatives at the doctoral school boards attend the academic senate.
Academic Senate has an advisory role; it discusses the policies led by the PRES in the fields of competence that the institutions delegate to it. He's helping them out.
The modalities for the organization and operation of the academic senate are set by the rules of procedure.
Article 15
Members of the boards provided for in articles 7,12,13 and 14 shall exercise their functions free of charge. However, their travel and living expenses may be reimbursed under the conditions prescribed by the regulations in force.
Chapter III
Financial provisions
Article 16
The establishment is subject to the financial and accounting regime defined by the Decree No. 53-1227 of 10 December 1953 modified for accounting regulations applicable to national public institutions, Articles 151 to 189 of Decree No. 62-1587 of 29 December 1962 amended by-law on public accounting as well as the a posteriori financial control provided for in Article L. 719-9 of the Education Code.
Article 17
The accounting officer of one of the member establishments shall serve as an accounting officer of the establishment. He is appointed by joint decree of ministers responsible for higher education and budget.
Article 18
Revenue from the establishment includes:
1° Contributions of all nature of its founding and associate members;
2° Grants paid by the State and territorial authorities;
3° tuition fees and registration fees;
4° Learning Tax products;
5° The product of participation in continuing vocational training;
6° Resources obtained for participation in national or international research programmes;
7° The product of research or research valuation contracts;
8° Products of patents and licences;
9° Compensation for services rendered;
10° Donations and bequests;
11° The product of alienations;
12° The proceeds of participation and, in general, any other income authorized by the laws and regulations in force.
Article 19
The expenses of the establishment include the personal expenses of the establishment, the equipment and operating expenses and, in general, all the expenses required for the activity of the establishment.
Rule 20
Advances and receipts may be created from the establishment under the conditions prescribed by the Decree No. 92-681 of 20 July 1992 modified for revenue-based authorities and public bodies' advances.
Chapter IV
Transitional provisions
Article 21
Directors and members of the Scientific Council in office at the time of the issuance of the Order-in-Council approving the amendments to these Regulations shall remain members of the Board of Directors and the International Scientific Advisory Committee, respectively, until the appointment of the new members of these bodies, within two months of the publication.
Done on 13 April 2012.
François Fillon
By the Prime Minister, Minister of Ecology,
sustainable development, transport and housing:
Minister of Higher Education
and research,
Laurent Wauquiez
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 Culture
and communication,
Frédéric Mitterrand
Secretary of State
to the Minister of Labour,
employment and health,
Health Officer
Nora Berra
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
