Key Benefits:
Publics concerned: users and staff of the public scientific cooperation institution "European University of Brittany".
Subject: approval of the amendment of the statutes of the public institution of scientific cooperation "European University of Brittany".
Entry into force: the text comes into force on the day after its publication.
Notice: the decree approves the amendment of the statutes of this public scientific cooperation institution in order to allow it to take part and create subsidiaries in the fields of activities of its members. As part of its mission, the institution is also entrusted with the piloting and implementation of the promising campus project of Brittany.
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 le Decree No. 2007-381 of 21 March 2007 establishing the public scientific cooperation institution "European University of Brittany";
Considering the statutes of the European University of Brittany, including Article 15;
Considering the deliberation of the board of directors of the European University of Brittany of 28 March and 27 June 2011,
Decrete:
The amended statutes of the public scientific cooperation institution "European University of Brittany" 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 Budget, Public Accounts and State Reform, spokesman for the Government, the Minister of Agriculture, Food, Fisheries, Rurality and Land Management, the Minister of Higher Education and Research and the Minister to the Minister of Economy, Finance and Industry, who is responsible for the publication of the decree,
A N N E X E
STATUS OF PUBLIC COOPERATION
SCIENTIFIC « EUROPEAN UNIVERSITY OF BRETAGNE »
Chapter I
General provisions
Article 1
The European University of Brittany is a public institution for scientific cooperation governed by the articles L. 344-1 and L. 344-4 to L. 344-10 of the search code and these statutes.
Article 2
The establishment is responsible for conducting projects of common interest to the members who make up it and who decide to transfer all or part of their activities and means. Its seat is fixed in Rennes.
It may be transferred to any other place by decision of the board of directors.
Article 3
The establishment includes founding members and associate members, according to their commitments in the activities of the European University of Brittany.
Article 4
At the time of its creation, the establishment includes the following founding members:
- Brest University;
- University of South Brittany;
• Rennes-I University;
• Rennes-II University;
- West Agrocampus;
― Institut national des sciences applied de Rennes ;
― Télécom Institute (Télécom Bretagne) ;
― Cachan College (British antenna);
― Ecole nationale supérieure de chemistry de Rennes.
Article 5
The associate members are bound by a convention that determines their commitments, according to the projects to which they wish to participate.
Article 6
The establishment has the following tasks:
1° The joint signature of scientific production carried out by the members of the establishment; in consultation with national research organizations, shared diagnostics, design and contribution to a regional strategic action plan for research, monitoring and evaluation, carrying out research network projects and coordinating joint research;
2° The engineering of research valorization and a commitment to shared tools and networks for valorization;
3° Support for the development of research and higher education support platforms;
4° Coordination of the activities of doctoral schools; the creation of an international doctoral college with a joint management of the doctorates prepared in the doctoral schools of the members and delivered to the seal of the European University of Brittany by the authorized institutions; monitoring the professional insertion of doctors;
5° Enrolment activities in the European Area of Higher Education and Research, including the international promotion of the institution's activities and the contribution to the activities of the European Society of Information for Research and Higher Education;
6° The piloting and implementation of the promising campus project in Brittany, the establishment and management of shared equipment, services and benefits of mutual interest between the founding and associated members by ensuring a uniform quality of service to all members, the negotiation, conclusion and follow-up, for real estate and digital components, of contract, including public-private partnership.
More generally, the establishment is designed to ensure the implementation of projects that are common to all or part of its members in areas falling within their missions.
Missions are subject to a decline in activities or projects in the multi-year program of the institution. They exercise in respect of the autonomy of the member institutions.
In carrying out its missions, the establishment may take participations and create subsidiaries entering the fields of its members' activities 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 competencies and within its resources.
Chapter II
Administrative Organization
Article 7
The facility is headed by a president. It is administered by a board of directors, assisted by a scientific council and a strategic guidance board.
Article 8
The establishment includes services whose composition is fixed by the rules of procedure. A Director administers the services. It is chosen by the President, after agreement of the Board of Directors.
Article 9
The Chair shall be elected by the Board of Directors within the Chair for a three-year term renewable once, under the conditions set out in the seventh paragraph of Article 16 below.
The Chair is assisted by Vice-Chairs who are elected on the proposal of the Chair by the Board of Directors. The term of office of the Vice-Presidents is three years renewable once.
The term of office of the Vice-Presidents ends with that of the President.
The Chairperson and the Vice-Chairpersons shall be assisted by an office whose composition and functions are determined by the rules of procedure.
Article 10
The Chair is responsible for the management of the establishment as part of the guidance provided by the Board of Directors. As such:
1° It prepares and executes the deliberations of the board of directors that it chairs;
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 to the Board of Directors on the execution of decisions and its management;
5° He is an orderer of income and expenditure;
6° He concludes contracts and conventions;
7° It submits the establishment's rules of procedure to the approval of the board of directors and ensures its implementation; it proposes modifications;
8° He organizes the designations to the board of directors;
9° It shall appoint, after notice of the board of directors, all the functions of responsibility of the establishment listed in the rules of procedure and for which no other authority has received the power of appointment;
10° He has authority over the personnel in office in the institution;
11° He is responsible for the proper operation of the establishment, respect for order and security in the premises and premises assigned to the establishment;
12° It signs contracts, conventions and transactions authorized by the Board of Directors.
It may delegate its signature to the Vice-Presidents and the Director of Services within the limits and conditions determined by the Board of Directors.
In the event of temporary incapacity, its functions are performed by one of the Vice-Presidents under conditions determined by the Board of Directors.
Article 11
The Board of Directors includes:
1° At least nineteen seats in the title of the founding members, including six representatives of the University Rennes-I, three representatives of the University of Western Brittany, three representatives of the University Rennes-II, two representatives of the University of South Brittany, a representative of the National Institute of Higher Education and Agri-Food Research of Rennes, a representative of the National Institute of Applied Sciences of Rennes, a representative of the Institut Normalecom
2° A qualified personality designated by a majority of the votes of the founding members, on the proposal of the president;
3° A maximum of nine representatives of associate members, of whom:
(a) A representative of companies;
(b) A representative of the Brittany region;
(c) A representative of university hospital centres and the Regional Centre for Cancer Control;
(d) Two representatives of associated research organizations;
(e) Four representatives of higher education institutions associated with the European University of Brittany;
4° A representative of professors and researchers in the European University of Brittany;
5° A representative of other staff performing their duties within the institution;
6° A representative of students enrolled in doctoral schools.
The rules of procedure determine the composition of the board of directors, in accordance with last paragraph of Article L. 344-7 of the Research Code.
The academy rector, chancellor of universities, attends or is represented in the board of directors.
Article 12
Founding members designate their representatives.
The associate members referred to in 3° of Article 11 above shall designate their representatives under conditions determined by the board of directors.
The term of office of the Board of Directors is three years. It may be renewed once provided that the interested person retains the quality for which he was designated a member.
Any change in the number of founding or associate members implies the renewal of board members.
When a member of the board of directors loses the quality for which he or she has been appointed or when his or her seat becomes vacant as a result of resignation or death, the member shall be replaced for the remaining term of office. The establishment's rules of procedure provide the conditions for the replacement.
Article 13
The Scientific Council includes scientific officials from founding or associate members, associated research organizations and the institution. He is requested for advice by the Chairman of the Board of Directors.
The strategic direction council consists of external personalities, scientists, particularly Europeans, economic figures, representatives of local authorities. He is regularly requested for advice by the Chair of the Board of Directors, including on matters related to the management and evaluation of research.
The composition of these councils, their modalities of operation and designation of their members are defined in the rules of procedure.
Article 14
Members of the various boards and bodies exercise their functions free of charge. However, their travel and living expenses may be reimbursed under the conditions prescribed by the regulations in force.
Article 15
The board of directors rules by its deliberations the business of the institution. It deliberates in particular on:
1° The general directions of the establishment, including the multi-year programme of projects implemented;
2° The President's annual report on the activity and administrative and financial functioning of the institution;
3° The general organization and operation of the facility, including the creation and suppression of services;
4° The school rules;
5° The budget and its amendments, the financial account and the allocation of results;
6° The establishment's rules of procedure;
7° The general terms and conditions of employment of the staff of the establishment, including contractual agents;
8° Acquisitions, alienations and exchanges of buildings;
9° leases and rentals of buildings;
10° The alienation of movable property;
11° The loans;
12° Acceptance of gifts and bequests;
13° Participation in organizations with moral personality;
14° Contracts and conventions, including conventions with associate members;
15° Legal actions and transactions as well as recourse to arbitration in cases of disputes arising from the execution of contracts with foreign agencies;
16° The transfer of the seat;
17° Membership of new founding or associate members;
18° Exclusion of a member;
19° Participation and creation of subsidiaries.
The Board of Directors also issues a notice on the designation of the holders of the responsibility of the establishment listed in the rules of procedure. It also provides an opinion on the designation of members of the Scientific Council and the Strategic Guidance Board.
Within the limits it determines, the board of directors may delegate some of its powers to the president, excluding those mentioned in 1°, 2°, 3°, 4°, 5°, 6°, 8°, 11°, 12°, 16°, 17°, 18° and 19° above.
In addition, the Chairperson may 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 Chairperson reported on the decisions taken in the various delegations.
As part of its competence, the Board may establish any relevant commissions to which it designates members and defines missions.
The Board of Directors may propose to the Minister for Higher Education and Research any changes to these Regulations.
Article 16
The Board of Directors meets at least three times a year on the convocation of its President who 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 one of the Vice-Chairs designated by the Chair. If not, the election of a sitting chair shall be made by a majority of the members present or represented.
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.
Each member has a voice on the board of directors.
Members of the board of directors may give a power of attorney to another member of the board. Each member of the board can only carry one proxy.
The decisions of the board of directors are enforceable without delay.
The deliberations under 3°, 6° and 16° of Article 15 and the election of the President and Vice-Presidents shall be taken by a two-thirds majority of the members present and represented.
The following decisions are taken 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.
Other deliberations are taken by a simple majority of members present and represented.
The Accountant Officer, the Director of Services and any person whose President wishes to collect the notice shall attend the advisory sessions.
Chapter III
Financial provisions
Article 17
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 18
The accounting officer is appointed by joint order of the ministers responsible for higher education and budget.
Article 19
Revenue from the establishment includes:
1° Contributions of any kind made by founding or associate members;
2° Grants paid by the State to the establishment in a multi-year contract or in the framework of contracts binding on member institutions;
3° Subsidies from local authorities and other public institutions;
4° Donations and bequests;
5° Resources obtained for the establishment's participation in national or international research programs;
6° Generally, any other income authorized by the laws and regulations in force.
Rule 20
The expenses of the establishment include the establishment's own personnel costs, the equipment and operating expenses and, in general, all expenses required for the activity of the establishment.
Article 21
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 governed by advances from public bodies.
Chapter IV
Transitional provisions
Article 22
By derogation from Article 9 above, the representatives of the founding members elect a president who shall take all necessary measures for the operation of the establishment until the final constitution of the board of directors provided for in Article 11.
Article 23
By derogation from Article 15, the first primitive budget of the institution is decided by the founding members, on the proposal of the President elected under the conditions provided for in Article 22.
Article 24
Until the first election of the members mentioned in 4°, 5°, 6° of Article 11, the board of directors shall sit validly with the only members mentioned in 1°, 2° and 3° of this article and shall adopt within four months the rules of procedure. Pursuant to these rules of procedure, the President elected under the conditions provided for in Article 22 shall organize the elections of the members mentioned in the 4th, 5th and 6th of Article 11, within a maximum period of six months from the adoption of the rules of procedure.
The elected members mentioned in the 4th, 5th and 6th of Article 11 shall sit as soon as they are elected; their term ends on the same date as that of the members mentioned in the 2nd and 3rd of the same article.
Done on 27 April 2012.
François Fillon
By the Prime Minister:
Minister of Higher Education
and research,
Laurent Wauquiez
Minister of Economy,
finance and industry,
François Baroin
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
Minister of Agriculture, Food,
Fisheries, Rural
and landscaping,
Bruno Le Maire
Minister to the Minister of Economy,
finance and industry,
responsible for the industry,
energy and the digital economy,
Eric Besson
