Decree No. 2012-1123 Of 3 October 2012 On Publication Of The Additional Protocol To The Cooperation Agreement In The Field Of Higher Education And Scientific Research Of 13 January 2008 Between The Government Of The Republic F ...

Original Language Title: Décret n° 2012-1123 du 3 octobre 2012 portant publication du protocole additionnel à l'accord de coopération dans le domaine de l'enseignement supérieur et de la recherche scientifique du 13 janvier 2008 entre le Gouvernement de la République f...

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Summary

Implementation of Articles 52 to 55 of the Constitution. Keywords


FOREIGN AFFAIRS, INTERNATIONAL AGREEMENT
, BILATERAL
, FRANCE
, SAUDI ARABIA
, HIGHER EDUCATION
, SCIENTIFIC RESEARCH
, ADDITIONAL PROTOCOL
,
AGREEMENT COOPERATION
DOCTOR, SPECIALIST SAUDI
, FRANCE TRAINING
,
LANGUAGE TRAINING, STUDY MEDICINE
, INTERGOVERNMENTAL AGREEMENT
French Official Gazette No. 0232 of October 5, 2012 page 15578

text # 1

Decree No. 2012-1123 of 3 October 2012 on publication of the additional protocol to the cooperation agreement in the field of higher education and scientific research of 13 January 2008 between the Government of the French Republic and the government of the Kingdom of Saudi Arabia on training in France Saudi doctors specialists, signed in Riyadh October 9, 2011 (1) NOR
:
MAEJ1234545D ELI: https://www.legifrance.gouv.fr / eli / decree / 2012/10/3 / MAEJ1234545D / jo / text
AKA: https://www.legifrance.gouv.fr/eli/decret/2012/10/3/2012-1123/jo/texte


The President of the Republic,
On the report of the Prime Minister and the Foreign Minister,
Considering the Constitution, particularly Articles 52 to 55;
Considering Decree No. 53-192 of March 14, 1953 as amended relating to the ratification and publication of international commitments made by France;
Considering Decree No. 65-135 of 18 February 1965 on the publication of the Agreement on cultural and technical cooperation between France and Saudi Arabia July 7, 1963
Decrees:




Article 1 The Additional Protocol to the Cooperation Agreement in the field of Higher Education and Scientific Research of 13 January 2008 between the Government of the French Republic and the Government of the Kingdom of Saudi Arabia on training in France of Saudi specialists, signed in Riyadh October 9, 2011, will be published in the Official Journal of the French Republic.

Article 2

The Prime Minister and the Foreign Minister are responsible, each in regards to the execution of this decree, which will be published in the Official Journal of the French Republic.



PROTOCOLEADDITIONNEL TO THE AGREEMENT ON COOPERATION IN HIGHER EDUCATION AND SCIENTIFIC RESEARCH OF 13 JANUARY 2008, BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE KINGDOM OF SAUDI ARABIA FOR TRAINING SPECIALISTS IN FRANCE SAUDI
The Government of the French Republic,
and
The Kingdom of Saudi Arabia, hereinafter referred to as "the Parties";
Considering the agreement for Cultural and Technical Cooperation signed in Jeddah July 7, 1963;
Considering the cooperation agreement in the field of higher education and scientific research, signed in Riyadh on 13 January 2008,
Agree as follows: Article 1


Selection Process The Saudi side to present the French part of physicians authorized to practice medicine in Saudi Arabia and eager to come to specialize in France. It can also present already doctors and specialists already wishing to improve.
The total number of Saudi doctors allowed to enroll in the preparation of specialized diploma (DES) or diploma of complementary specialized studies (DESC) is fifty per year.
The Saudi side allows assessment of the medical level and skills of candidates nominated by teachers or French experts designated by the competent French departments.
The Saudi side ratifies the final selection made by a French-Saudi joint committee, to parity of the parties. This joint committee has a maximum of six people, including two teachers or experts in medicine, duly authorized each year by each of the competent French departments for the implementation of this Agreement. Article 2


Financial Provisions The financial arrangements are subject to an annual budget document previously submitted by the French side to the approval of the Saudi side.
The Saudi side will bear all costs associated with this cooperation. The payments made by the French side (monthly basic remuneration, statutory benefits, insurance, ...) being advanced by the Saudi side at least one week before the end of the month preceding the commitment of appropriations. Article 3

Language Training

The Saudi side will bear the training to the French language, essential to follow studies in France and communicate with patients. After language training that will be in Saudi Arabia and / or in France, candidates will undergo a test that will show if they have acquired a level compatible with the French training and education they intend to pursue. Taking functions in health institutions by November of each year, the linguistic preparation should be completed by that date. Candidates must be able to demonstrate a level of mastery of the French language at least equivalent to the B2 level defined by the Common European Framework of Reference for Languages. An insufficient level of French will be an insurmountable obstacle to integration in a French health facility. In accordance with Decree No. 2002-654 of 30 April 2002, which provides that French universities can, as part of their mission of international cooperation, offer specifically tailored training, a language upgrading will be provided to all physicians have chosen to improve their language level in France. This educational support is a service that is not within the academic training, he will, under this decree, subject to billing by the institution to the Saudi side.

Article 4 Practical arrangements
The French side welcome, based on availability in the requested specialties, fifty Saudi doctors per year for a period corresponding to the duration of the required training. The number of Saudis to train practitioners is indeed set each year taking into account the training capacity of French hospitals. In this context, they can enroll in the preparation of specialized diploma (DES) or diploma of complementary specialized studies (DESC). Saudi doctors will be trained under the same conditions and will face the same obligations as their French colleagues internally.
The French side sets up evaluation by teachers of French medical level and skills of the candidates.
Coordinators DES / DESC to specify the Saudi doctors training courses corresponding to the model of DES or DESC selected. They provide tutoring physicians, throughout the training.
The French party seeks to host universities to ensure control of knowledge at the end of the training, including the drafting of a brief presented to a jury.
The French side, provided that the Saudi doctors meet all the academic evaluation criteria and practices, as stipulated by the French Education Code, delivers to the end of the training the specialized studies (DES) or the diploma of complementary specialized studies (DESC).
The French side offers for selected Saudi doctors, student positions by internal function in approved training services for internal, on condition of payment by the Saudi side, euro for euro, the compensation, including expenses, to the establishment concerned, and in connection with their university registration, according to French regulations.
The parties shall inform each other of changes in their legislation.
In specialties for which validation ESCR requires the completion of a year of hospital functions under the Decree of 22 September 2004 establishing the list and the regulation of complementary specialized degrees, the French side offers positions attached full-time practitioners. These positions can be occupied after obtaining a temporary derogation authorization to practice medicine issued by the Minister for Health. This request must be made well in advance by the coordinator of the specialty on behalf of the Saudi doctor concerned. It is issued for a maximum period of one year.
Positions attached full-time practitioners are available for Saudi doctors on condition of payment by the Saudi side, euro for euro, the remuneration, including expenses, to the establishment concerned, and in connection with their university registration, according to French regulations.

The French side provides, at the end of training, a document proving that the Saudi doctor has occupied for the duration of his specialized training, functions student making internal function, similar to those of an internal french and, where appropriate, a document showing the fulfillment of duties as attached full-time dentist.
The two sides set up a monitoring committee at national level, which will be responsible for reporting the implementation of this Agreement and to seek appropriate solutions in case of difficulties in its implementation.
To this end, the Kingdom of Saudi Arabia on the one hand, and the two French ministries competent for the implementation of the agreement, on the other hand, designate two individuals composing this committee.
Both sides encourage the development of Franco-Saudi inter-hospital partnerships.
The Saudi side in his country recognizes the quality of specialist corresponding to the training received in France.
The Saudi side does not favor the continued stay and employment in France Saudi doctors specialists at the end of their specialized training, the French legislation does not enable holders of a single DES / DESC, non-nationals of a state of the European Union, to practice medicine in France. Article 5 Responsibilities


During their training time in French hospitals, Saudi practitioners recruited as a student by internal function or attached full-time practitioner must comply with applicable regulations, including the rules of the establishment within which they operate.
The French health institution that is responsible to supervise and train these practitioners assume, for care, all obligations in terms of responsibilities and insurance. Article 6


Duration and Termination This Agreement is concluded for a period of two years. It is renewable by tacit agreement for a maximum of five years.
This Agreement may be terminated by either party at any time without prejudice to ongoing training programs.

Article 7 Amicable Settlement of Disputes
Any dispute concerning the interpretation or execution of this Agreement shall be settled by negotiation between the parties.

Article 8 Entry into force
Each party shall notify the other the completion of the constitutional procedures in the for the entry into force of this agreement, which takes effect on the first day of the second month following the date of receipt of the second notification.
Made in Riyadh, October 9, 2011, in duplicate, in the French and Arabic languages, both texts being equally authentic.


Did on 3 October 2012. Francois Hollande

By the President of the Republic:
Prime Minister Jean-Marc Ayrault

The Foreign Minister, Laurent Fabius


For the Government of the French Republic: | Bertrand Besancenot ||

Ambassador of France to Saudi Arabia

for the Government of the Kingdom of Saudi Arabia:
Sayf Al Ahmed, Deputy Minister
of
higher education
(1) This Additional Protocol entered into force on 1 September 2012.

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