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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

BUSINESS , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , SAUDI ARABIA , SUPERIOR , SCIENTIFIC RESEARCH , ADDITIONAL PROTOCOL , COOPERATION AGREEMENT , MEDECIN , SAOUDIEN SPECIALIST , FORMATION IN FRANCE


JORF n°0232 of 5 October 2012 page 15578
text No. 1



Decree No. 2012-1123 of 3 October 2012 on the 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 the training in France of Saudi specialists, signed in Riyadh on 9 October 2011 (1)

NOR: MAEJ12345D ELI: https://www.legifrance.gouv.fr/eli/decret/2012/10/3/MAEJ12345D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2012/10/3/2012-1123/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 65-135 of 18 February 1965 publishing the agreement on cultural and technical cooperation between France and Saudi Arabia of 7 July 1963,
Decrete:

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 the training in France of Saudi specialists, signed in Riyadh on 9 October 2011, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.



P R O T O C O L E D D I T I O N E L


TO THE ACCORD OF COOPERATION IN THE FIELD OF ASSESSMENT AND THE SCIENTIFIC RESEARCH OF 13 JANUARY 2008 TO THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND THE GOVERNMENT OF SAUDI ARABY ASSISTANCE IN FRANCE
The Government of the French Republic,
and
The Government of the Kingdom of Saudi Arabia, below referred to as "the parties";
Considering the agreement of cultural and technical cooperation, signed in Djeddah on 7 July 1963;
Considering the cooperation agreement in the field of higher education and scientific research, signed at Riyadh on 13 January 2008,
Convince of the following:


Article 1
Selection process


The Saudi part presents to the French part of the doctors who have the permission to practise medicine in Saudi Arabia and want to come to specialize in France. It can also present specialists who wish to improve.
The total number of Saudi physicians authorized to register for the preparation of the specialized degree (DES) or the complementary specialized degree (DESC) is fifty per year.
The Saudi part allows the evaluation of the medical level and skills of candidates nominated by French teachers or experts appointed by the relevant French ministries.
The Saudi side endorses the final selection made by a Franco-Sudanese joint committee composed, in parity, of the parties. The joint committee shall comprise not more than six persons, including two medical experts or teachers, duly appointed each year by each of the relevant French ministries for the implementation of this Agreement.


Article 2
Financial provisions


The financial provisions are the subject of an annual budget document submitted by the French party for approval by the Saudi side.
The Saudi side is responsible for all costs associated with this cooperation. Payments made by the French party (monthly lump sum payments, statutory allowances, insurance, etc.) are advanced by the Saudi side at least one week before the end of the month prior to the appropriation.


Article 3
Language training


The Saudi side is responsible for training in the French language, which is essential for monitoring studies in France and communicating with the sick. At the end of the language training in Saudi Arabia and/or France, candidates will undergo a review that will indicate whether they have acquired a level of French compatible with the theoretical and practical training they intend to follow. The taking of functions in health facilities in November of each year, language preparation must be completed by that date. Applicants must be able to attest to a level of French language proficiency at least equivalent to level B2 defined by the common European language framework. An inadequate level of French will be a damaging obstacle to integration into 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 international cooperation mission, offer specially adapted trainings, a linguistic upgrade can be ensured for all doctors who have chosen to perfect their language level in France. This pedagogical support constituting a service that does not enter the academic training, it will, pursuant to this decree, be subject to a billing by the institution to the Saudi part.


Article 4
Practical modalities


The French part, depending on the availability in the requested specialities, accommodates fifty Saudi doctors per year, for a duration corresponding to the duration of the desired training. The number of Saudi practitioners to be trained is set annually taking into account the training capacity of French hospital services. In this context, they can enrol in the preparation of the specialized degree (DES) or the complementary specialized degree (DESC). Saudi doctors will follow their training in the same conditions and will face the same obligations as their French internal colleagues.
The French side puts in place the evaluation by French teachers of the medical level and the skills of the candidates.
The DES/DESC coordinators specify the training curriculum for Saudi physicians that correspond to the selected DES or DESC model. They provide a tutoring of doctors throughout the training.
The French party asks the host universities to ensure the control of the knowledge after the training, notably by writing a brief presented before a jury.
The French side, provided that Saudi physicians meet all the academic and practical evaluation criteria in force, as stipulated in the French Education Code, issue the diploma of specialized studies (DESC) or the diploma of complementary specialized studies (DESC).
The French part provides, for the selected Saudi physicians, positions of students acting as interns in the services approved for the training of internals, provided that a payment by the Saudi part, euro for euro, of the remuneration, expenses included, to the institution concerned and in connection with their university registration, according to French regulations.
The parties are mutually reinforcing the evolution of their legislation.
In the specialties for which the validation of the DESC requires the completion of a year of hospital functions pursuant to the order of September 22, 2004 setting the list and regulation of the complementary specialized diplomas, the French part makes available the positions of fully-time practitioners. These positions may be occupied after obtaining a temporary derogatory authorization to exercise medicine issued by the Minister for Health. This application must be addressed sufficiently in advance by the Speciality Coordinator on behalf of the Saudi physician. It is issued for a maximum of one year.
Full-time practitioner positions are made available to Saudi physicians on condition of payment by the Saudi part, euro for euro, of the remuneration, expenses included, to the institution concerned and in connection with their university registration, according to French regulations.
The French part provides, at the end of the training, a document proving that the Saudi physician has occupied, for the duration of his specialized training, functions of a student acting as an intern, similar to those of a French intern, and, where applicable, a document justifying the performance of duties as a full-time practitioner.
Both parties establish a follow-up committee at the national level to report on the implementation of this Agreement and to seek solutions in the event of difficulties in its implementation.
To this end, the Kingdom of Saudi Arabia, on the one hand, and the two competent French ministries for the implementation of the agreement, on the other hand, will designate two personalities composed of this committee.
Both parties encourage the development of Franco-Saudi interhospital partnerships.
The Saudi part recognizes in its country the quality of a specialist for training received in France.
The Saudi part does not promote the continuation of the stay and the employment in France of Saudi specialists after their specialized training, the French legislation in force does not allow the holders of the only DES/DESC, non-nationals of a State of the European Union, to practise medicine in France.


Article 5
Responsibilities


During their training time in French health establishments, Saudi practitioners recruited as a student acting as a full-time internee or practitioner are required to comply with applicable regulations, including the rules of procedure of the institution within which they operate.
The French health care institution, which is responsible for mentoring and training these practitioners, is responsible for all of its obligations in terms of responsibilities and insurance.


Article 6
Duration and denunciation


This Agreement shall be concluded for a period of two years. It is renewable, by tacit renewal, for a maximum of five years.
This Agreement may be denounced by one of the parties at any time without prejudice to the ongoing training programs.


Article 7
Amicable Settlement of Disputes


Any dispute relating to 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 of the fulfilment of the constitutional procedures required for the entry into force of this Agreement, which shall take effect on the first day of the second month following the day on which the second notification is received.
Done in Riyadh on 9 October 2011, in two copies, each in French and Arabic, both texts being equally authentic.


Done on 3 October 2012.


François Hollande


By the President of the Republic:


The Prime Minister,

Jean-Marc Ayrault

Minister of Foreign Affairs,

Laurent Fabius


For the Government

of the French Republic:

Bertrand Besancenot

Ambassador of France

Saudi Arabia

For the Government

of the Kingdom of Saudi Arabia:

Ahmed Al Sayf,

Deputy Minister

higher education

(1) This Additional Protocol entered into force on 1 September 2012.
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