Key Benefits:
Publics concerned: general public, administrations.
Subject: amendment of the statutes of the Ecole nationale supérieure de création industrielle (ENSCI).
Entry into force: the text comes into force on the day after its publication.
Notice: This decree replaces the statutes of the Ecole nationale supérieure de création industrielle. ENSCI is now referred to as a higher education institution for plastic arts within the meaning of Article L. 75-10-1 of the Education Code. Its missions and means of action are better defined with, in particular, the possibility for the institution to issue national degrees. The composition of the board of directors, which still includes nineteen members, is reviewed and its improved functioning. The skills of the director of the school are specified, notably through the signature of national and institutional degrees.
References: this decree, which repeals the Decree No. 84-969 of 26 October 1984 Establishing the National School of Industrial Creation, can be found on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Economy and Finance, the Minister of Product Recovery and the Minister of Culture and Communication,
Vu le Civil codeincluding article 2045;
Vu le Trade codeincluding article L. 233-3;
Considering the education code, including articles L. 216-3, L. 75-10-1, L. 811-6 and D. 211-13-1;
Considering the general code of public ownership, including articles R. 2313-1 to R. 2313-5 and R. 4121-2;
Vu le Criminal codeincluding article 432-12;
Vu la Act No. 83-675 of 26 July 1983 amended on democratization of the public sector, including article 4;
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;
See?Order No. 2004-559 of 17 June 2004 modified on partnership contracts;
Vu le Decree No. 92-681 of 20 July 1992 amended on revenue-based authorities and advances by public bodies;
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;
Vu le Decree No. 2009-337 of 26 March 2009 amended on scholarships and grants awarded to students in higher education institutions under the Ministry of Culture, including Article 5;
Vu le Decree No. 2010-1035 of 1 September 2010 concerning the duration of the mandates of the leaders and the functioning of the governing bodies of some of the State public institutions;
Vu le Decree No. 2012-1246 of 7 November 2012 Financial and Public Accounts Management, including its Parts I and III;
In view of the documents of the case that it appears that the Corporate Committee of the National School of Industrial Creation was consulted on October 8, 2012, pursuant to theArticle L. 2323-19 of the Labour Code ;
The State Council (inland section) heard,
Decrete:
The Ecole nationale supérieure de création industrielle is a public industrial and commercial institution under the joint supervision of the Minister for Culture and the Minister for Industry.
His seat is in Paris.
The National School of Industrial Creation is a higher education institution for plastic arts within the meaning of Article L. 75-10-1 of the Code of Education.
The purpose of the facility is to ensure, through production activities, training and research in industrial and textile design and design and to provide, in conjunction with professional environments, initial and ongoing training in the areas of product and service design. He brings scientific, technical, cultural, human and social know-how and knowledge to his students.
He delivers diplomas that are unique to him and can be authorized to issue national degrees of higher education.
It contributes to the promotion and diffusion of creation and design in the national economy and, in particular, in businesses.
In carrying out its mission, the establishment may include:
1° To store, acquire and operate any industrial property rights corresponding to its missions;
2° Acquire, exploit and value, according to any appropriate modality, any right to literary or artistic property;
3° Design, realize, produce, edit and disseminate any educational, artistic, technical or scientific material relevant to industrial design and design, including audiovisual works and documents carried out in the context of the educational activity of the institution;
4° Ensure all dissemination activities in the design of products and services to the public, including through the organization of exhibitions, seminars and symposia;
5° Cooperate with universities, higher education institutions, research organizations and any public or private person, French or foreign, who may contribute to his or her mission;
6° Taking financial participations or creating subsidiaries.
The cultural policy and the strategy of public establishment, its activities and investments are the subject of a multi-year contract with the State.
This contract sets out performance objectives for the establishment in respect of the assignments and the means available to it.
The National Higher Industrial Creation School is administered by a Board of Directors and headed by a Director. It has guidance advice.
The Board of Directors has nineteen members:
1° Eight representatives of the State, members of law:
(a) The Director General of Art Creation at the Ministry of Culture or its representative;
(b) The head of the plastic arts department at the department responsible for culture or its representative;
(c) The head of the architectural department in the department responsible for culture or its representative;
(d) The Director General of Competitiveness, Industry and Services at the Ministry of Industry or its representative;
(e) The department responsible for the industry at the department responsible for the industry or its representative;
(f) The Director of Research at the Ministry of Higher Education and Research or his representative;
(g) The Director in charge of higher education to the Ministry in charge of higher education and research or his representative;
(h) The General Delegate for Employment and Vocational Training at the Ministry of Employment or its representative;
2° Four qualified individuals, including two from the industrial sector, designated by joint decision of the Minister for Culture and the Minister for Industry;
3° Two representatives of professional organizations representing the activities of industrial creation and design designated on their proposal by joint decree of the Minister for Culture and the Minister for Industry;
4° Three elected staff representatives, including at least one teacher;
5° Two elected representatives of the students.
The chairman of the board of directors is appointed by decree on the proposal of the ministers responsible for culture and industry, among the personalities designated at 2° above, for a period of three years renewable twice.
Members of the board of directors, other than representatives of the State and students, shall be appointed or elected for a period of three years. Their mandate is renewable. The term of office of the student representatives is one year renewable. No member of the board of directors may exercise more than three consecutive terms.
For each of the designated or elected representatives of the board of directors referred to in 3°, 4° and 5° of Article 6, an alternate shall be designated or elected under the same conditions as the holder and for the same period.
The loss of quality because of which they were designated or elected, resignation or death results in the vacancy of the seat. In the event of a vacancy occurring more than six months before the expiry of the term, another member shall be designated or elected under the same conditions for the remainder of the term.
Qualified personalities may give a written mandate to another member to represent them. Each member cannot hold more than two terms per meeting.
Employee representatives each have a 15-hour credit per month for the exercise of their mission, if any, with their alternate.
Students shall be elected by a joint order of the Minister for Culture and the Minister for Industry.
The members of the board of directors shall exercise their functions free of charge. However, their travel and living expenses may be reimbursed under the conditions provided for in the regulations applicable to civil personnel of the State.
I. ― Subject to the provisions of the II, only the board of directors may authorize the conclusion of a convention acting directly or by person interposed between the National Higher Industrial Creation School and a member of that board or between the establishment and a corporation or agency that a member of the board of directors controls within the meaning of theArticle L. 233-3 of the Commercial Code, or of which he is a shareholder with a vote of more than 5%, or of which he is responsible, manager, administrator, or, in general, manager.
The member of the interested board of directors shall, by registered letter with a request for notice of receipt, inform the chair of the board of directors and the budgetary controller as soon as he or she is aware of a convention to which the provisions of the first paragraph are applicable.
This member cannot attend deliberation or take part in the vote and is not counted for the calculation of the quorum and majority. It also refrains from participating, as a member of the board of directors, in all acts relating to the negotiation and conclusion of the agreement.
II. - The provisions of I are not applicable to conventions relating to routine and normal operations. However, these last conventions are communicated by the interested member of the Board of Directors to the Chair of the Board of Directors and to the Budget Monitor. The list of these conventions and their purpose shall be communicated by the President to the members of the board of directors.
III. ― Where the budgetary controller considers that a member of the board of directors may be exposed to the application of theArticle 432-12 of the Criminal Code, it shall inform the interested member and the chair of the board of directors in writing.
IV. ― The provisions of this section apply to the director of the establishment.
The Board of Directors meets at least once a semester on the convocation of its President who sets the agenda.
It is also convened by its President at the request of the Minister for Culture, the Minister for Industry or the majority of the members who, in this case, propose the agenda of the session. In the event of the President's vacancy, absence or incapacity, the Board of Directors may be convened by the Director. The Board of Directors then elects a meeting chair from among the personalities mentioned in the 2nd of Article 6.
The board of directors may only validly deliberate if at least half of its members, or their representatives or alternates, are present. If the quorum is not reached, the council is again convened with the same agenda within fifteen days. It then deliberates without condition of quorum.
The deliberations shall be taken by a majority of the votes of the members present or represented. In the event of equal sharing of votes, the president's voice is preponderant.
The Director, Budget Officer and Accountant attend the Board of Directors' meetings with an advisory voice. The President may also call to participate in meetings with an advisory vote any person whom he or she deems to be present.
The board of directors rules by its deliberations the business of the institution. It deliberates in particular on:
1° The policy of the establishment, the general conditions for the organization and operation of the institution, including the regulation of studies, and the programme of activities;
2° The multi-year contract referred to in Article 4;
3° The budget and its amendments;
4° The financial account for the year ended and the allocation of results;
5° Annual Activity Report;
6° Conventions on the use of buildings concluded under Article 22;
7° Acceptance or refusal of donations and bequests;
8° The categories of conventions that, because of their nature or the financial amount involved, must be submitted to the Director for approval and those for which the Director is responsible;
9° The creation of subsidiaries and the taking, extensions and transfers of participation;
10° Participation in public or private bodies and public interest groups;
11° Projects for the construction, purchase, exchange or sale of buildings, the creation of collateral and mortgages, lease and lease projects;
12° Partnership contracts under the conditions ofsection 9 of the order of June 17, 2004 referred to above ;
13° Public service delegations;
14° General conditions of employment, recruitment and remuneration of staff;
15° Transactions and legal actions;
16° royalties due to permissions for temporary occupation of state-owned buildings and made available to the establishment;
17° The school's rules of procedure.
The Board of Directors may delegate to the Director some of the duties set out in 7°, 15° and 16°, under the conditions it determines.
The Director shall report on the decisions he has made under this delegation during the next board of directors.
The deliberations on the budget or its amendments as well as on the financial account, referred to respectively in the 3rd and 4th of Article 10, are enforceable under the conditions set out in Title III of the above-mentioned Decree of 7 November 2012.
The deliberations set out in 8°, 13° and 16° of section 10 shall be carried out in full law fifteen days after they have been received by the Minister for Culture, the Minister for Industry and the Minister for Budget, if none of them has made opposition to it within that period. The proceedings scheduled for 12° and 14° shall be enforceable under the same conditions, the period being extended to one month.
To become enforceable, the deliberations on 9°, 10° and 11° must be expressly approved by the Minister for Culture, the Minister for Industry and the Minister for Budget.
The other deliberations of the board of directors are enforceable fifteen days after their receipt by the Minister for Culture and by the Minister for Industry, if they did not object within that time. The same is true of the decisions of the Director made by delegation of the Board of Directors pursuant to section 10, subject to the agreement of the budgetary controller for decisions relating to transactions.
The Director is appointed by order, on the proposal of the Minister for Culture and the Minister for Industry, for a period of three years, renewable twice.
When the Director reaches the age limit set by the Director during his or her term Act of 13 September 1984 referred to above, he performs his duties until the end of the current mandate.
The director directs the establishment.
As such:
1° It prepares the deliberations of the board of directors and ensures its execution;
2° He is responsible for the administrative organization and has authority over the services of the institution;
3° He recruits and manages the staff of the institution;
4° It represents the establishment in justice and in all acts of civil life;
5° He is an orderer of income and expenditure;
6° In the event of an emergency and after the opinion of the budget controller, it may take corrective budgets in accordance with provisions of Article 177 of the Decree of 7 November 2012 referred to above ;
7° It concludes the conventions under the conditions provided for in Article 8;
8° He signs the authorizations for temporary occupation of the public domain;
9° It concludes the transactions and passes the acquisition, exchange and sale documents relating to the buildings, authorized under the conditions set out in 11° of Article 10;
10° It ensures that the provisions for the organization of studies, educational programs and research programs of the institution are implemented;
11° It shall decide on scholarship applications in accordance with the provisions of the decree of 26 March 2009 referred to above ;
12° He exercises disciplinary power under the conditions laid down in Article 14;
13° He signs the national higher education diplomas and school-specific diplomas as well as the provisional certificates concerning these diplomas.
He reports on his management to the Board of Directors.
It may delegate its signature to persons under its authority, within the limits of their powers, with the exception of those taken under the 6th, 9th and 13th levels above.
Disciplinary penalties applicable to students are, in addition to those provided for in Article L. 811-6 of the Education Code, the warning with registration on the student's file, the termination of the current work, the temporary exclusion and the final exclusion of the institution.
No penalty may be imposed without the student being able to present his or her observations. Except for the warning and termination of the ongoing work, the Director shall rule in the light of the opinion rendered by the Disciplinary Commission after hearing, by this proceeding, of the person concerned.
The composition and operating procedures of the Disciplinary Commission are determined by the rules of procedure of the school.
The conditions for admission of students, the duration of the studies, the teaching programs and the terms and conditions of the examinations and the granting of diplomas are determined by joint decree of the Minister for Culture and the Minister for Industry.
Tuition fees are set by joint order of Ministers responsible for culture, budget and industry.
I. ― The orientation council is consulted on the educational and research activities of the institution and on the adaptation of its activities to the demand as well as on the evolution of science and technology. In addition, he gives his opinion on all matters submitted to him by his president or by the board of directors.
II. ― The guidance board is chaired by the director of the institution.
In addition to its president, it is composed of eighteen members:
1° Ten qualified individuals appointed by joint decision of the Minister for Culture and the Minister for Industry:
(a) Five persons selected in the industrial sector;
(b) Five people chosen because of their skills in the design of industrial products and services and creation and design;
2° Two representatives of professional organizations representing industrial creation activities designated on their proposal by joint order of the Minister for Culture and the Minister for Industry;
3° Two professor-researchers or researchers appointed by order of the Minister for Higher Education and Research;
4° Two elected representatives of teachers;
5° Two elected representatives of the students.
The mandate of the members of the guidance board is three years. This mandate is renewable. However, student representatives are elected for a one-year renewable term.
For each member of the board, with the exception of those mentioned in 1° above, an alternate is designated or elected under the same conditions as the licensee and for the same period.
The members of the guidance board exercise their functions free of charge. Their travel and residence expenses are reimbursed under the conditions provided for by the regulations applicable to civil personnel of the State.
Council members may not sit on the board of directors.
III. ― The guidance board meets at least once a semester on the convocation of its president. It is validly deliberated only if at least half of its members are present. If the quorum is not reached, it is reconvened with the same agenda within a period of fifteen days and deliberates validly without condition of quorum.
The deliberations of the guidance board are taken by a majority of the members present. In the event of equal sharing of votes, the president's voice is preponderant.
The guidance board may, upon a decision of its president, hear any outside person whose hearing is likely to inform its deliberations.
The establishment is subject to the provisions of headings I and III of the above-mentioned decree of 7 November 2012.
Advances and receipts may be created by a decision of the director of the establishment, with the agreement of the accounting officer and the budgetary controller, under the conditions prescribed by the Decree of 20 July 1992.
The facility's resources include:
1° State, territorial and public or private subsidies;
2° Enrolment fees at the entrance examination, tuition fees;
3° The proceeds of rights collected under permanent training;
4° Products of contracts and educational or research agreements concluded with all public or private bodies;
5° Products of the sale or exploitation of publications, documents and audiovisual works;
6° Products of artistic, scientific or cultural events organized by the establishment;
7° The product of participations;
8° The product of alienations;
9° Income from property and investments;
10° Donations and bequests;
11° The recipes of patronage;
12° The proceeds of royalties due to the authorizations for temporary occupation of state-owned buildings and made available to it;
13° In general, any other income derived from the exercise of its activities.
The proceeds and revenues of any kind of immovable made available to the establishment and any proceeds are recovered by the establishment.
The expenses of the institution are presented in the form of envelopes defined in thearticle 178 of the decree of 7 November 2012 referred to above.
By decision of the Board of Directors, intervention expenses may be subject to a separate envelope.
The buildings belonging to the State and necessary for the exercise of the missions provided for in this decree are made available to the establishment by a convention of use concluded under the conditions laid down in articles R. 2313-1 to R. 2313-5 and R. 4121-2 of the general code of ownership of public persons.
Apart from the representatives of the State mentioned in the 1st of Article 6, the members of the board of directors of the establishment in office on the date of publication of this decree shall be held in office until the end of their term. The additional staff representative provided for in the 4th of Article 6 shall be on the board of directors as soon as he or she is elected to intervene within six months of the publication of this Order and his or her term of office shall expire on the same date as that of the other members.
Members of the Development Board, referred to inArticle 14 of Decree No. 84-969 of 26 October 1984 establishing the National Higher School of Industrial Creation, as of the date of publication of this decree, shall serve as members of the Guidance Board until the end of their term.
Decree No. 84-969 of 26 October 1984 establishing the Ecole nationale supérieure de création industrielle is repealed.
The Minister of Economy and Finance, the Minister of Productive Recovery, the Minister of Culture and Communications, the Minister of Higher Education and Research and the Minister Delegate to the Minister of Economy and Finance, responsible for the budget, are responsible, each with regard to the performance of this Order, to be published in the Official Journal of the French Republic.
Done on 5 April 2013.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Culture
and communication,
Aurélie Filippetti
Minister of Economy and Finance,
Pierre Moscovici
Minister of Productive Recovery
Arnaud Montebourg
Minister of Higher Education
and research,
Geneviève Fioraso
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Bernard Cazeneuve
