Decree No. 2014-365 24 March 2014 Amending Decree No. 2006-963 1 August 2006 On The Organization And Functioning Of The National Agency Of Research

Original Language Title: Décret n° 2014-365 du 24 mars 2014 modifiant le décret n° 2006-963 du 1er août 2006 portant organisation et fonctionnement de l'Agence nationale de la recherche

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Keywords higher education, service public DE L'ETAT, National Agency for the research, ANR, at PUBLIC administrative, EPA, organization, MISSION, operation, COMPOSITION, COMPETENCE JORF n ° 0071 March 25, 2014 page 5761 text no. 13 Decree No. 2014-365 24 March 2014 amending Decree No. 2006-963 1 August 2006 on the Organization and functioning of the Agency national research NOR : ESRR1328891D ELI: https://www.legifrance.gouv.fr/eli/decret/2014/3/24/ESRR1328891D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2014/3/24/2014-365/jo/texte interested Publics: research organizations, public institutions of research and higher education.
Subject: strengthening the missions of the National Agency for research (ANR) and modification of its governance.
Entry into force: the text comes into force the day following its publication. It provides maintenance functions of the Governing Council, at the latest until 30 June 2014, and the president of the institution in expectation of the establishment of new instances and the designation of the new president in accordance with this Decree.
Notice: ANR missions are specified in order to enable it to contribute to the development of the national strategy for research. The Agency must now act to the strengthening of European and international cooperation, manage and monitor future investments and assess the impact on the national scientific production of financing on projects that it allocates. The ANR will also submit each year a report on implementation of its programming to the Strategic Research Council.
The president of the Board of Directors of ANR will now also the Director general of the Agency; He will be assisted at least a CEO and a Scientific Steering Committee. The composition of the Board of Directors now includes the staff of the Agency. Scientific departments are created.
References: this Decree and any text it changes can be consulted on the site Legifrance (http://www.legifrance.gouv.fr), the Prime Minister, on the report of the Minister of higher education and research, having regard to the code of education, particular article L. 233 - 1;
Having regard to the code of research, especially chapter IX of title II of his book III;
Pursuant to law n ° 2012-347 12 March 2012 on the access holder employment and the improvement of the conditions of employment of contract staff in the public service, to the fight against discrimination and on various provisions relating to public service, especially article 52 thereof;
Pursuant to law No. 2012 - 1559 of 31 December 2012 as amended relating to the creation of the public investment bank, particularly article 2 thereof;
Having regard to Decree No 2006 - 963 1 August 2006 on the Organization and functioning of the national agency of research;
Considering Decree No. 2010 - 80 22 January 2010 relating to the Commissioner-general to the investment;
Considering Decree No. 2010 - 1035 1 September 2010 concerning the duration of the mandates of leaders and the functioning of the management bodies of some of the public institutions of the State;
Considering Decree No. 2013 - 943 21 October 2013 the Strategic Research Council;
Having regard to the opinion of the Technical Committee of the national agency of research dated January 9, 2014;
The Council of State (Interior Division) heard, enacts as follows: Article 1 more on this article...

The Decree of 1 August 2006 referred to above is amended in accordance with the provisions of articles 2 to 17 of this Decree.


Article 2 more on this article...

Article 2 is replaced by the following: «art.» 2 - under the national strategy of research set by the Government, the national agency of research has for missions: "1 ° to fund and promote the development of basic and finalized, research technical innovation and the transfer of technology as well as the partnership between the public sector and the private sector;
«2 ° to implement programming adopted by the Minister which shall seek the opinion of Ministers exercising guardianship of organisms of research or public institutions of higher education;
«3 ° managing of large State investment programs in the field of higher education and research, and monitor their implementation;
«4 ° to strengthen scientific co-operation at European and international levels, articulating its programming with European and international initiatives;
"(5) to analyse the evolution of the supply of research and measure the impact of funds allocated by the Agency on the national scientific production.
"In the context of the strategic directions proposed jointly by research organizations and public institutions of higher education, the Agency develops its annual action plan submitted to his tutelage for approval. It reports its missions to the Minister responsible for research and the Ministers interested through an annual report for the implementation of its action plan which was submitted on the strategic counsel research. ' Article 3 more on this article...

Article 3 is amended as follows: 1 ° to 2 °, the words: "in section 3 of chapter IV' are replaced by the words:"in chapter IV ";
2 ° the 3 ° and 4 ° read as follows: «3 ° put implementation of international scientific cooperation agreements, in support of international partnership policies defined by his tutelage and in connection with research organizations concerned;
«4 ° participate in actions in common or on behalf of the services of the State, local authorities and their groupings or other organizations public or private, french or foreign.»


Article 4 more on this article...

Article 4 is replaced by the following: «art.» 4 ' national agency of research is administered by a Board of Directors, chaired by the president of the Agency.
"The president of the agency ensures the General management of the institution.
"He is assisted by one or several directors general delegates and a Scientific Steering Committee.
"The president of the Agency shall appoint the Directors-General for a renewable term of five years. One at least of the delegated Directors-General is responsible for the administration.
"The Agency understands scientific departments."


Article 5 read more on this article...

Article 5 is replaced by the following: «art.» 5. - in addition to the president of the Agency, the Board of Directors consists of nineteen members: "1 ° Six representatives of the State:" a) two representatives of the Minister in charge of research;
«b) a representative of the Minister responsible for higher education;
'c) two representatives of the Minister of industry;
"d) a representative of the Minister in charge of the budget;
«2 ° six qualified persons representing the major scientific areas, which at least an outcome of the conference of Heads of institutions of higher education referred to in article L. 233 - 1 of the education code;
«3 ° four qualified socio-economic world personalities chosen because of their expertise in the field of research and technological development;
«4 ° the Vice President of the strategic counsel research referred to in article 3 of Decree No. 2013 - 943 October 21, 2013;
«5 ° two representatives of elected personnel, as well as alternates, for a period of three years, by the personnel of the Agency, on terms laid down by order of the Minister in charge of research. ''
"Members of the Board of Directors are appointed for three years by order of the Minister in charge of research. An alternate is appointed under the same conditions for each of the members referred to in 1 ° and 2 °. The difference between the total number of administrators of each sex referred to the 2 ° and 3 ° shall not exceed two.
"The directors mentioned in the 2 °, 3 ° and 5 ° cannot serve more than two consecutive terms. Vacant by death, resignation or for any other reason that for any one of the members of the Board of Directors, it is provided to his replacement for the remainder of his mandate. ' Article 6 more on this article...

Article 6 is replaced by the following: «art.» 6. - the president of the national agency of research, chosen from among the personalities from the scientific and technical, is appointed by Decree on a proposal by the Minister in charge of research for a period of five years renewable once. This appointment comes after a public call for applications and the opinion of a Committee of review of the nominations.
"In the event of vacancy of the Presidency while in office, the new president is appointed for the duration of the term. When this duration is more than a year, they can be appointed for two further consecutive terms. ' Article 7 more on this article...

It is inserted after article 6, an article 6-1 worded as follows: «art.» 6-1.-the applications referred to in article 6 Review Panel consists of four or six personalities chosen because of their competence in the field of research and technological development, including a Chairman, appointed by order of the Minister in charge of research. It includes an equal number of women and men.

"After consideration of nomination files forwarded to each of its members by the Minister responsible for research, the commission selects the candidates that she audition, in the limit of four. In case of equal division of opinion on the selection of these candidates, the voice of the president of the commission is predominant. The commission shall forward a written report motivating the opinion focused on each of the candidates auditioned to the Minister in charge of research to inform their choice.
"The debates of the commission are confidential.
"The mandate of the members of the commission stops right from the date of appointment of the president of the national agency of research under the conditions laid down in article 6.
"The members of the commission exercise their functions free of charge. However, their travel and subsistence costs may be reimbursed in accordance with the rules applicable to officials of the State. ' Article 8 more on this article...

The first paragraph of article 8 is supplemented by the words: "and to the president of the Agency, to the Minister in charge of research."


Article 9 read more on this article...

Article 9, the words: "by the Director general" shall be replaced by the words: ", at the request of the Minister responsible for research, by the Managing Director responsible for the administration. ''


Article 10 more on this article...

Article 10 is amended as follows: 1 ° the words: «who is not deputized» are replaced by the words: "has no substitute or the alternate is unavailable."
2 ° the words: "the Director general of the institution" are replaced by the words: "the directors delegated institution";
3 ° the words: "OSEO or his representative" are replaced by the words: "BPI-group or his representative and the Commissioner-general to the investment or his representative.


Article 11 read more on this article...

Article 11 is amended as follows: 1 ° to 1 °, the words: "the annual report on the implementation of the commitments in this context" are replaced by the words: "the annual report for the implementation of its action plan ';
2 ° 2 ° shall be replaced by the following: "2 ° the orientations of its annual action plan, which includes the implementation of the provisions of articles L. 329 - 4 and L. 329 - 5 of the code searching, and allocation and management of the aid policy;"
3 3 ° ° is removed and the 4 ° to 17 ° become 3 ° to 16 °;
4 ° the last subparagraph is replaced by the following provisions: "in relation to the matters listed in the 9 °, 11 ° and 12 °, the Board of Directors may delegate its powers to the president to the extent that it determines. The president pays him account, at the next meeting, decisions taken pursuant to this delegation. ' Article 12 more on this article...

I. ― in the first paragraph of article 12, the words: "Executive Director" shall be replaced by the words: "president of the Agency.
II. Section 13 is repealed.


Article 13 read more on this article...

Article 14 becomes article 13 and is amended as follows: 1 ° the first two paragraphs are replaced by the following: "the president:"1 ° sets the agenda, prepare the deliberations of the Board of Directors and ensures their performance ';
2 ° after 8 °, it is inserted a 9 ° as follows: «9 ° it represents the Agency in court and in all acts of civil life.»;
3 ° to the tenth preambular paragraph become eleventh, after the word: "guardianship", shall be inserted the words: "as well as a report for the implementation of programming that is transmitted by the Minister in charge of research at the Strategic Research Council."


Article 14 read more on this article...

After the new article 13, inserted a section 14 which reads as follows: «art.» 14 - creation or deletion of the scientific departments decisions are made by the president of the Agency after the opinion of the Scientific Steering Committee. It is likewise the naming and the perimeter of each of these departments.
"The heads of departments are appointed by the president of the Agency, after the opinion of the Scientific Steering Committee, for a term of four years renewable."


Article 15 read more on this article...

After article 14, it is inserted an article 14-1 worded as follows: «art.» 14-1.-i. ― the Scientific Steering Committee is the body of thought of the Agency for the development and implementation of its annual action plan.
"He assists the president of the Agency who consulted on:" 1 ° the preparation of the annual action plan mentioned in the last paragraph of article 2;
2 ° implementing the mentioned the supply of research and measures of impact assessment work to 5 ° of article 2;
«3 ° the report on implementation of the action plan mentioned in the last paragraph of article 2;
«4 ° the creation or suppression of scientific departments, their name and their perimeter;
"(5) the appointment of the leaders of the scientific departments, the renewal of their functions.
"It may also be consulted by the Board of directors or the president of the Agency on any matter within the jurisdiction of the institution.
«II. ― the Scientific Steering Committee includes: ' a) makers of the scientific departments of the Agency;
"(b) external personalities at the institution, including foreign, selected because of their scientific and technical expertise in the fields of activity of the Agency;
'c) personalities of the socio-economic world.
"Its president is chosen among the personalities mentioned in b and c. The heads of scientific departments do not take part in the deliberations of the Committee on the points mentioned in the 4 ° and 5 ° of the I.
"The Scientific Steering Committee meets at least three times per year at the call of the Chairman of the agency or the written and justified request of two thirds of its members.
"Its composition, terms of designation of the members mentioned in b and c and its Chairman, the duration of their mandate and rules of operation are fixed by order of the Minister in charge of research."


Article 16 read more on this article...

1 ° of article 19 is replaced by the following: "1 ° grants for research and technological development projects, including a lump sum share referred to in article L. 329 - 5 of the code of research, contributing to cover indirect costs of projects, and the allocations to research foundations;


Article 17 read more on this article...

I. ― in article 20, the words: "Director general of the institution" are replaced by the words: "president of the Agency.
II. Articles 24 and 25 are repealed.


Article 18 read more on this article...

The members of the Board of Directors and the Director general of the Agency in functions on the date of publication of this Decree shall remain in office respectively until the installation, which must take place before June 30, 2014, the new Board of Directors and until the appointment of the president of the national research agency under the conditions laid down by this Decree. They exercise powers that they held of the Decree of 1 August 2006 as drafted prior to the entry into force of this Decree.


Article 19 more on this article...

The Minister of economy and finance, the Minister of the productive recovery, Minister of higher education and research and Minister delegate to the Minister of economy and finance, responsible for the budget, are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.


Made on March 24, 2014.
Jean-Marc Ayrault by Prime Minister: the Minister of higher education and research, Geneviève Fioraso the Minister of economy and finance, Pierre Moscovici, Minister of productive recovery, Arnaud Montebourg the Minister delegate to the Minister of economy and finance, in charge of the budget, Bernard Cazeneuve