Key Benefits:
Publics concerned: research organizations, public research or higher education institutions.
Purpose: Strengthen the missions of the National Research Agency (ANR) and change its governance.
Entry into force: the text comes into force on the day after its publication; it provides for the maintenance of the board of directors, no later than 30 June 2014, and the president of the establishment pending the establishment of the new bodies and the designation of the new president in accordance with this decree.
Notice: ANR's missions are specified to enable it to contribute to the development of the national research strategy. The agency must now act to strengthen European and international cooperation, manage and monitor future investments and assess the impact on national scientific production of funding on projects it allocates. The NRA will also have to submit an annual performance report to the Strategic Research Council.
The Chairman of the ANR Board of Directors will now be the Director General of the Agency; He will be assisted by at least one managing director and a scientific steering committee. The composition of the board of directors now includes agency staff. Scientific departments are established.
References: this decree and the text it amends are available 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 education codeincluding article L. 233-1;
Vu le search codeincluding chapter IX of title II of Book III;
Vu la Act No. 2012-347 of 12 March 2012 relating to the access to and improvement of the conditions of employment of contractual agents in the public service, the fight against discrimination and various provisions relating to the public service, including section 52;
Vu la Act No. 2012-1559 of 31 December 2012 amended on the creation of the Public Investment Bank, including Article 2;
Vu le Decree No. 2006-963 of 1 August 2006 carrying out the organization and operation of the National Research Agency;
Vu le Decree No. 2010-80 of 22 January 2010 relating to the Commissioner-General for Investment;
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. 2013-943 of 21 October 2013 on the Strategic Research Council;
Considering the advice of the Technical Committee of the National Research Agency dated 9 January 2014;
The State Council (inland section) heard,
Decrete:
The above-mentioned decree of 1 August 2006 is amended in accordance with the provisions of articles 2 to 17 of this Decree.
Section 2 is replaced by the following:
"Art. 2.- Within the framework of the national research strategy defined by the Government, the National Research Agency has the following tasks:
« 1° To finance and promote the development of basic and finalised research, technical innovation and technology transfer, as well as public-private partnership;
« 2° Implement the programming established by the Minister responsible for research that collects the advice of ministers exercising the guardianship of research bodies or public institutions of higher education;
« 3° To manage large state investment programmes in the field of higher education and research, and to monitor their implementation;
« 4° To strengthen scientific cooperation at the European and international levels, by articulating its programming with European and international initiatives;
« 5° To analyze the evolution of the research offer and measure the impact of the funding allocated by the agency on national scientific production.
"In the framework of the strategic directions proposed jointly by research agencies and public institutions of higher education, the agency develops its annual action plan submitted to its guardianship for approval. She reports on her missions to the Minister for Research and interested ministers through an annual report on the implementation of her action plan that is presented to the Strategic Research Council. »
Section 3 is amended as follows:
1° In 2°, the words "in section 3 of chapter IV" are replaced by the words "in chapter IV";
2° 3° and 4° are thus written:
« 3° Implement international scientific cooperation agreements, in support of international partnership policies defined by its guardianship and in connection with the relevant research bodies;
« 4° Participate in actions carried out in common or on behalf of the services of the State, the local authorities and their groupings or other public or private, French or foreign bodies. »
Section 4 is replaced by the following:
"Art. 4.-The National Research Agency is administered by a Board of Directors, chaired by the Agency's President.
"The president of the agency provides the general direction of the establishment.
"He is assisted by one or more delegated general directors and a scientific steering committee.
"The Agency's President appoints Delegate Directors General for a renewable five-year term. At least one of the managing directors is responsible for the administration.
"The agency includes scientific departments. »
Section 5 is replaced by the following:
"Art. 5.-In addition to the president of the agency, the board of directors includes nineteen members:
« 1° Six State representatives:
“(a) Two representatives of the Minister for Research;
“(b) A representative of the minister responsible for higher education;
"(c) Two representatives of the Minister for Industry;
"(d) A representative of the Minister responsible for the budget;
« 2° Six qualified personalities representing major scientific areas, including at least one outcome of the conference of heads of higher education institutions mentioned at theArticle L. 233-1 of the Education Code ;
« 3° Four qualified personalities from the socio-economic world chosen because of their expertise in research and technological development;
« 4° Vice-President of the Strategic Research Council referred to inArticle 3 of Decree No. 2013-943 of 21 October 2013 ;
« 5° Two representatives of the elected staff, as well as their alternates, for a period of three years, by the agency's staff, in accordance with the terms fixed by order of the research minister.
"The members of the Board of Directors are appointed for three years by order of the Minister for Research. An alternate is designated under the same conditions for each member mentioned in 1° and 2°. The difference between the total number of administrators of each sex mentioned in 2° and 3° cannot be more than two.
"The directors mentioned in 2°, 3° and 5° shall not exercise more than two consecutive terms. In the event of a vacancy by death, resignation or for any other cause, of one of the members of the Board of Directors, he or she shall be replaced for the remainder of his or her term of office. »
Section 6 is replaced by the following:
"Art. 6.-The President of the National Research Agency, chosen from among the personalities of the scientific and technical world, is appointed by order made on the proposal of the Minister for Research for a period of five years renewable once. This appointment comes after a public call for applications and the notice of a nomination review committee.
"In the event of the vacancy of the current Chair, the new Chair shall be appointed for the remainder of the term. When the term is not more than one year, it may be appointed for two other consecutive terms. »
After Article 6, an article 6-1 is inserted as follows:
"Art. 6-1. - The application review board referred to in section 6 is composed of four or six personalities chosen because of their competence in the field of research and technological development, including a president, appointed by order of the research minister. It includes an equal number of women and men.
"After reviewing the applications submitted to each of its members by the Minister for Research, the Commission selects the candidates it will be hearing, within the limit of four. In the event of equal sharing of opinions on the choice of such candidates, the vote of the chair of the commission is preponderant. The Commission shall transmit a written report on each of the candidates interviewed to the Minister for Research to clarify its choice.
"The proceedings of the commission are confidential.
"The mandate of the members of the commission shall cease in full right from the date of appointment of the President of the National Research Agency under the conditions set out in Article 6.
“The members of the commission shall exercise their functions free of charge. However, their travel and residence expenses may be reimbursed under the conditions prescribed by the regulations applicable to State officials. »
The first paragraph of section 8 is supplemented by the words: "and, for the president of the agency, to the Minister for Research. »
In section 9, the words: "by the Director General" are replaced by the words: ", at the request of the Minister for Research, by the Executive Director for Administration. »
Section 10 is amended as follows:
1° The words: "who is not suppleed" are replaced by the words: "who has no substitute or whose alternate is unavailable";
2° The words: "the general manager of the institution" are replaced by the words: "the or the general directors of the institution";
3° The words: "OSEO or its representative" are replaced by the words: "BPI-Group or its representative and for the Commissioner General for Investment or its representative".
Section 11 is amended as follows:
1° At 1°, the words: "the annual report on the implementation of the commitments made in this framework" are replaced by the words: "the annual performance report of its action plan";
2° The 2° is replaced by the following:
« 2° The guidance of its annual action plan, including the implementation of the provisions of the articles L. 329-4 and L. 329-5 the code of research, and the policy of allocation and management of aids; » ;
3° The 3° is deleted and the 4° to 17° become the 3° to 16°;
4° The last paragraph is replaced by the following:
"For the substances listed in 9°, 11° and 12°, the board of directors may delegate its powers to the president within the limits it determines. The President shall report to him, at the next sitting, on the decisions he made under this delegation. »
I. ― In the first paragraph of Article 12, the words: "Director General" are replaced by the words: "President of the Agency".
II. - Section 13 is repealed.
Section 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, prepares the deliberations of the board of directors and ensures their execution";
2° After the 8°, it is inserted a 9° as follows:
« 9° He represents the agency in justice and in all acts of civil life. » ;
3° In the tenth paragraph that became eleventh, after the word "guardianship", the words are inserted: "as well as a programme performance report that is forwarded by the research minister to the Strategic Research Council. »
After the new article 13, an article 14 is inserted as follows:
"Art. 14.-Decisions to establish or delete scientific departments are taken by the president of the agency after the advice of the scientific steering committee. The same applies to the denomination and perimeter of each department.
"The heads of the departments are appointed by the president of the agency, after the advice of the scientific steering committee, for a term of four years renewable. »
After Article 14, an article 14-1 is inserted as follows:
"Art. 14-1. - I. The scientific steering committee is the agency's think tank for the development and implementation of its annual action plan.
"He assists the president of the agency who consults him on:
« 1° Preparation of the annual action plan referred to in the last paragraph of Article 2;
« 2° Implementation of the evaluation work of the research offer and impact measures mentioned in the 5th of Article 2;
« 3° The implementation report of the action plan referred to in the last paragraph of Article 2;
« 4° The creation or suppression of scientific departments, their name and perimeter;
« 5° Appointment of officials of the scientific departments, 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 understands:
“(a) The officials of the scientific departments of the agency;
“(b) Personalities outside the institution, especially foreign, chosen because of their scientific and technical competence in the areas of activity of the agency;
“(c) People from the socio-economic world.
"His president is chosen from among the personalities mentioned in b and c. The officials of the scientific departments do not participate in the deliberations of the committee on the points mentioned in the 4th and 5th I.
"The Scientific Steering Committee meets at least three times a year on the convocation of the Agency's President or on the written and motivated request of two thirds of its members.
"His composition, the terms and conditions for the appointment of the members referred to in b and c and its president, the duration of their term and the rules of its operation shall be determined by order of the Minister for Research. »
The 1st of section 19 is replaced by the following provisions:
« 1° Grants to research and technological development projects, including a lump sum mentioned inArticle L. 329-5 of the Research Code, contributing to the indirect costs of projects, and endowments to research foundations; "
I. ― In section 20, the words: "Director General of the Institution" are replaced by the words: "President of the Agency".
II. - Sections 24 and 25 are repealed.
The members of the board of directors and the director general of the agency in office on the date of publication of this decree shall remain in office, respectively, until the installation, which shall take place before June 30, 2014, of the new board of directors and until the appointment of the president of the National Research Agency under the conditions provided by this decree. They exercise the skills they held from the decree of 1 August 2006 in its writing prior to the coming into force of this decree.
The Minister of Economy and Finance, the Minister of Productive Recovery, 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 respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on March 24, 2014.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Higher Education
and research,
Geneviève Fioraso
Minister of Economy and Finance,
Pierre Moscovici
Minister of Productive Recovery
Arnaud Montebourg
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Bernard Cazeneuve
