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Decree No. 2015-17 January 9, 2015 On The Publication Of The Agreement In The Form Of Exchange Of Letters Between The Government Of The French Republic And The International Institute Of Pgr (Ipgri) S Security...

Original Language Title: Décret n° 2015-17 du 9 janvier 2015 portant publication de l'accord sous forme d'échange de lettres entre le Gouvernement de la République française et l'Institut international des ressources phytogénétiques (IPGRI) en matière de sécurité s...

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Keywords

BUSINESS , INTERNATIONAL AGREEMENT , INTERNATIONAL INSTITUT OF PHYTOGENETICAL RESOURCES , IPGRI , BUREAU , PRIVILEGE , IMMUNITY , FRENCH , SOCIAL SECURITY , LETTERS


JORF no.0009 of 11 January 2015 page 487
text No. 2



Decree No. 2015-17 of 9 January 2015 on the publication of the agreement in the form of an exchange of letters between the Government of the French Republic and the International Institute of Plant Genetic Resources (IPGRI) in the field of social security (as a whole annex), signed in Paris on 23 October 2014 and in Maccarese on 3 November 2014 (1)

NOR: MAEJ1430387D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/1/9/MAEJ1430387D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2015/1/9/2015-17/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2013-325 of 19 April 2013 authorizing the approval of the agreement as an exchange of letters between the Government of the French Republic and the International Institute of Phytogenetic Resources (IPGRI) on the establishment of an IGRI office in France and its privileges and immunities in French territory;
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. 2013-716 of 5 August 2013 publishing the agreement in the form of an exchange of letters in the field of social security between the Government of the French Republic and the International Network for the Improvement of the Production of Banana and Banana Plantain (INIBAP), signed in Paris on 13 July 2011 and in Montpellier on 25 July 2011;
Vu le Decree No. 2014-142 of 17 February 2014 publishing the agreement in the form of an exchange of letters between the Government of the French Republic and the International Institute of Phytogenetic Resources (IPGRI) on the establishment of an IPGRI office in France and its privileges and immunities in the French territory (a joint annex), signed in Rome on 16 November 2010 and in Paris on 3 January 2011,
Decrete:

Article 1


The agreement in the form of an exchange of letters between the Government of the French Republic and the International Institute of Phytogenetic Resources (IPGRI) on social security (a joint annex), signed in Paris on 23 October 2014 and in Maccarese on 3 November 2014, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.

  • Annex


    AGREEMENT
    SUB FORME D'ÉCHANGE DE LETTERS ENTER THE GOVERNMENT OF THE FRENCH REPUBLIC AND INTERNATIONAL INSTITUTE OF PHYTOGENETIC RESOURCES (IPGRI) IN THE WORLD OF SOCIAL SECURITY (ENSEMBLE A APPENDIX), SIGNED TO PARIS ON 23 OCTOBER 2014 AND TO MACCIA


    Ministry of Finance and Public Accounts Ministry of Social Affairs, Health and Women's Rights


    Social Security Directorate


    Paris, 23 October 2014
    Mrs. Ann Tutwiler
    Executive Director
    Bioversity International
    Via dei Tre Denari, 472/a
    00057 Maccarese
    Rome - Italy


    Mme la Directrice générale,
    I have the honour, on behalf of my Government, to propose to you to conclude a social security agreement between the Government of the French Republic and the International Institute of Plant Genetic Resources (IPGRI), the provisions of which are contained in the annex to this letter.
    This agreement draws the consequences of the incorporation of the International Network for the Improvement of the Production of Banana and the Plantain Banana (INIBAP) in the IGRI and resumes, mutatis mutandis, the provisions of the Agreement in the form of exchange of letters in the field of social security between the Government of the French Republic and the International Network for the Improvement of the Production of Banana and the Plantain Banana signed July Decree No. 2013-716 of 5 August 2013.
    I should be grateful if you would let me know if these provisions were to be accepted by your Organization.
    In this case, this letter and its annex, as well as your response, will form the social security agreement between the Government of the French Republic and the International Institute of Plant Genetic Resources. This agreement will come into force in accordance with section 6 of the schedule.
    Please accept, Madam Director General, the expression of my high consideration.


    Director of Social Security,
    Thomas Fatome

  • Annex


    bioversity international


    Maccarese, November 3, 2014


    Mr. Thomas Fatome
    Director of Social Security
    14, avenue Duquesne
    75350 Paris SP 07


    Mr. Director of Social Security,
    I acknowledge receipt of your letter dated 23 October 2014 specifying the terms and conditions for the implementation of a social security agreement between the Government of the French Republic and the International Institute of Plant Genetic Resources.
    I have the honour to inform you that your letter, annexed to the Social Security Agreement, as well as your proposal that the latter and my response constitute the agreement between the Government of France and the Organization, collect my approval.
    Please believe, Mr. Director of Social Security, in the expression of my high consideration.


    Ann Tutwiler
    Director General Bioversity International

  • Annex


    Annex
    AGREEMENT OF SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND INTERNATIONAL INSTITUT OF PHYTOGETICAL RESOURCES


    The Government of the French Republic and the International Institute of Plant Genetic Resources (IPGRI),
    Having regard to the agreement in the form of an exchange of letters between the Government of the French Republic and the International Institute of Phytogenetic Resources (IPGRI) on the establishment of an IGRI office in France and its privileges and immunities on French territory (as a whole an annex), signed in Rome on 16 November 2010, and in Paris on 3 January 2011 (hereinafter the "institution agreement");
    Having regard to Article 19 of the said Agreement, under which the IGRI, in the event that it establishes its own system of foresight for all risks covered by social security or acceding to the system of another organization would, as well as its director and staff members, exempt from the mandatory contributions corresponding to the French social security regime, subject to the agreements to be concluded with the Government of the French Republic in accordance with the provisions of the said Agreement;
    Having regard to the agreement in the form of an exchange of letters in the field of social security between the Government of the French Republic and the International Network for the Improvement of the Production of Banana and the Plantain Banana (as an annex), signed in Paris on 13 July 2011 and in Montpellier on 25 July 2011;
    Considering that the IPGRI, which operates under the name "Biversity International", replaced the International Network for the Improvement of the Production of Banana and Plantain Banana (hereinafter the "INIBAP"), on the one hand, and has established for its agents its own system of foresight for all risks covered by social security, on the other hand;
    Considering the need to ensure continuity of legal effects arising from the agreement of 13 July 2011 and 25 July 2011, concluded between the Government of the French Republic and INIBAP;
    The following provisions were agreed:


    I. General provisions


    Article 1
    Exemption from contributions and contributions to the French regime


    The IGRI (hereinafter the "Organization") its director and contracted agents employed by the Organization permanently and for a period of not less than one year at the office of the Organisation located in France are exempted from the contributions and contributions of the compulsory French social security scheme only with respect to their income derived from their activity with the IGRI, under the conditions established by this Agreement.
    Persons referred to in paragraph 1 above and their rights holders do not benefit from the social security benefits provided by French legislation and regulations.


    Article 2
    Application of exemptions and contributions to IGRI personnel


    1. The staff of the Organization referred to in Article 18 and paragraphs 1 to 4 of Schedule B to the settlement agreement, and the Organization itself as such, are exempted from contributions and contributions to the French Compulsory Basic and Complementary Social Security Plan.
    2. The other agents of the Organization, including the agents referred to in paragraph 5 of Schedule B to the settlement agreement, are affiliated with the mandatory French social security regime as well as the supplementary pension plans and the unemployment insurance scheme under the conditions of common law.
    3. The Organization shall, for the personnel referred to in paragraph 2 above, pay contributions and contributions. It is subject, for these personnel, to the rules of control and litigation provided for by the French law on this matter.


    II. - Transitional provisions


    Article 3
    Articulation with the social security agreement as an exchange of letters concluded with INIBAP


    Agents who have benefited from the social security agreement between the Government of the French Republic and INIBAP retain the benefit of the provisions of this agreement, including rights and obligations deriving from the exercise of the right of option.


    III - Final provisions


    Article 4
    Terms of application and settlement of disputes


    The terms and conditions and any disputes related to the interpretation or application of this Agreement, including the maintenance of acquired or in the course of acquisition rights, shall be settled directly between the competent French authorities and the Director of the Organization through negotiation.


    Article 5
    Denunciation


    This Agreement may be denounced by each Party. The denunciation takes effect on the first day of the sixth month following the date on which the denunciation was notified to the other Party.


    Article 6
    Entry into force


    This Agreement comes into force on the first day of the month following the date of receipt of the last response to the exchange of letters between the two Parties.


Done on January 9, 2015.


François Hollande

By the President of the Republic:


The Prime Minister,

Manuel Valls


Minister for Foreign Affairs and International Development,

Laurent Fabius

(1) This Agreement entered into force on 1 December 2014.
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