Key Benefits:
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 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. 2014-1010 of 4 September 2014 issuing the agreement between the Government of the French Republic and the Consortium of International Agricultural Research Centres relating to the headquarters of the Consortium and its privileges and immunities on the French territory (a set of three annexes), signed in Montpellier on 4 March 2013,
Decrete:
The agreement in the form of an exchange of letters on social security between the Government of the French Republic and the Consortium of International Agricultural Research Centres (a joint annex), signed in Paris on 26 November 2014 and in Montpellier on 1 December 2014, will be published in the Official Journal of the French Republic.
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.
AGREEMENT
EXCHANGE OF LETTERS ON THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE CONSORTIUM OF THE INTERNATIONAL CENTRES OF AGRICOLE RESEARCH (ENSEMBLE ANNEX), SIGNED TO PARIS ON 26 NOVEMBER 2014 AND TO MONTPELLIER ON 1 DECEMBER 2014
Paris, 26 November 2014.
Mr. Carlos Pérez del Castillo
Chairman
CGIAR Consortium
1000, avenue Agropolis
34394 Montpellier Cedex 5
Mr. President,
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 Consortium of International Agricultural Research Centres on Social Security, the provisions of which are contained in the annex to this letter.
I should be grateful if you would let me know if these provisions were to be accepted by your Organization.
If so, the present and your letter of reply, both containing the text of the agreement, will constitute the social security agreement between the Government of the French Republic and the Consortium of International Agricultural Research Centres. This agreement will come into force in accordance with section 10 of the schedule.
Please accept, Mr. President, the expression of my high consideration.
Thomas Fatome
Director of Social Security
Montpellier, 1 December 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 26 November 2014 specifying the terms and conditions for a social security agreement between the Government of the French Republic and the Consortium of International Agricultural Research Centres (Consortium CGIAR).
I have the honour to inform you that your letter annexed to the Social Security Agreement, as well as your proposal that the Social Security Agreement and my response constitute the agreement between the French Government and the Organization, is my approval.
Please believe, Mr. Director of Social Security, in the expression of my high consideration.
Carlos Pérez del Castillo
Chairman
CGIAR Consortium
Annex
AGREEMENT OF SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE CONSORTIUM OF THE INTERNATIONAL CENTERS OF AGRICOLE RESEARCH
The Government of the French Republic and the Consortium of International Agricultural Research Centres,
Considering the agreement between the Government of the French Republic and the Consortium of International Agricultural Research Centres on the establishment of the Consortium's headquarters in France and its privileges and immunities on French territory, signed in Montpellier on 4 March 2013 (hereinafter the "seat agreement");
Considering Article 19 of the said Agreement, under which the Consortium of International Agricultural Research Centres, in the case of establishing 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 General and the members of its staff referred to in Annex B of the Agreement, exempt from the mandatory contributions corresponding to the French social security regime, subject to the agreements to be concluded
Considering that the Consortium of International Agricultural Research Centres (hereinafter "the Organization") has established an autonomous system of social protection (health and retirement insurance) for its staff members;
The following provisions were agreed:
I. General provisions
Article 1
Exemption from contributions and contributions to the French regime
The Organization and its staff members as defined in Annex B to the Headquarters Agreement shall be exempted from the contributions and contributions of the French social protection regime under the conditions set out in this Agreement.
Article 2
Application of exemptions and contributions to Organization staff
1. The Organization and its staff members set out in Annex B of the headquarters agreement are exempt from contributions and contributions to mandatory French social security plans only with respect to their income from their activity with the Organization.
The staff members mentioned above and their rights holders do not benefit from the corresponding benefits provided by French legislation and regulations as a result of their employment by the Organization.
2. Other staff members of the Organization are affiliated with the mandatory French social security regimes under the conditions of common law.
The Organization shall, for staff members mentioned 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. - Right of option
Article 3
Right of option of persons affiliated to the French regime
A member of the staff set out in Annex B of the Headquarters Agreement, affiliated with a French social security regime on the date of entry into force of this Agreement, who declares to renounce the autonomous regime of the Organization continues to benefit from the French regime. In this case, its affiliation is governed by section 2, paragraph 2.
Article 4
Exercise of the right of option
1. The persons referred to in section 3 shall make known their option to maintain their affiliation with the French regime within six months of the coming into force of this Agreement.
2. This option is communicated to the Organization.
3. People who use the right of option make their decision known simultaneously to the primary health insurance fund to which they are affiliated.
III. - Acquired rights
Article 5
Staff members who do not opt for the French regime
Staff members who have not opted for the maintenance of their membership in the French regime cease to benefit from the French regime from the date of their membership in the Organization's regime and, at the latest, after the six-month period referred to in paragraph 1 of section 4.
Article 6
Maintenance of acquired health-care benefits
1. In-kind benefits outside the hospitalization of the health-care insurance of the French regime are reimbursed as long as the date of dispensation of the care or delivery of medications and other supplies is earlier than the date of exit of the French regime.
2. In the case of hospitalizations or stays in similar institutions: if the person concerned is hospitalized prior to his or her departure from the French regime and the hospitalization ends at a date when he or she is affiliated with the Organization's regime, it is agreed that each of the two regimes will take charge of the period during which the person is affiliated with his or her plan.
3. In the case of daily sickness or maternity allowances, in the event of a work order extending before and after the French regime has been released, the allowances shall be borne by the latter only until the last day before the person concerned has been released from the said plan.
Article 7
Maintenance of occupational accident and disease entitlements
The rules set out in section 6 apply by analogy.
IV. - Final provisions
Article 8
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 General of the Organization through negotiation.
Article 9
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 10
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 30, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
