Key Benefits:
Publics concerned: users and staff of higher education and research institutions and research organizations members of the community of universities and institutions (COMUE) "University Burgundy - Franche-Comté".
Subject: creation of the public institution with a scientific, cultural and professional character "University Burgundy - Franche-Comté" and approval of its statutes.
Entry into force: the text comes into force on April 1, 2015.
Notice: this decree creates the COMUE and approves its statutes, in accordance with theArticle L. 718-8 of the Education Code. The establishment is composed of the following members: the National Higher School of Mechanics and Microtechnics of Besançon, the Graduate School of Commerce of Dijon, the National Higher Institute of Agricultural Sciences, Food and the Environment, the University of Burgundy, the University of Franche-Comté and the University of Technology of Belfort-Montbéliard.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of National Education, Higher Education and Research,
Vu le education codeincluding articles L. 718-7 to L. 718-15;
Having regard to the deliberations of the boards of directors or bodies in place of the member institutions;
In view of the advice of the technical committees or bodies taking place in the place of the member institutions;
Considering the opinion of the National Council for Higher Education and Research of 24 November 2014;
Considering the advice of the National Council for Higher Education and Agricultural, Food and Veterinary Research of 3 December 2014,
Decrete:
The "University Burgundy - Franche-Comté" is a public institution of a scientific, cultural and professional character constituted in the form of a community of universities and institutions, as defined in the articles L. 711-1 and L. 711-2 Education code.
The statutes of the "University Burgundy - Franche-Comté", annexed to this decree, are approved.
This Order comes into force on the first day of the month following its publication.
The Minister of National Education, Higher Education and Research, the Minister of Finance and Public Accounts, the Minister of Agriculture, Agri-Food and Forestry, spokesperson for the Government, and the Secretary of State responsible for the budget are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Annex
STATUS OF THE PUBLIC APPROACH TO SCIENTIFIC, CULTURAL AND PROFESSIONAL CHARACTERIES "BOURGOGNE UNIVERSITY - FRANCHE-COMTÉ"
Preamble
The relations between Burgundy and Franche-Comté are part of history, contributing, beyond their respective specificities, to forge the common identity of this vast territory. It is also inserted in a unique geographical area, at the strategic crossroads of the Paris Basin and the Rhine axis of the east, the Alsace-Lorraine and the Rhône-Alpes region of the north to the south. Its common border with Switzerland is also, at the geopolitical level, a considerable asset for the international opening to which the grouping of higher education institutions of Burgundy and Franche-Comté aspires.
The collaborations between these establishments are themselves old and have intensified significantly over the last ten years: they have allowed them to build close links that, today, lead them to join in a project whose ambition and level of achievement justify an institutional translation. It takes the form of a "community of universities and institutions" (COMUE) within the meaning of the Act of July 22, 2013 on higher education and research.
Such a movement is, first of all, part of the global context of the development of "knowledge societies", which sees to open the space of higher education and research: this evolution affects middle-sized institutions, a fortiori in regions whose demographics and economic weight are themselves medium, the need to gather their forces to maintain, from the doctoral license, an offer of multidisciplinary training of the best possible quality, At the national level, this institutional grouping - which participates in the ongoing territorial reform - also aims to restore the historical fragmentation of higher education and research in France (universities, schools, research organizations) and to facilitate both the coherence and the reading, by citizens, of the public service of higher education.
The new public institution federates ab initio several types of establishments, which together will bring a diversified, complementary and coordinated offer of higher education and research:
1° Two pluridisciplinary universities with health: the University of Burgundy (UB) and the University of Franche-Comté (UFC) mail, through their respective settlements, the entire territory of Burgundy - Franche-Comté (Auxerre, Belfort, Besançon, Chalon-sur-Saône, Dijon, Le Creusot, Lons-le-Saunier, Mâcon, Neverélis
2° A university of technology and engineering and management schools, with national and international visibility: the University of Technology of Belfort-Montbéliard (UTBM), the National Higher School of Mechanics and Microtechnics of Besançon (ENSMM), the National Higher Institute of Agricultural Sciences, Food and the Environment (Agrosup Dijon) which reports to the joint supervision of the Ministry responsible for Agricultural Sciences
The community of universities and institutions, known as the Burgundy - Franche-Comté (UBFC), will be able to see its scope widen in accordance with a principle of territorial equilibrium excluding any disproportion between Burgundy and Franche-Comté in the number of member institutions.
In addition, it could be associated with its project in various forms, including:
1° Several major national research organizations, thanks to the implantations in the territory of the National Centre for Scientific Research (CNRS), the National Institute for Agroomic Research (INRA), the National Institute for Health and Medical Research (INSERM), the Office of the Atomic Energy Commissioner (CEA), the Geological and Mining Research Office (BRGM) and the French Institute of Transport Sciences and Technologies (IFTT)
2° The National School of Arts and Crafts (ENSAM), a national institution that includes a campus in Cluny and an institute in Chalon-sur-Saône;
3° Art schools, with the Ecole nationale supérieure d'art de Dijon (ENSA) and the Institut Supérieur des beaux-arts de Besançon (ISBA);
4° A school in the Ministry of Justice, the National School of Registry in Dijon;
5° The School of Technology and Business of Belfort (ESTA);
6° A college of political science in the form of a European campus in Dijon;
7° The Regional Higher Institute of Educational and Social Work of Burgundy (IRTESS);
8° The Regional Institute of Social Work of Franche-Comté (IRTS).
The shared project at the service of which UBFC is constituted has a ambition marked by the issues of research, a desire to display a strategy of scientific excellence through major areas of differentiation that identify our regions: founding institutions delegate to UBFC, ab initio, the coordination of strategies of their research structures. UBFC will assign to these research structures their recurring operating credits, thus expressing a clean scientific policy, materialized by a joint scientific signature. This transfer is part of the coherence of the grant, by UBFC, of the doctorate and of the authorization to conduct research (HDR): the doctoral schools, already merged, will be exclusively within the community of universities and institutions that will define its doctoral policy and its HDR policy and will have a doctoral college for their implementation.
This project is also, in an essential way, that of the progressive development of the training offer, by the attention given, on the one hand, to public service missions that are those of UFCs, and on the other, to the research/training/valorisation links that must characterize the activities of any public higher education institution.
First of all, it is important to remember that high school students are at the source of all efforts to build a new public higher education institution. UBFC will ensure the coherence - and visibility - of the interregional map of training, one of the expected benefits of the consolidation that COMUE operates to allow the sharing of a part of the training offer of member institutions, in particular to keep sectors in difficulty thanks to the pooling that would prove to be essential. This joint presentation will express the multidisciplinarity, from the doctorate to the doctorate, to which the two universities involved in this project, in the interest of high school students and students. The means put at the service of their professional integration will also be strengthened, directly at the community level. Finally, UBFC will work on the attractiveness of the campuses of the two regions, in particular thanks to the harmonization and improvement of access to documentary resources, thanks to the realization of a unique device of "multi-service map" and thanks to the already extensive rapprochement of the two regional centres of academic and academic works (CROUS), Burgundy and Franche-Comté.
On the scientific basis previously stated and to meet the needs of the two regions, UBFC will contribute to the strategic development of the innovation economy, which requires the strengthening of the link between "knowledge" and "doing": the construction of a new institutional model, which sees interdisciplinary universities and specialized schools, provides the opportunity to rethink the organic and functional link between research and training, and to evolve This is how UFCB will rely on research, a key element of its development project, to define original thematic fields within which will create the expected synergy between research, training and valorization.
To this end, the thematic clusters will be formed within UFCs, which will emerge, by the strong proposal of teachers-researchers and researchers, not only scientific projects but also educational projects that will be closely linked to them. These projects will not only support economic and social development by responding, as is necessary, to the current needs of administrations, companies, associations and the market: they will stimulate it, by raising the creation of tomorrow's trades, as soon as they have favoured the conditions of innovation themselves.
A first pole, in the field of engineering and management, is already ready to operate, bringing together in the same dynamic the forces of the two multidisciplinary universities, the University of Technology and the engineering and management schools members of UFCB. Other poles will be able to form, by taking anchorage in other areas such as health or social sciences, with the same aim of structureing and strengthening the links between research, training and valuation. This development line will be one of the keys to the action of the UFC Academic Council.
Functional hubs around research, training and valuation can also be established, for example, bringing together those responsible for these sectors of activity in different member institutions.
These main elements of the project shared by UBFC's founding institutions express a site strategy, which reinforces the porting by UBFC of the structuring projects for higher education and research in Burgundy - Franche-Comté: in particular, the community will carry the "Projects of Future" involving its members. It will bring and ensure the political leadership of the "I-Site" project for which UBFC has decided to prepare an application as soon as the next call for applications "initiatives of excellence" will be published. It will also coordinate the internationalization policy of higher education and research in Burgundy - Franche-Comté, for an international visibility of its activities and those of its members.
It is thus through an ambitious and coherent policy of higher education, research and innovation that UFC intends to be displayed as an engine in the territories of Burgundy and Franche-Comté, as a lever of their national and international attractiveness. It is in the various balances that the statutes of UFCs - between the territories, between its universities and its schools, between its higher education institutions and research organizations, between the academic world and the socio-economic world - that the dynamism of Burgundy - Franche-Comté in the heart of Europe of the twenty-first century, in the service of its youth must be conceived.
Article 1
Legal nature and identity
Université Bourgogne - Franche-Comté (UBFC), a scientific, cultural and professional public institution, is a "university community and institutions" within the meaning of theArticle L. 718-7 of the Education Code.
Article 2
Composition of the grouping
The grouping includes the community of universities and institutions, as well as its associates.
UBFC members are:
- the University of Burgundy (UB) ;
- the University of Franche-Comté (UFC) ;
- the University of Technology of Belfort-Montbéliard (UTBM);
- the Ecole nationale supérieure de mécanique et des microtechniques de Besançon (ENSMM);
- the National Institute of Agricultural Sciences, Food and the Environment (Agrosup Dijon);
- the Ecole Supérieure de Commerce de Dijon (ESC Dijon).
The schedule to these Regulations specifies, for each higher education and member research institution, the components for which it is a member of UFCB. The list of research and training structures for members involved in UBFC is set out in the rules of procedure.
New members can join UBFC. Their candidacy is accepted by its board of directors following a vote by an absolute majority of the members in office, after favourable advice from the council of members with a qualified two-thirds majority.
No member may leave UBFC during site contract. Any withdrawal must be notified to the President no later than eighteen months before the expiry of the site contract being executed. The terms and conditions of the withdrawal are subject to deliberation by the board of directors.
A member of UFCB may be excluded from the community of universities and institutions if it fails to fulfil its obligations to it and that its breaches threaten the good performance of UFCB missions or if it acts in manifest violation of UFCB principles and values. Any exclusion requires a favourable opinion from the board of members by a two-thirds majority and a deliberation of the board of directors taken by an absolute majority of the members in office.
Article 3
Associations and cooperation
Under territorial coordinationArticle L. 718-2 of the Education Code, UBFC is intended to welcome, under association conventions within the meaning ofArticle L. 718-16 of the Education Codeother institutions involved in the public service of higher education and/or research established in Burgundy or in Franche-Comté.
Nominations to an association are reviewed against criteria related to site policy and shared project. They are subject to a vote by the Board of Directors of UBCF, after a reasoned opinion from the Board of Members.
UBFC also engages in cooperation with other institutions providing a training mission and/or research organizations in France and abroad as well as with associations and foundations recognized as public utility. It can participate in various educational, scientific and technological groups.
Article 4
Geographical location
UBFC's seat is in Besançon. It houses the offices of the President, the Director General of Services, the firm and their secretariat.
UBFC sites are those on which activities of member establishments are carried out in Burgundy and Franche-Comté.
UBFC can also implement part of its activities in other areas of national territory and abroad.
Article 5
General
UBFC, a stand-alone and multidisciplinary public institution, provides national public service missions in accordance with theArticle L. 711-1 of the Education Code.
The exercise of his missions is all impregnated by the double requirement:
1° Quality of service rendered to users;
2° The relevance of the proposed work organization to the staff.
Article 6
Types of mission
In keeping with the principles of subsidiarity and proximity and within the framework of the shared project, UBFC:
1° Conducts missions transferred to it by its members and those led by their implementation.
These competencies are fully exercised by the COMEU, both in terms of decision-making and the allocation of means and implementation;
2° Coordinates the activities and services of its members with a view to strengthening their coherence and complementarity, including through the establishment of thematic and functional hubs, the content of which is specified in the rules of procedure.
Coordination is defined as the consensual search for collaborations, synergies and harmonizations that constitute an added value for the COMUE and its members, serving the strategic axes of the COMUE. It involves the regular information of the appropriate UBFC bodies on actions and projects related to the area of jurisdiction. The full exercise of jurisdiction is maintained in each member institution both in terms of decision-making and the allocation of means and implementation.
Article 7
The initial shared project
As of the date of its establishment, UBFC carries out the following missions.
1° Under the site strategy:
(a) Jurisdictions transferred:
- the preparation and ratification of the draft multi-year site, and the preparation of the multi-year contract that UFC concludes with the State in accordance with theArticle L. 718-5 of the Education Code. UBFC ensures the implementation of this contract;
- the porting and coordination of structuring projects for higher education and research in Burgundy - Franche-Comté, in particular the "projects “Investissements d'avenir” involving together the institutions members of UFCB;
(b) Coordinated skills:
- the coordination of a digital policy in Burgundy - Franche-Comté, in connection with those of the member institutions, in accordance with theArticle L. 718-9 of the Education Code ;
- the impulse and coordination of a policy of internationalization of higher education and research in Burgundy - Franche-Comté;
- the coordination of a cultural policy in Burgundy - Franche-Comté, in connection with those of the member institutions;
- coordination of cross-cutting actions related to student life and disability situations;
- the coordination of a communication policy in Burgundy - Franche-Comté, in connection with those of the member institutions;
2° As part of training and professional integration:
(a) Jurisdictions transferred:
- the definition and implementation of doctoral policy and enabling policy to lead research;
- the porting of accreditation;
- the registration of PhD students and candidates for the empowerment to lead research;
- the distribution between the COMUE doctoral schools of state doctoral contracts, whose holders remain managed by the member institutions;
- the organization of doctoral training;
- the appointment of the jury;
- the issuance of the doctoral degree and empowerment to conduct research;
- the professional insertion of doctoral students;
- the promotion of UBFC's doctorate: UBFC has a doctoral college, whose role and operating procedures are determined by the rules of procedure;
- the display of a lifelong training offer, at the inter-region level, carried out either by UBFC or by one or more member institutions;
(b) Coordinated skills:
- the coordination of training offers of member institutions, with a view to the coherence of the interregional map of training, in accordance with theArticle L. 718-2 of the Education Code.
Each of the COMUE member institutions mentions, on all of the diplomas it issues, its membership in UBFC;
- the promotion of student entrepreneurship;
(c) Clean skills:
- in accordance with provisions of section L. 613-2 of the Education Code, UBFC can issue diplomas that are specific to it;
3° In terms of research and valuation:
(a) Jurisdictions transferred:
- ventilation to the research structures of the member institutions on the part of the operational staffing that each of them devotes to it, in accordance with the possible flueches of the guardianship ministries;
- the signature of scientific production from PhD students enrolled in UFC's doctoral schools as well as members' staff. This scientific signature first mentions "University Burgundy - Franche-Comté" ;
(b) Coordinated skills:
- coordination of scientific strategies of the research structures of member institutions;
- the coordination of the scientific edition;
(c) Clean skills:
- the creation of research structures, clean or associated;
- the conclusion of partnerships with national and international research bodies;
- the valorization of the results of research to meet the economic, social, cultural and sustainable development needs, with the support of existing devices such as, for example, the technology transfer acceleration company (SATT) Grand-Est, the Carnot Institutes and the technological research institutes.
These competencies and missions are primarily, and as a matter of priority, based on the staff resources of the member institutions, in accordance with the terms and conditions agreed between the member institutions and CFUs.
In addition, UBFC conducts, on its own behalf, all actions within the competence of a public institution of a scientific, cultural and professional character, in the service of the project shared by its members.
Article 8
Rights and freedoms
In carrying out its duties, UBFC is particularly committed:
1° Respect and promotion of academic freedoms and in particular freedom of research and teaching, freedom of information and expression;
2° To defend the rights of all personnel and users;
3° To the values, principles and interests of public service;
4° To safeguard public freedoms.
Article 9
General Organization
UBFC is administered by a board of directors, assisted by an academic council and a board of members. It is headed by an elected president.
UBFC includes an administration under the authority of a Director General of Services, whose organization and operation are defined by the Board of Directors.
Article 10
The composition of the board of directors
The Board of Directors of UFCB consists of forty-four members distributed as follows:
1° Six representatives of UFCB members, on the basis of a representative of each member, designated by the member's establishment on the terms and conditions determined by the member;
2° Twelve representatives elected by direct suffrage from professor-researchers, teachers and researchers in UBC or within a member or both elected in two separate colleges as defined in the UBCArticle D. 719-4 of the Education Code :
(a) Six representatives under College A or equivalent;
(b) Six representatives under College B or equivalent;
3° Six representatives elected by direct suffrage from other staff members in UFCs or within a member or both;
4° Six representatives elected by direct suffrage from users who attend training in UBC or in a member;
5° Fourteen external personalities, including:
(a) Four qualified personalities designated jointly by the members referred to in 1°, under the 2° of Article L. 718-11 of the Education Code :
- two of the staff of partner research organizations;
- two chosen among the staff of public health institutions, one from Burgundy and the other from Franche-Comté;
(b) Ten representatives of companies, territorial authorities, public inter-communal cooperation institutions and associations under the 3° of Article L. 718-11 of the Education Code :
- two representatives from the regions, one representing the Regional Council of Burgundy and the other representing the Regional Council of Franche-Comté;
- four representatives of urban agglomerations, of which two represent towns of Burgundy and the other two of the towns of Franche-Comté;
- two representatives of regional economic, social and environmental councils (CESER), one representing the CESER of Burgundy and the other the CESER of Franche-Comté; one represents the union organizations of employers, the other represents the union organizations of employees;
- two business representatives designated after deliberation of the board of directors on proposal of the representatives mentioned at the 1°, one representing a company of Burgundy and the other a company of Franche-Comté.
For elected members, each list of candidates is necessarily composed, alternatively:
1° A candidate from the University of Burgundy, a candidate from the University of Franche-Comté and a candidate from another member institution, in an indifferent order;
2° A candidate for each sex.
The election is carried out, for all staff and users representatives, by a ballot with proportional representation to the strongest remaining, without the possibility of incomplete lists or dressing. The other electoral provisions are set by the rules of procedure.
Representatives of companies, territorial authorities, public institutions of inter-communal cooperation and associations are designated by the institutions concerned in accordance with the manner in which they determine. The parity between women and men appreciates, in accordance with regulatory provisions of the Education Code, on all these external personalities.
Article 11
The terms of reference of the Board members
The term of office of the board of directors is four years, with the exception of that of the representatives of the users, set at two years.
When a member of the board of directors loses the quality for which he or she has been appointed or when his or her seat becomes vacant for any cause, a new director shall be designated for the remainder of the term to be carried out under the conditions set out in the rules of procedure.
Article 12
The competence of the board of directors
The Board of Directors determines the policy of UFCB and ensures its implementation.
In this capacity, it deliberates, inter alia, on:
1° The common part of the multi-year settlement contract with the State;
2° General organization and operation of UFCB;
3° Membership of new members;
4° Exclusion of a member;
5° Terms and conditions for withdrawal of a member;
6° The association, as part of theArticle L. 718-2 of the Education Codea higher education institution, a research organization or an organization involved in the missions of the public service of higher education or research, and the adoption of the association agreement, after the advice of the members;
7° The budget and its amendments, the financial account and the allocation of results;
8° The rules of procedure and its amendments;
9° General terms and conditions of employment of staff;
10° Digital issues and resources;
11° Acquisitions, alienations, exchanges, leases and leases of buildings;
12° The alienation of movable property;
13° Acceptance of gifts and bequests;
14° Participation in organizations with moral personality;
15° Participating and the creation of subsidiaries;
16° The conventions;
17° Legal actions, transactions and the use of arbitration in cases of disputes arising from the execution of contracts with foreign agencies;
18° The annual activity report, the social balance sheet and the disability master plan;
19° The recommendations of the academic council having a financial impact;
20° The proposal to the Minister responsible for higher education of any changes to these statutes;
21° The designation of a member higher education institution whose disciplinary section is competent to examine the facts leading to prosecutions by teachers-researchers, teachers or users, at COMUE premises and premises.
The Board of Directors may establish any commission that the Board considers useful or proposed by the Chair. It designates its members and defines their mission.
The board of directors may delegate to the president part of its powers under points 11°, 12°, 13°, 16° and 17° above. The Chair may also receive delegation to make the budget changes:
1° The purpose of which is not to increase expenditures or transfers of credits between the operating, personnel and investment chapters;
2° The purpose of which is to allow the execution of conventions, in accordance with the overall balance.
The Chair shall report, at least twice a year, on the decisions he has made under these delegations.
The Board of Directors elects the Chair of UFCB and a Vice-Chair on Digital Issues and Resources. It approves the designation by the Chair of the Delegate Vice-Chairs.
Article 13
The composition of the academic council
The academic council of UFCB comprises seventy-eight members as follows:
1° Thirty-six representatives elected by direct suffrage from professor-researchers, teachers and researchers in UBCV or a member or both of them:
(a) Eighteen representatives of university professors and similar staff, or equivalent;
(b) Eighteen representatives of other professor-researchers, teachers and researchers and similar or equivalent staff;
2° Nine representatives elected by direct suffrage from other staff members in UFCs or within a member or both;
3° Fifteen representatives elected by direct suffrage from users who attend training in UBCV or a member, including six PhD students;
4° Six representatives of UBFC member institutions;
5° Twelve external personalities including:
(a) Two representatives from the regions, one representing the Regional Council of Burgundy and the other representing the Regional Council of Franche-Comté;
(b) Two representatives of the CROUS, one representing the CROUS of Burgundy and the other representing the CROUS of Franche-Comté;
(c) Two representatives of public health institutions, one from Burgundy and the other from Franche-Comté;
(d) Four representatives of the socio-economic world including two representatives of the competitiveness clusters located in the territory of Burgundy - Franche-Comté;
(e) Two qualified personalities under their scientific competence, designated intuitu personae by the president of UBFC after advice from the members' council.
For elected members, each list of candidates is necessarily composed, alternatively:
1° A candidate from the University of Burgundy, a candidate from the University of Franche-Comté and a candidate from another member institution, in an indifferent order;
2° A candidate for each sex.
The election is carried out, for all staff and users representatives, by a ballot with proportional representation to the strongest remaining, without the possibility of incomplete lists or dressing. The other electoral provisions are set by the rules of procedure.
External personalities are designated in accordance with the obligation to ensure parity between women and men. This parity is appreciated, in accordance with regulatory provisions of the Education Code, on all external personalities sitting in the council. External personalities other than qualified personalities are designated by the institutions concerned in the manner they determine.
Article 14
The mandate of the members of the academic council
The term of the members of the academic council is four years, with the exception of that of the representatives of the users, set at two years.
When a member of the academic board loses the quality for which he or she has been appointed or when his or her seat becomes vacant for any cause, a new member shall be designated for the duration of the remaining term, under the conditions established by the rules of procedure.
Article 15
The skills of the academic council
The Academic Council shall, for the competencies transferred to UBFC, exercise the role envisaged in theArticle L. 712-6-1 of the Education Code.
It gives its opinion on the shared project and on the common part of the multi-year contract mentioned, respectively, in articles L. 718-2 and L. 718-5 of the same code.
In order to prepare its opinions, the academic council may organize itself in commissions.
The academic council elects, in its midst, its president with the absolute majority of the votes cast, during a uninominal election with two rounds. It is responsible for structure and strengthen the training/research/valorization links within UBFCs as in the relations between UBFC and its member institutions.
Article 16
Membership composition
The members' council is composed of a representative of each member institution:
1° From the president of the University of Burgundy (UB) ;
2° President of the University of Franche-Comté (UFC);
3° Director of the University of Technology of Belfort-Montbéliard (UTBM);
4° Director of the National School of Mechanics and Microtechnics of Besançon (ENSMM);
5° The Director General of the National Institute for Agricultural Sciences, Food and the Environment (AgroSup Dijon);
6° From the Director of the Dijon School of Commerce (ESC Dijon).
Everyone can be represented.
The Chair of the Board of Directors of UFCB and the Chair of the Academic Council are invited to the meetings of the Council of Members with an advisory vote.
Article 17
Members' Council competencies
The Council of Members shall have an advisory role. He assists the Chair and the Board of Directors in the implementation of the UFC strategic project. It is associated with the preparation of the work and the implementation of the decisions of the Board of Directors.
It may be seized by the president, on any matter of his choice, as well as by the board of directors and by the academic council. He himself may submit to the Board of Directors and to the Academic Council any matter relevant to their competence.
The Council of Members is obligatoryly consulted, prior to the presentation to the Board of Directors for deliberation, on:
1° The definition of the shared projectArticle L. 718-2 of the Education Code ;
2° The signing of the multi-year contract referred to in Article 718-5 of the Education Code;
3° The adoption of the UBFC budget;
4° General guidance and UFC's strategic development plan.
A notice of the board of members is required to:
1° The adoption of the common component of the multi-year site contract;
2° Any modification of the statutes;
3° Adoption or amendment of the rules of procedure;
4° The association of a higher education institution or a research organization or an organization involved in public service missions of higher education or research.
Other opinions, including the budget proposal, are simple opinions.
Article 18
Meetings and voting rules
The Council of Members shall meet at least three times a year, at the convocation of its President, who shall determine its agenda. It is also convened at the request of at least one third of its members on an agenda determined in accordance with the terms and conditions specified in the rules of procedure.
It is chaired by the Chairman of the Board of Directors of UFCs, who, however, does not have a deliberate vote. When the chair cannot preside over a meeting of the board, his or her functions shall be performed by one of the members of the board under the conditions referred to in the rules of procedure.
Council members may give power to another board member. No one can carry more than one proxy.
The Board shall meet validly if at least half of its members are present or represented. If the quorum is not reached at the opening of the session, the board will be reconvened on the same agenda within one week. It then meets validly, regardless of the number of members present or represented.
Each member serving on the board has a voice.
Counsel's advice is obtained by a simple majority of its members present or represented. However, a qualified majority of two-thirds of the members of the board shall render the following notices:
1° Approval of the common part of the multi-year contract with the State;
2° The approval of any statutory amendment including the accession of new institutions, the withdrawal or exclusion of a member, and their consequences, on the one hand, and, where appropriate, the creation of a component by the board of directors, on the other.
Article 19
The designation of the president
The president is elected by the board of directors, by an absolute majority of the votes cast, among the teachers-researchers, researchers and all other assimilated personnel of the member institutions, without condition of nationality.
The functions of President are incompatible with:
1° Member of the academic council of UFC;
2° Member of the board of directors of a member institution;
3° Member of the academic council of a member institution;
4° Director of a UFC component or a member institution;
5° Director of a school or institute, or any other internal structure, UFC or a member institution;
6° An executive officer of any scientific, cultural and professional public institution or of any of its internal components or structures.
Rule 20
The term of office of the president
The term of office of the President, for a period of four years, expires on the expiry of the term of office of the elected representatives of the board of directors. It's renewable once.
In the event that the President ceases to serve, for any reason, a new President shall be elected for the term of office of his remaining predecessor.
Article 21
The president's skills
The president runs the facility. As such:
1° He chairs the board of directors, prepares and executes its deliberations;
2° It prepares and implements the multi-year site contract;
3° It represents UBFC in respect of third parties and in court, concludes agreements and conventions;
4° He is an orator of UFCB revenues and expenditures;
5° He has authority over UBFC personnel; it affects library staff, engineers, administrative, technicians, social and health (BIATSS) in the various services of UBFC;
6° He appoints the various panels for UBFC-specific trainings and for the recruitment of clean staff;
7° He is responsible for maintaining order and security in the UBFC compound;
8° It exercises, on behalf of UFCB, the management and administration skills that are not assigned to another authority by law or regulation;
9° It ensures the accessibility of teachings and buildings to persons with disabilities, students and UFC staff.
The President may delegate his signature to elected members of the office over the age of eighteen, to the Director General of Services, and to designated officials to serve as responsibilities within the COMUE and placed under its authority, as well as to cases involving the components, research units and joint services of UFCB to their respective officials.
Article 22
Office
The president is assisted by an office.
Members of the Bureau, in addition to the Chair:
1° The President of the Academic Council;
2° The elected vice-president responsible for digital issues and resources;
3° Delegate Vice-Chairs, whose appointment by the Chair is approved by the Board of Directors, including a Vice-Chair from the College of Library Personnel, Engineers, Administrative, Service and Health Technicians and a Vice-Chair from the College of Users.
The Director General of Services and the President's Executive Director attend the office meetings.
The office may hear any person who may clarify it on a particular issue.
Article 23
Provisions applicable
The COMEU is subject to the provisions of the articles L. 719-4, L. 719-5 and R. 719-51 the Code of Education, as well as the provisions of Article L. 719-9 of the same Code relating to a posteriori financial control.
Article 24
Resources
UFCS resources include:
1° State allocations;
2° The contributions of its members;
3° Public subsidies;
4° tuition fees and registration fees for UBFC training courses;
5° Financial participation in operating expenses and equipment paid by private, legal or physical persons, public authorities or international organizations;
6° Products of the learning tax for training provided by UBFC;
7° Products of participation in ongoing training specific to UBFC;
8° Resources obtained for participation in national or international research programmes specific to UBFC;
9° Compensation for UBFC-specific service benefits;
10° Resources from conferences and other events organized by UBFC;
11° Contributions freely subscribed by companies under sponsoring conventions or as patronage;
12° The proceeds of disposals of goods, furniture and buildings, rentals of premises, and various sales of UFCB;
13° The product of participations;
14° Generally, any other income authorized by the laws and regulations in force.
Rule 25
Resource diversification
By taking advantage of its territorial anchorage and its privileged links with public authorities as well as with the companies and associations of Burgundy and Franche-Comté, UBFC is implementing a proactive policy to diversify its financial resources.
UBFC relies, in particular, on a foundation to raise funds. UBFC may establish a foundation or several within it, in accordance with the provisions in force.
Rule 26
Expenditure
CFB expenditures include the establishment's own personal expenses, operating and investment expenses, and generally the expenses required for the establishment's operations and missions.
Rule 27
Budget
The initial budget and the corrigenda budgets, subject to the Board of Directors' deliberation, must be balanced in revenue and expenditure.
Rule 28
Accountant
The Accountant Officer shall be appointed by joint order of the Minister responsible for higher education and the Minister responsible for the budget, on the proposal of the President of UFCB.
Rule 29
Advance and revenue regulations
Advances and revenues may be created with UFCs under the conditions provided by the Decree No. 92-681 of 20 July 1992 modified for revenue-based authorities and public bodies' advances.
Rule 30
Revision of statutes
These statutes may be amended by deliberation of the Board of Directors of UFC, after a favourable opinion of the Board of Members rendered by a two-thirds majority.
These amendments are approved by decree.
Rule 31
Rules of procedure
The UFCS rules of procedure specify the terms and conditions for the application of these Regulations.
It is adopted by deliberation of the Board of Directors of UBCF, after advice from the Board of Members.
Rule 32
Transitional period
The statutes come into force from the date of entry into force of this decree
The Council of Members shall be constituted within two months of this publication.
Within the same period, a provisional board of directors shall be established and shall be convened, as follows:
1° Eight representatives of the University of Burgundy;
2° Eight representatives of the University of Franche-Comté;
3° Two representatives of the University of Technology of Belfort-Montbéliard;
4° Two representatives of the National School of Mechanics and Microtechnics of Besançon;
5° Two representatives of the National Institute of Agricultural Sciences, Food and the Environment;
6° Two representatives of the Dijon School of Commerce.
Each institution designates its representatives on the terms and conditions it determines.
Members of the Provisional Board shall elect, under the conditions referred to in Article 19 of these Regulations, a provisional president of UFCB who shall take all necessary measures to the operation of UFCB until the final constitution of the board of directors provided for in Article 10 of these Regulations. The members of the provisional board of directors shall remain in office until the designation of their successors made in accordance with these statutes.
The term of office of the Chair of the Interim Board of Directors is terminated on the date of the first meeting of the Board of Directors, which he calls for the election of the Chair of UFCB.
A transitional budget to ensure the first requirements of the current operation of UFCB is decided by the Provisional Board of Directors, after advice from the Council of Members in accordance with Article 17 of these Regulations.
The Provisional Board of Directors shall, within a maximum period of six months from the publication of these Regulations, adopt a transitional rules of procedure to ensure the sole establishment of the Board of Directors and the Academic Council.
Upon the adoption of the provisional rules of procedure and pursuant to the provisional rules of procedure, the Chairman of the Provisional Board of Directors shall organize:
1° The elections of the directors mentioned in article 10 of the present statutes, within a maximum period of eight months;
2° The elections of the members of the academic council within the same time.
The terms of reference of the directors shall be effective from the first meeting convened for the election of the president of UBFC.
Done on March 11, 2015.
Manuel Valls
By the Prime Minister:
Minister of National Education, Higher Education and Research,
Najat Vallaud-Belkacem
Minister of Finance and Public Accounts,
Michel Sapin
Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
Stéphane Le Foll
The Secretary of State in charge of the budget,
Christian Eckert
