Key Benefits:
Publics concerned: interlocutors and staff of the National Institute of Agricultural Research (INRA).
Purpose: Amend the provisions relating to the organization and operation of INRA.
Entry into force: the text comes into force on the day after publication.
Notice: The institution's missions are updated to take into account developments in agricultural research over the past 30 years, particularly in its environmental dimension. Some adjustments in the composition of the Board of Directors allow for a diversified representation of the sectors of agricultural production, development and cooperation, and sectors upstream and downstream. Distance deliberation is now planned. Implementation provisions of Article L. 311-1 of the Search Code from Act No. 2013-660 of 22 July 2013 on higher education and research relating to the process of appointing the leaders of public institutions of a scientific and technological character, the decree specifies the composition and operation of the examination board of candidates. INRA is subject to the general evaluation mechanism adopted by the High Council for the Evaluation of Research and Higher Education. The structural organization of scientific activities is simplified.
References: the decree and the Rural Code and Maritime Fishing that it amends, in its drafting from this amendment, can be found 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 and the Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
Vu le Consumer codeincluding article L. 411-1;
Vu le environmental codeincluding article L. 141-1;
Vu le search codeincluding articles L. 114-3-1 and L. 311-2;
Vu le Rural Code and Maritime Fishingincluding articles R. 831-1 to R. 831-14;
See?Order No. 2014-1329 of 6 November 2014 relating to the remote deliberations of collegial administrative bodies, including articles 2, 3 and 6;
Vu le Decree No. 2006-781 of 3 July 2006 Amending the terms and conditions for the payment of costs incurred by the temporary movement of civil personnel of the State;
Vu le Decree No. 2014-1627 of 26 December 2014 relating to the organization of remote deliberations of collegial administrative bodies;
Considering the advice of the technical committee of the National Institute of Agricultural Research dated 28 May 2015 and 5 June 2015;
The State Council (inland section) heard,
Decrete:
Chapter I of title III of Book VIII of the Rural Code and Maritime Fisheries is amended in accordance with Articles 2 to 12 of this Decree.
Section R. 831-1 is replaced by the following provisions:
"Art. R. 831-1.-I.-The National Institute for Agricultural Research is a national scientific and technological public institution under the joint supervision of the Minister for Research and the Minister for Agriculture.
"II.-The Institute has the task of organizing, executing and coordinating, at its initiative or at the request of the State, all scientific and technological research in the fields of agriculture, food and the environment.
"III.-These research work includes:
« 1° Food security, agricultural production, agro-ecological transition;
« 2° The transformation, consumption and recycling of food and non-food items related to agricultural, agro-industrial and forestry activities;
« 3° Ecosystem environments, resources and services affected by these activities, as well as the health dimensions associated with them;
« 4° The links between these activities and climate change, health, energy, chemistry, sustainable and territorial development.
"IV.-In its field of competence, the institute:
« 1° Produces, publishes and disseminates scientific knowledge resulting from its research and expertise;
« 2° Organizes, in the absence of provisions or clauses to the contrary, free access to scientific data and publications;
« 3° Contributes to the development of national and European research policy and strategy;
« 4° Provides its support for research and research training;
« 5° Contributes, through the valorization of its skills, know-how and research results, to the design of technological and social innovation;
« 6° Contributes to the development of the capacity of scientific expertise and support to recognized foundations of public utility and associations; It supports public policies to address social challenges, including the economic, social and environmental needs related to sustainable development;
« 7° Contributes to the debates on the place of science and technology in society. »
Section R. 831-2 is amended as follows:
1° In a, after the words: "research units" are inserted the words: "or other research or research support trainings";
2° The c is replaced by the following:
"(c) Participate, in France and abroad, in joint actions with State, territorial or other public or private, French or foreign bodies; this participation may result in the establishment by agreement of associated or common research structures that include services or equipment necessary to carry out its missions. »
Section R. 831-4 is replaced by the following provisions:
"Art. R. 831-4.-The Board of Directors of the National Institute for Agricultural Research includes twenty-seven members:
“(a) The president of the institute;
“(b) Nine State representatives, including two appointed by the Minister for Agriculture and seven appointed respectively by the Ministers responsible for research, higher education, industry, budget, health, consumption and the environment. An alternate is designated under the same conditions for each of these members;
“(c) The President of the Scientific Council;
"(d) One of the directors of higher education institutions mentioned at theArticle L. 812-3 of the Rural and Maritime Fisheries Code ;
“e) Six members from the agricultural production, development and agricultural cooperation sector as well as the agriculture, food, biotechnology and environmental industries sector;
“(f) A member of the registered consumer associations mentioned in theArticle L. 411-1 of the Consumer Code ;
“(g) A member from approved environmental protection associations referred to in theArticle L. 141-1 of the Environmental Code ;
“(h) Two members representing the employees of the agricultural sector and the agri-food sector appointed on the proposal of the most representative confederations;
“(i) Five elected representatives of the staff of the establishment; elected representatives shall each have an alternate elected under the same conditions.
"The members of the board of directors other than the representatives of the State and the elected representatives of the staff are appointed by joint order of the Minister for Research and the Minister for Agriculture.
"The directors sit on the board personally. In the event of absence or incapacity, a director may give written authority to represent him to a director of his choice. A director may not hold more than two powers.
"The mandates are four years, renewable once.
"The members of the deceased or resigning board of directors are replaced for the remainder of the term. The same applies to those who, in the course of their term of office, no longer occupy the functions for which they were appointed.
"The functions of a board member are free of charge. However, their travel and living expenses may be reimbursed under the conditions provided for in the regulations applicable to civil personnel of the State.
"The Institute's delegated director(s), the financial controller and the accounting officer attend the sessions of the Board of Directors with an advisory voice.
"The President of the Institute may invite to participate in the meetings of this Council any expert deemed useful according to the agenda. The experts have a consultative voice.
"A joint decision of the Minister for Research and the Minister for Agriculture sets out the terms and conditions for the election, replacement and replacement of staff representatives. »
Article R. 831-4-1 is supplemented by the following sentence:
"This appointment shall be made after a public call for applications made in the form of advice by the Minister for Research, published in the Official Gazette, and the examination of such applications by a committee whose composition and operation are set out in section R. 831-4-2. »
Before R. 831-5, an article R. 831-4-2 is inserted as follows:
"Art. R. 831-4-2.-The Nominations Review Panel referred to in section R. 831-4-1 is composed of four or six personalities chosen because of their competence in the areas of activity of the institution, including a President, appointed by joint order of the Minister for Research and the Minister for Agriculture. It includes an equal number of women and men.
"After reviewing the applications submitted to each of its members by the Minister for Research and the Minister for Agriculture, the Commission selects the candidates it will be hearing, within the limit of six. 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 and the Minister for Agriculture to clarify their choice.
"The list of candidates, nomination papers and panel discussions are confidential.
"The term of office of the members of the commission shall cease forthwith from the date of appointment of the President of the Board of Directors of the Institute under the conditions set out in section R. 831-4-1.
“The members of the commission shall exercise their functions free of charge. However, their travel and living expenses may be reimbursed under the conditions provided for in the regulations applicable to civil personnel of the State. »
Section R. 831-5 is amended as follows:
1° In the second paragraph of article R. 831-5, after the word: "present" are inserted, the words "or represented, or participate in the session by means of telephone or audiovisual conference allowing the identification of these members and their effective participation in a collegial deliberation. » ;
2° After the last paragraph, the following paragraph is added:
"If it is necessary to ensure the proper operation of the facility, a deliberation may be organized on the initiative of the President of the Board of Directors in the form of written electronic exchanges. Deliberation is adopted in accordance with the provisions of Decree No. 2014-1627 of 26 December 2014 on the modalities for organizing remote deliberations of collegial administrative bodies. »
Section R. 831-6 is amended as follows:
1° In 1, before the words: "programs", the words are inserted: "the multi-year contract project envisaged in thearticle L. 311-2 of the search code, ”
2° In 3, the words "in the cases provided for in the fourth paragraph of Article R. 831-7" are deleted;
3° After the 11th, a sub-item is inserted:
"The board of directors may request the proceeding referred to in the proceedingArticle L. 114-3-1 of the Research Code conduct the assessment of the establishment or puts this proceeding in a position to ensure the quality of the assessment, under the conditions set out in 1° of this section. He may also entrust him with the organization of the evaluations of the research units under the conditions set out in 2° of this article, or ask him to ensure the quality of the evaluations conducted by the scientific council by validating the procedure proposed by the scientific council. » ;
4° In the last paragraph, the words: "at 5.8 and 11" are replaced by the words: "at 4.5.8 and 11 and for amounts below a threshold that it sets at 10".
Section R. 831-7 is amended as follows:
1° In the first paragraph, the words: "after receiving the minutes" are replaced by the words: "after receiving them";
2° In the third paragraph, the words "other than public interest groups" and the last sentence are deleted.
After the sixth paragraph of article R. 831-11, it is inserted a paragraph as follows:
"It may conduct assessments of the facility's research units under the conditions set out in the thirteenth paragraph of section R. 831-6. »
Section R. 831-12 is replaced by the following provisions:
"Art. R. 831-12.-Scientific activities are conducted within research units or other research or research support training. These research units and other research and/or research support trainings can be mixed, in connection with other research organizations and higher education institutions.
"These research units and other research or research support trainings can be grouped into research departments that match scientific disciplines or specific issues, purposes and objectives.
"The list of departments is stopped by the president of the institute after the advice of the scientific council. Each research department is headed by a head of department appointed by the president of the institute after advice from the scientific council.
"Under the authority of the president of the institute, the head of department is responsible for animating the scientific life of the units that make up the department and ensuring its proper functioning. It is assisted by a department scientific board and a management board whose members are appointed and the organization is set under the conditions defined by the president of the institute. »
Section R. 831-13 is replaced by the following provisions:
"Art. R. 831-13.-I.-Research units and other research or research support units as well as common services are grouped geographically in research centres.
"The list of centres is stopped by the president of the institute after advice from the board of directors.
"Every centre is placed under the authority of a centre president appointed by the president of the institute and assisted by a council he chairs.
"The president of the centre is mainly responsible for the administration of the centre, the orientation of his collective life, his scientific animation and his partnerships. He is the correspondent of the institute with the regional authorities and with the organizations in the region.
"The centre council is responsible for ensuring the scientific animation of the centre and for deliberating on issues of particular relevance to its operation and development. The terms and conditions for the designation of its members and its organization are determined by a decision of the President of the Institute.
"II.-Research units under the Institute are created, modified or deleted by decision of the President of the Institute, following the advice of the scientific authorities referred to in Article R. 831-11 and, where applicable, jointly with the competent authority of the partner body of the mixed unit.
"The directors of research units are appointed by a decision of the president of the institute and, if applicable, jointly with the competent authority of the partner organization. The maximum duration of a term is five years. No one can direct the same research unit beyond three consecutive mandates.
"III.-Research or research support training other than those mentioned in the II shall be created, modified or deleted by decision of the President of the Institute, if any, jointly with the competent authority of the partner body of the research or support training.
"The officials of these research trainings are appointed by a decision of the President of the Institute, if any jointly with the competent authority of the partner organization. »
The provisions of this decree shall not affect the current mandate of the President of the Institute.
The other members of the board of directors in office on the date of publication of this decree shall be held in office until the establishment of the board of directors under the conditions laid down in this decree. However, the term of office of representatives of elected staff shall run until the expiry of the term. The designations provided for in Article R. 831-4 shall be made within six months from the date of publication of this Order.
The councils established by articles R. 831-12 and R. 831-13 in their drafting by this decree are put in place at the end of the mandates of members of the scientific councils and management boards in office at the date of publication of this decree.
The Minister of National Education, Higher Education and Research, the Minister of Agriculture, Agri-Food and Forestry, spokesperson for the Government, and the Secretary of State for Higher Education and Research are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on November 23, 2015.
Manuel Valls
By the Prime Minister:
Minister of National Education, Higher Education and Research,
Najat Vallaud-Belkacem
Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
Stéphane Le Foll
State Secretary for Higher Education and Research,
Thierry Mandon
