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No. 2005-45 January 25, 2005 Order Amending Decree No. 84-510 Of 28 June 1984 On The Cen

Original Language Title: Décret n° 2005-45 du 25 janvier 2005 modifiant le décret n° 84-510 du 28 juin 1984 relatif au Cen

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NATIONAL EDUCATION , SEARCHING NATIONAL SPACE STUDIES CENTRE , CNES , ORGANIZATION , MISSION , RUNNING , ROLE , COMPETENCE , BOARD OF DIRECTORS , COMPOSITION


JORF No. 21 of 26 January 2005 1353 page
Text N ° 1


DECRET
Decree No. 2005-45 of 25 January 2005 amending Decree No. 84-510 of 28 June 1984 concerning the National Centre for Space Studies

NOR: MENT0500009D ELI: http://www.legifrance.gouv.fr/eli/decret/2005/1/25/MENT0500009D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2005/1/25/2005-45/jo/texte


The Prime Minister,
On the report of the Minister of National Education, Higher Education and Research, the Minister of Defence and the Minister Delegate Research,
Given the code of research, in particular Articles L. 331-1 to L. 331-6;
In the light of the law n ° 83-675 of 26 July 1983 concerning the democratization of the public sector;
In the light of Decree No. 84-510 of 28 June 1984 concerning the National Centre for Space Studies;
In view of Decree No. 99-575 of 8 July 1999 on the procedure for the approval of certain financial decisions of public institutions of the State;
The State Council (section on public works) Heard,
Clipping:

Item 1 Read more about this Article ...


The aforementioned decree of 28 June 1984 is amended as follows:
I.-Article 1 is replaced by the following provisions:
" Art. 1. -I.-The National Centre for Space Studies is under the supervision of the Minister of Defence, the Minister responsible for Space and the Minister responsible for research
II. -The Board of Directors of the National Centre for Space Studies has eighteen members:
" 1 ° Seven representatives of the state, appointed by decree, of which:
-a representative of the Prime Minister;
" -a representative of the Minister responsible for Industry;
" -a representative of the Minister responsible for the budget;
" -a representative of the Minister of Defence;
-a representative of the Minister for Foreign Affairs;
" -a representative of the Minister responsible for research;
-a representative of the Minister responsible for space.
" 2 ° Five members chosen on the basis of their competence, appointed by decree on the proposal of ministers exercising the guardianship of the
. 3 ° Six members elected by employees of the centre in the Conditions laid down in Chapter II of Title II of the abovementioned Act of 26 July
. The term of office of the members of the Administrative Board shall be five years. Members who have died, who have resigned or who are no longer in the position for which they have been appointed or elected are replaced. In this case, the term of office of the new members shall expire on the date on which the term of their predecessors would normally have ceased. The term of office of the members of the Board is free of charge. "
II. Article 2 shall be replaced by the following:
" Art. 2. - The chairman of the board of directors shall be appointed from among its members by order in council of ministers on the proposal of the board of directors and on the report of the ministers exercising the guardianship of the
. The emoluments and The President's allowances shall be determined by joint decision of the ministers responsible for the centre and the minister responsible for the budget. "
III. -Article 3 is amended as follows:
In the second paragraph, the words: Ministers responsible for defence or space or research " Are replaced by the words: " One of the ministers exercising the guardianship of the centre ".
At the end In the third paragraph, the following sentence shall be inserted:
' A member of the Board may be represented at a meeting of the Board by another member to whom he or she has given power of attorney. No member may receive more than one power of attorney. "
The fourth paragraph is replaced by the following:
" The deliberations of the Board shall be taken by a majority of the votes cast; in the case of an equal division of votes, the Chairman shall be preponderant. "
IV. -Article 4 is amended as follows:
The 2 ° is replaced by the following:
" 2 ° Plan of organisation and operation of the centre; rules of procedure of the Scientific Programme Committee; ".
After 13 °, it is Inserted a 14 ° thus written:
" 14 ° Legal actions and transactions. "
In the fifteenth paragraph, which became sixteenth, the words: Ministers responsible for defence or space or research " Are replaced by the words: " The ministers exercising the guardianship of the centre ".
The first sentence of the sixteenth paragraph, Renumbered seventeenth, is replaced by the following provisions: " For the questions referred to at 6 °, 7 °, 9 °, 11 ° and 14 °, the Administrative Board may delegate part of its powers to its President, within the limits of the amounts and in the Conditions that it determines. "
It is added after the last paragraph a paragraph that reads:
" The Management Board may decide to set up an audit committee, setting out the composition, terms of reference and operating procedures. "
V. The first paragraph of Article 5 is replaced by three sub-paragraphs thus written:
" The deliberations of the Administrative Board on the matters referred to in Article 4, 3 and 5 ° shall be enforceable under the conditions laid down by the Decree No. 99-575 of 8 July 1999 on the arrangements for the approval of certain financial decisions of public institutions of the
. The deliberations on the articles referred to in 6 °, 8 ° and 12 ° of Article 4 shall be Executory except opposition of one of the ministers exercising the supervision of the centre or the minister responsible for the budget within one month following receipt of the
. The deliberations on the subject matter referred to in Article 4 shall be Executory except as opposed by one of the ministers exercising the tutelage of the centre or the minister responsible for the economy or the minister responsible for the budget within one month of receiving the minutes. "
VI. -In Article 6, the words: Minister for External Relations " Are replaced by the words: " Minister for Foreign Affairs ".
VII. Article 7 shall be replaced by the following:
" Art. 7. - The President of the Board of Directors shall exercise the general direction of the establishment. It represents the centre of justice and in all acts of civil life, in its dealings with third parties and in international relations. It ensures the preparation and execution of the board's deliberations.
" It is the main authorising officer for revenue and expenditure.
" Subject to the necessary approvals and in the context of the delegations granted by the Board of Directors, including quality for:
" -change to the name of the center all acts, contracts or contracts;
" -make all acquisitions, disposals and transfers of securities as well as all purchases, sales or rentals Buildings;
" -proceed with any acquisition, filing or assignment of a patent or license;
" -represent the centre in court, compromise and compromise on international matters;
" -all borrowing and pledging Or mortgage;
" -determine the use of available funds and the placement of
. It refers to secondary ordering.
" It has authority over all staff, concludes employment contracts, recruits and terminates employment contracts. Agents of all categories.
" He chairs the Central Establishment Committee.
" He may delegate his signature. "
VIII. Article 8 is repealed.
IX. -The last two paragraphs of Article 9 shall be replaced by the following provisions:
" The Scientific Programme Committee shall consist of a maximum of twelve persons chosen on the basis of their scientific or technical competence. These figures, including the chairman of the committee, are appointed for a term of five years, renewable by order of the ministers exercising the supervision of the centre, on the proposal of the chairman of the board of
. Organizational arrangements and The functioning of the Scientific Programme Committee shall be determined by its rules of procedure. "
X. -In the first sentence of Article 10, the words: Ministers responsible for defence, space and research " Are replaced by the words: " Ministers exercising control of the centre ".
XI. -Article 12 is amended as follows:
I.-In the first paragraph, the words: The Ministers responsible for defence, space and research " Are replaced by the words: " To the ministers responsible for the centre " ;
II. -In the second paragraph, the words: Ministers responsible for defence, space and research " Are replaced by the words: " The ministers responsible for the centre ".
XII. Article 13 shall be replaced by the following:
" Art. 13. - A joint decree of the ministers exercising the supervision of the centre and the minister responsible for the budget specifies the details of the financial functioning of the centre and, in particular, determines the role of the accounting officer. The latter shall be appointed by joint order of these Ministers on the proposal of the Chairman of the Centre's Management Board. The accounting officer attends meetings of the board of directors without taking part in the votes. "
XIII. -Article 14 is amended as follows:
In the second paragraph, the words: Ministers responsible for defence, space, research and the economy, finance and the budget " Are replaced by the words: " Ministers exercising the Guardianship of the centre and the minister responsible for the budget ".
In the last paragraph, the words: The Ministers responsible for defence, space and research " Are replaced by the words: " Ministers exercising the guardianship of the centre ".

Item 2 Read more about this Article ...


The President and the members of the Board of Directors in office on the date of publication of this Order shall remain in office until the new Board of Directors is established. Intervene no later than three months from the date of publication of this Order.
The terms of reference of the current members of the Scientific Program Committee shall terminate on the date of entry into office of the new members of the Committee.

Item 3 Learn more about this Article ...


The Minister of National Education, Higher Education and Research, the Minister of Defence, the Minister of Economy, Finance and Industry, the Minister delegated to the Budget and to the Budgetary reform, a spokesman for the Government, and the Minister responsible for research shall each have responsibility for the implementation of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, January 25, 2005.


Jean-Pierre Raffarin


By the Prime Minister:


The Minister of Education National,

higher education

and search,

François Fillon

The Minister of Defence,

Michèle Alliot-Marie

The Minister of the Economy,

Finance and Industry,

Hervé Gaymard

Associate Minister for Budget

and Budget Reform,

Government Spokesperson,

Jean-François Copé

The Minister Delegate for Research,

François D' Aubert


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