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Decree No. 2006-31 January 5, 2006 With Publication Of The Convention Between The Government Of

Original Language Title: Décret n° 2006-31 du 5 janvier 2006 portant publication de la Convention entre le Gouvernement de

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Summary

Application of Articles 52 to 55 of the Constitution.
Effective 1 September 2005.

Keywords

FOREIGN AFFAIRS , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , ANDORRE , COOPERATION AGREEMENT , TEACHING , FREE , OBLIGATION , MULTILINGUALISM , LANGUAGE , CULTURE , VOCATIONAL TRAINING , HIGHER EDUCATION , STATUS , TEACHING STAFF , EDUCATIONAL FIELD , RUNNING , REPARTITION , EDUCATIONAL INSTITUTION , DELEGUE TO EDUCATION


JORF No. 10 of 12 January 2006 Page 475
Text #3


DECRET
Decree No. 2006-31 of 5 January 2006 on the publication of the Convention between the Government of the French Republic and the Government of the Principality of Andorra in the field of education (set of two annexes), signed in Andorra-la-Vieille on 24 September 2003 (1)

NOR: MYEJ0530102D ELI: http://www.legifrance.gouv.fr/eli/decret/2006/1/5/MAEJ0530102D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2006/1/5/2006-31/jo/texte


The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
Given the Law No. 2005-754 of 4 July 2005 authorising the approval of the agreement between the Government of the French Republic and the Government of the Principality of Andorra in the field of education;
In view of Decree No. 53-192 of 14 March 1953, as amended Concerning the ratification and publication of international commitments entered into by France,
Describes:

Article 1


The Convention between the Government of the French Republic and the Government of the Principality of Andorra in The field of education (together two annexes), signed in Andorra la Vieille on 24 September 2003, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.


C O N V E N T I O N


BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE PRINCIPLE OF ANDORRA IN THE FIELD OF EDUCATION
The Government of the French Republic and the Government of the Principality of Andorra,
Considering, on the one hand, their interest in maintaining education in the Quality provided by the French institutions in the Principality and, on the other hand, their desire to strengthen it in the context of the development of multilingualism the study of the language and culture of Andorra, the basis of the Andorran identity,
Considering that these institutions have, since their establishment, contributed to a public service mission in Andorra,
Given the mutual will of the parties to maintain, develop and deepen the cooperation relations in this field Existing education, particularly in the field of vocational training and higher education,
Given the agreement in the form of an exchange of letters between the two governments signed on 10 April 1997 in Paris for the French part and the 18 April 1997 in Andorra-la-Vieille pour la partie andorrane qui a permis la reconnaissance par la France du diploma andorran d' enseignement secondaire et la reconnaissance Mutual des baccalaureate français et andorran pour l' accès à l' enseignement Superior of both countries,
Wishing to provide teachers with a status that guarantees their rights and clarifies their obligations and provides them with the material and pedagogical resources required to perform their duties,
Have agreed as follows:

  • TITLE I: FRENCH LANGUAGE EDUCATION SYSTEM
    • Chapter I: General


      Article 1


      French educational institutions in the Principality of Andorra contribute to the development of education in the Principality, by providing quality French education in the Principality of Andorra. Respect for Andorran identity.
      They provide their education in accordance with the principle of free and compulsory education in public schools in France.


      Article 2


      These French educational institutions include:
      Primary, kindergarten and elementary schools located in the various parishes
      Lycée Comte de Foix " Which consists of a college, a high school And a professional high school.


      Article 3


      The creation or closure of an educational institution shall be decided by mutual agreement between the two governments after the opinion of the Joint Commission, Article 13 of this Convention.


      Article 4


      To ensure their mission, the French educational establishments of the Principality of Andorra shall use all categories of Public education personnel who depend on the French ministry responsible for national education, whether they are French, Andorran, a Member State of the European Union or any State Party to the Agreement on the Economic Area European.
      In order to carry out their duties, each other must meet the conditions required to carry out their duties in their counterparts in France, in particular to hold the required French titles.


      Article 5


      The staff referred to in Article 4 of this Convention shall be subject to the statutory rules governing them, in particular with regard to appointments, transfers and career management, Reservation of the special provisions laid down in Article 6.


      Article 6


      Nationals of Andorran nationality and nationals of the Member States of the European Union and of any State Party to the Agreement on the European Economic Area lawfully resident in the Principality, which depends, as civil servants, on the French Ministry for National Education shall be given priority upon appointment:
      -on A vacancy in French establishments in Andorra during the first posting in the Principality;
      -in the management functions of primary, kindergartens and elementary schools, subject to compliance with the conditions set out in
      appointment of the Principal of the Lycée Comte de Foix, as well as that of his assistants, shall comply with the same rules as those in force in accordance with Annex I to this Convention. Public institutions of French education. The Government of the Principality of Andorra participates in the definition of the profile of the position of principal.
      These appointments are communicated to the Andorran authorities as soon as the decision has been taken.


      Article 7


      The staff of the institutions referred to in Article 4 of this Convention shall remain in charge of the budget of the French State in respect of the Ministry responsible for national
      . The teaching of the Catalan language, the geography, history and institutions of Andorra, the Andorran Government makes available to the institutions the necessary teachers for which it is responsible and ensures their qualifications. These teachers are under the authority of the heads of the institutions. The modalities of their pedagogical monitoring shall be determined by the Joint Commission.


      Article 8


      The Andorran Government shall make available to the French Government the premises of the primary schools, Maternity and elemental health care and maintenance. The allocation of school premises is the responsibility of the Andorran Ministry of Education. It is decided at a meeting chaired by the Department of Education Systems of this Ministry, with representatives of the various education systems in Andorra.
      The Andorran authorities are involved in the expenditure Operation and equipment of schools. The arrangements for participation shall be fixed after the agreement of the Joint Commission.
      The costs of maintenance and equipment of the Lycée Comte de Foix, established on land assigned by the General Council of the Principality of Andorra in 1971, shall be borne by The French Ministry for National Education. The Andorran Government may participate in the operating costs of this establishment after the agreement of the Joint Commission.
      In the conditions decided previously in the Mixed Commission, the Andorran authorities, in agreement with the Delegate to the Education may make available to institutions of other premises. Also the premises of the Lycée Comte de Foix can be made available to the Andorran authorities. Making the premises available does not result in the surrender of the premises to a party other than its own.


      Article 9


      Health services and Of social assistance in the field of education of the Andorran Government takes on the annual medical examination for the pupils of the institutions and their follow-up.
      French educational institutions follow prevention programmes The
      and social assistance services mentioned above work closely and directly with the Education Delegate

    • Chapter II: Educational area


      Article 10


      French educational institutions in the Principality of Andorra Provide education in accordance with that provided in the public education establishments of the French Republic. This education is sanctioned by French diplomas.
      However, specific training in the Joint Commission can also be sanctioned by andorrans diplomas.


      Article 11

      In
      to ensure the teaching of the Catalan language, the geography, history and institutions of Andorra, education is the subject of the following management measures:
      -the teaching of the Catalan language, the study of which Begins at nursery school and is in depth at the elementary school, receives, in the various cycles of the Lycée Comte de Foix, the status of first language living. In this respect, educational programmes and content are developed by the Andorran Government and transmitted for information to the French Ministry of National Education and for accreditation for the teachings which lead to the issuance of a Diploma;
      -this teaching is fully taken into account in the course of the school curriculum, it is integrated into the evaluation system and sanctioned for obtaining the French diplomas.
      Language teaching schedules Catalan, geography, history and institutions of Andorra are specified in Annex II

    • Chapter III: Administrative structures


      Article 12


      An official, delegated to education, reporting to the French Minister for National Education is appointed in the Principality of Andorra. He is the interlocutor of the Andorran authorities for all questions relating to the French education system in Andorra. He is the interlocutor of the competent services of the Ministry of National Education for the management of the necessary resources.


      Article 13


      The Joint Franco-Andorran Commission for Education Created By the Convention of 19 March 1993 between the Government of the French Republic and the Government of the Principality of Andorra in the field of education is maintained. From an intergovernmental nature, it sits in plenary training or in specialised training.
      In plenary training, it has the task of examining the broad guidelines of the teaching policy of French institutions and of taking Decisions on any important issues in this area. It meets at least once a year alternately in Paris and Andorra and is chaired, depending on the location of its meeting, by the French Minister for National Education or by the Andorran Minister responsible for education
      The French-andorran Joint Commission sits in the Principality of Andorra. It meets at least once a year and is in particular responsible for:
      -ensuring the implementation and follow-up of decisions taken by the Commission's plenary session;
      -dealing with issues of interest to both parties, such as: School transport, school health, infrastructure, educational materials, school year calendar, sports activities, scholarships and school catering and non-teaching staff in schools;
      -ensure The correct application of the provisions adopted with regard to the teaching of the disciplines within the competence of the Andorran authorities.
      The Committee has communicated, on the one hand, the list of personnel retained by the Ministry French responsible for national education, on the other hand, that of the staff that the Andorran Government makes available to French educational institutions to ensure the teaching of the Catalan language, of geography, of The history and institutions of Andorra.


      Article 14


      A school board for each of the French schools as well as a board of directors of the Lycée Comte de Foix allow participation Of all partners in the educational community

    • Chapter IV: Miscellaneous Provisions


      Article 15


      Both parties will continue to work towards mutual recognition between the lessons learned in the French and Andorran education systems, as previously under the Convention of 19 March 1993.


      Article 16


      The French education system benefits from the benefits of other education systems subject to specific adaptations.


      Article 17


      As soon as they are appointed, the French Ministry of National Education and their families under the criteria set out in the Immigration Act are entitled to a valid residence permit. For the duration of their assignment in Andorra. They receive free access to the residence card.
      The Andorran Government is setting up a reception programme to facilitate the integration of teachers belonging to the newly appointed French Ministry of Education.


      Article 18


      Right to organise is granted to personnel under the authority of the French Ministry for National Education assigned to the Principality of Andorra in accordance with the constitutional provisions And legislation in force in Andorra

  • TITLE II: OTHER CO-OPERATION FORMS
    • Chapter I: Professional training


      Article 19


      All vocational training is part of the national vocational training plan which is within the competence of the Government of Andorra and in a Framework of non-competition between the different education systems in Andorra.


      Article 20


      Proposals for the introduction of new training in the French education system are Arrested in the Joint Franco-Andorran Commission in plenary training.


      Article 21


      Both parties can develop joint training sanctioned by a double degree. The arrangements for their implementation, in particular with regard to teachers, languages of instruction, programmes and premises, are decided in the Joint Committee in Plenary.
      These courses welcome pupils from the Different education systems of the Principality.


      Article 22


      Continuing education activities organised at the Lycée Comte de Foix are held by the Joint Franco-Andorran Commission in training Specialized and funded as needed by both parties

    • Chapter II: Higher Education


      Article 23


      Both parties shall, within the limits of their respective powers, promote access to higher education in France for students of the Principality of Andorra
      Relations between the University of Andorra and the French universities with a view to the establishment of training courses leading to the issuance of double degrees.


      Article 24


      The Centre of Toulouse The Institut d' Etudes Andorranes, in relation to universities and other French educational and cultural research organisations, promotes and facilitates access to French higher education, as well as the reception, integration and monitoring of
      Centre d' Information et d' Orientation placed with the Délégation à l' enseignement français develops co-operation in orientation and information with the families of students in the education systems present in Andorra And provides guidance and follow-up to students and students

    • Chapter III: Initial training and continuing education


      Article 25


      Both parties encourage the development of their cooperation in the initial and ongoing training and exchange of teaching staff, as well as in the field of animation and Educational search

  • TITLE III: FINAL PROVISIONS


    Article 26


    Each Party shall notify the other of the completion of the internal procedures required for the entry into force of this Agreement. This shall take effect on the first day of the month following the date of receipt of the last of the notifications. On that date, it repeals and replaces the Convention of 19 March 1993. It is concluded for a period of ten years. Both parties may request an amendment with two years' notice.
    Pending the entry into force of this Agreement, the previous agreement is extended by an exchange of letters between the two parties
    Andorra la Vieille, on 24 September 2003, in two copies, in the French and Catalan languages, both texts being equally authentic.


    A N N E X E I


    A National Commission for the Assignment of National Education Personnel in Andorra to the French Ministry of National Education examines the applications of the In Andorra.
    This Commission is composed in accordance with the provisions of Decree No. 96-751 of 14 August 1996 and the decree adopted for its application.
    Candidates for the management of primary schools, Nursery and elementary school principals must either be employed as school principals in Andorra or be registered on the list of school principals established for Andorra. The aptitude list is based on the same criteria as in the French departments.
    The appointment of principals is made in a single movement, according to the following scale:
    1. General service age: 1 point per year and 1/12 point per month.
    2. Exercise time in Andorra:
    -0 to 5 years = 0.5 point per year;
    -6 to 10 years = 1.5 points per year;
    -11 to 15 years = 2 points per year.
    Maximum 20 points.
    3. Management functions in Andorra:
    -8 classes and more = 3 points per year;
    -5 classes and more = 2 points per year;
    -less than 5 classes = 1 point per year.
    Minimum 10 points.
    Maximum 30 points.
    4. For personnel on the list of candidates:
    -staff doing or acting as director at least 6 months = 5 points;
    -staff who served as director in France = 5 points.
    During the movement, for They, in accordance with Article 6, will give priority to Andorrans within the limit of half of the executive posts.


    A N N E X E I I


    Education of the Catalan language, geography, The history and institutions of Andorra in French educational institutions in Andorra
    Weekly schedule:
    Kindergarten:
    3 hours of teaching the Catalan language and the medium and large Andorran medium Sections.
    Elemental:
    3 hours of instruction in the Catalan language and the Andorran environment.
    College and high school:
    For all the teachings of the 6th to the terminal, the applicable schedules are those in effect in the Public education institutions in France.
    However,
    In college:
    Students from Grades 6 to 3 are required to study Catalan in the living language I. In addition, they can choose a second living language I.
    Hourly Increased by one hour for the teaching of the history, geography and institutions of Andorra.
    In high school:
    Students in the second, first and final classes may choose to study Catalan in the living language I, II or III, Mandatory or optional depending on the series. This education is sanctioned by a baccalaureate test.
    Students who have not made this choice follow a compulsory education in Catalan of an unsanctioned weekly hour.
    For all pupils in high school, The teaching of history, geography and institutions of Andorra is one hour per week.
    Students in the higher technician section can study Catalan as a living language I or II. This teaching is sanctioned like any other discipline in the examination of the higher technician's patent
    At the Vocational High School:
    Regardless of the class, students must study Catalan. In addition, they may choose a second living language.
    Schedules are increased by one hour for the teaching of the history, geography and institutions of Andorra.
    Students who have less than 3 years of residence in Andorra Date of registration no matter which class of the college, high school or professional high school may not follow the courses of Catalan as a living language I. These pupils then follow a compulsory education of 3 weekly hours of initiation to The Catalan language for a maximum of three academic years.
    For pupils in difficulty and for those whose level of French requires support action, within the framework of the previously defined schedules, the Joint Committee on training Specialist is informed of the educational arrangements put in place by the educational teams with the agreement of the respective inspection services


Done at Paris, January 5, 2006.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Dominique de Villepin

The Minister for Foreign Affairs,

Philippe Douste-Blazy


For the Government

of the Principality of Andorra:

The Minister of Education,

Youth and Sports,

Pere Cervos Cardona

For the Government

of the French Republic:

Associate Minister

with School Education,

Xavier Darcos


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