Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of Defence,
Having regard to the Constitution, including article 38;
Considering the general code of territorial authorities;
In light of Act No. 2003-591 of 2 July 2003, empowering the Government to simplify the law, including article 34 of the law;
Considering the referral of the General Council of Guadeloupe dated 8 September 2004;
Considering the referral of the Regional Council of Guadeloupe dated 8 September 2004;
Considering the referral of the General Council of Guyana dated 7 September 2004;
Considering the referral of the Guyana Regional Council dated 7 September 2004;
Considering the referral of the General Council of Martinique dated 20 September 2004;
Considering the referral of the Martinique Regional Council dated 20 September 2004;
Considering the referral of the General Council of the Meeting dated 9 September 2004;
Considering the referral of the Regional Council of the Meeting dated 9 September 2004;
Considering the referral of Mayotte's General Council dated 15 September 2004;
Considering the referral of the General Council of Saint-Pierre-et-Miquelon dated 10 September 2004;
Considering the seizure of the territorial assembly of the Wallis and Futuna Islands on 15 September 2004;
Considering the referral of the Assembly of French Polynesia on 10 September 2004;
Considering the seizure of the New Caledonia Congress of 8 September 2004;
Considering the referral of the French Southern and Antarctic Territory Advisory Board dated 6 September 2004;
Having regard to the opinion of the Superior Codification Commission dated 22 July 2004;
The Council of State heard;
The Council of Ministers heard,
Order:
The provisions annexed to this Order form the legislative part of the Defence Code.
The provisions of the legislative section of the Defence Code, which circulate by reproducing articles of other codes, are fully amended by the effect of subsequent amendments to these sections. The same is true of the provisions of the legislative part of the Defence Code, which mention, without replication, provisions either other codes or legislative texts.
References to provisions repealed by section 5 of this Order are replaced by references to the corresponding provisions of the Defence Code.
The second paragraph of Article L. 1111-7 of the General Code of Territorial Communities is replaced by the following:
"In this regard, the division of powers provided for by law does not preclude the ability of the State authorities to take, with respect to the territorial authorities, their public institutions and their groupings, the necessary measures to carry out their defence duties, such as the defence code. »
I. - Are repealed, subject to the provisions of Articles 6 and 7:
1° The Act of 10 July 1791 on the Conservation and Classification of War Places and Military Positions;
2° The law of 3 August 1791 concerning the requisition and action of the public force against the attroups;
3° The law of 14 September 1791 establishing public force;
4° The decree of the 27 year II national convention on the national flag;
5° The law of 28 germinal an VI on the organization of the national gendarmerie;
6° The Act of 29 March 1806, which prescribes measures for the suppression of offences committed in military establishments;
7° The imperial decree of September 18, 1811 creating a body of firefighters for the city of Paris;
8° Order of June 6, 1814 concerning the organization of the deposit of charts and plans of the marine;
9° The law of 17 July 1819 concerning the servitudes imposed on property for the defence of the State;
10° The Act of 9 March 1831 on the formation of the foreign legion;
11° The order of the King of 10 March 1831 concerning the formation of the foreign legion;
12° The Act of 24 May 1834 on holders of weapons or war ammunition;
13° The Act of 9 August 1849 on the state of siege;
14° The Act of 10 July 1851 on the classification of war places and military servitudes;
15° The 6th of Article 1 of the Decree of 22 January 1852 implementing various laws of metropolis to the colonies;
16° The law of 19 June 1871, which repealed the decree of 4 September 1870 on the manufacture of weapons of war;
17° The Act of 8 March 1875 on dynamite powder;
18° The Act of 3 July 1877 on military requisitions;
19° The Act of 3 April 1878 on the state of siege;
20° The Act of 18 July 1895 concerning the determination and retention of electrosemaphoric posts;
21° The Act of 5 July 1920 authorizing the Minister of War to form a regiment of foreign cavalry, foreign artillery and a battalion of foreign engineering;
22° The Act of 31 January 1921 on the separation of cash and post services from the armed forces;
23° The decree of October 20, 1923 making applicable to Guadeloupe and its outbuildings the law of December 18, 1893 amending and adding to article 3 of the law of June 19, 1871 on explosives;
24° The decree of 9 October 1925 which made applicable to Martinique the Act of 18 December 1893 amending and adding to article 3 of the Act of 19 June 1871 on explosives;
25° The Act of 13 July 1927 on the General Organization of the Army;
26° The Act of 8 August 1929 concerning servitudes around stores and facilities for the conservation, handling or manufacture of powders, ammunition, artifices and explosives;
27° The Act of 11 July 1933 concerning the determination and retention of military posts relating to the defence of coasts or the safety of navigation;
28° The Act of 18 June 1934 on the census, classification and requisition of motor vehicles;
29° The law of 2 July 1934 on the general organization of the air force;
30° The decree of 30 October 1935 organizing the administrative control of the war materials markets;
31° The Law of 11 August 1936 on the Nationalization of the Manufacture of War Materials;
32° The Law of 11 July 1938 on the General Organization of the Nation for the Time of War;
33° The first four paragraphs of Article 3 of the Decree of 6 December 1938 concerning overseas military requisitions;
34° The decree of 18 April 1939 establishing the regime of war materials, weapons and ammunition;
35° The first paragraph of section 22 of the decree of May 2, 1939 regulating public administration for the application of the law of July 11, 1938 on the general organization of the nation for wartime in the Overseas Territories dependent on the authority of the Minister of Settlements;
36° The decree of 29 July 1939 establishing the battalion of the firemen of the city of Marseille;
37° The decree of 9 September 1939 to facilitate the treasury of enterprises whose stocks have been requisitioned;
38° The decree of June 16, 1940 amending the law of August 9, 1849 on the state of siege;
39° Act No. 101 of 23 February 1944 supplementing and amending the general regulations on passive defence;
40° Act No. 46-895 of 3 May 1946 establishing a national office for aerospace studies and research;
41° Section 2 of Act No. 50-244 of 28 February 1950, now provisionally in force beyond 1 March 1950, certain legislative and regulatory provisions of the wartime extended by the Act of 26 February 1949;
42° Section 2 of Act No. 51-248 of 1 March 1951 now provisionally in force beyond 1 March 1951 certain legislative and regulatory provisions of the wartime extended by the Act of 28 February 1950;
43° Act No. 54-731 of 17 July 1954 on the application in overseas departments of the Act of 11 July 1938 on the general organization of the nation for wartime;
44° The first, second and third paragraphs of section 33 of Act No. 55-1044 of 6 August 1955 on the development of the appropriations for the expenses of the Ministry of National Defence and the Armed Forces for the years 1955 and 1956;
45° Order No. 58-1371 of 29 December 1958 to strengthen the protection of facilities of vital importance;
46° Order No. 59-63 of 6 January 1959 concerning the requisitions of goods and services;
47° Order No. 59-147 of 7 January 1959 establishing general defence organization;
48° Act No. 59-869 of 22 July 1959 on the status of the army economate;
49° Act No. 61-802 of 28 July 1961 making applicable to overseas territories the provisions of Order No. 58-1371 of 29 December 1958 on the protection of facilities of vital importance;
50° Act No. 63-670 of 30 July 1963 on the recognition of offences against the legislation on explosive substances;
51° Act No. 66-458 of 2 July 1966 establishing the institution of social management of the armies;
52° Article 9 of Decree No. 66-911 of 9 December 1966 concerning the organization and operation of the institution of social management of the armies;
53° Act No. 67-1102 of 20 December 1967 on marine troops and the administration of the army in overseas departments and territories;
54° Act No. 69-441 of 20 May 1969 on shipping of national interest;
55° Act No. 70-3 of 2 January 1970 on the integration of the maritime gendarmerie into the national gendarmerie;
56° Articles 1, 2, 6, 6-1 and 7 of Act No. 70-575 of 3 July 1970 on the reform of the regime of powders of explosive substances;
57° Act No. 72-467 of 9 June 1972 prohibiting the development, manufacture, detention, storage, acquisition and disposal of biological weapons or toxin bases;
58° The first paragraph of Article 1 of Law No. 72-662 of 13 July 1972, bearing the general status of the military;
59° Order No. 77-1103 of 26 September 1977 extending to the Department of Saint-Pierre-et-Miquelon various legal provisions relating to defence;
60° Act No. 79-519 of 2 July 1979 punishing the failure to report the disappearance of explosives;
61° The first and third paragraphs of Article 2 of Decree No. 80-156 of 18 February 1980 on the Regulation of Public Administration extending and adapting to the Overseas Territories the provisions of Order No. 59-63 of 6 January 1959 relating to the requisitions of goods and services and Decree No. 62-367 of 26 March 1962 regulating the public administration taken for its application;
62° Act No. 80-572 of 25 July 1980 on the Protection and Control of Nuclear Material;
63° Articles 1 to 10 of Act No. 94-589 of 15 July 1994 on the modalities of the exercise by the State of its powers of control at sea;
64° Article 6 of Order No. 96-267 of 28 March 1996 on the entry into force of the new Criminal Code in the Overseas Territories and in the territorial community of Mayotte, as well as the extension and amendment of certain legislative provisions made necessary by this entry into force;
65° Act No. 98-467 of 17 June 1998 on the application of the Convention of 13 January 1993 on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction;
66° Act No. 98-564 of 8 July 1998 on the elimination of anti-personnel mines;
67° Act No. 98-567 of 8 July 1998 establishing an advisory committee on the secrecy of national defence, subject to the provisions of II;
68° Articles 32 to 37 of Act No. 99-894 of 22 October 1999 on the organization of the military reserve and defence service;
69° 2° of the IV of Article 71 of Law No. 2001-1062 of 15 November 2001 on Daily Security;
70° The second paragraph of section 63 of Act No. 2002-1576 of 30 December 2002 on the Financial Law for 2002;
71° Article 3, the first paragraph of Article 8 and Article 14 of Decree No. 2004-216 of 11 March 2004 on the organization and operation of the army economate.
II. - Takes effect on 1 October 2005 the repeal of Article 9, which provides for a deadline, as of 30 September 2005, of Act No. 98-567 of 8 July 1998 establishing an advisory commission on the secret of national defence.
The repeal of the provisions referred to in Article 5 shall only take effect from the publication of the regulations of the Defence Code with respect to the following articles, parts of article or paragraphs:
1° Articles 22 and 23 of the Act of 10 July 1791 on the Conservation and Classification of War Places and Military Positions;
2° Article 2 of the law of 17 July 1819 concerning the servitudes imposed on the property for the defence of the State;
3° Article 11, section 14, paragraphs 1 to 3 of Article 21, paragraph 3 of Article 55, paragraph 7 of Article 58, section 60 and section 62 of the Act of 3 July 1877 on military requisitions;
4° The second paragraph of section 34 and section 36 of the Act of 13 July 1927 on the general organization of the army;
5° The second paragraph of Article 6, Articles 7 and 8 of the Act of 8 August 1929 concerning the servitudes around stores and establishments for the conservation, handling or manufacturing of powders, ammunition, artifices and explosives;
6° The second paragraph of Article 11 of the Act of 18 June 1934 on the census, classification and requisition of motor vehicles;
7° The second paragraph of Article 7, the tenth paragraph of Article 11, the third and fourth paragraphs of Article 12 and the second paragraph of Article 48 of the Law of 11 July 1938 on the General Organization of the Nation for the Time of War;
8° The first paragraph of Article 27 of the Decree of 18 April 1939 establishing the regime of war materials, weapons and ammunition;
9° Articles 1 to 6 of the Decree-Law of 29 July 1939 establishing the battalion of the firemen of the city of Marseille;
10° Articles 1 to 4 and 6 to 9 of Act No. 46-895 of 3 May 1946 establishing a national office for aerospace studies and research;
11° The first paragraph of section 33 of Act No. 55-1044 of 6 August 1955 on the development of the appropriations for the expenses of the Ministry of National Defence and the Armed Forces for the years 1955 and 1956;
12° The second paragraph of Article 1, the second paragraph of Article 3, Article 6 of Order No. 58-1371 of 29 December 1958 to strengthen the protection of facilities of vital importance;
13° Paragraphs 2 to 8 of Article 10, the second paragraph of Article 11, Articles 12 and 13, the second paragraph of Article 15, and Article 21 of Order No. 59-147 of 7 January 1959, establishing general defence organization;
14° Sections 2 and 6 of Act No. 61-802 of 28 July 1961 making applicable to overseas territories the provisions of Order No. 58-1371 of 29 December 1958 on the protection of facilities of vital importance;
15° The words: "assisted by an assistant administrator" in the first paragraph of Article 3 of Act No. 66-458 of 2 July 1966 establishing the institution of social management of the armies;
16° Article 1 of Act No. 70-3 of 2 January 1970 on the Integration of the Maritime Gendarmerie into the National Gendarmerie;
17° The first paragraph of Article 10 of Law No. 80-572 of 25 July 1980 on the Protection and Control of Nuclear Material;
18° Sections 9 and 10 of Act No. 98-564 of 8 July 1998 on the elimination of anti-personnel mines.
The legislative portion of the Defence Code and sections 1, 2, 3, 5 and 6 of this Order are applicable to Mayotte, New Caledonia, French Polynesia, Wallis and Futuna Islands and French Southern and Antarctic Lands, with the exception of the repeals listed in section 5 relating to provisions that fall within the jurisdiction of New Caledonia or
Section 4 of this Order is applicable to Mayotte.
The Prime Minister and the Minister of Defence are responsible for the application of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E
CODE OF THE DEFENSE
LEGISLATIVE PART
Part 1
GENERAL PRINCIPLES OF DEFENSE
LIVRE I
DEFENSE
PART I
GENERAL PRINCIPLES
Single Chapter
L. 1111-1
The purpose of the defence is to ensure at all times, in all circumstances and against all forms of aggression, the security and integrity of the territory, as well as the life of the population.
It also ensures respect for international alliances, treaties and agreements.
L. 1111-2
The executive branch, in the exercise of its constitutional powers, shall take the necessary measures to achieve the objectives set out in Article L. 1111-1.
In the event of a threat, these measures may be either the general mobilization or the warning as defined in Article L. 2141-1 or the specific provisions set out in the following paragraph.
L. 1111-3
Defence policy is defined in the Council of Ministers.
Decisions on the general direction of the defence shall be decided in defence counsel.
Decisions on the military leadership of the defence are decided on a restricted defence board.
Decisions in the military leadership of the defence include, in particular, the definition of goals to be achieved, the approval of the corresponding plans, the general distribution of forces between the commanders-in-chief or the military and measures to meet the needs of the forces.
L. 1111-4
In the case of events interrupting the regular functioning of the public authorities and resulting in the simultaneous vacancy of the Presidency of the Republic, the Presidency of the Senate and the functions of the Prime Minister, the responsibility and powers of defence are automatically and successively vested in the Minister of Defence and, if not, to the other ministers in the order indicated by the decree constituting the Government.
PART II
THE PRESIDENT OF THE REPUBLIC,
CHEF OF ARMED
Chapter 1
Attributions
L. 1121-1
The Defence Council is chaired by the President of the Republic.
L. 1121-2
The restricted defence counsel is presided over by the President of the Republic, who may be replaced by the Prime Minister.
Chapter 2
College bodies
of the President of the Republic
L. 1122-1
The composition and manner of convening of the defence council shall be determined by decree in council of ministers.
PART III
THE FIRST MINISTER
Single Chapter
Attributions
L. 1131-1
The Prime Minister responsible for the national defence has the general direction and the military leadership of the defence. In that connection, it formulates the general guidelines for negotiations on defence and monitors the development of such negotiations. It decides on the preparation and superior conduct of operations and ensures coordination of the defence activity of all departmental departments.
PART IV
RESPONSIBILITIES OF MINISTERS
DEFENSE
Chapter 1
Provisions common to all
of Ministers
L. 1141-1
Each minister is responsible for the preparation and execution of the defence measures in his or her department.
L. 1141-2
In the cases provided for in section L. 1111-2, a single minister is responsible, for each of the major categories of resources essential to the country's life - such as raw materials and industrial products, energy, foodstuffs, transport, public works and buildings, telecommunications - for the measures to be taken to best meet the needs of user ministers.
Ministers referred to in this Article may, for the preparation or implementation of the measures they are responsible for, use the competition of professional bodies and may extend, in these matters and under their control, the competence of these bodies to all companies of a profession, whether or not they are members of these bodies.
The same ministers ensure the distribution of the resources they are responsible for.
L. 1141-3
In the cases provided for in Article L. 1111-2, decrees issued in the Council of Ministers regulate or suspend import, export, traffic, use, detention, the sale of certain resources, tax and rationalize their consumption.
Decrees taken in the same form order the mandatory declaration, by the owners, producers, holders and depositaries, of the materials, objects, products or commodities they hold and which are necessary for the needs of the country.
These measures are taken after consultation with a committee whose composition and role are defined by a decree in the Council of State.
L. 1141-4
All or part of the staff and institutions under certain public services may be placed in the cases provided for in section L. 1111-2, by decree in council of ministers, under the authority of a minister different from that of which such services depend.
Certain elements of the personnel belonging to the above-mentioned services may, from the time of peace, be made available to the Minister who takes them under his or her authority in the cases provided for in section L. 1111-2.
Civilian civil servants of all categories and military personnel of all ranks who are temporarily called to form such personnel, continue to be included in the frameworks of their original services. Rewards and penalties for which they may be subject are proposed to the Minister whose bodies or services of origin normally depend, by the Minister under whose authority they are detached.
L. 1141-5
With regard to the use of the labour force in the cases provided for in section L. 1111-2, a single minister is in close contact with the user ministers:
1° The centralization of information relating to the needs of various public or private services and the availability of the various categories of work;
2° Recruitment of the labour force of the various categories;
3° The distribution between public or private employers services of the available labour force;
4° General regulation of working conditions and labour control.
These various operations, in particular the assignment of personnel to institutions working for national defence, are prepared from the time of peace, under the authority of the single minister, by a special body spread throughout the territory and whose mission, composition and operating procedures are defined by decree.
L. 1141-6
In the cases provided for in Article L. 1111-2, the Ministry of Communications is exempted from the obligation to seek prior authorization from the author or his persons entitled to the broadcast by all audiovisual means of unpublished literary, scientific and artistic works.
However, the work cannot be disseminated, whether entirely or by extracts, in a different form than the one given to it by the author.
The amount of remuneration allocated to the author or his successors for the use of his work shall be determined by amicable agreement or, if not, by a special assessment commission established in accordance with the last paragraph of Article L. 2234-21.
Chapter 2
Special provisions
certain ministers
Section 1
Defence
L. 1142-1
The Minister of Defence is responsible, under the authority of the Prime Minister, for the execution of military policy and in particular for the organization, management, condition of employment and mobilization of all forces and the necessary military infrastructure.
He assists the Prime Minister with their implementation.
He has authority over all armed forces and services and is responsible for their security.
The Minister of Defence shall, upon warning as defined in section L. 2141-1, have the responsibility for communications, transportation, telecommunications and the allocation of general resources for the needs of the armed forces.
Section 2
Interior
L. 1142-2
The Minister of the Interior is constantly preparing and implementing civil defence.
It is responsible for the public order, the material and moral protection of individuals and the safeguarding of facilities and resources of general interest.
It prepares, coordinates and monitors the execution of civil defence measures in the various ministerial departments.
Its action is expanding in the territory in liaison with the military authorities and is helping to maintain their freedom of action.
Section 3
Economy, finance and industry
L. 1142-3
The Minister responsible for the economy directs the action of ministers responsible for the production, meeting and use of the various categories of resources and for the industrial development of the territory.
Its action extends to the primary distribution of the resources mentioned in the first paragraph, as well as to the pricing and organization of commercial import and export transactions.
L. 1142-4
The Minister for Finance shall prepare from the time of peace and shall, in the cases provided for in section L. 1111-2, determine the financial measures required by the conduct of the war. It sets out the conditions for purchases and payments abroad, in accordance with departmental departments or purchasing and paying agencies.
L. 1142-5
Decrees in the Council of State define the modalities for the application of the provisions of articles L. 1141-1, L. 1141-2, L. 1142-1, L. 1142-2 and L. 1142-3.
Section 4
Foreign affairs
L. 1142-6
The Minister of Foreign Affairs, under the authority of the Prime Minister, continues to exercise its powers of action abroad in the cases provided for in section L. 1111-2.
Subject to the powers of the commanders of the forces, decrees in council of ministers decide on general measures to be taken, both on land and on sea and in air, against the trade and communications of the enemy. It is the responsibility of interested ministerial departments to ensure its execution under the control of the Minister for Foreign Affairs.
LIVRE II
TERRITORIAL ORGANIZATION
AND OPERATIONAL OF THE DEFENSE
PART I
TERRITORIAL ORGANIZATION
This title does not include legislation.
PART II
OPENAL ORGANIZATION
Single Chapter
L. 1221-1
Regardless of the territorial organization provided for in Article L. 1311-1, the main commands responsible for the operational use of the forces are chief commands, superior commands or specialized commands.
The commanders-in-chief, from their command, have complete authority over their military forces and means. They are invested by the Government in the geographical area concerned with powers relating to civil defence under the conditions laid down in articles L. 1142-2 and L. 1321-2, to the security of troops and to the use of the services, persons and goods necessary for the conduct of operations and the maintenance of their forces.
The superior commandments are permanent and joint. The superior commanders have the necessary infrastructure to their forces, may receive, in the field of civil defence, security of troops, requisition of services, persons and goods, governmental delegations required by their operational missions.
Specialized commands meet special conditions of conditionalization and employment.
L. 1221-2
Decrees determine the portion of the national territory included in the area of the armies and the extent of the territorial powers vested in that area to the commander-in-chief or its delegates.
LIVRE III
IMPLEMENTATION OF THE EXPENDITURE
NON MILITARY
PART I
GENERAL PROVISIONS
Single Chapter
Defence powers
non-military
L. 1311-1
In each area of defence, a civilian senior official has the necessary powers to monitor the non-military efforts required for defence, respect for priorities and mutual aid between civilian and military services, for the purpose of civil defence and internal security.
In addition, this civil servant has the necessary powers to prescribe, in the event of a breakdown of communications with the Government as a result of an internal or external assault, the warning provided for in section L. 2141-2, as well as the measures necessary for the execution of internal or external defence plans.
PART II
CIVILE DEFENSE
Chapter 1
Military participation in defence
Civil Security
L. 1321-1
No military force can act on the territory of the Republic for the purposes of civil defence and security without a legal requisition.
L. 1321-2
The Minister of the Interior receives from the Minister of Defence, for the development and implementation of his means, the support of the services and infrastructure of the armed forces, and, in particular, for the maintenance of public order, the possible support of military forces.
In areas where military operations are developed and by decision of the Government, the military command designated for this purpose becomes responsible for public order and coordinates civil defence measures with military operations.
In the event of a threat to one or more priority defence facilities, the military command designated for this purpose may, by decree in the Council of Ministers, be responsible for the public order and the coordination of civil defence measures with the military defence measures within the security sector(s) defined around these facilities by the President of the Republic in the Defence Council.
Decrees in the Council of State define the modalities for the application of the provisions of this article.
Chapter 2
Protection against air threats
L. 1322-1
The civil defence organization against the danger of aerial attack is mandatory throughout the national territory.
L. 1322-2
In each department, the prefect is responsible for the preparation and realization of civil defence against the danger of air attack with the assistance of the mayors, under the conditions provided by the general code of territorial authorities.
Private establishments and businesses of national or public interest may be designated by decision of the Minister of the Interior to ensure their own protection against air attacks.
L. 1322-3
The Minister of the Interior, together with the Ministers concerned, is responsible for inducing and coordinating general or special measures to impose on municipalities, administrations and public services, private institutions and organizations to prepare, from the time of peace, the reduction of the vulnerability of public buildings and of various, commercial or industrial facilities or the use of housing, by the appropriate adaptation of texts that regulate urban projects and the way of construction of new buildings
A decree in the Council of State determines the rules to be adopted for this purpose for important cities.
Chapter 3
Supplement staff
L. 1323-1
For the purpose of carrying out the civil defence measures provided for in this title, it shall, from the time of peace, be deputyed to the services that are directly responsible for it, including:
1° Public service officers and workers, excluding staff of availability and reserve;
2° Staff who are not subject to the military obligations required in a civil capacity under section L. 2212-1 and who may be employed according to their abilities and taking into account their profession in the civil defence services;
3° Volunteers from both sexes who commit a civil commitment to participate in civil defence.
These commitments, contracted in peacetime, take effect from the date of their subscription;
4° Military formations composed of reserve personnel.
The above-mentioned personnel still subject to military obligations can only be designated to participate in civil defence as the needs of the mobilised army and industrial mobilization have been previously met.
All such personnel, regardless of the category to which they belong, may be called either for mobilization or in the cases provided for in section L. 1111-2. They are required to participate at all times, day and night, in civil defence exercises and in training sessions whose total duration cannot exceed three days a year.
With regard to the personnel mentioned in 1°, 2° and 3° of this article, the civil defence organization has a hierarchy based on the necessity of service, obedience being mandatory at all levels. In the event of an offence, the staff designated at 1° shall be liable to penalties provided for in its administrative status for misconduct in the service.
L. 1323-2
A decree in the Council of State defines the conditions under which the personnel may be summoned, employed, paid and covered by the various accidents, injuries and risks incurred in service and, in general, any measures of preparation and enforcement contained in the provisions of this article.
Chapter 4
Exercises
L. 1324-1
To verify the effectiveness of civil defence measures, exercises may take place under the conditions set out in Chapters 2 and 3 of this title.
PART III
ECONOMIC DEFENSES
Chapter 1
Establishment of groupings
L. 1331-1
In the cases provided for in Article L. 1111-2 of the groupings of producers and traders and consumers, which may have the character of commercial companies, may be constituted with a view to carrying out, under the control of the State, all activities of meeting and distribution of a specified class of resources.
These groupings can be organized from the time of peace by the administrative authority.
The union organisations representing the employers and employees are represented there.
Chapter 2
Protection of vital facilities
L. 1332-1
Companies operating establishments or using facilities and structures, whose unavailability could significantly reduce the potential of war or economic, security or survival capacity of the nation, are required to cooperate at their own expense under the conditions set out in this chapter, to the protection of such facilities, facilities and works against any attempt to sabotage.
L. 1332-2
Obligations prescribed in this chapter may be extended to establishments referred to in Article L. 511-1 of the Environmental Code when the destruction or avagance of certain facilities of these establishments may pose a serious danger to the population. These facilities are designated by the prefect.
L. 1332-3
Companies with one or more establishments, facilities and works designated under this chapter shall carry out the protection measures provided for in a particular protection plan prepared by the company and approved by the prefect. These measures include effective monitoring, alarm and material protection provisions. In case of non-approval of the plan and persistent disagreement, the decision is taken by the prefectural authority.
L. 1332-4
In the event of a company's refusal to prepare their particular protection plan, the prefect shall, by order, establish the heads of establishments or subject companies within the time limit that it sets.
L. 1332-5
The protection plan established under the conditions laid down in Article L. 1332-4, the prefect shall, by order, put the heads of establishments or undertakings in place to do so within the time limit set by the prefect.
L. 1332-6
The restraining orders provided for in sections L. 1332-4 and L. 1332-5 set a time limit that cannot be less than one month and is determined taking into account the operating conditions of the company and the work to be carried out.
The responsible minister referred to in section L. 1332-1 shall be kept informed by the prefects of the standing order to carry out the protection plan.
Prefectural orders concerning national enterprises or involving the State's financial assistance are forwarded to the Minister of Guardianship and the Minister of Economy and Finance, who are immediately informed of the difficulties that may arise in the application of the Order.
L. 1332-7
A fine of EUR 150,000 is imposed on business leaders referred to in Article L. 1332-4 and upon the expiry of the time limit set by the notice of stay, by failing to establish a protection plan or to carry out the planned work.
It is punishable by a fine of EUR 150,000 that, for the same persons, omit, after a stay, to maintain in good condition the previously established protective devices.
Chapter 3
Nuclear materials and facilities
Section 1
Protection and control of nuclear materials
L. 1333-1
The provisions of this chapter shall be subject to fusible, fissile or fertile nuclear material, as well as any material, except for minerals, containing one or more fusible, fissile or fertile elements, the list of which is specified by decree in the Council of State.
L. 1333-2
The import and export of nuclear material as defined in Article L. 1333-1 carried out in accordance with contracts concluded by French and foreign operators and the development, detention, transfer, use and transport of the same materials shall be subject to authorization and control under the conditions defined in this chapter. These conditions are specified by decree in the Council of State taken after advice of the Superior Council of Nuclear Safety.
The exporter is required to provide the purchasers and sub-acquirers with the conditions for the subsequent use of nuclear material to which the issuance of the authorization of any export may be subject.
L. 1333-3
The authorization provided for in Article L. 1333-2 may be accompanied by specification relating to the duration, quantity and form of the nuclear material concerned, the measures to be taken to determine its location, avoid their flight, diversion or loss. It may be suspended or withdrawn in the event of a breach of the provisions of this chapter and the regulations made for its application.
The Order in Council under Article L. 1333-2 specifies, inter alia, the quantities below which such authorization is not required.
L. 1333-4
The purpose of the control provided for in Article L. 1333-2 is to avoid the loss, theft or diversion of nuclear material. With regard to the technical and accounting aspects of the transactions listed in section L. 1333-2, it must be able to continuously identify the location, use of the said materials and to identify the nature and quantities of materials that may be missing. It also deals with measures to prevent theft and diversion of such substances.
L. 1333-5
Agents exercising this control shall have an authorization conferred by the authorities of the State, sworn and held in professional secrecy under the conditions and penalties provided for in Article 226-13 of the Criminal Code.
L. 1333-6
Prior to entrusting him with the custody of nuclear material subject to the provisions of this chapter, the employer shall notify the person responsible for the obligations set out in article L. 1333-12 and the penalties imposed on him in the event of an offence, and shall receive recognition of that warning. These provisions are specified by decree in the Council of State.
L. 1333-7
The Government shall report annually to Parliament on the implementation of the provisions of this chapter.
Section 2
Criminal provisions
Sub-section 1
Agents authorized to report offences
L. 1333-8
Offences to the provisions of this chapter and to the relevant regulatory provisions are found by judicial officers and police officers, customs officers, law enforcement officers, the senior defence officer placed with the Minister of Industry, law enforcement officers.
Sub-section 2
Penal sanctions
L. 1333-9
A ten-year imprisonment and a fine of EUR 7,500,000 is punishable by improper appropriation of nuclear material subject to the provisions of this chapter, or by unauthorised exercise of the activities referred to in Article L. 1333-2 or knowingly providing inaccurate information in order to obtain such authorization.
In addition, the court pronounces the confiscation of nuclear material as well as of the equipment used in the development, use or transport of such materials.
L. 1333-10
The intentional violation, by natural or legal persons acting in any capacity in the establishments where nuclear material is held under section L. 1333-1, laws and regulations and instructions of the operator or its delegates, where it is likely to jeopardize the nuclear safety of the facilities, the protection of nuclear material or the security of persons and property, may immediately result:
1° For natural persons, without prejudice to the applicable criminal sanctions, without notice or compensation, and after they have been communicated to the person responsible for the alleged facts and that the person has submitted his or her observations, the suspension or termination of the contractual or statutory ties under which such persons intervene, notwithstanding any contrary provision of the statutes or conventions applicable to them;
2° For legal persons, the withdrawal of administrative authorizations, the suspension or termination without notice or compensation of the conventions for which such persons intervene, notwithstanding any contrary provision of these conventions.
L. 1333-11
For the application of the Convention on the Physical Protection of Nuclear Material, published by Decree No. 92-110 of 3 February 1992, the penalties provided for in Articles L. 1333-9 and L. 1333-10 shall be imposed on the possession, transfer, use or transport of nuclear material outside the territory of the Republic within the scope of Articles 1 and 2 of the Convention referred to above, without being authorized by the competent foreign authorities.
L. 1333-12
shall be punished by imprisonment for two years and a fine of EUR 7,500 for the exercise of control under section L. 1333-2 or by providing inaccurate information.
L. 1333-13
Any person who, who holds the authorization provided for in Article L. 1333-2 or has, in any event, custody of nuclear material subject to the provisions of this chapter or by management, has found the loss, theft, disappearance or diversion of such material and has not informed the police or gendarmerie at the latest within 24 hours of this finding, shall be liable to imprisonment for two years and a fine of 37 500 EUR.
Where the person who holds the authorization under section L. 1333-2 is a legal entity, the same penalties shall apply to its officers if they have been aware of the loss, theft, disappearance or diversion and have not declared it within the time limit set out in the preceding paragraph.
Sub-section 3
Nuclear matters of defence
L. 1333-14
Only the provisions of articles L. 1333-9 and L. 1333-10 are applicable to nuclear materials for defence or held in nuclear facilities for defence purposes.
Chapter 4
Electronic posts and communications
L. 1334-1
The conditions under which La Poste and France Télécom contribute to the exercise of the state's defence missions are defined by articles 5 and 8 of Act No. 90-568 of 2 July 1990 on the organization of the public service of La Poste and France Télécom.
Section 5
Naval control of maritime navigation
This chapter does not include legislation.
Chapter 6
Transport and hydrocarbons
L. 1336-1
The rules on the formation and conservation of strategic oil stocks are defined by Act No. 92-1443 of 31 December 1992 on the reform of the oil regime.
LIVRE IV
IMPLEMENTATION OF THE MILITARY DEFENSE
This book does not include legislative provisions.
LIVRE V
ACTION OF THE SEA STATE
PART I
GENERAL
This title does not include legislation.
PART II
OFFICE
Single Chapter
Exercise by the State of its powers of control at sea
Section 1
Sea control
L. 1521-1
The provisions of this chapter shall apply:
1° To French ships in all maritime spaces, subject to competence recognized to States by international law;
2° To foreign ships in maritime spaces under the sovereignty or jurisdiction of the French Republic and in the high seas in accordance with international law.
They do not apply to foreign war vessels or other foreign state vessels used for non-commercial purposes.
L. 1521-2
The commanders of the state buildings and the captains of the state aircraft, responsible for the monitoring at sea, are empowered to ensure compliance with the provisions that apply at sea under international law as well as the laws and regulations of the Republic, to exercise and enforce the control and coercion measures provided for in international law, French legislation and regulations.
L. 1521-3
For the purpose of carrying out the mission defined in Article L. 1521-2, the captain or captain may conduct the recognition of the vessel, inviting his master to publicize his identity and nationality.
L. 1521-4
The captain or captain may order the vessel's visit. This includes the sending of a team to control documents and conduct audits under international law or the laws and regulations of the Republic.
L. 1521-5
When access on board has been denied or found to be physically impossible, the captain or captain may order the vessel's diversion to the appropriate position or port.
The captain or captain may also order the vessel to be disrouted to an appropriate position or port in the following cases:
1° Under international law;
2° Under specific legislative or regulatory provisions;
3° either for the execution of a court decision;
4° Either at the request of a qualified judicial police authority.
The captain or captain shall designate the position or port of discharge in accordance with the control authority of the operations.
L. 1521-6
The commander or captain may exercise the right to pursue the foreign vessel under the conditions laid down in international law.
L. 1521-7
If the master refuses to publicize the identity and nationality of the vessel, to admit the visit or to divert it, the captain or captain may, after summation, resort to coercive measures that include, if necessary, the use of force.
The procedures for the use of coercion and the use of force at sea are defined by decree in the Council of State.
L. 1521-8
Measures taken against foreign vessels pursuant to the provisions of this chapter shall be notified to the flag State by diplomatic means.
Section 2
Penal sanctions
L. 1521-9
A fine of EUR 150,000 is imposed, the refusal to comply with the injunctions made under sections L. 1521-3, L. 1521-4 and L. 1521-5.
In addition to the officers and judicial police officers acting in accordance with the Code of Criminal Procedure, the commanders, the second commanders and the second officers of the State buildings as well as the captains of the state aircraft are empowered to observe the offence referred to in this article.
The jurisdiction competent to hear of this offence is that of the port or position where the vessel was diverted or, if not, that of the administrative residence of the officer who found the offence referred to in this article.
The report shall be transmitted within fifteen days to the prosecutor of the Republic of the competent court.
L. 1521-10
A fine of EUR 150,000 is imposed, the owner or operator of the vessel responsible for the decision to refuse to comply with the injunctions referred to in section L. 1521-9.
LIVRE VI
PROVISIONS RELATING TO THE OUTRE-MER
PART I
SPECIAL PROVISIONS
THE DEPARTMENTS OF OUTRE-MER
This title does not include legislation.
PART II
SPECIAL PROVISIONS
AT ITS PIERRE-ET-MIQUELON
Single Chapter
L. 1621-1
For the purposes of this part of the code in Saint-Pierre-et-Miquelon, the following terms are replaced as follows:
1° The words: "prefect" or "prefectural authority" by the words: "state representative";
2° The words: "in each department" by the words: "in Saint-Pierre-et-Miquelon";
3° The word "prefectural" by the words "of the representative of the State".
L. 1621-2
For the purposes of section L. 1322-2, the reference to the provisions of the general code of territorial authorities is replaced by the reference to the provisions of the code of municipalities applicable to Saint-Pierre-et-Miquelon.
L. 1621-3
The rules relating to the establishment and conservation of strategic oil stocks are defined in the territorial community of Saint-Pierre-et-Miquelon, by section 57 of Act No. 93-1 of 4 January 1993 on various provisions relating to overseas departments, overseas territories and territorial authorities of Mayotte and Saint-Pierre-et-Miquelon.
PART III
MAYOTTE APPLICABLE PROVISIONS
Single Chapter
L. 1631-1
The provisions of Articles L. 1111-1 to L. 1334-1 and L. 1521-1 to L. 1521-10 are applicable to Mayotte.
L. 1631-2
The rules relating to the formation and conservation of strategic oil stocks are defined in Mayotte by section 57 of Act No. 93-1 of 4 January 1993 on various provisions relating to overseas departments, overseas territories and territorial authorities of Mayotte and Saint-Pierre-et-Miquelon.
L. 1631-3
For the purposes of this part of the code in Mayotte, the following terms are replaced as follows:
1° The word "prefect" by the words "prefect of Mayotte";
2° The words: "in each department" by the words "in Mayotte".
PART IV
APPLICABLE PROVISIONS
IN THE WALLIS AND FUTUNA ISLANDS
Single Chapter
L. 1641-1
The provisions of Articles L. 1111-1 to L. 1333-14 and L. 1521-1 to L. 1521-10 are applicable in the Wallis and Futuna Islands.
L. 1641-2
The rules relating to the formation and conservation of strategic oil stocks are defined in the Wallis and Futuna Islands by Article 57 of Act No. 93-1 of 4 January 1993 on various provisions relating to overseas departments, overseas territories and the territorial authorities of Mayotte and Saint-Pierre-et-Miquelon.
L. 1641-3
For the purposes of this part of the code in the Wallis and Futuna Islands, the following terms are replaced as follows:
1° The words: "prefect" or "prefectural authority" by the words: "state representative";
2° The words: "in each department" by the words: "in the Wallis and Futuna Islands";
3° The word "prefectural" by the words "of the representative of the State".
L. 1641-4
In the absence of adaptation, references made, by provisions of this Part of the applicable code in the Wallis and Futuna Islands, to provisions that are not applicable therein are replaced by references to provisions having the same locally applicable object.
PART V
APPLICABLE PROVISIONS
IN FRENCH POLYSIS
Single Chapter
L. 1651-1
The provisions of articles L. 1111-1 to L. 1333-14 and L. 1521-1 to L. 1521-10 are applicable in French Polynesia.
L. 1651-2
The rules relating to the establishment and conservation of strategic oil stocks are defined in French Polynesia by article 57 of Act No. 93-1 of 4 January 1993 on various provisions relating to overseas departments, overseas territories and territorial authorities of Mayotte and Saint-Pierre-et-Miquelon.
L. 1651-3
For the purposes of this Part of the Code in French Polynesia, the following terms are replaced as follows:
1° The words: "prefect" and "prefectural authority" by the words: "state representative";
2° The words: "in each department" by the words: "in French Polynesia";
3° The word "prefectural" by the words "of the representative of the State".
L. 1651-4
For the purposes of section L. 1322-2, the reference to the provisions of the general code of the territorial authorities is replaced by the reference to the provisions of the code of the municipalities applicable in French Polynesia.
L. 1651-5
In the absence of adaptation, references made, by provisions of this Part of the Code applicable to French Polynesia, to provisions that are not applicable therein shall be replaced by references to the provisions having the same locally applicable object.
PART VI
APPLICABLE PROVISIONS
IN NEW CALEDONIA
Single Chapter
L. 1661-1
The provisions of sections L. 1111-1 to L. 1333-14 and L. 1521-1 to L. 1521-10 are applicable in New Caledonia.
L. 1661-2
The rules relating to the formation and conservation of strategic oil stocks are defined in New Caledonia by article 57 of Act No. 93-1 of 4 January 1993 on various provisions relating to overseas departments, overseas territories and the territorial authorities of Mayotte and Saint-Pierre-et-Miquelon.
L. 1661-3
For the purposes of this Part of the Code in New Caledonia, the following terms are replaced as follows:
1° The words: "prefect" and "prefectural authority" by the words: "State representative in New Caledonia";
2° The words: "in each department" by the words: "in New Caledonia";
3° The word "prefectural" by the words "of the representative of the State".
L. 1661-4
For the purposes of section L. 1322-2, the reference to the provisions of the General Code of Territorial Communities is replaced by the reference to the provisions of the New Caledonia Municipal Code.
L. 1661-5
In the absence of adaptation, the references made, by provisions of this Part of the applicable New Caledonia code, to provisions that are not applicable to it are replaced by references to the provisions having the same locally applicable object.
PART VII
PROVISIONS FOR TERMS
FRENCH AND ANTARCTICES
Single Chapter
L. 1671-1
The provisions of Articles L. 1111-1 to L. 1333-14 and L. 1521-1 to L. 1521-10 are applicable to the French Southern and Antarctic Lands, subject to the provisions of the Antarctic Treaty issued by Decree No. 61-1300 of 30 November 1961.
L. 1671-2
For the purposes of this part of the code in the French Southern and Antarctic Lands, the following terms are replaced as follows:
1° The words: "prefect" and "prefectural authority" by the words: "state representative";
2° The words: "in each department" by the words: "in French Southern and Antarctic Lands";
3° The word "prefectural" by the words "of the representative of the State".
L. 1671-3
In the absence of adaptation, references made, by provisions of this Part of the Code applicable to the French Southern and Antarctic Lands, to provisions that are not applicable therein are replaced by references to provisions having the same locally applicable object.
Part 2
LEGAL REGIMES OF DEFENSE
LIVRE I
EXCEPTIONAL APPLICATION REGIMES
PART I
GUERRE
Chapter 1
Functioning of public authorities
This chapter does not include legislation.
Chapter 2
Provisions applicable to municipalities
L. 2112-1
In wartime, the rules relating to the powers of the prefect in respect of municipalities are defined by articles L. 2124-3 to L. 2124-7 of the general code of territorial authorities.
Chapter 3
Commitments
for the duration of hostilities
L. 2113-1
Any person not subject to military obligations and not exercising any profession or occupation in which his or her maintenance is deemed useful in the cases provided for in Article L. 1111-2 may, from the time of peace, commit to the prefect of the department of his or her home or residence, to serve for a period not less than one year and that cannot exceed the duration of hostilities, in a public administration or service In this case, she receives a letter of assignment. The commitment is always resilient to the will of the competent administration. It is renewed within six months of the five-year census.
L. 2113-2
In the cases provided for in Article L. 1111-2, decrees establish the conditions under which foreign nationals may be allowed, upon written request, to cooperate with the administrations, institutions and services provided for in the fourth paragraph of Article L. 2212-1.
The preparation of the measures to be subject to these decrees is provided in instructions issued from the time of peace, to the diligence of the ministers concerned.
With regard to the employment, as a labour force, of allied or neutral nationals stationed in France, instructions also determine, from the time of peace, the competent ministerial departments to settle the situation of these aliens:
1° Vis-à-vis the authorities of their own country;
2° Vis-à-vis French laws and authorities and to set the rules of their use.
PART II
STATEMENT
Single Chapter
L. 2121-1
The state of siege can only be declared by decree in council of ministers in case of imminent danger resulting from a foreign war or an armed insurrection.
The order designates the territory to which it applies and determines its duration of application.
L. 2121-2
Immediately the state of siege decreed, the powers vested in the civil authority for the maintenance of order and the police are transferred to the military authority.
The civil authority continues to exercise its other powers.
L. 2121-3
In the territories declared in a state of siege in the event of imminent danger resulting from a foreign war, military courts may be seized regardless of the quality of the principal perpetrators or accomplices in the knowledge of the offences provided for and punished by articles 224-1 to 224-5, 322-6 to 322-11, 410-1 to 413-12, 432-1 to 432-5, 432-11, 433-1 to 433-3, 4
Military courts may also hear:
1° Facts sanctioned by Article 476-7 of the Code of Military Justice;
2° From the provocation, by any means, to the disobedience of the soldiers to their leaders in all that they command them for the execution of military laws and regulations;
3° From provocation, by any means, to the crimes of murder, murder, fire, looting, destruction of buildings, military works;
4° Offences committed by suppliers in respect of supplies to the armed forces, in the cases provided for in articles L. 213-1 to L. 213-5 of the Consumer Code and the special laws related thereto;
5° Fakes committed to the harm of the armed forces and, in general, all crimes or offences that violate national defence.
This exceptional regime ceases in full right to peace.
L. 2121-4
If the state of siege is decreed in the event of imminent danger resulting from an armed insurgency, the exceptional jurisdiction recognized in the military courts, with respect to non-military, may apply only to crimes specifically provided for by the military justice code or the articles of the criminal code referred to in the first paragraph of Article L. 2121-3 and related crimes.
L. 2121-5
In the cases provided for in articles L. 2121-3 and L. 2121-4, the courts of common law remain seized until the military authority claims the prosecution.
L. 2121-6
After the lifting of the state of siege, the military courts continue to be aware of the crimes and offences brought before them.
L. 2121-7
When the state of siege is decreed, the military authority may:
1° Make home searches of day and night;
2° To remove any person who has been convicted for a crime or offence and individuals who do not have their domicile in places subject to a state of siege;
3° Order the surrender of arms and ammunition and carry out their search and removal;
4° Prohibit publications and meetings that it considers likely to threaten public order.
L. 2121-8
Notwithstanding the state of siege, all the rights guaranteed by the Constitution continue to be exercised, when their enjoyment is not suspended under the preceding articles.
PART III
URGENT STATE
Single Chapter
L. 2131-1
Emergency rules are defined by Act No. 55-385 of 3 April 1955.
At the same time, the provisions of title II and title III of this book cannot be applied simultaneously.
PART IV
MOBILIZATION AND GARDEN
Chapter 1
Organization
L. 2141-1
The general mobilization implements all the defence measures already prepared.
The warning consists of certain measures to ensure the freedom of action of the Government, to reduce the vulnerability of populations or major equipment and to ensure the security of the operations for the mobilization or implementation of military forces.
L. 2141-2
The general mobilization and, subject to the provisions of the last paragraph of Article L. 1311-1, the warning shall be decided by decrees taken in council of ministers.
The Minister of Defence is responsible for transmitting and notifying the order of mobilization to the various civil and military authorities concerned.
L. 2141-3
The decrees provided for in Article L. 2141-2 have the effect, within the framework of the existing laws, of the immediate implementation of the provisions it is for the Government to prepare and adapt at any time to the needs of the defence.
They shall open in all cases to the Government under the conditions and penalties set out in Book II of this Part for requisitions:
1° The right to request persons, goods and services;
2° The right to submit to control and distribution, the resources of energy, raw materials, industrial products and products necessary for the supply and, to this end, to impose the necessary hardships on natural or legal persons in their property.
L. 2141-4
Mobilization can be general or partial.
In the event of a partial mobilization, the personnel designated by the decree provided for in section L. 2141-2 shall be summoned in an individual order of appeal, indicating to each of them the training that it must complete and the specified time limit in which it must join. The order of partial mobilization may also be broadcast through public posters and publications.
When the mobilization is ordered, anyone who is subject to military obligations obeys, without waiting for the notification of an individual road order, the instructions given on the mobilization fascicle or on the order of which he is holding, or on the order of appeal that has been regularly notified to him, under penalty of unsubmission, whatever his situation and where he is located.
Chapter 2
Provisions applicable to municipalities
L. 2142-1
The rules relating to the functioning of the municipal council in the event of general mobilization are defined by articles L. 2124-1 and L. 2124-2 of the general code of territorial authorities.
PART V
DEFENSE SERVICE
Single Chapter
L. 2151-1
The defence service is intended to ensure continuity of the actions of the Government, the branches and services of the State, the territorial authorities, and the bodies attached to them, as well as the enterprises and institutions whose activities contribute to the defence, security and integrity of the territory, as well as to the security and life of the population.
The categories of activities mentioned in the previous paragraph are specified by decree.
In the circumstances provided for in Article L. 1111-2, the use of the defence service is decided by decree in council of ministers.
L. 2151-2
The obligations of the defence service shall apply to persons aged 18 or more years of age, of French nationality, without nationality or beneficiaries of the right to asylum, as well as to nationals of the European Union carrying on one of the activities set out in the decree provided for in the second paragraph of Article L. 2151-1, with the exception of those who have been ordered to join their military or civil assignment.
L. 2151-3
Employers of the persons referred to in Article L. 2151-2 are required to notify their staff at the time of recruitment that they are placed under the defence service.
L. 2151-4
During the implementation of the defence service, the defence collectives are retained in their usual use or required to join them if they are not called under the reserve for the needs of the armed forces.
L. 2151-5
During the implementation of the defence service, collective defence employees continue to be subject to the rules of discipline and sanctions established by the statutes or rules of procedure of their employment agency.
L. 2151-6
The procedure for the application of the provisions of this title shall be determined by decree in the Council of State.
PART VI
RESULTS OF MANOINTS
AND EXERCISE
Single Chapter
L. 2161-1
For the execution of the shooting exercises, marches, manoeuvres or general operations that involve the instruction of the troops, the military authority has the right, either to temporarily occupy the private properties, or to temporarily prohibit their access, under conditions defined by decree in the Council of State.
L. 2161-2
Allowances are awarded:
1° In the event of material damage to the properties of individuals or communes by the passage or parking of troops, in the marches, manoeuvres and general operations provided for in Article L. 2161-1;
2° In the event of damage caused, either by material damage or by deprivation of enjoyment, to the properties occupied by the troops or prohibited to the inhabitants during the shooting exercises provided for in Article L. 2161-1.
Such allowances shall, as soon as they are due, be claimed by the persons entitled to the town hall of the municipality within three days of the passage or departure of the troops.
A commission conducts damage assessment. If this assessment is accepted, the amount of the set amount is paid in the field.
In the event of disagreement, the challenge is brought and judged as stated in Article L. 2234-23.
The composition, mode of operation and territorial competence of this commission are defined by decree in the Council of State.
L. 2161-3
Every time a communal road or a rural road maintained in a state of viability is degraded by the passage of vehicles or special equipment of the armed forces or the execution of fire, special contributions can be attributed, whose quotity is proportionate to the degradation caused. Degradation is noted and subsidies are regulated under the conditions defined by section L. 141-9 of the Highway Traffic Code and section L. 161-8 of the Rural Code.
LIVRE II
REQUIREMENTS
PART I
REQUIREMENTS FOR GENERGY
DE LA NATION
Chapter 1
General principles
L. 2211-1
In the cases provided for in Article L. 1111-2, the benefits necessary to ensure the defence are obtained by amicable agreement or by requisition. The right of requisition shall be opened under the conditions laid down in articles L. 1111-2 and L. 2141-3 for all or part of these services in all or part of the territory.
In the same cases, the right of requisition provided for in Article L. 2221-2 may be extended by decree to any or part of the formed formations of the defence service.
This right is exercised under the terms and conditions set out in Chapter 3 of this title, as well as in Chapters 3 and 4 of Title III of this book.
L. 2211-2
Notwithstanding the cases provided for in Article L. 1111-2, the Government continues to have the powers conferred on it by Articles L. 2211-3, L. 2211-4, L. 2212-1 to L. 2212-3, L. 2213-1 to L. 2213-4, the first paragraph of Article L. 2236-2 and L. 2236-6.
L. 2211-3
The exercise of the right to request, as defined in this title, shall be, in accordance with the nature or purpose of the requisitions, the competent ministers, taking into account the provisions of Book I, concerning the direction of defence, of Part 1 of this Code.
L. 2211-4
A decree in the Council of State shall determine the modalities for the application of the provisions of this title. It specifies the conditions under which the right to request can be delegated and to which authorities.
It also determines the administrative authorities responsible for deciding on the challenges to which the requisition of persons may take place.
Chapter 2
Requisitions of persons
L. 2212-1
In the cases provided for in section L. 1111-2, men not called for military service or defence service may be required individually or collectively, under the conditions and penalties set out in this heading, and in chapters 4 and 6 of Title III.
The call under the flags stops the requisition.
The requisition is pronounced for a temporary or permanent period.
The requirements are used according to their profession and skills, or, where appropriate, according to the abilities, beginning with the youngest and taking into account the family situation, either in isolation, or in public administrations and services, or in institutions and services operating in the interests of the nation.
Requirements not subject to military obligations defined by the national service code may not, in any case, be assigned to special bodies.
It may also be subject to requisition each individual retaining his or her function or employment, all staff being part of a service or undertaking considered essential to ensure the needs of the country.
Individuals who have a retirement pension, who have belonged to any title to the State, territorial authorities and their institutions, as well as to the public services, whether granted or not, are kept at the disposal of the administration or service that they were part of for a period of five years from the date of their retirement, subject to the physical and intellectual fitness requirements required. The penalties provided for in the third and fourth paragraphs of Article L. 2236-3 are applicable to them.
L. 2212-2
The requisition may apply to female staff under the same conditions and under the same penalties as for male staff.
However, in the cases referred to in Article L. 1111-2 may not be subjected to individual requisitions or pregnant women or women who actually have custody in a non-professional manner either one or more children of age equal to the upper limit of the school obligation, i.e. one or more persons over the age of seventy years or with disabilities requiring permanent assistance.
At any time, female personnel who are likely to occupy the positions necessary for the defence, whose list is defined by decree on the report of responsible ministers, are subject to census and declaration obligations regarding their civil status, domicile or residence, and their professional and family situation.
The requesting authority shall notify these personnel, by registered letter with acknowledgement of receipt, of the job assigned to them and of the conduct to be held in the event set out in section L. 1111-2. These staff are required to acknowledge receipt and report any change in residence.
For their preparation for their employment, these personnel may be treated at periods of instruction, which may not exceed three days a year.
Section L. 2113-1 applies to female staff referred to in this section, who are volunteers to serve in the cases provided for in Article L. 1111-2. The provisions of the preceding three paragraphs apply to these personnel.
L. 2212-3
In each department, the administrative authority, on the guidance provided to it by the hierarchical authority, and taking into account the provisions of Article L. 1141-5, ensures the distribution of personnel resources between public administrations and services and establishments and services whose employment is provided in the cases provided for in Article L. 1111-2, taking into account the importance of institutions in the national defence, and in particular the priority given to the establishments.
Some personnel may receive a letter of assignment from the time of peace under the conditions set out in the last paragraph of section L. 1141-5. In this case, they are required to acknowledge their receipt and report any change of residence to the signatory authority.
Chapter 3
Requisitions of goods and services
L. 2213-1
The provision of the services of goods and services, necessary to ensure the needs of the country in the cases provided by law, may be obtained either by amicable agreement or by requisition according to the terms defined by decree in the Council of State. This decree determines, inter alia:
1° The conditions under which the right of requisition may be delegated;
2° The authorities receiving the delegation;
3° The conditions under which a descriptive statement and inventory are established when taking possession of the required property.
L. 2213-2
It may also be subject to requisition all personnel who are part of a service or business considered essential to ensure the needs of the country, each person maintaining his or her job or job.
L. 2213-3
On the entire scope of the national territory and in territorial waters, may be required, for the needs of the country, the services of companies and persons, as well as the ownership or use of all property, with the exception of the property of buildings by nature whose acquisition can be carried out only by means of amicable disposal or expropriation. The requisition of French ships and aircraft is validly exercised even if they are in the high seas, in foreign waters or in a foreign territory. Notification of requisition may be made at the headquarters of the marine or air carrier if these vessels or aircraft are owned by a company.
In the event of temporary possession, by way of requisition of use, of any enterprise, whatever its purpose, form or nature, the State may use it for any purpose justified by the needs of the nation.
As part of this chapter, the premises actually serving the dwelling may only be requisitioned in their available parts, not indispensable to the lives of the regular occupants. Every time it is necessary, the right to requisition may be exercised in the form of housing or cantonment, in the home. The State may not require the full use of an occupied dwelling, in order to meet exceptional needs, only in circumstances and under conditions defined by a decree in the Council of State.
The requisition addressed to a person or company may be limited to a requisition of services, i.e., to the obligation of the person to perform, by priority, the prescribed services, with the means available to the person and while maintaining the direction of his or her professional activity.
L. 2213-4
The requisition is individual or collective; it is direct or executed through the mayor. It is written. The order is signed by a regularly qualified authority; it mentions the nature and quantity of the required benefits and specifies whether it is a requisition of property, use or services.
It is issued to the provider a receipt of the benefits provided that mentions their nature, quantity and status.
For the goods required for use, at the end of requisition, the identification of any degradations, transformations or improvements resulting from it shall be carried out.
L. 2213-5
French national shipowners are required to ensure shipping of national interest.
These provisions are also applicable to shipowners of foreign nationality of French flag vessels.
L. 2213-6
The national nature of a marine transport is recognized by a decision of the Minister of Transport, notified to each interested person.
L. 2213-7
The conditions under which carriages under section L. 2213-5 shall be determined by mutual agreement between the user minister and the interested shipowner, after notice of the Minister of Transport.
This agreement, where applicable, regulates the reimbursement of additional costs specifically and reasonably incurred by the shipowner to make the ship(s) available to the user minister on the prescribed date and place.
The agreement specifies under what conditions the use of the vessel during a national transportation of interest may be subject to instructions from the user minister derogating from normal operating rules and, for the purposes of the national defence, to the conditions applicable to the nationality of the crews.
These derogatory instructions are notified to the shipowner.
The master and crew members may not be subject to disciplinary action as a result of the execution of these instructions.
L. 2213-8
In the absence of an amicable agreement or in the event of an unfulfilled agreement by the shipowner, the requisition of the shipowner's services or the use of the necessary vessels shall be decided by joint order of the Minister of Transport and the Minister of Economy and Finance, for a maximum of one year, possibly renewable, under the conditions set out in this chapter, as well as Chapter 4 of Title III of this book, concerning the settlement of requisitions. The requisition of the services of the shipowner shall requisition the services of the personnel necessary for the execution of the services for which the shipowner is required. The personnel required for the performance of the services for which the shipowner is required are designated by the requesting authority on the proposal of the shipowner.
PART II
MILITARY REQUIREMENTS
Chapter 1
General conditions for the exercise of the right of requisition
L. 2221-1
The provisions of this title shall apply, subject to the provisions of the previous title, to requisitions for the specific needs of the armed forces.
Section 1
Requisitions for the army of land and the national gendarmerie
L. 2221-2
In the event of a partial or general mobilization of the army of land and the gendarmerie or assembly of troops, the Minister of Defence determines the date on which, in all or part of the French territory, the obligation to provide the necessary benefits to supplement the failure of the ordinary means of supply of the army of land and gendarmerie.
Apart from the above-mentioned cases, where the circumstances require, this date is determined by a Cabinet Order.
Section 2
Requisitions for the National Navy and the Air Force
L. 2221-3
The provisions relating to the military requisitions provided for in Titles II and III of this book shall apply, at any time and in any place, to the requisitions carried out for the purposes of the Navy and the Air Force.
Decrees taken in the Council of State determine the powers of the authorities of the navy and the air force or any other French authority which they delegate, with regard to the right to request and the conditions of execution of the requisitions.
Section 3
Principle of entitlement
L. 2221-4
All benefits are entitled to compensation representative of their value, except in cases specifically determined by section L. 2234-8.
Section 4
Rules of form and competence
L. 2221-5
Requisitions are always written and signed.
They mention the species and the amount of benefits imposed and, as far as possible, their duration.
A receipt of benefits is always issued.
L. 2221-6
A decree in the Council of State determines the conditions for the execution of this title with regard to the designation of the authorities having the capacity to order or exercise the requisitions, the form of such requisitions and the limits in which they may be made.
The Order also determines the persons to whom the right of requisition may be delegated for reasons, either of their functions or of the special mission conferred upon them by the Minister of Defence. In the latter case, the delegation may, on an exceptional basis and only in the event of mobilization, be given to a person who does not belong to the armed forces.
Section 5
Implementation
L. 2221-7
Any requisition is addressed by the military authority to the commune; She's notified to the mayor. However, if no member of the municipality is located at the headquarters of the commune, or if an urgent requisition is impossible at a point far from the headquarters of the commune, the requisition may be sent directly by the military authority to the inhabitants present.
Requisitions on a commune must be limited to the resources available there, without being able to absorb them completely.
L. 2221-8
The mayor, assisted, except for the case of force majeure or extreme emergency, of four members of the municipal council called in the order of the table, distributes the services required between the inhabitants and the taxpayers, even though they do not live and are not represented.
It delivers to each of them a statement of the benefits provided.
The mayor shall take the necessary measures by the circumstances to ensure that, in the absence of any resident or taxpayer, the distribution, with respect to it, is effective.
Instead of distributing, the mayor, assisted as stated above, may, on behalf of the municipality, provide directly to the provision and delivery of the required benefits; expenses incurred by this operation are charged to the general resources of the municipal budget, without requiring special authorization.
In the cases provided for in section L. 2221-7, where the required benefits are not provided within the prescribed time limits, the military authority shall, on its own, distribute the inhabitants.
L. 2221-9
Municipalities may not include, in the distribution of benefits, that they are required to provide any object belonging to the operators of the fuel mines or industrial establishments and used for their operation, or any object located either on the waterways designated to serve military transport or on their dependencies, either in customs warehouses or in general stores, or in the course of rail transport.
L. 2221-10
In the event of a refusal by the residents to consent to the requisitions, the recovery of benefits is ensured by force as necessary.
Chapter 2
General benefits
L. 2222-1
Requisitions require the provision of the necessary services to the armed forces, including:
1° The accommodation of the inhabitant and the cantonment for staff in the available premises, as well as the buildings, land and water bodies necessary for personnel and equipment of the services of any kind that depend on the armed forces;
2° Daily feeding of the soldiers housed in the inhabitant;
3° The food and heating of the armed forces;
4° Aircraft, means of transportation of any kind and their accessories, including personnel and materials necessary for their operation;
5° Vessels or boats on rivers, rivers, lakes and canals;
6° The materials, tools, machinery and apparatus necessary for the construction or repair of the communication channels, and, in general, for the execution of all military work;
7° Drivers, as well as personnel for all the work that the various units of the armed forces have to perform;
8° Treatment of the sick or injured in the inhabitant;
9° Clothing, equipment, camping, arming and sleeping objects, medicines and means of dressing;
10° All other objects, materials and services that are required by military interest.
The requisition can only relate to the use of the thing, which is returned to its owner when the requisition ended.
Except for the case of mobilization it can only be requisitioned from the 1st to 6th of this article. Aircraft, means of transport of any kind and their accessories, vessels and craft referred to in the fifth and sixth preambular paragraphs may also be required, each time, for a maximum of twenty-four hours in the case of the mobilization or assembly of troops.
Apart from the case of mobilization, or the establishment of formed units for mobilization exercises, the requisition can only cover the services listed from 1° to 5°.
In addition to the case of mobilization, the establishment of formed units for the purpose of mobilization exercises, and the gathering of troops resulting from reservists' recalls under Article 17 of Law No. 99-894 of 22 October 1999 concerning the organization of the military reserve and the defence service, the means of transport of all nature and their accessories, the boats and boats mentioned in the 4th and 5th can only be required, each time
L. 2222-2
Requisitions relating to the use of industrial establishments for the supply of goods other than those resulting from their normal manufacture may only be carried out on an order of the Minister of Defence or the Commander of the operation or designated force.
L. 2222-3
In the event of an emergency, on the order of the Minister of Defence or the superior military authority responsible for the defence of the place, it may be provided, through requisition, with the training of the supplies necessary for the subsistence of the inhabitants of the garrison towns.
Requisitions for the establishment of these supplies may be made by the administrative authorities under a special delegation of the arms commander.
A decree in the Council of State determines the civil authorities to which the right to request can be delegated and the conditions and forms in which this right is exercised.
L. 2222-4
In marine waters, owners, captains or owners of ships, boats and boats of all kinds are required, upon requisition, to make these ships, boats or boats available to the military authority, which has the right to dispose of them in the interest of its service and which may also require personnel in whole or in part.
Chapter 3
Special rules for certain benefits
Section 1
Requisitions of housing and cantonment
L. 2223-1
The accommodation of troops, whether in a station or on the way, in the inhabitant, is the installation of personnel and equipment in the parts of the housing or buildings of the recognized individuals, as a result of a census, as suitable for such use, and fixed in proportion of the resources of each individual; the installation conditions for the military of each grade and the equipment being determined by the regulations in force.
The cantonment of troops in station or on-going is the installation of personnel and equipment in dwellings, establishments, buildings or shelters of any nature belonging to the individuals, the territorial authorities and their establishments, or to the State, without taking into account the conditions of installation assigned, with regard to the accommodation defined above, to the soldiers of each grade and the equipment, but by using, to the extent necessary, the contenance
L. 2223-2
According to Article L. 2222-1 and in the event of insufficient military buildings for the accommodation of troops in garrison towns, it is supplemented by houses or facilities leased by municipalities, recognized and accepted by the military authority, or by means of the accommodation of officers and troops in the inhabitant.
The accommodation is provided in the same way, in the absence of military buildings in the cities, villages, hamlets and isolated houses, to the detached or cantoned troops and to the passing troops and to the isolated military.
L. 2223-3
The municipality shall conduct a census of all dwellings, establishments which the inhabitants may provide for the accommodation or cantonment of the troops in the circumstances specified in article L. 2223-2.
This census is communicated to the military authority.
It may be revised, in whole or in part, in the localities and times established by the Minister of Defence.
L. 2223-4
In the establishment of housing or cantonment in the home, municipalities do not distinguish people, regardless of their functions or qualities.
However, it is not necessary to provide housing in their homes to the religious communities closed. But they are obliged to be replaced by providing in-kind housing among other inhabitants, with whom they make arrangements for this purpose; in the absence of any provision at their expense by the municipality.
Officers, in their garrison or residence, do not house troops in the military accommodation provided to them in kind. When they are housed outside the military buildings, they are not required to provide accommodation to the troops as much as the one they occupy exceeds the proportion assigned to their rank or employment.
Garrison officers in their ordinary place of residence are required to provide accommodation in their own home, such as other residents.
L. 2223-5
Municipalities ensure that the burden of housing or cantonment is allocated fairly to all inhabitants.
The inhabitants are never dislodged from the bedroom or bed where they are used to sleeping; However, under this pretext, they cannot escape the charge of housing according to their faculties.
Apart from mobilization, the mayor cannot have the home of the absent. These are held to a compensatory contribution.
Public or private establishments previously required by the military authority, and effectively used by it, are not included in the distribution of housing or cantonment.
L. 2223-6
In all circumstances, the troops are entitled to heating and lighting at home.
Section 2
Vehicle searches
L. 2223-7
The military authority has the right to acquire, through requisition and under the general conditions provided for in this title, motor vehicles, agricultural tractors and trailers for motor vehicles, necessary for the service of the armed forces.
L. 2223-8
Owners whose vehicles have been recognized as fit for the needs of the army are notified, in due course, by an order of summons from the military authority, of the conditions in which they cause them, upon opening the right of requisition or mobilization, to the headquarters of requisition commissions. The handover of summons orders is the subject of an acknowledgement of receipt, transmitted to the military authority by the mayor of the commune and the prefectural route.
All recognized vehicles suitable for the needs of the armed forces must be equipped with accessories, spare parts, and a supply of fuel and ingredients determined by the administrative authority.
L. 2223-9
Exempt from requisition to mobilization:
1° Vehicles belonging to non-French diplomatic agents accredited in France, as well as vehicles of agents of foreign consular missions accredited in France;
2° Vehicles belonging to physicians, veterinarians and midwives, based on a car for each of them, provided they actually practise their profession;
3° Vehicles required for public transportation services and motor vehicles of national interest.
The list of vehicles referred to in paragraph 3 above, which corresponds to the needs of public administrations, public transport, national defence, economic life, hygiene and public safety, is communicated by the relevant ministerial departments to the Minister of Defence or the authorities delegated by him for this purpose.
In the event that, due to the deficits to be filled, some of these vehicles are recognized as necessary for the needs of the armed forces, their replacement is ensured, by agreement between the delegated authorities of the Minister of Defence and the Minister of Public Works, by means of vehicles not subject to requisition.
L. 2223-10
Mixed commissions carry out the requisition of motor vehicles and trailers brought to the requisition centre.
1° These joint commissions include an officer, president, and a civilian member.
2° These members are designated by the military authority from the time of peace, after agreement with the prefects with respect to the civilian member and its possible alternate.
3° The Commission's operating rules are set by regulation.
L. 2223-11
The joint requisition commissions decide on the claims or excuses submitted by the owners of the required vehicles.
Section 3
Railway requisitions
L. 2223-12
In the cases provided for in section L. 2221-2, railway operators are required to make available to the Minister of Defence all the personnel and equipment he deems necessary to ensure military transportation. The personnel and equipment so required may be indifferently employed, on the entire French grid.
L. 2223-13
The outbuildings of the stations and the track, including the offices, the carriers' transmission supports, which may be necessary for the administration of the defence, are also placed, upon requisition, at the disposal of the military authority.
L. 2223-14
The requisitions provided for in articles L. 2223-12 and L. 2223-13 shall be carried out in accordance with the terms set out by decree, and shall result in compensation determined by chapter 4 of title 3 of this book relating to the settlement of requisitions.
L. 2223-15
In wartime, commercial transport ceases straight on the railway lines located beyond the transition station established on the basis of operations.
This deletion does not result in any compensation.
L. 2223-16
The municipalities cannot understand, in the distribution of the benefits they are required to provide, any object belonging to the railway operators.
Section 4
Inland waterway requisitions
L. 2223-17
In the event of the mobilization of the armed forces or in the cases provided for in the last paragraph of section L. 2221-2, the operation of inland waterways designated by the Minister of Defence shall be conducted under the direction of the military authority, by the navigation services or by special troops.
On the routes so designated, and without prejudice to the requisitions which may be sent, through the mayors, by application of articles L. 2221-6 and L. 2221-7, may be required directly, in the form of either services or acquisitions, vessels of any nature loaded or not, crews, and, in general, personnel, equipment and supplies of any kind necessary for such operation; may also be required directly the loadings of the ships, as well as the goods deposited on the ports and dependencies of the said routes.
Commercial transport and any traffic shall cease in full right on the routes under the direction of the military authority, except to be resumed at the time and to the extent fixed by the Minister of Defence; this deletion does not result in any compensation.
Section 5
Industrial requisitions
L. 2223-18
In the event of the mobilization of the armed forces or in the circumstances referred to in Article L. 1111-2, the operators of industrial establishments may be required, upon direct requisition, to make available to the military authority all the resources of their operation in personnel, equipment, raw materials and products, and to perform the productions, manufactures and repairs required for the service of the armed forces, the establishments of defence and the supplies of the places of war.
By derogation from the provisions of Article L. 2221-7, the requisitions of industrial establishments are addressed by the military authority, operator or representative.
As long as the requisition lasts, no operator can, without authorization, make to third parties deliveries of materials, products and objects of the nature of those who have been requisitioned.
In the event of insufficient means of production, the military authority may, on a new requisition, carry out partial or total possession of the industrial establishments and ensure the exploitation by its own means.
In this case, and prior to taking possession, the operator or the operator shall be immediately referred to the descriptive inventory of the equipment, supplies and inventory of the establishment. During the period of operation by the military authority, the industry is authorized to monitor operations without, however, hindering operations.
Section 6
Requisitions of goods deposited in customs warehouses and in general stores, or being transported by rail
L. 2223-19
In the event of military mobilization or in the circumstances referred to in Article L. 1111-2, goods may be requisitioned directly from customs warehouses and general stores, as well as goods being transported by rail.
The order of requisition is validly sent to the manager of the warehouse or general store, or to the railway operator.
The execution of the requisition removes the customs warehouse, the general store or the railway operator from their commitments as depositaries or carriers, and the persons concerned have, on payment of the allowances, the same rights and privileges as on the goods and objects requisitioned.
PART III
COMMON PROVISIONS
THE ENVIRONMENT OF REQUIREMENTS
Chapter 1
Obligations imposed on territorial authorities
National Defence
L. 2231-1
The rules relating to respect for the hardships imposed by the national defence to the territorial authorities are defined in Article L. 1111-7 of the general code of the territorial authorities below:
"Art. L. 1111-7 of the general code of territorial authorities.
Territorial authorities exercise their own competence in accordance with national defence requirements.
In this regard, the division of powers provided for by law does not preclude the ability of the State authorities to take, with respect to the territorial authorities, their public institutions and their groupings, the necessary measures to exercise their powers of defence, such as the defence code.
As such, the State has the services of municipalities, departments, regions, their groups and public institutions as necessary. »
Chapter 2
Census and classification
L. 2232-1
The Government may proceed from the time of peace, under conditions determined by decree in the Council of State, to any census of persons, equipment, vehicles, materials or objects, products, foodstuffs, equipment, buildings, installations or undertakings that may be required for mobilization or in the cases provided for in Article L. 1111-2 and to any tests that it considers indispensable.
Chapter 3
Prior blocking to proceed
to requisitions
L. 2233-1
In the conditions and for a period determined by decree in the Council of State the qualified authority to requisition has the ability to prescrib the pre-emptive blocking of the movable property, in order to carry out their requisition.
This measure shall include, for the owner or owner of the goods, the obligation to submit them to any request of the administration at the place and in the state where they were on the day of the blockage.
Where the blockage, as a direct consequence and for the duration of the blockage, the additional costs of custodial, conservation and, possibly, agio, or, where applicable, damages or damages associated with blocked property, the refund may be requested, on justification, by the owner or holder of such property.
Chapter 4
Regulation of requisitions
Section 1
Compensation
L. 2234-1
The remuneration of the benefits required under this book shall be in accordance with the requirements of this chapter.
Indemnities due to the provider only compensate for the material loss, direct and certain that the requisition imposes on it. They take into account only all expenses that have been exposed in an effective and necessary manner by the provider, the remuneration of the work, the depreciation and the remuneration of the capital, valued on a normal basis.
No compensation is payable for the deprivation of profit that could have provided the provider with the free disposition of the required property or the continued freedom of his professional activity.
Compensation is payable from the final or temporary possession of the property, or from the commencement of prescribed services. However, if the provider justifies a direct injury resulting from the requisition following the notification of the order of requisition and prior to its execution, the allowances are due from the day on which the damage became effective subject to the slaughter that they may have.
If there is no legislative or regulatory basis for determining prices or rents, the final or temporary dispossession allowances shall be determined by any element, taking into account the usual prior use of the required property.
The temporary dispossession shall be entitled to a periodic benefit of deprivation of enjoyment.
In the event of a requisition for use in requisition of property, the sums allocated during the temporary dispossession as a depreciation and, if it is a ship requisition, the amounts eventually paid for repairs and maintenance but not used are deducted from the final dispossession allowance.
Services requisitions are in principle compensated from the normal and legal prices of the services provided. In the absence of such prices, when it comes to corporate benefits, the allowance shall be determined by adding to the temporary dispossession allowance calculated in accordance with the provisions of Article L. 2234-2, the amount of normal operating expenses and expenses incurred by the company for the performance of the services provided.
L. 2234-2
Where the buildings required for use are assigned to an active operation, the temporary dispossession allowance shall take into account, if any, the actual loss resulting from the total or partial incapacity to operate in the required premises.
To assess the duration and importance of reducing the normal activity of the operation, it is reported, on the one hand, of its possibilities for transfer and subsequent resumption of activity, on the other hand, of the results of the last three years.
When it is a non-agricultural and non-transferable operation, the dispossession allowance is calculated from the value of all the required assets. If there are debts specifically related to the tangible elements of this asset, and if the interest in compensation does not cover the expenses of these debts, it may be increased, to that effect, to the extent that the provider normally acquired them with the products of the company; However, where the costs involved include a depreciation, the depreciation is periodically deducted from the asset value.
The depreciation included in the allowance shall apply only to the tangible elements and may not exceed the rate allowed before the requisition for the calculation of the taxes. If the provider is a tenant of the required buildings, the interest and amortization are calculated on the only assets owned by the contractor, and the current rent for the immovables is refunded.
When it is a non-transferable farm, the allowance for deprivation of enjoyment under the sixth paragraph of Article L. 2234-1 is increased to compensate for the reduction or absence of crops, taking into account previous productions appreciated by all means and lawful courses in force in the region during the requisition period. The regulations are made by normal operating period, taking into account local uses.
Where an operation may be transferred in whole or in part outside of the required place, the direct transfer fee is reimbursed to the provider.
L. 2234-3
Under the conditions defined by decree in the Council of State, additional allowances may be allocated, on justification, to compensate for unindemnified damages under the fourth, fifth, sixth and seventh paragraphs of Article L. 2234-1 and under Article L. 2234-2, or to reimburse the necessary costs directly motivated by the requisition, as well as unavoidable expenses normally incurred in the use of the goods required by the requisition.
L. 2234-4
The requisition allowance is assessed on the day of the final or temporary dispossession of the property or on the first day of the performance of the service delivery; in the event of damage, the compensatory allowance is assessed on the day of the administrative decision that sets the amount.
When, after requiring the use of a movable property, the requesting authority extends the requisition to the property of that property, the final dispossession allowance shall be assessed on the day the requisition is notified, taking into account the state of the property on the day of temporary possession.
Payments other than final dispossession may be revised to reflect the legal variation in prices during the requisition period.
Payments are granted on request of the provider within the limits and conditions defined by decree in the Council of State. When the compensation has been liquidated, if it is not paid within six months of the administrative or judicial decision that has become final, the interest shall, at the legal rate, at the expiry of that period, run on the amount of the compensation due, deducted from the provisional allowance or advance payments to the provider.
L. 2234-5
As a general rule and whenever circumstances permit, rates or allowance rates established under the price legislation are defined by joint orders of the Minister of Defence, the Minister of Economy and Finance and the Minister responsible for the resource, after mandatory consultation or on a proposal by the advisory committee under section L. 2234-26, who, at that time, enjoins representatives of professional bodies.
Orders shall be subject to the signature of the Minister of Economy and Finance if the representative of that department to the Advisory Committee makes the request.
The requisition allowance is mandatory in accordance with the rates or scales that apply to the benefit. These rates or scales may be established from the time of peace and are revised whenever circumstances so require. It is compulsory for housing and cantonment as well as for motor vehicles. The housing scale also specifies the requirements.
L. 2234-6
The basic prices of motor vehicles required in property, whether or not they have been identified and classified, are determined, taking into account, inter alia, their year of manufacture, using scales.
A different allowance may be allocated from the allowance resulting from the application of the scale for vehicles of a noticeably higher or lesser than the base price of this scale. However, the increase or reduction may not exceed one-quarter of the base price and, in no case, the allowance awarded may exceed the price of a new vehicle of the same type. If the requisition is operated by the manufacturer, the compensation cannot exceed that reduced price from the manufacturer's normal margin to the dealers.
Where applicable, the amount of the purchase premium that could have been allocated, in peacetime, by the administration to the service providers, due to the special characteristics of the vehicles, is deducted from the total requisition allowance.
L. 2234-7
The requisition of a person made on the basis of sections L. 2212-1 and L. 2212-2 shall not be entitled to any compensation other than salary or salary.
The treatment is defined by the requesting authority on the basis of the early treatment of the occupied employment or the function to which the employment is assimilated. No assimilation other than that resulting from an express text can be decided only by order against the minister concerned and by the Minister of Economy and Finance.
Salaries are defined on the basis of normal wages.
Salaries may only be increased by yield premiums, the amount determined in each particular case by the requesting authority.
Persons whose services are required shall be provided with labour and social protection legislation, except for exemptions imposed by the circumstances.
L. 2234-8
The accommodation of troops, in the event of passage, assembly, detachment or cantonment, shall be entitled to compensation in accordance with Article L. 2221-4, except as follows:
1° The accommodation of the passing troops in the inhabitant or their cantonment for a maximum of three nights in each month, the said period indistinctly applying to the stay of a single different body or body in the same inhabitants;
2° The cantonment of the troops that manoeuvre;
3° The housing of the inhabitant or the cantonment of the troops gathered in the places of mobilization and their dependencies during the period of mobilization, including a decree fixed the duration.
L. 2234-9
A decree in the Council of State defines the housing arrangements of troops outside the military buildings.
The administrative authority shall determine the nature of the benefits to be provided and the rates of the allowances to be paid.
Section 2
Effects of requisition on insurance contracts
L. 2234-10
The rules relating to the execution of requisition insurance contracts are defined by articles L. 160-6, L. 160-7 and L. 160-8 of the insurance code.
Section 3
Consequences of work carried out by the State
on requisitioned buildings, ships or aircraft
L. 2234-11
The State may, in the requisitioned buildings, carry out any work intended for its needs, even if they have the effect of changing the destination of the buildings. These provisions may be invoked by the beneficiaries of the requisition, provided they obtain, prior to the execution of the work, the consent of the requesting authority. Remission of the premises in their prior condition cannot be required.
L. 2234-12
In order to ensure the preservation of the requisitioned building, the State or the beneficiary of the requisition may perform work that normally is the responsibility of the owner. In this case, prior to the execution of these, the owner or, failing that, the mayor is, except urgently, notified. At the end of the requisition, the owner is required to reimburse the State for the amount of expenses incurred in its place and place, to the extent necessary.
L. 2234-13
When the work carried out has reduced the value of the building, the owner is entitled to a less-value allowance. This allowance is combined with those that may be due by the State in accordance with articles L. 2234-18 and L. 2234-19. However, the cumulative amount of all such allowances may not exceed the maximum provided for in section L. 2234-19.
L. 2234-14
When the work carried out has increased the value of the building, the owner pays the State a surplus-value allowance. However, this compensation, which cannot in any case exceed the value of the work, valued on the day of the administrative decision, is calculated by applying to the amount of the surplus-value of the reductions specified by decree in the Council of State.
In the event that the amount of the property's surplus-value allowance charged to the owner exceeds 50% of the property's Veal Value in view of the work carried out and when the property has not changed the property's destination, the owner may request the purchase of the property by the State. In the event of a refusal of the owner, his debt on the owner is reduced to 50% of the value defined above.
When the work carried out has changed the destination of the building, the owner, regardless of the amount of the surplus-value allowance, may opt for the sale of his building to the State, which is then required to acquire it.
L. 2234-15
The Veal Values referred to in Articles L. 2234-13 and L. 2234-14 are valued on the day of the decision setting the compensation for surplus or lesser value; they agree land not understood when it comes to buildings built on the day of the requisition. In the case of acquisition by the State, pursuant to the provisions of Article L. 2234-14, the price is determined, including land, on the day of the transfer of the property, taking into account the state of the property on the day of the requisition and deduction of the normal depreciation included in the requisition allowance.
In the period of one year from the day the requisition ceases, the building is returned, the State shall notify the owner of its intention to collect the surplus-value allowance, for failing which its action is extinguished.
For the recovery of its debt, which is prosecuted in accordance with the provisions governing the recovery of federal debts, the State has a legal mortgage on the building that has benefited from a surplus-value.
L. 2234-16
When work carried out on a vessel, during the requisition of use, or for restitution to the shipowner, had the effect of modifying the prior operating conditions or the state of the ship, the owner, as the case may be, is entitled to the repair of the lesser-value, or pays, on the contrary, a surplus-value allowance to the State.
When work carried out on an aircraft, during its requisition, has resulted in an increase or a decrease in the value of the aircraft, the owner, as the case may be, pays the State a surplus-value allowance, or is entitled, on the contrary, to the payment of the less-value.
Section 4
Compensation
L. 2234-17
The State is responsible for the damage caused to the goods required for use and found at the end of the requisition, unless it proves that these are the result of the supplier or the owner, the vice of the thing, a fortuitous case or force majeure including the facts of war. However, when it comes to movable property, if the damage caused by a war in the course of requisition is recognized, under the conditions to be specified by a decree in the Council of State, as caused by an aggravation of risk attributable directly to the requisition, the exemption of the responsibility of the State does not play.
If there is a common occupation of a building with the contractor, the contractor demonstrates the responsibility of the State for the damages found in the parties that are accessible to the provider.
If a fire occurs to buildings required for use, the provisions of articles 1733 and 1734 of the Civil Code apply. When there is a common occupation with the State, proof of the responsibility of the State is the responsibility of the provider.
In the event of a requisition of services, and subject to the exemptions provided for in the first paragraph of this article, the State shall be liable for damages, losses or damages to persons, if the provider determines that they are the consequence either of the abnormal aggravation of the risk that the requisition may have imposed on it, or of the fault of the beneficiary of the benefit.
In the event of a requisition of use and services, where the damage is done by a third party, the State is subrogated to the provider in its rights against the responsible third party, for the reimbursement of compensation paid or expenses incurred for their repair.
L. 2234-18
When the State fails to make reparations for the damage to which it is liable under Article L. 2234-17 and to the extent that they are not covered by insurance, the compensatory allowance provided for in Article L. 2234-4 is determined according to the amount of the costs that would result in the remediation, affected, if appropriate, of a reduction factor
The same provisions are applicable in the event of loss or inability to repair all or part of the damaged thing, but taking into account, if applicable, the residual value.
L. 2234-19
In the event of a requisition of use, the amount of the remediation allowance of a property cannot exceed the Veal Value of that property as it has been requisitioned, valued on the day of the administrative decision fixing the compensation, deducting the amounts allocated during the requisition for the depreciation of that property.
In the event of a requisition of services, the compensation that may be payable to the service provider, in accordance with the provisions of Article L. 2234-17 for a damaged property, may not exceed the Veal Value of that property, valued on the day of the administrative decision fixing the compensation, taking into account its condition at the time the damage occurred.
In addition, when the administration is able to determine that the claimed compensation exceeds the amount of the actual remediation costs already incurred by the provider, the compensation is reduced to that amount.
To the extent that the performance of remedial work, normally carried out, prevents it from enjoying its property and thus causes it a material and direct injury, the provider may claim a supplementary, so-called post-requisition compensation, exclusive of any depreciation corresponding to the use. The cumulative amount of this allowance and the remediation allowance shall not exceed the maximum provided for in the first paragraph of this section.
When the damage is caused by an agricultural requisition, the assessment of remedial and post-requisition allowances takes into account the compensation already awarded under sections L. 2234-2 and L. 2234-3. On the other hand, the loss of temporary productivity during the strictly necessary time to replenish the operation is compensated, by analogy, as a shortfall, under the conditions provided for in Article L. 2234-13.
Where the work carried out by the State during the requisition, other than those intended to ensure the conservation of the building, has neither been to diminish it nor to increase its venal value, but is to cause a disturbance of enjoyment that requires, for the provider, the remission of the premises in their earlier condition, a compensation compensating the costs thus incurred may be granted under the conditions defined by the provisions of this section, on justification of the execution.
Section 5
Compensation settlement procedure
L. 2234-20
Each Minister or Secretary of State shall designate the qualified authorities to proceed with the settlement of the requisitions to which his department is a beneficiary and, if necessary, to bring him to justice for that purpose. This designation is brought to the attention of prefects who inform mayors of it.
In each department sits a requisition evaluation commission composed of equal numbers of representatives of public administrations and representatives of economic, professional, industrial, commercial or agricultural groups; its composition, its powers and the rules of its operation are defined by decree in the Council of State.
In addition, special assessment commissions may be established for certain categories of property, on the initiative of the responsible minister and under conditions defined by decree in the Council of State.
L. 2234-21
The liquidation authority, directly or through the mayor, of a claim for compensation, shall address to the supplier of settlement proposals by setting a time limit for the answer and, in the event of acceptance, mandate the compensation. In the absence of a response within the time limit provided for above, or in the event of a dispute, and except where the compensation is the result of the application of the rates and scales referred to in Article L. 2234-5, the case is obligatoryly submitted by the administration to the requisitions assessment board that issues a reasoned notice.
After finalizing the amount of the allowance, the administration shall notify the provider by registered letter with a request for a notice of receipt. This notification indicates the period, not less than 15 days and not more than three months, to be allowed to accept or refuse. If there is no response within the prescribed time limit, the allowance is deemed to be accepted and is mandated.
L. 2234-22
In the event of a refusal within the specified time limit, the claimant or its beneficiaries may, within six months, bring an action to the civil courts that determine within the normal limits of their jurisdiction.
Where the compensation is the result of the application of tariffs or scales provided for in section L. 2234-5, such courts may only rule on the fair application of the tariff or scale to the benefit provided.
L. 2234-23
When a provider is a tenant or sub-locatary of the required property, he is required to pay his rent only within the limit of the dispossession allowance he has collected for the same property.
L. 2234-24
The acts, parts and writings of any kind made for the purposes of the provisions of this chapter and exclusively relating to the regulations of the various allowances shall be exempted from the stamp. They are registered for free when the registration is formalized.
Notwithstanding all provisions relating to professional secrecy, public administrations and their agents are required, for the purposes of this chapter, to communicate to the authorities responsible for the settlement of requisitions, as well as to the assessment boards, all information relevant to the determination of requisition allowances. These authorities and their officers, as well as members of the assessment boards, are subject to the obligations of professional secrecy for all the information that they are aware of.
L. 2234-25
I. - Decrees in the Council of State shall determine the modalities for the application of the provisions of this chapter in respect of, inter alia:
1° Procedures for the settlement of requisitions of real property belonging to a community or public institution;
2° The rate of interest granted;
3° Methods for assessing the required benefits and payment of compensation;
4° The conditions under which a general coordination action on the resolution of requisitions is exercised, on behalf of the Prime Minister, by the Minister of Defence assisted by an interdepartmental advisory committee.
II. - Decrees also establish:
1° The procedures for the settlement and recovery of the surplus-value allowance, as well as for the reimbursement of large-scale maintenance expenses and the procedure for the possible acquisition of buildings by the State;
2° The rights and obligations of the required immovables, in respect of the State, when the State cleared, in their place and placed under the conditions laid down in articles L. 2234-11 to L. 2234-16, the situation resulting from the work carried out by the said affectionate persons;
3° The conditions under which:
(a) The in-kind or monetary repair of the less-value and compensation for surplus-value, in the event of work performed on a requisitioned vessel;
(b) The calculation and payment of the surplus-value allowance, and the compensation of the less-value, in the event of work performed on a requisitioned aircraft;
(c) Limitation of the surplus-value allowance to be claimed by the vessel or aircraft provider.
III. - Arrangements for the execution and settlement of requisitions and blocking, as provided for by the provisions of this chapter and articles L. 2213-1, L. 2213-3, L. 2213-4 and L. 2236-1, may be made by decree in the Council of State in order to deal with the requirements of the mobilization of resources in means of transport and public works which the Minister of Transport is responsible for the terms
Section 5
Facilitation measures
business cash
L. 2235-1
The holder of a receipt of benefits of property issued in accordance with the laws and regulations relating to the requisition of the property, may, if registered in the register of trade and corporations or in the register of trades, or if it is owned by the agricultural profession, require the officer in charge of the award of compensation to be issued with a statement indicating that the document, established as a single copy, forms in the title to the said receipt
This is the accountant responsible for payment. No change in the designation of the assignee accountant may occur after the completion of this formality.
L. 2235-2
The collateral provided for in Article L. 2235-1 shall be established in the form and substance of the common law, subject to the provisions of Article L. 2235-4.
However, the meaning to the assignor can be replaced by a recommended letter, signed jointly by the contracting parties. The accountant acknowledges receipt to both parties.
L. 2235-3
The gagiste creditor can assign his debt to a third party. In this case, the transmission of the pledge and the service to the accountant shall be in effect under the conditions set out in section L. 2235-2.
L. 2235-4
Unless otherwise provided in the act, the beneficiary or assignee of a claim shall cash only the amount of the debt, or the share of receivable assigned to its security, on the handover of the security, and be liable to report the debt in accordance with the terms of reference.
L. 2235-5
The acts of dwarfing, quitting and generally all past acts for the purposes of this chapter are exempted from stamp and registered free of charge.
L. 2235-6
Until the cessation of hostilities, public credit institutions may, with the exception of one of the signatures provided by their statutes, accept the effects guaranteed by a pledge made under the conditions of this chapter.
Chapter 6
Criminal provisions
L. 2236-1
The penalty provided for in the first paragraph of Article L. 2236-2 shall be imposed on the consignee of a letter of assignment, not to acknowledge receipt of the letter of assignment, or to omit the change of address, in accordance with the second paragraph of Article L. 2212-3.
L. 2236-2
In peacetime, a one-year term of imprisonment and a fine of EUR 4,500 is imposed by the public authority for the purposes of sections L. 2212-1 and L. 2212-2, L. 2213-1 to L. 2213-4, L. 2232-1 and L. 2233-1.
It is punishable by one year's imprisonment and a fine of EUR 9,000 to provide false information or false statements, to conceal or attempt to conceal, using fraudulent maneuvers, property subject to the census.
The offences set out in the preceding paragraphs are punishable by five years' imprisonment and a fine of EUR 15,000 when committed in the cases provided for in Article L. 1111-2.
L. 2236-3
A fine of EUR 9,000 shall not be imposed on the summons orders of the military authority designated by section L. 2223-8.
The seizure and requisition may be carried out immediately, at the diligence of the president of the joint commission or the military authority.
L. 2236-4
In times of war, is punished by five years' imprisonment by refusing to follow the order of requisition of the military authority.
L. 2236-5
In the cases provided for in section L. 2223-17, personnel occupied or called to be occupied in the operation of inland waterways under the military authority are deemed to be individually required.
In times of war, it is punishable by five years' imprisonment to refuse, or to abandon, without legitimate reason, the service or work assigned.
The same penalties are applicable in the cases provided for in Article L. 2223-18 for mine and industrial requisitioned personnel and their dependencies.
L. 2236-6
The fact that an official or agent of the public authority conducts unlawful requisitions is punished by the penalties provided for:
1° Article 432-10 of the Criminal Code if the author is a civil;
2° Article 463 of the Code of Military Justice if the author is a member.
L. 2236-7
A penalty of one year's imprisonment and a fine of EUR 9,000 is the use or disclosure of information obtained under section L. 2232-1.
The attempt is punishable by the same penalties.
This offence is punishable by four years' imprisonment when committed by officials or officials of the authority, their clerks or agents.
LIVRE III
LEGAL REGIONS
DEFENSE D'APPLICATION PERMANENTE
PART I
THE SECRET OF THE NATIONAL DEFENSE
Chapter 1
Protection of national defence secrecy
L. 2311-1
The rules relating to the definition of information covered by the provisions of this chapter are defined by Article 413-9 of the Criminal Code.
Chapter 2
Advisory Committee
National Defence Secret
L. 2312-1
The National Defence Secret Advisory Commission is an independent administrative authority. It is responsible for giving notice on the declassification and communication of information that has been classified under the provisions of Article 413-9 of the Criminal Code, excluding information whose classification rules do not fall under the sole French authorities.
The opinion of the National Defence Secret Advisory Commission is rendered following the application by a French court.
L. 2312-2
The National Defence Secret Advisory Commission comprises five members:
1° A President, a Vice-President who pleads him in the event of absence or incapacitation and a member chosen by the President of the Republic on a list of six members of the Council of State, the Court of Cassation or the Court of Auditors, jointly established by the Vice-President of the Council of State, the first President of the Court of Cassation and the first President of the Court of Auditors;
2° An MP, designated for the term of the legislature by the President of the National Assembly;
3° A senator, appointed after each partial renewal of the Senate by the Speaker of the Senate.
The mandate of the members of the commission is not renewable.
The mandate of non-parliamentary members of the Commission is six years.
Unless resigned, it can only be terminated as a member of the commission in the event of an incapacity found by the commission. The members of the commission appointed to replace those whose terms of office have expired before the normal term of office are appointed for the remaining term of office. By derogation from the fifth preambular paragraph, where their appointment has occurred less than two years before the expiry of their predecessor's term, they may be renewed as a member of the commission.
L. 2312-3
The appropriations required for the commission to carry out its mission are included in the Prime Minister's services budget.
The chair is the commission's expense order. He calls the commission officers.
L. 2312-4
A French court in the course of a proceeding before it may request the declassification and communication of information, protected under the secrecy of the national defence, to the administrative authority in charge of the classification.
This request is motivated.
The administrative authority shall promptly refer the National Defence Secret Advisory Commission.
L. 2312-5
The chair of the commission may conduct any relevant investigations.
Members of the commission are allowed to know any information classified as part of their mission.
They are subject to respect for the secrecy of the national defence protected under articles 413-9 et seq. of the Criminal Code for the facts, acts or information that they may have known on account of their duties.
The Commission shall establish its rules of procedure.
L. 2312-6
Ministers, public authorities, public officials may not object to the commission's action on any ground and take all necessary measures to facilitate it.
L. 2312-7
The Commission issues a notice within two months of its referral. This notice takes into consideration the missions of the public service of justice, respect for the presumption of innocence and the rights of defence, respect for France's international commitments, and the need to preserve the defence capacities and security of the staff.
In the event of equal sharing of votes, the president's voice is preponderant.
The meaning of the notice may be favourable, favouring partial or unfavourable declassification.
The Board's notice shall be forwarded to the administrative authority that made the classification.
L. 2312-8
Within the period of fifteen frank days from the receipt of the notice of the commission, or at the expiry of the two-month period referred to in Article L. 2312-7, the administrative authority shall notify its decision, together with the meaning of the notice, to the jurisdiction having requested the declassification and communication of classified information.
The meaning of the Commission's opinion is published in the Official Journal of the French Republic.
Chapter 3
Special rules
Section 1
Defence Archives
L. 2313-1
The rules relating to defence archives are defined by articles L. 211-1 to L. 211-6 of the Heritage Code.
Section 2
Urbanism and environment
Sub-section 1
Exemption of building permit
L. 2313-2
The rules relating to the exemption regime for the building permit applicable to national defence facilities are defined by articles L. 422-1 and L. 422-2 of the urban planning code.
Sub-section 2
Classified installations
L. 2313-3
The rules relating to the facilities of the Department of Defense classified for environmental protection are defined by section L. 517-1 of the Environmental Code.
Sub-section 3
Expropriation due to public utility
L. 2313-4
The rules relating to the declaration of public utility of secret operations relevant to national defence are defined by Article L. 11-3 of the Code of Expropriation because of public utility.
Sub-section 4
Public investigations
L. 2313-5
In order to ensure respect for the secrecy of national defence, public investigations of operations that may affect the environment are conducted in accordance with Article L. 123-15 of the Environmental Code.
PART II
SECURITY OF INFORMATION SYSTEMS
Chapter 1
Responsibilities
This chapter does not include legislation.
Chapter 2
Cryptology
L. 2322-1
The rules relating to the definition, means, conventions and use of cryptology are defined by Title III of Act No. 2004-575 of 21 June 2004 for confidence in the digital economy.
PART III
MATÉRIELS DE GUERRE, ARMES ET MUNITIONS
AUTHORIZATION
Chapter 1
General provisions
L. 2331-1
The war materials, weapons and ammunition and elements designated by the provisions of this title and relating to the regime of war materials, weapons and ammunition are classified in the following categories:
I. - War equipment:
1st category: firearms and ammunition designed for or intended for land, naval or air war.
Category 2: Equipment intended to carry or use firearms in combat.
3rd category: combat gas protection equipment.
II. - Weapons and ammunition not considered as war materials:
Category 4: Defence firearms and ammunition.
5th category: hunting weapons and ammunition.
6th category: white weapons.
7th category: Firearms, fair or living room and ammunition.
8th category: Historical and collectible weapons and ammunition.
III. - Materials, whether or not belonging to previous categories, which are subject to restrictions or special procedure for import or export are defined in Articles L. 2335-1 and L. 2335-3.
Weapons of any kind that may draw ammunition usable in weapons classified as war-related equipment, and ammunition of any kind that may be drawn in weapons classified as war-related equipment are considered to be war materials.
A decree lists the materials or elements of each category and the related industrial operations within the scope of this decree.
Chapter 2
Manufacturing and trade
Section 1
Principles
L. 2332-1
I. - The manufacturing or trade companies of war and weapons and defence ammunition equipment of the 1st, 2nd, 3rd, 4th categories cannot operate and the activity of their intermediaries or advertising agents can only be exercised after the authorization of the State and under its control.
II. - Any person who proposes to create or use an establishment to engage in the manufacture or trade, other than detail, of war materials, weapons, ammunition or their elements of the 1st, 2nd, 3rd, 4th, 5th or 7th categories, as well as of the 6th category weapons listed by decree in the Council of State shall make the declaration to the prefect of the department where the establishment is located.
The termination of the activity, as well as the closure or transfer of the establishment, shall be declared under the same conditions.
III. - The opening of any premises for the retail trade of the equipment referred to in the first paragraph of the II shall be subject to authorization. This is delivered by the prefect of the department where this local is located, after the mayor's advice.
This authorization is denied if the protection of this premises against the risk of flight or intrusion is insufficient. In addition, it may be denied if it appears that the operation of this locality presents, in particular because of its location, a particular risk to public order and security.
IV. - An institution that has been declared before the date of entry into force of Act No. 2001-1062 of 15 November 2001 on Daily Security is not subject to the authorization referred to in the first paragraph of the III. It may be closed by order of the prefect of the department where it is located if it appears that its operation has been caused by repeated disturbances to public order and security or that its protection against the risk of flight or intrusion is insufficient: in the latter case, the closure may only be decided after a stay, addressed to the operator, to carry out work to ensure sufficient protection of that establishment.
V. - A decree in the Council of State determines the modalities for the application of this article.
L. 2332-2
The retail trade of war materials, weapons, ammunition or their elements of the 1st, 2nd, 3rd, 4th, 5th or 7th categories, as well as of the 6th category weapons listed by decree in the Council of State, can only be done in the premises mentioned in the III and IV of Article L. 2332-1.
The provisions of the first paragraph are not applicable to sales under the State domain code and to public auctions.
A decree in the Council of State determines the conditions under which, exceptionally, persons meeting the requirements of Article L. 2332-1 may participate in trade fairs declared pursuant to Article L. 740-2 of the Commercial Code.
The materials, weapons or their elements of the 1st, 2nd, 3rd, 4th, 7th categories, as well as of the 6th category weapons listed by decree in the Council of State, which, by derogation from the provisions of the first paragraph, are acquired by correspondence, remotely or directly between individuals, can only be delivered in the premises mentioned in the III and IV of Article L. 2332-1. Weapons of 5th category or their acquired elements, by derogation from the provisions of the first paragraph, directly between individuals, may only be delivered to the same premises. Weapons of 5th class or their elements, as well as ammunition of all categories, or their elements, acquired by derogation from the provisions of the first paragraph, by correspondence or by distance, may be delivered directly to the purchaser.
L. 2332-3
The Minister of Defence shall, for the regulation and direction of State control over the manufacture and trade of equipment designated in the provisions of this title and relating to the regime of war materials, weapons and ammunition, act of centralization and coordination.
To this end, it has general control of the armies, whose powers are defined by decree.
L. 2332-4
The monitoring is carried out on site and on exhibits, according to their respective responsibilities, by the representatives of the ministries concerned and, in particular, with regard to the Ministry of Defence, by officers under the general control of the armed forces.
L. 2332-5
The control established in the I of Article L. 2332-1 covers technical and accounting operations, in particular in relation to the production, enhancements in the manufacture, benefits and expenses of advertising and representation and, in general, the application of the obligations resulting from the provisions of this title relating to the regime of war materials, weapons and ammunition.
Records to be held, records to be filed and other obligations of the subject are specified by order, if applicable.
L. 2332-6
The manufacturing companies referred to in Article L. 2332-1 shall, within eight days after the filing of any patent application or application for a patent relating to the materials of the first four categories, made by them or on their behalf, be required to disclose to the service designated by decree the description of the discovery, invention or application being the subject of the patent or of the requested addition.
L. 2332-7
The personnel referred to in article L. 2332-4, as well as other officers or agents of the State, who are aware in any way of the information gathered about the companies under this title, shall be held in professional secrecy under the penalties defined in article 226-13 of the Criminal Code.
L. 2332-8
The technical monitoring of the work entrusted to the industry by the Ministry of Defence remains in the responsibility of the manufacturing or construction services of this department.
Section 2
Licensing obligations
L. 2332-9
Licensees under section L. 2332-1 are required to:
1° To allow the representatives of the Ministry of Defence and General Control of the armies referred to in Article L. 2332-4 to enter all parts of their business;
2° Not to interfere with the investigations necessary to carry out their mission, which may include, in addition to the examination of places and equipment, the censuses and audits of the accounts of any kind of their business that seem useful to them;
3° To provide the verbal or written information and records requested by State officials, referred to in Article L. 2332-4, pursuant to the powers they hold of this title.
L. 2332-10
The holders of the authorizations referred to in I of Article L. 2332-1 shall, within eight days from the date of their acceptance, communicate to the competent service orders of equipment of the first four categories, not intended for export, other than those emanating from the State and may only execute them on express authorization.
The import and export requirements, including those relating to acceptance of export orders, are the subject of sections L. 2335-1 to L. 2335-3.
Section 3
Withdrawal of authorizations
L. 2332-11
The administrative authority may withdraw the authorization provided for in I of Article L. 2332-1 to any person who has committed a breach of the provisions of this chapter or of the relevant regulatory provisions or of the labour legislation.
The same penalty may be taken against any person who has committed a conviction for a crime or more than three months imprisonment, with or without a stay, for one of the offences listed by decree.
In this case, the interested party shall, in order to dispose of the equipment subject to the withdrawal of a licence or authorization, have a period fixed to it when the decision is notified.
Within this time limit, the subject-matter may carry out the sales operations prescribed by the regulations, excluding any manufacture and purchase of the equipment concerned by the withdrawal and parts that can only be used for the manufacture of these materials.
Upon expiry of this period, the administration may sell to auction all unliquidated equipment.
Chapter 3
Administrative control of markets
related to war materials
Section 1
Scope
L. 2333-1
The war materials designated in this chapter are those included in categories I, II, III, IV of chapter 1 of the convention of 17 June 1925 on international arms trade, ratified by France on 9 May 1930; They also include powders and explosives, as well as chemicals used in their manufacture.
L. 2333-2
A decree in the Council of State determines the nature and importance of the markets to which this chapter is applicable.
Section 2
Method of control
Sub-section 1
General principles
L. 2333-3
Administrations moving from war-related markets may impose on contract holders the permanent or temporary control of a Government Commissioner whose role is defined below.
Sub-section 2
Government Commissioners
L. 2333-4
The Commissioners of the Government referred to in Article L. 2333-3 are responsible for collecting, on behalf of the department that appointed them, administrative, financial and accounting information relating to the company to which they are placed and whose knowledge is deemed useful or necessary by that department.
L. 2333-5
Government Commissioners shall be appointed from among the civilian and military personnel in service of the Ministry of Defence; they may not disclose the information collected on the companies to which they are accredited only to the qualified services of the Ministry of Defence; they are subject to professional secrecy only to the sanctions imposed by Article 226-13 of the Criminal Code.
Sub-section 3
Obligations of subject companies
L. 2333-6
The supplier is required to communicate, on site, to the Commissioner of the Government, any accounting and statistical documents requested by him for the performance of his mission, as well as any supporting documentation.
L. 2333-7
Companies subject to the provisions of this chapter may be subject to the presentation of their balance sheet, results accounts and any supporting documentation required for market control. The administrative authority may also determine the rules to be followed for the holding of special accounts on each market.
L. 2333-8
The non-communication of documents and documents requested by the Government Commissioner pursuant to articles L. 2333-4 and L. 2333-6 is punishable by the penalties set out in the terms of reference for contracts.
Chapter 4
Market return control
related to war materials
This chapter does not include legislation.
Section 5
Imports and exports
L. 2335-1
Import of materials from the 1st, 2nd, 3rd, 4th, 5th and 6th categories is prohibited. Derogations from this prohibition may be established by decree. In this case, the importation is subject to obtaining an import authorization issued under conditions defined by the administrative authority.
None of the materials of the 1st or 4th categories of foreign origin whose import in France would be prohibited may appear in a public sale unless previously made unfit for its normal use.
L. 2335-2
No order is accepted for the export of the materials referred to in Article L. 2335-3 without prior approval given under conditions established by the administrative authority. Nor is it, without the same approval, a process, for the purposes of subsequent assignment or delivery abroad, any presentation or testing of those of such equipment referred to above, which are defined by that authority. The same applies to the assignment of commercial manufacturing licences and all documents necessary for the execution of manufacturing. The requirements of this Article shall not hinder the application, if any, of the provisions of Chapter 1 of Book IV of the Criminal Code.
L. 2335-3
Export under any customs regime, without authorization, of war materials and similar materials, is prohibited.
The administrative authority defines:
1° The list of materials referred to above;
2° Derogations from the prior authorization requirement;
3° Procedure for issuing export authorizations.
The customs disputes relating to the prohibition of import or export enacted by this Order are referred to a committee sitting with the Minister of Defence and decided by him sovereignly.
The organization and operation of this committee is determined by the administrative authority.
L. 2335-4
All war guns intended for foreign trade are subject to testing by applying a punch. These cannons also receive a brand called export. The regime and rate of tests and marks are determined by decree if applicable.
Chapter 6
Acquisition and detention
L. 2336-1
I. - The acquisition and detention of war materials, weapons and ammunition by persons other than those mentioned in Article L. 2332-1 are subject to the following provisions:
1° The acquisition and detention of the 2nd and 3rd categories of warfare equipment is prohibited, except for the needs of the national defence. A decree in the Council of State defines the conditions under which the State, for purposes other than those of national defence, local authorities and organizations of general interest or of cultural, historical or scientific vocation may be authorized to acquire and hold materials of these categories. It also sets out the conditions under which certain 2nd category equipment may be acquired and held at the end of the collection by natural persons, subject to existing international commitments and the requirements of public order and security;
2° The acquisition and detention of the materials, weapons and ammunition of the 1st and 4th categories are prohibited, unless authorized under the conditions defined by decree in the Council of State;
3° The acquisition of weapons and ammunition in the 5th and 7th categories is subject to the presentation to the seller of a hunting licence, subject to the validation of the current year or the previous year, or to a valid firing licence issued by a sports federation having received the delegation of the Minister responsible for sports under section 17 of Act No. 84-610 of 16 July 1984 on the organization and promotion of physical activities. In addition, the detention of weapons of the 5th and 7th categories is the subject of a declaration by the armourer or by their holder under the conditions defined by decree in the Council of State. This decree may provide that certain weapons of the 5th and 7th categories are exempted from the presentation of the documents or declaration mentioned above because of their technical characteristics or destination;
4° The acquisition and possession of weapons and ammunition in the 6th and 8th categories are free;
5° The acquisition and detention of arms and ammunition of any category is prohibited for minors subject to exceptions defined by decree in the Council of State.
II. - Anyone who becomes the owner by estate or testamentary of a weapon or ammunition of the 1st or 4th class, without being authorized to hold them, must take possession of it within three months of the possession, under the conditions laid down in Article L. 2337-3.
III. - Are prohibited:
1° The acquisition or detention of several weapons of the 1st or 4th category by a single individual, except in cases provided for by decree of application;
2° The acquisition or detention of more than 50 cartridges per weapon of the 1st or 4th category regularly held, except in cases provided for by decree of application.
IV. - The acquisition and detention of arms or ammunition of the 1st or 4th category by regularly authorized manufacturers or sellers shall not be subject to the provisions of this Article to the extent that these transactions relate to the exercise of their trade or industry.
L. 2336-2
Only persons meeting the requirements of Article L. 2332-1 may acquire themselves in public sales of war materials, weapons and ammunition and their elements of the 1st, 2nd, 3rd, 4th categories as well as weapons of 6th categories listed by decree in the Council of State.
The sale of these same materials by the millers is prohibited.
L. 2336-3
Any natural person seeking the issuance or renewal of an authorization for the acquisition or detention of equipment, weapons or ammunition of the 1st and 4th categories or making a declaration of possession of weapons of the 5th and 7th categories must produce a medical certificate certifying that his or her physical and mental health is not incompatible with the detention of such equipment, weapons or ammunition.
In the event that the person mentioned in the previous paragraph follows or has undergone treatment in a health care service or area of psychiatry, the administrative authority also requests the person to produce a medical certificate issued by a psychiatrist.
A decree in the Council of State, taken after the advice of the National Council for the Order of Physicians, defines the modalities for the application of this article. It includes the conditions that must be met for the issuance, renewal or validation of the hunting licence or the firing licence so that the presentation of these documents, at the time of the application for authorization to acquire or hold, or of its renewal, or of the declaration, supplemented the obligation set out in the first paragraph. It also provides the conditions under which the prefect may verify whether the person mentioned in the first paragraph is or has been in the case referred to in the second paragraph.
L. 2336-4
I. - If the behaviour or state of health of a person holding arms and ammunition poses a serious danger to himself or others, the prefect may order him, without prior formality or contradictory procedure, to hand them to the administrative authority, regardless of their category.
II. - The weapon and ammunition subject to the decision set out in I shall be delivered immediately by the holder, or, if any, by a member of his family or by a person likely to act in his or her interest, to the police or gendarmerie services. The police commissioner or the commander of the gendarmerie brigade may, upon authorization of the liberties and detention judge, arrest the weapon and ammunition between 6 a.m. and 2 p.m. at the owner's home.
III. - The preservation of the weapon and ammunition handed over or seized shall be entrusted for a period of up to one year to the services of the national police or the territorially competent national gendarmerie.
During this period, the prefect decides, after the person concerned has been given the opportunity to present his or her observations, either the return of the weapon and ammunition or the final seizure of the weapon.
Weapons and ammunition permanently seized under this subparagraph shall be sold at public auctions. The net proceeds of the sale benefit the interested parties
IV. - Persons whose weapons and ammunition have been seized under I or III are prohibited from acquiring or holding weapons and ammunition, regardless of their category.
However, the prefect may decide to limit this prohibition to certain categories or types of weapons.
This prohibition ceases to be effective if the prefect decides to return the weapon and ammunition within the time limit mentioned in the first paragraph of the III. After the final seizure, it may be lifted by the prefect in consideration of the applicant's behaviour or health status since the seizure decision.
V. - A decree in the Council of State determines the conditions for the application of this article.
L. 2336-5
Without prejudice to the provisions of Article L. 2336-4, the prefect may, for public or personal security reasons, order any holder of a weapon subject to the regime of the authorization or declaration to withdraw.
The divestiture consists of either selling the weapon to a person referred to in Article L. 2332-1 or to a third party fulfilling the legal conditions of acquisition and detention, or neutralizing it or handing it over to the State. A decree in the Council of State determines the modalities of divestiture.
Except urgently, the procedure is contradictory. The prefect sets the time limit for the holder to have to withdraw his weapon.
When the person concerned did not withdraw the weapon within the time limit set by the prefect, he or she orders him to hand it over, as well as his ammunition, to the police or gendarmerie services.
The Commissioner of Police or the Commander of the Gendarmerie Brigade may apply to the Judge of Freedoms and Detention for the authorization to seize the weapon and ammunition between 6 a.m. and 2 p.m. at the owner's home. The application for authorization contains all the information in their possession to justify this seizure, in order to allow the judge of freedoms and detention to verify that this request is based.
The seizure of the weapon referred to in the preceding paragraph shall be carried out under the authority and control of the judge of freedoms and detention who authorized it or a judge by the designated judge. This magistrate can go to the scene. At any time, it may suspend or interrupt the seizure at home. This is done in the presence of the occupant of the premises or his representative; In the event of impossibility, the police commissioner or the commander of the gendarmerie brigade requires two witnesses chosen outside the persons under his authority. The record of seizure is drawn up immediately, it describes the procedure and the course of the intervention and includes an inventory of the weapons seized. It is signed by the police commissioner or the commander of the gendarmerie brigade as well as by the persons present; in case of refusal, mention is made in the minutes. It is transmitted to the judge of freedoms and detention as soon as possible.
The surrender or seizure of arms and ammunition does not result in any compensation.
Persons subject to the procedure provided for in this Article shall not acquire or hold arms subject to the authorization or declaration regime.
However, the prefect may decide to limit this prohibition to certain categories or types of weapons.
This prohibition is waived by the prefect if it appears that the acquisition or detention of weapons by the person concerned is no longer in a way that undermines public order or the security of persons.
In Paris, the powers conferred on the prefect by this article are exercised by the police prefect.
L. 2336-6
A nominative national automated file identifies prohibited persons of arms acquisition and detention pursuant to the IV of Article L. 2336-4 and the eighth and ninth paragraphs of Article L. 2336-5.
The terms and conditions for the application of this article, including the nature of the recorded information, the duration of their preservation, as well as the authorities and the persons who have access to it, are determined by decree in the Council of State after the advice of the National Commission on Informatics and Freedoms.
Section 7
Conservation, loss and transfer of ownership
L. 2337-1
The preservation by any person of arms, ammunition and their elements of the 1st and 4th categories is ensured in a manner that ensures their safety and avoids their use by a third party.
Weapons, ammunition and their elements of the 5th and 7th categories are kept out of operation immediately.
A decree in the Council of State determines the conditions for the application of this article.
L. 2337-2
The authorized officers of the national police and gendarmerie may, to the strict extent required by the protection of the security of persons or the defence of the fundamental interests of the nation, consult the automated processing of personal data referred to in article 21 of Act No. 2003-239 of 18 March 2003 for internal security, for the purposes of the instruction of applications for authorization or renewal of authorization for the acquisition or detention of article 23 made.
The agents mentioned in the preceding paragraph may also consult these treatments in the strict measure required by the protection of public order or the security of persons, for the execution of orders to hand over arms and ammunition to the administrative authority provided for in sections L. 2336-4 and L. 2336-5.
L. 2337-3
Weapons and ammunition of the 1st or 4th class may not be transferred from an individual to another person except in cases where the person to whom the weapon is transferred is authorized to hold it under the conditions specified in Article L. 2336-1.
In all cases, transfers of arms or ammunition from the 1st category or the 4th category are found in forms defined by decree.
L. 2337-4
Disposals, in any capacity, of weapons or ammunition of the 1st or 4th class not intended for trade, may only be made to persons with authorization.
The terms and conditions for the issuance of purchase authorizations and the indications to be given are defined by decree.
L. 2337-5
The Minister of the Interior and, in the event of an emergency, prefects are allowed to prescribe or request from the military authority, in respect of the weapons and ammunition that exist in the stores of manufacturers or merchants, or in those who hold them, the measures they consider necessary in the interest of public safety.
Section 8
Port, transport and use
L. 2338-1
The port of arms of the 1st, 4th and 6th categories or constituent elements of the weapons of the 1st and 4th categories or corresponding ammunition is prohibited and their transport without legitimate motive.
Officials and officials of public administrations exposed by their duties at risk of aggression, as well as personnel entrusted to a guarding mission and who have been previously authorized to do so by the prefect, may be allowed to arm themselves during the performance of their duties, under the conditions defined by decree.
L. 2338-2
Military personnel may carry their weapons under the conditions defined by the specific regulations affecting them.
L. 2338-3
Officers and non-commissioned officers may, in the absence of the judicial or administrative authority, deploy the armed force only in the following cases:
1° When violence or assault is perpetrated against them or when threatened by armed individuals;
2° When they cannot defend the land they occupy, the posts or persons entrusted to them or, finally, if the resistance is such that it can only be overcome by the force of the weapons;
3° When people who are invited to stop by repeated calls from "Halt gendarmerie" made in high voices seek to escape their custody or investigation and can only be forced to stop by the use of weapons;
4° When they cannot otherwise immobilize vehicles, boats or other means of transport whose drivers do not obey the stop order.
They are also allowed to make use of any suitable equipment or means such as hers, hedgehogs, cables, to immobilize the means of transport when drivers do not stop at their summations.
Section 9
Criminal provisions
Section 1
Procedure
L. 2339-1
Any infringement of the requirements of this title may be found by officials of indirect and customs contributions and by the judicial police authorities who make a report.
These offences may also be found by officers under the general control of the armed forces who have the powers of judicial police officers and whose records are sent to the Minister of Defence.
Prosecutions may only be initiated with respect to the offences provided for and repressed by the first and second paragraphs of Article L. 2332-1, the second paragraph of Article L. 2332-5, sections L. 2332-6 and L. 2332-9, the first paragraph of Article L. 2332-10, section L. 2335-2, section L. 2339-3 with the exception of the cases provided for by the Minister
Section 2
Criminal penalties for manufacturing and trade
L. 2339-2
I. - shall be punished by imprisonment for seven years and a fine of EUR 100,000 for any person who, without regular authorization, engages in the manufacture or trade of war or weapons or ammunition for defence of any of the categories referred to in I of Article L. 2332-1, or performs its activity as an intermediary or advertising agent for the purpose of the manufacture or trade of materials, weapons or ammunition.
Penalties are increased to 10 years in prison and to EUR 500,000 in fine when the offence is committed in organized bands.
The confiscation of manufactured equipment or equipment for sale, as well as its public auction, is ordered by the same judgment.
The administrative authority may prescribe or make the disposition of the material at the offender's expense prior to public auction.
II. - Legal persons may be declared criminally liable for these offences under the conditions laid down in article 121-2 of the Criminal Code.
The penalties imposed by these legal entities are:
1° The fine, in accordance with the terms provided for in Article 131-38 of the Criminal Code;
2° The penalties mentioned in 1°, 2°, 4°, 5°, 8° and 9° of Article 131-39 of the Criminal Code.
L. 2339-3
I. - is punished by imprisonment for five years and a fine of EUR 75,000:
1° contravening the provisions of Article L. 2332-1, Articles L. 2332-6 and L. 2332-9, the first paragraph of Article L. 2332-10 and Articles L. 2335-2 and L. 2336-2 of this title;
2° The sale or purchase of war materials, weapons, ammunition or their elements in ignorance of the provisions of Article L. 2332-2;
3° Disposal or sale of war materials, weapons, ammunition or their constituent elements to a minor, except where such sale is authorized under the conditions established by decree in the Council of State.
II. - Legal persons may be declared criminally liable under the conditions provided for in article 121-2 of the Criminal Code for such offences.
The penalties imposed by legal persons are:
1° The fine, in accordance with the terms provided for in Article 131-38 of the Criminal Code;
2° The penalties mentioned in 2°, 4°, 5°, 8° and 9° of Article 131-39 of the Criminal Code.
L. 2339-4
It shall be punishable by the penalties provided for in Article L. 2339-5 for the assignment, in any capacity, by a manufacturer or merchant, authorized under Article L. 2332-1, of one or more weapons or ammunition of the 1st or 4th class, in violation of Articles L. 2336-1 or L. 2337-4.
The court further orders the confiscation of arms and ammunition.
Section 3
Criminal penalties for acquisition and detention
L. 2339-5
A fine of EUR 3,750 for the acquisition, assignment or detention, without the authorization provided for in I of Article L. 2332-1, one or more weapons of the 1st or the 4th class or their ammunition in violation of the provisions of Articles L. 2336-1, L. 2337-3 or L. 2337-4, shall be punished by imprisonment of three years and a fine of EUR 3,750.
The sentence of imprisonment shall be extended to five years and the prohibition of stay may be imposed in accordance with the terms provided for in section 131-31 of the Criminal Code, if the offender has previously been sentenced to imprisonment or to a more serious penalty for a crime or offence.
The court further orders the confiscation of weapons or ammunition.
L. 2339-6
A penalty of three years' imprisonment and a fine of EUR 45,000 for the acquisition or detention of weapons and ammunition, regardless of class, in violation of a prohibition under Article L. 2336-4, Part IV.
L. 2339-7
It is punishable by imprisonment for three months and a fine of EUR 3,750 to prevent the seizure provided for in sections L. 2336-4 and L. 2336-5.
The attempted offence under the previous paragraph is punishable by the same penalties.
L. 2339-8
Detention of weapons or ammunition in the 1st, 4th or 6th category is punishable by imprisonment for five years and a fine of EUR 3,750.
Penalties are increased to 10 years in prison and to EUR 500,000 in fine when the offence is committed in organized bands.
The sentence shall be imposed to ten years in prison and the additional penalty of a stay ban may be imposed in accordance with the terms provided for in section 131-31 of the Criminal Code where the offender has previously been sentenced to imprisonment or to a more serious penalty for a crime or offence.
The court further orders the confiscation of weapons or ammunition.
These provisions are not applicable insofar as they operate their industry or trade, regularly authorized manufacturers and sellers.
Section 4
Penal sanctions for port, transport and shipments
L. 2339-9
I. - Whoever, apart from his home and except for the exceptions resulting from the provisions of Articles L. 2338-1 and L. 2338-2, is found to carry or perform without legitimate cause the carriage of one or more weapons of 1st, 4th or 6th category, or of the constituent elements of these weapons of the 1st and 4th categories or corresponding ammunition, even if it is regularly held, shall be punished:
1° If it is a weapon of the 1st or 4th class or of the constituent elements of these weapons or related ammunition, a five-year imprisonment and a fine of EUR 3,750;
2° If it is a 6th class weapon, a three-year term imprisonment and a fine of EUR 3,750.
II. - Imprisonment may be increased to 10 years in the following cases:
1° If the perpetrator has previously been convicted of a crime or offence of a sentence equal to or greater than one year's imprisonment or a more serious sentence;
2° If the transport of arms is carried out by at least two persons;
3° If at least two people are found together carrying weapons.
III. - In all cases provided for in this article, the court orders the confiscation of arms.
IV. - The additional penalty of the stay ban may be imposed in accordance with the terms provided for in article 131-31 of the Criminal Code.
Section 5
Penal sanctions on imports
L. 2339-10
It is punishable by five years' imprisonment and a fine of EUR 9,000 for the importation, without authorization, of materials from the 1st to 6th categories.
Penalties are increased to 10 years in prison and to EUR 500,000 in fine when the offence is committed in organized bands.
Attempting the offences provided for in the preceding paragraphs is punishable by the same penalties.
L. 2339-11
A fine of EUR 3,750 and a two-year imprisonment shall be punished by the use, by an unqualified person, of the punch mentioned in section L. 2335-4.
Counterfeiting of a test or export punch and fraudulent use of counterfeit punches are punishable by a fine of EUR 3,750 and a five-year imprisonment.
Section 6
Criminal penalties for recidivism
L. 2339-12
In the event of recidivism, the additional penalties for the prohibition of stay and the prohibition of the rights referred to in section 131-26 of the Criminal Code may be imposed.
The offences provided for and punished by this title are considered to be, from the point of view of recidivism, the same offence.
Section 7
Protection of persons receiving reduced penalties for avoiding the commission of offences, for stopping or mitigating the damage caused by an offence, or for identifying perpetrators or accomplices of offences
L. 2339-13
The custodial sentence imposed by the author or accomplice of the offences provided for in articles L. 2339-2, L. 2339-8 and L. 2339-10 is reduced by half if, having warned the administrative or judicial authority, he has allowed for the cessation of the acts incriminated and to identify, where appropriate, other perpetrators or accomplices.
PART IV
ARMES SUBMITTED TO INTERDICTION
Chapter 1
Biological or toxin-based weapons
Section 1
Prohibitions
L. 2341-1
The development, manufacture, detention, storage, acquisition and disposal of microbiological agents, other biological agents and biological toxins are prohibited, regardless of their origin and mode of production, types and quantities not intended for prophylactic, protection or other peaceful purposes.
L. 2341-2
It is prohibited to induce or assist in any way any State, undertaking, organization or grouping or person to engage in the operations provided for in Article L. 2341-1.
Section 2
Criminal provisions
L. 2341-3
In the event that criminal proceedings have been instituted pursuant to sections L. 2341-1 and L. 2341-2, the examining magistrate may, by order, issue, on a provisional basis, the total or partial closure of the establishment in which one of the agents or toxins defined in section L. 2341-1 has been developed, manufactured, detained or stored.
L. 2341-4
Offences to the provisions of sections L. 2341-1 and L. 2341-2 shall be punished by imprisonment for five years and a fine of EUR 75,000 or only one of these two penalties. Penalties are increased to 10 years in prison and EUR 500,000 in fine when the offence is committed in organized bands.
In the event of conviction, the court orders forfeiture of agents or toxins defined in Article L. 2341-1 for the purpose of their destruction.
It may also order, jointly or not:
1° The total or partial closure, on a final basis or for a period of not more than five years, of the establishment that allowed the offence to be committed;
2° Forfeiture of equipment used in the development, manufacture, detention or storage of such agents or toxins;
3° The prohibition, in accordance with the terms and conditions set out in section 131-27 of the Criminal Code, to exercise professional or social activity in the exercise or in the exercise of which the offence was committed.
L. 2341-5
Offences to the provisions of the judgments which apply the rules laid down in 1 and 2 of Article L. 2341-4 shall be punished by the penalties defined in paragraph 1 of this Article.
L. 2341-6
The custodial sentence imposed by the author or accomplice of the offences provided for in this section shall be reduced by half if, having notified the administrative or judicial authority, it has allowed for the cessation of the acts in question and to identify, where appropriate, other perpetrators or accomplices.
L. 2341-7
A decree in the Council of State determines the measures for the application of this chapter.
Chapter 2
Chemical weapons
L. 2342-1
For the purposes of this chapter, the words "Paris Convention" refer to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, published by Decree No. 2001-269 of 26 March 2001.
L. 2342-2
For the purposes of this chapter, the term "Organization" means the organization established by the Paris Convention.
The terms and expressions: "installation agreement", "chemical weapons", "ancient chemical weapons", "abandoned chemical weapons", "consumption", "inspection team", "construction", "interest inspection", "installation", "installation", "chemical manufacturing facility", "inspection mandate", "chemical weapons manufacturing equipment", "observer", "perimeter", "alternative scope", "final scope", "ental inspection point", ", precursor", "
Section 1
Elimination of chemical weapons
Sub-section 1
Prohibitions
L. 2342-3
Chemical weapons are prohibited, their development, manufacture, storage, storage, storage, storage, acquisition, disposal, import, export, transit, trade and brokerage.
It is prohibited to undertake all preparations for the use of chemical weapons, as well as to assist, encourage or incite anyone in any way to undertake any activities prohibited by this chapter.
However, State services are authorized, under conditions provided for by decree, to hold, store or retain chemical weapons for their destruction. They may entrust these operations to persons authorized under conditions defined by the same decree.
L. 2342-4
Are forbidden:
1° Design, construction or use:
(a) A chemical weapons manufacturing facility;
(b) An installation, including its manufacturing materials, used exclusively for the manufacture of non-chemical parts of chemical weapons or equipment specifically designed to be used in direct connection with the use of chemical weapons, as described below as the manufacturing facility for unfilled chemical munitions and chemical weapons equipment;
2° The modification of facilities or equipment of any kind for the purpose of carrying out an activity prohibited by this subsection;
3° The importation, export, trade and brokering of any chemical weapons equipment or any document or object to permit or facilitate the violation of the provisions of this subsection;
4° The provision of any information to permit or facilitate the violation of the provisions of this subsection.
Sub-section 2
Statements
L. 2342-5
Are subjected to declaration:
1° By their holder:
(a) Ancient chemical weapons;
(b) Other chemical weapons held on 18 June 1998;
2° By their operator:
(a) Chemical weapons manufacturing, storage or storage facilities, unfilled chemical munitions manufacturing facilities and chemical weapons equipment;
(b) Other facilities or facilities designed, constructed or used primarily to develop chemical weapons, including laboratories and test and assessment sites;
(c) Chemical weapons destruction facilities.
Sub-section 3
Destruction
L. 2342-6
Chemical weapons manufactured before 18 June 1998 are destroyed under conditions defined by decree.
The chemical weapons and chemicals listed in Table 1 annexed to the Paris Convention manufactured since 18 June 1998 for purposes other than medical, pharmaceutical, research or protection purposes are seized and sealed by the administrative authority. Subject to the measures required by the execution of criminal proceedings, this authority shall cause their destruction at the expense of their holder.
L. 2342-7
The facilities designated at the 1st of section L. 2342-4 shall be decommissioned and closed by the administrative authority. All access to facilities are also closed. The closure does not prevent the continuation of facilities security activities.
These facilities and equipment are then destroyed at the initiative and costs of the administration. However, they can be converted with the organization's agreement. They are then subject to systematic verification.
The facilities and equipment designated in this section designed, constructed or imported after June 18, 1998 shall be destroyed at the initiative of the administration and at the cost of the operator.
Section 2
Control of certain chemicals and manufacturing, processing, storage or consumption facilities
Sub-section 1
Chemicals in Table 1
L. 2342-8
I. - The development, manufacture, acquisition, disposal, use, possession, storage, storage, import, export, transit, trade and brokerage of chemicals listed in Table 1 annexed to the Paris Convention are prohibited except for medical, pharmaceutical, research or protection purposes and in quantities limited to what can strictly justify these purposes.
II. - When they are not banned from I:
1° The development, manufacture, acquisition, disposal, use, detention, storage or storage of chemicals listed in Table 1 are subject to authorization. It sets the quantities for which it is granted;
2° Import, export and transit of chemicals listed in Table 1 are prohibited when they are from or to a State not party to the Paris Convention.
In other cases, without prejudice to the applicable Community provisions:
(a) These operations are subject to the authorizations provided for in articles L. 2335-1, L. 2335-2 and L. 2335-3;
(b) Re-export of these products to any State is prohibited.
Without prejudice to customs provisions, the conduct of authorized import and export operations is subject to prior declaration;
3° Trade and brokering of these products:
(a) Such transactions are prohibited when such transactions are carried out from a State not party to the Paris Convention or to such a State;
(b) Such transactions are subject to authorization when they are carried out from and to a State Party to the Paris Convention.
L. 2342-9
Operators of the facilities referred to in section L. 2342-10 and section L. 2342-11 indicate each year to the administrative authority:
1° The quantities of chemicals listed in Table 1 that they have manufactured, acquired, disposed, processed, consumed or stored and the quantities of precursors listed in one of the three tables they have used for the manufacture of these chemicals;
2° The quantities of chemicals listed in Table 1 that they plan, if any, to manufacture in the following year.
L. 2342-10
I. - Manufacturing for medical, pharmaceutical, research or protection of chemicals listed in Table 1 can only be carried out in a single facility owned by the State.
However, the same chemicals can also be manufactured within the maximum annual aggregate quantities limit:
1° For protection purposes only in one facility in addition to that mentioned in the first paragraph;
2° For medical, pharmaceutical or research purposes, in other facilities.
These facilities are subject to authorization.
II. - However, laboratories that produce, by synthesis of chemicals listed in Table 1 for medical, pharmaceutical or research purposes, are not subject to authorization, within the limit of annual maximum quantities.
These laboratories are subject to declaration.
L. 2342-11
The chemical treatment, storage or consumption facilities listed in table 1 are reported.
Sub-section 2
Chemicals in Table 2
L. 2342-12
The manufacture, processing and consumption of chemicals listed in table 2 annexed to the Paris Convention are subject to declaration.
However, mixtures with a concentration of these products are not subject to this declaration.
L. 2342-13
Import, export, trade and brokerage of chemicals listed in Table 2 from or to a State not party to the Paris Convention are prohibited.
L. 2342-14
Chemicals manufacturing, processing or consumption facilities listed in Table 2 are reported when they manufacture, process or consume quantities above specified thresholds.
However, these facilities are not reported when they only manufacture, process or consume mixtures with a concentration of these products below specified rates.
Sub-section 3
Chemicals in Table 3
L. 2342-15
The manufacture of chemicals listed in table 3 annexed to the Paris Convention is subject to declaration.
However, mixtures with a concentration of these products are not subject to this declaration.
L. 2342-16
The export of chemicals listed in Table 3 to a State not party to the Paris Convention is subject to authorization. Authorization is denied if the State of destination does not provide, upon request of the administrative authority, a certificate of final use and a certificate of non-reexport.
Their trade and brokerage to a State not party to the Paris Convention are subject to authorization.
L. 2342-17
Chemical manufacturing facilities listed in Table 3 are reported when they manufacture quantities greater than specified thresholds.
However, these facilities are not reported when they only produce mixtures with a concentration of these products below specified rates.
Sub-section 4
Manufacturing installations by synthesis
of defined organic chemicals
L. 2342-18
Synthetic production facilities of defined organic chemicals not listed in one of the three tables annexed to the Paris Convention are subject to declaration when they manufacture quantities above specified thresholds.
However, these facilities are not reported when they only produce mixtures with a concentration of these products below specified rates.
Plant sites in which hydrocarbons or explosive substances are exclusively manufactured are not reported.
Sub-section 5
Common provisions
L. 2342-19
Importers and exporters of chemicals listed in one of the three tables, or their representatives, inform the administrative authority of the operations they carried out.
L. 2342-20
The import or export authorizations referred to in this section may be suspended or repealed either for the implementation of measures taken pursuant to a ratified international agreement or within the framework of the European Union, or when the realization of the operation may affect the interests of the external security of the State or of the national defence.
L. 2342-21
The conditions for the application of articles L. 2342-8 to L. 2342-19 are defined by decree in the Council of State.
This decree defines, inter alia, the quantities of chemicals below which the authorizations and declarations mentioned in these articles are not required.
Section 3
International verification
Sub-section 1
Inspectors and escorts
L. 2342-22
International audits are carried out by inspectors authorized by the Organization and approved by the administrative authority. For the performance of their mission, inspectors have powers and enjoy the privileges and immunities provided for in the Paris Convention.
Accompaniers welcome inspectors at the point of entry to the territory, assist in their operations and accompany them to the point of exit of the territory.
L. 2342-23
On the occasion of each inspection, the administrative authority designates an accompanying team, each member of which has the status of an assistant.
The head of the accompanying team ensures that the international audit is properly carried out. As part of his duties, he represents the State to the head of the inspection team and to persons subject to international verification. He may delegate some of his duties to other escorts.
Accompaniers and inspectors are subject to a confidentiality obligation.
L. 2342-24
The head of the accompanying team verifies the ability of the equipment used by the inspectors to communicate with the headquarters of the Organization's Technical Secretariat to protect the confidentiality of the information they collect.
The head of the accompanying team shall verify at the point of entry and exit of the territory that the equipment held by the inspectors conform to the models approved by the Organization for such inspection.
L. 2342-25
When, during the inspection, the inspectors request access to the records referred to in part 47 of the second Annex on the verification of the Paris Convention, the head of the accompanying team:
1° Ensure, if it is a chemical manufacturing, processing or consumption facility listed in Table 1, that this access is used only to verify that the nature and quantities of chemicals are in accordance with the declarations and that there is no diversion or use of these products for any purpose other than those declared;
2° Ensure, if it is a facility for the manufacture, processing or consumption of products listed in Table 2, that this access is used only to verify that the nature and quantities of chemicals are in accordance with the declarations and that there is no diversion of these products;
3° Fixed, if it is a chemical manufacturing facility listed in Table 3 or defined organic chemicals, the conditions for such access after consultation with the operator or its representative.
L. 2342-26
The head of the accompanying team verifies that no nominal personal privacy information is provided to the inspectors.
L. 2342-27
When an inspector meets with a staff member of the facility, an attendant is present. The operator may request to attend the maintenance. The accompanying person may raise objections to questions raised when he or she considers that such matters are foreign to inspection or are likely to jeopardize the privacy of information. Pending the final decision of the head of the accompanying team, the interviewee is required not to answer the question.
L. 2342-28
The operator or an attendant shall take, on behalf of the inspectors, photographs of the facilities requested by the inspectors, after verification by the head of the accompanying team that these photographs are necessary for their mission and in accordance with the provisions of the Paris Convention and its annexes.
L. 2342-29
I. - After verification by the head of the accompanying team that they are necessary for the completion of the inspection in accordance with the Paris Convention, the operator or an attendant shall, on behalf of the inspectors and in their presence, collect the physical and chemical samples requested by the inspectors. The sampling may be carried out by the inspectors themselves in agreement with the head of the accompanying team and the operator in respect of the safety of persons and facilities.
II. - The on-site inspection team, in the presence of an attendant and operator, analyzes samples and samples using equipment verified in accordance with section L. 2342-24 or equipment provided by the operator. It may request that the analysis be done on site by the operator in the presence of an inspector and an attendant.
However, when the head of the accompanying team does not object, these analyses may be done in laboratories designated by the Organization.
The analyses are carried out in the presence of an attendant and operator if requested.
III. - Except in the case of a permanent inspection subject to the specific provisions of Article L. 2342-45, the sampling and analysis shall be carried out for the sole purpose of verifying the absence or presence of undeclared and listed chemicals in one of the three tables.
L. 2342-30
When an inspector asks for clarification of the ambiguities that appeared during the inspection, the head of the accompanying team shall, after the operator's opinion, take appropriate measures to remove these ambiguities.
Sub-section 2
International verification performance
L. 2342-31
The international audit focuses on:
1° The facilities declared by France to the Organisation. It includes an initial inspection, subsequent inspections and, where appropriate, a systematic verification and visits referred to in Article L. 2342-36;
2° Any installation or location in the case of a permanent inspection.
L. 2342-32
Where the verification relates to a place where access, for all or part of the specified area, does not depend on the State, the administrative authority or the head of the accompanying team shall notify, as soon as possible, the person subject to the verification to whom it provides a copy of the notification.
L. 2342-33
The inspection team does not interfere or delay the operation of the facility.
The head of the accompanying team may object to the inspection team's activities that are likely to hinder or improperly delay the operation of the facility.
L. 2342-34
The operator determines only the conditions under which the operation of the facility can be performed, for the purposes of the audit, operations or manipulations.
The members of the inspection team, the attendants, the other authorized persons referred to in the fifth paragraph of Article L. 2342-42 and, where applicable, the observer comply strictly with the security rules in force on the site. However, the operator may not interfere with the inspection team members or the attendants with the internal rules of the company relating to medical monitoring or security training.
In the event that an inspector's request could not be met without contravening the security rules in force on the site, the head of the accompanying team determines, in agreement with the operator and with the head of the inspection team, a substitution solution that meets the requirements of the audit.
L. 2342-35
The accompanying team and, if desired, the operator and other authorized persons referred to in the fifth paragraph of section L. 2342-42 shall observe all the verification activities carried out by the inspection team.
After taking the operator's notice, the head of the accompanying team may authorize the extension of the duration of the inspection.
L. 2342-36
The operator's notice is required prior to the conclusion of an installation agreement.
In the case of systematic verification, the operator's monitoring equipment may be used by the inspection team.
The operator shall immediately inform the administrative authority of any fact that affects the proper operation of the monitoring equipment located in the facilities under its responsibility. It shall not object to inspection visits to the proper operation of such equipment by inspectors authorized by the Organization and authorized by the administrative authority.
L. 2342-37
Before proposing an alternative perimeter, the head of the accompanying team takes the opinion of the persons concerned to the extent possible. The final perimeter is notified to them.
Before the inspection begins, the head of the accompanying team shall notify the persons concerned of the inspection plan provided by the inspection team.
L. 2342-38
Twelve hours at the latest after the arrival of the inspection team at the entry point, the accompanying team or, if not yet on site, the administrative authority shall establish a survey of all vehicles out of the requested scope. It may use photographic shots, video recordings and chemical proof collection equipment, which are verified in accordance with the provisions of Article L. 2342-24, owned by the inspection team.
When the inspection team proceeds to lock the site, i.e. set up the exit monitoring procedures, the head of the accompanying team may authorize it to take photographs or use video recordings and certified chemical proof collection equipment in accordance with the provisions of section L. 2342-24.
L. 2342-39
When authorized by the administrative authority to attend the audit, the observer accesses the final perimeter. The head of the accompanying team may authorize him to access the inspection site under the conditions that he or she determines after notice of the person being audited.
Sub-section 3
Right of access
L. 2342-40
In the case of a permanent inspection of a place where access, for all or part of the specified area, depends on a private person, the inspection may only begin with the permission of the President of the High Court in whose jurisdiction the first access or judge delegated by him is made. The President of the High Court is seized by the administrative authority.
Where the place under inspection depends on a public person other than the State, the authorization of access is given by an administrative authority of the State.
L. 2342-41
The President of the High Court or the judge delegated by him shall ensure the existence of the inspection warrant. It verifies the empowerment of inspection team members and attendants and any other person for whom access is requested and, where applicable, the authorization given to the observer. It also ensures that the inspection request is in accordance with the provisions of the Paris Convention. If he considers that this is not the case, he shall immediately inform the administrative authority that has seized him.
L. 2342-42
The President of the High Court or the judge delegated by him shall decide immediately by order.
This includes, in addition to the inspection mandate visa and, where applicable, the reference to the installation agreement:
1° If any mention is made of the delegation of the President of the High Court;
2° The name and quality of the administrative authority that sought and obtained authorization to conduct the audit;
3° The nominative list of members of the inspection team authorized to conduct the audit, which is attached to that of the attendants, any other person authorized by the judge and, where applicable, the observer;
4° Location of sites subject to verification;
5° The perimeter.
L. 2342-43
The order is notified by the administrative authority, on site at the time of the inspection, to the persons concerned who receive full copy against receipt. In their absence, notification is made after inspection by registered letter with notice of receipt.
L. 2342-44
The President of the High Court or the judge delegated by him shall appoint a judicial police officer to attend the inspection.
The judicial police officer draws a record of the inspection and addresses the original to the judge. A copy of the report is provided to the person whose access to the site is inspected.
L. 2342-45
The inspection person may, under the conditions set out in Part 48 of the Tenth Schedule on the verification of the Paris Convention and with the agreement of the head of the accompanying team, limit the access of the inspection team members to the facilities to prevent the disclosure of confidential information and data without reference to the inspection warrant.
The head of the accompanying team may, after the operator's opinion, take steps to limit the analysis of samples to the determination of the presence or absence of chemicals listed in one of the three tables or their relevant degradation products.
L. 2342-46
In cases of verification other than those provided for in sections L. 2342-40 to L. 2342-45, the head of the accompanying team shall notify the person who is qualified to allow access. This notice is given by any means and within the time limits consistent with those of the audit. The notice indicates the purpose and scope of the audit.
If the person who has the right to allow access cannot be notified or opposes all or part of the access, the inspection may be conducted only with the permission of the President of the High Court or the judge delegated by him according to the procedures and under the conditions referred to in sections L. 2342-40 to L. 2342-45. In this case, the order includes, instead of the perimeter, the designation of the facility subject to verification.
However, if the person mentioned in the preceding paragraph is a public person other than the State, the authorization for access is given by an administrative authority of the State.
L. 2342-47
In the case of a request for clarification on a chemical manufacturing facility listed in Table 3 or defined organic chemicals, the authorization to access other parts of the plant site may be given to inspectors by the head of the accompanying team after notice from the operator.
If the operator refuses access to any of these parts of the plant site or the substitution measures referred to in section L. 2342-50 proposed by the head of the accompanying team, the judge shall decide on an emergency basis after having communicated the request made by the head of the inspection team and the substitution measures proposed by the head of the accompanying team, and after having invited the operator.
L. 2342-48
The head of the accompanying team ensures that no document, data, sampling or other information not related to the audit is held by the inspection team. At the end of the inspection, it ensures that the documents and information it designates as confidential are provided with appropriate protection.
This protection may consist, with the exception of samples, of the on-site preservation of documents and information of any kind under conditions that guarantee their integrity and subsequent access to inspectors.
Where it is not in a position to authorize the provision or port of any documents or information that the Chief of the inspection team considers necessary for the preparation of his report, the Head of the accompanying team may propose to the Chief to keep these documents or information on an interim basis under the conditions set out in the preceding paragraph. The final decision of the head of the accompanying team comes within a time limit agreed upon.
L. 2342-49
When the inspection team requests access to areas, premises, documents, data or information of a confidential or private nature, the head of the accompanying team, if any at the request of the person concerned, shall notify the head of the above-mentioned confidential or private inspection team in writing.
After taking the operator's notice or upon request, the head of the accompanying team may make any provision that the operator considers necessary to protect the confidentiality and secrecy of the areas, premises, documents, data or information concerned and human rights. As such, it may restrict or prohibit the use by the inspection team of equipment whose employment is incompatible, because of their nature, with the information to be protected.
L. 2342-50
The head of the accompanying team shall, when making use of the powers referred to in this subsection, make, after notice by the operator, all reasonably possible to propose alternative measures to demonstrate compliance with the Paris Convention and to meet the requests made by the inspection team pursuant to the inspection mandate.
Section 4
National investigations
L. 2342-51
The administrative authority may:
1° Conduct, or conduct, by an authorized public establishment, investigations into chemicals listed in one of the three tables or on defined organic chemicals;
2° Require from any person the information intended to enable the State to respond, in due course, to the requests for clarification of the Organization.
L. 2342-52
Authorized sworn officers exercise the necessary controls to verify compliance with the obligations set out in this chapter and in the texts taken for its application by a person who is subject to it.
As such, they can:
1° Access to professional facilities and premises used for activities related to chemicals listed in one of the three tables or on defined organic chemicals;
2° Take communication and copy, for a given transaction, commercial documents concerning it such as invoices, manifests, administrative documents, transport documents and other shipping documents, as well as, where appropriate, documents relating to the import, export and transit of such products;
3° If necessary, take samples under conditions defined by decree in the Council of State.
L. 2342-53
The checks and samplings provided for in section L. 2342-52 shall be carried out during the working hours of the relevant services of the establishment where the facility is located and in the presence of the operator.
L. 2342-54
A record of their findings is provided by the monitoring officers.
A copy of the report is provided to the person concerned.
L. 2342-55
The list of products listed in the order of the three tables is regularly communicated to the establishment committee.
Section 5
Criminal provisions and administrative sanctions
Sub-section 1
Agents authorized to report offences
L. 2342-56
In addition to judicial police officers acting in accordance with the provisions of the Code of Criminal Procedure, offences may be found in the requirements of this chapter, as well as regulatory provisions for its application:
1° The Inspectors General and the Inspectors of the Armed Forces, the members of the Military Corps of the General Control of the Armed Forces and the officers of the Army of the Land, the National Navy, the Air Force and the National Gendarmerie who have a command and the members of the military corps of the weapons engineers. Their empowerment is individual. It is issued for a limited period by order of the Minister of Defence. Copy is attached to the fact-finding minutes;
2° Customs officers on the occasion of checks carried out by application of the Customs Code.
The officials of the Ministry of Defence and the customs officers referred to in the above paragraphs shall promptly notify the public prosecutor of their findings.
Sub-section 2
Penal sanctions
L. 2342-57
Is punishable by life imprisonment and EUR 7,500,000 fine using:
1° A chemical weapon;
2° A chemical listed in Table 1 for non-medical, pharmaceutical, research or protection purposes.
The first two paragraphs of section 132-23 of the Penal Code relating to the period of security shall apply to offences under this section.
L. 2342-58
Are punishable by life imprisonment and EUR 7,500,000 to fine the design, construction or use of a facility:
1° Chemical weapons manufacturing;
2° Manufacture of unfilled chemical munitions and materials for the use of chemical weapons.
The modification of facilities or equipment of any kind for the purpose of carrying out an activity prohibited by subsection 1 of the first section of this chapter shall be punished by the same penalties.
The first two paragraphs of section 132-23 of the Penal Code relating to the period of security shall apply to offences under this section.
L. 2342-59
Is punishable by life imprisonment and EUR 7,500,000 fine by directing or arranging a group for the purpose of employment, development, manufacture, storage, storage, retention, acquisition, disposal, import, export, transit, trade or brokerage:
1° A chemical weapon;
2° A chemical listed in Table 1 for non-medical, pharmaceutical, research or protection purposes.
The first two paragraphs of section 132-23 of the Penal Code relating to the period of security shall apply to offences under this section.
L. 2342-60
Are punishable by twenty years' imprisonment and EUR 3,000 to fines the development, manufacture, storage, detention, retention, acquisition, disposal, import, export, transit, trade or brokerage:
1° A chemical weapon other than an ancient chemical weapon or an abandoned chemical weapon;
2° A chemical listed in Table 1 for purposes other than medical, pharmaceutical, research or protection.
The same penalties shall be imposed on the import, export, trade or brokerage of any chemical weapons equipment or any document or object to permit or facilitate the violation of the provisions of subsection 1 of the first section of this chapter.
The same penalty shall be imposed on the communication of any information to permit or facilitate the violation of the provisions of subsection 1 of the first section of this chapter.
The first two paragraphs of section 132-23 of the Penal Code relating to the period of security shall apply to offences under this section.
L. 2342-61
Inducing, encouraging or inducing anyone in any way to commit the offences provided for in articles L. 2342-57, L. 2342-58 and L. 2342-60, when this has been followed by effect, is punishable by the penalties provided for these offences.
When the facts mentioned in the first paragraph are not followed by effect due to circumstances beyond their author's control, the sentence is seven years imprisonment and 100,000 EUR fine.
L. 2342-62
Are punished by five years imprisonment and EUR 75,000 fines for the acquisition, disposal, importation, export, transit, trade or brokering of an old chemical weapon or an abandoned chemical weapon.
L. 2342-63
The provisions of articles L. 2342-60 and L. 2342-62 do not apply to the detention, storage and conservation of chemical weapons for the purpose of their destruction by the State or the person authorized by the State.
L. 2342-64
It is punishable by five years' imprisonment and EUR 75,000 to fine the fact that it opposes the seizure by the administrative authority of a chemical weapon or chemical mentioned in the second paragraph of Article L. 2342-6.
L. 2342-65
Is punishable by two years' imprisonment and EUR 30,000 to fine the operator's failure to report:
1° A facility for the manufacture, storage, storage, storage or destruction of chemical weapons or a facility for the manufacture of unfilled chemical munitions or materials for the use of chemical weapons;
2° Other facility or facility designed, constructed or used primarily to develop chemical weapons, including laboratories and test and assessment sites.
L. 2342-66
It is punishable by two years' imprisonment and EUR 30,000 to fine the failure by its holder to report a chemical weapon held on 18 June 1998.
It is punishable by the same penalties the lack of declaration by its holder of an ancient or abandoned chemical weapon.
L. 2342-67
A penalty of six months' imprisonment and EUR 7,500 is imposed on the operator responsible for the monitoring equipment referred to in section L. 2342-36 to fail to inform the administrative authority of any fact that affects their proper operation.
L. 2342-68
Are punished by seven years imprisonment and 100,000 EUR fine:
1° The operation of a chemical manufacturing facility listed in Table 1 for medical, pharmaceutical, research or protection purposes without authorization when it is mandatory, or in violation of the conditions of the authorization issued;
2° Import, export, transit, trade or brokerage of chemicals listed in Table 1, for medical, pharmaceutical, research or protection purposes, from or to a State not party to the Paris Convention.
L. 2342-69
Are punished by three years imprisonment and 45,000 EUR fine:
1° The development, manufacture, acquisition, disposal, use, possession, storage or storage of chemicals listed in Table 1 for medical, pharmaceutical, research or protection purposes without authorization or in violation of the authorizations issued;
2° Import, export, transit, trade or brokerage, without authorization, of chemicals listed in Table 1 for medical, pharmaceutical, research or protection purposes from or to a State Party to the Paris Convention.
L. 2342-70
Are punished by two years imprisonment and EUR 30,000 fine:
1° Failure to report a chemical processing, storage or consumption facility listed in Table 1;
2° The trade or brokerage of products listed in Table 2 from a State not party to the Paris Convention or to such a State;
3° The lack of annual information, by the operator, of the quantities of chemicals listed in Table 1 that it has manufactured, acquired, disposed, processed, consumed or stored, of the quantities of precursors listed in one of the three tables it has used for the manufacture of these chemicals and the quantities of these products it plans to manufacture in the following year.
L. 2342-71
It is punishable by one year's imprisonment and EUR 15,000 to fine trade or brokerage without authorization of chemicals listed in Table 3 to a State not party to the Paris Convention.
L. 2342-72
The attempt to commit the offences provided for in the second paragraph of article L. 2342-61, articles L. 2342-62, L. 2342-64, L. 2342-68, L. 2342-69 and 2° and 3° of article L. 2342-70 is punishable by the same penalties.
L. 2342-73
The offences provided for in the second paragraph of section L. 2342-61, sections L. 2342-62, L. 2342-65 and L. 2342-68 to L. 2342-70 are considered to be the same offence in respect of recidivism.
L. 2342-74
It is punishable by five years' imprisonment and EUR 75,000's fine to oppose or hinder international audits under section 3 of this chapter.
L. 2342-75
Any person who has attempted to commit any of the offences set out in sections L. 2342-57 to L. 2342-61 shall be exempt from punishment if, having notified the administrative or judicial authority, the person has prevented the commission of the offence and has identified, where appropriate, the other guilty persons.
L. 2342-76
The custodial sentence imposed by the author or accomplice of any of the offences set out in sections L. 2342-57 to L. 2342-61 is reduced by half if, having warned the administrative or judicial authority, he has allowed for the cessation of the acts incriminated or to prevent the offence from causing death of a person or permanent infirmity and to identify, if any, the other perpetrators. When the penalty is life imprisonment, it is reduced to twenty years ' imprisonment.
L. 2342-77
I. - Individuals guilty of any of the offences set out in this chapter shall be liable to the following additional penalties:
1° The prohibition, in accordance with the terms provided for in article 131-26 of the Criminal Code, of civil, civil and family rights;
2° The prohibition, in accordance with the terms set out in section 131-27 of the Criminal Code, of the exercise of a public service or of the exercise of professional or social activity in the exercise or in the exercise of which the offence was committed;
3° The closure, either on a final basis or for a period of not more than five years, of the establishments or one or more of the establishments of the company that used to commit the offence;
4° The exclusion of public markets for a maximum of five years;
5° Forfeiture of the thing that served or was intended to commit the offence or of the thing that is the product of it, with the exception of objects likely to restitution;
6° The posting or dissemination of the decision under the conditions set out in section 131-35 of the Criminal Code.
II. - Individuals guilty of one of the offences provided for in sections L. 2342-57 to L. 2342-62, L. 2342-64, L. 2342-68, L. 2342-69, L. 2342-74 and L. 2342-79 also apply the following additional penalties:
1° The residence ban, in accordance with the terms provided for in Article 131-31 of the Criminal Code;
2° The prohibition of French territory, in the case of foreign nationals, imposed under the conditions laid down in section 131-30 of the Criminal Code, either permanently or for a period of not more than ten years.
L. 2342-78
Legal persons may be criminally liable under the conditions provided for in article 121-2 of the Criminal Code for offences defined in articles L. 2342-57 to L. 2342-62, L. 2342-64 to L. 2342-71, L. 2342-74 and L. 2342-79.
The penalties imposed by legal persons are:
1° The fine, in accordance with the terms provided for in Article 131-38 of the Criminal Code;
2° In the cases provided for in articles L. 2342-57 to L. 2342-61, the penalties referred to in article 131-39 of the Criminal Code;
3° In the cases provided for in articles L. 2342-62, L. 2342-64 to L. 2342-71, L. 2342-74 and L. 2342-79, the penalties referred to in 2° to 9° of article 131-39 of the Criminal Code.
The prohibition referred to in 2° of section 131-39 of the Criminal Code concerns activity in the exercise or in the exercise of which the offence was committed.
L. 2342-79
A person who is not qualified by the provisions of this chapter shall be liable to imprisonment for three years and to a fine of EUR 45,000 for any communication or disclosure without the authorization of the person concerned or his or her rightful persons, or the signatory or consignee of a document from an audit under section 3 of this chapter.
L. 2342-80
In the cases provided for in sections L. 2342-57 to L. 2342-62, L. 2342-64, in the second paragraph of Article L. 2342-65 and articles L. 2342-66, L. 2342-68 and L. 2342-69, the confiscation of chemical weapons and chemicals listed in Table 1 to any person they belong and in any place they are.
L. 2342-81
Where the offences provided for in articles L. 2342-68, L. 2342-69, 2° of Article L. 2342-70 and L. 2342-71 are committed in a State not party to the Paris Convention by a Frenchman, the French law is applicable, by derogation from the provisions of the second paragraph of Article 113-6 of the Criminal Code, and the provisions of the second sentence of Article 113-8 of the same Code shall not apply.
Sub-section 3
Administrative sanctions
L. 2342-82
When a record, pursuant to section L. 2342-54, finds that a person refuses to exercise their control powers under section L. 2342-52, the administrative authority shall invite the person who has objected to the refusal to submit his or her observations within fifteen days.
After this period, in the light of the record of the refusal and the above-mentioned observations, the administrative authority may, by a reasoned decision, order a daily violation.
The amount of the daily allowance may not exceed EUR 7,500 and, if applicable, 0.1% of the turnover in the result account of the last fiscal year ended.
However, at the time of liquidation of the stay, the total of the requested amounts cannot exceed $225,000 and, where applicable, 3% of the turnover in the result account of the last fiscal year ended.
The decision of the administrative authority is subject to full jurisdiction.
The President of the Administrative Court or his delegate may, if at least one of the means set out in the application appears to be serious and in a manner that warrants the annulment of the decision, order the suspension of the stay until a judgment is brought to the principal.
The President of the Administrative Court or his delegate shall rule urgently.
L. 2342-83
Where there has been a breach of a reporting obligation provided for in sections L. 2342-12, L. 2342-14, L. 2342-15 and L. 2342-17 to L. 2342-19 or when it has not been replied to a request for information under section L. 2342-51, the administrative authority shall invite the person concerned to become acquainted with the record and to submit its observations within fifteen days.
After this period and in the light of the above observations, the administrative authority may, by a reasoned decision, make a fine equal to EUR 75,000.
The decision of the administrative authority is subject to full jurisdiction.
L. 2342-84
The fines and fines provided for in this subsection may not relate to facts that are more than three years old if no action has been taken within this period for their search, recognition or punishment.
Chapter 3
Anti-personnel mines
Section 1
Definition
L. 2343-1
For the purposes of this chapter, the words: "Ottawa Convention" refer to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction, published by Decree No. 99-303 of 13 April 1999.
Under this chapter, the terms "anti-personnel mines" and "transfer" have the meaning given to them by the Ottawa Convention.
Section 2
Legal system
L. 2343-2
The development, manufacture, production, acquisition, storage, storage, supply, disposal, import, export, transfer and use of anti-personnel mines are prohibited.
L. 2343-3
Notwithstanding the provisions of Article L. 2343-2, State services are authorized:
1° To transfer anti-personnel mines for their destruction;
2° To retain or transfer a number of anti-personnel mines for the development of mine detection, mine clearance or mine destruction techniques and for training in such techniques, the number of mines held for these purposes may not exceed 5,000 from 31 December 2000.
State departments can entrust these operations to authorized persons.
L. 2343-4
Are subject to declaration under the conditions set out in Article 7 of the Ottawa Convention:
1° By their holder:
(a) Total stockpiles of anti-personnel mines, including a distribution by type, quantity and, if possible, by lot number for each type of stockpiled anti-personnel mines;
(b) Types and quantities and, where possible, batch numbers of all anti-personnel mines retained or transferred for the development of techniques for the detection of anti-personnel mines, demining or destruction of anti-personnel mines and for training in such techniques;
(c) Types and quantities and, if possible, batch numbers of all anti-personnel mines transferred for destruction purposes;
(d) The status of programmes for the destruction of stockpiles of anti-personnel mines, including details on the methods used for destruction and observed safety and environmental standards;
(e) The types and quantities of all anti-personnel mines destroyed after the entry into force of the Ottawa Convention, including a distribution of the quantity of each type of anti-personnel mines destroyed as well as, if possible, the batch numbers of each type of anti-personnel mines.
2° By their operator:
(a) Facilities authorized to retain or transfer anti-personnel mines for the purpose of destruction or for the development of techniques for the detection of anti-personnel mines, demining or destruction of anti-personnel mines and for training in such technologies;
(b) The status of programmes for the conversion or decommissioning of anti-personnel mine production facilities.
Section 3
Controls
L. 2343-5
The fact-finding missions provided for in Article 8 of the Ottawa Convention relate to all areas or facilities located in French territory where it may be possible to collect relevant facts relating to the alleged non-compliance that motivates the mission.
Under the conditions set out in the eighth to tenth paragraphs of Article 8 of the Ottawa Convention, fact-finding missions shall be carried out by inspectors appointed by the Secretary-General of the United Nations who have not been challenged by the administrative authority of a State. For the performance of their duties, inspectors have powers and enjoy the privileges and immunities provided for in the Ottawa Convention.
On the occasion of each fact-finding mission, the administrative authority of the State designates a support team, each member of which has the status of an accompanying member.
The attendants welcome the inspectors at their point of entry to the territory, assist the operations carried out by them and accompany them until they leave the territory.
The head of the accompanying team ensures the proper execution of the mission. As part of his duties, he represents the State with the head of the inspection team and the persons subject to inspection. He may delegate some of his duties to other escorts.
The head of the accompanying team is communicated the inspection mandate. It verifies at the point of entry in the territory of the fact-finding mission that the equipment held by the inspectors is exclusively intended to be used for the collection of information on the alleged non-compliance. It ensures that these equipment conforms to the list provided by the mission prior to its arrival.
L. 2343-6
Where the place under inspection depends on a public person other than the State, the authorization of access is given by an administrative authority of the State.
If the fact-finding mission relates to a place where access, for all or part of the specified area, depends on a private person, the head of the accompanying team shall notify of that request the person who is qualified to allow access to that place. This notice is given by all means and in time consistent with those of the execution of the fact-finding mission. The notice indicates the object and conditions of the inspection. The person who has the right to authorize access attends or is represented in inspection operations.
If the person who has the right to allow access cannot be affected by the notice referred to in the preceding paragraph or if the person refuses access, the inspection may only begin with the authorization of the President of the High Court or the delegated judge by him. The president of the High Court is seized by the administrative authority of the State.
The President of the High Court or the judge delegated by him shall ensure that the inspection request is in accordance with the provisions of the Ottawa Convention. It also ensures the existence of the inspection mandate. It checks the empowerment of inspection team members and attendants and any other person for whom access is requested. The chair or judge delegated by him shall rule immediately by order. The order includes the inspection mandate, the nominative list of inspection team members, attendants and any other authorized person, the location of the site subject to the visit.
The visit is carried out under the control of the judge who authorized it and who designates, for this purpose, a territorially competent judicial police officer to attend the operations. The order is notified by the administrative authority of the State, on site at the time of the visit, to the persons concerned who receive full copy against receipt. In their absence, the notification is made after the visit by registered letter with notice of receipt.
L. 2343-7
When the fact-finding mission requests access to areas, premises, documents, data or information of a confidential or private nature, the head of the accompanying team, if any at the request of the person concerned, shall in writing inform the head of the fact-finding mission of the aforementioned confidential or private nature.
The head of the accompanying team may make any provision that he considers necessary to protect the confidentiality and secrecy of the areas, premises, documents, data or information concerned as well as human rights.
The head of the accompanying team ensures that no document, data or other information not related to the fact-finding mission is held by the inspectors. At the end of the fact-finding mission, it ensures that the documents and information it designates as confidential are provided with appropriate protection.
The head of the accompanying team is required, when making use of the powers referred to in the preceding two paragraphs, to do everything reasonably possible to propose alternative measures to demonstrate compliance with the Ottawa Convention and to meet the requests that the inspection team make under the terms of reference of the fact-finding mission.
Section 4
Criminal provisions
Sub-section 1
Agents authorized to report offences
L. 2343-8
In addition to judicial police officers acting in accordance with the provisions of the Code of Criminal Procedure, offences may be found in the requirements of this chapter, as well as regulatory provisions for its application:
1° The Inspectors General and the Inspectors of the Armed Forces, the members of the Military Corps of the General Control of the Armed Forces and the officers of the Army of the Land, the National Navy, the Air Force and the National Gendarmerie who have a command and the members of the military corps of the weapons engineers. Their empowerment is individual. It is issued for a limited period by order of the Minister of Defence. Copy is attached to the protest reports;
2° Customs officers on the occasion of checks under the Customs Code.
The officials of the Ministry of Defence and the customs officers mentioned in the paragraph above shall promptly notify the public prosecutor of their findings.
Sub-section 2
Penal sanctions
L. 2343-9
Offences to the provisions of Article L. 2343-2, subject to the provisions of Article L. 2343-3, are punishable by ten years of imprisonment and 150,000 EUR fine.
Attempts of offence are punishable by the same penalty.
It is punishable by five years' imprisonment and EUR 75,000 to fine the fact that it opposes or hinders international proceedings to establish the facts set out in Article L. 2343-5.
L. 2343-10
Individuals guilty of the offences provided for in Article L. 2343-9, subject to the provisions of Article L. 2343-3, shall also be liable to the additional penalties provided for in Articles 221-8 to 221-11 of the Criminal Code.
L. 2343-11
Legal persons may be declared criminally liable, under the conditions provided for in article 121-2 of the Criminal Code, for offences under article L. 2343-9, subject to the provisions of article L. 2343-3.
The penalties imposed by legal persons are:
1° The fine, in accordance with the terms provided for in Article 131-38 of the Criminal Code;
2° The penalties mentioned in section 131-39 of the Criminal Code.
The prohibition referred to in 2° of section 131-39 of the Criminal Code concerns activity in the exercise or in the exercise of which the offence was committed.
L. 2343-12
Where offences under the provisions of Article L. 2343-2, subject to the provisions of Article L. 2343-3, are committed outside the territory of the Republic by a Frenchman, the French criminal law is applicable, by derogation from the provisions of the second paragraph of Article 113-6 of the Criminal Code, and the provisions of the second sentence of Article 113-8 of the same Code are not applicable.
PART V
EXPLOSIVES
Chapter 1
Development of State monopoly
L. 2351-1
A decree in the Council of State determines the conditions to which delegations by the State of certain operations are subordinate to public or private companies in the production, import, export and trade of powders and explosive substances.
Chapter 2
Authorities and approvals
L. 2352-1
The production, import, export, trade, employment, transport and conservation of powders and explosive substances are subject to technical approval and the authorizations and controls required by the requirements of public safety and national defence.
The conditions under which the technical approval and authorizations are granted and the control operations carried out are determined by decree in the Council of State.
L. 2352-2
Regulatory authorizations or authorizations refer to the provisions of sections L. 2353-11 and L. 2353-12.
Before entrusting him with the custody of explosives, the employer shall, under the conditions defined by decree in the Council of State, notify the person responsible for his obligations under article L. 2353-12, and obtain recognition of that warning.
Chapter 3
Criminal provisions
Section 1
Agents authorized to report offences
L. 2353-1
In addition to the judicial police officers acting in accordance with the provisions of the Code of Criminal Procedure, offences may be found in the requirements of this title, as well as the regulatory provisions for its application:
1° Mining engineers and assimilated engineers and officials placed under their orders, weapons engineers and engineers of military studies and techniques, as well as officers placed under their orders, appointed by the minister to whom they report;
2° Customs officers on the occasion of checks under the Customs Code.
The officials of the Ministry of Defence and the Ministry of Industry, as well as the customs officers mentioned in the above paragraphs, shall promptly notify the public prosecutor of their findings.
Section 2
Penal sanctions
L. 2353-2
The manufacture, flow or distribution of powder, the possession of any quantity of powder for military use, or more than 2 kilograms of any other powder, without legal authorization, shall be punished by imprisonment of two years.
L. 2353-3
Individuals guilty of the offence provided for in Article L. 2353-2 shall also be liable for the additional stay ban in accordance with the terms provided for in Article 131-31 of the Criminal Code.
The court further orders the confiscation of weapons or ammunition manufactured, debited, distributed or possessed without authorization.
L. 2353-4
A fine of EUR 3,750 shall be punished by imprisonment for five years:
1° The manufacture or detention, without authorization and without legitimate motives, of deadly or incendiary machines or apparatus acting by explosion or otherwise, or any explosive whatsoever, irrespective of its composition;
2° Manufacture or detention, without legitimate reasons, of any other element or substance intended to enter the composition of an explosive.
Penalties are increased to 10 years in prison and to EUR 500,000 in fine when the offence is committed in organized bands.
The custodial sentence imposed by the author or accomplice of the offences provided for in this article shall be reduced by half, if he or she has notified the administrative or judicial authority, he or she has allowed for the cessation of the acts in question and the identification, if any, of other perpetrators or accomplices.
L. 2353-5
Are punished by imprisonment for five years and a fine of EUR 4,500:
1° Selling or exporting explosive powders or substances on a list established by decree, or producing or importing any explosive powders or substances, in violation of articles L. 2351-1 and L. 2352-1 or any texts taken for their application;
2° Failure to comply with or interfere with the controls provided for in section L. 2352-1, or to provide the required information for these controls.
Penalties are increased to 10 years in prison and to EUR 500,000 in fine when the offence is committed in organized bands.
L. 2353-6
A two-year imprisonment and a fine of EUR 3,750 shall be imposed on the sale of non-military explosive powders or substances outside the conditions provided for in this title and the regulatory provisions made for its application.
L. 2353-7
A fine of EUR 3,750 is imposed on the export of powders or explosive substances not subject to military use, other than the conditions provided for in this title and the texts taken for its application.
L. 2353-8
It is punishable as the perpetrator of the offences provided for in sections L. 2353-5, L. 2353-6 and L. 2353-7 the person engaged in an intermediary or advertising agent activity on the occasion of operations involving the aforementioned products.
The judge orders forfeiture of products manufactured, imported, exported or sold as well as manufacturing.
L. 2353-9
The custodial sentence imposed by the author or accomplice of the offences provided for in articles L. 2353-5 to L. 2353-8 is reduced by half, if he has notified the administrative or judicial authority, he has allowed for the cessation of the acts incriminated and, where appropriate, to identify the other perpetrators or accomplices.
L. 2353-10
The port or transport, without legitimate grounds, of undetonating artifices are punishable by six months imprisonment and 7 500 EUR fine.
The court may order the confiscation of the object of the offence.
L. 2353-11
Any person who has an authorization to manufacture, acquire, transport or store explosives on deposit, who has not reported to the police or gendarmerie within twenty-four hours of the time when the person has been aware of the disappearance of all or part of these products, shall be punished by one year's imprisonment and a fine of EUR 6,000.
When the person who is an authorized person is a legal entity, the same penalties are applicable to his or her leaders if they have been aware of the disappearance and have not declared it within the time limit provided for in the preceding paragraph.
L. 2353-12
Without prejudice to the application of the provisions of Article L. 2353-11, any officer who has been entrusted with the custody of explosives shall, if he or she finds the disappearance of all or part of the explosives, make the statement to the police or gendarmerie within 24 hours. The omission of this declaration is punishable by imprisonment for six months and a fine of EUR 3,750.
L. 2353-13
The acquisition, possession, transport or improper port of explosive substances or of devices or machines manufactured using these substances shall be punished according to the provisions of Title 3 applicable to weapons of the first class.
LIVRE IV
PROVISIONS RELATING TO THE OUTRE-MER
PART I
SPECIAL PROVISIONS
THE DEPARTMENTS OF OUTRE-MER
This title does not include legislation.
PART II
SPECIAL PROVISIONS
AT ITS PIERRE-ET-MIQUELON
Single Chapter
L.2421-1
For the application in Saint-Pierre-et-Miquelon of the provisions of articles L. 2112-1 and L. 2142-1, the reference to the provisions of the general code of territorial authorities is replaced by the reference to the provisions of articles L. 124-1 to L. 124-8 of the code of municipalities applicable to Saint-Pierre-et-Miquelon.
For the application in Saint-Pierre-et-Miquelon of the provisions of Article L. 2231-1, the reference to the provisions of the general code of territorial authorities is replaced by the reference to the provisions of Article 26 of Act No. 83-8 of 7 January 1983 on the division of competence between municipalities, departments, regions and the State.
L. 2421-2
For the purposes of this part of the code in Saint-Pierre-et-Miquelon, the following terms are replaced as follows:
1° The word "prefect" by the words: "State representative";
2° The word "department" by the word "community";
3° The words: "judgment court" and "judgment court" by the words: "first instance court".
L. 2421-3
In the absence of adaptation, references made, by provisions of this Part of the Code applicable to Saint-Pierre-et-Miquelon, to provisions that are not applicable therein are replaced by references to provisions having the same locally applicable object.
PART III
MAYOTTE APPLICABLE PROVISIONS
Single Chapter
L. 2431-1
The provisions of articles L. 2112-1 to L. 2161-3, L. 2211-1 to L. 2236-7, L. 2311-1 to L. 2313-3, L. 2322-1 to L. 2353-13 are applicable to Mayotte.
L. 2431-2
For the purposes of this part of the code in Mayotte, the following terms are replaced as follows:
1° The word "prefect" by the words "prefect of Mayotte";
2° The word: "Department" by the words: "Departmental Community of Mayotte";
3° The words: "judgment court" and "judgment court" by the words: "first instance court".
L. 2431-3
For the purposes of the provisions of articles L. 2211-1 to L. 2213-4 and L. 2221-1 to L. 2223-19, the right to request goods and services and persons residing in Mayotte belongs to the prefect of Mayotte and to the superior commander of the armed forces.
L. 2431-4
With respect to vessels or aircraft, the right to requisition may be restricted to those of them that belong to natural or legal persons whose domicile or head office is located in Mayotte. Other vessels or aircraft parked in a Mayotte port or airport may only be requisitioned by the Minister responsible for transport who uses them after prior consultation with the Minister of the Overseas; However, in the event of a breakdown of the communications provided for in section L. 1311-1, the senior official of the territorially competent defence zone may, in liaison with the local representative of the Minister for Transport, requisition these means, to report to the Minister of the Overseas and the Minister for Transport as soon as possible.
L. 2431-5
For the purposes of the provisions of Article L. 2313-2, the reference to the provisions of the urban planning code is replaced by the reference to Article L. 421 of the urban planning code applicable to Mayotte.
L. 2431-6
In the absence of adaptation, references made, by provisions of this Part of the Code applicable to Mayotte, to provisions that are not applicable therein are replaced by references to the provisions having the same locally applicable object.
PART IV
APPLICABLE PROVISIONS
IN THE WALLIS AND FUTUNA ISLANDS
Single Chapter
L. 2441-1
The provisions of articles L. 2113-1 to L. 2141-4, L. 2151-1 to L. 2161-3, L. 2211-1 to L. 2223-19, L. 2232-1 to L. 2236-7, L. 2311-1 to L. 2313-1 and L. 2322-1 to L. 2353-13 are applicable in the Wallis and Futuna Islands.
L. 2441-2
For the purposes of this part of the code in the Wallis and Futuna Islands, the following terms are replaced as follows:
1° The word "prefect" by the words: "State representative";
2° The word "department" by the words "Wallis and Futuna Islands";
3° The words: "judgment court" and "judgment court" by the words: "first instance court";
4° The words: "common" and "murder" by the words: "administrative electoral district" and "leader of the administrative district".
L. 2441-3
For the purposes of the provisions of articles L. 2211-1 to L. 2213-4 and L. 2221-1 to L. 2223-19, the right to request goods and services and persons residing in the Wallis and Futuna Islands is vested in the representative of the State and the superior commander of the armed forces.
L. 2441-4
With respect to vessels or aircraft, the right to requisition may be restricted to those of them that belong to natural or legal persons whose domicile or head office is located in the Wallis and Futuna Islands. Other vessels or aircraft parked in a port or airport of the Wallis and Futuna Islands may only be requisitioned by the Minister for Transport who uses them after prior consultation with the Minister of the Overseas; However, in the event of a breakdown of the communications provided for in section L. 1311-1, the senior official of the territorially competent defence zone may, in liaison with the local representative of the Minister for Transport, requisition these means, to report to the Minister of the Overseas and the Minister for Transport as soon as possible.
L. 2441-5
In the absence of adaptation, references made, by provisions of this Part of the applicable code in the Wallis and Futuna Islands, to provisions that are not applicable therein are replaced by references to provisions having the same locally applicable object.
PART V
APPLICABLE PROVISIONS
IN FRENCH POLYSIS
Single Chapter
L. 2451-1
The provisions of articles L. 2112-1 to L. 2161-3, L. 2211-1 to L. 2236-7, L. 2311-1 to L. 2312-8, L. 2313-4, L. 2322-1 to L. 2343-12, L. 2352-2, L. 2353-2 to L. 2353-4, L. 2353-11 to L. 2353-13 are applicable in French Polynesia.
L. 2451-2
For the purposes of this Part of the Code in French Polynesia, the following terms are replaced as follows:
1° The word "prefect" by the words: "State representative";
2° The word: "Department" by the words: "French Polynesia";
3° The words: "judgment court" and "judgment court" by the words: "first instance court".
L. 2451-3
For the application in French Polynesia of the provisions of Articles L. 2112-1 and L. 2142-1, the reference to the provisions of the General Code of Territorial Authorities is replaced by the reference to the provisions of Articles L. 124-1 to L. 124-8 of the Code of Commons applicable in French Polynesia.
For the application in French Polynesia of the provisions of Article L. 2231-1, the reference to the provisions of the general code of territorial authorities is replaced by the reference to the provisions of Article 27 of Organic Law No. 2004-192 of 27 February 2004 relating to the status of autonomy of French Polynesia.
L. 2451-4
For the purposes of the provisions of articles L. 2211-1 to L. 2213-4 and L. 2221-1 to L. 2223-19, the right to request goods and services and persons residing in French Polynesia belongs to the representative of the State in the territory and to the superior commander of the armed forces.
L. 2451-5
With respect to vessels or aircraft, the right to requisition may be limited to those of them who belong to natural or legal persons whose domicile or head office is located in French Polynesia. Other vessels or aircraft parked in a port or airport of French Polynesia may only be requisitioned by the Minister for Transport who uses them after prior consultation with the Minister of Overseas; However, in the event of a breakdown of the communications provided for in section L. 1311-1, the senior official of the territorially competent defence zone may, in liaison with the local representative of the Minister for Transport, requisition these means, to report to the Minister of the Overseas and the Minister for Transport as soon as possible.
L. 2451-6
In the absence of adaptation, references made, by provisions of this Part of the applicable French Polynesia Code, to provisions that are not applicable therein are replaced by references to the provisions having the same locally applicable object.
PART VI
APPLICABLE PROVISIONS
IN NEW CALEDONIA
Single Chapter
L. 2461-1
The provisions of articles L. 2112-1 to L. 2161-3, L. 2211-1 to L. 2223-19, L. 2232-1 to L. 2236-7, L. 2311-1 to L. 2312-8 and L. 2322-1 to L. 2353-13 are applicable in New Caledonia.
L. 2461-2
For the purposes of this Part of the Code in New Caledonia, the following terms are replaced as follows:
1° The word: "prefect" by the words: "State representative in New Caledonia";
2° The word: "Department" by the words: "New Caledonia";
3° The words: "judgment court" and "judgment court" by the words: "first instance court".
L. 2461-3
For the application in New Caledonia of the provisions of articles L. 2112-1 and L. 2142-1, the reference to the provisions of the general code of territorial authorities is replaced by the reference to the provisions of articles L. 124-1 to L. 124-8 of the code of municipalities of New Caledonia.
L. 2461-4
For the purposes of the provisions of articles L. 2211-1 to L. 2213-4 and L. 2221-1 to L. 2223-19, the right to request goods and services and persons residing in New Caledonia is vested in the representative of the State in New Caledonia and the superior commander of the armed forces.
L. 2461-5
With respect to vessels or aircraft, the right to requisition may be restricted to those of them that belong to natural or legal persons whose domicile or head office is located in New Caledonia. Other vessels or aircraft in parking at a port or airport in New Caledonia may only be requisitioned by the Minister for Transport who uses them after prior consultation with the Minister of Overseas; However, in the event of a breakdown of the communications provided for in section L. 1311-1, the senior official of the territorially competent defence zone may, in liaison with the local representative of the Minister for Transport, requisition these means, to report to the Minister of the Overseas and the Minister for Transport as soon as possible.
L. 2461-6
In the absence of adaptation, the references made, by provisions of this Part of the applicable New Caledonia code, to provisions that are not applicable to it are replaced by references to the provisions having the same locally applicable object.
PART VII
PROVISIONS FOR TERMS
FRENCH AND ANTARCTICES
Single Chapter
L. 2471-1
The provisions of articles L. 2113-1 to L. 2141-4, L. 2151-1 to L. 2161-3, L. 2211-1 to L. 2223-19, L. 2232-1 to L. 2236-7, L. 2313-1 to L. 2161-3, L. 2211-1 to L. 2223-19, L. 2232-1 to L. 2236-7, L. 23
L. 2471-2
For the application of this part of the code to the French Southern and Antarctic Lands, the following terms are replaced as follows:
1° The word "prefect" by the words: "State representative";
2° The word: "Department" by the words: "French Southern and Antarctic Lands".
L. 2471-3
For the purposes of the provisions of Articles L. 2211-1 to L. 2213-4 and L. 2221-1 to L. 2223-19, the right to request goods and services and persons residing in the French Southern and Antarctic Lands belongs to the representative of the State and to the superior commander of the armed forces.
L. 2471-4
With respect to vessels or aircraft, the right to requisition may be limited to those of them that belong to natural or legal persons whose domicile or head office is located in the French Southern and Antarctic Lands. Other vessels or aircraft parked in a port or airport of the French Southern and Antarctic Lands may only be requisitioned by the Minister for Transport who uses them after prior consultation with the Minister of the Overseas; However, in the event of a breakdown of the communications provided for in section L. 1311-1, the senior official of the territorially competent defence zone may, in liaison with the local representative of the Minister for Transport, requisition these means, to report to the Minister of the Overseas and the Minister for Transport as soon as possible.
L. 2471-5
In the absence of adaptation, references made, by provisions of this Part of the Code applicable to the French Southern and Antarctic Lands, to provisions that are not applicable therein are replaced by references to provisions having the same locally applicable object.
Part 3
THE MINISTRY OF THE DEFENSE
AND SUBSTANTIVE BODIES
LIVRE I
CENTRAL ADMINISTRATION
This book does not include legislative provisions.
LIVRE II
ARMED FORCES
PART I
COMPOSITION
Single Chapter
L. 3211-1
The armed forces include:
1° The army of land, the national navy and the air force, which constitute the armies within the meaning of this code;
2° The National Gendarmerie;
3° Joint support services.
L. 3211-2
The armed forces of the Republic are at the service of the nation. The mission of the armies is to prepare and ensure by force the defence of the homeland and the superior interests of the nation.
The purpose of the gendarmerie is to ensure public safety and to ensure the maintenance of order and enforcement of laws.
PART II
AND NATIONAL GENDARMER
This title does not include legislation.
LIVRE III
CONSULTATIVE BODIES
This book does not include legislative provisions.
LIVRE IV
PUBLIC ISSUES
PART I
PUBLIC ISSUES
ADMINISTRATIVE CARACTER
Chapter 1
Higher education institutions
and Research
L. 3411-1
The rules relating to the missions and organization of the Polytechnic School, as well as to the recruitment and instruction of its students, are defined by articles L. 675-1 and L. 755-1 to L. 755-3 of the Education Code.
Chapter 2
Circles and homes
This chapter does not include legislative provisions.
Chapter 3
Other public institutions
Administrative character
L. 3413-1
The rules relating to the missions and organization of the National Office of Veterans and War Victims are set out in sections L. 517 to L. 519 of the Code of Military Disability Pensions and War Victims.
L. 3413-2
The rules relating to the missions and organization of the National Institute of Invalids are defined by articles L. 528 to L. 537 of the Code of Military Disability Pensions and War Victims.
L. 3413-3
The rules relating to the missions and organization of the National Military Social Security Fund are set out in articles L. 713-19 to L. 713-22 of the Social Security Code.
PART II
PUBLIC ISSUES
INDUSTRIAL AND COMMERCIAL CARACTER
Chapter 1
The army economate
Section 1
General provisions
L. 3421-1
The economate of the armies is a public establishment of the state, of a commercial nature, with financial autonomy and placed under the supervision of the Minister of Defence.
Its purpose is to provide logistical support and the provision of various services, goods and supplies to military formations in France and abroad as well as to collective and individual stakeholders authorized by the Minister of Defence.
The Minister of Defence directs the action of the army economate and exercises general oversight of his activity.
L. 3421-2
The economate of the armed forces may receive assistance from the State in personnel, premises and equipment when, as part of its mission, it intervenes for the benefit of the armed forces established, stationed or passing abroad. This assistance is the subject of an annual report to the Board of Directors.
Section 2
Administrative and financial organization
L. 3421-3
The armies' economate is administered by a board of directors, whose president is appointed by order on the proposal of the Minister of Defence and comprising representatives of the administration and staff of the institution and members appointed on the basis of their competence.
L. 3421-4
The Armies Economate is headed by a Director General, selected from the Commissioners General and appointed by Order in Council on the proposal of the Minister of Defence.
L. 3421-5
Financial and accounting management of the Armies Economate is subject to the rules applicable to industrial and commercial public institutions.
Public officials belonging to the procurement services of the Ministry of Defence may be made available to the army economate.
L. 3421-6
The resources of the army economate are made up by:
1° Compensation for services and products offered to its users;
2° Donations and bequests;
3° Grants and benefits in kind that the institution may receive from the State as well as from any other public community;
4° The buildings brought to it by the State in provisional staffing.
L. 3421-7
A decree in the Council of State defines the organisation and management of the economate of the armies.
Chapter 2
The institution of social management of the armies
Section 1
General provisions
L. 3422-1
The institution of social management of the armies, with moral personality and financial autonomy, is under the supervision of the Ministry of Defence.
The activity of the institution is carried out for the benefit of all civilian and military personnel under the Ministry of Defence and their families. It may be extended, in the cases defined by decree, to certain categories of personnel who have previously identified this department and their families. In addition, the institution can benefit, under conventions, other persons from some of its activities.
L. 3422-2
The institution manages social or psychosocial institutions dependent on the Minister of Defence and whose list is stopped by the Minister of Defence. It also carries out social or medico-social activities. By derogation from the provisions of Article L. 15, first paragraph, of the State domain code, the institution may only accept, after authorization of the Minister of Defence, the gifts and bequests made to it without charges, conditions, or real estate assignments.
Section 2
Administrative and financial organization
L. 3422-3
The institution is headed by a director appointed by order of the Minister of Defence.
It is administered by a management board, chaired by the administrator and comprising representatives of military and civilian users, the administration, the staff of the institution and the members appointed because of their competence in the administrative, financial, social, medico-social or cultural fields.
L. 3422-4
The institution operates under the conditions of private law with respect to its relations with the staff paid by it, with the exception of the administrator and deputy administrator, with the users, contractors and third parties. However, the public works regime is applicable to the work of the institution.
The financial and accounting management of the institution is subject to the rules of private law, subject to exemptions that would be provided by the regulations applicable to the institution.
Public servants may be detached from the institution. Officers and career non-commissioned officers may be placed in a situation outside the organization.
L. 3422-5
The institution has no profit. Its resources are:
1° Payments and contributions from users;
2° Donations and bequests;
3° Net outputs of social purpose demonstrations decided by the Minister of Defence;
4° Miscellaneous income and products of establishments, income of foundations and any other income authorized by the management board;
5° Grants and benefits in kind that the institution may receive from the State as well as from any other public community;
6° The buildings brought to it by the State in provisional staffing.
L. 3422-6
The institution is subject to the control of the Court of Auditors, without prejudice to other audits.
L. 3422-7
A decree in the Council of State defines the organisation and operation of the institution of social management of the armies.
Chapter 3
National Office of Studies
and aerospace research
This chapter does not include legislative provisions.
LIVRE V
PROVISIONS RELATING TO THE OUTRE-MER
PART I
SPECIAL PROVISIONS
THE DEPARTMENTS OF OUTRE-MER
This title does not include legislation.
PART II
SPECIAL PROVISIONS
AT ITS PIERRE-ET-MIQUELON
Single Chapter
L. 3521-1
In the absence of adaptation, references made by provisions of this Part of the Code applicable to Saint-Pierre-et-Miquelon to provisions that are not applicable to them shall be replaced by references to the provisions having the same locally applicable object.
PART III
MAYOTTE APPLICABLE PROVISIONS
Single Chapter
L. 3531-1
The provisions of Articles L. 3211-1, L. 3211-2 and L. 3421-1 are applicable to Mayotte in L. 3422-7.
PART IV
APPLICABLE PROVISIONS
IN THE WALLIS AND FUTUNA ISLANDS
Single Chapter
L. 3541-1
The provisions of Articles L. 3211-1, L. 3211-2 and L. 3421-1 to L. 3422-7 are applicable in the Wallis and Futuna Islands.
PART V
APPLICABLE PROVISIONS
IN FRENCH POLYSIS
Single Chapter
L. 3551-1
The provisions of Articles L. 3211-1, L. 3211-2 and L. 3421-1 are applicable in French Polynesia to L. 3422-7.
PART VI
APPLICABLE PROVISIONS
IN NEW CALEDONIA
Single Chapter
L. 3561-1
The provisions of Articles L. 3211-1, L. 3211-2 and L. 3421-1 are applicable in New Caledonia to L. 3422-7.
PART VII
PROVISIONS FOR TERMS
FRENCH AND ANTARCTICES
Single Chapter
L. 3571-1
Subject to the provisions of the Antarctic Treaty issued by Decree No. 61-1300 of 30 November 1961, the provisions of Articles L. 3211-1, L. 3211-2 and L. 3421-1 to L. 3422-7 are applicable to the southern and Antarctic lands of France.
Part 4
THE PERSONNEL OF THE DEFENSE
Part 5
ADMINISTRATIVE AND FINANCIAL PROVISIONS
LIVRE I
DOMANIAL PROVISIONS
PART I
SERVITUDES
Chapter 1
Ammunition and explosive deposits
L. 5111-1
The establishments of the Ministry of Defence for the conservation, handling or manufacture of powders, ammunition, artifices and explosives under the servitudes defined in this chapter are designated by decree, taken after investigation conducted in accordance with the terms defined in Articles L. 11-1 and L. 11-3 of the Code of Expropriation for public utility.
L. 5111-2
No construction of any kind other than fence walls may be elevated to less than 25 metres from the walls of the premises mentioned in article L. 5111-1.
The installation of flammable gas or liquid pipes, wood fences and dry hedges, wood storages and depositions, fodders or combustible materials, and the planting of high stem trees are prohibited in the same extent.
The enclosure walls of which are the walls of the individual enclosure of the establishments. In case there are no individual enclosure walls, if the establishment is covered with land, the distance is counted from the foot of the remblai; If the facility is not covered in soil, the distance is counted from the exterior wall of the facility.
L. 5111-3
Plants and facilities with or without a call chimney are prohibited within 50 metres of the enclosure walls referred to in Article L. 5111-2.
L. 5111-4
The removal of buildings, wooden fences, tree plantations, fuel or other deposits, existing prior to the establishment's creation within the limits set out in sections L. 5111-2 and L. 5111-3, may be ordered, where they are likely to compromise the security or conservation of the establishments, for compensation defined in accordance with the provisions of the expropriation code for public utility.
In the event that this deletion applies to buildings or establishments referred to in section L. 5111-3, expropriation is carried out because of public utility.
L. 5111-5
If circumstances so require, due to the mutual risks of neighbourhood, the Minister of Defence may, in addition, create by decree a polygon of isolation around each of the establishments referred to in section L. 5111-1, after investigation conducted in accordance with the terms defined in sections L. 11-1 and L. 11-3 of the Code of Expropriation for Public Use.
L. 5111-6
No construction of any kind may be carried out within the isolation polygon without the authorization of the Minister of Defence.
L. 5111-7
The removal of constructions of any kind existing on the date of the institution of the servitudes within the limits of the polygon of isolation can only occur after expropriation made in accordance with the provisions of the code of expropriation because of public utility.
Chapter 2
Coast defence workers
maritime security
L. 5112-1
The electro-semaphorical positions of the national navy and the military stations for the defence of the coast and the safety of navigation, which are subject to the servitudes defined in this chapter, as well as the limits of their field of view, are designated by decree, taken after investigation conducted in accordance with the terms defined in Articles L. 11-1 and L. 11-3 of the Code of Expropriation for public utility.
L. 5112-2
In the scope of the field of view referred to in section L. 5112-1 no construction may be carried out without the authorization of the Minister of Defence.
It is also forbidden to let plantations grow at a height such that the views may be embarrassed.
L. 5112-3
The slaughter or slaughter of the plantations which, on the date of the institution of the servitude provided for in this chapter, are recognized to interfere with the views, may be ordered by the marine prefect with prior compensation.
This allowance is fixed as for expropriation because of public utility.
Chapter 3
Emission centres
and radio reception
L. 5113-1
The rules for the protection of radio programming and reception of the Ministry of Defence are defined by the Post and Electronic Communications Code, Book II, Title II, Chapter 3.
Chapter 4
Other defence facilities
L. 5114-1
Defence facilities, whose security conditions make it necessary for the application of the servitudes defined in this chapter, are designated by decree, taken after investigation conducted in accordance with the terms defined in sections L. 11-1 and L. 11-3 of the Code of Expropriation for public utility.
L. 5114-2
No construction may be carried out without authorization from the Minister of Defence within a radius of two hundred and fifty metres around the facilities referred to in section L. 5114-1.
L. 5114-3
The deletion of constructions of any kind existing on the date of institution of the servitudes within the limits defined in Article L. 5114-2 may only occur after expropriation made in accordance with the provisions of the Code of Expropriation for public utility.
PART II
CONTRAVENTIONS
OF GREAT VIEW
Single Chapter
L. 5121-1
Contraventions to the provisions of this book, as well as breaches of the integrity or conservation of the military public domain, constitute major road traffic offences. They are found by sworn personnel of the Department of Defence's infrastructure services, without prejudice to the skills of judicial officers and police officers.
L. 5121-2
Offenders are left to demolish unduly executed constructions within a time limit set by the military authority and to stop the obstacles mentioned and to restore the state of the premises at their own expense.
PART III
MANAGEMENT AND ADMINISTRATION
This title does not include legislation.
LIVRE II
FINANCIAL AND COMPTABLE PROVISIONS
PART I
PROCEDURES FOR DEFENSES
Chapter 1
Advance funds
L. 5211-1
The provisions relating to the establishment of advance funds made available to the units of the armed forces are defined in section 34 of Act No. 48-1347 of 27 August 1948 establishing the budget of military expenditures for the year 1948 and section 8 of Act No. 55-1046 of 6 August 1955 on the development of the appropriations allocated to the expenses of the overseas ministry of France (military costs) for the years 1955 and 1956.
Chapter 2
Treaties of the National Navy
This chapter does not include legislative provisions.
Chapter 3
Trade accounts
L. 5213-1
The rules relating to the trade account "Industrial operations of State workshops" are set out in Article 25 of Act No. 52-1402 of 30 December 1952, opening provisional appropriations for the month of January 1953.
L. 5213-2
The rules relating to the trade account "Building of the armies of petroleum products" are defined in section 71 of Act No. 84-1208 of 29 December 1984, on the Financial Act for 1985.
PART II
ADMINISTRATION AND COMPTABILITY
TRAINING
This title does not include legislation.
PART III
ADMINISTRATION AND COMPTABILITY OF THE SALES
This title does not include legislation.
PART IV
COMITÉ CONSULTATIF POUR LES QUESTIONS
This title does not include legislation.
LIVRE III
PROVISIONS RELATING TO THE OUTRE-MER
PART I
SPECIAL PROVISIONS
THE DEPARTMENTS OF OUTRE-MER
Single Chapter
L. 5311-1
For the application of this part of the code in overseas departments, the words: "maritime prefect" are replaced by the words: "Government representative for state action at sea".
PART II
SPECIAL PROVISIONS
AT ITS PIERRE-ET-MIQUELON
Single Chapter
L. 5321-1
For the purposes of this part of the code in Saint-Pierre-et-Miquelon, the words: "maritime prefect" are replaced by the words: "Government representative for state action at sea".
PART III
MAYOTTE APPLICABLE PROVISIONS
Single Chapter
L. 5331-1
The provisions of Articles L. 5111-1 to L. 5121-2 and L. 5211-1 to L. 5213-2 are applicable to Mayotte.
L. 5331-2
For the purposes of this part of the code in Mayotte, the words: "maritime prefect" are replaced by the words: "Government representative for state action at sea".
PART IV
APPLICABLE PROVISIONS
IN THE WALLIS AND FUTUNA ISLANDS
Single Chapter
L. 5341-1
The provisions of Articles L. 5111-1 to L. 5121-2 and L. 5211-1 to L. 5213-2 are applicable in the Wallis and Futuna Islands.
L. 5341-2
For the application of this part of the code in the Wallis and Futuna Islands, the words: "maritime prefect" are replaced by the words: "Government representative for state action at sea".
L. 5341-3
For the purposes of the provisions of Article L. 5113-1, reference to the provisions of the Post and Electronic Communications Code is replaced by the reference to Acts No. 49-758 of 9 June 1949 establishing easements in the interest of radio transmissions and No. 49-759 of 9 June 1949 establishing servitudes and obligations in the interest of radio receptions.
L. 5341-4
In the absence of adaptation, the references made, by provisions of this applicable code in the Wallis and Futuna Islands, to provisions that are not applicable therein are replaced by references to the provisions having the same locally applicable object.
PART V
APPLICABLE PROVISIONS
IN FRENCH POLYSIS
Single Chapter
L. 5351-1
The provisions of articles L. 5111-1 to L. 5121-2 and L. 5211-1 to L. 5213-2 are applicable in French Polynesia.
L. 5351-2
For the purposes of this part of the code in French Polynesia, the words: "maritime prefect" are replaced by the words: "Government representative for the action of the State at sea".
L. 5351-3
For the purposes of the provisions of Article L. 5113-1, reference to the provisions of the Post and Electronic Communications Code is replaced by the reference to Acts No. 49-758 of 9 June 1949 establishing easements in the interest of radio transmissions and No. 49-759 of 9 June 1949 establishing servitudes and obligations in the interest of radio receptions.
PART VI
APPLICABLE PROVISIONS
IN NEW CALEDONIA
Single Chapter
L. 5361-1
The provisions of sections L. 5111-1 to L. 5120-2 and L. 5211-1 to L. 5213-2 are applicable in New Caledonia.
L. 5361-2
For the purposes of this part of the code in New Caledonia, the words: "maritime prefect" are replaced by the words: "Government representative for the action of the State at sea".
L. 5361-3
For the purposes of the provisions of Article L. 5113-1, reference to the provisions of the Post and Electronic Communications Code is replaced by the reference to Acts No. 49-758 of 9 June 1949 establishing easements in the interest of radio transmissions and No. 49-759 of 9 June 1949 establishing servitudes and obligations in the interest of radio receptions.
PART VII
PROVISIONS FOR TERMS
FRENCH AND ANTARCTICES
Single Chapter
L. 5371-1
Subject to the provisions of the Antarctic Treaty issued by Decree No. 61-1300 of 30 November 1961, the provisions of Articles L. 5111-1 to L. 5112-3, L. 5114-1 to L. 5121-2 and L. 5211-1 to L. 5213-2 apply to the Southern and Antarctic Lands.
L. 5371-2
For the application of this part of the code to the French Southern and Antarctic Lands, the words: "maritime Prefect" are replaced by the words: "Government Representative for State Action at Sea".
L. 5371-3
In the absence of adaptation, references made, by provisions of this Code applicable to the French Southern and Antarctic Lands, to provisions that are not applicable to them are replaced by references to the provisions having the same locally applicable object.
Done in Paris, 20 December 2004.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
The Minister of Defence,
Michèle Alliot-Marie
