Key Benefits:
Minister of Defence,
Vu le Defence codeincluding articles R. 5131-1 and following;
Considering the general code of public ownership;
Vu la Act No. 2008-1425 of 27 December 2008 2009;
Vu le Decree No. 2009-1179 of 5 October 2009 Amending the authority and organization of the General Secretariat for the administration of the Ministry of Defence;
In view of the Order of 29 November 2010 establishing and organizing the bases of defence and establishing the powers of the commanders of defence bases,
Stop it!
Military authorities commanding the bases mentioned to theArticle R. 5131-3 of the Defence Code are the commanders of defence bases provided for in the above-mentioned Order of November 29, 2010.
The Minister of Defence shall delegate powers to the Basic Defence Commanders to sign the conventions of use referred to in sections R. 2313-1 et seq. and R. 4121-2 of the General Code of Public Property except:
1° Conventions of use referred to in the second paragraph of Article R. 2313-3 of the General Code of Ownership of Public Persons;
2° Use agreements relating to property located in Ile-de-France.
The Minister of Defence shall delegate powers to the Basic Defence Commanders to exercise the powers and take the acts mentioned in the table annexed to this Order, within the limits set out in this table.
For the purposes of the limits set out in the annex, the value retained corresponds to the valuation of real property in the State's heritage accounting.
When the basic defence commander delegates his signature, under the conditions provided for in article R. 5131-5 of the defence code, the signature delegation decision is published by inserting the administrative acts of the training into the advertising register.
Excluded from the delegation referred to in Article 2 are the acts relating to the following buildings and operations:
1° Places of remembrance, including necropolises, and historical monuments under the responsibility of the Ministry of Defence;
2° Federal buildingssection 67 of the Act of 27 December 2008 referred to above ;
3° Buildings that are subject to a free assignment, occupation or transfer of management;
4° The referral of the domains administration for the exchange of property or property rights provided for in articles R. 1111-1 and R. 1111-2 of the general code of public property;
5° The referral of the domain administration for private domain rentals for a period of more than eighteen years pursuant to article R. 2222-4 of the general code of public property;
6° The issuance of temporary occupancy authorizations and agreements of any kind relating to the military public domain provided for in sections L. 2122-1 to L. 2122-14 of the general code of ownership of public persons, granted under an international arms market or agreement providing for the provision of premises or lands of the Ministry of Defence to the holder;
7° The conduct of negotiations for the alienation of dubious buildings recognized as unnecessary in the Ministry of Defence pursuant to article R. 3211-26 of the general code of public property;
8° The issuance of permits for temporary occupation constitutives of real law of the military public domain provided for in article L. 2122-15 of the general code of ownership of public persons;
9° The seizure of the administration in charge of the areas for the lease of the units conceded by absolute necessity of service or by precarious occupancy agreement with restraint, by the general direction of the armament;
10° The referral of the administration responsible for the lease of housing in Ile-de-France;
11° Acts relating to real property and property rights for buildings in the services of the central administration and external agencies of the General Directorate for Arming and the General Secretariat for Administration listed in the list provided for in thearticle 31 of the decree of 5 October 2009 referred to above.
This Order will be published in the Official Journal of the French Republic and will enter into force on the first day of the month following its publication.
A N N E X E
| 1 | Seizure of the administration in charge of the domains for the acquisition of buildings or a change of use to increase the military domain of real estate or real estate rights, and assistance of the administration in charge of the domains during the passing of the act. | Veal value less than 300,000 € | Veal value less than 150,000 € | Veal value less than 50,000 € |
| 2 | Declaration of use and act of decommissioning, in view of the operations mentioned in the 3°, of buildings dependent on the military public domain with the exception of those classified by decree or by decree. | Veal value less than 300,000 € | Veal value less than 150,000 € | Veal value less than 50,000 € |
| 3 | Seizure of the administration in charge of the domains for the alienation or a change in the use of unemployed buildings or real estate rights to reduce the public or private domain of the State whose Ministry of Defence is a user. | Veal value less than 300,000 € | Veal value less than 150,000 € | Veal value less than 50,000 € |
| 4 | Seizure of the administration in charge of domains for the lease of private buildings. | Annual total rent less than or equal to €50,000 | Annual total rent less than or equal to €50,000 | Annual total rent less than or equal to €30,000 |
| 5 | Receipt of applications and issuance of temporary occupancy authorizations (AOT) and agreements of any kind of the military public domain for the benefit of legal or physical persons of public or private law provided for in articles R. 2122-1 to R. 2122-8 of the general code of public ownership. | Annual allowance less than € 50,000 | Annual allowance less than € 50,000 | Annual allowance less than € 50,000 |
| 6 | Receipt of applications and issuance of titles of occupancy constituting real law on the military public domain provided for in articles R. 2122-9 and following of the general code of ownership of public persons. | Annual allowance less than € 50,000 | Annual allowance less than € 50,000 | Annual allowance less than € 50,000 |
| 7 | Seizure of the administration responsible for the rental of private military buildings. | Annual total rent less than or equal to €50,000 | Annual total rent less than or equal to €50,000 | Annual total rent less than or equal to €30,000 |
| 8 | Management conventions defined in articles L. 2123-2 and L. 2222-10 of the General Code of Public Property for the Conservation, Protection or Development of Heritage. | Without limitation | Without limitation | Without limitation |
| 9 | Transfers to manage a building of the military public domain under sections L. 2123-3 to L. 2123-6 of the general code of public property. | Without limitation | Without limitation | Without limitation |
Done on 27 December 2012.
Jean-Yves Le Drian
