Key Benefits:
Public concerned: military of the operational reserve and the citizen reserve.
Subject: amendment of the provisions of Defence code related to the Military Reserve Council (MRC).
Entry into force: the text comes into force on the day after its publication.
Notice: The purpose of this decree is to streamline the composition and operation of the High Council of the Military Reserve. He revitalizes the representation of the reservists, takes into account the particularities of the National Gendarmerie and creates a new organization of the CSRM by allowing him to sit in the Plenary Assembly, in the Committee of Consultation, in the Committee of Partnership, in the Committee for the Promotion of the Defence Spirit or in restricted Council.
References: Title VI of Book II of Part 4 of the Defence Code Regulatory Part, sections D. 4261-1 to D. 4261-25. This decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Defence,
Vu le Defence codeincluding Part 4,
Decrete:
In Book II of Part 4 of the Defence Code Regulatory Part, Title VI is replaced by the following:
« TITRE VI
« ADVICE OF THE MILITARY BOOK
« Single Chapter
“Section 1
“Mission
"Art. D. 4261-1.-The High Council of the Military Reserve shall:
« 1° To participate in reflection on the role of military reserves in the defence and national security service;
« 2° To establish a place of consultation and exchange on any general issues relating to the implementation of this book;
« 3° To promote the development of a sustainable partnership between the armies and affiliated formations, the reservists and their employers;
« 4° To contribute to the promotion of the defence spirit and to the development of the link between the nation and its armed forces;
« 5° To prepare for the Minister of Defence an annual report, forwarded to Parliament, assessing the status of the military reserve.
“Section 2
“ Composition and organization
"Art. D. 4261-2.-The High Council of the Military Reserve is chaired by the Minister of Defence or his representative.
"There are seventy-nine members in the following seven colleges:
« 1° The College of Representatives of Parliament, composed of four members:
“(a) Two deputies appointed by the President of the National Assembly;
“(b) Two senators appointed by the Speaker of the Senate.
« 2° The College of Administration Representatives composed of sixteen members:
“(a) The Chief of Staff of the Armed Forces or his representative;
“(b) The General Delegate for Arms or his representative;
"(c) The Secretary General for Administration or his representative;
"(d) The chiefs of the army, the navy, the air force or their representatives;
“e) The Director General of the National Gendarmerie or his representative;
“(f) The chief of the general control of the armies or his representative;
“(g) The Central Director of the Armed Health Service or his representative;
“(h) The central director of the service of the armed essences or his representative;
“(i) The Director of Human Resources of the Ministry of Defence or his representative;
“j) The Central Director of the Office of the Armed Police Station or his representative;
“(k) Two General Defence and Security Officers, or their representatives, appointed by the Chief of Staff of the Armed Forces;
"(l) Two commanders of the gendarmerie region, or their representatives, appointed by the Director General of the National Gendarmerie;
« 3° The College of Reservists Association Representatives accredited by the Minister of Defence on the proposal of the attached armed forces and formations, composed of thirteen members, appointed by the Minister of Defence on the proposal of reservists associations;
« 4° The College of Operational Reservists composed of fourteen members:
“(a) Five operational reservists of the National Gendarmerie designated by the Director General of the National Gendarmerie among the reservists who reported volunteering;
“(b) Three operational reservists of the army of land drawn to fate among the members of the consultation body on the reserves of the army of land that reported volunteering;
"(c) Two operational reservists of the national navy drawn by lot among the members of the consultation body on the reserves of the national navy who reported volunteering;
"(d) Two operational reservists of the air force drawn by lot among the members of the air force consultation proceeding that reported volunteering;
“e) An operational reservist of the armed health service drawn by lot among the members of the consultation body on the reserves of the health service of the armies who reported volunteering;
“(f) An operational reservist of the General Directorate of Arms drawn by lot among the members of the consultation body of the General Directorate of Armament who reported volunteering.
"A minimum representation of a member of each category, officers, non-commissioned officers, military officers, is provided by the Director General of the National Gendarmerie.
"A representation of a member of each category, officers, non-commissioned officers, military officers, is provided by the Chief of Staff of the Army of Land by means of a class draw.
"Operating reservists in c and d include two different categories of officers, non-commissioned officers and military officers, respectively, by the Chiefs of the Marine and Air Force Staff in the following manner:
" – a first draw of lots determines the first member of one of the three categories;
“—a second draw of lots is made among the other two unsupplied categories;
« 5° The College of Citizen Reservists composed of four members:
“(a) A Citizen Reservist of the Army of Land designated by the Chief of Staff of the Army of Land;
“(b) A national marine reservist designated by the Chief of the Navy Staff;
"(c) A citizen reserve of the Air Force designated by the Chief of Staff of the Air Force;
"(d) A Citizen Reservist of the National Gendarmerie designated by the Director General of the National Gendarmerie;
« 6° The College of Employees and Public Officials composed of fourteen members;
« 7° The College of Employers and Professions composed of fourteen members, including at least one representative of the doctors' order.
"Art. D. 4261-3.-The members who hold the Superior Council, and their alternates, of the colleges provided for in 3°, 6° and 7° of section D. 4261-2 shall be appointed by order of the Minister of Defence.
"Art. D. 4261-4.-Deputies and senators, as well as their alternates, shall be appointed for the duration of their parliamentary mandate.
"The other members, except those representing the administration, are appointed for a renewable three-year term.
"The member who loses the quality under which he was designated shall cease to be a member of the Superior Council. He is replaced within three months of the end of his duties.
"In the event of a replacement of a member, the term of office of the new member expires on the end of the current term.
"Art. D. 4261-5.- Alternate members shall be appointed in equal number and under the same conditions as the incumbent members.
"The incumbent member referred to in the previous paragraph, resigning or deceased, shall be replaced by his alternate until the end of the current term.
"Art. D. 4261-6.-The High Council of the Military Reserve shall sit in plenary or restricted assembly.
"Subsection 1
"The Plenary Assembly
"Art. D. 4261-7.-The plenary meeting is composed of all members of the High Council of the Military Reserve.
"The Minister of Defence and the Secretary General of the High Council may request the participation, with an advisory voice, of any person whose assistance may be useful to the work of the Plenary Assembly.
"Subsection 2
"The Council restricted
"Art. D. 4261-8.-The restricted board shall consist of twenty and one members, appointed from the members of the higher council, their representatives or their alternates:
« 1° A member and a senator, representing the College of Representatives of Parliament, appointed by the President of their respective Assembly.
« 2° Six representatives of the College of Administration Representatives:
“(a) The Chief of Staff of the Armed Forces or his representative;
“(b) The General Delegate for Arms or his representative;
"(c) The Secretary General for Administration or his representative;
"(d) Two Chiefs of Military Staff or Central Joint Service Directors appointed by the Chief of Staff or their representatives;
“e) The Director General of the National Gendarmerie or his representative.
« 3° Four representatives of the College of Reservist Associations of the 3rd of Article D. 4261-2;
« 4° Two representatives of the College of Operational Reserves of the 4th of Article D. 4261-2;
« 5° A representative of the College of Citizen Reserves of the 5th of Article D. 4261-2;
« 6° Three representatives of the College of Employees and Public Officials of the 6th of Article D. 4261-2, including at least one representative of trade unions or unions of officials representative of public functions;
« 7° Three representatives of the College of Employers and Professions of the 7th of Article D. 4261-2.
"The members mentioned in 3°, 4°, 5°, 6° and 7° are appointed by order of the Minister of Defence, on the proposal of each college proceeding by election.
"The elections take place immediately after the renewal of the Superior Council. The term of office begins upon publication of the appointment order and ceases upon publication of the following appointment order.
"The Minister of Defence and the Secretary General of the High Council may request the participation, with an advisory voice, of any person whose assistance may be useful to the work of the restricted council.
"Art. D. 4261-9.-The general control of the armies is informed of meetings of the restricted council, to which one of its members may attend.
"Subsection 3
“The commissions
"Art. D. 4261-10.-The members of the colleges defined in Article D. 4261-2 shall sit in one or more of the commissions of the High Council of the Military Reserve. These commissions are:
« 1° The consultation committee;
« 2° The Partnership Commission;
« 3° The commission of the promotion of the defence spirit.
"The members of these commissions are appointed by the Secretary-General of the High Council on the proposal of the Council restricted among the voluntary members of the High Council of the Military Reserve.
"The Minister of Defence and the Secretary General of the High Council may request the participation, with an advisory voice, of any person whose assistance may be useful to the work of one of these committees.
"Subsection 4
“Working groups
"Art. D. 4261-11.-The Secretary General of the High Council may establish working groups to examine specific issues.
"These working groups are established for a maximum of six months. They include designated personalities because of their expertise in the area under review. These personalities may be chosen outside the Superior Council, with the agreement of the Secretary General.
"The heads of the working groups are appointed by the Secretary General of the Higher Council.
“Section 3
“Operation and powers
"Art. D. 4261-12.-The deliberations of the plenary assembly, the restricted council, the consultation committee, the partnership committee, the defence spirit promotion committee and working groups are not public.
"A member, or any person called to participate in the sessions and proceedings of the Superior Council, shall be subject to the discretionary obligation for all facts and documents of which he or she is aware in that capacity or in that context.
"Art. D. 4261-13.-The rules of procedure of the High Council of the Military Reserve shall be determined by order of the Minister of Defence.
"Subsection 1
"The Plenary Assembly
"Art. D. 4261-14.-The plenary meeting shall meet at least once a year on the convocation of the President or within three months at the written request of the majority of the members. In the second case, the Chairperson may decide to refer the subject matter of the application to the examination of the restricted board, a committee or a working group.
"Art. D. 4261-15.-The agenda of the plenary meeting is fixed by its President on the proposal of the restricted council.
"Without urgency, it is sent to the interested parties at least one month before the date of the meeting. Requests for advice from the Minister of Defence are prioritized on the agenda.
"Art. D. 4261-16.-The Plenary Assembly shall deliberate validly on the agenda, regardless of the number of members present.
"It issues opinions or recommendations, adopted by a majority of votes cast.
"A report is prepared after each session of the plenary meeting.
"It is transmitted within fifteen days to the members of the Superior Council. There are references to different votes or opinions. This record is signed by the authority that presided over the session and contravened by the Secretary General or his deputy.
"Subsection 2
"The Council restricted
"Art. D. 4261-17.-The restricted board:
« 1° Prepare the work of the plenary assembly;
« 2° Approves the draft annual report evaluating the status of the military reserve, prepared by the Secretary-General;
« 3° Defines and coordinates the actions of the consultation committee, the partnership committee, the defence advocacy committee and working groups;
« 4° Propose to the Minister of Defence the theme of the National Reserve Day.
"Art. D. 4261-18.-The restricted council shall meet at least twice a year on the convocation of its president. The Council shall determine its agenda, which shall be sent to the members of that Council at least 15 days before the date of the meeting.
"The restricted board is validly deliberating if at least half of its members are present.
"He issues proposals, adopted by a majority of the votes cast.
"A report is prepared after each session, signed by the authority that presided over the session and circulated under the same conditions as for the plenary meeting.
"Art. D. 4261-19.-The Director of Human Resources of the Ministry of Defence or his representative may participate, with an advisory voice, in the work of the restricted council.
"Subsection 3
"The Consultation Commission, the Partnership Commission
and the Commission for the Promotion of the Defence Spirit
"Art. D. 4261-20.-The consultation commission, partnership commission and defence promotion commission are chaired by the Secretary General of the High Council of the Military Reserve or his representative. They shall prepare, on matters submitted to them by the Secretary-General of the High Council of the Military Reserve or his representative either a draft report and opinion or a draft opinion alone.
"The draft reports or notices transmitted by these commissions to the plenary or restricted council shall refer to the differing votes or opinions within them.
"A report is prepared after each session, signed by the authority that presided over the session and circulated under the same conditions as for the plenary meeting.
"Subsection 4
“The General Secretariat
"Art. D. 4261-21.-The Secretary General of the High Council of the Military Reserve may be assigned by the Minister of Defence of any mission in the field of the military reserve, excluding the operational use of military reserves. He may represent the Minister of Defence to reservist associations. He is the coordinator of the Citizen Reserve and in this capacity responsible for ensuring the coherence of policies in this area.
"It ensures the development of the partnership between the armed forces and the associated formations, the reservists and the companies. As such, it establishes and monitors the reserve policy support agreements in conjunction with the territorial Joint Commands. He informs the military headquarters and the general management of the national gendarmerie.
"He chairs the reserve-enterprise liaison committee whose organization and operation are specified by order of the Minister of Defence.
"He directs the General Secretariat of the High Council of the Military Reserve.
"Art. D. 4261-22.-The Secretary General of the High Council and his Deputy shall be appointed by order of the Minister of Defence.
"They perform their duties full-time. The Secretary-General may be replaced by his deputy.
"Art. O.C. 4261-23.-The General Secretariat of the Higher Council shall be responsible for the operation of all courses of the Higher Council.
"He receives the proposals for inclusion on the agenda of the plenary, commissions or restricted board, ensures that they fall within the purview of the Superior Council and submit them to the chair of the session concerned.
"The General Secretariat is responsible for the organization and conduct of meetings of the Plenary Assembly, the Committees and the restricted Council, the preparation of the minutes and the dissemination of the minutes to the members concerned.
"It maintains and makes available to each member any documentation and information on matters within the competence of the Superior Council.
"The Minister may delegate his signature to the Secretary General for the operation of the Military Reserve High Council.
"Art. D. 4261-24.-The organization and operation of the General Secretariat of the Military Reserve Council shall be determined by order of the Minister of Defence. »
The Minister of Defence is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 14 February 2014.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Defence,
Jean-Yves Le Drian
