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Decree No. 2014-134 Of 17 February 2014 On The Organisation Of State Services In The Department Of Bouches And The Powers Of The Prefect Of Bouches Police

Original Language Title: Décret n° 2014-134 du 17 février 2014 relatif à l'organisation des services de l'Etat dans le département des Bouches-du-Rhône et aux attributions du préfet de police des Bouches-du-Rhône

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Keywords

PROCEDURES , CODE OF THE DEFENSE , CODE OF PENAL PROCEDURE , CPP , CODE OF THE INTERNATIONAL SECURITY , ECTAT SERVICE , SERVICE DECONCENTRE , POLICE , TERRITORIAL SERVICE , NATIONAL POLICE


JORF n°0041 of 18 February 2014
text No. 17



Decree No. 2014-134 of 17 February 2014 on the organization of State services in the department of Bouches-du-Rhône and the powers of the police chief of Bouches-du-Rhône

NOR: INTA1317248D ELI: https://www.legifrance.gouv.fr/eli/decret/2014/2/17/INTA1317248D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2014/2/17/2014-134/jo/texte


Publics concerned: State services in Bouches-du-Rhône; interlocutors and users of these services.
Purpose: Complete the functions of the Bouches-du-Rhône police chief and place under his authority certain territorial units of the national police.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree completes the powers of the Bouches-du-Rhône police prefect in public order (e.g. traffic and road police, administrative closure of certain institutions, police of demonstrations and rallies, aerodrome police, crime prevention, municipal police officers) and accordingly adapts the organization of the deconcentrated services.
References: this decree and, in their version of these amendments, the texts it amends can be found on the website Légifrance (http://www.legifrance.gouv.fr).
President of the Republic,
On the report of the Prime Minister and the Minister of the Interior,
Vu le Defence code ;
Vu le environmental code ;
Vu le general code of territorial authorities ;
Vu le Code of Criminal Procedure ;
Vu le road code ;
Vu le Public Health Code ;
Considering the code of internal security;
Vu le Sport code ;
Considering the transport code;
Vu le Decree No. 82-452 of 28 May 1982 modified on technical committees of parity;
Vu le Decree No. 95-659 of 9 May 1995 amended on departmental technical committees for the national police services;
Vu le Decree No. 2002-916 of 30 May 2002 amended on General Secretariats for Police Administration;
Vu le Decree No. 2003-952 of 3 October 2003 modified on the organization of Republican security companies;
Vu le Decree No. 2004-374 of 29 April 2004 amended on the powers of prefects, the organization and action of State services in the regions and departments;
Vu le Decree No. 2008-1299 of 11 December 2008 modified creating the Civil Aviation Safety Directorate;
Vu le Decree No. 2011-184 of 15 February 2011 relating to technical committees in government and public institutions of the State, including articles 56 and 57;
Considering the advice of the Technical Committee of the National Police Services of the Bouches-du-Rhône department dated 16 January 2014;
Considering the advice of the Technical Committee on the Bouches-du-Rhône Prefecture of 24 January 2014;
The State Council (inland section) heard;
The Council of Ministers heard,
Decrete:

Article 1 Learn more about this article...


Article 78-3 of the above-mentioned Decree of 29 April 2004 is amended as follows:
1° The second paragraph is replaced by the following:
"He exercises the powers vested in the representative of the State in the department by the articles L. 2213-1, L. 2214-4, L. 2215-1 and L. 2215-3 to L. 2215-5 the general code of territorial authorities and title I of Book V of the Internal Security Code in respect of public order. » ;
2° The last seven paragraphs are replaced by thirteen sub-items as follows:
"He undertakes administrative police missions that contribute to the internal security of the State representative in the department by:
" — titles II and III of Book III of Part III of the Public Health Code and title III of Book II of the Internal Safety Code for Drinking Flows;
“—Chapter I of Book II title I of the Code of Internal Security in respect of demonstrations and gatherings;
“—Chapter III of Title II and title V of Book II of the Code of Internal Security in Video Protection;
" — the title I of Book III of the Code of Internal Security for Weapons and Ammunition;
" — titles I to III of Book VI of the Internal Security Code in respect of private security agents;
“—Chapter II of Book III title III of the Sports Code in the area of safety of sporting events;
" — titles III and IV of Book III of Part VI of the Transportation Code, except for the provisions of Chapter I of Title II of Book I of Part III of the same Code, relating to parking permits issued to taxis, in the matter of airfields, aeronautical installations and airport security;
"—Chapter IV of Book II title II and Chapter V of Title II of Book III of the Highway Traffic Code in respect of suspension, prohibition of the issuance of the driver's, immobilization or furnace of vehicles;
“—Chapter II of Title III of Book I of the Code of Internal Security in Crime Prevention;
“– articles 29-1 of the Code of Criminal Procedure, L. 428-21 and L. 437-13 environmental code concerning the approval of sworn special guards.
“Subject to the provisions of Code of Criminal Procedure in relation to the exercise of the judicial police mission, the Bouches-du-Rhône police prefect shall, as appropriate, ensure the assistance of the judicial police services to the internal security missions.
"By derogation fromarticle 20 of the decree of 29 April 2004 referred to above, the Bouches-du-Rhône police prefect is the secondary officer of the deconcentrated services of the national police of this department under its authority. »

Article 2 Learn more about this article...


Article 78-5 of the same decree is supplemented by three paragraphs as follows:
"Without prejudice to the competence of the prefect of the defence and security zone, the prefect of the region and the prefect of the department, he has functional authority over the heads of the deconcentrated services of the civil administrations of the State with departmental jurisdiction, over the commander of the departmental gendarmerie of the Bouches-du-Rhône and, where appropriate, on the heads of the services mentioned in the last paragraph of Article 18 or of the delegations responsible.
"Without prejudice to the competence of the department's prefect, he has functional authority over the borough sub-prefects of the Bouches-du-Rhône department and, for all administrative police materials provided for in article 78-3, on the services of the Bouches-du-Rhône prefecture.
"Without prejudice to the skills of the prefect of the South defence and security zone, the Bouches-du-Rhône police prefect has, as necessary, the General Secretariat for the area of defence and security. »

Article 3 Learn more about this article...


Article 78-6 of the same decree is amended as follows:
1° The first paragraph is supplemented by the words: ", especially in secondary ordering:";
2° After the third paragraph of the second paragraph, a sub-item is inserted:
“(b) To the borough subprefects; » ;
3° The b of the 2nd becomes c;
4° It is added a d as follows:
"(d) Administrative police officers in the prefecture of the Bouches-du-Rhône department; "

Article 4 Learn more about this article...


In the second paragraph of article R.* 1311-25 of the code of defence, after the words: "prefects of the departments" are inserted the words: "and, in the area of defence and security south, the police prefect of the Bouches-du-Rhône".

Article 5 Learn more about this article...


The Code of Criminal Procedure is amended as follows:
1° In the first paragraph of article D. 234, after the word "prison", the words "or, in the department of Bouches-du-Rhône, by the police chief of Bouches-du-Rhône" are inserted;
2° In the second paragraph of article D. 394, the words: "to the prefectural authority" are replaced by the words: "to the prefect of department or, in the department of Bouches-du-Rhône, to the police prefect of Bouches-du-Rhône";
3° In the second paragraph of article D. 473, after the word "prefect", are inserted the words "or, in the department of Bouches-du-Rhône, of the police prefect of Bouches-du-Rhône".

Article 6 Learn more about this article...


The internal security code is thus modified:
1° In the first paragraph of article D. 122-56, the words "and, in Paris, to the police prefect" are replaced by the words ", in Paris to the police prefect and, in the Bouches-du-Rhône department, to the Bouches-du-Rhône police prefect";
2° Section D. 122-57 is replaced by the following provisions:
"Art. D. 122-57. - The departmental security committee is chaired jointly by the department prefect and by the prosecutor of the Republic at the Grand Instance Court.
"The department prefect is replaced in Paris by the police prefect and, in the Bouches-du-Rhône department, by the Bouches-du-Rhône police prefect. » ;
3° In chapter II of Book I title III, a section 7 is created as follows:


“Section 7



"Special provisions in the Bouches-du-Rhône department


"Art. D. 132-16. - The missions carried out by the Prefect under sections 2, 3, 4 and 5 of this chapter are carried out in the Bouches-du-Rhône department by the Bouches-du-Rhône police chief. » ;
4° In R. 211-9, the second paragraph is replaced by the following two paragraphs:
"In the Bouches-du-Rhône department, these skills are exercised by the Bouches-du-Rhône police chief.
"The required statement by the organizer of the gathering must be made with these authorities. » ;
5° The article R. 411-9 is supplemented by the words: ", and, in the department of Bouches-du-Rhône, by the police chief of Bouches-du-Rhône. »

Article 7 Learn more about this article...


After Article 10-1 of the above-mentioned Decree of 9 May 1995, an article 10-2 is inserted as follows:
"Art. 10-2. - In articles 1st, 3, 5 and 10, the missions carried out by the department prefect are carried out, in the department of Bouches-du-Rhône, by the police chief of Bouches-du-Rhône. »

Article 8 Learn more about this article...


Article 4 of the decree of 30 May 2002 referred to above, after the word "affected", are inserted the words: "and, in the area of defense and security of the South, the police officer of the Bouches-du-Rhône".

Article 9 Learn more about this article...


In the second and third paragraphs of Article 4 of the decree of October 3, 2003 referred to above, after the words "prefects of department", are inserted the words "or, in the department of Bouches-du-Rhône, the police prefect of Bouches-du-Rhône".

Article 10 Learn more about this article...


In article 6 of the decree of 11 December 2008 referred to above, the words "or the department prefect" are replaced by the words ", from the department prefect or, in the department of Bouches-du-Rhône, from the police prefect of Bouches-du-Rhône".

Article 11 Learn more about this article...


The provisions created or amended by the 4th and 5th of Article 6 and by articles 7 and 8 may be amended by decree in the Council of State.
The provisions amended by Article 5, 1°, 2° and 3° of Article 6 and Article 9 may be amended by decree.

Article 12 Learn more about this article...


The Prime Minister, the Guard of Seals, Minister of Justice, and the Minister of the Interior are responsible, each with respect to him, for the application of this Order, which will be published in the Official Journal of the French Republic.


Done on 17 February 2014.


François Hollande


By the President of the Republic:


The Prime Minister,

Jean-Marc Ayrault

The Minister of the Interior,

Manuel Valls

The guard of the seals,

Minister of Justice,

Christiane Taubira


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