Key Benefits:
Public concerned: staff, departments and services of the Ministry of Defence; administrations.
Subject: amendment to the regulations of the garrison service.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree amends the regulations of the garrison service in order to take into account the reform of the territorial defence organization, the powers of the territorial organic commands and the basic defence commanders and to draw the consequences on the role of the arms commander. The decree thus repeals the Decree No. 2004-1102 of 15 October 2004 regulation of the garrison service. It also updates them Defence Code regulations in coherence with Decree No. 2014-1537 of 19 December 2014 on the development and implementation of the human resources policy of the Ministry of Defence, Decree No. 2015-4 of 2 January 2015 establishing the responsibilities and organization of the general direction of international relations and strategy and Decree No. 2010-224 of 4 March 2010 the powers of the defence and security zone prefects.
References: this decree, the provisions of Defence code and the decrees that it amends can be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
President of the Republic,
On the report of the Prime Minister and the Minister of Defence,
Vu le Defence code ;
Vu le Decree No. 91-893 of 9 September 1991 amended allowing certain local authorities, delegated authority of the Minister, to delegate their signature in respect of individual decisions concerning military personnel;
Vu le Decree No. 2005-796 of 15 July 2005 General Military Discipline;
Vu le Decree No. 2009-1178 of 5 October 2009 amended to organize the central administration of the Ministry of Defence;
Vu le Decree No. 2010-224 of 4 March 2010 the powers of the defence and security zone prefects;
Vu le Decree No. 2015-81 of 29 January 2015 concerning the territorial organization of the defence;
Vu le Decree No. 2015-211 of 25 February 2015 on the organization of defence support and reform of the territorial organic command,
Decrete:
The garrison is the territory in which the joint activities of the armed forces formations and establishments, as well as related trainings related to the garrison service, as defined in section 2, are coordinated by an arms commander.
For the purposes of this decree, the armed forces include armed forces, joint support services and the national gendarmerie; the related trainings include the General Directorate of Arming, the Military Justice Service, as well as the trainings and facilities of the General Secretariat for Administration.
The limits of the garrison are set by the Chief of Staff of the Armed Forces who may delegate his signature to the subordinate authorities.
In the event of disagreement by an authority not falling within the Chief of Staff of the Armed Forces, the decision is taken by the Minister of Defence.
When on a territorial area are only formations of the national gendarmerie, the creation of a garrison is not mandatory.
The garrison receives the name of the most important urban centre within its limits.
The garrison service, headed by an arms commander, is intended to:
1° To establish and enforce the rules of procedure of the garrison service that define the common rules of conduct and those that allow for the coordination of current service activities, in particular:
(a) The rules of general discipline in the armies to be observed by the soldiers wearing uniform and circulating in isolation in the garrison outside the military premises;
(b) The distribution of the units and institutions of the use of common property, subject to the powers vested in the basic defence commanders, if no other procedure provides for the terms and conditions of their distribution;
(c) Participation in loads, bonds and servitudes in all trainings and facilities of the garrison.
The designation of the personnel to be provided to assist the garrison service is the responsibility of the training commander or the chief of establishment in which such personnel are served.
2° To settle, in liaison with the departmental military delegate of the department in which the garrison is stationed, military participation in ceremonies organized by a public authority of the garrison.
In this context, the commander of arms ensures relations with the local civilian authorities of the garrison.
Subject to the exceptions mentioned in sections 4 and 5, the commander of arms is the officer or, failing that, the non-commissioned officer or marine officer of the oldest garrison in the highest grade.
He is appointed by the Chief of Staff of the Armed Forces who may delegate his signature to the subordinate authorities.
In the event of disagreement by an authority not falling within the Chief of Staff of the Armed Forces, the decision is taken by the Minister of Defence.
I. - General defence and security zone officers and maritime borough commanders are commanders of arms at the headquarters of their area of defence and security or borough.
II. - Where applicable, the general defence and security zone officers also carry out joint commands or an organic or operational command of their army, including one of those provided for in the articles R. 3222-5, R. 3223-46 and R. 3224-6 Defense code.
III. - The general officers of the army of land commanders of arms of the garrisons of Lille, Lyon, Marseille, Metz, Nancy, Paris and Strasbourg respectively bear the title of military governor of Lille, Lyon, Marseille, Metz, Nancy, Paris and Strasbourg.
When the position of commander of arms of one of the above-mentioned garrisons cannot be exercised by an officer of the Army, the title of military governor is assigned by the Minister of Defence to a general officer of the Navy, the Air Force or a joint support service, on the proposal of the Chief of Staff of the Armed Forces.
When this title cannot be attributed to a general officer of the Army of Land, Navy, Air Force or Joint Support Service, it is assigned by the Minister of Defence to a general officer of the General Directorate of Arms, on a joint proposal by the Chief of Staff of the Armed Forces and the General Delegate for Arming.
In the cases provided for in the second and third preambular paragraph, the title of military governor may be distinct from the position of arms commander.
Can only be called upon to assume the functions of commander of arms if any other officer in the position of activity is not:
1° Officers of the Departmental Gendarmerie or specialized training of the National Gendarmerie;
2° Officers of the affiliated formations referred to in Article 1;
3° Officers of the military health service;
4° Non-statusal officers to receive command;
5° Officers holding a letter of command at the sea.
The appointment of these officers is decided by the Minister of Defence.
I. - The commander of arms may delegate his signature to one or more officers or general officers of the garrison who receive the name of commanders of arms delegated.
The civilian and military authorities of the garrison should be informed of those delegations.
II. - Training or establishments under the armed forces or related formations stationed or placed in a garrison may be divided into several islets.
When a garrison includes several islets, the commander of arms sets the geographical limits after agreement of the authorities responsible for the formations concerned. It means the military commanders of the islet.
In the event of disagreement, the decision falls to the Chief of Staff of the Armed Forces, on the proposal of the commander of arms.
The commander of arms may delegate his signature to the military commander of the islet under the same conditions as those established for the commander of arms delegated.
The commander of arms is subordinate, with respect to the execution of the garrison service, to the Chief of Staff of the Armed Forces or to the Commander of the Gendarmerie Region.
In each garrison, a garrison officer is designated to ensure, under the authority of the arms commander, the operation of the service.
He is the executing and controlling officer of the commander of arms for everything related to the garrison service.
The commander of arms designates the garrison officer among the officers, non-commissioned officers or marine officers placed directly and organically under his orders.
In the large garrison, the garrison officer is a senior officer designated by the arms commander. He takes the title of garrison major.
For the Paris garrison, the commander of arms, in addition to the military governor of Paris, has, for the performance of the garrison service, a delegated commander of arms assisted by superior officers belonging to the armed forces or related formations, appointed by the Chief of Staff of the Armed Forces and performing, for all matters concerning the personnel of each of these armed forces and associated formations, the functions of garrison majors.
In any garrison with a medical centre of the armed forces or a medical office of the medical centre of the armed forces, the functions of the head doctor of the garrison are performed by the doctor commanding the medical centre of the armed forces or the deputy doctor responsible for the medical antenna located in the garrison concerned. This doctor is also the medical advisor to the commander of arms.
In the garrisons with no medical centre or medical antenna of the medical centre of the armed forces, the functions of medical advisor to the commander of arms may be provided by a medical doctor designated for this purpose by the head of the territorially competent health service.
Participate in garrison service:
1° The training and establishments of the garrison, excluding the brigade of firefighters of Paris, the battalion of sailors and firefighters of Marseilles and certain trainings provided by decision of the Minister of Defence because of their missions;
2° Members in active service, who hold a position under the Minister of Defence or make a reserve period in that department, except:
(a) Military personnel who may, if any, perform functions as a islet commander;
(b) Military personnel of the military justice service;
(c) Military personnel assigned to the service of the military essences;
(d) Non-commissioned officers and marine officers security inspectors.
The military doctors, the pharmacists of the armed forces, the veterinarians of the armies, the surgeon-dentists of the armies, and the nursing and hospital technicians of the armies are part of the personnel who participate in the garrison service, in the strict field of service under their exclusive professional competence.
The trainings of the Departmental Gendarmerie and the specialized Gendarmerie only participate in the garrison service as part of the execution of their special service.
The trainings of the mobile gendarmerie and the Republican Guard participate in the garrison service to the extent that their other obligations allow it and subject to the fact that they remain available to ensure the special missions in their duties.
Weapons commanders may, in an exceptional and limited time, take immediate action to respond to an emergency situation, pending guidance from the authorities of the joint territorial defence organisation and subject to their own powers.
They exercise the following responsibilities:
1° Maintenance of certain facilities of common interest:
According to the principles mentioned in Article 11, the commander of arms organizes the guard service of certain facilities of common interest that do not have the necessary personnel.
2° Piquet :
A certain number of the garrison can be maintained in its training for unannounced services or in the fight against calamities. The staff thus maintained available takes the name of a picket. The service duration is, in principle, twenty-four hours.
The commander of arms can exceptionally decide that a picket must be held ready to intervene continuously; It then distributes this service, which must be reduced to a minimum, between the troops of the garrison and, where appropriate, makes all arrangements for its rapid transport.
3° Consigne des troops dans les casernements :
The commander of arms may record the troops in their lockings; it prescribes the necessary measures relating to military personnel housed in the city: it shall report to the military authority under section 7; Without the absolute necessity, the troops cannot, without the authorization of this authority, be recorded more than twenty-four hours.
4° Competition for the execution of urgent, rescue or rescue work:
Regardless of where the armed forces and related formations may be legally required, the training of a garrison may be required to provide the assistance of supervised units for the execution of urgent, rescue or rescue work.
Upon the order of the commander of arms, officers, non-commissioned officers and marine officers may be designated for the visit of personnel of the armed forces or trainings attached to the hospital.
According to the instructions of the commander of arms, officers may be appointed for the periodic visit of personnel of the armed forces or related training held in correctional institutions.
The safety of exercises and movements throughout the territory of the Republic is ensured within the framework established by thearticle 20 of the decree of 15 July 2005 referred to above.
In this context, the military can carry individual weapons with ammunition.
In article D. 1681-10 of the Defence Code, the words: "defined by the Decree No. 2004-1102 of 15 October 2004 carrying regulations for the garrison service » are deleted.
Article D. 3121-24 of the Defence Code is amended as follows:
1° II is replaced by the following:
"II.-For the Assistant Chief of Staff plans: the responsibilities under section 3 of R. * 3121-2, section D. 3121-9, excluding the sixth paragraph of II, and the 8th and 9th of section D. 3121-14. » ;
2° The III is replaced by the following:
"III.-For the Assistant Chief of Staff "performance": the responsibilities under 1°, 2° and 5° of Article R. * 3121-2, Article D. 3121-10, Article D. 3121-11 excluding 1° of I, and Articles D. 3121-13, D. 3121-15, D. 3121-16, D. 3121-17 and D. 3121-17. »
In the first paragraph of Article D. 5131-12 of the Defence Code, the word "region" is replaced by the word "area".
Article 1 of the aforementioned decree of 9 September 1991 is amended as follows:
1° In the second paragraph, the word "region" is replaced by the word "zone";
2° In the fifth paragraph, the words: "Specialized Air Force Commanders" are deleted;
3° In the sixth paragraph, the words "aerial region" are replaced by the words "administrative training of the air force".
The above-mentioned decree of 5 October 2009 is amended:
1° At 2° of Article 2, the b is repealed;
2° Section 3, II, is replaced by the following provisions:
“(i) Sub-direction of human and financial resources management; "
The first paragraph of Article D. 2362-3 of the Defence Code is amended as follows:
1° Between the words: "in Saint-Martin" and the words: "the commanding officer of the air defence" are inserted the words: ", the general officers of the area of defence and security,"
2° Between the words: "under their command" and the words: ", the location and limits of protected areas" are inserted the words: "or their area of responsibility".
I.-Aux articles D. 1211-5, D. 1313-1, D. 1313-12, D. 1313-13, D. 1321-7 and D. 1321-8 of the Defence Code, after the words "defence zone", are inserted the words "and security".
II.-Articles D. 1211-5 and D. 1334-14 of the Defence Code are thus amended: after the words "defence zones" are inserted the words "and security".
III.-Aux articles D. 1313-1, D. 1313-2, D. 1313-4, D. 1313-11 and D. 1313-12 of the Defence Code, after the words "area prefect", are inserted the words "of defence and security".
IV.-Aux articles D. 1641-6, D. 1651-7, and D. 1661-7 of the defence code, the words: "area and security prefect" are replaced by the words: "defendant and security zone prefect".
Article D. 1211-5 of the Defence Code is amended as follows:
1° The first paragraph is replaced by the following:
"In each of the areas of defence and security, the Joint Defence and Security Zone Committee, chaired by the General Defence and Security Zone Officer, is responsible for studying:"
2° At 1°, after the words "defence zone" are inserted the words "and security".
Are repealed:
1° The decree of 18 August 1920 reorganizing the establishments and commands of artillery;
2° The decree of 22 January 1985, reorganizing the battalion of the sedentary canoners of Lille;
3° The Decree No. 2004-1102 of 15 October 2004 regulating the garrison service;
4° The Decree No. 2011-101 of 25 January 2011 Military Governors.
The Prime Minister and the Minister of Defence are responsible for the implementation of this Order, which will be published in the Official Journal of the French Republic.
Done on February 25, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister of Defence,
Jean-Yves Le Drian
