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Decree No. 2015 - 1861 December 30, 2015, Amending Decree No. 2007-640 Of 30 April 2007 Laying Down The Conditions And The Method Of Payment Of The Costs Of Changes In Residence Of The Military On The Metropolitan Territory...

Original Language Title: Décret n° 2015-1861 du 30 décembre 2015 modifiant le décret n° 2007-640 du 30 avril 2007 fixant les conditions et les modalités de règlement des frais occasionnés par les changements de résidence des militaires sur le territoire métropolita...

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Keywords

DEFENSE , ARMEE , MILITARY , ARMEE DE TERRE , NATIONAL MARINE , ARMEE OF AIR , MILITARY PERSONNEL , TREATMENT , CHANGEMENT OF RESIDENCE , DEPLACEMENT , TEMPORARY DEPLACEMENT , REMUNERATION , INDEMNITY ,


JORF no.0303 of 31 December 2015
text No. 109



Decree No. 2015-1861 of 30 December 2015 amending Decree No. 2007-640 of 30 April 2007 setting out the conditions and conditions for the payment of costs caused by changes in residence of the military in the metropolitan territory of France

NOR: DEFH1529447D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/12/30/DEFH1529447D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2015/12/30/2015-1861/jo/texte


Public concerned: military personnel moving overseas or abroad.
Subject: regime for the change of residence of military personnel overseas and abroad.
Entry into force: the text comes into force on January 1, 2016.
Notice: The purpose of the Order in Council is to include in Order in Council No. 2007-640 of 30 April 2007 the openings of rights and the method of calculating the costs of change of residence overseas and abroad of the military under the authority of the Minister of Defence.
References: the provisions of Decree No. 2007-640 of 30 April 2007 setting out the conditions and procedures for the payment of costs caused by changes in the residence of the military in the metropolitan territory of France as amended by this decree may be consulted, in their drafting, on the site Légifrance (http://www.legifrance.gouv.fr).


The Prime Minister,
On the report of the Minister of Defence, the Minister of Finance and Public Accounts and the Minister of Decentralization and the Public Service,
Having regard to the Constitution, including articles 37-1 and 72-3;
Considering the code of defence;
In light of the amended Decree No. 71-647 of 30 July 1971 setting out the conditions for the handling of air transport costs incurred by the civil and military personnel of the State and its public institutions and certain subsidized bodies outside the metropolitan territory of France;
Having regard to amended Decree No. 97-900 of 1 October 1997 setting out the modalities for calculating the remuneration of the foreign military;
In view of the amended Decree No. 2007-640 of 30 April 2007, setting out the conditions and procedures for the payment of costs caused by changes in the residence of the military in the metropolitan territory of France;
In view of the amended Decree No. 2009-545 of 14 May 2009, setting out the conditions and procedures for the payment of costs incurred by the temporary movement of military personnel;
In light of the opinion of the Conseil supérieur de la fonction militaire dated 9 October 2015,
Decrete:

Article 1 Learn more about this article...


The above-mentioned decree of 30 April 2007 is amended in accordance with articles 2 to 19 of this decree.

Article 2 Learn more about this article...


In the title of the decree, the words "in the metropolitan territory of France" are deleted.

Article 3 Learn more about this article...


Before section 1, a chapter entitled:


“Chapter I
“General provisions

Article 4 Learn more about this article...


Section 1 is amended as follows:
1° In the first paragraph, the words: "in the metropolitan territory of France" are replaced by the following provisions: "any destination. » ;
2° After the first paragraph, twelve sub-items are inserted:
"In particular, it applies to changes in residence:


“-on the metropolitan territory of France;
"between the metropolitan territory of France and the territory of a community referred to in Article 72-3 of the Constitution and vice versa;
"between France and the territory of a foreign state, and vice versa;
"in or within the territory of a community referred to in Article 72-3 of the Constitution;
"-between or within the territory of a foreign state.


"For the application of the provisions of this decree:


"-the expression "out of metropolis" means the territory of one of the communities referred to in Article 72-3 of the Constitution or the territory of a foreign state;
"-the term "stay" means the total duration during which the member is permanently assigned to the same territory. The stay may consist of one or more successive assignments;
"-the term "travel" means the journey by the member and/or his family between two territories, within a territory or between metropolitan France and another territory, or vice versa;
"-the term "outre-mer territory" means the territory of one of the communities mentioned in Article 72-3 of the Constitution or that of a foreign state previously placed under French sovereignty;
"-the term "military originating from overseas" means the member whose centre of moral and material interests is located in a community referred to in Article 72-3 of the Constitution; » ;


3° In the second paragraph, the words: "or by service utility. are replaced by the words: "service or under a precarious occupancy agreement with interference. » ;
4° In the third paragraph, after the words: "its service" are added the words: "or, abroad, the administrative district assimilable";
5° In the fourth preambular paragraph, the words: "or service utility. are replaced by the words: "service or under a precarious occupancy agreement with interference. » ;
6° In the fifth preambular paragraph, after the words: "changes of residence made" are added the words: "in metropolis".

Article 5 Learn more about this article...


Section 3 is replaced by the following:


"Art. 3.-I.-The member is entitled to take charge of his residence change costs when the member is consecutive:
« 1° A mutation for service reason:
"The member who is transferred for service less than three years before reaching the age limit or service time limit, and who is not housed by absolute necessity of service or under a precarious occupation agreement with interference, may, upon approved request, assert his or her rights to take charge of the costs of change of residence in advance of the rights opened under the circumstances provided for in 1° of II.
"The member shall no longer be entitled to take charge of the costs of a subsequent change of residence, unless the latter is carried out in respect of the cases provided for in 2° of I;
« 2° A change of residence made by order of the command, either to occupy, or to liberate occupied accommodation by absolute necessity of service or under a precarious occupation agreement with treachery;
« 3° The replacement of the general officers of the second section in the first section on individual decision of the Minister;
« 4° A detachment of law, ex officio or on approved application and reinstatement in the body of origin upon expiry of the detachment, when the change of residence costs are not borne by the administration or host agency;
« 5° A first assignment resulting in a change of residence for military personnel who completed their initial training;
« 6° During the change in the base port of a building, the member assigned to this building may be entitled to take charge of his residence change costs to the new base port provided that he or she remains to perform in the assignment a service time of at least six months. For a change of base port outside the metropolis, the member assigned to this building may be entitled to take charge of his residence change costs to the base port provided that he or she remains to perform in the assignment a service time of at least half of the statutory stay.
"II.-The change of residence is supported to the metropolitan territory of France or, if the member originates from an overseas territory, to the territory of which he is native for the following situations:
« 1° Upon termination of the military state, either ex officio by a breach of the age limit or the term of service, or by resigning or termination of the contract entitled to a military retirement pension;
« 2° Upon return to civil life upon expiration of a contract of engagement;
« 3° Upon admission to the corps of officers of gendarmerie, armed forces, branches, services and non-commissioned officers, armed forces, branches and services;
« 4° At the admission of General Officers in the second section or to the placement of General Officers in the first section in special availability of office;
« 5° Reform for infirmities or diseases;
« 6° Long-term sickness or long-term sickness leave where termination of service requires the member to leave a home that is granted by absolute necessity of service;
« 7° A change after long-term sick leave or long-term illness lasting more than six months;
« 8° For the benefit of either a reconversion leave followed or not a reconversion leave, or a leave of the airing staff. In these situations, the member who asserts his or her rights to take care of the costs of change of residence in advance will no longer be entitled to this right at the time of termination of the military state.
"III.-Other situations, including administrative assignments, assignments for personal conveniences, availability, resignation without the right to a military pension, termination of the contract without the right to a military pension, termination of the military state by disciplinary measure, denunciation of the contract during the probation period, withdrawal of employment and non-retirement of costs, do not open the right to change »

Article 6 Learn more about this article...


Section 4 is amended as follows:
1° After the words: "The change of residence" are added the words: "in metropolis";
2° The words: "as it results from Article 3. are replaced by the words: "as it results from Articles 3 and 9. » ;
3° The first paragraph is supplemented by the following:
"For a change of residence outside the metropolis the same rule applies within a reduced period to one year.
"For a member from overseas, at the end of the military state (either ex officio by a breach of the age limit or the term of service, either by resignation or termination of the contract opening the right to a military pension) or by the return to civil life upon the expiration of a contract of engagement, the period for a change of residence is increased to five years when the last assignment of the military is located outside the metropolitan area. » ;
4° The last paragraph is replaced by the following:
"The carriage of furniture or baggage may be carried by rail, road or sea.
"Without metropolis, however, the transport of furniture or baggage may be carried by air if this mode of transport is less expensive or, upon authorization of the military authority, if the political or geographic circumstances require it. »

Article 7 Learn more about this article...


Section 4-1 is amended as follows:
1° In the first paragraph, after the words: "by order of the Minister of Defence", the words "or the Minister of the Interior" are added;
2° In the second preambular paragraph, the words “open under the heading of the second paragraph”. are replaced by the words: "open for the 2nd of I."
3° In the third paragraph, the words: "or service utility. are replaced by the words: "or under a precarious occupancy convention with treachery. »

Article 8 Learn more about this article...


Section 5 is replaced by the following:


"Art. 5.-A member who changes his or her residence under the conditions set out in section 3 may be entitled to take charge of the change of residence expenses that include:


-the transport of furniture and the transport of heavy baggage made obligatoryly by a relocation or transport professional, or the transport of baggage carried by any suitable means;
- hotel and restaurant fees;
-the transport of persons in metropolitan territory;
-the travel expenses of people outside the metropolis.


"Residence change costs are borne within the limits of the costs exposed, provided that they are not covered by the employer of the spouse or partner of a civil solidarity pact that has been concluded for at least two years.
"A joint Order of Ministers for Defence, Finance, Public Service, Interior and Overseas sets out the terms, duration and limitations on the handling of military change of residence costs. »

Article 9 Learn more about this article...


Section 6 is amended as follows:
1° After the words: "under the military roof" are added the words: "and they are authorized by the military authority to accompany the military in the event that such authorization is required. » ;
2° After the words: "the ascendants" are added the words: "dependant in the sense of tax legislation";
3° At the end of the article, the following paragraph is added: "The rights relating to the management of residential change costs are appraised on the date the conditions set out in section 3. »

Article 10 Learn more about this article...


Section 9 is replaced by the following:


"Art. 9.-Forcing or, by default, the executor of a deceased member may claim to take charge of the costs set out in Article 5.
"Residence change costs are borne to the metropolitan territory of France or to the destination or within the overseas territory of which the member or his or her cause is native. »

Article 11 Learn more about this article...


Section 10 is amended as follows:
1° After the words: "on a decision of the Minister of Defence" are added the words: "or the Minister of the Interior for the soldiers of the gendarmerie";
2° The article is supplemented by a paragraph to read:
"In respect of children for whom the member retains a right of access, the member may, by a decision of the Minister of Defence or the Minister of the Interior for the military of the gendarmerie, be entitled to the following transfers of half of the transportation rights granted. »

Article 12 Learn more about this article...


In Article 11, the words: "in accordance with the terms of the decree of May 14, 2009 and" are deleted.

Article 13 Learn more about this article...


Section 12 is replaced by the following:


"Art. 12.-For the purposes of this decree, the expression "baggage" refers only to moves to the metropolis, the expressions "replies" and "heavy baggage" concerning only moves outside the metropolis.
"The member who has an accommodation furnished by the administration in his current garrison and who does not have it in his new garrison is reimbursed for his or her baggage or heavy baggage transportation expenses and for the transportation of furniture from the folding place.
"The member who does not have an accommodation furnished by the administration in his current garrison but who has it in his new garrison is reimbursed for his baggage or heavy baggage transportation expenses and for his transportation of furniture to the folding place.
"The member who leaves accommodation furnished by the administration or accommodation in the event of a stay and is reappointed in his or her new assignment of accommodation of the same type shall not be entitled to the carriage of furniture but shall be reimbursed for his or her transportation of baggage or heavy baggage under the conditions fixed by the order provided for in Article 5. »

Article 14 Learn more about this article...


The third paragraph of section 13 is amended as follows:
1° The words: "or receive their advances" are deleted;
2° The words: "by the decree setting out the conditions and procedures for the payment of costs caused by the movement of military personnel in the metropolitan territory of France" are replaced by the words: "by Decree No. 2009-545 of 14 May 2009, setting out the conditions and conditions for the payment of costs caused by the temporary movement of military personnel".

Article 15 Learn more about this article...


After section 13, a subdivision shall be inserted as follows:


“Chapter II
« Provisions specific to changes in residence outside metropolis »

Article 16 Learn more about this article...


Section 14 is replaced by the following:


"Art. 14.-A member who makes a change of residence outside the metropolis has the right to take charge of transportation costs by a relocation professional, or of transport, of furniture or heavy baggage including, where applicable, the carriage of a motor vehicle.
"When the member has a furnished accommodation available to him by the military authority or by the military employment administration, only the transportation of heavy baggage is covered outside the metropolis.
"The maximum repayment volume for out-of-way moves is fixed, for a specified period, by joint decree of Ministers responsible for Defence, Finance, Public Service, Interior and Overseas.
"The volume of furniture or the volume of heavy baggage transported outside the metropolis deducts the aggregate rights acquired under this decree. The remaining volume opens right to fold. »

Article 17 Learn more about this article...


After Article 14, the following provisions shall be inserted:


"Art. 14-1.-The folding place shall be located on the metropolitan territory of France or, upon authorization of the military authority, may be located in an overseas territory, if the current military assignment garrison is located in one of these territories.
"Reimbursement of a carriage of furniture to or from the folding place does not open the other costs listed in section 5, except for the transportation costs of a family that would not be authorized by the military authority to accompany the member.


"Art. 14-2.-In the event of separation of the spouses or divorce of the spouses or dissolution of the civil pact of solidarity during the stay and if the separated spouse, the partner of a civil pact of separate solidarity, the ex-spouse or the ex-partner of a civil pact of solidarity has benefited from the trip as a member of the member's family, it may claim to be reimbursed for the costs of return of residence when it


-to the metropolitan territory of France;
-to or within the overseas territory of which the member or himself is a native.


"This right is exclusive to the maintenance of law contained in paragraph 1 of Article 10, which the member could have benefited if applicable.


“Chapter III
« Travel expenses outside metropolis


"Art. 14-3.-The member who made a change of residence outside the metropolis and who received the authorization of the military authority to be accompanied by his family during his stay, is entitled to take charge of the journey of his family members within the meaning of Article 6.
"However, in the event of an assignment from the military outside the metropolis, the family situation, the conditions for the duration of the civil pact of solidarity and the tax burden of children are appreciated on the day scheduled for the trip.
"The travel rights of members of the military family remain open for one year after the military takes office. This period may be extended for reasons of safety, health, education or professional obligations.
"Family members may, on prior request, always make the trip back in advance.
"On prior request, all recipients of the trip can be returned, even if they are no longer a member of the military family.
"The member whose child ceases to be taxed in the course of his or her stay is entitled, upon prior request, to the payment of his or her repatriation travel expenses.
"The new members of the family not taken care of during the journey go, as long as they correspond to family members within the meaning of Article 6, are entitled upon authorization of the military authority on the return journey.
"Family members may, upon prior request, make the return trip after the member when the extension of the stay is made necessary for safety, health, education or professional obligations. In any event, the extension of the stay cannot exceed the year following the return of the member.
"The members of the family of a member transferred between two territories that would be prevented from following it may, on authorization of the military authority, make a repatriation trip to the metropolitan territory of France or, if the member originates from an overseas territory, to that territory.


"Art. 14-4.-The member who is authorized by the military authority to be accompanied by his family shall be entitled upon request:


"-a journey to and back to the territory of assignment, for the benefit of each family member who has not accompanied him for reasons of safety, health, education or professional obligations. In the event that a couple of soldiers is affected in the same territory, the benefit of this right can only be granted to a child of the couple as a single member of that couple. This right may be exercised by the spouse or partner of a civil pact of solidarity that has been concluded for at least two years, in place of the member, in respect of tax dependent children of the member, who have remained in metropolis and who have not been entitled to travel;
"-a journey to and back to the territory of assignment for the benefit of each of the minor children of which he has no tax burden, but vis-à-vis which he is authorized, by court decision, to exercise a right of visit.


"The member who, during his assignment, resides without his or her spouse or partner of a civil pact of solidarity concluded for at least two years, shall be entitled upon his or her request to travel and return to the metropolitan territory of France or, if the member originates from an overseas territory, to that territory.
"These provisions are not open to the military affected by the French forces abroad who are entitled to the lump-sum leave allowance.
"These rights are exclusive to those opened under Article 14-3.


"Art. 14-5.-The member serving as an embassy or consulate or in a security detachment of the embassies and consulates, assigned to the missions of military cooperation of defence or serving abroad within the framework of the mandate of an international organization has the right to take charge by the State of a travel of administrative leave per stay, for himself and his family, to France or the territory of overseas decree of which he is originally


"Art. 14-6.-The member who enjoys an end-of-country leave provided for in Article L. 4138-5 of the Defence Code is entitled, and the members of his family:


"-if the member is from metropolis, to a journey to the metropolitan territory of France, then to his new location in metropolis;
"-if the member originates from an overseas territory, on the authorization of the military authority, to a journey to that territory, and then its new duty station.


"Art. 14-7.-The member has the right to take charge of the transportation costs of the body of the deceased members of his family in the territory where he is assigned to the metropolitan territory of France or, if he is from an overseas territory, to or within the territory of which he is native.
"The treatment covers only temporary burial costs, exhumation costs, body transportation costs to the final burial place and the associated costs necessary for the transport of the body.


"Art. 14-8.-People residing abroad prior to their appointment have their return journey taken over to the locality where they had their residence prior to their appointment when they leave the military institution according to paragraph II of Article 3.
"The hired personnel, denouncing their contract during the probationary period, are entitled to a journey back to the metropolis or the overseas territory of which they originate on the first occasion by the military or civil airway.
"The member whose de-regulation of the activity results from a disciplinary penalty is entitled to take charge of a return journey to the metropolis or the overseas territory of which he is a native.


"Art. 14-9.-The travel expenses are borne as follows:


"Air-travelling: taking charge of the most direct and economical route, subject to the conditions determined by Decree No. 71-647 of 30 July 1971 setting out the conditions for the handling of air transport costs incurred by civil and military personnel of the State and its public institutions and certain subsidized bodies outside the metropolitan territory of France;
"Rail, land or maritime transportation: support on the basis of the most economical fare and at costs not exceeding that of the airway defined above.


"The mode of care is determined by the military authority before the start.
"The member who has been arrested for a period of more than three days on a territory, because of circumstances beyond his will, during a trip under this decree, is entitled, for the purposes of covering his additional costs of food and housing, to an extension of his lump sum refund under the conditions laid down by the order provided for in Article 5. Each of the members of his family whose journey is also taken care of and who accompanies him is also entitled.


"Art. 14-10.-The member may, on prior request, travel under conditions different from those set out in section 14-9.
"The member shall then make the advance of the costs and the refund shall be made after the completion of the voyage within the two limits of the costs corresponding to the completion of the voyage under the conditions laid down in section 14-9, on the one hand, and the actual costs attested by the production of the proof of expenses, on the other.
"The member cannot claim any compensation from the administration for damages incurred in connection with this displacement.


"Art. 14-11.-The member or any right-handed person who chooses to travel for personal convenience in a tourism vehicle may claim a lump sum refund of his travel expenses, on a statement prior to his departure, giving the administration of any liability for any damages related to his travel.
"This lump-sum reimbursement is by right-hand who actually traveled 50% of the cost of travel as provided for in section 14-9.


"Art. 14-12.-For the member and members of his or her family authorized to accompany him, any costs related to the issuance of a passport, a visa, vaccinations and prophylactic medical treatments required or recommended by the competent health authority (not supported by a social security agency), airport taxes and other taxes and taxes affecting the travellers are refunded by the administration on presentation of supporting documents. Fees for pets are the exclusive responsibility of the member.


"Art. 14-13. -In the case of air transport, the excess baggage may be refunded within 20 kilograms per person without the total weight of the baggage transported free of charge, including those admitted free of charge by the shipping companies, may exceed 40 kilograms per person.
"The excess baggage for the carriage of technical equipment or administrative documents for service reasons is also covered by prior authorization from the military authority. »

Article 18 Learn more about this article...


After section 14-13, a subdivision is inserted as follows:


“Chapter IV
« Final Provisions »

Article 19 Learn more about this article...


At the beginning of Article 15, a paragraph is inserted as follows:
"This decree is applicable to the metropolis and, for the overseas and foreign countries, by derogation from the provisions of the decrees of July 3, 1897 amended by regulation on the road and residence allowances, the crossing concessions and the travel expenses of the foreign officers, officials, civil servants and military agents of the colonial or local services; of June 12, 1908 concerning the settlement of the travel expenses of the isolated military; »

Rule 20 Learn more about this article...


The provisions of this Order apply only to military personnel under the authority of the Minister of Defence. They take effect, on an experimental basis, as of January 1, 2016.
This experiment is authorized for a period of five years from the publication of this decree.
An assessment of the application of this Order is made by the Minister of Defence at least one year before the end of the experiment.

Article 21 Learn more about this article...


The change in residence effective 1 January 2016 will be reimbursed to the member according to the provisions in force on the same date.
However, for changes in non-metropolis residence made prior to January 1, 2016 and when the family situation is unchanged, the cubage assigned to the member and his family remains applicable to the return in the event that the member is more favourable.

Article 22 Learn more about this article...


The Minister of Finance and Public Accounts, the Minister of Defence, the Minister of Decentralization and the Public Service, the Minister of Overseas and the Secretary of State responsible for the budget are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done on December 30, 2015.


Manuel Valls

By the Prime Minister:


Minister of Defence,

Jean-Yves Le Drian


Minister of Finance and Public Accounts,

Michel Sapin


Minister of Decentralization and Public Service,

Marylise Lebranchu


Minister of Overseas,

George Pau-Langevin


The Secretary of State in charge of the budget,

Christian Eckert


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