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Ministry for the interior
The ,
On the report of the Minister of Justice, Minister for justice, the home secretary and the Minister for defense, Considering the criminal procedure code, in particular its articles 21-2 and 78-6; Considering the general code of the territorial collectivities, in particular its item L 2816 6; Considering the ; Considering the law No 39 590 of April 15th, 1999 relating to the municipal police; Considering the decree of May 20th, 1903 amended on the organization and the service of the gendarmerie; Considering the decree No 52 885 of September 19th, 1996 relating to the allocation of the duties and the organization of the co-operation between the national police force and the national police; The (section of the interior) understood, Issue:
Article 1st. - The standard Convention of coordination provided for with the item L 2816 6 of the general code of the autonomous regions is annexed to the present decree. Article 2. - When a Convention of coordination is concluded, it is made by it mention with the collection of the administrative acts of the prefecture. Article 3. - The Minister of Justice, Minister for justice, the home secretary, the Minister for defense and the Minister for the civil service, with the reform of the State and decentralization are charged, each one in what relates to it, of the execution of this decree, which will be published in the Journal officiel de la R3epublique fran1caise. Fact in Paris, on March 24th, 2000.
WITH NR NR E X E
STANDARD CONVENTION OF COORDINATION OF THE MUNICIPAL POLICE AND THE SECURITY FORCES OF THE STATE Between the prefect of… and the mayor of…, after opinion of the public prosecutor close the Court of Bankruptcy of…, it is agreed what follows: The municipal police and the security forces of the State have vocation, in the respect of their own competences, to intervene on the totality of the territory of the commune. To in no case, it cannot be entrusted to the municipal police of maintenance mission of the command. The present Convention, established in accordance with the provisions of the item L 2816 6 of the general code of the autonomous regions, specifies the nature and the places of the interventions of the police officers municipal. It determines the procedures according to which these interventions are coordinated with those of the security forces of the State. For the implementation of this Convention, the security forces of the State are the national police force in the communes placed under the regime of the font of State and the national police in the other communes. The people responsible for the security forces of the State are, according to the case, the chief of the district of public safety or the commander of the gendarmerie squad qualified. 1. Procedures of coordination Item 1st The person responsible for the security forces of the State and the person responsible for the municipal police, or their representatives, meet periodically to swap all useful informations relating to the command, the public security and peace in the commune, with a view the material organization of the missions laid down in the present Convention. The day order of these meetings is addressed to the public prosecutor which takes part in it or made there represent if it esteem necessary. The conditions of these meetings are the following ones (to be supplemented with regard to the frequency, the places and other procedures): - .................... - .................... - .................... Article 2 The person responsible for the security forces of the State and the person responsible for the municipal police get informed mutually about the practical procedures of the missions respectively ensured by the agents of the security forces of the State and the police officers municipal, to ensure the complementarity of the services in charge of the security on the territory of the commune. The person responsible for the municipal police informs the person responsible for the security forces of the State for the number of police officers municipal assigned to the missions of the municipal police and, if necessary, the number of the agents armed and the type with the weapons carried. The municipal police gives all information to the security forces of the State on very fact whose knowledge can be useful for the safeguarding of the law and order and who was observed in the exercise of his missions. The person responsible for the security forces of the State and the person responsible for the municipal police can decide that missions could be carried out jointly under the functional authority of the person responsible for the security forces of the State, or of its representative. Article 3 The security forces of the State and the municipal police swap information of which they lay out on the missing announced people and the stolen vehicles, likely to be identified on the territory of the commune. In the event of identification by its agents of a missing announced person or a flown vehicle, the municipal police into formless the security forces of the State. Article 4 To be able to exert the missions provided for by articles 21-2 and 78-6 of the criminal procedure code and by the item L. 1st of the motor vehicle laws, the police officers municipal must be able constantly to join an judiciary police officer qualified. For this purpose, the person responsible for the security forces of the State and the person responsible for the municipal police specify the means by which they must be able to communicate between them of all circumstances. Article 5 The communications between the municipal police and the security forces of the State for the achievement of their respective missions are done by a reserved phone line or a radiophonic connection, under conditions defined by mutual agreement by their people responsible. The installation of the means of communication necessary is dealt with by the commune. 2. Nature and places of the interventions Article 6 The municipal police ensures the static guard of the communal ships. Article 7 I. - the municipal police ensures the monitoring of following educational establishments, in particular at the time of the inputs and exits of the pupils: - .................... - .................... - .................... II. - The municipal police also ensures the monitoring of the following points of pick-up: - .................... - .................... - .................... Article 8 The municipal police ensures the monitoring of the fairs and markets, in particular: - .................... - .................... - .................... as well as the monitoring of the ceremonies, festivals and rejoicings organized by the commune, in particular: - .................... - .................... - .................... Article 9 The monitoring of the other demonstrations, in particular of the sporting, entertaining or cultural events requiring or not an police and stewards with the charge of the organizer, is assured, under the conditions defined beforehand by the person responsible for the security forces for the State and the person responsible for the municipal police, either by the municipal police or by the security forces of the State. Article 10 The municipal police ensures the monitoring of the circulation and the stationing of the vehicles on the public highways and car parks whose list is specified at the periodic meetings laid down with the item 1st. It supervises the operations of removal of the vehicles, and in particular the settings in pound, carried out under the authority of the qualified judiciary police officer. Article 11 The municipal police informs as a preliminary the security forces of the State of the operations of speed control of the vehicles which it ensures. Article 12 Any amendment of the conditions of exercise of the missions provided for in articles 2 to 11 of this Convention is the co-operation purpose between the person responsible for the security forces of the State and the person responsible for the municipal police within the necessary delay with the amendment for the operative paragraphs for each of the two services. 3. Various provisions Article 13 A periodic report is drawn up, under the conditions fixed by mutual agreement by the person responsible for the security forces for the State and the person responsible for the municipal police, on the conditions of implementation of this Convention. This report is communicated to the prefect and to the mayor. Copy is transmitted by it to the public prosecutor. Article 14 The present Convention and its implementation are the annual evaluation purpose during a meeting between the prefect and the mayor. The public prosecutor is informed of this meeting and takes part in it if it considers it necessary. Article 15 The present Convention is concluded for one duration five years, renewable then year by year by renewal by tacit agreement. It can be denounced after a six months notice by one or the other of the parties. |
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