Key Benefits:
The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:
The second paragraph of Article L. 210-1 of the Environmental Code is as follows:
"In the framework of the laws and regulations as well as the previously established rights, the use of water belongs to all and every natural person, for their diet and hygiene, has the right to access drinking water in economically acceptable conditions by all. »
I. - Article L. 211-7 of the Environmental Code is amended as follows:
1° The beginning of the first paragraph of I is as follows:
"The territorial authorities and their groupings as well as the joint unions created pursuant to Article L. 5721-2 of the General Code of Territorial Authorities are empowered... (the rest without change). » ;
2° I is supplemented by a sub-item:
"The competences referred to in the preceding paragraphs may be exercised by the public establishment Inland Waterway in France on the area entrusted to it by management. » ;
3° In the first sentence of I bis, the reference is "L. 213-10" and the reference is "L. 213-12".
II. - Article L. 212-2-2 of the same code is supplemented by a paragraph as follows:
"The owners of rivers, lakes and non-domanial water plans are required to leave the free passage on their land to the agents mandated by the administrative authority to access these watercourses, lakes and water plans and to carry out the necessary measures for the implementation and monitoring of the water state monitoring program, to the extent necessary for the completion of this mission. »
III. - The general code of public ownership is amended as follows:
1° Section L. 2131-2 is amended as follows:
(a) After the first paragraph, two sub-items are inserted:
"Every landlord, tenant, farmer or holder of a real right, watercourse or domanial lake is required to leave the land encumbered from this footstool easement to the use of the manager of this watercourse or lake, fishermen and pedestrians.
"The civil liability of the residents referred to in the second paragraph may not be incurred for damage caused or sustained in connection with the passage of fishermen or pedestrians only because of their wrongful acts. » ;
(b) Before the last paragraph, two subparagraphs are inserted:
"Through the navigation channels, fishermen and pedestrians can use the halage path and the shoreline portion of the public domain, to the extent that it allows navigation.
"On the decision of the administrative authority, the right referred to in the preceding paragraph may exceptionally be deleted either for reasons of general interest or for reasons of security when the banks are included in industrial establishments. » ;
2° The first paragraph of Article L. 2131-3 is as follows:
"When the fishing exercise, the pedestrian crossing and the maintenance and monitoring requirements of the watercourse or lake permit, the distance of 3.25 metres referred to in section L. 2131-2 for the footage can be exceptionally reduced by a decision of the manager authority up to 1.50 metres. »
The second sentence of the first paragraph of Article L. 3113-1 of the General Code of Public Property is supplemented by the words: "and do not give rise to the payment of any compensation, right, tax, wage or fee".
I. - After the II of Article L. 214-4 of the Environmental Code, it is inserted a II bis as follows:
« II bis. - As of 1 January 2014, in accordance with the objectives and guidance of the master plan for water development and management, on watercourses, parts of watercourses or canals classified under I of Article L. 214-17, the authorization may be amended, without compensation from the State exercising its powers of police, as long as the operation of the works or installations does not permit the alternative preservation of the migratory species. »
II. - Article L. 215-10 of the same code is amended as follows:
1° The 5th of I is repealed;
2° After I, it is inserted an Ibi as follows:
"I bis. - As of 1 January 2014, in accordance with the objectives and guidance of the master plan for water development and management, on the watercourses classified under I of Article L. 214-17, the authorizations or permissions granted for the establishment of structures or plants may be modified, without compensation from the State exercising its powers of police, as soon as their operation does not allow the living of the species in alternative manner » ;
3° In II, after the words: "The provisions of I", are inserted the words: "and I bis", and the words: "to companies authorized under title III" are replaced by the words: "to companies granted or authorized in application";
4° II is supplemented by a sentence as follows:
"The amendments made pursuant to I bis of this section to the concessions referred to in the aforementioned Act of 16 October 1919 shall only be entitled to compensation if they result in a reversal of the economic balance of the contract. »
Article L. 214-9 of the Environmental Code is as follows:
"Art. L. 214-9. - I. - When a hydraulic development other than those granted or authorized under the Act of 16 October 1919 on the use of hydraulic energy allows the regulation of the flow of a watercourse or the increase of its flow in the stretching period, all or part of the artificial flow can be affected, by declaration of public utility, on a section of that watercourse and for a specified period, to certain uses,
"The first paragraph is applicable to hydraulic developments granted or authorized under the aforementioned Act of 16 October 1919 provided that the allocation of all or part of the artificial flow is compatible with the destination of the development, the maintenance of a supply ensuring the safety of the electrical system and the financial balance of the concession contract.
“II. - The beneficiary of the public utility declaration may be the State, a territorial community, a grouping of territorial authorities or a public institution.
"The recipient of the public utility declaration may concede the management of this affected flow. The concessionaire is founded to collect the amounts charged to the users under 4° of III.
"III. - The declaration of public utility shall be authorized under this section and shall, under the conditions prescribed by decree, set out in addition to the requirements for its installation and operation:
« 1° An assigned flow rate, based on the resources available at different times of the year and prioritized the recipient of the public utility declaration;
« 2° The uses for the affected flow rate;
« 3° The requirements necessary to ensure the passage of all or part of the flow affected in the section of the watercourse under the most rational and less damaging conditions for other watercourse users and in the respect of aquatic ecosystems;
« 4° The conditions under which the beneficiary of the public utility declaration may charge the users of this flow all or part of the expenses incurred to ensure the delivery of the affected flow and its passage into the watercourse;
« 5° Where applicable, the modifications to the terms of reference of the concession or the act of authorization.
"IV. - Where the conditions under which the affected debit is issued cause injury to the manager of the property granted or authorized under the Act of 16 October 1919 referred to above, the beneficiary of the public utility declaration shall pay compensation in respect of the loss suffered for the duration of the concession or the authorization remaining to be incurred.
"The compensation is subject to the maintenance in the watercourse of the minimum flow resulting from the application of Article L. 214-18 and is payable only for artificial volumes exceeding this value.
"The administrative court is competent to rule on disputes relating to this award.
"V. - This section is applicable to hydraulic construction work and hydraulic works regardless of the date on which they were authorized or concededed. »
I. - Chapter IV of title I of Book II of the Environmental Code is supplemented by a section 5 of the title:
“Section 5
“ Obligations relating to works
"Art. L. 214-17. - I. - After advice from interested general councils, relevant territorial public institutions of basin, basin committees and, in Corsica, of the Assembly of Corsica, the administrative authority establishes, for each basin or subbassin:
« 1° A list of watercourses, parts of watercourses or canals among those that are in very good ecological condition or identified by the guiding patterns of water development and management as playing the role of biological reservoir necessary for the maintenance or achievement of the good ecological condition of the watercourses of a watershed or in which a complete protection of migratory fish living alternately in fresh water and salt water is necessary, on which new authorization or concessions
"Renewal of the concession or authorization of existing structures, regularly installed on these watercourses, parts of watercourses or canals, is subject to requirements to maintain the very good ecological condition of the water, to maintain or reach the good ecological condition of the watercourses of a watershed or to ensure the protection of migratory fish living alternately in fresh water and salt water;
« 2° A list of watercourses, parts of watercourses or canals in which it is necessary to ensure adequate transportation of sediments and the circulation of migratory fish. Any work must be managed, maintained and equipped according to rules defined by the administrative authority, in consultation with the owner or, if not, the operator.
“II. - The lists referred to in 1° and 2° of I shall be established by order of the competent administrative authority, after consideration of the impact of the classifications on the different uses of water referred to in Article L. 211-1.
"III. - The obligations resulting from I apply on the date of publication of the lists. These deriving from 2° of I apply, after a period of five years after the publication of the lists, to existing regularly installed works.
"The fifth paragraph of section 2 of the Act of 16 October 1919 relating to the use of hydraulic energy and section L. 432-6 of this Code shall remain applicable until such obligations are substituted for it, within the period specified in the preceding paragraph. Upon the expiry of the period referred to above, and no later than 1 January 2014, the fifth paragraph of section 2 of the Act of 16 October 1919 referred to above shall be deleted and the aforementioned section L. 432-6 is repealed.
"The obligations resulting from the I of this section shall be compensable only if they impose a special and exorbitant charge on the owner or operator of the work.
"Art. L. 214-18. - I. - Any work to be built in the bed of a watercourse must include devices now in this bed a minimum flow guaranteeing constantly the life, circulation and reproduction of species living in the waters at the time of installation of the work as well as, if any, devices preventing the penetration of the fish in the channels of aisle and leak.
"This minimum flow rate shall not be less than the tenth of the stream module in the immediate downstream or the right of the work corresponding to the interannual average flow rate, measured from the available information for a minimum period of five years, or at the immediate upstream flow rate of the work, if it is lower. For watercourses or parts of watercourses whose module is greater than 80 cubic meters per second, or for works that contribute, by their modulation capacity, to the production of electricity in peak consumption period and whose list is fixed by decree in the Conseil d'Etat taken after advice of the Conseil Supérieur de l'énergie, this minimum flow rate shall not be less than the twentieth of the module of the stream in immediate aftermath or the right However, for watercourses or watercourse sections with atypical operation making it irrelevant to fixing a minimum flow rate under the above conditions, the minimum flow rate may be set at a lower value.
“II. - Licensing or concessional actions may set different minimum flow values according to the periods of the year, provided that the annual average of these values is not less than the minimum flow rates established under I. In addition, the lowest flow rate must remain above half of the above-mentioned minimum flow rates.
"When a watercourse or a watercourse section is subject to exceptional natural stretching, the administrative authority may set, for this stretching period, temporary minimum flow rates below the minimum flow rates provided for in I.
"III. - The operator of the work is required to ensure the operation and maintenance of the devices ensuring in the bed of the watercourse the minimum flow rates defined in the preceding paragraphs.
"IV. - For books existing on the date of promulgation of Act No. 2006-1772 of 30 December 2006 on water and aquatic environments, its obligations are substituted, upon renewal of their concession or authorization and no later than 1 January 2014, to the obligations previously made to them. This substitution shall be indemnified only under the conditions set out in III of Article L. 214-17.
"V. - This section is not applicable to the Rhine or to the international parts of shared watercourses.
"Art. L. 214-19. - A decree in the Council of State specifies the conditions for the application of this section. »
II. - The title of chapter II, section 3, title III of Book IV of the same code is thus written: "Water Plan Obligations".
The Act of 16 October 1919 on the use of hydraulic energy is thus amended:
1° Section 1 is amended as follows:
(a) The third paragraph reads as follows:
"Subject to section 18, the operation of a hydraulic company without authorization is punishable by a fine of EUR 18,000. Under the same reserves, the operation of a hydraulic company without concession is punishable by a fine of EUR 75,000. » ;
(b) The fourth preambular paragraph reads as follows:
"Permissionary who does not comply with the rules applicable to hydraulic enterprises or the requirements of the authorization shall be punished by a fine of EUR 12,000. The concessionaire who does not comply with the rules applicable to hydraulic companies or the requirements of the specifications are liable to a fine of EUR 75,000. » ;
(c) After the fourth preambular paragraph, a sub-item reads as follows:
"Companies with a maximum power of less than 4,500 kilowatts are equivalent to hydraulic companies authorized for the application of the sanctions referred to in the two preceding paragraphs. » ;
(d) In the fifth preambular paragraph, the words "as well as a cover of EUR 75 to EUR 450" are replaced by the words "as well as the amount of a cover";
(e) It is added a paragraph to read:
"The new installations or new works to be authorized under sections L. 214-1 to L. 214-11 of the Environmental Code shall, in respect of the incidental operation of hydraulic energy, be exempted from the authorization procedure provided for in the preceding paragraph. » ;
2° The last paragraph of Article 13 is amended as follows:
(a) The first sentence is deleted;
(b) At the beginning of the second sentence, the words: "This new concession" are replaced by the words: "The new concession";
3° The sixth paragraph of Article 16 is amended as follows:
(a) The first sentence is deleted;
(b) At the beginning of the second sentence, the words: "This new authorization" are replaced by the words: "The new authorization";
4° In the second paragraph of Article 18, the words ", of the right of preference" are deleted.
I. - The environmental code is amended as follows:
1° In the third paragraph of Article L. 215-2, the words: "curage in accordance with the rules established by Articles L. 215-14 to L. 215-24" are replaced by the words: "maintenance in accordance with Article L. 215-14";
2° Section L. 215-4 is amended as follows:
(a) The first paragraph is supplemented by the words: ", provided that these measures do not hinder the realization of an enterprise operation for the management of this watercourse under Article L. 211-7";
(b) In the last paragraph, after the words: "can, in the year", the words "and in the same conditions" are inserted;
3° Section 3 of chapter V of Book II title I is thus drafted:
“Section 3
« Maintenance and restoration of aquatic environments
"Art. L. 215-14. - Without prejudice to articles 556 and 557 of the Civil Code and chapters I, II, IV, VI and VII of this title, the riparian owner is held at a regular maintenance of the watercourse. The purpose of the regular maintenance is to maintain the watercourse in its equilibrium profile, allow the natural flow of water and contribute to its good ecological condition or, where applicable, to its good ecological potential, including by removing bulwarks, debris and lands, whether floating or not, by shaping or receping the vegetation of the shoreline. A decree in the Council of State determines the conditions for the application of this article.
"Art. L. 215-15. - I. - The grouping operations of regular maintenance of a watercourse, canal or water plan and those required in the mountains to secure the torrents are carried out within the framework of a management plan established at the scale of a coherent hydrographic unit and compatible with the objectives of the water development and management scheme when it exists. The authorization to carry out this management plan under sections L. 214-1 to L. 214-6 is multi-year validity.
"When territorial authorities, their groupings or joint unions established pursuant to Article L. 5721-2 of the General Code of Territorial Authorities are responsible for this consolidated interview pursuant to Article L. 211-7 of this Code, the public inquiry for the declaration of general interest is conducted in conjunction with that provided for in Article L. 214-4. The declaration of general interest has, in this case, a term of validity of five years renewable.
"The management plan can be adapted, in particular to take into account the unforeseeable point interventions made necessary as a result of a flood or other major natural events and interventions designed to ensure the safety of non-motorized watercraft and any operation that is integrated into an action plan and flood prevention. These adjustments are approved by the administrative authority.
“II. - The management plan referred to in I may include a restoration phase that provides for ad hoc interventions such as curing, if the maintenance referred to in section L. 215-14 has not been completed or if it is necessary to ensure the safety of mountain water courses. The use of curage must then be limited to the following objectives:
" - to remedy a dysfunction in the natural transport of sediments that are likely to challenge the uses referred to in Article L. 211-1 II, to prevent the free flow of water or to interfere with the proper functioning of aquatic environments;
" - fight against eutrophication;
" - to develop a portion of watercourses, canals or water plan to create or restore a work or to make a development.
"The deposit or spread of curage products is subject to the assessment of their safety with respect to soil and water protection.
"III. - A decree in the Council of State determines the conditions for the application of this article.
"Art. L. 215-15-1. - Regular maintenance may be carried out according to the former local regulations and uses for the maintenance of aquatic environments provided that they are consistent with the objectives set out in sections L. 215-14 and L. 215-15. If not, the administrative authority shall update these former local regulations or uses by validating, adapting or, where appropriate, repealing them in whole or in part. Effective January 1, 2014, former local regulations and usages that have not been updated cease to be in force.
"Art. L. 215-16. - If the owner does not comply with the regular maintenance obligation made to him by Article L. 215-14, the municipality, the grouping of communes or the competent union, after an unsuccessful detention after a specified period of time in which the provisions of Article L. 435-5 are recalled, the owner may, on his or her own behalf, provide for the maintenance of the individual.
"The mayor or president of the relevant group or trade union shall issue against the owner a claim for the amount of the work carried out. This amount shall be recovered for the benefit of the municipality, the group or the competent union, as in the case of claims of the State that are foreign to the tax and the estate.
"Art. L. 215-17. - All disputes relating to the execution of work, the allocation of expenses, and requests for reduction or discharge made under this section shall be brought before the administrative court.
"Art. L. 215-18. - For the duration of the work referred to in articles L. 215-15 and L. 215-16, the owners are required to pass on their lands the officials and supervisory officers, the contractors or workers, as well as the mechanical equipment strictly necessary for the construction, within a width of six metres.
"The land built or closed by walls on 3 February 1995 as well as the courtyards and gardens adjacent to the dwellings are exempt from servitude with respect to the passage of the machinery.
"The servitude established in the first paragraph applies as much as possible by following the river bank and respecting existing trees and plantations. »
II. - Article 130 of the mining code is amended as follows:
1° In the second paragraph, the words: "water dredging operations and" are deleted;
2° The third paragraph is deleted.
III. - In the 3rd of Article L. 151-36 of the Rural Code, the words: « Curage, deepening, reorganization and regularization of non-federal water canals and watercourses and drying and irrigation canals » are replaced by the words: « Maintenance of canals and ditches ».
IV. - At the beginning of the first paragraph of Article L. 2124-11 of the General Code of Public Ownership, the words: "The Curage" are replaced by the words: "The maintenance, as defined in Articles L. 215-14 and L. 215-15 of the Environmental Code,".
V. - In the second paragraph of Article L. 321-2 of the Forest Code, the references: "L. 215-17 and L. 215-18" are replaced by the references: "L. 215-16 and L. 215-17".
Article 46 of Act No. 2005-781 of 13 July 2005 of the programme setting out the guidelines for energy policy is as follows:
“Art. 46. - Without prejudice to the provisions of Article L. 122-1 of the Environmental Code, the installation of additional equipment for the turbining of minimum debits on conceded or authorized installations and works is subject to a procedure limited to the formalities required for the execution and schooling of work. »
I. - After Article L. 214-3 of the Environmental Code, an article L. 214-3-1 is inserted as follows:
"Art. L. 214-3-1. - When installations, works, works or activities are permanently stopped, the operator or, if not, the owner shall give the site in such a condition that no damage may be brought to the balanced management objective of the water resource defined by Article L. 211-1. It shall inform the administrative authority of the cessation of the activity and the measures taken. This authority may at any time impose requirements for the restoration of the site, without prejudice to the application of articles 91 and 92 of the mining code.
"The provisions referred to in this section are not applicable to the facilities, structures and works of hydraulic companies granted under the Act of 16 October 1919 on the use of hydraulic energy. »
II. - Section 1 of chapter VI of Book II title I of the same code is as follows:
“Section 1
“Administrative sanctions
"Art. L. 216-1. - Regardless of any criminal proceedings, in the event of lack of knowledge of sections L. 211-2, L. 211-3, L. 211-5, L. 211-7, L. 211-12, of the II of section L. 212-5-1 and sections L. 214-1 to L. 214-9, L. 214-11 to L. 214-13, L. 214-14, L. It may prescribe any necessary controls, expertise or analysis, as expenses are borne by the operator or the owner.
"If, at the expiry of the time limit, the administrative authority has not been obstructed with this injunction, by reasoned decision and after having invited the interested party to make its observations known:
« 1° Obliging it to record in the hands of a public accountant an amount corresponding to the amount of work to be performed before a date it determines. The amount recorded shall be returned to the operator or owner as the work is performed. In the absence of completion of work prior to the deadline set by the administrative authority, the sum recorded is definitively acquired to the State in order to pay the expenses caused by the execution of work in place of the person concerned.
"This amount has a privilege of the same rank as that provided for in section 1920 of the General Tax Code. It is carried out its recovery as in respect of claims of the foreign state to tax and the estate. The accountant may initiate the notice procedure to third-party holders provided for in Article L. 263 of the Tax Procedures Book;
« 2° to carry out the prescribed measures on an ex officio basis, in place of the operator or, failing that, the owner and his or her expenses;
« 3° Suspend the operation of the facilities or works, the completion of the work or the exercise of the activities until the execution of the conditions imposed and take the necessary precautionary measures, at the expense of the operator or owner.
"Art. L. 216-1-1. - Where facilities or works are operated or work or activities are carried out without the authorization or declaration required by section L. 214-3, the administrative authority shall maintain the operator or, failing that, the owner to regularize his or her situation within a period determined by filing, as the case may be, an application for authorization or a declaration. It may, by reasoned order, enact precautionary measures and, after having invited the interested party to make its observations known, suspend the operation of the facilities or works or carry out the work or activities until the filing of the declaration or until the decision on the application for authorization.
"If the operator or, failing that, the owner does not defer to the condition of regulation or if the application for authorization is rejected, the competent authority shall order the closure or removal of the facilities or works, the termination of the work or activities. If the operator or, failing that, the owner did not obtain the required time, the competent authority shall apply the procedures set out in 1° and 2° of Article L. 216-1.
"The administrative authority, after having previously informed the prosecutor of the Republic, may, by a law enforcement officer, cause the seal to be affixed to facilities, works or materials used for work or activities, maintained in operation, or in violation of a measure of suppression, closure or suspension pursuant to sections L. 214-3 and L. 216-1 or the first two paragraphs of this section, notwithstanding the refusal of authorization.
"Art. L. 216-2. - Decisions made pursuant to this section may be referred to the administrative jurisdiction under the conditions set out in Article L. 514-6. »
I. - Article L. 216-3 of the Environmental Code is amended as follows:
1° In the first paragraph, after the reference: "L. 211-12," the words are inserted: "From II of Article L. 212-5-1 and Articles", and after the reference: "L. 214-13," the references are inserted: "L. 214-17, L. 214-18,";
2° At the end of the second paragraph (1°), the words "competition, consumption and repression of fraud" are deleted.
II. - The second sentence of the first paragraph of Article L. 216-4 of the same code is replaced by two sentences as follows:
"These officers may consult any document that is relevant to the investigation and finding of offences. Owners and operators are required to pass through and forward these documents to them. »
III. - After the first paragraph of the same article L. 216-4, a sub-item is inserted as follows:
"The state administrations and the territorial authorities, the concessionary enterprises of a public person and the organizations of any kind subject to the control of the administrative authority shall, at his request, communicate to him the documents they hold which are necessary for the search and recognition of the offences referred to in the first paragraph, without being able to oppose professional secrecy. »
IV. - In the first paragraph of Article L. 216-5 of the same code, after the reference: "L. 211-12," the words are inserted: "From II of Article L. 212-5-1 and Articles" and, after the reference: "L. 214-13," the references are inserted: "L. 214-17, L. 214-18."
V. - Article L. 216-7 of the same code is as follows:
"Art. L. 216-7. - Is punished by 12,000 fines:
« 1° To exploit a work that does not comply with the provisions of 2° I of Article L. 214-17, necessary to ensure the circulation of migratory fish;
« 2° Not to comply with the minimum flow provisions of Article L. 214-18;
« 3° Failure to comply with the requirements set out in the declarative act of public utility provided for in Article L. 214-9, without prejudice to the liability of the affected debit recipient. »
VI. - In the first paragraph of Article L. 216-9 of the same code, after the reference: "L. 216-6", the reference is inserted: ", L. 216-7".
I. - Order No. 2005-805 of 18 July 2005 on simplification, harmonization and adaptation of water and aquatic environment, fisheries and waste disposal is ratified.
II. - Section III L. 214-6 of the Environmental Code is supplemented by a paragraph to read as follows:
"Beyond 31 December 2006, the information referred to in the first paragraph of this III may be received and considered by the administrative authority. If proof is provided of the regularity of the situation of the facility, work or activity on the date on which it was subject to authorization or declaration by the effect of an order made under section L. 214-3, if the operation has not ceased for more than two years and if such operations do not pose a serious danger or disadvantage to the interests mentioned in section L. 211-1. »
III. - In the first paragraph of Article L. 216-10 of the same code, after the words: "in violation" are inserted the words: "in opposition to an operation subject to declaration."
IV. - After article L. 216-13 of the same code, an article L. 216-14 is reinstated as follows:
"Art. L. 216-14. - The administrative authority may, as long as the public action has not been put in motion, transfer on the prosecution of contraventions and offences constituted by the offences set out in chapters I to VII of this title and the texts taken for their application after the approval of the public prosecutor.
"This faculty is not applicable to contraventions of the first four classes for which public action is extinguished by the payment of a lump sum fine pursuant to section 529 of the Code of Criminal Procedure.
"The proposed transaction is based on the circumstances of the offence, the personality of its author, and its resources and expenses. It specifies the transactional fine that the perpetrator of the offence will have to pay, the amount of which cannot exceed 20% of the amount of the fine incurred and, where applicable, the obligations imposed on him, to discontinue the offence, to avoid its renewal or to repair the damage. It also sets the deadlines for payment and, where applicable, the fulfilment of obligations.
"The act by which the Public Prosecutor agrees to the proposed transaction is interrupted by the requirement of public action.
"Public action is extinguished when the perpetrator of the offence has performed the obligations resulting from the acceptance of the transaction within the specified time limits.
"The modalities for the application of this article are, as necessary, fixed by decree in the Council of State. »
V. - Article L. 331-25 of the same code is amended as follows:
1° In the first paragraph, after the words: "The director of the public establishment of the national park can" are inserted the words: ", as long as public action has not been put into motion,"
2° After the second paragraph, three sub-items are inserted:
"The proposed transaction is based on the circumstances of the offence, the personality of its author, and its resources and expenses. It specifies the transactional fine that the perpetrator of the offence will have to pay, the amount of which cannot exceed 20% of the amount of the fine incurred and, where applicable, the obligations imposed on him, to discontinue the offence, to avoid its renewal or to repair the damage. It also sets the deadlines for payment and, where applicable, the fulfilment of obligations.
"The act by which the Public Prosecutor agrees to the proposed transaction is interrupted by the requirement of public action.
"Public action is extinguished when the perpetrator of the offence has performed, within the specified time limits, the obligations resulting from the acceptance of the transaction. »
VI. - Article L. 437-14 of the same code is amended as follows:
1° In the first paragraph, the words: "the administrative authority responsible for freshwater fishing has the right to transfer" are replaced by the words: "the administrative authority may, as long as public action has not been put in motion, transfer";
2° After the second paragraph, two sub-items are inserted:
"The proposed transaction is based on the circumstances of the offence, the personality of its author, and its resources and expenses. It specifies the transactional fine that the perpetrator of the offence will have to pay, the amount of which cannot exceed 20% of the amount of the fine incurred and, where applicable, the obligations imposed on him, to discontinue the offence, to avoid its renewal or to repair the damage. It also sets the deadlines for payment and, where applicable, the fulfilment of obligations.
"The act by which the Public Prosecutor agrees to the proposed transaction is interrupted by the requirement of public action. »
I. - Article L. 432-3 of the Environmental Code is thus restored:
"Art. L. 432-3. - The destruction of the frayers or areas of growth or feeding of the fishermen fauna is punishable by 20,000 euros of fine, unless it results from an authorization or declaration whose requirements have been met or emergency work carried out in order to prevent a serious and imminent danger.
"A decree in the Council of State sets out the criteria for the definition of spawning and areas referred to in the first paragraph, the modalities for their identification and updating by the administrative authority, as well as the conditions under which departmental or interdepartmental federations of approved associations for the fisheries and protection of the aquatic environment are consulted.
"The court may also order the publication of an extract from the judgment at the expense of the perpetrator of the offence in two newspapers it designates. »
II. - Article L. 432-4 of the same code is supplemented by a paragraph as follows:
"The court may also order measures to restore the aquatic environment in its pre-crime state or to create an equivalent environment. »
Article L. 214-3 of the Environmental Code is supplemented by a paragraph to read as follows:
"The departmental or interdepartmental federation of fishing and aquatic environment associations as well as departmental or interdepartmental associations of professional freshwater fishing shall be kept informed of the authorizations relating to works, works, activities and facilities that destroy the frayers or areas of growth or feeding of the fish fauna. »
I. - In the second paragraph (1°) of Article L. 435-1 of the Environmental Code, after the words: "In the public domain", the words "of the State" are inserted.
II. - Article L. 435-5 of the same code is as follows:
"Art. L. 435-5. - When the maintenance of a non-domestic watercourse is financed mainly by public funds, the right of fishing of the riparian owner is exercised, excluding the courses adjoining the dwellings and gardens, free of charge, for a period of five years, by the fishing association and protection of the aquatic environment approved for this section of watercourse or, if not, by the departmental or interdepartmental federation of the approved associations of the aquatic environment
"In the free fishing exercise period, the owner retains the right to practise fishing for himself, his spouse, his or her ascendants and his or her descendants.
"The modalities for the application of this article are defined by decree in the Council of State. »
I. - Article L. 436-9 of the Environmental Code is as follows:
"Art. L. 436-9. - The administrative authority responsible for freshwater fishing may, at any time, authorize the capture, transport or sale of fish, for sanitary, scientific and ecological purposes, in particular to enable the rescue, enumeration, reproduction, promote repopulation and remedy biological imbalances. »
II. - Section L. 432-11 of the same code is repealed.
III. - Article L. 431-7 of the same code is amended as follows:
1° In the first paragraph, the reference: "L. 432-11" is replaced by the reference: "L. 436-9";
2° After the word: "domanial", the end of the third paragraph (2°) is thus written: "not included in the list provided for in 2° I of Article L. 214-17; "
I. - Articles L. 436-14 to L. 436-16 of the Environmental Code are as follows:
"Art. L. 436-14. - The commercialization of fish belonging to the species listed on the list of 2° of Article L. 432-10 is permitted when it is possible to justify its origin.
"The sale of these fish without justification for their origin is punished by 3,750 fines.
"Art. L. 436-15. - The fact, for any person, of selling the product of his fishing without having the quality of professional freshwater fisherman is punished by 3,750 EUR fine.
"The fact of knowingly buying or marketing the fishery product of a person who does not have the quality of a professional freshwater fisherman is punishable by the same penalty.
"Art. L. 436-16. - Is punishable by a fine of 22,500:
« 1° To fish species whose list is set by decree in an area or period where their fishing is prohibited;
« 2° To use for the fishing of these same species any equipment, instrument or apparatus prohibited or to practice any fishing mode prohibited for these species;
« 3° Hold an equipment, instrument or apparatus that is suitable for the fishing of these same species at a time and in an area or in the immediate vicinity of an area where their fishing is prohibited, excluding those stored in premises declared to the administrative authority;
« 4° To sell, to sell, to transport, to pass or to buy these same species, when they are known to come from fishing acts performed under the conditions mentioned in 1°;
« 5° For an amateur fisherman, carry the carps more than 60 centimetres alive. »
II. - After article L. 436-16 of the same code, an article L. 436-17 is inserted as follows:
"Art. L. 436-17. - Individuals who are guilty of an offence under sections L. 436-14, L. 436-15 or L. 436-16 shall be liable for the additional confiscation of the thing that served or was intended to commit the offence or the thing that is the product provided for in section 131-21 of the Criminal Code. »
I. - Articles L. 5121-1 and L. 5261-1 of the general public property code are as follows:
"Art. L. 5121-1. - In the departments of Guadeloupe, Guyana, Martinique and La Réunion, subject to the rights regularly acquired by users and landlords on 6 April 1948 and validated before 6 April 1953:
« 1° Sources and, by derogation from Article 552 of the Civil Code, groundwater is part of the public domain of the State;
« 2° Watercourses and natural lakes, subject to declassification, are part of the fluvial public domain defined in Article L. 2111-7 of this code. »
"Art. L. 5261-1. - Subject to the rights regularly acquired by users and owners on 30 September 1977 and validated before 30 September 1982:
« 1° Sources and, by derogation from Article 552 of the Civil Code, groundwater is part of the public domain of the State;
« 2° Watercourses and natural lakes, subject to declassification, are part of the fluvial public domain defined in Article L. 2111-7 of this code. »
II. - Article L. 5211-1 of the same code is amended as follows:
1° 2° is thus written:
"2° L. 2111-15, L. 2124-16 to L. 2124-25, L. 2124-27, L. 2124-28, L. 2124-31, L. 2132-12, L. 2132-18, L. 2141-2, L. 2141-3, L. 2222-3, L. 2222-4 and L. 2222-23;"
2° In the 3rd, the references: "L. 3113-1 to L. 3113-4" are deleted;
3° In the 5th, the words: ", except articles L. 5121-3 to L. 5121-5" are deleted.
After the eleventh paragraph of section 1 of Act No. 2004-803 of 9 August 2004 relating to the public service of electricity and gas and the electrical and gas industries, a paragraph is inserted as follows:
" - where applicable, the modalities for the implementation of a coordinated management of hydroelectric works within the framework of the water development and management frameworks. »
Article L. 211-1 of the Environmental Code is amended as follows:
1° I is thus modified:
(a) After the word "balanced", the end of the first paragraph is thus written: "and sustainable water resources; this management takes into account the necessary adaptations to climate change and aims to ensure: »
(b) At the beginning of the 1st, the words are inserted: "The prevention of floods and";
(c) In the fifth paragraph (4°), after the words: "Development", are inserted the words: ", mobilization, creation";
(d) Before the last paragraph, it is inserted a 6° as follows:
« 6° Promoting effective, efficient and sustainable use of water resources. » ;
2° The second is thus written:
“II. - Balanced management should give priority to meeting the health, public safety, civil safety and drinking water requirements of the population. It shall also allow to satisfy or reconcile, in the various uses, activities or works, the requirements:
« 1° The biological life of the receiving environment, and especially of the fish and conchyliculture fauna;
« 2° Conservation and free flow of water and flood protection;
« 3° Agriculture, fisheries and marine crops, freshwater fishing, industry, energy production, in particular to ensure the safety of the electrical system, transport, tourism, protection of sites, leisure and water sports as well as all other legal human activities. »
I. - Article L. 211-3 of the Environmental Code is amended as follows:
1° The b of the 4th is thus written:
"(b) Establish, under the conditions provided for in Article L. 114-1 of the Rural Code, a programme of actions to restore, preserve, manage and develop in a sustainable manner the areas defined in this Article; »
2° The c of the 4th is repealed;
3° A 5° and 6° are added:
« 5° Delimit, where applicable after they have been identified in the plan for the development and sustainable management of the water resource and the aquatic environment provided for in section L. 212-5-1, areas where it is necessary to ensure the quantitative and qualitative protection of the feeding areas of the drinking water catches of particular importance for the current or future supply, as well as areas in which the erosion diffuses
« 6° Delimiting the perimeters in which water removal authorizations for irrigation are issued to a single organism on behalf of all irrigation pre-harves. In the water distribution areas, the administrative authority may establish that body on its own. »
II. - The same article L. 211-3 is supplemented by a III as follows:
"III. - A decree in the Council of State determines:
« 1° The rules for ensuring the safety of hydraulic works other than the works granted under the Act of 16 October 1919 on the use of hydraulic energy. These rules relate to the procedures for the monitoring of works by the owner or operator and may provide for the intervention, at the expense of the owner or operator, of approved bodies;
« 2° The terms and conditions under which the administrative authority conducts the accreditation of the organizations and ensures that the rules referred to in 1° are respected;
« 3° The conditions under which the administrative authority may apply to the owner or operator of a work referred to in section L. 214-2 of this Code or subject to the Act of 16 October 1919 referred to above, the presentation of a hazard study that sets out the risks to public safety, directly or indirectly in the event of an accident, whether the cause is internal or external to the work. This study takes into account the probability of occurrence, kinetics and severity of potential accidents according to a methodology that it makes explicit. It defines and justifies measures to reduce the likelihood and effects of such accidents;
« 4° The conditions under which the owner or operator of a work referred to in the 3rd set up appropriate signalling to ensure the safety of the movement of non-motorized watercraft;
« 5° The conditions under which a list of the works mentioned in the 3° is established and updated, for which a suitable layout is put in place to enable them to cross or bypass to ensure the safe circulation of non-motorized watercraft. »
Chapter III of Book II title I of the Environmental Code is thus amended:
1° Sections 4 and 5 are repealed;
2° Section 6 becomes section 4, section L. 213-10 becomes section L. 213-12 and, in the second paragraph of this article, the references: "L. 5721-1 to L. 5721-8" are replaced by the references: "L. 5711-1 to L. 5721-9";
3° Section 7 becomes section 5 and its title is as follows: "Board committees and water offices of overseas departments";
4° Section 6 is reinstated as follows:
“Section 6
« Standing Technical Committee on Dams
and hydraulic works
"Art. L. 213-21. - A permanent technical committee for dams and hydraulic works is established. At the request of the minister concerned, the committee shall give its opinion on any issue relating to the safety of dams and hydraulic works. The expenses resulting from the operation of this committee for the examination of a particular project or work are borne by the master of the particular work.
"Art. L. 213-22. - A decree in the Council of State specifies the conditions for the application of this section, including the constitution, mode of operation and the works submitted to the advice of the Standing Technical Committee on Dams and Hydraulic Works. »
After the second paragraph of Article L. 1321-2 of the Code of Public Health, a sub-paragraph is inserted as follows:
"When land within an immediate protection perimeter is owned by a public community, it may be derogated from the requirement to acquire the lands referred to in the first paragraph by the establishment of a management agreement between the proprietary public authorities and the public intercommunal cooperation institution or the public community responsible for the capture. »
At the end of the first sentence of the first paragraph of section 18 of the Act of 22 July 1912 on the remediation of private channels, the words: "a liquidator appointed by court decision at the request of the prefect" are replaced by the words: "prefectural order".
Order No. 2004-632 of 1 July 2004 on trade union associations of owners is amended as follows:
1° In the first paragraph of Article 1, after the word: "works", are inserted the words: ", as well as actions of common interest,"
2° In the first paragraph of Article 15, the words "notified to the owners mentioned in the third paragraph of Article 12 and transmitted to the Mortgage Conservation Office" are replaced by the words "and notified to the owners mentioned in the third paragraph of Article 12";
3° The second paragraph of Article 21 is as follows:
"A member of the union can be represented under conditions defined by decree in the Council of State. » ;
4° The first sentence of Article 29 is as follows:
"With the exception of the works carried out, if any outside of its scope, on the public domain of a public person, the authorized trade union association is the owner of the works it performs as a master of work within the framework of its statutory object and, as such, maintains it. » ;
5° After the fifth paragraph of Article 47, three subparagraphs are inserted:
"A proposal for a statutory amendment concerning the purpose of a union, the withdrawal or accession of a union association to the union may be presented at the initiative of the union union or a member of the union. A trade union association authorized or constituted by office may also apply for membership by deliberation of its assembly of owners under the conditions of majority provided for in Article 14. When a trade union association is not at the initiative of an application for membership or withdrawal of the union concerning it, this statutory amendment is subject to the agreement of the assembly of the owners of that association under the same conditions of majority.
"The administrative authority may authorize, by act published and notified under the conditions provided for in Article 15, the statutory amendment after agreement of the trade unions of the member associations. This agreement must be expressed by at least two thirds of the unions of the member associations representing at least half of the perimeter of the union or by at least half of the unions of the member associations representing at least two thirds of the perimeter of the union.
"A union may be dissolved by act of the administrative authority, at the request of trade union associations members of the union who pronounce themselves under the conditions of majority set out in the preceding paragraph. » ;
6° Section 54 is amended as follows:
(a) II is supplemented by the words: "who is arrested by the competent administrative authority in the department of Isère";
(b) In the III, the words: "on the basis of the law of 27 July 1930 and the subsequent texts and handed over to it, either by one of its members, or by the State, or by any other owner" are replaced by the words: "either by one of its members, or by the State, or by any other master of public works, which are obligatoryly handed over to it"
7° The title of chapter IV, section 4, of title VI is as follows: "Amendment of initial conditions and dissolution";
8° Article 57 reads as follows:
"Art. 57. - I. - A proposal for a statutory amendment may be submitted, particularly at the initiative of the prefect.
"Requests for membership of new members are submitted to the General Assembly. When the statutes have not provided for a specific procedure, the new memberships are decided by a two-thirds majority of the votes of the members composing the association.
"However, the proposal for a statutory amendment is submitted to the committee, when the proposed membership carries an extension of the scope on a surface not exceeding a percentage defined by the decree in the Council of State provided for in Article 62.
"The General Assembly shall decide on other statutory amendments under the conditions provided for by the statutes.
"The authorization to amend the statutes may be issued by act of the administrative authority published and notified under the conditions of section 15.
“II. - The dissolution of the departmental association can only be decided by the administrative authority. It can only be pronounced on the condition that another public person substitutes for the association in the exercise of his or her duties. » ;
9° The last two sentences of the last paragraph I of Article 60 are replaced by a sentence as follows:
"With the exception of that of free trade union associations, compliance shall be approved by an act of the administrative authority or, if it is not approved, and after reinstatement shall be addressed to the president of the association and shall remain without effect upon the expiration of a period of three months, the administrative authority shall make the necessary statutory amendments ex officio. »
After Article 5 of the Law of 7 July 1881, which declares public utility the execution of the Manosque Canal, it is inserted a section 5 bis as follows:
"Art. 5 bis. - The statutes of the union association manager of the canal, set by decree in the Council of State pursuant to Article 4, may be amended by decree of the representative of the State in the department. This Order sets out the statutes of the Association in accordance with Order No. 2004-632 of 1 July 2004 relating to trade union associations of owners subject to modifications that would be necessary in the light of the particularities of the work and the legislative provisions applicable to it. »
2° of Article 1 of the Law of 8 May 1926 amending the Law of 7 July 1881 is thus written:
« 2° No real right, sale, exchange, constitution of servitude, mortgage can be instituted on the plate of the channel by deliberation of the union without the prior consent of the representative of the State in the department. »
I. - After Article L. 214-4 of the Environmental Code, an article L. 214-4-1 is inserted as follows:
"Art. L. 214-4-1. - I. - Where a hydraulic work whose existence or operation is subordinate to an authorization or concession presents a danger to public safety, public utility servitudes relating to the use of the soil may be instituted, both on the occasion of the application for authorization or concession and after the granting of the land.
“II. - The easements provided for in I include, as necessary:
« 1° The limitation or prohibition of the right to implement constructions or works and to establish campgrounds or caravan parking sites;
« 2° Subordination of building authorizations to comply with technical requirements to limit the danger of exposure of human lives to submersion.
"III. - The easements in I take into account the probability of occurrence, kinetic, nature and intensity of the risks involved and may, within the same perimeter, apply in a modulated manner. They cannot compel the demolition or abandonment of existing constructions built in accordance with the legislative and regulatory provisions in force before the institution of servitudes.
"IV. - The scope and content of the servitudes provided for in I are subject to public investigation.
"These servitudes are annexed to the local plan of urban planning under the conditions provided for in Article L. 126-1 of the urban planning code.
"They are only compensable if they result in direct, material and certain harm. »
II. - After section 28 of the Act of 16 October 1919 on the use of hydraulic energy, it is inserted a 28 bis article as follows:
"Art. 28 bis. - The provisions of the standard terms of reference set out in 3° of Article 28 relating to the security and safety of the books and their amendments shall apply in full right to the current administrative titles without their holder being entitled to compensation for this reason. »
After the article L. 427-10 of the Environmental Code, a section 4 is inserted as follows:
“Section 4
« Safety of hydraulic works
"Art. L. 427-11. - Subject to the provisions of sections L. 411-1 and L. 411-2, the owner or manager of a public safety hydraulic work may cause the destruction of unfavourable or harmful animals in this work and threatening its stability, under the conditions defined by articles L. 427-6 and L. 427-8. »
I. - The first sentence of Article L. 214-7 of the Environmental Code is supplemented by the words ", as well as the measures taken pursuant to the decrees provided for in 1° of II of Article L. 211-3".
II. The first paragraph of Article L. 214-8 of the Environmental Code is supplemented by a sentence as follows:
"When water is pumped, the measurement is carried out using a water meter. »
III. - The last paragraph of Article L. 214-8 of the same code is deleted.
At the beginning of the first sentence of the first paragraph of Article 16 bis of the Act of 16 October 1919 referred to above, are added the words: "The authorized mixed economy societies and".
I. - Within the limit of 40 million euros, until 31 December 2007, the major natural hazard prevention fund referred to in Article L. 561-3 of the Environmental Code contributes, in the form of competition funds to the State, to the financing of studies and work to prevent major natural risks and to the protection of inhabited places against floods, carried out or subsidized by the State. This funding relates only to expenses incurred by the State before 1 January 2007. One or more Orders of Ministers responsible for the economy and finance and the environment set out the list of financed transactions and the amount of the payment of related competition funds.
II. - Section 128 of the Financial Law for 2004 (No. 2003-1311 of 30 December 2003) is thus written:
"Art. 128. - Within the limit of 55 million euros per year, and until 31 December 2012, the major natural hazard prevention fund referred to in Article L. 561-3 of the Environmental Code can contribute to the financing of studies and work to prevent or protect against natural hazards that the territorial authorities or their groupings provide control of work in municipalities covered by a prescribed or approved risk prevention plan.
"The maximum response rate is 50% for studies, 40% for prevention work and 25% for protection work. »
Article L. 522-8 of the Environmental Code is amended as follows:
1° In the I, after the words: "Article L. 522-2", the words are inserted: ", when applying for the registration of a biocide active substance on the community lists referred to in the first paragraph of Article L. 522-3,";
2° It is added an IV as follows:
"IV. - The market leader shall make available to the administrative authority the quantities of products on the market. A decree specifies how to make this information available. »
I. - After Article L. 522-14 of the Environmental Code, two articles L. 522-14-1 and L. 522-14-2 are inserted as follows:
"Art. L. 522-14-1. - The conditions for the exercise of the activity of sale or making available to the user, either expensive or free, in any form, of certain categories of biocide products which, because of the serious risks they represent for man and the environment, can be regulated on a list defined by decree in the Council of State.
"Art. L. 522-14-2. - The conditions for the professional application of biocide products may be regulated in order to prevent risks to humans and the environment likely to result from this activity. »
II. - Section 4 of chapter II of title II of book V of the same code is supplemented by an article L. 522-19 as follows:
"Art. L. 522-19. - People who market biocide products are required to report these products to the Minister of the Environment by July 1, 2008, and prior to the first market release if it is after that date. A decree in the Council of State sets out the terms of this declaration and the mentions to be placed on the packaging of products, once they are declared. This section does not apply to products with a marketing authorization issued under section L. 522-4. »
I. - Article L. 254-1 of the rural code is amended as follows:
1° After the words: "an approval", the words are inserted: "and the keeping of a register";
2° It is added a paragraph to read:
"The agents authorized under section L. 215-1 of the Consumer Code have access to the register referred to in the preceding paragraph. »
II. - Article L. 253-8 of the rural code is amended as follows:
1° It is added a II as follows:
“II. - It provides the administrative authority with the quantities of products on the market. A decree specifies how to make this information available. » ;
2° The first paragraph is preceded by the words "I. -".
I. - Article L. 253-7 of the rural code is supplemented by a sub-paragraph as follows:
"They must not contain any mentions that can give an exaggeratedly secure image or nature to banish their use. »
II. - In the first paragraph of Article L. 253-17 of the same code, the word "or" is replaced by the word "and".
III. - Article L. 253-1 of the same code is supplemented by a paragraph as follows:
"These provisions do not apply to natural preparations of little concern, which are governed by a simplified procedure, as well as the definition of these preparations by decree. »
After the first sentence of the second sentence of article L. 253-14 of the rural code, it is inserted a sentence as follows:
"It is also qualified to conduct the search for and the finding of offences under the provisions of Article L. 253-1, the agents mentioned in 1°, 2°, 5° and 9° of I of Article L. 216-3 of the Environmental Code in the exercise of their functions or responsibilities. »
After Article L. 211-5 of the Environmental Code, an article L. 211-5-1 is inserted as follows:
"Art. L. 211-5-1. - As part of the fight against accidental water pollution, the State may approve one or more bodies specialized in the research, experimentation and implementation of the means to combat such pollution in order to entrust them with missions of general interest of expertise and support to the authorities.
"The approvals issued under this article may be withdrawn when the organizations no longer meet the conditions that have led to the issuance of the approvals. »
After Article L. 218-81 of the Environmental Code, a section 8 is inserted as follows:
“Section 8
“Control and management provisions
ballast and ship sediments
"Art. L. 218-82. - The purpose of this section is to prevent, reduce and ultimately eliminate the movement of harmful and pathogenic aquatic organisms through the control and management of ballast water and ship sediments.
"Art. L. 218-83. - Ships of a gross tonnage equal to or greater than 300 units of the universal measurement system entering French territorial or internal waters are required, when they come from an area outside the international coasting area or from an area expressly designated by the competent administrative authority:
" - be attested by means of the documents on board that they have made an exchange of more than 95% of their ballast water in international waters, or that they have conducted the biological neutralization of ballast water and sediment produced by means of onboard equipment approved by the competent administrative authority, in particular given their technical and environmental efficiency;
" - to attest that the characteristics of the ship and the conditions of the port of call will not lead them to deballaster within the French territorial or internal waters.
"The conditions for the application of this article and, in particular, the competent administrative authorities are specified by decree.
"Art. L. 218-84. - The failure of the master of a vessel to comply with the obligations set out in section L. 218-83 or to produce a false certificate shall be punished by a fine of EUR 300,000.
"Art. L. 218-85. - The competent court may, in the light of the factual circumstances and in particular the working conditions of the person concerned, decide that the payment of the fines imposed against the master or the official on board pursuant to section L. 218-84 is in whole or in part to the responsibility of the operator or owner.
"The court may only use the faculty set out in the preceding paragraph if the owner or operator has been summoned to appear at the hearing.
"Art. L. 218-86. - Sections L. 218-83 to L. 218-85 do not apply:
« 1° Ships in situations of difficulty or avarie that may affect the safety of the vessel, the safety of the crew or on board, and the protection of the marine environment or in an emergency that endangers or endangers the sea;
« 2° To war vessels and other vessels belonging to the State or to a foreign State or operated by the State or a foreign State and assigned exclusively to a non-commercial service. »
I. - In the I and II of Article L. 414-1 of the Environmental Code, the word "marine" is replaced by the word "marine".
II. - The V of the same article is amended as follows:
1° In the second paragraph, the words "owners and operators of land" are replaced by the words "owners, operators and users of land and spaces";
2° In the first sentence of the third paragraph, the words "cultural and cultural" are replaced by the words ", cultural and defence";
3° In the third sentence of the third paragraph, the words: "in relation to the objectives referred to in the above paragraph" are replaced by the words: "on the maintenance or recovery in a favourable state of conservation of these natural habitats and species";
4° At the beginning of the last sentence of the third preambular paragraph, the words "fishing" are inserted;
5° In the last sentence of the third paragraph, the word "pisciculture" is replaced by the word "aquacultures";
6° In the last paragraph, after the words: "national parks" are inserted the words: "to marine natural parks".
III. - Article L. 414-2 of the same code is amended as follows:
1° In the second paragraph of I, the words "developed and" are deleted;
2° In the second paragraph of paragraph II, the words: " and land operators" are replaced by the words: ", land operators and users";
3° In the first sentence of IV, the word "established" is replaced by the word "developed";
4° The V is repealed and the VI becomes a V;
5° A VI, a VII, an VIII and an IX are added to this text:
"VI. - Notwithstanding any provisions to the contrary, when the site is fully included in a field under the Ministry of Defence, the administrative authority presides over the Natura 2000 steering committee, sets out the objective document and follows its implementation in association with the steering committee.
« VII. - When the site is predominantly located within the heart of a national park and by derogation from the II to V, the public establishment responsible for the management of the park sets the objective document and follows its implementation.
« VIII. - When the site is predominantly located within the perimeter of a marine natural park and by derogation from II to V, the management board provided for in section L. 334-4 develops the objective document and follows its implementation. The public park management institution approves the objective document.
"Subject to the previous paragraph and by derogation from III to V, where the site mostly includes marine spaces, the administrative authority shall prepare the objective document and follow its implementation in association with the Natura 2000 steering committee. The chair of the steering committee is provided by the administrative authority which may entrust it to a representative of a territorial community or a group designated by his care.
« IX. - In all cases, no measures for the conservation or recovery of natural habitats and species that have justified the designation of the Natura 2000 site may be included in the objective document without the prior agreement of the military authority when this measure is likely to affect the execution of military policy within the meaning of Article L. 1142-1 of the Defence Code. »
IV. - Article L. 414-3 of the same code is amended as follows:
1° In the first sentence of the first paragraph of the I, after the words: "in the site" are inserted the words: "as well as the professionals and users of the marine spaces located in the site";
2° In the first sentence of II, after the words: "in the site" are inserted the words: "as well as the professionals and users of the marine spaces located in the site";
3° The last sentence of II is deleted.
V. - In the III of Article L. 331-14 of the same code, the words "sea space" are replaced by the words "the marine environment".
I. The title V of Book II of the Rural Code is supplemented by a chapter VI as follows:
“Chapter VI
“Rules relating to materials
to the application of phytopharmaceutical products
"Art. L. 256-1. - Materials for the application of phytopharmaceutical products listed in Article L. 253-1 of this Code and biocide products defined in Article L. 522-1 of the Environmental Code comply with requirements to reduce environmental and public health risks, if sold, new or used, by a machinism professional to be used in national territory.
"The offences against these requirements are sought and found by the agents and under the conditions mentioned in Article L. 254-8 of this Code. They have the powers provided for in Book II of the Consumer Code.
"People found guilty of the offences under this section and the texts taken for its application shall reimburse, at the request of the administrative authority, the costs of sampling, transportation, analysis or testing exposed to the search and finding of these offences.
"The fact, for the person responsible for the first marketing on the national territory, of attesting to the conformity of a material not in accordance with the requirements of the first paragraph shall be punished by a fine, the amount of which shall be determined by Article L. 213-1 of the Consumer Code.
"Art. L. 256-2. - The materials referred to in Article L. 256-1 are subject to mandatory control every five years, the financing of which is the responsibility of the owner, to ensure their proper functioning.
"The inspection bodies responsible for this inspection, as well as the inspectors' training centres carrying out this control, are approved by the administrative authority. This approval is issued and may be withdrawn on the basis of a technical notice issued by a body designated by a decree. The decree also specifies its missions and the amount of money paid to that body, to cover the costs incurred by these missions.
"The officers qualified to search for and determine the offences of these provisions and the texts taken for their application are the agents referred to in Article L. 251-18 of this Code and the agents listed in 1° and 2° I of Article L. 216-3 of the Environmental Code.
"Art. L. 256-3. - A decree specifies the conditions for the application of this chapter. »
II. - Article L. 251-19 of the same code is amended as follows:
1° In the first paragraph, after the reference: "L. 251-14", the words are inserted: "and, as part of the search for offences under article L. 256-2 and the texts taken for its application, the agents mentioned in that same article";
2° The fifth preambular paragraph reads as follows:
"In the context of inspections and phytosanitary controls, they can also collect samples of plants, plant products and other objects to verify that they are compensated by pests. »
I. - Section L. 1332-1 of the Public Health Code is amended as follows:
1° The first paragraph is as follows:
"Every person who makes the installation of a swimming pool, an artificial bathing or the development of a swimming pool, public or private for collective use, must make it, before the opening, the declaration to the town hall of the place of its establishment. » ;
2° In the second paragraph, the words: "the decree mentioned in article L. 1332-4" are replaced by the words: "the decrees mentioned in articles L. 1332-7 and L. 1332-8".
II. - The same article L. 1332-1 is supplemented by a subparagraph as follows:
"The commune shall, each year, identify all bathing waters within the meaning of the provisions of Article L. 1332-2, whether or not they are fitted, for the first time before the beginning of the first seaside season that follows a date fixed by decree. The commune encourages public participation in this census. »
III. - Articles L. 1332-2, L. 1332-3 and L. 1332-4 of the same code become articles L. 1332-4, L. 1332-5 and L. 1332-7 of the same code respectively.
IV. - Articles L. 1332-2 and L. 1332-3 of the same code are thus restored:
"Art. L. 1332-2. - Under this chapter, is defined as bathing water any part of the surface water in which the commune expects a large number of people to swim and in which the competent authority has not prohibited swimming permanently. Not considered bathing water:
" - swimming and healing basins;
" - captive waters that are subjected to treatment or are used for therapeutic purposes;
" - artificial captive waters separated from surface waters and groundwater.
"Art. L. 1332-3. - is considered to be a person responsible for bathing water declaring the bathing according to the provisions of Article L. 1332-1, or, if not declaring, the municipality or grouping of competent territorial authorities in the territory of which the bathing water is located.
"The person responsible for bathing water, under the control of the State representative in the department:
" - defines the duration of the seaside season;
" - develops, revises and updates the bathing water profile, which includes a census and assessment of possible sources of bathing water pollution that may affect the health of swimmers, and specifies actions to prevent the exposure of swimmers to pollution risks;
" - establishes a quality monitoring program for each bathing water, before the beginning of each seaside season;
" - takes the realistic and proportionate measures it considers appropriate, with a view to improving the quality of bathing water that would not conform to the sanitary standards defined in Article L. 1332-7;
" - analyzes the quality of bathing water;
" - ensures the provision of information to the public, regularly updated, on the quality of bathing water and its management, and encourages public participation in the implementation of previous provisions;
" - informs the mayor of the holiday season of bathing water, its profile and the modalities of information and public participation. »
V. - Article L. 1332-4 of the same code, as it results from the III, is amended as follows:
1° The words: "bath arranged" are replaced by the words: "bath water";
2° Two subparagraphs are added:
"The bathing water manager and the mayor by reason may decide on the preventive and temporary closure of the bathing site in the event of danger that may affect the health of bathers, subject to inform the public of the causes and duration of the closure.
"In the event of non-observance of the provisions set out in sections L. 1332-1, L. 1332-3, this section and sections L. 1332-7 and L. 1332-8 or of the individual regulations and decisions made for their application, the competent administrative authority shall place the person responsible for the swimming pool, artificial bathing or bathing water concerned within a specified period of time. »
VI. - Article L. 1332-5 of the same code, as the result of the III, is supplemented by a paragraph thus written:
"The assessment of quality, the classification of bathing water and health control are carried out by the representative of the State in the department, especially on the basis of the analyses carried out. »
VII. - After article L. 1332-5 of the same code, as it results from the III, an article L. 1332-6 is inserted as follows:
"Art. L. 1332-6. - The fees for the obligations of the person responsible for bathing water provided for in section L. 1332-3 and the health control under the conditions defined in section L. 1321-5 shall be borne by that person.
"Departments may participate financially in bathing water management operations, including the development of bathing water profiles, the monitoring and information and public participation program, carried out by the municipality or grouping of competent territorial authorities. »
VIII. - Article L. 1332-7 of the same code, as derived from the III, is thus written:
"Art. L. 1332-7. - The terms and conditions for the application of this chapter on bathing water are determined by decree, including:
« 1° The sanitary rules to which bathing waters must be satisfied, in particular according to the nature, use and attendance of the facilities, and according to whether they are existing or to be created;
« 2° The modalities for the definition of the seaside season, the development, revision and updating of the bathing water profiles, the monitoring program, the information and public participation, the harmonized standards, methods and practices of analysis relating to the quality of bathing water, the classification of bathing water and the monitoring exercised by the representative of the State in the department;
« 3° The nature, purpose and means of transmitting information provided by the person responsible for bathing water to the representative of the State in the department. »
IX. - After the article L. 1332-7 of the same code, as the result of the III, are inserted two articles L. 1332-8 and L. 1332-9 as follows:
"Art. L. 1332-8. - The person responsible for an artificial swimming pool or bathing is required to monitor the quality of the water and to inform the public about the results of this monitoring, to undergo a health check, to respect the rules and quality limits set by decree, and to use only products and processes for the treatment of water, cleaning and disinfection effective and that do not constitute a danger to the health of the staff
"The terms and conditions of application of this chapter are determined by decree relating to artificial swimming pools and bathing, including sanitary, design and hygiene rules, to which artificial swimming pools and bathing are to be satisfied.
"Art. L. 1332-9. - The fee for the person responsible for an artificial swimming or swimming pool provided for in this chapter shall be borne by that person.
"The conditions for health control expenses are defined in Article L. 1321-5. »
X. - In the last paragraph of Article L. 2213-23 of the General Code of Territorial Communities, the words ", as well as the results of the water quality checks of these bathing accompanied by the details necessary for their interpretation" are deleted.
After the article L. 341-13 of the Tourism Code, an article L. 341-13-1 is inserted as follows:
"Art. L. 341-13-1. - In order to ensure the protection of public health and the aquatic environment, recreational vessels, equipped with toilets and built after January 1, 2008, which access the marine and river ports as well as the areas of anchorage and light equipment are equipped with facilities to either store or treat waste water of these toilets.
"These provisions also apply to floating establishments receiving the public, built after January 1, 2008 and stationed on the fluvial public domain on a regular and extended basis. Effective January 1, 2010, they apply to all of these facilities, regardless of their date of construction. »
In the second part of section L. 1324-1 of the Public Health Code, the words: "as well as the agents of the department responsible for the industry, authorized and sworn to this effect, are deleted.
I. - Title II of Book IV of the Insurance Code is supplemented by a chapter V as follows:
“Chapter V
"Provided Risk Guarantee Fund for Agricultural Spreading of Urban or Industrial Sludges
"Art. L. 425-1. - I. - A fund for the guarantee of the risks associated with the agricultural processing of the urban or industrial wastes is responsible for the compensation of the damages suffered by the agricultural operators and the owners of the agricultural and forestry lands in cases where these lands, having received the sludges of urban or industrial wastes, would become wholly or partially unfit for the crop because of the damage
"The list of industrial branches covered by this article is defined by decree in the Council of State.
"The fund shall provide compensation for damages within the limit of a maximum amount, provided that the spread has been made under conditions consistent with the regulations in force.
"The amount of compensation is based on the damage suffered and cannot exceed the value of the landowner.
"The accounting and financial management of the fund is provided by the Central Reinsurance Fund in a separate account from the other transactions it carries out. The costs for this management are charged to the fund.
"The caisse is informed of all disputes related to agricultural wastewater treatment of sewage sludge directly covered by insurance.
“II. - The fund referred to in I is financed by an annual tax due by mud producers and whose plate is the amount of waste material produced. In addition, the fund may receive advances from the State to the extent that the damage occurred temporarily exceeds the compensation capacity of the State.
"The amount of the tax is fixed by decree in the Council of State within the limit of a ceiling of EUR 0.5 per tonne of dry matter produced.
"The debtors proceed to the liquidation of the tax due in respect of the previous year upon the filing of their Value-Added Tax Return in March or the first quarter of the calendar year.
"The tax is recovered and controlled under the same procedures and under the same sanctions, guarantees, security rights and privileges as the value added tax. Claims are filed, investigated and judged according to the rules applicable to the same tax.
"III. - A decree in the Council of State specifies the conditions for the application of this article, including the maximum amount that can be reached by the funds. »
II. - Title II of the first part of Book I of the General Tax Code is supplemented by a chapter XVI, as follows:
“Chapter XVI
"Tax to fund the risk guarantee fund for the treatment of urban or industrial wastewater sludge
"Art. 302 bis ZF. - The tax on urban and industrial sewage sludge is declared, liquidated, recovered and controlled in accordance with Article L. 425-1 of the insurance code. »
III. - Article 1647 of the same code is supplemented by a XII as follows:
« XII. - The State shall collect a 2% levy on the amount of the tax referred to in Article L. 425-1 of the Insurance Code in Part II. »
The Public Health Code is amended to read:
1° In article L. 1331-1, the word "sewerage" is replaced by the words "public collection networks" and the words "sewerage" are replaced, twice, by the words "public collection network";
2° After the third paragraph of the same article L. 1331-1, a sub-item reads as follows:
"The municipality may set technical requirements for the realization of building connections to the public wastewater and rainwater collection network. » ;
3° The last paragraph of Article L. 1331-1 is deleted;
4° After L. 1331-1, an article L. 1331-1-1 is inserted as follows:
"Art. L. 1331-1-1. - I. - The buildings not connected to the public sewage collection network are equipped with a non-collective sanitation facility, the owner of which regularly maintains and drains a person approved by the representative of the State in the department, in order to guarantee the proper functioning of the facility.
"This obligation does not apply to abandoned buildings, or to buildings that, pursuant to the regulations, must be demolished or ceased to be used, or to buildings that are connected to an industrial or agricultural purification facility, subject to an agreement between the municipality and the owner defining the conditions, including financial, of connecting these private effluents.
“II. - The municipality shall issue to the owner of the non-collective sanitation facility the document resulting from the control provided for in Article L. 2224-8 of the general code of territorial authorities.
"In the event of non-conformity of its non-collective remediation facility to the regulations in force, the owner shall carry out the work prescribed by the document prepared at the end of the inspection within four years of its completion.
"The terms and conditions for the accreditation of those who carry out the drains and take charge of the transport and disposal of the extracted materials, the terms and conditions for the maintenance of non-collective sanitation facilities and the modalities for verifying the conformity and realization of the diagnostics are defined by a decree of the ministers responsible for the interior, health, environment and housing. » ;
5° In article L. 1331-2, the words "new sewer" are replaced by the words "new public collection network", the word "sewer" is replaced by the words "public collection network", and the words "sewerage" are replaced by the words "of the public collection network";
6° The last sentence of Article L. 1331-4 is replaced by two sentences as follows:
"They must be kept in good working condition by the owners. The municipality controls the quality of execution and can also control their maintenance in good working condition. » ;
7° In article L. 1331-6, after the word: "articles", the reference is inserted: "L. 1331-1,"
8° In article L. 1331-7, the words: "sewage" are replaced by the words "of the public collection network";
9° In the first paragraph of Article L. 1331-9, the references: ", L. 1331-6 and L. 1331-7" are replaced by the word and references: " and L. 1331-6 to L. 1331-8";
10° Article L. 1331-10 is as follows:
"Art. L. 1331-10. - Any discharge of waste water other than domestic waste in the public collection network must be previously authorized by the mayor or president of the competent public institution in respect of collection at the disposal if the police powers of the mayors of the member communes were transferred to it under the conditions laid down in section L. 5211-9-2 of the general code of the territorial authorities, after notices issued by the public person in charge of the carriage and sewage In order to formulate a notice, it has a two-month extension, extended for one month if it requests additional information. In the absence of notice within the time limit, the notice shall be deemed favourable.
"The absence of a response to the application for authorization more than four months after the date of receipt of this application is denied.
"The authorization provided for in the first paragraph includes its duration, the characteristics of wastewater to be discharged and the conditions for monitoring the spill.
"Subsequent changes in the nature or quantity of waste water spilled into the network are permitted under the same conditions as in the first paragraph.
"The authorization may be subject to the participation of the spill author in the investment expenses resulting from the receipt of these waters.
"This participation shall be in addition, if any, to the royalties referred to in Article L. 2224-12-2 of the General Code of Territorial Communities and to the amounts that may be payable by the persons concerned under Articles L. 1331-2, L. 1331-3, L. 1331-6, L. 1331-7 and L. 1331-8 of this Code. » ;
11° Article L. 1331-11 is as follows:
"Art. L. 1331-11. - Sanitation officers have access to private properties:
« 1° For the purposes of articles L. 1331-4 and L. 1331-6;
« 2° To conduct, as appropriate, the verification or diagnosis of non-collective sanitation facilities pursuant to section L. 2224-8 of the general code of territorial authorities;
« 3° To carry out, at the request of the owner, the maintenance and the rehabilitation and realization of the non-collective sanitation facilities, if the municipality ensures their care;
« 4° To ensure control of wastewater spills other than domestic.
"In the event of an obstacle to the fulfilment of the missions referred to in 1°, 2° and 3° of this article, the occupant shall be liable to the payment of the sum defined in Article L. 1331-8, under the conditions provided for in this article. » ;
12° After the same article L. 1331-11, an article L. 1331-11-1 is inserted as follows:
"Art. L. 1331-11-1. - During the sale of all or part of a residential building not connected to the public sewage collection network, the document prepared after the inspection of non-collective sanitation facilities conducted under the conditions provided for in Article II L. 1331-1-1 of this code is attached to the technical diagnostic file provided for in Articles L. 271-4 and L. 271-5 of the Construction and Housing Code. » ;
13° In Article L. 1331-15, the words: "of Act No. 76-663 of 19 July 1976 on facilities classified for the protection of the environment or Act No. 92-3 of 3 January 1992 on water" are replaced by the words: "of articles L. 214-1 to L. 214-4, L. 512-1 and L. 512-8 of the Environmental Code";
14° In the second paragraph of Article L. 1515-2, the words: "last paragraph of Article L. 1331-1" are replaced by the words: "first paragraph of Article L. 1331-1-1";
15° An article L. 1337-2 was reinstated as follows:
"Art. L. 1337-2. - A fine of EUR 10,000 is imposed on the dumping of waste water other than domestic waste in the public wastewater collection network without the authorization referred to in Article L. 1331-10 or in violation of the requirements of this authorization. »
The building and housing code is thus modified:
1° After the 7° of the I of the article L. 271-4, it is inserted an 8° as follows:
« 8° The document prepared after the control of non-collective sanitation facilities referred to in section L. 1331-11-1 of the Public Health Code. » ;
2° In the first paragraph of II of the same article L. 271-4, the word and the reference: "and 7°" are replaced by the references: ", 7° and 8°";
3° In the first paragraph of Article L. 271-5, the word and reference: "and 7°" are replaced by the references: ", 7° and 8°".
After section 14 of chapter III of Book III of Part II of the General Code of Territorial Communities, a section 15 is inserted as follows:
“Section 15
"Tax for collection, transport, storage
and the treatment of rainwater
"Art. L. 2333-97. - The collection, transport, storage and treatment of rainwater is an administrative public service in the municipalities, which may establish an annual fee for which the product is allocated to its financing.
"The tax for the collection, transport, storage and processing of rainwater is due by the owners of buildings connected to the public rainwater collection network.
"When all or part of the rainwater collection, transport, storage or treatment missions has been transferred to a public inter-communal cooperation institution or a joint union, the tax is instituted by the commune or group that discharges rainwater in the receiving environment.
"When several municipalities or groups meet this requirement, they establish the tax and designate by concordant deliberations the municipality or group in charge of its recovery and litigation.
"In the absence of an institution by the public inter-communal cooperation institution or the competent joint union, the tax may be instituted by its members. However, the subsequent deliberation of the competent group makes it impossible for any deliberation of institution taken previously on its scope.
"Unless otherwise deliberately, the municipality, the public institution of inter-communal cooperation or the joint union carrying out partially these missions but not recovering the proceeds of the tax shall receive a partial payment of that product from the municipality or group that has recovered the tax. The distribution of this product is carried out in accordance with the terms and conditions agreed upon by concordant deliberations of the municipalities and groups participating in the rainwater collection, transport, storage and treatment missions. In the absence of concordant deliberations, the limit within which the tax rate is defined is reduced by half.
"The tax is based on the area of buildings connected to a public rainwater collection network.
"The municipality or group that covers the tax shall establish its plate in the light of the elements provided by the mayor of the municipality or the president of the group in charge of the collection of rainwater. This information includes the list of buildings connected to the network, the size and identity of the owner of taxable buildings.
"The tax rate is fixed by deliberation of the deliberative assembly of the municipality or of the competent group to institute the tax, within the limit of EUR0.20 per square metre. Proceedings establishing and fixing the tax rate shall be adopted under the conditions set out in section 1639 A bis of the general tax code.
"Art. L. 2333-98. - The tax is payable by the owners, as of January 1 of the taxation year, of buildings subject to the tax. In the event of a plurality of owners, the tax is due by the co-ownership or real estate co-ownership or, if not, each of the owners indivis on the prorated basis of the rights it holds. In case of dismemberment of property rights, the tax is due by the usufruitar. In case of land leased by emphyteotic lease, construction lease or rehabilitation lease, the tax is established in the name of the emphyteote or the lessee of the construction or rehabilitation lease.
"The tax is not a recoverable tax by the owners within the meaning of Act No. 89-462 of 16 July 1989 to improve rental reports and amend Act No. 86-1290 of 23 December 1986.
"The owners who have carried out devices that prevent or limit the dumping of rainwater in the network referred to in section L. 2333-97 shall be compensated, including between 10% and 90% of the amount of the tax. The tax is no longer due when the device realized prevents the spill and leads to the effective removal of the connection to the public rainwater collection network.
"The mayor or president of the public inter-communal cooperation institution or of the joint union shall designate qualified persons to control the state and operation of these devices. The benefit of the slaughter is subject to the possibility of access, for the above-mentioned persons, to private properties in order to conduct the examination of the devices.
"Art. L. 2333-99. - The tax is liquidated and recovered by the accountant of the municipality, the public institution of inter-communal cooperation or the joint union as with respect to direct taxes and the same guarantees and penalties. However, the tax is not recovered when the area of the subject property is less than a minimum area of 600 square metres.
"The tax litigation is followed by the municipality or group that established it. Claims are presented, investigated and deemed to be direct taxes.
"The proceeds of the tax are exclusively assigned to the creation, operation, renewal, extension of rainwater collection, transport, storage and processing facilities, maintenance of these works, and control of devices that prevent or limit the discharge of these waters in public works. A statement annexed to the administrative account describes the revenues generated by this tax and their employment.
"Art. L. 2333-100. - A decree in the Council of State specifies the modalities for the implementation of this section, in particular with regard to the definition of rainwater collection networks, the modalities for the control of devices for the connection and limitation of rainwater discharges of the connected buildings and the modalities for calculating the cut-offs to which these devices for the limitation of spills are entitled.
"Art. L. 2333-101. - This section is applicable to the departments of Paris, the Hauts-de-Seine, the Seine-Saint-Denis and the Val-de-Marne and to the interdepartmental institution that they created between them when, pursuant to Article L. 3451-1, they carry out all or part of the missions for the collection, transport, storage and treatment of rainwater. »
Section 200 quater of the general tax code is amended as follows:
1° 1 is completed by an e as follows:
“e) At the cost of rainwater recovery and treatment equipment:
« 1° Paid between 1 January 2007 and 31 December 2009 as part of work carried out in completed housing;
« 2° Integration into new housing between 1 January 2007 and 31 December 2009;
« 3° Incorporated to housing acquired in the future state of completion or that the taxpayer builds, completed between January 1, 2007 and December 31, 2009. » ;
2° The second is supplemented by a sentence as follows:
"For the equipment mentioned in the e of 1 a decree of the Ministers responsible for the environment and housing sets out the list of the ministers who are entitled to the tax credit and specifies the conditions for the use of rainwater in the habitat and the conditions for the installation, maintenance and monitoring of these equipment. » ;
3° In the 3 and the first paragraph of 6, the references: "c and d" are replaced by the references: "c, d and e";
4° In the d of 5, the reference: "to d of 1" is replaced by the references: "to d and e of 1".
Section 3 of Chapter IV of Book II title I of the Environmental Code is as follows:
“Section 3
"Water distribution and sanitation
"Art. L. 214-14. - The provisions relating to water distribution and sanitation are set out in chapter IV, section 2, title II, of Book II of Part II of the General Code of Territorial Communities and sections L. 1331-1 to L. 1331-16 of the Public Health Code. »
Section L. 1321-4 of the Public Health Code is supplemented by a III as follows:
"III. - Pursuant to section 3 of Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption, 2° of this section does not apply to water intended for human consumption from an individual source providing less than 10 cubic metres per day on average or supplying less than fifty persons, unless such water is provided in a commercial or public activity. »
I. The Public Health Code is amended as follows:
1° Article L. 1321-5 is thus restored:
"Art. L. 1321-5. - The health control of water intended for human consumption, which falls within the competence of the State, includes water sampling and analysis carried out by the services of the representative of the State in the department or a laboratory approved by the minister responsible for health and chosen by the representative of the State in the department.
"This is responsible for the organisation of the water health control. For this purpose, with one or more accredited laboratories, the necessary market. He is the person responsible for the market.
"The approved laboratory, market holder, is responsible for recovering the sums related to the collection and analysis of water health control from the public or private person responsible for the production or distribution of water. » ;
2° The 1st of Article L. 1322-13 is supplemented by the words: "in the conditions defined in Article L. 1321-5".
II. - Article L. 212-2-2 of the Environmental Code is supplemented by a paragraph as follows:
"Water and sediment analyses required for the implementation of the monitoring program are performed by laboratories accredited by the Minister responsible for the environment. »
The first paragraph of Article L. 2224-6 of the General Code of Territorial Communities is as follows:
"Communities of less than 3,000 inhabitants and public institutions of intercommunal cooperation, of which no member commune has more than 3,000 inhabitants, may establish a single budget for the distribution of drinking water and sanitation if both services are subject to the same rules of subjecting to the value-added tax and if their mode of management is identical. »
I. The second part of the general code of territorial authorities is amended as follows:
1° The title of chapter IV, section 2, of title II of Book II is thus written: "Water and sanitation";
2° In the same section, a division is inserted as follows: "Subsection 1. - General provisions", including articles L. 2224-7 to L. 2224-11-5;
3° Article L. 2224-7 is as follows:
"Art. L. 2224-7. - I. - Any service ensuring all or part of the production by capturing or pumping, the protection of the point of collection, the treatment, transport, storage and distribution of water intended for human consumption is a drinking water service.
“II. - Any service providing all or part of the missions defined in Article L. 2224-8 is a public remediation service. » ;
4° After the article L. 2224-7, an article L. 2224-7-1 is inserted as follows:
"Art. L. 2224-7-1. - The municipalities are competent to distribute drinking water. In this context, they stop a drinking water distribution scheme that determines the areas served by the distribution network. They can also ensure the production of drinking water, as well as its transport and storage. However, the drinking water skills provided on the date of the publication of Act No. 2006-1772 of 30 December 2006 on water and aquatic environments by departments, trade union associations authorized or constituted ex officio may not be exercised by the municipalities without the consent of the public concerned. » ;
5° The first two paragraphs of Article L. 2224-8 are replaced by an I and a II as follows:
"I. - Municipalities are competent in wastewater sanitation.
“II. - Municipalities ensure the control of connections to the public collection network, the collection, transport and sewage treatment, as well as the removal of produced sludge. They may also, at the request of the owners, ensure the conformity of the works referred to in Article L. 1331-4 of the Public Health Code, from the bottom of the downward columns of the constructions to the public part of the branching, and the removal or obstruction of the pits and other installations of the same nature in connection with the building. » ;
6° The same article L. 2224-8 is supplemented by a III as follows:
"III. - For buildings not connected to the public collection network, municipalities provide control of non-collective sanitation facilities. This inspection mission is carried out either by an audit of the design and execution of the facilities completed or rehabilitated for less than eight years, or by a diagnosis of proper operation and maintenance for other facilities, establishing, if necessary, a list of the work to be performed.
"Communities determine the date on which they control non-collective sanitation facilities; They carry out this check by 31 December 2012, then according to a periodicity that cannot exceed eight years.
"They can, at the request of the owner, ensure the maintenance and rehabilitation of non-collective sanitation facilities. They can also ensure the treatment of drain materials from non-collective sanitation facilities.
"They may set technical requirements, particularly for the study of soils or the choice of the sector, for the establishment or rehabilitation of a non-collective sanitation device. » ;
7° Article L. 2224-9 is as follows:
"Art. L. 2224-9. - Any sampling, wells or drilling carried out for the purpose of domestic water use is the subject of a statement to the mayor of the municipality concerned. The information relating to this statement is made available to the representative of the State in the department and to the agents of the public drinking water and sanitation services. A decree in the Council of State sets out the modalities for the application of this article. » ;
8° 2° of the article L. 2224-10 is thus written:
« 2° Non-collective remediation areas where they are required to ensure the control of these facilities and, if they decide, the treatment of drain materials and, at the request of the owners, the maintenance and rehabilitation of non-collective sanitation facilities; » ;
9° Article L. 2224-11 is as follows:
"Art. L. 2224-11. - Public water and sanitation services are financially managed as industrial and commercial services. » ;
10° After the article L. 2224-11, are inserted five articles L. 2224-11-1 to L. 2224-11-5 as follows:
"Art. L. 2224-11-1. - The investment section of the municipality's budget may be voted in surplus to allow the extension or improvement of the services provided by the municipal council in the context of multi-year programming.
"Art. L. 2224-11-2. - The regime of royalties that may be collected by municipalities, departments or regions because of the occupation of their public domain by water distribution and sanitation works is set by decree in the Council of State.
"Art. L. 2224-11-3. - When the contract for the delegation of a public water or remediation service carries with it the delegate of renewals and major repairs of a heritage character, a planned programme of work is annexed to it. This program includes an estimate of expenditures. The delegate shall report annually on his execution in the report under section L. 1411-3.
"Art. L. 2224-11-4. - The contract of delegation of public water or sanitation imposes on the delegator, on the one hand, the establishment at the end of the contract of a detailed inventory of the property of the delegant, on the other hand, without prejudice to the other sanctions provided for in the contract, the payment to the budget of the drinking water or the remediation of the delegant of an amount corresponding to the amount of work stipulated in the forecast programme referred to in section L. The technical materials necessary for the billing of water and the plans of the networks shall be delivered to the delegant at least eighteen months before the contract expires and, for contracts that expire within one year after the date of promulgation of Act No. 2006-1772 of 30 December 2006 on water and aquatic environments, on the expiration date of the contract and no later than six months from that date of promulgation. A decree specifies the requirements for these technical materials.
"Art. L. 2224-11-5. - Public aids to municipalities and groups of competent local authorities in drinking water or sanitation cannot be modulated according to the mode of service management. » ;
11° In the 16th of Article L. 2321-2, the reference: "first paragraph" is replaced by the reference: "II";
12° Article L. 2573-24 is as follows:
"Art. L. 2573-24. - I. - Articles L. 2224-7 to L. 2224-12-5 are applicable to the municipalities of Mayotte.
“II. - The conduct of the diagnosis and implementation of the control of non-collective sanitation facilities and possibly their maintenance under Article L. 2224-8 and Article L. 224-10 and, in the collective remediation areas defined under Article L. 2224-10, all discharge collection and purification services must, in any event, be insured by December 31, 2020. » ;
13° The 14° of the II of Article L. 2574-4 is thus written:
« 14° Expenses related to missions relating to collective sanitation systems referred to in Article II, L. 2224-8. »
II. - Article L. 2125-2 of the General Code of Public Ownership is as follows:
"Art. L. 2125-2. - The regime of royalties which may be collected by the State because of the occupation of its public domain by the pipes or works of the drinking water and sanitation services operated by the local authorities and their groupings is fixed by decree. »
Section L. 1321-7 of the Public Health Code is amended as follows:
1° 2° of I is thus written:
« 2° The distribution by a public or private network, with the exception of the distribution to the use of a family mentioned in 3° of II and the distribution by private networks powered by a public distribution network; » ;
2° The II is completed by a 3° as follows:
« 3° The use of water for human consumption for the use of a family, under the conditions provided for in Article L. 2224-9 of the General Code of Territorial Communities. »
After the penultimate paragraph of Article L. 1411-5 of the General Code of Territorial Communities, it is inserted a paragraph as follows:
"Can participate in the commission, with an advisory vote, one or more agents of the territorial community or public institution designated by the chair of the commission, because of their competence in the matter that is the subject of the public service delegation. »
I. - In chapter IV, section 2 of Book II of Part II of the General Code of Territorial Communities, a sub-section 2 is inserted as follows:
"Subsection 2
"Service Regulations and Pricing
"Art. L. 2224-12. - Municipalities and territorial groupings, after the advice of the local public service advisory board, establish, for each water or sanitation service they are responsible for, a service regulation defining, according to local conditions, the services provided by the service and the respective obligations of the operator, subscribers, users and owners.
"The operator shall give each subscriber the service regulations or addresses them by mail or email. The payment of the first invoice following the distribution of the service regulations or its update is deemed to have been received by the subscriber. The regulations are made available to users.
"The operator shall report to the mayor or president of the territorial community group on the terms and the effectiveness of the distribution of the service regulations.
"In the event of the use of another water resource by the subscriber, the service regulations provide for the possibility for the drinking water service agents to access private properties to control the internal drinking water distribution facilities and sampling, wells and drilling facilities. Control fees are charged to the subscriber. In the event of a risk of water contamination from the public distribution network by water from another source, the service directed the subscriber to implement the necessary protection measures. In the absence of these measures, the service may close the water connection. A decree in the Council of State sets out the terms of access to private property and control of the facilities provided for in this article.
"The users of drinking water services may submit at any time a request to cancel their subscription contract. This contract is terminated under the conditions established by the regulation of each service, within a period not exceeding fifteen days from the date of submission of the application.
"Art. L. 2224-12-1. - Any provision of drinking water, regardless of the recipient, is subject to a billing at the rate applicable to the corresponding user category. The communities referred to in section L. 2224-12 are required to terminate, by January 1, 2008, any provision or stipulation to the contrary. This article is not applicable to water consumption in the mouths and fire posts in the public domain.
"Art. L. 2224-12-2. - Under conditions established by decree in the Council of State, the rules relating to the royalties of drinking water and sanitation and the sums provided for in articles L. 1331-1 to L. 1331-10 of the Public Health Code are established by deliberation of the municipal council or the deliberative assembly of the grouping of local authorities.
"When the municipalities take charge of the work referred to in the second sentence of the first paragraph of II and the first sentence of the third paragraph of Article L. 2224-8, they shall be reimbursed in full by the owners for the costs of any kind resulting from the work, including management costs, which may be reduced from the subsidies.
"The prohibition under the first paragraph of Article L. 511-5 of the monetary and financial code does not preclude municipalities from staggering the refunds due by the owners under the previous paragraph.
"These amounts are collected for the benefit of the remediation service budget and recovered as royalties due by users of the remediation service.
"Art. L. 2224-12-3. - Drinking water and sanitation charges cover expenses arising from investments, operations and renewals required for the provision of services, as well as expenses and taxation of any kind related to their execution.
"For domestic subscribers, applications for bail or payment of a security deposit are prohibited. Reimbursement of claims for deposits of guarantee shall be effected within a maximum period of three years from the promulgation of Act No. 2006-1772 of 30 December 2006 on water and aquatic environments.
"Art. L. 2224-12-4. - I. - Any water bill includes an amount calculated on the basis of the volume actually consumed by the subscriber and may, in addition, include an amount calculated independently of that volume based on the fixed charges of the service and the characteristics of the connection, including the number of units served.
"This amount cannot exceed a ceiling whose calculation methods are defined by decree of ministers responsible for the interior, environment and consumption, after the advice of the National Water Committee and the National Consumer Council. The municipal council or the deliberative assembly of the territorial community group shall, if any, amend the fee within two years of the date of publication of that order. This paragraph is not applicable to tourist municipalities referred to in Article L. 133-11 of the Tourism Code.
"However, on an exceptional basis, when the water resource is abundant and a limited number of users are connected to the network, the representative of the State in the department may, under conditions provided for by decree in the Council of State, at the request of the mayor or the president of the grouping of competent territorial authorities to ensure the distribution of water, authorize a rate that does not include a term proportional to the volume of water consumed.
“II. - When more than 30% of the water resource used for distribution is subject to water distribution rules pursuant to section L. 211-2 of the Environmental Code, the municipal council or the deliberative assembly of the territorial community group shall, within two years from the date of the water distribution zone classification, conduct a review of the pricing modalities with a view to inducing users better.
"III. - Effective 1 January 2010 and subject to the second paragraph of I, the amount of the water bill calculated according to the actual volume consumed can be determined either on the basis of a uniform rate at the cubic metre or on the basis of a progressive tariff. This bill shows the price of the litre of water.
"However, a degressive tariff may be established if more than 70% of the water removal is not subject to water distribution rules pursuant to section L. 211-2 of the Environmental Code.
"The municipal council or the deliberative assembly of the territorial community group shall, where appropriate, amend the rate within two years from January 1, 2008 for the water distribution zones created at that date and, for the other areas, from the date of their classification in the water distribution zone.
"When the municipal council or the deliberative assembly of the grouping of local authorities defines a progressive or degressive rate based on water consumption, it may define, for collective housing buildings, a particular scale taking into account the number of dwellings.
"IV. - In municipalities where the balance between the resource and the consumption of water is threatened seasonally, the municipal council or the deliberative assembly of the grouping of local authorities can set different rates depending on the periods of the year.
"Art. L. 2224-12-5. - A decree sets out the conditions under which users connected or connected to the sanitation network are required to install a water counting device that they collect from sources other than the distribution network. It also sets out the conditions under which the consumption of water recorded by this device is taken into account in calculating the remediation fee payable by users. »
II. - In article L. 2581-2 of the same code, after the words: "The articles L. 2113-1 to L. 2113-26" are inserted the words: "and articles L. 2224-12-4 and L. 2224-12-5".
III. - Sub-section 2 of section 4 of chapter IV of title II of Book IV of Part IV of the Code is supplemented by an article L. 4424-36-2 as follows:
"Art. L. 4424-36-2. - The powers vested in the representative of the State in the department by article L. 2224-12-4 are exercised by the Assembly of Corsica. »
I. - Section L. 1413-1 of the General Code of Territorial Communities is amended as follows:
1° The first paragraph is supplemented by a sentence as follows:
"Public inter-communal cooperation institutions, with a population of between 20,000 and 50,000 inhabitants, can establish a consultative commission for local public services under the same conditions. » ;
2° It is added a paragraph to read:
"The Chair of the Advisory Committee on Local Public Services shall present to its Parliamentary Assembly or its deliberative body, before 1 July of each year, a statement of the work carried out by the Commission during the previous year. »
II. - 2° of I comes into force on 1 January 2008.
I. - Title III of Book I of the Construction and Housing Code is amended as follows:
1° Its title is thus written: "Heating, water supply and building damage. - Fight against termites;
2° A chapter V is added as follows:
“Chapter V
" Savings of water consumption
in buildings
"Art. L. 135-1. - Any new construction of a main-use residential building includes a facility to determine the amount of cold water provided to each privately occupied premises or to each privately owned portion of a condominium lot as well as to common areas, if any.
"They are not subject to the provisions of the previous paragraph.
"A decree specifies the procedure for the application of this article. »
II. - In the first sentence of Article L. 152-1 of the same code, the references: "L. 125-3 and L. 131-4" are replaced by the references: "L. 125-3, L. 131-4 and L. 135-1".
III. - In the first paragraph of Article L. 152-4 of the same code, the word and reference: "and L. 131-4" are replaced by the references: ", L. 131-4 and L. 135-1".
Act No. 65-557 of 10 July 1965 establishing the status of co-ownership of built buildings is thus amended:
1° After the c of section 26, it is inserted a d as follows:
"(d) The request for individualization of water supply contracts and the realization of the studies and works necessary for this individualization provided for in Article 93 of Law No. 2000-1208 of 13 December 2000 on urban solidarity and renewal. » ;
2° In the second paragraph of Article 9, after the reference: "of Article 25", the reference is inserted: ", of the d of Article 26";
3° In the last paragraph of Article 9, after the reference: "of Article 25", the words ", by the d of Article 26" are inserted.
Section 93 of Act No. 2000-1208 of 13 December 2000 on urban solidarity and renewal is amended as follows:
1° In the first paragraph, after the words "collective buildings", the words "main purpose" are inserted;
2° After the first preambular paragraph, a sub-item reads as follows:
"The subscribing of an individual contract with the public water distribution service is then necessary for any occupant to benefit from the provision of water. This contract does not concern the supply of sanitary hot water. »
In the first paragraph of Article L. 5711-4 of the General Code of Territorial Communities, after the words "water management" are inserted the words "and streams".
Book IV of Part 3 of the General Code of Territorial Communities is supplemented by a title V as follows:
« TITRE V
"Communications to PARIS, HAUTS-DE-SEINE, SEINE-SAINT-DENIS and VAL-DE-MARNE
« Single Chapter
"Art. L. 3451-1. - The departments of Paris, the Hauts-de-Seine, the Seine-Saint-Denis and the Val-de-Marne, as well as the interdepartmental institution that they have created among them, ensure the collective sanitation of wastewater, which includes their collection and transport, when municipalities, their public institutions of cooperation or their mixed unions do not provide for it, their purification and disposal of the produced muds. They may also, under the same circumstances, ensure the collection, transport, storage and treatment of rainwater.
"Art. L. 3451-2. - The departments as well as the interdepartmental institution referred to in Article L. 3451-1 may provide all or part of the collective sanitation and management of the rainwater of the communes located in the territory of the departments of the Essonne, Seine-et-Marne, Val-d'Oise and Yvelines, under the conditions fixed by agreement with the municipalities, public intercommunal cooperation institutions or trade unions.
"Art. L. 3451-3. - The provisions for municipalities set out in chapter IV, section 2, title II, of Part II are applicable to the departments of Paris, the Hauts-de-Seine, the Seine-Saint-Denis and the Val-de-Marne, as well as to the interdepartmental institution that they created between them for the exercise of the competencies referred to in articles L. 3451-1 and L. 3451-2. »
Article L. 5214-16 of the General Code of Territorial Communities is amended as follows:
1° In the first paragraph, the word "five" is replaced by the word "six";
2° After 5°, it is inserted a 6° as follows:
« 6° All or part of the sanitation. »
Section L. 5214-23-1 of the General Code of Territorial Communities is amended as follows:
1° At the end of the first paragraph, the words "four of the six" are replaced by the words "four of the seven";
2° After the 6°, it is inserted a 7° as follows:
« 7° In terms of sanitation: collective sanitation and non-collective sanitation. »
Article L. 136-1 of the Consumer Code is supplemented by a paragraph as follows:
"The three preceding paragraphs are not applicable to operators of drinking water and sanitation services. »
In the third paragraph of section L. 1331-1 of the Public Health Code, the reference: "L. 2224-12" is replaced by the reference: "L. 2224-11-2".
After Article L. 1127-2 of the General Code of Public Property, an article L. 1127-3 is inserted as follows:
"Art. L. 1127-3. - This section applies to any vessel, vessel, floating equipment or floating establishment abandoned on the river public domain.
"The abandonment is presumed, on the one hand, of the lack of authorization to occupy the river public domain and, on the other hand, of the absence of manoeuvring or maintenance measures, or of the absence of owner, conductor or guardian on board.
"The alleged abandonment of the vessel, vessel, floating equipment or floating establishment is found by the agents referred to in Article L. 2132-23. The finding is displayed on the property concerned and notified to the last owner if it is known, together with a stipulation to stop the state of abandonment.
"If no owner, custodian or driver has been shown within six months, the competent administrative authority shall declare the vessel, vessel, floating equipment or floating establishment and transfer the property to the manager of the relevant river domain. The manager may proceed to the sale of the property on the expiry of a two-month period and subject to the rights of the privileged and mortgage creditors or to proceed to its destruction on the expiry of that same period, if its market value does not justify its sale. »
Article L. 2124-13 of the General Code of Public Ownership is as follows:
"Art. L. 2124-13. - Areas of occupancy of the river public domain greater than one month by a ship, ship, floating equipment or a floating establishment may only be delimited by the manager of this domain after the agreement of the mayor of the commune on the territory of which these areas are located.
"Beyond the areas thus delimited, no occupation of more than one month by a ship, ship, floating equipment or floating establishment may be permitted.
"These provisions do not apply to vessels, vessels, floating equipment or floating establishments necessary for the maintenance or conservation of the river public domain or for the safety of river navigation. »
After article L. 2125-7 of the general code of public property, an article L. 2125-8 is inserted as follows:
"Art. L. 2125-8. - Without prejudice to the repression of large-scale traffic contraventions, the parking without authorization of a vessel, vessel, floating equipment or floating establishment on the river public domain shall result in the payment of an occupancy allowance equal to the royalty, increased by 100%, which would have been due for regular parking at the location considered or to a similar location, without the application of possible slaughter. »
Article L. 2132-23 of the General Code of Public Ownership is supplemented by a paragraph as follows:
"When they find a ticket in respect of large-scale traffic, the officers mentioned in the first paragraph are entitled to identify the perpetrator of the contravention. If the person refuses or is unable to justify his or her identity, they shall report to any territorially competent judicial police officer who may order the offender to disclose his or her identity. When the judicial police officer conducts an identity check under the conditions set out in section 78-3 of the Code of Criminal Procedure, the time limit provided for in the third paragraph of the same article shall be effective from the identity statement. »
The general code of territorial authorities is amended as follows:
1° In article L. 2213-6, the words ", on rivers, ports and river docks", and the words ", navigation" are deleted;
2° The last paragraph of Article L. 2512-14 is deleted.
After Article L. 3232-1 of the General Code of Territorial Communities, an article L. 3232-1-1 is inserted as follows:
"Art. L. 3232-1-1. - For reasons of solidarity and spatial planning, the department makes available to municipalities or public inter-communal cooperation institutions that do not benefit from sufficient means for the exercise of their competence in the field of sanitation, the protection of water resources, the restoration and maintenance of aquatic environments technical assistance under conditions determined by convention.
"The department may delegate these technical assistance missions to a joint union established pursuant to Article L. 5721-2 of which it is a member.
"In overseas departments, this provision is made available by the water offices provided for in Article L. 213-13 of the Environmental Code.
"In Corsica, these missions can be carried out by the territorial community of Corsica or by one of its public institutions.
"A decree in the Council of State specifies the terms and conditions for the application of this article, including the criteria for the determination of the municipalities and establishments referred to in the first paragraph and the conditions of remuneration of that provision. »
Article L. 212-1 of the Environmental Code is amended as follows:
1° In the III, the words: "fixing the basic guidelines for a balanced management of the water resource as provided for in Article L. 211-1 and the quality and quantity objectives of the water" are replaced by the words: "fixing the objectives referred to in Article IV and the guidelines for meeting the principles provided for in Articles L. 211-1 and L. 430-1";
2° The IX is supplemented by a sentence as follows:
"In particular, the master plan identifies sub-basins or sub-basins in which coordinated management of works, including hydropower, is required. »
Article L. 212-3 of the Environmental Code is as follows:
"Art. L. 212-3. - The water development and management scheme established for a sub-bassin, for a sub-bassin grouping corresponding to a coherent hydrographic unit or for an aquifer system sets out general objectives and provisions to meet the principles set out in articles L. 211-1 and L. 430-1.
"The water development and management scheme must be consistent with the water development and management master plan set out in section L. 212-1 or made compatible with it within three years of the update of the master plan.
"The scope and time frame within which it is developed or revised shall be determined by the water development and management master plan; Otherwise, they are arrested by the representative of the State in the department, on proposal or after consultation with the territorial authorities and after consultation with the territorial public institutions of the basin and the basin committee. In the latter case, the representative of the State in the department may complete the local water commission in accordance with the distribution of the seats provided for in the II of Article L. 212-4. »
I. - The I of Article L. 212-4 of the Environmental Code is supplemented by a paragraph as follows:
"It may entrust the execution of some of its missions to a territorial public institution, a territorial community or a group of territorial authorities. »
II. - Article L. 212-4 is read as follows:
“II. - The local water commission includes:
« 1° Representatives of the territorial authorities and their groupings, local public institutions and, if any, of the territorial public basin establishment, located in whole or in part within the scope of the schema referred to in section L. 212-3, which designate within them the chair of the commission;
« 2° Representatives of users, landowners, professional organizations and relevant associations, established within the scope of the schema referred to in Article L. 212-3;
« 3° Representatives of the State and its public institutions interested.
"Representatives of the category mentioned at 1° hold at least half of the total number of seats and those of the category mentioned at 2° at least one quarter.
"A decree sets the rules for appointing representatives of the different categories. »
I. - The third, fourth and fifth paragraphs of Article L. 212-5 of the Environmental Code are deleted.
II. - After Article L. 212-5 of the same code, two articles L. 212-5-1 and L. 212-5-2 are inserted as follows:
"Art. L. 212-5-1. - I. - The water development and management plan includes a sustainable water resource development and management plan that defines the conditions for the achievement of the objectives referred to in section L. 212-3, including by assessing the financial means necessary for the implementation of the schema.
"This plan can also:
"1° Identify areas referred to in 4° and 5° of II of Article L. 211-3;
« 2° Establish an inventory of hydraulic works that could significantly disrupt aquatic environments and plan actions to improve the transport of sediments and to reduce the invasion of water and canals, taking into account the economic uses of these structures;
"3° Identify, within the areas referred to in the 4th of Article L. 211-3, strategic zones for water management whose preservation or restoration contributes to the achievement of the objectives referred to in Article L. 212-1 IV;
« 4° Identify, with a view to preserving them, natural areas for flood expansion.
“II. - The scheme also includes a regulation that may:
« 1° Define priorities for the use of the water resource as well as the distribution of aggregate volumes of sampling by use;
« 2° Define the necessary measures to restore and preserve the quality of water and aquatic environments, depending on the different uses of water;
"3° Indicate, among the hydraulic works operating over the water in the inventory provided for in 2° of I, those that are subject, except for general interest, to a regular opening of their valves in order to improve the natural transport of sediments and to ensure ecological continuity.
"III. - A decree in the Council of State specifies the procedure for the application of this article.
"Art. L. 212-5-2. - When the schema has been approved and published, the regulations and their cartographic documents are applicable to any public or private person for the execution of any installation, work, or activity referred to in Article L. 214-2.
"Decisions in the perimeter defined by the water resource schema by the administrative authorities must be compatible with or made compatible with the water resource development and sustainable management plan in the conditions and times it specifies. »
III. - In the 4th of Article L. 211-3 of the same code and in the II and III of Article L. 211-12 of the same code, the reference: "L. 212-5" is replaced by the reference: "L. 212-5-1".
Article L. 212-6 of the Environmental Code is as follows:
"Art. L. 212-6. - The local water commission submits the draft water development and management plan to the advice of the general councils, the regional councils, the consular chambers, the municipalities, their competent groups and, if any, the territorial public basin establishment and the interested basin committee. Apart from the pool committee, these notices are deemed to be favourable if they do not intervene within four months.
"The draft outline, if any amended to reflect the opinions collected, is subject to public investigation. At the end of the investigation, the scheme, possibly modified to take into account the observations, is approved by the representative of the State in the department and its approval order is published. The diagram is made available to the public.
"If the schema has not been developed within the time limit set out in accordance with Article X L. 212-1, the representative of the State in the department shall prepare the project and, after consultation with the local water commission, shall implement the procedure provided for in the preceding two paragraphs. »
I. - Article L. 212-7 of the Environmental Code is as follows:
"Art. L. 212-7. - The schema referred to in Article L. 212-3 may be modified by the representative of the State in the department, after advice or on proposal of the local water commission, if this amendment does not affect the objectives of this scheme. »
II. - After article L. 212-7 of the same code, four articles L. 212-8 to L. 212-11 are inserted as follows:
"Art. L. 212-8. - Where an operation subject to public investigation is contrary to the provisions of the regulation referred to in Article L. 212-5-1, the representative of the State in the department shall submit to the local water commission a draft amendment to the regulation and its cartographic documents. In the absence of a response within four months, this notice is deemed favourable. The statement of public utility or general interest in this operation may only be made if the public inquiry has also addressed this amendment.
"Art. L. 212-9. - Revision of all or part of the water development and management scheme may be carried out under the conditions defined in Article L. 212-6.
"Art. L. 212-10. - I. - A draft water development and management scheme agreed by the local water commission on the date of promulgation of Act No. 2006-1772 of 30 December 2006 on water and aquatic environments may be approved in accordance with the procedure provided for in previous legislative and regulatory provisions for a period of two years from that same date. The approved outline is the Sustainable Resource Development and Management Plan defined in Article L. 212-5-1, I.
“II. - The water development and management plans approved on the date of promulgation of Act No. 2006-1772 of 30 December 2006 referred to above or pursuant to this section I are completed within five years of the promulgation of this Act by the regulation provided for in Article II of Article L. 212-5-1, approved in accordance with the procedure laid down in Article L. 212-6.
"Art. L. 212-11. - A decree in the Council of State specifies, as necessary, the terms and conditions of application of this section. »
III. - In section L. 214-7 of the same code, the reference "L. 212-7" is replaced by the reference "L. 212-11".
Article L. 4424-36 of the General Code of Territorial Communities is amended as follows:
1° The second sentence of the first paragraph is as follows:
"Its scope and time frame within which it is to be developed and revised are determined by the master plan. » ;
2° In the last sentence of the first paragraph, the words: "he is arrested" are replaced by the words: "they are arrested";
3° The first paragraph is supplemented by a sentence as follows:
"This notice is deemed favourable if it did not intervene within four months of the project's transmission. » ;
4° Three subparagraphs are added:
"The draft outline, if any amended to reflect the opinions collected, is subject to public investigation. At the end of the investigation, the schema, possibly modified to take into account the observations, is approved by the Assembly of Corsica. The diagram is made available to the public.
"If the schema is not developed within the specified time limit, the territorial community of Corsica develops the project and, after consultation with the local water commission, implements the procedure provided for in the preceding paragraph.
"The water development and management scheme can be modified by the territorial community of Corsica, after advice or on a proposal from the local water commission or the representative of the State, if this change does not affect the objectives of this scheme. »
Article L. 515-3 of the Environmental Code is supplemented by a paragraph as follows:
"The departmental career development plan must be compatible or compatible within three years with the provisions of the water development and management master plan and the water development and management plan, if applicable. »
I. - Chapter III of Book II title I of the Environmental Code is amended as follows:
1° After section 2, it is inserted a section 2 bis entitled "Prefect Basin Coordinator", including Article L. 213-3, which becomes Article L. 213-7;
2° The title of section 3 is as follows: "Water Basin Committees and Water Agencies".
II. - In section 3 of the same chapter III, two sub-sections 1 and 2 are inserted as follows:
"Subsection 1
“General provisions
"Art. L. 213-8. - In each basin or grouping of watersheds referred to in Article L. 212-1, a basin committee consisting of:
« 1° For 40%, a first college composed of representatives of the general and regional councils and, in majority, representatives of the municipalities or their competent groups in the field of water;
« 2° For 40%, a second college composed of representatives of water users and aquatic environments, socio-professional organizations, accredited associations for the protection of the environment and the defence of consumers, fishing representative bodies and qualified persons;
« 3° For 20%, a third college composed of representatives of the State or its public institutions concerned.
"The president is elected by the representatives of the first two colleges.
"The Basin Committee is consulted on the appropriateness of significant actions of common interest in the proposed basin and, more generally, on all matters covered by chapters I to VII of this title.
"It defines the directions of the action of the water agency and participates, under the conditions set out in Article L. 213-9-1, in the development of the financial decisions of this agency.
"The members of the three colleges referred to above representing a sub-bassin may form a territorial commission. Its mission is to propose to the Basin Committee the priorities for action necessary for this sub-bassin and to ensure the implementation of these proposals.
"Art. L. 213-8-1. - In each basin or grouping of basins referred to in Article L. 212-1, a water agency, a public establishment of the administrative state, implements the schemes referred to in Articles L. 212-1 and L. 212-3, promoting balanced and efficient management of the water resource and aquatic environments, drinking water supply, flood regulation and the sustainable development of economic activities.
"The water agency is administered by a composite board of directors:
« 1° A president appointed by decree;
« 2° Representatives designated by persons referred to in 1° of Article L. 213-8 within them;
« 3° Representatives designated by persons referred to in 2° of Article L. 213-8 within them;
« 4° Representatives of the State or its public institutions;
« 5° A representative of agency staff.
"The categories mentioned in 2°, 3° and 4° of this article have an equal number of seats.
"A decree in the Council of State sets the conditions for the application of this article.
"Subsection 2
“Financial provisions
"Art. L. 213-9. - The financial resources of the water agency are made up, in particular, royalties collected under articles L. 213-10 et seq., refunds of advances made by it and subsidies paid by public persons.
"Art. L. 213-9-1. - For the purpose of carrying out the tasks set out in Article L. 213-8-1, the multi-year programme of intervention of each water agency determines the areas and conditions of its action and provides the amount of expenses and revenues required for its implementation.
"Parliament defines the priority directions of the multi-year water agency response program and sets the overall limit for their expenditures over the reporting period as well as for agency contributions to the National Water and Aquatic Environment Board.
"The deliberations of the water agency's board of directors relating to the multi-year response program and the rates of royalties are taken on the advice of the basin committee, in accordance with the provisions enunciating the overall multi-year amount of its expenditures and their distribution by large area of intervention, which are the subject of a joint decree of the ministers responsible for the environment and finances, taken after the advice of the National Water Committee.
"The implementation of the multi-year water agency's response program, which reports revenues and expenditures under this program, is the subject of an annual report annexed to the Finance Bill.
"Deliberations on royalty rates are published in the Official Gazette. They are made available to the public.
"Art. L. 213-9-2. - I. - As part of its multi-year intervention program, the water agency directly or indirectly provides financial competitions in the form of grants, result bonuses or repayable advances to public or private individuals for the realization of shares or works of common interest to the basin or pool that contribute to the balanced management of the water resource and aquatic environment.
"The agency's competitions are definitively acquired subject to compliance with the water requirements imposed by the regulations in force.
“II. - The agency is financially involved in the development of water development and management schemes.
"III. - In accordance with the international commitments of France and in the framework of conventions submitted to the opinion of the Basin Committee, the agency may carry out international cooperation in the areas of water and sanitation, within 1% of its resources, if any and according to the statutory rules in force for each category of personnel, with the assistance of its officers.
"IV. - The water agency may, at the request of a territorial public establishment of a basin and on behalf of the local public institution, collect royalties instituted by that establishment for service rendered under Article L. 211-7. The proceeds of the royalties shall be paid in full to the budget of the territorial public basin institution, deducting the management fees.
"V. - The water agency contributes financially to the actions of the National Water and Aquatic Environment Board referred to in section L. 213-2. The amount of this contribution is determined by joint decree of ministers responsible for the environment and finance. It is based on the economic potential of the watershed and the relative importance of its rural population.
"VI. - The agency allocates capital subsidies to local authorities and their groups for the execution of drinking water and sanitation work in rural municipalities.
"To this end, it determines the overall amount of subsidies that can be paid to the territory of the departments located in the basin. When a department participates in the financing of such work, it passes with it a convention defining the distribution criteria.
« VII. - A decree in the Council of State specifies the procedure for the application of this article.
"Art. L. 213-9-3. - Articles L. 213-8 to L. 213-9-2 do not apply to overseas departments. »
I. - The priorities of the multi-year water agency response programmes for the years 2007 to 2012 are as follows:
1° Contribute to the achievement of the objectives of the schema referred to in Article L. 212-1 of the Environmental Code, pursuant to Directive 2000/60/EC of the European Parliament and the Council of 23 October 2000, establishing a framework for a community policy in the field of water;
2° Contribute to the achievement of the objectives of the schema referred to in Article L. 212-3 of the same code;
3° Contribute to wastewater treatment, sludge treatment, reduction of industrial releases, elimination of releases of hazardous substances and control of water pollution from all sources;
4° Contribute to the safety of water distribution and to the quality of water distributed by focusing on preventive actions upstream of the water capture points intended for human consumption;
5° Contributing to solidarity with rural municipalities by allocating capital subsidies to local authorities and their groups for the execution of drinking water and sanitation work;
6° Creating the conditions for the sustainable development of water-using economic activities by promoting, among other things, the fight against leaks and water-savings, including a programmed action on networks and recycling, as well as the use of resources respecting a balance between volumes consumed and available resources, and the mobilization of new resources to the extent that the overall impact on the interests mentioned in Article L. 211-1 of the Environmental Code is
7° Conduct and promote actions to preserve, restore, maintain and improve the management of aquatic environments and wetlands;
8° Promote sporting and recreational uses of aquatic environments, in accordance with the principles provided for in Article L. 211-1 of the Environmental Code;
9° Contribute to the regulation of floods by increasing the retention capacity of natural flood expansion areas, water storage, better river maintenance and restoration of their bed;
10° To conduct and support information and awareness-raising activities in the field of water and the protection of aquatic environments among the public and in particular in schools by promoting their engagement in this area;
11° Participate in the development and financing of river, bay or table contracts;
12° Conduct and support international cooperation efforts to achieve the objectives of the World Summit on Sustainable Development in August-September 2002 and to promote cooperation among watershed management organizations.
The deliberations of water agencies must be consistent with the above guidance.
II. - The amount of water agency expenditures for the years 2007 to 2012 cannot exceed 14 billion euros, excluding premiums mentioned in I of Article L. 213-9-2 of the Environmental Code and contribution to the National Water and Aquatic Environment Office. The amount of specific expenses paid by water agencies for solidarity with rural municipalities cannot be less than 1 billion euros between 2007 and 2012. The total contributions of water agencies to the financial resources of the National Water and Aquatic Environment Board may not exceed €108 million per year.
In chapter III, section 3, title I, of Book II of the Environmental Code, a sub-section 3 is created as follows:
"Subsection 3
« Redevances of water agencies
“paragraph 1
“General provisions
"Art. L. 213-10. - In accordance with the principle of prevention and the principle of compensation for damage to the environment, the water agency shall establish and collect royalties for water pollution from public or private persons, for the modernization of collection networks, for diffuse pollution, for the removal of water resources, for the storage of water during stretching times, for obstacles to waterways and for the protection of the aquatic environment.
“Paragraph 2
"Water pollution claims
"Art. L. 213-10-1. - Constitutes the fees for water pollution, on the one hand, a fee for non-dominant water pollution and, on the other, a fee for domestic water pollution.
"Art. L. 213-10-2. - I. - Any person, with the exception of the owners and occupants of residential principal-use buildings as well as subscribers to the drinking water service whose activities involve uses of water assimilable to domestic uses, whose activities result in the rejection of one of the pollution elements mentioned in the IV in the natural environment directly or through a collection network, is subject to a non-dominant pollution charge.
“II. - The royalty plate is the annual pollution released in the natural environment twelve times the average of monthly average pollution and the highest rejected monthly pollution. It is composed of the elements mentioned in IV.
"It is determined directly from the results of regular monitoring of all releases, the monitoring device being approved and controlled by an organization mandated by the water agency. However, where the theoretical level of pollution related to the activity is less than a threshold defined by decree or that regular monitoring of releases is impossible, the plate is indirectly determined by difference between, on the one hand, a theoretical level of pollution corresponding to the activity in question and, on the other hand, the level of pollution avoided by the pollution control devices established by the debtor or collective network manager.
"The theoretical level of pollution of an activity is calculated on the basis of sizes and coefficients characteristic of this activity determined from general campaigns of measurements or studies based on representative samples.
"The avoided pollution is determined from measurements carried out each year, the monitoring device being approved by the water agency or, if not, from coefficients assessing the effectiveness of the pollution control device being implemented. When the pollution produced comes from a direct spread, it is calculated indirectly by taking into account the quality of the effluent recovery and spreading methods.
"III. - On request of the debtor, the regular monitoring of releases referred to in II is intended to measure annual pollution added by the activity.
"IV. - For each component of the pollution, the maximum royalty rate and the threshold below which the royalty is not due are set as follows:
You can see the table in the OJ
n° 303 of 31/12/2006 text number 3
"The royalty of a person with herding activities is based on the number of her livestock units and on a load greater than 1.4 units of cattle per hectare of agricultural surface used. The royalty rate is 3 per unit. The royalty collection threshold is set at 90 units and 150 units in the areas referred to in sections 3 and 4 of Act No. 85-30 of 9 January 1985 relating to mountain development and protection and, for mono-gastric farms, the conversion of the number of animals into units of cattle is done taking into account good feeding practices that reduce the discharge of nitrogen compounds. The royalty is collected from the forty-first unit of cattle held. Its amount is multiplied by three for verbalized livestock under water quality regulations.
"For each plate element, with the exception of herding activities, the royalty rate is fixed per coherent geographic unit defined taking into account:
« 1° The state of the masses of water;
« 2° Risks of infiltration or discharge of pollutants in the masses of underground water;
« 3° Requirements imposed under the water police or related to water under another police;
« 4° Objectives set by the water development and management master plan and the water development and management framework.
"Art. L. 213-10-3. - I. - Are subject to the fee for domestic water pollution:
« 1° Persons who subscribe to the drinking water service, except those who acquire the royalty referred to in Article L. 213-10-2;
« 2° Persons subject to the same I whose activities result in releases of pollution elements below the thresholds referred to in IV of the same article;
« 3° Users referred to in Article L. 2224-12-5 of the General Code of Territorial Communities;
« 4° People with drilling for their water supply, who set up a water counting device.
“II. - The royalty plate is the volume of water billed to the subscriber. For persons subject to 2° of I of this article, the royalty plate shall be capped at 6,000 cubic metres. For persons subject to 3° and 4° of the same I, this plate also includes the volume of water taken from sources other than the distribution network. The volume of water used for livestock is excluded from this plate if it is subject to a specific count.
"When water pricing does not include a term proportional to the volume of water consumed, and in the absence of a count of the water distributed, the royalty plate is calculated on the basis of a per capita plan determined by decree.
"III. - The water agency shall, within the limit of EUR 0.5 per cubic metre, establish a rate per coherent geographical unit, taking into account:
« 1° The state of the masses of water;
« 2° Risks of infiltration or discharge of pollutants in the masses of underground water;
« 3° Requirements imposed under the water police or related to water under another police;
« 4° Objectives set by the water development and management master plan and the water development and management framework.
"IV. - The fee is collected from the drinking water operator by the water agency. It is due to the cashing of the price of the water distributed. The operator shall charge the fee to persons subscribed to the drinking water service defined in I under administrative and financial conditions established by decree.
"V. - When a device prevents the deterioration of water quality, a premium is paid to the public or private owner of this device or to his agent. It is calculated based on the amount of domestic pollution whose intake in the natural environment is suppressed or avoided. The premium may be adjusted to reflect compliance with the water police requirements.
" Similarly, a premium is paid to municipalities or their groupings for their control or maintenance skills of non-collective sanitation facilities. The amount of this premium is not more than 80% of the amount of domestic pollution royalties paid by unconnected subscribers to a collective sanitation network based on the results of the control and activity of the service that is responsible for it.
"Art. L. 213-10-4. - A decree in the Council of State specifies the procedure for the application of articles L. 213-10-1 to L. 213-10-3.
“Paragraph 3
“Returns to modernize collection networks
"Art. L. 213-10-5. - Persons who pay the royalty referred to in section L. 213-10-2 and whose activities result in wastewater discharges in a public collection network are subject to a royalty to modernize collection networks.
"The royalty is based on the amount of water retained, prior to the application of any slaughter, for the calculation of the remediation fee referred to in section L. 2224-12-3 of the general code of territorial authorities. People directly transferring their wastewater to the wastewater treatment plant by means of a specific collector that they have funded are exempt from the royalty to modernize the collection networks.
"It is seated on the wastewater volume released to the sanitation network if it is retained for the calculation of the contribution to the remediation service charges under a convention between the subject and the remediation network manager.
"Its rate is set by the water agency according to the priorities and funding requirements of the intervention program referred to in Article L. 213-9-1, within the limit of EUR 0.15 per cubic metre. It cannot be more than half of the royalty rate for modernizing the collection networks referred to in Article L. 213-10-6. It can be degressive, by slices, depending on the volumes rejected.
"Art. L. 213-10-6. - Persons who pay the royalty referred to in section L. 213-10-3 and who are subject to the remediation fee referred to in section L. 2224-12-3 of the general code of territorial authorities are subject to a royalty for the modernization of collection networks.
"The royalty is seated on the water volumes taken into account for the calculation of the remediation fee, with the exception of the volumes of water retained for the calculation of the plate of the royalty referred to in Article L. 213-10-5.
"When water pricing does not include a term proportional to the volume of water consumed, and in the absence of a count of the water distributed, the royalty plate is calculated on the basis of a per capita plan determined by decree.
"Its rate is set by the water agency according to the priorities and funding requirements of the intervention program referred to in Article L. 213-9-1 within a ceiling of EUR 0.3 per cubic metre.
"The fee is collected by the water agency from the operator of the service ensuring the billing of the remediation fee. It's due to the price. The operator shall charge the fee to persons referred to in the first paragraph under administrative and financial conditions established by decree.
"Art. L. 213-10-7. - A decree in the Council of State specifies the modalities for the application of articles L. 213-10-5 and L. 213-10-6.
“Paragraph 4
“Redevance for diffuse pollution
"Art. L. 213-10-8. - I. - Any person distributing the products referred to in section L. 253-1 of the rural code under the licence referred to in section L. 254-1 of the same code is subject to a fee for diffuse pollution.
“II. - The royalty plate is the quantity of substances classified pursuant to articles L. 231-6 of the Labour Code and L. 5132-2 of the Public Health Code, as highly toxic, toxic, carcinogenic, teratogenic, mutagenic, toxic to reproduction or environmentally hazardous in products covered in I.
"III. - The royalty rate is fixed by the water agency, depending on the water content of the basin in products referred to in I, within the limit:
" - EUR 1.2 per kilogram for environmentally hazardous substances and EUR 0.5 per kilogram for those of the mineral chemical family;
" - EUR 3 per kilogram for toxic, highly toxic, carcinogenic, mutagenic or teratogenic substances.
"The market starters transmit to the distributors the necessary elements for calculating the royalty for each listed product put on the market.
"IV. - The royalty is payable on sale to the end user. Distributors mentioned in I show the amount of the royalty they paid for the product distributed on their invoices, with the exception of the products distributed bearing the mention "authorized employment in the gardens. The register provided for in section L. 254-1 of the rural code also refers to the elements necessary for the calculation of the royalty plate and, where applicable, the consignees of the invoices and the corresponding royalty amounts. This register is made available to water agencies and administrative authority.
"V. - In order to develop practices to reduce water pollution by the products referred to in I, the water agency can pay a premium to the end user within 30% of the fee paid. This limit is increased to 50% if the majority of farmers in a watershed have contracted with the water agency an agro-environmental measure under conditions defined by decree of the Minister responsible for the environment.
"VI. - A decree in the Council of State specifies the procedure for the application of this article.
“Paragraph 5
“Redevances for water resource sampling
"Art. L. 213-10-9. - I. - Any person whose activities result in a levy on the water resource is subject to a levy on the water resource.
“II. - Are exempt from royalty:
« 1° Sea samples;
« 2° Exhaures of mines whose activity has ceased, as well as the removals made necessary by the execution of underground works and the removals carried out during a drainage carried out in order to maintain dry buildings or works, or to remove a phreactic table in accordance with an administrative requirement;
« 3° Aquaculture sampling;
« 4° geothermal sampling;
« 5° Samplings carried out outside the stretching period for works intended to regenerate natural environments;
« 6° Frozen control levies for perennial crops.
"III. - The royalty is seated on the volume of water taken over a year.
"When a person has a drilling for their water supply, it is required to set up a water counting device. The royalty plate is then increased by the volume of water so collected.
"When the debtor fails to measure his or her debits, the royalty is based on a lump sum calculated by taking into account whether or not it is proven to be impossible to measure and the characteristic sizes of the activity in question determined from general measurement campaigns or studies based on representative samples.
"IV. - The water agency fixes the volume amounts collected below which the fee is not payable. These amounts may not exceed 10,000 cubic metres per year for sampling in Category 1 resources and 7,000 cubic metres per year for sampling in Category 2 resources.
"V. - For the purpose of fixing the royalty rate, the water resources of each basin are classified as Category 1 when located outside the water distribution areas defined under 2° of II of Article L. 211-2 or in category 2 if not.
"The royalty rate is fixed by the water agency in euro centimes per cubic metre within the limits of the following ceilings, depending on the different uses to which the samplings take place:
You can see the table in the OJ
n° 303 of 31/12/2006 text number 3
"The water agency shall establish, within the limits of the above ceilings, a rate per coherent geographic unit defined taking into account the objectives set out in the water development and management master plan and the water development and management plan if it exists, especially when requiring the establishment of a specific financial intervention and competition program, as well as hydrological conditions.
"For all levies for irrigation in colinary deductions, regardless of their geographic location, the applicable royalty rate is that of the Category 1 resource.
"For a Category 2 resource, where the Irrigation Sampling Sampling Sampling Sampling Sampling Sampling Sampling Sampling Sampling Sampling Sampling Sampling Sampling is carried out collectively by an organization defined in Article L. 211-3 6°, the royalty rate is the applicable rate for a Category 1 resource.
"The sampling plate for gravel irrigation is fixed to 10,000 cubic metres of water per hectare irrigated.
"VI. - Specific procedures for calculating the royalty shall apply in the following cases:
« 1° When the sampling is for several uses, the royalty is calculated on the prorated basis of the volumes used for each use;
« 2° When the debit is intended for the feed of a channel, the royalty is seated on the water volume of that deduction, deducting the volumes taken from the channel and subject to this royalty.
"The volumes taken to feed a channel for the preservation of aquatic ecosystems or sites and wetlands are deducted from the royalty plate;
« 3° When the sampling is intended for the operation of a hydroelectric facility, the royalty is based on the product of the turbined water volume in the year expressed in cubic metres by the total gross drop height of the facility as shown in its administrative title, expressed in metres.
"The rate of the royalty is fixed by the water agency within the limit of a ceiling of EUR 0.6 per million cubic metres and per metre of fall according to the state of the water masses and the objectives set by the master plan for water development and management and the design for water development and management if it exists.
"This rate is multiplied by 1.5 when the installation does not work over the water.
"The fee is not payable when the volume of turbined water in the year is less than one million cubic metres.
« VII. - A decree in the Council of State specifies the procedure for the application of this article.
“Paragraph 6
"Redevance for water storage during stretching period
"Art. L. 213-10-10. - I. - A water storage fee in a stretching period is payable by any person who has a storage facility of more than one million cubic metres and who stores all or part of the volume elapsed in a stream during stretching time.
“II. - The royalty plate is the volume of water stored during the stretching period. This volume is equal to the difference between the volume stored at the end of the period and the volume stored at the beginning of the period. The volumes stored during the floods above the five-year frequency flood and destocked within thirty days from the date the flood reaches its maximum shall not be taken into account for the calculation of the royalty plate.
"The water agency fixes in each basin the stretching period according to the watercourse regime.
"III. - The royalty rate is fixed by the agency within a ceiling of 0.01 per cubic metre.
"IV. - A decree in the Council of State specifies the procedure for the application of this article.
“Paragraph 7
"Redevance for obstacle on watercourses
"Art. L. 213-10-11. - I. - An obstacle fee on watercourses is payable by any person with a work constituting an ongoing obstacle to both sides of a watercourse.
"It is exempt from the obstruction fee on watercourses the owners of works that are part of hydroelectric facilities subject to the royalty for water resource sampling.
“II. - The royalty is seated on the product, expressed in metres, of the denial between the water line upstream of the work and the water line downstream by the flow coefficient of the watercourse section to the law of the work and by a coefficient of bury.
"The flow coefficient varies depending on the interannual average flow of the watercourse segment. It is included between 0.3 for sections with an interannual average flow rate of less than 0.3 cubic metres per second and 40 for sections with an interannual average flow rate of more than or equal to 1,000 cubic metres per second.
"The entrave coefficient varies between 0.3 and 1 depending on the extent of the obstruction to sedimentary transport and the circulation of fish in accordance with the following table:
You can see the table in the OJ
n° 303 of 31/12/2006 text number 3
"III. - The fee is not payable when the denial is less than 5 metres and for watercourses with an average flow of less than 0.3 cubic metres per second.
"IV. - The royalty rate is fixed by the water agency within the limit of EUR 150 per metre per coherent geographic unit defined taking into account the impact of the works located there on sedimentary transport and on the free movement of fish.
"V. - A decree in the Council of State specifies the modalities for the application of this article.
“Paragraph 8
"Redevance for aquatic environment protection
"Art. L. 213-10-12. - I. - A fee for the protection of the aquatic environment is payable by the persons referred to in II. It is collected by the departmental or interdepartmental federations of approved associations of fishery and water protection, the associations of amateur fishermen with gear and nets, the union commission of the Grande Brière Mottière and the registered associations of professional freshwater fishing.
“II. - The fee is fixed annually by the water agency, within the limits of the following ceilings:
"(a) EUR 10 per person major who is engaged in the fishing exercise for one year, within a structure mentioned in I;
"(b) 4 EUR per person who engages in the fishing exercise for fifteen consecutive days within a structure mentioned in I;
"(c) 1 EUR per person who engages in the exercise of the fishing on the day, within a structure mentioned in I;
"(d) 20 EUR of annual supplement per person who engages in the exercise of the eel, salmon and sea trout fishery within a structure mentioned in I."
In chapter III, section 3, title I, of Book II of the Environmental Code, a sub-section 4 is created as follows:
"Subsection 4
“Declarative obligations, control
and modalities for recovery
"Art. L. 213-11. - Persons liable to be subject to the royalties referred to in section L. 213-10 shall declare to the water agency the necessary elements for the calculation of the royalties referred to in section L. 213-10 before April 1 of the year following that for which these royalties are due.
"In the event of an assignment or termination of business, royalties due are immediately established. The taxpayers shall declare the items mentioned in the first paragraph within sixty days of the assignment or termination of business.
"Art. L. 213-11-1. - The water agency controls all the elements to verify the royalty plate, including the declarations and documents produced by the persons concerned for the establishment of royalties, as well as the facilities, works or activities that have an impact on them and the devices that may provide useful information for their determination. The control can be performed on parts and on site.
"The agency may request the production of parts as well as any information or clarification required for control. It sets a response period that cannot be less than two months from receipt of the application by the interested party. When the taxpayer has responded in an insufficient manner, the agency still requests a request to complete its response within 30 days by specifying the additional response it wishes.
"When planning to conduct an on-site check, the agency shall notify the taxpayer in advance by sending or delivering a notice. This notice indicates the years under the control and identity of the officers responsible for it. He states that the taxpayer may be assisted in the course of control operations by counsel of his or her choice.
"As part of an on-site check, the control officer may only carry documents after a list is established by the taxpayer. The list specifies the nature of the documents, their number, and whether it is copies or hardware. Original documents must be returned to the taxpayer within thirty days of the check.
"The water agency transmits the control report to the taxpayer. The agency may submit its observations within 30 days. The taxpayer is informed by the water agency of the control suites.
"There cannot be two successive controls on the plate of the same royalty for the same years.
"On-site control is carried out by agents authorized by the director of the agency. The agency may entrust to bodies authorized by the administrative authority under conditions provided for by the decree in the Council of State referred to in Article L. 213-11-16 and mandated for that purpose by its director the care to operate certain technical controls.
"Art. L. 213-11-2. - State administrations and territorial authorities, concessionary enterprises of a public person and organizations of any kind subject to the control of the administrative authority shall communicate to the agency, upon request, the documents they hold which are necessary for the attendance and control of the royalties mentioned in articles L. 213-10 to L. 213-10-12 without being able to oppose the professional secrecy.
"Art. L. 213-11-3. - When the agency finds an inaccuracy, inaccuracy, omission or concealment in the elements used as a basis for the calculation of royalties, it shall send a reasoned correction proposal to the taxpayer so as to enable it to make its observations or to make its acceptance known within thirty days.
"When the agency rejects the taxpayer's comments, its response must also be motivated.
"Art. L. 213-11-4. - The recovery period expires at the end of the third year following that for which royalties are due.
"Art. L. 213-11-5. - The limitation of the recovery period is interrupted under the conditions defined in the first paragraph of Article L. 189 of the Tax Procedures Book.
"Art. L. 213-11-6. - I. - The royalties due by the persons shall be established by law:
« 1° who did not file the declaration of the elements necessary for their calculation on the date set out in Article L. 213-11, after the expiration of a period of thirty days after the prior notice to which it is addressed to them by the agency;
« 2° who refrained from responding to requests for information or clarification under section L. 213-11-1 in a timely manner;
« 3° Who refused to submit to the controls or who made obstacles to their conduct.
“II. - In the event of an ex officio taxation, the elements used to calculate the royalties shall be notified to the taxpayer at least thirty days before the recovery by means of a notification specifying the terms and conditions for determining the elements and the amount of the royalties due, as well as the ability of the taxpayer to make representations.
"Art. L. 213-11-7. - In the event of a failure to report, a late declaration of the elements necessary for the determination of royalties, where the declaration reveals insufficient, incorrect or incomplete elements, or in the case of an ex officio taxation pursuant to the 2nd and 3rd of the I of section L. 213-11-6, the royalties charged to the taxpayer are accompanied by interest in delay and, where applicable, by tax increases in the manner
"Art. L. 213-11-8. - An order issued by the director of the agency and taken over by the accounting agent is notified to the taxpayer for the recovery of royalties as well as of the late interest and any associated increases. This Order of Receipt mentions the amount to be paid for each royalty, the date of recovery, the due date and the deadline for payment.
"Art. L. 213-11-9. - The taxpayer who disputes all or part of the royalties charged must, prior to any litigation, make a claim to the director of the agency.
"Art. L. 213-11-10. - The royalties shall be recovered by the agency's accounting officer according to the rules applicable to the collection of claims of public administrative institutions of the State, subject to the provisions referred to in the last three paragraphs of this article.
"The due date is set to the last day of the month following the recovery date.
"The payment deadline is 15 of the second month following the recovery date. Beyond that date, a 10% increase is applied to royalties or portions of royalties that have not been paid, and the Accountant shall send a registered letter of reminder to the Accountant with acknowledgement of receipt. If this letter of reminder is not followed by payment, the accounting agent may, upon expiry of a period of twenty days, prosecute.
"Royalties or royalty supplements below 100 are not assessed.
"Art. L. 213-11-11. - The agency may grant full or partial rebates of royalties, increases and late interest either upon request of the taxpayer, where the taxpayer is unable to pay as a result of discomfort or indigence, or upon request of the creditor representative for the enterprises subject to the recovery or judicial liquidation procedure.
"Art. L. 213-11-12. - The royalties referred to in sections L. 213-10-1 to L. 213-10-12 may give rise each year to the payment of deposits.
"Art. L. 213-11-13. - The action of the accounting officer responsible for the recovery of royalties is prescribed within four years of the date of recovery. This period shall be interrupted by any act that includes recognition on the part of the taxpayer and any other interim acts of limitation.
"The prosecution is carried out by the accounting officer in the forms of common law. However, orders to pay are, at the initiative of the accounting officer, notified to the taxpayer, by registered letter with acknowledgement of receipt, under the conditions set out in the second paragraph of section L. 259 of the Tax Procedures Book.
"The collection by the agency's accountant may be provided by opposition to third-party holders who hold funds on behalf of the taxpayer, who are indebted to him or who pay him.
"The accountant shall notify the taxpayer of this opposition at the same time as it is addressed to the third-party holder.
"The opposition to third-party holders shall take the immediate effect of attribution, as provided for in article 43 of Act No. 91-650 of 9 July 1991 on the reform of civil enforcement procedures, of the sums seized available to the agency in advance of the amounts for which the opposition is exercised. In penalty of claiming the sums seized plus the legal interest rate, the third holder must pay the funds to the collection accountant within 30 days of receipt of the opposition.
"The opposition to third-party holders may be exercised on conditional or term claims; in this case, the funds are paid to the accountant responsible for recovery when these claims become payable.
"When the same person is simultaneously the recipient of several oppositions to third-party holders established on behalf of the same taxpayer, the person must, in the event of insufficient funds, execute these objections in proportion to their respective amounts.
"If the funds held or due by the third-party holder are unavailable, the third-party holder must notify the recovery accountant upon receipt of the opposition.
"Art. L. 213-11-14. - The rules laid down in Article L. 281 of the Tax Procedures Book are applicable to disputes relating to the collection of royalties.
"Art. L. 213-11-15. - Persons called on the occasion of their duties or responsibilities to intervene in the plate, control, recovery or litigation of the royalties referred to in Article L. 213-10 shall be held in professional secrecy in the terms of Article L. 103 of the Book of Tax Procedures.
"Art. L. 213-11-16. - A decree in the Council of State specifies the procedure for the application of articles L. 213-11 to L. 213-11-15.
"Art. L. 213-11-17. - Articles L. 213-11 to L. 213-11-16 do not apply to overseas departments. »
Section 5 of Chapter III of Title I of Book II of the Environmental Code, as a result of section 22 of this Act, is amended as follows:
1° The I of Article L. 213-13 is supplemented by a paragraph as follows:
"In accordance with the international commitments of France and in the framework of conventions submitted to the opinion of the basin committee, the water office can carry out international cooperation activities in the fields of water and sanitation, within 1% of its resources, if applicable and in accordance with the statutory rules in force for each category of personnel, with the assistance of its officers. » ;
2° 1° of the IV of the same article L. 213-13 is thus written:
« 1° royalties referred to in Article L. 213-14; » ;
3° After the article L. 213-13, an article L. 213-13-1 is inserted as follows:
"Art. L. 213-13-1. - In overseas departments, the Basin Committee is composed of:
« 1° Representatives of territorial authorities located in all or part of the basin;
« 2° Representatives of users and qualified personalities;
« 3° State representatives and socio-professional circles designated by the state.
"It is consulted on the appropriateness of the work and arrangements of common interest envisaged in the basin and more generally on any issues covered by chapters I to IV, VI and VII of this title.
"It is associated, as appropriate, with the development of adaptations facilitating the application in the department of the provisions of chapters I to IV, VI and VII of this title. » ;
4° Article L. 213-14 is as follows:
"Art. L. 213-14. - I. - In the event that the Basin Committee entrusts to the Water Office, pursuant to the provisions of c of I of section L. 213-13, the programming and financing of shares and works, the Water Office shall establish a multi-year programme of intervention determining the areas and conditions of its intervention and providing the amount of expenses and revenues necessary for its implementation.
“II. - On the proposal of the Basin Committee and within the framework of the above-mentioned multi-year programme, the Office shall establish and collect royalties from public or private individuals for water resource sampling, water pollution, for the modernization of collection networks, for diffuse pollution, for water storage in stretching times, for obstacles to watercourses and for the protection of the aquatic environment. » ;
5° After Article L. 213-14, two articles L. 213-14-1 and L. 213-14-2 are inserted as follows:
"Art. L. 213-14-1. - I. - The fee for sampling water resources from public or private persons taking water in the natural environment is calculated by applying to the volume of water taken from the rates that take into account the use of the water collected.
“II. - In the event it is established, the water resource levy is based on the volume of water taken from the natural environment in a year. It is due by the person performing the sampling. The reporting obligations to which those who collect water in natural environments are subject are set by decree.
"III. - The rate of the water resource levy shall be determined by deliberation of the Board of Directors of the Office on the advice of the Basin Committee within the following limits:
" - for water levies intended for drinking water: between 0.5 centime of euros per cubic metre and 5 cents of euros per cubic metre;
" - for water levies made for irrigation of agricultural land: between 0.1 centime of euro per cubic metre and 0.5 centime of euro per cubic metre;
" - for water levies made for other economic activities: between 0.25 centime of euros per cubic metre and 2.5 centimes of euros per cubic metre.
"When the sampling is for several uses, the royalty is calculated on the prorated basis of the volumes used for each use.
"When levies are intended for public distribution, those who collect the levy are required to allocate the cost of the levy equally to all consumers.
"IV. - Are exempt from royalty:
« 1° Sea samples;
« 2° Exhaures of mines as well as removals made necessary by the execution of underground works, to the extent that the collected water is not used directly for domestic, industrial or agricultural purposes;
« 3° Aquaculture sampling;
« 4° Samplings for the regeneration of natural environments;
« 5° Sampling of fire;
« 6° Water samples for the production of renewable energy;
« 7° The removals of groundwater during drainage to keep buildings or structures dry.
"V. - The royalty recovery threshold is stopped by the water office. It cannot be less than 10,000 cubic meters of water per year.
"VI. - In the absence of a measurement of the volumes taken, the royalty is seated on a flat volume according to the activity.
"The value of the flat volumes specific to the activity is fixed under conditions determined by decree, after the advice of the National Water Committee.
"When sampling is intended for gravel irrigation, the value of the flat volume on which the royalty is based cannot be more than 15,000 cubic metres per hectare irrigated and per year.
"Art. L. 213-14-2. - Charges for water pollution, for the modernization of collection networks, for diffuse pollution, for the storage of water during stretching times, for obstacles to watercourses and for the protection of the aquatic environment are calculated in accordance with the provisions of subsection 3 of section 3 of this chapter.
"However, the ceiling rate for water storage in stretching period is set at EUR 0.005 per cubic metre for the volume of water stored at the stretch taken into account beyond 300 million cubic metres.
"The royalty rates are determined by deliberation of the board of directors of the water office on the advice of the basin committee.
"The reporting obligations to which debtors are subject shall be determined by the Order in Council referred to in II of section L. 213-14-1. » ;
6° Section L. 213-15 is amended as follows:
(a) At the end of the first sentence of I, the words: "Royalty" are replaced by the words: "Royalties";
(b) At the end of the II, the words: "from the volume taken" are deleted;
7° At the end of the I of Article L. 213-16, the words: "the royalty" are replaced by the words: "the royalties";
8° In the 1st of Article L. 213-17, the reference: "of Article L. 213-14" is replaced by the references: "of articles L. 213-14-1 and L. 213-14-2";
9° Article L. 213-20 is amended as follows:
(a) At the end of the first paragraph, the words "to royalty" are replaced by the words "to royalties";
(b) It is added a paragraph to read:
"The royalties can give rise to the payment of deposits every year. »
Article L. 213-1 of the Environmental Code is amended as follows:
1° In the 1st, the words: "who are of the competence of the committees referred to in Article L. 213-2" are replaced by the words: "and any common problem of two or more basins or pool groups";
2° The 3rd is thus written:
« 3° To give its opinion on the draft decree concerning the protection of the fish farming population; »
3° The 4th is thus written:
« 4° To provide, on the proposal of an advisory committee established within it, its opinion on the price of water billed to users and the quality of public water and sanitation services. »
I. - Section 2 of Chapter III of Book II title I of the Environmental Code is as follows:
“Section 2
"National Water and Aquatic Environment Office
"Art. L. 213-2. - The National Water and Aquatic Environments Office is a public institution of the administrative state. Its mission is to conduct and support actions at the national level to promote a comprehensive, sustainable and balanced management of water resources, aquatic ecosystems, fisheries and fishery heritage.
"For these purposes, it participates in the knowledge, protection and monitoring of water and aquatic environments and their fauna and flora, and contributes to flood prevention.
"He supports the state services, water agencies and water offices in the implementation of their policies.
"It ensures the development and technical coordination of an information system for the collection, conservation and dissemination of water data, aquatic environments, their uses and public water and sanitation services. Territorial authorities or their groups are associated with their request to establish this information system.
"The Office guarantees financial solidarity between the basins, especially with respect to those of overseas departments and communities and New Caledonia. It conducts or supports research and studies programs that are common to all basins or have a general interest, especially in the form of financial competitions to public or private individuals.
"He conducts and supports national communications and training activities.
"Art. L. 213-3. - The National Water and Aquatic Environment Office is administered by a board of directors composed of representatives of the state and its public institutions other than water agencies and representatives of the basin committees, water agencies and water offices of overseas departments, territorial authorities or their public institutions, water users and aquatic environments, consumer associations and public protection organizations.
"The President of the Board of Directors proposes to his approval the direction of the institution's policy. He is appointed by order of the Minister for the Environment.
"Art. L. 213-4. - The National Water and Aquatic Environment Board determines the areas and conditions of its action in a multi-year response program that indicates the amounts of expenses and revenues required for its implementation.
"The implementation of the multi-year intervention programme is the subject of an annual report submitted by the Government to Parliament.
"Art. L. 213-5. - Resources of the National Water and Aquatic Environment Board include contributions from water agencies provided for in section L. 213-9-2 and grants paid by public persons.
"Art. L. 213-6. - A decree in the Council of State specifies the conditions for the application of this section. »
II. - The provisions in I come into force one month after the publication of the decree referred to in Article L. 213-6 of the Environmental Code and no later than 1 July 2007. As from the date of entry into force of these provisions, the property, rights and obligations of the High Council of Fisheries are transferred to the National Water and Aquatic Environment Board under the conditions defined by the same decree. These transactions do not result in the collection of duties, taxes or taxes of any kind.
III. - In the first paragraph of Article L. 132-1 of the Environmental Code, after the words: "The Conservatoire de l'espace littoral et des rivages lacustres", are inserted the words: "the National Office of Water and Aquatic Environments".
I. - Articles L. 431-3 and L. 431-4 of the Environmental Code are replaced by the following:
"Art. L. 431-3. - This title applies to all streams, canals, streams and water bodies, except those referred to in sections L. 431-4, L. 431-6 and L. 431-7.
"In watercourses and canals that flow to the sea, this title applies upstream of the water salt limit.
“Section 2
« Eaux closes
"Art. L. 431-4. - Ditches, canals, ponds, reservoirs and other water bodies in which fish cannot pass naturally are subject to the only provisions of Chapter II of this title. »
II. - In section L. 431-5 of the same code, the words "other than those referred to in paragraph 1 of section L. 431-3" are replaced by the words "subject to section L. 431-4".
III. - Section 2 of chapter I of title III of book IV of the same code becomes section 3 of the same chapter.
IV. - A decree in the State Council states:
1° All criteria taken into account for the determination of closed waters referred to in Article L. 431-4 of the Environmental Code;
2° The terms and conditions for the application of Chapter II of Title III of Book IV of the same code to the waters referred to in Article L. 431-4 of the same code.
Article L. 434-3 of the Environmental Code is supplemented by two paragraphs as follows:
"The decisions of each of these federations, relating to amateur fishing on gear and nets, are taken, barely null, after the advice of a specialized commission created within them and composed mainly of representatives of amateur fishermen on gear and nets on the waters of the public domain.
"The conditions for the approval of the statutes of the federations, the conditions under which they are represented and taken into account the different fishing practices, the modalities for the designation of their governing bodies, the modalities of the control of the administration on federations and associations, and the conditions under which the administration can replace the federations when they are unable to function are fixed by decree in the Council of State. »
Article L. 434-5 of the Environmental Code is as follows:
"Art. L. 434-5. - A National Federation for Fisheries and Protection of the Aquatic Environment brings together the departmental and interdepartmental federations of approved fishing and aquatic environment associations to ensure their representation at the national level and coordinate their actions.
"It is a public utility institution.
"She is responsible for promoting and defending recreational fishing on lines, gear and nets. It participates in the protection and sustainable management of the aquatic environment and contributes, in particular financially, to balanced management, protection and monitoring of the fishery heritage, as well as to training and education activities in the environment.
"It is consulted on regulatory measures for recreational fishing.
"His decisions concerning amateur fishing for gear and nets are taken, barely null, after a specialised commission established in his bosom and composed mainly of representatives of amateur fishermen to machinery and nets on the waters of the public domain.
"His statutes are in accordance with a model agreed by the Minister for Freshwater Fishing. They ensure the representation and consideration of different fishing practices.
"The National Federation for Fisheries and Protection of the Aquatic Environment receives contributions from the adhering federations proportionally to the number of fishermen adhering to the associations that these associations gather. It ensures an equalization between these federations based on their resources, loads and public service activities.
"It can take over the property, rights and obligations of the National Union for Fisheries in France, at the request of the latter. This transaction does not result in the collection of fees, taxes or taxes of any kind. »
Article L. 437-13 of the Environmental Code is supplemented by two paragraphs as follows:
"On the waters of the river public domain, sworn private fishing guards are commissioned by each registered fishermen's association holding a fishing right on the lot under consideration.
"On waters that do not belong to the river public domain, at the request of the owners and holders of fishing rights, a convention may be passed between them and the departmental or interdepartmental federation of approved associations of fisheries and protection of the aquatic environment to ensure that the particular daycare of their fishing rights is provided by development agents of this federation. The agents so appointed by the federation are approved by the representative of the State in the department; they shall intervene in accordance with the provisions of the first three subparagraphs of this article within the limits of the territories to which they provide daycare. »
Section 3 of Chapter IV of Title III of Book IV of the Environmental Code is supplemented by an article L. 434-7 as follows:
"Art. L. 434-7. - A national committee for freshwater professional fishing brings together registered associations of freshwater professional fishermen.
"Its mission is to represent and promote their activities at the national level, to participate in the organization of the profession and in the realization of economic and social actions in its favor, to participate in the preservation of the aquatic environment and to contribute to the balanced management of the resources it exploits and to the improvement of the conditions of production.
"It is consulted on regulatory measures for professional freshwater fishing. »
Article L. 436-1 of the Environmental Code is as follows:
"Art. L. 436-1. - Any person who engages in the fishing exercise must justify his or her status as a member of a registered association for the fishing and protection of the aquatic environment, a registered association of amateur fishermen to the equipment and nets on the waters of the public domain or a registered association of professional fishermen, have paid his or her statutory contribution and have paid the royalty referred to in section L. 213-10-12.
"Any person who engages in the fishing exercise during the annual fishing promotion day set by order of the Minister for Freshwater Fishing and in the course of the activities organized on this occasion by the departmental or interdepartmental federations of approved associations for the fisheries and protection of the aquatic environment is exempted from the justifications provided in the first paragraph. »
Article L. 437-18 of the Environmental Code is as follows:
"Art. L. 437-18. - The departmental or interdepartmental federations of approved associations for the fisheries and protection of the aquatic environment, the National Federation for the Fisheries and Protection of the Aquatic Environment, the union commission of the Grande Brière Mottière, the registered associations of professional freshwater fishermen and the National Committee for the Professional Freshwater Fishing may exercise the rights recognized to the civil party in respect of the facts constituting an indirect offence and the texts taken for its application »
I. - Article 4 of Act No. 66-400 of 18 June 1966 on the Exercise of Maritime Fishing and the Exploitation of Sea Products in the French Southern and Antarctic Lands is thus written:
“Art. 4. - The exercise of fishing, the hunting of marine animals or the operation of the seafood on land or on board a ship, without having previously obtained the authorization required by section 2 or failing to report its entry into the economic zone or to declare the tonnage of fish held on board is punished by EUR 300,000.
"The offence of fishing in areas or prohibited epochs in contravention of the provisions of Article 3 decrees is punishable by the same penalty.
"The fine penalty provided for in the first paragraph may be increased, beyond that amount, to EUR 75,000 per tonne fished beyond two tons without obtaining the authorization provided for in section 2 or in violation of the provisions relating to areas and times prohibited and taken under section 3.
"The law within the meaning of section 321-1 of the penal code of the proceeds caught without obtaining the authorization provided for in section 2 or in violation of the provisions relating to the zones and times prohibited and taken under section 3 shall be punished by the same penalties. »
II. - Article 5 of Act No. 66-400 of 18 June 1966 is thus written:
“Art. 5. - Holding on board an armed vessel for fishing or used to store or treat products of the sea, either dynamite or explosive substances other than powder for the use of firearms, or substances or baits of a nature to intoxicate or destroy fish, crustaceans or any other animal species, unless regularly authorized for purposes other than fish »
III. - Article 6 of Act No. 66-400 of 18 June 1966 is thus written:
“Art. 6. - Use for fishing either dynamite or any other explosive substance, or substances or baits of a nature to intoxicate or destroy fish, crustaceans or any other animal species is punished by 45,000 EUR fine. »
IV. - Article 7 of Act No. 66-400 of 18 June 1966 is thus written:
“Art. 7. - The collection, transport, sale or sale of the proceeds of the fisheries that are in contravention of the previous article is punishable by EUR 45,000. »
V. - Article 8 of Act No. 66-400 of 18 June 1966 referred to above is as follows:
“Art. 8. - Contrary to the regulatory provisions made under section 3 relating to fishing modes, restrictions on the exercise of fishing, hunting of marine animals and the capture or harvest of seafood products, the installation and operation of fishing establishments or industries for the processing, processing or conservation of seafood products is punishable by EUR 15,000.
"The provisions of this Article shall not apply to offences referred to in the second paragraph of Article 4. »
VI. - Article 9 of Act No. 66-400 of 18 June 1966 is thus written:
“Art. 9. - Notwithstanding the provisions of sections 132-2 to 132-5 of the Criminal Code, the penalties imposed for one of the offences provided for in sections 5 to 8 of this Act shall be cumulative, without confusion, with those imposed, if any, for the offence provided for in section 4. »
VII. - Article 10 of Act No. 66-400 of 18 June 1966 is thus restored:
“Art. 10. - Legal persons may be declared criminally liable under the conditions laid down in section 121-2 of the Criminal Code for offences defined in sections 4 to 8 of this Act. They are liable to fines, in accordance with the terms provided for in article 131-38 of the Criminal Code.
"People and legal persons guilty of the offences provided for in sections 4 to 8 of this Act shall also, as a supplementary penalty, apply the measures provided for in articles 2 to 4 of Act No. 83-582 of 5 July 1983 on the regime of seizure and supplement the list of agents authorized to observe offences in the field of marine fisheries. »
I. - Act No. 83-582 of 5 July 1983 on the regime of seizure and supplementing the list of officers authorized to observe offences in the field of marine fisheries is amended as follows:
1° Article 3 is supplemented by two paragraphs as follows:
"In the absence of bail on the day it decides, the court may declare the confiscation of the ship or craft.
"The court may, at the request of the competent authority, order the destruction of the vessel or craft when they pose a risk to the safety of persons or to the environment. » ;
2° In the second paragraph of Article 13, the words " and Bassas da India" are replaced by the words ", Bassas da India and Clipperton".
II. - The provisions of Article 3 of Act No. 83-582 of 5 July 1983 referred to above are applicable in the Wallis and Futuna Islands, French Polynesia, New Caledonia and French Southern and Antarctic Lands.
I. - The environmental code is amended as follows:
1° In the 5th of the I of Article L. 216-3, the 4th of Article L. 332-20, the c of Article L. 362-5, the 4th of Article L. 415-1, the 1st of the I of Article L. 428-20, the 1st of the I and the II of Article L. 437-1, the words L. 437-3 and L. 437-17,
2° In the first paragraph of Article L. 436-5, the words: ", rendered after notice of the Higher Council of Fisheries", are deleted;
3° In the last sentence of the second paragraph of Article L. 216-5, the first sentence of the second paragraph of Article L. 432-1, Article L. 433-2, the second sentence of Article L. 434-2, the first and last paragraphs of Article L. 434-3, the first sentence of the first paragraph and the second and third sentence of the second paragraph of Article L. 434-4, Article L.
4° In article L. 435-7, the reference: "to articles L. 434-3 and L. 434-5" is replaced by the reference: "to article L. 434-3";
5° The I of Article L. 652-1 is thus written:
"I. - Articles L. 213-8 to L. 213-9-3 and L. 213-11 to L. 213-11-16 are not applicable to Mayotte. » ;
6° Article L. 652-3 is as follows:
"Art. L. 652-3. - For the purposes of Book II title I, Mayotte is a watershed. The Basin Committee and the Mayotte Water Office are governed by Section 5 of Chapter III of the same title. » ;
7° Article L. 654-5 is as follows:
"Art. L. 654-5. - The list provided for in Article L. 432-10 is fixed by order of the representative of the State. »
II. - In the 4th of Article L. 214-10 of the Rural Code, the words "and the Higher Council of Fisheries" are deleted.
III. - In Article L. 4424-36 of the General Code of Territorial Communities, the reference: "to the III of Article L. 213-2 of the Environmental Code" is replaced by the reference: "to Article L. 213-8 of the Environmental Code".
IV. - 1. This Act is applicable to Mayotte, with the exception of Articles 3, 7, II to V of Article 8, Articles 18, 19, 24, 6° and 8° of Article 25, Articles 26, 27, II of Article 28, Articles 35 to 37, 43 to 45, 47, 48, 49, 57 to 59, 61 to 66, 68 to 71, of the 2° of Article 72, Articles 73,
2. Section 96 is applicable to French Southern and Antarctic Lands.
3. Section 97 applies to the Wallis and Futuna Islands, French Polynesia, New Caledonia and French Southern and Antarctic Lands.
Subject to judicial decisions taken in force of action, are validated the decisions to establish collective safeguards regimes in respect of the foresight and supplementary retirement of water agency personnel from their date of adoption by the boards of directors of the said agencies and until December 31, 2007, to the extent that they would be contested for reasons derived from the incompetence of these councils.
I. - 1. For each of the five years of activity following January 1, 2008, the water agency makes a comparison between the amounts due by the persons indebted respectively pursuant to sections L. 213-10-2 and L. 213-10-5 of the environmental code and the amount of the reference fee.
The amount of the reference fee is calculated, for each debtor, on the basis of the declaration of the activity elements of the year 2007, before applying the recovery threshold.
For those indebted under the same article L. 213-10-2, this comparison does not take into account the pollutant elements of the heat released at sea and the heat released into the river.
2. If the comparison referred to in 1 shows an increase in the amounts due above or equal to 20% in the first year, to 40% in the second year, 60% in the third, 80% in the fourth and 100% in the fifth year, the increase in the sums is reduced by the agency to the same rate.
3. The 1 and 2 are not applicable in the event of a change of activity.
They are also not applicable to persons who are indebted for livestock activities referred to in Article III of the same Article L. 213-10-2.
II. - For persons liable under sections L. 213-10-3 and L. 213-10-6 of the same code that were not subject to the pollution charge of domestic water the year before the entry into force of these royalties, the rates of royalties defined in the same sections L. 213-10-3 and L. 213-10-6 applicable in the five years following the date of entry into force of the provisions
III. - A decree in the Council of State determines the conditions for the application of this article, including the procedure for calculating the reference fee.
I. - Are repealed, as soon as this Act comes into force:
1° Section 4 of chapter IV of Book II title I and Articles L. 215-5, L. 432-5, L. 432-7, L. 432-8, L. 433-1, L. 435-8 and L. 435-9 of the Environmental Code;
2° Article L. 1331-14 of the Public Health Code;
3° Articles L. 5121-3 to L. 5121-5, L. 5261-3 and L. 5261-4 of the general public property code;
4° Articles 3 and 7 of Decree No. 48-633 of 31 March 1948 concerning the regime of waters in the departments of Guadeloupe, French Guiana, Martinique, La Réunion;
5° The I of Article 51 of Law No. 2000-1207 of 13 December 2000 of orientation for the overseas.
II. - Section 1 of Chapter IV of Title III of Book IV of the Environmental Code is repealed as of the entry into force of Article 88 of this Act.
III. - Are repealed effective January 1, 2008:
1° Articles L. 436-2, L. 436-3 and L. 654-6 of the Environmental Code;
2° Articles L. 236-3 and L. 263-6 of the rural code effective 1 August 2000;
3° 7 of article 266 sexies and 7 of articles 266 septies, 266 octies and 266 nonies of the Customs Code;
4° Article L. 1331-16 of the Public Health Code;
5° Articles 14, 14-1 and 14-2 of Act No. 64-1245 of 16 December 1964 on the regime and distribution of water and the fight against pollution;
6° The first four paragraphs of Article 58 of the Financial Law for 2000 (No. 99-1172 of 30 December 1999);
7° Section 4 of Chapter V of Title III of Part II of the General Code of Territorial Communities.
IV. - As soon as this Act comes into force:
1° In the second paragraph of the second paragraph of Article 10 of Act No. 2000-108 of 10 February 2000 on the modernization and development of the public service of electricity, the reference is: "L. 432-5" is replaced by the reference: "L. 214-18";
2° In the first paragraph of Article L. 437-20 of the Environmental Code, the reference: ", L. 432-8" is deleted;
3° The 2nd of Article L. 2331-4 and 3rd of Article L. 5215-32 of the General Code of Territorial Authorities are repealed.
V. - Effective 1 January 2008:
1° In Article L. 654-1 of the Environmental Code, the reference: "to L. 436-3" is deleted;
2° The Customs Code is amended as follows:
(a) The 4th of Article 266 sexies is thus amended:
- the words: ", pest control products for agricultural use and assimilated products" are deleted;
- the references: "6 and 7" are replaced by the word and the reference: "and 6";
(b) In the table of 1 of article 266 nonies, the seventeenth to twenty-third lines corresponding to substances classified as hazardous that enter the composition of pest control products for agricultural use and assimilated products are deleted;
(c) Section 266 decies is amended as follows:
- in 3, the words: ", pest control products for agricultural use and assimilated products" are deleted, and the references: "6 and 7" are replaced by the word and reference: "and 6";
- in 6, the references: "6 and 7" are replaced by the word and the reference: "and 6";
3° In section L. 2574-16 of the General Code of Territorial Communities, the word and references: "and L. 2335-2, L. 2335-5 and L. 2335-9 to L. 2335-14" are replaced by the references: ", L. 2335-2 and L. 2335-5".
VI. - Section L. 5711-4 of the General Code of Territorial Communities applies to joint unions existing on the date of coming into force of this Act.
In the matter of water management and watercourses, drinking water supply, collective or non-collective sanitation, collection or disposal of household and assimilated wastes and the distribution of electricity and natural gas, the decisions of joining a mixed union to another mixed union defined in accordance with Title I of Book VII of Part 5 of the general code of territorial authorities taken prior to the entry into force The joint unions thus constituted shall have a period of two years from the date of the promulgation of this Act to bring them into conformity with the second and subsequent paragraphs of Article L. 5711-4 of the General Code of Territorial Communities.
VII. - Subject to the rulings of justice passed in force of the evidence, are validated the contracts entered into by the municipalities or their groupings before 10 June 1996 for the management of their local public water and sanitation services, to the extent that they are contested for a reason derived from the absence of an enforceable character, at the date of their signature, of the deliberation authorizing this signature, and subject to the effective transmission of the said deliberation
I. - Sections L. 256-1 and L. 256-2 of the Rural Code, derived from section 41 of this Act, come into force on January 1, 2009.
II. - III of Article 88 and 1 and 2 of I and II of Article 98 come into force at the same time as I of Article 88.
III. - Articles 73, 84 and 85, 2° and 4° to 9° of Article 86 and Article 94 come into force on 1 January 2008.
IV. - Basin committees and boards of water agencies, established pursuant to sections L. 213-2 and L. 213-5 of the Environmental Code, in their drafting in force prior to the promulgation of this Act, shall remain in office until the renewal of their members under the conditions laid down in sections L. 213-8 and L. 213-8-1 of the Environmental Code of Article 82 of this Act.
V. - Section L. 1331-11-1 of the Public Health Code from the 12th of section 46 and section 47 of this Act come into force on January 1, 2013.
This law will be enforced as a law of the State.
Done in Paris on 30 December 2006.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister of State,
Minister of Interior
and landscaping,
Nicolas Sarkozy
The Minister of Defence,
Michèle Alliot-Marie
The Minister of Employment,
social cohesion and housing,
Jean-Louis Borloo
Minister of Economy,
finance and industry,
Thierry Breton
The Seal Guard, Minister of Justice,
Pascal Clément
Minister of Transport, Equipment,
tourism and the sea,
Dominica Perben
Minister of Health and Solidarity,
Xavier Bertrand
Minister of Agriculture and Fisheries,
Dominic Bussereau
The Minister of Public Service,
Christian Jacob
Minister of Ecology
and Sustainable Development
Nelly Olin
The overseas minister,
François Baroin
Minister for Budget
and the reform of the state,
Government spokesperson,
Jean-François Copé
(1) Act No. 2006-1772.
- Community Directives:
Directive 2006/7/EC of the European Parliament and the Council of 15 February 2006 on water quality management and repealing Directive 76/160/EEC;
Directive 2000/60/EC of the European Parliament and the Council of 23 October 2000 establishing a framework for a community water policy.
- Preparatory work:
Senate:
Bill No. 240 (2004-2005);
Report of Mr. Bruno Sido, on behalf of the Committee on Economic Affairs, No. 271 (2004-2005);
Notice of Mr. Pierre Jarlier, on behalf of the Law Commission, No. 272 (2004-2005);
Opinion of Ms. Fabienne Keller, on behalf of the Finance Committee, No. 273 (2004-2005);
Discussion on 5 to 8 and 13 and 14 April 2005 and adoption on 14 April 2005 (2004-2005).
National Assembly:
Bill, passed by the Senate, No. 2276, 2nd rectification;
Report of Mr. André Flajolet, on behalf of the Committee on Economic Affairs, No. 3070;
Opinion of Mr. Philippe Rouault, on behalf of the Finance Committee, No. 3068;
Discussion on 11 and 16 to 18 May 2006 and adoption on 30 May 2006.
Senate:
Bill, amended by the National Assembly, No. 370 (2005-2006);
Report of Mr. Bruno Sido, on behalf of the Committee on Economic Affairs, No. 461 (2005-2006);
Discussion on 7, 8 and 11 September 2006 and adoption on 11 September 2006.
National Assembly:
Bill, passed on second reading by the Senate, No. 3303;
Report of Mr. André Flajolet on behalf of the Committee on Economic Affairs, No. 3455;
Discussion on 11-13 December 2006 and adoption on 13 December 2006.
Senate:
Bill, amended by the National Assembly, No. 123 (2006-2007);
Report of Mr. Bruno Sido, on behalf of the Joint Parity Commission, No. 127 (2006-2007);
Discussion and adoption on 20 December 2006.
National Assembly:
Report of Mr. André Flajolet, on behalf of the joint parity commission, No. 3508;
Discussion and adoption on 20 December 2006.
