Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management,
Given the Constitution, includingarticle 38 ;
Considering Regulation (EC) No. 2037 / 2000 of the European Parliament and the Council of 29 June 2000 on substances that deplete the ozone layer;
Having regard to Regulation (EC) No. 304 / 2003 of the European Parliament and the Council of 28 January 2003 concerning the export and import of dangerous chemicals;
Having regard to Regulation (EC) No. 842 / 2006 of the European Parliament and the Council of 17 May 2006 on certain fluorinated greenhouse gases;
Having regard to Regulation (EC) No 850 / 2004 of the European Parliament and the Council, of 29 April 2004, concerning persistent organic pollutants and amending Directive 79 / 117 / EEC;
Having regard to Regulation (EC) No 1907 / 2006 of the European Parliament and of the Council, of 18 December 2006, concerning the registration, assessment and authorization of chemical substances, as well as the restrictions applicable to these substances (REACH), establishing a European Chemicals Agency, amending Directive 1999 / 45 / EC and repealing Regulation (EEC) No 793 / 93 of the Council and Regulation (EC) No 1488 / 94
Considering Commission Regulation (EC) No. 1451 / 2007 of 4 December 2007 concerning the second phase of the ten-year programme of work referred to in Article 16, paragraph 2, Directive 98 / 8 / EC of the European Parliament and the Council concerning the placing on the market of biocide products;
Having regard to Directive 98 / 8 / EC of the European Parliament and of the Council of 16 February 1998 concerning the marketing of biocide products;
Considering the criminal code;
Considering the environmental code;
Considering the Public Health Code;
Considering the labour code;
The Council of State heard;
The Council of Ministers heard,
Order:
Book V of the Environmental Code is amended as follows:
I.-Section L. 521-1 is replaced by the following provisions:
"Art.L. 521-1.-I. ― The provisions of this chapter aim to protect human health and the environment from the risks that may arise from chemical substances and preparations.
“II. ― Without prejudice to the compliance with the obligations arising from the regulations (EC) No. 2037 / 2000, (EC) No. 304 / 2003, (EC) No. 850 / 2004 and (EC) No. 842 / 2006, manufacturing, marketing, use of substances, such as or contained in preparations or articles, and placing on the market of preparations, are subject to the provisions of the Regulation (EC) No.
"III. ― If the interests of the national defence so require, the administrative authority may grant exemptions to Regulation (EC) No. 1907 / 2006, in specific cases for certain substances, such as or contained in a preparation or article. »
II.-Section L. 521-5 is replaced by the following provisions:
"Art.L. 521-5.-I. ― Any manufacturer or importer of a substance, such as or contained in a preparation or article, shall be aware of the evolution of knowledge of the impact on human health and the environment associated with exposure to that substance.
" Manufacturers and importers of substances, such as or contained in preparations or articles, shall inform the competent administrative authority of the new information on the hazardous properties of these substances and their uses, arising either from the improvement of scientific and technical knowledge or from the observation of the effects of these substances and revealing the existence of new serious hazards or risks to human health or the environment, if such information is not subject to a regulation" /
“II. ― Any manufacturer, importer or downstream user of a substance, such as or contained in a preparation or article, gathers all the information it needs to comply with the obligations imposed by community regulations governing chemicals. Upon request, the manufacturer, importer or downstream user shall transmit or make this information available to the competent administrative authority. »
III.-Section L. 521-6 is replaced by the following provisions:
"Art.L. 521-6.-I. ― Ministers responsible for the environment, health and work shall, by joint order, take the necessary measures to implement sections 49, paragraph (b), and 129 of Regulation (EC) No. 1907 / 2006.
“II. - Where substances, such as or contained in preparations, articles, manufactured products or equipment, pose serious hazards or risks not validly controlled for workers, human health or the environment, ministers responsible for the environment, health and work may by joint order:
« 1° When regulations (EC) No. 2037 / 2000, (EC) No. 304 / 2003, (EC) No. 850 / 2004, (EC) No. 842 / 2006 and (EC) No. 1907 / 2006 do not harmonize the manufacturing, marketing or use of substances, such as or contained in preparations, articles, manufactured products or equipment:
“(a) Prohibit provisionally or permanently, in whole or in part their manufacture, import, export, marketing or certain uses;
“(b) Impose requirements for manufacturing, import, export, marketing, use for certain uses, composition, labelling, packaging, trade name, advertising, storage, recovery, regeneration, recycling, and destruction, as well as any other conditions necessary for the preservation of human health or the environment;
« 2° When substances, such as or contained in preparations, articles, manufactured products or equipment are transported by rail, road, river, sea or air:
“(a) Prohibit provisionally or permanently, in whole or in part their transport;
“(b) Imposition of transport requirements. »
IV.-Section L. 521-7 is amended to read:
1° I and II are repealed;
2° The III becomes the I;
3° The IV becomes the II. It is added in its first sentence, after the words "European Community", the words "or the European Chemicals Agency".
V.-Section L. 521-8 is replaced by the following provisions:
"Art.L. 521-8.- Manufacturers, importers or downstream users shall, upon request of the competent administrative authority, provide technical records on substances, such as or contained in preparations or articles, which may be the subject of the measures provided for in Article L. 521-6 and Parts VI, VII and VIII of Regulation (EC) No. 1907 / 2006. »
VI.-Section L. 521-9 is replaced by the following provisions:
"Art.L. 521-9.-The rules for the classification, packaging and labelling of substances and preparations are defined by community regulations or, as necessary, by decrees in the Council of State taken for the application of community directives. »
VII.-A Article L. 521-10, the words: "L. 521-3, L. 521-4," are deleted, and the words: "producers or importers" are deleted and replaced by the words: "builders, importers or downstream users of substances, such as or contained in preparations or articles".
VIII.-Section L. 521-11 is replaced by the following provisions:
"Art.L. 521-11. - Expenses resulting from the conservation, review, operation and expertise of the information provided under section L. 521-5 or contained in the technical records referred to in section L. 521-8 may be borne by manufacturers, importers or downstream users of the substances, such as or contained in preparations or articles. »
IX.-A Article L. 521-12:
1° It is added "I. ―" in the first paragraph;
2° After the last paragraph, he added a second to read as follows:
“II. ∙ The officers referred to in I of this section are also authorized to carry out the necessary controls to verify compliance with the provisions of the regulations below and the community-based regulations and decisions that would alter or be made for their application: »
"EEC Regulation (EC) No 1907 / 2006 of the European Parliament and the Council, of 18 December 2006, concerning the registration, evaluation and authorization of chemical substances, as well as the restrictions applicable to these substances (REACH), establishing a European Chemicals Agency, amending Directive 1999 / 45 / EC and repealing Regulation (EEC) No 793 / 93 of the Council and Regulation (EC) No 1488 / 94
« ― Regulation (EC) No. 842 / 2006 of the European Parliament and the Council of 17 May 2006 concerning certain fluorinated greenhouse gases;
« ― Regulation (EC) No 850 / 2004 of the European Parliament and the Council, of 29 April 2004, concerning persistent organic pollutants and amending Directive 79 / 117 / EEC;
« ― Regulation (EC) No 304 / 2003 of the European Parliament and the Council, of 28 January 2003, concerning the export and import of dangerous chemicals;
" — Regulation (EC) No 2037 / 2000 of the European Parliament and the Council of 29 June 2000 on substances that deplete the ozone layer. »
X.-It is added to article L. 521-13 the following two paragraphs:
"For computerized operations, they have access to software and data; they may request the transcription by any appropriate processing in documents directly usable for the purposes of the control.
"These officers are authorized, for the purposes of their missions defined in the first paragraph of Article L. 521-12, to communicate all information and documents held or collected in the course of their respective missions concerning the substances, preparations and articles covered in this heading. »
XI.-The second paragraph of Article L. 521-14 is replaced by the following provisions:
"The samples are analyzed by a state laboratory, the French Health Product Safety Agency or a laboratory designated by the competent authority.
"Sample sampling shall be carried out in the presence of the establishment director or his representative if the control is carried out in a manufacturing or storage facility or if the substances or products subject to the sampling are packed in bulk. The substances or products being collected are inventoried and left to the holder's custody. These transactions are the subject of a report, a copy of which is given to the holder and, where appropriate, a notification of the decision to record.
"A decree in the Council of State specifies the conditions for sampling, analysis and testing. »
XII.-Section L. 521-15 is amended to read:
1° In the first paragraph, the words: "Substances or preparations, or manufactured products or equipment containing them" are replaced by the words: "Substances, preparations, articles, manufactured products or equipment containing them";
2° The following paragraph is added to section L. 521-15:
"The substances and preparations, articles, manufactured products or equipment seized are immediately inventoried. The inventory is annexed to the seizure report. The originals of the minutes and the inventory are transmitted within five days of the close of the minutes to the judge who ordered the seizure. »
XIII.-The second paragraph of Article L. 521-16 is amended to read:
"Without prejudice to the enforcement of controls and the finding of offences under articles 4, 12 and 17 of ILO Convention No. 81 concerning the inspection of labour in industry and trade, the Attorney General of the Republic is first informed of the planned operations for the search for offences. He can oppose these operations. »
XIV.-Section L. 521-17 is replaced by the following provisions:
"Art.L. 521-17.-Without prejudice to the application to the controls and to the finding of the offences of articles 4, 12 and 17 of ILO Convention No. 81 concerning the inspection of work in industry and trade, the officers performing control and noting a breach of the obligations of this chapter or of the regulations (EC) no. 2037 / 2000, (EC) no. 304 / 2003, (EC)
"Not later than six months after the finding of a breach, the competent administrative authority, after having invited the person concerned to become aware of the record and to submit its observations within a period not exceeding three months, may retain the manufacturer or importer or the industrial or professional user of substances or preparations to meet, within a given period, the obligations of this chapter. »
XV.-Section L. 521-18 is replaced by the following provisions:
"Art.L. 521-18.-If, at the expiry of the time limit, the interested party has not referred to the stay provided for in Article L. 521-17, the competent administrative authority may:
« 1° Order the payment of a fine equal to 15,000 € and a daily payment of 1,500 €;
« 2° Order a ban on import, manufacture or marketing of substances, preparations and articles;
« 3° Enjoin the importer of substances, preparations or articles imported in ignorance of Parts II, VII and VIII of Regulation (EC) No. 1907 / 2006 to return the substance, preparation or product outside the territory of the European Union or to ensure its disposal under the conditions set out in Part IV of this book. In the event of non-performance, the competent authority shall make all necessary arrangements to ensure that the substance, preparation or product is returned or disposed of. The corresponding expenses are borne by the importer;
« 4° Enjoin the manufacturer of substances, preparations or articles manufactured in ignorance of Parts II, VII and VIII of Regulation (EC) No. 1907 / 2006 to ensure their disposal under the conditions set out in Part IV of this book. In the event of non-performance, the competent authority shall make all the necessary provisions to ensure that the removal is carried out. The corresponding costs are borne by the manufacturer;
“5° Obligate:
"the manufacturer, or importer, to record in the hands of a public accountant an amount corresponding to the amount of the data preparation, tests and studies to be performed before a date that it determines to record a substance such as or contained in a preparation or intended to be rejected from an article under normal or reasonably foreseeable conditions of use;
"– the downstream user to record in the hands of a public accountant an amount corresponding to the amount of the data preparation, tests and studies to be carried out before a date it determines to establish an application for authorization or to prepare a chemical safety report in the case provided for in section 37. 4 of Regulation (EC) No 1907 / 2006.
"The sum recorded is returned as the tests and studies or the production of the requested data are performed. »
XVI.-Section L. 521-19 is replaced by the following provisions:
"Art.L. 521-19.-The fines and fines provided for in the 1st of Article L. 521-18 may not relate to facts that go back to more than three years if it has not been carried out within this period any act for their search, finding or sanctioning.
"The fines and fines set out in the 1st of Article L. 521-18 and the sums recorded under the 5th of the same Article shall be recovered in accordance with the terms provided for in the claims referred to in Article 80 of Decree No. 62-1587 of 29 December 1962 concerning the General Regulation on Public Accounts.
"Recorded sums are entitled to a privilege of the same rank as that provided for in section 1920 of the General Tax Code. The accountant may initiate the notice procedure to third-party holders under section L. 263 of the Tax Procedures Book.
"A decree in the Council of State specifies the procedural guarantees to ensure the rights of the defence during the pronouncement of the fine provided for in the 1st of Article L. 521-18 and, if any, for the measures mentioned in the 2nd to 4th of the same article. This Order also provides for the disposition of the offence referred to in Article L. 521-18. »
XVII.-Article L. 521-21 is amended as follows:
1° In the third paragraph, the words "of II" and "and by regulations (EC) No. 304 / 2003, (EEC) No. 793 / 93, (EC) No. 2037 / 2000" are deleted;
2° In I, the following paragraphs are added:
"4° Manufacture or import without prior registration a substance, such as what or contained in a preparation or intended to be rejected from an article within the meaning of Regulation No. 1907 / 2006 under normal or reasonably foreseeable conditions of use, subject to registration in ignorance of Title II of Regulation (EC) No. 1907 / 2006;
« 5° For the manufacturer or importer, obtain or attempt to obtain the issuance of a substance registration number by false declaration or by any other fraudulent means;
"6° Manufacture, import or use, without the corresponding authorisation decision, a substance, such as or contained in a preparation or article, in ignorance of Title VII of Regulation (EC) No. 1907 / 2006;
« 7° Do not comply with the restrictions imposed under Part VIII of Regulation (EC) No. 1907 / 2006;
« 8° For a downstream user, not having communicated to the European Chemicals Agency the information provided for in Article 38 of Regulation (EC) No. 1907 / 2006 under the conditions provided for in this Article;
« 9° Do not comply with the prohibition measures or the regulations (EC) no 2037 / 2000, (EC) no 304 / 2003, (EC) no 850 / 2004 and (EC) no 842 / 2006. » ;
3° II becomes the III;
4° The following is added:
“II. ― is punishable by three months in prison and 20,000 € in fines not to provide the recipient of a substance or preparation a security data sheet, as well as its annexes, established and updated in accordance with the requirements set out in section 31 of Regulation (EC) No. 1907 / 2006. » ;
5° The III becomes the IV;
6° IV becomes the V;
7° The V becomes the VI.
XVIII.-Section L. 521-24 is replaced by the following provisions:
"When a regulation or decision of the European Community contains provisions made for the application of the regulations (EC) No. 2037 / 2000, (EC) No. 304 / 2003, (EC) No. 850 / 2004, (EC) No. 842 / 2006, (EC) No. 1907 / 2006 and which enter the scope of this chapter, it is found by decree in the Council of State that they constitute the measures of execution envisaged in this chapter. »
XIX.-The 4th of Article L. 522-16 is deleted.
XX.-The headings "Section 1: Declaration of New Substances" and "Section 2: Provisions common to substances and preparations" are deleted.
XXI. ― Articles L. 521-5 to L. 521-11 are section 1 entitled "Common Provisions for Chemicals".
XXII. ― Section 3 entitled “Control and recognition of offences” becomes Section 2 “Control and recognition of offences”.
XXIII. ― Section 4 entitled "Administrative sanctions" becomes section 3 "Administrative sanctions".
XXIV. ― Section 5, entitled "criminal sanctions" becomes section 4 "criminal sanctions".
XXV. ― articles L. 521-2 to L. 521-4are repealed.
XXVI. ― In I of Article L. 522-12, the words "in I, III and IV of" are replaced by the word "to".
The working code is amended to read:
I.-Section L. 4411-3 is replaced by the following provisions:
"Art.69.L. 4411-3.-Without prejudice to compliance with the obligations of the regulations (EC) no. 2037 / 2000, (EC) no. 304 / 2003, (EC) no. 850 / 2004 and (EC) no. 842 / 2006, manufacturing, marketing, use of substances, such as or contained in preparations or articles, and placing on the market of the preparations, are subject to the provisions of the regulation (EC) »
II.-A Article L. 4411-4, the words: "the sellers" are replaced by the words: "any person responsible for marketing."
III.-Section L. 4411-5 is replaced by the following provisions:
"Art.L. 4411-5.-The provisions of paragraph 2 shall not apply to the manufacturer, importer or any person responsible for the marketing of certain categories of preparations submitted to other reporting procedures when these procedures take into account the risks incurred by workers. »
IV.-A Article L. 4741-9, the words "L. 4411-1 to L. 4411-6" are replaced by the words "L. 4411-1, L. 4411-2, L. 4411-4 to L. 4411-6".
The 6th of Article L. 5141-2 of the Public Health Code is as follows:
« 6° Veterinary pest control drugs, any pest control product for veterinary use, as well as products that claim external pest control action with lethal action on the parasite. »
Until 1 June 2009, and in accordance with the provisions of 3 of Article 67 and 4 of Article 141 of Regulation (EC) No 1907/2006, the following measures may be taken by joint decree of ministers responsible for the environment, health and work for substances and preparations with serious hazards or risks not validly controlled, for workers, human health or the environment as well as for manufactured products or equipment
1° Provisional or permanent, total or partial prohibition of manufacture, import, export, transport, marketing or certain uses;
2° Prescription to restrict or regulate the manufacture, import, export, marketing, use for certain uses, recovery, regeneration, recycling, destruction, storage, transport, composition, labelling, packaging, trade name and advertising, as well as any other conditions necessary for the preservation of human health or the environment.
These measures remain in force until June 1, 2013.
The Prime Minister, the Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management, the Minister of Labour, Social Relations, the Family, Solidarity and the City and the Minister of Health and Sports are responsible, each with respect to the application of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, February 26, 2009.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister of State, Minister of Ecology,
of energy, sustainable development
and landscaping,
Jean-Louis Borloo
Minister of Labour, Social Relations,
of the family, solidarity
and the city,
Brice Hortefeux
Minister of Health and Sports,
Roselyne Bachelot-Narquin
