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Decree No. 2009-235 Of 27 February 2009 On The Organisation And The Tasks Of The Regional Directorates Of Environment, Planning And Housing

Original Language Title: Décret n° 2009-235 du 27 février 2009 relatif à l'organisation et aux missions des directions régionales de l'environnement, de l'aménagement et du logement

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Summary

Application of articles 4 and 6 of Act No. 92-125 of 6 February 1992 as amended; 25 of Act No. 95-115 of 4 February 1995. Decrees No. 83-567 of 27 June 1983, 83-568 of 27 June 1983 amended, 91-1139 of 4 November 1991 amended and Articles 5 to 7 of Decree No. 67-278 of 30 March 1967 amended are repealed, except as they relate to the Ile-de-France region and overseas regions. However, they remain in force for the application of the provisions of Article 7 of this Decree.

Keywords

ECOLOGY , PUBLIC FUNCTION OF ETAT , DECONCENTRE SERVICE , REGIONAL DIRECTION OF THE ENVIRONMENT AND LOGING ENVIRONMENT , DREAL , ORGANIZATION , MISSION , FUNCTIONING , COMPOSITION , COMPETENCE


JORF no.0050 of 28 February 2009
text No. 1



Decree No. 2009-235 of 27 February 2009 on the organization and missions of regional environmental, development and housing branches

NOR: DEVK0827636D ELI: https://www.legifrance.gouv.fr/eli/decret/2009/2/27/DEVK0827636D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2009/2/27/2009-235/jo/texte


The Prime Minister,
On the report of the Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management, and the Minister of Housing,
Vu la Orientation Act No. 92-125 of 6 February 1992 amended on the territorial administration of the Republic, including Articles 4 and 6;
Vu la Act No. 95-115 of 4 February 1995 orientation for the development and development of the territory, including its article 25 ;
Vu le Decree No. 67-278 of 30 March 1967 amended on the organization and responsibilities of departmental and regional services of the Ministry of Equipment;
Vu le Decree No. 83-567 of 27 June 1983 establishing the territorial jurisdiction of the department of industry and research decentralized services;
Vu le Decree No. 83-568 of 27 June 1983 modified for the organization of regional branches of industry, research and the environment;
Vu le Decree No. 91-1139 of 4 November 1991 modified for the organization and missions of regional environmental directorates;
Vu le Decree No. 92-604 of 1 July 1992 amended with the charter of the deconcentration;
Vu le Decree No. 95-1007 of 13 September 1995 amended on the inter-ministerial committee for state reform and the inter-ministerial delegation to state reform;
Vu le Decree No. 2004-374 of 29 April 2004 amended on the powers of prefects, the organization and action of State services in the regions and departments;
Vu le Decree No. 2006-672 of 8 June 2006 on the establishment, composition and functioning of administrative advisory commissions;
Considering the opinion of the inter-ministerial water mission of 13 November 2008;
Considering the advice of the Departmental Joint Technical Committee of the Ministry of Ecology, Energy, Sustainable Development and Land Management dated 4 December 2008;
In view of the advice of the Joint Ministerial Technical Committee to the Ministry of Economy, Industry and Employment and the Department of Budget, Public Accounts and Public Service dated December 9, 2008;
The State Council (Section of Administration) heard,
Decrete:

  • CHAPTER IER: ORGANIZATION AND MISSIONS OF REGIONAL DIRECTIONS OF ENVIRONMENT, AMENAGEMENT AND LOGING Article 1 Learn more about this article...


    The regional branches of the environment, development and housing are deconcentrated services under the Minister for Ecology, Energy, Sustainable Development and Land Management, which are made available as necessary to the ministers responsible for housing and the city.
    In each region, the Regional Directorate of the Environment, Development and Housing is created by a merger of the Regional Directorate of Equipment, the Regional Directorate of the Environment and the Regional Directorate of Industry, Research and the Environment, excluding its industrial development and metrology missions.
    The Regional Directorate of the Environment, Development and Housing shall carry out the tasks set out in Article 2, under the authority of the Prefect of the Region and under the functional authority of the Prefect of Department for the missions under its jurisdiction.
    The regional management of the environment, development and housing includes a seat and territorial units.

    Article 2 Learn more about this article...


    In the region, under the authority of the prefect of the region, and subject to the competence of the prefect of the department and the competence assigned to other public services or institutions of the State, the regional management of the environment, development and housing carries out the following tasks:
    1° management of environmental, environmental, environmental and environmental risks, and
    2° It is responsible for developing and implementing State housing policies, including the development of housing supply, urban renewal and the fight against unworthy habitat;
    3° It oversees and co-ordinates the policies of the Minister for Ecology, Energy, Sustainable Development and Land Management and those of the Minister responsible for housing implemented by other decent services. It coordinates the implementation of these policies with the actions of the public institutions of the State concerned;
    4° It ensures that the principles and objectives of sustainable development are respected and that the environmental assessment of these actions is carried out and assists the relevant administrative authorities in the field of the environment on plans, programmes and projects;
    5° It promotes the participation of citizens in the development of projects under the Minister for Ecology, Energy, Sustainable Development and Land Management and the Minister for Housing that have an impact on the environment or land use;
    6° It contributes to the information, training and education of citizens on sustainable development issues and their awareness of risks.

    Article 3 Learn more about this article...


    Under the conditions set out inarticle 24 of the decree of 29 April 2004 referred to above, the Regional Directorate of the Environment, Development and Housing may be responsible, by order of the Minister for Ecology, Energy, Sustainable Development and Land Management, for missions that are in whole or in part interregional in the areas mentioned in section 2 of this Order.

    Article 4 Learn more about this article...


    The Regional Director of the Environment, Development and Housing is appointed by a joint order of the Minister for Ecology, Energy, Sustainable Development and Land Management and the Minister for Housing, following the advice of the Regional Commissioner.
    The Regional Director of Environment, Development and Housing is assisted by one or more Deputy Directors, appointed under the same conditions. A joint order of the Minister for Ecology, Energy, Sustainable Development and Land Management, the Minister for Public Service and the Minister for Budget, for each region, the number of deputy directors.

    Article 5 Learn more about this article...


    "Regional Equipment" and "Regional Equipment" (S) are replaced by "Regional Equipment" and "Regional Management" (S)

    Article 6 Learn more about this article...


    I. ― In each region where a regional management of the environment, development and housing is established, within advisory committees with a fixed proportion of representatives of the state administration, representatives of the regional management of the equipment, the regional management of the environment and the regional management of the industry, research and the environment are replaced, in equal number, by representatives of the regional management of the environment
    Within advisory committees whose composition does not obey such a rule, the representatives of the regional branches referred to in the previous paragraph are replaced, except as otherwise provided by a single representative of the regional environmental management, management and housing.
    II. - The provisions of I do not apply to instances involving a representation of the regional management of the research and environment industry under its industrial development and metrology missions.

  • CHAPTER II: TRANSITIONAL AND FINAL PROVISIONS Article 7 Learn more about this article...


    The provisions of this Decree shall take effect in each region on the date of the appointment of the Regional Director of the Environment, Planning and Housing and no later than January 1, 2011.

    Article 8 Learn more about this article...


    The industrial development and metrology missions carried out on behalf of the Ministry of Economy, Industry and Employment by the Regional Directorate of Industry, Research and the Environment are maintained within the Regional Directorate of the Environment, Planning and Housing until they are devolved to another 10-year state service.

    Article 9 Learn more about this article...


    The provisions of this decree may be amended by decree, with the exception of articles 3 and 10.

    Article 10 Learn more about this article...


    This Order does not apply to the Ile-de-France region or to the overseas regions.

    Article 11 Learn more about this article...


    decrees of 27 June 1983, decree of 4 November 1991 referred to above and Articles 5, 6 and 7 of the Decree of 30 March 1967 referred to above are repealed, except as they relate to the Ile-de-France region and overseas regions. However, they remain in force for the application of the provisions of Article 7 of this Decree.

    Article 12 Learn more about this article...


    The Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management, Minister of Interior, Overseas and Territorial Communities, Minister of Economy, Industry and Employment, Minister of Housing and Minister of Budget, Public Accounts and Public Service are responsible, each with respect to it, for the execution of this official decree.


Done in Paris, February 27, 2009.


François Fillon


By the Prime Minister:


Minister of State, Minister of Ecology,

of energy, sustainable development

and landscaping,

Jean-Louis Borloo

The Minister of the Interior,

the overseas and territorial authorities,

Michèle Alliot-Marie

Minister of Economy,

industry and employment,

Christine Lagarde

The Minister of Housing,

Christine Boutin

Minister of Budget, Public Accounts

and the Public Service,

Eric Woerth


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