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Law No. 2009-967 Of August 3, 2009 Programming Relating To The Implementation Of The Grenelle Of The Environment

Original Language Title: LOI n° 2009-967 du 3 août 2009 de programmation relative à la mise en œuvre du Grenelle de l'environnement

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Texts transposed

Directive 2009/28/EC of the European Parliament and the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and repealing Directives 2001/77/EC and 2003/30/EC

Directive 2010/31/EU of the European Parliament and the Council on Energy Performance of Buildings

Directive 2012/27/EU of the European Parliament and the Council on Energy Efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC

Application texts

Summary

Modification of the urban planning code, the heritage code, the general tax code, the general code of territorial authorities.
Amendment of Act No. 82-1153 of 30 December 1982 to guide inland transport: amendment of sections 3, 4.
Amendment of Act No. 2005-781 of 13 July 2005 of the programme setting out the directions of energy policy: creation of Article 29.
Complete transfer of Directive 2009/28/EC of the European Parliament and the Council on the promotion of the use of energy from renewable sources and amending and repealing Directives 2001/77/EC and 2003/30/EC.
Partial transfer of Directive 2010/31/EU of the European Parliament and the Council on Energy Performance of Buildings; Directive 2012/27/EU of the European Parliament and the Council on Energy Efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC.
Repeal of sections 18, 19 (II, III), 20, 21 of this Act by Act No. 2015-992 of 17 August 2015 on the energy transition for green growth.
Partly repealed: Article 17 (paragraph II) (Decree No. 2015-1469 of 13 November 2015).

Keywords

SUSTAINABLE DEVELOPMENT, GLOBAL CODE,

Legislative records




JORF n°0179 of 5 August 2009 page 13031
text No. 2



LOI n° 2009-967 of 3 August 2009 of programming relating to the implementation of the Grenelle de l'environnement (1)

NOR: DEVX0811607L ELI: https://www.legifrance.gouv.fr/eli/loi/2009/8/3/DEVX0811607L/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/loi/2009/8/3/2009-967/jo/texte


The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:

Article 1 Learn more about this article...


This Act, with the will and ambition to respond to the shared and worrying observation of an ecological emergency, sets out the objectives and, as such, defines the framework of action, organizes long-term governance and sets out the instruments of the policy implemented to combat climate change and adapt to it, preserve biodiversity and the services associated with it, contribute to a health-friendly environment, preserve and highlight landscapes. It provides a new model of sustainable development that respects the environment and combines with a reduction in energy, water and other natural resources. It ensures sustainable growth without compromising the needs of future generations.
For public decisions that may have a significant impact on the environment, decision-making procedures will be revised to focus on environmentally sound solutions, demonstrating that a more environmentally friendly alternative decision is impossible at a reasonable cost.
Public policies must promote sustainable development. To this end, they reconcile the protection and development of the environment, economic development and social progress.
The national sustainable development strategy and the national biodiversity strategy are developed by the State in line with the European sustainable development strategy and in consultation with representatives of national and local elected officials, employers, employees and civil society, including associations and foundations referred to in the second paragraph of Article 49 of this Law.
The State monitors their implementation in a committee that will continue the Grenelle environmental stakeholders conference and reports annually to Parliament, to which it proposes measures to improve their effectiveness. The Government shall transmit to it, no later than 10 October, an annual report on the implementation of the commitments under this Act, its impact on local finances and taxation, and its impact on mandatory levies in the context of the principle of stability of tax pressure on individuals and businesses.
With respect to overseas regions, departments and communities, taking into account their environmental characteristics and the richness of their biodiversity, the State will build its policy on specific strategic choices that will be declined in the context of specific measures of these communities.
These choices will include an experimental framework for sustainable development, under appropriate local governance, based on the provisions of the third paragraph of Article 73 of the Constitution.

  • TITRE IER: LUTTE CONTRE LE CHANGEMENT CLIMATIQUE Article 2 Learn more about this article...


    I. ― The fight against climate change is a priority. With this in mind, France's commitment to divide its greenhouse gas emissions by four between 1990 and 2050 by reducing by 3% per year, on average, greenhouse gas emissions into the atmosphere, in order to reduce its annual greenhouse gas emissions to a level less than 140 million tonnes of carbon dioxide to this maturity.
    Considering that the Arctic region plays a central role in the global balance of the world's climate, France will support the creation of an international scientific observatory of the Arctic.
    In addition, in order to protect the environment, it will promote or accompany, within the relevant international forums, the adaptation of international regulations to new uses of the Arctic Ocean made possible by its increasing accessibility.
    France is set to become the most efficient carbon economy of the European Community by 2020. To this end, it will take all its part in achieving the goal of reducing at least 20% of the greenhouse gas emissions of the European Community at that time, with this target being increased to 30% as long as other industrialized countries outside the European Community are committed to comparable objectives and the most advanced developing countries make an appropriate contribution. It will also support the conclusion of binding international emission reduction commitments. In the same way, it will contribute to the achievement of the objective of improving 20% of the energy efficiency of the European Community and is committed to bringing the share of renewable energy to at least 23% of its final energy consumption by 2020.
    II. – National measures to combat climate change will focus on reducing energy consumption in buildings and reducing greenhouse gas emissions in the transport and energy sectors. These measures are designed using a joint air quality protection and climate change mitigation approach. Control of energy demand is the sustainable solution to the problem of increasing energy costs for consumers, especially for the poorest households particularly vulnerable to fossil fuels. The housing energy savings program will include targeted action to combat energy precariousness.
    For the implementation of the objectives set out in I, national measures aim to integrate the cost of greenhouse gas emissions into the determination of prices of goods and services, including:
    - improving consumer information on the ecological cost of these goods and services;
    - adopting new regulations;
    ― extending the European system for the exchange of quotas for greenhouse gas emissions to new sectors, taking into account the national measures taken by other Member States;
    ― auctioning some of the quotas allocated to companies taking into account the impact of this auction on international competition to which the sectors concerned are exposed. The share of the quotas allocated by the auction can reach, starting in 2013, 100% if the sector concerned is in a position to bear the consequences without a significant loss of its market share, in accordance with the schedule set out in Directive 2003/87/EC of the European Parliament and the Council of 13 October 2003, establishing a system for the exchange of greenhouse gas emission quotas in the Community.
    The State will study the creation of a so-called "climate-energy" contribution to encourage so-called carbon and energy behaviours. The purpose of this contribution will be to integrate the effects of greenhouse gas emissions into price systems by taxing fossil energy consumption. It will be strictly compensated by a decline in mandatory levies so as to preserve the purchasing power of households and the competitiveness of companies. At the end of six months following the promulgation of this Act, the outcome of this study will be made public and transmitted to Parliament.
    France will support the establishment of a border adjustment mechanism for imports from countries that would refuse to contribute due to their respective responsibilities and capacities to the global effort to reduce greenhouse gas emissions after 2012.
    Economic incentive schemes and public financing for energy production and consumption investments will take into account the energy savings achieved and the time needed to make the investments concerned profitable. The efficiency of these mechanisms and devices will be assessed, in particular, against the cost of greenhouse gas emissions avoided.
    Economic incentives and public funding for the reduction of greenhouse gas emissions will need to be justified in particular by reference to the cost of the tonne of carbon dioxide avoided or permanently stored.

    • CHAPTER IER: REDUCTION OF ENERGY CONSUMtions Article 3 Learn more about this article...


      The building sector, which consumes more than 40% of the final energy and contributes almost a quarter to national greenhouse gas emissions, is the main energy savings deposit that can be exploited immediately. A plan for energy and thermal refurbishment of existing buildings and reduction of energy consumption of new constructions, carried out on a large scale, will permanently reduce energy spending, improve household purchasing power and contribute to reducing carbon dioxide emissions. This improvement involves the development and diffusion of new technologies in new construction and the implementation of an accelerated renovation programme of the existing park, taking into account the goal of accessibility to persons with disabilities within the meaning of Article L. 114 of the Code of Social Action and Families.

      Article 4 Learn more about this article...


      The thermal regulation for new constructions will be strengthened to reduce energy consumption and greenhouse gas emissions. It will focus on a significant technological and industrial development in the area of building design and insulation and for each energy sector, within the framework of a balanced energy bouquet, low greenhouse gas emissions and contributing to national energy independence.
      The state sets itself as objectives that:
      (a) All new constructions subject to a request for a building permit filed from the end of 2012 and, in anticipation from the end of 2010, if it is public buildings and buildings assigned to the tertiary sector, present a primary energy consumption below a threshold of 50 kilowatthours per square metre and per year on average; for energy that have an advantageous balance in terms of emissions of greenhouse gases, this threshold may also be modulated according to the location, characteristics and use of buildings; Each energy sector must, in any case, significantly reduce the energy consumption requirements defined by the regulations to which it is subject to the effective date of this Act. In order to ensure the energy design quality of the building, the thermal regulation will also set an ambitious threshold of maximum need in building heating energy; this threshold may be modulated according to the location, characteristics and use of buildings. A study by the Parliamentary Office for the Assessment of Scientific and Technological Choices will be carried out in order to propose a relevant level of modulation to meet the objectives set out in the first paragraph and to measure the economic impact of the overall plan; this study will also discuss issues related to final energy conversion factors in primary energy;
      (b) All new constructions that are subject to a request for a building permit deposited from the end of 2020, with the exception of this, have a consumption of primary energy below the quantity of renewable energy produced in these constructions, including wood-energy;
      (c) New housing built as part of the national urban renewal programme provided for by the Act No. 2003-710 of 1 August 2003 orientation and programming for the city and urban renewal meet the requirements of a.
      The above standards will be adapted to the use of wood as a material, ensuring that the use of certified wood is preferred and, in a more general way, biomaterials without a negative impact on the health of the inhabitants and artisans.
      In order to achieve these objectives, housing buyers whose energy performance will exceed the thresholds set by the applicable regulations will be able to benefit from an additional benefit under ownership and zero-rate loan assistance.

      Article 5 Learn more about this article...


      The State is set to reduce energy consumption in the existing building fleet by at least 38% by 2020. To this end, the State sets out as its objective the complete renovation of 400,000 housing units each year from 2013.
      I. ― All state and public buildings will be audited by 2010. The objective is, from the diagnosis thus established, to undertake their renovation by 2012 with treatment of their less energy efficient surfaces. This renovation will aim to reduce energy consumption by at least 40% and at least 50% of greenhouse gas emissions from these buildings within eight years.
      The State will encourage territorial authorities, in accordance with their free administration, to undertake a programme to renovate their buildings in terms of energy saving under the same conditions and at the same pace as mentioned in the preceding paragraph. Policies undertaken by overseas territorial authorities will be subject to specific support to take into account seismic risks.
      If the conditions defined by theOrder No. 2004-559 of 17 June 2004 on the partnership contracts are satisfied, it may be used in partnership contracts to carry out the renovation work on energy saving, covering the 50 and 70 million square meters of surface of the state buildings and its main public institutions respectively.
      The law of the public order shall take into account the objective of reducing energy consumption referred to in the first paragraph, by authorizing the procuring authority to use an energy performance contract, in particular in the form of a comprehensive market that includes design, implementation and operation or maintenance services, as long as the improvements in energy efficiency are contractually guaranteed.
      II. ― The state sets itself the objective of the renovation of the entire social housing stock. For this purpose, to begin with, 800,000 social housing units whose energy consumption is greater than 230 kilowatthours of primary energy per square metre and per year will be subject to work before 2020, in order to reduce their annual consumption to values less than 150 kilowatthours of primary energy per square metre. In particular, this work will cover 180,000 social housing units located in areas defined by theArticle 6 of Act No. 2003-710 of 1 August 2003 orientation and programming for the city and urban renewal.
      To define the program's priorities, consideration will be given to the level of heating expenses paid by tenants, the level of annual consumption and the importance of the savings envisaged.
      This renovation programme is divided into:


      YEARS
      2009
      2010
      2011 to 2020

      Renovated social housing

      40 000

      60,000

      70,000 per year


      To this end, a special-rate loan envelope will be granted to social housing agencies. Conventions between the State and these bodies will define the conditions for the implementation of the programme and will provide for the financing of the renovation work, especially from the savings realized through this renovation work. In support of these conventions, the State will be able to allocate subsidies that will be up to 20% of the cost of the work.
      Social housing agencies will be encouraged to use renewable energy, in particular to enable them to adapt marginally to the standard set out in the first paragraph in the case of a clearly difficult heritage to renovate. A decree sets out the technical conditions that could justify such adaptations and the compensation arrangements applicable to the organizations concerned.
      III. ― In order to allow for an accelerated renovation of the existing residential and tertiary energy-saving park, the State will put in place specific actions including a set of financial incentives to encourage the realization of the work. Thus:
      (a) The State will promote the conclusion of agreements with the banking and insurance sector, while mobilizing public financial institutions, to develop the financing of energy saving investments; The purpose of these agreements will be to establish loans to individuals whose financial characteristics will allow for the reimbursement of annuities of borrowing through the energy savings realized; likewise, the State will encourage the simplification and development of energy performance contracts with a view to facilitating their dissemination, especially in condominiums, and will ensure the development of models of energy performance contracts adapted to the various sectors (residential, tertiary) it will encourage the insurance sector to develop a product offering to ensure the good result of the energy improvement work of residential buildings;
      (b) The terms and conditions for the application of the income tax credit for energy savings and the use of renewable energy will be reformed, in order to promote the renovation of the rental housing and the construction of work or the acquisition of the most efficient equipment;
      (c) Owners of large areas for tertiary activities, including land companies, may be subject to the energy saving certificates.
      The State will encourage donors and tenant associations to engage in a consultation to determine the modalities for sharing energy savings achieved by these investments. Within one year of the promulgation of this Act, the Government will report to Parliament on the state of the consultation.
      In addition to the above measures, the State will provide financial incentive schemes to encourage owners and co-owners' unions to carry out heavy renovations to increase the energy performance of old housing with very degraded thermal and energy characteristics. These devices will focus on financing that leverages the gains made by energy savings. A study will also analyse the possibilities for the completion of renovation work obligations.
      The energy performance diagnosis will be adapted to the overseas to take into account the characteristics of these territories.
      The State will encourage the establishment of a grouping of all the actors in the building renovation plan to monitor and adapt the energy saving renovation projects in the residential and tertiary sectors.
      Within one year after the promulgation of this Act, the State will issue a report to national representation, measuring the carbon dioxide production of air conditioning systems and their impact on the ecosystem and the environment, especially in overseas communities.
      The emergency plan for youth employment will focus on environmental trades, particularly in the building sector.

      Article 6 Learn more about this article...


      The State will encourage the actors of the initial vocational training and continue to engage, in consultation with the regions, a multi-year program of qualification and training of building professionals and energy efficiency in order to encourage the renovation activity of the building, in its dimensions of thermal and energy, acoustic and indoor air quality performance. This program will focus on training in pre-diagnosing techniques, knowledge of renewable energies and their methods of use, adaptation of training content to focus insulation and heating networks.
      Public research programs in the field of the building will be oriented towards the new generations of low-energy buildings, energy producers from renewable sources and efficient renovation techniques in energy saving.
      France supports the creation of a European platform on eco-construction, to develop research and promote the various sectors of low-energy buildings.

    • CHAPTER II: URBANISME
      • SECTION 1: PROVISIONS RELATING TO OBJECTIVES Article 7 Learn more about this article...


        I. ― The role of public authorities in the design and implementation of sustainable development programs must be strengthened. To this end, the State will encourage regions, departments and municipalities and their groups of more than 50,000 inhabitants to establish, in coherence with urban planning documents and after consultation with other competent authorities in the field of energy, transport and waste, "climate-energy plans" before 2012.
        II. ∙ The right to urban planning shall take into account the following objectives within one year of the publication of this Act:
        (a) Addressing the regression of agricultural and natural areas, the local authorities setting quantified objectives in this area after spatial consumption indicators have been defined. Within six months of the publication of this Act, a study on tax reform and possible incentives to limit the extension of artificialized land will be carried out;
        (b) To combat urban spreading and energy depletion, as well as to enable the revitalization of city centres, the territorial authorities now, or having in the year following the adoption of this Act, equipped with tools, in particular, to condition the creation of new neighbourhoods, development operations with dominant habitat or offices to the creation or corresponding strengthening of transport infrastructures,
        (c) Designing urban planning in a comprehensive manner by harmonizing the guidance documents and planning documents established at the scale of the agglomeration;
        (d) To preserve biodiversity, including through the conservation, restoration and creation of ecological continuity;
        (e) To ensure efficient management of resources and space and to re-examine in this context the tax systems and financial incentives for housing and urban planning;
        (f) Allow the implementation of works to improve the energy performance of buildings, including external insulation, by adapting the rules relating to the protection of the public domain;
        (g) Create a link between density and level of service by public transport.
        III. ― The State will encourage the execution by local authorities of exemplary operations for the sustainable development of the territories.
        It will implement an action plan to encourage territorial communities, including those with a significant habitat development program, to achieve eco-neighborhoods by 2012, providing them with repositories and technical assistance for the design and implementation of projects.
        It will encourage the realization, through voluntary agglomerations, of global programmes of energy, architectural, landscape and social innovation, in continuity with the existing building, which will integrate in their objectives the preservation and renovation of the existing heritage, the development of public transport and energy-efficient modes of movement, the integration of economic and social issues, the reduction of space consumption and the realization of several eco-districts.
        A plan to restore nature to the city will be prepared for the year 2009.

      • SECTION 2: PROVISIONS RELATING TO USE AND PATRIMOINE Article 8 Learn more about this article...


        I. ― Article L. 110 of the urban planning code is thus amended:
        1° In the last sentence, after the words: "management of soil in a cost-effective manner", the words are inserted: "reducing greenhouse gas emissions, reducing energy consumption, saving fossil resources" and, after the words: "scenes", are inserted the words: ", preserving biodiversity, especially through the conservation, restoration and creation of ecological continuity,";
        2° It is added a sentence as follows:
        " Their urban planning action contributes to the fight against climate change and adaptation to this change. »
        II. ― After article L. 128-3 of the same code, an article L. 128-4 is inserted as follows:
        "Art. L. 128-4. - Any development action or operation as defined in Article L. 300-1 and subject to an impact assessment shall be the subject of a feasibility study on the potential for renewable energy development of the area, in particular on the opportunity of creation or connection to a heat or cold network using renewable energy and recovery. »

        Article 9 Learn more about this article...


        Article L. 642-3 of the Heritage Code is amended as follows:
        1° In the first and second sentences of the first paragraph, the word "compliant" is deleted;
        2° The second paragraph is deleted;
        3° In the third paragraph, the words: "or the representative of the State in the region" are deleted;
        4° The last paragraph is as follows:
        "If the competent minister has decided to refer to the file, the authorization can only intervene after his agreement. »

    • CHAPTER III: TRANSPORT
      • SECTION 1: PROVISIONS RELATING TO OBJECTIVES Article 10 Learn more about this article...


        I. ― The transport policy contributes to sustainable development and compliance with France's national and international commitments on greenhouse gas emissions and other pollutants, while limiting the consumption of agricultural and natural spaces. The objective is to reduce greenhouse gas emissions by 20% by 2020 in the transport sector, in order to bring them back to the level they had achieved in 1990.
        The State will ensure that pollution and nuisance of different modes of transport is reduced. It will promote the adoption of responsible behaviours in terms of environmental requirements, encourage transport companies to improve their environmental performance and encourage the renewal of transport equipment and innovative transport projects that promote the reduction of greenhouse gas emissions.
        The pollution and nuisance reduction policy will, every five years, be subject to an assessment and action program based on quantified objectives.
        In a logic of development of multimodal and integrated transport, the State will ensure that the increase in road capacity is limited to the treatment of congestion points, security problems or local needs by limiting environmental impacts.
        Fuel suppliers will have to take actions to control their consumption.
        II. ― The State examines the possibility of creating a capitalization fund, comprising the assets and participations of the State in the capital of the companies of which it is shareholder, which could, if any, be managed within the framework of the missions of the Agence de financement des infrastructures de transport de France. The capital of this fund would be open to institutional investors and local authorities.
        The purpose of the participation fund would be to finance the achievement of the objectives set out in I. In addition, this study will propose various mechanisms to finance major transport infrastructure projects. The Government will present its findings to Parliament no later than six months after the promulgation of this Act.
        Projects to complete the broadly engaged highway routes will be completed as soon as possible and in compliance with environmental standards in line with sustainable development.

        Article 11 Learn more about this article...


        I. ― For the transport of goods, the development of the use of river, rail, shipping and, in particular, cabotage is a priority. To this end, the State will give priority to railway, river and port investments, while taking into account the issues related to economic development and the development and competitiveness of the territories. It will support the development of massified rail and river freight traffic, combined rail, river and maritime transport, railway highways and sea highways.
        The means for the transport of goods policy are mobilized to change the modal part of the non-routier and non-aerial from 14% to 25% at the end of 2022. In the first step, the action program will achieve a 25% growth in the non-road and non-air cargo modal by 2012. This increase will be calculated on the basis of the cargo activity recorded in 2006.
        State budget allocations will encourage the use of combined transport through tariff compensation to operators, through agreements between the State and the operators that engage on development and organisation objectives.
        II. – Sustainable transport policy gives rail priority to the existing network. This priority is based first on its regeneration, then on its modernization.
        To this end, it will be established, by the end of 2009, a map of the current and predictable saturation and slowing of the railway network by 2020. This mapping will also determine the lines that are not yet electrified.
        The State and its public institutions' means to regenerate the railway network will be increased steadily to reach an additional level of €400 million per year in 2015 compared to the current railway renewal plan 2006-2010, which is twice and a half higher than that found in 2004. The regions will contribute to this effort to maintain and regenerate the railway network. This financial effort will in particular be aimed at investment and operating expenses on the lines that play a real role of disenclave. The progressive extension of the high-speed railway network and the creation of new mixed lines will release capacity for rail freight. The two main North-South axes of the network will be designed to allow the movement of long trains of at least 1,000 metres.
        The national railway network will be modernized to allow a high-quality freight transport system that meets demand in terms of reliability, speed, regularity and flexibility. In this context, the investments of the State will be concentrated on certain priority routes of significant traffic, where cargo will benefit from efficient and stable links, taking into account the interests of the shippers.
        A network of high-frequency and combined transport railways will be developed to offer a powerful alternative to long-distance road transport, especially for transit traffic. In a first phase, three railway highways will be set up: the Alpine railway highway, which will be extended to the Lyon region, the railway highway between Perpignan and Luxembourg and the Atlantic railway highway between the Basque country, the Paris region and the north of France. Infrastructure adaptation will be subject to additional public funding of 50 million euros and the creation of multimodal cargo platforms in classic or high-speed cargo will be financed by 50 million euros. In a second phase, the objective will be the transfer of 2 million trucks; Finally, in a third phase, the objective will be to ensure the transit traffic of goods in its entirety by alternative modes to the road. In addition, the State will consider the possibility of establishing long-term loans or guarantees to facilitate the acquisition of the equipment required by the operators.
        The creation of local railway operators will be encouraged to respond to the demand for railway traffic of isolated cars. The ability to book furrows will be given to combined transport operators. Finally, innovative projects, such as high-speed cargo projects, particularly in connection with air mode, will be encouraged by specific devices.
        A procedure for regulating railway activities will promote the overall growth of freight traffic while ensuring the development without discrimination of competition in the conventional and high-speed rail freight market.
        The preservation of the grips of the disused railway lines will be promoted in order to allow the further development of a system of transport of goods, public transport or non-motorized transport, in consultation with the transport organizing authorities and the relevant territorial authorities.
        The Government shall submit a report to Parliament, no later than six months after the promulgation of this Act, on the opportunity to prohibit, as of December 31, 2015, traffic on the electrified lines of trains using a non-electric propulsion mode.
        III. ― Improving the competitiveness of the French marine ports in international competition and their multimodal service will enable the increase of freight transport and logistics activities, job creators and environmentally friendly. The objective is to double the market share of non-road cargo for transport to and from ports by 2015.
        To this end, the State will accompany the development of port capacities and create the conditions for an efficient terrestrial service of the large French marine ports by means of massified, rail and river transport, respecting the continental and estuarian aquatic environments. The rail service between the ports and their hinterland will have to be greatly improved by the development of freight lines and its inclusion in the framework of projects to improve the network of large lines or the realization of new sections.
        The waterway service of the marine ports will be significantly increased by efficient processing of river transport flows, optimization of handling costs, revision of penalizing tax practices and the realization of infrastructure ensuring the interface between waterways and port areas.
        IV. ― The State will support, with the various interested parties, the development of highways of the sea on the Atlantic facade between France, Spain and Portugal and on the Mediterranean facade between France, Spain and Italy, in order to offer alternatives to the crossing of the Pyrenean and Alpine massifs. The objective will be to allow a modal postponement of 5 to 10 per cent of the traffic involved. The State will be able to support these projects in particular through public service obligations and, if necessary, through financing for up to 80 million euros. The motorways of the sea on the Mediterranean facade will contribute to the development of the Union for the Mediterranean without compromising the Mediterranean coast.
        V. ― The river network, known as the magistrar, and in particular the large-scale river system, will be subject to a plan of restoration and modernization, the financial amount of which must be clearly established. The Seine-Nord-Europe large-scale canal, which will allow the postponement to the waterway of 4.5 billion tons-kilometres per year, the economy of 250,000 tons of carbon dioxide per year, will be realized. This programme, with a cost of 4 billion euros, will be co-financed as part of a public-private partnership contract, by the European Community, local authorities and the State, over the period 2009-2020. The studies required for a large-scale river link between the Saône and Moselle basins will be continued and a public debate will be held by 2012. This debate will also consider the interest of a river connection between the Saône and the Rhine which will be the subject of further preliminary studies. A public debate will also be held before the end of 2011 on the link to the large-scale Seine-sur-Seine bridge between Bray-sur-Seine and Nogent-sur-Seine.
        The modernization of the navigation dams will be accompanied, where relevant, by the construction of hydroelectric micro-central systems.
        In this context, the State's support for the batellerie will be maintained and will focus on the creation of companies and the construction and modernization of the river fleet. As such, the State will consider the possibility of implementing long-term loans and guarantees to facilitate the acquisition of the equipment necessary for the activity of the operators.
        In addition, the State will consider the opportunity to give to the public establishment Waterways of France the full ownership of the river public domain attached to the magistral network. The Government will present to Parliament the conclusions of these two studies no later than six months after the promulgation of this Act.
        The Government shall submit to Parliament, within six months of the adoption of this Act, a report on the need to renovate the manual dams of the magistral river network, on the overall cost of these interventions and the financing modalities, as well as on the regeneration of the river network for the transport of goods, and the multi-year financial effort granted as such by the State.
        VI. ― Measures will be put in place to improve the environmental performance of heavyweights, particularly in terms of fuel consumption. To this end, the State will encourage environmentally friendly driving, known as "eco-driving", the setting up of tolls, as well as the display of greenhouse gas emissions of transport services.
        An ecotax will be taken from the heavyweights starting in 2011 due to the cost of use of the unconceived national metropolitan road network and the routes of the territorial authorities that may be subject to a postponement of traffic. This ecotax will be used to finance transportation infrastructure projects. To this end, the proceeds of this taxation will be allocated annually to the Agence de financement des infrastructures de transport de France on the part of the national road network. The State shall transfer to the territorial authorities the proceeds of the tax corresponding to the amounts collected for the use of the road network of which they are owners, deducting the costs associated with it. This fee can be adjusted upwards on certain sections in order to carry out balanced traffic on non-congested axes.
        This tax will be impacted by carriers on the beneficiaries of the movement of goods. In addition, the State will consider measures for carriers to support tax implementation and take into account its impact on businesses. By exception, tax adjustments, whether tariffed or relating to the definition of the taxable network, will be provided for the purpose of avoiding an excessive economic impact on the different regions in view of their removal from the territories of the European space.
        In addition, the Government shall submit to Parliament, no later than three months after the promulgation of this Act, a report on the issues and impacts related, on the one hand, to the generalization of the authorization for the movement of 44 tons of heavy weights and, on the other hand, to the reduction of speed to 80 kilometres per hour for all heavy weights circulating on the highway and to their prohibition to exceed these axes.

        Article 12 Learn more about this article...


        I. ― The objective for passenger transport is to reduce the use of hydrocarbons, reduce greenhouse gas emissions, air pollution and other nuisances and increase energy efficiency, by organizing an integrated and multimodal transport system that favours rail, marine and river transport in their area of relevance, while limiting the consumption of agricultural and natural spaces.
        The development of the use of collective transport of people is a priority. To this end, for long-distance and peri-urban transport, priority will be given to railway investments in relation to the development of road or airport projects.
        In order to make rail transport more attractive for passengers, the State will encourage the development of self-train service.
        The State will take measures to adapt the Act No. 82-1153 of 30 December 1982 inland transport orientation to take into account the particular situation of each overseas region. In Guyana, the possibility of implementing a railway line serving the coastal communes will be explored from a perspective of both disenclavement and sustainable development.
        II. ― The State will ensure that travellers are available for their trips to France and Europe and for the service of the air-traffic exchange platforms of more efficient railway offerings as alternatives to air transport. To this end, the connection of large airport platforms with the high-speed railway network will be improved.
        The creation of new airports will be limited to cases of traffic displacement for environmental reasons. Airport service by public transport will be encouraged.
        In order to combat the noises around the airports, the State will continue to support the control of urbanization in the vicinity of these equipment and will ensure the necessary financing of the support for the soundproofing of the constructions of the riversides based on the polluter pays principle. It will ensure transparency of information on the nuisance generated by air transportation. Enhanced sanctions mechanisms will be established to enforce environmental regulations by airlines.
        In the area of air navigation, the objective is, on the one hand, to reduce noise in the vicinity of airports by optimizing aircraft approach and take-off procedures and, on the other hand, to lower fuel consumption and carbon dioxide emissions in a lower environmental impact objective by reducing aircraft distances and reducing waiting and rolling times. To this end, France will contribute to the establishment of the single European sky by supporting the creation of a common functional airspace bloc with the neighbouring States of the European Community and by participating, for an amount up to 200 million euros over seven years, in the development of the future European air navigation system, in particular the research programme called SESAR.
        In coordination with air sector companies, the State will intensify research efforts in the field of civil aeronautics. By 2020, the targets identified are a 50% reduction in fuel consumption and carbon dioxide emissions by airplanes, a 80% reduction in nitrogen oxide emissions, and a 50% reduction in noise.
        France will support the objective of including greenhouse gas emissions from air transport in the emission quota system, in accordance with international regulations and conventions.
        III. ― The further development of the high-speed railway network will aim to improve the links of the regional capitals with the Paris region, to allow fast connections between them thanks to cross-cutting lines and interconnection lines in Ile-de-France and to promote the integration of France into the European space thanks to the connection of the network of high-speed French lines with the networks of the neighbouring countries.
        Regional rail transport, a structuring element for interregional, toll and peri-urban transport, will help to spread the effect of high speed to the benefit of the entire territory.
        At the same time, the quality of the agglomerations that would stay away from the high-speed network will be improved in terms of speed, reliability and comfort. To this end, it will be possible, among other things, to provide for the development of existing infrastructure, as well as the construction of new infrastructure supplements, in particular, through saturated urban areas. The dessert of Normandy will be improved in this context. Where applicable, it may be used in public service contracts financed by a system of equalization.
        The State will contribute to the financing of an investment programme of 16 billion euros to launch the realization of 2,000 kilometres of new high-speed railway lines by 2020.
        This high-speed line program can focus on the following projects to the extent of their progress:
        ― the South-Europe–Atlantic line, consisting of a central section Tours–Bordeaux and the three branches Bordeaux–Toulouse, Bordeaux–Hendaye and Poitiers–Limoges;
        ― the Bretagne – Pays de la Loire line;
        ― the Mediterranean arc, with the contouring of Nîmes and Montpellier, the line – MontpellierPerpignan and the line Provence-Alpes-Côte d'Azur;
        ― the dessert of eastern France, with the completion of the Paris–Strasbourg line and the three branches of the Rhine–Rhône line;
        – the southern interconnection of high speed lines in Ile-de-France;
        ― the French access to the international tunnel of the Lyon–Turin railway link, which is the subject of a Franco-Italian treaty.
        It will be the subject of consultation with local authorities, in particular the regions, to be initiated by the end of 2009. This consultation will focus on priorities, high-speed alternatives, lines and project funding keys. In particular, it will take into account their impacts on the environment, in particular on biodiversity and on agricultural and natural areas, and priorities established at the European level within the framework of trans-European networks.
        An additional 2,500-kilometre programme will be further defined, including the Paris–Orléans–Clermont-Ferrand–Lyon line, whose studies are already under way for public debate. In this context, the Paris–Amiens–Calais line and the Toulouse–Narbonne line will be explored, linking the LGV networks South-East and South-West, as well as an East-West bar and a bar that improves the service of Béarn and Bigorre.
        If some projects in the list of the first 2,000 kilometres are delayed compared to the 2020 deadline, and as soon as a project on the list of the additional 2,500 kilometres is ready, the latter may be advanced by 2020 and the related work being undertaken.

        Article 13 Learn more about this article...


        I. ― In urban and peri-urban areas, sustainable transport policy aims to reduce greenhouse gas emissions, pollution and nuisance. To this end, the State will encourage, within the framework of urban travel plans, the development of plans for the movement of businesses, administration, schools or areas of activity, as well as the development of carpooling, self-sharing and teleworking, walking and cycling, including the adoption of a charter of street uses. The State will also encourage cable transport. The skills necessary to define a comprehensive sustainable mobility policy will be assigned to the urban transport organizing authorities following a dialogue with the local authorities concerned. The State will consider the possibility that the territorial authorities and the urban transport authorities establish a tax on the valorization of bare land and built buildings resulting from a project to implement public transport infrastructures.
        The State will bring the legal security necessary for the development of carpooling.
        The State is set to reduce the average carbon dioxide emissions from the entire fleet of special vehicles in circulation from 176 grams of carbon dioxide per kilometre to 120 grams of carbon dioxide per kilometre in 2020, including the establishment of ecopastilles. Similar targets in proportion should be met for commercial vehicles and motorcycles. Collection vehicles are not affected by this obligation to meet a carbon dioxide emission threshold or by the ecopastilla.
        France is committed to defending the community goal of 120 grams of carbon dioxide per kilometre by 2012 for new passenger vehicles. The State will study the implementation of the modulation of the tariff of road tolls according to hourly beaches, the rate of occupancy of vehicles and their level of energy efficiency.
        The State supports and promotes technological innovations that reduce pollution and vehicle consumption, ensuring that these innovations also contribute to the reduction of local pollutants, such as particulate matter or nitrogen oxides. It will implement a research programme for the industrial development of clean and efficient vehicles. It will promote research on vehicles using safer and lighter materials. It will encourage territorial authorities, public institutions and companies with a large professional fleet to undertake group purchases of such vehicles. A policy to encourage the eco-maintenance of motor vehicles necessary to maintain vehicles at their nominal level of pollutant emissions will be implemented by the State in coordination with automotive professionals.
        Territorial authorities will promote the installation of the green disk in pay parking.
        In connection with car professionals and road user associations, the State will put in place a national programme to encourage environmentally sound driving, particularly in the context of the training of new drivers.
        II. ∙ Development of public transport is a priority in peri-urban and urban areas. It contributes to the disintegration of sensitive neighbourhoods, particularly within the framework of the Espoir Banlieues plan.
        III. ― Outside Ile-de-France, it is planned to develop public transport on its own site in order to carry them in fifteen years from 329 kilometers to 1,800 kilometers. The cost of this program is estimated by the communities concerned at 18 billion euros of investments.
        At the outset, the State will provide, to a maximum of 2.5 billion euros by 2020, competitions for new projects following calls for projects that comply with quality criteria in relation to the objectives of this Act, for investments primarily aimed at the disenclavement of sensitive neighbourhoods and the extension of existing networks. Privileging public money-saving projects, it will also be able to provide assistance in the form of enhanced loans and is committed to supporting communities in the development of appropriate financing schemes.
        The projects carried out by the transport organizing authorities will also need to be part of an urban strategy and integrate the global and local environmental issues related to air, biodiversity, the living environment and landscape, and the limitation of urban spread. They will include objectives of social cohesion, coordinated urban space management and economic development.
        In order to promote enhanced governance in the field of transport cooperation across metropolitan areas, and the best possible coherence of the urban and peri-urban collective transport system on large life basins, experiments can be put in place allowing the transport operators concerned to entrust to a joint union, metropolitan authority of sustainable mobility, expanded competence in terms of organization and coordination of collective transport on a territory.
        A clean-site public transport programme will be defined and implemented overseas with state support and in partnership with local authorities.

        Article 14 Learn more about this article...


        In Ile-de-France, a strengthened public transport programme will aim to increase the flow of travel, especially from suburban to suburban areas. To this end, an automatic metro-structuring project will be launched after consultation with the organizing authority, in complementarity with the other transport infrastructure projects already undertaken within the framework of the state-region project contract. The procedure for the public debate will take place in 2009 on the draft rocade in its entirety. Finally, the French RATP and SNCF network, the modernization of rolling stock, the improvement of train punctuality and the conditions for passenger transport, should be renovated. It will be necessary to provide real-time, easily accessible information on traffic conditions across the entire network, delays and train deletions.
        Among the priority actions defined in the framework of periodic consultations between the State, the region and the competent public institutions will be able to include the extension of the EOLE line to Mantes to connect with the Seine and Normandy axis and solutions to the engorgement of line 13 of the Paris metro.
        The State is committed to developing specific financing schemes for the French region.

      • SECTION 2: PROVISIONS MODIFIING INLAND TRANSPORT ORIENTATION Article 15 Learn more about this article...


        Section 3 of Act No. 82-1153 of 30 December 1982 on the orientation of inland transport is thus amended:
        1° The first paragraph is as follows:
        "The policy of transporting people and goods ensures the development of individual and collective modes of transport, taking into account their advantages and disadvantages in terms of regional development, urban development, environmental protection, limitation of consumption of agricultural and natural spaces, rational use of energy, safety and reduction of greenhouse gas emissions and other pollutants. It takes into account not only the economic costs but also the social and environmental, monetary and non-monetary costs, borne by users and third parties, which focus on the creation, maintenance and use of transport infrastructure, equipment and equipment. It takes an integrated multimodal form. » ;
        2° The second paragraph is supplemented by a sentence as follows:
        "It ensures that the development of competition in each mode of transport is done without discrimination, by putting in place the necessary regulatory tools and ensuring their proper functioning. » ;
        3° After the fourth preambular paragraph, a sub-item reads as follows:
        "It gives priority, for the transport of passengers, to the development of the use of public transport and, for the transport of goods, to the development of the use of river, rail, marine and more particularly of the coasting. » ;
        4° At the beginning of the fifth preambular paragraph, a sentence as follows:
        "It takes into account, in the programming of infrastructure, the issues of land-locking, land-use planning and competitiveness, including cross-border issues. »

        Article 16 Learn more about this article...


        The second and last paragraphs of section 4 of Act No. 82-1153 of 30 December 1982 referred to above are replaced by nine paragraphs as follows:
        "A national transport infrastructure scheme sets out the state's guidelines for the maintenance, modernization and development of networks under its competence, the reduction of environmental impacts and the consumption of agricultural and natural spaces, and the assistance provided to local authorities for the development of their own networks.
        "It aims to promote the deferral conditions to the most environmentally friendly modes of transport by pursuing the following three objectives simultaneously:
        “(a) On a European and national scale, continue the construction of a high-level rail transport system for passengers and freight, and a river network;
        “(b) At the regional level, strengthen the multipolarity of regions;
        "(c) At the local level, improve travel in metropolitan areas.
        "It ensures the overall coherence of transport networks and assesses their impact on the environment and the economy.
        "It serves as a reference to the State and territorial authorities to harmonize the programming of their respective investments in transport infrastructure.
        "It is updated and presented to Parliament at least once by Parliament.
        "The state and its public institutions that manage rail and river infrastructure spend multi-year contracts defining priorities and providing the means necessary for their actions. »

        Article 17 Learn more about this article...


        I. ― The national transport infrastructure scheme, which constitutes a revision of the decisions of the interdepartmental planning and development committee of the territory of December 2003, will be developed in 2009 in consultation with the Grenelle stakeholders.
        The State assesses the opportunity for infrastructure projects to be included in the national transport infrastructure scheme based on criteria to assess the contribution of projects to the achievement of the sustainable development goals set out in this Act. These criteria will be by priority:
        – the net balance of greenhouse gas emissions induced or avoided by the project reported at its cost;
        - the advancement of other projects and the prospects for saturation of the networks concerned;
        environmental performance (black against noise, cut-off effect, biodiversity conservation...)
        – multimodal accessibility, economic development, disenclave and land use at different scales;
        – improving the efficiency, safety and coherence of the existing transportation system;
        – the achievement of the accessibility objectives of persons with reduced mobility under national legislation.
        II. ― On an experimental basis, a national monitoring group for major infrastructure projects and the evaluation of actions undertaken is established until 2013. It is composed of representatives of Parliament, Government, territorial authorities, trade union organizations, relevant professional organizations and representatives of civil society. It meets at least once a year and makes its work public.
        An order of the Minister responsible for transport determines the infrastructure projects that will be monitored, the actions to be evaluated and the terms and conditions specified.

    • CHAPTER IV: ENERGY Article 18 Learn more about this article...


      To achieve the goal of reducing energy consumption, the State will implement various instruments including adaptation of consumer standards, the implementation of incentive mechanisms, including tax-based, for the most energy-efficient products, the extension of energy labelling, especially to all consumer devices, the strengthening, after evaluation, of the device of the energy-saving certificates and the withdrawal of the more energy-efficient vehicles, The development of standard construction processes, with quality charters, to ensure the energy efficiency of buildings, will be encouraged.
      It will put in place incentive mechanisms to promote the design and manufacture of products and processes to reduce energy consumption and to produce renewable energy, including small and medium-sized enterprises. Some of the sums collected through the sustainable development booklet can be allocated to finance small and medium-sized enterprises projects in the area of sustainable development. Loan guarantee mechanisms will be put in place to support small and medium-sized enterprise projects for sustainable development.
      With the aim of a withdrawal from the sale starting in 2010, France will support projects to ban high-energy bulbs within the community framework. In agreement with the professionals involved, including distributors, the State will strive to anticipate the European deadlines.
      Energy efficiency and sobriety objectives require the development of advanced energy consumption adjustment and deletion mechanisms. The setting up of these mechanisms will include the installation of smart meters for individuals, subscription with cutting-edge hours. This also involves the generalization of smart meters in order to allow housing occupants to better know their real-time energy consumption and thus to control it.
      The State will consider the possibility of imposing on legal persons employing more than two hundred and fifty employees or agents the obligation to assess their energy consumption and greenhouse gas emissions by the end of 2013, with this deadline being reduced to the end of 2010 for companies whose securities are admitted to negotiations on a regulated market. Information campaigns and incentives will be put in place for small and medium-sized enterprises and other legal persons employing between fifty and two hundred and fifty employees or agents to determine the same balances.
      In order to take into account physical realities, climate and habitat patterns, the State will establish a specific thermal regulation applicable to overseas departments and regions as well as to the overseas communities concerned, taking into account, where appropriate, seismic risks.

      Article 19 Learn more about this article...


      I. ― Article 29 of Act No. 2005-781 of 13 July 2005 of the programme setting out the guidelines of energy policy is thus drafted:
      "Art. 29.-Renewable energy sources are wind, solar, geothermal, aerothermal, hydrothermal, marine and hydraulic energy, as well as energy from biomass, gas discharge, gas from wastewater treatment plants and biogas.
      "The biomass is the biodegradable fraction of products, wastes and residues from agriculture, including plant and animal substances from land and sea, forestry and related industries, as well as the biodegradable fraction of industrial and household wastes. »
      II. ― In order to diversify energy sources, reduce the use of greenhouse gas-emitting fossil energy and increase to at least 23% in 2020 the share of renewable energy in final energy consumption, which is doubled compared to 2005, the State will promote the development of all renewable energy sectors in economically and environmentally sustainable conditions. Achieving this goal involves increasing the annual production of renewable energy by 2020 by 20 million tonnes of oil equivalent by 2020, bringing it to 37 million tonnes of oil equivalent.
      Intermediate objectives for each of these sectors will be set in 2009 and an assessment will be made on this basis in 2012.
      The State will encourage the development of certain actions carried out, within the framework of their competence, by the organising authorities of the distribution of energy on behalf of their members, which facilitate the implementation, on vast territories, of the strategy and national objectives in the area of the valorization of local energy resources and the control of energy consumption, for the sake of efficiency, homogeneity and maintenance of territorial solidarity.
      III. ― In order to achieve the objective defined in the first paragraph of II, accelerating the research effort to allow technological breaks is necessary. The development of renewable energy cannot be detrimental to other sustainable development goals.
      The development of renewable energy will be facilitated by the use, at different territorial levels, of the planning, incentive and diffusion of innovations. In each region, a regional framework for renewable energy will define, by geographic areas, on the basis of the potential of the region, and taking into account the national objectives, qualitative and quantitative objectives of the region in terms of enhancing the renewable and fatal energy potential of its territory. The State sets out as objective an adoption of these schemes within one year after the publication of this Act. These schemes will in particular aim to identify areas in which wind farms will be preferably built. Local consultation and the wind regulatory framework will be improved.
      The adaptation of electricity transmission and distribution networks will be envisaged to accommodate new power generation capacities from renewable sources.
      The State will consider the possibility of extending to departments and regions the benefit of the electricity purchase rates produced from renewable sources.
      IV. ― The support fund for the development of the production and distribution of heat of renewable origin contributes to the support provided for the production and distribution of heat of renewable origin, including biomass, geothermal and solar energy, by the injection of biogas in the transport and distribution networks, with notebooks of adapted and drafted loads from January 1, 2010, and by the mobilization of cell resources
      Support will be provided to heat networks powered from renewable sources, including the use of water from deep mineral tanks.
      Renewable energy production from a heat network will be taken into account in all construction and urban planning texts, in particular in the thermal regulation of buildings and energy performance labels, as well as in the production of renewable energy in situ. A heat network substation powered by more than 50% from renewable energy and recovery is considered to be renewable energy production equipment.
      V. ― The production of hydroelectricity in accordance with the biological quality of watercourses is an integral part of the renewable energies to be supported. In particular, the development of energy transfer stations by pumping is encouraged.
      The State shall consider the conditions under which the hydropower production units of an installed power of 12 megawatts or less will be eligible to benefit from the requirement to purchase electricity produced or its renewal as long as they meet the environmental criteria defined by the existing laws and the technical standards of production, without additional constraints.
      VI. ― Any coal plant construction project must be designed to be able to equip it, as soon as possible, with a carbon dioxide capture and storage device.
      No commissioning of a new coal plant will be permitted if it is not part of a complete demonstration of carbon dioxide capture, transport and storage.

      Rule 20 Learn more about this article...


      In order to limit the environmental damage caused by hydroelectric activity on the watersheds on which the works are installed, and in order to facilitate the establishment of local sustainable development policies, the tax on the turnover of hydroelectric concessions may be deflated beyond 25%.

      Article 21 Learn more about this article...


      The production in France of biofuels is subject to energy and environmental performance criteria including, in particular, their effects on soils and water resources. France will support the establishment of a biofuel certification mechanism at European and international levels, taking into account their economic, social and environmental impact.
      A priority will be given to the development of second and third-generation biofuel research.

    • CHAPTER V: RESEARCH IN SUSTAINABLE DEVELOPMENT Article 22 Learn more about this article...


      I. ― Research plays a central role in the analysis of environmental processes and is the source of technological innovations that are essential for the preservation of the environment and for adapting to the global changes of the planet. The national research effort will focus on renewable energy, including the production of solar photovoltaic energy from thin layers, the energy of the seas and all the resources of geothermal energy at different depths, the storage of energy, fuel cells, the hydrogen sector, the control of the capture and storage of carbon dioxide, including by plants, the energy efficiency of buildings, vehicles and systems of
      The delay in research for renewable energy requires a convergence and optimization of research institutions, universities, major schools and technical centres in the environmental and energy sectors.
      In order to improve the relationship between health and the environment, a particular effort will be made to promote research in the areas of chemical substitutes, ecotoxicology and toxicology, and in support of environmental and health risk assessment methods. A program will develop research on infectious diseases and health risks related to climate change. Clean technologies and the development of clean products, water and waste treatment technologies and soil protection, and methods to reduce the use of agricultural inputs, the contribution of plants to improving the environment and health, including the capture and storage of persistent organochlorinated products, will also be subject to specific programs. The capture and storage of carbon dioxide will be supported by the organization of a suitable legal framework and the allocation of specific funding.
      II. ― The networking of research laboratories, the realization of test platforms, including very large infrastructures to national, European and international radiation, and the establishment or strengthening of poles of excellence, in cooperation with other European poles, will contribute to the achievement of these objectives. They will include the electrochemical storage of energy and batteries, electronic power components, hybrid and electric traction chains, eco-construction, rehabilitation of polluted soils and city modelling.
      These efforts to research and develop new technologies will need to match increased training activities in the various educational curricula and in the professional environments. Among these actions, special attention will be paid to the recycling professions. It will be accompanied by an effort to enhance the image of these occupations to support the creation of jobs and the professional orientation of young people and job seekers.
      France will encourage the coordination of scientific and technological research programmes in the field of sustainable development at the European level.
      By 2012, the State will mobilize an additional billion euros in research on sustainable development, including on climate change, energy and future engines, biodiversity, the impact of the environment on health and waste treatment and recycling technologies.
      Research expenditures on clean technologies and the prevention of environmental damage will be gradually increased to reach, by the end of 2012, the level of research expenditures on civil nuclears. The national energy research strategy mentioned in theArticle 10 of Act No. 2005-781 of 13 July 2005 a programme setting the directions of energy policy will be updated to reflect these new directions. The annual report under section 10 will report on the implementation of this commitment.
      In order to accelerate the implementation of new technologies or services that contribute to the fight against climate change, demonstrators of new energy technologies will be able to benefit from the support of the Environment and Energy Control Agency. The annual report referred to inArticle 10 of Act No. 2005-781 of 13 July 2005 referred to above report on the progress of the projects thus supported, including biomass projects planned by the Act No. 2006-739 of 28 June 2006 a program on the sustainable management of radioactive materials and wastes, which includes land-use planning and economic development activities.
      Support for eco-responsible innovations will include the mobilization and coordination of competitiveness clusters working in the field of the environment and the establishment of mechanisms promoting the development of eco-innovative enterprises.
      Measures to assist the transfer and industrial development of new technologies will take into account their environmental performance.

  • PART II: BIODIVERSITY, ECOSYSTEMS AND NATURAL MILIEUX
    • CHAPTER IER: STOPPER THE PERTE OF SAUVAGE AND DOMETICAL BIODIVERSITY, RESTAUREMENT AND MAINTENTER SES CAPACITIES Article 23 Learn more about this article...


      To stop the loss of wild and domestic biodiversity, to restore and maintain its evolving capacities, the State sets itself as objectives:
      – the creation by 2012, of a green and blue frame, a land use planning tool that will create territorial continuity;
      - the implementation of measures for the protection, enhancement, repair and compensation of natural environments and species, taking into account the specificities of rural, island and mountain territories and in a coherent manner with existing protection schemes; without prejudice to the compensation and assessment mechanisms in force, where there is no other solution than the realization of a project or program that could adversely affect biodiversity, compensation measures proportionate to the damages to ecological continuity within the green and blue frame will be made mandatory in terms defined by the environmental code in consultation with local elected officials and the field actors;
      - strengthening the role of the national biodiversity strategy and the development, including overseas, of coherent regional and local strategies in respect of the competence of local authorities and in consultation with all relevant stakeholders;
      ― the implementation of a national strategy for the creation of terrestrial protected areas identifying gaps in the current network in order to place under strong protection, within ten years, at least 2% of the metropolitan land: this objective includes the creation of three new national parks and the acquisition for the purpose of combating the artificialization of soils and the development, including agricultural, of 20,000 hectares of wetlands by public communities, identified
      – the creation of marine protected areas to cover, including the Natura 2000 network at sea and the creation of marine natural parks, 10% of the waters under state sovereignty within the territorial sea, by 2012 in metropolis, and by 2015 in overseas departments; Overseas communities and communities in New Caledonia will be helped to establish and manage these areas;
      - the establishment by 2013 of conservation or restoration plans compatible with the maintenance and development of human activities in order to protect plant and animal species in critical danger of extinction in metropolitan and overseas France, of which 131 were identified in 2007;
      - the implementation of plans to combat invasive, terrestrial and marine alien species in order to prevent their installation and extension and reduce their negative impacts;
      – the realization of objective documents at Natura 2000 sites by 2013;
      ― the strengthening of France's support for the creation of a group of international scientific expertise for biodiversity as a model of the Intergovernmental Panel on Climate Change.

      Article 24 Learn more about this article...


      The aim of the State is to create, by 2012, a green frame consisting of, on the basis of scientific data, protected areas under the law of the environment and territories ensuring their connection and the overall functioning of biodiversity, and a blue frame, its equivalent for the waters of continental surfaces and their associated ecosystems.
      Their development will involve the State, the territorial authorities and the parties concerned on a contractual basis. The development of the blue frame will be carried out in coherence with the work carried out by the local water commissions.
      Their leadership will be carried out in each region in close association with local authorities and in consultation with field actors in a coherent framework guaranteed by the State.
      The modalities for their inclusion in urban planning documents, water development and management patterns, infrastructure schemes, local taxation and state financial competitions will be clarified following an audit that will be completed by the end of 2009.
      To this end, the action of the conservatories of natural spaces will be reinforced by a specific recognition.

      Rule 25 Learn more about this article...


      The effectiveness of biodiversity-related actions implies an improvement in the knowledge and coherence of existing mechanisms. To this end, the state sets itself as objectives:
      - the update by 2012 of the inventory of natural areas of ecological, floristic and faunistic, marine and terrestrial interest, and the revision, within the same time frame, of the lists of endangered species;
      – the creation of a network of national botanical conservatories for flora and habitats;
      - the study, in consultation with the committee referred to in section 1 of this Act, of mechanisms to assess and value services rendered by biodiversity to the community and socio-economic actors;
      ― increasing and diversifying the resources of the Scientific Foundation for Biodiversity;
      - support for training and research in nature sciences, especially in the field of taxinomy;
      ― the establishment of a national biodiversity observatory providing up-to-date information to the public;
      ― the monitoring and evaluation of actions taken under this chapter.

      Rule 26 Learn more about this article...


      The State will contribute to the financing of actions to develop the green and blue frame, to establish and manage protected areas, to acquire wetlands, to safeguard endangered species, to identify biodiversity and to analyse its erosion.
      In order to implement these actions, the state's share of financing can be gradually increased from 190 to 300 million euros per year by 2013. The State will also engage in negotiations to develop new financing solutions for biodiversity. It will use the funding of the European Community. It will study proposals for economic tools available to local authorities and initiatives to develop the contribution of companies.
      Six months after the publication of this Act, the State, on the basis of an audit, will report on tax measures that are unfavourable to biodiversity and propose new tools that allow a gradual shift to taxation that is better suited to new environmental issues.

    • CHAPTER II: REFERENCE A WATER ECOLOGICAL QUALITY AND SUSTAINABLE CARACTER IN THE MILIEU AND ABORDABLE FOR THE CITOYEN Rule 27 Learn more about this article...


      In the field of water, the first objective is to achieve or maintain by 2015 the good ecological state or good potential, within the meaning of Article 2 of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for a community policy in the field of water, of all the masses of water, both continental and marine. The State sets the objective not to resort to delays, authorized by this directive, for more than one third of the masses of water.
      To achieve this goal, it is planned to prohibit the use of phosphates in all lesiviel products starting in 2012.
      In addition, by 2012, action plans will be implemented in close association with water agencies to ensure the protection of the five hundred catches most threatened by diffuse pollution, including nitrates and phytosanitary products. Water agencies will develop a specific program on catching feed areas and adapt their resources as well as their financial support to this effect. On the drinking water collection perimeters, priority will be given to areas of organic farming and agriculture that are low-user of inputs to preserve the water resource and reduce its treatment costs.
      Samplings will be adapted to resources, through collective sampling management and the creation of deductions for the development and better management of water resources, while respecting the ecology of hydrosystems and the priorities of use.
      Work to be carried out at the remaining water purification plants to be put to standards in accordance with Council Directive 91/271/EEC of 21 May 1991 on the treatment of residual urban water will be completed as soon as possible and, in no case, beyond three years, to achieve a compliance rate of 98% by 2010 and 100% by 2011. The wastewater treatment plant will be upgraded to ensure the achievement of the objectives mentioned in section L. 212-1 of the Environmental Code. A specific action will be taken to generalize the detection of leaks in the networks and to program the necessary work when water losses are excessive in relation to the type of network and the situation of the water resource used at a reasonable cost, without achieving an excessive water price. To the extent that pollution pre-treatment and treatment systems of less than 50 population equivalents fall within the framework of Council Directive 89/106/EEC of 21 December 1988 on the approximation of the legislative, regulatory and administrative provisions of the Member States concerning construction products, sanitation devices having the "EC" mark and complying with the regulatory purratory performance shall be approved without a supplementary protocol.
      Instruction of building permits will have to take into account the sewage remediation procedures. To this end, the public non-collective remediation service may be requested.
      Recovery and reuse of rainwater and wastewater will be developed in accordance with health constraints, taking into account the need to meet the priority needs of the population in the event of a crisis.
      The second objective in this area is to ensure the sustainable supply of good quality water to meet the basic needs of citizens. As such, the State promotes actions to limit water sampling and consumption. It participates, based on the relevant actors, in the dissemination of scientific knowledge and techniques aimed at improving the control of water sampling and final consumption for all domestic, agricultural, industrial and energy production uses.

      Rule 28 Learn more about this article...


      Objectives to reduce the presence in aquatic environments of priority hazardous substances identified by European regulations and their chronic and accidental emissions will be set by the State after consultation with the representative organizations of the relevant actors. Water agencies and water offices will provide their support to the necessary reduction actions and research and development efforts.

      Rule 29 Learn more about this article...


      The blue frame will preserve and restore the ecological continuity of the environments necessary for the realization of the objective of achieving or maintaining, by 2015, the good ecological condition or the good potential for the masses of surface water; In particular, the development of the most problematic barriers to fish migration will be studied. This study, based on scientific data, will be conducted in consultation with relevant actors.
      The development of local works management will be sought, including by involving territorial communities, in order to rehabilitate and maintain the wetlands and biological reservoirs essential for biodiversity and the good ecological condition of the superficial water masses. In particular, the creation of territorial public basin facilities will be encouraged, as well as the investment of water agencies and water offices in these actions.

      Rule 30 Learn more about this article...


      Monitoring of aquatic environments will be strengthened to meet the obligations, including those of the Aarhus Convention signed by France in 1998, related to environmental information and access to this information and to prepare, as of 2012, the measures programmes for the period 2016-2021 in accordance with the objectives of the Water Framework Directive. It will better assess the impacts of both historical pollution, particularly in sediments, emerging pollution and changes in water masses' hydromorphology.
      To this end, additional budgetary aid of 10 million euros per year can be allocated by the State.
      The results of aquatic environment monitoring networks will be made available to relevant partners and the public within one year of the completion of the measurement campaign.
      Simpler layout interfaces for use will be developed by the state and water agencies or offices.

    • CHAPTER III: AGRICULTURE AND OTHER SYLVICULTURE AND QUALITY, PRODUCTIVE AND SUSTAINABLE Rule 31 Learn more about this article...


      The primary and priority vocation of agriculture is to meet the food needs of the population, and this is accentuated for the coming decades. Climate change, with its hazards and its speed, requires agriculture to adapt, diversify and contribute to the global reduction of greenhouse gas emissions. For this, it is essential to preserve agricultural surfaces, especially by limiting their consumption and artificialization.
      However, intensive production processes sometimes pose too strong risks to the environments, also threatening the sustainable nature of agriculture itself.
      Beyond the important developments in agricultural practices implemented over the last ten years, a transformation movement is required for agriculture to reconcile the imperatives of quantitative and qualitative production, health security, economic efficiency, robustness to climate change and ecological realism: it is a matter of producing sufficient production, using the functioning of soil and living systems and, thus, ensuring the sustainability of ecosystems and the sustainability of their productions. Agriculture will thus contribute more strongly to the ecological balance of the territory, including by participating in the creation of a green and blue frame, the maintenance and restoration of wild and domestic biodiversity, natural areas and aquatic environments, and the rehabilitation of soils.
      To this end, the objectives to be achieved are:
      (a) To achieve sufficient organic agricultural production to sustainably meet the growing demand of consumers and the objectives of developing the use of organic products in public collective restoration or low environmental seasonal products, in view of their production and distribution conditions. To meet this expectation, the State will promote the production and structuring of this sector so that the agricultural surface of organic farming reaches 6% in 2012 and 20% in 2020. To this end, the tax credit for organic farming will be doubled in 2009 to encourage the conversion of agricultural farms to organic farming;
      (b) To develop an environmental certification approach to farms so that 50% of farms can be largely engaged in farming in 2012. Environmental requirements may be voluntarily incorporated into products with a sign of quality and origin identification. Incentives for young farmers living in organic farming or high environmental value will be studied;
      (c) Generalize sustainable and productive agricultural practices. The objective is, on the one hand, to remove from the market, taking into account the active substances authorized at the European level, phytopharmaceutical products containing the forty substances most of concern based on their substituteability and human danger, no later than thirty in 2009, ten by the end of 2010, and, on the other, to decrease by 50% by 2012 those containing substances of concern for which it does not exist technically In general, the aim is to reduce the use of phytopharmaceuticals and biocides by half in 10 years by speeding up the dissemination of alternative methods, subject to their development, and by facilitating the licensing procedures for placing low-profile natural preparations on the market. However, this reduction should not endanger productions, including so-called minor crops. A multi-year applied research and training programme on all agriculture will be launched by 2009, as well as a state of the health of farmers and agricultural workers and an epidemiological surveillance program. A national policy will aim at the rehabilitation of agricultural soils and the development of domestic, cultivated and natural biodiversity in farms;
      (d) To reduce the dependence of animal production systems on imported raw materials entering the composition of animal feed products, including by relaunching the production of protein and other legumes crops;
      (e) To promote the maintenance and restoration of grasslands and grasslands so that the producers of bovine, ovine, equinodes and caprines can feed their herds mainly on grass and grass from pasture;
      (f) Increase the energy control of farms to reach a rate of 30% of low-energy farms by 2013. To this end, the State will put in place a tax credit for the realization of an energy diagnosis of agricultural exploitation;
      (g) To prohibit the air spread of phytopharmaceutical products, except derogations.
      The objective of the genetic policy of seeds and domestic races will be:
      (a) To renovate by the end of 2009 the Variety Assessment System and to extend its criteria to new sustainable development issues, including the progressive reduction of synthesis inputs and the maintenance of biodiversity, including domestic biodiversity. France will work to take these new criteria into account at the European level;
      (b) Define by 2010 a protocol to evaluate varieties under organic farming conditions;
      (c) And to adapt by the end of 2009, by a specific registration device, the seed catalogue to old local varieties, including population varieties, and varieties threatened with genetic erosion, in particular to facilitate their use by agricultural professionals.
      The State will act by a combination of actions: the supervision of the distributor and applicator professions of phytopharmaceutical products by requirements for the training, identification or separation of sales and consulting activities, as part of a verifiable repository for the registration and traceability of products; a strengthening of tax credits and budgetary aids to help farmers develop organic farming; instructions given to their collective restoration services; promoting an organization of agricultural and non-agricultural actors to implement advanced agricultural practices throughout the territory concerned; a reorientation of research programs and agricultural training equipment to meet the needs of knowledge, including soil microbiology, by 2012 and the development of economically viable, intrantal and economist practices, including through a strengthened research programme on varieties and routes that improve insect and disease resistance; the objective is that at least 20% of farmers benefited from this training in 2012; generalization of soil cover in winter according to local conditions; the valuation of organic effluent for livestock; progressive implantation, to improve the quality of water and to preserve biodiversity, weed strips and plant-based buffer zones of at least five meters wide along rivers and water bodies. These grass bands contribute to the ecological continuity of the green and blue frame.
      France will request that the World Trade Organization take into account environmental requirements to avoid competition distortions between domestic and imported agricultural productions.
      The report under section 1 contains a study specifying the impact of the measures contained in this Act on the agricultural sector.

      Rule 32 Learn more about this article...


      An emergency plan for the preservation of bees will be put in place in 2009 and will include an independent toxicological assessment of the effects, on bees, of all chemical substances.
      In addition, an interprofession of the bee industry will be established to better structure the bee profession. It will promote the creation of a scientific and technical institute of bees.

      Rule 33 Learn more about this article...


      The annual hive declaration is made mandatory from the first hive beginning January 1, 2010.

      Rule 34 Learn more about this article...


      Regular and remarkable forest biodiversity must be preserved and valued, within the framework of a more dynamic management of the wood sector and from a climate change perspective. The increased production of wood, as an eco-material and a source of renewable energy, must be part of local development projects.
      To achieve these objectives, the State is committed to taking into account the fight against climate change in forest policy and in the modalities of forest management; promote the certification and use of certified wood or, if not, from sustainably managed forests in public constructions starting in 2010; specify the modalities for recognition of the certification of sustainable forest management, based on European and international approaches in this field; define a programme to extract forests from additional wood volumes, store them and value them in conditions consistent with sustainable management of forestry resources; adapting construction standards to the use of wood, including by significantly increasing the minimum rate of wood incorporation in the construction and supporting the establishment of a label; recognize and value environmental services rendered by the forest; to defend forest and biodiversity at the community and international levels as one of the pillars of the international framework to combat climate change, with the corresponding financial mechanisms, in particular by supporting the consideration of the reduction of greenhouse gas emissions from deforestation and forest degradation in the international carbon market, in connection with the European system for the exchange of quotas for emissions of greenhouse gases; the promotion of all actions in conjunction with the international carbon market

    • CHAPTER IV: THE INTEGRATED MANAGEMENT OF MER AND LITTORAL Rule 35 Learn more about this article...


      A comprehensive strategic vision, based on integrated and concerted management of the sea and the coast, will be developed taking into account all relevant human activities, the preservation of the marine environment and the enhancement and protection of the sea and its resources from a sustainable development perspective.
      This commitment will build on a new governance and strategic planning that takes into account user responsibilities for the sea, the integration and evaluation of ecosystem services, as well as the socio-economic and environmental dimensions of human activities. The principles and directions of this planning will be defined at the national level, based on institutional dialogue. The requirements and objectives, which are set at a geographical and ecosystem scale, will be agreed by involving all relevant actors.
      The in-depth knowledge of the ocean and coastal environments, which is essential to the implementation of this strategic planning, is inseparable from the capacity-building of expertise.
      France will strengthen its policy of sustainable and concerted management of fisheries resources by setting up the "eco-labellization" of fishery products by 2009, as well as the supervision of recreational fishing and the fight against illegal fishing in the waters under French jurisdiction; France will launch a Mediterranean programme piloting this concerted management.
      The offshore extraction regime will be reformed with an overall vision of the marine environment. Licensing of maërl samples will be limited in tonnage so that they can only meet low quantitative requirements.
      All measures will be implemented to strengthen the fight against illegal practices and to reduce to the source and to prevent marine pollution, including macro-waste and floating waste, degassing and debriallasting, and invasive alien species, including in port areas and ecological protection areas. Measures will also be taken to reduce the impact on the sea of human activities from the continent.

  • PART III: PREVENTION OF RISKS FOR ENVIRONMENT AND HEALTH, PREVENTION OF BUSINESS Rule 36 Learn more about this article...


    The reduction of environmental damage contributes to the improvement of public health and the competitiveness of businesses. Sobriety in raw materials consumption, including pollution and waste prevention, provides an essential element of a new economy. The implementation of this policy will be based on the principles of precaution, substitution, participation and polluter pays. The environmental policy will be taken into account as a component of the health policy, whose close relationship with the environment and ecosystem health will be recognized.

    • CHAPTER IER: ENVIRONMENT AND HEALTH Rule 37 Learn more about this article...


      A second national environmental health plan will be developed in a concerted manner by 2009. It will focus on knowledge, anticipation, prevention and reduction of environmental health risks. For the period 2009-2012, it will include, inter alia, detailed articles 22 and 38 to 42 of this Act:
      (a) A plan to reduce the releases of the substances most of concern, as defined in Regulation (EC) No 1907/2006 of the European Parliament and 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), and establishing a European agency for chemicals, in the environment, including benzene, mercury, trichloroethylene, and disruptors
      (b) Measures to improve the anticipation of the risks associated with the most serious substances;
      (c) A particle reduction plan in the air;
      (d) Measures to improve indoor air quality;
      (e) Measures concerning the relationship between health and transport, including to encourage accelerated fleet renewal of all types of vehicles and aircraft;
      (f) A program of "biomonitoring" to link the health of the population and the state of its environment and to evaluate public policies on the link between health and the environment; This program will include the establishment of disease registers;
      (g) Measures to enhance equity in the face of the health impacts of environmental damage, including environmental health consultations for the most vulnerable people, especially children of low age; In addition, particular attention will be given to environmental factors that may impact the development of the embryo and fetus;
      (h) The creation of multidisciplinary research hubs in environmental health involving living world sciences, a pole of toxicology and ecotoxicology, and centres for clinical research, prevention and joint care at several university and regional hospital centres.

      Rule 38 Learn more about this article...


      In accordance with community regulations, the preservation of the environment and the health of chemical pollution requires a preventive measure to restrict or strictly regulate the use of substances classified as of extreme health concern, particularly in public places.
      The prohibition on the use of phytopharmaceutical and biocide products containing such substances is provided for non-professional uses as well as in public places, except for exceptional exemptions. This prohibition will be effective within six months of the publication of this Act for phytosanitary products.
      The State will support an ambitious policy of substitution, in accordance with the requirements set by community decision, of the chemicals most of concern to the environment and health, including through research and innovation. It will also strengthen its monitoring capacity in this area.
      France will participate in the development and support of the new international agreements relating to the registration, assessment and authorization of chemical substances and to the restrictions applicable to these substances in accordance with Regulation (EC) No 1907/2006 of the European Parliament and the Council of 18 December 2006, referred to above.

      Rule 39 Learn more about this article...


      The reduction of exposure to substances of concern, especially in the workplace, requires better information from companies and their employees.
      An environmental data dissemination portal will be established.
      The safety data sheets will be improved and the monitoring of exposure to substances of concern in the workplace will be strengthened by a dialogue between social partners, with the contribution of hygiene, safety and working conditions committees, and occupational doctors.
      A mechanism to ensure better monitoring of employees at occupational exposures of carcinogenic, mutagenic or toxic substances for the reproduction of categories 1 and 2 (MRCs 1 and MRC 2) will be tested in consultation with social partners in selected occupational areas or geographical areas. This experiment, which will have to be carried out before January 1, 2012, is intended to allow the State and social partners to define modalities for the generalization of a confidential mechanism for the traceability of professional exhibitions. This system will need to be generalized before 1 January 2013.

      Rule 40 Learn more about this article...


      The fight against indoor and outdoor air pollution will be strengthened on the basis of pollutants covered by the World Health Organization.
      With regard to outdoor air, the particle reduction plan will apply Directive 2008/50/EC of the European Parliament and the Council of 21 May 2008 on the quality of ambient air and clean air for Europe, and will, if possible, target 10 micrograms per cubic metre of fine particles less than 2.5 micrometers. It could retain 15 micrograms per cubic metre as a target value in 2010 and as a limit value from 2015. In urban areas and in certain sites outside of those areas where these thresholds are not reachable to these deadlines, an exemption could allow the thresholds of 20 and 25 micrograms per cubic metre respectively.
      With respect to indoor air, it is planned to submit construction and furnishing products as well as wall and floor coatings, paints and varnishes and all products intended or for effect to emit substances in ambient air to mandatory labelling from 1 January 2012, including on their emissions and contents in volatil pollutants, and to forbid in these products classified as 1MR Within one year of the publication of this Act, the State will publish a study on the need to extend these measures to other categories of consumer goods that may pollute domestic air in closed homes or public places, such as maintenance products or have the function of issuing volatile substances in ambient air. Measurement and information systems on indoor air quality will be established in institutions receiving vulnerable populations or the public.
      Finally, the simultaneous presence of pollutants and allergens that can induce synergistic effects, the creation in each department of internal environment advisors to identify the various sources of allergens and pollutants in the home of affected people will be studied.

      Rule 41 Learn more about this article...


      Emissions of artificial light that pose hazards or cause excessive disturbance to people, fauna, flora or ecosystems, resulting in energy wasting or preventing observation of the night sky will be subject to prevention, suppression or limitation measures.
      The black points of the noise will be inventoried. The most serious health concerns will be resorption within a maximum of seven years. In order to achieve this objective, the State will increase its funding and negotiate an increase in the means devoted to the fight against the noise of infrastructure with territorial authorities and road and rail transport operators.
      The fight against the noise of air transport, including the constraints imposed on night traffic in urbanized areas, will be strengthened and the existing prohibitions maintained. Under the polluter-pays principle, the sounding of existing buildings around airports will benefit from additional means and will be dealt with acceleratedly.
      The State will encourage the setting up of noise observatory in the major cities.

      Rule 42 Learn more about this article...


      Emerging risk monitoring for the environment and health will be intensified by strengthening the coordination and modernization of all existing health monitoring networks.
      France will encourage a European renewal of the expertise and evaluation of emerging technologies, including nanotechnology and biotechnology, to update the knowledge used in all disciplines.
      The use of nanoparticular substances or materials containing nanoparticles will be the subject of a national public debate by the end of 2009. The purpose of the State is to ensure that, within two years of the promulgation of this Act, the manufacture, import or marketing of nanoparticular substances or materials intended to reject such substances, under normal or reasonably foreseeable conditions of use, are subject to a mandatory declaration, particularly in respect of quantities and uses, to the public administrative authority and to information of consumers. A methodology for assessing the risks and benefits associated with these substances and products will be developed. The State will ensure that information due to employees by employers is improved on the risks and measures to ensure their protection.
      The State will put in place a monitoring and measurement device for electromagnetic waves conducted by accredited independent bodies. These devices will be financed by an independent fund supported by network operators emitting electromagnetic waves. The result of these measures will be transmitted to the French Environment and Labour Health Agency and to the National Frequency Agency which will make it public. A decree in the Council of State will define the modalities for the operation of these devices as well as the list of legal persons who may request measures and conditions under which they may apply. The municipalities will be associated with the decisions of implantation of the operators' antennas as part of the establishment of local charters or new procedures of communal or intercommunal consultation. A summary of scientific studies on the effects of electromagnetic fields on health will be presented by the Government to Parliament by the end of 2009.
      A national climate adaptation plan for different sectors of activity will be prepared by 2011.

      Rule 43 Learn more about this article...


      The inventory of potentially polluted sites due to past activity and its crossing with the inventory of water capture points and sites for sensitive populations will be completed in 2010, to identify priority actions. An action plan on the rehabilitation of closed service stations and orphaned sites will be prepared by 2009. Plant clean-up techniques will preferably be used.
      In order to combat the harmful effects on the environment of illegal waste storage and exploitation sites, the State will strengthen its efforts to combat these sites as well as the administrative and penal sanctions provided by the Environmental Code.

      Rule 44 Learn more about this article...


      Major risk prevention policy will be strengthened through:
      (a) Implementation of the "seism plan" in the West Indies and a comprehensive policy for the prevention of overseas natural risks by 2015;
      (b) Reduced population exposure to tsunami risk through the establishment of a national alert centre and the integration of tsunami risk into major risk prevention plans;
      (c) From the reduction of population exposure to flood risk through the control of urbanization, the creation of grassed or planted areas associated with impermeabilized areas, the restoration and creation of flood expansion zones and protection works.
      Plans to monitor the deferred health and environmental impact of natural or technological disasters will be implemented.

      Rule 45 Learn more about this article...


      The State will allocate additional budgetary aids to support the actions described in this chapter, including for the financing of the resorption of the black points of noise.

    • CHAPTER II: Rule 46 Learn more about this article...


      The waste reduction policy, a priority over all treatment modes, will be strengthened by the eco-design of the product to its manufacture, distribution and consumption until its end of life. Producers ' responsibility for wastes derived from their products will be extended taking into account existing shared responsibility mechanisms and a high-incentive source reduction. The waste policy, under the conditions set out in articles 3 and 4 of the Directive 2008/98/EC of the European Parliament and the Council, of 19 November 2008, on wastes and repealing certain guidelines, is in line with the hierarchy of waste treatment set by the same articles: prevention, preparation for reuse, recycling, material recovery, energy recovery and disposal. Residual waste treatment must be carried out primarily by energy recovery in installations whose environmental performance will be strengthened and, if not, for ultimate wastes not recoverable by landfilling. The corresponding facilities must strictly justify their size. At the same time, the amount of waste from incineration or storage will be globally reduced with the objective of preserving resources and preventing pollution, a decrease of 15% by 2012.
      In this context, national objectives are determined as follows:
      (a) Reduce the production of household garbage by 7% per capita over the next five years;
      (b) Increasing the recycling of material and organic waste in order to direct to these industries a rate of 35% in 2012 and 45% in 2015 of household and assimilated wastes as compared to 24% in 2004, with this rate being increased to 75% in 2012 for household packaging wastes and banal wastes of out-of-house enterprises and public works, agriculture, agri-food industries and specific activities.
      In particular, improving the management of organic waste by promoting, as a priority, the management of the proximity of organic wastes, with domestic composting and proximity, and then the methane and composting of the fermentescible fraction of household wastes and, in particular, that of waste from large producers collected separately to ensure, inter alia, the environmental, sanitary and agronomic quality of compost and traceability of their return to soil.
      To encourage waste recycling and recovery, France supports the development at the community level of a legal status adapted to these raw materials, including their characteristics and uses, and defining the rights and obligations of producers and users.
      In order to achieve these objectives, in addition to the renovation of certain environmental protection regulations in the field of waste, the State will implement a comprehensive system involving:
      (a) Support for the development of communication, information and research on wastes, including the impacts of different waste management modes and on substitute products that are sources of lower waste production; The Government shall submit, within three months of the coming into force of this Act, proposals to harmonize the French indicators measuring the performance of waste treatment with those of the countries of the European Union;
      (b) Taxation on storage and incineration facilities to encourage prevention and recycling and modulated according to the environmental and energy performance of the facilities as well as on products that are highly waste-generating when there are alternatives to equivalent functionality whose environmental impact is less and taking into account their contribution to the requirements of hygiene and public health; the proceeds of this tax will benefit primarily from the financing of actions that contribute to the implementation of the new waste policy, in particular in terms of prevention and recycling, and will have to be fully allocated to this policy by the end of 2015. The Government forwards to Parliament by 10 October 2009 a study report on the possibility of alleviating the general tax on polluting activities on communities whose wastes are disposed of at storage facilities when they perform incineration facilities, biogas recovery facilities or related facilities for the improvement of valuation;
      (c) The application to biofuels produced from the processing of animal fats of the provisions for plant-based biofuels;
      (d) A legislative framework for the establishment by the competent territorial authorities of an incentive fee for the financing of household waste disposal and assimilation. The domestic garbage removal fee and the domestic garbage removal tax will have to include, within five years, a variable incentive to take into account the nature and weight and/or volume and/or number of waste removals. The recovery and release of the variable portion of the household garbage removal tax will be carried out under the current conditions fixed by theArticle 1641 of the General Tax Code. The Government shall submit to Parliament, within three months of the coming into force of this Act, a study on the opportunity to establish the domestic garbage removal tax on the housing tax;
      (e) a regulatory, economic and organizational framework to improve the management of certain waste streams, including the development of selective and appropriate wastes: waste of household infective care activities, waste of the building sector and public works, organic waste, hazardous wastes from households and assimilated, wastes from furniture and DIY the signage and the sorting instructions will be gradually harmonized, a procedure for mediation and harmonization of approved waste collection and waste processing lines will be created; In addition, a State censor will attend the meetings of the board of directors of approved eco-organisms and may request communication of any documents related to the financial management of the eco-organism; any eco-organism may only carry out secured financial investments under conditions validated by the board of directors after information from the censor of state;
      (f) Enhanced collaboration, in each overseas department, between all approved ecoorganisms and, if necessary, a unique interface representing them all;
      (g) A strengthened framework for managing the proximity of specific wastes: chess, sewage and sewage sludge, treated wood, dredging sediment and curage;
      (h) Measures limiting packaging to compliance with product safety, hygiene and logistics requirements;
      (i) A modernization of waste-processing tools and, in particular, their residual share through energy development; the methanization and composting of the fermentescible fraction of wastes separated at the source will be encouraged in a framework of national coherence and contractual commitments of all relevant actors to ensure, inter alia, the environmental, health and agronomic quality of compost and traceability of their return to the ground, as well as the quality of biogas, especially in the perspective of its injection into distribution networks; the minimum tonnage clauses shall be deleted in all new incineration units contracts and in contracts to be renewed in order to reduce the amount of waste stored or incinerated; new thermal treatment tools and new storage facilities located in the metropolis will have to strictly justify their size based on the needs of the territories while favouring a waste management autonomy produced in each department or, if not, in the contiguous departments to respect the principle of proximity by adapting to the basins of life.
      The role of planning will be strengthened by:
      ― the obligation to put in place waste management plans from construction sites and public works and to make a prior diagnosis to demolition sites;
      - support to the local authorities for the development of local plans for the prevention of waste production in order to promote its generalization;
      - the revision of plans developed by local authorities to integrate the objectives of this section and to define the actions necessary to achieve them.

      Rule 47 Learn more about this article...


      After Article 1387 of the General Tax Code, it is inserted a 5° so written:
      "5° Valorization of recovery energy.
      "Art. 1387 A.-Communities and their public inter-communal cooperation institutions with a clean taxation may, by deliberation, exempt completely or partially from land tax on built properties, for a period of five years, buildings assigned to an activity within the scope of the professional tax that connect to a waste treatment unit to cover all or part of their thermal energy needs.
      "The deliberation sets the minimum amount of energy that the owner of the building must commit to consume to benefit from this exemption, which must be in relation to the total thermal energy not valued by the treatment unit.
      "The five-year exemption period runs from the first energy supply date by the waste treatment unit.
      "The declarative obligations of persons and organizations concerned by the exemptions provided for in this article shall be determined by decree. »

  • PART IV: EXEMPLARY ETAT Rule 48 Learn more about this article...


    The State, like any public community, must take into account in its decisions on their environmental consequences, including on their part in global warming and their contribution to biodiversity conservation, and explicitly justify the abuses that these decisions may cause. This consideration is favoured, for large public projects, by the broadest possible association of all the actors involved in a spirit of transparency and participation. The State will take the necessary measures to ensure that the bills are presented with a study of the impact of the proposed legislative provisions, both economic and social and environmental.
    The State will promote respect for the environment in public procurement by increasing recourse, in the public markets of the administrations and services under its authority, to environmental criteria and environmental variants. In this context, particularly in overseas areas away from continental France, the State will ensure that products manufactured near the consumer zone are made easier to use, to establish, within this framework, the necessary correspondence and to modify the customs nomenclature in overseas communities in order to distinguish, according to the locality criteria, the imported products. This measure will reduce the ecological cost of transport, including greenhouse gas emissions.
    The aim of the state is to:
    (a) As early as 2009, only vehicles eligible for the "environmental bonus" were purchased for new special vehicles for the use of state civil administrations, except service requirements;
    (b) In 2009, to develop the use of information and communication technologies and videoconferencing facilities;
    (c) Starting in 2010, to buy only certified or sustainablely managed forests;
    (d) By 2012, to significantly reduce the consumption of paper in its jurisdictions, to generalize the recycling of paper used by its administrations and, at that time, to use exclusively recycled paper or from sustainably managed forests;
    (e) To use, for the supply of its collective restoration services, organic products for one part representing 15% of orders in 2010 and 20% in 2012 and, for the same part, seasonal products, low environmental impact products in light of their production and distribution conditions, products under the sign of identification of quality and origin or products derived from exploitations engaged in an environmental certification approach;
    (f) To promote carpooling in its administrations and services.
    State administrations will take stock of their energy consumption and greenhouse gas emissions by 2009 and will undertake a plan to improve their energy efficiency, which will take into account the objectives set for State buildings by Article 5 I, with a target of 20% improvement in 2015.
    The Government shall present to Parliament an assessment of the environmental impact of public budgetary or fiscal aids. Public aids will be gradually reviewed to ensure that they do not incite environmental damage.
    The State will ensure that development assistance programs that it funds or participates are environmentally friendly to the recipient countries and are concerned with the preservation of their biodiversity and, in part, specifically dedicated to these purposes. It will integrate the objective of adaptation to climate change into the French policy of cooperation.
    The State will endeavour to ensure that, by 2012, the initial and continuing training provided to its agents includes teachings on sustainable development and the prevention of health, social and environmental risks adapted to the functions and responsibilities that these trainings prepare.
    The aim of the State is to have national sustainable development indicators in 2010 as set out in the national sustainable development strategy and to organize, by the end of 2009, a national conference bringing together the five environmental stakeholders. The monitoring of these indicators will be made public and presented to Parliament each year from 2011.
    The State is also set to have indicators for the valorization of environmental public goods in national accounts by 2010.

  • PART V: GOVERNANCE, INFORMATION AND TRAINING Rule 49 Learn more about this article...


    Building a new economy that reconciles environmental protection, social progress and economic growth requires new forms of governance, promoting the mobilization of society through mediation and dialogue.
    Associations and foundations working for the environment will benefit from a new regime of rights and obligations when they meet the criteria, including representativeness, governance, financial transparency and competence and expertise in their area of activity.
    National and local bodies that have or will be recognized as having an environmental advisory competence will be reformed, both in their responsibilities and in their names and composition, in order to perform this mission at best.
    Public authorities with an important role in observing, consulting, research, evaluation and consultation in environmental matters will involve, in the framework of a concerted governance, stakeholders in the Grenelle de l'environnement and will have a multidisciplinary approach.
    Municipalities or public institutions of intercommunal cooperation affected by the constraints of urban planning caused by the presence of sites with high environmental impact will be able to benefit, with their operators, from close partnership relationships for the development of these territories.
    The consular chambers, state administrative public institutions that have an advisory role and an intervention role in sustainable development, have a representative for the three consular networks in the Committee on Sustainable Development and Monitoring of the Grenelle de l'environnement.

    Rule 50 Learn more about this article...


    The criteria mentioned in the second paragraph of Article 49 are set by decree in the Council of State taken after consultation with the stakeholders in the Grenelle of the Environment.

    Rule 51 Learn more about this article...


    I. ― Territorial communities and their groupings are key actors in the environment and sustainable development and have complementary roles, both strategic and operational.
    The coherence of their actions in these matters will be fostered by the dialogue within a national consultative forum bringing together the associations of elected representatives from different communities and their groups, which will be associated with the development of the national sustainable development strategy and its implementation. A similar body may be established at the regional level.
    The State will promote the generalization of greenhouse gas emissions balances and, beyond the objectives set out in Article 7, that of the territorial energy climate plans of the local authorities and their groupings in coherence with the local "Agendas 21". It will be able to use local "Agendas 21" as a means of contracting with local authorities.
    The State will extend the environmental assessment of urban planning documents, participate in the dissemination of local experiments on sustainable development and encourage the close linkage of transport policies and urban planning projects.
    The State will consider, in accordance with Community law, how to strengthen the possibility offered by the public procurement code to take into account the environmental impact of products or services related to their transport.
    The State will explore, in consultation with the local authorities, new opportunities for the award of competitions to communities and their groupings that contribute significantly to the achievement of environmental objectives, and will enable them to value their energy saving certificates.
    Training for local government officials on sustainable development and environmental protection will be encouraged.
    II. ― After article L. 5211-60 of the general code of territorial authorities, an article L. 5211-61 is inserted as follows:
    "Art.L. 5211-61. -A public institution for intercommunal cooperation with taxation is capable of transferring any jurisdiction to a union of municipalities or a joint union whose scope includes in whole the community scope after the creation of the union or accession of the public institution.
    "By derogation from the previous paragraph, in the area of water management and watercourses, drinking water supply, collective or non-collective sanitation, collection or disposal of household and assimilated wastes, or distribution of electricity or natural gas, a public institution of inter-communal cooperation with clean taxation may transfer any competence to a union of municipalities or a union in all or part of its territory or to »
    III. – Section II of L. 5215-20 and section IV of L. 5216-5 of the same code are repealed.

    Rule 52 Learn more about this article...


    I. ― The State will develop the production, collection and updating of information on the environment and organize it to ensure its access. It will mobilize its public services and institutions to create a portal to help the Internet user access the environmental information held by public authorities or to participate, where appropriate, in the development of public decisions affecting the environment.
    Public inquiry procedures will be amended to simplify, consolidate, harmonize their rules and improve public participation. The use of a single or joint survey will be promoted in the event of a plurality of masters or separate regulations.
    The public debate procedure will be refurbished to better reflect the impact of projects on the environment.
    Public environmental and sustainable development expertise and environmental alert will be reorganized within a multidisciplinary and pluralistic national framework, involving all relevant stakeholders.
    The possibility of seizing certain agencies of expertise, benefiting from accredited associations, will be extended to other agencies and extended to other actors and organizations.
    The Government shall submit a report to Parliament, no later than one year after the promulgation of this Act, on the opportunity to establish a forum for the protection of alert and expertise to ensure transparency, methodology and ethics of expertise. It will be able to form an appeal instance in the event of conflicting expertise and may be responsible for the investigation of alert situations.
    For structuring rocade projects mentioned in the first paragraph of Article 14, procedures for public investigation, expropriation, procedures related to the safety of guided transport and appeal procedures will be limited to a maximum period defined by decree.
    II. ― The b of the article L. 123-19 of the urban planning code is supplemented by a sentence as follows:
    "In the event of a contentious cancellation of the local urban plan, the former land occupancy plan may be subject to simplified revisions during the two-year period following the decision of the judge who has become final. »

    Rule 53 Learn more about this article...


    The quality of information on how companies take into account the social and environmental consequences of their activity and access to this information are essential conditions for good corporate governance. The Government will study, on the basis of a public assessment of the application of theArticle 116 of Law No. 2001-420 of 15 May 2001 relating to new economic regulations, by involving the parties concerned, the conditions under which the obligation to include in the annual report to the general meeting of shareholders this environmental and social information:
    (a) Could be extended to other companies, depending on the thresholds reached by the turnover, the total balance sheet or the employee workforce, including those in which the State directly or indirectly holds a majority stake;
    (b) may include the activity of the subsidiary(s) of all enterprises subject to this obligation;
    (c) Could include information on the company's contribution to sustainable development.
    The Government will support the harmonization of sectoral indicators at the community level.
    It will also explore the possibility of including in the training plans of companies subject to this obligation modules on the environment, sustainable development and risk prevention.
    Union organizations of employees and employers will be seized in accordance with the Act No. 2007-130 of 31 January 2007 the modernization of social dialogue on the possibility of adding to the responsibilities of staff representative institutions a mission in the field of sustainable development, extending the internal professional alert procedure to the enterprise at the risk of environmental and public health, and defining by professional branches social and environmental indicators adapted to their specificities.
    The Government will continue its efforts to establish, where there is a high environmental impact company, dialogue bodies that locally involve stakeholders at the Grenelle de l'environnement and other interested stakeholders, including the residents of the site.
    The State will support the creation, for companies of any size, of labels attesting to the quality of their management in environmental and social fields and their contribution to the protection of the environment, and the establishment of an accreditation mechanism for independent certifying bodies responsible for assigning them. It will support in the most appropriate way, including tax, small and medium-sized businesses that will engage in environmental certification.
    The State will assist employers in an area of activity that will group to have environmental management of this area in association with voluntary and contractual territorial authorities.
    Socially and environmentally responsible investment will be encouraged by incentive mechanisms and information campaigns.
    France will propose the introduction at the community level of the principle of recognition of the responsibility of parent companies with respect to their subsidiaries in the event of a serious breach of the environment and will support this orientation at the international level.
    It will support the introduction of environmental criteria, including biodiversity criteria, in the actions of international financial, economic and trade institutions. France will propose a community-level work framework for the establishment of social and environmental indicators for comparison between companies.

    Rule 54 Learn more about this article...


    Consumers must be able to have genuine, objective and complete environmental information on the overall characteristics of the product/pack couple and be offered environmentally friendly products at attractive prices. France will support the recognition of these same requirements at the European Union level.
    The mention of the environmental impacts of products and service offerings in addition to the display of their prices will be progressively developed, including at the community level, as well as the display and availability, at the sites and sites of sale, their traceability and the social conditions of their production. The methodology associated with the evaluation of these impacts will result in consultation with the professionals involved.
    The State will launch a multi-year public information and awareness programme on the issues of improving energy performance and taking sustainable development into account in building and housing.
    Public campaigns on sustainable consumption will be organized. The State will ensure that television channels and public radios take into account the issues of sustainable development and environmental protection, including by changing the terms of reference.
    Regulation of advertising by professionals will be developed after consultation between them and consumer associations, environmental protection and environmental education in order to better integrate respect for the environment and sustainable development.
    In accordance with community law, the State will put in place incentive schemes to give, for specific categories of products, a price advantage to the products most environmentally friendly financed by a taxation of the products most affected by the environment.
    France will support the introduction by the European Community of a reduced value-added tax rate on products with a low impact on climate or biodiversity.
    In order to ensure good information from individuals and building professionals, the State is committed to improving the quality and content of the energy performance diagnosis in order to have a reliable and recognized reference tool.

    Rule 55 Learn more about this article...


    Education for sustainable development is carried out by all disciplines and integrated into the daily functioning of schools. It contributes, through its ethical and social dimensions, to the formation of citizens.
    In agricultural high schools, teachings on agronomy, genetic diversity, the rational use of means of production and their environmental impact, rules of good practices of use of inputs, environmental effects of inputs, soil operation and high environmental value farms will be strengthened. The actions of these high schools will focus on the rapid generalization of environmentally friendly methods developed experimentally.
    Higher education institutions will develop a "Green Plan" for campuses for the year 2009. Universities and major schools can apply for labelling on the basis of sustainable development criteria.
    The initial and ongoing training of members of the health professions and space development professionals will include teachings, adapted to the professions they are concerned, related to environmental health issues, starting in the early 2009.
    A institute providing high-level continuous training in sustainable development to public and private decision-makers will be created, which can have regional branches.
    The tools of lifelong training will be implemented to support, at any level of qualification, the professional transitions related to evolution to a sustainable development model, with a view to developing the professions and sectors of the environment, recycling, eco-design and analyses of the product life cycle and knowledge of ecosystems.

  • PART VI: PROPOSAL PROVISIONS TO THE OUTRE MER Rule 56 Learn more about this article...


    Overseas departments and regions, overseas communities governed by theArticle 74 of the Constitution and New Caledonia are called upon to play an essential role in the nation's policy for sustainable development and ecodevelopment within their different geographical areas; State policy will place their sustainable development at the forefront of its priorities, taking into account their societal, environmental, energy and economic specificities.
    Without prejudice to the objectives that relate to the entire national territory, or to those specific to the overseas defined in titles I to V, this ambition for the overseas country is further pursued by:
    ― in the field of energy: achieving energy autonomy, reaching a target of 30% renewable energy in Mayotte's final consumption by 2020 and a minimum of 50% in other communities; develop energy storage and network management technologies to increase the share of intermittent renewable energy production in order to enhance the energy autonomy of overseas territorial communities; develop, for Guadeloupe, Guyana, Martinique and La Réunion, exemplary programs, specific for each of them, aiming at energy autonomy, by 2030; Undertake, at the same time, a consumer control program, which will result in the adoption of an Energy-Climate plan in each community in 2012. adopt a suitable thermal regulation that encourages the production of solar hot water in new buildings and photovoltaic electricity in those that need to be air-conditioned, that promotes the reduction of air conditioning to the benefit of insulation and natural ventilation and the production of photovoltaic electricity in those that need to be air-conditioned, and mobilize the competitiveness poles concerned on the energy issues of the overseas; in the enclaved areas
    ― in the field of waste: to achieve, by 2020, exemplary integrated management combining prevention, recycling and recovery, which will be based on a device adapted to geological characteristics and objective conditions of access to isolated sites; provide for regulatory adaptations on the construction and rehabilitation of non-hazardous waste storage facilities and reflect on the potential for financing these infrastructure to overseas municipalities; establish in Guyana without delay, in consultation with the local authorities, a plan for the resorption of wild landfills with a study of funding modalities; promote waste management through the creation of interregional cooperation channels;
    ― in the field of biodiversity and natural resources: to develop knowledge, integrated management and protection systems for terrestrial and marine wildlife and wildlife, comparable to existing systems in the metropolis, where they are not applicable; to enhance green and blue biotechnology; include plants and other medicinal species in the French pharmacopoeia by ensuring the application of Article 8 (j) and Article 15 of the Convention on Biological Diversity of 5 June 1992; Achieving, by 2010, a special inventory of overseas biodiversity and a synthesis of existing knowledge to identify and locate priority issues, with carbon credit, particularly in Guyana; lead exemplary actions in favour of coral reefs, including by strengthening the French initiative on coral reefs, or protected areas and marine areas;
    - in the field of water: to include, by 2012, a system for the recovery of rainwater for sanitary use for any new construction; promote, by an appropriate device, the use of rainwater for the entire domestic network;
    ― in the field of extractive activities: to develop and adopt, in Guyana in 2009, in consultation with local authorities, a mining scheme that ensures the development of sustainable, environmentally friendly and economicly structured extractive activities; develop and adopt a marine mining scheme for Guyana; support the sustainable development of its mining resources undertaken by New Caledonia through its mining scheme;
    ― in the field of pollution and health: to achieve a good ecological state of the water by speeding up the implementation of water development and management schemes or river contracts at the watershed scale; ensuring equal access to drinking water for all citizens; initiate, without delay, a program to ensure safe drinking water supply and sanitation by 2015; initiate, without delay, a programme to address soil pollution by hazardous substances;
    ― in the field of transport: to study a programme of mesh of the territory by modes of public transport on a clean site in a perspective of disenclavement, preservation of natural spaces and sustainable development. The results of this study will be delivered in 2011;
    ― in the field of climate change: setting up a local strategy to adapt to the consequences of climate change.
    To achieve these objectives, the State will be able to adapt the regulatory, tax or incentive provisions in their application to overseas departments and regions, in accordance with the first paragraph of theArticle 73 of the Constitution. These communities may adapt these provisions in the conditions set out in the second paragraph of the same article.
    In addition, under appropriate local governance, overseas departments and regions, with the exception of La Réunion, may set specific rules under the conditions set out in the third paragraph of Article 73 of the Constitution.
    The objectives set out in this article are for overseas departments and regions. Their implementation will be carried out in accordance with their respective organization and the consultation and consultation procedures provided by the organization.
    The State shall ensure the coherence of its action with New Caledonia and its constituent communities and overseas communities governed by Article 74 of the Constitution in accordance with the guidelines set out in this Article.

    Rule 57 Learn more about this article...


    Section 8 is applicable to Mayotte.
    This law will be enforced as a law of the State.
    Done at Lavandou, August 3, 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 the sea,
green technologies
and climate negotiations,
Jean-Louis Borloo
The state minister, keep seals,
Minister of Justice and Freedoms,
Michèle Alliot-Marie
Minister for Foreign Affairs
and European,
Bernard Kouchner
Minister of Economy,
industry and employment,
Christine Lagarde
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
Minister of Labour, Social Relations,
of the family, solidarity
and the city,
Xavier Darcos
Minister of Budget, Public Accounts,
Civil Service
and state reform,
Eric Woerth
Minister of National Education,
Government spokesperson,
Luc Chatel
Minister of Higher Education
and research,
Valérie Pécresse
Minister of Defence,
Hervé Morin
Minister of Health and Sports,
Roselyne Bachelot-Narquin
Minister of Food,
agriculture and fisheries,
Bruno Le Maire
Minister of Culture
and communication,
Frédéric Mitterrand
The Minister of Immigration,
integration, national identity
and solidarity development,
Eric Besson
Minister of Rural Space
and landscaping,
Michel Mercier
Secretary of State
Transport Officer
Dominic Bussereau
Secretary of State to the Minister of State,
Minister of Ecology, Energy,
sustainable development and the sea,
green technologies
and climate negotiations,
Valérie Létard
Secretary of State
responsible for ecology,
Chantal Jouanno
Secretary of State
responsible for housing and urban planning,
Benoist Apparu
Secretary of State
loaded with the overseas,
Marie-Luce Penchard

__________
(1) Preparatory work Law No. 2009-967.

National Assembly : Bill No. 955;
Report of Mr. Christian Jacob on behalf of the Committee on Economic Affairs, No. 1133;
Opinion of Mr. Eric Diard on behalf of the Law Commission, No. 1125;
Discussion on 8, 9, 13-17 October and adoption on 21 October 2008 (TA n° 200).

Senate :
Bill, passed by the National Assembly, No. 42 (2008-2009);
Report of Mr. Bruno Sido, on behalf of the Committee on Economic Affairs, No. 165 (2008-2009);
Discussion on 27-30 January, 3-6 and 10 February 2009 and adoption on 10 February 2009 (TA n° 49).

National Assembly :
Bill, as amended by the Senate, No. 1442;
Report of Mr. Christian Jacob, on behalf of the Committee on Economic Affairs, No. 1692;
Discussion on 10, 11 and 15 June 2009 and adoption on 17 June 2009 (TA No. 301).

Senate :
Bill, adopted with amendments by the National Assembly, No. 472 (2008-2009);
Report of Mr. Bruno Sido, on behalf of the Committee on Economic Affairs, No. 488 (2008-2009);
Text of Commission No. 489 (2008-2009)
Discussion on July 1, 2009 and adoption on July 1, 2009 (TA No. 104).

National Assembly :
Bill, amended by the Senate on second reading, No. 1795;
Report of Mr. Christian Jacob on behalf of the Joint Parity Commission, No. 1864;
Discussion and adoption on 23 July 2009 (TA No. 325).

Senate :
Report of Mr. Bruno Sido, rapporteur, on behalf of the Joint Parity Commission, No. 581 (2008-2009);
Discussion and adoption on 23 July 2009 (TA No. 128) .









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