Key Benefits:
Public concerned: drivers, operators and owners of buildings; oily and greasy waste reception stations; feeding stations providing fuel exempt from customs duties and domestic taxes; Waterways of France; customs offices.
Purpose: Implementation of the mechanism established by the Convention on the Collection, Deposit and Receipt of Wastes in Rhine and Inland Navigation, signed in Strasbourg on 9 September 1996, for the organization and financing of the receipt and disposal of oily and greasy wastes, as described in Article 6 of the Convention and Part A of its Regulations.
Coming into force: immediate ― with the exception of section 3 applicable to January 1, 2011.
Notice: The Strasbourg Convention of 9 September 1996 sets up a financing system based on the principle of polluter pays. The financing of the disposal of oily and greasy waste is provided by a retribution from the fuel exempted from customs duties avitailated by the bworkshops. Retribution will be earmarked for the financing of reception stations that collect these wastes. In each State Party to the Convention, a national body called "national institution" is designated for the management of this funding system.
The purpose of the decree is to:
― create the so-called "disposal retribution" royalty intended to finance the disposal of oily and greasy waste occurring during operation;
― designate the public establishment Waterways of France national institution responsible for the organization of the financing system;
― specifying the terms and conditions for payment of retribution, the role of the feeding stations;
- provide for the provision of information necessary to monitor payment of retribution between Customs and VNF services.
The Prime Minister,
On the report of the Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations,
Vu le Customs Codeincluding article 190;
Vu le Decree No. 60-1441 of 26 December 1960 amended by statute of the French Waterway, in particular its article 4;
Vu le Decree No. 2010-197 of 23 February 2010 Publication of the Convention on the Collection, Deposit and Receipt of Wastes in Rhine and Inland Navigation, signed in Strasbourg on 9 September 1996;
In view of the opinion of the National Chamber of Handcrafted Fireworks, dated 28 January 2010,
Decrete:
For the purposes of this decree:
the Strasbourg Convention of 9 September 1996 annexed to the decree of 23 February 2010 referred to above, including its annexes and appendices, is referred to as "Convention";
― Schedule 2 to the Implementing Regulations Agreement is referred to as "Implementation Regulations";
― Part A of the Application Regulations, entitled " Collecting, Depositing and Receipt of Oily and Faty Waste occurring during the operation of the building", is referred to as Part A;
- it is referred, unless otherwise provided, to the definitions established by the convention.
The provisions of this decree shall establish the modalities for the implementation of the provisions of the Convention relating to the financing of the collection, deposit and receipt of oily and greasy waste occurring during the operation of the building, for the purpose of their application in France within the limits set for Part A.
Pursuant to Article 6 of the Convention, a royalty, known as "retribution of disposal", is established for the financing of the collection and disposal of oily and greasy waste occurring during the operation of the buildings.
Its amount shall be determined by the Conference of the Contracting Parties in accordance with the provisions of Articles 6 and 14 of the Convention and 3.01 of the Regulation of Implementation.
Disposal reward is paid by drivers of motorized buildings, excluding sea vessels, when fuelling is exempted from customs duties and domestic taxes under the provisions of section 190 of the Customs Code.
Disposal retribution is due as of January 1, 2011.
Under Article 9 of the Convention, the public establishment Waterways of France is designated a national institution responsible for France for the organization of the financing system for the collection and disposal of oily and greasy waste occurring during the operation of the Rhine and Inland Navigation Buildings.
It organizes the recovery of the disposal retribution, receives the product and participates in the financial equalization and international coordination, for the financing of the oily and greasy waste reception and disposal activity provided by the reception stations it designates under Article 6 of the Convention.
Inland waterways in France inform the drivers, operators or owners of the buildings concerned of the modalities for the implementation of the receipt of oily and greasy waste, including:
― the amount of disposal retribution;
― the terms and conditions under which the disposal reward is paid during the feeding;
– the designated receiving stations and the general terms and conditions for depositing waste at these stations.
Inland waterways of France publishes the amount of the disposal retribution as well as the list of designated reception stations, by a specific insertion in the Official Bulletin of the Acts of Inland Waterway of France.
Inland waterways of France ensures the implementation in France of the payment system for the disposal of the goods, which defines the modalities in accordance with the provisions of the Convention and those taken for its application in the framework of international coordination.
It provides fuel supply stations referred to in Article 3 with the means necessary to carry out their tasks under the Convention and this Order.
When feeding, the fuelling stations referred to in section 6 carry out the operations necessary for the performance of the removal reward by the conductors, and provide them with a justification.
They shall communicate to the France Waterway data on the quantities of fuel that have been vacated by the buildings concerned and the amounts of retribution paid, in accordance with the provisions of the Convention and those taken for its application, as well as in the manner set by the France Waterway.
Inland waterways of France concludes with each fuelling station a convention to specify the terms and conditions of these exchanges, as well as the modalities of the provision of the means necessary to the fuelling stations as provided for in Article 6.
The territorially competent customs offices shall communicate to France the contact information of the feeding stations referred to in Article 6. They shall provide the information in their possession on the quantities of fuel referred to in section 3 that were provided by each of these fuelling stations on a quarterly basis.
The Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, the Minister of Budget, Public Accounts and State Reform and the Secretary of State for Transport are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, June 25, 2010.
François Fillon
By the Prime Minister:
Minister of State, Minister of Ecology,
of energy, sustainable development and the sea,
green technologies
and climate negotiations,
Jean-Louis Borloo
Minister of Budget, Public Accounts
and state reform,
François Baroin
Secretary of State
Transport Officer
Dominic Bussereau
