Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations,
Having regard to the Constitution, including article 38;
Considering Regulation (EC) No. 2037/2000 of the European Parliament and Council of 29 June 2000 on substances that deplete the ozone layer;
Having regard to Commission Regulation (EC) No. 2216/2004 of 21 December 2004 concerning a standardized and secure registry system in accordance with European Parliament and Council Directive 2003/87/EC;
Considering 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 and the restrictions applicable to these substances;
Considering Regulation (EC) No. 689/2008 of the European Parliament and the Council of 17 June 2008 concerning the export and import of dangerous chemicals;
Having regard to Commission Regulation (EC) No. 1205/2008 of 3 December 2008 on modalities for the implementation of Directive 2007/2/EC of the European Parliament and the Council on metadata;
Considering Regulation (EC) No 1272/2008 of the European Parliament and Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006;
Having regard to Commission Regulation (EC) No. 976/2009 of 19 October 2009 on modalities for the implementation of Directive 2007/2/EC of the European Parliament and the Council on network services;
Considering Regulation (EC) No. 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer;
Having regard to Commission Regulation (EU) No. 268/2010 of 29 March 2010 on modalities for the implementation of Directive 2007/2/EC of the European Parliament and the Council with regard to the access of community institutions and bodies to the series and services of geographical data of member States under harmonized conditions;
Considering Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003, establishing a system for the exchange of greenhouse gas emission quotas in the Community and amending Council Directive 96/61/EC;
Considering Directive 2006/123/EC of the European Parliament and the Council of 12 December 2006 on services in the domestic market;
Considering Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing a geographic information infrastructure in the European Community (INSPIRE);
Considering Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC to integrate air activities into the community-based greenhouse gas emission quota system;
Considering Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC to improve and expand the community-based system for the exchange of greenhouse gas emission quotas;
Considering Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC and 2008/1/EC and Regulation (EC) No 1013/2006 of the European Parliament and the Council;
Considering the environmental code;
Vu la Act No. 78-753 of 17 July 1978 carrying out various measures to improve the relationship between administration and the public and various administrative, social and fiscal provisions;
Vu la Act No. 81-742 of 5 August 1981 authorizing the approval of the 1973 International Convention, known as the MARPOL Convention, for the Prevention of Ship Pollution, made in London on 2 November 1973, as amended by the Protocol of 17 February 1978 (MARPOL 73/78);
Vu la Act No. 2000-645 of 10 July 2000 authorizing the approval of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, done at Kyoto on 11 December 1997;
Vu la Act No. 2006-686 of 13 June 2006 on transparency and security in nuclear matters;
Vu la Act No. 2010-788 of 12 July 2010 bringing national commitment to the environment, including Article 256;
Having regard to the advice of the Superior Council of the Merchant Navy dated 6 July 2010;
Considering the opinion of the interdepartmental water mission of 24 September 2010;
The Council of State heard;
The Council of Ministers heard,
Order:
The environmental code is amended to read:
I. ― At 1° of Article L. 124-4 of the Environmental Code, the words "in the sixth and last paragraphs of the I" are replaced by the words "in the e and h of the 2° I".
II. ― After chapter VI of title II of Book I of the Environmental Code, a chapter VII entitled "From Geographic Information Infrastructure" is added:
“Chapter VII
"From geographic information infrastructure
“Section 1
“General provisions
"Art.L. 127-1.-This chapter applies, without prejudice to the provisions of Chapter IV of Title II of Book I, to the geographic data series:
“– held by or on behalf of a public authority;
"in electronic format;
“—related to an area on which France holds or exercises its jurisdiction;
"– and concerning one or more themes in Annexes I, II and III of Directive 2007 / 2 / EC of the European Parliament and of the Council of 14 March 2007 establishing a geographic information infrastructure in the European Community (INSPIRE).
“In the sense of this chapter, is considered to be:
"1°" Geographical information infrastructure”, metadata, geographic data series and geographic data services; networked services and technologies; agreements on sharing, access and use; and mechanisms, processes and procedures for coordination and monitoring established, operated or made available in accordance with this chapter;
"2°" Geographical donation “, any data directly or indirectly referring to a specific location or geographic area;
"3°" Geographical Data Series ”, an identifiable compilation of geographical data;
"4° "Geographic Data Services", operations that can be executed using a computer application on the geographic data contained in geographic data series or metadata associated with it;
"5°" Geographical object ”, an abstract representation of a real phenomenon linked to a specific location or a geographic area;
"6° "Metadonnée", information describing the geographic data series and services and making possible their research, inventory and use;
"7°" Interoperability, the possibility of a combination of geographic data sets and service interaction, without repeated manual intervention in such a way that the result is consistent and the added value of series and enhanced data services;
"8° "INSPIRE Portal", a website or equivalent that gives access to the services referred to in Article L. 127-4;
"9°" Public authority “, public authorities referred to in Article L. 124-3 or any person acting on their behalf;
"10° "Tiers", any natural or legal person other than a public authority within the meaning of 9°.
"When several identical copies of the same set of geographical data are held by or on behalf of several public authorities, this chapter applies only to the reference version of which the various copies are drawn.
"This chapter also applies to geographic data services that relate to data contained in the geographic data sets referred to in the first paragraph, as well as to geographic data series and services held by a third party to which the network referred to in section L. 127-4 has been made available in accordance with section L. 127-5.
"However, this chapter is only applicable to the geographic data series held by a municipality or on behalf of the municipality if there are legislative provisions for the collection or dissemination of such data.
“Section 2
« Metadata
"Art.L. 127-2.-The public authorities create and update metadata for the geographic data series and services defined in Article L. 127-1 in accordance with the terms and conditions of application defined in Regulation (EC) No 1205 / 2008 of 3 December 2008.
"These metadata include information on:
“(a) A conformity of geographic data series with the terms and conditions for the application of interoperability referred to in section 3 of this chapter;
“(b) The conditions applicable to access and use of geographic data series and services and, where applicable, the corresponding costs;
"(c) The quality and validity of geographical data sets;
"(d) To the public authorities responsible for the establishment, management, maintenance and dissemination of series and geographic data services;
“e) Restrictions on public access and the reasons for these restrictions.
“Section 3
« Interoperability of series
Geographical Data Services
"Art.L. 127-3.-The public authorities shall implement data series and services in accordance with the technical terms of interoperability determined by the regulations made under Directive 2007 / 2 / EC of 14 March 2007.
"The timetable for the implementation by the public authorities of the terms and conditions for the application of interoperability within the meaning of Article L. 127-1 and, where applicable, the harmonization of data series and services within the meaning of this same article, in differentiating between the newly collected or restructured geographic data series, as well as the corresponding geographical data services, and other series of Ministers
“Section 4
“Network services
"Art.L. 127-4.-I. ― The public authorities establish and operate a network of the following services relating to geographic data series and services for which metadata have been created in accordance with this chapter:
“(a) Research services to identify series and geographic data services based on the content of the corresponding metadata and to display metadata content;
“(b) Consulting services allowing at least to display data, navigate, change scale, opt for a panoramic view, or superimpose several sets of data viewable and display legends as well as any relevant metadata content;
"(c) Download services to download copies of series of geographical data or parts of these series, and, where possible, access directly to it;
"(d) Processing services to transform geographic data series to achieve interoperability;
“e) Services to call geographic data services.
"These services take user requirements into account, are easy to use and accessible to the public via the internet.
"They are in compliance with the implementation rules for metadata obligations, network services and interoperability as determined by the regulations made pursuant to Directive 2007 / 2 / EC of 14 March 2007, notably Regulation (EC) No 976 / 2009 of 19 October 2009.
“II. - For the purposes of services referred to in a of I, the minimum combination of the following research criteria must be implemented:
“(a) Keywords;
“(b) Classification of services and geographic data sets;
“(c) Quality and validity of geographical data;
"(d) Degree of conformity of the terms and conditions of application of interoperability referred to in section 3 of this chapter;
“e) Geographical situation;
“(f) Conditions for access to and use of data series and services;
“(g) Public authorities responsible for the establishment, management, maintenance and dissemination of series and geographic data services.
"III. ― The transformation services referred to in I d are combined with the other services referred to in I to allow the operation of these services in accordance with the terms and conditions for the application of interoperability referred to in section 3 of this chapter.
"Art.L. 127-5.-The State shall provide the public authorities with the necessary information so that they may connect to the network referred to in I of Article L. 127-4 their geographic data series and services referred to in Article L. 127-1 and the corresponding metadata.
"The public authorities, within existing technical limits and subject to the exclusion of excessive additional costs to their loads, shall provide the technical possibility to link their geographic data series and services to the network referred to in Article I. 127-4 when these geographic data series and services comply with the rules for the implementation of this chapter relating to metadata, network services and interoperability.
"Art.L. 127-6.-The public authorities, after having appreciated the public's interest in open access to the geographic data series and services by the internet in relation to that of limited or conditional access, may restrict the intended access:
« 1° At Article L. 127-4, paragraph I, if it is likely to affect any of the interests set out in Article L. 124-5, Part II;
« 2° In section L. 127-4, b-e, and access to electronic commerce services referred to in section L. 127-7, if it is likely to affect any of the interests set out in section L. 124-4.
"Restrictions referred to in 2° are applicable to geographic data series and services relating to emissions of substances in the environment only to the extent that Internet access to these data is likely to affect any of the interests set out in II of section L. 124-5.
"Art.L. 127-7.-The public authorities shall make available to the public free of charge the search and consultation services provided by the internet referred to in a and b of the I of Article L. 127-4.
"Services by the internet referred to in (b) of Article L. 127-4 may be circumscribed to a consultation in a format excluding any download or copy of the geographic data series and services, and preventing reuse for commercial purposes.
"Subject to proposing ad hoc e-commerce services, the public authorities which make available services by the internet referred to in (b), (c) or (e) of Article L. 127-4 may submit access to such services to a royalty or a licence to operate under the conditions defined by the provisions of Articles 14 to 16 of Law No. 78-753 of 17 July 1978, bearing various measures to improve relations between the administration and the public. In this case, this public provision of geographic data series and services is not considered public dissemination within the meaning ofArticle 2 of Act No. 78-753 of 17 July 1978 above.
"However, the public authorities may not collect, on the occasion of the provision of the Internet consultation services referred to in Article L. 127-4, a fee for the consultation of their data series only when this fee is necessary to maintain the geographic data series and related services, in particular if it is a very large volume of data updated at least monthly.
“Section 5
“Share of data between public authorities
"Art.L. 127-8.-I. ― The public authorities may access the geographic data series and services, within the meaning of this chapter, held by other public authorities, share, exchange and use them, for the purpose of carrying out a public service mission related to the environment, as these geographic data series and services relate to the exercise of this mission.
"However, the provisions of this section do not apply to public authorities when performing a public service mission of an industrial or commercial nature, or to geographic data series and services produced or received by public authorities in the exercise of such a mission.
“II. ― Any restrictions that may create practical obstacles, the point of use, access and sharing of these series and geographic data services between public authorities are prohibited.
"The modalities for the provision of geographical data series and services are determined by decree in the Council of State.
"III. ― Access and sharing of series and geographic data services between public authorities, within the meaning of this section, are also open to the public authorities of other Member States, as well as, in accordance with the principle of reciprocity and equal treatment, to the bodies established by international agreements to which the European Union and the Member States are parties, for the purpose of carrying out a public service mission in relation to the environment, in respect of these missions
"The access of community institutions and bodies to the geographic data series and services of the public authorities is determined by Regulation (EU) No 268 / 2010 of 29 March 2010.
"IV. ― Public authorities may limit access and sharing of geographic data series and services, within the meaning of this section, if such access or sharing is likely to affect any of the interests set out in section II of section L. 124-5.
"Art.L. 127-9.-The public authorities may submit access to or share of the geographic data sets and services referred to in section L. 127-8 to a royalty or licence to operate under the conditions defined by the provisions of sections 14 to 16 of Act No. 78-753 of 17 July 1978, bearing various measures to improve the relations between the administration and the public and various provisions of an administrative, social and fiscal order, notwithstanding
"The geographic data sets and services provided to the institutions and bodies of the European Union for the fulfilment of reporting obligations under European environmental legislation are not subject to payment.
"A decree in the Council of State determines the conditions under which royalties are fixed and the licences are granted.
“Section 6
Miscellaneous provisions
"Art.L. 127-10.-I. ― In the area of carriage and representation of the building, the cadastral plan is the reference data.
“II. ― For the purpose of establishing national or local reference geographic databases, the State, the territorial authorities and their respective public institutions which are designed to establish them may, where appropriate, constitute interconnections with files held by other public or private persons and which include personal data, digital databases including information relating to parcel cutting, as well as to the addresses of parcels.
"They may disseminate, including electronically, to all public and private individuals, information contained in these national or local reference databases.
"These national or local reference geographic databases cannot include any personal information other than the parcel cutting and the addresses of the plots.
"III. ― A decree in the Council of State, taken after the advice of the National Commission on Informatics and Freedoms, sets out the modalities for the establishment of these databases and information that may be disseminated.
"IV. ― This section is applicable throughout the territory of the Republic. »
III. ― Section 110 of Act No. 2009-526 of 12 May 2009 on simplification and clarification of the law and relief of proceedings is repealed.
The environmental code is amended to read:
I. ― Section L. 229-5 is supplemented by the following paragraphs:
"The provisions of this section also apply to aircraft operators, rejecting a greenhouse gas in the atmosphere during any flight upon arrival or departure of an aerodrome located in the territory of a Member State of the European Union, with the exception of flights whose list is fixed by decree, of which France is the Member State responsible.
"For the purposes of this section:
"An aircraft operator is the person who operates an aircraft at the time of an aerial activity, or the owner of the aircraft when that person is not known or is not identified by the aircraft owner;
"– an aircraft operator whose France is the responsible Member State is an aircraft operator with an operating licence issued by the French administrative authority in accordance with Article L. 330-1 of the Civil Aviation Code, or, if not, an operator whose emissions attributed to France are the highest among those attributed to the Member States of the European Union on the list of the European Union, issued by the European Commission in 2003
"The provisions of this section do not apply to aircraft operators for the flights they operate on arrival or departure of an aerodrome located in the territorial community of Saint-Pierre-et-Miquelon. »
II. ― Section L. 229-6 is amended as follows:
1° The last sentence of the third paragraph is deleted;
2° The article is supplemented by the following paragraphs:
"An order made by the Minister for Transport sets out the modalities for the implementation of the specific monitoring, reporting and control obligations to which aircraft operators referred to in section L. 229-5 are subject, with respect to their emissions, and, where applicable, their air operations in terms of tonnes-kilometers.
"These Orders also specify the terms and conditions for the verification of the emission declarations referred to in Article L. 229-14, III, or the declarations of emissions and air activities in terms of tonnes-kilometers referred to above. »
III. ― Section L. 229-7 is amended as follows:
1° In the second paragraph, the words "or for greenhouse gas emissions resulting from air activities" are added before the words: "The State shall affect the operator";
2°In the third paragraph, the words "by this installation" are deleted;
3° The fourth preambular paragraph is replaced by a new preambular paragraph:
"At the end of each calendar year of the period of assignment, the operator shall return to the State under penalty of the sanctions provided for in Article L. 229-18 a number of quotas equal to the total greenhouse gas emissions of its facilities or resulting from its air activities, whether these quotas have been issued or have been acquired pursuant to the provisions of Article L. 229-15 or Article IV of 12-12. Under this obligation, the operator of a facility may not return quotas issued to an aircraft operator in accordance with the provisions of section L. 229-12. » ;
4° In the sixth paragraph, the words "for installations and the V of Article L. 229-12 for air operations" are added after the words "as provided by Article L. 229-8 VI";
IV. ―Before the first paragraph of Article L. 229-8, a new paragraph is added as follows:
"The provisions of this section apply to facilities referred to in Article L. 229-5. »
V. ― Section L. 229-10 is repealed.
VI. ― After Article L. 229-11, a new article L. 229-12 is inserted as follows:
"Art. L. 229-12. - The provisions of this section apply to aircraft operators referred to in section L. 229-5.
"I. ― For the purposes of this section, "period" means the period of time for which quotas are assigned to aircraft operators, the first period being the year 2012 and the periods from 2013 being successive periods of five years.
“II. ― For each period, each aircraft operator may apply for the assignment of free-of-charge quotas by submitting to the competent authority an application, in accordance with the terms and conditions set out in the Aircraft Operators Order under section L. 229-6, of its aerial activity in terms of tonnes-kilometres for "the year of monitoring", that year being defined as the year 2010 for the first period and
"The share of quotas allocated free of charge to each aircraft operator is calculated by the competent authority by multiplying its declared activity in terms of tonnes-kilometers during the monitoring year by the European Commission's repository based on the total amount of quotas of the period to be distributed free of charge, except the quotas of the special reserve referred to in III of this Article, and of the total activity reported in terms of the
"Each year, the amount of quotas that is free of charge is equal to that part, divided by the number of years of the period.
"III. ― For each period beginning in 2013, aircraft operators may apply for the assignment of free quotas from a special reserve:
“(a) If they have started operating an air activity after the surveillance year;
“(b) Or if their activity reports in terms of tonnes-kilometers reflect an annual increase of more than 18% between the monitoring year and the second calendar year of that period.
"As long as the activities referred to in point a or the additional activity beyond the annual increase of 18% referred to in point b do not, for part or in their entirety, fall within the framework of the continuation of an air activity previously carried out by another aircraft operator.
"For this purpose, each operator concerned shall submit to the competent authority an application to report on its air activity in terms of tonnes-kilometres during the second calendar year of the period, in accordance with the terms and conditions set out in the aircraft operators order under section L. 229-6.
"The share of the special reserve quotas allocated free of charge to each aircraft operator is calculated by multiplying its declared activity above or its increased activity reported under item (b) by the repository of the special reserve established by the European Commission on the basis of the total quantity of quotas of the special reserve of the period, and of all applications transmitted to it.
"An aircraft operator under point b may not be affected by more than 1,000 000 special reserve quotas.
"Every year, the amount of quotas distributed free of charge to an aircraft operator under the special reserve is equal to its share divided by the number of complete calendar years remaining from the period.
"IV. – Aircraft operators are among those who can acquire quotas issued at auction by member states during each period. The total quantity of these quotas is determined for each Member State by the European Commission.
"V. ― For each period, a joint order of the Minister for Transport and the Minister for the Environment shall be determined in the form of a percentage of their emissions of the year, the maximum quantity of the units referred to in section L. 229-22 that aircraft operators may use in accordance with the last paragraph of section L. 229-7. »
VII. ― Section L. 229-13 is replaced by a new paragraph as follows:
"The quotas are valid during the period under which they are assigned until they are used. »
VIII. — The third of section L. 229-14 is replaced by a sub-paragraph as follows:
"III. ― Quotas are returned on the basis of a statement made:
"by each registered facility operator, greenhouse gas emissions from its facilities, verified at the operator's expense by an organization declared to the administrative authority and accredited to that effect, and then validated by the inspection of classified facilities. The declaration of greenhouse gas emissions by an operator shall be deemed to be validated if the inspection of classified facilities did not make an observation within a time limit set out in the order provided for in section L. 229-6;
", or by each aircraft operator, greenhouse gas emissions resulting from its aerial activities, verified at the operator's expense by an organization declared to the administrative authority and accredited to that effect, in accordance with the terms and conditions set out in the order set out in section L. 229-6. »
IX. ∙ Section L. 229-15 is amended as follows:
1° In I, the words: "or aircraft operators" are added after the words: "to plant operators authorized to emit these gases";
2°In the first paragraph of II, the words: "by any aircraft operator referred to in section L. 229-5" are added after the words: "an authorization to emit greenhouse gases,"
X. ― Section L. 229-18 is amended as follows:
1° The first three sub-items of I are replaced by the subparagraphs as follows:
"I. ― The operator may not assign the quotas it holds, within the limits of those that have been issued to it under an installation or its aerial activities and a specified year:
"in the event of the absence of a declaration on its part of the emissions of the facility or resulting from its aerial activities during that year before a date fixed by decree;
" — or where the inspection of classified facilities finds that the report on the emissions of the facility during this year does not meet the conditions set out in the Facilities Order under section L. 229-6. The decision, which must be motivated, then intervenes at the latest on the expiry of the period referred to in Article L. 229-14, III;
" — or where the competent authority finds that the emission declaration resulting from its aerial activities of the year, or the verification thereof, does not meet the conditions set out by the aircraft operators order under section L. 229-6. » ;
2° II is supplemented by a sub-item:
"In the event that an aircraft operator referred to in section L. 229-5 does not comply with the requirements of this II, it may be subject to an operating ban under the conditions set out in section 16 of Directive 2003/87/EC of 13 October 2003. »
The environmental code is amended to read:
I. ― At 1° of Article L. 161-1, the word "preparations" is replaced by the word "mixes".
II. ― In chapter I of Book V title II, the words: "preparing", "preparing" and "preparing" are replaced by the words: "mixing", "mixing" and "mixing".
III. ― In sections L. 521-1, L. 521-6, L. 521-17, L. 521-21 and L. 521-24, references: "No. 304/2003" are replaced by references: "No. 689/2008" and references: "No. 2037/2000" by references: "No. 1005/2009".
IV. ― 1° At the end of the II of Article L. 521-1 are added the following words: "and the provisions of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 relating to the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006. » ;
2° At the end of Article L. 521-1, the following words are added: "or Regulation (EC) No 1272/2008 in specific cases for certain substances or mixtures".
V. ― In II of Article L. 521-5, the words "or an article" are deleted.
VI. ― At 1° of Article L. 521-6, the references: " and (EC) No 1907/2006" are replaced by the references: ", (EC) No 1907/2006 and (EC) No 1272/2008".
VII. ― Section L. 521-12 is amended as follows:
1° In I, the words "environment" of 1° are deleted and after 10° are inserted the following paragraphs:
« 10° bis Sworn agents, designated for this purpose by the Minister of Defence or the Minister responsible for the environment;
« 10° ter Nuclear safety inspectors of the Nuclear Safety Authority referred to in Article 40 of Act No. 2006-686 of 13 June 2006 on transparency and security in nuclear matters; » ;
2° The last two paragraphs of II are replaced by the following:
" — Regulation (EC) No 1272/2008 of the European Parliament and Council of 16 December 2008 concerning the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006;
“– Regulation (EC) No 689/2008 of the European Parliament and the Council of 17 June 2008 concerning the export and import of dangerous chemicals;
" — Regulation (EC) No. 1005/2009 of the European Parliament and of the Council of 16 September 2009 on ozone-depleting substances. »
VIII. ― In article L. 521-17, the references: "(EC) No 1272/2008" are added after the references: "(EC) No 1907/2006".
IX. ― 1° To the 3° and 4° of Article L. 521-18, after the words: "in ignorance" are added the words: "from titles II, III and IV of Regulation (EC) No 1272/2008 and";
2° At the 5th of the article L. 521-18, is inserted a penultimate paragraph as follows:
"– the manufacturer, importer or downstream user to record in the hands of a public accountant an amount corresponding to the amount of the data preparation, tests and studies to be performed before a date it determines to classify a substance or mixture. »
X. ― Section L. 521-21 is amended to read:
1° At the end of I are added the following paragraphs:
« 10° For a manufacturer, importer or downstream user, put on the market a substance or mixture without prior classification, in accordance with the requirements set out in Article 4, paragraphs 1 and 3 of Regulation (EC) No 1272/2008;
« 11° For a supplier, put on the market a substance or mixture classified as hazardous without labelling and prepackaging, in accordance with the requirements of Article 4, paragraph 4, and Article 29, paragraph 3, of Regulation (EC) No 1272/2008. » ;
2° II is replaced by the following:
“II. ― is punished by three months in prison and 20,000 € in fine by:
« 1° Do not provide the recipient of a substance or mixture with a safety data sheet as well as its annexes, established and updated in accordance with the requirements set out in section 31 of Regulation (EC) No 1907/2006;
« 2° For the manufacturer or importer, not having communicated to the European Chemicals Agency the information provided for in Article 40 of Regulation (EC) No 1272/2008 under the conditions provided for in this section. » ;
3° IV and V are replaced by the following:
"IV. ― Where confiscation is pronounced, the court may order the destruction of substances or mixtures to be borne by the convicted person.
"V. ― The legal persons declared criminally liable, under the conditions provided for in article 121-2 of the Criminal Code, for the offences defined in this article shall, in addition to the fine in accordance with the terms provided for in article 131-38 of the Criminal Code, be liable for the penalties prescribed by the 2° to 6°, 8° and 9° of article 131-39 of the same Code. The prohibition referred to in 2° of section 131-39 of the same code concerns the activity in the exercise or in the exercise of which the offence was committed. » ;
4° VI is repealed.
XI. ― In article L. 521-24, the references: ", (EC) No 1272/2008" are added after the references: "(EC) No 1907/2006".
XII. ― Effective 1 January 2012, the provisions of paragraphs II and III of Article L. 213-10-8 are replaced by the following:
“II. ― The royalty plate is the mass of substances contained in the products mentioned in I and classified under Regulation (EC) No 1272/2008:
« 1° Either because of their acute toxicity of category 1, 2 or 3;
« 2° Either because of their specific toxicity to certain target organ(s) of category 1, following a single exposure or after repeated exposure;
« 3° Either because of their carcinogenicity or mutagenicity on germ cells, or their toxicity to reproduction;
« 4° Either because of their danger to the environment.
"III. - The rate of royalty, expressed in euros per kilogram, is fixed:
“(a) A €2 for substances entering the royalty plate due to the 4° of the II, except those of them belonging to the mineral chemical family, for which it is fixed at 0.9;
“(b) A €5.1 for substances entering the royalty plate due to the 1° to 3° of the II.
"For each of the products mentioned in I, the person who is licensed to market, responsible for placing on the market, makes available to water agencies and offices and distributors the information related to this product necessary to calculate the royalty. »
After the first paragraph of Article L. 221-4 of the Environmental Code, it is added a paragraph as follows:
"By derogation from the accreditation regime provided for in the preceding paragraph, any provider legally established and authorized to conduct polluting emission analyses and controls in another Member State of the European Union or in another State Party to the Agreement on the European Economic Area may exercise in France this activity on a temporary and occasional basis, when the authorization in which it benefits in that State presents guarantees equivalent to those required by the national regulation and subject to the reservation, The terms and conditions of application of this paragraph shall be determined by order of the Minister responsible for the environment. »
Chapter IX of title II of Book II of the Environmental Code is added to chapter 6, which reads as follows:
“Section 6
« Geological storage of carbon dioxide
and access to third parties
"Art.L. 229-32.-The use of carbon dioxide geological storage sites to contribute to the fight against global warming and third-party access to these sites and the transport network that serve them are governed by the provisions of this section. This does not apply to the underground storage of carbon dioxide at industrial destination governed by theArticle 3-1 of the mining code.
"This section applies to the national territory, the continental shelf and in the exclusive economic zone under French jurisdiction, without prejudice to the specific provisions applicable to overseas departments and regions, in Mayotte, Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon and New Caledonia and to the stipulations of the international conventions in force, in particular those relating to the disposal of the sea.
"Art.L. 229-33.-In the sense of this section, carbon dioxide is defined as a fluid composed essentially of carbon dioxide. This fluid must not contain any waste or other added material for its disposal. However, it may contain substances that have been associated from the source or during capture or injection operations. Trace substances can also be added to help control and verify the migration of carbon dioxide.
"The concentrations of all substances associated or added are below the levels that would be likely to jeopardize the integrity of the appropriate storage site or transport infrastructure, pose a significant risk to the environment or human health or break the provisions of applicable community legislation.
"An order of Ministers responsible for mines, classified facilities and fixed health, if any, the main physical characteristics of the fluid and the maximum permissible concentrations for substances associated with or added to the fluid that are likely to present such a risk or break such provisions.
"Art.L. 229-34. -A carbon dioxide geological storage site consists of a defined volume within a geological formation, which means a lithostratigraphic division within which separate layers of rock can be traced, as well as surface, injection and monitoring facilities associated with it.
"Art.L. 229-35.-The operation of any geological carbon dioxide storage site shall prevent hazards or disadvantages to the interests referred to in Article L. 511-1 and respect the interests referred to in Article L. 511-1Article 79 of the mining code.
"The storage of carbon dioxide in the water column between the free surface of the water and the bottom sediments is not permitted.
"Art.L. 229-36.-For the application of the articles of Mining code In this section, the geological carbon dioxide storage sites are assimilated to mining or mining deposits, the geologic carbon dioxide storage concessions to mine concessions, the construction, testing, development and operation of the geological carbon dioxide storage sites to mine operations and the perimeter established by the geological carbon dioxide storage concession to a mine-deposit area.
"Subsection 1
"Authorization to operate
"Art.L. 229-37.-The operation of geological storage sites of carbon dioxide, including those of a total storage capacity less than 100 kilotonnes undertaken for the purpose of research and development or experimentation of new products and processes, is subject to the obtaining of an authorization issued pursuant to Article L. 512-1 and the specific provisions provided for in this section.
« Les provisions of Article 26 of the mining code are applicable to the proprietor of the proprietor of the proprietary ground-level research permit for the geological storage of carbon dioxide referred to in section L. 229-30 requesting authorization to operate, provided that the exploration is completed within the scope of a concession application and that all conditions provided for in this exclusive search permit have been met.
"A request for authorization can only be considered if the applicant justifies being a holder of a geologic carbon dioxide storage concession covering the geological scope and formation of the storage site subject to that request or having filed its application for concession.
"A geological training may only be authorized if it has also been justified by the applicant that:
"in the intended conditions of use of this training, there is no significant risk of leakage or significant risk to the environment or human health;
"when the geological training covered by the authorization includes groundwater tablecloths, nature has made them permanently unfit for other uses.
"The authorization to operate may only be issued to a single natural or legal person per site and provided that the person justifies possessing the technical and financial capacities required by such an operation in accordance with the interests referred to in section L. 229-35 and the obligations imposed by this subsection.
"Art.L. 229-38.-The duration of the authorization granted under Article L. 229-37 shall be determined under the conditions laid down in Article L. 512-4.
"Without prejudice to the additional measures established pursuant to articles L. 512-3 to L. 512-5, this authorization shall:
“(a) The requirements for the composition of the carbon dioxide flux and the procedure for accepting this flow that includes an analysis of their composition, including that of corrosive substances, and a risk assessment to verify that the concentration levels of all associated or added substances are lower than those referred to in the second paragraph of section L. 229-33, as well as the conditions and requirements to be met for leakage and storage operations to prevent any health risk
“(b) Obligations on the operator regarding the keeping of the inventory of quantities, properties and composition of injected flows;
"(c) The extent of the information obligations that affect the operator in the event of irregularity in injection or storage operations that may create a risk of leakage or a risk to the environment or human health as well as in the event of leakage;
"(d) The periodicity, at the most annual, that the operator communicates information relating to the operation of the site;
“e) Information on changes occurring in the operation of the site and, in general, any useful information to assess compliance with the conditions set out in the authorization;
“(f) The nature and extent of the financial guarantees that the operator must effectively establish in accordance with the provisions of sections L. 516-1 and L. 516-2 before the initiation of the injection and maintain throughout the operating period, including after the closure of the site referred to in section L. 229-46 and until the transfer of liability provided for in section L. 229-47.
"The authorization also approves:
« 1° The monitoring plan, the corrective action plan to be implemented in the event of significant irregularity in the injection or storage operations, as well as in the event of leakage and the provisional post-fertilization plan. The latter, based on best practices, covers the period following the closure of the site as defined in Article L. 229-46, including the period following the transfer of liability referred to in Article L. 229-47;
« 2° The terms and conditions of their regular update and at least every five years.
"Art.L. 229-39.-The financial guarantees provided for in the f of Article L. 229-38 cover, in addition to the operations mentioned in Article L. 516-1, the return, in the event of leakage, of quotas for greenhouse gas emissions in accordance with the provisions of section 2 of this chapter.
"Art.L. 229-40.-A site monitoring commission is created for any geological storage site of carbon dioxide pursuant to Article L. 125-2-1.
"The costs incurred by the operation of this commission shall be borne by the licensee.
"Art.L. 229-41.-The report prepared following an inspection of a storage site and its secondary containment formations is forwarded to the operator and the follow-up commission established under section L. 229-40. It is also accessible to the public under the conditions set out in articles L. 124-1 and below.
"Art.L. 229-42.-The authorization granted under section L. 229-38 is subject to a review after not more than five years and every ten years at the latest.
"On the basis of the information brought to his knowledge pursuant to c, d and e of Article L. 229-38 or the information available to him under the supervision and inspection of the site and its facilities, the representative of the State in the department reexamines, updates, amends or completes the authorization in accordance with Article L. 512-3 or suspends it after having followed the procedure provided for in Article L. 514-1. As a last resort, the authorization is withdrawn in the forms provided for in Article L. 514-7 where the conditions fixed by the authorization are not complied with or in the hypothesis provided for in Article L. 514-7.
"Art.L. 229-43.-If the authorisation is withdrawn, the State shall close the site or issue a new authorization. He shall assume, until the transfer of liability referred to in Article L. 229-47, or until such new authorization is granted, the obligations referred to in Article L. 229-47, (b) and (c).
"The operator shall transmit to the State free of charge the equipment, studies, the register of quantities and properties of the supplied and injected carbon dioxide fluxes and all the data necessary for the fulfilment of these obligations. The State may also resort to provisions of articles 71 and 72 of the mining code to ensure this execution.
"The State shall recover from the operator the costs incurred by the fulfilment of these obligations, including by resorting to the financial guarantees referred to in Article L. 229-39.
"Subsection 2
“Justification by the applicant of his situation
under mining legislation
"Art.L. 229-44. -The concession is granted under the conditions provided for in articles 25 and 29 (I and II) of the Mining codeArticle L. 229-45 and the second paragraph of Article L. 229-37.
"Art.L. 229-45.-The concession can only be attributed to a single natural or legal person per site.
Articles 23, 24, 36, 37 and 43 and titles VI bis, VI ter, VIII and X Book I of the mining code are applicable to the concession.
"Subsection 3
"Fitting the final stop
and transfer of responsibility to the State
"Art.L. 229-46.-The final shutdown of a storage site at the operator's request is, in particular, the final cessation of injection operations. After making this arrest in accordance with section L. 512-6-1, the operator remains responsible for the site and, as such, in particular the obligations referred to in section L. 229-47, s. 229-47.
"Art.L. 229-47.-I. ― A transfer of responsibility to the State shall take place at the initiative or at the request of the operator if the following conditions are met:
“(a) The site was terminated in accordance with Article L. 229-46 and sealed and its injection facilities were disassembled;
“(b) The operator has implemented the measures prescribed by the updated and definitive post-fertilization plan under the conditions set out in sections L. 512-3, L. 512-5 and L. 512-6-1;
"(c) The operator gathered in a report all available elements to prove that the stored carbon dioxide will remain perfectly confined permanently and safely;
"(d) The operator has paid to the State a relief that takes into account the elements related to the storage site history and that covers at least the forecast cost of monitoring for a period of thirty years and, where applicable, the measures necessary to ensure that the carbon dioxide will remain perfectly and permanently confined to the storage site after the transfer of responsibility;
“e) The operator has previously transmitted or irrevocably committed to providing the equipment, studies, the register of quantities and properties of the carbon dioxide flow delivered and injected and all the data necessary for the fulfilment of the obligations referred to in II.
"The proposed transfer approval decision is made available to the public. It is accompanied by the report of the operator demonstrating that the conditions necessary for the transfer of liability are met, the non-binding opinion eventually rendered by the European Commission, and a report of the ministers, if any, stating the additional requirements or conditions put by them to the transfer.
“II. ― The transfer of responsibilities referred to in I is limited to the following obligations:
“(a) Monitoring, prevention and repair of the risks of leakage or leakage of carbon dioxide;
“(b) Implementation of the corrective measures provided for in the final post-fertilization plan or that would be necessary to maintain the safety of storage in relation to human health and the environment and to stop possible leaks of carbon dioxide;
"(c) Restitution, in the event of leakage, of greenhouse gas emission quotas in accordance with the provisions of section 2 of this chapter.
"It brings an end to the validity of the geologic carbon dioxide storage concession.
"After intervention of the transfer decision, the State may resort to provisions of articles 71 and 72 of the mining code to ensure compliance with a and b obligations.
"III. ― A minimum period of thirty-year supervision shall in principle be between the final decision referred to in section L. 229-46 and the decision to approve the transfer of liability referred to above. If the condition fixed to c of I is met and a minimum period of ten years has elapsed since the final stop of the site, this period may be reduced by Ministers responsible for mines and classified facilities.
"If the elements brought by the operator pursuant to c of I are not deemed sufficient, the Ministers responsible for mines and classified facilities shall, after giving reasons to the operator, establish a new minimum period of monitoring during which the transfer of responsibility cannot be decided. The duration of this new minimum monitoring period, which can be extended under the same conditions, cannot exceed ten years.
"IV. ― In the event of withdrawal of the authorization at the initiative of the State, the transfer of responsibility is considered by the State as effective as long as the available elements tend to prove that the carbon dioxide will remain perfectly securely confined and that the sealing of the site and the dismantling of its injection facilities has been carried out.
"The obligation to maintain financial guarantees ends on the date the transfer is considered effective if the licensee has satisfied the conditions set out in d and e of I.
"V. ― Whether the storage site is closed at the request of the operator or by a decision to withdraw the authorization made by the State, in the event of a failure of the operator, in particular in the event of incomplete transmission of the data, concealment of relevant information, negligence, deliberate deception or lack of diligence, the State recovers the costs incurred after the transfer of responsibility to the operator.
"Subsection 4
“ Third-party access to transport networks
and storage sites
"Art.L. 229-48.-The access of potential users to carbon dioxide storage sites and transport networks intended to transport carbon dioxide to these sites is governed by the provisions of Articles L. 229-49 to L. 229-51.
"Art.L. 229-49.-I. ― Operators of transport networks and geological carbon dioxide storage sites offer users access to their infrastructure in a transparent and non-discriminatory manner, as a result of which they make public annually the general trade conditions and technical requirements that govern this access.
"A contract between the operator and the infrastructure user defines the technical and financial terms of access to infrastructure.
“II. - Contracts for the carriage or geological storage of carbon dioxide from facilities not subject to the provisions of section L. 229-5 are submitted to the Minister responsible for the environment. The latter may object to their entry into force on the basis of its emission reduction obligations under international legal instruments and EU legislation, which the State has planned to carry out with the capture and geological storage of carbon dioxide. The authorization is deemed to be acquired without a response from the administration within two months. If the authorization is granted, then the provisions of I shall apply.
"Art.L. 229-50.- Transparent and non-discriminatory access to transport networks and carbon dioxide storage sites can only be denied to their potential users for a legitimate reason to:
« 1° A lack of available or reasonably available storage capacity and a lack of available or reasonably available transportation capacity;
« 2° Incompatibility with technical specifications cannot be resolved reasonably;
« 3° The need to meet the reasonable and duly justified needs of the owner or operator of the storage site or transport network and the interests of all other users of the site or network or processing or handling facilities that may be affected.
"Any denial of access to infrastructure is duly substantiated and justified with the applicant.
"Art.L. 229-51. - Disputes between potential users and operators relating to access to transport networks and storage sites, the conclusion, interpretation or execution of contracts provided for in Article L. 229-49, as well as necessary and economically feasible adjustments by the operator to allow such access are brought, at the initiative of the most diligent party, to the dispute resolution committee and the sanctions of the
"The committee resolves these disputes under the conditions set out inArticle 38 of Act No. 2000-108 of 10 February 2000 relating to the modernization and development of the public service of electricity, taking into account the criteria listed in section L. 229-50 and the number of parties likely to intervene in the negotiation of such access.
"When the dispute concerns the necessary and economically feasible adjustments that the operator should make to allow access to transport networks or to a storage site, the operator may still make any necessary adjustments to the extent that it is economically feasible or that a potential customer is willing to assume the cost of the transport and geological storage site, and provided that it does not result in a negative impact on the safety of the transport and geologic storage of the dioxide.
"The appeals against the decisions taken by the committee are within the jurisdiction of the Paris Court of Appeal.
"The committee also punishes the breaches of sections L. 229-49 and L. 229-50 that it finds under the conditions set out in section 40 of the Act.
"Subsection 5
“Common provisions
"Art.L. 229-52.-The State maintains a register of the granted storage permits and a permanent register of all closed sites and secondary containment formations, including maps and sections showing their extent and information available thereon. These records are considered in the relevant planning procedures and in the event of the issuance of authorizations that may affect the geological storage of carbon dioxide.
"Art.L. 229-53.-Operators of carbon dioxide transport and storage infrastructure inform, at a maximum interval of three years, the state of their projects for the development of transport and storage infrastructure.
"Art.L. 229-54.-Ordinances in the Council of State determine the terms and conditions for the application of subsections 1 to 5.
"They are subject to public consultation under the conditions set out in sections L. 120-1 and L. 120-2. »
The environmental code is modified as follows:
1° The words are inserted after the words: "respect for public safety and safety" in the first paragraph of Article L. 515-12: "or in the vicinity of a geological storage site of carbon dioxide. » ;
2° In between words:
(a) "capable to the geological storage of carbon dioxide issued or extended," and the words: "in the conditions provided for in articles 9 and 10 of the mining code"in the first paragraph of Article L. 229-30 the words "to a single natural or legal person";
b) "as well as the conditions of redevelopment" and the words: "from the site at the end of the operation. in the first paragraph of Article L. 512-4 the words: ", monitoring and monitoring";
3° The words are replaced in section L. 229-31: "theArticle 1 of Act No. 65-498 of 29 June 1965 Amended for the carriage of chemicals by pipelines" by the words: "Article L. 555-25 to the Effective Date ofArticle 11 of Order No. 2010-418 of 27 April 2010 harmonizing the provisions relating to the safety and public utility of the pipelines for the transport of gases, hydrocarbons and chemicals";
4° Article L. 229-7 is amended as follows:
(a) After the third preambular paragraph, a fourth preambular paragraph is inserted:
"No quota is allocated free of charge to capture facilities, pipelines for transportation or carbon dioxide storage sites. » ;
(b) The fifth preambular paragraph is supplemented by a sentence as follows: "On the other hand, there is no obligation to return the carbon dioxide emission quotas that have been verified as being captured and transported for permanent storage to a carbon dioxide geological storage site operated in accordance with the provisions of chapter IX, section 6, title II, of Book II. » ;
5° Is added after the article L. 541-4 an article as follows:
"Art. L. 541-4-1. - It is not subject to the provisions of this chapter the carbon dioxide captured and transported for its geological storage and effectively stored in geological formation in accordance with the provisions of chapter IX, section 6, title II, of Book II. »
The mining code is modified as follows:
1° In article 3-2, a paragraph is inserted as follows:
"Subject to the provisions of chapter IX, section 6, title II, of Book II of the Environmental Code, the creation, testing, development and operation of underground formations with the qualities required for the safe and permanent geological storage of carbon dioxide, including the capture processes. » ;
2° In the second paragraph of Article 104-1, after the words: "If the underground formations are already covered by mining titles" are inserted the words: "or a geologic storage concession of carbon dioxide", and after the words: "the research is undertaken with the consent of the holders of these mining titles" are inserted the words: "or holder of a geologic storage concession of carbon dioxide. »
Act No. 2000-108 of 10 February 2000 on the Modernization and Development of the Public Electricity Service is thus amended:
1° In the first paragraph of Article 33 after the words:
(a) "to the ministers responsible for the economy" the words: "from the environment";
(b) "to managers of public electricity transport and distribution networks, operators of natural gas transport or distribution works and operators of liquefied natural gas installations," the words: "operators of carbon dioxide transport and geological storage networks";
(c) "as well as other companies involved in the electricity or natural gas market" the words "or capture, transport and geological storage of carbon dioxide. » ;
2° After the words:
(a) "a natural gas transport or storage activity or a liquefied natural gas treatment activity" in the second paragraph of Article 33-II, the words "or a carbon dioxide capture, transport and geological storage activity. » ;
(b) "or to the Energy Regulatory Commission" in the second paragraph of section 33-III, the words "and to the Minister of the Environment as long as these breaches or sanctions relate to the transportation or geological storage of carbon dioxide. » ;
(c) "or between operators and users of liquefied natural gas installations" in the second paragraph of Article 38, the words "or between operators and users of carbon dioxide transport and geological storage facilities";
(d) "2003-8 of 3 January 2003 referred to above," in the same paragraph, the words: "or, with regard to the transport and geological storage of carbon dioxide, contracts referred to in Article L. 229-49 of the Environmental Code",
(e) "The Energy Control Board may, either on its own or at the request of the Minister responsible for energy," in the first paragraph of section 40, the words "of the environment,"
(f) "or operators of natural gas storage facilities or liquefied natural gas installations" in the same paragraph, the words "or operators of carbon dioxide transport and geological storage networks";
(g) "from another company engaged in an activity in the electricity or natural gas sector" in the first paragraph of Article 40 (3°) the words "or the transport and geological storage of carbon dioxide".
Storage sites authorized or operated on or before the issuance of this Order, including under titles governed by mining legislation, on or before June 25, 2009, will be required to meet the requirements of section 6 of chapter IX of title II of Book II of the Environmental Code by June 25, 2012.
However, sites with a total storage capacity of less than 100 kilotonnes, undertaken for research and development or experimentation of new products and processes, opened before June 25, 2009, and used before June 25, 2010, are not subject to this obligation.
The environmental code is modified as follows:
1° The title of section 3 of chapter IX, title II of Book II is as follows: “Section 3. - Units defined by the Kyoto Protocol to the United Nations Framework Convention on Climate Change of 9 May 1992 in Kyoto on 11 December 1997;
2° Section 3 of Chapter IX, title II, section II, of Book II, creates a sub-section 1 entitled "Implementation of project activities under the Kyoto Protocol" including Articles L. 229-20 to L. 229-23;
3° Section 3 of chapter IX of title II of Book II creates a sub-section 2 as follows:
"Subsection 2
“Other units defined by the Kyoto Protocol
"Art.L. 229-24.-I. ― The assigned quantity units and absorption units, defined in Article 2 of Regulation (EC) No 2216 / 2004 of 21 December 2004 concerning a standardized and secure registry system in accordance with Directive 2003 / 87 / EC of the European Parliament and of the Council and Decision No. 280 / 2004 / EC of the European Parliament and of the Council, are movable property exclusively materialized by a registration of their holder in the national register referred to in Article L. 229-16. They are negotiable, transmitted by bank transfer and confer identical rights to their holders.
“II. ― Units of assigned amount and units of absorption may be acquired, held and disposed of by any State referred to in Annex B of the Kyoto Protocol on 11 December 1997 and have ratified it, provided that it meets the eligibility criteria for the assignments and acquisitions of units defined by the Kyoto Protocol and by the decisions taken by the parties for its implementation, as well as by the parties, » ;
4° Section 3 of Chapter IX of Title II of Book II creates a sub-section 3 as follows:
"Subsection 3
“Common provisions
"Art.L. 229-24-1.-A decree in the Council of State sets out the modalities for the implementation of this section. »
The environmental code is modified as follows:
I. ― Article L. 218-10 is as follows:
"Art.L. 218-10.-For the purposes of this subsection:
“—the MARPOL Convention” refers to the International Convention for the Prevention of Pollution by Ships, made in London on 2 November 1973, as amended by the Protocol of 17 February 1978 and its subsequent amendments regularly approved or ratified;
"– the term "ship" means a sea vessel operated in a marine environment of any type, including hydropters, aerogliders, submersible equipment, floating equipment. Are assimilated to vessels fixed or floating platforms and vessels or floating vessels when they are downstream of the transverse boundary of the sea;
"– the term "Captain" means the master or the officer on board a ship. The master shall be considered to be the person responsible for the operation on a fixed or floating platform or the person on board a vessel or floating vessel;
"—the definition of releases is that in Article 3 of MARPOL Convention. »
II. ― 1° The words "or responsible on board a ship" are deleted in articles L. 218-11, L. 218-14, L. 218-15, L. 218-16 and L. 218-17;
2° The words: "or responsible on board" are deleted in articles L. 218-12, L. 218-13 and L. 218-18;
3° The words: "or platform" are deleted from article L. 218-18;
4° In Article L. 218-19, the words "or responsible on board a ship or on a platform" are deleted from paragraph I, first paragraph; the words: "or responsible for the conduct or operation on board ships or platforms" are deleted from paragraph I, second paragraph;
5° The words: "or the person on board" are deleted in section L. 218-23.
III. ― Article L. 218-15 is as follows:
"Art.L. 218-15.-Eastern shall be punished by one year's imprisonment and 200,000 € by fine, for any captain of a vessel to be guilty of offences under Rule 8 of Schedule IV, Rules 3, 4 and 5 of Schedule V and Rules 12, 13, 14, 16 and 18 of Appendix VI to MARPOL. »
IV. ― Article L. 218-20 is as follows:
"Art.L. 218-20.-A discharge by a vessel for safety, rescue or pollution control is not punishable if it meets the conditions set out in Rules 4. 1 or 4. 3 of Schedule I, Rules 3. 1 or 3. 3 of Appendix II, Rule 7. 1 of Schedule III, Rule 9. a of Schedule IV, rules 6. a and 6. c of Schedule V or Rule 3. 1. 1 of Annex VI to the MARPOL Convention.
"A discharge that occurs beyond the French territorial waters and from a damage to the vessel or its equipment is not considered to be an offence on the part of the owner, master or crew acting under the authority of the master if it meets the conditions set out in Rule 4. 2 of Appendix I, Rule 3. 2 of Appendix II, Rule 9. b of Schedule IV, Rule 6. b of Schedule V or Rule 3. 1. 2 of Annex VI to the MARPOL Convention. »
V. ― Article L. 218-26 is as follows:
"Art.L. 218-26.- Regardless of officers and judicial police officers, who exercise their powers in accordance with Code of Criminal Procedure, are empowered to note the offences under rules 15, 17, 34 and 36 of Schedule I, rules 13 and 15 of Schedule II, Rule 7 of Schedule III, Rule 8 of Schedule IV, Rules 3, 4 and 5 of Schedule V, Rules 12, 13, 14, 16 and 18 of Schedule VI and Protocol I of the International Convention for the Prevention of Pollution by
« 1° The directors of ocean affairs;
« 2° Officers of the Technical and Administrative Corps of Maritime Affairs;
« 3° Inspectors of Maritime Affairs;
« 4° Maritime affairs controllers;
« 5° Unions of seafarers;
« 6° Sworn and commissioned officials and agents of maritime services, maritime autonomous ports and major maritime ports;
« 7° Mining engineers, industry and mining engineers, bridge engineers, water and forest engineers and state-owned engineering engineers assigned to the deconcentrated services of the ministry responsible for the environment;
« 8° Port officers, assistant port officers and port supervisors with the quality of official;
« 9° Sworn researchers, engineers and technicians of the French Research Institute for the Exploitation of the Sea;
« 10° Customs agents;
« 11° Commanders, second commanders or commissioners of the navy on board of the national marine vessels and the captains of the national marine and defence aircraft in charge of sea surveillance. »
The Prime Minister and the Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, are responsible, each with regard to the application of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, October 21, 2010.
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
