Texts transposed Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending directive 2004/35/EC - Declaration of the European Parliament, the Council and the Commission Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain directives implementing legislation Decree No. 2011-1934 of December 22, 2011 on mixtures of hazardous waste summary implementation of the Constitution, particularly article 38; Act No. 2010 - 788, July 12, 2010 on the national commitment to the environment, particular article 256.
Modification of the environment code, customs code, of the general code of territorial communities. Complete transposition of directive 2006/21/EC of the European Parliament and of the Council concerning the management of waste from extractive industries and amending directive 2004/35/EC - Declaration of the European Parliament, the Council and the Commission; of directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain directives.
Keywords sustainability, the environment CODE, CODE of customs, GENERAL CODE of local authorities, CGCT, section 38, ADAPTATION to the right of the European UNION, field of waste, PREVENTION, management, waste, collection, treatment, recovery, SITE POLLUTE, soil pollution, soil POLLUTION, risk of POLLUTION, control, ADMINISTRATIVE penalty, finding, offence, OBLIGATION, responsibility, holder of waste, hazardous waste, waste producer, NATIONAL PREVENTION PLAN
, European DIRECTIVE, TRANSPOSITION COMPLETE legislative Dossiers legislative order No. 2010 record - 1579 December 17, 2010 JORF n ° 0293 December 18, 2010 page 22301 text no. 10 order No. 2010 - 1579 December 17, 2010 concerning various provisions of adaptation to the EU law in the field of waste NOR: DEVX1028667R ELI: https://www.legifrance.gouv.fr/eli/ordonnance/2010/12/17/DEVX1028667R/jo/texte Alias : https://www.legifrance.gouv.fr/eli/ordonnance/2010/12/17/2010-1579/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister of ecology, sustainable development, transport and housing, pursuant to the Constitution, particularly article 38;
Having regard to Regulation (EC) no 1102/2008 of the European Parliament and of the Council of 22 October 2008 on the banning of exports of metallic mercury and certain compounds and mixtures of mercury and the storage of this substance safely;
Having regard to directive 1999/31/EC of the Council of 26 April 1999 on the landfill of waste;
Having regard to Council directive 2006/117/Euratom of the Council of 20 November 2006 on the supervision and control of shipments of radioactive waste and nuclear fuel used;
Having regard to Council directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain directives;
Having regard to the penal code;
Having regard to the code of customs, particularly article 38;
Having regard to the general code of territorial communities;
Having regard to the code of the environment;
Pursuant to law n ° 2010 - 788, July 12, 2010 on the national commitment to the environment, particular article 256 thereof;
Having regard to the opinion of the Committee of local finance (consultative commission of evaluation standards) dated December 2, 2010;
The State Council heard;
The Council of Ministers heard, orders: Article 1 more on this article...

The legislative provisions of the environmental code are amended in accordance with the provisions of articles 2 and 22 of the present order.


Article 2 more on this article...

The title of chapter I of title IV of book V as well as its section 1 and articles L. 541 - 1 to L. 541 - 3 are replaced by the following provisions: "chapter I:" Prevention and waste management "Section 1" General provisions "Art.L.»»»»»» 541-1.-the provisions of this chapter and article L. 125 - 1 are intended: 1 ° as a priority, to prevent and reduce the production and harmfulness of waste, including acting on the design, manufacture and distribution of substances and products and by promoting the re-use, as well as reduce the overall impacts of the use of resources and improve the efficiency of their use;
«2 ° to implement a hierarchy of modes of treatment of waste to give priority, in the order: ' a) preparation for reuse;
«b) recycling;
"(c) any other recovery, including energy recovery;
"d) disposal;
«3 ° ensuring the management of waste is done without endangering human health and without harming the environment, particular without risk to water, air, soil, fauna and flora, without causing nuisance noise or smell and without prejudice to the landscapes and sites of particular interest;
«4 ° to arrange the transport of waste and be limited in distance and volume;
"(5) to provide information to the public on the effects to the environment and public health of the operations of production and management of waste, subject to the confidentiality rules laid down by law, as well as measures intended to prevent or compensate for the adverse effects.
«Art.L 541-1-1.-for the purposes of this chapter, means: "waste: any substance or object, or more generally any furniture, which the holder discards or the intends or is required to discard;
"Prevention: all measures taken before a substance, material or a product becomes a waste, when these measures contribute to the reduction of one or more of the following: ' — the amount of generated waste, including through the re-employment or the extension of the duration of use of substances, materials or products;
"― the harmful effects of waste products on the environment and human health;
"― the content of substances harmful to the environment and human health in the substances, materials or products;
"Re-employment: any operation by which substances, materials or products that are not waste are used again for the same purpose for which they were conceived;
"Waste management: collection, transport, recovery and disposal of waste and, more broadly, any activity involved the Organization of decision-making support waste from their production to their final salary, including trading or brokering activities and the supervision of all these operations;
"Waste producer: any person whose activity produces waste (original producer of waste) or anyone who carries out waste treatment operations resulting in a change in the nature or composition of this waste (subsequent waste producer);
' Holder of waste: waste producer or any other person who is in possession of the waste;
"Collection: any waste for transport to a waste treatment facility;
"Processing: any operation of recovery or disposal, including the preparation which precedes the recovery or disposal;
«Reuse: any operation by which substances, materials or products that have become waste are used again;
«Preparation for reuse: any operation for control, cleaning or repair for the recovery by which substances, materials or products that have become waste are prepared so as to be reused without another operation of pretreatment;
"Recycling: any recovery operation by which waste, including organic waste, are reprocessed into substances, materials or products for the original purpose or for other purposes.". Energy recovery of waste operations, those relating to the conversion of waste into fuel and filling operations may not be classified as recycling operations;
"Recovery: any operation the principal result of which is waste serve a useful purpose in substitution to other substances, materials or products that have been used for a particular purpose, or that wastes are prepared to be used for this purpose, including by the waste producer;
"Elimination: any operation which is not recovery even where the operation has as a secondary consequence the recovery of substances, materials or products or energy. ''
«Art.L. 541-2.-any producer or holder of waste is required to ensure or to manage, in accordance with the provisions of this chapter. ".
"Any producer or holder of waste is responsible for the management of such waste until their disposal or final recovery, even when the waste is transferred to processing to a third party. ''
"Any producer or holder of waste shall ensure that the person to whom it delivers them is authorized to take them over. ''
«Art.L. 541-2 - 1.-I. — producers of waste, in addition to measures of prevention of waste they take, and holders of waste in organize management respecting the hierarchy of modes of treatment to 2 ° of article L. 541 - 1.»

"The order of priority of the treatment may be changed for certain types of waste if this is provided for in a plan instituted in application of articles L. 541-11-1, L. 541 - 13, L. 541 - 14 or L. 541-14-1 covering the territory where the waste is produced. ''
"This order of precedence can also be changed if this is justified taking into account the effects on the environment and human health, and the technical and economic conditions. The person who produces or holds the waste is then available to the competent authority the necessary justifications.
"II. ― producers or holders of waste may eliminate or eliminate waste as ultimate waste storage facilities. ''
«Is final for the purposes of this article a waste that is more likely to be reused or valued in the technical and economic conditions of the time, such as extraction of recoverable share or reduction of its polluting or hazardous nature.»
"III. — the provisions of this article shall not apply to households.
«Art.L. 541 - 3.-I. ― when wastes are abandoned, deposited, or run contrary to the requirements of this chapter and the regulations for their implementation, the holder of the power of competent police authority shall notify the producer or holder of waste facts attributed to him as well as penalties he incurred, and, after the informed of the opportunity to submit its comments. written or oral, within a period of a month, where appropriate assisted by a Council or represented by an agent of his choice, can implement remains to carry out the operations necessary for compliance with this regulation within a specified period.
«At the end of this procedure, if the person concerned has not complied with this injunction within the time limit set by the formal notice, the titular authority of the competent police authority may, by a reasoned decision which indicates the ways and periods allowed for appeals: «1 ° compel him to log into the hands of a public accountant a sum corresponding to the amount of the prescribed measures» which is rendered as the implementation of these measures.
"This sum enjoys a privilege the same rank as that laid down in article 1920 of the general tax code. Its recovery for claims of the State foreign tax and the domain is taken. The accounting officer may engage the notice to third party holder procedure laid down by article L. 263, the book of tax procedures.
"Opposition to the enforceable State made pursuant to a measure of consignment ordered by the administrative authority before the administrative judge has no suspensive effect;
«2 ° to proceed ex officio, in place of the person remains and at its own expense, to the execution of the prescribed measures. The money paid pursuant to the 1 ° can be used to adjust the expenses so incurred;
"3 ° suspend the operation of installations and structures, the work and operations, or the exercise of activities which are at the origin of infringements until the complete imposed measures and take the precautionary measures necessary, at the expense of the person remains;
«4 ° order the payment of a daily penalty exceeding 1 €500 current as of a date determined by decision until it has fulfilled the measures prescribed by the last remains. The maximum amount of the penalty assessed must not exceed the maximum amount of the fine for the offence;
«5 ° order the payment of a fine at most equal to €150,000. The decision mentions the time limit for payment of the fine and its modalities.
"Execution of the ordained office work may be entrusted by the Minister of the environment to the environment and energy control agency or another competent public institution. The amounts recorded them are then transferred at their request.
"II. — in case of emergency, the titular authority of the competent police authority sets the measures necessary to prevent serious and imminent dangers to health, public safety or the environment.
"III. ― is deemed abandoned any act aimed, under the guise of an assignment whether free or not, to subtract its author to the requirements of this chapter and rules taken for its implementation.
"IV. ― when the operator of a waste treatment facility subject to a measure of logging in application of this article or article L. 514 - 1, he cannot get authorization to exploit other waste treatment facility before you have paid the recorded amount. ''
«V. ― If the producer or holder of the waste cannot be identified or is insolvent, the State may, with the possible financial assistance from local authorities, entrust waste management and reclamation of the site polluted by these wastes to the environment and energy control agency or another competent public institution.»


Article 3 read more on this article...

Article L. 541 - 4, the words: 'waste water, waste gases' are replaced by the words: 'wastewater insofar as they are routed without intermediate reloading of the generating installation to the treatment facility or the receiving environment', and the words: 'elimination' shall be replaced by the words: 'management '.


Article 4 more on this article...

I. ― article L. 541-4-1 is replaced by the following: 'Art.L. 541 4-1.-are not subject to the provisions of this chapter: "― not excavated, including non-excavated polluted soils and buildings related to soils of permanently;
"― sediments displaced in surface waters for the purposes of management of waters and waterways, flood prevention, mitigation of their effects or those droughts or land reclamation, if it is proved that these sediments are not dangerous;
"― gaseous effluents emitted into the atmosphere;
"― carbon dioxide captured and transported to its storage geological and effectively stored in geological in accordance with the provisions of section 6 of chapter IX of book II of title II;
"― straw and other natural material dangerous outcomes of agriculture or forestry and which are used in agricultural or forestry."
II. — after article L. 541-4-1, are inserted articles L. 541-4-2 and L. 541-4-3 thus worded: 'Art.L. 541 4-2.-a substance or an object from a production process whose primary purpose is not the production of that substance or this object cannot be regarded as a by-product and not as waste within the meaning of article L. 541-1-1 if all of the following conditions met: "― the subsequent use of the substance or object is certain;
"― the substance or object can be used directly without further processing other than current industrial practices;
"― the substance or object is produced as part of a production process;
"― the substance or object meets all requirements relating to products, environmental and health protection planned for later use;
"― the substance or object will have no overall impacts harmful to the environment or human health.
"Waste treatment operations do not constitute a process of production within the meaning of this article.
"Detailed rules for the application of the present article are fixed by Decree.
«Art.L 541-4-3.-a waste ceases to be a waste after treatment in a facility referred to in article L. 214 - 1 subject to authorisation or declaration in a facility referred to in article L. 511 - 1 subject to authorization, registration or declaration and have undergone a recovery, including recycling or preparation for reuse. If it meets criteria complying with all of the following conditions: "― the substance or object is commonly used for specific purposes;
"― a demand exists for such a substance or object or she meets a market;
"― the substance or object fulfils the technical requirements for the specific purposes and complies with legislation and standards applicable to products;
"― its use will have no overall harm to the environment or human health.
"These criteria are laid down by the competent administrative authority. They include appropriate levels limit pollutants and are fixed taking account of the harmful effects of substances or the object on the environment.
'Detailed rules for the application of this article shall be determined by Decree.'


Article 5 read more on this article...

I. ― to article L. 541 - 5, the words: "the collector," are added after the words: ' the holder', and the words: ' the Eliminator' are replaced by the words: "operator of a treatment facility, dealer, broker.
II. — in the first subparagraph of article L. 541 - 6, the words: ' elimination' shall be replaced by the words: 'management '.

III. ― to article L. 541 - 7, the words: "companies that produce, import, export, remove or carry, engage in operations of brokerage or trading of waste belonging to the categories defined by Decree as a cause, either in the State at their disposal, nuisances such as those mentioned in article L. 541 - 2» are replaced by the words : "Persons who produce, import, export, process, collect, transport, engage in brokerage or trading of waste operations.


Article 6 read more on this article...

After article L. 541 - 7, the following provisions shall be inserted: 'Art.L. 541 7-1.-any producer or, failing that, any holder of waste is required to characterize its waste.
"Any producer or holder of hazardous waste is obliged to package or packaged hazardous wastes and to affix a label on the packaging or containers.".
"The conditions and modalities of the characterization of waste and packaging, packaging and labelling of hazardous waste are specified by Decree.
"The provisions of this article shall not apply to households.
«Art.L 541-7-2.-the mixing of hazardous waste of different categories, mixing of wastes with non-hazardous waste and the mixing of hazardous waste with substances, materials or products that are not waste are prohibited. ''
'By way of derogation from the preceding subparagraph, operations of mixtures may be authorized if they are made in a facility referred to in article L. 511 - 1 subject to authorisation or registration, if the mixing operation is carried out according to best available techniques and, without endangering human health or harming the environment, would aggravate in adverse effects on the one and the other.
"When a mixture of hazardous waste was carried out in ignorance of the preceding paragraphs, a separation operation must be performed if the mixture a result endanger health human or harming the environment, insofar as it is technically and economically possible, in a facility referred to in article L. 511 - 1 subject to authorisation or registration. ''
"Detailed rules for the application of the present article are fixed by Decree.
"The provisions of this article shall not apply to households."


Article 7 read more on this article...

I. — in the first paragraph of article L. 541 - 8, the words: "transport, the operations of brokerage or trading of waste referred to in article L. 541 - 7» are replaced by the words: 'collection, transport, brokerage and trading of waste' and, in the second paragraph of this article, the words:"transport and the operations of brokerage or trading of waste subject to declaration or authorisation must respect"are replaced by the words : ' Collectors, transporters, dealers and brokers meet the objectives referred to in article L. 541 - 1.»
II. in the heading of section 2 of chapter I of title IV of book V, the word: 'Production' shall be replaced by the words: "design, production.
III. ― to article L. 541 - 9, the word: 'eliminated' is replaced by: "managed" and the words: ' elimination' shall be replaced by the words: 'management '.


Article 8 more on this article...

Article L. 541 - 10 is amended as follows: i. ― in the first paragraph, the character: 'I' is added before the words: 'Manufacturing' and the words: 'elimination' shall be replaced by the words: 'management '.
II. — in the second paragraph, the character: 'II' is added before the words: "in force", the words: ' as defined in article 8 of directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain directives» are deleted and the words: 'elimination' shall be replaced by the words: 'management '.
III. — the following provisions are added at the end of the third paragraph of the article: 'a producer, an importer or a distributor who has put in place an individual collection and approved waste treatment system or an approved eco-body, where it provides for the management of waste in application of this article II, is holder of waste within the meaning of this chapter.'
IV. — after the sentence: 'the missions and modalities of designation of this censor of State shall be determined by Decree.', are inserted the following provisions: "III. ― In the case of non-compliance by a producer, importer or distributor of the obligation imposed on him pursuant to the first subparagraph of this article II, the Minister of the environment advised the facts attributed to him and the penalty he faces. The person concerned is set able to make representations, written or oral, within a period of one month, where appropriate, assisted by a Council or represented by an agent of his choice.
"At the end of this procedure, the Minister of the environment may, by a reasoned decision which indicates the ways and periods allowed for appeals, pronounce administrative fine whose amount account of the seriousness of the deficiencies and advantages that are removed. This amount may not exceed, per unit of product manufactured, imported or distributed, or per tonne when it is the only unit that exists for the establishment of the financial contribution referred to in II, €1,500 for a person physics and 7 €500 for a corporation. The decision mentions time and modalities of payment of the fine.
"IV. — producers, importers or distributors which have established an approved individual system and eco-certified agencies, when they cater for the management of waste in accordance with the II, are subject to periodic checks to ensure that they comply with the terms of their notebook loads.
"These checks are performed at the expense and on behalf of producers, importers or distributors concerned or eco-organizations, by independent bodies empowered to carry out these controls.
«V. — breach of the specification by a producer, importer or distributor who has put in place an approved individual system, the Minister of the environment shall notify the person concerned of the facts alleged to him as well as penalties he incurred and, after the informed of the opportunity to make representations, written or oral, within a period of one month. where appropriate assisted by a Council or represented by an agent of his choice, can implement remains to comply with the specification within a specified period.
"At the end of this procedure, if the person has not complied to this injunction within the time limit set by the formal notice, the Minister of the environment may, by a reasoned decision which indicates the ways and periods allowed for appeals:"1 ° order the payment of a fine to up to €30,000. " The decision mentions the time limit for payment of the fine and its modalities;
'2 ° require the manufacturer, importer or distributor to log into the hands of a public accountant a sum corresponding to the amount of the measures necessary for compliance with the specifications before a date that it shall determine. The provisions of 1 ° of article L. 541 I - 3 are applicable;
«3 ° to proceed ex officio, in place of the person remains and at its own expense, to the execution of the prescribed measures. The recorded amounts under 2 ° can be used to adjust the expenses so incurred;
«4 ° suspend or withdraw approval in the individual system.
«VI. — in the event of non-compliance with the specifications by an approved eco-body, the Minister of the environment advise the facts attributed to him as well as penalties he incurred and after the informed of the opportunity to make representations, written or oral, within a period of one month, if necessary assisted by a Council or represented by an agent of his choice. can implement remains to comply with the specification within a specified period.
"At the end of this procedure, if the person has not complied to this injunction within the time limit set by the formal notice, the Minister of the environment may, by a reasoned decision which indicates the ways and periods allowed for appeals:"1 ° order the payment of a fine to up to €30,000. " The decision mentions the time limit for payment of the fine and its modalities;
«2 ° suspend or withdraw its approval to the eco-body.»
V. — character: 'VII' is added at the beginning of the paragraph beginning with the words: 'It may be done obligation' and in this paragraph, the words: 'elimination' shall be replaced by the words: 'management '.
VI. — the character: 'VIII' is added at the beginning of the paragraph beginning with the words: "he may be prescribed to holders.
VII. — in the last paragraph, the character: 'II' is replaced by: 'IX '.
VIII. — after the last paragraph of the article, inserted the following provisions: "x. ― a decree in Council of State sets detailed rules for the application of this article. It specifies in particular the conditions for the entitlement of the bodies responsible for the checks provided for in the IV, the procedures for the exercise of these controls as well as the categories of clauses whose failure can trigger the procedures in V and VI. ' Article 9 more on this article...

I. ― in the fourth paragraph of article L. 541-10-2, the words: 'elimination' shall be replaced by the words: 'the treatment '.
II. — the article L. 541-10-3, the words: 'elimination' shall be replaced by the words: 'management '.

III. — the article L. 541-10-6, the words: «sorting, reclamation and disposal» shall be replaced by the words: "and the treatment of waste.


Article 10 more on this article...

I. — the title of section 3 of chapter I of title IV of book V is replaced by the heading: 'Prevention and waste management' and the title of subsection 1 of that section 3 by the title: "prevention and waste management Plans.
II. ― article L. 541 - 11 becomes article L. 541-11-1 and it is inserted before this article, in subsection 1 of section 3 of chapter I of title IV of book V, a new article L. 541 - 11 worded as follows: 'Art.L. 541 - 11.-I. — a national plan for the prevention of waste shall be established by the Minister of the environment.
«II. ― to achieve the objectives referred to in article L. 541 - 1, the plan includes: "1 ° national objectives and the guidelines for waste prevention policies;
«2 ° inventory updates prevention measures implemented;
«3 ° appraisal of the impact of these measures on the design, production and distribution of generators of waste, as well as on the consumption and use of these products;
«4 ° statement of measures of prevention that should be pursued and new to measures implemented;
«5 ° determination of the reference situations, indicators related to preventive measures waste and the method of valuation used.
"III. — the national waste prevention plan shall be established by the Minister in charge of the environment in consultation with Ministers and interested government agencies, representatives of the relevant professional organisations, territorial communities responsible for the management of waste, national associations of environmental protection approved in respect of the provisions of article L. 141 - 1, representative trade unions and associations of the consumer approved on the basis of article L. 411-1 of code from. consumption.
"IV. — the draft plan is made available to the public for two months. It is where appropriate amended to take account of the observations made, approved by the Minister in charge of the environment and published. ' Article 11 more on this article...

I. ― A article L. 541-11-1, the words: "national eradication plans" are replaced by the words: 'national plans for prevention and management', words: "processing and storage" are replaced by the words: 'management' words: 'contributing to the production and disposal of the waste' shall be replaced by the word: 'concerned' and the words: «disposal facilities» are replaced by the words : "treatment facilities.
II. ― to article L. 541 - 12, in the first paragraph, the words: "and the Department" are added after the words: 'The region', the words: ' elimination' shall be replaced by the words: "management" and, in the second paragraph, the words: 'of ultimate waste disposal"and the words: «ultimate waste storage» are replaced by the words:" waste management"and" waste treatment ".


Article 12 read more on this article...

Article L. 541 - 13 is amended as follows: 1 ° to I, the words: ' special industrial waste disposal» shall be replaced by the words: "prevention and management of hazardous wastes";
2 ° to the II, the words: ' in articles L. 541 - 1 and L. 541 - 24» are replaced by the words: ' in article L. 541 - 1», the word: 'ten' is replaced by the words: 'six and twelve', the word: 'eliminate' is replaced by the word: «traiter» and the words: ' elimination' shall be replaced by the words: 'collective and internal processing ";
3 ° to the II, the following subparagraph is added: '5 ° measures to ensure waste management in exceptional situations, including those that may affect the collection and treatment of waste, without prejudice to the provisions relating to the civil security. ";
4 ° after II, the following paragraph is added: 'III. ― The plan may allow for certain types of specific hazardous waste producers and holders of waste to derogate from the hierarchy of modes of waste defined in article L. 541 - 1, in justifying taking into account the effects on the environment and human health, and the technical and economic conditions. » ;
5 ° to the IV, are added the words: "and the proposals of inter-communal cooperation in order to take into account the industrial basins.";
6 ° to the VI, the words: "the draft plan is subject to notice to a Committee" shall be replaced by the words: 'plan is established in consultation with an advisory commission for developing and monitoring', the words: 'contributing to the production and disposal of the waste' shall be replaced by the word: 'concerned' and the words: 'It is also submitted to notice to the neighbouring regional councils.' are replaced by the words : "The draft plan is subject to notice on the Advisory Committee of development and monitoring, the representative of the State in the region and neighbouring councils. It is optionally modified to take account of these opinions that are deemed favourable if they have not been formulated within a period of three months from the receipt of the draft. ' Article 13 more on this article...

Article L. 541 - 14 is amended as follows: 1 ° to I, the words: ' elimination of household waste and other wastes referred to in article L. 2224-14 of the general code of territorial communities' shall be replaced by the words: "prevention and management of non-hazardous waste";
2 ° to the II, the words: ' in articles L. 541 - 1 and L. 541 - 24» are replaced by the words: "in article L. 541 - 1", words: "to eliminate, including through valorisation" are replaced by the words: "not dangerous, products and treated," words: "quantitative and qualitative prevention at source of waste within the meaning of article 3 of directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain directives» are replaced by the words: "waste prevention" and all «ultimate waste landfill» shall be replaced by the words: 'of waste storage.
3 ° (e) of the II reads as follows: ' e) lays down the conditions to ensure the waste management in exceptional situations, including those that may affect the collection and treatment of waste, without prejudice to the provisions relating to the civil security. "
4 ° after II, the following paragraph is added: '(IIA). ― The plan may provide for certain types of non-hazardous waste specific to producers and holders of waste to derogate from the hierarchy of modes of waste defined in article L. 541 - 1, in justifying taking into account the effects on the environment and human health, and the technical and economic conditions. » ;
5 ° to the IV, the words: 'the treatment of household and similar waste from ultimate waste storage centres' are replaced by the words: "non-hazardous waste storage facilities";
6 ° to the V, the words: ' elimination' shall be replaced by the words: "for collection";
7 ° to the VI, the words: "Advisory Board" are replaced by the words: 'Advisory Board development and follow-up. "


Article 14 read more on this article...

Article L. 541-14-1 is amended as follows: 1 ° to I, the words: ' waste management' shall be replaced by the words: 'prevention and waste management ';
2 ° to the II, the words: ' in articles L. 541 - 1 and L. 541 - 24» are replaced by the words: ' in article L. 541 - 1 ";
3 ° after II, the following paragraph is added: '(IIA). ― The plan may provide for certain types of waste from the building and public works sites for producers and holders of waste to derogate from the hierarchy of modes of waste defined in article L. 541 - 1, in justifying taking into account the effects on the environment and human health, and the technical and economic conditions. » ;
4 ° to the VI, the words: "Advisory Board" are replaced by the words: 'Advisory Board development and follow-up. "


Article 15 read more on this article...

Article L. 541 - 15 is amended as follows: 1 ° in the first paragraph, after the words: "L. 541 - 11," shall be inserted the words: "L. 541-11-1", and the words: 'elimination' shall be replaced by the words: "prevention and management";
2 ° in the third sentence of the third paragraph, the words: "the terms of the public consultation," shall be deleted.


Article 16 read more on this article...

I. — the title of subsection 3 of section 3 of chapter I of title IV of book V is replaced by the following: "garbage collection".
II. — after article L. 541-21-1, is added an article L. 541-21-2 worded as follows: 'Art.L. 541 21-2.-any producer or holder of waste must implement a sorting of waste at source and, when waste is not treated on-site, separate collection of waste, including paper, metals, plastics and glass, provided that this operation is feasible from a technical, environmental and economic point of view.
"Detailed rules for the application of the present article are fixed by Decree.
"The provisions of this article shall not apply to households."


Article 17 read more on this article...


I. ― the heading of sub-section 4 of section 3 of chapter I of title IV of book V is replaced by the following: "waste treatment facilities.
II. — in the first subparagraph of article L. 541 - 22, the words: ' referred to in article L. 541 - 7 and "are deleted and the words:" elimination as defined in article L. 541 - 2» are replaced by the words: "waste management" and, in the second paragraph, the words: "for disposal" shall be deleted.
III. ― to article L. 541 - 23, the words: "belonging to the categories referred to in article L. 541 - 22 to any other than the operator of an approved disposal facility" shall be replaced by the words: "to any other than a person authorized to take them over.
IV. ― article L. 541 - 24 is repealed.
V. ― in the second paragraph of article L. 541 - 26, the words: ' ultimate waste storage centres' shall be replaced by the words: 'of waste storage facilities.
VI. ― has article L. 541 - 28, the words: ' within the meaning of article L. 541 - 2» are deleted.
VII. ― has article L. 541 - 29, the words: ' in the first paragraph of article L. 541 - 2» are replaced by the words: "to 3 ° of article L. 541 - 1.
VIII. ― to article L. 541 - 30, the word: 'eliminate' is replaced by: "treat", the words: 'elimination' shall be replaced by the words: 'the treatment' and the words: ' elimination' shall be replaced by the words: 'of treatment.
IX. ― to 3 ° of II of article L. 541-30-1, the words: ' fill' shall be deleted.


Article 18 read more on this article...

I. ― the heading of sub-section 5 of section 3 of chapter I of title IV of book V is replaced by the following: "recovery of the waste.
II. — in the first subparagraph of article L. 541 - 31, the word: 'payback' is replaced by: 'recovery '.
III. ― to article L. 541 - 33, the words: ' recovery' shall be replaced by the words: "from recovered waste '.
IV. — in article L. 541 - 34, the word: «recovered» is replaced by the words: "from recovered waste '.
V. ― article L. 541 - 35 is repealed.
VI. ― article L. 541 - 38 is repealed.
VII. ― has article L. 541 - 39, the words: «recovery, transport, processing, recycling and recovery» shall be replaced by the words: "the collection, transport and treatment.
VIII. — in the first subparagraph of article L. 541 - 43, the words: «new collective treatment centre of special industrial waste or any new installation of ultimate waste storage» shall be replaced by the words: "any new installation of waste treatment.
IX. — in the first subparagraph of article L. 541 - 45, the words: «disposal or recovery» shall be replaced by the words: "waste management".


Article 19 more on this article...

Article L. 541 - 46 is amended as follows: i. ― to 2 °, the words: "of the I of article L. 541 - 10 ' are replaced by the words:" of I, VII and VIII of article L. 541 - 10.
II. — the 4th, the words: 'belonging to the categories referred to in article L. 541 - 7 and listed in its bye-law' are deleted.
III. ― 5 °, the words: 'transport', are added the words: 'the gathering' and the words: "belonging to the categories referred to in article L. 541 - 7» are deleted.
IV. — 7th, the words: "Dispose of waste or materials" shall be replaced by the words: "manage waste within the meaning of article L. 541-1-1.
V. 8 ° ― reads as follows: «8 ° handle wastes, within the meaning of article L. 541-1-1, without meet the requirements concerning the characteristics, quantities, technical and financial support conditions of waste and treatment implemented processes laid down in application of articles L. 541 - 2, L. 541-2-1, L. 541-7-2, L. 541-21-1 and L. 541-22.»
VI. ― to 12 °, the reference: "L. 325 - 3" is replaced by the reference: "L. 343 - 3.
VII. ― after 13 °, the following paragraph is added: ' 14 ° do not comply with the prohibitions laid down in article 1 of Regulation (EC) no 1102/2008 of the European Parliament and of the Council of 22 October 2008 on the banning of exports of metallic mercury and certain compounds and mixtures of mercury and the storage of this substance safely. ''


Article 20 more on this article...

Article L. 542-2-1 an III worded as follows is added: "(III). ― Article L. 542 - 2 and I of this section do not apply to the return and storage in France of radioactive waste or spent fuel from substances or radioactive equipment shipped from the France abroad for treatment or research purposes when they were not, originally, from abroad. ' Article 21 more on this article...

After article L. 554 - 5, are inserted the following provisions: "chapter V" Sites and soils polluted «Art.L.»» 555-1.-in case of pollution of soils or risk of soil pollution, the titular authority of police may, after giving formal notice, carry out work necessary at the expense of the head office. The ordained office work may be entrusted by the Minister responsible for the environment at the Agency for the environment and control of energy. The titular authority of police may also require the person responsible for recording into the hands of a public accountant a sum responding from the amount of work, which will be rendered as the performance of the work. Where appropriate, the amounts recorded can be used to adjust the execution of office expenses. When environment and energy control agency intervenes to carry out orderly office work, the amounts recorded are reserved to him at his request.
"It is method, if any, to the recovery of these amounts as for foreign tax and domain claims. For this recovery, the State enjoys a privilege of the same rank as provided in article 1920 of the general tax code.
"Opposition to the enforceable State made pursuant to a measure of consignment ordered by the administrative authority before the administrative judge has no suspensive effect.
"When, because of the disappearance or insolvency of the site operator polluted or the person responsible for the pollution, the implementation of the provisions of the first paragraph did not get the rehabilitation of the polluted site, the State may, with the potential of local and regional authorities support, entrust this reclamation at the environment and energy control agency. ''
"The works referred to in the preceding paragraph and, where appropriate, the acquisition of the buildings can be declared at the request of the State public utility. The declaration of public utility is read after consultation of the interested authorities and public survey conducted in the manner prescribed by the code of the expropriation for public utility. When one of the territorial communities concerned, the investigating Commissioner or the commission of inquiry issued an unfavourable opinion, the declaration of public utility is given by Decree in Council of State. "Article 22 more on this article...

I. ― article L. 655 - 5 is repealed.
II. ― article L. 655 - 6 is replaced by the following: 'Art.L. 655-6.-for the purposes of article L. 541 - 14 in Mayotte, paragraph VIII is replaced by the following paragraph: «"VIII.» ― The draft plan is then made available to the public for two months, and then approved by deliberation of the Council general and published. "" III. ― article L. 655-6-1 is replaced by the following: "Art.L." 655 6-1.-for the purposes of article L. 541-14-1 in Mayotte, paragraph VIII is replaced by the following paragraph: «"VIII.» ― The draft plan is then made available to the public for two months, and then approved by deliberation of the Council general and published. "" Article 23 read more on this article... "

4 of article 38 of the code of customs, the words: "II of article L. 541 - 1 of the code of the environment including the import, export or transit are governed either by articles L. 541 - 40 to L. 541 - 42 of the same code and the regulations adopted for their implementation, or by Regulation (EEC) No 259/93 of the Council of 1 February 1993 on the supervision and control of shipments of waste at the entrance and exit of. the European Community' shall be replaced by the words: ' in article L. 541-1-1 code of the environment including the import, export or transit shall be governed by articles L. 541 - 40 to L. 541-42-2 of the code.


Section 24 read more on this article...

The general code of territorial communities is amended as follows: i. ― in the tenth paragraph of article l. 2224-2, the words: ' elimination' shall be replaced by the words: 'management '.
II. ― article L. 2224-13 is amended as follows: 1 ° to the first paragraph, the words: 'elimination' shall be replaced by the words: "collection and treatment";
2 ° A the first sentence of the second subparagraph, the words: 'disposal and recovery' shall be replaced by the words: "collection and treatment" and the words: 'the landfill of the final waste' and the words: «, sorting or storage» shall be deleted;
3 ° A the last sentence of the same paragraph, the words: "sort or storage" are replaced by the words: 'transit or grouping. "
4 ° A the first sentence of the third paragraph, the words: ", the ultimate waste landfilling» and the words: «, sorting or storage» shall be deleted;

5 ° A the second sentence of the same paragraph, the words: "sort or storage" are replaced by the words: 'transit or grouping.
III. — L. 2224-14 section, the words: 'also elimination' shall be replaced by the words: "the collection and processing.
IV. — in the first subparagraph of article L. 2224-15, the words: "under plans expected household waste in article L. 541 - 14 of the code of the environment" are replaced by the words: "in the context of both prevention and waste management provided for in subsection 1 of section 3 of chapter I of title IV of book V of the code of the environment.
V. ― article L. 2224-16 is amended as follows: 1 ° the second sentence of the first subparagraph is replaced by the following: 'It shall determine inter alia the terms of selective collection and imposes the separation of certain categories of waste, including paper, metals, plastics and glass, provided that this operation is feasible from a technical, environmental and economic point of view.';
2 ° in the last paragraph, the words: 'élimination' shall be replaced by the words: 'management '.
VI. — section L. 2224-17, the words: ' eliminate' shall be replaced by the words: "to ensure" and the words: "eliminate waste" are replaced by the words: "the management of waste.
VII. — in the first subparagraph of article L. 2333-78, the words: 'elimination' shall be replaced by the words: "collection and treatment", the words: 'waste disposal' shall be replaced by the words: 'managed waste' and the words: «the elimination of small quantities of waste» shall be replaced by the words: "small amounts of waste management.
VIII. ― to III of article L. 2573-30, the words: "under plans expected household waste in article L. 541 - 14 of the code of the environment" are replaced by the words: "in the context of both prevention and waste management provided for in subsection 1 of section 3 of chapter I of title IV of book V of the code of the environment.
IX. — in the first subparagraph of article L. 4424-37, the words: 'elimination plans' are replaced by the words: "prevention and management ' plans and the words:"contributing to the production and disposal of the wastes"are replaced by the words:"contributing to the production and management of waste.
X. ― A article L. 4424-38, the words: 'plans of elimination' shall be replaced by the words: "prevention and management plans.
XI. — in the second paragraph of article l. 5211-9-2, the words: ' elimination' shall be replaced by the words: 'management '.
XII. — in the second paragraph of article L. 5211-61, the words: ' elimination' shall be replaced by the words: 'of treatment.
XIII. ― to 5 ° of article l. 5214-23-1, the words: 'Disposal and recovery' shall be replaced by the words: 'collection and treatment ".
XIV. — to the 6 ° of article L. 5215-20 a, the words: 'Disposal and recovery' shall be replaced by the words: 'collection and treatment ".
XV. — the 4th of II of article l. 5216-5, the words: 'disposal and recovery' shall be replaced by the words: 'collection and treatment ".
XVI. — in the first subparagraph of article l. 5711-4, the words: 'collection or disposal' shall be replaced by the words: "collection or treatment.
XVII. — in the second paragraph of article l. 6175-5, the words: «collection and disposal» shall be replaced by the words: "the collection and treatment.


Article 25 more on this article...

The Prime Minister and the Minister of ecology, sustainable development, transport and housing are responsible, each in relation to the application of this order, which will be published in the Official Journal of the French Republic.


Done at Paris, December 17, 2010.
Nicolas Sarkozy by the President of the Republic: Prime Minister François Fillon Minister of ecology, sustainable development, transport and housing, Nathalie Kosciusko-Morizet