Texts transposed Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the field of politics for the marine environment (framework directive ' strategy for the marine environment') summary under section 166 of the Act 2010-788. Transposition full directive 2008/56/EC of the European Parliament and of the Council establishing a framework for Community action in the field of politics for the marine environment (framework directive ' strategy for the marine environment').
Keywords ecology, environment, environment CODE, PROTECTION of NATURE and the environment, Middle sailor, water Navy, aquatic environment, policy for the Community seafarers, management integrated in the sea and the coast, PLAN of ACTION for the Middle sailor, development, approval, implementation, European DIRECTIVE, TRANSPOSITION COMPLETE JORF n ° 0105 of May 6, 2011 page 7748 text no. 15 Decree No. 2011-492 of May 5, 2011 on the plan of action for the marine environment NOR : ELI DEVX1106607D: https://www.legifrance.gouv.fr/eli/decret/2011/5/5/DEVX1106607D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2011/5/5/2011-492/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister for ecology, sustainable development, transport and housing, see the convention on the protection of the marine environment and the coastline of the Mediterranean Sea signed in Barcelona on 16 February 1976, published by Decree No. 78-1000 September 29, 1978, no. 2004-958, September 2, 2004;
Considering the convention for the protection of the environment marine of North-East Atlantic, signed in Paris on 22 September 1992, published by Decree No. 2000-830 of August 24, 2000;
Given the directive no. 91/271/EEC of the Council of 21 May 1991 concerning the treatment of urban waste water;
Seen the directive no. 92/43/EEC of the Council of 21 May 1992 on the conservation of natural habitats as well as the fauna and flora;
Seen the directive no. 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for a Community policy in the field of water;
Seen the directive no. 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing directive 76/160/EEC;
Seen the directive no. 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the field of politics for the marine environment.
Seen the directive no. 2009/147/EC of the European Parliament and of the Council of 30 November 2009 concerning the conservation of wild birds;
See decision No. 477/2010/EU of the Commission on September 1, 2010 the criteria and methodological standards on good environmental status of marine waters;
Given the code of the environment, including its articles L. 219 - 1 to L. 219 - 18;
Given the rural code and maritime fishing, including title III of his book II and his book IX;
Given the code of public health, including its items D. 1332-14-D. 1332-39;
Considering Decree No. 90-94 of January 25, 1990, taken for the purposes of articles 3 and 13 of the Decree of January 9, 1852 changed on the exercise of the maritime fishing;
Considering Decree No. 90-95 of January 25, 1990, taken for the purposes of article 3 of the Decree of January 9, 1852 modified setting the terms of exercise of sea fishing in fishing areas not covered by Community regulations conservation and management;
See Decree No. 2004 - 112 of February 6, 2004 on the Organization of the action of the Sea State;
See Decree No. 2004-374 of April 29, 2004, amended on powers of prefects, the Organization and the action of the services of the State in the regions and departments;
See Decree No. 2010 - 130 of February 11, 2010 on the Organization and missions of the interregional directorates of the sea;
Considering the opinion of the interministerial mission of water as of February 4, 2011;
Given the opinion of the national Council of water as of February 9, 2011;
Given the opinion of the national Council for the protection of nature as of February 8, 2011;
The Council of State (section of public works) heard;
The Council of Ministers heard, decrees: Article 1 more on this article...

Title I of book II of the code of the environment (regulatory part) has been changed: i. — its title is replaced by the following: "water and aquatic and marine environments.
II. ― it is added a chapter IX reads: "chapter IX" policies for marine environments "Section 1" integrated sea and coastal management "Section 2" Plan of action for the marine environment "sub-section 1" General provisions "Art." "" "" """ R. 219-2.-the plan of action for the marine environment provided by articles L. 219 - 9 L. 219 - 11 is the marine strategy within the meaning of articles 3 and 5 of the directive no. 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the field of politics for the marine environment.
'Art. R. 219-3.-a plan of action for the marine environment covering the waters under the sovereignty or jurisdiction of French is developed and implemented for each of the subregions of the Atlantic region in the Northeast and the following Mediterranean Sea region marine: '(1) the North Sea in the broad sense, including the handle, hereinafter referred to as "Channel-North Sea";
"(2) the Celtic Seas;
"(3) the Gulf of Biscay and the Iberian Coast, hereinafter referred to as"Bay of Biscay";
"(4) the Western Mediterranean.
"The limits of the above marine subregions of 1 ° to 3 ° are those resulting from the zones approved under the convention for the protection of the marine environment of the North-East Atlantic on September 22, 1992.
"The limits of the marine subregion mentioned the 4 ° are those area approved in respect of the convention on the protection of the marine environment and the coastline of the Mediterranean Sea from February 16, 1976.
«Subdivision 2 "content «Art»»» R. 219-4.-the plan of action for the marine environment is made up of the five elements by 1 ° to 5 ° of the I of article L. 219 - 9.
"They are each updated every six years from the date on which they were arrested or approved pursuant to articles R. 219 - 6 and R. 219 - 15 and at the latest from the dates laid down in article L. 219 - 10 for put them in work or for the completion of their development, in accordance with article R. 219 - 17."
"When the plan of action for the marine environment covers several maritime facades, each of these facades is being of a specific chapter of the plan.
'Art. R. 219-5.-for the initial assessment of the environmental status of marine waters and the environmental impact of human activities on these waters under the 1 ° of the article L. 219 I - 9: "(1) the analysis of the specificities and characteristics of marine waters and their ecological state is based on the tentative lists of items in table 1 of annex III to the directive no. 2008/56/EC of the European Parliament and of the Council of 17 June 2008 referred to. article R. 219 - 2 and has the physical characteristics chemical and biological, habitat types and the hydromorphologie;
"(2) analysis of the main pressures and major impacts, especially due to human activity, on the ecological water status is based on the indicative list of items contained in table 2 of annex III of the directive no. 2008/56/EC of the European Parliament and of the Council of June 17, 2008, referred to in article R. 219 - 2, includes qualitative and quantitative physical pressure." chemical and biological and their impacts as well as discernible trends and includes the cumulative and synergistic effects.
"These analyses as well as economic and social analysis of the use of marine waters and the cost of degradation of the environment shall also take account of all other elements relevant to assessment of marine waters from the implementation of European legislation, particularly in the areas of water and the conservation of natural habitats, fauna and flora wild." wild birds, as well as international agreements and the common fisheries policy.
«An order of the Minister responsible for the environment specifies the criteria and methods to be implemented in this initial assessment, so to ensure the homogeneity of this assessment by marine region and to take into account the impacts and transboundary features.»
'Art. R. 219-6.-the definition of good environmental status of the marine waters under 2 ° of article L. 219 the I - 9 is established by the Minister responsible for the environment for all plans of action for the marine environment.
«It allows to enjoy and compare, subregion marine to another, extent to which good environmental status is maintained or achieved.»
"She refers to the elements used in the initial assessment provided for in article R. 219 - 5.
"It identifies a set of criteria and relevant indicators characterizing a good ecological status for each marine sub-region based on:" ― the qualitative descriptors listed in annex 1 of the directive 2008/56 / EC of the European Parliament and of the Council of June 17, 2008, referred to in article R. 219 - 2;

"― the criteria and methodological standards mentioned in the decision 477/2010 / EU of the Commission on September 1, 2010 on the criteria and the methodological norms regarding good ecological status of marine waters;
«— the specific characteristics of the marine sub-regions.»
'Art. R. 219-7.-environmental objectives and indicators to achieve or maintain good environmental marine mentioned on the 3rd of the article L. 219 I - 9 are defined by referring to the elements used in the initial assessment provided for in article R. 219 - 5 and taking into account the characteristics listed in annex IV to the directive no. 2008/56/EC of the European Parliament and of the Council of 17 June 2008 referred to in article R 219-2.
"These environmental objectives are consistent with those applicable to the same waters and approved in a framework of European or international, including conservation of the living resources of the sea under the common fisheries policy, as well as with those set at the national level, subject to the more restrictive provisions of article 219-4.
"An order of the Minister responsible for the environment specifies the criteria and methods to be implemented for the development of environmental targets and associated indicators.
'Art. R. 219-8.-monitoring program referred to in the 4 ° of article L. 219 the I - 9 is developed and implemented by referring to the elements used in the initial assessment provided for in article R. 219 - 5 and based on the list in annex V to the directive no. 2008/56/EC of the European Parliament and of the Council of 17 June 2008 mentioned in article R. 219-2.
"It relies on devices evaluation and monitoring of the implementation of legislation European and international agreements, particularly in the areas of water, conservation of the natural habitats, fauna and flora, of wild birds, as well as the conservation of the living resources of the sea, including in the context of the common policy of fishing."
"The Minister of the environment and the coordinators prefects ensure for, respectively, regions and marine subregions:" ― surveillance within a subregion or region marine programs are consistent;
"― surveillance methods are homogeneous, in order to facilitate the comparison between the results of the surveillance of a subregion or one marine region
"― that the significant transboundary impacts and transboundary features are taken into account.
"A joint order of the Ministers of the environment, sea, marine fisheries and health specific methods and criteria for development and implementation of the monitoring program.
'Art. R. 219-9.-the programme of measures referred to in the 5th of the I of article L. 219 - 9, intended to achieve or maintain good environmental status of marine waters is developed and implemented on the basis of the initial assessment, referring to environmental objectives provided for in article R. 219 - 7 and taking into account the types of measures listed in annex VI of the directive no. 2008/56/EC of the European Parliament and of the Council of 17 June 2008 referred to in article R. 219 - 2.
«Program takes into account relevant measures required under European legislation, in particular in respect of the directives no. 91/271/EEC of the Council of 21 May 1991 concerning the treatment of urban water waste, no. 2000/60 / CE of the European Parliament and of the Council of 23 October 2000 establishing a framework for a policy in the field of water and no. 2006/7 / EC of the European Parliament and of the Council of 15 February 2006 concerning the» management of bathing water quality and repealing directive 76/160 / EEC, as well as the environmental quality standards in the field of water or of the relevant international agreements. It also takes account of measures taken for the conservation of the living resources of the sea, including in the context of the common fisheries policy.
"The program includes measures of special protection for marine areas that could be special areas of conservation under the directive no. 92/43/EEC Council of 21 May 1992 on the conservation of the habitats of the fauna and flora wild, areas of special protection to the title of the directive no. 2009/147 / EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds. or marine areas protected within the meaning of article L. 334 - 1.
"Takes account of the impact that this action could have on the waters beyond the marine waters under jurisdiction, in order to minimize the risk of degradation of these waters and, if possible, to produce a positive effect on these.
"Measures in the program include the precision of their perimeter, authority to which responsibility implementation, modalities of implementation and their contribution to the achievement of the environmental objectives of the action plan.
"The measures program is with the environmental report prepared pursuant to articles L. 122 - 4 and L. 122 - 6. Assessment of measures in the action plan, for the marine environment, and in particular the assessment of their effectiveness in terms of their cost included in the environmental report.
«The measures, information and justifications and recommendations which may, in the cases provided by paragraph 5 of article 13 and article 15 of directive 2008/56 / EC of the European Parliament and of the Council of 17 June 2008 referred to in article R. 219 - 2, be addressed to the European Commission are attached to the notification that is made of the program of measures within three months of its development.»
"A joint order of the Ministers of the environment, sea, marine fisheries and health specific methods and criteria for development and implementation of the programme of measures.
«Sub-section 3 "development, approval, implementation and update «Art»»» A. * 219-10.-subject of powers to other administrative authorities by this section, the coordinators prefects jointly responsible to organize the development of the plan of action for the marine environment, to approve and coordinate its implementation are: "(1) for the subregion marine channel-North Sea, the maritime prefect of the channel and the North Sea, and the prefect of the Haute-Normandie region;
"(2) for the marine sub-region of the Celtic Sea, the maritime prefect of the Atlantic and the prefect of the region Pays de la Loire;
"(3) for the marine region of the Gulf of Gascony, the maritime prefect of the Atlantic and the prefect of the region Pays de la Loire;
"(4) for the subregion marine in the Western Mediterranean, the maritime prefect of the Mediterranean and the prefect of the Provence region of France.
"Coordinators prefects of the marine sub-regions channel North Sea, Celtic Sea and Bay of Biscay ensure the consistency of the elements of the action plans which they are respectively responsible.
'Art. R. 219 - 11.-I. — in the performance of their duties relative to the development, approval and implementation of the plans of action for the marine environment, the coordinators prefects referred to in article r. * 219-10 make sure to associate with each step, the prefects of the affected coastline and maritime façade boards referred to in article 219-6-1.
"II. — for each maritime façade, it is created a college that develops the draft elements of the plan of action for the marine environment, with the exception of the definition of good environmental status, whose characteristics are defined, in relation to the coordinators prefects, by the Minister of the environment.
"The college is chaired by the coordinators concerned prefects. It includes: "― the prefects of regions, which combine the prefects of departments concerned;
"― coordinators prefects basin concerned or, in Corsica, the president of the Executive Council of the territorial community of Corsica;
"― the directors of public institutions of the State in charge of a research policy, management or related to coastal and marine protection;
'— the heads of decentralised services concerned.
"A decree of the coordinators prefects sets the composition and functioning of the college. Its secretariat shall be provided by the inter-regional direction of the concerned sea.
'Art. R. 219-12.-each element of the plan of action for the marine environment, five months at least before the date provided for in article L. 219 - 10 for implementation or completion of each transmitted jointly by the coordinators prefects for review: "(1) maritime façade boards provided for in article L. 219-6-1;
'2. the basin committees concerned;
"(3) in General and regional of the coastal regions and departments councils as well as to the territorial community of Corsica;
"(4) consular Chambers and regional health agencies of the departments and coastal regions, to regional, departmental or interdepartmental committees of maritime fisheries and marine farms as well as the regional shellfish aquaculture committees concerned;

"(5) a licensed associations of environmental protection acting for the protection of the marine environment;
"(6) to the Chief of staff of the French Navy.
"The environmental report of the plan of action for the marine environment is transmitted with the draft programme of action.
"These opinions are made within three months of their submission. Otherwise, they are considered favorable.
'Art. R. 219-13.-summaries of the elements of the plan of action for the marine environment developed by the college are, five months at least before the date provided for in article L. 219 - 10 for the implementation or the completion of each of the elements, made available to the public on the websites of the Ministry of the environment, the maritime prefectures, prefectures of regions and departments concerned for a period of three months.
«These summaries are matched to the indication of the competent authorities to make the decision and the people from whom can be obtained information on the elements of the plan of action as well as, regarding the summary of program measures, environmental report.»
"This consultation is announced, at least fifteen days before it begins, by the publication, in several regional newspapers, a notice indicating its purpose, its dates, modalities and the addresses of the websites on which it is performed.
"Coordinators prefects are the summary of the comments received and pass it to the college.
'Art. R. 219 - 14.-A the end of the time limit for consultations and information of the public, the elements of the plan of action for the marine environment developed by the college, the opinions rendered and the summary of comments from the public are sent to the Minister responsible for the environment.
"The Minister ensures the coherence of the elements developed with those of marine strategies implemented by the other Member States in the same marine subregions or regions.
'Art. R. 219-15.-the elements of the plan of action for the marine environment other than the definition of good environmental marine waters status, modified as appropriate to reflect opinions rendered and the comments received, are approved by joint coordinators prefects order.
'Art. R. 219-16.-the Minister of the environment and coordinating prefects ensure the coherence of the implementation of the elements of the plan of action for the marine environment with the competent authorities of the neighbouring States for, respectively, the regions and subregions marines and strive to strengthen during the update of these elements provided for in article R. 219 - 4.
'Art. R. 219-17.-the update of each of the elements provided for in article R. 219 - 4 is made according to the procedure laid down for their development and their initial approval by items r 219 - 11 R. 219 - 16. ' Article 2 more on this article...

I. ― article R. 122 - 17 of the environmental code is complemented by a well written paragraph: "(18) the plan of action for the marine environment."
II. — at 1 II of article R. 122 ° - 19 of the code of the environment, the words: ", for the plan referred to in the 18th of the same article," are inserted after the words: "article r.. 122-7.


Article 3 more on this article...

All the useful information regarding marine areas identified in the plan of action for the marine environment as likely to constitute special areas of conservation under directive no. 92/43/EEC Council on 21 May 1992 referred to above, the special protection areas to the title of the directive no. 2009/147/EC of the European Parliament and of the Council of 30 November 2009 above or marine protected areas within the meaning of article L. 334-1 of the code of the environment are made available to the public under the conditions provided for by the first and the third paragraph of article R. 219 - 17 of the same code to no later than September 30, 2013.


Article 4 more on this article...

The Prime Minister, the Minister of ecology, sustainable development, transport and housing, the Minister of the Interior, of him overseas, local authorities and immigration, the Minister of labour, employment and health and the Minister of agriculture, food, fisheries, rural and landscaping territory are responsible, each in respect , the application of this Decree, which will be published in the Official Journal of the French Republic.


Made on May 5, 2011.
Nicolas Sarkozy by the President of the Republic: the Prime Minister François Fillon Minister of ecology, sustainable development, transport and housing, Nathalie Kosciusko-Morizet, the Minister of the Interior, of the overseas local authorities and immigration, Claude USA the Minister of labour, employment and health, Xavier Bertrand Minister of agriculture, of food, of fishing rural life and the development of the territory, Bruno Le Maire