Key Benefits:
Publics concerned: waste management professionals, territorial authorities, state services.
Purpose: Improved waste management.
Entry into force: July 13, 2011, except for the provisions relating to the declaration of certain waste carriers, inert waste storage facilities and financial safeguards, which come into force on July 1, 2012, and the provisions concerning the planning of the management of waste in exceptional circumstances, which come into force on January 1, 2013. The waste management plans referred to in sections L. 541-13 and L. 541-14 of the Environmental Code under development remain governed by the texts in force prior to the publication of this Order, within one year.
Notice: The Act of 12 July 2010 on national environmental engagement amended the environmental code to strengthen waste planning, create a waste management plan from building sites and public works, limit the capacity of incineration and storage facilities and make it mandatory to sort biowaste and separate collection for the purpose of upgrading all major biowaste producers.
This Decree provides for the regulatory translation.
It also defines the regulatory measures necessary to transpose the framework directive of 19 November 2008, which introduces a new hierarchy in waste treatment modes.
It also specifies the provisions necessary for the application of the June 14, 2006 regulations on cross-border waste transfers.
References: the environmental code modified by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development, Transport and Housing,
Having regard to Regulation No. 1013/2006 of the European Parliament and the Council of 14 June 2006 concerning waste transfers;
Considering Regulation No. 1069/2009 of the European Parliament and of the Council of 21 October 2009 establishing sanitary rules for by-products not intended for human consumption and repealing Regulation No. 1774/2002;
Considering Directive 94/62/EC of 20 December 1994 of the European Parliament and the Council on packagings and packaging wastes;
In light of Council Directive 96/59/EC of 16 September 1996 on the elimination of polychlorinated biphenyls and polychloroterphenyls;
In light of Council Directive 99/31/EC of 26 April 1999 on the dumping of wastes;
Considering Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on the waste of electrical and electronic equipment;
Having regard to Directive 2006/66/EC of the European Parliament and the Council of 6 September 2006 on batteries and batteries and waste of batteries and accumulators and repealing Directive 91/157/EEC;
Having regard to Directive 2008/98/EC of the European Parliament and the Council of 19 November 2008 on waste and repealing certain guidelines;
Considering the environmental code;
Vu le Civil codeincluding article 2321;
Vu le monetary and financial codeincluding article L. 518-1;
Based on the advice of the Local Finance Committee (the Standards Assessment Advisory Board) dated 3 March and 31 May 2011;
Considering the opinion of the Regional Council of La Réunion dated 26 April 2011;
Considering the opinion of the assembly of Corsica in its deliberation of 3 May 2011;
Considering the referral of the territorial council of Saint-Pierre-et-Miquelon dated 7 March 2011;
Considering the referral of Mayotte General Council dated 8 March 2011;
Considering the referral of the General Council of La Réunion dated 9 March 2011;
Considering the referral of the territorial council of Saint-Martin dated 10 March 2011;
Considering the referral of the Regional Council of Guadeloupe dated 10 March 2011;
Considering the referral of the general council of Guadeloupe dated 10 March 2011;
Considering the referral of the Martinique Regional Council dated 10 March 2011;
Considering the referral of the General Council of Martinique dated 11 March 2011;
Considering the referral of the Guyana Regional Council dated 14 March 2011;
Considering the referral of the General Council of Guyana dated 14 March 2011;
The State Council (section of public works) heard,
Decrete:
The regulatory provisions of the Environmental Code are amended in accordance with sections 2 to 28 of this Order.
Section 2 of chapter II of Book I II is amended to read:
I. ― In R. 122-17, 6° to 9° are replaced by the following:
« 6° National Waste Prevention Plan provided for in Article L. 541-11;
7° National plans for the prevention and management of certain waste categories provided for in Article L. 541-11-1;
8° Regional or interregional plans for the prevention and management of hazardous wastes under Article L. 541-13;
9° Departmental or interdepartmental plans for the prevention and management of non-hazardous wastes under Article L. 541-14;
9° bis Plan for the prevention and management of non-hazardous waste in Ile-de-France provided for in article L. 541-14;
9° ter Departmental or interdepartmental plans for the prevention and management of waste from construction sites and public works provided for in Article L. 541-14-1;
9° quater Waste prevention and management plan from construction sites and public works in Ile-de-France under Article L. 541-14-1; "
II. ― Part II of R. 122-19 is amended as follows:
1° At 1°, the words "at 9°" are replaced by the words "at 6° and 7°";
2° At 2°, the words "at 7°, 8°" are replaced by the words "at 8°, 9° bis, 9° quater".
Sub-section 1 of chapter V, section 1, title II, of Book I is amended to read:
I. ― In R. 125-1, the words: "subject to sections L. 541-11, L. 541-13 and L. 541-14" are deleted.
II. ― Section R. 125-2 is amended as follows:
1° In I, the words "elimination facilities" are replaced by the words "treatment facilities";
2° In II, the words "disposal facility" are replaced by the words "treatment facility".
III. ― Section R. 125-3 is amended as follows:
1° In I, the words: "disposal" are replaced by the words: "collection or processing", the words: "conditions for their disposal or recovery" are replaced by the words: "processing of their treatment", the words: "specific disposal methods" are replaced by the words: "specific treatments", the words: "waste collection and disposal operations" are replaced by the words: "collection operations" and "waste disposal operations"
2° In II, the words: "the waste disposal facility" are replaced by the words: "the waste treatment facility".
IV. I of section R. 125-4 is amended as follows:
1° At 1°, the words "elimination" are replaced by the words "management";
2° The 2° is replaced by the following:
« 2° The waste prevention and management plan(s) for the department";
3° At 4°, the words "elimination" are replaced by the words "management";
4° At 5°, the words "elimination" are replaced by the words "management";
5° At 6°, the reference "L. 541-2" is replaced by the reference "L. 541-1".
Sub-section 2 of chapter V, section 1, title II, of Book I is amended to read:
I. ― Section R. 125-5 is amended as follows:
1° In I, the words: "waste installation" are replaced by the words: "waste treatment facility";
2° The 1st of II is thus written: "For any collective waste storage facility subject to authorization under Article L. 511-2";
3° At 2° of II, the words "storage or disposal" are replaced by the word "treatment".
II. ― At 1° of Article R. 125-8, the words "storage or disposal" are replaced by the word "treatment".
In chapter II, section 1, title VI of Book I, section R. 162-1 is amended as follows:
1° At 2°, the words "collection, transport, valorization and disposal" are replaced by the words "management";
2° At 12°, the reference "L. 541-42" is replaced by the reference "L. 541-42-2".
Title I of Book V is amended to read:
I. ― The 6th of section R. 512-3 is replaced by the following:
« 6° When it comes to a waste-processing facility, the expected geographic origin of the waste and how the project is compatible with the plans set out in sections L. 541-11, L. 541-1, L. 541-13, L. 541-14 and L. 541-14-1. »
II. ― At the 4th of Part II of Article R. 512-8, the words: "waste disposal and residue" are replaced by the words: "waste prevention and management".
III. ― At 1° of the II of Article R. 512-39-1, the words "or disposal" are deleted and the words "waste" are replaced by the words "waste management".
IV. ― The 1st of Article R. 512-46-25 is as follows:
« 1° Disposal of hazardous products and, for facilities other than waste storage facilities, waste management on the site."
V. ― In III of section R. 512-47, the words "waste disposal and residue" are replaced by the words "waste management".
VI. ― At the 1st of Article R. 512-66-1, the words "management" are added before the words "waste".
VII. ― The title of chapter V, section 5, title I, of Book V becomes "Treat Processing Facilities".
VIII. ― Section R. 515-37 is amended as follows:
1° In the second paragraph, the words "their elimination" are replaced by the words "their treatment";
2° In the fifth paragraph, the words "elimination" are replaced by the words "treatment".
The title of chapter I of title IV of book V becomes: “General provisions on waste prevention and management”.
I. ― Article R. 541-8 is as follows:
"Art. R. 541-8. - For the purposes of this title:
"Dangerous waste: any waste that presents one or more of the hazard properties listed in Appendix I to this section. They are reported by an asterisk in the waste list in Appendix II to this section.
"Non-hazardous waste: any waste that does not present any of the properties that make a waste hazardous.
"Inert waste: any waste that does not undergo any significant physical, chemical or biological modification, that does not decompose, does not burn, does not produce any physical or chemical reaction, is not biodegradable and does not deter the substances with which it enters into contact in a manner likely to cause harm to the environment or to human health.
"Buy household: any waste, dangerous or non-hazardous, of which the producer is a household.
"Buy of economic activities: any waste, dangerous or non-hazardous, of which the original producer is not a household.
" Biowaste: any non-hazardous biodegradable waste of gardens or parks, any non-hazardous waste of food or food from households, restaurants, caterers or retail stores, as well as any comparable waste from food production or processing establishments. »
II. ― In Appendix I to section R. 541-8, the words: "H13 Substances and preparations that may, after disposal, give birth, by any means, to another substance, such as a product of leaching, which has one of the characteristics listed above. "H13 "Sensibilizing" is replaced by the words: substances and preparations that, by inhalation or skin penetration, may result in a hypersensitization reaction such as a new exposure to the substance or preparation produces characteristic adverse effects. This property is to be considered only if the test methods are available. and at the end of this annex are added the words: "H15 Substances and preparations that may, after disposal, give birth, by any means, to another substance, such as a product of leaching, which has one of the characteristics listed above. »
III. ― In R. 541-9, the words: "taken after the advice of the Higher Council for Technological Risk Prevention" are deleted.
IV. ― After section R. 541-11, an article R. 541-11-1 is added as follows:
"Art. R. 541-11-1. - The decommissioning of hazardous wastes in non-hazardous waste cannot be done by dilution to reduce the initial concentrations of hazardous substances below the thresholds defining the hazardous nature of a waste. »
I. ― The title of chapter I, section 2, of title IV of Book V becomes: "Plans for the Prevention and Management of Wastes".
II. ― In this section 2 of chapter I of title IV of Book V, the words "advisory committee" are replaced by the words "advisory committee for development and follow-up".
I. ― The title of sub-section 1 of section 2 of chapter I, title IV of Book V becomes "Non-hazardous Waste Prevention and Management Plans".
II. The title "Paragraph 1: Clean and assimilated waste disposal plans" is removed.
III. Sections R. 541-13, R. 541-14 and R. 541-15 are replaced by the following:
"Art. R. 541-13.-The purpose of the non-hazardous waste prevention and management plans provided for in Article L. 541-14 is to coordinate all actions undertaken by the public authorities and by private bodies to ensure the achievement of the objectives set out in Articles L. 541-1, L. 541-2 and L. 541-2-1. They shall be established under the terms and conditions defined in this subsection.
"Art. R. 541-14.-Non-hazardous waste prevention and management plans, which exclude waste from construction sites and public works covered by the plans provided for in Article L. 541-14-1, are composed of:
"I. ― A state of non-hazardous waste management that includes:
« 1° An inventory of the types, quantities and origins of non-hazardous waste produced and processed;
« 2° A description of the organization of the management of these wastes;
« 3° A census of existing waste collection or treatment facilities;
« 4° A census of energy production capacities related to the treatment of these wastes;
« 5° A census of waste treatment facility projects for which an application for authorization to operate under title I of this book has already been filed;
« 6° A census of the deliberations of public legal persons responsible for the treatment of wastes, in which collection or processing facilities to be modified or created, the nature of the treatments and their location;
« 7° A census of local programmes for the prevention of household and assimilated waste referred to in Article L. 541-15-1;
« 8° Where appropriate, lessons learned from crisis situations, particularly in the event of a pandemic or natural disaster, where the normal organization of waste collection or treatment has been affected.
"The censuses under 3° to 7° are established on the date of the opinion of the Advisory Committee for Development and Monitoring referred to in R. 541-20.
“II. ― A non-hazardous waste prevention program that defines:
« 1° The objectives and indicators for waste prevention measures and the assessment method used;
« 2° The priorities to achieve these goals.
"III. - A planning for the management of non-hazardous waste that sets:
« 1° A forward-looking six-year and twelve-year inventory of non-hazardous wastes to be processed according to their origin and type by integrating preventive measures and predictable demographic and economic developments;
« 2° Objectives and indicators for source sorting measures, separate collection, including bio-waste, and waste recovery, as well as methods for developing and monitoring these indicators;
« 3° The priorities to achieve these objectives;
« 4° A limit to waste incineration and storage capabilities, which can be applied to waste incineration or storage facilities and to capacity extensions of existing facilities. This limit is set to six years and twelve years and is consistent with the objectives set at 1° of II and 2°.
"Subject to the provisions of section R. 541-28, the annual capacity for incineration and storage of non-inert wastes at twelve-year intervals shall not exceed 60% of the quantity of non-hazardous wastes, including waste from construction sites and public works covered by the plan provided for in section L. 541-14-1, produced in the area of the plan defined in section R. 541-17. In this case, except in particular circumstances, the plan cannot provide for an increase in the annual capacity to incinerate or store non-inert non-dangerous wastes;
« 5° The types and capacities of the facilities it appears necessary to create in order to manage non-inert non-hazardous wastes and to meet the above objectives, taking into account the non-inert non-hazardous waste from construction sites and public works identified by the plan referred to in Article L. 541-14-1. The plan identifies the geographic areas that appear to be best suited to this effect. It justifies the planned capacity of non-inert non-dangerous waste incineration and storage facilities;
« 6° The description of the organization to be put in place to ensure the management of wastes in exceptional situations that may affect the normal organization of the collection or treatment of wastes, particularly in the event of a pandemic or natural disasters, and the identification of areas to be allocated to waste treatment activities in such situations.
"IV. - The measures adopted for the management of non-inert non-hazardous wastes derived from products under the provisions of Article L. 541-10 and the provisions planned to contribute to the achievement of the national objectives for the recovery of these wastes.
"Art. R. 541-14-1.-When the plan provides for certain specific non-hazardous waste types the possibility for waste producers and waste holders to derogate from the hierarchy of waste treatment modes defined in Article L. 541-1, it justifies these exemptions given the overall effects on the environment and human health, technical feasibility and economic viability.
"Art. R. 541-15.-The development of the plan and its revision are subject to an environmental assessment under the conditions set out in sections L. 122-4 to L. 122-11 and R. 122-17 to R. 122-24. »
IV. ― In R. 541-16, the words "disposal of household and assimilated wastes" are replaced by the words "prevention and management of non-hazardous wastes".
V. ― In the II of Article R. 541-17, the words: "hereinafter" are deleted and the words: "living or economic basins as well as" are inserted after the words: "taking into account".
VI. ― Section R. 541-18 is amended as follows:
1° The 3° of I is replaced by the following:
« 3° The chair of the regional council or its representative or, in the Ile-de-France region, the prefects and presidents of the general councils or their representatives";
2° At 5° of I, the words: "disposal" are replaced by the words: "collection or treatment";
3° The 7° is replaced by the following:
« 7° The Director of the Regional Health Agency or his representative and a representative of the Environment and Energy Control Agency; » ;
4° At 9° of I, the words "elimination" are replaced by the words "management".
VII. ― Section R. 541-19 is replaced by the following provisions:
"Art. R. 541-19.-I. ― In the event that the plan is interdepartmental, it is established a single advisory committee for development and follow-up.
"It includes:
« 1° Presidents of the General Councils or their representatives;
« 2° Prefects or their representatives;
« 3° Chairs of the regional councils of the plan area or their representatives;
« 4° Representatives of the General Councils designated by them;
« 5° Representatives of the municipalities designated by the departmental associations of the mayors or, if not, by the college of the mayors of the area of the plan, of which at least two under the groupings mentioned in the Articles L. 5212-1, L. 5214-1, L. 5215-1, L. 5216-1, L. 5332-1, L. 5711-1 and L. 5721-1 of the general code of territorial authoritieswhere such bodies exercise competence in the collection or treatment of wastes;
« 6° The heads of the deconcentrated services of the State concerned or their representatives, appointed by the prefects;
« 7° Directors of regional health agencies in the area covered by the plan or their representatives;
« 8° A representative of the Environment and Energy Control Agency;
« 9° Representatives of local chambers of commerce and industry, chambers of agriculture and chambers of trade and crafts of the area covered by the plan;
« 10° Representatives of professional organizations involved in the production and management of wastes and representatives of accredited bodies pursuant to articles R. 543-53 to R. 543-65;
« 11° Representatives of accredited environmental protection associations;
« 12° Representatives of registered consumer associations.
“II. ― The presidents of the general councils set out the composition of the commission, appointing the members of its members provided for at 5° I and at 8° to 12° I, and organizing its secretariat.
"III. ― The Commission defines its programme of work and the modalities of its operation.
"IV. ― It is consulted on the draft plan and the environmental report under section L. 122-6. »
VIII. ― Section R. 541-20 is amended as follows:
1° At 3° of I, the words "disposal of special industrial wastes" are replaced by the words "prevention and management of hazardous wastes";
2° I is supplemented by the following:
« 5° To the competent groupings of waste and, when they do not belong to such a grouping of the municipalities concerned by this plan;
6° To the regional councils of the plan area. » ;
3° In II, the words: "These councils, these commissions and" are replaced by the words: "communities and groups and organizations consulted under I as well as";
4° The III is deleted.
IX. ― The following provisions are added at the end of the second paragraph of section R. 541-21: "They are addressed to the administrative authority of the competent state in environmental matters. »
X. ― The I of Article R. 541-22 is thus written: "I. ― The draft plan, together with the environmental report, is subject to public inquiry in accordance with chapter III of Book I, title II. »
XI. ∙ The second paragraph of section R. 541-23 is replaced by the following:
"A copy of the plan, the environmental report and the declaration provided for in 2° I of Article L. 122-10 shall, within two months of its approval, be filed at the headquarters of the General Council or, in Ile-de-France, the Regional Council. A copy of these documents is sent within the same time to the Minister for the Environment, to the Prefect or, in Ile-de-France, to the Minister for the Environment, to the Prefect of the Region, to the Prefects of the Departments and to the Presidents of the General Councils of the Region. »
XII. ― The second paragraph of section R. 541-24 is replaced by the following:
"A copy of the plan, the environmental report and the declaration provided for in 2° I of Article L. 122-10 shall, within two months of its approval, be filed at the prefecture and in each sub-prefecture of the area covered by the plan. In Ile-de-France, a copy of the same documents is filed within this period at the prefecture of the region and in each department prefecture. A copy of these documents is sent within the same time to the Minister for the Environment and to the President of the General Council or, in Ile-de-France, to the Minister for the Environment, to the President of the Regional Council, to the Presidents of the General Councils and to the prefects of the departments of that region. »
XIII. ― After section R. 541-24, two articles R. 541-24-1 and R. 541-24-2 are added:
"Art. R. 541-24-1.-The competent authority shall submit to the Advisory Committee for Development and Follow-up, at least once a year, a report on the implementation of the plan.
"This report contains:
« 1° Substantial changes in the initial location of waste management, in particular the identification of waste treatment facilities authorized since the approval of the plan;
« 2° Monitoring of the indicators defined by the plan and analysis of the results achieved;
« 3° Description of the actions implemented to improve the enhancement of compost from the organic waste fraction.
"Art. R. 541-24-2.-The plan is evaluated every six years.
"I. ― This evaluation contains:
« 1° A new state of waste management in accordance with Article R. 541-14;
« 2° The synthesis of annual follow-ups, which includes, in particular, the assessment of the indicators defined by the plan;
« 3° A comparison between the new state of waste management and the initial objectives of the plan.
“II. ― This assessment and the conclusions on the need for a partial or complete revision of the plan are submitted, for advice, to the Advisory Committee for the Development and Follow-up of the Plan and to the Prefect or, in Ile-de-France, to the Prefect of the Region. The legislative body then decides on the principle and extent of the revision by deliberation that is published in the compendium of the General Council's deliberations or, in Ile-de-France, in the compendium of the regional council's deliberations. »
XIV. ― In the last paragraph of R. 541-25, the reference: "L. 541-2-1" is added after the reference: "L. 541-2".
XV. ― In R. 541-26, the words: "disposal of household waste" are replaced by the words: "prevention and management of non-hazardous waste".
XVI. ― I. ― In R. 541-27, the words: "at household and assimilated waste disposal plans whose development was decided after January 23, 2002" are deleted.
II. ― The same article is supplemented by a sub-paragraph as follows: "By applying the c of 3° of II of Article L. 541-14, the annual capacity for incineration and storage of non-hazardous non-inert wastes at the end of twelve years referred to in Article 4 R. 541-14 that the plan for the prevention and management of non-hazardous waste may not exceed 85% of the quantity of waste in Cors. It is calculated on the terms and conditions provided for in Article R. 541-14. »
XVII. ― After section R. 541-27, the title: "Paragraph 2: Waste collection" is deleted.
XVIII. ― Section R. 541-28 is replaced by the following:
"Art. D. 541-28.-By application of the c of 3° of the II of Article L. 541-14, the annual capacity for incineration and storage of non-inert non-dangerous wastes at the end of twelve years referred to in the 4th of Article R. 541-14 that the plan for the prevention and management of non-hazardous waste cannot be superior in Corsica, Guadeloupe, Guyana, Martinique It is calculated on the terms and conditions provided for in Article R. 541-14. »
I. ― The title of sub-section 2 of chapter I, section 2, title IV of Book V becomes "Plans for the Prevention and Management of Hazardous Wastes".
II. Sections R. 541-29 and R. 541-30 are replaced by the following:
"Art. R. 541-29. - The purpose of the Hazardous Waste Prevention and Management Plans set out in Article L. 541-13 is to coordinate all actions undertaken by both the public authorities and by private bodies to ensure the achievement of the objectives set out in Articles L. 541-1, L. 541-2 and L. 541-2-1. They shall be established under the terms and conditions defined in this subsection.
"Art. R. 541-30. - Hazardous Waste Prevention and Management Plans are composed of:
"I. ― A state of hazardous waste management, excluding waste from the plan referred to in section L. 541-14-1, which includes:
« 1° An inventory of the types, quantities and origins of hazardous waste produced and processed;
« 2° A description of the organization of the management of these wastes;
« 3° A census of existing, collective and internal facilities for the treatment of these wastes;
« 4° A census of energy production capacities related to the treatment of these wastes;
« 5° A census of waste treatment facility projects for which an application for authorization to operate under title I of this book has already been filed;
« 6° Where appropriate, lessons learned from crisis situations, including pandemic, natural disaster or marine or river pollution, where the normal organization of waste collection or treatment has been affected.
"The censuses provided for in 3° and 4° are established on the date of the opening of the advisory board's notice of development and follow-up referred to in R. 541-36.
“II. a hazardous waste prevention program, excluding waste from the plan referred to in Article L. 541-14-1, which defines:
« 1° Objectives and indicators for waste prevention measures and the assessment method used;
« 2° The priorities to achieve these goals.
"III. – A hazardous waste management planning that includes:
« 1° A forward-looking six-year and twelve-year inventory of wastes to be processed according to their origin and type by integrating preventive measures and predictable demographic and economic developments. This inventory does not include waste under the plan referred to in Article L. 541-14-1;
« 2° Objectives and indicators for the development of these wastes as well as methods for the development and monitoring of these indicators;
« 3° The priorities to achieve these objectives;
« 4° The types and capacities of the facilities that it appears necessary to create in order to manage hazardous wastes and to achieve the objectives mentioned above, taking into account the hazardous waste from construction sites and public works identified by the plan referred to in section L. 541-14-1. The plan outlines the geographic areas that appear to be best suited to this effect;
« 5° The description of the organization to be put in place to ensure the management of wastes in exceptional situations that may affect the normal organization of the collection or treatment of wastes, in particular in the event of a pandemic, natural disaster or marine or river pollution and the identification of areas to be allocated to waste treatment activities in such situations.
"IV. ― Measures taken for the management of hazardous waste from products under the provisions of Article L. 541-10.
"Art. R. 541-30-1. - Where the plan provides for certain types of specific hazardous wastes the possibility for waste producers and waste holders to derogate from the hierarchy of waste treatment modes defined in Article L. 541-1, it justifies such exemptions given the overall environmental and human health effects, technical feasibility and economic sustainability. »
III. ― In the first paragraph of section R. 541-32, the words "disposal of special industrial wastes" are replaced by the words "prevention and management of hazardous wastes".
IV. ― Section R. 541-33 is amended as follows:
1° In the first paragraph, the words "disposal" are replaced by the words "prevention and management" and the words "transport and treatment" are replaced by the words "management";
2° In the third paragraph, the words "as mentioned in article R. 541-29" are replaced by the words "hazardous".
V. ― In R. 541-32, the words: "Special Industrial Waste Disposal Plan" are replaced by the words: "Hazardous Waste Prevention and Management Plan".
VI. ― The second paragraph of Article R. 541-33 is thus written: "The competent authority defines the geographic area covered by the plan, known as the "plan area", taking into account industrial basins. »
VII. ― Section R. 541-34 is amended as follows:
1° In I, the words "elimination" are replaced by the words "management";
2° At 1° of I are added the words: "and presidents of the general councils of the region or their representatives";
3° At 5° of I, after the words: "and energy control" are added the words: "from the regional health agency".
VIII. ∙ Section R. 541-35 is replaced by the following:
"Art. R. 541-35. - I. In the event that the plan is interregional, it is established a single advisory committee for development and follow-up. It is composed:
« 1° Chairs of regional councils or their representatives;
« 2° Prefects of region or their representatives;
« 3° Representatives of the regional councils designated by them;
« 4° Heads of the deconcentrated services of the State concerned or their representatives designated by the prefects of the region;
« 5° Directors of regional health agencies in the plan area or their representatives;
« 6° Chairs of the General Councils of the Plan Area or their representatives;
« 7° Representatives of State public institutions, including the Environment and Energy Control Agency, and territorially competent water agencies;
« 8° Representatives of regional chambers of commerce and industry, regional chambers of agriculture and regional chambers of trade and crafts;
« 9° Representatives of professional organizations involved in the production and management of wastes;
« 10° Representatives of accredited environmental protection associations.
“II. ― The chairs of the regional councils set the composition of the commission, designate those of its members provided for in the 7th to 10th of I and organize its secretariat.
"III. ― The Commission defines its programme of work and the modalities of its operation.
"IV. ― It is consulted on the draft plan and the environmental report under section L. 122-6. »
IX. ― The III of Article R. 541-36 is supplemented by the following provisions: "The draft plan and the environmental report are addressed to the competent state environmental authority. »
X. ― The second and third paragraphs of section R. 541-39 are replaced by the following:
"A copy of the plan, environmental report and the declaration provided for in 2° I of section L. 122-10 shall be filed within two months of its approval at the headquarters of the Regional Council. A copy of these documents is sent within the same time to the Minister for the Environment, the Prefect of the Region and the prefects of the departments and the presidents of the General Councils of the Region.
"When the plan is developed by the regional prefect, it approves it by order published in the compendium of administrative acts of the regional prefecture. A copy of the plan, the environmental report and the declaration provided for in 2° I of Article L. 122-10 shall be filed within two months of its approval at the headquarters of each of the prefectures and sub-prefectures of the departments of the region. A copy of these documents is sent within the same time to the Minister for the Environment, to the President of the Regional Council and to the prefects of the departments and to the Presidents of the General Councils of the region. »
XI. ∙ The 3° of Article R. 541-36 is replaced by the following:
« 3° In each of the departments of the plan area, the Advisory Committee for Development and Monitoring established in accordance with section R. 541-18 and the General Council".
XII. ― After section R. 541-39 are added two articles R. 541-39-1 and R. 541-39-2 as follows:
"Art. R. 541-39-1. - The competent authority shall submit to the advisory committee for the development and monitoring at least once a year a report on the implementation of the plan.
"This report contains:
« 1° Substantial changes in the initial location of waste management, in particular the identification of waste treatment facilities authorized since the approval of the plan;
« 2° Monitoring of the indicators defined by the plan.
"Art. R. 541-39-2. - The plan is evaluated every six years.
"I. ― This evaluation contains:
« 1° A new state of waste management in accordance with Article R. 541-30;
« 2° The synthesis of annual follow-ups, which includes, in particular, the assessment of the indicators defined by the plan;
« 3° A comparison between the new state of waste management and the initial objectives of the plan.
“II. ― This assessment and the conclusions on the need to partially or completely revise the plan are submitted, for advice, to the Advisory Committee for the Development and Follow-up of the Plan and to the Prefect of the Region. The legislative body then rules on the principle and extent of the revision by deliberation that is published in the compendium of the General Council's deliberations or, in Ile-de-France, in the compendium of the regional council's deliberations. »
XIII. ― In R. 541-40, the words: "have a minor character and" are deleted and the reference: "L. 541-24" is replaced by the reference: "L. 541-2-1".
XIV. ― In R. 541-41, the words: "In industrial waste disposal plans, which were decided after 23 January 2002" are deleted.
The following provisions are inserted after section R. 541-41:
"Subsection 3
“ Waste prevention and management plans
construction and public works
"Art. R. 541-41-1.-The purpose of the waste prevention and management plans from construction sites and public works set out in Article L. 541-14-1 is to coordinate all actions undertaken by both the public authorities and private bodies to ensure the achievement of the objectives set out in Articles L. 541-1, L. 541-2 and L. 541-2-1. They shall be established under the terms and conditions defined in this subsection.
"Art. R. 541-41-2.- Waste prevention and management plans from construction sites and public works are composed of:
"I. ― A state of waste management from building sites and public works that includes:
« 1° An inventory of the types, quantities and origins of waste from construction sites and public works produced and processed;
« 2° A description of the organization of the management of these wastes;
« 3° A census of existing facilities for transit, sorting and processing these wastes.
"This census is prepared on the date of the opinion of the Advisory Committee for Development and Follow-up referred to in section R. 541-41-9.
“II. ― A waste prevention programme from construction sites and public works.
"III. – Waste management planning that includes:
« 1° A forward-looking six-year and twelve-year inventory of wastes from construction sites and public works to be processed according to their origin and type by integrating preventive measures and predictable demographic and economic developments;
« 2° Objectives and indicators on measures to enhance the material of these wastes and to reduce stored quantities;
« 3° The priorities to achieve these objectives;
« 4° The types and capacities of the facilities that it appears necessary to create in order to manage inert non-hazardous wastes and to achieve the above objectives, taking into account the inert non-hazardous waste identified by the plan referred to in section L. 541-14. The plan identifies the geographic areas that appear to be best suited to this effect.
"Art. R. 541-41-3.-When the plan provides for certain types of waste from construction sites and specific public works the possibility for waste producers and holders to deviate from the hierarchy of waste treatment modes defined in Article L. 541-1, it justifies these exemptions given the overall effects on the environment and human health, technical feasibility and economic viability.
"Art. R. 541-41-4.-The development of the plan and its revision are subject to an environmental assessment under the conditions set out in sections L. 122-4 to L. 122-11 and R. 122-17 to R. 122-24.
"Art. R. 541-41-5.-In the event that no plan for the prevention and management of waste from construction sites and public works has been prepared, the prefect, or, in Ile-de-France, the prefect of the region, may invite the competent authority to develop the plan and conduct its environmental assessment. This request is motivated and time-limited.
"At the end of this period, the prefect, or, in Ile-de-France, the prefect of the region, may, by reason of request, request the competent authority to have the plan approved by the legislative body.
"If, at the expiry of a period of eighteen months following the latter request, the draft plan has not been approved, the prefect, or, in Ile-de-France, the prefect of the region, shall replace, by reasoned order, the competent authority to prepare the plan under the conditions of this paragraph. This Order is published in the compendium of administrative acts of the prefecture of department and in the compendium of the deliberations of the General Council or in Ile-de-France, in the compendium of administrative acts of the prefecture of region and in the compendium of the deliberations of the Regional Council.
"Art. R. 541-41-6.-I. ― The decision to develop an interdepartmental plan is taken jointly, at the initial stage or at the revision stage, by the respective authorities of two, or exceptionally several neighbouring departments. This plan shall be prepared or revised by each of these authorities in accordance with the procedures applicable to each department in question, as defined by this paragraph.
"The same authorities can decide, on the occasion of the review, that each department will have its own plan in the future.
“II. ― The competent authority defines the geographic area covered by the plan, known as the "plan area", taking into account life or economic basins.
"Art. R. 541-41-7.-I. ― In each department, apart from those in the Ile-de-France region, and in Ile-de-France, in the region, an advisory committee for the development and follow-up includes:
« 1° The President of the General Council or his representative or, in Ile-de-France, the Chairman of the Regional Council or his representative. The Committee shall preside over the commission except in the case provided for in 2°;
« 2° The prefect or his representative or, in Ile-de-France, the prefect of the region or his representative. The Board shall preside until the approval of the plan or its revision has been made when it has decided to replace the competent authority under the conditions set out in Articles R. 541-41-5 and R. 541-41-14;
« 3° The chair of the regional council or its representative or, in the Ile-de-France region, the prefects and presidents of the general councils or their representatives;
« 4° Representatives of the general council designated by him or, in Ile-de-France, representatives of the regional council designated by him;
« 5° Representatives of the municipalities designated by the departmental associations of the mayors or, if not, by the college of the mayors of the area of the plan, of which at least two under the groupings mentioned in the Articles L. 5212-1, L. 5214-1, L. 5215-1, L. 5216-1, L. 5332-1, L. 5711-1 and L. 5721-1 of the general code of territorial authoritieswhere such bodies exercise competence in the collection or treatment of wastes;
« 6° The heads of the deconcentrated services of the State concerned or their representatives, appointed by the prefect or, in Ile-de-France, by the prefect of the region;
« 7° The director of the regional health agency or his representative;
« 8° A representative of the Environment and Energy Control Agency;
« 9° Representatives of local chambers of commerce and industry, chambers of agriculture and chambers of trade and crafts of the area covered by the plan;
« 10° Representatives of professional organizations involved in the production and management of wastes;
« 11° Representatives of accredited environmental protection associations;
« 12° Representatives of registered consumer associations.
“II. ― The competent authority shall determine the composition of the commission, shall appoint those of its members provided for in 5° I and 8° to 11° I and shall designate the service entrusted to its secretariat.
"III. ― The Commission defines its programme of work and the modalities of its operation.
"IV. 5It is consulted on the draft plan and the environmental report under section L. 122-6.
"Art. R. 541-41-8.-I. ― In the event that the plan is interdepartmental, it is established a single advisory committee for development and follow-up. It includes:
« 1° Presidents of the General Councils or their representative;
« 2° Prefects or their representative;
« 3° Chairs of the regional councils of the plan area or their representative;
« 4° Representatives of the General Councils designated by them;
« 5° Representatives of the municipalities designated by the departmental associations of the mayors or, if not, by the college of the mayors of the area of the plan, of which at least two under the groupings mentioned in the Articles L. 5212-1, L. 5214-1, L. 5215-1, L. 5216-1, L. 5332-1, L. 5711-1 and L. 5721-1 of the general code of territorial authoritieswhere such bodies exercise competence in the collection or treatment of wastes;
« 6° The heads of the deconcentrated services of the State concerned or their representatives, appointed by the prefects;
« 7° Directors of regional health agencies in the area covered by the plan or their representative;
« 8° A representative of the Environment and Energy Control Agency;
« 9° Representatives of local chambers of commerce and industry, chambers of agriculture and chambers of trade and crafts of the area covered by the plan;
« 10° Representatives of professional organizations involved in the production and management of wastes;
« 11° Representatives of accredited environmental protection associations;
« 12° Representatives of registered consumer associations.
“II. ― The presidents of the general councils set the composition of the commission, appointing the members of its members provided for in 5° I and 8° to 10° I and organizing its secretariat.
"III. ― The Commission defines its programme of work and the modalities of its operation.
"IV. ― It is consulted on the draft plan and the environmental report under section L. 122-6.
"Art. R. 541-41-9.-I. ― The competent authority, after having collected the advice of the Advisory Committee on Development and Monitoring, shall submit for advice the draft plan and the environmental report referred to in Article L. 122-6:
« 1° To the general councils of the neighbouring departments of the plan area. The plans of the neighbouring departments of the Ile-de-France region are submitted to the advice of the Ile-de-France Regional Council. In Ile-de-France, the competent authority also collects the advice of the general councils of the departments of the region;
« 2° To the regional councils of the plan area;
« 3° To the competent departmental commission in the field of environment, health and technological risks or, in Ile-de-France, to the competent departmental commissions in the field of environment, health and technological risks of the departments of the region;
« 4° To the advisory committee for the development and monitoring of the development and application of the plan(s) for the prevention and management of hazardous wastes, established in accordance with R. 541-34 or R. 541-34-1, territorially competent for the area covered by the plan;
« 5° To the advisory committee for the development and monitoring of the development and application of the plan(s) for the prevention and management of non-hazardous waste, established in accordance with R. 541-18 or R. 541-18-1, territorially competent for the area covered by the plan;
« 6° To the prefect or, in Ile-de-France, to the prefect of the region, when the plan is not elaborated or revised under its authority.
“II. ― In the absence of a response within the three-month period from the date of their referral, these boards, these commissions and, where appropriate, the Prefect or Prefect of the Ile-de-France region are deemed to have given a favourable opinion to the draft plan and the environmental report.
"Art. R. 541-41-10.-The draft plan and the environmental report may be amended to reflect the views referred to in R. 541-41-9.
"The draft plan and the environmental report are then decided by the legislative body. They are addressed to the administrative authority of the competent state in environmental matters.
"In the three-month period from this deliberation, the prefect, or, in Ile-de-France, the prefect of the region, may request a new deliberation by letter.
"Art. R. 541-41-11.-I. ― The draft plan, together with the environmental report, is subject to a public inquiry conducted in accordance with Chapter III of Title II of Book I of this Code.
“II. ― The investigation file includes:
« 1° An explanatory notice specifying the purpose of the investigation, the scope of the draft plan and the justifications for the main measures it entails;
« 2° The environmental report and the notices issued on the project pursuant to sections R. 541-41-9 and R. 541-41-10.
"Art. R. 541-41-12.-The plan is approved, as the case may be, by deliberation of the General Council or, in Ile-de-France, of the Regional Council. This deliberation is published in the compendium of the deliberations of the General Council or, in Ile-de-France, in the compendium of the deliberations of the Regional Council.
"A copy of the plan, the environmental report and the declaration provided for in 2° of the I of Article L. 122-10 shall be deposited at the headquarters of the General Council or, in Ile-de-France, of the Regional Council. A copy of these documents is sent to the Minister for the Environment, the Prefect or, in Ile-de-France, the Minister for the Environment, the Prefect of the Region, the Prefects of the Departments and the Presidents of the General Councils of the Region.
"The act of approval of the plan is also the subject of insertion into two newspapers broadcast in the area covered by the plan.
"Art. R. 541-41-13.-When the plan is prepared or revised by the prefect or, in Ile-de-France, by the prefect of the region, under the conditions provided for in articles R. 541-41-5 and R. 541-41-15, it is approved by decree published in the compendium of the administrative acts of the prefecture or, in Ile-de-France, in the collection of the administrative acts of the prefecture of the prefecture.
"A copy of the plan, the environmental report and the declaration provided for in 2° I of Article L. 122-10 shall, within two months of its approval, be filed at the prefecture and in each sub-prefecture of the area covered by the plan. In Ile-de-France, a copy of the same documents is filed within this period at the prefecture of the region and in each department prefecture. A copy of these documents is sent within the same time to the Minister for the Environment, to the President of the General Council or, in Ile-de-France, to the Minister for the Environment, to the President of the Regional Council, to the Presidents of the General Councils and to the prefects of the departments of that region.
"The act of approval of the plan is also the subject of insertion into two newspapers broadcast in the area covered by the plan.
"Art. 541-41-14.-The competent authority shall submit to the Advisory Committee for Development and Follow-up, at least once a year, a report on the implementation of the plan.
"This report contains:
« 1° Substantial changes in the initial location of waste management, in particular the identification of waste treatment facilities authorized since the approval of the plan;
« 2° Monitoring of the indicators defined by the plan.
"Art. R. 541-41-15.-The plan is evaluated every six years.
"I. ― This evaluation contains:
« 1° A new state of waste management in accordance with Article R. 541-41-2;
« 2° The synthesis of annual follow-ups, which includes, in particular, the assessment of the indicators defined by the plan;
« 3° A comparison between the new state of waste management and the initial objectives of the plan.
“II. ― This assessment and the conclusions regarding the need to partially or completely revise the plan are submitted to the Advisory Committee for the Development and Follow-up of the Plan and to the Prefect or, in the Ile de France, to the Prefect of the Region. They are then arrested by the legislative and published body.
"Art. R. 541-41-16.-The plan is revised in the forms planned for its development.
"However, if the overall economy of the plan is not questioned during its revision, there is no public inquiry. The commission under section R. 541-41-7 or section R. 541-41-8 is consulted on the use of this simplified procedure.
"When a plan is reviewed, it remains applicable until the date of publication of the act approving the plan from that revision.
"If he considers that this is necessary for the achievement of the objectives set out in articles L. 541-1, L. 541-2 and L. 541-2-1, the prefect or, in Ile-de-France, the prefect of the region may, for the purpose of reviewing the plan, implement the procedure provided for in article R. 541-41-5.
"Art. R. 541-41-17.-The waste prevention and management plans from construction sites and public works that are the subject of a simplified review procedure pursuant to section R. 541-41-16 only give rise to an update of the environmental assessment carried out during their development.
"Art. R. 541-41-18.-R. 541-41-4 to R. 541-41-17 do not apply in Corsica. »
I. ― The title of chapter I, section 3, title IV, of Book V becomes "Treatment of waste".
II. ― Section R. 541-43 is amended as follows:
1° The first two paragraphs are replaced by the following:
"Operators of waste-producing or shipping establishments, collectors, carriers, merchants and operators of transit, grouping or waste-processing facilities maintain a chronological record of the production, shipping, receipt and processing of wastes. This register is kept for at least three years. » ;
2° In the following paragraph, the words: "people who deposit waste in the first paragraph of section R. 541-42 or hand it over to a small quantity collector" are deleted.
III. ― In article R. 541-44, the words: "as mentioned in the first paragraph of article R. 541-42 of this code" are deleted, the word "as" is deleted, the words: "processing done" are added after the words: "quantities".
IV. ― Section R. 541-45 is amended as follows:
1° In the first paragraph, the words: "in the first paragraph of section R. 541-42" are replaced by the words "hazardous or radioactive waste", the words: "carriers" are replaced by the words "gatherers and carriers";
2° At the end of the sixth preambular paragraph, the following words are added: ", the persons referred to in article 22, paragraph 1, of Regulation No. 1069/2009 of the European Parliament and of the Council of October 21, 2009 establishing sanitary rules applicable to animal by-products and derivatives not intended for human consumption and repealing Regulation No. 1774/2002".
V. ― Section R. 541-46 is replaced by the following provisions:
"Art. R. 541-46.-Operators of facilities referred to in section L. 214-1 subject to authorization or reporting or facilities referred to in section L. 511-1 subject to authorization, registration or reporting that deal with substances or objects that are waste so that they cease to be waste in accordance with section L. 541-4-3 maintain a chronological record of the nature, treatment and shipment.
"They provide the competent authority with an annual statement on the nature and quantities of these substances or objects that leave their installation. »
VI. ― Section R. 541-47 is repealed.
VII. ― 1° to 3° of R. 541-48 are replaced by the following:
« 1° The contents of the records mentioned in articles R. 541-43 and R. 541-46;
« 2° The format, content and modalities for the transmission of statements referred to in articles R. 541-44 and R. 541-46;
« 3° The templates, content and terms and conditions for the management of the slip referred to in R. 541-45."
Section 4 of Chapter I of Book IV is amended to read:
I. ― The title of chapter I, section 4, of title IV of Book V becomes " Collect, transport, trade and brokerage of waste". This section includes sections R. 541-49 to R. 541-61-1.
II. ― The title of sub-section 1 of section 4 of chapter I of title IV of Book V becomes "General Provisions".
III. ― In the first paragraph of section R. 541-49, the words "collection" are added before the words "transport" and in the second paragraph of this article the words "collection" are deleted.
IV. ― The title of subsection 1 of subsection 1 of section 4 of chapter I, title IV of Book V becomes "From the collection and transport of waste".
V. ― After paragraph 1 of subsection 1 of section 4 of chapter I, title IV, of Book V, an article R. 541-49-1 is inserted as follows:
"Art. R. 541-49-1.-For the purposes of this title, a separate collection means a collection in which a waste stream is kept separately according to its type and nature in order to facilitate a specific treatment. »
VI. ― Section R. 541-50 is amended as follows:
1° In I, the words: "collection and" are added before the words: "transport";
2° In II, the words: "household garbage" are replaced by the words: "household waste";
3° In II, the following provisions are added:
« 5° Companies delivering new products and equipment that collect wastes similar to these products and equipment from end-users, including their packaging, as part of their distribution activity. »
VII. ― In R. 541-51, the words "recovery and disposal" are replaced by the words "management".
VIII. ― In R. 541-53, the word "vehicle" is replaced by the words "gathering or transport equipment".
IX. ― In R. 541-54, the words "collection" are added before the words "transport".
X. ― In subsection 2 of subsection 1, an article R. 541-54-1 is added before section R. 541-55, as follows:
"Art. R. 541-54-1.-For the purposes of this title, it is understood that:
« 1° Negotiator: any waste management actor who undertakes for his own account the acquisition and subsequent sale of waste, including traders who do not physically take possession of waste. The merchant shall hold waste within the meaning of this chapter;
« 2° Broker: any waste management actor who organizes waste recovery or disposal on behalf of third parties, including brokers who do not physically take possession of waste. A third party on whose behalf the valuation or disposal is organized shall be held waste within the meaning of this chapter. »
XI. ― In R. 541-58, the words "collection" are added before all words: "transport".
XII. ― In R. 541-59, the words "the collector" are added before the words "the carrier", the words "collection" are added before all words: "transport", the reference: "L. 541-2" is replaced by the reference: "L. 541-1".
XIII. ― In R. 541-60, the words: "Article 12 of Council Directive 75/442 of 15 July 1975 on wastes" are replaced by the words: "Article 26 of Directive 2008/98/EC of the European Parliament and the Council of 19 November 2008 on wastes and repealing certain directives".
XIV. ― The second part of article R. 541-61 is as follows:
« 2° Provisions relating to collection or transport equipment and collection or transport. »
XV. ― After section R. 541-61 the following provisions are inserted:
"Subsection 2
" Collecting household and assimilated waste
"Art. R. 541-61-1.-The rules relating to the collection and processing of household wastes assimilated by territorial authorities are set by the Articles R. 2224-23 to R. 2224-29 of the General Code of Territorial Communities. »
XVI. ― In articles R. 541-49, R. 541-50, R. 541-58, R. 541-59 and R. 541-60, the words "by road" are deleted.
Sub-section 2 of chapter I, section 4, title IV of Book V and sections R. 541-62 to R. 541-64 are replaced by the following:
“Section 5
“Special provisions
Transboundary Movements of Wastes
"Art. R. 541-62.-I. ― The competent shipping authority within the meaning of the 19th of Article 2 of the Community Regulation referred to in Article L. 541-40 is the prefect of the department from which waste is transferred to a Member State of the European Union or a third State.
"When the wastes intended to be transferred are previously collected from several holders, the facility in which these wastes are grouped before the transfer is the single shipping site referred to in Part II of Article L. 541-40.
“II. ― The competent authority of destination within the meaning of Article 2 of the Community Regulation referred to in Article L. 541-40 is the prefect of the department in which the transfer ends. In the event of a mixture of waste that no longer identifies its origin, the end of the transfer shall be found in the first facility referred to in section L. 511-1 subject to authorization or registration that makes such a mixture in the national territory.
"III. - The competent transit authority within the meaning of the 21st of section 2 of the Community Regulation referred to in section L. 541-40 is the Minister responsible for the environment.
"Art. R. 541-63.-In the event of collection on the national territory and the consolidation of waste intended to be exported, the notifier shall specify the origin of the waste and the contact information of their producers in the notification document and the movement documents set out in Annex IA and Annex IB of the Community Regulation referred to in Article L. 541-40.
"The provisions of this Article shall not apply if the wastes so collected and grouped are, prior to export, undergo a mixture that no longer allows to identify their origin, provided that it is made in a facility referred to in Article L. 511-1 subject to authorization or registration.
"Art. R. 541-64.-For the purposes of section 6 of the Community Regulation referred to in section L. 541-40, the financial guarantee is an autonomous first-time guarantee within the meaning ofArticle 2321 of the Civil Code.
"This guarantee is certified by the credit institution, the institution mentioned at theArticle L. 518-1 of the Monetary and Financial Code or the insurance company that issued it. It shall be constituted for the benefit of the competent authority designated under section R. 541-62.
"In case of transfer where the place of shipment and place of destination is located on the national territory but transiting by one or more Third States, the financial guarantee referred to in the preceding paragraphs may be constituted for the benefit of the competent authority designated under Article R. 541-62.
"Art. R. 541-64-1.-In the event of the importation of waste from a third State to the European Union or the European Free Trade Association, where the competent foreign shipping authority does not require a financial guarantee, the notifier shall, for the benefit of the competent French authority, provide a financial guarantee in accordance with the provisions of Article R. 541-64 and Article 6 of the Community Regulation referred to in Article L. 541-
"The constitution of this financial guarantee is not required when a guarantee of the same amount is required by the competent foreign shipping authority, provided that the notifier demonstrates the constitution of this guarantee for the benefit of the competent foreign shipping authority.
"A supplementary financial guarantee shall be made for the benefit of the competent French authority where the guarantee required by the competent foreign shipping authority is less than that required under the first paragraph. The amount of this supplementary financial guarantee is equal to the difference between the guarantee made with the foreign competent authority and that which would have been required by the national competent authority under the first paragraph.
"Art. R. 541-64-2.-In the event of the importation of waste under the conditions provided for in Article 6, paragraph 6, of the Community Regulation referred to in Article L. 541-40, the notifier shall, for the benefit of the French competent authority, be the new guarantee provided for in this regulation.
"The provisions of the preceding paragraph shall not apply if the facility that performs the intermediate operation under the conditions set out in section 6, paragraph 6, of the Community Regulation is a facility referred to in section L. 511-1 subject to authorization or registration.
"Art. R. 541-64-3.-The document certifying the constitution of the financial guarantee due shall be forwarded to the French competent authority beneficiary within 30 days of the date on which the French competent authority transmitted its acknowledgement of receipt of the notification file to the person organizing the transfer. Consent to the transfer of the competent shipping authority may not be issued in the absence of this document.
"Art. R. 541-64-4.-An order of the Minister for the Environment specifies the terms and conditions for the certification and calculation of the guarantees referred to in this section. »
I.-Section 5 of chapter I of Book V title IV becomes section 6.
II. ― The second sentence of article R. 541-65 is deleted.
III. ― After article R. 541-65 is added an article R. 541-65-1 as follows:
"Art. R. 541-65-1.-For facilities referred to in this section, the police authority referred to in section L. 541-3 is the prefect. »
IV. ― Section R. 541-66 is amended as follows:
1° In I, the word "four" is replaced by the word "six";
2° The 3° to 5° of the II are replaced by the following:
« 3° A notice describing the initial state of the site, including geological and hydrogeological characteristics;
« 4° The description of the types of waste and the maximum annual quantity that is expected to be deposited in the facility, its origin and the expected duration of operation and the total amount of waste deposited during that period. The manner in which the project is compatible with the implementation of the plan under Article L. 541-14-1 must also be indicated;
« 5° An analysis of the direct and indirect, temporary and permanent effects of the facility on the environment, in relation to the interests referred to in section R. 541-70, as well as the steps that will be taken to prevent the inconveniences that may be caused by the operation of the facility and any measures necessary to ensure the protection of these interests. » ;
3° At 8° of II, the words "and financial" are added after the word "technical";
4° II is supplemented by the following:
« 9° If applicable, the assessment of Natura 2000 implications under section R. 414-19."
V. ― Section R. 541-68 is amended as follows:
1° The first paragraph is supplemented by the following sentence: "If it is impossible to rule within this period, the prefect may, by reason of order, set a new time limit that cannot exceed six months. » ;
2° The item is supplemented by the following paragraph:
"If the facility is intended to accommodate asbestos waste related to inert materials, the order is published in the mortgage office of the property situation at the applicant's expense. »
VI. ― Section R. 541-69 is replaced by the following:
"Art. R. 541-69.-The Authorization Order and, where applicable, the Supplementary Orders shall, in particular, establish the conditions for the admission of waste, the rules for the operation of the site and the conditions for its redevelopment at the end of the operation, in respect of the interests referred to in R. 541-70. »
VII. ― In II of article R. 541-70, the words "and financial" are added after the word "technical".
VIII. ― Article R. 541-71 is as follows:
"Art. R. 541-71.-Any modification that is planned to be made under the conditions of admission of the waste, the rules of operation of the site, or the conditions of its redevelopment at the end of the operation, must be brought before it to the knowledge of the prefect with all the elements of appreciation.
"If this amendment is likely to result in significant hazards or disadvantages to the interests referred to in R. 541-70, the Prefect invites the operator to file a new application for authorization. This application is instructed under the same conditions as the original authorization.
"In other cases, the prefect shall, where appropriate, establish additional requirements in the forms provided for in Article R. 541-72. »
IX. ― The first sentence of article R. 541-72 is as follows:
"The prefect may determine, in the course of operation, all the additional requirements that the protection of interests mentioned in Article R. 541-70 makes necessary or mitigate those of the original requirements whose maintenance is no longer justified. »
X. ― Section R. 541-74 is replaced by the following:
"Art. R. 541-74.-When a facility changes to operate, the new operator makes the declaration to the prefect in the month following the management of the operation.
"This statement mentions, if it is a natural person, the names, names and domiciles of the new operator and, if it is a legal person, its name or social reason, its legal form, the address of its head office and the quality of the signatory of the declaration. It also mentions the technical and financial capabilities of the new operator.
"It is issued a receipt without charge of this statement. »
Section 6 of chapter I of Book IV becomes section 7.
Section 3 of Chapter III of Book IV is amended to read:
I. ― In R. 543-3:
1° In the first paragraph, the words "recovery and disposal" are replaced by the words "management";
2° The second paragraph is replaced by the following:
"All mineral and synthetic oils, lubricants or industrial oils, which have become unfit for the use they were originally intended, such as used oils of combustion engines and transmission systems, lubricant oils, turbine oils and hydraulic systems. » ;
3° In the fourth paragraph, the words "elimination" are replaced by the words "treatment";
4° The fifth preambular paragraph is repealed;
5° It is added a paragraph to read:
"Regeneration of used oils means any recycling operation that can mainly produce mineral and synthetic oils, lubricants or a refinement of used oils, including the extraction of contaminants, oxidation products and additives contained in these oils. »
II. ― Section R. 543-4 is amended as follows:
1° In the first paragraph, the word "stort" is replaced by the word "stort";
2° In the second paragraph, the word "disposal" is replaced by the word "treatment".
III. ― Section R. 543-5 is amended as follows:
1° The 2° is replaced by the following:
« 2° Be sure to transport their used oils themselves:
“(a) In order to hand them over to companies that legally collect used oils in another Member State or in another State Party to the agreement establishing the European Economic Area as long as the transfer of these wastes outside France is carried out in accordance with the provisions of Regulation No. 1013/2006 of the European Parliament and the Council of 14 June 2006 concerning the transfer of wastes;
“(b) Or with a view to placing them directly at the disposal of an operator of a processing facility having obtained either the approval provided for in Article R. 543-13, or an authorization in another Member State of the European Community or in another State Party to the agreement establishing the European Economic Area as soon as the transfer of these wastes outside France is made in accordance with the provisions of Regulation No. 1013/2006 of the European Parliament and the Council of 14 June. » ;
2° At 3°, the words "elimination" are replaced by the words "treatment".
IV.-In the first paragraph of section R. 543-6, the word "elected" is replaced by the word "treated" and the word "eliminator" is replaced by the words "operator of a used oil processing facility".
V. ― Section R. 543-11 is amended as follows:
1° At 2°, the words "storage" are replaced by the words "storage";
2° The 3° is replaced by the following:
« 3° The obligation to dispose of collected oils:
“(a) The operators of a registered processing facility in accordance with the provisions of Article R. 543-13;
“(b) Either companies that legally collect in another Member State, as long as the transfer of these wastes outside France is carried out in accordance with the provisions of Regulation No. 1013/2006 of the European Parliament and the Council of 14 June 2006 concerning the transfer of wastes;
"(c) Either the operators of a processing facility with an authorization obtained in another Member State of the European Community or in another State Party to the agreement establishing the European Economic Area as long as the transfer of these wastes outside France is carried out in accordance with the provisions of Regulation No. 1013/2006 of the European Parliament and the Council of 14 June 2006 concerning the transfer of waste. »
VI. ― Section R. 543-12 is repealed.
VII. ― In the first paragraph of section R. 543-13, the words "disposal" are replaced by the words "treatment".
VIII. ― In R. 543-14, the word "eliminators" is replaced by the word "operators of a used oil processing facility".
IX. ― In R. 543-15, the reference: "R. 543-7" is deleted.
X.-Section R. 543-16 is repealed.
Section 4 of chapter III of Book IV is amended to read:
I. ― Article R. 543-25 is amended as follows:
1° In the second paragraph, the word "eliminate" is replaced by the word "treat";
2° In the third paragraph, the word "disappeared" is replaced by the word "treated".
II.-The last paragraph of section R. 543-29 is repealed.
III. ― Section R. 543-30 is amended as follows:
1° In the first paragraph, the word "disappeared" is replaced by the word "treated";
2° In the last paragraph, the words "elimination" are replaced by the words "treatment".
IV. ― In II of R. 543-32, the words: "reused or recycled" are deleted.
V. ― The first paragraph of section R. 543-34 is replaced by the following:
"Every operator of a fixed waste treatment facility containing PCBs or decontamination and any person performing a replacement removal operation for oils containing PCBs in a processor must have received an approval. »
Section 5 of Chapter III of Book IV is amended to read:
I. ― In R. 543-42 to R. 543-74, the words "used packagings" are replaced each time by the words "package waste".
II. ― Section R. 543-43 is amended as follows:
1° The character is added: "I" before the words: "For the purposes of this subsection";
2° After the first paragraph, the following subparagraphs shall be added:
"The definition of "package" is also based on the following criteria:
« 1° An item is considered to be a packaging if it corresponds to the above definition, without prejudice to any other functions that the packaging may also have, unless the item is an integral part of a product and that it is not necessary to contain, support or retain that product throughout its life cycle and that all elements are intended to be used, consumed or disposed of together;
« 2° Items designed to be filled at the point of sale and single-use items sold, filled or designed to be filled at the point of sale are considered to be packaging as long as they play a packaging role;
« 3° Packaging components and auxiliary elements integrated into the packaging are considered to be parts of the packaging to which they are integrated. Auxiliary elements directly or fixed to a product that play a packaging role are considered to be packagings, unless they are an integral part of a product and all elements are intended to be consumed or disposed of together;
"Examples illustrating the application of these criteria are specified by order of the Minister for the Environment. » ;
3° It is added the character: "II" before the words: "The packaging is constituted only";
4° The last paragraph is as follows:
"III. ― For the purposes of this subsection, "package waste" means any packaging, part or residue covered by the definition of waste contained in Article L. 541-1-1, excluding production residues. »
III. ― Section R. 543-44 is amended as follows:
1° The b of the 1st is replaced by the following:
“(b) The packaging shall be designed, manufactured and marketed in such a way as to allow reuse or reuse, including its preparation for reuse or recycling, and to minimize its impact on the environment in the management of packaging waste or waste from packaging waste processing operations. » ;
2° At the c of the 1°, the words "of the discharge" are replaced by the words "of the storage" and the word "residues" is replaced by the word "waste";
3° In the first paragraph of 2°, the words "reusable character" are replaced by the words "reusable character";
4° At 2°, the word "reusable" is replaced by the word "reusable", the word "reused" is replaced by the word "reemployed";
5° In the second paragraph, the following paragraph shall be inserted after the first paragraph:
" – preparation for reuse: packaging waste must be prepared for further use in accordance with the applicable health and safety rules of workers. »
IV. ― The title of sub-section 2 becomes: "Sage packaging waste".
V. ― Article R. 543-53 is as follows:
"Art. R. 543-53.-This subsection applies to all household packaging wastes. »
VI. ― The third of Article R. 543-54 is deleted.
VII. ― In R. 543-55, the words: "The elimination, within the meaning of the second paragraph of Article L. 541-2," are replaced by the words: "Management".
VIII. ― In R. 543-56, the words "elimination" are replaced by the words "management".
IX. ― In R. 543-57, the words "elimination" are replaced by the words "management" and the reference: "R. 543-59" is replaced by the reference: "L. 541-10".
X. ― After article R. 543-58, an article R. 543-58-1 is added as follows:
"Art. R. 543-58-1.-The terms of reference set out in section L. 541-10 shall state the basis for the financial contribution requested by the registered organization or company to the persons referred to in section R. 543-56 to allow that organization or company to make available to a zero or positive value the waste of packagings sorted by materials industry.
"It refers to the technical requirements to be met, for each material industry, for packaging waste where the approved body or company will pass agreements with packaging or packaging manufacturers for the management of these wastes.
"It finally sets the basis for payments made by the registered organization or company to ensure that territorial authorities are responsible for the costs of collecting, sorting and processing up to 80% of the net cost of an optimized collection and sorting service. »
XI. ―'article R. 543-59 is replaced by the following:
"Art. R. 543-59.-The organization or company referred to in section R. 543-58 shall, in support of its application for approval, justify its technical and financial capacity to carry out the operations required for the management of packaging wastes and indicate the conditions under which it intends to comply with the terms of the terms of the terms of reference set out in section R. 543-58-1.
"He mentions to this effect the objectives he intends to achieve by the agreements he will pass with the persons mentioned in article R. 543-56, on the one hand, the packaging manufacturers or packaging materials, as well as, if any, with the waste collectors and smugglers, on the other hand, and finally with the territorial authorities.
"It specifies the conditions under which it intends to propose to the local authorities a recovery of the waste of packaging sorted, at any point in the national territory, at a single, positive or zero recovery price, by material industry and in equivalent contractual terms.
"It refers to the technical requirements to be met, for each material industry, for packaging waste where the approved body or company will pass agreements with packaging or packaging manufacturers for the management of these wastes. »
XII.-In R. 543-61, the word "recovery" is replaced by the word "collection, sorting, recycling".
XIII. ― In R. 543-63, the words "disposal" are replaced by the words "management" and the words "deposit" are replaced by the words "separate collection".
XIV. ― In R. 543-64, the word "disposed" is replaced by the word "managed".
XV. ― In R. 543-65, the word "recovered" is replaced by the words "collected, sorted, recycled".
XVI. ― In R. 543-66, the words: "The elimination, within the meaning of the second paragraph of Article L. 541-2" are replaced by the words: "Management, within the meaning of Article L. 541-1-1".
XVII. ― Article I R. 543-67 reads as follows:
"I. ― The only treatment modes for packaging wastes referred to in R. 543-66 are preparation for reuse, recycling or any other method of recovery, including energy recovery. »
XVIII.-The second paragraph of Article R. 543-71 is as follows:
"These wastes may be treated in any other facility authorized for this purpose in another Member State of the European Union or in another State, as long as the transfer of these wastes outside the national territory is carried out in accordance with the provisions of Regulation (EC) No. 1013/2006 of the European Parliament and the Council of 14 June 2006 concerning waste transfers. »
XIX.-Article R. 543-72 is amended as follows:
1° In the first paragraph, the words "transport" are replaced by the words "collection, transport" and the words "disposal" are replaced by the words "management";
2° In the second paragraph, the word "disappeared" is replaced by the word "managed" and the word "disposal" is replaced by the word "management".
In the second paragraph of section R. 543-91, the words: "disposal" are replaced by the words: "treatment".
Section 7 of Chapter III of Book IV is amended to read:
I.-In the whole section, the words: "a battery or a used battery" are replaced in each of their occurrences by the words: "a battery waste or accumulator", the words: "used batteries and batteries" are replaced in each of their occurrences by the words: "cell waste and accumulators", the words: "used batteries and portable batteries"
II.-In the 1st of Article R. 543-124, the words "if intended" are replaced by the words "if these equipment are intended".
III.-Article R. 543-125 is amended as follows:
1° At 3°, the words: "possible to be worn" are replaced by the words: "can be worn";
2° The 6th is thus written:
« 6° Is considered as a button battery any cell or portable battery in the form of a small disc, whose diameter is greater than the height and which is used in special applications such as hearing aids, watches, small portable devices or as reserve energy”;
3° At 7°, the words "or used directly" are added before the words "in the national territory".
IV.-At 1° of the table in article R. 543-127, the word "selective" is replaced by the word "separate".
V.-A Article R. 543-128-1, the word: "the ones" is replaced by the words: "the batteries and portable batteries" and the word: "and" is added after the word: "market".
VI.-Section R. 543-128-2 is replaced by the following provisions:
"Art. R. 543-128-2.- Distributors, municipalities, their groupings or the competent joint unions or other holders, including operators of electrical and electronic equipment processing facilities, which conduct the separate collection of wastes of batteries and portable accumulators, store them in conditions that ensure their removal and processing and prevent the risks to the environment and human health associated with it. »
VII.-Article R. 543-128-3 is amended as follows:
1° In the first paragraph of I and 1° of II, the word "selectively" is replaced by the word "selectively";
2° In the last paragraph of I, the word "organization" is replaced by the word "eco-organism";
3° In the first paragraph of II, the word "organisms" is replaced by the word "eco-organisms";
4° At 4° of II, the word "recycling" is replaced by the word "treatment" and the words "to get rid" are replaced by the word "mix".
VIII.-In R. 543-129-1, the word: "the ones" is replaced by the words: "car batteries and batteries" and the word: "and" is added after the word: "market".
IX.-Section R. 543-129-2 is replaced by the following provisions:
"Art. R. 543-129-2.-Distributors, municipalities, their groupings or the relevant joint unions or other holders, including the operators referred to in section R. 543-156, which conduct the separate collection of wastes of batteries and automobile accumulators, store them in conditions that ensure their removal and treatment and prevent the risks to the environment and human health associated with it. »
X.-Article R. 543-129-3 is amended as follows:
1° In the first paragraph of I and at 1°, 2° and 3° of II, the word "selectively" is replaced by the word "separately";
2° In the last paragraph of I, the word "organization" is replaced by the word "eco-organism";
3° In the first paragraph of II, the word "organisms" is replaced by the word "eco-organisms";
4° At 6° of II, the word "recycling" is replaced by the word "treatment" and the words "to get rid" are replaced by the word "mix".
XI.-Article R. 543-130 is amended as follows:
1° In I, the word "disassembly" is replaced by the word "treatment";
2° In II, the word "selectively" is replaced by the word "separately";
3° In III, the words "elimination" are replaced by the words "treatment" and the word "disassembly" is replaced by the word "treatment";
4° In V, the words "treatment" are replaced by the words "management".
XII.-Section R. 543-134 is replaced by the following provisions:
"Art. R. 543-134.-East is punished by the fine provided for the offences of the fifth class:
« 1° For a producer:
“(a) To put on the market a battery or battery without complying with the provisions of Article R. 543-126;
“(b) Not to remove or remove, process or cause a waste of portable batteries or accumulators to be processed under the conditions set out in R. 543-128-3;
"(c) Not to remove or remove, process or cause a waste of batteries or car accumulators to be processed under the conditions set out in R. 543-129-3;
"(d) Not to resume or ensure the treatment of a waste of industrial batteries or accumulators under the conditions specified in R. 543-130;
« 2° For persons referred to in R. 543-131, not to treat or cause a waste of batteries or accumulators to be processed under the conditions provided for in this section. »
I.-The title of chapter III, section 8, title IV, of Book V becomes "Tyre waste".
II.-In articles R. 543-137 to R. 143-52, the words "used tyres" are replaced by the words "Tyre waste".
III.-A section R. 543-137, the words "disposal" are replaced by the words "management".
IV.-Article R. 543-138 is amended as follows:
1° At 3°, the word "selective" is replaced by the word "separate";
2° At 4°, the words: "disposal" are replaced by the words: "treatment. "
V.-The title of sub-section 1 of section 8 of Chapter 3 of Title IV of Book V becomes "Tyre Waste Management".
VI.-Section R. 543-140 is replaced by the following provisions:
"Art. R. 543-140.-For the purposes of the provisions of this section, they shall be considered as waste recovery operations for the purpose of their reuse, retreading, recycling, use for public works, remediation or civil engineering, use as fuel, energy recovery, use by the farmers mentioned for the silage, as well as grinding or cutting operations »
VII.-A Article R. 543-141, the words "elimination" are replaced by the words "treatment", the words "of their reuse" are deleted.
VIII.-Article R. 543-144 is amended as follows:
1° In the first and third paragraphs, the word "re-use" is replaced by the words "preparing for reuse";
2° In the second paragraph, the words "or destroy" are deleted.
IX.-Article R. 543-147 is amended as follows:
1° In the first paragraph the words: "Disposal of used tyres, with the exception of collection facilities," are replaced by the words: "Tyre waste treatment";
2° In the third paragraph, the words: "disposal" are replaced by the words: "treatment".
X.-A Article R. 543-149, the words "disposal" are replaced by the words "management".
XI.-A Article R. 543-150, all words: "for disposal" are replaced by the words: "for management".
XII.-Section R. 543-151 is replaced by the following provisions:
"Art. R. 543-151.- Holders are required to manage or manage tyre waste stocks. »
Section 10 chapter III of Book IV is amended to read:
I.-A article R. 543-180, the words "that the consumer gives him" are replaced by the words "whose consumer is defeated".
II.-In R. 543-181, all words: "selective" are replaced by the word "separate".
III.-In R. 543-183, the word "selective" is replaced by the word "separate".
IV.-In article R. 543-186, the words: "the sorting, selective treatment and enhancement" are replaced by the words: "the treatment".
V.-A Article R. 543-187, the words "to get rid of waste" are replaced by the words "to mix waste".
VI.-Article R. 543-188 is amended as follows:
1° In the first paragraph, the word "selectively" is replaced by the word "separately";
2° In the second paragraph, the word "organization" is replaced by the word "eco-organism".
VII.-In R. 543-189, the word "organization" is replaced by the word "eco-organism".
VIII.-Article R. 543-190 is amended as follows:
1° The word "organism" is replaced by the word "eco-organism";
2° At 1, the word "selectively" is replaced by the word "separately";
3° In 6, the words "reuse, valorization or destruction" are replaced by the words "reuse, recycling, valorization or disposal".
IX.-Article R. 543-192 is amended as follows:
1° At 1, the word "selectively" is replaced by the word "separately";
2° In 6, the words "reuse, valorization or destruction" are replaced by the words "reuse, recycling, valorization or disposal".
X.-In the second paragraph of R. 543-193, the word "organization" is replaced by the word "eco-organism".
XI.-Article R. 543-194 is amended as follows:
1° In the first paragraph, the words "elimination" are replaced by the words "management";
2° In the second paragraph, the word "disposal" is replaced by the word "management".
XII.-A Article R. 543-195, the words "elimination" are replaced by the words "management".
XIII.-In R. 543-196, the word "organism" is replaced by the word "eco-organism".
XIV.-Article R. 543-197 is amended as follows:
1° The word "organism" is replaced by the word "eco-organism";
2° At 4°, the words "reuse, recycling" are added after the words "in the matter of kidnapping".
XV.-Article R. 543-200 is amended as follows:
1° The first paragraph is as follows:
"The treatment of waste of electrical and electronic equipment collected separately must be done at facilities that meet the technical requirements set by order of the Minister responsible for the environment and comply with the provisions of Title I of this book. » ;
2° In the third paragraph, the words "preparing for their" are added before the word "reuse" and the words "use as a primary energy source in a facility" are replaced by the words "energy enhancement";
3° In the last paragraph, the words "value or destruction" are replaced by the word "treatment" and the word "selective" is deleted.
XVI.-Section R. 543-201 is repealed.
XVII.-A Article R. 543-202, the words "disposal" are replaced by the words "management".
XVIII.-A Article R. 543-204, the words "to reuse" are replaced by the words "to reuse".
XIX.-Article R. 543-205 is amended as follows:
1° In the b of 1° and in the b of 2°, the words "elimination" are replaced by the words "management";
2° At 2°, the words: "whose holder is defeated" are added after the word "used".
XX.-Article R. 543-206 is amended as follows:
1° At 2°, the word "selective" is replaced by the word "separate";
2° At 4°, the word "selective" is deleted;
3° At 5°, the word "organization" is replaced by the word "eco-organism".
Section 12 chapter III of Book IV is amended to read:
I.-In the third paragraph of section R. 543-214, the words "elimination" are replaced by the words "collection and processing".
II.-In the second paragraph of section R. 543-217, the words "elimination" are replaced by the words "collection and processing".
III.-In R. 543-218, the word "selective" is replaced by the word "separate".
In chapter 3 of title IV of book V, a section 13 is inserted as follows:
“Section 13
« Biowaste
"Art. R. 543-225. - I. Wastes are considered to be predominantly composed of biowaste within the meaning of Article L. 541-21-1, in which the mass of biowaste, as defined in Article R. 541-8, represents more than 50% of the mass of waste considered, once the waste of packaging is excluded.
“II. ― are considered to be producers or holders of a significant quantity of bio-waste within the meaning of section L. 541-21-1 persons who produce or hold quantities of waste of food oil or other bio-waste above the thresholds fixed by the Minister responsible for the environment for these two categories of waste, with the exception of waste-processing facilities and households.
"When a person produces or holds bio-waste on several sites or in several establishments, the threshold is assessed on the basis of the quantities produced or held on each site or by each institution.
"Art. R. 543-226. - Producers or holders of a large quantity of waste composed mainly of bio-waste as defined in article R. 541-8 other than food oil waste are required to ensure the sorting of it at the source for their organic valuation.
"Producers or holders of a significant amount of waste of food oil are required to ensure that they are at the source for their recovery.
"The recovery of these wastes can be carried out directly by their producer or holder or be entrusted to a third party, after a separate collection when the valuation is not carried out on the production site.
"When biowaste is packed, they can be collected in their container.
" Biowaste can also be collected in mixture with non-synthetic organic waste that can be the subject of the same organic recovery operation.
"Art. R. 543-227. - The provisions of this section shall not apply:
« 1° To animal by-products of categories 1 and 2 within the meaning of Regulation 1069/2009 of the European Parliament and of the Council of 21 October 2009 establishing sanitary rules applicable to animal by-products and products derived not intended for human consumption;
« 2° To bio-waste containing a raw portion of meat or fish managed in accordance with the community regulations referred to in the preceding paragraph;
« 3° Liquid bio-waste other than food oils;
« 4° To wastes of plant size or slag when they are subject to energy recovery. »
I. - In article R. 655-1, the words "of article R. 541-15" are deleted.
II. - Section R. 655-8 is replaced by the following:
"Art. R. 655-8. - The annual capacity for incineration and storage of non-hazardous non-inert wastes at the end of 12 years referred to in the 4th of Article R. 541-14 to be determined by application of the c of 3rd of Article L. 541-14 shall not exceed Mayotte by 95% of the quantity of non-hazardous waste. It is calculated on the terms and conditions provided for in Article R. 541-14. »
III. - Article R. 655-9 is as follows:
"Art. R. 655-9. - For the application to Mayotte of article R. 541-15, after the words: "are the object" are inserted the words: "if applicable" and after the reference to article L. 122-11 and to article R. 122-24 are added respectively the reference to article L. 651-5 and to article R. 651-3. »
IV. - Sections R. 655-11 and R. 655-12 are repealed.
V. - In R. 655-13, the words: "and after the reference to L. 122-11 is added the reference to L. 651-5" are replaced by the words: "and after the reference to L. 122-11 and to R. 122-24 are added respectively the reference to L. 651-5 and to R. 651-3. »
VI. - After article R. 655-14, two articles R. 655-14-1 and R. 655-14-2 were added:
"Art. R. 655-14-1. - For the application to Mayotte of article R. 541-41-4, after the words: "font l'objet" are inserted the words: "if applicable" and after the reference to article L. 122-11 and article R. 122-24 are added respectively the reference to article L. 651-5 and to article R. 651-3.
"Art. R. 655-14-2. - For the application to Mayotte of Article R. 541-41-9, after the words: "the environmental report provided for in Article L. 122-6" are added the words: "if required under the order provided for in Article L. 651-5 II".
After the article R. 661-8, an article R. 661-9 is added as follows:
"Art. R. 661-9. - The annual capacity for incineration and storage of non-hazardous non-inert wastes at the end of twelve years referred to in the 4th of Article R. 541-14, to be determined by the non-hazardous waste prevention and management plan, may not exceed Saint-Martin to 95% of the quantity of non-hazardous waste. It is calculated on the terms and conditions provided for in Article R. 541-14. »
This Order comes into force from the date of publication in the Official Gazette except for the XVI of Article 14 and Article 16 which come into force on July 1, 2012.
The provisions relating to the planning of the management of waste in exceptional situations provided for in 7° of I and 6° of III of Article R. 541-14 of the Environmental Code and 5° of I and 5° of III of Article R. 541-30 of the Environmental Code do not apply to plans approved before January 1, 2013.
The provisions of sections R. 541-64 to R. 541-64-3 of the Environmental Code do not apply to transfers notified before July 1, 2012.
Articles R. 541-13 to R. 541-27 of the Environmental Code, in their drafting prior to the coming into force of this Order, remain applicable to the draft plans referred to in Article L. 541-14 being drafted on which the Advisory Commission issued the notice provided for in Article R. 541-20 before the first day of the second month following the publication of this Order, within one year after the publication of this Order.
Articles R. 541-29 to R. 541-41 of the Environmental Code, in their drafting prior to the coming into force of this Order, remain applicable to the draft plans referred to in Article L. 541-13 in preparation on which the Advisory Commission issued the notice provided by Article R. 541-20 before the first day of the second month following the publication of this Order, within one year after the publication of this Order.
The Minister of Ecology, Sustainable Development, Transport and Housing is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 11 July 2011.
François Fillon
By the Prime Minister:
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
