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Decree No. 2011-1962 Of 23 December 2011 Relating To The Occupation Of The Highway Public Domain By A Book Of The Public Electricity Transmission Network

Original Language Title: Décret n° 2011-1962 du 23 décembre 2011 relatif à l'occupation du domaine public autoroutier par un ouvrage du réseau public de transport d'électricité

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Keywords

TRANSPORT , TERRESTRE TRANSPORT , PUBLIC AUTHORITY , OCCUPATION , ENERGY ELECTRICAL , OVRABILITY , ELECTRICITY TRANSPORT , PUBLIC ELECTRICITY , PUBLIC TRANSPORT , ROAD VOIRE , CODE DE LA VOIRIE


JORF n°0299 of 27 December 2011 page 22345
text No. 82



Decree No. 2011-1962 of 23 December 2011 on the occupation of the public highway area by a public electricity transport network

NOR: TRAT1113580D ELI: https://www.legifrance.gouv.fr/eli/decret/2011/12/23/TRAT1113580D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2011/12/23/2011-1962/jo/texte


Publics concerned: operators of works of the public electricity transport network and operators of the public highway.
Subject: definition of the terms of occupation of the public domain by means of a public network of electricity transport.
Entry into force: the text comes into force on the day after its publication.
Notice: The purpose of the decree is to define the modalities of longitudinal occupation of the public highway domain, concededed and not concededed, by a public network of transport of voltage electricity greater than or equal to 50 kV. This occupation is approved by a decision of the Minister responsible for the national road, based on a file to demonstrate its compatibility with the allocation of the public highway domain. A joint order of the Minister responsible for the national road and the Minister responsible for energy specifies the content of this file.
An agreement between the operator of this area and the operator of the public electricity transmission network is concluded. It reproduces and specifies as necessary the requirements of the ministerial decision.
Reference: the road traffic code Amended 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,
Vu le road traffic codeincluding articles L. 122-3 and R.* 122-5;
Considering the energy code, including its article L. 323-2;
Considering the environmental code, including its article L. 120-1;
Vu la Act No. 53-661 of 1 August 1953 fixing the royalty regime due to the occupation of the public domain by the works of transport and distribution of electricity and gas, by the particular lines or lines of electrical and gas energy;
Vu le Decree No. 56-151 of 27 January 1956 regulations of public administration for the application of Act No. 53-661 of 1 August 1953 with respect to the fixing of the royalty regime for the occupation of the public domain by the transport and distribution works and by the particular lines or pipes of electrical energy, including articles 4 and 5;
Considering the opinion of the Higher Energy Council of 4 October 2011;
The State Council (section of public works) heard,
Decrete:

Article 1 Learn more about this article...


The road traffic code is modified as follows:
I. ― The first paragraph of section R. * 122-5 is amended as follows:
1° In the first sentence, the words: "and those established by concessionaire companies" are replaced by the words: ", underground works of the public network for the transport of voltage electricity greater than or equal to 50 kV and facilities established by concessionaire companies";
2° The second sentence is amended:
(a) After the words: "if several departments are concerned" are inserted the words: ", taken after the Minister's notice of the national road,"
(b) The words: "in exceptional cases where any other solution would be impossible for their passage and provided that their location is not of a nature to" are replaced by the words: "subject to the fact that a file, whose content is specified by a joint decree of the ministers responsible for national road and energy, demonstrates that their location is not of a nature to".
II. ― After section R. 122-5-2 are inserted the following articles R. * 122-5-3 and R. * 122-5-4:
"Art. R. * 122-5-3.-The longitudinal occupation of the public domain by means of underground works of the public network for the transport of voltage electricity greater than 50 kV provided for in section R. * 122-5 is approved by decision of the minister responsible for the national road on the basis of a record intended to demonstrate the compatibility of this occupation with the allocation of the public highway domain, in particular the preservation of the interests of traffic
"This file, prepared by the petitioner and on which the operator of the public highway domain issues a notice, details the technical characteristics of the project and the planned construction periods, the potential impact of the planned facilities on the road infrastructure and the conditions of its operation, including during the construction phase, as well as other works on the public highway field, and the measures taken to address these impacts. It also specifies the terms and conditions of technical and financial support by the petitioner of any monitoring of underground works of electricity transport, of any movement of them made necessary by the execution of road works as well as of the incremental costs, as a result of the presence of these works, the work carried out in the interest of the public highway field.
"A joint order of the Minister responsible for the national road and the Minister responsible for energy specifies the content of the file referred to in this section.
"Art. R. * 122-5-4.-In light of the ministerial decision referred to in Article R. * 122-5-3, an agreement with authorization to occupy the public highway domain shall be concluded between the operator of this field and the petitioner for a period compatible with the operation of the public electricity service in accordance with, where appropriate, the terms of the public self-service delegation contracts. This Convention reproduces and specifies as necessary the requirements of the ministerial decision. In particular, it defines the amount of the royalty due to the occupation of the public highway domain in accordance with the relevant legislation and regulations. »

Article 2 Learn more about this article...


The Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of Economy, Finance and Industry, the Minister to the Minister of Economy, Finance and Industry, responsible for the industry, energy and the digital economy, and the Minister to the Minister of Ecology, Sustainable Development, Transport and Housing, who is responsible for transportation, are responsible, each in that which is published,


Done on 23 December 2011.


François Fillon


By the Prime Minister:


Minister to the Minister of Ecology,

Sustainable Development,

Transport and housing,

Transport Officer

Thierry Mariani

The Minister of Ecology,

Sustainable Development,

Transport and housing,

Nathalie Kosciusko-Morizet

Minister of Economy,

finance and industry,

François Baroin

Minister to the Minister of Economy,

finance and industry,

responsible for industry, energy

and the digital economy,

Eric Besson


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