Key Benefits:
Publics concerned: any public, masters of public and private works; territorial authorities; deccented state services.
Purpose: Reform of public investigations into transactions that may affect the environment.
Entry into force: the provisions of this Decree shall apply:
― in respect of public investigations, to those whose opening and organization order is issued as of June 1, 2012;
- in respect of projects of work, works or developments that are not subject to public investigation, applications for authorization filed as of June 1, 2012.
Notice: the Order makes the necessary regulatory amendments by the consolidation of existing public investigations into two main categories: the public investigation of transactions that may affect the environment governed by the Environmental Code and the public utility investigation governed by the Code of Expropriation for public use.
The decree determines the procedure and the conduct of the public inquiry under the environmental code. As such:
―he supervises the duration of the investigation, whose extension can now be thirty days;
- it facilitates the consolidation of investigations into a single survey, in the event of a plurality of masters or separate regulations;
―it sets out the composition of the investigation file, which should include, for the sake of coherence, an assessment of public debate or prior consultation if the project, plan or programme has been the subject of it;
― it specifies the terms and conditions of organization, the terms and conditions of publicity of the investigation and the means available to the public to make its observations, allowing, where appropriate, the use of new information and communication technologies;
- it authorizes the person responsible for the project, plan or program to make comments on the comments made by the public during the investigation;
―it facilitates the resolution of situations arising out of the insufficiency or lack of motivation of the investigator's conclusions by allowing the president of the administrative tribunal, seized by the investigating authority or his own initiative, to request further assistance from the investigator;
– it improves the consideration of public comments and recommendations of the Investigator Commissioner through new procedures for the suspension of investigations or further investigation;
―he finally defines the conditions for the compensation of investigators and introduces, in the interests of the prevention of litigation, a mandatory administrative remedy for the challenge of a compensation order of an investigator.
The Order also specifies the list of projects of work, works or developments that give rise to an impact assessment under the Environmental Code that, because of their temporary nature or low importance, are excluded from the scope of the public inquiry under the same Code.
References: the decree is taken for the application of articles 236 et seq. of Act No. 2010-788 of 12 July 2010 bringing national commitment to the environment. The texts amended by this decree, in their drafting, are available 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,
Considering the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters in Aarhus on 25 June 1998, published by the Decree No. 2002-1187 of 12 September 2002 ;
Having regard to Council Directive 85/337/EEC of 27 June 1985 amended on the assessment of the environmental impact of certain public and private projects;
Considering Directive 2001/42/EC of the European Parliament and the Council of 27 June 2001 on the assessment of the environmental impact of certain plans and programmes;
Having regard to Directive 2003/35/EC of the Parliament and the Council of 26 May 2003, providing for public participation in the development of certain environmental plans and programmes and amending, with regard to public participation in access to justice, Council Directives 85/337/EEC and 96/61/EC;
Vu le Defence code ;
Considering the environmental code;
Considering the code of expropriation because of public utility, including articles L. 11-1 and following;
Vu le Forest code ;
Vu le general code of territorial authorities ;
Considering the code of urban planning;
Vu la Act No. 2010-788 of 12 July 2010 bringing national commitment to the environment, including Article 245;
Vu le Decree No. 91-1110 of 22 October 1991 relating to temporary occupancy permits for anchorage and light equipment areas in the marine public domain;
Vu le Decree No. 2004-308 of 29 March 2004 relating to concessions of use of the marine public domain outside the ports;
Vu le Decree No. 2004-309 of 29 March 2004 the procedure for the delimitation of the shoreline of the sea, the lais and relays of the sea and the transverse limits of the sea at the mouth of rivers and rivers;
Vu le Decree No. 2004-374 of 29 April 2004 relating to the powers of prefects, the organization and action of State services in the regions and departments;
Vu le Decree No. 2005-992 of 16 August 2005 relating to the formation and management of the fluvial public domain of the State, territorial authorities and their groupings;
Vu le Decree No. 2006-608 of 26 May 2006 relating to beach concessions;
Vu le Decree No. 2006-649 of 2 June 2006 relating to mining, underground storage and underground mines and underground storage;
Vu le Decree No. 2006-798 of 6 July 2006 relating to the prospecting, research and exploitation of mineral or fossil substances contained in the seabed of the public domain and the metropolitan continental shelf;
Vu le Decree No. 2007-1557 of 2 November 2007 amended on basic nuclear facilities and the nuclear safety control of the transport of radioactive substances;
Considering the opinion of the Local Finance Committee (the Standards Assessment Advisory Board) dated 7 April 2011;
Considering the opinion of the inter-ministerial water mission of 11 March 2011;
Having regard to the advice of the Superior Council of Administrative Courts and Administrative Appeals Courts of 11 October 2011;
The State Council (section of public works) heard,
Decrete:
Section 3 of chapter III of title II of Book I of the Environmental Code (regulatory part) is amended as follows:
1° R. 123-24 becomes R. 123-27-1 and is thus written:
"Art. R. 123-27-1.-The public inquiry shall be conducted in accordance with sections R. 123-4, R. 123-6, R. 123-9, R. 123-10, R. 123-13, R. 123-17, in the first paragraph of R. 123-18 and R. 123-19, as well as in accordance with the provisions of this section. Sections R. 123-25 to R. 123-27 relating to the remuneration of the investigating commissioner apply subject to section R. 123-28. » ;
2° R. 123-25 becomes R. 123-27-2. A new paragraph is added to this article:
« 5° Any other relevant information relevant to the project, provided by the State in whose territory this project is located. » ;
3° Article R. 123-26 becomes Article R. 123-27-3;
4° R. 123-27 becomes R. 123-27-4. In this article, the last paragraph is replaced by the following:
"He also appoints one or more alternates to the Investigator Commissioner or the Board of Inquiry. The alternate replaces the holder in the event of his/her failure and then performs his/her functions until the end of the proceedings. » ;
5° In article R. 123-29, it is added a paragraph as follows:
"This review is also published on the departmental prefecture website. » ;
6° In R. 123-31, the reference to R. 123-9 is replaced by the reference to R. 123-13.
Section 1 of Chapter III of Title II of Book I of the Environmental Code (regular part) is replaced by the following provisions:
“Section 1
" Scope of Public Investigation
"Art. R. 123-1.-I. ― For the application of the 1st of the I of Article L. 123-2, a public inquiry shall be subject to the requirements of this chapter the projects of work, works or developments systematically submitted to the realization of an impact study pursuant to the II and III of Article R. 122-2 and those that, after the examination on a case-by-case basis provided for in the same article, are subject to the completion of such a study.
“II. ― are, however, not subject to a public inquiry:
« 1° Projects to create a concerted development area;
« 2° Creations of light anchorages and equipment areas, unless this location results in a substantial change in the use of the marine public domain in accordance with Decree No. 91-1110 of 22 October 1991 relating to temporary occupancy permits for anchorage and light equipment areas in the marine public domain;
« 3° Requests for temporary authorization referred to in R. 214-23;
« 4° Applications for temporary operating authorization for a facility classified for environmental protection referred to in R. 512-37;
« 5° Applications for short-term establishment of a basic nuclear facility referred to in theArticle 22 of Decree No. 2007-1557 of 2 November 2007 on basic nuclear facilities and the nuclear safety control of the transport of radioactive substances;
« 6° The defrauds mentioned in Articles L. 311-1 and L. 312-1 of the Forest Code and the first afforestations subject to authorization pursuant to section L. 126-1 of the rural code, when they cover an area less than 10 hectares.
"III. ― Pursuant to Article L. 123-2, Part III, are not subject to public inquiry because of the needs and needs of the national defence:
« 1° The facilities classified as part of the military infrastructure and carried out as part of secret operations involving national defence referred to in R. 517-4;
« 2° Requests for authorization for nuclear facilities and activities of interest to the defence referred to inArticle R. * 1333-37 of the Defence Codeexcept where otherwise provided by the texts concerning them;
« 3° The transactions referred to in R. 123-44.
"IV. ― Unless otherwise provided, maintenance, maintenance and large repairs, regardless of the structures or structures to which they relate, are not subject to a public inquiry. »
Section 2 of Chapter III of Title II of Book I of the Environmental Code (regulatory part) is replaced by the following provisions:
“Section 2
" Procedure and conduct of the public inquiry
"Art. R. 123-2.-The projects, plans, programs or decisions referred to in Article L. 123-2 shall be investigated by the provisions of this chapter prior to the intervention of the decision with a view to which the investigation is required, or, in the absence of provisions providing for such a decision, before the commencement of the implementation of the projects concerned.
"Subsection 1
"Initiation and organization of the investigation
"Art. R. 123-3.-I. ― Where the decision for which the investigation is required falls under a national authority of the State, except in particular provision, the opening and organization of the investigation shall be ensured by the territorially competent prefect.
“II. ― Where the decision to which the investigation is required is a State public institution with territorial levels whose regional or departmental prefect is the territorial delegate under the authority of the StateArticle 59-1 of Decree No. 2004-374 of 29 April 2004the executive body of the institution may delegate jurisdiction over the initiation and organization of the investigation to that prefect.
"III. ― When the project covers the territory of several municipalities, departments or regions, the investigation may be opened and organized by a joint decision of the competent authorities to open and organize the investigation. In this case, this decision designates the authority responsible for coordinating the organization of the investigation and centralizing its results.
"Subsection 2
"People likely to perform the duties
Investigator
"Art. R. 123-4.-Ne may be designated as Investigative Commissioner, member of an Inquiry Committee or alternate persons interested in the Project, Plan or Program either as a personal measure or as a result of the functions they have performed or have performed for less than five years, including within the community, agency or service that ensures control of work, mastery of work or control of the project, plan or program that is subject to investigation,
"Before designation, each investigator, member of an inquiry or alternate commission shall notify the chair of the administrative tribunal of the activities carried out under his or her previous or ongoing duties that may be deemed incompatible with the duties of investigator commissioner under section L. 123-5, and shall sign a statement on the honour stating that he has no personal interest in the project, plan or program.
"The breach of this rule is a ground for delisting the Commissioner's suitability list.
"Subsection 3
"Designation of Investigator
or a commission of inquiry
"Art. R. 123-5.-The competent authority to open and organize the investigation shall, with a view to appointing an investigator or commission of inquiry the chair of the administrative tribunal in whose jurisdiction the seat of that authority is located and shall make an application that specifies the subject matter of the investigation and the proposed period of investigation, and shall include the non-technical summary or the presentation note referred to in 1° and 2° respectively.
"The President of the Administrative Court or the Magistrate delegated by him for this purpose shall, within fifteen days, designate an investigator or members, in odd numbers, of a commission of inquiry among whom he chooses a president. He also appoints one or more alternates to the investigating commissioner or members of the commission of inquiry who replaces the holder in the event of an incapacity and then performs his duties until the end of the proceedings.
"In addition to the replacement of a non-scheduling licensee by an alternate, the alternate does not intervene in the conduct of the investigation or in the preparation of the report and the conclusions that remain of the sole jurisdiction of the investigating Commissioner or members of the incumbent commission.
"As soon as the investigator(s) is appointed, the competent authority to open and organize the investigation shall send to each of them, including alternate (s), a copy of the complete file submitted to public inquiry and, when available in this form, a digital copy of the file.
"Subsection 4
" Length of investigation
"Art. R. 123-6.-The duration of the public inquiry shall be determined by the competent authority to open and organize the investigation. This period may not be less than 30 days and may not exceed two months, except where the provisions of Articles R. 123-22 or R. 122-23 are implemented.
"However, by reason of decision, the investigating commissioner or the chair of the commission of inquiry may, after information from the competent authority to initiate and organize the investigation, extend the investigation for a maximum period of thirty days, including when he decides to organize a briefing and exchange with the public during this period of extension of the investigation.
"His decision must be notified to the competent authority to open and organize the investigation no later than eight days before the end of the investigation. It is made available to the public, by the date originally scheduled for the end of the investigation, by a display made under the conditions of place set out in II of section R. 123-11 and, where applicable, by any other appropriate means.
"When the provisions of the preceding two paragraphs of this article are implemented, the completion of the formalities provided for in Article R. 123-18 shall be postponed to the closure of the investigation so extended.
"Subsection 5
« Single Public Survey
"Art. R. 123-7.-When pursuant to Article L. 123-6 a single public inquiry is conducted, the opening order of the investigation specifies, where appropriate, the contact details of each owner responsible for the various elements of the project, plan or program under investigation and the file submitted to public inquiry is established under the responsibility of each of them.
"The single public inquiry file includes the required documents or elements for each of the initial surveys, and a non-technical project, plan or program submission note.
"The duration of the single investigation cannot be less than the longest minimum duration provided by one of the regulations.
"The single investigation is the subject of a single record of investigation, a single report by the investigating commissioner or the commission of inquiry, as well as reasoned conclusions under each of the initially required public investigations.
"The authority responsible for opening and organizing the investigation shall, upon receipt, send a copy of the report and conclusions of the investigating commissioner or the commission of inquiry to each of the competent authorities to make the decisions for which the single investigation was conducted, to the president of the administrative tribunal and to the project, plan or program owners.
"Subsection 6
" Composition of the investigation file
"Art. R. 123-8.-The file submitted to the public inquiry includes the documents and notices required by the legislation and regulations applicable to the project, plan or program.
"The file includes at least:
« 1° When required, the impact assessment and its non-technical summary or the environmental assessment and its non-technical summary, and, where applicable, the review decision on a case-by-case basis of the administrative authority of the competent State in respect of the environment referred to in Article I of Article L. 122-1 or Article IV of Article L. 122-4, as well as the opinion of the administrative authority of the competent State in respect of 12-
« 2° In the absence of an environmental impact or assessment study, a presentation note specifying the contact details of the project manager or project manager, plan or program, the subject-matter of the investigation, the most important features of the project, plan or program, and presenting a summary of the main reasons why, in particular from the environmental perspective, the project, plan or program under investigation was retained;
« 3° The mention of the texts that govern the public investigation in question and the indication of how this investigation is part of the administrative procedure for the project, plan or program in question, as well as the decision(s) that may be adopted at the end of the investigation and the competent authorities to make the decision on authorization or approval;
« 4° When made mandatory by a legislative or regulatory text prior to the initiation of the investigation, notices issued on the draft plan, or program. In the case of very large notices, a consultation may be organized electronically in the consultation premises of the file;
« 5° An assessment of the public debate procedure under the conditions set out in articles L. 121-8 to L. 121-15, or of the consultation defined in article L. 121-16, or of any other procedure provided for in the existing texts allowing the public to participate effectively in the decision-making process. When no prior consultation took place, the file mentions it;
« 6° The mention of the other authorizations necessary to carry out the project, plan or program, pursuant to Article I L. 214-3, of articles L. 341-10 and L. 411-2 (4°) of the environmental code, or of Articles L. 311-1 and L. 312-1 of the Forest Code.
"Subsection 7
"Organization of the Investigation
"Art. R. 123-9.-The competent authority to open and organize the specific investigation by order, at least fifteen days before the initiation of the investigation and after consultation with the investigating commissioner or the chairman of the investigation commission:
« 1° The purpose of the investigation, including the main features of the project, plan or programme, the date on which it will be opened and its duration;
« 2° The decision(s) that may be adopted at the end of the investigation and the competent authorities to make the decision on authorization or approval;
« 3° The name and qualities of the investigating commissioner or members of the commission of inquiry, and their substitutes;
« 4° The places, as well as the days and hours in which the public may consult the investigation file and present its observations on the registry open to that effect; in the event of a plurality of places of investigation, the order designates among them the seat of the investigation, where any correspondence relating to the investigation may be addressed to the investigator or the commission of inquiry;
« 5° Places, days and times when the investigator or commission of inquiry, represented by one or more of its members, will be made available to the public to receive its comments;
« 6° Where applicable, the date and venue of the planned information and exchange meetings;
« 7° The duration and where, after the investigation, the public may consult the report and conclusions of the Investigative Commissioner or the Board of Inquiry;
« 8° The existence of an environmental assessment, an impact assessment, or, if not, a record that includes environmental information pertaining to the subject matter of the investigation, and the place where such documents can be consulted;
« 9° The existence of the opinion of the administrative authority of the competent State in respect of the environment referred to in articles L. 122-1 and L. 122-7 of this code or article L. 121-12 of the urban planning code and the place where it can be consulted;
« 10° The information that, where appropriate, the public inquiry file is transmitted to another State, a member of the European Union or a party to the Convention on the Assessment of Environmental Impact in a Transboundary Context, signed in Espoo on 25 February 1991, on the territory of which the project is likely to have significant impacts;
« 11° The identity of the person(s) responsible for the project, plan or program or the authority to which information may be requested;
« 12° Where applicable, the address of the website on which information relating to the investigation may be accessed, or the means available to the public to communicate its observations electronically.
"Every person may, upon request and at his or her own expense, obtain a public inquiry file from the competent authority to open and organize the investigation as soon as the investigation is published.
"Subsection 8
"Days and Hours of Investigation
"Art. R. 123-10.-Days and hours, whether working or not, where the public may consult a copy of the record and make representations are set so as to allow the participation of most of the population, especially given its normal working hours. They include at least the usual days and hours of openness to the public of each location where the file is filed; They can also include hours in the evening and several half-days taken from Saturdays, Sundays and holidays.
"Subsection 9
"Advertising the Investigation
"Art. R. 123-11.-I. ― A notice bearing the information referred to in section R. 123-9 to the public is published in apparent characters at least fifteen days before the initiation of the investigation and recalled in the first eight days of the investigation in two regional or local newspapers broadcast in the department(s) concerned. For projects, plans or programs of national importance, this notice is also published in two nationally broadcasted newspapers at least fifteen days before the initiation of the investigation.
“II. ― The competent authority to open and organize the investigation shall designate places where this notice must be published by means of posters and, possibly, by any other process.
"For projects, all municipalities in the territory of which the project is located are at least designated. For departmental or regional level plans and programmes, prefectures and subprefectures are at a minimum.
"This notice is published at least fifteen days before the initiation of the investigation and for the duration of the investigation.
"When some of these municipalities are located in another department, the authority responsible for the initiation of the investigation shall agree with the prefect of that department for that designation. The latter ensures the publication of the notice in these municipalities in accordance with the terms and conditions set out in the preceding paragraph.
"The notice of investigation is also published on the website of the competent authority to open and organize the investigation, when it has a site.
"III. ― In addition, under the same time and time conditions, and unless there is a justified material impossibility, the project manager shall post the same notice on the premises for the project.
"These posters must be visible and legible from or, where appropriate, public channels, and be in conformity with characteristics and dimensions fixed by order of the Minister responsible for the environment.
"Subsection 10
“Community information
"Art. R. 123-12.-A copy of the file submitted for investigation shall be sent to the mayor of each municipality on the territory of which the project is located and whose town hall has not been designated as a place of inquiry.
"This formality is deemed to be satisfied when the municipal councils concerned have been consulted in accordance with the specific regulations, or when the address of the website is communicated to the municipality where the entire file submitted to investigation can be downloaded. A copy of the file is sent to each commune who makes the request express.
"Subsection 11
“Comments, proposals and public counter-proposals
"Art. R. 123-13. -During the duration of the investigation, the public may record its observations, proposals and counter-proposals on the investigation register, established on non-mobile slips, listed and issued by the investigating commissioner or a member of the commission of inquiry, held at their disposal in each place where a file is filed.
"The observations, proposals and counter-proposals may also be sent by correspondence to the investigating commissioner or the chair of the commission of inquiry at the headquarters of the investigation, and, where appropriate, by the electronic means of communication indicated in the opening of the investigation. They are made available to the public at the headquarters of the investigation as soon as possible.
"In addition, written and oral comments of the public are also received by the investigator or by a member of the commission of inquiry at the places, days and times that have been fixed and announced under the conditions set out in sections R. 123-9 to R. 123-11.
"The public's observations can be consulted and communicated at the expense of the person who makes the request for it throughout the investigation.
"Subsection 12
“Submission of documents
at the request of the Commissioner Investigator
"Art. R. 123-14.-When the Commissioner intends to complete the file with documents that are relevant to the public's good information under the conditions set out in section L. 123-13, the Investigator Commissioner or the Chair of the Inquiry Committee shall apply to the Project Manager, Plan or Program; the request may only be made in the possession of documents.
"The documents obtained or the reasoned refusal of the project manager, plan or program are placed on file held at the headquarters of the investigation.
"When such documents are added in the course of investigation, a slip attached to the investigation file mentions the nature of the documents and the date on which they were added to the investigation file.
"Subsection 13
« Visit by the Investigator
"Art. R. 123-15.-When the Commissioner intends to visit the premises concerned by the project, plan or program, with the exception of the premises, the Investigator shall inform the owner and occupants concerned at least 48 hours in advance, specifying the date and time of the planned visit.
"When they were unable to be notified, or in the event of opposition on their part, the investigating commissioner or the commission of inquiry refers to it in the investigation report.
"Subsection 14
"Audition of Persons by the Investigator
"Art. R. 123-16.-Under the conditions set out in section L. 123-13, the Investigative Commissioner or the Chair of the Board of Inquiry may hear any person or service that he or she considers useful to consult to complete his or her information on the project, plan or program that is subject to public inquiry. The possible refusal, whether motivated or not, of a request for information or the absence of a response is mentioned by the investigating commissioner or the chair of the commission of inquiry in his report.
"Subsection 15
" Réunion d'information et d'échange avec le public
"Art. R. 123-17.-Without prejudice to the cases provided by specific legislation, where it considers that the importance or nature of the project, plan or program or the conditions for the conduct of the public inquiry make it necessary for the organization of a meeting of information and exchange with the public, the investigator or the chair of the commission of inquiry to inform the authority in charge of the opening and organization of the project
"The Investigative Commissioner or the Chair of the Board of Inquiry shall, in consultation with the authority responsible for the initiation and organization of the investigation and the project, plan or program manager, define the terms and conditions of pre-public information and the conduct of that meeting.
"As necessary, the duration of the investigation may be extended under the conditions set out in section R. 123-6 to allow the organization of the public meeting.
"At the end of the public meeting, a report is prepared by the investigating commissioner or by the chair of the commission of inquiry and sent to the project manager, plan or program as soon as possible, as well as to the authority responsible for the initiation and organization of the investigation. This report, as well as any comments made by the Project Manager, Plan or Program, are annexed by the Investigative Commissioner or by the Chair of the Board of Inquiry to the End of Investigation Report.
"For the purpose of preparing this record, the Commissioner of Inquiry or the Chairperson of the Board of Inquiry may conduct the audio or video recording of the information and exchange meeting with the public. The beginning and end of any recording must be clearly notified to the persons present. These recordings are transmitted, exclusively and under its responsibility, by the investigating commissioner or the chair of the commission of inquiry with its final report to the authority responsible for the initiation and organization of the investigation.
"The costs of organizing the public meeting are borne by the project manager, plan or program.
"Subsection 16
" Conclusion of the investigation
"Art. R. 123-18.- Upon the expiry of the investigative period, the record of investigation shall be made available to the investigating commissioner or the chair of the commission of inquiry and closed by him. In the event of a plurality of places of investigation, the records are transmitted promptly to the investigating commissioner or to the president of the commission of inquiry and closed by him.
"On receipt of the register and the annexed documents, the investigator or the chair of the commission of inquiry shall meet, in the eighties, the person responsible for the project, plan or program and shall communicate the written and oral observations recorded in a summary record. The project manager, plan or program has a 15-day delay to produce any comments.
"Subsection 17
“Report and conclusions
"Art. R. 123-19.-The Investigator Commissioner or the Board of Inquiry shall prepare a report that relates to the conduct of the investigation and examines the observations collected.
"The report includes a reminder of the purpose of the project, plan or program, a list of all the documents in the investigation file, a synthesis of public comments, an analysis of the proposals and counter-proposals produced during the investigation and, where appropriate, the observations of the project manager, plan or program in response to public comments.
"In a separate document, the investigator or commission of inquiry shall record its substantiated conclusions, specifying whether they are favourable, favourable or unfavourable to the project.
"The Investigative Commissioner or the Chairperson of the Board of Inquiry shall forward to the competent authority to arrange the investigation the copy of the record of the investigation filed at the headquarters of the investigation, together with the records or documents annexed, with the report and the substantiated conclusions. It simultaneously transmits a copy of the report and substantiated conclusions to the President of the Administrative Tribunal.
"If, within thirty days of the closing date of the investigation, the investigator has not submitted his report and his substantiated conclusions or submitted to the competent authority to organize the investigation, in accordance with the faculty granted to him in section L. 123-15, a reasoned request to postpone this period, the application shall be made pursuant to the provisions of the fourth paragraph of section L. 123-15.
"Art. R. 123-20.- Upon receipt of the findings of the Investigator Commissioner or the Board of Inquiry, the competent authority to organize the investigation, where it finds a lack of motivation or lack of reason for these conclusions that may constitute an irregularity in the proceedings, may inform the President of the Administrative Tribunal or the adviser delegated by him within fifteen days, by letter of observation.
"If the insufficiency or lack of motivation is proven, the chair of the administrative court or the counsellor whom he delegated, has fifteen days to ask the investigator or commission of inquiry to complete his conclusions. In the absence of an intervention by the President of the Administrative Court or the adviser to be delegated within the fifteen-day period, the application is deemed to be rejected. The decision of the chair of the administrative tribunal or the adviser that he delegates is not subject to appeal.
"In a period of fifteen days from the receipt of the findings of the investigating commissioner or the commission of inquiry, the chair of the administrative court or the adviser that he or she delegate may also intervene on his or her own initiative with the author to complete them, when he or she finds a lack of motivation for these conclusions that may constitute an irregularity in the proceedings.
"The investigating commissioner or commission of inquiry is required to submit its completed findings to the competent authority to organize the investigation and to the chair of the administrative tribunal within one month.
"Art. R. 123-21.-The competent authority to organize the investigation shall, upon receipt, send a copy of the report and the conclusions to the project manager, plan or program.
"Copy of the report and the conclusions are also addressed to the City Hall of each of the municipalities where the investigation and prefecture of each department concerned was conducted without delay to be made available to the public for one year from the date of completion of the investigation.
"When it published the notice of initiation of the investigation on its website, the competent authority to organize the investigation publishes the report and conclusions of the investigator or commission of inquiry on the same site and holds it to the public for a year.
"Subsection 18
"Suspension of the investigation
"Art. R. 123-22.-The public investigation carried out following an authorized suspension pursuant to section I L. 123-14 is conducted, if possible, by the same investigator or commission of inquiry. It is the subject of a new organizational order, a new advertisement, and, for projects, a new information from the municipalities in accordance with article R. 123-12.
"The investigation is extended for at least 30 days.
"The initial investigation file is completed in its various elements, including:
« 1° A note explaining the substantial changes to the project, plan or programme in relation to its original version under investigation;
« 2° When required, the impact assessment or environmental assessment that incorporates these amendments, as well as the opinion of the administrative authority of the competent State in the field of the environment referred to in articles L. 122-1 and L. 122-7 of this Code or article L. 121-12 of the urban planning code on this impact assessment or updated environmental assessment.
"Subsection 19
“Additional survey
"Art. R. 123-23.-When a supplementary investigation is organized in accordance with Article L. 123-14 II, it addresses the advantages and disadvantages of the amendments to the project and the environment. The supplementary investigation, for a minimum period of fifteen days, is opened under the conditions set out in sections R. 123-9 to R. 123-12.
"The initial investigation file is completed in its various elements, including:
« 1° A note explaining the substantial changes to the project, plan or programme in relation to its original version under investigation;
« 2° When required, the impact assessment or environmental assessment that incorporates these amendments, as well as the opinion of the administrative authority of the competent State in the field of the environment referred to in articles L. 122-1 and L. 122-7 of this Code or article L. 121-12 of the urban planning code on this impact assessment or updated environmental assessment.
"The supplementary investigation is closed under the conditions set out in R. 123-18.
"In a period of fifteen days from the closing date of the supplementary investigation, the Investigative Commissioner or the commission of inquiry attached to the main report provided to the public at the conclusion of the first investigation, a supplementary report and the substantiated conclusions under the supplementary investigation. Copies of reports are made jointly available to the public under the conditions set out in R. 123-21.
"Subsection 20
"Prorogation of the validity of a public inquiry
"Art. R. 123-24.- Except as a special provision, where the projects that have been the subject of a public inquiry have not been undertaken within five years of the adoption of the decision under investigation, a new investigation shall be conducted, unless, before the expiry of this period, an extension of the duration of the investigation is decided by the competent authority to make the decision in view of which the investigation has been conducted. This extension shall not exceed five years. The validity of the investigation may not be extended if the project has been subject to substantial amendments or where legal or factual amendments to impose a new public consultation have taken place since the decision to stop the project.
"Subsection 21
"Indemnification of Investigator
"Art. R. 123-25.-The investigators and the members of the commissions of inquiry are entitled to compensation, to the person responsible for the project, plan or program, which includes vacations and reimbursement of costs incurred in carrying out their mission.
"A joint order of Ministers responsible for the environment, the budget and the interior sets out the modalities for calculating compensation.
"The President of the Administrative Tribunal or the Councillor delegated by him for this purpose who has designated the Investigator Commissioner or the members of the Board of Inquiry, determines the number of vacations allocated to the Investigator based on the number of hours that the Investigator Commissioner declares to have spent on the investigation since his appointment until the report and the substantiated conclusions, taking into account the difficulties of the investigation as well as the nature and quality of the work provided.
"On justification, he shall determine the amount of expenses that will be reimbursed to the Commissioner of Inquiry.
"The President of the Administrative Court or the counsellor delegated by him for this purpose sets out by order the amount of compensation. This order is enforceable as soon as it is pronounced, and may be recovered against private or public persons by means of common law.
"In the case of a commission of inquiry, it is up to the chair of the commission to present, under its cover, the number of hours devoted to the investigation and the amount of the expenses of each of the members of the commission, taking into account the work actually carried out by each of them.
"The dived commissioner of the public inquiry is only reimbursed for the costs he incurred.
"This order is notified to the Investigative Commissioner, the Project Manager, Plan or Program, and to the Investigative Commissioners' Compensation Fund under section R. 123-26.
"The person responsible for the project, plan or program shall promptly pay to the compensation fund the amounts owing, deducting the amount of the provision paid under the conditions defined in section R. 123-27. The fund pays the amounts collected to the investigator.
"In a period of fifteen days following the notification, the investigator and the person responsible for the project, plan or program may challenge this order by making an administrative appeal to the president of the administrative tribunal concerned. It is a mandatory prerequisite for the exercise of a litigation remedy, barely being admissible. The silence on this administrative remedy for more than fifteen days is a decision to reject. The decision of this administrative appeal may be contested, within fifteen days of its notification, before the jurisdiction to which the author belongs. The request shall be forwarded without delay by the President of the Court to an administrative tribunal in accordance with an allocation table issued by the President of the State Council's litigation section. The chair of the jurisdiction to which the order is owned is called upon to make written comments on the merits of the appeal.
"Art. R. 123-26.-A fund, known as the Investigators' Compensation Fund, is created to pay to the investigators, under the conditions set out in this chapter, the allowances referred to in Article L. 123-18 of this Code and Article R. 11-6-1 of the Code of Expropriation for Public Use.
"The person responsible for the project, plan or program shall pay to the Commissioners Investigators' Compensation Fund the amounts and provisions to cover the allowances that are payable under these sections.
"The Caisse des dépôts et consignations ensures the accounting and financial management of the fund under the conditions defined by an agreement with the State, represented by the Minister for the Environment, and subject to the approval of the Minister for Finance. This agreement specifies, inter alia, the terms and conditions for the supply, management and control of the fund.
"Art. R. 123-27.- Upon the appointment of the investigator(s), the project manager, plan or programme shall pay an allowance, the amount and the time of payment shall be determined by the chair of the administrative tribunal or the delegated adviser for that purpose.
"The person responsible for the project, plan or program may fulfill the obligations resulting from the preceding paragraph by paying an advance payment to the Investigative Commissioners' Compensation Fund on an annual basis on the amounts due and attesting, at the opening of each investigation carried out at the request of the Investigator, that the advance payment is guaranteed.
"The President of the Administrative Court or the counsellor delegated by him for this purpose may, either at the beginning of the investigation or at the time of the investigation or after the filing of the investigation report, grant the investigator, upon his request, an allowance. This decision cannot be appealed. The allowance is paid by the Investigative Commissioners Compensation Fund within the amount collected by the person responsible for the project, plan or program. »
Section 1 of Chapter I of Title I of the Code of Expropriation for Public Use (regular part) is amended as follows:
I. ― Sub-section 1 is entitled "Competent Authority to declare public utility" and includes sections R. 11-1 and R. 11-2 not amended.
II. ― 1° Sub-section 2 is entitled: "Pre-public inquiry procedure pursuant to Part III of Article L. 11-1" and includes sections R. 11-3 to R. 11-14;
2° In the first paragraph of Article R. 11-4, the reference to Article R. 11-14-3 is replaced by the reference to Articles R. 123-5 et seq. of the Environmental Code;
3° In the first paragraph of article R. 11-5, the word "second" is replaced by the word "first";
4° In section R. 11-6-1, the reference to articles R. 123-10 and R. 123-12 of the environmental code is replaced by that to articles R. 123-25 to R. 123-27 of the same code;
5° Sections R. 11-14-1 to R. 11-14-15 are repealed.
III. ― Sub-section 3 of Chapter I, section 1 of Title I of the Code of Expropriation for Public Use (regulatory portion) is entitled "Notices and consultations specific to certain investigations".
Title I of Book II of the Environmental Code is amended as follows:
1° In R. 211-96, the words: "by articles R. 11-4 to R. 11-14 of the expropriation code for public utility. are replaced by the words: "by articles R. 123-1 to R. 123-27. and the last paragraph is deleted;
2° Section R. 211-97 is amended as follows:
(a) The first sentence is replaced by the following sentence: "The file submitted to the investigation includes:"
(b) It is added a 6° as follows:
« 6° Other parts provided for in I of Article R. 11-3 of the Code of Expropriation for public utility. » ;
(c) II is deleted;
3° In R. 211-98, the words: "in R. 11-4 to R. 11-14-15 of the code of expropriation because of public utility" are replaced by the words: "in R. 123-1 to R. 123-27", and the words: "in the same code" are replaced by the words: "in the code of expropriation because of public utility";
4° Section R. 212-40 is amended as follows:
(a) In the first paragraph, the words: "R. 123-6 to R. 123-23" are replaced by the words: "R. 123-1 to R. 123-27", and the words: "at R. 123-7" are replaced by the words: "at R. 123-3-III";
(b) The words: "The folder is composed:" are replaced by the words: "In addition to the elements mentioned in R. 123-8, the folder is composed:"
5° Section R. 214-8 is amended as follows:
(a) In the third paragraph, the words: ", as appropriate, by articles R. 11-4 to R. 11-14 or by articles R. 11-14-1 to R. 11-14-15 of the Code of Expropriation because of public utility. are replaced by the words: "by articles R. 123-1 to R. 123-27. » ;
(b) In the fourth paragraph, the words: "The Prefectural or Interprefectural Order taken under Article R. 11-4 or R. 11-14-5" are replaced by the words: "The Order taken under Article R. 123-9";
(c) The penultimate paragraph is deleted;
(d) At the beginning of the last paragraph are inserted the words: "By derogation from article R. 123-19,"
6° Section R. 214-9 is amended as follows:
The words: "by Article R. 11-4 or Article R. 11-14-7 of the Code of Expropriation for Public Use" are replaced by the words: "at the I of Article R. 123-11";
7° The first sentence of the second paragraph of section R. 214-12 is replaced by the following sentence: "The prefect shall rule within three months of the day of receipt by the prefecture of the report and the conclusions of the investigating commissioner or the commission of inquiry transmitted by their care or, if any, transmitted by the authority that opened the investigation referred to in the second paragraph of section L. 123-3. » ;
8° Section R. 214-64-1 is amended as follows:
(a) In the first paragraph, the words: "as the case may be, under the conditions set out in sections R. 11-4 to R. 11-14 or R. 11-14-1 to R. 11-14-15 of the expropriation code for public use. are replaced by the words: "under the conditions set out in articles R. 123-1 to R. 123-27";
(b) In the fourth paragraph, the words: "The order made under section R. 11-4 or R. 11-14-5 of the same code" are replaced by the words: "The Public Inquiry Opening Order";
(c) In the last paragraph, the words: "shall, as the case may be, be replaced by Article R. 11-4 or Article R. 11-14-7 of the Code of Expropriation because of public utility," are replaced by the words: "as provided by Article R. 123-11";
9° Section R. 214-89 is amended as follows:
(a) In I, the words: "completed, as the case may be, under the conditions set out in sections R. 11-4 to R. 11-14 or R. 11-14-1 to R. 11-14-15 of the expropriation code for public use. are replaced by the words: "under the conditions set out in sections R. 123-1 to R. 123-27. » ;
(b) In II, the words: "The Prefectural or Interprefectural Order taken pursuant to article R. 11-4 or R. 11-14-5 of the same code" are replaced by the words: "the opening of the investigation";
10° In R. 214-100, the words: "R. 214-6 to R. 214-31. are replaced by the words: "R. 123-1 to R. 123-27 and R. 214-6 to R. 214-31. » ;
11° In R. 214-102, the words: "in I of Article R. 11-3 of the Code of Expropriation for Public Use" are replaced by the words: "in R. 123-8";
12° Article R. 214-104 is deleted.
Title III of Book III of the Environmental Code is thus modified:
I. ― Section R. 332-2 is amended as follows:
In the first paragraph of this article, the words "expropriation code for public utility" are replaced by the words "R. 123-4 to R. 123-27".
II. ― Section R. 332-3 is replaced by the following:
"The file submitted to the consultations and the public inquiry includes the documents and notices referred to in R. 123-8 as well as:
« 1° A plan to delineate, on a sufficient scale, the territory to be classified and, where appropriate, the scope of protection;
« 2° The corresponding cadastral plans and parcel states;
« 3° A study on the general impact and socio-economic consequences of the project;
« 4° The list of hardships and prohibitions necessary for the protection of the reservation and the general guidelines for its management;
« 5° A summary of the scientific study under section R. 332-1.
"The non-technical presentation note referred to in Article L. 123-8 also specifies the reasons and scope of the operation and the list of interested municipalities. This list includes, for each commune, the indication of the corresponding cadastral sections. »
III. ― Section R. 332-4 is repealed.
IV. ― Section R. 332-5 is amended as follows:
In the first paragraph of this article, the words "to the prefect or sub-prefect" are replaced by the words "to the investigating commissioner or commission of inquiry".
V. ― Article R. 332-32 is amended as follows:
The words: "expropriation code for public utility" are replaced by the words: "R. 123-4 to R. 123-27".
VI. ― Section R. 332-33 is amended as follows:
1° The I is replaced by the sentence: "The file submitted to the public inquiry includes all the documents and notices provided for in section R. 123-8 as well as all the elements referred to in section R. 332-30. » ;
2° In II, the words: "to the president of the regional council within three months" are replaced by the words: "to the investigating commissioner or the commission of inquiry within one month."
VII. ― Article R. 332-50 is as follows:
"Art. R. 332-50.-The assembly of Corsica deliberates on the modalities for the initiation and organization of the public inquiry which takes place in the forms provided for in articles R. 123-4 to R. 123-27. In accordance with provisions of Article L. 4422-25 of the General Code of Territorial Communities, the President of the Executive Council shall carry out this deliberation. »
VIII. ― Section R. 332-51 is amended as follows:
1° I is replaced by the sentence: "The file submitted to the public inquiry includes all of the documents and notices referred to in R. 123-8 as well as all of the elements referred to in R. 332-30. » ;
2° In II, the words "to the president of the executive council of Corsica" are replaced by the words "to the investigating commissioner or the commission of inquiry".
IX. ― Section R. 333-6-1 is amended as follows:
1° In the first paragraph the words: "by articles L. 123-4 to L. 123-16 and by articles R. 123-7 to R. 123-23" are replaced by the words: "by articles L. 123-1 to L. 123-19 and by articles R. 123-4 to R. 123-27; » ;
2° In the second paragraph the words: "and, in Corsica, the president of the executive council, exercise" are replaced by the word "executive";
3° It is inserted, after the second paragraph, a new paragraph as follows: "In Corsica, the Assembly of Corsica deliberates on the modalities for the initiation and organization of the public inquiry which takes place in the forms provided for in articles L. 123-1 to L. 123-19 and articles R. 123-4 to R. 123-27. In accordance with provisions of Article L. 4422-25 of the General Code of Territorial Communities, the President of the Executive Council shall carry out this deliberation. »
X. ― The second part of Article R. 334-29 is replaced by the following:
« 2° Submitted to public inquiry by the prefect of the department referred to in article R. 334-27. The survey is organized in the territory of the coastal communes directly interested in the project. The departmental branches of the territories and the sea and the interregional branches of the sea or, overseas, the directions of the environment, the accommodation and the branches of the sea, territorially competent are among the places of investigation. »
XI. ― The second sentence of section R. 334-30 is replaced by the following:
"The departmental branches of the territories and the sea and the interregional branches of the sea or, overseas, the directions of the environment, the development and the housing and the branches of the sea, territorially competent are among the places of investigation. »
Title IV of Book III of the Environmental Code is thus modified:
I. ― Section R. 341-2 of the Environmental Code is replaced by the following:
"Art. R. 341-2.-The public inquiry under Article L. 341-1 before the registration decision is opened and organized by a prefect's order under the conditions set out in Articles R. 123-2 to R. 123-27 of this Code. In Corsica, the assembly of Corsica deliberates on the modalities for the opening and organization of the public inquiry which takes place in the forms provided for in articles R. 123-4 to R. 123-27. In accordance with provisions of Article L. 4422-25 of the General Code of Territorial Communities, the President of the Executive Council shall carry out this deliberation.
"In addition to the documents and documents set out in section R. 123-8, the public inquiry file includes:
« 1° A presentation report with a landscape, historical and geomorphological analysis of the site, the objectives of registration and, possibly, management guidance;
« 2° A site delimitation plan to be entered;
« 3° The corresponding cadastral plans. »
II. ― Section R. 341-3 of the Environmental Code is amended as follows:
The first sentence of the first paragraph is amended as follows:
The words: "The publicity measures set out in the second and third paragraphs of Article R. 341-2 are carried out at the diligence of the prefect, which is carried out" are replaced by the following words: "The prefect is proceeding", the rest without change.
The last sentence of the first paragraph is deleted.
In the second paragraph, the words: "and all other places usually used for displaying public acts" are deleted.
In the fourth paragraph, the words "in the second and third paragraphs of Article R. 341-2 and" are deleted.
III. ― Section R. 341-4 of the Environmental Code is replaced by the following:
"Art. R. 341-4.-The public inquiry under Article L. 341-3 before the classification decision is opened and organized by a prefect's order under the conditions set out in Articles R. 123-2 to R. 123-27 of this Code.
"In addition to the documents and documents listed in R. 123-8, the public inquiry file includes:
« 1° A presentation report with a landscape, historical and geomorphological analysis of the site, classification objectives and, possibly, management guidance;
« 2° Where applicable, the specific classification requirements referred to in the third paragraph of Article L. 341-6;
« 3° A site delimitation plan to be classified;
« 4° The corresponding cadastral plans. »
IV. ― The first two paragraphs of section R. 341-5 of the Environmental Code are replaced by the following:
"Art. R. 341-5.-For the duration of the investigation, the owners concerned may disclose their opposition or their consent to the proposed classification, either by a reference on the record of the investigation, or by a registered letter with a request for a notice of receipt addressed to the Commissioner of Inquiry or to the Chairman of the Board of Inquiry at the headquarters of the investigation. »
I. ― Title I of Book V of the Environmental Code is thus modified:
1° Section R. 512-14 is amended as follows:
(a) The provisions of I, II and III shall be replaced by the following provisions:
"I. ― The public inquiry shall be governed by the provisions of Chapter 3 of Title II of Book I and subject to the provisions of this Article.
“II. ― When the file is complete, the prefect shall, within two months, communicate the application to the chair of the administrative tribunal, indicating the dates he intends to retain for the opening and closing of the public inquiry. It simultaneously informs the applicant.
"III. ― The municipalities, in which the notice to the public provided for in section I of R. 123-11 is displayed, are those affected by the risks and disadvantages of which the establishment may be the source and, at least, those of which part of the territory is located at a distance, taken from the perimeter of the facility, below the display radius fixed in the nomenclature of the facilities classified for the section whose installation is located. » ;
“(b) The provisions of the IV shall be replaced by the following:
"IV. ― The non-technical summaries referred to in the III of Article R. 512-8 and II of Article R. 512-9 are published on the prefecture's website under the same conditions as those provided for in Article R. 123-11.
"When the facility is the subject of a specific plan of intervention pursuant to Decree No. 2005-1158 of 13 September 2005 on specific plans of intervention for certain fixed works or facilities and pursuant to Article 15 of Act No. 2004-811 of 13 August 2004 on the Modernization of Civil Security, the notice to the public referred to in I of Article R. 123-11 mentions it. » ;
2° Articles R. 512-15 to R. 512-18 are repealed;
3° In sections R. 512-20, R. 512-22, R. 512-40, the words "4° of the III of Article R. 512-14" are replaced by the words "III of Article R. 512-14";
4° In the first paragraph of article R. 512-41:
(a) After the words: "The provisions" are added the words: "from section 2 of chapter III of title II of Book I and ";
(b) The words: "in R. 512-17" are repealed;
5° The provisions of section R. 512-46-10 shall be replaced by the following provisions:
"Art. R. 512-46-10.-By derogation from section R. 512-14, when applying the provisions of section R. 512-46-9, the scope of the notice to the public referred to in section III R. 512-14 is that set out in section R. 512-46-11. » ;
6° The provisions of section R. 515-14 shall be replaced by the following provisions:
"Art. R. 515-14. - A public inquiry is organized in the forms set out in chapter III, section 2, title II, of Book I and article R. 512-14.
"However, the 48-hour period provided for in R. 123-15 is extended to eight days. » ;
7° Section R. 515-27 is amended as follows:
(a) I is replaced by the following:
"I. ― The public inquiry is carried out in the forms set out in chapter III, section 2, title II, of Book I and article R. 512-14";
(b) In III:
― the words "as provided in the second paragraph of Article R. 512-15" are replaced by the words "as referred to in Article R. 123-11";
the words: "by the last paragraph of Article R. 512-16 and the second paragraph of Article R. 512-17" are replaced by the words: "the last paragraph of Article R. 123-16 and the second paragraph of Article R. 123-17";
― the words "of the sixth paragraph of Article R. 512-17" are replaced by the words "of the second and third paragraph of Article R. 123-19";
8° In R. 515-44, the words: "by articles R. 123-1 to R. 123-33" are replaced by the words: "by chapter III, section 2, title II, of Book I."
9° In R. 517-3, the words: "in R. 512-14 to R. 512-17" are replaced by the words: "in chapter III, section 2, title II, of Book I and articles R. 512-14";
10° In R. 517-4, the words: "R. 512-14 to R. 512-17" are replaced by the words: "in chapter III, section 2, title II, of Book I and articles R. 512-14".
II. ― In section R. 655-3 of the Environmental Code, the words: "in sections R. 512-14 to R. 512-18" are replaced by the words: "in section 2 of chapter III of title II of Book I and section R. 512-14".
Section R. 2224-8 of the General Code of Territorial Communities is amended as follows:
The words: "at 1° and 2° of Article L. 2224-10" are replaced by the words: "at Article L. 2224-10" and the words: "R. 123-6 to R. 123-23 of the Environmental Code" are replaced by the words: "R. 123-1 to R. 123-27 of the Environmental Code".
A lArticle 7 of Decree No. 2004-308 of 29 March 2004 relating to concessions of use of the marine public domain outside ports, the words: "R. 11-14-3 to R. 11-14-15 of the code of expropriation because of public utility" are replaced by the words: "R. 123-1 to R. 123-27 of the environmental code".
Decree No. 2004-309 of 29 March 2004 on the procedure for the delimitation of the shoreline of the sea, the lais and relays of the sea and the transverse limits of the sea at the mouth of rivers and rivers is amended as follows:
1° In section 4, the words "in sections R. 11-4 to R. 11-14 of the Code of Expropriation for Public Use" are replaced by the words "in articles R. 123-1 to R. 123-27 of the Environmental Code";
2° In Article 5, the words: "Article R. 11-4 of the Code of Expropriation for Public Use" are replaced by the words: "the order provided for in Article R. 123-9 of the Environmental Code".
Decree No. 2005-992 of 16 August 2005 referred to above is amended:
1° In Article 1, the words "1-1,1-2,2-1,4 and 5 of the Code of the River Public Domain and Inland Navigation" are replaced by the words: "L. 2111-12, L. 2124-7, L. 2142-1, L. 3113-1, L. 3113-2 of the General Code of the Ownership of Public Persons";
2° In Article 2, the words "2-1 of the Code of the River Public Domain and Inland Navigation" and "R. 11-4 to R. 11-14 of the Code of Expropriation for Public Purpose" are replaced by the words "L. 2111-12 of the General Code of Public Ownership" and "R. 123-1 to R. 123-27 of the Environmental Code";
3° Article 6 reads as follows: "The planned public inquiry in respect of declassification by section L. 2142-1 of the general code of public property shall take place under the conditions established by the code of expropriation for public utility. In the case of a declassification of the fluvial public domain of a territorial or grouping, the investigation procedure is conducted by the community. » ;
4° In Article 7, the words: "8 of the Code of the River Public Domain and Inland Navigation" are replaced by the words: "L. 2111-9 of the General Code of Public Ownership";
5° In Article 12, the words: "5 of the Code of the River Public Domain and Inland Navigation" are replaced by the words: "L. 2124-7 of the General Code of Public Ownership";
6° In Article 14, the words: "1-2 of the Code of the River Public Domain and Inland Navigation" are replaced by the words: "L. 3113-2 of the General Code of Public Ownership";
7° In Article 16, the words "35 of the Code of the River Public Domain and Inland Navigation" are replaced by the words "L. 2125-7 of the General Code of Public Ownership".
A lArticle 9 of Decree No. 2006-608 of 26 May 2006 the words "R. 11-14-3 to R. 11-14-15 of the Code of Expropriation for Public Use" are replaced by the words "R. 123-1 to R. 123-27 of the Environmental Code".
Article 13 of the above-mentioned Decree of 2 June 2006 is amended as follows:
1° In the first paragraph, the words: "by Article R. 122-11 III and R. 123-8 to R. 123-23 of the Environmental Code" are replaced by the words: "by Article R. 122-9 I and Articles R. 123-1 to R. 123-27 of the Environmental Code";
2° At 1°, the words "at 1° of Article R. 123-13" are replaced by the words "at R. 123-6";
3° At 2°, the words "at 2° of Article R. 123-13" are replaced by the words "at 4° and 5° of Article R. 123-9";
4° At 3°, the words: "in the first paragraph of Article R. 123-14" are replaced by the words: "in the first paragraph of Article R. 123-11" and the words: "by the last paragraph of Article R. 123-14" are replaced by the words: "in the III of Article R. 123-11";
5° At 4°, the words "in R. 123-16" are replaced by the words "in R. 123-10";
6° At 5°, the words "in R. 123-17" are replaced by the words "in R. 123-13";
7° At 6°, the words "in R. 123-18" are replaced by the words "in R. 123-15";
8° At 7°, the words "in R. 123-20" are replaced by the words "in R. 123-17";
9° At 8°, the words "in the second paragraph of article R. 123-22" are replaced by the words "in article R. 123-16".
A lArticle 11 of Decree No. 2006-798 of 6 July 2006 the words "R. 123-8 to R. 123-23 of the Environmental Code" are replaced by the words "R. 123-1 to R. 123-27 of the Environmental Code" and "R. 123-1 to R. 123-27 of the Environmental Code" are replaced by the words "R. 123-1 to R. 123-27 of the Environmental Code".
The above-mentioned decree of 2 November 2007 is amended as follows:
I. ― In the first paragraph of Article 13, the words: "R. 123-1 to R. 123-23" are replaced by the words: "R. 123-1 to R. 123-27".
II. ― In the third paragraph of Article 13, paragraph I, the words: "in the first paragraph of Article R. 123-6 of the Environmental Code" are deleted and, after the words: "Preliminary Safety Report", are inserted the words: "the other elements required by Article R. 123-8 of the Environmental Code".
The provisions of this Decree shall apply to public investigations, which shall be published on the first day of the sixth month after its publication. The provisions of Article R. 123-1 II and III of the Environmental Code, in its drafting resulting from this decree, apply to applications for authorization filed on the first day of the sixth month after its publication.
The Minister of Defence and Veterans Affairs, the Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of Interior, Overseas, Territorial Authorities and Immigration, and the Minister of Budget, Public Accounts and State Reform, the spokesperson of the Government, are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 29 December 2011.
François Fillon
By the Prime Minister:
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
Minister of Defence
and veterans,
Gérard Longuet
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
