Key Benefits:
Publics concerned: any public.
Purpose: Experiment of an obligation to communicate to the public electronically projects, plans and programs that affect the environment.
Effective June 1, 2012.
Notice: The National Environmental Commitment Act of 12 July 2010 provides for a limited list of projects, plans and programs that are subject to public investigation and are likely to affect the environment, the requirement to communicate to the public, electronically, the key documents that form the record of the investigation, such as the impact assessment or the environmental assessment. The Order sets out a list of thirteen categories of projects, plans and programs subject to this experiment: for these projects, plans and programs, the competent authority is required to communicate to the public electronically, by the date of the public inquiry's opening, information and appreciation on their impact on the environment. This communication takes the form of an online layout of the documents on the website of the competent authority. When this authority is the prefect, the documents are published on the state services website in the department. This experiment, which will have to be completed before June 1, 2017, applies without prejudice to the other advertising terms provided for in the applicable texts.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr). It is taken for application of theArticle 236 of Act No. 2010-788 of 12 July 2010 bringing national commitment to the environment.
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;
In light of Council Directive 2003/35/EC of 26 May 2003 providing for public participation in the development of certain environmental plans and programmes and amending, with respect to public participation in access to justice, Council Directives 85/337/EEC and 96/61/EC;
Given the environmental code, including its article L. 123-10, in its drafting resulting from theArticle 236 of Act No. 2010-788 of 12 July 2010 bringing national commitment to the environment;
Vu la Act No. 2010-788 of 12 July 2010 bringing national commitment to the environment, including Article 245;
Based on the opinion of the Standards Advisory Board dated July 28, 2011,
Decrete:
I. ― As part of the experiment under Article L. 123-10, Part II, of the Environmental Code, the competent authority to open and organize the public inquiry shall, by electronic means, communicate to the public, by the date of initiation of the investigation, the elements referred to in Part II with a view to assessing the environmental impact of the projects, plans and programs referred to in Part II of this Article. This communication is carried out without prejudice to the other advertising terms provided for in the texts in force.
II. ― Projects, plans and programs to be communicated to the public electronically are those related to:
1° To the basic nuclear facilities under a public investigation relating to a creation authorization or authorization for final shutdown and dismantling, or a final shutdown and passage in the monitoring phase, or an amendment to one of these authorizations pursuant to the I, II, V and VI of Article 29 of Act No. 2006-686 of 13 June 2006 on transparency and security in nuclear matters;
2° To the equipment and facilities referred to in the second paragraph of Article 28 of the Act of 13 June 2006 referred to above, subject to a request for authorization;
3° Work on the creation of roads, highways or rapid roads subject to impact assessment;
4° To the creations of railways subject to impact study;
5° Water development and management patterns;
6° To departmental and interdepartmental plans for the disposal of household and assimilated wastes;
7° In the plan for the disposal of household waste in Ile-de-France;
8° Waste storage facilities subject to authorization;
9° Waste treatment facilities subject to authorization;
10° To departmental career patterns;
11° To licensed careers;
12° The regional and national nature park charters;
13° Regional ecological coherence schemes.
The provisions of section 1 shall apply to projects, plans and programs that have been issued as of June 1, 2012 for the opening and organization of the public inquiry.
The Minister for the Environment, before June 1, 2017, prepares a report on the assessment of the experiment referred to in the second paragraph of section L. 123-10 of the Environmental Code.
The Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of the Interior, Overseas, Territorial Authorities and Immigration, the Minister of Economy, Finance and Industry, and the Minister to the Minister of Economy, Finance and Industry, responsible for the industry, energy and the digital economy, are responsible, each with regard to the publication of the Official Gazette, and each with regard to the publication of the Official Gazette
Done on 29 December 2011.
François Fillon
By the Prime Minister:
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
Minister of Economy,
finance and industry,
François Baroin
Minister to the Minister of Economy,
finance and industry,
responsible for the industry,
energy and the digital economy,
Eric Besson
