Key Benefits:
Publics concerned: companies with facilities under the Greenhouse Gas Emission Exchange System (GHS) and companies under this system whose facilities are considered to be basic nuclear facilities (INB).
Purpose: Definition of the rules of the quota system applicable to basic nuclear facilities; provisions applicable to all facilities under the greenhouse gas emissions trading system.
Entry into force: the text comes into force on the day after its publication.
Notice: The decree defines the rules of the greenhouse gas emission quota system applicable to the equipment and facilities of the basic nuclear facilities mentioned in the first paragraph of Article L. 593-3 of the Environmental Code. It thus extends to INB the rules of allocation and issuance of quotas fixed by the Articles R. 229-5 et seq. of the Environmental Code for existing facilities and new entrants.
The Order also specifies, for all facilities under the Greenhouse Gas Emission Quota Exchange System, the rules applicable in the event of a change of operator and establishes a fifth class contravention that criminalizes the absence of information to the Prefect regarding planned or actual changes in the capacity, level of activity and operation of a facility. It also postpones the deadline for filing greenhouse gas emission declarations from 15 to 28 February each year.
The decree also amends the Decree No. 2007-1557 of 2 November 2007 relating to basic nuclear facilities and the nuclear safety control of the transport of radioactive substances in order to transpose to the INB the rules of the greenhouse gas emission quota system relating to the application for authorization to issue greenhouse gases and the content of that authorization, which will now be similar to those in force for the ICPEs. In particular, it sets out the elements of information that must be included in the records for the creation, final shutdown and dismantling of an INB, as well as the operator's reporting obligations in the event of a significant expansion or reduction in the facility's capacity, partial or total cessation of the activity or change of its level of activity, operation, mode of use or operation.
References: the provisions of environmental code and Decree No. 2007-1557 of 2 November 2007 Amended by this decree may be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr). The decree is taken for the application of theOrder No. 2012-827 of 28 June 2012 on the Greenhouse Gas Emission Exchange System (period 2013-2020), which transposes Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC to improve and extend the Community Greenhouse Gas Emission Exchange System of 23 April 2009.
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy,
Considering the amended Directive 2003/87/EC establishing a system for the exchange of greenhouse gas emission quotas in the community and amending Council Directive 96/61/EC;
Considering Commission Regulation (EU) No. 920/2010 of 7 October 2010 concerning a standardized and secure registry system in accordance with European Parliament and Council Directive 2003/87/EC and Decision No. 280/2004/EC of the European Parliament and Council;
Having regard to Regulation No. 389/2013 of 2 May 2013 establishing a register of the Union in accordance with Directive 2003/87/EC of the European Parliament and the Council and Decisions No. 280/2004/EC and No. 406/2009/EC of the European Parliament and the Council and repealing Regulation (EU) No. 920/2010 and (EU) No. 1193/2011 of the Commission;
Having regard to European Commission decision 2011/278/EU of 27 April 2011 defining transitional rules for the whole Union concerning the harmonized allocation of free-of-charge emission quotas in accordance with Article 10 bis of Directive 2003/87/EC;
Vu le environmental codeincluding articles L. 120-1, L. 229-5 et seq. and title IX of Book V;
Vu le Criminal code ;
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 Nuclear Safety Authority of 3 October 2013;
The State Council (section of public works) heard,
Decrete:
Section 2 of Chapter IX of Title II of Book II of the Environmental Code (regulatory part) is amended in accordance with sections 2 to 12 below.
The title of subsection 1 is supplemented by the words "and the equipment and facilities mentioned in the first paragraph of Article L. 593-3".
Section R. 229-5 is amended as follows:
I. - In the first paragraph, before the words: "at facilities classified for the protection of the environment", the words are inserted: "to equipment and facilities necessary for the operation of a basic nuclear facility mentioned in the first paragraph of Article L. 593-3 and".
II. - In the first paragraph, the sentence: "It applies to basic nuclear facilities when using fuel combustion plants at facilities with a total heating power of combustion greater than 20 MW. » is deleted.
III. - Article I R. 229-5 is supplemented by a paragraph as follows:
"If the same operator operates a number of activities, which are listed in the table below, in equipment and facilities referred to in the first paragraph of Article L. 593-3 and within the perimeter of the same basic nuclear facility, the capabilities of these activities or the calorific combustion powers of these combustion equipment and facilities are added. »
Section R. 229-6 is amended as follows:
I. - The seventh preambular paragraph is supplemented by the following sentence:
"When a sub-installation is located within the scope of a basic nuclear facility, the Nuclear Safety Authority replaces the prefect to carry out this determination. »
II. - The eighth preambular paragraph is supplemented by the following sentence:
"When the facility is located within the scope of a basic nuclear facility, the Nuclear Safety Authority replaces the prefect to establish that the consumer is part of a sector or subsector considered to be exposed to the above risk. »
The third paragraph of Article R. 229-7 is supplemented by the following sentence: "When the facility is located within the scope of a basic nuclear facility, this level of historical activity is determined by the Nuclear Safety Authority. »
Section R. 229-8 is amended as follows:
I. - In the last paragraph of I, the words: "and for classified facilities referred to in the second paragraph of this same article" are deleted.
II. - The III is supplemented by the words "classified for the protection of the environment".
III. - The III is supplemented by a sub-item:
"An Order of the Minister for Nuclear Safety sets out the conditions and methodologies for calculating the allocation and issuance of these quotas, including provisionally for each equipment and installation required for the operation of a basic nuclear facility referred to in the first paragraph of section L. 593-3. »
I. ― Section R. 229-16-1 is supplemented by the following paragraph:
"For the purposes of this section to the equipment and facilities referred to in the first paragraph of Article L. 593-3, the operator shall inform the Nuclear Safety Authority under the conditions and procedure provided for in Article 26-1 of Decree No. 2007-1557 of 2 November 2007 on basic nuclear facilities and the control, in nuclear safety, of the transport of radioactive substances. »
II.-After article R. 229-16-1, an article is inserted as follows:
"Art. R. 229-17.-In the event of an operator change under sections R. 512-68 or R. 516-1, the prefect informs the identity of the new operator the Minister responsible for the environment.
"For the application of the first paragraph to the equipment and facilities referred to in the first paragraph of Article L. 593-3, the change of operator shall be effected pursuant to Article 29 of Decree No. 2007-1557 of 2 November 2007 on basic nuclear facilities and the control, in respect of nuclear safety, of the transport of radioactive substances. The Nuclear Safety Authority shall inform the identity of the new operator of the Minister responsible for the environment.
"The emission reporting and return of the emission quotas set out in sections R. 229-20 and R. 229-21 shall, for the whole of the previous year, be the responsibility of the new operator as soon as the operator change occurs. »
Section R. 229-20 is amended as follows:
I. - In the first paragraph, the words "by 15 February" are replaced by the words "by 28 February" and the words "reported to the administrative authority and" are deleted.
II. - After the third preambular paragraph, it is added a subparagraph to read:
"For equipment and facilities referred to in the first paragraph of Article L. 593-3, the operator shall address the declaration of greenhouse gas emissions referred to in the first paragraph of this Article to the Nuclear Safety Authority. Similarly, this authority shall implement the procedure provided for in article R. 229-33 and referred to in the third paragraph of this article. »
III. - In article R. 229-21, the words "to the national administrator of the European Register" are deleted.
Article R. 229-30 is supplemented by a paragraph as follows:
"For equipment and facilities referred to in the first paragraph of Article L. 593-3, the report of failure referred to in the second paragraph of this article shall be prepared by the inspector of nuclear safety. »
After the article R. 229-30, an article R. 229-30-1 is inserted as follows:
"Art. R. 229-30-1. - is punishable by the fine provided for in the fifth class contraventions by failing to comply with the obligation set out in section R. 229-16-1. »
The last paragraph of section R. 229-33 is supplemented by the sentence: " Similarly, this authority shall exercise the powers of inspection of classified facilities referred to in the second paragraph of this article. »
Sections R. 229-35 and R. 229-36 are amended as follows:
I. - In the IV of section R. 229-35, after the words: "the Minister for Economics, Finance and Industry" are inserted the words: ", the Minister for Nuclear Safety".
II. - In the second paragraph of section R. 229-36, after the words: "the Minister responsible for finances" are inserted the words: "the Minister responsible for nuclear safety".
The above-mentioned decree of 2 November 2007 is amended in accordance with articles 14 to 24 below.
At the I of Article 8, after the 12th, it is inserted a 13° as follows:
« 13° A document containing the description, where the basic nuclear facility includes equipment or installation referred to in the first paragraph of Article L. 593-3 of the Environmental Code subject to the provisions of Article L. 229-5 of the same Code:
“(a) raw materials and fuels whose use is likely to result in greenhouse gas emissions;
“(b) Sources of emissions of these gases;
"(c) Measures taken to quantify emissions under a monitoring plan that meets the requirements of the regulations referred to in section 14 of amended Directive 2003/87/EC of 13 October 2003.
"The file also includes a non-technical summary of the information referred to in a to c."
The II of Article 16 is supplemented by a 7° as follows:
« 7° Mentionne if the basic nuclear facility includes equipment or installation referred to in first paragraph of Article L. 593-3 of the Environmental Code subject to the provisions of Article L. 229-5 of the same Code. »
Before the last paragraph of Article 18 IV, a paragraph shall be inserted, as follows:
"When the basic nuclear facility includes equipment or installation referred to in first paragraph of Article L. 593-3 of the Environmental Code subject to the provisions of Article L. 229-5 of the same Code, the requirements set out the practical modalities for quantification, reporting of greenhouse gas emissions and returning quotas in accordance with the conditions laid down in the articles R. 229-20 and R. 229-21 the environmental code and a greenhouse gas emission monitoring plan for the facility that meets the requirements of the regulation referred to in section 14 of amended Directive 2003/87/EC. »
The title of Chapter VI of Title III is replaced by the title "Reportal Reports and Reports on a Basic Nuclear Facility".
After Article 24, an article 24-1 is inserted as follows:
"Art. 24-1. - In order to allow the Nuclear Safety Authority to review every five years the technical elements of the application for authorization referred to in 13° of I of Article 8, 12° of II of Article 37 or 12° of II of Article 43, the operator of a basic nuclear facility, which includes equipment or installation referred to in Article 43 first paragraph of Article L. 593-3 of the Environmental Code subject to the provisions of Article L. 229-5 of the same Code, shall review the conditions of operation of that equipment or facility.
"This review must assess the situation of equipment or installation in the light of the rules applicable to it in respect of greenhouse gas emissions. The operator shall transmit to the Nuclear Safety Authority a report containing the findings of the review referred to in the first paragraph and, where appropriate, the following updated elements:
“(a) raw materials and fuels whose use is likely to result in greenhouse gas emissions;
“(b) The sources of emissions of these gases;
"(c) Measures taken to quantify emissions under a monitoring plan that meets the requirements of the regulations referred to in section 14 of amended Directive 2003/87/EC of 13 October 2003.
"After an analysis of this report, the Nuclear Safety Authority may impose new technical requirements pursuant to the penultimate paragraph IV of Article 18.
"The operator may conduct the review referred to in the first paragraph at the same time as the operator conducts a security review of the facility provided for in sections L. 593-18 and L. 593-19 Environmental code. However, if the interval between the conduct of two security reviews is greater than five years, the operator shall conduct the review referred to in the first paragraph, in an interim manner, so that no more than five years have elapsed between each review. »
After Article 26, an article 26-1 is inserted as follows:
"Art. 26-1. - When an equipment or installation referred to in first paragraph of Article L. 593-3 of the Environmental Code, subject to the provisions of section L. 229-5 of the same code, is subject to a significant expansion or reduction of capacity as provided for in sections R. 229-12 and R. 229-13 of that same code, a partial or total cessation of its activity referred to in sections R. 229-14 and R. 229-15 of that same code, or a change in its level of activity, operation or operation, Where the amendments mentioned above cannot be foreseen, in particular in the case of a partial cessation of activity, the operator shall notify the Nuclear Safety Authority as soon as possible. »
In II of article 37, after 11°, it is inserted a 12° as follows:
« 12° A document containing the description if, after the final shutdown, the basic nuclear facility includes equipment or installation referred to in the first paragraph of Article L. 593-3 of the Environmental Code subject to the provisions of Article L. 229-5 of the same Code:
“(a) raw materials and fuels whose use is likely to result in greenhouse gas emissions;
“(b) Sources of emissions of these gases;
"(c) Measures taken to quantify emissions under a monitoring plan that meets the requirements of the regulations referred to in section 14 of amended Directive 2003/87/EC of 13 October 2003.
"The file also includes a non-technical summary of the information referred to in a to c."
In the second of Article 38, after the 4th, it is inserted a 5° as follows:
« 5° Specifies whether the basic nuclear facility includes equipment or installation referred to in first paragraph of Article L. 593-3 of the Environmental Code subject to the provisions of Article L. 229-5 of the same Code. »
In II of article 43, after the 11th, it is inserted a 12th grade as follows:
« 12° A document containing the description, if after the final shutdown, the basic nuclear facility includes equipment or installation referred to in the first paragraph of Article L. 593-3 of the Environmental Code subject to the provisions of Article L. 229-5 of the same Code:
“(a) raw materials and fuels whose use is likely to result in greenhouse gas emissions;
“(b) Sources of emissions of these gases;
"(c) Measures taken to quantify emissions under a monitoring plan that meets the requirements of the regulations referred to in section 14 of amended Directive 2003/87/EC of 13 October 2003.
"The file also includes a non-technical summary of the information referred to in a to c."
In the second of article 44, after the 4th, it is inserted a 5° as follows:
« 5° Specifies whether the basic nuclear facility includes equipment or installation referred to in first paragraph of Article L. 593-3 of the Environmental Code subject to the provisions of Article L. 229-5 of the same Code. »
After section 67, an article 67-1 is inserted as follows:
"Art. 67-1. - When a basic nuclear facility includes, as of January 1, 2013, an equipment or installation referred to in the first paragraph of Article L. 593-3 of the Environmental Code subject to the provisions of Article L. 229-5 of the same Code, the operator shall, within three months of the date of publication of the Decree No. 2014-220 of 25 February 2014 relating to the Greenhouse Gas Emission Exchange System (period 2013-2020) and its extension to the equipment and facilities of certain basic nuclear facilities, the technical elements of the application for authorization referred to in 13° of I of Article 8, 12° of II of Article 37 or 12° of II of Article 43. The installation authorization order is amended by the end of the first security review of the basic nuclear facility following that date in order to apply the provisions of 7° of II of Article 16, 5° of II of Article 38 or 5° of II of Article 44 and within a period not exceeding five years after the date of publication of the aforementioned decree. »
The Minister of Ecology, Sustainable Development and Energy is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on February 25, 2014.
Jean-Marc Ayrault
By the Prime Minister:
The Minister of Ecology,
Sustainable Development
and energy,
Philippe Martin
