Key Benefits:
Minister of Ecology, Sustainable Development and Energy,
Having regard to Council Directive 91/271/EEC of 21 May 1991 on the treatment of residual urban waters;
In light of Directive 2000/60/EC of the European Parliament and the Council of 23 October 2000 establishing a framework for a community water policy;
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 2006/118/EC of the European Parliament and the Council of 12 December 2006 on the protection of groundwater from pollution and deterioration;
Having regard to Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 establishing environmental quality standards in the field of water, amending and repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC;
Considering the substance directive 2013/39/EU of 12 August 2013 amending Directives 2000/60/EC and 2008/105/EC with regard to priority substances for water policy;
In light of Commission Directive 2014/80/EU of 20 June 2014 amending Annex II to Directive 2006/118/EC of the European Parliament and the Council on the Protection of Groundwater from Pollution and Deteriorating;
Considering the environmental code, including its articles L. 211-1, L. 212-1 and following, L. 122-4 and following, R. 122-17 and subsequent, R. 211-71 to R. 211-74 and R. 212-1 to R. 212-23;
Considering the general code of territorial authorities, including articles L. 2224-7 to L. 2224-10, L. 4424-36 and L. 4424-36-1;
Considering the Public Health Code;
In view of the decision of 16 May 2005 on the delimitation of basins or groupings of basins for the development and updating of the water development and management frameworks;
Considering the 17 March 2006 decision on the content of the water development and management frameworks;
Having regard to the amended decision of 12 January 2010 on the methods and criteria to be implemented to delineate and classify the masses of water and to establish the state of the places provided for in Article R. 212-3 of the Environmental Code;
In view of the decision of 25 January 2010 on methods and criteria for the assessment of the ecological state, the chemical state and the ecological potential of surface water under sections R. 212-10, R. 212-11 and R. 212-18 of the Environmental Code;
Considering the opinion of the interdepartmental water mission of 6 November 2014,
Stop it!
Section 1 of the above-mentioned 17 March 2006 Order is amended as follows:
1° At 3° of I, the words "of the second paragraph of Article R. 212-7 and" are deleted;
2° The 3° of the I is supplemented by the words: ", as well as the objectives defined under Article R. 212-9 of the Environmental Code";
3° The 5th of I is supplemented by the words: ", as well as the lists of hazardous substances and non-hazardous pollutants for which measures to prevent or limit introductions to groundwater are defined. » ;
4° A sub-item is added to I:
« 6° A summary of the climate change adaptation approach for the basin. » ;
5° The 7° of the II is replaced by the following:
« 7° Synthesis of methods and criteria used in the development of water development and management frameworks; » ;
6° The 8°, 9° and 10° of the II are deleted.
In article 5 of the above-mentioned decision of 17 March 2006, a third paragraph was added:
"A summary of the progress made in achieving environmental objectives is presented in the master plan when it is updated. »
Section 6 of the above-mentioned 17 March 2006 Order is amended as follows:
1° In the first paragraph of I, the first reference to "state", the words: "mass classifications of heavily modified or artificial water" and the sentence: "The table model to be used is presented in the Appendix to this Order" are deleted;
2° The 3° of the I is replaced by the following provisions: "A map showing the non-substantiated chemical status objectives that involve persistent, bioaccumulative and toxic ubiquitous substances defined by the January 25, 2010 Decision on Methods and Criteria for Assessing the Ecological, Chemical and Environmental Potential of Surface Waters. »
Section 7 of the above-mentioned 17 March 2006 Order is amended as follows:
1° In the first paragraph of Article 7, the first reference to "state" is deleted;
2° In the first paragraph, the sentence: "The table model to be used is presented in the Appendix to this Order. "It identifies, for each mass of water for which one or more significant and sustainable rising trends have been identified, the pollutants for which measures must be implemented to reverse trends in the degradation of the groundwater condition in accordance with section R. 212-21-1 of the Environmental Code. » ;
3° The second to the seventeenth preambular paragraphs shall be deleted;
4° In the nineteenth paragraph, the phrase: "A map showing the quantitative state objectives and identifying the surface water masses whose regeneration by groundwater is essential for maintaining their ecological state. is replaced by the phrase: "A map showing quantitative state objectives and identifying the masses of groundwater that have an essential role in feeding the surface water masses for the maintenance of their ecological state";
5° The twentieth paragraph is supplemented by the words: "as well as the masses of water to be the subject of measures to reverse trends to the degradation of the state of the groundwater. » ;
6° The last paragraph is deleted.
Section 8 of the above-mentioned 17 March 2006 Order is amended as follows:
1° At the beginning of the first paragraph, the number "I.-" is inserted;
2° The following paragraphs are added:
"II.-The master plan for the development and management of water, for the affected masses, specifies the reasons for the modifications or alterations that justify, under the conditions defined in I bis of Article R. 212-16 of the Environmental Code, derogations based on the objectives mentioned in 1 to 4° of IV and VI of Article L. 212-1 of the Environmental Code.
"III.-A synthesizing table for each mass of water concerned specifies the reasons for classifications in masses of water that are highly modified or artificial. »
In section 9 of the above-mentioned 17 March 2006 Order, the sentence: "For the priority and hazardous substances defined in section 9 of the above-mentioned Decree of 16 May 2005, the objective of progressive reduction or elimination of spills, discharges, direct or indirect releases is presented, for each substance or group of substances, as a percentage of reduction expected on the due date of the development master plan and » is replaced by the sentence:
"For priority and hazardous substances in section R. 212-9 of the Environmental Code, the objectives of phasing out or eliminating spills, flows, direct or indirect discharges are presented in the form of a summary table, with for each substance or group of substances, a reduction percentage expected on the due date of the water development and management master plan. »
After the fourth paragraph of Article 11 of the above-mentioned 17 March 2006 Order, a paragraph is inserted in this section:
« 3° The basin, sub-basins or sub-bassin groupings that justify the creation or modification of the perimeter of a territorial public basin institution or a public water development and management institution pursuant to the III of section L. 213-12 of the Environmental Code. »
Section 12 of the above-mentioned 17 March 2006 Order is amended as follows:
I.-After the first preambular paragraph, a sub-item reads as follows:
"The accompanying documents may refer to the regulations or technical guidelines developed by the Ministry in charge of the environment. »
II.-The I shall be replaced by the following:
"I.-The synthetic presentation on water management referred to in 1° of II of Article 1 above includes:
« 1° An assessment of the master plan for water development and management of the previous cycle, including:
“(a) An assessment of the progress made in achieving the objectives set out in the previous master plan and, where an objective has not been achieved, the reasons for this gap;
“(b) A synthetic and motivated presentation of the measures set out in the previous version of the multi-year programme of measures that have not been implemented;
"(c) Synthetic and motivated presentation of any additional measures taken pursuant to Article R. 212-23 of the Environmental Code;
« 2° The summary of the state of the premises defined in section R. 212-3 of the Environmental Code. For groundwater, this summary will include specific information on each mass of water or groups of water masses that are at risk of not achieving environmental objectives, including, for each mass of water concerned:
“(a) The size of the water masses at risk;
“(b) Each pollutant or pollution indicator characterizing a mass of water as at risk;
« 3° The inventory referred to in the h of Article 10 of the amended 12 January 2010 Order relating to the methods and criteria to be used to delineate and classify the masses of water and to establish the status of the places provided for in Article R. 212-3 of the Environmental Code;
« 4° The abridged version of the Register of Protected Areas defined in Article R. 212-4 of the Environmental Code;
« 5° The map of water development and management plans adopted or under development. »
III.-In IV, the 2° is supplemented by the words: "with a map of the chemical state without substances consisting of persistent, bioaccumulative and toxic ubiquitous substances defined by the Decree of 25 January 2010 on methods and criteria for the assessment of the ecological state, the chemical state and the ecological potential of surface waters. »
The IV is supplemented by a sub-item:
« 5° A map of groundwater masses for which a significant and sustainable upward trend has been identified. »
IV.-The V is replaced by the following:
"V.-The monitoring device referred to in 5° of II of Article 1 above shall contain at least the indicators for the following:
« 1° The assessment of the state of the water and the achievement of the objectives defined in the water development and management master plan;
« 2° Assessing the status of the different quality elements of the ecological state at the control sites;
« 3° Reduction of emissions from each priority substance;
« 4° Assessment of the state of bathing waters;
« 5° Assessment of the state of conchylic waters;
« 6° Accessibility and attendance of watercourses by one or more migratory fishes;
« 7° Overcoming the quantity objectives at the nodes;
« 8° Volumes of water taken from groundwater and surface water and their ventilation by sector of activity;
« 9° Compliance with urban wastewater collection and treatment requirements;
« 10° Delimitation of the feeding areas of the catches and the realization of the action plans;
« 11° The restoration of continuity to the law of works located on watercourses classified under 2° of Article L. 214-17 of the Environmental Code;
« 12° The coverage of water distribution areas by unique collective management bodies;
« 13° Development of water and river contracts development and management schemes;
« 14° Cost recovery by economic sector.
"These indicators are complemented by basin-specific indicators and adapted to the provisions defined in the master plan.
"The monitoring device is updated to a minimum during the update of the water development and management master plan and the update of the analysis of the characteristics of the basin or pool grouping as provided for in 1° of II of Article L. 212-1 of the Environmental Code. He's on the internet. »
V.-After VI, the following paragraphs are inserted:
" VII.-The synthesis of methods and criteria implemented to develop the water management and development framework includes:
« 1° The conditions of reference, representative of a situation free of alterations due to human activity, for each type of water masses present on the basin;
« 2° For the assessment of the chemical state of groundwater:
“(a) How to establish threshold values at the local level, including how it takes into account:
"the relationship between the masses of groundwater and associated surface waters and terrestrial ecosystems directly dependent;
"the barriers to legitimate, present or future uses or functions of groundwater;
"-all pollutants characterizing the masses of groundwater as at risk;
"the hydrogeological characteristics and, in the case of naturally present substances, the relationship with the geochemical background observed;
"-any relevant information on toxicology, ecotoxicology, persistence, bioaccumulation potential and pollutant dispersion profile;
"the relationship between these threshold values and environmental quality objectives and other quality standards;
“(b) The procedure for assessing the chemical state of the groundwater, including elements on the level, method and period of aggregation of the monitoring results, and how the exceedances of the threshold values observed at certain monitoring points were taken into account in the final assessment;
« 3° For significant and sustainable trends in groundwater:
“(a) The way in which the trend assessment has helped to establish that the groundwater masses undergo a significant and sustainable trend towards increasing concentrations of a pollutant;
“(b) Based on the identified trend and the environmental risks associated with this trend, the reasons behind the starting points for the implementation of measures to reverse a significant and sustainable upward trend;
"(c) If necessary, with respect to the impact of pollution plumes, the results of additional trend assessments for identified pollutants;
« 4° For the assessment of the chemical state of surface water:
“(a) The motivation and justification for the choice of the matrix or biota taxon, the corresponding NQE used, of the level of protection it provides, including the data and methods used to establish these NQEs, and the categories of surface water to which they would apply;
“(b) A table of the quantification limits of the analytical methods for selected monitoring matrixes, including information on the performance of these methods in relation to the minimum performance criteria set out in the October 27, 2011 decision on the accreditation modalities of laboratories conducting water and aquatic environment analyses under the Environmental Code;
"(c) The rationale for the frequency of monitoring of substances for which an EQN for sediments and/or biota is applied, if the controls are spaced over a year;
« 5° A presentation of the approaches and methods used to define the areas of mixtures as defined in Article 2 of the Decree of January 25, 2010 on methods and criteria for the assessment of the ecological state, chemical state and ecological potential of surface water taken under Articles R. 212-10, R. 212-11 and R. 212-18 of the Environmental Code, as well as a presentation of the measures taken to reduce the extent of the areas
"This synthesis can be supplemented by any method necessary to understand the contents of the water development and management master plan.
" VIII.-From 1 January 2021, 2° of the VII of this Article shall be replaced by the following provisions:
« 2° For the assessment of the chemical state of groundwater:
“(a) Information on each mass or group of groundwater masses defined as at risk, including:
"the size of the masses of water;
"-each pollutant or pollution indicator that characterizes groundwater masses as at risk;
"the environmental quality objectives to which the risk is linked, including legitimate uses or functions, whether real or potential, of the groundwater mass, and the relationship between the groundwater masses and associated surface waters, as well as terrestrial ecosystems directly dependent;
"in the case of naturally present substances, natural background levels in the masses of underground water;
"-information on exceedances when threshold values are exceeded;
“(b) The threshold values, which they apply at the national level, at the hydrographic district level, at the portion of the international hydrographic district located in the territory of the Member State, or at the level of a mass of water or a group of masses of particular underground water;
"(c) The relationship between threshold values and each of the following:
"in the case of naturally occurring substances, the geochemical funds observed as defined in section 2.5 of the amended 17 December 2008 Order setting out the criteria for assessing and determining the status of groundwater and significant and sustainable trends in the degradation of the chemical state of groundwater;
"the waters of associated surfaces and terrestrial ecosystems directly dependent;
"the environmental quality objectives and other water protection standards in force at the national, EU or international level;
"-any relevant information concerning toxicology, ecotoxicology, persistence, potential for bioaccumulation and pollutant dispersion profile;
"(d) The method of fixing geochemical funds based on the principles set out in Article 4 of the 17 December 2008 Order in Council;
“e) The reasons for the absence of threshold values for the pollutants and indicators listed in Appendix II to the above-mentioned Order of 17 December 2008;
“(f) The main elements of the assessment of the chemical state of groundwater, including the level, method and period of aggregation of monitoring results, the definition of the acceptable scope of overtaking and the method for calculating it.
"If certain items referred to in points a to f above are not included in the water development and management master plan, this absence must be justified in the water development and management master plan. »
The schedule to the above-mentioned 17 March 2006 Order is deleted.
The Director of Water and Biodiversity is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 18 December 2014.
Royal
