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Decree No. 2015 - 1188 25 September 2015 On The Publication Of The Agreement Between The Government Of The French Republic And The Government Of The Principality Of Andorra On The Joint Management Of The Water Resource In The Basin Hydrogra...

Original Language Title: Décret n° 2015-1188 du 25 septembre 2015 portant publication de l'accord entre le Gouvernement de la République française et le Gouvernement de la Principauté d'Andorre relatif à la gestion commune de la ressource en eau dans le bassin hydrogra...

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Keywords

BUSINESS , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , PRINCIPAUTE ANDORRE , RESOURCE , HYDROGRAPHICAL BASSIN , ARIGER SOURCES , COMMON MANAGEMENT , AUTHORIZATION , APPROVAL


JORF n°0226 of 30 September 2015 page 17396
text No. 5



Decree No. 2015-1188 of 25 September 2015 on the publication of the agreement between the Government of the French Republic and the Government of the Principality of Andorra on the joint management of the water resource in the watershed of the sources of Ariège (a consolidated annex), signed in Paris on 6 March 2012 (1)

NOR: MAEJ1521992D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/9/25/MAEJ1521992D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2015/9/25/2015-1188/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2015-821 of 7 July 2015 authorizing the approval of the agreement between the Government of the French Republic and the Government of the Principality of Andorra on the joint management of the water resource in the watershed of Ariège sources;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 2001-761 of 28 August 2001 bearing the publication of the Treaty between the French Republic and the Principality of Andorra laying down the border, done at Andorra la Vella on 12 September 2000,
Decrete:

Article 1


The agreement between the Government of the French Republic and the Government of the Principality of Andorra on the joint management of the water resource in the river basin of the sources of Ariège (a whole annex), signed in Paris on 6 March 2012, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.

  • Annex


    AGREEMENT
    BETWEEN THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND THE GOVERNMENT OF THE PRINCIPLE OF ANDORRY RELATING TO THE JOINT MANAGEMENT OF RESOURCE IN THE HYDROGRAPHICAL BASSINESS OF ARIGERIA SOURCES (ENSEM ANNEX), SIGNED TO PARIS on 6 MARCH 2012


    The Government of the French Republic,
    And
    The Government of the Principality of Andorra,
    the Parties,
    Having regard to the treaty between the French Republic and the Principality of Andorra, which corrected the border, dated 12 September 2000;
    Considering the agreement between the Government of the French Republic and the Government of the Principality of Andorra on the delimitation of the border, signed on 6 March 2012;
    Desirous of sharing and sharing the water resources of the Ariège Basin, in accordance with the principles of reciprocity, goodwill and good neighbourliness,
    Acknowledging the need for Parties to implement, by means of a single structure under the control of the two Parties, the works necessary for the rational and controlled use of common water, shared according to the respective needs of the Parties,
    The following agreed:


    Article 1


    Parties agree on the common management of water resources in the Ariège watershed to allow for the rational and controlled use of common water.


    Article 2


    The waters of the river basin of the Ariège springs, as defined on the annexed map, including the waters of the Abelletes pond and all those that feed the Ariège River to its confluence with the Paloumer Creek, are considered to be "common water" for this Agreement.


    Article 3


    The management of common water is carried out in accordance with the following principles:
    1. The Parties shall mutually benefit from free and equitable access and use of common water in accordance with the population concerned.
    2. Parties shall take all appropriate measures to preserve the quality of water and to respect the strictest rules as a result of the present and future regulations of the Parties.
    3. Sustainable management of common water use:
    (a) Parties undertake not to transfer water from the watershed as defined in Article 2 to other geographic areas;
    (b) Parties may transfer water from other geographic areas of their jurisdiction to the watershed as defined in Article 2;
    (c) The operation complies with current and future water standards of the Parties, including with respect to the flow reserve, provided that the most stringent standard is applied. This minimum flow rate is 7.7 l/s off the Fontnegra pond (estany of the Abelletes). A second minimum flow rate is established on the Ariège immediately upstream of the Palermo confluence set at 153 l/s. Parties shall notify the Supervisory Board, referred to in Article 5, of any legislative and regulatory developments that would involve a change in the debit reserve. The Supervisory Commission makes the decisions that arise from the evolution of national and European legislation;
    (d) The water service is charged to the consumer.
    4. Parties undertake to allocate common water for domestic use, with priority given to drinking water. Parties shall exclude any assignment of common water to snow cannons.
    5. Parties undertake to limit capture activities to the watershed as defined in Article 2.
    6. Wastewater treatment is consistent with the most demanding provisions in the applicable legislation of each Party in terms of environmental protection, avoiding any pollutant release in the soil or in the course of Ariège.


    Article 4


    It is created a single management entity that has jurisdiction for the capture of water in the basin, as defined in section 2, the operator.
    1. The operator is a Andorran law organization. He has legal personality and capacity in France and Andorra.
    2. The operator's seat is located in Andorra.
    3. The operator is managed by the French municipalities and Andorran parishes concerned by the capture of water from the watershed.
    4. The French communes and the Andorran parishes concerned specify, in a mutually agreed regulation, the modalities for the organization and operation of the operator, including the mode of designation of the director.
    5. The operator's budget is funded by water billing. This budget is balanced.
    6. The operator shall report to the supervisory board referred to in section 5.


    Article 5


    1. In order to ensure the implementation of the provisions of this Agreement, a monitoring committee shall be established, on behalf of and by delegation of the Parties, all matters related to security, operation, maintenance, renewal and the modernization of the reserved flow capture and measurement facilities. The membership consists of six members, each party with three members. The Parties shall mutually inform these designations and any modification affecting them in writing and diplomatic ways. The Supervisory Committee is alternately chaired by the head of each delegation for one year. Where applicable, the commission may be assisted by experts.
    2. The monitoring commission approves the programs and projects of work and equipment related to the capture of water from the basin, as defined in section 2.
    3. The monitoring committee decides on possible changes to the volume of the minimum flow according to the evolution of national and European legislation and takes its decisions by agreement of the two delegations.
    It may meet, in the event of an emergency at the request of three of its members with 48-hour notice, to know of any malfunction or situation that poses a threat to the water or ecological balance of the area concerned for natural or human causes.


    Article 6


    As soon as this Agreement comes into force, an inventory of the existing catching facilities on the entire basin as defined in section 2, including a description of the works and their precise capture capacity, is prepared by the operator who submits it to the monitoring board.
    These facilities may be redesigned or expanded in accordance with the principles set out in section 3 and after the supervisory board has decided. The costs of this redevelopment as well as any expansion work shall be borne by the territorial authorities referred to in Article 4, paragraph 3, in proportion to their water consumption.


    Article 7


    Parties may, in common agreement, provide for the development, as appropriate, of new facilities for the capture or increase of water control capacity and their management by the relevant territorial authorities.


    Article 8


    The projects and plans required to carry out the work under sections 6 and 7 are developed by the operator's care, which is also responsible for the related administrative authorizations. They are submitted to the monitoring committee and executed after approval by the supervisory committee.


    Article 9


    The works are commissioned by the supervisory board and are maintained by the operator. Parties reserve the opportunity to mutually agree on additional obligations to the operator.


    Article 10


    At the end of the year or any other period decided by the supervisory board, a state of water consumption by the operator is communicated to the monitoring board that ensures full compliance with the above provisions.


    Article 11


    The procurement and execution of public contracts of work, supply and services relating to the development provided for in this Agreement shall be carried out in accordance with the respective laws of the Parties.


    Article 12


    Any dispute relating to the interpretation or application of this Agreement shall be resolved exclusively by means of consultation or negotiation between the Parties by diplomatic means.


    Article 13


    1. This Agreement shall be concluded for an unlimited period of time.
    2. Each Party shall notify the other of the completion of the internal formalities necessary for the entry into force of this Agreement. The latter comes into force on the first day of the second month following the date of receipt of the last notification.
    3. This Agreement may be amended by agreement in writing between the Parties. The amendments shall enter into force under the conditions specified in paragraph 2 of this article.
    4. Each Party may denounce this Agreement at any time by written notification to the other Party. This denunciation takes effect one year after receipt of notification by the other Party.
    5. The denunciation of this Agreement shall not jeopardize the rights and obligations arising from its implementation prior to such denunciation.
    Done in Paris on 6 March 2012, in double copy, each in French and Catalan languages, both versions being equally authentic.


    For the Government of the French Republic:
    Minister of State, Minister for Foreign and European Affairs,
    Alain Juppé


    For the Government of the Principality of Andorra:
    Minister for Foreign Affairs,
    Gilbert Saboya


Done on September 25, 2015.


François Hollande

By the President of the Republic:


The Prime Minister,

Manuel Valls


Minister for Foreign Affairs and International Development,

Laurent Fabius

(1) Effective September 1, 2015.
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