Connaitre ses droits

Chapter IX of Title II of Book II of the Environmental Code is supplemented by a section 4 reads:

"Section 4

"Review of emissions of greenhouse
and climate-energy plan

"Art. R. 229-45.-The provisions of this section shall apply to greenhouse gases listed shall be determined by order of the Minister of Ecology.

"Subsection 1

"Review of emissions of greenhouse

"Art. R. 229-46.-The private legal entities required to prepare an assessment of emissions of greenhouse gases are those that have their headquarters in France to have one or more permanent establishments and meet the requirement of staff working in France set for 1 or 2, of section L. 229-25. The number is calculated according to the rules laid down in Article L. 1111-2 of the Labour Code .
"Art. R. 229-47.-The stock of emissions of greenhouse gases referred to in Article L. 229-25 provides an assessment of the volume of emissions of greenhouse gas emissions produced by the activities of the corporation on the national territory during a year. To assess the volume is produced during the year preceding that in which the balance is established or updated or, if data are available, during the penultimate year. Emissions are expressed in equivalent tons of carbon dioxide.
"The balance sheet distinguishes:
"1 Direct emissions produced by the sources, both fixed and mobile, for the activities of the corporation;
"2 The indirect emissions associated with the consumption of electricity, heat or steam required for the operation of the corporation.
"The summary of actions, combined balance sheet in accordance with Article L. 229-25, presents, for each program category mentioned in 1 and 2 above, the shares that the corporation intends to implement over the next three years the balance sheet. It indicates the overall volume of emission reductions in greenhouse gas emissions expected.
"Local governments and groups who have adopted a climate-energy are exempt from this synthesis.
"Art. R. 229-48.-A corporation other than the State, which meets on 31 December of a year the conditions defined in 1, 2 or 3 of Article L. 229-25, transmitted electronically to the prefect of the region in whose jurisdiction it has its headquarters or principal place of business a review of emissions of greenhouse later than December 31 of the following year, then its updates at the latest before the end of each three-year period that follows.
"Since its transmission to the prefect, it puts the balance available to the public electronically on its website for at least a month. It shall immediately notify the regional prefect and the president of the Regional Council's website address on which the results are made available to the public.
"If she does not have a website, it asks the prefect of the region to carry on the website of the prefecture to making available to the public balance sheet that has been forwarded.
"Art. R. 229-49.-The Minister of Ecology organized with the support of the Agency for Environment and Energy Management, publication of all information necessary to fulfill the requirements mentioned in the Article R. 229-47.
"It means a body of expertise referred to as" pole of the national coordination "will define the composition and methods of operation and is responsible for the following:
"1 To develop the methodologies needed to establish the balance sheets of gas emissions greenhouse gases and to ensure consistent results, particularly in respect of the obligations of the law of the European Union;
"2 To determine the principles for calculating the equivalent tonnes of carbon dioxide emission factors to be used;
"3 Prepare a format for the assessment of emissions of greenhouse gases, which is subject to the approval of the Minister of Ecology;
"4 Follow the implementation of the device balances the emissions of greenhouse gas emissions and make recommendations, if any, on the evolution of this device.
"Art. R. 229-50.-The Prefect of the region and the Regional Chair shall organize, with support from the center of national coordination, and in ways they define together, monitoring the balance sheets of emissions of greenhouse established in the region.
"They list the published balance sheets and check consistency with the requirements set out in the penultimate paragraph of Article L. 229-25 and Article R. 229-47.
"They stand, according to a schedule they determine, but which can not be more than three years, an inventory which is the number of published balance sheets, quality of content and methodological difficulties may be encountered. They communicate these methodological difficulties in the center of national coordination. They include the results of this inventory in the evaluation report provided for in Article R. 222-6.

"Subsection 2

"Climate-energy plan

"Art. R. 229-51.-The operational objectives of the climate-energy plan under 1 ° of II of Article L. 229-26 are encrypted, if any, in equivalent tonnes of carbon dioxide savings in tonnes of oil equivalent of energy or, for each sector of renewable energy, installed capacity and annual production prospects.
"The program of actions to perform, under 2 ° of II of Article L. 229-26, includes a section devoted to policy advocacy and mobilization of all those interested in implementing the plan.
"In accordance with 3 of II of Article L. 229-26, the plan sets up the conditions for the evaluation of its implementation and monitoring. It provides the organizational arrangements.
"Art. R. 229-52.-Notwithstanding the provisions of Article L. 229-26, the local authority or the group lays down rules for drafting and consultation of the draft plan climate-energy. When the community calls upon the development of climate-energy plan, it shall inform in writing the regional prefect and the representative bodies mentioned in Article L. 411-2 of the Code of Construction and Housing.
"Within two months after that notification, the regional prefect forward to the community all the information and data available on the regional pattern of climate, air and energy.
"At the same time, the representative bodies mentioned in Article L. 411-2 of the Code of Construction and Housing may request in writing to the executive of the community to be consulted on the draft plan.
"For the purposes of this section, the representative bodies mentioned in Article L. 411-2 of the Code of Construction and Housing is the president of the regional organizations of social housing. In the absence of such a regional association, the regional prefect asked the president of the National Federation of Regional Associations of social housing agencies to appoint a representative.
"Art. R. 229-53.-The draft plan is submitted for opinion to the regional prefect, and if the request was made, the representative bodies mentioned in Article L. 411-2 of the Code of Construction and Housing. The draft plan is submitted for advice to the President of the Regional Council, except in cases where the region is at the initiative of the plan. These notices are considered favorable if they were not notified in writing within two months.
"Art. R. 229-54.-The draft plan, amended to take account of the notices referred to in Article R. 229-53, is proposed for adoption by the legislative body of the local authority or group.
"When it was adopted, the plan is available to the public on the website and, failing website, at the headquarters of the community.
"Art. R. 229-55.-In accordance with the requirements of Article L. 229-26, the climate-energy plan is updated in the same manner and under the same terms as apply to its development by Articles R. 229-51 in R. 229-54.
"Art. R. 229-56.-When the region has decided, in accordance with Article L. 222-2, plan to integrate climate-energy in the regional pattern of climate, air and energy provided for in Article L. 222-1, the regional plan identifies as a separate chapter the provisions that fall within the territorial climate and energy plan. The climate-energy plan is drafted, adopted and updated in the manner and as provided by Articles R. 229-51 in R. 229-55. "

The Minister of Ecology is, by September 30, 2011, available to local authorities and their groupings the method of the balance sheet under the seventh paragraph of Article L. 229-25 of the Code of the environment.
The first assessment of emissions of greenhouse gas emissions established under this order shall be transmitted no later than December 31, 2012.

Article R. 229-45, the first four paragraphs of Article R. Article R. 229-47 and 229-49 of the Environmental Code, from which this Order does not apply to the first assessment of emissions of greenhouse gases if it was already established in the twelve months preceding the publication of this decree.

When a local authority or a group has adopted a climate-energy in the three years preceding the publication of this decree, the community or group may apply the provisions of Section 4 of Chapter IX of Title II of Book II of the Environmental Code, issue of this Decree, until the update of the plan that should take place no later than five years from the date of its adoption. In the three months following the publication of this Decree, the local authority or group shall transmit to the regional prefect climate-energy plan adopted and the resolution adopting the plan.

The Minister for Ecology, Sustainable Development, Transportation and Housing, the Minister of Economy, Finance and Industry and Minister to the Minister of Economy, Finance and Industry, for Industry, Energy and the digital economy, are responsible, each in his case, the execution of this Decree, to be published in the Official Journal of the French Republic.