3AI3
*'                OCLC 11859377


ENVIRONMENT	

                     FRANCE
*
          Office of International Activities
      U.S. Environmental Protection Agency

                       MayWT?

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                                  Office of International Activities
                                  Environmental Protection Agency
                                  May 1977
FOR INTERNAL USE ONLY

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                                          PREFACE


              This is a brief report on the organization and management of environmental
    activities on the national level in France.   Reports on Japan,  Luxemburg,  Belgium,
    Great Britain, the Netherlands,  Spain, Australia,  the Federal Republic of  Germany,
 v Sweden,  Switzerland, and Canada have already been  distributed.   Similar- reports on
 ^  ot*ier countries will be available soon.  These reports, which are background papers
    for EPA staff involved in international activities,  are not for distribution outside,
    the Agency.                                                                         [
 V?                        -                                                              }
              Emphasis.is on policy and regulatory functions of national environmental  i
 ^  agencies as well as on legal instruments for environmental control..  Research and   \
 .   development,  often under the auspices of other departments, for example, science and!
    technologyf are not covered in these reports.
 £                     -        '                   -^                                    ;
 r             Source documents for the reports,  received %nder the  International Documents
^  Exchange,  are available in the EPA Headquarters Library.   English summaries  of the
    foreign  documents are published  in the monthly bulletin "Summaries of.Foreign Govern—\
    ment Reports."                                                    .

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                               . TASLE OF CONTENTS



                                                                 Page


  I,  National Organization for Environmental Control              1
       *


 II.  Environmental Laws                                          H



III.  Standards                                                   2.S



 IV.  Enforcement Procedures                                      26



  V.  Interrelationships Between Government and Industry          31



      Reference Notes                                             34



      Appendix                                                    37
                                      iii

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       !!i!!.fc £!£!! SIX A L   Z B. £T E. C. T I. 0 N   I. N   F_ R A N £ E_





I.     National Organization for Environmental Control



       overall government structure



          France is a constitutional republic with a popularly elected president who



exercises powers more extensive than those usually associated with heads of state in



parliamentary systems.  The president appoints the prime minister and has a major



voice in the selection of the latter's cabinet (Council of Ministers).  The prime



minister heads the Council of Ministers and directs the routine operation of the



government.  Under the provisions of the Constitution of the Fifth Republic, the



president and the Council of Ministers constitute the executive branch.  For that



reason, members of the Council may not serve at the same time as members of parlia-



ment.  The legislative branch consists of the popularly elected National Assembly and



the indirectly elected Senate; together they form France's parliament.  One of the



most distinguishing features of the French governmental structure is its centralised



nature.  The country is divided into 95 departments, each headed by a prefect, who



is appointed and can be removed by the Minister of the Interior.  The prefect is an



agent of that minister for carrying out national legislation, and directives.  la that



execution he is usually bound by detailed instructions from the Minister of the Inter-



ior, although the prefect possesses broad powers in his own right, particularly in



matters of local pollution.  It is the prefect who implements and executes most en-



vironmental protection regulations at the department level.



       national environmental body



          France was one of the first countries to create a separate ministry for the


                              1*
protection of the environment.    Known as the Ministry for the Protection of Nature



and the Environment, it operated on the ministerial level under the aegis of the Prime



Minister's Office from its establishment on January 7, 1971 to March 15, 1974.  On that



*A11 reference notes will be found beginning on page 34.



                                        -1-

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date, -as a result-of  a reshuffling of the cabinet, environmental responsibilities


were relegated  to a state  secretariat within a broadened ministry  encompassing both'


environmental and cultural affairs.  Another change in portfolios  on June  6 of that


year witnessed  the demise  of  that short-lived ministry and  the establishment of a


new one with a  still  greater  spectrum of topical responsibilities, the Ministry for


the Quality of  Life.


          This  cabinet office had three secretariats, one for youth and sports,

                                                      n
another for tourism and one for environmental affairs.   In spite  of the apparent


diminution of prestige, the new State Secretariat for-the Environment retained the


same mission, functions, and  supporting services that the earlier  separate ministry


had had.


          On August 27, 1976, however, on the occasion of yet another cabinet re-


shuffling, the  opportunity was seized to remedy what had over the  course of time


become apparent as a weakness in ^ministerial structure.  The functions of the State


Secretary for the Environment were at that tine taken over1directly by the Minister


for the Quality of Life 1st order to bring an, end to rivalries stemming from the over-
 *                          i
lapping of responsibilities.


       structure


          The six most important environmental offices subordinate to the Minister


for the Quality of Life are:  1) the Secretariat- General of the High Commission on


the Environment, 2) the Office for the Prevention of Pollution and Nuisances,  3).the
                                      ••

Office for the Protection of-Nature (concerned with hunting, fishing, nature preserves,


and wildlife),  4) the Mission, for the Bural and Urban Environment  (responsible for


green, areas, the seashore, mountainous regions, and the urban setting), 5) the Depart-


ment of General Affairs (administration, budgeting, and planning),  and 6)  the Depart-


ment of Public Relations and Education.-3  The Secretariat General handles long-term


planning and research.  The Office for the Prevention of Pollution and Nuisances deals


                                         -2-

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with the problems of water and air pollution, noise suppression, waste disposal,


and with interministerial coordination on these matters.  (See organization chart,


p. 3a.)


       functions


         , The Minister for the- Quality of Life has on the one hand an administrative


«n4 decisionmaking role and on the other the responsibility for interministerial co-


ordination.  His mission is to assure the protection of landmarks and the landscape;


to improve the quality of life and the environment; and to prevent, reduce, or sup-


press pollution and nuisances of all sorts, whether arising from Individual, agri-


cultural, commercial, or industrial sources.  On the administrative and decisiotr-


making level, the Minister is charged with administering programs that were pre-


viously under the jurisdiction of other ministries.  Among the programs transferred


was the administration of activities concerning dangerous, unhealthy, and nuisance-


producing installations, previously a function of the .Ministry for Industrial and


Scientific Development and one o£ the cornerstones of environmental protection in
                                          /
France.  On the interministerial coordinating level, the Minister for the Quality of
                 •

Life has functions of both a general, and specific nature.  Among the former are


those of elaborating legislation and regulations in concert with-other ministries


and of preparing the budget for the financing of environmental programs.  Specific


interministerial coordinating functions include those concerned with water quality


and water management, formerly a responsibility of the Minister for Territorial
                                      ••

Planning (land use).


          The distinction drawn in the February 2, 1971 decree between ministerial


functions particular to the office in its own right and functions associated with


the interministerial mission of the role is much less apparent in actual practice.


The Minister,, in reality, appears incapable of acting independently even when exer-


cising competences uniquely attributed to his office by virtue of the April 2, 1971


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               ORGANIZATION OF THE MINISTRY RESPONSIBLE 1-OR THE ENVIRONMENT
H COMMISSION ON
S ENVIRONMENT
                    MINISTER
Secretariat
 General of
  the High
mission on
. Environment
  Department of

General Affairs
        CABINET
  Department of
Public Relations
       and
    Education
                                                                            — General Inspection
                                                        —Regional Delegates
U                                                                              International
                                                                             ,        Affairs
trice for the Prevention of
Pollution and Nuisances

A | c' j ID [ |s

F | G 1

B 1 H 1

1 ' I 1
/
                                  Orrzca tor the rrotecrion or
                                          Nature
                                                 K
                                                 Mission for tae Rural and
                                                    Urban Environment
                                                  M
                       N

                                                                                   *
                                                                                   T
       A  environmental media
       B  users
       C  water
       D  sea
       E  air
       F  noise
       G  soil and wastes
       H  municipalities - industries
       I  complaints — pollution accidents
       J  hunting
                              K  fishing - hydrofaiology
                              L  national parks, natural reserves, wildlife
                              M  landmarks - natural wonders
                              N  natural regional parks
                              0  Mission for Green AReas
                              P  Mission for Seashores
                              0  Miss:on for Mountainous Areas
                              R  Mission for Quarries
                              S  Mission for Rural Works
                              T  Mission for the Urban Environment
     (Taken from:  Vallet, Odon,  L'Administration de 1'Envl.ronnement,  (Paris:
                  Berger-Le Vrault,  1975),  p.  63.)
                                            -3a-

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 decree.   Therefore, although  entrusted, for example, with the.custody of national



 parks, the Minister was unable  to conduct the transformation of the National Park



 of Port-Cros  into  the National  Park of the Hyeres Islands without the approval of



 the  Interainisterial Action Committee for Nature and the Environment (CIANE).  CIANE



 consultation  was similarly required on a proposed amendment to the classified instal-



 lations nomenclature and on the Imposition of a tax for such classified installa-



 tions, since  the Minister responsible for the environment could not be expected to  :



 appreciate all of  the ramifications of these modifications.



          Moreover, even to exercise those functions which are uniquely his, the



Minister must often operate through other ministries' bureaus or departments which



 are made available to him without becoming attached to his own ministry.   Reforms



 in the area of hunting and fishing, for example, require the participation of Agri-



 culture Ministry departments.

                           • •


          •On  the other hand, however, the Minister's role of initiator and coordi-



nator may at  times grant him a certain preeminence in. the choice of objectives to



be pursued and in  the determination of the means to be used in their achievement./



The control of air pollution from automobile vehicles,  for example,  while remaining



 the concern of other ministries, has nevertheless been brought within the jurisdiction



of the Minister for the Quality of Life because of research undertaken at his initia-



tive within the Office of Pollution Prevention or on account of directives issued



from his office.

                                     ••

       staffing



          The staff of the minister responsible for the .environment is deceptively



modest in size.  1976 budget figures indicate 371 paid regular and contracted employ-


                                                     8
ees in central administrative and research positions.    These figures do  not take



into account, however,  officials at the disposal of the Minister but actually serving



in other government bodies, personnel serving outside of Paris, in the water basin.



                                        -4-

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authorities and national parks, and those commissioned in the various prefectural



departments for the inspection of classified installations.  Figures for 1974 indicate



that the Minister had at his disposal 20 regional delegates who, in turn, benefited



from the assistance of regional workshops for landmarks and landscapes, employing a



staff of 49 persona.  Personnel made available by the Service of Mines'for inspec-



tion duties amounted to 277, bringing the total number of employees (regular and



contracted) engaged in the execution of environmental policy during 1974 to 645


        9
persons.



       other national environmental organizations



          In addition to the Ministry for the Quality of Life, there is a       .....!



multiplicity of ministries, secretariats, commissions, and committees with vary-



ing degrees of responsibility for, or coordinating interest in, environmental protec-




tion.  Often their specific spheres of jurisdiction are overlapping or intertwined,



particularly in regard to water resources management. ^  This crisscrossing of   \



responsibilities, points up the coordinating role of the Ministry for the Quality



of Life, a role that some critics claim overshadows its dacisionmaking responsibili-




.ties.11



          Many of the bodies are interministerial in composition and crossdiscipli-




nary in. their responsibility, for example, the High Commission for the Environment,



the Interministerial Action Committee for Nature and the Environment, and the Inter-



ministerial Group for the Evaluation of the Environment.
                                      ^•"


          The High Commission, for the Environment, created by a decree of July 30,



1970, is composed of ministerial representatives and specialists and presided over by



the Minister for the Quality of Li£e~  It recommends broad policy outlines, assures



proper coordination between, public organizations and private groups, keeps itself



informed of pending legislation, and is available to the various ministries for can-


                                   't 2
sultation on environmental affairs.



                                        -5-

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          The Interministerial Action Committee for Natura and the Environment


(CIANE), created by a decree of February 2, 1971, is charged with setting in motion,


coordinating and controlling the action that is taken to protect nature and the en-


vironment.  It has jurisdiction on matters requiring interministerial coordination,


particularly, .but not exclusively, as they pertain to water pollution and the invest-


ment of special anti-pollution funds made available by the Fund for Intervention and


Action for Nature and the Environment which was also set up by the same decree.  The


Committee is presided over by the Prime Minister and includes most of the cabinet


members.                                • '


          The Interministerial. Group for Environmental Evaluation was set up in June


1972 under the Prime Minister and under the authority of the minister responsible for


the environment.  This interministerial group is responsible for establishing a system


of analysis and information relating to the physical, social and economic factors     !


connected with the environment, and their interdependence.  A precise assessment of


the expenses, costs and advantages, both economic and social, connected with the


environment is', in fact» considered an essential means to a genuine environmental


policy.  In this respect the Interministerial Group can make any practical proposal


to the public authorities.  The Group, consisting of representatives from. 15 govern-


ment departments and experts chosen for their competence, has set up seven working


parties, two of them analytic groups and five perspective study groups, in which a


large number of experts have participated.   The two analytic groups are:  accounting,
                                      •»

statistics, and economic theory; and quality of life, habitat and consumption.  The


five perspective study groups are:  population and land use; natural resources;


energy; new technologies; and agriculture^  These seven groups, whose work is giving


rise to various publications, are themselves divided into working units of limited


scope to which subjects for specific study can be passed.  The flexibility and infor-


mality of the composition of such groups enables a small team to be set up rapidly to


                                       -6-

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examine a particular problem and provide a basic analysis or make recommendations.


          The Ministry for Territorial Planning has, as its name suggests, certain


responsibilities in the area of rural and urban land use.  A number of other minis-


tries have direct interest in specialized aspects of environmental protection; the


more important of these include the Ministry of 'Agriculture, the Ministry of Scien-


tific and Industrial Development, and the Ministry for Equipment and Housing.


          Other national-level bodies include the Permanent Secretariat for the


Study of Water Problems, the National Water Committee, the Interministerial Mission


for Water, and the Interministerial Commission for Coordination in the Prevention of


Atmospheric Pollution.


          The Permanent Secretariat for the Study of Water Problems handles inter-


ministerial coordination in the realm of water management.  It conducts technical.


and juridical studies requisite for the elaboration of legislative and regulatory


texts, promotes research and development, and prepares planning for government inter-


vention in matters concerning water resources.  It is under the general guidance of


this Secretariat that the- water basin authorities operate.^°


          The National Water Committee, composed of representatives from industrial


users, municipalities, and the national government, gives advice on the geographic


perimeters of the water basins, on water development and distribution plans of a


national or regional character, and on problems affecting two or more water basin


authorities.  It assembles documentation required in replying to questions arising
                                      »

from the interpretation of the 1964 Water Law.  Although the National Water Committee


is primarily consultative, its accomplishments are significant.  It has assisted the ••


government in defining water policy and has been, a prime mover in a number of specif-


ic actions:  the elaboration and implementation of regulations governing detergents,


the development of studies for the formulation of new pesticides legislation, and


measures to be taken for the collection and elimination of waste oil.  The Committee


                                        -7-

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has also given expert opinion on water-quality objectives, especially on the content




and application of policy for highly polluting industries.^




          The Interministerial Mission for Water, presided over by the Minister for




the Quality of Life and composed of representatives from ministries with an interest




in water resources, is responsible for advising the minister or secretary responsible




for the environment on equipment programming and the distribution of anti-pollution




funds among the various ministerial departments.  The Mission also plays a signifi-




cant part in legislative and regulatory coordination.  It examines for the Minister




proposed water legislation and regulations drawn up by the various ministries.-^




          The Interministerial Commission for Coordination in the Prevention of




Atmospheric Pollution prepares decisions pertinent to air pollution for the Inter-




ministerial Action Committee for Nature and the Environment and monitors the imple-




mentation of these decisions by the concerned ministries.  It also assists in the




resolution of differences between the Ministry for the Quality of Life and other



                              *                                                  TQ
ministries on proposed laws and regulations for the preventions of air pollution. J-y




          The Interministerial Commission on the Disposal of Wastes, created by a




decree of April 23, 1975, prepares decisions pertinent to this field for the Inter-




ministerial Action Committee for Nature and the Environment and generally advises




the Minister on problems of waste disposal.




       national-local relationships




          France has a centralized governmental structure, with decisions of state




going directly from the seat of government in Paris to the 95 prefectural departments.




In order to dispel public suspicion of environmental policy decisions adopted by a




remote central government, succeeding administrations have manifested the desire to




see French environmental policy implemented, or even developed, in a less centralized




manner.  Such decentralization has taken place on the regional, 'departmental and




communal levels.




                                        -8-

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          Recognition of the need to meet regional problems was first evident in the


appointment of regional prefects, who exert an influence on environmental protection


through the formulation of Regional Programs of Economic Development.  A 1970 direc-


tive to these prefects from the Prime Minister calls for the establishment of


regional environmental action programs.


          To assist the regional prefect in the performance of his environmental


duties, there was created the office of regional environmental delegate.  Although


a representative of the central government and charged with general inspection duties,


this official, is not a regional bureau chief and consequently exercises no adminis-


trative functions.  His lack of authority limits his task to one of influence,


coordination and advice.  He is also expected to report back to the Minister on the


regional and local implementation of his environmental policy.  A circular of March


23, 1973, however, restricted the inspection duties of a delegate to areas outside
                             *

the realm of industrial nuisances.


          The departments remain the political units directly responsible to the


central government, and therefore responsibilities for the implementation of national


environmental policy are imposed upon the departmental prefects, who must oversee


the execution of laws, regulations and national decisions in the department and in


the municipalities.  As representative of the major ministries, the prefect may


exert influence in environmental protection through the initiation and coordination


of these ministries' departmental bureau affairs.  Moreover, in the case of classi—
                                      »

fied establishments, the prefect has been directly entrusted with environmental


police powers.  Finally, the Minister for the Quality of Life may address specific


instructions to a prefect oa the implementation of his policy either on an individual


basis or in the form of a circular".


          A circular dispatched to all department prefects in February 1972 called


for the creation in each department of an office for the protection of nature and

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 the environment to be the permanent departmental center for coordinating measures

 among all services within the department as well as the center  where citizens  who

 consider themselves victimized by environmental nuisances  may register their com-
         « /\
 plaints.>u  A recent investigation by the Interior  Minister indicated that  a large

 number of prefectures had. failed  to establish  such  an office in spite of the 1972

 circular.  A circular was consequently issued  on December  2,  1975  stressing the

 Importance of these offices,  whose chiefs are  to work directly  with  the  prefect on

 matters  pertaining to the environment.   Duties  of the office  chief enumerated by  the

 circular include:   1)  maintaining liaison with  the Minister for the  Quality of Life,

 with  concerned departmental services,  with elected officials, the general public and

 concerned  associations; 2) combating nuisances  and pollution  (classified installations,

 noise, water,  air).2-*-


      .     On the communal level,  the mayor is given a role  in the protection of the

 environment  by virtue of his police powers, which encompass the maintenance of pub-

 lic health (therefore  applicable  to water  and air-quality protection) and the main-

 tenance- of public  tranquiiity  (thereby applicable to noise pollution).  The depart-

mental prefect may, however, intervene and assume mayoral functions whenever a mayor

has failed to  take- the steps necessary to  end a particular instance of pollution.22
                                       -10-

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II.    Environmental Laws


       legislative system


          In France, as in other parliamentary democracies, it is the Parliament


that enacts legislation.  Within the legislative authority granted to Che French


Parliament by the Constitution, a distinction is made, however, between those spheres


in which the legislature (the National Assembly and the Senate) can set regulations


and those spheres in which it has the right to lay down only general or basic prin-


ciples.    When the Parliament enacts these basic principles, the resulting legisla-


tion is known as framework law.  Most environmental enactments are such framework


laws, with the -power to give substance or fill out the legislation being left to


the Council of Ministers, the responsible ministries, and sometimes to the depart-


mental prefects.


       codification and diversification


          France does not have a single unified environmental code for two basic


reasons:  because legislation is still in the process of being drawn up, and because  *


environmental law by its very nature does not lend itself to general principles, its


characteristic feature residing in its constant adaptation to technological progress


and its corresponding reliance on meticulous regulation. *  The basic provisions- for


the control of water and air pollution are presently embodied in three framework laws:


The December 16, 1964 Law on the Administration and Classification.of Waters and the


Prevention of Their Pollution (1964 Water Law); the July 19, 1976 Law on Classified
                                      *

Installations for the Protection of the Environment (Law on Classified Installations);


and the August 2, 1961 Law on the Prevention of Atmospheric Pollution and Odors (1961


Clean Air Law),


       highlights of the major water and air laws


          The 1964 Water Law, designed among other things to control water pollution


and restore the purity of waters, endeavors to satisfy or reconcile the requirements


                                       -11-

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of  the following:

                the supply of drinking water to,the population,
                and public health;

                agriculture, industry, transport and all other
                human activities useful to society;

          ,      the fauna and flora of the receiving water and,
                in particular, the fish, the use of water for
                leisure pursuits and water sports, and the
                protection of natural beauty;

                the conservation and the flow characteristics
            1    of water.

          To do this, the law's provisions extend to discharges, drainage, wastes,

storage, whether directly or indirectly, of materials of any kind, and more general-

ly, to anything liable to cause or increase the deterioration in. the quality of

waters, whether surface water, groundwater, or maritime territorial waters, by

changing their  physical, chemical, biological or bacteriological characteristics.

         . The law prohibits the discharge into the sea of any substance, and in
                                                               *
particular industrial and radioactive wastes,: liable to be harmful to public healthl

The law provides for an inventory of all surface waters to determine their degree of

pollution, and for regulation by decree of the technical specifications and physical,

chemical, biological, and bacteriological criteria that must be satisfied by surface

waters and the  period within which the quality of each receiving water body must be

improved.  Installations in existence before the promulgation of these decrees, must

satisfy the specifications and criteria within the time frame set by the decree.  New

installations for water catchment and new outlets for discharges, constructed after

publication of  the criteria and specifications, are subject to the prior approval by

the prefect of  the technical, plans for the treatment plants and to his authorization

to permit the operation of the installation.  The 1964 Water Law further authorizes

the determination, by the decree of the Council of Ministers, of the conditions

under which discharges,  drainage,  the storage of water or materials, directly or

                                        -12-

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 indirectly capable of altering the quality of surface waters,  groundwater, or ter-


 ritorial waters may be regulated or prohibited;  the conditions under which the sale


 or marketing of products capable of causing discharges that have been prohibited or


 regulated may be controlled.   The law also established the water basin authorities,


 a National Water Committee,  and special water planning areas.


           The 1917 Law on Classified Establishments,  until recently  the oldest and


 probably most extensive anti-pollution legislation  in force, has been abrogated by


 the July 19,  1976 Law on Classified Installations for the Protection of the  Environ-


 ment.   The new law,  which entered into'force on  January 1,  1977,  constitutes an at-


 tempt  at modernization while maintaining a certain  continuity  of structure with the


 earlier legislative text.  Decrees and orders  issued  under the 1917  Law continue to


 remain in force.


           In  common with its predecessor,  the  1976 Law classifies industrial facilities


 on the basis  of  their potential  health hazard  and nuisance  generation,  establishing

                                                                                  *
 provisions for the granting of authorization to  operate  these  facilities and for set-


 ting up  an inspection system.  Among the pollutants and nuisances regulated  are  harm-


 ful emissions, dust,  water-quality altering  discharges, noise, vibrations, and  sub-


 stances  susceptible  of  easy combustion.


           The  1976 Law  extends the scope of  the previous version, making its provi-


 sions  applicable not merely to establishments of an industrial or commercial charac-


 ter but  to all installations, public or private  (including agricultural, residential,
                                      %--

pedagogical and research facilities), whose operation could be considered to consti-


tute a- hazard or annoyance.  The Law also broadens the areas of interest to which


protection is provided, adding the protection of nature and the environment to the


protection of public health, safety and well-being.   It improves and  intensifies the


inquiry procedure required prior to authorization,  calling for an environmental impact


study and the consultation of municipal councils.  It enhances the role of the


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 Minister for the Quality of Life,  who may in certain instances replace the prefect in

 his capacity as authorization issuing agent.   And finally,  it intensifies provisions

 dealing with administrative measures of coercion and penal  sanction.

           Major innovations in the Law include:   1)  the reduction of  the "classes"

 provided for in the nomenclature to the following two:   a)  installations subject  to

 authorization,  comprising the former first and second classes and b)  installations

 subject to declaration,  corresponding to the  former  third class;  2) the  institution

.of  a time limitation for the initiation of proceedings  in an  administrative court  by

 a third party,  neighbor,  or municipality—four years from the issuance of  an authori-

 zation  and two  years from the start of  operations for installations in operation

 longer  than two years.


           The Law,  unlike the 1917  Law,  would  apply  to pollution  from domestic heat-

 ing  but does not take into account  pollution from autqmobile  traffic—two  sources  of

 air  pollution covered in  the 1961 Clean Air Law,


           The 1961  Clean  Air Law is  a framework law  requiring "that all buildings and

 industrial, commercial, handicraft  or agricultural facilities as well as vehicles
                                                                                  A
or other movable objects  are to be  constructed, operated, or used in  such a manner

as to prevent the pollution  of the atmosphere and  the dissemination, of foul odors

which,  among other  things, constitute a public nuisance and a menace  to public health.

The  law provides  that in  its  application cases and conditions may be  established where

the  discharge into  the atmosphere of smoke, soot, dust, poisonous gases, or corrosive,

malodorous or radioactive substances can be prohibited or restricted.

       waste disposal


          Problems dealing with the disposal of wastes from industrial and urban or

domestic sources are treated  in. the Law of July 15, 1975 on the Disposal of Wastes,

as are both the recovery of useful materials and thermal energy.  Aimed at reducing

environmental hazards, the law makes producers or holders of potentially noxious

                                        -14-

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 wastes  responsible for their disposal in a manner not  prejudicial to the environment.




 Police  authorities are empowered to  dispose of any wastes which are found to have




 been  abandoned  or not to  have been treated in accordance with the provisions of the




 law and to  do so  at the expense of the responsible party.   To facilitate the disposal




 of  all  wastes,  the law subjects to regulation the manufacturing,  importing and dis-




 tribution of products which produce  or give rise to wastes.   Local authorities or




 agencies which  ensure the disposal of household wastas may,  in certain  instances,




 dispose of  industrial wastes and are authorized to craate a special fee system to




 finance their disposal.   The law further provides for  the establishment of a National




 Agency  for  Waste  Disposal and Recovery under the leadership  of the Minister for the




 Quality of  Life and the Ministers of Industry and t:-i»  Economy.  An implementing




 decree  stipulates that the purpose of the Agency is ::o initiate and facilitate waste




 disposal and recovery efforts.   Toward this end the Agency:   1) is to be kept informed




 by  the  federal  services of ongoing studies in the fivld  and  2)  may -contribute to, or




 independently undertake,  any study within its area cf  expertise.   To ensure  the per-




 formance of these activities,  the Agency is authorize-1 co  accord  subsidies and loans




 to  public and private organizations  to  the extent ti :•:£ research and endeavors  carried




 out by  these organizations realize the  Agency's objectives.




          Provisions  pertaining  to the  recovery of materials  stipulate  that  in the



 event of  a shortage,  or as a measure to  safeguard  the environment,  the  government may




 determine the minimum proportion of  recovered materiala or elements which must  be used



 in  the production of  a product.



       pesticides




          The regulation of" pesticides  is achieved  t-.rough tests pertaining either




 to  the control of these products'  sale or  the control of their use.  The basic  text




governing the control of pesticidal products for agricultural uses is the Law No. 525




of November 2,  1943 restricting  the  sale or free distribution of certain products




                                        -15-

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 that have not received official approval.   Subsequent  legislation  has  increased the




 list of designated products to  be subjected to  this  formality.   Because  official




 approval of a product does  not  preclude  its excessive  use  or  its use in  areas which




 are particularly  sensitive  to these  products, the Law  of 1943 requires that dosage




 prescriptions and method of use be specified on the  packaging.   Additional precaution-



 ary measures are  set  forth  in succeeding decrees.26




        radiation




           Protection  against the hazards of radiation  is afforded by provisions  of




 the 1961 Clean Air Law,  which,  among other  things, grants  to the government the  right




 to  issue regulations  limiting or proscribing the emission  of radioactive emissions




 into the atmosphere-   There are,  additionally,  decrees in  force for the protection




 of  personnel against  ionizing radiations, the licensing of equipment and installa-




 tions in which, ionizing  radiations are presentt and the supervision of nuclear instal-



 lations.




       noise




          Franca has no  framework law on noise abatement,  and recent attempts to




 formulate- such legislation  have been, abandoned in favor of the older practice of




 regulating  specific sources of noise   (construction equipment,  motor vehicles,  work




 sites),   The  1976 Law on Classified  Installations can also be applied to noise nui-



 sances.




       protection of nature and environmental impact




          A recently enacted law, pertinent to all areas of environmental protection,




 is the July 10,. 1976 Law on the Protection of Nature.  This law,'which essentially




deals with  the protection of natural spaces and  landscapes, the  preservation  of  ani-




mal and vegetable species and the maintenance of biological balances,  and the protec-




tion of natural resources, stipulates that studies  required prior to the  undertaking




of any large project include an  impact statement enabling an assessment of the project's




                                        -16-

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consequences on the environment,  The study is to describe initial conditions of the




site and its environmentf and to evaluate the changes expected as a result of the




project, as well as any planned measures to alleviate the negative consequences.




          The national laws of France are published in the official legal gazette,




Journal Officiel de la Republique Francaise.
                                         -17-

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 III.    Standards


        status of water standards


           Although broad nationwide standards for surface water protaction have not

                  7 Q
 yet been decreed,    notwithstanding the right of  the Council of Ministers  to do so


 under  the 1964 Water Law," the water basin authorities have as their  stated goal to


 hold the pollution of the country's watercourses  at  its  present level  and  to achieve

                                fj Q
 a 25 percent reduction by 1985. y    One of the reasons that the government did  not


 promptly formulate water standards  under the  provisions  of the 1964  Water  Law was


 the intention first to survey the degree of pollution in the country's watercourses


 as provided  under  the same law, a task  that was not  completed until  1973.30  During


 the interim,  protection, was,  and continues to be,  afforded by provisions contained


 in other laws.   It must be remembered that application of  the 1917 Law on  Classified


 Installations was  not prejudiced by enactment of  the 1964  Water Law, nor is  applica-


 tion of  pertinent  provisions  found  in other legislation  such as the  Public Health


 Code,  the Rural  Code,  the Civil Code,, and  the Criminal Code,  and that  the  police   ]


 powers of the department prefect are extensive where public health and safety are


 concerned.     The  first implementing regulation of" the 1964 Water Law  as it  pertains


 to standards  came  with a 1970 decree proscribing  the discharge  into  surface waters,


 groundwaters,  or bordering sea areas of  anionic, cationic  or non-ionic detergents


when the biodegradability of  these  products is  less  than 80  percent.    In addition,


prescriptions, concerning the requirements for  treated effluent being emitted by


purification,  installations have been, issued to  guide prefects in the drafting of


discharge authorization decrees and  to assist public and private organizations with


 the establishment,  operation,, and maintenance of purification plants.  These  techni-


cal characteristics,  initially set  forth in the Circular of July 7, 1970, were re-


vised and reissued  in  the Circular  of June 10,  1976  to department prefects from the


Minister of Health.  The  instruction in this Circular  contains  the following-


                                        -18-

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specifications for effluents:  a degree of acidity  (pH) ranging between, 5.5 and 8.5;

that an effluent discharged into a liquid receiving medium not contain substances

in a concentration liable to cause death to fish after dilution at 50 meters down-

stream from the discharge point; and that the effluent not result in a visible

coloration of the receiving water.  These specifications apply to all effluent re—

.gardless of the degree or type of treatment.  Additional treatment prescriptions

include the following requirements:

          *content of total suspended matter:  30 mg/liter for all two
           hour samples;

          *BOD5:  40 mg/liter for all 2 hour samples and 30 mg/liter, on the
           average, per 24 hours;

          *CODr  120 mg/liter for all two hour samples and 90 mg/liter, on  :
           the average, per 24 hours;

          *organic and ammonial nitrogen concentrations:  50 mg/liter for all
           two hour samples and 40 mg/liter, on the average, per 24 hours;.

          *putrescibility test:  water is not to emit any putrid or ammonial
           odor either before or after a five-day incubation period at 20°C.
                                                  to-
          Alternative prescriptions apply to more specialized treatment systems or

processes.  All technical specifications, however, apply strictly to domestic waste-

waters, which may include the presence of industrial wastewaters when these do not

predominate.  Wastewater is considered to qualify as domestic wastewater when an

average 24 hour sample subjected to a prior two hour decantation meets the following

criteria:

          *COD/BOD5^2.5              *

          *COD3£750 mg/liter

          *organic and ammonial nitrogen content«SlOO mg/liter.

          Effluent requirements set out in the June 10, 1976 Circular correspond to

the fourth of six pollutant levels defined for domestic effluents in the May 13,  1975

Order on the technical conditions to which discharge authorizations are subject.

These levels are based on the intended use of receiving waters,  taking into account

                                        -19-

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the prasent degree of pollution,  their self-purification capabilities, and the




necessity of maintaining a biological balance  in  those waters.




       status of air standards




          France has no overall ambient air standards.32  The French approach has




been to sat standards for specific geographic  areas, specific sources, and specific




industries.  The first major implementing regulation issued under provisions of the '




1961 Clean Air Law was a 1963 decree granting  to  the government the right to establish




technical specifications to which combustion-operated heating units must conform and




to draw up special protection zones within which  limits may be fixed for smoke and.




gaseous emissions.  The provisions of this decree are of two different types:  one




dealing with the totality of France, the other with specially delineated protection




zones and the promulgation of specific measures applicable only to them.




          The first set of provisions requires that the construction, sale, use,




maintenance, and operation of combustion-run, heating units, wherever they may be




located, by whomever they may be owned and whatever the nature of the fuel they con-  ;




sume, must conform to technical specifications jointly decreed by the Minister of




Public Health and the Minister of Industry.




          The technical specifications also state for each concrete case the period




of time before they enter into force.  At the expiration of this period, no heating




equipment may be sold unless it is accompanied by a declaration from the manufacturer




assuring conformance with the appropriate norms and setting forth conditions for the




installation, and repair of the equipment as well as specifying the fuels to be used.




(The sulfur* content of fuels used in. urban areas is currently limited to 0.5 percent




but a further reduction to 0.3 percent is anticipated when European-level negotiations




among- industrialists reach a conclusion.)3-*  The framework law under which this decree




was issued designated agents responsible for carrying out necessary monitoring tasks.




The 1963 decree expanded this authority and gave to these agents Che right of free




                                        -20-

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access to the specified equipment and fuel stores.




          The second .set of provisions embodied in the 1963 decree provided for the




creation of special protection zones (industrial-urban areas where air pollution




levels are high) and for the placement of these zones under special standards.  The




establishment and delineation, of these zones are subject to approval by the Ministers




of Public Health, Interior, Industry and Construction on the request of the appro-




priate prefect after his consultation with the public health council of the affected




department,



          The perimeters of each zone are determined on the basis of population den-




sity and the degree and type of particulate concentration in. the air, the concentra-




tion of sulfuric anhydride and other toxic gases, solar' radiation and local climatic




influences.



          Whereas the 1963 decree detailed the ^government's authority to draw up




special protection zones and subject them to special air-purity standards., real  im-




plementation of that authority came the following year with foAr interministerial




decrees.  They established two protection zones in the Paris area and established




regulations governing heating units and fuels in these zones.  These 1964 decrees




also set limits to the emission of pollutants into the atmosphere and made installa-




tions in these zones subject to these limitations.



          In February 1974, two subsequent decrees created two additional such special




protection zones in the French departments of Nord, at Lille-Roubaix-Tourcoing, and




the Rhone, in the communities of Lyons and Villeurbanne.  These decrees, which entered




into force on October 1, 1974, limited the sulfur content of fuels used in the heating




installations and required the maintenance of boiler room registers showing:  the type




of fuel used; results of inspections; and other information as called for in  the June




1969 ministerial decree on these boiler room registers.




          The creation of additional zones of protection in areas of comparable




                                        -21-

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  pollution  levels,  such as Marseilles,  has  already been proposed  but  still  remains  in

  the planning  stage.^


             What, has been  called France's "pura air code" came into being on May 13,

  1974, with a  decree controlling air-polluting emissions and certain usas of thermal

  energy.  This decree synthesizes all air pollution texts published since 1948, includ-

  ing the important  1963 decree.  It also introduces two new provisions:  first it

  grants to  department prefects the authority to call local pollution alerts when pol-

  lution levels warrant and to require offending installations to reduce emissions or

.  temporarily suspend the  offending operations; secondly, it authorizes joint action

  by designated ministers  (environment, construction, energy, public health,  agricul-

  ture) to determine the conditions for the use of incineration,  combustion,  and ther-

  mal equipment throughout the. country.3S

            A May 20, 1974 decree, pursuant to this May 13 decree,  provides        j

  additional details on inspection procedures for installations dependent .on the use

  of thermal energy.  Applicable to all installations with" an hcurly consumption rate

  of over 3,000 thermal units, the provisions bear on the production,  transportation,

  distribution and use of such energy.   Licensed inspectors  are authorized to submit

  subsequent recommendations to the chief of minerology for the arrondissement (the

  large administrative districts into which departments are  subdivided)  with  regard to

  possible modifications geared to increase economy without  adversely  affecting  the

  efficiency of antipollution equipment.
                                        *
            Also concerned with the efficiency of  combustion installations is the

  interministerial decree of July 31, 1975,  which  establishes limits for dust and soot

  emissions,  sets forth a system for the calculation of chimney heights and prescribes

  the introduction of measurement and control instrumentation within boilers  for greater

  efficiency of operation and consequent reductions in  pollution  and energy wastes.
                                          -22-

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          Permissible emission limits for various pollutants from specific  sources

have been issued in a series of circulars to be used by prefects in granting  author-

izations under the Law on Classified Installations.  These remain in effect and  include:

          July 28, 1966 circular on industrial pollution from heat-generating
          installations with capacities in excess of 3,000 thermal units per  hour:
          t                                • *y
             maximum dust content:  0.5 g/m
             maximum. CO content:  0,05 percent per volume
             Tna-g-ttmtm ambient S02 concentrations:  1 mg/m  with levels in excess
                rendering mandatory the use of low sulfur content fuels.

          June 6, 1972 circular on the incineration of urban wastes:
                                                 •j
             maximum dust content:  0.15 to 1 g/m  according to capacity
             maximm CO content:  0.1 percent per volume
             maximum C02 content:  7 percent: per volume

          August 25, 1971 circular on cement plants:
                           ;                 3
                     dust content:  0.15 g/m
          July 24, 1972 circular on iron-ore complexes;
                           I
                     dust content:  0.15 g/m
                (0,5 g/m3 content is tolerated for annual durations of -
                 less than 200 hours,)      ,     .
                            \              /
          March 8, 1973 circular on steeL plants with basic oxygen furnaces :
                  •           \
             maximum, dust content:  0.12 g/m-3

          March 8, 1973 circular on casting foundries;

             maximum dust content::  0.15 g/m

          January 14, 1974- circular on tar binding units used in road construction:

             fixed units —maximum dust content 0.15 g/ra^ if located less
             than 500 m from a dwelling or less than 100 m from an urban area;
             0.5 s/m  i^ located beyond these distances with a capacity of
             less than 150 thermal units per hour.
             mobile Units — may-fnmm dust content 0.15 g/nr* if unit is within..
             300 m of a dwelling-.
             As of January 1, 1977, 0,15 g/m3 if unit of a capacity equal to
             or greater than 200 t/h is situated at 1000 m from urban area or
             0,8 g/m3 if unit capacity is less than 200 t/h.

          July 31, 1974 circular on nuisances from nitric acid plants:

             maximum nitrogen oxide content:  4.5 kg per ton of nitric acid
                being produced. 3°
                                        -23-

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           The regulation of air pollution emanating from non-stationary sources was



 made subject to control by the 1961 Clean Air Law and initially regulated by an



 order of November 12, 1963 issued by the Minister of Public Works and Transport on



 design construction, maintenance, and operation requirements of automotive engines



 for the prevention of harmful or unpleasant emissions.  This and subsequent orders



 have now been superseded.  France has conformed since March 10, 1972 to the standards



 of the United Nation's Economic Commission for Europe, which the European Community



 has in turn adopted for ratification by its member states.  In accordance with the



 amended version of these standards, which entered into force on January 16, 1975 in



 France, motor vehicles are to be so constructed that emission of air polluting gases



 is limited to the extent allowable by the current state of technology.   Specific



 standards apply to carbon monoxide and hydrocarbon emissions from motor.vehicles



 with positive-ignition engines tested under three different conditions.  Test I



 involves vehicles under 3500 kg in weight capable of achieving 50 kilometers per



 hour on a windless straight stretch of road.  Such vehicles are to conform to the

                         /

 following emissions standards in. simulated heavy traffic operational conditions dur-
 •


 ing type testing?  carbon monoxide emissions per test are not to exceed.values rang-



 ing from 80 to 162 grams for vehicles weighing up to 2150 kg and 176 grams for ve-



 hicles weighing more that 2150 kg; hydrocarbon emissions per test range from 6.8 to



 10.3-grams for-vehicles weighing up to 2150 kg and 10.9 grams for vehicles weighing



 more than 2150 kg.  During Test II, which is to take place at idling speed, emissions
                                       ».                               .


 of carbon monoxide in exhaust gas are not to exceed 4.5 percent per volume.  Test III



 involves the measurement of gaseous emissions from the crankcase; during this test,



 hydrocarbons emitted from the crankcase and not recycled by the engine must represent



• less than 0.15 percent of the fuel quantity consumed by the engine.



        status of standards for other program areas (noise, radiation, pesticides)



           Although general noise standards have also yet to be published,  decrees,




                                         -24-

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orders and  circulars,  such as the one of November 26, 1971 concerning  the maximum


permissible noise  level of interior work environments (80 dB's), aimed at specific


sources of  noise have  been issued.  These concern noises originating from work site


machinery  (limited to  80, 83, 87, or 90 dS's depending on the category of the equip-


ment); noise from  motor vehicles whose silencers require EC approval; aircraft noise,


which is subjected to  international regulation; and, more recently, noise from domes-


tic appliances and equipment, which is restricted by the Decree of October 17, 1975


to non-excessively disturbing levels.


          Measures designed to provide protection from ionizing radiation, in addition


to the licensing and monitoring procedures for nuclear 'installations already noted,


include the authorization of gaseous radioactive effluent discharges, which is ac-


companied by the mandatory monitoring of neighboring areas, and the prescription of


maximum permissible doses and concentrations for occupational exposure.


          Pesticides and compounds for use in agriculture which contain arsenic,

•                                                                         *     i
lead or mercury are banned by a decree of 1948.  Additional control of pesticides is


exercised through  the  prohibition of the sale or distribution of specified products


without express government permission and through the maintenance of a register of


approved products,


       promulgation


          Regulations and standards issued by ministerial or interministerial decree


(Council of Ministers) are published,  as are framework laws enacted by Parliament,

                                      •-

in the Journal Officiel de la Republique Francaise.   Advice to the department prefects


on the implementation of regulations is communicated by  circular letter.   Prefectural


decrees are published in the collection of administrative acts of the department  to


which the decrees apply.   They must also be inserted in  the local newspapers.
                                        -25-

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 IV.     Enforcement Procedures


        court system


           The French judicial system is based on code law,  with the advantages of


 accessibility and uniformity.37  At the apex of the court  system is the Supreme


 Court of Appeal (Cours de Cassation),  immediately beneath  which are the inferior


 appeals courts (cours d'apoel).   Structures  below these appeals tribunals  are two


 parallel hierarchies of courts:   the  civil courts (tribunaux  de grande  instance


 for major cases and the tribunaux dfinstance for minor civil  cases)  and the  criminal


 cou"3  (tribunaux correctionels  for serious  criminal offenses and  the tribunaux de


 P°lice  for less serious-offenses).  In  addition to  these regular courts, Franca has


 a system of administrative courts (tribunaux administratifs)  to  afford  the individual


 redress against arbitrary or  unwarranted exercise of  power by the  government  or its


 officials.   All of  these  courts  can play a role in  the  disposition of environmental
                              *

 cases.   Under the 1917  Law on Classified. Installations,  the following types of  situa-


 tions are illustrative  of that role-


           An operator of  an industrial  firm who  is dissatisfied with a prefectural


 decree  refusing his request to open a new plant or a. third: party who disapproves of


 a pref ectural authorization for  the opening of a plant may bring his complaint before


 an administrative court.  Violation of  the 1976 Law on  Classified Establishments or


 one of  its implementing decrees  in  the  course of the operation of an industrial plant


 can subject  the  operator  of that plant  to sanctions imposed by a criminal court.
                                      •»•

 Third-party  claims for damages attributable to environmental pollution or nuisance


 can be pressed in the civil courts.38


       mechanisms and procedures


          Methods and incentives to  compel compliance with environmental laws and


regulations include licensing procedures, inspections, the powers vested in department


prefects,  the right of pollution victims to sue for damages, and the penalties


                                        -26-

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attached to violatioa  of  these  laws  and regulations.   The  following  procedures  are




illustrative of  these  enforcement methods.




          Under  the provisions  of the  1976 Law on  Classified  Installations  for  the




Protection of  the  Environment,  factories, workshops,  storage  depots, work sites,




quarries, 'and  other public or private  installations -which  may present a  danger  or




annoyance to adjoining areas, to the public health and safety,  to  agriculture or to




the environment  require prefectural  authorization  or  declaration before  they may




begin operation.   The  authorization  or declaration decree  issued by  the  prefect sets




forth conditions of establishment and  operation considered essential for the protec-




tion of the environment,  the methods of analysis,  and remedial  measures  for adoption




in the event of  an accident.  Should the protection of the environment not  be ensured




by the adoption,  of these  conditions, the prefect may,  at the  request of  a third party




and after consultation with the departmental health c ^uiicil require  the  offending




installation to  take corrective action.  Non-compliarr.e with  the injunction within




the specified  time period may bring  about the  prefect's execution  of the prescribed




measures at the  operator's expense,  or may result  in'"ha prefect's temporary suspen-




sion of the offending  operations after consultation ,/ith the  departmental health




.council.  Any  installations which continue to  present a danger  or  annoyance after




adoption of the  prescribed measures  may be shut dowr-  by a  Council  of Stata  decree




after consultation with the higher council of  classiflad installations.   The opera-




tion of classified installations without the required authorization or declaration




may also result  in either a temporary  suspension or ?. shutdown  of  activities.   Dur-




ing such a period  of suspension, the operator  of the  unauthorized  installation  is




liable for the payment of his employees' salaries  an-:', benefits.




          The  inspection  of classified installations  is exercised  under  the authority




of the department  prefect and with the concurrence of the  classified installations




inspectors.  These inspectors are responsible  for  ov-iseeing  the application of the




                                        -27-

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 provisions of the 1976  Law and  are authorized  to  enter  at  any  time facilities  falling



 within the jurisdiction of that Law.




           In addition to being  subject  to  periodic  inspections, stationary installa-




 tions using heating,  combustion,  or incineration  equipment must maintain a record




 book, at the disposal of the  inspectors, listing  the  fuels and equipment employed,




 the anti-pollution measures planned, the conditions under  which the equipment  is




 used, and the results of tests  and abatement measures.




           As has  already been indicated, the prefect  has broad authority to act when




 public safety or  health is imperiled and specific power under  the "Pure Air Code"  '




 (May 13,  1974 decree) to cope with local air-pollution  problems arising • from adverse



 weather conditions,




        penalties




           In addition to the  deterrent  effect of  liability in  civil suits for damage




 or  nuisance arising from industrial or  other operations, polluters are constrained to




 observe environmental laws-and  regulations through the  penalties that their violation




 occasions.   For- example,  should the owner or operator- of a facility refuse entry to




 authorized government inspectors or refuse to furnish them necessary information, he




 nay be sentenced,  under  the penalty provisions- of  the  Water Law and its implementing




 decrees to  10 days  to three months  in prison and  ordered to pay a fine ranging from




 400  to 20,000 francs.   If an  owner or- operator of a facility operates his establish-




 ment in violation of  a  court  order to desist, he may  receive a prison sentence of




 from two  to  sis months  and a  fine ranging from 5,000  to 500,000 francs.  The unauthor-




ized operation of a classified  installation is punishable by a fine ranging from




 2,000 to  20,000 francs, with  repeated offenses being  subject to a prison sentence of tw<




 to  six months and/or  a  fine of  20,000 to 500,000  francs.  Violations of the 1974 "Pure




 Air  Code"  can bring fines of  from  600 to 2,000 francs.  In the event of conviction on




 a violation,  the  polluter may also  be fined up to 100,000 francs if he fails to take




                                        -28-

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the corrective action ordered by the criminal court within the specified time frame.

The court may even order suspension of that activity responsible for the pollution

until the corrective action has been taken.

       responsibility for environmental damage

          •The following cases are illustrative of the approach that French courts

have taken ia respect to municipal and1 industrial responsibility for environmental

damage.

          In a case involving the destruction of plant and animal life in the Doubs

River, stemming from the discharge of household and industrial wastes that had been

collected in a municipal sewerage system, the administrative court in Besancon

ordered that due compensation be made to the plaintiffs, local fishermen who had

suffered an- impairment of their livelihood.  The decision was based simply on. the

causal relationship between the damage and the sewerage system.  It was not important,

the court held, to establish in what propertipn the pollution was attributable to
                              *
household wastes and to industrial wastes.  The municipal authorities were culpable

because they had the right to refuse the entry of the injurious wastes from the- in-

dustrial facility into the public sewers and thus had the opportunity to avoid the
                             39
resulting claims for damages.

          Even authorization, duly granted by the prefect, to operate an industrial

facility, does not relieve the owner of that facility of his liability for pollution

damage to third parties. ^

          Sometimes, however, the responsibility is limited only to compensation and

does not entail a cessation of the activities that give rise to claims for damages.

A Toulouse court dismissed a suit requesting that more effective measures be taken

to prevent the discharge into the atmosphere of noxious flouride products.   The

court ruled that sufficient measures had already been taken to reduce the discharge

and that in the present state of technology it is impossible to do more than had

                                        -29-

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already been done.  Authorities- cannot require that the efficiency of'their steps




be total or absolute.  As a result, payment of damages was authorized,  but the




court refused to take action that would compromise the continued operation of the



facility.41
                                      -30-

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V.     Interrelationships Between Government and Industry


       influence of industry and other interests


          Not only is France a highly industrialized country with world standing in


the production of steel, the fabrication of automobiles and aircraft, in mechanical


and electrical engineering expertise, and in the manufacture of chemicals and tex-


tiles; it is also Western Europe's largest food producer and a leader in certain-


extraction enterprises (coal and iron),   Quite naturally, the influence of these


diverse economic activities extends to the government and its policymakers.  In fact,


associations or lobby groups representing various segments of industry and agricul-


ture have been officially institutionalized, facilitating liaison between government


and industry. ^  Advisory committees made up of the champions of particular private


interests are attached to almost all sections of the government administration.  In


addition, the Constitution of the Fifth Republic provides for an Economic and Social
         »                              »

Council, the members of which are appointed by the public.and private sectors.   The


Council deliberates on all bills dealing with economic and social matters.  Although


it would be difficult to prove that the Council's debates have made an impact on


government policy, it is fair to say that French industry has not unequivocally


subscribed to the government's anti-pollution campaigns. ^


       "polluter-pays" principle


          France has not yet formally endorsed the principle that the polluter must


pay, apparently not because of any fundamental opposition on the part of the govern—

                                      »

ment but rather because of the technical difficulties in applying the principle


uniformly.  *  The French system of subsidies and incentives to industries investing


in anti-pollution equipment, exemplified by the system of fees levied by the water


basin authorities on water users and by the-series of contracts concluded by the


government with certain industries, is indicative of partial and indirect implementa-


tion of the "polluter-pays" principle.  The water basin authorities have formulated


                                        -31-

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 a complex  schedule  of  fees  (redevances) based on  the quantity of water withdrawn


 and  the quality of  water returned.  These redevances and the granting of subsidies


 for  the construction of purification facilities mean in effect that "water users


 who  cause  pollution pay and those who install purification works are given assis-


 tance."  , This -system cannot be applied to air-polluting industries, for their


 ubiquitous emissions cannot be channeled into collective purification facilities


 serving a  variety and multiplicity of users.46  Nonetheless, the agreements that the


 government has reached with certain branches of industry, with the industry pledg-


 ing  to limit certain types of discharges and the government subsidizing the purchase


 of anti-pollution- equipment, actually represent the corollary of the "polluter-pays"


 principle.  This system of government-industry agreements has been elaborated for


 the  limitation of both water and air pollutants.


         jFive such industrial branch contracts have been established since 1972


with those industrial branches which are regarded as heavy polluters,  yet which,


for financial reasons, have been unable to install the necessary abatement equipment


within reasonable time limits.  Industrial branches involved are the paper pulp


factories,  beet root sugar factories,  distilleries, wool combing,  yeast and starch


factories.   Contracts generally include a three to five year time schedule for the


reduction of polluting discharges,  accompanied by government assistance in the form


of reductions in the payment of fees to water basin authorities,  as well as by sub-


sidies amounting to ten percent of  the total investments necessitated by the conver-
                                      *•

sions.  (Additional subsidies from the water basin agencies generally amount to


another fifty percent.)  Moreover,  as  a condition of the contract,  any new facili-


ties are required to conform to the standards in effect at the time of their entry


into operation.  '


          A more recent phase of industry-government cooperation is taking shape in


the form of firm programs or contracts involving very large diversified business


                                        -32-

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concerns.  The first such commitment was signed in July 1975 between the Minister


for the Quality of Life and P e chiney-Ugine-Kuhlman (P.U.K.), a French conglomerate,


consisting of steel, electrometallurgical, aluminum, chemical, copper, nuclear and


special products branches, viewed by many environmentalists as Prance's leading


polluter. , The pollution at issue in this instance is principally air pollution in


contrast to the water pollution objectives of the earlier branch contracts.  The


initial phase of the contract commits P.U.K. to spend 200 million francs over a


seven year period instituting pollution abatement programs in its older steel and


metallurgical plants.^8


       industrial monitoring


          Within the special protection zones authorized by the 1963 decree and


subsequently set up in various urban-industrial centers, government-installed moni-


toring devices to sample and measure air pollution are in operation.  They are


placed in facilities using thermal equipment with a capacity greater than 100 ther-


mal units per ,hour.^"9  To ascertain air pollution levels throughout the country and

     /      /
to p/inpoint/major polluters, the Interministerial Action Committee for Nature and


the Environment has approved a plan for the creation, of about 50 measuring stations


and 10 pollution-alert zones.
                                        -33-

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 Reference Notes

 Numbers  in brackets  following  entries  are  the  identification numbers  assigned
 to documents which have  been abstracted for  the Foreign  Exchange Documents
 Program  of the EPA Office  of International Activities.   Copies  of  documents
 are filed under  these numbers  at the EPA Headquarters Library in Washington,  D.C.

 1.  U.S. Dept. of State, "Current Environmental Issues in France,"  Dept.  of  State
       Airgram A825,  (Amembassy Paris:  September 20, 1972). .

 2.  "Composition of  the  Government,"   La Monde (Paris),  June 11, 1974, p  2.  [ID  #02023A

 3.  "June 6, 1974 Decree No. 74-578 on the Duties of the Minister for  the Quality  -
       of Life,"  Journal  Officiel de la Republique Franeaise (Paris), June 7,  1974,
       p  6119.  LID //02024A]              '            3

 4.  ["Changes of Officials in  the French Government"], Le Monde (Paris),  August.  29-30,
       1976, p 5.

 5.  Jean Lamarque, Drditde la Protection  de la Nature et de 1'Environnament  (Paris:
       L.G.D.J, 1973), pp 8-10.  [ID J/02061A]

 6.  ibid., p 7.

 7.  Odon Vallet, L*Administration de 1'Snvironnement. (Paris:  Berger-LcVrault,  1975)
       p 53.

 8.  Depenses des Services Civil. 'Budget Vote"  de 1976—Oualita" de ^a Vie.  1.
       Snvironnement, (Paris:   Imprimerie Nationale, 1976), pp 23-27.

 9.  Jean Lamarque, Droit de la Protection  de la Nature et de 1'Snvironnesient—•
       Supplement. (ParisiL.G.D.J., 1975), p  13.[ID #020613]

10.  Lamarque, op. cit.,  (1973), p 11-

11.  "300 Millions for the Environment in 1974,"  Le Monde (Paris),  October 18, 1973,
       p 14,

12.  Aline Grenier-Sargos, Tous les Problemes Juridiques des Pollutions at Nuisances
       Industriellas, (Paris:  J. Delmas,  1973), pp A2-A3.  [ID #02060A]

13.  Claude-Albert Colliard, The Law and Practice Relating to Pollution Control in
       France, (London:  Graham & Trotman Limited,  1976),  p 16.

14.  The Conservation Trust, The Campaign Against Waste—Ministry for the Quality of
       Life, Paris, (London:  Furnival Press, 1976), p 3.   [ID #04406A]

15.  Lamarque, op. cit.,  (1973), p 16,

16.  ibid.,  p 224.

17.  L"Orientation et la Misa an Oeuvre de la Politique de 1'Eau  en  France, vol. 13
       ("Environment" Series),   (Paris:  La Documentation Francaise,  1973), pp 27-28.
       [ID 002062A]                                           •*
                                         -34-

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18.  Lamarque, op. cit., (1973), pp 223-224.               '                   , -  .

19.  Grenier-Sargos, op, cit., p H8.

20.  Vallet, op_, cit. , pp 72-83.

21.  "Organization of Departmental Environment Offices," Pollution Atmosphe'riq'ue,
       no. 69.  (Paris), January -March 1976, p 87.   [ID #03601A] >
           t
22,  Vallet, op. cit,, pp 84-85.

23.  Alex N. Dragnich and Jorgen Rasmussen, Major European Governments,  (Homewood,  111,:
       Dorsey Press, 1974), p 215.

24,  Colliard, op_. cit,, p 12.   -

25.  P. Gousset, "The July 19, 1975 Law on Classified  Installations for  the Protection
       of the Environment:  An Example of Integrated Improvements," Nuisances  at
       Environnement, no. 53 (Paris), September 1976,  pp 56-59.  .

26,  Colliard, op, cit., pp 175-177.

27.  "Mr. Dijoud:  I Will Not Tolerate Industrialists  Using the  Energy Crisis  as a
       Pretext," Le Monde (Paris), March 29, 1974, p 13.  [ID 001912G]   j

28,  'Trance," AMF Environmental'Report World Wide Review—1972  Background, Regulations,
       Public Attitudes and Financing, p 3.

29.  U.S. Dept. of State, op .'cit.   "     *

30.  R. Bremond and R. Vuichard, Parametres de la Qualite des'Eaux, (Paris:  Ministere
       de la Protection de la Nature at de 1'Environnement, 1973), pp 3-4.  [ID J*02063A]

31.  Lamarque, op, cit., (1973), p 563.

32.  U.S. Dept,'of State, op. cit.

33.  Genevieve Schweitzer, "Much Remains To Be Accomplished in the Fight Against
       Pollution," Le Figaro (Paris), December 10, 1976, p 10.

34.  ibid.. p 10.                      ^

35.  "Prefects Will Be Able To Call Air Pollution Alerts," Le Monde (Paris), April  26,
       1974, p 39.  Also:  "May 13, 1974-Decree No. 74-415 on the Control of Air
       Pollution Emissions and on Certain Uses of Thermal Energy," Journal Officiel
       de la Republiqua Francaise (Paris), May 15, 1974, pp 5178-5180.   [ID #02059A]

36r  R._ Joffre, "Dedusting Standards for Industrial Gaseous Emissions,"  Nuisances at
       Snvironnement, no. 44 (Paris), October 1975, pp 21-27. ' [ID #03187A]

37,  Gwendolen Carter and John H, Herz, Major Foreign  Powers, (New York:  Ear court. Brace
       Jovanovich, .1972), p 321.__

38.  Grenier-Sargos, op. cit., pp G1-G15.
                                         -35-

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39.  ibid, p G4.

40.  ibid., p H3,

41.  ibid., p H4.

42.  Carter and Herz, op.  cit.,. p  309.

43.  AMT Environmental Report....  p 4.

44.  J, P. Detrie, ''Industrial Pollution,  Its Prevention,  Its  Cost,"  Pollution
       Atmosphe-rique. (Paris), April - June  197 2 r p  195.

45,  The Development of Water  Basin Agency Action During Plait  VI  ("Environment"
       Series), (Paris:  La Documentation  Francaise,  1972), p  33.   [ID  //02078A]
46.
J, P, Detrie, op. cit., p 195.
47.  ''Industry Branches Must Continue To Examine Pollution Abatement Programs  With
       Us," Nuisances at Snvironnement. no. 43  (Paris), August - September 1975,
       pp 26—33.

48.  "Firm Contract Signed Against Pollution," La Figaro  (Paris), July  25,  1975   p 4.
       [ID 003076A]

49.  Lamarque, op, cit., (1973), p 885.

50.  "The Government Adopts Several Measures to Control and Limit Pollution,"
    .   Le Monde (Paris), July 28, 1973, p 20.
                                         -36-

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                                     APPENDIX

    ENVIRONMENTAL LAWS AND REGULATIONS INCLUDED IN, OR RELEVANT TO, THIS REPORT

Numbers following the entries are the identification numbers assigned to documents
which have been abstracted for the Foreign Exchange Documents Program of the EPA
Office of International Activities.  Copies of documents are filed under these
numbers at the EPA Headquarters Library in Washington, B.C.

                                      GENERAL

June 6, 1975 Decree No. 74-579 on the Powers of the Minister for the
   Quality of Life	02024A

December 11, 1975 Decree for the Implementation of Law No. 75-602 on
   the Creation of the Shoreline Conservancy  . ..	03589A

July 10, 1976 Law No. 76-629 on. the Protection of Nature	03930A

July 19, 1976 Law on Classified Installations for the Protection of
   the Environment (Supersedes the Dec. 19, 1917 Law on Dangerous,
   Unhealthy or Annoying Establishments [02890A])	  .  04158A

                                        AIR

August 2, 1961 Law No. 61-843 on. the Prevention of Atmospheric
   Pollution and Odors  ..... 	  00379A

September 17, 1963 Decree No. 63-963- on the Implementation of
   Law No. 61-842	 	  00379B

August 11, 1964 Order for the Creation of Special Protective Zones
   in the Seine Department	00379E

August 11, 1964 Order on. the Control of Emissions From Combustion
   Facilities in the Special Protective Zones Established in Paris  ....  00379F

February 23, 1973 Decree No. 73-191 on Interministerial Coordination
   in the Realm, of the Campaign Against Air Pollution	00379L

February 26, 1974 Order for the Creation of a Special Protected Zone
   in the Nord and Rhone Departments	00379P

May 13, 1974 Decree No. 74-415 on the Control of Air-Polluting
   Emissions and Certain Uses of Thermal Energy 	  02059A

February 5, 1975 Order on. the Mln-fmiTn Efficiency Level of Fuel-          ^-"
   Burning Thermal Installations  	 ....... 	  02059C

July 31, 1975 Decree on the Equipment and Operation of Thermal
   Installations for a Reduction of Air Pollution and Energy Economy  . .  .  02059B

June 6, 1972 Circular on Incineration Plants for Urban Waste  	  01068A
                                       -37-

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 August 7,  1973 Circular on Sugar Mills, Sugar Beet Plants, and
    Sugar Beet Distilleries and Refineries  .  . .  , ,	Q0379Q

 January 14, 1974 Circular on Tar Binding Units for Road Building
    Materials	,	02152A

 July 4, 1972 Circular on Surface Processing  , ,	01070A

 July 24, 2,972 Circular on Iron-Ore Complexes	01745A

 July 31, 1974 Circular on Nuisances Originating From Nitric Acid Plants . .  02890B

                                       ' NOISE

 October 25, 1962 Order Concerning the Measurement of Noise Produced
    by Motor Vehicles  .,,,,,,.,..,,. 	 ....  00896A

 April 18, 1969 Decree No.  69-380 Concerning Sound Insulation of
    Machinery Used at Outdoor Work Sites	,          00894A

 April 11, 1972 Order on the Restriction of the Level of Noise
    Emitted by Compressed Air Units	Q0894B

 April 11, 1972 Order on the Restriction of the Level of Noise
    Produced by Internal Combustion Engines in Certain Machines
    Used on Construction Sites ,,»,,,,,,,,....,.,,,..„   Q0894C

 September 14,  1972 Decree on the Limitation of Sound Levels
    Emitted by Construction Machinery and .the Approval of Equipment  ....   00894D

 November 30,  1972 Circular on the Protection of Workers Against
/   the Harmful Effects of Noise	01063A

 October 17, 1975 Decree No.  75-960 on the  Limitation of Noise Levels  .  .  .   03547A

 May 5,  1975 Order Amending the Provisions  of April 11,  1972 Decree
    Restricting the Level of Airborne Noises Emitted by Certain Machines  .  .   03552A

 November 4, 1975 Decree on the Limitation  of Airborne Sounds
    Emitted by Pick-Hammers and Pavement Breakers	00894E

                                      RADIATION

 December 11,  1963 Decree No.  63-1228 on the Licensing of Nuclear
    Installations  .  ,  <  .  . ,..,,...	^   00667B

 June 20,  1966  Decree- No.  66-450 on General Principles of Protection
    From Radiation ,«,.,,,,,.„.. 	  ........   00667A

 March 15,  1967 Decree No.  67-228 on Public Administration Rules
    Concerning  the Protection of Workers From, the Dangers of
    Ionizing Radiation	00667C
                                         -38-

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August 24, 1967 Order on the Establishment of the Commission for
   Ionizing Radiation Protection  .,..,,.,.  	  .....   00669A

April 18, 1968 Order on Control Methods To Be Carried Out When
   Using Sources Liable to Give Rise to Irradiation  or Radioactive
   Contamination Risks  .,.,,.,., 	  ....   00667E

April 19, 1968 Order on Conditions for the Use of In-iividual Dosimeters  .  .   00667F

April 20, 'l963 Order on the Frequency of Inspection  of Sealed Sources
   and Electrical Equipment Generating Ionizing Radiation .........   00667D

April 23, 1969 Order on the Approval of Facilities and Installations
   Using Ionizing Radiation for Medical Purposes	00667H

June 22, 1970 Order Listing the Occupations Requiring Special Medical
   Supervision  .,.,,«	-	00676A

March 13, 1973 Decree on the Higher Council on Nuclear Safety and  the
   Central Department for the Safety of Nuclear Installations .	00667K

March 27, 1973 Decree No. 73-405 Amending the December 11, 1963 Decree
   No. 63-1228 on Nuclear Installations 	   00667L

November 6, 1974 Decree No, 74-945 on Discharges of  Gusaous
   Radioactive Effluents From Nuclear Installations  	 .  ,  .   00667M

April'28, 1975 Decree No. 75-306 on the Protection of Workers
From the Dangers of Ionizing Radiation in Basic Nuclear Installations .  .  .   00667N

August 4, 1975 Decree No. 75-713 Establishing an Inteiniinistarial
   Committee of Nuclear Safety  	  .....   03546A

August 10, 1976 Order on the Required Preliminary Stuiy for Licenses
   for Liquid Radioactive Discharge 	 	   00667T

August 10, 1976 Order on the Required Preliminary Study for Licenses
   for Gaseous Nuclear Waste Discharges ... 	   00667P

                                    SOLID WASTE

April 23, 1975 Decree No. 75-290 Instituting a Deputy .cor the
   Management of Raw Materials	   02928A

April 23, 1975 Decree No. 75-310 on Interministerial «,oox-dination
   in the Area of Waste Disposal  .	02953A

July 15, 1975 Law No. 75-633 Regarding the Disposal  ot Wastes and
   the Reclamation of Materials ..,,..... 	   02929A

May 25, 1976 Decree No. 76-472 on the Creation of the National
   Committee for the Disposal and Reclamation of Wastes 	   02929D


                                        -39-

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 May 25, 1976 Decree Nor 76-473 on the National Agency for the Disposal
    and Reclamation of Wastes  ,,...<.,,	t	    02929E

 February 7, 1977 Decree No. 77-151 on the Implementation of Provisions
    Pertaining to Municipalities in Article 12 of Law No. 75-633 	  02929F

                           TOXIC SUBSTANCES AND PESTICIDES

 November. 2, 1943 Law No, 525 on the Control of Pesticidal Products
    Used in Agriculture  .....».,...,.,.	00662A

 November 19,  1948 Decree No. 48-1905 on the Importation, Storage
    and Trade  in Poisons	006.62B

 July 30,  1963 Law No.  63-762 Amending Law No.  525	00662C
 September 25,  1965  Order on the Conditions  for the  Use in Agriculture
    of Toxic  Substances   	  ,.,,,..  	   00662D
 July  19,  1967  Order  on the  Control  of  Toxic Substances
                                                                              00662E
December  22,  1972  Law No.  72-1139  Extending  the Application  of
    Law No.  525	,   QQ662H

February  25,  1975  Order Concerning the Application of Pesticide
    Products for  Agricultural Use   ....... 	   00662K

                                      ' WATER

December  16,  1964  Law No.  64-1245  on the Administration and
    Classification  of  Waters and the Prevention of Pollution  	   00441A

December  26,  1964  Law No.  64-1331  Curbing the Pollution of Sea
    Waters Through  Hydrocarbons  	".  .  .  .   00438A

December 15,  1967  Decree No. 67-1094 on Penalties for the Violation
    of  the Water  Pollution Law	00441B

January 10, 1969 Decree No. 69-50  on the Methodology for Establishing
    Limits to  the Degree of Surface Water Pollution	  .  .  ,   00441E

September 2,  1969  Order on the Methods»for Establishing an Inventory
    of  the Levels of Pollution in Rivers and Canals	00441F

September 25, 1970 Decree No. 70-872 on the Discharge and Marketing
    of Detergants   	  	   00441H

December 11,  1970 Order on Procedures for Measuring the Biodegradafaility
   of Anionic Detergents Contained  in Washing or Cleaning Products  ....   0044LJ

February 23,  1973 Decree No. 73-218 on the Application of Articles 2
   and 6 (1)  of Law No.  64-1245	00441N


                                        -40-

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February 23, 1973 Decree No, 73-219 on the Application of Articles
   40 and 57 of Law No, 64-1245 . , , ,  ,	00441M

December 31, 1974 Decree No. 74^1181 Concerning Discharges of Liquid
   Radioactive Effluents From Nuclear Installations 	  00443B

March 12, 1975 Decree No. 75-177 on the Application of Article 6 (3)
   of Law No, 64-1245 .,..,, 	 	  00441S
          i
May 18, 1975 Order on the Conditions for Exemption of Discharges and
   Deposits From Authorizations as Provided by Decree No. 73-213  	  00441V

May 18, 1975 Order on the Conditions Governing the Issuance of
   Discharge Authorizations ,,,,«...,, 	  00441Z

October 28, 1975 Decree No. 75-996 on the Implementation of the
   1964- Water Law ,.,..,,.,..".,	00443C

October 28, 1975 Decree No. 75-997 on the Implementation of Paragraph
   1 of Article 14 of the 1964 Water Law,  as Amended	'. . .  .  00443D

October 28, 1975 Decree No. 75-998 Amending Decrees No. 66-699 and
   66-700 of September 14, 1966 on Basin Committees and Finance
   Basin Agencies . , .	,	00443E

January 20, 1976. Amendment of the September 2, 1969 Order on the
   Methods for Establishing an Inventory of the Levels of Pollution
   in Rivers and Lakes  ..........	.'	00441AA
                   *
April 13, 1976 Instruction on the Detection and Reporting of Marine
   Pollution by Hydrocarbons	,	  04227A

June 10, 1976 Circular on the Purification of Urban Centers and the
   Sanitary Protection of Receiving Media	......  00441Z

February 7, 1977 Decree No. 77-150 Modifying Decree No. 65-749 on
   the Establishment of the National Water Committee	  04366A
                                        -41-

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