The classification of a watercourse or a portion of a watercourse in List 2 entails obligations adapted to existing structures on that watercourse in order to restore ecological continuity within 5 years of classification, which may be extended by an additional 5 years under certain conditions (Article L.214-17 of the Environmental Code: https://www.legifrance.gouv.fr/codes/id/LEGIARTI000033034927/2016-08-10/
The implementation of Action 1 (a homogeneous priority in the basins for the restoration of continuity) and Action 2 (improve coordination and relations between services and State operators with a view to a better reconciliation of the issues) of this plan are the responsibility of the decentralised services of the State and its public establishments in the territory by involving the competent authorities GEMAPI or basin.
THE ADOUR-GARONNE BASIN PRIORITISATION PROGRAMME:
The preparation of the list of works on which will be prioritised by 2027 actions to restore ecological continuity was carried out on the Adour-Garonne basin between May 2019 and June 2020.
The prioritisation exercise resulted in the establishment of a list of sequenced works over two periods: 2020-2023 (Phase P1) and 2024-2027 (Phase P2).
Only the works identified in P1 and P2 constitute the Adour-Garonne Basin prioritisation program until 2027 due date of SDAGE 2022-2027 and are included in the SDAGE Measurement Program (MPP).
This list was validated by the Planning Commission of the Adour-Garonne Basin Committee on 24 June 2020. The Water and Biodiversity Directorate of the Ministry of Ecological Transition approved this proposal and agreed to its dissemination on 7 August 2020.
Beyond the list of books in the prioritisation program (P1 and P2), the cartographic document identifies for information purposes:
the works on which compliance is already under way (phase 0 — projects are finalised, funding is planned and work is ongoing), those on which compliance will take place after 2027 (phase 3) and the works of authorised concessions which, due to their particular legal status, are not included in the prioritisation programme, but will be managed as part of the end of the concession and the renewal of the right to use water.
The prioritisation list is a work programme to phase in over time the alignment of structures located on the rivers listed in List 2 with:
a gradual mobilisation of technical, administrative and financial resources by the departments of the State and its public institutions. Information of the owners or managers of the works in List 2 on the timetable to be applied for the compliance of their works
The prioritisation list does not alter regulatory obligations:
This is a contractual agreement drawn up with reference to the action plan for a calm policy to restore the ecological continuity of rivers and to the technical note of 30 April 2019 justifying an exceptional postponement of the compliance of certain works concerned by list 2; This derogation is of value only if all relevant actors respect the spirit of the derogation; the timetable for the different stages of compliance (diagnosis, studies, works) is agreed between the owner of the work and the Instructor Service (DDT or DREAL).
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