Article R211-94 of the Environmental Code, transposing into French law Article 5 of and Annex II to the Urban Residuelles Directive (91/271/EEC UWWT), defines sensitive areas as bodies of water which are particularly sensitive to pollution, in particular those which are found to be eutrophic or could become eutrophic in the short term if measures are not taken, and in which discharges of phosphorus, nitrogen or both must be reduced.
Note: The term ‘body of water’ had already been introduced by Directive 91/271/EEC UWWT before the Water Framework Directive (2000/60/EC) had been re-used. These are two different concepts.
In fact, when reporting under the Urban Residuel Water Directive (91/271/EEC UWWT) and the Water Framework Directive, the catchment areas of sensitive areas are also reported as a sensitive area.
The Prefect of the Basin Coordinator, with the assistance of the prefects of the département, shall draw up, on the basis of the results obtained by the water status monitoring programme and any other available data, a plan for the delimitation of sensitive areas in consultation with representatives of municipalities and their associations, water users, public or private persons involved in sewage treatment, water distribution and approved environmental associations involved in water protection and consumer associations.
The Prefect of the Basin Coordinator forwards the draft demarcation of sensitive areas to the prefects concerned, who consult the county councils and regional councils and, in Corsica, the local authority and the chambers of agriculture.
The Prefect of the Basin Coordinator shall decide on the delimitation of sensitive areas after consulting the Basin Committee.
Opinions shall be deemed to be favourable if they do not take place within two months of the date of transmission of the request for an opinion.
The identification of sensitive water bodies is reviewed at least every four years by the Prefect of Basin Coordinator (Article R. 211-95).
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