Article R211-94 of the Environmental Code, transposing into French law Article 5 and Annex II to the Urban Waste Waters Directive (91/271/EEC UWWT) defines sensitive areas as bodies of water particularly sensitive to pollution, in particular those which are shown to be eutrophic or could become eutrophic in the short term if measures are not taken, and in which the discharges of phosphorus, nitrogen or those two substances must, if they cause that imbalance, be reduced.
Note: The term body of water had already been introduced in Directive 91/271/EEC UWWT before the Water Framework Directive (2000/60/EC) reused it. These are two different concepts.
In fact, when reporting under the Urban Residual Waters Directive (91/271/EEC UWWT) and the Water Framework Directive, watersheds in sensitive areas are also reported as sensitive areas.
The Basin Coordinating Prefect, with the assistance of the department prefects, draws on the results obtained by the water condition monitoring programme and any other available data, a project for the delimitation of sensitive areas in consultation with representatives of the municipalities and their groups, water users, public or private persons involved in wastewater treatment, water distribution and approved environmental protection associations involved in water matters and consumer associations.
The Basin Coordinating Prefect transmits the draft delimitation of sensitive areas to the prefects concerned, who consult the general and regional councils and, in Corsica, the territorial authority, as well as the chambers of agriculture.
The Basin Coordinating Prefect shall decide on the delimitation of sensitive areas following the opinion of the Basin Committee.
Notices shall be deemed to be favourable if they do not take place within two months of the transmission of the request for an opinion.
The identification of sensitive water bodies shall be reviewed at least every four years by the Basin Coordinating Prefect (Article R. 211-95).
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