OTHER MODES OF INFORMATION
LexInter | May 3, 2003 | 0 Comments

OTHER MODES OF INFORMATION

Article L125-1
 

(inserted by Ordinance n ° 2001-321 of April 11, 2001 art. 9 I, II Official Journal of April 14, 2001)
I. – Everyone has the right to be informed about the harmful effects on human health and the environment of the collection, transport, treatment, storage and deposit of waste as well as on the measures taken to prevent or compensate for these effects.
II. – This right consists in particular of:
1 ° Communication by the operator of a waste disposal facility of the documents drawn up within the framework of the provisions of Chapter I of Title I of Book V, enabling the effects of his activity to be measured. on public health and the environment and outlining the measures taken to eliminate or reduce the harmful effects of waste;
2 ° The creation, on any waste disposal or storage site, at the initiative of either the prefect or the municipal council of the municipality where the establishment is located or of a neighboring municipality, of a local commission for information and monitoring composed, in equal parts, of representatives of the public administrations concerned, the operator, the local authorities and the environmental protection associations concerned; the prefect, who chairs the committee, has the control operations carried out at the latter’s request as it deems necessary for its work, within the framework of Title I or Title IV (Chapter I) of Book V; the documents drawn up by the operator of a disposal of waste to measure the effects of its activity on public health and the environment are sent to the committee; the establishment and operating costs of the local information and monitoring commission are borne by the group provided for in article L. 541-43, when it exists; in the absence of such a grouping, these costs are covered equally by the State, the local authorities and the operator; information and monitoring are handled by the group provided for in article L. 541-43, when it exists; in the absence of such a grouping, these costs are covered equally by the State, the local authorities and the operator; information and monitoring are handled by the group provided for in article L. 541-43, when it exists; in the absence of such a grouping, these costs are covered equally by the State, the local authorities and the operator;
3 ° The establishment, by the municipalities or public inter-municipal cooperation establishments or mixed unions referred to in Article L. 2224-13 of the general code of local authorities and by the prefects, of documents enabling the measures taken to be assessed to eliminate the waste for which they are responsible; these documents are freely available for consultation.
III. – A decree in the Council of State defines the conditions for exercising this right. In particular, it determines the methods by which this information is brought to the attention of the public.
IV. – The provisions contained in this article apply without prejudice to the provisions of Law No. 78-753 of July 17, 1978 on various measures to improve relations between the administration and the public and various administrative provisions, social and fiscal.

Article L125-2
 

(inserted by Ordinance n ° 2001-321 of April 11, 2001 art. 9 I, II Official Journal of April 14, 2001)
Citizens have a right to information on the major risks to which they are subject in certain areas of the territory and on the safeguard measures which concern them. This right applies to technological risks and foreseeable natural risks.
A Council of State decree defines the conditions for exercising this right. It determines in particular the modalities according to which the safeguard measures are brought to the attention of the public as well as the categories of premises in which the information is displayed.
The operator is required to participate in general information to the public on the measures taken in the vicinity of structures or installations covered by a special response plan.

Article L125-3
 

(inserted by Ordinance n ° 2001-321 of April 11, 2001 art. 9 I, II Official Journal of April 14, 2001)
Toute personne a le droit d’être informée sur les effets que la dissémination volontaire d’organismes génétiquement modifiés au sens du titre III du livre V peut avoir pour la santé publique ou l’environnement, dans le respect de la confidentialité des informations protégées par la loi.
Un décret en Conseil d’Etat définit les modalités selon lesquelles l’autorité administrative assure l’information du public sur les effets que la dissémination volontaire peut avoir pour la santé publique ou l’environnement. Ce décret détermine également les obligations qui peuvent être imposées à ce titre au détenteur de l’autorisation, notamment en ce qui concerne la prise en charge de tout ou partie des frais correspondants.

Article L125-4
 

(inserted by Ordinance n ° 2001-321 of April 11, 2001 art. 9 I, II Official Journal of April 14, 2001)

Everyone has the right to information on air quality and its effects on health and the environment. The State is the guarantor of the exercise of this right, of the reliability of information and of its dissemination. This right is exercised in accordance with the procedures defined in section 2 of chapter I of title II of book II.

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