Council Directive 2013/64/EU of 17 December 2013 amending Council Directives 91/271/EEC and 1999/74/EC, and Directives 2000/60/EC, 2006/7/EC, 2006/25/EC and 2011/24/EU of the European Parliament and of the Council, following the amendment of the status of Mayotte with regard to the European Union
Date: 2013-12-17

num: Article 1
title: Amendments to Directive 91/271/EEC
paragraphs: Directive 91/271/EEC is amended as follows:
(1)
In Article 3, the following paragraph is inserted:
‘(1a) By way of derogation from the first and second subparagraphs of paragraph 1, in respect of Mayotte as an outermost region within the meaning of Article 349 of the Treaty on the Functioning of the European Union (hereinafter “Mayotte”), France shall ensure that all agglomerations are provided with collecting systems for urban waste water:
—
by 31 December 2020 at the latest for agglomerations of more than 10 000 p.e., which will cover at least 70 % of the load generated in Mayotte;
—
by 31 December 2027 at the latest for agglomerations of more than 2 000 p.e.’.
(2)
In Article 4, the following paragraph is inserted:
‘(1a) By way of derogation from paragraph 1, in respect of Mayotte, France shall ensure that urban waste water entering collecting systems is, before discharge, subject to secondary treatment or an equivalent treatment:
—
by 31 December 2020 at the latest for agglomerations of more than 15 000 p.e., which, along with the agglomerations referred to in Article 5 (2a), will cover at least 70 % of the load generated in Mayotte;
—
by 31 December 2027 at the latest for agglomerations of more than 2 000 p.e.’.
(3)
In Article 5 the following paragraph is added:
‘(2a) By way of derogation from paragraph 2, in respect of Mayotte, France shall ensure that urban waste water entering collecting systems shall before discharge into sensitive areas be subject to more stringent treatment than that described in Article 4 by 31 December 2020 at the latest for agglomerations of more than 10 000 p.e., which, along with the agglomerations referred to in Article 4(1a), will cover at least 70 % of the load generated in Mayotte.’.
(4)
In Article 7, the following paragraph is added:
‘By way of derogation from the first paragraph, in respect of Mayotte, the time limit defined therein shall be 31 December 2027.’.
(5)
Article 17 is amended as follows:
(a)
In paragraph 1, the following subparagraph is added:
‘By way of derogation from the first subparagraph, in respect of Mayotte, France shall establish a programme for the implementation of this Directive by 30 June 2014.’.
(b)
In paragraph 2, the following subparagraph is added:
‘By way of derogation from the first subparagraph, in respect of Mayotte, France shall provide the Commission with information on the programme by 31 December 2014.’.
num: Article 2
title: Amendment to Directive 1999/74/EC
paragraphs: In Article 5 of Directive 1999/74/EC, the following paragraph is added:
‘3. By way of derogation from paragraph 2, in Mayotte as an outermost region within the meaning of Article 349 of the Treaty on the Functioning of the European Union (hereinafter “Mayotte”), laying hens may continue to be reared in cages as referred to in this Chapter until 31 December 2017.
From 1 January 2014, no cages as referred to in this Chapter may be built or brought into service for the first time in Mayotte.
Eggs derived from establishments rearing laying hens in cages as referred to in this Chapter shall only be placed on the local market of Mayotte. Those eggs and their packs shall be clearly identified with a special mark, so as to allow the necessary controls. A clear description of this special mark shall be communicated to the Commission by 1 January 2014.’.
num: Article 3
title: Amendments to Directive 2000/60/EC
paragraphs: Directive 2000/60/EC is hereby amended as follows:
(1)
Article 4 is amended as follows:
(a)
in paragraph 1, the following subparagraph is added:
‘As regards Mayotte as an outermost region within the meaning of Article 349 of the Treaty on the Functioning of the European Union (hereinafter “Mayotte”), the time limit referred to in points (a)(ii), (a)(iii), (b)(ii) and (c) shall be 22 December 2021.’.
(b)
in paragraph 4, the introductory sentence is replaced by the following:
‘The time limits laid down in paragraph 1 may be extended for the purposes of phased achievement of the objectives for bodies of water, provided that no further deterioration occurs in the status of the affected body of water when all the following conditions are met:’.
(2)
Article 11 is amended as follows:
(a)
in paragraph 7, the following subparagraph is added:
‘As regards Mayotte, the time limits referred to in the first subparagraph shall be 22 December 2015 and 22 December 2018, respectively.’.
(b)
in paragraph 8, the following subparagraph is added:
‘As regards Mayotte, the time limit referred to in the first subparagraph shall be 22 December 2021.’.
(3)
Article 13 is amended as follows:
(a)
in paragraph 6, the following subparagraph is added:
‘As regards Mayotte, the time limit referred to in the first subparagraph shall be 22 December 2015.’.
(b)
in paragraph 7, the following subparagraph is added:
‘As regards Mayotte, the time limit referred to in the first subparagraph shall be 22 December 2021.’.
num: Article 4
title: Amendments to Directive 2006/7/EC
paragraphs: Directive 2006/7/EC is hereby amended as follows:
(1)
Article 5 is amended as follows:
(a)
in paragraph 2, the following subparagraph is added:
‘As regards Mayotte as an outermost region within the meaning of Article 349 of the Treaty on the Functioning of the European Union (hereinafter “Mayotte”), the time limit referred to in the first subparagraph shall be 31 December 2019.’.
(b)
in paragraph 3, the following subparagraph is added:
‘As regards Mayotte, the time limit referred to in the first subparagraph shall be 31 December 2031.’.
(2)
In Article 6(1), the following subparagraph is added:
‘As regards Mayotte, the time limit referred to in the first subparagraph shall be 30 June 2015.’.
(3)
In Article 13(2), the following subparagraph is added:
‘As regards Mayotte, the time limit referred to in the first subparagraph shall be 30 June 2014.’.
num: Article 5
title: Amendment to Directive 2006/25/EC
paragraphs: In Directive 2006/25/EC, the following Article is added:
num: ‘Article 14a
paragraphs: 1. Without prejudice to the general principles of protection and prevention in the area of health and safety of workers, France may, until 31 December 2017, derogate from the application of the provisions necessary to comply with this Directive in Mayotte as an outermost region within the meaning of Article 349 of the Treaty on the Functioning of the European Union (hereinafter “Mayotte”), provided that such application requires specific technical facilities that are not available in Mayotte.
The first subparagraph does not apply to the obligations set out in Article 5(1) of this Directive, or to the provisions of this Directive which reflect the general principles laid down in Directive 89/391/EEC.
2. All derogations from this Directive resulting from the application of measures existing on 1 January 2014 or from the adoption of new measures shall be preceded by a consultation with the social partners in accordance with national law and practice. Such derogations shall be applied under conditions which, taking into account the particular circumstances prevailing in Mayotte, guarantee that the resulting risks for workers are reduced to a minimum and that the workers concerned benefit from reinforced health surveillance.
3. The national derogating measures shall be reviewed every year, after consultation with the social partners, and shall be withdrawn as soon as the circumstances justifying them no longer subsist.’.
num: Article 6
title: Amendment to Directive 2011/24/EU
paragraphs: In Article 21 of Directive 2011/24/EU, the following paragraph is added:
‘3. By way of derogation from the first sentence of paragraph 1, France shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive in respect of Mayotte as an outermost region within the meaning of Article 349 TFEU by 30 June 2016.’.
num: Article 7
title: Transposition
paragraphs: 1. France shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive as follows:
(a)
in respect of Articles 1(1), 1(2) and 1(3), by 31 December 2018;
(b)
in respect of Article 1(5), by the dates referred to in points (a) and (b) therein respectively;
(c)
in respect of Article 2, by 1 January 2014;
(d)
in respect of Article 3(1), by 31 December 2018;
(e)
in respect of Articles 3(2) and 3(3), by the dates referred to therein;
(f)
in respect of point (a) of Article 4(1), by 31 December 2018;
(g)
in respect of point (b) of Article 4(1), by 30 June 2021;
(h)
in respect of Articles 4(2) and 4(3), by the dates referred to therein;
(i)
in respect of Article 5, by 1 January 2014, unless France does not make use of the possibility foreseen in that Article;
(j)
in respect of Article 6, by 30 June 2016.
France shall communicate forthwith the text of those provisions to the Commission.
When France adopts those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. France shall determine how such reference is to be made.
2. France shall communicate to the Commission the text of the main provisions of national law which it adopts in the field covered by this Directive.
num: Article 8
title: Entry into force
paragraphs: This Directive shall enter into force on 1 January 2014.