Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending certain Directives in the fields of environment, agriculture, social policy and public health by reason of the change of status of Mayotte with regard to the Union
Date: 2013-06-13
Institutions: European Commission
Subjects: France, Mayotte, intensive livestock farming, laying poultry, occupational safety, peripheral region, public health, waste management, water management

EUROPEAN 
COMMISSION 

Brussels, 13.6.2013  
COM(2013) 418 final 

2013/0192 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending certain Directives in the fields of environment, agriculture, social policy and 
public health by reason of the change of status of Mayotte with regard to the Union 

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EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

1. 
By Decision 2012/419/EUi, the European Council amended the status of Mayotte with regard 
to the Union with effect from 1 January 2014. Therefore, from that date Mayotte will cease to 
be  an  overseas  territory  to  become  an  outermost  region  within  the  meaning  of  Articles  349 
and 355(1) TFEU. Union law will apply to Mayotte from 1 January 2014.  

The present proposal follows the examination of requests made by the French authorities to 
have the Union acquis amended through derogations and/or transitional periods applicable to 
Mayotte in different areas, such as environment, agriculture, social policy and public health. 

The  examination  has  revealed  that  France  needs  additional  time  to  comply  with  the  Union 
acquis  with  regard  to  Mayotte  in  the  fields  of  environment,  agriculture,  social  policy  and 
public  health.  It  is  therefore  appropriate  to  provide  for  corresponding  measures,  limited  to 
reflecting the particular situation of Mayotte, without affecting Union law otherwise.  

In the interest of simplicity and speediness, it has been considered expedient not to resort to 
individual proposals for each of the acts concerned but, where legally possible, to bundle the 
amendments  to  several  acts  in  a  single  proposal.  The  amendments  proposed  in  the  present 
document  relate  all  to  Directives  and  fall  under  the  ordinary  legislative  procedure  (Articles 
289(1) and 294 TFEU).  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The Commission has not used an impact assessment. However, when examining the various 
issues and in particular the requests made by France, it had contacts with representatives of 
national  and  regional  authorities  in  order  to  better  evaluate  the  grounds  of  the  specific 
measures. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

In  accordance  with  Article  153(2)  TFUE,  the  European  Parliament  and  the  Council  are 
to  adopt,  by  means  of  directives,  minimum  requirements  for  gradual 
empowered 
implementation of working conditions having regard to the conditions and technical rules in 
each  of  the  Member  States.  Under  this  legal  basis,  it  is  proposed  to  amend  Directive 
2006/25/EC  of  the  European  Parliament  and  of  the  Council  of  5  April  2006  with  a  view  to 
granting a derogation to France, until 31 December 2017, from certain provisions in the field 
of  artificial  optical  radiation.  The  proposed  derogation  only  applies  insofar  as the  structures 
necessary to comply with these provisions are not available in Mayotte, and without prejudice 
to  the  general  principles  of  protection  and  prevention  in  the  area  of  health  and  safety  of 
workers. It is also proposed that France must ensure proper consultation of the social partners 
and limit risks for workers to a minimum. 

Pursuant to Article 192(1) TFUE, the European Parliament and the Council shall decide what 
action  is  to  be  taken  by  the  Union  in  order  to  achieve  the  objectives  on  the  environment 
referred to in Article 191. The current situation prevailing in Mayotte calls for considerable 
improvement in order to comply with environmental objectives set forth by Union law. It is 

i  

OL L 204, 31.7.2012, p.131. 

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therefore proposed to amend, on the basis of Article 192(1) TFEU, three Directives in the area 
of environment:  

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Council Directive 91/271/EEC of 21 May 1991 in order to grant France the sufficient 
periods  of  time  for  meeting  the  requirements  of  the  Directives  concerning  urban 
waste water treatment;  

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 
2000  in  order  to  grant  France  the  sufficient  periods  of  time  for  the  adoption  and 
proper implementation of river basin management plans; 

Directive 2006/7/EC of the European Parliament and of the Council of 15 February 
2006  in  order  to  define  specific  time  limits  to  allow  France  to  reach  the  Union 
standards as regards bathing water quality. 

In  accordance  with  Article  43(2)  TFUE,  the  European  Parliament  and  the  Council  are 
empowered  to  adopt,  inter  alia,  provisions  necessary  for  the  pursuit  of  the  objectives  of  the 
common agricultural policy. On the basis of this provision, it is proposed to amend Council 
Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of 
laying hens. Since laying hens are reared in Mayotte in unenriched cages and since it would 
be difficult to change this position in the short term, France should be granted sufficient time 
to adapt. Even though almost 100% of the egg production is sold in Mayotte, measures should 
be taken in order to prevent any distortion of competition. 

Finally, pursuant to Article 114 TFEU, the European Parliament and the Council shall adopt 
the  measures  for  the  approximation  of  the  provisions  laid  down  by  law,  regulation  or 
administrative  action  in  Member  States  which  have  as  their  object  the  establishment  and 
functioning of the internal market. On the other hand, in accordance with Article 168 TFEU 
the  European  Parliament  and  the  Council  may  also  adopt  incentive  measures  designed  to 
protect and improve human health. Under these legal bases, it is proposed to amend Directive 
2011/24/EU  of  the  European  Parliament  and  of  the  Council  of  9  March  2011  on  the 
application  of  patients’  rights  in  cross-border  healthcare,  given  the  current  situation  in 
Mayotte and the number of adaptations required to be carried out to transpose the Directive in 
order to ensure continuity of care and information to patients. 

4. 

BUDGETARY IMPLICATION  

The proposal has no impact on the budget of the European Union.  

5. 

OPTIONAL ELEMENTS  

It has been considered that no explanatory documents need to be requested for the following 
reasons: 

(1) This proposal for a Directive essentially contains:  

(a)  Amendments  to  introduce  derogations  and/or  transitional  periods  related  to  the 
application in Mayotte of the Directives concerned, and  

(b) A very limited number of obligations for France in this respect.  

(2)  The  derogations  and/or  transitional  periods  granted  are  based  on  requests  submitted  by 
France, in which it has motivated the need of such derogations and/or transitional periods and 
has indicated an implementation plan.  

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Therefore,  the  Commission  does  not  need  explanatory  documents  to  carry  out  its  task  of 
overseeing  the  transposition  of  Directives.  The  individual  transposition  measures  to  be 
notified by France can be expected to be self-explanatory. 

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2013/0192 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending certain Directives in the fields of environment, agriculture, social policy and 
public health by reason of the change of status of Mayotte with regard to the Union 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 43(2), Article 114, Article 153(2), Article168 and Article 192(1) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 
Having regard to the opinion of the European Economic and Social Committee1, 
Having regard to the opinion of the Committee of the Regions2,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

By  Decision  2012/419/EU3,  the  European  Council  decided  to  amend  the  status  of 
Mayotte  with  regard  to  the  European  Union  with  effect  from  1  January  2014. 
Therefore, from that date Mayotte will cease to be an overseas territory and become an 
outermost region within the meaning of Articles 349 and 355(1) of the Treaty. Union 
law  will  apply  to  Mayotte  as  from  that  date.  It  is  appropriate  to  provide  for  certain 
specific measures justified by the particular situation of Mayotte in a number of areas. 

It  is  appropriate  to  take  account  of  the  particular  situation  in  Mayotte  as  regards  the 
state of the environment, which calls for considerable improvement in order to comply 
with  environmental  objectives  set  forth  by  Union  law,  for  which  additional  time  is 
needed.  Specific  measures  in  order  to  gradually  improve  the  environment  should  be 
adopted within specific time limits.  

In order to comply with the requirements of Council Directive 91/271/EEC of 21 May 
1991 concerning urban waste water treatment4, measures need to be taken in Mayotte 
to  ensure  that  agglomerations  are  provided  with  collecting  systems  for  urban  waste 
water.  Such  measures  call  for  infrastructure  works  that  should  follow  appropriate 
administrative  and  planning  procedures  and  furthermore  require  the  establishment  of 
systems  for  measuring  and  monitoring  urban  waste  water  discharges.  Therefore,  a 
sufficient period of time needs to be granted to France for meeting those requirements. 

(4) 

In the field of agriculture, as  regards Council Directive 1999/74/EC of 19 July 1999 
laying down minimum standards for the protection of laying hens5 it is noted that, in 

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OJ C , , p. . 
OJ C , , p. . 
OJ L 204, 31.7.2012, p. 131. 
OJ L 135, 30.5.1991, p. 1. 
OJ L 203, 3.8.1999, p. 53. 

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Mayotte,  laying  hens  are  reared  in  unenriched  cages.  In  view  of  the  considerable 
investment and preparatory work required for replacing unenriched cages by enriched 
cages  or  alternative  systems,  it  is  necessary,  in  respect  of  laying  hens  in  lay  on  1 
January 2014, to postpone the prohibition of using unenriched cages for a period of up 
to 12 months from that date. Replacement of the cages during the laying cycle of the 
hens  should  thereby  be  avoided.  In  order  to  prevent  distortions  of  competition,  eggs 
derived  from establishments using unenriched  cages  should  be  marketed  only  on  the 
local market of Mayotte. In order to facilitate the necessary controls, eggs produced in 
unenriched cages should bear a special mark. 

In respect of Directive 2000/60/EC of the European Parliament and of the Council of 
23 October 2000 establishing a framework for Community action in the field of water 
policy6, the proper implementation of the Directive as regards river basin management 
plans  requires  that  France  adopt  and  implement  management  plans  containing 
technical and administrative measures to achieve good water status for, and to prevent 
the deterioration of all bodies of surface waters. A sufficient period of time needs to be 
granted for the adoption and implementation of such measures. 

In respect of Directive 2006/7/EC of the European Parliament and of the Council of 15 
February  2006  concerning  the  management  of  bathing  water  quality  and  repealing 
Directive  76/160/EEC7,  the  current  state  of  surface  waters  in  Mayotte  calls  for 
considerable improvement in order to comply with the requirements of that Directive. 
The quality of bathing waters depends directly upon urban waste water treatment, and 
the provisions of Directive 2006/7/EC may only be complied with progressively once 
agglomerations  that  affect  the  quality  of  urban  waste  waters  comply  with  the 
requirements  of  Directive  91/271/EEC.  Therefore,  specific  time  limits  need  to  be 
adopted in order allow France to reach the Union standards as regards bathing water 
quality in Mayotte. 

In the area of social policy, account should be taken of the difficulties to comply with 
Directive 2006/25/EC of the European Parliament and of the Council of 5 April 2006 
on the minimum health and safety requirements regarding the exposure of workers to 
risks  arising  from  physical  agents  (artificial  optical  radiation)8  in  Mayotte  as  from  1 
January  2014.  There  are  no  technical  facilities  available  in  Mayotte  for  the 
implementation  of  measures  necessary  to  comply  with  that  Directive  in  the  field  of 
artificial optical radiation. Therefore, it is possible to grant a derogation to France from 
certain  provisions  of  that  Directive  until  31  December  2017,  provided  that  those 
structures are not available in Mayotte and without prejudice to the general principles 
of protection and prevention in the area of health and safety of workers. 

In order to guarantee a high level of protection of the health and safety of workers at 
work,  the  consultation  with  the  social  partners  should  be  ensured,  the  risks  resulting 
from  the  derogation  should  be  reduced  to  a  minimum  and  the  workers  concerned 
should  benefit  from  to  reinforced  health  surveillance.  It  is  important  to  reduce  the 
duration  of  the  derogation  as  much  as  possible.  Therefore,  the  national  derogating 
measures should be reviewed every year and withdrawn as soon as the circumstances 
justifying them no longer subsist. 

(5) 

(6) 

(7) 

(8) 

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OJ L 327, 22.12.2000, p. 1. 
OJ L 64, 4.3.2006, p. 37. 
OJ L 114, 27.4.2006, p. 38. 

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(9) 

In respect of Directive 2011/24/EU of the European Parliament and of the Council of 9 
March  2011  on  the  application  of  patients’  rights  in  cross-border  healthcare9,  its 
transposition  requires  a  number  of  adaptations  to  ensure  continuity  of  care  and 
information to patients. It is therefore appropriate to grant France an additional period 
of  30  months  from  1  January  2014  to  bring  into  force  the  provisions  necessary  to 
comply with that directive in respect of Mayotte.  

(10)  Directives  91/271/EEC,  1999/74/EC,  2000/60/EC,  2006/7/EC,  2006/25/EC  and 

2011/24/EU should therefore be amended accordingly, 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 
Amendments to Directive 91/271/EC 

Directive 91/271/EC is amended as follows: 

(1) 

In Article 3, the following paragraph 1a is inserted:  

'(1a)  By  way  of  derogation  from  the  first  and  second  sentences  of  paragraph  1,  in 
respect  of  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 all agglomerations.' 

(2) 

In Article 4, the following paragraph 1a is inserted: 

'(1a)  By  way  of  derogation  from  paragraph  1,  in  respect  of  Mayotte  France  shall 
ensure that urban waste water entering collecting systems are, 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  those  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 all agglomerations. ' 

(3) 

Article 5 is amended as follows: 

(a) 

The following paragraph 2a is inserted: 

'(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  those  agglomerations  referred  to  in 
Article 4(1a), will cover at least 70% of the load generated in Mayotte; 

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OJ L 88, 4.4.2011, p. 45. 

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- by 31 December 2027 at the latest for all agglomerations.' 

(4) 

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.' 

Article 2 
Amendment to Directive 1999/74/EC 

In Article 5 of Directive 1999/74/EC, the following paragraph 3 is added:  

‘3. By way of derogation from paragraph 2, in Mayotte, laying hens in lay on 1 
January 2014 and reared at that date in cages as referred to in this Chapter may 
continue to be reared in such cages until 31 December 2014. 

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, allowing for the 
necessary  controls.  A  clear  description  of  this  special  mark  shall  be 
communicated to the Commission by 1 January 2014.’ 

Article 3 
Amendments to Directive 2000/60/EC 

Directive 2000/60/EC is amended as follows: 

(1) 

Article 4 is amended as follows: 

(a) 

in paragraph 1, the following subparagraph is added: 

'As regards 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  established  under  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: ' 

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(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.' 

Article 4 
Amendments to Directive 2006/7/EC 

Directive 2006/7/EC is amended as follows: 

(1) 

Article 5 is amended as follows: 

(a) 

in paragraph 2, the following subparagraph is added: 

'As regards 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.' 

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Article 5 
Amendment to Directive 2006/25/EC 

In Directive 2006/25/EC, the following Article 14a is inserted: 

1. 

2. 

3. 

‘Article 14a 

Without prejudice to with 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 provided that such application requires specific technical facilities and that 
such facilities are not available in Mayotte. 

The  first  subparagraph  does  not  apply  to  the  obligations  in  Article  5(1)  of  this 
Directive  as  well  as  to  those  provisions  of  this  Directive  which  reflect  the  general 
principles set out in Directive 89/391/EEC. 

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  laws  and 
practice. Such derogations shall be applied under conditions which guarantee, taking 
into  account  the  particular  circumstances  prevailing  in  Mayotte,  that  the  resulting 
risks for workers are reduced to a minimum and that the workers concerned benefit 
from reinforced health surveillance. 

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.’ 

Article 6 
Amendment to Directive 2011/24/EU 

In Article 21 of Directive 2011/24/EU, the following paragraph 3 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 by 30 June 2016.' 

Article 7 
Transposition 

1. 

France  shall  adopt  and  publish  the  laws,  regulations  and  administrative  provisions 
necessary to comply with this Directive as follows: 

(a) 

(b) 

in respect of Article 1(1), (2) and (3), by 31 December 2018; 

in respect of Article 1(4), by the dates referred to in points (a) and (b) thereof 
respectively; 

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(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

in respect of Article 2, by 1 January 2014;  

in respect of Article 3(1), by 31 December 2018; 

in respect of Article 3(2) and (3), by the dates referred to therein; 

in respect of Article 4(1)(a), by 31 December 2018; 

in respect of Article 4(1)(b), by 30 June 2021; 

in respect of Article 4(2) and (3), by the dates referred to therein; 

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 the date referred to therein. 

France shall forthwith communicate to the Commission the text of those provisions. 

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. 

Article 8 
Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 9 
Addressee 

This Directive is addressed to the French Republic. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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