Well, I did not know it had become an obligation since ... the 12 July ...
But who will make his balance sheets? For a company like SNCF ca can ask years of work (according to the precision one wishes) ...
Carbon balances and climate-energy plans of local authorities: the decree is published
After the negative opinion issued by the Advisory Committee for the Evaluation of Standards last April (see opposite), the decree specifying the content of the greenhouse gas (GHG) and the territorial climate-energy plans (PCET) is published in the Official Journal of 12 July 2011. For this purpose, the text creates, within the regulatory part of the Environmental Code, a new section 4 in Chapter IX of Book II of Title II. It defines in two subsections the modalities of application of the provisions relating to the GHG emission balances on the one hand, and the climate-energy plans, on the other hand.
The purpose of emissions assessments is to mobilize public and private GHG emission reduction pools by enabling them to identify the options for increasing the energy efficiency of production processes and the use of energy efficiency. renewable energies. The Grenelle 2 law (article 75) made the preparation of these balance sheets mandatory, at the latest on the 31 december 2012, for companies with more than 500 employees (more than 250 employees overseas), public establishments more than 250 people, territorial communities of more than 50.000 inhabitants and the state.
The decree specifies the content. The emissions report provides "an assessment of the volume of greenhouse gas emissions produced by the activities carried out by the legal person on the national territory during a year" (R. 229-47). It defines two perimeters that the balance sheet will have to inform: direct emissions and indirect emissions emitted by the use of electricity, heat or steam necessary for the activities of the legal person. Local authorities and their groups that have adopted a PCET are exempted from the synthesis, attached to the balance sheet, actions envisaged to reduce GHG emissions, says the decree. The text also specifies the methods of making available and publicizing the balance sheets. The balance sheet is sent electronically to the Regional Prefect by the 31 December of the following year at the latest, and then updated at the latest before the end of each triennial period that follows. As soon as it is sent to the prefect, the balance sheet is made available to the public on the website of the legal person for at least one month. In the absence of an internet site, the regional prefect proceeds on the website of the prefecture.
The decree provides that the Ministry of Ecology, with the support of ADEME, publishes the methodological information necessary for the establishment of the balance sheet. The text also establishes a national coordination structure for balance sheets that will define the scope of emissions and the main methodological choices necessary for drawing up the balance sheets. Lastly, the decree provides for the president of the regional council and the regional prefect to organize, with the support of the national coordination center, the monitoring of the regional balance sheets.
The Minister of Ecology will, at the latest on the 30 September 2011, at the disposal of local authorities and their groupings, the free method of establishment of the balance sheet provided by the law Grenelle 2.
Development procedure
Article L. 229-26 of the Environmental Code also makes it compulsory for the 31 december 2012 to adopt a PCET for the regions and the local authority of Corsica, if they have not integrated it into the scheme. regional climate, air and energy (SRCAE), departments, metropolises, urban communities, communities of agglomeration as well as municipalities and communities of more than 50.000 inhabitants. Approximately 450 local authorities would thus be affected by this obligation. The decree defines the content (R. 229-51) in terms of objectives and actions of the PCETs. It specifies the scope of the plans, which will be developed on the basis of carbon balances, and articulation with the SRCAEs, with which they must be compatible, as well as with the Regional Ecological Consistency Schemes (SRCE).
The operational objectives of the community "are quantified, where appropriate, in equivalent tonnes of carbon dioxide saved, in tonnes of oil equivalent of energy savings or, for each renewable energy sector, in installed capacity and outlook annual production ", specifies the text. The program of actions to be carried out, in accordance with the objectives resulting from European legislation, includes "a section devoted to the policy of raising awareness and mobilizing all those interested in carrying out the plan". The plan also sets up the conditions for evaluating its implementation and monitoring.
The territorial collectivity or the group defines the methods of elaboration and consultation of the CFEP project. When the community initiates the development of the plan, it informs in writing the regional prefect as well as the representative of HLM organizations. Within two months of this notification, the regional prefect transmits to the community all the information and data relating to the SRCAE available to him. Within the same period, the HLM representative can ask the community executive to be consulted on the draft plan.
The decree also provides for consultation procedures, notably by the State, on the draft plan (R. 229-53 and R. 229-54) and the modalities for updating it at least every five years (R. 229-55). The draft plan is submitted for an opinion to the regional prefect and, if the request was made, to the representative of the HLM organizations. It is also submitted for opinion to the president of the regional council, except in the case where the region is at the initiative of the plan. It is then submitted for adoption to the deliberative body of the community or group. Once adopted, the plan is made available to the public on the website and, if there is no website, at the community headquarters. When the region has decided to integrate its climate plan into the SRCAE, the regional scheme identifies in a separate chapter the provisions that fall under the PCET, adds the decree.
Transitional measures
The text also provides for transitional regulatory measures for emissions assessments that were completed in the twelve months preceding the coming into force of this Order in Council and for communities that developed a PCET during the three years preceding the coming into force of the Act. of the decree the 12 July 2011. If applicable, the community or group may apply the provisions of this decree only from the updating of the plan that must occur no later than five years from the date of its adoption. Within three months of the publication of this decree, the community or group then transmits to the prefect of the region the adopted climate plan and the deliberation adopting the plan.
Another implementing decree should subsequently specify the possibility, provided by the Grenelle 2 law (Article L.2224-34 of the General Code of Local Authorities), to voluntarily adopt PCET procedures for municipalities or EPCIs under 50.000 inhabitants as well as mixed unions and countries (provided by Article 22 of the 4 February 1995 Law of Guidance for Spatial Planning and Development).
Philie Marcangelo-Leos / Victories-Editions
Source: http://www.localtis.info/cs/ContentServ ... 0262148272