Question 38450 — water and sanitation

Summary

Ms. Frédérique Tuffnell questions the Minister of Ecological Transition on the evolution of the approval procedure for non-collective installations (ANC). Indeed, with the aim of strengthening the approval procedure for non-collective sanitation installations (ANC) in compliance with the principles of protection of public health and the environment and community rules for the marketing of construction products, the ministries of ecological transition and health notified the European Commission in March 2020 of a draft order amending the order of September 7, 2009 setting the technical requirements applicable to non-collective sanitation installations receiving a gross load of organic pollution less than or equal to 1.2 kg/d of BOD5 and the order of April 27, 2012 relating to the terms of execution of the installation control mission non-collective sanitation as well as an implementing decree. This project was the subject of a detailed opinion from the European Commission which considers that the approval procedure could contradict European law due to the fact that this procedure imposes national requirements complementary to CE marking. An argument in defense of the French approval procedure was sent to the European Commission by the ministries. The position of the European Commission in relation to these arguments remains unknown to date. In the event that the European Commission maintains its opposition to the project, it asks what solution is envisaged to modify the decree of September 7, 2009 setting the technical requirements applicable to ANC installations while ensuring compliance with community law and to what extent the members of the plan national action plan on non-collective sanitation (PANANC) could be associated with the development of an alternative proposal.

Machine translation from French. The official text remains authoritative.

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