(1)

By Decision 2012/419/EU (3), 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 country or territory within the meaning of Article 198 of the Treaty on the Functioning of the European Union (TFEU) and become an outermost region within the meaning of Articles 349 and 355(1) TFEU. Following this change in the legal status of Mayotte, Union law will apply to Mayotte as from that date 1 January 2014 . It is appropriate to provide for certain specific measures justified by the particular structural, social, environmental and economic situation of Mayotte and its new status as an outermost region, in a number of areas. [Am. 1]

(2)

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.

(3)

In order to comply with the requirements of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (4), 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 hens (5) it is noted that, in Mayotte, laying hens are reared in unenriched cages. In view of the economic and social constraints obtaining in Mayotte and 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 four years 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. [Am. 2]

(5)

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 policy (6), the proper implementation of that 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.

(6)

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/EEC (7), 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 to allow France to reach the Union standards as regards bathing water quality in Mayotte as a new outermost region and due to its special social, environmental and economic situation . [Am. 3]

(7)

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 due to its prevailing special social and economic situation for the implementation of measures necessary to comply with that Directive in the field of artificial optical radiation. Therefore, it is possible appropriate 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. [Am. 4]

(8)

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.

(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 healthcare (9), 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,

(1)

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

‘1a.   By way of derogation from the first and second subparagraph of paragraph 1, in respect of Mayotte France shall ensure that all agglomerations are provided with collecting systems for urban waste water:

(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 shall, before discharge, be subject to secondary treatment or an equivalent treatment:

(3)

Article 5 is amended as follows:

(4)

Article 17 is amended as follows:

(1)

Article 4 is amended as follows:

(2)

Article 11 is amended as follows:

(3)

Article 13 is amended as follows:

(1)

Article 5 is amended as follows:

(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.’

(a)

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

(b)

in respect of Article 1(4), by the dates referred to in points (a) and (b) thereof 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 Article 3(2) and (3), by the dates referred to therein;

(f)

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

(g)

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

(h)

in respect of Article 4(2) and (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 the date referred to therein.