French
The Conseil d’Etat is asked to rescind the decree n°97-1329 of 30 December 1997 on the extension of the natural reserve of the Seine estuary. The claimant argued that the Ministry of Agriculture had to sign the decree, that the procedure has been conducted irregularly and that the land concerned cannot be recognized as nature reserve.
First, according to article 22 of the Constitution, Prime Minister’s acts are, when appropriate, countersigned by the Ministry responsible for their implementation. However the Ministry is not competent to sign or countersign the regulatory or individual measures necessary for the implementation of the decree concerned. Therefore the decree was legally adopted.
Secondly, according to article R.251-17 of the Environmental Code, a project of creation of a nature reserve must be submitted to the committee of the National Council for the Protection of Nature and then the Prefect. Pursuant to article L.332-2 of the same code the consultation of all local entities interested is also mandatory. These consultation have been properly realized. Therefore the argument is rejected.
Article L.332-1 of the Environmental Code provides that land can be recognized as nature reserve when the fauna, flora, soil water and minerals is of particular significance. The extension the nature reserve of the Seine estuary is linked to the particular significance of the land. The land where the nature reserve is located is of particular significance. It is also an important stopoover site for migratory birds, which include species includes in annexes of the directive 79/409/CE of the 2 April 1979. Therefore the decree was legally adopted.
Consequently, the request is rejected.