One actual environmental obligation (ORE) is a land-based environmental protection scheme. The objective is the holding, the conservation, the management or the restoring items from the biodiversity or ecological functions on one real estate.

The ORA takes the form of a contract between the owner(s) of a property and:

• Either one public authority (municipalities, departments, regions, overseas communities, etc.)
• Either one public institution (Office Français de la Biodiversité (OFB), Conservatoire de l'espace littoral et des rivages lacustrtres, Office National des Forêts (NFB), etc.)
• Either one legal person governed by private law acting for environmental protection (e.g. an association).

Learn more about the ORE's general rules

For more information, it is possible to consult fact sheets on the actual environmental obligation made available by the ministry responsible for the environment, including:

• Fact Sheet 1: What is a Real Environmental Obligation (ROE)? (pages 6 to 8)
• Sheet 2: What is the purpose of an ORE? (pages 9 to 13)
• Fact Sheet 3: Who can sign a contract establishing an ORE? (pages 14 to 16)
• Sheet 7: How to mobilize the ORE in the context of compensation for biodiversity damage? (pages 25 to 29)
• Fact sheet 10: How to implement the ORE in the Natura 2000 network? (pages 38 to 42)
• Fact Sheet 11: How to link the ORA with city planning law and the law of expropriation for reasons of public utility? (pages 43 to 46)

Actual environmental obligation: Summary sheets

Ministry for the Environment

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Particulars

The contract establishing the actual environmental obligation must include the following:

• Duration bonds (up to a maximum of 99 years)
• Reciprocal Commitments signatories (for example: carrying out development work, prohibiting the artificialization or use of pesticides, implementing monitoring of biodiversity elements). Financial commitments may be provided for in the contract. There must be commitments from both sides, but they need not be balanced.
• Possibilities of review and termination (example: in case of discovery of a protected species, in case of fire, in case of disease impacting a localized species on the property, etc.)

The contract establishing the ORE may include any actual obligations that the parties consider relevant, provided that the purpose of those obligations is the maintenance, conservation, management or restoration of elements of biodiversity or ecological functions.

Throughout its duration, the real environmental obligation (ORE) obliges the owners of the property (current and future) and the other party to respect the real obligations mentioned in the contract.

Formalities

The contract establishing the actual environmental obligation (ORE) must be drawn up in form authentic : it must have been received, with the requisite formalities, by a public officer (such as a notary).

The contract giving rise to the actual obligation is exempt from the following charges :

• Registration fees
• Land Advertising Tax
• Real estate security contribution.

Learn more about the content and form of the ORE contract

For more information, it is possible to consult fact sheets on the actual environmental obligation made available by the ministry responsible for the environment, including:

• Sheet 4: What is the minimum content for the ORE contract? (pages 17 to 19)
• Sheet 5: What forms must the ORE contract comply with? (pages 21 and 22)
• Sheet 6: What effects of the ORE contract for owners? (pages 23 and 24)

Actual environmental obligation: Summary sheets

Ministry for the Environment

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The owner who has entered into a rural lease with a farmer on land or buildings may only implement a genuine environmental obligation with the prior consent of the operator (on taker) and subject to the rights of third parties (e.g. bondage of a neighbor).

Any refusal by the operator must be justified (justification of the reasons for the refusal).

In the event of a reasoned refusal by the operator, the actual environmental obligation cannot be implemented. The implementation of the ORE despite this refusal may be canceled by any interested person (including the operator himself).

Learn more about the relationship between the ORE and the rural lease

For more information, it is possible to consult fact sheets on the actual environmental obligation made available by the Ministry for the Environment, including:

• Sheet 8: How to articulate the ORE with a rural lease? (pages 30 to 34)

Actual environmental obligation: Summary sheets

Ministry for the Environment

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The implementation of a real environmental obligation (REO) cannot in any way affect the rights related to:

• The exercise of hunting (for example, if a convention has assigned the right to hunt to a third party, or if the owner has contributed his right to hunt to an approved communal hunting association (ACCA))
• To the reserves hunting.

Learn more about the relationship between the ORE and hunting

For more information, it is possible to consult fact sheets on the actual environmental obligation made available by the Ministry for the Environment, including:

• Sheet 9: How to articulate the ORE with hunting? (pages 35 to 37)

Actual environmental obligation: Summary sheets

Ministry for the Environment

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One strong protection zone (FPA) is a geographical area in which the pressures generated by human activities that could compromise the conservation of ecological issues are absent, avoided, eliminated or severely limited, and this in a sustainable manner.

This strong protection is enabled by the implementation of land tenure protection or appropriate regulations. Effective control of the activities concerned is also put in place.

Sites with a genuine environmental obligation may, on a case-by-case basis and on request, be recognized as a strong protection zone.

The 3 criteria must be respected in order for an area to be considered strong protection are as follows:

1. The area:
   
   • Either is not subject to human activities that could put pressure on ecological issues such as the conservation of species or natural habitats
   • Either has management measures or specific regulations for activities or land protection aimed at avoiding, significantly reducing or eliminating, in a sustainable manner, the main pressures on the ecological issues justifying strong protection, on an area with ecological coherence with respect to these issues.
2. The space has protection objectives, primarily through a management document.
3. The area benefits from an operational system for controlling regulations or management measures.

The case-by-case analysis assesses the sustainability of these criteria and the known future pressures, notably as a result of planned projects or developments.

One request for recognition of strong protection zones must be formulated by the owner of the goods included in the areas concerned or by the manager of the areas concerned.

The request must be made to the competent department of the prefecture of the region in which the area is located. The competent service differs according to the type of space and its location: