FRANCE Law and Practice Contributed by: Carine Le Roy-Gleizes, Corentin Chevallier, Alice Messin-Roizard and Antoine Juquin, UGGC Avocats
UGGC Avocats 47 rue de Monceau 75008 Paris France Tel: + 33 1 56 69 70 00 Fax: + 33 1 56 69 70 71 Email: paris@uggc.com Web: www.uggc.com
1. Regulatory Framework and Law 1.1 Environmental Protection Policies, Principles and Laws The main provisions concerning environmental pro- tection are included in the French Environmental Charter and the French Environmental Code. Please note that there are additional implementation provisions that have not been codified in the French Environmental Code and that the mining regulation is provided by the French Mining Code (not covered in A key aspect of French environmental law concerns the regulation of classified facilities, which applies to industrial or agricultural facilities that may have an impact on the environment. French law defines classified activities and sets thresholds for declaration, registration or authori- sation, allowing authorities to impose requirements on these facilities (see 4.2 Environmental Permits/ Approvals ). A similar regulation provides that an activ- ity affecting waters (surface waters and groundwater) can be subject to declaration or authorisation from the relevant authorities. Those authorities may impose some requirements on regulated activities. this chapter). Key Policies Another major aspect of environmental regulation con- cerns waste management. The governing principle is that waste producers or owners are legally respon- sible for waste collection, elimination and recycling.
Key Principles The French Environmental Charter enshrines the fun- damental principles of environmental protection at a constitutional level. Indeed, this charter contains important principles such as the precautionary prin- ciple, the right to live in a healthy environment, the right to environmental information, the duty not to harm the environment, and the duty to preserve the environment and repair the damage ‒ as well as the “polluter pays” principle. The prevention principle is also included in this charter. In addition, the charter sets out the principle of sustainable development as a central objective of public policies. Additional principles are defined in the French Envi- ronmental Code and embody legal concepts such as the principle of participation, which allows affected people to express their opinion on a project with potential environmental impacts. Another key princi- ple is “non-regression”, which implies that measures protecting the environment can only be improved through constant scientific progress and shall not be reduced.
2. Enforcement Authorities and Mechanisms 2.1 Regulatory Authorities
In France, the key regulatory authorities are the Min- istry for the Environment and the prefects of depart- ments, who directly represent the Ministry at a local level. The missions of the Ministry mostly involve the drafting of environmental regulatory provisions.
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