FRANCE Law and Practice Contributed by: Carine Le Roy-Gleizes, Corentin Chevallier, Alice Messin-Roizard and Antoine Juquin, UGGC Avocats
Administrative Inspections The French Environmental Code provides conditions under which administrative inspections can be per- formed. During such inspections, the administrative authority has several powers regarding access to the facility and documents. The 2019 OFB Law gives additional powers to environmental inspectors, who are authorised to take samples and place them under seal. A December 2020 law has extended their com- petence even further. If irregularities are found during the inspection, the administrative authority can impose sanctions. After the inspector’s visit, the operator receives a copy of the report and thus becomes aware of the case against them and can respond to the prefect. Before actual sanctions are imposed, the operator is given the chance to comply (prior formal notice). The 2019 OFB Law has introduced a new criminal offence. If an operator who has conducted their activ- ity without authorisation or certification is ordered to take remediation measures in the context of the cessation of their activity, and does not respect this order, the sanction might result in a two-year prison sentence and a maximum fine of up to EUR100,000. Negotiated settlements are not allowed under French law. Authorities cannot agree to either reduce sanc- tions or decline to bring an enforcement action in their role as administrative police. Criminal Investigations Criminal investigations are accomplished by regula- tory authorities in the case of a breach of environ- mental law. In the event of a criminal investigation, the inspection performed is similar to the administrative procedure, but the prerogatives of the inspector are extended – for example, they may conduct identity checks. Similarly, the inspector issues a report to the prosecu- tor and remains (along with the prefect) at the pros- ecutor’s disposal for further investigations. By way of example, the inspector may question the operator on behalf of the prosecutor. Since the OFB Law, envi- ronmental inspectors are also able to collaborate with other police services on a given case, while remain-
ing entirely autonomous in their investigations. Since December 2020, these environmental inspectors have the same powers as judicial police officers for the judi- cial investigations they lead. 4.2 Environmental Permits/Approvals Environmental permits may be required, depending on the project. The classified facilities regulation and the water activities regulation provide categories and thresholds that determine the legal framework apply- ing to the project (ie, declaration, registration and authorisation for classified facilities). Facilities with the highest environmental risks fall under a special category, determined by the Seveso Directive. An environmental authorisation (ie, a permit) is required for activities that materially affect protected interests listed in the French Environmental Code (environment, water, health, etc). Since March 2017, all the procedures necessary for projects subject to authorisation under the classified facilities regulation or the water regulation have been merged into a single environmental authorisation. This environmental authorisation thus covers other specific authorisations when they are required for the project (eg, land-clearing activities and derogation for destruction of protected species). However, the build- ing permits are not included in this broad authorisa- tion. The French Environmental Code provides specific cri- teria and procedures to obtain environmental permits; they are progressively more restrictive, ranging from the simplest (declaration) to the most stringent (regis- tration and environmental authorisation, including an environmental impact assessment). The Environmental Impact Assessment Directive sets criteria and thresholds, which are integrated into French law, and determines whether the projects are likely to have notable consequences. Projects with a potential impact on the environment must undergo either a systematic environmental assessment or an assessment after a case-by-case review, depending on certain thresholds. An August 2025 French Decree provides that the fauna and flora inventories, that are comprised within the environmental assessment,
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