FRANCE Law and Practice Contributed by: Carine Le Roy-Gleizes, Corentin Chevallier, Alice Messin-Roizard and Antoine Juquin, UGGC Avocats
must be completed or updated less than five years before the date of submission of the application for which they are required. After a public inquiry, regulatory authorities issue the authorisation with prescriptions or refuse it with justi- fications. To appeal permitting decisions, it is manda- tory to lodge a claim before the administrative court within two months following the permitting decision for the operator, and for interested third parties. A 2024 decree shrank the third-party claim delay from four to two months, aligning it with the operator’s delay. In addition, third parties must notify the appeal to the author and to the decision’s beneficiary. Their failure to do so would render the appeal inadmissible. In 2023, a “Green Industry” law was adopted: it aims to shorten the deadlines necessary to obtain the envi- ronmental permits. Finally, the revised EU Directive on the prevention and reduction of industrial emissions from certain sectors was published in July 2024. This directive introduc- es a new condition for industrial operations, requir- ing the establishment of emission limit values for the consumption and use of certain resources, notably water. Emission limit values are also set for waste and resources other than water. This directive will have to be transposed by member states before 2026. 4.3 Regulators’ Approach to Policy and Enforcement Since 2017, the French political approach to envi- ronmental policy and enforcement has favoured simplifying procedures for facility operators. Indeed, the French government created the “environmental authorisation” in 2017 (see 4.2 Environmental Per- mits/Approval ). Its most important goal is to improve the efficiency of project authorisation procedures for operators, reduce the time required for obtaining an authorisation and, at the same time, limit the number of disputes that may arise in connection with a single project. This procedure has not only improved the pro- cess for industrial petitioners but also case examina- tion and public access to environmental information. In the same spirit, and as part of the development of low-carbon energy production sectors, a law was
passed in March 2023 concerning the acceleration of renewable energy production. Additionally, a second law was adopted in June 2023 relating to the accel- eration of new nuclear facilities construction. Finally, an October 2023 law relating to the Green Industry encourages procedural simplification. The main provision of this law is the simplification of the environmental authorisation procedure. Public consul- tation will be led – alongside the examination of the application file – by the environmental authority, so as to reduce the period of issuance of the environ- mental authorisation by half. Additionally, exceptional procedures are introduced for industrial projects of major national interest (known as PIINM), identified by decree. Compatibility of local planning documents will be achieved more rapidly, building permits will be issued by the state rather than by local authorities, and exemptions from restrictions posed by protected species will be facilitated. The regulators’ approach is also in favour of strength- ening waste management, following a law that was passed in 2020 in order to reinforce extended produc- er responsibility (REP) and circular economy mecha- nisms. Regulators are also focusing on improving knowledge of polluted sites and soils, the effective- ness of remediation measures and the attractiveness of the areas where these sites are located. 4.4 Transferring Permits/Approvals Under French law, an environmental permit can gen- erally be transferred. The change in the permittee is contingent upon the declaration by the new permittee to the regulatory authority within three months follow- ing the transfer. While most permits can be transferred through a simple declaration, the transfer of the environmental authorisation for facilities requiring financial guar- antees (landfilling, quarries or some other polluting activities) must be authorised by the prefect. The new operator must file an application for the transfer in order for the regulatory authorities to review the financial guarantees. If the authority authorises the transfer, it may impose additional prescriptions or requirements.
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