FRANCE Law and Practice Contributed by: Carine Le Roy-Gleizes, Corentin Chevallier, Alice Messin-Roizard and Antoine Juquin, UGGC Avocats
On top of that, the French Environmental Code pro- vides that a technical investigation may be led by the Office for Investigation and Analysis of Industrial Risks (known as BEA-RI), on its own initiative or as required by the Ministry for Ecological Transition and Territorial Cohesion. The investigation aims to improve the secu- rity of the site and prevent future accidents, without determining potential liabilities. Based on the investi- gation, the BEA-RI drafts security recommendations. 13. Climate Change and Emissions Trading 13.1 Key Policies, Principles and Laws France is involved in international climate negotiations within the framework of the United Nations Frame- work Convention on Climate Change (UNFCCC). France hosted the 2015 21st Conference of the Par- ties (COP21), which resulted in the Paris Agreement. The French Climate and Resilience Law of August 2021 states that France aims to respect the reduc- tion goals set in the Paris Agreement. Key Policies Reduction of atmospheric concentrations of green- house gases (GHGs) to prevent dangerous anthropo- genic interference with Earth’s climate system is con- sidered a national priority. This goal is implemented through sectoral policies and global targets. France aims to cut its GHG emissions by 50% by 2030 com- pared with 1990 levels. Key Principles To meet the objectives of the Paris Agreement and the commitments to GHG reduction made by France through its Intended Nationally Determined Contribu- tion (INDC), the French Climate Plan unveiled in 2018 (the “Climate Plan”) sets the goal of carbon neutral- ity by 2050. The Plan focuses on: thermal renova- tion, clean mobility development and the circular economy. It also aims to achieve carbon neutrality by 2050 through banning new hydrocarbon exploration projects and reinforcing green taxes. National Low Carbon Strategy 2 (SNBC 2), which is in force today, includes the same objectives defined by the Climate
Plan. The SNBC 3 is currently being discussed and expected to set even more ambitious targets. Key Laws Key laws relating to climate change are the 2009 Grenelle II Law and the 2015 Energy Transition for Green Growth. In 2019, the Energie Climat law (dis- cussed in 2.1 Regulatory Authorities ) introduced the concept of “ecological and climate emergency”. The 2021 Climate and Resilience Law has introduced new sets of climate policies on food, work and pro- duction, transport, housing and criminal law matters. This law also established the objective of zero net arti- ficialisation of the soil, which aims to slow the pace of urbanisation. Many decrees were passed in 2022 to implement this law. Several recent laws also aim to achieve climate change objectives, such as the 2023 Green Indus- try Law, which seeks to accelerate and facilitate the development and financing of environmentally sus- tainable projects. The 2005 EU Emissions Trading Scheme (EU ETS) is the EU’s main instrument for reducing GHG emis- sions. The recent reform of the scheme is part of the “Fit for 55” package, a set of proposals to revise and update EU climate, energy and transport legislation. In France, the European system is implemented through the National Quota Allocation Plan (PNAQ), which allo- cates GHG emission quotas to over 1,300 plants. The current PNAQ phase runs from 2021 to 2030. 13.2 Targets to Reduce Greenhouse Gas Emissions Legal goals are determined by the French Energy Code, which contains a legal target for GHG emis- sions reduction of 40% between 1990 and 2030. For 2021–30, the government has issued a series of objectives aimed at reducing GHG emissions by 43% (by comparison to 2005 levels), with a particular focus on aviation and industry. The goal is also to reach carbon neutrality by 2050. The Environmental Code outlines reduction targets for GHG emissions, including a 40% cut in fossil energy consumption by 2030 under the 2019 Energie Climat
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