FRANCE Law and Practice Contributed by: Carine Le Roy-Gleizes, Corentin Chevallier, Alice Messin-Roizard and Antoine Juquin, UGGC Avocats
law. While the Ukraine war led France to reopen coal plants, in September 2023, the French President reaf- firmed his pledge to convert the last two coal plants to biomass by 2027. 14. Asbestos and Polychlorinated Biphenyls (PCBs) 14.1 Key Policies, Principles and Laws Relating to Asbestos and PCBs Exposure to asbestos is widespread and is the most common cause of workplace death in France. Use of asbestos and all products containing asbestos is strictly forbidden in France subsequent to a decree issued in 1996. Protection measures for the general public against asbestos range from organising research and monitor- ing of the state of conservation of buildings containing asbestos to setting out the rules in connection with the responsibility of building/apartment owners and organising the communication of technical documen- tation between participants (landlords, construction companies, lessors, etc). The Labour Code also provides a set of rules to pro- tect workers from inhaling asbestos in the course of their normal work activities in direct connection with asbestos products (dismantling or handling thereof). Physical harm or injury does not have to be estab- lished for a damages claim. Since 2010, French courts have recognised the existence of a specific anxiety prejudice for workers who have been exposed to asbestos during their past work activities and who are expecting a possible diagnosis of an asbestos- related illness. 15. Waste 15.1 Key Laws and Regulatory Controls The key laws governing waste come from an EU Direc- tive on waste management that was incorporated into French law. Their main principles and objectives are to limit the production and toxicity of future waste at their
source, to organise waste management to be respect- ful of the self-sufficiency and proximity principles, to add value to waste through recycling and to proceed to the disposal of waste as a last-recourse solution. Therefore, there is a hierarchy in waste management. Traditionally, the person responsible for waste man- agement is either the waste producer or the waste holder. The mayor is the regulatory authority for the applica- tion of the waste regulation, except if the waste is subject to the classified facilities regulation (where the prefect is competent). A February 2020 law made the circular economy a pri- ority, through improving waste recovery and recycling and undermining planned obsolescence. This law also introduces a deposit return scheme in order to increase recycling and significantly reduce the amount of waste. An ordinance of July 2020 (trans- posing EU directives) broadens the exit from waste status and strengthens the management of biowaste. A law of November 2021 plans the recycling of digital sector products. The Green Industry Act has also introduced innova- tions in terms of waste management, notably by spec- ifying that by-products from industrial platforms may not be considered as waste under certain conditions. 15.2 Retention of Environmental Liability Any waste producer or waste holder is responsible for the management of waste until its final disposal or recycling. The person responsible for the waste must ensure that the person to whom they deliver it is authorised to take charge of it and will comply with the applicable regulations. In a 2023 decision, the Administrative Supreme Court ruled that the person collecting and transporting wastes on behalf of third parties cannot be qualified as a producer or holder of wastes under environ- mental law unless they acted with negligence. This means that the environmental liability for the disposal of waste, assigned to the transporter or collector, remains with the producer or consignor.
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