FRANCE Law and Practice Contributed by: Fernand Arsanios, Delphine Guillotte, Guillaume Chaboureau, Houda Idaroussi and El Sayegh, King & Spalding
nent among these are the European Investment Bank, the French Caisse des Dépôts et Consignations and the French Agence Française de Développement. 8.7 Natural Resources France, encompassing both mainland France and overseas territories, exploits a wide range of natural resources, including metallic and non-metallic miner- als (eg, gold, bauxite, gypsum), biomass (plant and animal, excluding livestock), freshwater, and renew- able energy (solar, wind and geothermal) sources. Natural resources-related projects can be subject to a wide range of regulations, depending on their charac- teristics. For instance, timber exploitation is primarily governed under the French Forest Code, while large agricultural installations fall under the scope of the regime for permitted facilities ( Installations classées pour la protection de l’environnement or ICPE), regu- lated by the French Environment Code. The explora- tion and exploitation of mineral resources are gov- erned by the French Mining Code, which outlines the rules for exploration licences and concession agree- ments. Quarries fall under both the ICPE regime and certain provisions of the French Mining Code. A common concern associated with the use of natu- ral resources, regardless of their type, is their social and environmental impact. These issues have been longstanding. For instance, the Environmental Char- ter, integrated into the French Constitution in 2005, highlights the adverse effects of natural resource over- exploitation on biodiversity and individual wellbeing (Recital No 5). Reflecting these priorities, the French Government adopted the “Resources for France Plan” in 2018, which outlines key objectives such as devel- oping a programme for strategic metals. Furthermore, a recent reform of the French Mining Code, initiated in 2021-2022, has sought to better integrate health and environmental considerations. In France, the management and exploitation of natu- ral resources involve both public entities and private companies, often giving rise to legal disputes. These challenges frequently concern issues such as the validity of permits – eg, the annulment of a tungsten mine exploration license due to insufficient environ- mental considerations – or the liability of operators,
such as claims against the state for environmental harm caused by historical metal pollution. Exports may also face restrictions under certain cir- cumstances. The government can impose controls on energy product exports during shortages. Additionally, EU Regulation 2023/1115 prohibits the export of cer- tain commodities and products linked to deforesta- tion, including wood-based packagings manufactured within the EU. 8.8 Environmental, Health and Safety Laws Certain projects require prior environmental authori- sation issued by the local state services department ( préfecture ), depending on their size, nature or loca- tion. This authorisation combines a series of authori- sation, permit, and exemption applications under the same procedure – eg, a permit to operate facilities which qualify as ICPEs and exemption requests for projects affecting protected species. It should be noted that projects affecting protected species will be granted an exemption when the applicant demon- strates that (i) certain conditions are met – specifically, the absence of any other satisfactory solution; (ii) that the derogation will not adversely affect the mainte- nance of protected species populations at a favoura- ble conservation status within their natural range; and (iii) that the derogation serves a valid justification, such as “imperative reasons of major public interest”. Since 2023, certain renewable energy projects are deemed to automatically meet such criterion. The environmental authorisation procedure consists of several stages and involves multiple stakeholders, as follows. • Application preparation – a dossier is compiled, typically including an environmental impact assess- ment and a risk assessment, tailored to the pro- ject’s specifics. • Administrative review – the dossier is submitted to the local state services department, verified, and shared with the relevant authorities (eg, Environ- mental Authority, local and regional agencies, nature protection councils). • Public consultation – a three-month public consul- tation runs alongside the authorities’ examination.
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