Published on August 10, 2016 – Author : Coline Mionnet
What is going to change about French environmental evaluation
Last Wednesday, August 3, the French Minister of Environnement, Segolene Royal made adopt four new orders in Council of Ministers including two orders on environmental democracy and evaluation, a third related to the production of electricity from renewable energy; and the last on experimentation of autonomous vehicles on public roads. Let’s see what bring the first two orders in terms of innovation.
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Simplification and transparency of environmental evaluation
After reforming the environmental authority, the order regarding the modification of rules of environmental evaluation of projects, plans and programmes is a further step to improve the compliance of French environmental law to European law.
Beyond the duty of transposition of European law into French law, requested by the European Commission, the aim is to simplify and clarify the rules on environmental evaluation.
According to Segolene Royal, the reform allows to simplify procedures without prejudice to the environment protection requirements. A more practical approach of projects, common or coordinated procedures, is implemented to better evaluate their environmental impact and to avoid impact assessments redundancy.
The Council of Ministers report of August 3 affirms that the new order aims reduction of impact assessments number through case by case examinations carried out by the environmental authorities. In addition, classification of the most « impacting » projects should soon be renovated by decree in Council of State in order to better target projects subjected to environmental evaluation.
Below, the main rules applicable to the environmental evaluation of projects:
- consultation of local and regional authorities and their groupings,
- submission of the approval decision content to environmental evaluation ,
- obligation for the general contractor to make his impact assessment electronically available,
- establishment of procedures to resolve cases of projects subjected to environmental evaluation but not related to a national system of authorisation or which autorisation licence is not in accordance with the French Environment Code,
- impact assessments updating.
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Modernization of public inquiry
The order “concerning reform of the procedures that ensure public information and participation in the elaboration of decisions that might have an impact on environment”, was also taken in Council of Ministers on August 3.
It defines the objectives and specifies section 7 terms of the French Environment Charter, granting the right for anyone to participate in drafting decisions having an environmental impact.
Firstly, when the preliminary consultation has not fallen within the National Public Debate Commission’s abilities (CNDP), within the French city planning laws, or if it has not already been achieved voluntarily by the general contractor, a new initiative right will allow to request its organization by the prefecture. Citizens, recognized associations for the environment protection and local authorities can make this request only for projects involving important public funds.
Furthermore, the CNDP’s scope is extended to national plans and programmes. It may appoint guarantors responsible for ensuring smooth proceedings of the preliminary consultations and organize conciliations about contentious projects, between the involved parties. The public inquiry is modernized by its dematerialisation and the opportunity to make observations via internet. Nevertheless, its minimum duration and its extension period have been reduced. This measure aims to facilitate citizens participation about important projects and to reduce procedures costs, which can slow down projects.