The recent environmental and climate change policy in France has focused on two objectives: protecting biodiversity and ensuring a successful energy transition.
The Law on the Recovery of Biodiversity, Nature and Landscapes of 8 August 20162 is based on a number of principles: 'avoid, reduce, compensate'; non-regression in environmental matters; ecological solidarity and the protection of biodiversity; and new legal redress mechanisms to provide compensation for ecological damage and prevent environmental damage before it takes place, as well as helping to prepare projects that may harm the environment so as to mitigate such issues in advance.
The 2015 Energy Transition Act3 aims to promote renewable energy and reduce nuclear energy in electricity production. France is still far behind its objectives regarding the development of renewable energy.
II LEGISLATIVE FRAMEWORK
Today, the main source of legislation relating to environmental protection and climate change is the 2001 Environmental Code, but the main instruments of environmental law were previously the work of the judge, either judicial or administrative, namely the ecological impact assessment or environmental impact assessment, based on the National Environmental Policy Act 1969.4 In addition to the French Environmental Code, there is also the Environmental Charter,5 enclosed in the French Constitution, which is under the control of the Constitutional Council. After proclaiming the right to a healthy environment, the Environmental Charter contains the main founding principles of environmental law: prevention, precaution, polluter pays, and the right to participation and information in environmental matters.
The Environmental Code concerns, on the one hand, the protection of essential elements of the environment (air, water, climate, fauna, flora and landscapes) and, on the other hand, the rules concerning pollution control (Book 5). The first provisions are Books 2, 3 and 4 of the Environmental Code, which is composed of seven books (including two devoted to the French Overseas Territories). The first book is thus composed of the following generic provisions:
- general principles (Title I);
- information and participation of citizens (Title II);
- institutions active in the field of environmental protection (Title III);
- the role of environmental protection associations and local authorities (Title IV);
- general taxes on polluting activities (Title V);
- the prevention and remedying of certain damage caused to the environment (Title VI);
- common provisions on administrative controls and criminal penalties (Title VII); and
- administrative procedures relating to environmental authorisation (Title VIII).
Book 5 concerns, in particular, establishments that are dangerous to the environment, chemicals, waste, genetically modified organisms, biocides, nanotechnologies and nuclear safety, but also protection against natural hazards and noise pollution, as well as regulations concerning advertising boards and outdoor advertising.
French domestic law is strongly influenced by EU law, which encompasses the same subjects and has been inspired, since the 1980s, by the major systems of French law. Regarding climate change, Article L. 229-1 of the Environmental Code states: 'The fight against the intensification of the greenhouse effect and the prevention of risks linked to global warming are recognized as national priorities.' The following provisions deal with the National Observatory on the Effects of Global Warming, the issue of quotas and, above all, the issue of planning at the local and national levels.
Finally, by virtue of Article 55 of its Constitution, France recognises the superiority of treaties over domestic law, and applies and recognises many international conventions that have direct effect, such as the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters; the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal; a large number of conventions on air pollution, the law of the sea and the law of protected species; and the Paris Agreement. In total, France has ratified more than 300 environmental treaties or conventions.
III THE REGULATORS
The Ministry of Ecological and Inclusive Transition enforces the main policy regarding themes of environmental law and issues relating to spatial planning and energy law.6 It consists of two agencies, each with a relatively important role to play.
First, there is the Environment and Energy Management Agency, a public institution of the state whose statutes and powers are described in Article L. 131-2 of the Environmental Code. Its mission is to prevent and fight against air pollution, prevent waste production, reorganise and monitor waste storage facilities, achieve savings in energy and raw materials, develop clean and efficient energy-related techniques, fight against noise pollution and coordinate at a local level the water agencies in their area of common interest.
Second, there is the French Agency for Biodiversity, which was created by Law No. 2016-1087. Its mission is to ensure the preservation, management and restoration of biodiversity; the development of knowledge concerning the resources used and ecosystem services related to biodiversity; balanced and sustainable water management; and the fight against biopiracy. It also plays an administrative role over the application of Law No. 2016-1087.
The most important aspects of environmental litigation are devolved to the administrative courts, which are organised in three levels: the administrative courts, the administrative courts of appeal and the Council of the State, which has the general role as judge of cassation and may be directly involved in some important cases at the national level. The procedure before the administrative courts is essentially written and inquisitorial, and is in accordance with the principle of adversarial proceedings. The courts of the judicial order attached to the Court of Cassation (courts and courts of appeal) judge disputes between private persons and those relating to the environmental liability of private persons for nuisance or pollution. Law No. 2016-1087 of 8 August 2016 on the Recovery of Biodiversity, Nature and Landscapes legalised the principle of compensation in kind for ecological damage; the rules relating to this dispute are contained in Articles 1246 et seq. of the Civil Code.
The above-mentioned jurisdictional mechanism is an effective device in the case of a violation of environmental laws and regulations or damage to the environment. The creative and interpretative role of judges must also be emphasised as the law of impact studies and the right of compensation for ecological damage both result from decisions of first degree courts, preceding the Environmental Code.7
Anyone with a direct, material and certain interest may take legal action, whether a legal person, individual, local government, association or company. For associations, the statutes must be precise and aim at the very object of the dispute. Litigation generally arises from the initiative of civil society. In principle, access to justice is free of charge, but costs and expenses can be significantly incurred, and all corporations or legal persons, even under public law (local authorities, departments and regions) except the state, may be sued in criminal courts.
The European Court may be seized – after exhaustion of domestic remedies – for violation of the principles and rules established by the European Convention on Human Rights, which is based on the model of the 1948 Universal Declaration of Human Rights, and has been interpreted by it as applying to the protection of the environment. Two articles are generally invoked: Article 2 (the right to life) and Article 8 (the right to domicile). The Court of Justice of the European Union (CJEU) allows the interpretation, on its side in particular, of the European Union's numerous directives on the environment and on the reference for a preliminary ruling by national courts.
This jurisdictional system is important but does not operate on a system of oral evidence, which is testimonial; on technical matters it operates on the expert opinion procedure, which is very strictly regulated. However, the judge is not definitively bound by the expert's decisions.
V REPORTING AND DISCLOSURE
The issue of environmental information is rooted in the highest level of law: constitutional law (Article 7 of the 2005 Environmental Charter). This right is generally exercised according to a very precise system allowing the referral to a committee that sits under the Prime Minister: the Administrative Documents Access Commission (CADA). Any citizen wishing to obtain a document relating to an environmental issue may make a written request to the authority concerned and, in the event of refusal after the CADA's decision, refer the matter to the administrative tribunal.
Parliamentary committees of inquiry in France have often been assembled on several environmental issues: they are intended to enlighten both Parliament and citizens. However, they do not have the same power as in common law countries. With regard to cases of violation of environmental regulations or permits issued by the administrative authority, most are placed under the jurisdiction of the administrative courts and the appeal must be lodged within a very short period: two months from the date of publication or notification of the administrative act unless otherwise specified.
Regarding the litigation of soil contamination, there is a wealth of case law punishing the lack of information or compliance of land polluted by waste or former industrial activities carried out under the legislation on classified installations for the protection of the environment. With regard to the environmental information obligations, the essentials are found in the Environmental Code and in Title II of Book I.
Recent case law of the Counsel of the State also considers that responsibilities generally extend to the last operator and exceptionally also to the owner of the land. The actions must result in full restoration or compensation for the damage caused; waste liability is treated in the same way, but only concerns the obligation to dispose of the waste and not necessarily the restoration of the site.
Climate litigation involving expert opinions about to become effective in France and Europe include the Urgenda climate case, and what has been called The People's Climate Case, filed by 10 families across the European Union. The Urgenda case, which is a Dutch case, has recently been confirmed by The Hague Court of Appeal of 9 October 2018. It calls into question the responsibility of the Dutch state for insufficient measures taken against global warming.8 The People's Climate Case is directed against the European Commission. In France, one litigation is currently planned against the French state for failure to act, and another has been filed against Total S.A. for failing to provide an information report on its action about climate change. The commune of Grande-Synthe (23,000 inhabitants) undertook an action similar to the Urgenda action at the end of November 2018, but this must take place before the administrative court
VI ENVIRONMENTAL PROTECTION
i Air quality
Air quality management must be distinguished from emission control even though regulation of emission sources is necessary to achieve quality standards.
The legislative and regulatory framework for air protection was introduced in France by the Law on Air and Rational Use of Energy of 30 December 1996, which makes Regional Air Quality Plans mandatory, replaced since then by the Regional Climate, Air and Energy Schemes resulting from Law No. 2010-788 of 12 July 2010 on National Environmental Commitment), the Atmospheric Protection Plans and the 'air' section of the Urban Travel Plans.
Article L. 220-2 of the Environmental Code defines atmospheric pollution. The right of everyone to breathe air that does not harm their health has been set out in Act No. 96-1236 of 30 December 1996, and is listed in Article L. 220-1 of the Environmental Code. This principle has been constitutionalised and enshrined in the Environmental Charter.9 Indeed, Article 1 of the Environmental Charter also provides that 'everyone has the right to live in a balanced environment that respects health'. If it can be directly invoked before the judge in the context of a dispute, Article 1, like all the other articles of the Charter, is addressed first and foremost to the public authorities and the legislator, who must ensure that this right is protected. It should be read in conjunction with Article 1 of the Air Act, which recognises the right of everyone to breathe clean air. Air pollution seriously affects health; in France, the number of deaths attributed to air pollution is at least 45,000 per year, according to the European Environment Agency.
The measures for the Plan for the Protection of the Atmosphere must be elaborated by the state representative (prefect) in municipalities with more than 250,000 inhabitants. This plan also aims to implement traffic restriction measures. In February 2018, France sent the European Commission the elements of its action plan, which aims to guarantee breathable air for all French people. This approach is linked to the decision handed down in July 2017 by the Counsel of the State,10 which held the state responsible for persistent violations of the concentration limit values for fine particles (PM) and nitrogen dioxide (NO2) in several areas of the national territory. The High Administrative Court requested the French state to implement an effective air pollution control strategy by 31 March 2018. On 13 April, in a press release, Nicolas Hulot, former Minister of Ecological and Inclusive Transition, published the roadmaps on air pollution, drawn up by the regional prefects of the areas concerned by the exceeding of air pollution thresholds. These roadmaps set out actions to improve air quality in the 14 areas11 particularly affected by air pollution.12 For example, the public authorities of the Ile-de-France region (Paris)13 have committed themselves as climate, air and energy leaders for the period 2018 to 2022.
Nicolas Hulot also welcomed the development of measures such as the vehicle conversion bonus (which allows French people who want to buy a new or recently used car emitting less than 130 gCO2/km to receive aid of up to €1,000 by scrapping an old polluting vehicle; this bonus is doubled for non-taxable households) or the successful deployment of the Crit'Air system, a secure sticker to be affixed to the vehicle that indicates its environmental class according to its emissions of atmospheric pollutants, making it possible to favour the least polluting vehicles.
The Commission brought an action before the CJEU against France for 'non-compliance with the limit values for NO2 and for failure to take appropriate measures to shorten the periods of exceedance as much as possible'. France would be expected to now review its solutions to fight against the sources of atmospheric pollution.
ii Water quality
Water law in France is characterised by its complexity because both the statute and legal regime are related to the right of ownership. Under the Civil Code, water is considered a common good (res communis). The legislator did not elaborate a water code, and there is no legal definition of the term 'right to water'. The legal regime applicable to water is found in several codes. Three important laws have made it possible to establish the basis of a positive right to water. The first legislation against pollution of surface and groundwater was Law No. 64-1245 of 16 December 1964 on the regime and distribution of water and the fight against pollution, which established the legal framework for the regulation of water resources by dividing France into six river basins. The second was Law No. 92-3 of 3 January 1992 on Water, which harmonised the legal regime for water management. Finally, Act No. 2006-1772 of 30 December 2006 on Water and Aquatic Environments recognised the priority use of water for human consumption and established a right of access for all to drinking water. The main texts on this subject are codified in Title 1 of Book II 'Water and aquatic environments' of the Environmental Code. Article L. 211-1 guarantees the principle of balanced and sustainable water management, and Article L. 210-1 of the Environmental Code implicitly grants the state the right to organise the use of this water for the benefit of other people than solely the locals.
To this must be added EU law, which constitutes an essential source of water law, as well as international conventions. France transposed Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000, establishing a framework for Community action in the field of water policy by Act No. 2004-338 of 21 April 2004. This directive reflects the will of the Member States to harmonise their water legal systems.
There are several organisations responsible for water management. Placed under the authority of the Minister of Ecological and Inclusive Transition, the Water Department's14 mission is to develop and monitor the application of the rules relating to the water regime. The National Water Committee, an advisory body whose secretariat is taken up by the Water Department, gives its opinion on the projects of development and distribution of waters with a national character, on large regional arrangements or on the quality of the public services of water distribution.15 In addition to the regional water agencies (one per river basin), the French Biodiversity Agency,16 a public administrative body, ensures balanced and sustainable water management and promotes the coherence of other policies that would have an impact on biodiversity and water.
The legislator organises water management through two types of urban planning documents: the Main Plan for Water Development and Management (SDAGE) and the Water Development and Management Plan (SAGE). The 2006 law strengthens the legal scope of the SAGE by giving it the status of a document with regulatory value. Several specialised institutions in the field of water management ensure its management: the water basins whose prefects are coordinators, the basin committees that develop the SDAGEs, as well as the water agencies that implement the principle of balanced and sustainable management of water resources. Finally, a local water commission is created by the prefect to review and monitor the application of the SAGE.
The general law relating to chemicals and dangerous industrial activities appeared in the nineteenth century, first by the decree of 15 October 1810 on insalubrious, inconvenient or dangerous factories and workshops, then by the amended law of 19 December 1917 on dangerous, insalubrious or inconvenient establishments, and finally by Law No. 76-633 of 19 July 1976 on Installations Classified for the Protection of the Environment, now codified in Book V, Title I of the Environmental Code. A national plan for the prevention of risks to health related to the environment is drawn up every five years.17 The first 'National Health-Environment Plan' (PNSE 1) was developed in June 2004 by the government to guide regulation from 2004 to 2008. A second plan, PNSE 2, was adopted in July 2009. Adopted in November 2014, the PNSE 3 for the period 2015 to 2019 provides several measures, including risk mapping.
The European Union has set up the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) system and has created a European Chemicals Agency.18 The REACH regulation requires companies that manufacture and import chemical substances to evaluate and assess the risks resulting from their use and to take the necessary measures to manage any identified risks. This regulation replaces more than 40 previous directives and regulations and creates a single system applicable to all chemicals.
The administrative bodies responsible for chemicals are divided between several ministries (Health and Environment). The Prevention and Precaution Committee19 has a dual mission: to monitor and alert on all environmental issues likely to have an impact on human health; and to conduct expertise in the assessments of health risks related to the environment. Victims of chemicals have several legal remedies available to them when seeking redress for the damage caused. The protection of health is guaranteed under Article 11 of the preamble to the 1946 Constitution, which is incorporated into the 1958 Constitution. The regime for the prevention and reparation of damage caused to the environment by hazardous professional activities is established by Act No. 2008-757 of 1 August 2008, codified in Articles L. 160-1 to L. 165-2 of the Environmental Code. Currently, chemicals are subject to legal rules that may engage the responsibility of the various stakeholders throughout this process.
iv Solid and hazardous waste
Waste is defined in Article L. 541-1-1 of the Environmental Code. Hazardous waste is characterised by one or more of the hazard properties specified in Annex III of the European waste Directive 2008/98/EC. An asterisk in the list of waste mentioned in Article R. 541-7 of the Environmental Code allows reporting it. Every waste holder is required to characterise his or her waste and, in particular, to determine if it is hazardous waste in order to direct him or her to the right treatment, or, failing that, to any producer.20
After consulting the decision-making body of the municipality or the group of local authorities responsible for the collection of household waste, the mayor or the chairs of the group of local authorities responsible for collecting waste must establish the terms of the collection for various categories of waste.21
The prevention of waste is one of the pillars of the circular economy, according to Article L. 541-1 of the Environmental Code. Waste management must not endanger human health or harm the environment. The extended responsibility of waste producers is reaffirmed in the name of the polluter-pays principle, regardless of the legal nature of the producer. French legislation incorporates European guidelines in this area: the 2015 Energy Transition Act includes the European objective of reducing by 50 per cent the stored waste by 2025.
The prevention of waste is one of the pillars of the circular economy, according to Article L. 541-1 of the Environmental Code.
v Contaminated land
It is with the aim of limiting urban sprawl that a legislative framework dedicated to 'polluted sites and soils' was brought into the Environmental Code. Article 173 of Law No. 2014-36622 on Access to Housing and Renovated Urban Planning has provided a number of clarifications that are now codified in the Environmental Code, particularly with regard to land-use changes to facilities that have been decommissioned and rehabilitated,23 or construction or subdivision projects located in a land information area.24 In essence, the law allows the transfer of industrial responsibilities for soil pollution to the developer and not just to the industrialist.
The legislator has confirmed the idea of ex officio execution of works in the case of pollution of the land or risks of soil pollution presenting threat for the health, the safety of the public and the environment regarding the use taken into account.25 The person responsible is either, by order of priority: the last operator of the installation causing the soil pollution, or the person designated under Articles L. 512-21 and L. 556-1 of the Environmental Code. For soils polluted by another origin, it is the producer of waste who has contributed to the origin of the soil pollution or the waste holder to whom the fault is attributed. As indicated, in the absence of a responsible party, one turns towards the owner of the land base of the soil polluted by an activity or waste if it is shown that he or she has been negligent or is aware of this pollution. Soil pollution is also assessed in terms of the damage it is likely to cause to the environment with a risk of serious injury to human health owing to soil contamination resulting from direct or indirect introduction of substances, mixtures, organisms or micro-organisms.26
The state is not meant to replace the designated officials. However, their failure may lead it to do so under the conditions laid down in Articles L. 131-3 and L. 541-3 of the Environmental Code.
VII CLIMATE CHANGE
According to case law, the state's obligation contained in Article L. 229-1 of the Environmental Code is not mandatory (judgment Commune de Heidwiller of 21 June 2007, sentenced by the Nancy Administrative Court of Appeal).
From a purely contentious point of view, the association Notre Affaire à Tous has set itself the mission of acting for climate justice in France, particularly through the petition filed in autumn 2017 to hold the French state liable for faulty failure to act in the fight against climate change. As a result, the areas of competence assigned to local authorities could be strengthened in this matter. For example, under Article L. 121-1 of the Urban Planning Code, the law should encourage the need to preserve air quality to allow elected officials to promote in their policies the challenge of reducing greenhouse gas (GHG) emissions. The prefects, mayors or the president of the general council would risk being held responsible if they did not intervene when the populations of their locality are endangered.
Further, Article 173 of Law No. 2015-94 of 17 August 2015 on the energy transition contains obligations for companies to monitor and control measures to combat global warming; to our deepest regret, the government is struggling to make a real application of all said texts.
The fight against climate change is the subject of joint action by European countries. The integration of the environment into the policies of the European Union dates back to a meeting of the Paris European Council in October 1972.27 Since 1973, the need to create a multi-annual action programme in the field of the environment has been realised. In this respect, the Seventh Programme for the years 2013 to 2020 under Article 192(3) of the Treaty on the Functioning of the European Union was established, which sets out the priority objectives to be achieved in terms of environmental protection. This programme aims, inter alia, to 'ensure investment in support of environmental and climate policies and combat environmental externalities' and to 'increase the Union's effectiveness in tackling international environmental and climate problems'. It was not until the 1987 Single European Act that the first legal basis for the European Union's environmental policy was established. Then, the following treaties maintained the spirit of this commitment: the 1992 Maastricht Treaty and the 1997 Amsterdam Treaty. But it was through the 2007 Lisbon Treaty that climate change became a full-fledged objective of the European Union's policies.
The European Union has set itself the goal of devoting 20 per cent of its 2014 to 2020 budget to the fight against climate change (i.e., €180 billion). Member States have committed to reduce their GHG emissions by 20 per cent for the second period (2013 to 2020) compared to 1990. Since 2005, the European Union has adopted its main tool for carrying out its climate policy, the Emissions Trading Scheme, which encourages the reduction of the volume of greenhouse gases emitted by the industrial sector. Recently, to combat climate change by 2030, the European Union has set itself the target of reduction emissions by 40 per cent from 1990 levels, and has committed to increase energy efficiency by at least 27 per cent as well as promote renewable energy. In the long term, by 2050, the European Union intends to reduce its emissions by between 80 and 95 per cent compared to 1990.
To integrate the objectives of the Kyoto Protocol, France adopted the Climate Plan in 2004, which provides the possibility for local authorities to establish territorial climate-energy plans, which have become plans under Article L. 229-26 of the Environmental Code resulting from the law on energy transition for green growth. According to Article R. 229-51 of the Environmental Code,28 this plan 'includes a diagnosis, a territorial strategy, an action programme and a monitoring and evaluation system'. The decree of 4 August 2016 on the Climate-Energy Territorial Plan establishes the list of atmospheric pollutants, namely nitrogen oxides (NOx), particulate matter PM10 and PM2.5, volatile organic compounds (VOCs) defined in I of Article R. 221-1 of the Environmental Code, as well as sulphur dioxide (SO2) and ammonia (NH3) and the sectors of activity to be taken into account by the authorities concerned. Finally, this decree defines the address of the IT platform on which the territorial climate-air-energy plans must be transmitted and published, as well as the data to be provided, and, depending on the categories of users, the access restrictions necessary to protect the confidentiality of personal data.
In its five-year climate plan report presented in July 2018, France has acknowledged its delay in meeting its greenhouse gas emission-reduction targets. The National Low Carbon Strategy for the period 2014 to 2018 has set at a target of 440 MtCO2 (metric tons of carbon dioxide), but could reach 458 MtCO2 by the end of 2018. France aims for carbon neutrality by 2050 and claims to champion the transition to a fossil fuel-free economy.
VIII OUTLOOK AND CONCLUSIONS
For almost 40 years, French environmental law has benefited from a rather comprehensive system that remains permanently under the control of its administration and that of the administrative judge. The Environmental Code has only brought together existing texts.29 As a result, it is constantly updated.
However, the statements relating to the important role that France would play in the fight against climate change do not correspond to the effectiveness or sufficient development of domestic law on the protection of biodiversity and energy transition.
Fortunately, the constant support of European law for French law, such as the consistent environmental case law of the European Court of Human Rights, is a bulwark against attempts to obstruct environmental law. To this should be added the principle of non-regression of environmental law resulting from Law No. 2016-1087 on the Recovery of Biodiversity, Nature and Landscapes, which was validated by the Constitutional Council.
1 Christian Huglo is a founding partner at Huglo Lepage Avocats. The author would like to thank Chancia Plaine, jurist at Huglo Lepage, for her contribution to this chapter.
2 Law No. 2016-1087 of 8 August 2016 on the Recovery of Biodiversity, Nature and Landscapes, NOR: DEVL1400720L.
3 Law No. 2015-992 of 17 August 2015 on the Energy Transition for Green Growth, NOR: DEVX141313992L.
4 National Environmental Policy Act, 42 U.S.C. Section 4321 et seq. (1969).
5 Constitutional Act No. 2005-205 of 1 March 2005 on the Environmental Charter, NOR: JUSX0300069L.
6 Decree No. 2008-680 of 9 July 2008 on the Organisation of the Ministry of Ecology, Energy, Sustainable Development and Town and Country Planning, NOR: DEVK0815768D.
7 Case concerning the pollution of the Mediterranean, and the pollution of the Rhine; see Christian Huglo, Avocat pour l'environnement, LexisNexis, 2013.
8 See Christian Huglo, Le contentieux climatique: une révolution judicaire mondiale, Bruylant, 2018, p. 396.
9 Constitutional Act No. 2005-205 of 1 March 2005 on the Environmental Charter, NOR: JUSX0300069L.
10 CE, 12 juillet 2017, Association Les Amis de la Terre France, No. 394254.
11 The 14 cities that have submitted air quality roadmaps are in the following administrative monitoring zones: Fort-de-France, Grenoble, Lyon, Marseille-Aix, Montpellier, Nice, Paris, Reims, Saint-Étienne, Strasbourg, Toulon, Toulouse, Vallée de l'Arve and Vallée du Rhône.
12 For a map of roadmaps defining actions to improve air quality in the 14 areas particularly affected by air pollution, see: https://umap.openstreetmap.fr/fr/map/feuilles-de-route-qualite-
13 For the roadmap for air quality in the Ile-de-France region, see: https://www.ecologique-solidaire.gouv.fr/sites/default/files/IDF%20feuille%20de%20route.pdf.
14 Decree No. 2008-680 of 9 July 2008 on the organisation of the central administration of the Ministry of Ecology, Energy, Sustainable Development and Town and Country Planning, NOR: DEVK0815768D.
15 C. envir., Article L. 213-1.
16 Law No. 2016-1087 of 8 August 2016 on the Recovery of Biodiversity, Nature and Landscapes: Article 23.
17 C. Public health, Article L. 1311-6.
18 Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning REACH, establishing a European Chemicals Agency amending Directive 1999/45/EC and repealing Council Regulation (EEC) No. 793/93 and Commission Regulation (EC) No. 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, Articles 125 and 126: OJ L 396, 30 Dec; rect. No. L 36, 5 February 2009.
19 Order of 30 July 1996 establishing the Prevention and Precaution Committee, NOR: ENVG965050263A.
20 C. envir., Article L. 541-7-1.
21 CGCT, Article R. 2224-26.
22 Law No. 2014-366 of 24 March 2014 on Access to Housing and Renovated Urban Planning, NOR: ETLX131313501L.
23 C. envir., Article L. 556-1.
24 C. envir., Article L. 556-2.
25 C. envir., Article L. 556-3.
26 C. envir., Article L. 161-1, I, 1° issued from Act No. 2008-757 of 1 August 2008 on Environmental Liability and Various Provisions for Adapting to Community Law in the Field of the Environment, NOR: DEVX0700028L.
27 See point 8 of the Declaration.
28 Decree No. 2016-849 of 28 June 2016 on the Territorial Climate-Air-Energy Plan.
29 See our commented edition of the LexisNexis Environmental Code, 2018.