COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review 2019 Country Report - FRANCE Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Environmental Implementation Review 2019: A Europe that protects its citizens and enhances their quality of life - Main contents
Contents
| Document date | 02-08-2019 |
|---|---|
| Publication date | 04-08-2019 |
| Reference | 8302/19 ADD 11 REV 1 |
| From | Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director |
| External link | original article |
| Original document in PDF |  |
Council of the European Union
Brussels, 2 August 2019 (OR. en)
8302/19 ADD 11 REV 1
ENV 397 CLIMA 111 AGRI 201 PECHE 160 ECOFIN 380 COMPET 321
COVER NOTE
From: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director
date of receipt: 31 July 2019
To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union
No. Cion doc.: SWD(2019) 120 final/2
Subject: COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review 2019 Country Report - FRANCE
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
Environmental Implementation Review 2019: A Europe that protects its citizens and enhances their quality of life
Delegations will find attached document SWD(2019) 120 final/2.
Encl.: SWD(2019) 120 final/2
EUROPEAN COMMISSION
Brussels, 31.7.2019 SWD(2019) 120 final/2
CORRIGENDUM
This document corrects document SWD(2019) 120 final of 04.04.2019
Footnote 22 modified (there was a double)
The text shall read as follows:
COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review 2019
Country Report - FRANCE
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions
Environmental Implementation Review 2019:
A Europe that protects its citizens and enhances their quality of life
{COM(2019) 149 final i} - {SWD(2019) 111 final} - {SWD(2019) 112 final} - {SWD(2019) 113 final} - {SWD(2019) 114 final} - {SWD(2019) 115 final} - {SWD(2019) 116 final} - {SWD(2019) 117 final} - {SWD(2019) 118 final} - {SWD(2019) 119 final} - {SWD(2019) 121 final} - {SWD(2019) 122 final} - {SWD(2019) 123 final} - {SWD(2019) 124 final} - {SWD(2019) 125 final} - {SWD(2019) 126 final} - {SWD(2019) 127 final} - {SWD(2019) 128 final} - {SWD(2019) 129 final} - {SWD(2019) 130 final} - {SWD(2019) 131 final} - {SWD(2019) 132 final} - {SWD(2019) 133 final} - {SWD(2019) 134 final} - {SWD(2019) 135 final} - {SWD(2019) 136 final} - {SWD(2019) 137 final} - {SWD(2019) 138 final} - {SWD(2019) 139 final}
This report has been written by the staff of the Directorate-General for Environment, European Commission. Comments are welcome, please send them to ENV-EIR@ec.europa.eu
More information on the European Union is available at http://europa.eu .
Photographs: p. 6 — ©iStock/bluejayphoto; p. 12 — ©iStock/Andrew_Mayovskyy; p. 13 — ©iStock/porojnicu; p. 24 — ©iStock/iAlf; p. 31 — ©iStock/Seyesphotography
For reproduction or use of these photos, permission must be sought directly from the copyright holder.
©European Union, 2019
Reproduction is authorised provided the source is acknowledged.
Table of Contents
EXECUTIVE SUMMARY ................................................................................................................................... 3
PART I: THEMATIC AREAS .............................................................................................................................. 5
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1.TURNING THE EU A CIRCULAR, RESOURCE-EFFICIENT, GREEN AND COMPETITIVE LOW-CARBON ECONOMY ............................................................................................................................................. 5
Measures towards a circular economy ................................................................................................. 5
Waste management .............................................................................................................................. 8
Climate change .................................................................................................................................... 10
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2.PROTECTING, CONSERVING AND ENHANCING NATURAL CAPITAL .................................................. 12
Nature and biodiversity ....................................................................................................................... 12
Maintaining and restoring ecosystems and their services .................................................................. 14
Estimating natural capital ................................................................................................................... 14
Invasive alien species .......................................................................................................................... 15
Soil protection ..................................................................................................................................... 16
Marine protection ............................................................................................................................... 17
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3.ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE ........................................................................ 18
Air quality ............................................................................................................................................ 18
Industrial emissions ............................................................................................................................. 19
Noise ................................................................................................................................................. 20
Water quality and management ......................................................................................................... 20
Chemicals ............................................................................................................................................ 23
Making cities more sustainable ........................................................................................................... 23
PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS ................................................................... 27
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4.GREEN TAXATION, GREEN PUBLIC PROCUREMENT, ENVIRONMENTAL FUNDING AND INVESTMENTS ..................................................................................................................................... 27
Green taxation and environmentally harmful subsidies ..................................................................... 27
Green public procurement .................................................................................................................. 28
Environmental funding and investments ............................................................................................ 29
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5.STRENGTHENING ENVIRONMENTAL GOVERNANCE ......................................................................... 34
Information, public participation and access to justice ...................................................................... 34
Compliance assurance ......................................................................................................................... 35
Effectiveness of environmental administrations ................................................................................ 36
International agreements ................................................................................................................... 38
Sustainable development and the implementation of the UN SDGs .................................................. 39
Environmental Implementation Review 2019 – France
Executive summary
France and the Environmental Implementation Review now non-compliant with the Directive), and the (EIR) identification and mapping of areas at risk of flooding.
The 2017 EIR identified the following main challenges as Nitrate pollution remains a concern, despite the efforts regards the implementation of EU environmental policy made by the French government.
and law in France: Nature conservation has seen some progress, with the
• improving air quality by taking forward-looking, designation of special conservation areas and the rapid and effective action to reach EU-based air definition of management plans. However, there is pollution limit values; considerable room for improvement. The following • taking the necessary measures to improve water concerns remain:
quality, particularly reducing nitrate pollution; • implementing conservation measures effectively,
• effectively protecting biodiversity by enforcing the with appropriate funding,
applicable law to ensure the protection of habitats • better integrating nature protection into other
and species. policies, especially farming and fisheries,
•
Since the 2017 EIR, France has not yet held an EIR hunting.
national dialogue to tackle the above challenges but France remains efficient in deploying EU funds and held discussions with the Commission on nature or developing innovative approaches to integrating access to justice. environmental considerations into certain sectors so as
In 2017 the Commission launched the TAIEX-EIR Peerto reduce their impact on the environment. The country to-Peer (EIR P2P), a practical new tool designed to is very active in areas including the transition to a facilitate peer-to-peer learning between environmental circular economy, green public procurement and authorities. France has taken part in peer-to-peer improving environmental protection in cities.
information sharing on the circular economy, air, nature Examples of good practice
and biodiversity and forests. • The ambitious roadmap for the circular economy
Progress with tackling challenges since the 2017 report adopted in April 2018 sets out some of the steps
The 2019 EIR shows that air quality in France continues that need to be taken to progress towards an to give serious cause for concern, with an estimated economy based on sustainable design, reuse, repair 34 880 premature deaths attributable to fine particulate and recycling. The roadmap is designed to cut matter concentrations and 9 330 to nitrogen dioxide resource use and consumption by 30 % by 2030, concentrations. Although emissions of several air halve the amount of non-hazardous waste pollutants and fine particulate matter have been landfilled by 2025, introduce an ambitious target of reduced, limit values continue to be exceeded. 100 % plastics recycling by 2025 and create 300 000 Additional efforts are needed to reach the targets set by new jobs.
the new National Emissions Ceilings Directive for 2020- • France now has an ambitious biodiversity plan
2029. which makes nature protection and preventing the loss of biodiversity central to government priorities,
France has identified air quality as a major challenge on the same footing as combating climate change. and adopted an ambitious agenda of planning measures The plan is designed to develop biodiversity at to reduce emissions, technical improvements, and tax regional level, promote economic activities with incentives to tackle air pollution at all levels. A legal low impacts on biodiversity, protect and preserve framework to improve air quality is in place. However, it nature, and develop an ambitious international will take time for the measures it covers to produce road map for biodiversity.
tangible results. Further measures are needed to • The single environmental permit represents a
accelerate reductions in emissions of nitrogen oxide major simplification. The procedures and decisions (NOx), nitrogen dioxide (NO2) and concentrations of required for the authorisation of industrial projects fine particulate matter, transport emissions being a and projects covered by the Water Act were particular concern. merged in April 2017. The single environmental
There has been progress on water quality, notably as permit has simplified and streamlined procedures regards bathing water, the collection and treatment of without lessening environmental protection. It will urban waste water (although 112 agglomerations are also improve legal certainty for the project
promoter. Whereas before the reform a project
Environmental Implementation Review 2019 – France
could require several environmental permits, it now needs just one application , one contact person and one environmental permit. The reform should help save time and tighten deadlines while protecting the fundamental interests covered by the applicable legislation.
Environmental Implementation Review 2019 – France
Part I: Thematic areas
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1.Turning the EU a circular, resource-efficient, green and competitive
low-carbon economy
Measures towards a circular economy including some designed to promote innovation in general rather than solely eco-innovation.
The Circular Economy Action Plan emphasises the need As regards resource productivity 4 (how efficiently the to move towards a life-cycle-driven ‘circular’ economy, economy uses material resources to produce wealth), reusing resources as much as possible and bringing France is performing well, with EUR 2.87/kg (the EU residual waste close to zero. This can be facilitated by average is 2.04) in 2017 5 . Figure 1 shows that France’s developing and providing access to innovative financial resource productivity rose steadily between 2010 and instruments and funding for eco-innovation. 2016. Despite the 2017 dip, France’s resource
productivity was the EU’s fifth highest in that year.
Following the adoption of the Circular Economy Action
Plan in 2015 and the setting up of a related stakeholder Figure 1: Resource productivity, 2010-2017 6 .
platform in 2017, the European Commission adopted a new package of deliverables in January 2018 1 . This included additional initiatives such as: (i) an EU strategy for plastics; (ii) a Communication on how to address the interplay between chemical, product and waste legislation; (iii) a report on critical raw materials; and (iv) a framework to monitor progress towards a circular economy 2 .
Among these key indicators, the circular (secondary) use of material in France was 19.5 % in 2016, the highest
Europe’s figure (the EU-28 average was 11.7 %).
However, France employs fewer people in the circular economy than the EU-28 average (1.52 % of total employment in 2016, compared with the EU-28 average
of 1.73 %). The index has a consistent difference between Regional authorities also support eco-innovation and the years 2014 and 2015, with a swift decrease from the circular economy.
2014 measurement at 1.78 %. In April 2018, France published the first circular economy
The 2017 special Eurobarometer on EU citizens’ attitudes roadmap, designed to create up to 300 000 new jobs. It towards the environment suggests that 88 % of French touches upon several areas that are central to achieving a citizens are concerned about the environmental impact more circular economy, including waste management, of plastic products (the EU-28 average is 87 %). 93 % are eco-design of products, consumption, financing, and worried about the impact of chemicals (EU-28 average increased stakeholder involvement.
90 %) 3 . The roadmap is designed to cut resource use and
France has strongly supported the development of ecoconsumption as a proportion of GDP by 30 % by 2030 industries, eco-innovation and the circular economy in (compared to 2010), halve the amount of non-hazardous recent decades. It has done this through policy initiatives waste landfilled by 2025 (compared to 2010) and recycle and programmes to support eco-innovation and R&D 100 % of plastics by 2025, an ambitious goal. Extended programmes, including the circular economy. These producer responsibility (EPR) schemes will be introduced policy measures complement existing support schemes, and producers will be required to inform consumers
1 European Commission, 2018 Circular Economy Package . 4 Resource productivity is defined as the ratio of gross domestic product 2 COM(2018) 029 . (GDP) to domestic material consumption (DMC). 3 European Commission, 2017, Special 486 Eurobarometer , ‘Attitudes of 5 Eurostat, Resource productivity .
Environmental Implementation Review 2019 – France
about products’ lifespan, repairability in terms of a SMEs and resource efficiency
specific new index. Small and medium-sized companies (SMEs) in France
continue to score in line with the EU-28 average as regards the environmental aspects of the Small Business
Act, as shown in Figure 2.
France has more companies that have taken resource efficiency measures than other countries, but only a few are developing a distinctly green profile and generating more than half their turnover from green products and
services.
Figure 2: Environmental performance of SMEs 11
In 2017, France adopted a series of 10 indicators that cover the lifecycle of the products. In March 2018,
France’s Ministry for Solidarity and Ecology Transition set up the Green Transition Accelerator (AcTE), a think tank that brings together companies, training centres and representatives of employers’ organisations and trade unions. AcTE aims to promote green growth, support innovation, make the circular economy a reality and ensure climate plans are implemented.
Policies and action supporting the transition to a circular economy transition are becoming increasingly popular in the regions, complementing government action.
Following the 2015 reorganisation of France’s regions 7 ,
14 of the 18 regions have made support for the circular economy one of the priorities of their innovation strategies 8 .
The numbers of EU ecolabel products and EMAS-licensed organisations in a given country indicate whether the private sector and national stakeholders support the shift towards a circular economy and whether public authorities are committed to supporting measures to promote such an economy. By September 2018, France The latest Eurobarometer on ‘SMEs, resource efficiency
had 518 licences covering 4 971 products registered in and green markets’ 12 asked companies about recent
the EU ecolabel scheme out of the EU total of 2 167 resource efficiency measures and those planned for the licences covering 71 707 products, the third highest next 2 years and compared responses with the situation
figure after Spain and Italy 9 . However, only 34 French in 2015. Only 6 % of French companies have taken no organisations were registered in EMAS (the European resource efficiency measure in the 2 years before the Commission’s eco-management and audit scheme) by survey. 83 % of companies are taking action to minimise May 2018 10 . waste, while 60-71 % are saving materials, water and
energy. 33 % of French companies are taking action to design products that are easier to maintain and repair (one of the EU’s highest scores). However, only 6 % of
7 Reorganisation of France’s administrative regions (Nouvelle 11 European Commission, 2018 SBA fact sheet - France , p. 15.
Organisation Territoriale de la REpublique, NOTRe). 12 Flash Eurobarometer 456 ‘SMEs, resource efficiency and green
8 Schéma Régional de Développement Economique d’Innovation et markets’, January 2018. The 8 dimensions were: save energy; minimise d’Internationalisation (SRDEII). waste; save materials; save water; recycle by reusing material 9 European Commission, Ecolabel Facts and Figures . internally; design products that are easier to maintain, repair or reuse; 10 European Commission, Eco-Management and Audit Scheme. use renewable energy; sell scrap materials to another company.
Environmental Implementation Review 2019 – France
firms have invested in the use of renewables. Companies’ It has a strong track record in environmental regulation future ambitions for action are rising further from an and support schemes targeting both public and private already high level, with the exception of design, organisations (including individuals).
renewable energy use and internal recycling. France has made the industries of the future
24 % of French companies (compared to 22 % in EU-28, (digitalisation, IoT, robotics, 3D-printing, energy range 3 %-38 %) relied on external support in their efforts efficiency, etc.) a national priority through the national to be more resource-efficient. 44 % of French businesses industrial policy (Nouvelle France Industrielle — NFI). It mention grants and subsidies as useful help; other forms sets priorities for both public and private organisations, of support are also considered useful. seeking to focus public and private funding on supporting
A programme aiming at helping SMEs to save costs the emergence of a set of innovative solutions within the through resource efficiency strategies (« TPE & PME next 5 years. It includes a specific focus on ecogagnantes
sur tous les coups ») is on-going. innovation and the circular economy, including the use of new resources, sustainable cities and green industries.
A real momentum for actions on resource efficiency
exists in the French business community and pre Figure 4: France’s eco-innovation performance
conditions to create impact from this momentum are excellent.
Eco-innovation
In 2018, France ranked 11th on the 2018 European
Innovation Scoreboard, being the sixth fastest-growing
innovator (an increase of 10.1 % since 2010) 13 . However,
its performance is less outstanding in eco-innovation, in which it is ranked 12th among EU countries, according to
the 2017 eco-innovation index (Figure 3). France also funds eco-innovation and circular economy
Figure 3: 2017 Eco-innovation index (EU=100) 14 companies and solutions through research and innovation programmes, infrastructure and institutions such as the Environment and Energy Management Agency (ADEME, Agence de l’Environnement et de la Maîtrise de l’Energie).
Despite these positive aspects, legislative and financial barriers prevent many companies from investing in ecoinnovation. It appears to be hard to change individual behaviour and social acceptance of sustainable consumption patterns. Banks are still reluctant to fund
breakthrough innovations.
As stated above, many local authorities are also involved in supporting eco-innovation and the circular economy. In 2016, 10 of the 15 major cities made a deal with the government to support innovation in energy and environmental transition on the one hand, or smart cities
and transport on the other 15 .
Despite favourable legislation supporting eco-innovation and entrepreneurship since 2003, France remains close to the European average.
13 European Commission, European innovation Scoreboard 2018 . 15 European Commission, Eco-Innovation Observatory: Eco-innovation 14 Eco-innovation Observatory : 2017 eco-innovation scoreboard. Country Profiles 2016-2017.
Environmental Implementation Review 2019 – France
Waste management recovery have remained constant in absolute terms (which means they have increased as percentages).
Turning waste into a resource is supported by: Figure 6 shows that recycling of municipal waste has risen (i) fully implementing EU waste legislation, which steadily since 2010, reaching 43 % by 2017.
includes the waste hierarchy, the need to ensure
separate collection of waste, the landfill diversion This progress in recent years puts France’s performance targets, etc.; close to the EU average. With a recycling rate of 43 % in (ii) reducing waste generation and waste generation per 2017 and an improvement of 13 % since 2012 20 , France is capita in absolute terms; and not considered to be at risk of missing the European (iii) limiting energy recovery to non-recyclable materials target of recycling half of all municipal waste (according and phasing out landfilling of recyclable or recoverable to Eurostat, the European Commission’s statistics office,
waste. methodology) 21 . However, more efforts will be needed to
meet recycling targets after 2020 22 . France relies on
This section focuses on the management of municipal incineration, with 35 % of waste being subjected to waste for which EU law sets mandatory recycling energy recovery treatment. Similarly, landfill still targets 16 . accounts for 21 % of all municipal waste, a figure close to
the EU average of around 24 % (2017).
Municipal waste generation 17 in France has fallen slightly
in recent years to 513 kg/inhabitant in 2017. This still Figure 6: Recycling rate of municipal waste, 2010-2017 23
puts France 5.5 % above the EU average of
487 kg/inhabitant 18 .
Figure 5: Municipal waste by treatment in France, 2010-
2017 19
Despite a number of innovative and far-reaching policies (such as those on EPR) there is still a need for other
policies to drive the progress.
Figure 5 shows municipal waste by treatment in terms of
kilos per person. It reveals that France is gradually A 2016 report by the French Court of Auditors noted that reducing waste disposal and moving towards methods of separate collection is plateauing in France. It
treatment that are higher up in the waste hierarchy
20
(recycling, composting). Only incineration and energy Commissariat Général au Developpement Durable: ‘Indicateurs nationaux de la transition écologique vers un développement durable
2015-2020: premier état des lieux, Etudes et documents No 142, mars 2016, p. 17. 21 Member States may choose a method other than the one used by
16 See Article 11.2 of Directive 2008/98/EC . This Directive was amended ESTAT (referred to in this report) to calculate their recycling rates and in 2018 by Directive (EU) 2018/851 , and more ambitious recycling track compliance with the 2020 target of 50 % recycling of municipal targets were introduced for the period up to 2035. waste.
17 Municipal waste is waste collected by or on behalf of municipal 22 Directive (EU) 2018/851 , Directive (EU) 2018/852 , Directive (EU) authorities, or directly by the private sector (business or private non 2018/850 and Directive (EU) 2018/849 amend the previous waste profit institutions), not on behalf of municipalities. legislation and set more ambitious recycling targets for the period up to 18 Eurostat, Municipal waste and treatment, by type of treatment 2035. These targets will be taken into consideration to assess progress method. with future environmental implementation Reports. 19 European Commission, Municipal waste by waste operations . 23 European Commission, Recycling rate of municipal waste .
Environmental Implementation Review 2019 – France
recommends that both waste producers and the media campaign on the benefits of recycling was authorities take steps to boost separate collection. This launched on 15 October 2018. The project is co-financed means that separation and treatment plants will need to by 13 extended producer responsibility schemes, ADEME be rationalised and modernised, enabling more to be and the Ministry for Ecological Transition. done with fewer plants 24 . This issue is particularly acute
in the outermost regions. France also adopted a decree stating that landfill capacities should be reduced by 30 % of their 2010 levels
In August 2015 France adopted the Energy Transition for by 2020, and that they should be halved by 2025. Green Growth Act, which establishes a waste prevention Incineration is to be reduced by a quarter by 2020 and target to cut household waste production by 10 % of halved by 2025 26 .
2010 levels by 2020. It features a number of measures
designed to build momentum towards this target — The decree also stipulates that waste management plans including a definition of the legal concept of ‘planned must identify shared facilities for collecting and treating obsolescence’, which becomes a crime; promotion of bio-waste from households, businesses and farms.
deposit and return schemes; the obligation for food Although France has taken various measures under the retailers to donate unsold goods to charity so as to Energy Transition Act to dispense with illegal dump sites reduce food waste; and a ‘resource use hierarchy’ (by establishing a network for collecting construction inspired by the waste hierarchy, to encourage the sector waste that imposes significant obligations on prevention of waste. building product distributors), the country still has illegal
The Act also promotes recycling, establishing waste dumps. As regards enforcement, inspections and legal recovery targets for 2020-2025 (55 % and 65 % proceedings have improved the traceability of respectively of all non-hazardous non-inert waste), and construction waste.
extends separate collection to all organic waste before It is becoming urgent to review and adopt regional waste 2025. In view of action to promote separate collection, it management plans in the context of the regional also states that mechanical biological treatment (MBT) of administration reform, as required by the Waste waste is no longer relevant and excludes any new public Framework Directive. This should preferably take account financing for MBT installations. of the revised Waste Framework Directive, including its
Following up these considerations, in March 2017 ADEME more ambitious post-2020 recycling and landfill targets.
published a guidance document 25 detailing its views on The national focus on EPR schemes to promote recycling the future of installations to treat residual municipal in particular sectors continues. For instance, there is now waste. The document says existing plants should be an EPR scheme for leisure boats. converted to sorting separately collected waste, while
pre-treatment installations for biodegradable waste 2019 priority actions
should complement rather than replace separate • Improve and extend separate collection of waste.
collection. On the other hand, for incineration, treatment Establish minimum service standards for separate capacities should not increase and their energy efficiency collection (e.g. frequency of collection, types of should improve, partly though phasing out installations containers, etc.) in municipalities, to ensure high without energy recovery by 2025. recyclable waste capture rates. Use economic
In addition, France has recently adopted a decree stating instruments, such as pay-as-you-throw.
that firms must separate materials into paper, glass, • Urgently update and adopt regional waste
plastic, metal and wood. The separate collection of biomanagement plans; possibly, take into account the waste has been mandatory for big producers since 2012 requirements of the revised Waste Framework and the Green Growth Act has extended it to all Directive.
companies.
The separate collection of household packaging waste is extended progressively to cover every type of packaging waste to be put in a yellow bin, with the exception of glass collected separately. By 2022, all households will be covered by these new rules. A 3,6M€ national mass
24 Les éco-organismes: un dispositif original à consolider (2016), a report by the French Court of Auditors.
25 ADEME, Quel avenir pour le traitement des ordures ménagères 26 Décret n° 2016-811 du 17 juin 2016 relatif au plan régional de residuelles?, March 2017. prévention et de gestion des déchets .
Environmental Implementation Review 2019 – France
national target under the EU Effort Sharing Decision is to
Climate change reduce emissions by 14 % compared to 2005. For 2030,
France's national target under the Effort Sharing
The EU has committed to undertaking ambitious climate Regulation will be to reduce emissions by 37 % compared action internationally as well as in the EU, having ratified to 2005.
the Paris Climate Agreement on 5 October 2016. The EU
targets are to reduce greenhouse gas (GHG) emissions by The Act on Energy Transition for Green Growth (loi 20 % by 2020 and by at least 40 % by 2030, compared to relative à la transition énergétique pour la croissance 1990. As a long-term target, the EU aims to reduce its verte) is in force and forms the legal basis for the Low emissions by 80-95 % by 2050, as part of the efforts Carbon Strategy and the Multiannual Energy Programme. required by developed countries as a group. Adapting to In November 2018, the draft Multi-annual Energy Plan for the adverse effects of climate change is vital to alleviate 2024-2028 (2nd PPE) was adopted. It sets the main its already visible effects and improve preparedness for trajectory for investments in the field of energy involving and resilience to future impacts. public intervention in this period. France has developed a
robust and well elaborated low carbon strategy, where
The EU emissions trading system (EU ETS) covers all large the key element are carbon budgets covering all sectors. greenhouse gas emitters in the industry, power and Sectoral GHG reduction targets are defined, as well as aviation sectors in the EU. The EU ETS applies in all sectoral policies. The Climate Plan, adopted in July 2017, Member States and has a very high compliance rate. Each sets carbon neutrality as the long term objective, to be year, installations cover around 99 % of their emissions met by 2050.
with the required number of allowances. Figure 8: Targets and emissions for France under the
Figure 7: Change in total greenhouse gas emissions Effort Sharing Decision and Effort Sharing Regulation 28 .
1990-2017 (1990=100%) 27 .
Transport represents almost a quarter of the EU’s GHG emissions and is the main cause of air pollution in cities.
For emissions not covered by the EU ETS, Member States Transport emissions in France increased by 1 % from have binding national targets under the Effort Sharing 2013 to 2016.
legislation. France had lower emissions than its annual The F-gas Regulation requires Member States to run emission allocations (AEAs) in each of the years 2013- training and certification programmes and rules for 2016. According to preliminary data, emissions were penalties and notify these measures to the Commission slightly lower than the AEA in 2017. For 2020, France's by 2017. France has notified both measures.
27 Annual European Union greenhouse gas inventory 1990–2016 ( EEA greenhouse gas data viewer ). Proxy GHG emission estimates for
2017Approximated EU greenhouse gas inventory 2017 (European 28 Proxy GHG emission estimates for 2017Approximated EU greenhouse Environment Agency). Member States national projections, reviewed by gas inventory 2017 (European Environment Agency). Member States the European Environment Agency. national projections, reviewed by the European Environment Agency.
Environmental Implementation Review 2019 – France
Figure 9: Greenhouse gas emissions by sector (Mt. CO2- summarizing findings from a comprehensive national eq.). Historical data 1990-2016. Projections 2017-2030 29 . consultation process was published in early 2018.
The total revenues from the auctioning of emission allowances under the EU ETS over the years 2013-2017 were EUR 1 295 million. 100 % of the auctioning revenues have been spent on climate and energy purposes All auctioning revenues are earmarked for climate action, more
specifically to building insolation.
2019 priority action
In this report, no priority actions have been included on climate action, as the Commission will first need to assess the draft national energy and climate plans which the Member States needed to send by end of 2018. These plans should increase the consistency between energy and climate policies and could therefore become a good example of how to link sector-specific policies on other
The accounting of GHG emissions and removals from interlinked themes such as agriculture-nature-water and forests and agriculture is governed by the Kyoto Protocol. transport-air-health.
A preliminary accounting exercise for 2013-2016 shows net credits of, on average, -7.3 Mt CO 2 -eq, which corresponds to 6.4% of the EU-28 accounted sink of -
115.7 Mt CO 2 -eq.
The EU Strategy on adaptation to climate change, adopted in 2013, aims to make Europe more climateresilient, by promoting action by Member States, betterinformed decision making, and promoting adaptation in key vulnerable sectors. By adopting a coherent approach and providing for improved coordination, it seeks to enhance the preparedness and capacity of all governance levels to respond to the impacts of climate change.
In France, the National Adaptation Strategy was adopted in 2006 and the National Adaptation Plan (PNACC) in
2011, covering 20 thematic areas: cross-cutting actions, health, water, biodiversity, natural hazards, agriculture, forests, fisheries and aquaculture, energy and industry, transport infrastructures, urban planning and the built environment, tourism, information, education and training, research, funding and insurance, coastlines, mountains, European and international actions, and governance. The integration of adaptation into sectorial policies is part of the NAP's specific actions and measures, the monitoring scheme looks at a qualitative assessment of the status of implementation of the 230 measures in the different sectors. In 2015 the final evaluation of the NAP concluded that around 80% of the actions and 75 % of the measures in the NAP have been achieved. The Plan Climat presented in July 2017 announced a revision of the NAP (2e PNACC) and a report
29 Annual European Union greenhouse gas inventory 1990–2016 ( EEA greenhouse gas data viewer ). Proxy GHG emission estimates for
2017Approximated EU greenhouse gas inventory 2017 (European
Environment Agency). Member States national projections, reviewed by the European Environment Agency.
Environmental Implementation Review 2019 – France
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2.Protecting, conserving and enhancing natural capital
Nature and biodiversity Setting up a coherent network of Natura 2000 sites
The EU biodiversity strategy aims to halt the loss of On the basis of this latest assessment, the terrestrial biodiversity in the EU by 2020. It requires full Natura 2000 network in France is now considered to be implementation of the Birds and Habitats Directives to close to full completion. The marine network was subject achieve favourable conservation status of protected to an ambitious wave of designation undertaken in species and habitats. It also requires that the agricultural December 2017 beyond the territorial sea (the marine and forest sectors help to maintain and improve metropolitan surface covered by Natura 2000 increased biodiversity. from 41 683 km² to 123 540 km² ).
Biodiversity strategy France has 1773 Natura 2000 sites, of which 1374 fall under the Habitats Directive and 399 under the Birds
The national strategy for biodiversity is France’s Directive. By May 2018, 12.9 % of France’s land area was commitment under the Convention on Biological covered by Natura 2000 (EU average: 18.2 %), with Birds Diversity. The 2011-2020 strategy is designed to boost Directive special protection areas covering about 8 % (EU the commitment of those involved in all sectors of average: 12.4%) and Habitats Directive sites of activity, at all regional levels, both in mainland France Community importance covering about 9% (EU average: and overseas. It comprises 20 objectives designed to 13.9 %).
preserve, improve, promote and restore biodiversity, and to ensure sustainable and fair use of natural resources. Designating Natura 2000 sites and setting conservation
objectives and measures
France has made substantial progress since the 2017 EIR.
As regards SCI designation, France has expanded its marine area by 173%. As regards the designation of special areas of conservation, only four sites of Community interest remain to be designated, while there
are management plans in place for 91 % of sites.
Although a range of species and habitats have stabilised their overall conservation status – some have even improved it — many are still declining and endangered. Coastal habitats, wetlands, water-related ecosystems and agriculture-related habitats are the main ecosystems
under threat. The key threats to biodiversity are:
• habitat loss and degradation (especially as a result of
The French legislative and regulatory framework for the urban sprawl, increasingly intensive farming, land
protection of biodiversity encompasses the Natura 2000 abandonment, and intensively managed forests), • pollution,
network at European level and various national laws, •
ranging from the Law on nature protection, adopted in over-exploitation (especially fisheries), •
1976, to the Law on regaining biodiversity, nature and invasive alien species, and landscape, adopted in 2016. France’s recognition that • climate change.
these provisions cannot prevent national biodiversity The lack of integration between nature policy and other from declining rapidly (as shown by several recent policy areas, especially in the farming sector, but also, studies) led to the adoption of a new biodiversity plan in though to a lesser extent, in urbanisation, transport, July 2018. This should speed up the implementation of energy and forestry, makes tackling the issue hard, priority measures to achieve the objectives set by the particularly in a context of global warming and the spread national strategy for biodiversity, ongoing until 2020. of invasive alien species.
Beyond its legal obligations under the nature directives, France has launched a range of initiatives in line with the EU nature and biodiversity agenda. These include ‘Trame
Environmental Implementation Review 2019 – France
verte et bleue’ (‘green and blue trail’), ‘séquence ‘éviter, • a decree to protect natural habitats that goes
réduire, compenser’ ‘ (a kind of “No Net Loss exercise”), beyond existing laws on species protection and and ‘Grands Prix Natura 2000’. For Natura 2000, it has Natura 2000,
also established a variety of tools and material designed • reintroducing two bears into the Pyrenees-Atlantic to streamline the approach on the national territory. region,
These include: • introducing multi-species NAPs for the most
• sector-by-sector assessment, endangered species by 2020,
• methodologies for mapping habitats and species at • a NAP to protect whales, introduced in 2018, site level, • action to rationalise the management of hunted
• a national guidance document setting out the Natura species in accordance with their conservation status, 2000 management plans, and
• special Natura 2000 training sessions, and • action to better integrate biodiversity into forest
• day-long meetings for the sharing of technical management documents.
information (a national equivalent to the Natura Past experience shows - through complaints and 2000 biogeographical process). infringements - that the conservation status of some protected species of birds has been jeopardised by hunting. The following aspects need monitoring and/or
further action:
• the continuation of traditional hunting practices
using snares, nets, traps or lime;
• illegal hunting; • specifying a limited hunting period for species
protected under the Birds Directive;
• the hunting of species in decline.
Increasingly intensive farming significantly harms a range of habitats and species, as shown by the infringement case concerning hamsters, an umbrella species for which France needs to continue its restoration efforts. Recently
As regards Natura 2000, the main challenges facing the Ministry of Agriculture has launched an agro-ecology France are how to: project at both national and regional level, which brings
• implement conservation measures effectively, with new opportunities. The biodiversity plan includes: appropriate financing from both national and EU • a target of 15 % of the farming area under organic
funds;
• integrate nature conservation policy better with farming by 2022, • reducing pesticide use during the transition period,
other policy areas, especially farming and fisheries. including phasing out all uses of glyphosate within 5
The reorganisation of the French regions gives a years, and
leading role to the implementation of biodiversity • more effective protection for pollinators (a ban on
protection and new responsibilities in managing EU active substances similar to neonicotinoids).
regional funds; The rich and unique fauna and flora of France’s
A second challenge is to finalise the evaluation of the Outermost regions (ORs) and Overseas countries and
nature conservation model to measure to what extent it
contributed to the Natura 2000 results, especially at site territories (OCTs) are not covered by Natura 2000. But the ORs have large protected areas for marine and
level and to create a tool to link nature conservation terrestrial ecosystems. Moreover, most of these regions trends and the measures implemented . have scientific institutes focused on biodiversity. The
One of the key aspects of the recently adopted European Parliament has adopted pilot projects on biodiversity plan is protecting and restoring the natural inventories of species and habitats and on mapping and environment. The following measures should boost the assessing ecosystem services. These cover all the ORs and enforcement of EU law on the natural environment: OCTs. The BEST initiative 30 promotes the conservation of
• establishing or extending 20 protected areas, biodiversity and the sustainable use of ecosystem
• establishing a new national park between the regions
of Champagne-Ardenne and Burgundy, 30 European Commission, Voluntary Scheme for Biodiversity and
Ecosystem services in Territories of European Overseas .
Environmental Implementation Review 2019 – France
services in the ORs and the OCTs through small projects Biodiversity Law called on French regions to develop designed to unlock local potential. France contributes to regional governance on biodiversity, including measures a large extent to the Best initiative including on financial for the ‘green and blue trail’. Water management policy aspects. under the Grenelle II law also includes green
infrastructure aspects: restoration zones (adaptation of Progress in maintaining or restoring favourable infrastructure, restoration of wetlands and natural conservation status of species and habitats connectivity of rivers) and sustainable land use (purchase
The 2017 EIR referred to the latest report on the of wetlands to ensure sustainable management).
conservation status of habitats and species; new data will The policy of green infrastructure is also implemented be available for the next EIR. through several (LIFE) projects. Regional nature
Improvements in the status of species and habitats have parks (parcs naturels régionaux, PNR) have been recently been reported in France. However, hot spots established throughout France to protect rural areas with remain. More than 50% of bogs, grasslands, dunes and valuable landscapes, natural areas and cultural heritage. coastal habitats, and over half of molluscs and fish Brest is a participant in the Horizon 2020 project ‘Green species have an unfavourable (i.e. bad) status. Short-term Cities for Climate and Water Resilience, Sustainable breeding trends remain negative for a quarter of bird Economic Growth, Healthy Citizens and Environments’ species. (GrowGreen)
34 . This project is designed to improve climate and water resilience and social, environmental
2019 priority actions and economic performance in cities by deploying nature•
Assess the degree of implementation of the Natura based solutions to problems. Similarly, Cannes is a 2000 management plans and the effectiveness of the participant in another Horizon 2020 project, ‘Urban Natura 2000 measures in helping restore or maintain Nature Labs’ (UNaLab)
35 , designed to make cities more
habitats and species in Natura 2000 sites, thereby resilient to climate change and water-related challenges. ensuring favourable conservation status. The approach relies on ecological water management in
• Continue to support a sustainable partnership for urban areas, accompanied by greening measures and innovative and inclusive urban design.
biodiversity protection, sustainable development and climate change adaptation and mitigation
measures in the ORs and the OCTs. Estimating natural capital
• Protect habitats and species affected by or The EU biodiversity strategy calls on Member States to
dependent on agricultural management. map and assess the state of ecosystems and their services 36 in their national territories by 2014, assess the
Maintaining and restoring ecosystems and economic value of such services and integrate these
their services values into accounting and reporting systems at EU and national level by 2020.
The EU biodiversity strategy aims to maintain and restore
ecosystems and their services by including green France is continuing its national ecosystem assessment infrastructure in spatial planning and restoring at least project EFESE (Évaluation Française des Écosystèmes et 15 % of degraded ecosystems by 2020. The EU green des Services Écosystémiques). A report summarising the infrastructure strategy promotes the incorporation of assessment is expected in 2019.
green infrastructure into related plans and programmes. Since January 2016, France has made limited progress
The EU has provided guidance on the further deployment with implementing Mapping and Assessment of of green and blue infrastructure in France 31 and a country Ecosystems and their Services MAES
37 (Figure 10), mainly
page on the Biodiversity Information System for Europe because the country is already one of the best (BISE) 32 . This information will also contribute to the final performers in the EU.
evaluation of the EU Biodiversity Strategy to 2020.
In France, green infrastructure is implemented in spatial
planning through the ‘green and blue trail’ 33 . The 2016
31 European Commission, The recommendations of the green 34 EU project, Growgreen . infrastructure strategy review report and the EU Guidance on a 35 Horizon 2020 project, ‘Urban Nature Labs’. strategic framework for further supporting the deployment of EU-level 36 Ecosystem services are benefits provided by nature such as food, green and blue infrastructure . clean water and pollination on which human society depends.
32 Biodiversity Information System for Europe. 37 The ESMERALDA project is based on 27 implementation questions and 33 The French Agency for Biodiversity. updated every six months.
Environmental Implementation Review 2019 – France
Figure 10: Implementation of MAES (September 2018) are now spreading into other EU countries: eastern baccharis (Baccharis halimifolia) and Asian hornet (Vespa velutina). At the same time, the country is under high invasion pressure of raccoons (Procyon lotor) from Germany.
Figure 11: Number of IAS of EU concern, based on
available georeferenced information for France 42
Business and biodiversity platforms, networks and communities of practice play a key role in promoting and facilitating natural capital assessments (NCAs) among businesses and financial service providers. An example is
the Natural Capital Coalition’s Natural Capital Protocol 38 .
NCAs help private businesses understand and value both their impact and the degree of their dependency on nature, thereby contributing to the EU biodiversity strategy. Platforms of this nature have been set up at EU level 39 and in a number of EU countries, though not all.
France has some good examples.
‘Entreprises pour l’environnement’ (EpE) 40 brings together 40 large international and French companies from different sectors which are seeking to integrate environmental considerations into their corporate
strategies. The ‘Plateforme Entreprises et Biodiversité‘ Between the entry into force of the EU list and (Orée) 41 brings together public and private stakeholders 18 May 2018, France submitted one early detection in Paris to share best environmental practices and key notification for the muntjac deer (Muntiacus reevesi), as information on biodiversity protection. required under Article 16(2) of the Invasive Alien Species
(IAS) Regulation. Eradication measures have been
Invasive alien species established, and hunters have been informed.
Under the EU biodiversity strategy, the following are to The baseline distribution suggests that Pallas’ squirrel be achieved by 2020: (Callosciurus erythraeus) is still at an early stage of (i) invasive alien species identified; invasion. France is one of the few EU countries with a (ii) priority species controlled or eradicated; and local population of this species. It has thus been advised (iii) pathways managed to prevent new invasive species to attempt to eradicate the species. from disrupting European biodiversity.
This is supported by the Invasive Alien Species (IAS) France has notified the Commission of the French
Regulation which entered into force on 1 January 2015. authorities responsible for implementing the IAS Regulation, as required by Article 24(2) of the IAS
The report on the baseline distribution (Figure 11), for Regulation.
which France reviewed its country and grid-level data, It has communicated to the Commission the national shows that 25 of the 37 species on the first EU list have legal provisions on penalties for infringements, as already been observed in the environment in France; 24 required by Article 30(4) of the IAS Regulation, and has of these are established. The aquatic environment is thus fulfilled its notification obligations. particularly strongly affected, with 16 established species.
The data show how two invasions which started in France France has not, however, notified any lists of invasive alien species of concern to Martinique, Mayotte,
Guadeloupe, French Guiana, Réunion and Saint Martin,
38 Natural Capital Coalition, Natural Capital Protocol. as required under Article 6(4) of the IAS Regulation.
39 Business and Biodiversity, The European Business and Biodiversity
Campaign aims to promote the business case for biodiversity in the EU
Member States through workshops, seminars and a cross-media 42 Tsiamis K; Gervasini E; Deriu I; D`amico F; Nunes A; Addamo A; De communication strategy. Jesus Cardoso A. Baseline Distribution of Invasive Alien Species of Union 40 France, Entreprises pour l’environnement (EpE). concern. Ispra (Italy): Publications Office of the European Union ; 2017, 41 France, Platforme Entreprises et Biodiversité (Orée). EUR 28596 EN, doi:10.2760/772692.
Environmental Implementation Review 2019 – France
2019 priority action The percentage of artificial land cover 44 in France (Figure
• Notify the Commission of lists of invasive alien 12) can be seen as a measure of the relative pressure on nature and biodiversity and of the environmental
species of concern to Martinique, Mayotte,
Guadeloupe, French Guiana, Réunion and Saint pressure on people living in urbanised areas. A similar measure is population density. When both are high, we
Martin. would expect it to be challenging to protect natural
capital and ensure people’s well-being. This means that
Soil protection implementing EU policy and law in this area is a priority.
The EU soil thematic strategy underlines the need to At 5.3 %, France ranks above the EU average for artificial ensure a sustainable use of soils. This entails preventing land cover, the EU-28 average being 4.1 %. The further soil degradation and preserving its functions, as population density is 105.5/km 2 , below the EU average of well as restoring degraded soils. The 2011 Roadmap to a 118 45 .
Resource Efficient Europe states that by 2020, EU policies
must take into account their direct and indirect impact on In Guadeloupe and Martinique, the historical land use. chlordecone contamination is still a major issue for
agriculture, fisheries and aquaculture activities and for
Soil, a finite and extremely fragile resource, is becoming human health.
increasingly degraded in the EU. Contamination can severely reduce soil quality and
France set up a scientific interest group on soil (GIS sol) threaten human health or the environment. A recent 17 years ago. This group manages a standardised soil report of the European Commission
46 estimated that
information system that provides information on the potentially polluting activities have taken or are still state of the soil in France. Although the group does not taking place on approximately 2.8 million sites in the EU. concern itself with contaminated sites, information on At EU level, 650 000 of these sites have been registered such sites is available from another national network. in national or regional inventories. 65 500 contaminated
sites already have been remediated. France has
Figure 12: Proportion of artificial land cover, 2015 43 registered 6 478 sites where potentially polluting
activities have taken or are taking place, and already has
remediated or applied aftercare measures on 3 054 sites.
Soil erosion by water is a natural process, which can be aggravated by climate change and human activities such as inappropriate farming practices, deforestation, forest fires or construction work. High levels of soil erosion can reduce productivity in farming. They can also adversely affect biodiversity and ecosystem service across boundaries and harm rivers and lakes (more sediment, transport of contaminants). According to the RUSLE2015
model 47 , France loses 2.25 tonnes of soil by water per hectare every year (t ha −a yr −y ), compared with the European mean of 2.46 t ha −a yr −y ; in other words, France has a medium level of soil erosion. It is important to note that these figures are the output of a model, not values
44 Artificial land cover is defined as the total of roofed built-up areas (including buildings and greenhouses), artificial non-built-up areas (including sealed area features, such as yards, farmyards, cemeteries, car parking areas, etc., and linear features, such as streets, roads, railways, runways, bridges) and other artificial areas (including bridges and viaducts, mobile homes, solar panels, power plants, electrical substations, pipelines, water sewage plants, and open dump sites). 45 Eurostat, Population density by NUTS 3 region . 46 Ana Paya Perez, Natalia Rodriguez Eugenio (2018), Status of local soil contamination in Europe: Revision of the indicator “Progress in the management Contaminated Sites in Europe”. 47 Panagos, P., Borrelli, P., Poesen, J., Ballabio, C., Lugato, E., Meusburger, K., Montanarella, L., Alewell, C., The new assessment of soil loss by water erosion in Europe, (2015) Environmental Science and
43 Eurostat, Land covered by artificial surfaces by NUTS 2 regions . Policy, 54, pp. 438-447.
Environmental Implementation Review 2019 – France
measured in the field. The actual soil loss rate can vary Biodiversity aspects are addressed mostly through a mix considerably within a given country, depending on local of spatial protection measures and through specific conditions. measures targeting certain habitats and species groups.
Organic matter in soil plays an important role in the Measures relating to birds, for example, address carbon cycle and in climate change. Soils are the world’s anthropogenic pressures, such as incidental by-catch, and second largest carbon sink after the oceans. France has provide for spatial protection measures.
an average concentration of organic carbon in soil of 26.2 France decided to implement the measures before the g/kg in the first 20 cm of topsoil (across all land cover deadline of 2021. Some measures are not fully types), compared with a European mean of 47 g/kg. implemented but the work is ongoing.. Overall, the
French programme of measures meets the requirements
Marine protection of the Marine Framework Directive MSFD in part only.
EU coastal and marine policy and legislation require that While the MSFD does not cover French overseas by 2020 the impact of pressures on marine waters be territories, France adopted in 2016 an inter-ministerial reduced to achieve or maintain good environmental instruction to organise surveillance and better manage all status (GES) and ensure that coastal zones are managed of its seas, including in the overseas territories, with the sustainably. aim to protect the marine environment.
The Marine Strategy Framework Directive (MSFD) 48 aims 2019 priority actions
to achieve good environmental status of the EU’s marine • Provide more information about its measures to
waters by 2020. To that end, Member States must
develop a marine strategy for their marine waters, and achieve GES, establish more measures that have a cooperate with the EU countries that share the same direct impact on pressures and quantify the expected
marine (sub)region. reduction of pressure as a result. • Ensure reporting of the different elements under the
For France, the Convention for the Protection of the Marine Strategy Framework Directive by the set Marine Environment of the North-East Atlantic (OSPAR deadline.
Convention) and the Convention for the Protection of the
Marine Environment and the Coastal Region of the
Mediterranean (Barcelona Convention) play an important contribution to achieving good environmental status as required by the Marine Strategy Framework. These marine strategies break down into a number of steps to be developed and implemented over six-year periods.
The latest step required Member States to set up a programme of measures and notify it to the Commission by 31 March 2016. The Commission assessed whether the measures taken by France were sufficient to achieve good environmental status 49 .
France’s measures are consistent with its good environmental status and target definitions, and cover almost all relevant pressures in its sub regions. Good environmental status and relevant pressures are addressed through a combination of measures that are either direct (e.g. technical measures targeting pressures) or indirect (e.g. cross-cutting research measures designed to increase knowledge, or communication measures). To take the example of non-indigenous species, the measures concerned address the risk of introduction, the spreading of such species, and the impact they have, by focusing on essential pathways such as aquaculture and ballast water, and on fishing activities.
48 European Union, Marine Strategy Framework Directive 2008/56/EC
49 COM(2018) 562 and SWD(2018) 393 .
Environmental Implementation Review 2019 – France
-
3.Ensuring citizens' health and quality of life
Air quality Ceilings Directive
53 for 2020-2029 and for any year from 2030.
EU clean air policy and legislation require the significant To this end, France has adopted in May 2017 a National improvement of air quality in the EU, moving the EU Plan for Air Pollution Emission Reduction 54 .
closer to the quality recommended by the World Health
Organisation. Air pollution and its impacts on human At the same time, air quality in France continues to give health, ecosystems and biodiversity should be further cause for severe concern. For the year 2015, the reduced with the long-term aim of not exceeding critical European Environment Agency estimated that about loads and levels. This requires strengthening efforts to 35 800 premature deaths were attributable to
reach full compliance with EU air quality legislation and concentrations of fine particulate matter 55 , 1 800 to defining strategic targets and actions beyond 2020. concentrations of ozone 56 , and 9 700 to concentrations of
nitrogen dioxide 57 58 .
The EU has developed a comprehensive body of air For 2017, exceedances related to the annual limit value quality legislation 50 , which establishes health-based for nitrogen dioxide (NO 2 ) were registered in 11 (out of standards and objectives for a number of air pollutants. 76) air quality zones (including Paris, Marseille and Lyon).
Emissions of several air pollutants have fallen in France 51 . Exceedances have also been registered related to The reductions between 1990 and 2014 mentioned in the particulate matter (PM 10 ) in 3 (out of 76) air quality zones previous EIR continued over 2014-2016, with sulphur (including Paris, Martinique, Guadaloupe). Finally, target oxide (SO x ) emissions falling by 19.09 %, nitrogen oxide values for concentrations of ozone and benzo(a)pyrene (NO x ) emissions by 6.53 %, and emissions of volatile were also exceeded.
organic compounds (NMVOCs) by 3.12 %. Meanwhile, See also Figure 14 for the numbers of air quality zones emissions of fine particulate matter PM 2.5 rose by 1.73 % that exceed NO 2 , PM 2.5 , and PM 10 levels.
and emissions of ammonia (NH 3 ) by 1.39 % between 2014
and 2016 (see also Figure 13 on total PM 2.5 and NO x Figure 14: Air quality zones exceeding EU air quality emissions by sector). standards in 2017 59
Figure 13: PM 2.5 and NO x emissions by sector in France 52
According to a special report by the European Court of
Auditors 60 , EU action to protect human health from air
54 France, National Plan for Air Pollution Emission Reduction .
55 Particulate matter (PM) is a mixture of aerosol particles (solid and liquid) covering a wide range of sizes and chemical compositions. PM 10 (PM 2.5 ) refers to particles with a diameter of 10 (2.5) micrometres or
Despite these reductions, further efforts are needed to less. PM is emitted from many human sources, including combustion.
reach the commitments to cut emissions from 2005 56 Low level ozone is produced by photochemical action.
levels that are set out in the new National Emissions 57 NOx is emitted during fuel combustion e.g. from industrial facilities
and the road transport sector. NO x is a group of gases comprising nitrogen monoxide (NO) and nitrogen dioxide (NO 2 ). 58 EEA, Air Quality in Europe – 2018 Report , p.64. Please see details in this report as regards the underpinning methodology.
50 European Commission, 2016. Air Quality Standards. 59 EEA, EIONET Central Data Repository. Data reflects the reporting
51 See EIONET Central Data Repository and Air pollutant emissions data situation as of 26 November 2018. viewer (NEC Directive). 60 European Court of Auditors, Special report no 23/2018, Air pollution: 52 2016 NECD data submitted by Member State to the EEA. Our health still insufficiently protected , p.41.
Environmental Implementation Review 2019 – France
pollution has not had the expected impact. Air pollution The below overview of industrial activities regulated by may be underestimated in some instances because it may the IED is based on the ‘industrial emissions policy not always be monitored in the right places. EU countries country profiles’ project 63 . are required to report both real-time and validated air
quality data to the Commission 61 . Around 6 400 industrial installations are required to have a permit based on the IED industrial sectors in France
The European Commission is following up persistent with the most IED installations. In 2015, these were: breaches of air quality requirements (for PM 10 and NO 2 ), intensive rearing of poultry or pigs (50 % of total), nonwhich have severe negative effects on health and the hazardous waste management (7 %), and the chemicals environment. This is being done through infringement sector (6 %). procedures against all the countries concerned, including
France. The Commission has decided to refer France to Figure 15: Number of IED industrial installations by the European Court of Justice for exceeding NO sector, France (2015)
64
2 limit values (see COM(2018) 330 i). The aim is to take appropriate measures to ensure that all regions meet the relevant standards.
2019 priority actions
• Take action to reduce the main sources of emissions,
in the context of the national air pollution control programme (NAPCP).
• Cut nitrogen oxide (NO x ) emissions and
concentrations of nitrogen dioxide (NO 2 ) faster. This will require, for example, further reductions in transport emissions, especially in urban areas (and may require proportionate and targeted urban vehicle access restrictions) and/or fiscal incentives (alignment and equal treatment of transport fuels).
• The energy sector was identified as the industrial sector Cut emissions and concentration of particulate responsible for the largest environmental burden as
matter (PM 2.5 and PM 10 ); this will require, for regards emissions to air. It produces the largest share of example, further reductions in emissions from emissions of heavy metals and other pollutants: sulphur energy production and heat generation using solid oxides (SO x ), nitrogen oxides (NO x ) and polychlorinated fuels, or the promotion of clean and efficient district dibenzodioxins and polychlorinated dibenzofurans
heating. (PCDD/F).
Industrial emissions The sector labelled ‘other activities’ (mostly intensive rearing of poultry or pigs, surface treatment and pulp,
The main objectives of EU policy on industrial emissions paper and wood products) is mainly responsible for are to: emissions to air of particulate matter (PM2.5), non(i) protect air, water and soil; methane volatile organic compounds (NMVOCs), (ii) prevent and manage waste; ammonia (NH3), cadmium (Cd) and zinc (Zn). The metals (iii) improve energy and resource efficiency; and sector also contributes significantly to heavy metals and (iv) clean up contaminated sites. energy-refining, gasification and liquefaction and coke for To achieve this, the EU takes an integrated approach to SOx and nickel (Ni). The breakdown is shown in the the prevention and control of routine and accidental following graph. industrial emissions. The cornerstone of the policy is the Industrial Emissions Directive 62 (IED).
61 Article 5 of Commission Implementing Decision 2011/850/EU of
12 December 2011 laying down rules for Directives 2004/107/EC and
2008/50/EC as regards the reciprocal exchange of information and of industrial and agricultural sectors (e.g. intensive rearing of pig and reporting on ambient air quality (OJ L 335, 17.12.2011, p. 86) requires poultry, pulp and paper production, painting and cleaning). Member States to provide up-to-date data. 63 European Commission, Industrial emissions policy country profile – 62 Directive 2010/75/EU covers industrial activities carried out above France . certain thresholds. It covers energy industry, metal production, mineral 64 European Commission, Industrial emissions policy country profile – and chemical industry and waste management, as well as a wide range France .
Environmental Implementation Review 2019 – France
Figure 16: Emissions to air from IED sectors and all other 2019 priority actions
national air emissions, France (2015) • Review permits to ensure they comply with newly
adopted BAT conclusions.
• Step up checks and enforcement to ensure
compliance with BAT conclusions.
Noise
The Environmental Noise Directive 65 provides for a common approach to avoiding, preventing and reducing
the harmful effects of exposure to environmental noise.
Excessive noise from aircrafts, railways and roads is one of the main causes of health problems in the EU 66 .
On the basis of a limited set of data 67 , environmental
As regards emissions into water, the non-ferrous metals noise in France is estimated to cause at least 900 industry, iron and steel, waste management, chemicals premature deaths and 5 900 hospital admissions and ‘other activities’ were identified as significant annually. Moreover, about 1 900 000 people suffer from polluters. The waste management, chemical and metals disturbed sleep. Implementation of the Environmental sectors generate mainly hazardous and non-hazardous Noise Directive has been significantly delayed. The most waste. The enforcement approach under the IED confers recent information analysed indicates that the only on citizens a strong right of access to relevant obligations met under the Directive are those relating to information and to participate in the permitting process. noise mapping. There are still no action plans for a This enables members of the public, and NGOs, to ensure majority of agglomerations (extended built-up areas), that permits are granted in the appropriate manner and some major roads, railways and airports.
that the conditions governing them are respected.
By sharing information among EU countries, industrial 2019 priority action
associations, NGOs and the Commission, the best • Speed up completion of the missing action plans.
available techniques (BAT), reference documents ( the so-called BREFs ) and BAT conclusions ensure good
cooperation with stakeholders and enable IED to be Water quality and management
better implemented. EU legislation and policy requires that the impact of
The Commission relies on and welcomes the efforts of pressures on transitional, coastal and fresh waters national competent authorities to implement the legally (including surface and ground waters) be significantly binding BAT conclusions and associated BAT emissions reduced. Achieving, maintaining or enhancing a good levels in environmental permits, resulting in substantial status of water bodies as defined by the Water
ongoing pollution reductions. Framework Directive will ensure that EU citizens benefit from good quality and safe drinking and bathing water. It
Implementing the recently adopted BAT associated will further ensure that the nutrient cycle (nitrogen and emission levels for large combustion plants will, for phosphorus) is managed in a more sustainable and example — on average and depending on the situation of resource-efficient way.
individual plants — reduce emissions of sulphur dioxide
by between 25 % and 81 %, nitrogen oxide by between The existing EU water legislation 68 puts in place a 8 % and 56 %, dust by 31 % to 78 % and mercury by 19 % protective framework to ensure high standards for all
to 71 % at EU level.
The Commission has in particular welcomed the good 65 Directive 2002/49/EC .
cooperation with the administration to efficiently solve 66 WHO/JRC, 2011, Burden of disease from environmental noise,
issues arising from late implementation of the BAT Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds),
conclusion banning the use of the mercury cell technique World Health Organisation, Regional Office for Europe, Copenhagen, Denmark.
by chlor alkali plants by 11 December 2017. 67 European Environment Agency, Noise Fact Sheets 2017 .
68
However, pollution events are still a reality. Examples This includes the Bathing Waters Directive (2006/7/EC), the Urban Waste Water Treatment Directive (91/271/EEC) (on discharges of
include water pollution through the disposal at sea of municipal and some industrial wastewaters), the Drinking Water bauxite residues in alumina production in Gardanne, and Directive (98/83/EC) (on potable water quality), the Water Framework
air pollution at the Lacq industrial site. Directive (2000/60/EC) (on water resources management), the Nitrates Environmental Implementation Review 2019 – France
water bodies in the EU and addresses specific pollution unknown chemical status also decreased from 34% down sources (for example, from agriculture, urban areas and to 21%. industrial activities). It also requires that the projected
impacts of climate change are integrated into the Figure 17: Ecological status or potential of surface water corresponding planning instruments e.g. Flood Risk bodies in France
69
Management Plans and River Basin Management Plans, including Programmes of Measures which include the actions that Member States plan to take in order to achieve the environmental objectives.
Water Framework Directive
France has adopted and reported the second generation of River Basin Management Plans under the Water Framework Directive and the European Commission has assessed the status and the development since the adoption of the first River Basin Management Plans, including suggested actions in the EIR report 2017.
The most significant pressures on surface water bodies in France is from diffuse agricultural sources followed by pressures arising from physical alteration of channel/bed/riparian area/shore and pressures from urban waste water. For groundwater bodies the most significant pressure is diffuse sources and water abstraction.
Altered habitats due to morphological changes was the Although the number of groundwater bodies failing poor most significant impact on surface water bodies (40% of quatitative status increased, the overall area of surface water bodies) followed by chemical pollution groundwater bodies failing good status decreased (37%), nutrient pollution (33%), organic pollution (28%) significantly by one third from 16% of the total and altered habitats due to hydrological changes (25%). groundwater body area in the first to 11.2% in the second The most significant impact on groundwater bodies was River Basin Management Plans.
from chemical pollution (28% of groundwater bodies) and
nutrient pollution (24%). Most significant pressures are identified in the River
Basin Management Plans and addressed by measures
The ecological status/potential is illustrated in figure 17. (Key type of measures) and the most significant progress The proportion of water bodies in less than good status seems to be in the identification of many more significant has increased for many water categories in many River pressures and planning appropriate measures for the Basin Districts which might be related to the fact that second cycle, as well as performing gap analyses, there are less water bodies with unknown status in all although only up to 2021.
categories. There were small increases in the numbers of
surveillance sites from the first to the second River Basin Nitrates Directive
Management Planss in coastal, lake, river and transitional Diffuse pollution from agriculture remains the most waters. Overall, the number of operational monitoring widespread significant pressure on water bodies resulting sites decreased by about 72% between the two River in eutrophication and higher water treatment costs.
Basin management plans in coastal waters, rivers and
transitional waters and there was a small increase in According to the Commission’s latest report
70 on the
operational sites in lakes. implementation of the nitrates Directive, 32.3 % of
monitoring stations showed an overall increase in
Between the first and second River Basin Management average nitrate concentration in groundwater for 2012- Plans there has been increase in proportion of surface 2015 by comparison with 2008-2011, while 35.2 % water bodies with good chemical status from 43% up to showed a decrease. As regards surface water, 29.2 % of 63%. The proportion of surface water bodies that fail to monitoring stations showed a higher average nitrate achieve good chemical status decreased from 23% to concentration, while 27.3 % of them had a lower one.
16%. The proportion of surface water bodies with an
69 EEA, WISE dashboard .
Directive (91/676/EEC) and the Floods Directive (2007/60/EC). 70 European Commission, 2018 Commission report on nitrates .
Environmental Implementation Review 2019 – France
The average nitrate concentration in groundwater collected. 88.5 % of the load collected is subject to exceeded 40 mg/L in 25.3 % of monitoring stations, and secondary treatment, while 94.5 % is subject to more 50 mg/L in 12.4 % of them. In the case of surface water, stringent treatment. 112 agglomerations are still nonthe average concentration exceeded 40 % in 3.8 % of compliant with the directive.
stations and 50 % mg/L in 1.2 % of them . However, the ninth round of reporting 77 also showed that
To comply with the 2013 ruling by the European Court of around 112 agglomerations are now non-compliant with
Justice 71 on the designation of zones vulnerable to the Directive. The Commission is investigating the issue
nitrates, France is in the process of designating the last jointly with France. According to data reported by France vulnerable areas. as part of this last round of reporting, investment
Drinking Water Directive estimated at EUR 4 300 million is needed to ensure adequate collection and treatment in the remaining
No new data has been made available on drinking water agglomerations 78 . France has also reported on a number since EIR 2017 72 . of planned projects (28) but there do not seem to be
Bathing Water Directive enough of them to achieve full compliance, as the number of agglomerations in breach (112) greatly
As regards bathing water, Figure 18 shows that in 2017, outnumber the projects. Moreover, France reports that out of the 3 379 bodies of bathing water in France, these projects are expected to be completed by 2021, a 77.7 % were of excellent quality, 13.2 % of good quality long time after the last 2005 deadline. and 3.8 % of sufficient quality (the corresponding figures
were 76.8 %, 14.3 % and 4.1 % in 2016). In 2017, 80 Floods Directive
bodies of bathing water in France were of poor quality 73 . The Floods Directive established a framework for the
Detailed information on French bathing water is available assessment and management of flood risks, aiming at the from a national portal 74 and via an interactive map reduction of the adverse consequences associated with viewer provided by the European Environment Agency 75 . significant floods.
Figure 18: Bathing water quality, 2014 – 2017 76 France has adopted and reported its first Flood Risk Management Plans under the Directive and the European
Commission conducted an assessment.
The Commission’s assessment found that good efforts were made with positive results in setting objectives and devising measures focusing on prevention, protection and preparedness. The assessment also showed that, as was the case for other Member States, France’s Flood Risk Management Plans do not yet include concrete enough measures, clearly prioritised, that are linked to the objectives set and an as complete as possible estimation of the cost of measures with identification of specific sources of funding. In addition, there is scope for improving the integration of the flood risk management cycle’s successive steps into the Flood Risk Management
Plans.
Urban Waste Water Treatment Directive 2019 priority actions
Overall, France has demonstrated a satisfactory level of •
compliance with the basic requirements of the Directive Take steps in order to improve tackling nutrient
on urban waste water treatment. As regards collection pollution, and assess and report the expected effect
and treatment rates, 100 % of waste water in France is of the measures. • Implement measures to ensure there will be no
71 C-193/12 of 13/06/2013.
72 Compliance with the Drinking Water Directive microbiological and 77 European Commission, Ninth Report on the Implementation Status chemical parameters as last reported was very high. and the Programmes for Implementation of the Urban Waste Water 73 European Environment Agency, 2017. European bathing water quality Treatment Directive (COM(2017) 749 i) and Commission Staff Working in 2016 , p. 17. Document accompanying the report (SWD(2017)445). 74 France, National bathing water portal . 78 European Commission, Ninth Report on the Implementation Status 75 EEA, State of bathing waters . and the Programmes for Implementation of the Urban Waste Water 76 European Environment Agency, 2018. European bathing water quality Treatment Directive (COM(2017) 749 i) and Commission Staff Working in 2017 , p. 21. Document accompanying the report (SWD(2017)445).
Environmental Implementation Review 2019 – France
future delays concerning agglomerations in breach of is a critical factor in successfully operating a harmonised the urban waste water treatment directive. single market 82 .
• Take steps to improve the integration of the flood
risk management cycle’s successive steps into the In March 2018, the Commission published an evaluation Flood Risk Management Plan. of REACH
83 . The evaluation concludes that REACH
delivers on its objectives, but that progress made is
Chemicals slower than anticipated. In addition, the registration dossiers often are incomplete. The evaluation underlines
The EU seeks to ensure that by 2020 chemicals are the need to enhance enforcement by all actors, including produced and used in ways that minimise any significant registrants, downstream users and in particular for adverse effects on human health and the environment. importers, to ensure a level playing field, meet the An EU strategy for a non-toxic environment that is objectives of REACH and ensure consistency with the conducive to innovation and to developing sustainable actions envisaged to improve environmental compliance substitutes, including non-chemical options, is being and governance. Consistent reporting of Member State prepared. enforcement activities was considered important in that
respect.
EU chemicals legislation 79 provides baseline protection The French competent authority on REACH is the Ministry
for human health and the environment and ensures for the Ecological and Inclusive Transition of France. The stability and predictability for economic operators on the French Environmental Code assigns responsibility for internal market. REACH enforcement to a number of enforcing The 2016 European Chemicals Agency (ECHA) report on authorities, especially the environmental inspectorate, the operation of REACH and CLP 80 showed that the labour inspectorate, the consumer protection enforcement activities are still developing. In the Forum authority and the customs authority. It grants them the for Exchange of Information on Enforcement, which powers they need and sets out the offences defined by enables EU countries to share their experience of REACH and the penalties (both administrative and enforcement, coordinated enforcement projects 81 have criminal) that can be imposed for infringing REACH shown that enforcement activities could be made even requirements. An annual interministerial circular more effective, especially as regards registration organises the work of REACH enforcers. Each REACH obligations and safety data sheets. Relatively high enforcement authority works in its own field of instances of non-compliance have been found in these competence; for instance, the labour inspectorate deals areas. with REACH requirements pertaining to workers. The first
checks were carried out in 2009. Currently, they focus
While there have been improvements in national mainly on pre-registration requirements 84 .
enforcement activities, there is scope for further improvement as regards harmonisation throughout the
EU, including controls on imported goods. It is also clear Making cities more sustainable
that enforcement is still weak in some countries, EU policy on the urban environment encourages cities to particularly as regards controls on imports and supply put policies in place for sustainable urban planning and chain obligations. Moreover, the architecture of design. These should include innovative approaches to enforcement capabilities remains complex in most EU urban public transport and mobility, sustainable countries. The enforcement projects also revealed some buildings, energy efficiency and urban biodiversity differences among EU countries. For instance, some conservation. systematically report higher compliance than the EU average, others lower. The population living in urban areas in Europe is
A 2015 Commission study highlighted the importance of projected to rise to just over 80% by 2050
85 . The urban
harmonising the implementation of REACH at national environment poses particular challenges to the
level, in terms of market surveillance and enforcement; it environment and human health, while also providing opportunities and efficiency gains in resource use.
Municipalities are encouraged to become greener
79 Principally for chemicals: REACH (Registration, Evaluation,
Authorisation and Restriction of Chemicals), OJ L 396, 30.12.2006, p. 1.;
Classification, Labelling and Packaging, the CLP Regulation (OJ L 252,
31.12.2006, p. 1.), together with legislation on biocidal products and 82 European Commission, Monitoring the Impacts of REACH on plant protection products. Innovation, Competitiveness and SMEs, 2015. 80 European Chemicals Agency, Report on the Operation of REACH and 83 COM(2018) 116 . CLP 2016. 84 ECHA, National Inspectorates – France . 81 ECHA, On the basis of the projects REF-1, REF-2 and REF-3 . 85 European Commission, Eurostat, Urban Europe , 2016, p.9.
Environmental Implementation Review 2019 – France
through the Green Capital Award 86 , the Green Leaf Sixteen French municipalities are involved in the URBACT Award 87 and the Green City Tool 88 . initiative to support sustainable urban development,
Financing greener cities through 17 thematic networks
92 .
Over 2014-2020, France has planned to allocate Several Horizon 2020 network projects have also helped EUR 850 million (10 % of its European Regional make French cities more sustainable. CIVITAS includes 14 Development Fund (ERDF) allocation) and EUR 62 million municipalities representing France in a common effort to (2 % of its European Social Fund allocation to sustainable achieve cleaner and better transport in cities
93 .
urban development) 89 . French cities are also actively involved in initiatives such
France is a participant in the European Urban as Eurocities (a political platform for major European Development Network (UDN) 90 , which includes more cities) and the EU Covenant of Mayors. 113 French cities, than 500 cities across the EU. UDN is responsible for representing almost 16 million people, had signed up to implementing integrated measures based on sustainable the Covenant by June 2018. Signatories commit to urban development strategies financed by ERDF over developing a sustainable energy and climate action plan
2014-2020. within 2 years. 80 French cities have already adopted such a plan 94 . Signatories endorse a shared vision for
Within the UDN initiatives, the ERDF is supporting urban 2050:
innovative actions (UIA) as a way of testing new and • unproven approaches to urban challenges. The UIA has a speeding up decarbonisation of their land, total ERDF budget of EUR 372 million for 2014-20. Five • improving their capacity to adapt to unavoidable
French cities (Lille, Nantes, Paris, Sevran and Toulouse) climate change, and
have obtained funding to support a wide variety of • giving citizens access to secure, sustainable and
projects in areas such as urban regeneration, homeless affordable energy.
people, energy efficiency, the circular economy or These urban initiatives and networks may contribute to a mobility. better urban environment. In 2017, 18 % of French citydwellers
said the area where they lived was affected by pollution, grime or other environmental problems (19.3 % in 2016 and 17.8 % in 2015). These figures are below the EU-28 average (20 % in 2017, 18.9 % in 2016
and 9.2 % in 2015) 95 .
Nature and cities
In France, 22 % of the Natura 2000 network lies within
functional urban areas 96 , above the EU average of 15 %
(see Figure 19).
The biodiversity plan recently adopted by France (on
4 July 2018) 97 includes developing the natural
environment in cities. It highlights the role played by
Participation in EU urban initiatives and networks nature in cities in helping to mitigate the urban heat
island effect, improving quality of life and preventing
French municipalities are involved in EU initiatives to do floods. The plan aims to achieve the following:
with environmental protection and climate change in
cities. Nantes was selected as the 2013 European Green • one tree per 100 inhabitants,
Capital 91 , thanks to its commitment and strategy for • a 40 % increase in green areas in cities and safeguarding the environment in key areas such as urban • a 50 % increase in green areas as a proportion of the
planning, transport, housing, water, energy and waste overall surface area in cities by 2020.
management. Local authorities will be encouraged to promote
biodiversity in cities and to support innovative actions.
86 European Commission, European Green Capital. 92 URBACT, Associated Networks by country .
87 European Commission, European Green Leaf Award. 93 European Commission, Horizon 2020 Civitas Project.
88 European Commission, Green City Tool. 94 Covenant of Mayors for Climate and Energy, Plans & Actions .
89 Agreement between the European Commission and France Accord de 95 European Commission, Eurostat, Pollution, grime or other
Partenariat, 2014-2020, France . environmental problems by degree of urbanisation.
90 European Commission, The Urban Development Network . 96 European Commission, Definition of Functional Urban Areas .
91 Nantes green capital 2013. 97 Plan biodiversité 2018 .
Environmental Implementation Review 2019 – France
Since 2010, France has had a ‘Capital of Biodiversity’ prize points in France rose significantly between 2013 and to honour municipalities that improve and promote the 2016. Between 2014 and 2016, the number of charging protection of biodiversity at local level in urban areas. points rose from 1 834 to 15 843 units 104 . Participation is open to municipalities of all sizes,
including small villages. In 2017, Muttersholtz (Alsace) Figure 20: Proportion of passengers cars by fuel types, won the prize for supporting biodiversity in land use, 2015
renovation and building. The theme for 2018 is
‘ecological design and management of natural areas’ 98 .
Figure 19: Proportion of Natura 2000 network in
Functional Urban Areas (FUA) 99
According to the biodiversity plan, 66 000 hectares of agricultural soil or natural areas are sealed every year. The plan aims to reduce net soil sealing to zero and to ensure that French legislation includes an obligation for the local authorities to combat, limit and compensate for
urban sprawl. Vignette Crit’air
Urban sprawl The air quality certificate Crit’air is a tool for
improving air quality. It enables towns and cities to
France had a weighted urban proliferation rate, at 2.33 adjust their parking and traffic policy to encourage UPU/m 2 100 in 2009 compared to a European average (EU- the use of the least polluting vehicles. It allows to 28+4) of 1.64 UPU/m 2 , having increased by 3.1 % from ban the most polluting vehicles in certain areas 2006 to 2009 101 . during pollution peaks.
Traffic congestion and urban mobility An air quality certificate is mandatory for driving in The number of passenger cars per 1000 inhabitants has restricted traffic areas (French low-emission zones) been falling since 2014. The figure was 498 in 2013; by designated by the authorities, such as inside the 2016 it had fallen to 479 102 . Paris ring road, or if an emergency scheme has been
introduced during pollution episodes. The certificate
Road vehicles are up by 6.5 % since 2006, despite a also confers certain benefits made available by local slowdown in registrations over 2016 and 2017. Although authorities.
diesel cars now account for a smaller proportion of new
cars registered, 62 % of passenger cars ran on diesel in The certificate is a round sticker displayed in a 2016 103 — the highest rate in Europe. prominent position on the vehicle. There are six
different types of certificates, corresponding to
However, the number of cars running on alternative fuels different categories of vehicle, classed by air is rising. The number of new passenger cars using pollutant emissions.
alternative fuels rose more than tenfold between 2011 and 2016. Similarly, the number of electric charging
2016 saw an increase in road traffic, with more private
98 France, ‘Capital of Biodiversity’ prize . transport of travellers and freight transport, owing to low
99 European Commission, The 7th Report on Economic, Social and fuel prices and the economic recovery. Greenhouse gas
Territorial Cohesion , 2017, p. 121. emissions from transport, which had been falling since
100 Urban Permeation Units measure the size of the built-up area as well
as its degree of dispersion throughout the region. 2004, rose slightly in both 2015 and 2016. Road mortality,
101 EEA, Urban Sprawl in Europe, Annex I , 2014, pp.4-5.
102 Eurostat, Passenger cars per 1 000 inhabitants. 104 European Commission, Transport in the European Union Current
103 CGDD, Datalab, Chiffres clés du transport, Édition 2018, Mars 2018. Trends and Issues, April 2018.
Environmental Implementation Review 2019 – France
which had been falling since 2005, was up for the third year in a row.
Car trips represented over 80 % of passenger-kilometres travelled in France in 2015. This remains slightly below the EU average of 81.3 %. On the other hand, use of buses and coaches in France is below the EU average,
while rail passenger transport is higher 105 .
The total length of cycle tracks increased from 6900 km in
2011 to 13700 km in 2016. The total length of the road and rail networks is almost stable, while the tram network is expanding in big cities 108.
105 European Commission, Transport in the EU , April 2018.
Environmental Implementation Review 2019 – France
Part II: Enabling framework: implementation tools
-
4.Green taxation, green public procurement, environmental funding
and investments
Green taxation and environmentally harmful payable for extracting water from a ground source (with
subsidies some exemptions) 108 .
Financial incentives, taxation and other economic Figure 21: Environmental tax revenues as % of GDP, instruments are effective and efficient ways to meet 2017
109
environmental policy objectives. The circular economy action plan encourages their use. Environmentally harmful subsidies are monitored in the context of the European Semester and the energy union governance process.
France’s revenue from environmentally relevant taxes remains close to the EU average. Environmental taxes stood at 2.31 % of GDP in 2017 (EU-28 average: 2.4 %), as shown in Figure 21, and energy taxes at 1.92 % of GDP, against an EU average of 1.84 %. In the same year, the environmental tax came to 4.77 % of total revenues from taxes and social security contributions (lower than the EU-28 average of 5.97 %).
The labour tax take as a proportion of total tax revenues
(52 % in 2016) was in line with the EU average, while the implicit tax burden on labour was 41.2 % 106 . Consumption taxes remained relatively low at 24.5 %, the lowest rate but one among the EU-28. This suggests there is significant potential for shifting taxes — especially those with an environmental impact — from labour to consumption.
The 2018 country report prepared in the context of the
European Semester acknowledged France’s efforts to increase revenue from tax on transport fuel and the fact that environmental taxation will continue to rise, as the carbon tax is set to increase until 2030. However, there is
no automatic indexation of environmental taxes in Meanwhile, fossil fuel subsidies have been cut by only a France. Indexing excise duty levels to inflation may limited amount over the past decade. The main reason prevent an erosion of tax revenues, and it would help to for this is the existence of state aid for filling stations and
maintain the impact of the tax on people’s behaviour 107 . funding for petroleum R&D. Several tax exemptions persist that are designed to keep national industry
Nevertheless, there are several instances where sound competitive. There are also tax refunds on diesel used for fiscal measures have been implemented to protect the public, private and freight road transport and on shipping environment. The water abstraction charges (Redevances and aviation fuels 110 . These exemptions accounted for pour prélèvement sur la ressource en eau) are a good EUR 4 000 million in 2016, while budgetary transfers for example. These have existed for over 50 years and are coal, electricity capacity and demand-side response
exceeded EUR 85 million.
108 Institute for European Environmental Policy, Case Studies on
106 European Commission, Taxation Trends Report , 2017. Environmental Fiscal Reform, Water abstraction charges in France
107 European Commission, 2018 European Semester Country Report , p. 109 Eurostat, Environmental tax revenues, 2018.
-
30.110 OECD, Inventory of Support Measures for Fossil Fuels, 2018.
Environmental Implementation Review 2019 – France
Some progress has been made since 2005 on reducing were encourage to opt for cleaner vehicles or use public the ‘diesel differential’ (the difference between the price transport 119 . New vehicles purchased in France are of diesel and that of petrol). The gap between petrol and among the most environmentally friendly in the EU, with diesel tax rates had fallen to 15 % by 2018 from 41 % in average CO2 emissions of 109.8 grams per kilometre, 2005 111 . The excise tax rates levied on petrol and diesel in below the 2016 EU average of 118 grams 120 . 2018 are EUR 0.6869 per litre for petrol and EUR 0.594
for diesel) 112 . The 2018 finance law on excise duties on The use of alternative fuels in new passenger cars sold in diesel was set to increase the rate by EUR 0.026 per litre France has been increasing over the past few years. By per year between 2018 and 2021 with the intention to 2016, the share of new passenger cars using alternative close the taxation gap between diesel and petrol by fuels was ten times that in 2011
121 . Most of the increase
2022 113 114 , following the increases in 2016 and 2017. is attributable to battery electric vehicles and plug-in hybrid electric vehicles.
The announcement by the government of a plan to
increase carbon and diesel taxes as of 2019 has triggered Green public procurement
a movement of strong social protest led by the so-called
"gilets jaunes" (yellow vests). Originally motivated by the The EU’s green public procurement policies encourage perception that the planned fuel tax hikes would Member States to take further steps to apply green particularly affect low-income households, further procurement criteria to at least 50 % of public tenders. exacerbating the negative impact of the recent increases The European Commission is helping to increase the use of fuel prices on their disposable income. In response to of public procurement as a strategic tool to support the movement and the ensuing unrest, the government environmental protection.
decided to cancel the planned increase in fuel taxation.
The purchasing power of public procurement amounts to
Tax treatment for company cars is a cause for some around EUR 1.8 trillion in the EU (approximately 14% of
concern in France 115 . However, new tax measures for GDP). A substantial proportion of this money goes to
company cars are being introduced in 2018: this will sectors with a high environmental impact such as increase taxation on vehicles with high CO2 emissions construction or transport. Therefore, green public and limit the depreciation basis for cars that pollute procurement (GPP) can help to significantly lower the heavily 116 . negative impact of public spending on the environment
Company car tax is based on CO2 emissions and varies and can help support sustainable innovative businesses. from €2 for each gram emitted for vehicles that emit The Commission has proposed EU GPP criteria
122
.
between 50 and 100 g/km to €27 for vehicles whose The National Action Plan for Sustainable Public emissions exceed 250 g/km 117 . Procurement, France’s GPP strategy, was adopted and France has CO2-based motor vehicle taxes. Under the published in March 2015. It aims to increase the extent to bonus-malus system in place, vehicles emitting 20 g/km which social and environmental aspects are taken into or less of CO2 receive a bonus of EUR 6 000. Vehicles consideration in public procurement (respectively 8,6% emitting more than 120 g/km, on the other hand, pay a and 13,4% in 2016 in tenders above EUR 90 000 ex tax). malus of EUR 50-EUR 10 500, depending on the level of The Action plan’s objective is to reach, by 2020, 25% and emissions. Additional bonuses are granted when vehicles 30 % for social and environmental aspects.
over 15 years old are scrapped. The registration tax for A European Parliament study shows that France has
passenger cars is also based on CO2 emissions 118 . achieved better results than any other EU country in Incentives to choose cars with lower CO2 emissions in implementing its GPP strategy
123 . However, according to
2016 included lower annual road taxes, lower road tolls, and congestion or low-emission zone charges. Consumers 119 European Environmental Agency, Appropriate taxes and incentives
do affect purchases of new cars , 18 May 2018.
120 European Environment Agency, Average CO2 emissions from new
111 European Environment Agency 2017, Environmental taxation and EU passenger cars sold in EU-28 Member States plus Norway, Iceland and environmental policies , p. 27. Switzerland in 2016 . 112 European Commission, Taxes in Europe Database , 2018. 121 European Commission, Transport in the European Union: Current 113 European Commission, European Semester Country Report 2018 , p. Trends and Issues , 2018, pp.27-28. 30. 122 In the Communication ‘Public procurement for a better environment’ 114 OECD 28th Joint Meeting on Taxation and Environment, 18 May (COM (2008) 400) the Commission recommended the creation of a 2018. process for setting common GPP criteria. The basic concept of GPP 115 European Commission, Taxation of commercial cars in Belgium , relies on having clear, verifiable, justifiable and ambitious 2017, p. 3. environmental criteria for products and services, based on a life-cycle 116 FleetEurope, Major changes to company car taxation in Europe . approach and scientific evidence base. 117 ACEA, CO 123
2 based motor vehicle taxes in Europe . European Parliament, Green Public Procurement and the Action Plan 118 ACEA, CO 2 based motor vehicle taxes in Europe . for the Circular Economy, 2017, pp. 79-80.
Environmental Implementation Review 2019 – France
a French Economic, Social and Environmental Committee With a budget of EUR 454 billion for 2014-2020, the ESIF study, the social and environmental progresses do not are the EU’s main investment policy tool.
reach the policy objectives initially defined 124 . European Structural and Investment Funds, 2014-
There are legal objectives concerning: vehicles, 2020 133
communication technology, sustainably managed wood,
organic and sustainably-made food, the development of Through 83 national, interregional and regional car sharing, and the carbon footprint of state-owned programmes, France has been allocated EUR 26.73 billion
buildings. from ESI Funds over 2014-2020. Complemented by a national contribution of EUR 19.04 billion, France has a
France participates in the Interreg programme “GPP total budget of EUR 45.77 billion to be invested in various STREAMS” which aims to improve the management, areas:
implementation and monitoring of policy instruments •
that integrate GPP approaches to ensure maximum gains creating jobs and growth • in resource efficiency. boosting the shift to a low-carbon economy • supporting the competitiveness of SMEs
Since 2017, a series of agreements (‘Engagements pour la • strengthening research and development in an croissance verte’ — ECV), designed to develop greener innovation-friendly business environment 129
production patterns and to support the implementation
of a circular economy, have been signed with the Figure 22: Breakdown of ESI Funds (2014-2020)
construction industry (recycling or waste from public works, recycling of plaster) and other industrial sectors.
In the context of the ECVs, France is developing tools to help public buyers and building trade professionals move towards the circular economy.
Environmental funding and investments
European Structural and Investment Fund (ESIF) rules oblige Member States to promote environment and ESIF in France will:
climate in their funding strategies and programmes for • strengthen research and technological development
economic, social and territorial cohesion, rural
development and maritime policy. and innovation, • support SMEs (including those in the farming,
Achieving sustainability involves mobilising public and fisheries and maritime sectors),
private financing sources 125 . Use of the European • promote employment and social inclusion, combat
Structural and Investment Funds (ESIFs) 126 is essential if poverty and support labour mobility,
countries are to achieve their environmental goals and • protect the environment by supporting the shift to a
integrate these into other policy areas. Other instruments low-carbon economy, including investments in such as Horizon 2020, the LIFE programme 127 and the energy efficiency, by developing renewable energies European Fund for Strategic Investments (EFSI) 128 may and clean transport, and by supporting agricultural also support the implementation and spread of good production methods that are more respectful of
practices. natural resources, • support the development of cities through
According to Eurobarometer 468, 88 % of French people integrated measures for sustainable urban support more EU investment in environmental protection development, and support bottom-up development (the EU-28 average being 85 %). strategies in rural areas.
124 Conseil economique social et environmental, Commande publique Cohesion policy
130
responsable: un levier insuffisement exploité, p. 6 ; March 2018. Over the 2014-2020 programming period, France has
125 See, for example, Action plan on financing sustainable growth
(COM(2018) 97 ). EUR 8.43 billion through the ERDF and plans to use over
126 i.e. the European Regional Development Fund (ERDF), the Cohesion EUR 1 044 million (12 % of the whole ERDF) to support
Fund (CF), the European Social Fund (ESF), the European Agricultural direct environmental projects in the following areas:
Fund for Rural Development (EAFRD) and the European Maritime and
Fisheries Fund (EMFF). The ERDF, the CF and the ESF are referred to as the ‘cohesion policy funds’.
127 European Commission, LIFE programme. 129 ESIF country fiche for France .
128 European Investment Bank, European Fund for Strategic 130 All the financial allocations given in this section represent only the EU Investments, 2016. contribution (national and private are not covered).
Environmental Implementation Review 2019 – France
‒ Protecting and enhancing biodiversity and protecting farming (which are now implemented in accordance with
nature, EUR 287 million. a specific article of Regulation 1305/2013 i), the total
‒ Implementing measures to prevent and adapt to budget allocated to these measures is expected to rise
climate change, EUR 246 million. from EUR 180 million/year over 2007-2013 to
‒ Rehabilitating industrial sites and contaminated land, EUR 360 million/year during the current programming EUR 129 million. period. Moreover, the 55.87 % rate for priority 4 (one of
‒ Managing household waste management (mainly in the EAFRD’s six priorities focused on water, biodiversity the outermost regions): thermal treatment and and soil protection), includes the high contribution for incineration, EUR 157 million. less favoured areas (LFAs) under measure 13: priority 4
‒ Waste water treatment (mainly in the outermost should be reduced to 20 % without LFAs. France faces regions), EUR 224 million. environmental pressures on air (especially ammonia
emissions from farming), biodiversity (by ensuring
As regards integrating environmental concerns in other consistency with the prioritised action framework PAF at policy areas, France plans to support projects regional level) and soil (25 % of French territory is contributing indirectly to environmental objectives with a vulnerable to landslides). Irrigation is a significant drain total amount of EUR 1 828 million in the following policy on water resources in southern France.
areas:
Figure 23: ESIF 2014-2020 – EU allocation by theme,
-
-Energy: EUR 1 228 million (EUR 423 million for France (EUR billions) 131
renewables and EUR 805 million for energy efficiency),
-
-Sustainable transport: EUR 382 million,
-
-Sustainable business processes: EUR 165 million,
-
-Sustainable tourism: EUR 53 million.
Overall, environmental (direct) and sustainable (indirect) investments represent 34 % of France’s ERDF allocation in 2014-2020.
During the 2007-2013 programming period,
EUR 1 008 million was allocated to direct environmental investments and EUR 1 176 million to indirect environmental investments. Investment in renewable energy sources and energy efficiency increased significantly in 2014-2020 (from EUR 670 million in 2007-
2013 to EUR 1 228 million).
Reallocations (the transfer of financial allocations from one sector to another) were positive in 2007-2013 as regards indirect environmental investments:
EUR 119 million (+11.3 %) were reallocated, mainly to solar energy and energy efficiency. Direct environmental investments remained stable overall (overall, -1.4 % of
funds were reallocated, totalling EUR 14 million). 30 regional rural development plans allow for financing
Rural development measures to benefit the environment and the climate.
Approximately 55 % of all funds assigned to these rural
France has EARDF funding of EUR 9 909 million over development plans are earmarked for funding 2014-2020 (before the first modification and before environment and climate measures.. This represents flexibility between the two pillars of the CAP, reported to about EUR 15 billion over 2014-2020. In 2018, the budget be 3-3.3 % per year). The budget for agro-environmentalfor rural development plans was boosted further with an climate measures represents 10 % of the total EAFRD and additional allocation of about EUR 600 million of EU is one of the 10 lowest percentage allocations (the EU funds.
average being 16.51 %). However, agri-environment and
climate measures receive the third largest share of the As regards agri-environment and climate measures, there total EAFRD in France, and the forecast national budget are around 70 different types of operations which have
will be doubled by comparison with the previous
programming period, 2007-2013. Taking into account the 131 European Commission, European Structural and Investment Funds
budget earmarked for measures to support organic Data By Country.
Environmental Implementation Review 2019 – France
been designed to address various environmental issues European Maritime and Fisheries Fund (EMFF) identified at regional level. Some of these measures
contribute to the objective of maintaining or restoring France has EMFF funding of EUR 585 million (EU the good conservation status of habitats and species of contribution) over 2014-2020. French funding priorities Community interest in Natura 2000 sites. Support for are as follows
132
:
vulnerable habitats and species is prioritised. - EU Priority 1: EUR 150.9 million (25.7 % of total EMFF
Rural development plans also support ambitious allocation) for achieving a better balance between fishery environmental objectives determined by the authorities, activities and environmental protection and such as those relating to organic farming and pesticide sustainability.
use. The French authorities aim to increase the share of - EU Priority 2: EUR 88.8 million (15.1 %) goes towards organic farming to 15 % of total farmland by 2022 and to meeting the objectives of the French national strategic halve pesticide use by 2025. Given the challenges posed plan for aquaculture. Support will also focus on by biodiversity loss (especially the decline of pollinators), protecting and restoring biodiversity. the pollution by pesticide of some water bodies with
pesticides, and strong demand on the part of French - EU Priority 3: EUR 122.3 million (20.8 %) support for society, these objectives are strategic. control and data collection.
In southern regions, where farming puts pressure on - EU Priority 4: EUR 22.6 million (3.8 %) helps to improve water resources, rural development programmes support the territorial cohesion of fisheries and aquaculture.
projects to reduce water needs and to make irrigation - EU Priority 5: EUR 163.2 million (27.8 %) goes towards systems more efficient. This is done in accordance with improving the marketing, diversification and of seafood environmental legislation, notably the Water Framework products.
Directive, and the objective of achieving a good status of
water bodies. - EU Priority 6: EUR 5.3 million (0.9 %) goes towards improving the efficiency of maritime surveillance,
Rural development programmes generally support the extending the network of marine protected areas and transition to a more sustainable model of agriculture. improving knowledge of the marine environment.
However, large intensive mono-cropping areas remain,
placing major pressures on the environment - EUR 34.8 million (5.5 %) is allocated to technical (biodiversity, soil, water). Efforts to achieve a transition assistance.
to a fully sustainable model of farming need to be
pursued, especially in the areas of most intensive Artificial reefs to protect Prado Bay sea beds in production. Marseille
137
Prado Bay has long been the victim of progressive silting. Sand covered the natural reefs, endangering the habitats of many animal and plant species. This project built some 401 artificial reefs of up to 30 m deep, over an area of 220 ha. (Total cost: EUR 4 740 000 (EUR 1 814 038 of EU co-financing)
The Connecting Europe Facility (CEF)
The CEF is a key EU funding instrument developed specifically to direct investment towards European
As regards direct payments, farmers are required to transport, energy and digital infrastructure to address comply with a number of eco-conditionalities to protect identified missing links and bottlenecks and promote the environment and ecosystems (biodiversity, habitats, sustainability.
soil, water and air). The introduction of additional By the end of 2017, France had signed agreements for greening obligations in 2014 has, unfortunately — as in EUR 2 billion for projects under the CEF 133 .
other European countries — yielded only marginal benefits for the environment so far.
132 European Commission, Summary of French EMFF OP.
133 European Commission, European Semester Country Report for France , 2018, p. 14.
Environmental Implementation Review 2019 – France
Horizon 2020 integrated environmental management: air quality
France has benefited from Horizon 2020 funding since management and monitoring, noise abatement, river the programme started in 2014. As of January 2019, basin management, management of coastal areas and 2 825 participants have been granted a maximum sensitive areas. More recently funded projects have amount of EUR 1.09 billion for projects from the Societal focused on green construction, energy saving, land-use Challenges work programmes dealing with environmental planning and eco-design products. Most projects were
issues 134 135 . implemented by small and medium-sized firms, international companies, local authorities and research
In addition to the abovementioned work programmes, institutions. Project durations ranged from 20 to 53 climate and biodiversity expenditure is present across the months. entire Horizon 2020. In France, projects accepted for
funding in all Horizon 2020 working programmes until There are 26 ongoing projects in France. These cover a December 2018 included EUR 1 billion destined to similar spread of themes, as well as some new ones, such climate action (26.1 % of the total Horizon 2020 as: plastic waste, sustainable construction, end-of-life contribution to the country) and EUR 131 million for vehicles, urban design, energy supply and efficiency, biodiversity-related actions (3.2 % of the Horizon 2020 water saving, construction and demolition waste, lifecontribution to the country) 136 . cycle assessment and soil decontamination.
LIFE programme Completed projects under the LIFE Nature and Biodiversity strand targeted over 40 species — mainly
Since 1992, when the LIFE programme was launched, a birds, but also freshwater fish, reptiles, mammals and
total of 354 projects have been co-financed in France 137 . plants — and more than 20 habitats — dry grasslands,
Altogether, they represent a total investment of EUR 789 rivers, marshes, dunes, lagoons, forests, coastal areas, million, of which EUR 287 million comes from the EU. Of vine-growing landscapes and alluvial habitats along the these projects, 221 have focused on environmental Rhine. NGOs and park authorities accounted for over half innovation (under the LIFE Environment and Resource of project beneficiaries. Other types of beneficiary Efficiency Priority), 118 on nature conservation (under included development agencies, a research institute and the LIFE Nature and Biodiversity Priority), and seven on local and regional authorities. Project durations ranged information and communication. Under the new LIFE from 43 to 72 months. programme, the following projects have been co-funded:
three on adapting to climate change, five on mitigating 21 of these projects are currently under way in France. climate change, three climate governance and They deal with conserving and restoring species and adaptation, two preparatory projects and two technical habitats. One Nature project aims to restore biodiversity assistance projects. One NGO operating grant has also and conserve remarkable military sites in the southeast
been co-funded. of France, supporting bat, gull and raptor species within four Natura 2000 sites. There are four ongoing
The EU allocated EUR 43 million to French projects over biodiversity projects. One aims to test the relevance and
2014-2017 138 . The LIFE CROAA, which involves effectiveness of innovative actions to improve the
implementing strategies to bring alien invasive viability of hamster populations in Alsace. Another is amphibians in France under control, received a seeking to halt the decline of endemic petrels on La contribution from the EU of over EUR 2 million 139 . Under Réunion. A third project aims to preserve unique semithe Resource Efficiency strand, completed projects have xerophilic forest habitats on La Réunion and to retargeted classic issues such as waste management, clean establish the connectivity between restored and relict technologies and waste water treatment, but also plots. The fourth is designed to conserve the critically
endangered giant pearl mussel in France, specifically in the Charente, Vienne and Creuse rivers, where up to
134 European Commission own calculations based on CORDA (COmmon 98 % of the world’s giant pearl mussel population can be
Research DAta Warehouse) . A maximum grant amount is the maximum
grant amount decided by the Commission. It normally corresponds to found.
the requested grant, but it may be lower.
135 i.e. (ii) Food security, sustainable agriculture and forestry, marine Three projects have been co-financed under the
and maritime and inland water research and the bioeconomy; (iii) Governance and Information strand. The European
Secure, clean and efficient energy; (iv) Smart, green and integrated Week for Waste Reduction, was coordinated by France in transport; and (v) Climate action, environment, resource efficiency and partnership with four organisations from three other EU
raw materials.
136 European Commission own calculations based on CORDA (COmmon countries (Belgium, Spain and Portugal). Some 22
Research DAta Warehouse) . pioneering public authorities from 10 European countries
137 European Commission, LIFE programme in France, 2017. took part in the project. The Waste Reduction Week was 138 Commission services based on data provided by EASME. designed to inform the public about the simple actions
139 European Commission, LIFE Croaa .
Environmental Implementation Review 2019 – France
they can take in everyday life to help curb waste. The ‘green’ shipping finance contract was signed with Brittany events were a huge success. Ferries (for an amount of EUR 50 million) for the
European Investment Bank (EIB) construction of their first ferry powered by liquefied natural gas. This ferry will serve on the Caen-Ouistreham
Since its inception, the EIB has invested EUR 133 billion in (France) to Portsmouth (UK) route from April 2019. the French economy in France — half of it supplied over
the last decade — through the funding of 1 400 projects National environmental financing
across the country 140 . France spent EUR 42 billion on environmental protection
In 2018 alone, the EIB Group (the European Investment (including private and public financing) in 2016. Half of Bank and the European Investment Fund) 141 loaned this amount (EUR 21 billion) came from public French businesses and public institutions EUR 7.17 billion. expenditure. 52 % of public spending was allocated to Figure 24 shows that more than EUR 2.5 billion (35 % of waste management activities (the annual average the total) was invested directly in environment-related percentage of environmental spending allocated to waste
projects. management in the EU is 49.7 %). EUR 4 254 million was allocated to wastewater management (20 % of the total
Figure 24: EIB loans to France in 2018 142 amount) and EUR 1 575 million went towards pollution abatement (7.4 % of the total). 8 % of the total amount was allocated to protecting biodiversity and the landscape (EUR 1 690 million). Between 2012 and 2016, the public funding for environmental protection was EUR 107.8 billion, the highest amount in the EU 144 .
As it has been mentioned through the report, one of the main challenges for France is to ensure that environmental financing remains at an adequate level to tackle the main issues affecting the country. Existent financial gaps in areas such as green infrastructure, urban wastewater and waste amanegement are delaying the correct implementation of EU environmental law and
Consequently, France received greater support for energy policies. Therefore, ensuring financial resources to efficiency projects in public and private buildings and reduce the implementation gap should be considered as clean transport and renewable energy projects. The a priority for the country. renewable energy projects were financed through energy
efficiency and renewable energy investment funds and 2019 priority actions
risk-sharing agreements with commercial banks. • Strengthen the integration of biodiversity concerns
European Fund for Strategic Investments into other policies (in particular in agriculture, but also in forestry, urban and infrastructure planning
The EFSI is an initiative to help overcome the current and tourism) and the encourage cooperation investment gap in the EU. It aims to mobilise EUR 500 between the people and organisations involved in billion by 2020 for all Member States. As of January 2019, these policy areas.
it has mobilised EUR 11.6 billion in France, and the • Ensure appropriate investments from national and
secondary investment triggered by this is expected to be other relevant sources to renew existing urban waste EUR 60.6 billion 143 . water infrastructures so as to avoid any future non
In 2017, EUR 4.7 billion in EFSI financing was approved compliance.
for 56 interventions in France. In the same year, 48 • Mobilise investment, including through EU funds, in
projects with total financing of nearly EUR 3 billion were waste prevention, separate collection and recycling, signed, unlocking EUR 13.5 billion of additional as well as reducing air pollution.
investment.
EFSI supports a number of new sectors including culture, cybersecurity and the maritime sector. The EIB’s first
140 EIB Group activity in France in 2017 .
141 The EIB Group includes EIB and EFSI investments and loans.
142 EIB, France and the EIB , 2018.
143 European Investment Bank, EFSI project map. 144 Eurostat, General Government Expenditure by function , 2018.
Environmental Implementation Review 2019 – France
-
5.Strengthening environmental governance
Information, public participation and access to reviewed based on its 2016 implementation report
149
and
its most recent monitoring data from 2017 150 . France is
justice considered to have made good progress on coordination,
Citizens can more effectively protect the environment if data set identification, documentation of data and data they can rely on the three pillars of the Aarhus access through services. Additional efforts are needed to Convention: improve the conditions for data reuse. France also needs (i) access to information; to make additional efforts to prioritise environmental (ii) public participation in decision-making; and datasets in the implementation of environmental
(iii) access to justice in environmental matters. legislation. In particular, it needs to prioritise data sets identified as high-value spatial data sets 151 .
It is of crucial importance to public authorities, the public Figure 25: Access to spatial data through view and and business that environmental information is shared download services in France (2017) efficiently and effectively 145 . Public participation allows authorities to make decisions that take public concerns into account. Access to justice is a set of guarantees that allows citizens and NGOs to use national courts to protect the environment 146 . It includes the right to bring legal challenges (legal standing) 147 .
Environmental information
France has an abundance of publicly available information and data for all policy areas, including the environment. The ‘State of the Environment’ report is published online every 4 years. Many public bodies provide information, including through a couple of
portals which aim to offer centralised access points 148 —
however, these generally do not contain all necessary information. There are big differences between individual
environmental areas in the amount of information Public participation available. A large amount of information is available for In France, Title II of the first book of the Environmental some areas and for others it is difficult to find anything at Code (Code de l’Environnement) entitled ‘Citizen all. The national geoportal is a very comprehensive information and participation’ 152 contains the main source of information, providing many view and legislative measures related to public participation. The download services and analytical tools. The geoportal measures were updated by Ordonnance n° 2016-488 of also hosts France’s INSPIRE portal which also contains a 21 April 2016 153 , which established a new Chapter III bis significant amount of data and allows all of the basic data entitled “Local consultation for projects with potential to be downloaded free of charge. environmental impact” 154 and by Ordonnance n°2016- France’s implementation of the INSPIRE Directive leaves 1060 of 3 August 2016, which reformed the procedures room for improvement. Its performance has been of public participation in the field of environment. They
were completed in 2017 as a follow up to the report by the National Ecological Transition Council entitled ‘Environmental democracy: debate and decide’
145 The Aarhus Convention, the Access to Environmental Information
Directive, 2003/4/EC and the INSPIRE Directive, 2007/2 together create (Démocratie environmentale debattre et decider)
155 .
a legal foundation for the sharing of environmental information between public authorities and with the public. This EIR focuses on
INSPIRE. 149 INSPIRE FR country sheet 2017.
146 The guarantees are explained in Commission Notice on access to 150 INSPIRE monitoring dashboard. justice in environmental matters, OJ L 275, 18.8.2017 and a related 151 European Commission, List of high value spatial data sets.
Citizen’s Guide. 152 France, Citizen information and participation.
147 This EIR looks at how well Member States explain access to justice 153 France, Ordonnance No 2016-488. rights to the public, and at legal standing and other major barriers to 154 France, Consultation locale sur les projets susceptibles d’avoir une bringing cases on nature and air pollution. influence sur l’environnement.
148 France, The ‘State of the Environment’ report . 155 France, Démocratie environmentale debattre et decider.
Environmental Implementation Review 2019 – France
The Ministry for an Ecological and Solidary Transition, Compliance assurance
created the ‘Charter for public participation’ (La charte
de la participation du public) 156 with the help of expert Environmental compliance assurance covers all the work committees. The Charter includes a practical handbook, undertaken by public authorities to ensure that written in plain language that gives guidance on best industries, farmers and others fulfil their obligations to practices for public participation in environmental protect water, air and nature, and manage waste 160 . It projects. Citizens, associations and project holders can includes support measures provided by the authorities, join the Charter, thereby expressing their commitment to such as: implement its principles. (i) compliance promotion
161 ;
(ii) inspections and other checks that they carry out, i.e.
The guidelines on ‘Consult to better regulate’ (Consulter compliance monitoring 162 ; and pour mieux réglementer) in France are considered to be a (iii) the steps that they take to stop breaches, impose good practice in the context of the Commission’s policy sanctions and require damage to be remedied, i.e. on better regulation 157 . enforcement 163 .
The Eurobarometer figures from 2017 show that people Citizen science and complaints enable authorities to in France agree strongly (85 % of respondents) that an focus their efforts better. Environmental liability 164 individual can play a role in protecting the environment. ensures that the polluter pays to fix any damage.
This is an improvement compared with 2014.
Compliance promotion and monitoring
Access to justice Whether and how well online information is provided to Information on access to justice in environmental farmers on how to comply with obligations on nitrates matters can be found on the website of the Ministry of and nature is an indicator of how actively authorities Justice 158 . The website covers the legal provisions, but it promote compliance in areas with serious does not include information on how an individual or implementation gaps. In France, online information on NGO can exercise their right to access justice. farmers’ obligations regarding nitrates is available on the
Ministry of Agriculture’s website and its regional offices.
The French system of legal standing is based on whether Among other examples, a document by the Direction the litigant has interests that are affected and is liberal. régionale de l'Environnement, de l'Aménagement et du There are no significant barriers to NGOs being able to Logement (DREAL) Grand Est provides detailed bring challenges on nature and air cases. For example, information on who is concerned and how they can following a legal challenge by an NGO, by its ruling of comply with the eight requirements that include: (i) a 11 July 2017 (No 394254), the Council of State ordered period during which the spreading of fertilisers is the French government to adopt new and more effective prohibited; (ii) storage of livestock manure; and (iii) air quality plans. An obstacle to access to justice in France making sure that soil is covered with crops to avoid loss is the high cost of hiring expert lawyers specialised in of nutrients 165 . Very little information is available online environmental matters, especially as their involvement is on land owners’ obligations to fulfil their obligations for mandatory in certain courts. However, legal aid is Natura 2000 sites in accordance with the Birds and available under certain conditions. Habitats Directives.
2019 priority actions Major industrial installations can present serious
• Improve access to spatial data and services by pollution risks. Public authorities are required to have making stronger links between the central INSPIRE plans to inspect these installations and to make website and regional portals. Identify and document individual inspection reports available to the public
166
.
all spatial datasets required for the implementation The website of the Inspection of Classified Installations
of environmental law 159 . Make the data and documentation at least accessible ‘as is’ to other 160 The concept is explained in detail in the Communication on ‘EU
public authorities and the public through the digital actions to improve environmental compliance and governance’
services set out in the INSPIRE Directive. COM(2018) 10 i and the related Commission Staff Working Document,
• Better inform the public about their right to access SWD(2018)10. 161 This EIR focuses on the help given to farmers to comply with nature
justice, notably in relation to air pollution and and nitrates legislation.
nature. 162 This EIR focuses on inspections of major industrial installations. 163 This EIR focuses on the availability of enforcement data and
coordination between authorities to tackle environmental crime. 156 France, Charte de la participation du public. 164 The Environmental Liability Directive, 2004/35, creates the
157 France, The guidelines on ‘Consult to better regulate’ . framework.
158 And more information on the Council of State (Conseil d’Etat) . 165 France, Fiche by DREAL Grand Est.
159 European Commission, INSPIRE. 166 Article 23, Industrial Emissions Directive, 2010/75/EU .
Environmental Implementation Review 2019 – France
unit (Inspections des Installations Classées) has general prevent and remedy environmental damage. The 2017 information on the planning of inspections. EIR focused on gathering better information on
environmental damage, on financial security and on Citizen science and complaint handling establishing guidance. The Commission is still collecting
Engaging the general public through citizen science, can evidence on the progress made.
promote knowledge about the environment and help the 2019 priority actions
authorities in their work. No online information could be
found about the use of citizen science in France. • Provide better information to the public on
encouraging compliance, monitoring and
The availability of clear online information on how to enforcement. At the very least, this should entail: (i) make a complaint is an indicator of how responsive ensuring online information on how to comply with authorities are to complaints from the public. For lodging obligations on nitrates and nature is available to complaints on offences related to waste and industrial French farmers; and (ii) providing online information sites, France provides online forms (formulaires de to citizens to make it easier for them to file naturereclamation) on DREAL’s websites and on the Inspection related complaints. of Classified Installations’ website 167 . However, there is a • Publish more information on the outcomes of lack of similar online information on how to lodge administrative enforcement action and of the followcomplaints on nature-related offences. up to detected cross-compliance breaches on
nitrates and nature.
Enforcement • Improve financial security for liabilities and ELD- When monitoring identifies problems, a range of guidance and publish information on environmental responses may be appropriate. The Inspection of damage.
Classified Installations’ website publishes reports with
general information on the number of installations Effectiveness of environmental inspected, the number of visits and the number of administrations administrative sanctions for cases of non-compliance 168
intermittently. Information at regional level is a mixed Those involved in implementing environmental picture. For example, DREAL Centre’s annual reports legislation at EU, national, regional and local levels need have almost no information on inspections 169 whereas to have the knowledge, tools and capacity to ensure that DREAL Grand Est provides key details 170 . There is no the legislation and the governance of the enforcement published information on responses to cross-compliance process brings about the intended benefits.
breaches on nitrates and nature. However, statistics on
environmental crimes are published 171 . Administrative capacity and quality
Central, regional and local administrations must have the
Tackling waste, wildlife crimes and other environmental ability to carry out their own tasks and work effectively offences is especially challenging. It requires close with each other within a system of multi-level cooperation and coordination arrangements between governance.
inspectors, customs authorities, police and prosecutors.
The Central Office for Coordinating Environmental and TAIEX-EIR Peer 2 Peer events
173
Public Health Crime (OCLAESP) 172 , a national office The EIR P2P programme facilitates the exchange of located within the Gendarmerie, coordinates the experiences between the national environmental enforcement of these crimes across enforcement authorities that implement environmental policy and agencies, including Customs and the National Hunting legislation. France has taken an active part in the and Wildlife Agency (ONCFS). programme since September 2018. For example, experts
from France and the Netherlands shared best practice in
Environmental liability March 2018 on establishing a public-private voluntary
The Environmental Liability Directive (ELD) establishes a agreement on ‘green’ purchasing and Dutch experts framework based on the ‘polluter pays’ principle to shared their experience of the ‘circular procurement’
green deal in the Netherlands.
Experts from France also participated in April 2018 in a
167 France, IPPC website.
168 France, IPPC brochure. EIR P2P workshop in Lisbon on Monitoring air pollution
169 France, DREAL Centre’s annual reports. impacts on ecosystems along with experts from Portugal,
170 France, DREAL Grand Est .
171 France, statistics on environmental crimes , p. 1.
172 France, OCLAESP. 173 European Commission, TAIEX Peer 2 Peer.
Environmental Implementation Review 2019 – France
Spain, France, Italy, Croatia, the Netherlands and l’Environnement, ICPE’); and (ii) relevant projects that Denmark. implement the French Water Act (‘Loi sur l’eau’). Projects
At another meeting in Prague in June 2018, experts from that are likely to include measures to avoid, reduce or France and Germany shared experiences on controlling offset harmful effects on the environment do not need a and reducing emissions from cars and on measures to permit but they do require an environmental assessment.
upgrade the car fleet with their peers from the Czech and The permit covers a number of areas for which main the Slovakian governments. decisions are required from the State. These are:
•
In addition, a study visit has been organised in September environmental legislation (Natura 2000, protected
2018, where experts from the government of Castilla y species and derogations and waste processing),
León in Spain visited the French region of Auvergne• forestry,
Rhône-Alpes for the French and Spanish authorities to • energy,
exchange knowledge on managing wolf populations. • patrimony, • transport,
Finally, experts from the competent authority • defence.
responsible for overseeing the EU Timber Regulation
(EUTR) participated in June 2018 in a EIR P2P workshop In France, the environmental authorisation procedure is to strengthen cooperation among the competent coordinated with other relevant procedures, especially authorities from eight Mediterranean EU countries. The those required under its urban legislation. For wind farm aim was to improve and harmonise the implementation projects, the environmental authorisation exempts from of the EUTR in the Mediterranean region. Experts from obtaining the construction permit. Greater flexibility is the Netherlands and Denmark shared their experiences also being introduced in the renewable energy sector (i.e. from the Nordic-Baltic network of EUTR competent photovoltaics). authorities. The permit application is submitted to a single contact —
the prefect (‘préfet’), a local representative of the State.
Coordination and integration The procedure has been reduced to three stages (review, As mentioned in the 2017 EIR, the transposition of the public inquiry and decision) and there are simplified revised environmental impact assessment (EIA) formalities and requirements for a single permit. Directive 174 provides an opportunity for countries to Complex projects can benefit from a special system streamline their regulatory framework on environmental whereby permits are granted in several stages. The assessments. France transposed the Directive by the streamlined approach also aims to shorten the delays in deadline of May 2017. procedures, for example by reducing the average time
taken for authorisation to be granted from 12-15 months
The Commission encourages the streamlining of the to 9 months.
environmental assessments to reduce duplication and
avoid overlaps in environmental assessments for France also introduced changes to the litigation system projects. Streamlining helps to reduce unnecessary so that project developers may now refer the administrative burden. It also accelerates decisionauthorisation to the administrative court within 2 months making, without compromising the quality of the of its publication and third parties within 4 month of its environmental assessment procedure. In the publication (compared with the previous period of 12 transposition of the revised EIA Directive, France months after publication and 6 months after entry into streamlined administrative procedure by introducing force fixed in general law).
common or coordinated procedures for environmental Following a grievous complaint by a third party, the judge evaluation. may conduct the procedure or completely or partially
From 1 March 2017, France has introduced a single annul the authorisation, depending on the law applicable environmental permit for projects as part of the at the time of the judgment (except for planning rules for government’s initiative to modernise environmental which the judge must take account of the law that regulations. The single environmental permit simplifies applied at the time of the decision). In case of and streamlines the procedures and allows a better modification of the project, the environmental overview of all environmental aspects of a project. authorisation may be subject to amendment by
supplementary order of the prefect. The single environmental permit applies to: (i) projects
that implement the legislation on industrial installations France adopted a new act in March 2018 which states (‘Installations Classées pour la Protection de that if the environmental authority has comments on a
project, the project developer should respond in writing
174 Directive 2014/52/EU . and these written comments should be made public.
Environmental Implementation Review 2019 – France
Following a case law from the Conseil d’Etat, a decree is Assembly in May 2018 177 . The EIR is one of the tools to expected to be adopted, requiring that the opinion on ensure that the Member States set a good example by the EIA for all regional-level projects be given by the respecting European Union environmental policies and regional bodies of the national independent laws and international agreements. environmental authority (MRAe) and not by the prefect
who could also be the authority delivering the consent. France has signed but not yet ratified the Protocol on Strategic Environmental Assessment to the Espoo
Adaptability, reform dynamics and innovation Convention, the Offshore Protocol to the Barcelona (eGovernment) Convention and the Nagoya Protocol
178 .
French public authorities are increasingly adopting and Forests: EU Timber Regulation (EUTR) 179 /Forest Law using electronic services that enable them to interact Enforcement, Governance and Trade (FLEGT) with the public online. The country performance was in Regulation 180 line with the EU average in 2018. For Digital Public
Services, the country has a score of 0.58/1 based on In France, checks are conducted more frequently in Europe's Digital Progress Report 2018, EU28 average regions with higher numbers of operators. Between being 0.57/1 175 . The situation has slightly improved since March 2015 and February 2017, France carried out a
the year 2016, mainly in terms of open data. total of 30 planned checks for domestic timber, and all 320 checks planned for imported timber. However, the
The Public Action Programme 2022, launched in October number of checks is quite low when compared to the 2017 by the Prime Minister, gives priority to the digital estimated 5 000 French operators that place domestic transformation of administrations, with the objective of timber on the EU market and the 14 000 that import 100% of dematerialised public services by 2022. timber. French competent authorities only conducted
A fund for the transformation of public action was one check on traders
181 .
installed at the end of 2017 and endowed with EUR 700 In France, in addition to financial penalties (which may million over the next five years, including EUR 200 million not exceed EUR 1 million), a possible penalty for for 2018. infringements of due diligence, prohibition or traceability
In the DESI Report 2018, France had a score of 59 out of is to suspend the authorisation to trade. So far, sanctions 100 on digital public services, slightly higher than the EU have mainly been for breaches of the due diligence
average 176 .Enabling financing and efficient use of funds requirement. These sanctions have taken the form of notices of remedial actions. Infringement cases are still
The French authorities have a long experience in the under way. management of EU funding and no major problems arise
in this respect. On cooperation (Article 12 of the EUTR), France reports to have collaborated with various government
2019 priority action institutions as well as with other EU competent
• France can further improve its overall environmental authorities and institutions. Furthermore, France participates in the Mediterranean network on EUTR
governance (such as transparency, citizen
engagement, compliance and enforcement, as well implementation.
as administrative capacity and coordination). Genetic resources: Nagoya Protocol on Access to
Genetic Resources and the Fair and Equitable Sharing of
International agreements Benefits Arising (ABS) 182
The EU Treaties require EU environmental policy to In line with the provisions of the EU Access and Benefit promote measures at the international level to deal with Sharing (the ABS Regulation), which transposes the regional or worldwide environmental problems. required compliance measures under the Nagoya
The EU is committed to strengthening environmental law 177
and its implementation globally. It therefore continues to UN General Assembly Resolution 72/277 and Organizational session of the ad hoc open-ended working group .
support the Global Pact for the Environment process, 178 Protocol on Access to Genetic Resources and the Fair and Equitable which was launched by the United Nations General Sharing of Benefits Arising from their Utilisation to the Convention on
Biological Diversity. 179 Regulation (EU) No 995/2010. 180 Regulation (EC) No 2173/2005 .
175 European Commission, DESI country profile France , 2018, p. 10. DESI 181 Traders were checked by 19 countries, with numbers of checks country profile France , 2018, p. 10. ranging from 1 (Denmark, France, Luxembourg) to 747 (Cyprus). 12 out 176 European Commission, Digital Economy and Society Index Report of 19 countries conducted between 1 and 65 checks. 2018, Digital Public Services . 182 Regulation (EU) No 511/2014 .
Environmental Implementation Review 2019 – France
Protocol into EU law, France has appointed competent that stronger efforts will be made to include sustainable authorities for genetic resources. It has also applied the development in the work of all public institutions. Each Regulation’s sanctions for infringements. So far, it has not Minister has nominated one or more senior civil servant submitted a due diligence declaration or applied any to prepare their administration’s contribution to the penalties. Moreover, France has not delivered on its NSDS, coordinate the preparation of the corresponding reporting obligations under the EU ABS Regulation. action plans and monitor their implementation.
International wildlife trade: the Convention on France is also developing an action plan for the International Trade in Endangered Species of Wild Sustainable Development Goals (SDGs). However, it Fauna and Flora (CITES) 183 remains to be seen whether the plan will include a
In line with the Convention on International Trade in mechanism for integrating SDGs into policy making.
Endangered Species of Wild Fauna and Flora (CITES), The 110 statistical indicators developed by the National France has established relevant national authorities for Institute of Statistics and Economic Studies to monitor the international wildlife trade and regularly processes progress in implementing the SDGs could help to inform requests for import, export, re-export, and intra-EU trade decision-making. France presented a voluntary national documents review of its implementation of the SDGs at a UN high
Reports on seizures of illegal wildlife shipments, (in level political forum on sustainable development in July particular those reported every 6 months to TRAFFIC 2016. It was one of the first four EU countries to do so. (Trade Records Analysis of Flora and Fauna in Commerce) An update is planned for 2019.
under its contract with the Commission, and those exchanged through the European Union Trade in Wildlife
Information eXchange (EU-TWIX) - platform), show the extent of the customs authorities’ activity.
To ensure the 2016 EU wildlife action plan is fully implemented, France has developed best practice procedures on how to handle wildlife trade offences along the enforcement chain. France also provides financial support to national and regional development programs outside of the EU, e.g. the African elephant
Fund 184 .
Sustainable development and the implementation of the UN SDGs
Sustainable development links environmental, social and economic policies in a coherent framework and therefore helps to implement environmental legislation and policies.
France adopted its first national sustainable development strategy (NSDS) in 2003. The second (2010-2013) NSDS was adopted in July 2010, following the national environment roundtable. An interministerial delegate for sustainable development working under the authority of the Prime Minister and Ministry of Environment, Energy and Sea affairs, coordinates the work at national level.
The interministerial delegate is also Commissioner
General for Sustainable Development.
Sustainable development has been included in the
French Constitution since March 2005 when the
Environmental Charter was adopted. This guarantees
183 The Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES) .
184 UN, African Elephant Fund .
| 15 Apr '19 |
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Environmental Implementation Review 2019: A Europe that protects its citizens and enhances their quality of life COVER NOTE |
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