COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review 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 The EU Environmental Implementation Review: Common Challenges and how to combine efforts to deliver better results
Inhoudsopgave van deze pagina:
Council of the European Union
Brussels, 6 February 2017 (OR. en)
5967/17 ADD 13
ENV 103 ECOFIN 70 SOC 68 COMPET 74 POLGEN 9 CONSOM 37
COVER NOTE
From: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director
date of receipt: 6 February 2017
To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union
No. Cion doc.: SWD(2017) 44 final
Subject: COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
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
The EU Environmental Implementation Review: Common Challenges and
how to combine efforts to deliver better results
Delegations will find attached document SWD(2017) 44 final.
Encl.: SWD(2017) 44 final
EUROPEAN COMMISSION
Brussels, 3.2.2017 SWD(2017) 44 final
COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
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
The EU Environmental Implementation Review: Common Challenges and how to
combine efforts to deliver better results
{COM(2017) 63 final i} {SWD(2017) 33 - 43 final} {SWD(2017) 45 - 60 final}
France 2
This report has been written by the staff of the Directorate-General for Environment, European Commission.
Any comments are welcome to the following e-mail address: ENV-EIR@ec.europa.eu
More information on the European Union is available on the internet ( http://europa.eu ).
France 3
Photographs: p.9 – ©LIFE06 NAT/F/000143/Larrey Frédéric/Roger Thomas, p.13 – ©Igor Plotnikov/iStock, p.17 – ©LIFE10 ENV/FR/000211/Julie Bourges, p.20 – ©Dennis van de Water/iStock, p.26 – ©Livinus/iStock
For reproduction or use of these photos, permission must be sought directly from the copyright holder.
©European Union, 2017
Reproduction is authorised provided the source is acknowledged.
Table of Contents
EXECUTIVE SUMMARY ................................................................................................................................... 4
PART I: THEMATIC AREAS .............................................................................................................................. 5
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1.TURNING THE EU INTO A CIRCULAR, RESOURCE-EFFICIENT, GREEN AND COMPETITIVE LOW-CARBON
ECONOMY ............................................................................................................................................. 5
Developing a circular economy and improving resource efficiency ................................................... 5
Waste management ............................................................................................................................. 8
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2.PROTECTING, CONSERVING AND ENHANCING NATURAL CAPITAL .................................................. 10
Nature and Biodiversity ..................................................................................................................... 10
Estimating Natural Capital ................................................................................................................. 12
Green Infrastructure ........................................................................................................................... 13
Soil protection .................................................................................................................................... 13
Marine protection .............................................................................................................................. 14
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3.ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE ........................................................................ 16
Air quality ............................................................................................................................................ 16
Noise 17
Water quality and management ........................................................................................................ 17
Enhancing the sustainability of cities ................................................................................................. 19
International agreements .................................................................................................................. 20
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4.MARKET BASED INSTRUMENTS AND INVESTMENT ................................................................................ 22
GREEN TAXATION AND ENVIRONMENTALLY HARMFUL SUBSIDIES ........................................................... 22
Green Public Procurement ................................................................................................................. 23
Investments: the contribution of EU funds ....................................................................................... 23
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5.EFFECTIVE GOVERNANCE AND KNOWLEDGE .......................................................................................... 26
Effective governance within central, regional and local government .............................................. 26
Compliance assurance ........................................................................................................................ 27
Public participation and access to justice .......................................................................................... 29
Access to information and knowledge .............................................................................................. 29
France 4 France 4
Executive summary
About the Environmental Implementation Review delegated several environmental competences at
In May 2016, the Commission launched the regional and local level while keeping the assessment of
Environmental Implementation Review (EIR), a two-year environmental impact at national level. Recently cycle of analysis, dialogue and collaboration to improve (August 2015), the loi "NOTRe" (Act on the new the implementation of existing EU environmental policy territorial organisation of the French republic) has and legislation 1 . As a first step, the Commission drafted allocated more competences on sustainable 28 reports describing the main challenges and development to regional level (waste, renewable opportunities on environmental implementation for energies, mobility, land-use planning…).
each Member State. These reports are meant to
stimulate a positive debate both on shared Main Challenges
environmental challenges for the EU, as well as on the The three main challenges with regard to most effective ways to address the key implementation implementation of EU environmental policy and law in gaps. The reports rely on the detailed sectoral France are: implementation reports collected or issued by the Improving air quality by taking forward-looking, Commission under specific environmental legislation as speedy and effective action to reach EU based air well as the 2015 State of the Environment Report and pollution limit values other reports by the European Environment Agency. Implementing the necessary measures for These reports will not replace the specific instruments improving the water quality, notably by reducing
to ensure compliance with the EU legal obligations. the pollution by nitrates Effectively protecting biodiversity by ensuring the
The reports will broadly follow the outline of the 7th enforcement of the law to ensure the protection of
Environmental Action Programme 2 and refer to the habitats and species
2030 Agenda for Sustainable development and related
Sustainable Development Goals (SDGs) 3 to the extent to Main Opportunities
which they reflect the existing obligations and policy France could perform better on topics where there is
objectives of EU environmental law 4 . already a good knowledge base and good practices. This
The main challenges have been selected by taking into applies in particular to: account factors such as the importance or the gravity of Incentivising a shift from diesel fuel for motor the environmental implementation issue in the light of vehicles, notably through taxation the impact on the quality of life of the citizens, the Achieving the territorial coverage of its territory distance to target, and financial implications. with waste management plans
The reports accompany the Communication "The EU
Reducing the percentage of incinerated and
Environmental Implementation Review 2016: Common landfilled waste and increasing re-use and recycling challenges and how to combine efforts to deliver better in order to create more business opportunities
results", which identifies challenges that are common to
several Member States, provides preliminary Points of Excellence
conclusions on possible root causes of implementation Where France is a leader on environmental gaps and proposes joint actions to deliver better results. implementation, innovative approaches could be shared It also groups in its Annex the actions proposed in each more widely with other countries. Good examples are: country report to improve implementation at national Good administrative capacity (e.g. inspection
level. bodies specially dedicated to environment protection, ICPE, ONCFS…) and an Environmental
General profile Authority involved in the assessment of plans and
France is a politically centralised country which has projects The Green and Blue belt network ("Trame Verte et
Bleue") aiming at constituting a network of 1 Communication "Delivering the benefits of EU environmental corridors and reservoirs of biodiversity.
policies through a regular Environmental Implementation Innovative and participative governance tools to
Review". COM(2016) 316 final :
2 Decision No. 1386/2013/EU of 20 November 2013 on a General protect biodiversity such as dedicated structures
Union Environmental Action Programme to 2020 " Living well, within for Natura 2000 (a Steering Committee with local
the limits of our planet ". stakeholders and a dedicated management plan)
3 United Nations, 2015. The Sustainable Development Goals
4 and Regional Nature Park Policy for protecting This EIR report does not cover climate change, chemicals and energy.
France 5
environment while ensuring a sustainable Régionaux - PNR). development of human activities (Parcs Naturels
Part I: Thematic Areas
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1.Turning the EU into a circular, resource-efficient, green and
competitive low-carbon economy
fully dedicated to eco-innovation but target innovation as
Developing a circular economy and improving a whole.
resource efficiency Figure 1: Resource productivity 2003-15
8
The 2015 Circular Economy Package emphasizes the need to move towards a lifecycle-driven ‘circular’ economy, with a cascading use of resources and residual waste that is close to zero. This can be facilitated by the development of, and access to, innovative financial instruments and funding for eco-innovation.
SDG 8 invites countries to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all. SDG 9 highlights the need to build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation.
SDG 12 encourages countries to achieve the sustainable At the regional level, local authorities are also supporting management and efficient use of natural resources by eco-innovation and circular economy.
2030. France has recently launched interesting initiatives on
circular economy such as:
Measures towards a circular economy − The “Investment for the Future” Programme (PIA):
Transforming our economies from linear to circular offers one of the main priorities of the PIA is the energy an opportunity to reinvent them and make them more and ecological transition. The PIA finances RDI sustainable and competitive. This will stimulate programmes (including demonstrators), investments and bring both short and long-term benefits infrastructures and institutes as well as financial for the economy, environment and citizens alike. 5 instruments (mainly equity and loans) for innovative
France is performing above the EU average in terms of projects that target different eco-industry-related resource productivity (how efficiently the economy uses issues, with the objective of supporting companies’ material resources to produce wealth) 6 , with 2.8 EUR/kg growth. By 2015, the PIA had dedicated €2,850 (EU average is 2 EUR/kg) 7 in 2015. As shown in Figure 1, million to clean energy and the circular economy France has had a modest but stable increase in resource (CGI, 2015). Half of the total amount of the second
productivity since 2007. PIA, which is currently active, is dedicated to various programs which consider eco-conditionality criteria.
The French central government has strongly supported − France has created a network of competitiveness the development of eco-industries, eco-innovation and clusters to promote public-private R&I projects, the circular economy over the last decades, by deploying through cooperation between public research, SMEs a number of policy initiatives and programmes to support and large firms, leaders of their sector, in order to to eco-innovation and R&D programmes, including disseminate in the society and the economy, in the circular economy. These policy measures complement short and medium term, innovative products existing support schemes, including schemes that are not addressing, in particular, eco-innovation issues. In
2010, new clusters were added, dedicated to eco
5 European Commission, 2015. Proposed Circular Economy Package industries, all of them currently reaching maturity. At
6 Resource productivity is defined as the ratio between gross domestic
product (GDP) and domestic material consumption (DMC).
7 Eurostat, Resource productivity , accessed October 2016 8 Eurostat, Resource productivity , accessed October 2016
France 6
the time being, about half of those clusters are renewable energies, smart cities and smart transport.
dealing with or focusing on efficient use of resources, These clusters act as a major testbed for the emergence
sustainable city and mobility, renewable energy, of eco-innovations, and help bring together public and
green chemistry… private partners around common issues. However,
− Among other things, the PIA has also supported the despite the fact that these sectors are structured around
establishment of several Institutes for Energy a small number of very large players, eco-innovation
Transition (ITE) and Institutes for Technological appears to come from a much broader range of both
Research (IRT). They gather a limited number of large and small firms. Indeed, large companies often rely
(mostly large) companies and public laboratories on a on a strong network of SMEs as a source of innovation.
specific subject related to eco-innovation: bio These networks tend to be organised around national
sourced materials, eco-buildings, energy efficiency, “competitiveness” clusters or regional clusters.
eco-technologies and biomass-based plant chemistry.
They complement competitiveness clusters as they In addition to water management and sanitation, waste target more long-term innovation. management and environmental engineering, additional − The New Industrial France (Nouvelle France noteworthy innovation trends include the following:
Industrielle): in May 2015, the government The sector of low-impact buildings is also strong in announced nine “French Industrial Solutions”, which France, and develops new solutions for low-impact conformed to France’s industrial policy priorities. building and retrofitting activities. The 2015 “Energy Among these, some focus on new resources (new Transition for Green Growth” Act has set very ambitious bio-based and recycled materials for industrial objectives in this area. In this context, the newly created productions), sustainable cities (smart grids, building RDI Institute for Energy Transition (INEF4 (Institut pour la renovation, circular economy), green mobility transition énergétique)) is supporting open-innovation (including electric cars, cars consuming less than 2 programmes in the field of eco-building and retrofitting l/100km, electric charging stations, life-long activities and should support the development of these batteries), transport for the future (faster trains, eco-activities and eco-companies (INEF4, 2016).
ecological ships and hybrid planes), etc. (DGE, 2015).
− The “Energy Transition for Green Growth” Act: in Equity investments in clean technologies show emerging
2015, the French Parliament passed the “Energy new trends in France: between 2010 and 2015, Transition for Green Growth” Law (2015b). This Act investments have shifted from the renewable energy set ambitious goals for cutting CO2 emissions, sector to the circular economy (industrial reducing energy consumption, improving material biotechnologies, waste and industrial ecology, and water resources efficie and biodiversity) and energy efficiency (AFIC (Association ncy reducing fossil energy consumption and increasing the use of renewable Francais des Investisseurs pour la Croissance), 2015).
energy. It targets the following sectors: (eco) In 2012, France had 136,444 SMEs (excluding buildings, clean public and private transport, circular microenterprises) employing 4.1 million persons and economy and renewable energies. It includes a mix producing 23% of the total added value. In the Flash 426 of regulations, tax incentives (e.g. a tax break for Eurobarometer "SMEs, resource efficiency and green energy-related improvements in households), markets" it is shown that 49% of France's SMEs have support to RDI programmes and dedicated green invested up to 5% of their annual turnover in their financial instruments (e.g. green private equity resource efficiency actions (EU28 average 50% of SMEs), funds). This Act does not only target companies, but 34% of them are currently offering green products and also citizens (e.g. tax break for retrofitting activities services, 70% took measures to save energy (EU28 at individual level) and public bodies (support to the average 59%), 77% to minimise waste (EU28 average development of green public procurement). This Act 60%), 67% to save water (EU28 average 44%), and 66% to also introduces the national low-carbon strategy save materials (EU28 average 54%). From a circular which defines how to reduce greenhouse gas (GHG) economy perspective, 36% took measures to recycle by emissions at the national level. This strategy reusing material or waste within the company, 40% to orchestrates the implementation of the transition design products that are easier to maintain, repair or towards a low-carbon economy. reuse and 23% were able to sell their scrap material to
another company.
SMEs and resource efficiency
Since 2010, a group of clusters, focusing on According to the Flash 426 Eurobarometer, the resource environmental technologies, have supported the creation efficiency actions undertaken allowed the reduction of of innovative local networks of small and medium-sized production costs in 39% of France's SMEs.
enterprises ( SMEs) and large companies based around The Flash Eurobarometer shows that 28% of the SMEs in different eco-innovation-related issues, such as water France have one or more full time employee working in a
management, waste management, energy efficiency,
France 7
green job 9 at least some of the time. France has an measures. However, France still falls considerably behind average number of 7,6 10 full time green employees per the top 3 EU-28 eco-innovative players, namely Denmark,
SME. Finland and Ireland, due to limited energy and water productivity and limited green early-stage investments.
Eco-Innovation France benefits from a substantial regulatory and policy
France is a major European player in the field of ecoframework that supports and promotes eco-industries innovation, and possesses a strong track record in and eco-innovation. For instance, the 2015 “Energy environmental regulation and support schemes – Transition for Green Growth” Law complements existing targeting both public and private actors (including support instruments (including RDI-support instruments) individuals). This is illustrated by its strong ranking in the and regulations regarding environmental protection, in 2015 Eco-Innovation Scoreboard. France ranks seventh order to i) accelerate the reduction of France’s energy overall in the ranking of eco-innovative countries (scoring needs and ii) increase the share of renewable energy in 115, with 100 representing the European average) as the national energy mix. This law specifically targets ecoshown in Figure 2. innovation, with measures aimed at increasing innovative
Figure 2: Eco-Innovation Index 2015 (EU=100) 11 green public procurements and taking into account ecoinnovation in different public policy areas (transport,
construction, etc.).
In recent years, France has heavily invested in RDI programmes, infrastructures and institutes with the intention of supporting the development of ecoinnovative companies and solutions. The PIA programme, for example, has also put in place dedicated financial instruments in support of companies engaging in ecoactivities, such as the Ecotechnology Fund, run by the French Public Investment Bank, Bpifrance. Competitiveness clusters and other public-private partnerships allow companies to join strong local networks to develop innovative products and gain access to international markets. The country also benefits from a mature R&D system, with leading PROs, a good level of public and business R&D expenditures and large numbers of qualified experts (OECD, 2014). Private R&D comes from leading international firms with high innovation capacities (see Section 2), as well as from smaller highgrowth firms. These companies use eco-innovative solutions both in France and internationally (COSEI, 2012).
In the field of the circular economy, the main drivers for innovation are public RDI programmes (such as PIA and competitiveness clusters). These programmes mostly focus on technology-related issues, and less on the other
Compared to the 2013 Eco-IS results (a score of 108), aspects of innovation (regulation, acceptability, new France has gained ground. This can be interpreted as a business models, etc.), even though these dimensions are reflection of the priority that is given to eco-innovation in considered as central for the development of the circular France in terms of regulation, policy and support economy (Barthelemy & Franz, 2016).
In the context of the strong reliance of eco-industries on
9 The Flash 426 Eurobarometer defines "green job" as a job that directly public procurement and the public sector as the final
deals with information, technologies, or materials that preserves or destination of their products and services (waste restores environmental quality. This requires specialised skills, management, water and other resource management, knowledge, training, or experience (e.g. verifying compliance with etc.), the French Ministry in charge of the environment environmental legislation, monitoring resource efficiency within the published in 2015 a national action plan for sustainable company, promoting and selling green products and services). public procurement for 2015-2020 which should enhance
10 http://ec.europa.eu/COMMFrontOffice/publicopinion/index.cfm/Surv the sustainability of public activities and relevant
ey/getSurveyDetail/instruments/FLASH/surveyKy/2088 report page
126 economic actors. Public stakeholders are working on
11 Eco-innovation Observatory : Eco-Innovation scoreboard 2015 solutions that would provide legal security for public
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procurers to purchase innovative solutions and for Figure 3 depicts the municipal waste by treatment in solution providers to gain access to major public markets. France in terms of kg per capita, which shows that France The new public procurement reform (July 2015) has is gradually improving both waste generation and waste explicitly inserted new provisions on environmental treatment methods. Only incineration/energy recovery clauses in public procurements specifications. has remained a constant in absolute terms (and has
France has 37 EMAS registered organisations, which is therefore increased percentage-wise).
quite low with respect to its size and to the total of 4034 organisations that hold a registration. However, France has slightly increased its number of registrations since
October 2015 (from 35 to 37). Furthermore, when it comes to EU Ecolabel licenses, France is the highest
achieving country. Indeed, it has 486 EU Ecolabel Figure 3: Municipal waste by treatment in France 2007- licenses, which represents 25.9% of all EU Ecolabel 14
15
licenses.
Waste management
Turning waste into a resource requires:
− Full implementation of Union waste legislation, which includes the waste hierarchy; the need to ensure separate collection of waste; the landfill diversion targets etc.
− Reducing per capita waste generation and waste generation in absolute terms.
− Limiting energy recovery to non-recyclable materials and phasing out landfilling of recyclable or recoverable waste.
SDG 12 invites countries to substantially reduce waste generation through prevention, reduction, recycling and reuse, by 2030.
The EU's approach to waste management is based on the
"waste hierarchy" which sets out an order of priority Figure 4 shows that recycling of municipal waste, while when shaping waste policy and managing waste at the still being below EU average (44% in 2014), has operational level: prevention, (preparing for) reuse, consistently improved since 2007, reaching a level of 39% recycling, recovery and, as the least preferred option, in 2014. For the time being, the strict comparison is disposal (which includes landfilling and incineration difficult as Member states do not report exactly the same without energy recovery). The progress towards reaching waste as municipal waste.
recycling targets and the adoption of adequate Figure 4: Recycling rate of municipal waste 2007-14 16
WMP/WPP 12 should be the key items to measure the
performance of Member States. This section focuses on management of municipal waste for which EU law sets mandatory recycling targets.
Generation of municipal waste 13 in France has been
decreasing slightly in the past years, before a more noticeable drop in 2014, down to 509 kg/inhabitant as shown in Figure 3. That level still puts France a solid 8% above the EU average of 475kg/inhabitant. Only in 2014
did France reach the level where Europe was at in 2009 14 .
12 Waste Management Plans/Waste Prevention Programmes
13 Municipal waste consists of waste collected by or on behalf of
municipal authorities, or directly by the private sector (business or
private non-profit institutions) not on behalf of municipalities. 15
14 Eurostat, Municipal waste and treatment, by type of treatment Eurostat, Municipal waste and treatment, by type of treatment
method, accessed October 2016 16 Eurostat, Recycling rate of municipal waste , accessed October 2016
France 9
the transition towards a circular economy, boosting waste prevention and recycling.
This Act establishes a waste prevention target, namely to reduce household waste production by 10% % by 2020 compared to 2010 levels. It features a number of actions to build momentum towards this target – including a definition of the legal notion of “planned obsolescence”, which becomes a crime, promotion of deposit and return schemes, obligations for food retailers to donate their unsold goods to charities to reduce food waste, and a “resource use hierarchy” inspired by the waste hierarchy, and fostering waste prevention.
The Act also promotes recycling, establishing waste recovery target for 2020-25 (respectively 55% and 65% of
Yet that proportion puts France far behind leading all non-hazardous non-inert waste) and the extension of recycling countries. With a recycling rate of 38% in 2013 separate collection to all organic waste before 2025. The and a progression of 2.5% since 2010 17 , France should Act also provides that, considering the action on separate reach its European objective of 50%. 18 However, France collection, mechanical biological treatment (MBT) of is still over-reliant on incineration. Similarly, landfilling waste is no longer relevant and excludes any new public still accounts for a troubling 26% of all municipal waste, financing for these installations. The national focus on despite a remarkable 32% decrease in absolute quantities EPR schemes as a powerful tool to address recycling in a
landfilled between 2007 and 2014. specific sector continues to be put forward, including through the creation of a new EPR scheme on leisure
Despite a number of innovative and far-reaching policies boats.
(e.g. on Extended Producer Responsibility) there is still a
significant and a large reliance on technology (e.g. In addition, France has recently adopted a decree incinerators). Finally, there are still some illegal mandating source separation by businesses of paper,
dumpsites in France. glass, plastic, metal and wood. The separate collection of bio-waste has been mandatory for big producers since
A 2016 report by the French Court of Auditors noted that 2012 and the Green Growth Act has extended it to all separate collection is reaching a plateau in the country. companies.
The report recommends that both waste producers and
the authorities take a number of steps to reinvigorate France also adopted recently a decree foreseeing that separate collection, starting with the rationalization and landfilling capacities should be reduced by 30% in 2020 modernization of separation and treatment plants, i.e. compared to 2010, and from 50% in 2025. As far as
doing more with fewer plants. 19 incineration is concerned the capacity should be reduced by 25% and 50% in the same time frame 21 .
A 2015 study by the French Environment and Energy
Management Agency (ADEME) building on a 2012 study The decree also requires that the waste management by the European Commission has assessed that the plans should identify shared facilities for the collection circular economy sector could create from 200,000 to and treatment of bio-waste from household, 400,000 additional jobs on top of the 600,000 jobs undertakings and agriculture.
existing jobs. 20 To fight illegal dumpsites, France has taken several
In this context, France adopted in August 2015 the measures through the Energy Transition Act to prevent
Energy Transition for Green Growth Act that promotes their proliferation by putting in place a network for waste collection for the construction sector imposing key
obligations on distributors of construction products. On 17 Commissariat Général au Developpement Durable : "Indicateurs the enforcement aspect, traceability of such materials
nationaux de la transition écologique vers un développement durable has been reinforced as well as human resources
2015-2020 : premier état des lieux, Etudes et documents n°142, mars
2016, p.17. appointed to inspections and legal proceedings. Finally, a
18 Member States may choose a different method than the one used by special awareness should be dedicated by the French
ESTAT (and referred to in this report) to calculate their recycling rates authorities to the revision and adoption of waste
and track compliance with the 2020 target of 50% recycling of management plans in the context of the regional
municipal waste.
19 Les éco-organismes: un dispositif original à consolider (2016) report administration reform.
by the French Court of Auditors.
20 Quel potential d'emplois pour une économie circulaire? (2015), study
21 Décret n° 2016-811 du 17 juin 2016 relatif au plan régional de by Institut de l'Economie Circulaire. prévention et de gestion des déchets
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Suggested action
• Focus on improving the effectiveness of separate collection to increase recycling rates and reach the targets set at EU level.
• Introduce new economic instruments to implement further the waste hierarchy, i.e. promote prevention, make reuse and recycling more economically attractive, and shift reusable and recyclable waste away from incineration and landfill.
• Complete missing Waste Management Plans in order to cover the whole territory.
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•
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2.Protecting, conserving and enhancing natural capital
Nature and Biodiversity Figure 5: Sufficiency assessment of SCI networks in
France based on the situation until December 2013 (%) 25
The EU Biodiversity Strategy aims to halt the loss of biodiversity in the EU by 2020, restore ecosystems and their services in so far as feasible, and step up efforts to avert global biodiversity loss. The EU Birds and Habitats
Directives aim at achieving favourable conservation status of protected species and habitats.
SDG 14 requires countries to conserve and sustainably use the oceans, seas and marine resources, while SDG 15 requires countries to protect, restore and promote the sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss.
The 1992 EU Habitats Directive and the 1979 Birds
Directive are the cornerstone of the European legislation aimed at the conservation of the EU's wildlife. Natura
2000, the largest coordinated network of protected areas in the world, is the key instrument to achieve and implement the Directives' objectives to ensure the longterm protection, conservation and survival of Europe's most valuable and threatened species and habitats and
the ecosystems they underpin. France has designated almost all sites as Special Areas of Conservation (SACs) and it has defined management
The adequate designation of protected sites as Special plans for almost all of them. France has committed itself
Ares of Conservation (SAC) under the Habitats Directive to designate the remaining sites by mid-2016.
and as Special Protection Areas (SPA) under the Birds
Directive is a key milestone towards meeting the Although a range of species and habitats show a general objectives of the Directives. The results of Habitats stabilisation of their status of conservation – even some Directive Article 17 and Birds Directive Article 12 reports improvements – many of them are still declining and and the progress towards adequate Sites of Community endangered. Coastal habitats, wetlands and water Importance (SCI)-SPA and SAC designation 22 both in land related ecosystems as well as agriculture-related habitats and at sea, should be the key items to measure the are the main threatened ecosystems. The key threats to
performance of Member States. biodiversity are habitat loss and degradation (in particular through urban sprawl, agricultural
In France, there are 1758 Natura 2000 sites, divided in intensification, land abandonment, and intensively
1.366 sites under the Habitats Directive and 392 under managed forests), pollution, over-exploitation (in the Birds Directive. By early 2016, 12.7 % of the national particular fisheries), invasive alien species and climate land area of France is covered by Natura 2000 (EU change. The lack of integration between nature and other average 18.1 %), with Birds Directive SPAs covering ca. 8 policies , in particular in agricultural sector but also, to a % (EU average 12.3 %) and Habitats Directive SCIs lesser extent in urbanisation, transport, energy and covering ca. 9 % (EU average 13.8 %). forestry does not help to tackle the issue, in particular in
The latest assessment of the SCIs part of the Natura 2000
network shows that there are inadequacies in are sufficiently represented by the sites designated to date. This is
designation, especially for the marine components of the expressed as a percentage of species and habitats for which further
network 23 (see Figure 5 24 .) areas need to be designated in order to complete the network in that
country. The current data , which were assessed in 2014-2015, reflect the situation up until December 2013.
24 The percentages in Figure 5 refer to percentages of the total number 22 Sites of Community Importance (SCIs) are designated pursuant to the of assessments (one assessment covering 1 species or 1 habitat in a
Habitats Directive whereas Special Areas of Protection (SPAs) are given biographical region with the Member State); if a habitat type or designated pursuant to the Birds Directive; figures of coverage do not a species occurs in more than 1 Biogeographic region within a given add up due to the fact that some SCIs and SPAs overlap. Special Areas Member State, there will be as many individual assessments as there of Conservation (SACs) means a SCI designated by the Member States. are Biogeographic regions with an occurrence of that species or
23 For each Member State, the Commission assesses whether the habitat in this Member State. species and habitat types on Annexes I and II of the Habitats Directive, 25 European Commission internal assessment.
France 12
a context of global warming and of a spread of Invasive As far as birds are concerned, 56% of the breeding
Alien Species. species showed short-term increasing or stable
According to the latest report on the conservation status population trends (for wintering species this figure was of habitats and species covered by the Habitats also 56%) as shown in Figure 7.
Directive 26 in France, 28% of the species of community Figure 7: Short-term population trend of breeding and interest are in a Favourable Conservation Status (EU 27: wintering bird species in France in 2012 (%) 29
23%) whereas 32% (EU27: 42%) and 24% (EU27: 18%) are respectively in an unfavourable-inadequate and in a unfavourable-bad status. Therefore, 16% remains unknown. As regards the habitats, about 22% of the habitat types of community interest are in a Favourable
Conservation Status (EU 27: 16 %) whereas 38% (EU27:
47%) and 36% (EU27: 30%) are respectively in an unfavourable-inadequate and in an unfavourable-bad status. Only 4% remains unknown.
Figure 6: Conservation status of habitats and species
in France in 2007/2013 (%) 27
In France, the Nature directives are overall well implemented and have reinforced the protection of nature. Indeed:
-
-The Nature directives have reinforced the legal
protection regime in particular by strengthening the French Nature law dated of 1976. The derogation system is correctly used, associating the public where needed, although some reporting problems remain;
-
-The nature directives have created the Natura 2000
network which is, in France, a dedicated and wellstructured policy as well as a means to mobilise the public on biodiversity as the French system well involves the public and stakeholders. Indeed, in France each Natura 2000 site has one so-called "COPIL" (= dedicated ad-hoc steering committee) which is the governance body responsible for establishing conservation objectives (CO) and
This is depicted in Figure 6 28 , which shows a general conservation measures (CM) through the so-called stabilisation of the status of conservation although some "DOCOB" (= dedicated ad-hoc Natura 2000 species and habitats in unfavourable-bad status tend to management plan). All of this is run by local degrade again, due to the aforementioned main threats authorities under the supervision of the State and it
and pressures. is implemented through a dedicated Natura 2000 site manager, financed by European and national funds.
So far in France, Natura 2000 has created around 800 26 The core of the ‘Article 17’ report is the assessment of conservation full-time job equivalents.
status of the habitats and species targeted by the Habitats Directive.
27 These figures show the percentage of biogeographical assessments in
each category of conservation status for habitats and species (one Beyond the legal obligations under the nature directives,
assessment covering 1 species or 1 habitat in a given biographical France has initiated a range of initiatives in line with the
region with the Member State), respectively. The information is EU nature and biodiversity agenda such as: "Trame verte based on Article 17 of the Habitats Directive reporting - national et bleue (Green and Blue Trail (GBT)", "séquence 'éviter,
28 Please note that a direct comparison between 2007 and 2013 data is réduire, compenser'" (a kind of No Net Loss initiative),
complicated by the fact that Bulgaria and Romania were not covered "Grands Prix Natura 2000", etc. For Natura 2000, it has
by the 2007 reporting cycle, that the ‘unknown’ assessments have strongly diminished particularly for species, and that some reported changes are not genuine as they result from improved data/ 29 Article 12 of the Birds Directive reporting - national summary of monitoring methods. France
France 13
also established many tools and material helping to organizations called "groupements d'intérêt économique streamline the approach on the national territory such as et environnemental" (GIEE). All those initiatives aiming at dedicated sectorial assessment methodologies for promoting more sustainable and environmentally friendly habitats and species at site level, national guidance agricultural practices. document for establishing the Natura 2000 management
plans, dedicated Natura 2000 training sessions and The rich and unique fauna and flora in the French
"technical exchanges days" (a national equivalent to the Outermost Regions (ORs) and Overseas Countries and
Natura 2000 biogeographical process). Territories (OCTs) are not covered by Natura 2000. The European Parliament adopted a financing decision to
implement a pilot project on Inventories of Species and Habitats in French ORs (EUR 1 million) and adopted another on Mapping and assessing of ecosystem services which would cover all the ORs and OCTs. Targeted protection measures and adequate financial resources should be devoted to conserving the exceptional wealth of biodiversity in the overseas départements. In its conclusion of 16 December 2015 Environment Council noted the results of the preparatory action on Biodiversity and Ecosystem Services in Territories of European Overseas (BEST), the funding available under the Commission's Best 2.0 Programme, and urged the Commission and the Member States to move forward on
The main challenge in France with regard to the sustainable partnerships dedicated to mobilising implementation of Natura 2000 is to ensure an resources to protect the unique ecosystems and the appropriate financing, both from national and EU funds services they provide in the EU Outermost Regions and as well as to work for a better integration between Overseas Countries and Territories.
nature and agriculture policies. The recent territorial reshuffle in France, together with the fact that the
regions will be leading on biodiversity matters and are Suggested action
now responsible for implementing the European funds,
will constitute challenges and opportunities, in the • Complete the Natura 2000 designation process and context of the bill on recapture of biodiversity, nature ensure that the necessary conservation measures for and landscapes (adoption on 20th July 2016). the sites maintain/restore species and habitats of
Illegal hunting and the determination of hunting period community interest to a favourable conservation status across their natural range.
for bird species protected by the Birds Directive remain a
concern. In particular, for some species (i.e. Ortolan • Strengthen the integration of biodiversity concerns into bunting and geese), the information through complaints other policies (in particular in agriculture, but also in and infringements seem to suggest that the French forestry, urban and infrastructure planning and authorities have lowered the intensity of their control, tourism) and the promotion of concertation between
putting at risk the conservation status of these species. actors. • Ensure the appropriate enforcement of hunting bans
With respect to agriculture, the intensification of for protected bird species. agriculture has significant negative impacts on a number • Continue to support the ongoing work for the of habitats and species. However, recent environmental establishment of a sustainable partnership for initiatives taken by the agriculture ministry i.e. the biodiversity protection, sustainable development and introduction of an agro-ecology project (national and climate change adaptation and mitigation measures in regional) sets significant measures, and plans. For the ORs and the OCTs.
example, this project includes: the implementation of the
Ecophyto II plan aiming to reduce the use of pesticides Estimating Natural Capital
(EUR 41 million each year from 2008 to 2015), the The EU Biodiversity Strategy to 2020 calls on the Member prolongation in 2016 of the 2013 plan for sustainable bee States to map and asses the state of ecosystems and their keeping, the launching of a new plan to develop services in their national territory by 2014, assess the agroforestry30 and the promotion of sustainable and economic value of such services, and promote the collective action among groups of farmers through new integration of these values into accounting and reporting
systems at EU and national level by 2020.
30 See http://agriculture.gouv.fr/sites/minagri/files/1608-ae-synthese The French national ecosystem assessment, the EFESE
France 14
project ("L'Évaluation Française des Écosystèmes et des The EU strategy on green infrastructure 32 promotes the
Services Écosystémiques") has carried out work on incorporation of green infrastructure into related plans physical and ecological assessment of ecosystems and programmes to help overcome fragmentation of services31, the ongoing exploratory works for the habitats and preserve or restore ecological connectivity, development of accounts and a valuation of ecosystem enhance ecosystem resilience and thereby ensure the services. Working groups have been set up in the continued provision of ecosystem services. framework of the Mapping and Assessment of
Ecosystems and their Services (MAES) focusing on Green Infrastructure provides ecological, economic and different ecosystems (forest, wetlands, urban, agrosocial benefits through natural solutions. It helps to
ecosystems, marine, rocks and mountains). understand the value of the benefits that nature provides to human society and to mobilise investments to sustain
The EFESE project gathers different communities. For and enhance them. instance, business is interested in ecosystem services in
particular for green infrastructure. The French Green and Blue Trail (GBT) is a regional planning tool that aims to maintain and restore an
interconnected network allowing animal and plant species to move and complete their life cycle. While the main objective of the GBT is to create a network of ecological continuities, made of ecological corridors and biodiversity reservoirs, they can indirectly contribute to improved ecosystem services and socio-economic benefits. A 2010 law specifies the consequences of GBT registration on environmental management and urban planning in the pursuit of the objective of preserving and restoring good ecological continuity.
A whole governance structure has been set up to deal Many actors are already implementing the GBT at with the mapping and assessment of ecosystems and different levels: national, regional, departmental and their services in France. Current work is focusing on local. The state sets the framework and ensures different ecosystems (forest, wetlands, urban, agroconsistency across the territory. The state and the ecosystems, and marine ecosystems, rocks and regions develop together the "regional ecological mountains). Business is interested in ecosystem services coherence schemes", which are put to public for green infrastructure. An economic assessment has consultation. The departments are piloting the policy in delivered a conceptual framework and the assessment of sensitive natural areas that contribute to the GBT. They pollination service. Other values are being explored and can also carry out ecological connectivity restoration concern less tangible benefits such as spiritual and projects. Local authorities take into account ecological
mental wellbeing. continuity in spatial planning documents and projects, in particular in urban development planning. Companies
Aside from the EFESE project, ecosystem accounting can act by managing their sites to preserve ecological approaches are already implemented for some continuity, as well as by reducing their environmental ecosystems (e.g. forests) and a reflection has been impact. Farmers and foresters play a positive role in initiated about natural capital accounting approaches maintaining ecological continuity. Citizens have the (e.g. : test of the Quick Start Package developed by the possibility to act at their level, individually in their CDB). For instance, options for marine natural capital gardens or as part of an association.
accounting was discussed in a workshop co-organized
with the EEA in the context of the EU KIP-INCA initia tive Soil protection
Suggested action
The EU Soil Thematic Strategy highlights the need to
• Continue support to the mapping and assessment of ensure a sustainable use of soils. This requires the ecosystems and their services, valuation and prevention of further soil degradation and the development of natural capital accounting systems. preservation of its functions, as well as the restoration of
Green Infrastructure degraded soils. The 2011 Road Map for Resource
Efficient Europe, part of Europe 2020 Strategy provides that by 2020, EU policies take into account their direct and indirect impact on land use in the EU and globally,
31 Ecosystem services are benefits provided by nature such as food, clean 32 European Union, Green Infrastructure — Enhancing Europe’s Natural
water and pollination on which human society depends. Capital, COM/2013/0249
France 15
and the rate of land take is on track with an aim to Figure 8 shows the different land cover types in France in achieve no net land take by 2050. 2012.
SDG 15 requires countries to combat desertification, Figure 8: Land Cover types in France in 2012 36
restore degraded land and soil, including land affected by desertification, drought and floods, and strive to achieve a land-degradation-neutral world by 2030.
Soil is an important resource for life and the economy. It provides key ecosystem services including the provision of food, fibre and biomass for renewable energy, carbon sequestration, water purification and flood regulation, the provision of raw and building material. Soil is a finite and extremely fragile resource and increasingly degrading in the EU. Land taken by urban development and infrastructure is highly unlikely to be reverted to its natural state; it consumes mostly agricultural land and increases fragmentation of habitats. Soil protection is indirectly addressed in existing EU policies in areas such as agriculture, water, waste, chemicals, and prevention of industrial pollution.
Artificial land cover is used for settlements, production systems and infrastructure. It may itself be split between built-up areas (buildings) and non-built-up areas (such as linear transport networks and associated areas).
The annual land take rate (growth of artificial areas) as provided by CORINE Land Cover was 0.47% in France over the period 2006-12, well below the EU average (0.41%). It
represented 14,117 hectares per year and was mainly Marine protection driven by industrial and commercial sites as well as The EU Coastal and Marine Policy and legislation require
housing, services and recreation 33 . that by 2020 the impact of pressures on marine waters is
The percentage of built up land in 2009 was 2.79 %, below reduced to achieve or maintain good environmental the EU average (3.23%) 34 . status and coastal zones are managed sustainably.
The soil water erosion rate in 2010 was 2.25 tonnes per SDG 14 requires countries to conserve and sustainably ha per year, close to EU-28 average (2.46 tonnes ) 35 . use the oceans, seas and marine resources for
There are still no EU-wide datasets enabling the provision sustainable development.
of benchmark indicators for soil organic matter decline, The Marine Strategy Framework Directive (MSFD) 37 aims
contaminated sites, pressures on soil biology and diffuse to achieve Good Environmental Status (GES) of the EU's pollution. 15 years ago France set up a scientific interest marine waters by 2020 by providing an ecosystem group on soil (GIS sol). This group manages an approach to the management of human activities with harmonised soil information system providing such impact on the marine environment. The Directive information on French territory (contaminated sites are requires Member States to develop and implement a not in the GIS's scope but are available within another marine strategy for their marine waters, and cooperate national network). with Member States sharing the same marine region or
subregion. An updated inventory and assessment of soil protection
policy instruments in France and other EU Member States As part of their marine strategies, Member States had to is being performed by the EU Expert Group on Soil make an initial assessment of their marine waters,
Protection. determine GES 38 and establish environmental targets by
36 European Environment Agency, 2016. Land cover 2012 and changes 33 European Environment Agency Draft results of CORINE Land Cover country analysis [publication forthcoming]
(CLC) inventory 2012; mean annual land take 2006-12 as a % of 2006 37 European Union, Marine Strategy Framework Directive 2008/56/EC artificial land. 38 The MSFD defines Good Environmental Status (GES) in Article 3 as:
34 European Environment Agency, 2016. Imperviousness and “The environmental status of marine waters where these provide
imperviousness change, Figure 1 ecologically diverse and dynamic oceans and seas which are clean,
35 Eurostat, Soil water erosion rate , Figure 2, accessed November 2016 healthy and productive”
France 16
July 2012. They also had to establish monitoring square kilometres of its marine waters, with 11,668.5 programmes for the on-going assessment of their marine square kilometres in the North Sea, 1,693.9 square waters by July 2014. The next element of their marine kilometres in the Celtic Sea, 20,183.8 square kilometres strategy is to establish a Programme of Measures (2016). in the Bay of Biscay and Iberian coast and 13,566.2
The Commission assesses whether these elements square kilometres in the Western Mediterranean Sea. 39
constitute an appropriate framework to meet the
requirements of the MSFD. In its reports on the implementation of the MSFD
40 , the
Commission provided guidance to assist France in its French marine waters are part of two marine regions, the implementation of the Marine Strategy Framework North East Atlantic Ocean and the Mediterranean Sea Directive. and of four marine sub-regions: the Celtic Seas, the
Greater North Sea, the Bay of Biscay and Iberian Coast, Suggested action
and the Western Mediterranean Sea. France is therefore • Continue work to improve the definitions of GES party to both the Convention for the Protection of the including through regional cooperation by using the Marine Environment and the Coastal Region of the work of the relevant Regional Sea Conventions.
Mediterranean (Barcelona Convention) and the • Address knowledge gaps.
Convention for the protection of the marine environment • Continue to integrate already existing monitoring of the North-East Atlantic (OSPAR Convention). In the programme required under EU legislation and to open ocean areas of the Atlantic, the main threats to implement, where they exist, joint monitoring biodiversity are potentially overfishing, bottom trawling, programmes developed at (sub)regional level, for discards, and pollution resulting from accidents (e.g. oil instance by OSPAR and the Barcelona Convention. spills). The Mediterranean Sea region was identified by • Enhance comparability and consistency of monitoring the EEA in its 2015 State of the Environment report as methods within its marine regions.
one of the main climate change hotspots (i.e. one of the • Enhance the cohesion between approaches in the
areas most responsive to climate change). The
biodiversity of the Mediterranean Sea Region is also Member State's two marine regions. • Ensure that the monitoring programme is appropriate
threatened by pollution from land-based sources such as
discharges of excess nutrients and hazardous substances, to monitor progress towards GES.
marine litter, over-fishing, and degradation of critical habitats.
The determinations of GES adopted by France are mostly in line with the MSFD. They cover most of the indicators and for some descriptors even more, and EU requirements and standards have been systematically used. However, GES is defined qualitatively and not quantitatively. This choice, combined with a lack of baseline and reference conditions, leads to a general lack of clarity about GES. All pressures and impacts on the marine environment are often not clearly and efficiently covered, which can pose problems in terms of environmental targets definition, of monitoring and of establishing a programme of measures.
It is therefore too early to say whether French waters are in good status as there were weaknesses in identifying what "good environmental status" is in the first place.
France also established a monitoring programme of its
marine waters in 2014. However, this monitoring, except 39 For 2016, France has indicated that In 2016 its French marine
for marine litter and underwater noise, needs further protected areas covered 88133 square kilometres of its marine refinement and development to constitute an waters, with 13650 square kilometres in the North Sea, 1695 square
appropriate framework to monitor progress towards kilometres in the Celtic Sea, 21938 square kilometres in the Bay of
Good Environmental Status and environmental targets. Biscay and Iberian coast and 50850 square kilometres in the Western Mediterranean Sea.
More specifically, non-indigenous species monitoring 40Commission Staff Working Document Accompanying the Commission programme needs to be developed and in place before Report on "The first phase of implementation of the Marine Strategy
2020. Framework Directive (2008/56/EC) - The European Commission's
assessment and guidance" ( SWD(21014) 049 final and COM(2014)097
In 2012, French marine protected areas covered 47,112.4 final ) SWD(21014) 049 final and COM(2014)097 final )
France 17
-
3.Ensuring citizens' health and quality of life
currently applicable national emission ceilings 43 .
Air quality Although ammonia emissions increased by 1%, the total
The EU Clean Air Policy and legislation require The EU emissions are still within the currently applicable ceiling. Significant emission reductions for nitrogen oxides (-55%)
Clean Air Policy and legislation require that air quality in
the Union is significantly improved, moving closer to the have also been recorded; nevertheless emissions for this
WHO recommended levels. Air pollution and its impacts pollutant are still 9% above current ceiling. It should be noted that the exceedance of the current ceilings for
on ecosystems and biodiversity should be further
reduced with the long-term aim of not exceeding critical nitrogen oxides is partly due to the actual driving loads and levels. This requires strengthening efforts to emissions of these pollutants from diesel vehicles.
reach full compliance with Union air quality legislation At the same time, air quality in France continues to and defining strategic targets and actions beyond 2020. give cause for severe concern. For the year 2013, the
The EU has developed a comprehensive suite of air European Environment Agency estimated that about 45 120 premature deaths were attributable to fine
quality legislation 41 , which establishes health-based
standards and objectives for a number of air pollutants. particulate matter
44 concentrations, 1 780 to ozone 45
As part of this, Member States are also required to concentration and 8 230 to nitrogen dioxide
46
ensure that up-to-date information on ambient concentrations
47 . This is due also to exceedances above
the EU air quality standards such as shown in Figure concentrations of different air pollutants is routinely
Figure 9: Attainment situation for PM10, NO2 and O3 in 2014
43 The current national emission ceilings apply since 2010 ( Directive
made available to the public. In addition, the National 2001/81/EC ); revised ceilings for 2020 and 2030 have been set by Directive (EU) 2016/2284 on the reduction of national emissions of
Emission Ceilings Directive provides for emission certain atmospheric pollutants, amending Directive 2003/35/EC i and
reductions at national level that should be achieved for repealing Directive 2001/81/EC i. 44
main pollutants. Particulate matter (PM) is a mixture of aerosol particles (solid and liquid) covering a wide range of sizes and chemical compositions.
The emission of several air pollutants has decreased in PM10 (PM2.5) refers to particles with a diameter of 10 (2.5)
France 42 . Reductions between 1990 and 2014 for sulphur micrometres or less. PM is emitted from many human sources, including combustion.
oxides (-87%) and volatile organic compounds (-73%) 45 Low level ozone is produced by photochemical action and it is also a ensure air emissions for these pollutants are within the greenhouse gas.
46 NOx is emitted during fuel combustion e.g. from industrial facilities
and the road transport sector. NOx is a group of gases comprising nitrogen monoxide (NO) and nitrogen dioxide (NO2).
41 European Commission, 2016. Air Quality Standards 47 European Environment Agency, 2016. Air Quality in Europe – 2016
42 See EIONET Central Data Repository and Air pollutant emissions data Report . (Table 10.2, please see details in this report as regards the viewer (NEC Directive) underpinning methodology)
France 18
9 48 . reducing emissions related to energy and heat
For 2014, exceedances above the EU air quality standards generation using solid fuels, to transport and to have been registered related to concentrations of agriculture.
nitrogen dioxide (NO 2 ) in 19 air quality zones and related
to particulate matter (PM Noise 10 ) in 17 air quality zones.
Furthermore, one air quality zone have indicated
exceedances regarding fine particulate matter (PM 2.5 ), for The Environmental Noise Directive provides for a which the limit value has become binding only in 2015. common approach for the avoidance, prevention and Target values are also exceeded for ozone concentrations reduction of harmful effects due to exposure to
in several air quality zones 49 . environmental noise.
The persistent breaches of air quality requirements (for Excessive noise is one of the main causes of health
PM 10 and NO 2 ), which have severe negative effects on issues 52 . To alleviate this, the EU acquis sets out several health and environment, are being followed up by the requirements, including assessing the exposure to European Commission through infringement procedures environmental noise through noise mapping, ensuring covering all the Member States concerned, including that information on environmental noise and its effects is France. The aim is that adequate measures are put in made available to the public, and adopting action plans place to bring all zones into compliance. with a view to preventing and reducing environmental
It is estimated that the external costs from air pollution in noise where necessary and to preserving the acoustic
France are above EUR 37 billion/year (income adjusted, environment quality where it is good.
2010), which include not only the intrinsic value of living a full health life but also direct costs to the economy.
These direct economic costs relate to 12 million workdays lost each year due to sickness related to air pollution, with associated costs for employers of EUR
1,685 million/year (income adjusted, 2010), for healthcare of above EUR 143 million/year (income adjusted, 2010), and for agriculture (crop losses) of EUR
763 million/year (2010) 50 .
In 2017, the city of Paris has unveiled plans to restrict traffic in the French capital and pedestrianize the city centre in an attempt to halve the number of private cars on the roads.
Suggested action France's implementation of the Environmental Noise Directive 53 is significantly delayed. There have been
• Maintain downward emissions trends of air pollutants delays in developing strategic noise maps and action in order to achieve full compliance with currently plans for noise management in both reporting rounds applicable national emission ceilings and air quality (for the reference years 2006 and 2011).
limit values - and reduce adverse air pollution impacts
on health, environment and economy. Suggested action
• Reduce nitrogen oxide (NO x ) emissions to comply with • Accelerate the completion of the missing noise maps currently applicable national emission ceilings 51 and/or and action plans.
to reduce nitrogen dioxide (NO 2 ) (and ozone
concentrations), inter alia, by reducing transport Water quality and management
related emissions - in particular in urban areas.
• Reduce PM 10 emission and concentration, inter alia, by The EU water policy and legislation require that the
48 Based on European Environment Agency, 2016. Air Quality in Europe impact of pressures on transitional, coastal and fresh
– 2016 Report . (Figures 4.1, 5.1 and 6.1)
49 See The EEA/Eionet Air Quality Portal and the related Central Data
Repository 52 WHO/JRC, 2011 , Burden of disease from environmental noise ,
50 These figures are based on the Impact Assessment for the European Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds),
Commission Integrated Clean Air Package (2013) World Health Organization, Regional Office for Europe, Copenhagen,
51 Under the provisions of the revised National Emission Ceilings Denmark
Directive, Member States now may apply for emission inventory 53 The Noise Directive requires Member States to prepare and publish,
adjustments. Pending evaluation of any adjustment application, every 5 years, noise maps and noise management action plans for Member States should keep emissions under close control with a view agglomerations with more than 100,000 inhabitants, and for major to further reductions. roads, railways and airports.
France 19
waters (including surface and ground waters) is A number of pressures affect water bodies in France – in significantly reduced to achieve, maintain or enhance the case of surface waters, 39% are affected by diffuse
good status of water bodies, as defined by the Water source of pollution 57 , 30% by point sources of pollution,
Framework Directive; that citizens throughout the Union 27% by river management, 25% by flow regulation and benefit from high standards for safe drinking and bathing morphological changes and 20% by abstraction. There are water; and that the nutrient cycle (nitrogen and significant regional differences and in some river basin phosphorus) is managed in a more sustainable and districts these pressures affect much higher proportions resource-efficient way. of water bodies, e.g. diffuse sources affect 93% of surface
water bodies in the Scheldt, Somme and coastal waters
SDG 6 encourages countries to ensure availability and of the Channel and the North Sea district and 67% in the
sustainable management of water and sanitation for all. Seine and Normandy coastal waters district and water abstraction affects 38% of surface water bodies in the
The main overall objective of EU water policy and Loire, Brittany and Vendee coastal waters district. legislation is to ensure access to good quality water in
sufficient quantity for all Europeans. The EU water There are certain deficiencies in French River Basin acquis 54 seeks to ensure good status of all water bodies Management Plans concerning the assessment of status. across Europe by addressing pollution sources (from e.g. Programmes of Measures are expected to result in agriculture, urban areas and industrial activities), physical significant improvement of the ecological status of and hydrological modifications to water bodies) and the natural surface water bodies as well as artificial and management of risks of flooding. heavily modified bodies
58
– by 21% and 27% respectively and in improvement of chemical status by 8% and 3%
River Basin Management Plans (RBMPs) are a respectively. The chemical status 59 of groundwater is
requirement of the Water Framework Directive and a expected to improve by 5% and the quantitative status by means of achieving the protection, improvement and 6%. sustainable use of the water environment across Europe.
This includes surface freshwaters such as lakes and rivers, Diffuse pollution from agriculture is the most widespread groundwater, estuaries and coastal waters up to one significant pressure on water bodies (affecting 39% of
nautical mile. water bodies at national level, much more in some river basins), resulting in eutrophication and increased costs of
France has provided information to the Commission from water treatment. The current system of water charging its second generation of RBMPs. However, as the and nitrogen/pesticide taxation provides little incentive Commission has not yet been able to validate this to improve farming practices. Enhanced measures should information for all Member States, it is not reported be taken to more effectively tackle pollution by nutrients here. (nitrogen and phosphorus) with full consideration for the
In its 2010-2015 RBMPs France reported the status of basin-wide impacts and ensuring consistency in actions
10,824 rivers, 439 lakes, 96 transitional, 164 coastal and under the WFD, Nitrates Directive and the CAP.
574 groundwater bodies. Only 44% of natural surface In the case of pesticides, measured concentrations across
water bodies achieve a good or high ecological status 55 the country are generally low. But pesticides are present
and 13% of heavily modified or artificial water bodies in a large number of aquatic ecosystems. In 2013, achieve a good or high ecological potential (25% pesticides were found in 92% of monitoring points of unknown). Only 44% of surface water bodies (33% surface water bodies, with different pesticides being unknown), 28% of heavily modified and artificial water often reported for one monitoring station. Around 30% bodies (47% unknown) and 59% of groundwater bodies of all monitoring points of surface water bodies showed a achieve good chemical status. 89% of groundwater sum of pesticide concentration higher than 0.5 μg/l
bodies are in good quantitative status 56 (annual average).
Some progress has been made in addressing water
54 pollution by nitrates from agricultural sources and This includes the Bathing Waters Directive (2006/7/EC); the Urban
Waste Water Treatment Directive (91/271/EEC) concerning discharges eutrophication but nutrient pollution remains a challenge
of municipal and some industrial waste waters; the Drinking Water especially in area with intensive animal rearing (e.g. Loire
Directive (98/83/EC) concerning potable water quality; the Water Framework Directive (2000/60/EC) concerning water resources management; the Nitrates Directive (91/676/EEC) and the Floods 57 Diffuse pollution comes from widespread activities with no one Directive (2007/60/EC) discrete source, e.g. acid rain, pesticides, urban run-off, etc.
55 Good ecological status is defined in the Water Framework Directive, 58 Many European river basins and waters have been altered by human
in terms of the quality of the biological community, the hydrological activities, such as land drainage, flood protection and building of dams characteristics and the chemical characteristics. to create reservoirs.
56 For groundwater, a precautionary approach has been taken that 59 Good chemical status is defined in the Water Framework Directive in
comprises a prohibition on direct discharges to groundwater, and a terms of compliance with all the quality standards established for requirement to monitor groundwater bodies chemical substances at European level.
France 20
Bretagne basin) and intensive arable farming (e.g. treatment plants and 87.6% of this load was correctly
Parisian basin). treated as regards the secondary treatment requirement.
Following two recent court rulings from the ECJ 60 on the As regards the more stringent treatment that concerned implementation of the Nitrates Directive, France is 45.6% of the collected load, 98.6% of this load collected revising its legal framework and has announced the was correctly treated in accordance with Article 5 of the 64 extension of the areas designated as vulnerable to Urban Waste Water Treatment Directive . The nitrates pollution and the reinforcement of the measures Commission was following-up on a little number of nonin the Action Programmes. A sound and effective legal compliances in specific (small and large) agglomerations. framework is a necessary step towards water quality The estimated investment needs (reported by France objective and the challenge of further developments in under Article 17 of the Urban Waste Water Treatment
agricultural pressures. Directive) to reach full compliance with the Directive are of EUR 817 million 65 .
As regards drinking water, France reaches very high
compliance rates of 99-100 % for microbiological, France has established a transparent waste water policy chemical and indicator parameters laid down in the (accessible here), it has also established a well-organised
Drinking Water Directive 61 . water governance system, based on river basin agencies with local representation and their own funding. The
As shown in Figure 10, in 2015, in France, out of 3,355 above ensures that decisions relative to water bathing waters, 76.0% were of excellent quality, 15.1 % management are taken at a level close to the users, but of good quality, 4.2 % of sufficient quality. 95 bathing also that all water users contribute to the cost of waters were of poor quality or non-compliant while it mitigation and restoration measures. Even if was not possible to assess the remaining 63 bathing improvements are possible in terms of implementation,
waters. 62 France is one of the countries that have bathing the system in place is, in many respects, a good example waters in rivers where it is more difficult to maintain the at European level.
good and excellent quality. Flood risk areas have already been identified and mapped
Figure 10: Bathing water quality 2012 – 2015 63 in France. France is hit regularly by flooding incidents
with serious economic damage costs.
Management and prevention of floods is an area where potentially more economical nature-based solutions could improve resource efficiency through reducing costs and delivering multiple benefits.
Suggested action
• Improve monitoring and assessment methods to resolve some uncertainties about the water status.
• Use feedback from the first RBMP and Programmes of measures to improve effectiveness of measures.
• Enhance measures to tackle the diffuse pollution from agriculture (nitrates).
Enhancing the sustainability of cities
The implementation of the Urban Waste Water The EU Policy on the urban environment encourages
Treatment Directive is overall satisfactory in France. In cities to implement policies for sustainable urban
2012, in France, 100% of the waste water load was planning and design, including innovative approaches for connected to a collecting system. Thus, 100% of the load urban public transport and mobility, sustainable was compliant in accordance with Article 3 of the buildings, energy efficiency and urban biodiversity Directive. 99.5% of the load collected is entering the conservation.
SDG11 aims at making cities and human settlements 60 ECJ ruling C-193/12 of 13/06/2013 on NVZ designation in France and inclusive, safe, resilient and sustainable.
ECJ ruling C-237/12 of 4/09/2014 on the Action programmes.
61 Commission's Synthesis Report on the Quality of Drinking Water in
the Union examining Member States' reports for the 2011-2013 period , foreseen under Article 13(5) of Directive 98/83/EC i; 64 European Commission, Eighth Report on the Implementation Status COM(2016)666 i and the Programmes for Implementation of the Urban Waste Water
62 European Environment Agency, 2016. European bathing water quality Directive (COM (2016)105 final) and Commission Staff Working
in 2015 Document accompanying the report (SWD(2016)45 final ).
63 See footnote 55. 65 See footnote 57.
France 21
Europe is a Union of cities and towns; around 75% of the been created composed of a network of actors putting in
EU population are living in urban areas. 66 The urban common disciplines, expertise, and means to bring
environment poses particular challenges for the systemic sustainable solutions for cities by combining environment and human health, whilst also providing different approaches and fostering interdisciplinary opportunities and efficiency gains in the use of resources. solutions among the industry and public actors. This
The Member States, European institutions, cities and integrated approach will also focus on research and stakeholders have prepared a new Urban Agenda for the training.
EU (incorporating the Smart Cities initiative) to tackle France has put in place a label (EcoQuartier) that certifies these issues in a comprehensive way, including their the sustainability of city areas by the quality of connections with social and economic challenges. At the governance (associating citizens, representatives, NGOs heart of this Urban Agenda will be the development of with tools for guaranteeing quality follow-up of projects) twelve partnerships on the identified urban challenges, and promoting responsible management of resources
including air quality and housing 67 . and adaptation to climate change. 49 areas have been
The European Commission will launch a new EU labelled at this stage.
benchmark system in 2017 68 . As from 1st July 2016, Paris has forbidden circulation
The EU stimulates green cities through awards and between 8am and 8pm to a large range of 4 wheeled funding, such as the EU Green Capital Award aimed at motor vehicles entered into service before 1997 and 2 cities with more than 100,000 inhabitants and the EU wheels vehicles entered into service before 1999; other Green Leaf initiative aimed at cities and towns, with diesel oriented restrictions will be implemented between 20,000 and 100,000 inhabitants. progressively by 2020.
International agreements
The EU Treaties require that the Union policy on the environment promotes measures at the international level to deal with regional or worldwide environmental problems.
Most environmental problems have a transboundary nature and often a global scope and they can only be addressed effectively through international co-operation. International environmental agreements concluded by the Union are binding upon the institutions of the Union and on its Member States. This requires the EU and the
France has allocated EUR 881 million under the European Member States to sign, ratify and effectively implement
Regional Development Fund (ERDF) to sustainable urban all relevant multilateral environmental agreements development (SUD), on which the share dedicated to (MEAs) in a timely manner. This will also be an important environmental issues is predominant. 250 cities have contribution towards the achievement of the SDGs, taken engagements on sustainable strategies for urban which Member States committed to in 2015 and include development. For example, Ile-de-France Region (which many commitments contained already in legally binding includes Greater Paris) will dedicate 20% of its whole agreements.
operational program to SUD. The fact that some Member States did not sign and/or
In its Energy Transition act of 2015, France has put up an ratify a number of MEAs compromises environmental objective of zero pesticide in all the public spaces of implementation, including within the Union, as well as urban areas in France. This will forbid the use of the Union’s credibility in related negotiations and phytosanitary products by public authorities on the road international meetings where supporting the network and on public spaces from the 1 January 2017. participation of third countries to such agreements is an
In 2015, an Institute for sustainable city (Vivapolis) has established EU policy objective. In agreements where voting takes place it has a direct impact on the number of
votes to be cast by the EU.
66 European Environment Agency, Urban environment
67 France has signed and ratified almost all MEAs. It has http://urbanagendaforthe.eu/
68 The Commission is developing an Urban Benchmarking and signed but not yet ratified the Protocol on Strategic
Monitoring ('UBaM') tool to be launched in 2017. Best practices Environmental Assessment to the Espoo Convention and
emerge and these will be better disseminated via the app featuring the UBaM tool, and increasingly via e.g. EUROCITIES, ICLEI, CEMR, Committee of the Regions, Covenant of Mayors and others.
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the Nagoya Protocol 69 .
France, a diverse country in particular thanks to its overseas and Mediterranean area, has included a chapter on the Nagoya Protocol in its Biodiversity Act that has been adopted in July 2016. This chapter contains national access measures to French genetic resources and traditional knowledge, compliance measures with the
Nagoya Protocol (implementation of the EU Regulation
511/2014) and an article allowing the Government to ratify the Nagoya Protocol.
69 Protocol on Access to Genetic Resources and the Fair and Equitable
Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity.
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Part II: Enabling Framework: Implementation Tools
-
4.Market based instruments and investment
Green taxation and environmentally harmful terms). This is equivalent to an additional 0.84% and 1.43
subsidies % of GDP in 2018 and 2030, respectively.
The largest potential source of revenue would come from
The Circular Economy Action Plan encourages the use of the suggested increase in vehicle taxes. This would financial incentives and economic instruments, such as account for EUR 26.75 billion in 2030 (real 2015 terms), taxation to ensure that product prices better reflect equivalent to 0.95% of GDP.
environmental costs. The phasing out of environmentally
harmful subsidies is monitored in the context of the The next largest contribution to revenue would come
European Semester and in national reform programmes from the proposed amendments to the taxes on submitted by Member States. transport fuels. This would make EUR 7.06 billion in 2030
(real 2015 terms), equivalent to 0.25% of GDP. Taxing pollution and resource use can generate increased
revenue and bring important social and environmental The suggested passenger aviation tax would account for benefits. EUR 2.57 billion in 2030 (real 2015 terms), equivalent to
0.09% of GDP. In 2014, revenue from environmental taxes in France was
equivalent to 2.05% of GDP. This has increased over the Figure 11: Environmental tax revenues as a share of past decade almost matching the previous 11 year high of total revenues from taxes and social contributions 2.06% in 2003. It is still below the EU average (2.46%). In (excluding imputed social contributions) in 2014
72
the same year environmental tax revenues accounted for
4.47% of total revenues from taxes (excluding socialsecurity contributions) (EU 28 average: 6.35%) as shown in Figure 11. The largest proportion of environmental tax revenues were collected through taxes on energy, at
1.63% of GDP. This has risen slightly since 2012, but is still below the level for the EU-28. Transport taxes (excl. transport fuels) comprised 0.28% of GDP in the same year, again, well below the level for the EU-28. Taxes on pollution and resources made up 0.15% of GDP. This has stayed relatively constant over the past decade, and is slightly higher than the level for the EU-28.
A 2016 study shows that there is considerable potential for shifting taxes from labour to environmental taxes in
France 70 . Under a good practice scenario 71 , t he
amount could be as much as EUR 19.31 billion in 2018, rising to EUR 40.21 billion in 2030 (both in real 2015
70 Eunomia Research and Consulting, IEEP, Aarhus University, ENT, 2016.
Study on Assessing the Environmental Fiscal Reform Potential for the
EU28. N.B. National governments are responsible for setting tax rates
within the EU Single Market rules and this report is not suggesting concrete changes as to the level of environmental taxation. It merely
presents the findings of the 2016 study by Eunomia et al on the
potential benefits various environmental taxes could bring. It is then
for the national authorities to assess this study and their concrete
impacts in the national context. A first step in this respect, already
done by a number of Member States, is to set up expert groups to In its 2016 budget, the country continues to increase
assess these and make specific proposals.
71 The good practice scenario means benchmarking to a successful taxation practice in another Member State. 72 Eurostat, Environmental tax revenues , accessed October 2016
France 24
environmental taxation. The carbon tax will be raised their life-cycle when compared to goods, services and from 14.5 to 22 EUR /tCO2 in 2016 and 30,5 EUR /tCO2 in works with the same primary function that would 2017 with the objective to reach 56 EUR /tCO2 in 2020 otherwise be procured. and 100 EUR /tCO2 in 2030. In addition, the taxation gap
between diesel and petrol will be further reduced (this The purchasing power of public procurement equals to has also been underlined by the OECD 73 ). approximately 14% of GDP
75
. A substantial part of this money is spent on sectors with high environmental As a result of these two measures, excise duties on diesel impact such as construction or transport, so GPP can help has increased more than for unleaded petrol in 2016 to significantly lower the impact of public spending and (0.0299 EUR /litre and 0.0171 EUR /litre respectively). foster sustainable innovative businesses. The Commission
The gap between petrol (E10 quality) and diesel fuel was has proposed EU GPP criteria 76 .
reduced by 0,02 EUR/L in 2015 and by 0,03 EUR/L in
2016. Including the carbon component, excise duties on The National Action Plan on Sustainable Public diesel thus rose from 0,4284 EUR/L in 2014 to 0,4981 Procurement is the national strategy on GPP of France. EUR/L in 2016 whereas excise duties on petrol rose from This action plan was adopted and published in March 0,6069 EUR/L in 2014 to 0,6212 EUR/L in 2016. The gap 2015. At the national level the Action Plan aim to will be further reduced in 2017 to only 0,10 EUR/L (with increase the share of environmental aspects in public
0,5307 EUR/L for diesel and 0,6307EUR/L for petrol. procurement (6.7 % in 2013 in tenders above EUR 90,000 ex tax). The objective of the Action Plan is to reach 30 %
The diesel/petrol tax ratio is currently standing at 80% in the whole public procurement.
(84% in 2014). In 2015, France was one of the few EU
Member States without circulation tax for passenger There are legal objectives concerning: vehicles, cars. However it should be noted that France implements dematerialized communication technology, sustainably motorway charges whereas in some European countries managed wood, organic and sustainably-made food, the
motorways are free. development of car-sharing transportation, and the making of a carbon footprint on the State buildings.
France is closing the gap with the EU average in terms of
environmental taxation but scope for improvement Investments: the contribution of EU funds
remains, such as removing the taxation gap between
diesel and petrol fuel. European Structural and Investment Funds Regulations
In order to accelerate the phasing out of coal in France, a provide that Member States promote environment and carbon price floor will be implemented in the French climate objectives in their funding strategies and power sector in 2017. This national initiative is meant to programmes for economic, social and territorial have a political ripple effect on other European cohesion, rural development and maritime policy, and governments that would facilitate the introduction of soft reinforce the capacity of implementing bodies to deliver price collar on the European carbon market as cost-effective and sustainable investments in these areas.
recommended in the Canfin-Grandjean-Mestrallet report Making good use of the European Structural and
-
-Aligning carbon pricing with the Paris Agreement Investment Funds (ESIF) 77 is essential to achieve the
(2016). Enhancing carbon pricing at the EU level, by environmental goals and integrate these into other policy fixing the price signal on the EU-ETS in particular, is areas. Other instruments such as the Horizon 2020, the
critical to trigger low-carbon investments and meet the
ambitious EU climate commitments. LIFE programme and the EFSI
78 may also support
implementation and spread of best practice.
Revenues from transport taxes are significantly lower in
France 74 than average in the EU (at 0.28% of GDP France has ERDF funding of EUR 8,426 million over the
compared with the EU-28 level of 0.49% GDP). 2014-2020 programming period, and plans to use over EUR 1 billion or 15.0% to support directly environmental
Green Public Procurement
75 European Commission, 2015. Public procurement
The EU green public procurement policies encourage 76 In the Communication “Public procurement for a better environment”
Member States to take further steps to reach the target (COM /2008/400) the Commission recommended the creation of a
of applying green procurement criteria to at least 50% of process for setting common GPP criteria. The basic concept of GPP relies on having clear, verifiable, justifiable and ambitious
public tenders. environmental criteria for products and services, based on a life-cycle
Green Public Procurement (GPP) is a process whereby approach and scientific evidence base.
public authorities seek to procure goods, services and 77 ESIF comprises five funds – the European Regional Development
works with a reduced environmental impact throughout Funds (ERDF), the Cohesion Fund (CF), the European Social Fund (ESF), the European Agricultural Fund for Rural Development (EAFRD), and
the European Maritime and Fisheries Fund (EMFF). The ERDF, the CF and the ESF together form the Cohesion Policy funds.
73 Examen environnementaux de l'OCDE, France, 2016, p. 147. 78 European Investment Bank, 2016 European Fund for Strategic
74 Eurostat, Environmental tax revenues , accessed June 2016 Investments
France 25
projects (under the "thematic objective n°6", see figure Figure 12: European Structural and Investment Funds
12). The spending will come mainly in the areas of: 2014-2020: Budget France by theme, EUR billion 80
− Protection and enhancement of biodiversity and nature protection.
− Adaptation to climate change measures and prevention of climate change,
− Rehabilitation of industrial sites and contaminated land
− Household waste management: thermal treatment and incineration (in the overseas departments),
− Waste water treatment (in the overseas departments).
It is too early to draw conclusions as regards the use and results of ESIF for the period 2014-2020, as the relevant programmes are still in an early stage of their implementation.
During the previous planning period 2007-2013 in France, a similar sum was devoted to environmental projects, but a much smaller percentage (8.5%). Current data suggest that the EU funds for the 2007-2013 period were almost
fully spent 79 .
France has EARDF funding of EUR 9,909 million over the
period 2014-2020 (before the first modification and The contribution of the 30 regional development plans before flexibility between the two pillars of the CAP (RDPs), for the first time at regional level and first time which is reported to be 3-3.3% per year). The budget for steered by regional councils, including three national agro-environmental-climate measures AECM represents RDPs and 27 regional, is very diverse to cover 10% of the total EAFRD and is one of the ten lowest % environmental pressures.
allocations (EU average is 16.51%). However AEC
measures receive the third largest share of the total A large part of the funds is managed at national level so
EAFRD in France, and the forecasted national budget will there is little latitude to manoeuvre with regard to be doubled in comparison with the previous measures dedicated to young farmers, organic programming period 2007-2013. Taking into account the production, or natural constraints (which represents up budget dedicated to measures in favour of organic to 2/.3 of total funds in some regions).
farming (which are now implemented according to a As regards to AEC measures, the national framework dedicated article of the regulation 1305/2013 i), the total contains around 70 types of operation (TOs) validated by budget dedicated to these measures is expected to the European Commission, addressing various increase from 180 M€/year during the period 2007-2013 environmental issues. The content of the measures has to 360 M€/year on the current programming period. been discussed since 2012 in partnership with all Besides, the 55.87% rate for P4 (one of the 6 priorities of stakeholders involved (ministries of agriculture and EAFRD focused on water, biodiversity and soil environment, managing authorities, representatives of protection,) includes the high contribution for less farmers, NGOs, scientists and technical experts).
favoured areas LFA under measure 13: P4 should be
reduced at 20% without LFA. France faces environmental Each managing authority specifies the strategy of pressures on air (in particular ammonia emissions from intervention for its region in the Rural Development agriculture), biodiversity (by ensuring consistency with Program (according to the needs identified by a SWOT the prioritised action framework PAF at regional level) analysis), by identifying the areas with environmental and soil (25% of the territory likely to be affected by issues and the TOs that can be used in these areas to landslides). Irrigation represents a significant pressure on address the issues. In addition, the content of some TOs
the water resource in the southern part of the country. of the national framework can be adjusted according to regional or sub-regional specificities.
Within each region, local operators submit agri
79 Final data for the period 2007-2013 will only be available at the end 80 European Commission, European Structural and Investment Funds of 2017. Data By Country
France 26
environmental-climate projects within the areas identified by the managing authority, in response to call for projects. The managing authority selects the projects which are the most relevant as regards to the environmental issues of the territory. .
In southern regions, where water resources are limited in summer, a number of water storage projects (in particular to reduce water withdrawals in summer) and possibly new irrigated areas are being considered. Their implementation will depend on dialogue with local populations and institutions and the projects will have to comply with the environmental regulations and financing rules in place in particular water framework Directive
(WFD) and art 46 of EAFRD Regulation. Additional measures going beyond the obligations under the
Nitrates Directive and the WFD need to be considered, in particular in the course of RDP modifications As in others
EU countries, direct payments represent most of French farmers support (except on less favoured areas). The issue of the environment has progressively been introduced for direct payment by conditionality and greening. However the large choice for EFA with no indication whether inputs are allowed and the equivalence with maize monoculture for diversification, might undermine the environment impact of the greening.
France 27
-
5.Effective governance and knowledge
and the governance of the enforcement process. SDG 16 aims at providing access to justice and building effective, accountable and inclusive institutions at all
levels. SDG 17 aims at better implementation, improving Capacity to implement rules policy coordination and policy coherence, stimulating It is crucial that central, regional and local science, technology and innovation, establishing administrations have the necessary capacities and skills
partnerships and developing measurements of progress. and training to carry out their own tasks and co-operate and co-ordinate effectively with each other, within a
Effective governance of EU environmental legislation and system of multi-level governance.
policies requires having an appropriate institutional
framework, policy coherence and coordination, applying The 2013 European Quality of Government Index (EQI) legal and non-legal instruments, engaging with nonputs France in 10th place out of the 28 Member States
82 .
governmental stakeholders, and having adequate levels The EQI shows notable cross-regional variation in France: of knowledge and skills 81 . Successful implementation with high performing regions (e.g. Brittany) ranking depends, to a large extent, on central, regional and local amongst the top EU regions, whilst others perform below government fulfilling key legislative and administrative the EU average.
tasks, notably adoption of sound implementing legislation, co-ordinated action to meet environmental objectives and correct decision-making on matters such as industrial permits. Beyond fulfilment of these tasks, government must intervene to ensure day-to-day compliance by economic operators, utilities and individuals ("compliance assurance"). Civil society also has a role to play, including through legal action. To underpin the roles of all actors, it is crucial to collect and share knowledge and evidence on the state of the environment and on environmental pressures, drivers
and impacts. Impact assessments are important tools to ensure
Equally, effective governance of EU environmental environmental integration in all government policies.
83
legislation and policies benefits from a dialogue within The transposition of the revised EIA Directive
84 will be an
Member States and between Member States and the opportunity to streamline the regulatory framework on
Commission on whether the current EU environmental environmental assessments. The Commission encourages legislation is fit for purpose. Legislation can only be the streamlining of the environmental assessments properly implemented when it takes into account because this approach reduces duplication and avoids experiences at Member State level with putting EU unnecessary overlaps in environmental assessments commitments into effect. The Make it Work initiative, a applicable for a particular project. Moreover, Member State driven project, established in 2014, streamlining helps reducing unnecessary administrative organizes a discussion on how the clarity, coherence and burden and accelerates decision-making, without structure of EU environmental legislation can be compromising the quality of the environmental improved, without lowering existing protection assessment procedure. The Commission has issued a standards. guidance document in 2016 regarding the setting up of
coordinated and/or joint procedures that are
Effective governance within central, regional simultaneously subject to assessments under the EIA and local government Directive, Habitats Directive, Water Framework Directive,
Those involved in implementing environment legislation at Union, national, regional and local levels need to be equipped with the knowledge, tools and capacity to
improve the delivery of benefits from that legislation, 82 Charron N., 2013. European Quality of Government Index (EQI)
83
Article 11 of the TFEU provides that "Environmental protection
81 The Commission has work ongoing to improve the country-specific requirements must be integrated into the definition and
implementation of the Union's policies and activities, in particular
knowledge about quality and functioning of the administrative with a view to promoting sustainable development."
systems of Member States. 84 The transposition of Directive 2014/52 i/EU is due in May 2017.
France 28
and the Industrial Emissions Directive 85 . of this body 86 .
France has recently revised its legislation relating to the
Coordination and integration regional organisation of the consultative authority having
Priority Goal no. 7 of the 7th Environment Action environmental responsibilities in order to align it to
Programme aims to "improve environmental integration Directive 2001/42/EC i (SEA). A body representing the and policy coherence". This objective underlines the national environmental authority will be set up in each of challenge of a more effective integration of the 13 Regions. These bodies will be functionally environmental and climate issues in other policies, and separated from the public authorities in charge of more consistent strategic and coordinated approaches. It approving plans and programmes with environmental is further stated that this requires: effects.
"(i) integrating environmental and climate-related Such a step should be taken regarding the 2011/92 EIA conditionalities and incentives in policy initiatives, Directive in the framework of the transposition of its including reviews and reforms of existing policy, as well amending Directive (2014/52).
as new initiatives, at Union and Member State level; […] Suggested action
(v) addressing potential trade-offs in all policies in order
to maximise synergies and avoid, reduce and, if possible, • Ensure that the opinion on the assessment of the remedy unintended negative effects on the effects of certain public and private projects on the environment." environment referred to in Article 6 of the EIA Directive
as amended is delivered by a functionally independent
This is an important aspect of French policy. authority.
To ensure the coherence and integration of
environmental issues into all government policies, France Compliance assurance
has set up a system involving all ministries and stakeholders in society. The National Ecological
Transition Council (CNTE) includes representatives of EU law generally and specific provisions on inspections, environmental protection associations, trades unions, other checks, penalties and environmental liability help employers' organizations, and associations representing lay the basis for the systems Member States need to civil society, local authorities and parliamentarians. The have in place to secure compliance with EU CNTE is consulted on national legislation and strategies environmental rules.
on sustainable development. Public authorities help ensure accountability of duty
Its task is also to prepare and follow environmental holders by monitoring and promoting compliance and by conferences. These annual conferences are an taking credible follow-up action (i.e. enforcement) when opportunity for stakeholders to discuss directly with breaches occur or liabilities arise. Compliance monitoring Ministers the Government's work program on ecological can be done both on the initiative of authorities transition. The implementation of the roadmaps it themselves and in response to citizen complaints. It can produces are subject to regular monitoring by the involve using various kinds of checks, including members of the CNTE, for which each department is inspections for permitted activities, surveillance for accountable for the progress of commitments. More possible illegal activities, investigations for crimes and generally, the Interministerial Delegate for Sustainable audits for systemic weaknesses. Similarly, there is a range Development coordinates public policy for ecological of means to promote compliance, including awarenesstransition through the network of Senior Officials for raising campaigns and use of guidance documents and Sustainable Development in each ministry. Impact online information tools. Follow-up to breaches and assessments are important tools to ensure liabilities can include administrative action (e.g. environmental integration in all government policies. withdrawal of a permit), use of criminal law
87 and action
under liability law (e.g. required remediation after
An autonomous national environmental authority damage from an accident using liability rules) and provides opinions on the environmental impact contractual law (e.g. measures to require compliance assessment of major public plans and projects at national with nature conservation contracts). Taken together, all level (CGEDD). The OECD has highlighted the importance of these interventions represent "compliance assurance"
as shown in Figure 13.
Best practice has moved towards a risk-based approach
85 European Commission, 2016. Commission notice — Commission at strategic and operational levels in which the best mix
guidance document on streamlining environmental assessments conducted under Article 2(3) of the Environmental Impact Assessment Directive (D irective 2011/92/EU of the European Parliament and of 86 Examen environnementaux de l'OCDE, France, 2016, p. 17. the Council, as amended by Directive 2014/52 i/EU). 87 European Union. Environmental Crime Directive 2008/99/EC .
France 29
of compliance monitoring, promotion and enforcement is − Use of electronic databases at national and regional directed at the most serious problems. Best practice also level for sharing inspections reports and measures recognises the need for coordination and cooperation taken to ensure compliance; between different authorities to ensure consistency, − Moves towards standardisation of tools for industrial avoid duplication of work and reduce administrative inspections, such as methodologies for site visits, burden. Active participation in established pan-European checklists and formal internal procedures for networks of inspectors, police, prosecutors and judges, response to accidents and complaints;
such as IMPEL 88 , EUFJE 89 , ENPE 90 and EnviCrimeNet 91 , is a − Use of a set of performance indicators for evaluation
valuable tool for sharing experience and good practices. of effectiveness of inspection services which include
Figure 13: Environmental compliance assurance parameters related not only to classic inspection work but also to enforcement activities and
compliant handling 94
− Support for technical specialisation, including training for police officers dealing with
environmental crime 95 .
Up-to-date information is lacking in relation to the following: − the extent to which risk-based methods are used to direct compliance assurance relation to specific problem-areas highlighted elsewhere in this Country Report, i.e. illegal landfills, the threats to protected habitat types and species, air quality breaches and the pressures on water quality from point and diffuse pollution, including deficient urban waste
Currently, there exist a number of sectoral obligations on water treatment infrastructure. inspections and the EU directive on environmental
liability (ELD) 92 provides a means of ensuring that the France has recognised the added value of structured
"polluter-pays principle" is applied when there are mechanisms for inter-agency coordination. For instance, accidents and incidents that harm the environment. the OCLAESP, a national office located within the There is also publically available information giving Gendarmerie, was established to co-ordinate insights into existing strengths and weaknesses in each enforcement on environmental and public health crime Member State. across enforcement agencies, including Customs and the
For each Member State, the following were therefore National Hunting and Wildlife Agency (ONCFS). France is reviewed: use of risk-based compliance assurance; active within IMPEL and was amongst the founders of coordination and co-operation between authorities and ENPE.
participation in pan-European networks; and key aspects For the reporting period 2007-2013, France has not of implementation of the ELD based on the Commission's reported one single incident of environmental damage recently published implementation report and REFIT dealt with under the Environmental Liability Directive.
evaluation. 93 The country has developed guidance for the application
France has established a range of positive measures to of the Directive with a strong focus on how to achieve underpin compliance assurance, exemplified by the effective remediation, but it applies a very high threshold following: of damage before the Directive is considered to apply. − Preparation of annual national action plans with There is no mandatory financial security and, while the
thematic priorities and multiannual strategic availability of environmental liability insurance schemes
programmes for individual industrial sectors; continues to grow, evidence of take-up by operators is lacking.
88 European Union Network for the Implementation and Enforcement Suggested action
89 European Union Forum of judges for the environment • Improve transparency on the organisation and
90 The European Network of Prosecutors for the Environment
91 EnviCrimeNet
92 European Union, Environmental Liability Directive 2004/35/CE 94 See for details, 'Ensuring Environmental Compliance. Trends and
93 COM(2016)204 final and COM(2016)121 final of 14.4.2016. This Good Practices', OECD 2009, p. 113f. highlighted the need for better evidence on how the directive is used 95 For instance, within the Gendarmerie itself, about 800 officers across
in practice; for tools to support its implementation, such as guidance, the country have received specialised training on wildlife crime. See training and ELD registers; and for financial security to be available in 'Ensuring Environmental Compliance. Trends and Good Practices', case events or incidents generate remediation costs. OECD 2009, p. 115 and 123.
France 30
functioning of compliance assurance and on how ensure that they are not prohibitively expensive. significant risks are addressed, as outlined above.
• The implementation of the Environmental Liability
Directive (ELD) should be linked to the establishment of a national register of ELD incidents. It should moreover take further steps to ensure that the environmental liability insurance schemes keep growing in terms of
offer and demand. Access to information and knowledge
Public participation and access to justice The Aarhus Convention and related EU legislation on access to information and the sharing of spatial data
The Aarhus Convention, related EU legislation on public require that the public has access to clear information on participation and environmental impact assessment, and the environment, including on how Union environmental the case-law of the Court of Justice require that citizens law is being implemented. and their associations should be able to participate in
decision-making on projects and plans and should enjoy It is of crucial importance to public authorities, the public
effective environmental access to justice. and business that environmental information is shared in an efficient and effective way. This covers reporting by
Citizens can more effectively protect the environment if businesses and public authorities and active they can rely on the three "pillars" of the Convention on dissemination to the public, increasingly through Access to Information, Public Participation in Decisionelectronic means. making and Access to Justice in Environmental Matters
("the Aarhus Convention"). Public participation in the The Aarhus Convention
97 , the Access to Environmental
administrative decision making process is an important Information Directive
98 and the INSPIRE Directive 99
element to ensure that the authority takes its decision on together create a legal foundation for the sharing of the best possible basis. The Commission intends to environmental information between public authorities examine compliance with mandatory public participation and with the public. They also represent the green part of requirements more systematically at a later stage. the ongoing EU e-Government Action Plan
100 . The first
two instruments create obligations to provide Access to justice in environmental matters is a set of information to the public, both on request and actively. guarantees that allows citizens and their associations to The INSPIRE Directive is a pioneering instrument for challenge acts or omissions of the public administration electronic data-sharing between public authorities who before a court. It is a tool for decentralised can vary in their data-sharing policies, e.g. on whether implementation of EU environmental law. access to data is for free. The INSPIRE Directive sets up a
For each Member State, two crucial elements for geoportal which indicates the level of shared spatial data effective access to justice have been systematically in each Member State – i.e. data related to specific reviewed: the legal standing for the public, including locations, such as air quality monitoring data. Amongst
NGOs and the extent to which prohibitive costs represent other benefits it facilitates the public authorities' a barrier. reporting obligations.
The French system of administrative appeal/judicial For each Member State, the accessibility of review in the environmental area is based on a clear set environmental data (based on what the INSPIRE Directive of rules that ensure legal certainty for all potential envisages) as well as data-sharing policies ('open data') litigants in terms of predictability and transparency of have been systematically reviewed.
rules related to access to justice. However, the costs for The 2016 OECD Environmental Performance Reviews court procedures remain high in particular due to states that "access to environmental information is of mandatory legal representation before the courts of good quality: it is supported both by the role played by major jurisdiction. These costs may constitute a barrier to MEEM’s [ministry in charge of environment] Observation access to the court in particular for small NGO, in case and Statistics Department in circulating information and
they do not qualify for legal aid 96 . by the many online data portals set up in recent years
Suggested action France's performance on the implementation of the
• Evaluate the costs of legal challenges involving EU 97
environmental law and pursue efforts in order to European Union, Directive 2003/4/EC on public access to environmental information
98
European Union, INSPIRE Directive 2007/2/EC
99 http://inspire.ec.europa.eu 96 100 European Union, EU eGovernment Action Plan 2016-2020
See study on access to justice in environmental matters: Accelerating the digital transformation of government COM(2016) http://ec.europa.eu/environment/aarhus/access_studies.htm# 179 final
France 31
INSPIRE Directive as enabling framework to actively disseminate environmental information to the public is good. France has indicated in the 3-yearly INSPIRE
implementation report 101 that the necessary data-sharing
policies allowing access and use of spatial data by national administrations, other Member States' administrations and EU institutions without procedural obstacles are available and implemented. No fundamental obstacles have been identified that impede data-sharing between authorities. The coming years
France is likely to adopt an open data policy as part of
"Towards a digital Republic" project that is currently under debate in the French Parliament.
Assessments of monitoring reports 102 issued by France
and the spatial information that France has published on
the INSPIRE geoportal 103 indicate that not all spatial
information needed for the evaluation and implementation of EU environmental law has been made available or is accessible. The larger part of this missing spatial information consists of the environmental data required to be made available under the existing reporting and monitoring regulations of EU environmental law.
Suggested action
• Identify and document all spatial data sets required for the implementation of environmental law, and make the data and documentation at least accessible 'as is' to other public authorities and the public through the digital services foreseen in the INSPIRE Directive.
101 European Commission, INSPIRE reports