The desire to simplify the environmental regulatory framework displayed by the Macron Law emphasises the already-existing challenges to strict environmental law in the presence of economic incentives for growth. 

  • The "simplification" of environmental law
    • For the purpose of simplification of environmental law, the government is able to adopt by order ("ordonnance") any measure intended to i) expedite the processing of construction and development projects, particularly projects "in favour of the ecological transition", ii) reform the environmental assessment of projects, plans and programs, iii) reform the public information and participation procedures within the development of projects, plans and programs and iv) accelerate dispute settlements related to projects that are likely to have an environmental impact. 
  • The development of the experience of the single authorisation for ICPE
    • The single authorisation for environmentally-protected facilities (known in France under the acronym "ICPE") is extended to nationwide projects of major interest for the economic activity. The government can also, by order, apply this experiment to facilities, structures, works and activities (known in France under the acronym "IOTA") submitted to legislation on water resources. 
  • The development of the experiment of project certificate
    • Project certificate is extended to the Ile-de- France region for projects of major interest for the economic activity and to the Rhône-Alpes region for projects of major regional interest in the rail sector. 
  • The reduction of the time-limit to challenge the authorisation for livestock facilities
    • The time-limit to challenge the authorisation granted to a livestock facility is reduced to four months, without the possibility of extension. The starting point being the publication or display of the authorisation decision (the opening of the facility has no effect on the starting point for the challenge period). 
  • The demolition of buildings following the cancellation of the building permit is limited to certain legally-defined areas
    • The power of a civil court to order the demolition of a building following cancellation of the building permit in a finding of ultra vires of the administrative court will be limited to certain areas (such as Natura 2000 sites, areas contained in a plan to prevent natural, technological or mining hazards, or areas for the promotion of architecture and heritage). 
  • New powers for the French Nuclear Safety Authority
    • The French Nuclear Safety Authority has been granted new powers with which to ensure co-operation with competent authorities of other States and to provide "consulting services" and "technical support missions" in the context of conventions, and to "examine the conformity of nuclear facilities intended for export to the obligations applicable in France to the same type of installation". 
  • The project for storage of radioactive waste in deep rock repository and the notion of reversibility
    • With regard to the project for the storage of radioactive waste in deep rock repository (also called "Cigéo") in Bure (Meuse), article 201 of the Macron Law provided that the period of study and research for the design of a storage centre would be extended until 2017. The concept of reversibility, defined in the law applicable to storage in deep rock repository, was to lead to an obligation to inspect the installations concerned every ten years. However the Constitutional Council invalidated this article, introduced by amendment, saying that it was adopted through a procedure which was contrary to the Constitution. The Ministry of Economy indicated that "the testing of burying nuclear waste (Cigéo) should be the subject of a bill during the first half of 2016".
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