Regulations

An evolution over the years

Several French laws relating to ecological transition, energy, the environment and sustainable development have been enacted since 2015, in particular:

• Law No. 2015-992 on energy transition for green growth (17 August 2015)
• Law No. 2019-1147 on energy and climate (8 November 2019)
• Law No. 2019-1428 on mobility policy (LOM) (26 December 2019)
• Law No. 2020-105 on the fight against waste and the circular economy (10 February 2020)
• Law No. 2021-1104 on combating climate change and strengthening resilience to its effects (22 August 2021)

These laws generally result in amendments to environmental, urban planning and energy codes. In particular, the law on mobility (LOM) is radically transforming mobility policy, making everyday transport easier, cheaper and cleaner.

In addition, there are national strategies and plans such as:

• the National Biodiversity Strategy 2030
• the National Low Carbon Strategy

Integrating sustainable development into public procurement contracts

The 2021 reform of the General Administrative Clauses (CCAG) of French public procurement contracts marks a significant change.

The CCAG on ‘Works’ introduces, in particular, an Article 20 relating to sustainable development. Article 20.1 includes a social inclusion clause, and Article 20.2 includes a general environmental clause. Specific contract documents (CCAP and CCTP) must specify the environmental obligations of the contractor.

Similar elements also appear in the CCAG on ‘Project Management’ in Article 18.2.
Although their application is optional, these cluses are virtually unavoidable in public procurement contracts.

An environmental assessment enshrined in the Environment Code

Environmental assessment (EA) is a process that aims to integrate environmental issues into the development of a project from the design phase onwards. The project owner draws up an environmental impact assessment report, known as an impact study, based on the principle of ‘avoid, reduce, compensate’.

Environmental assessment is also a decision-making tool and a process designed to inform the public and ensure its participation in decision-making.

According to Article L122-1 of the Environmental Code, "The environmental assessment allows for the appropriate description and assessment, on a case-by-case basis, of the significant direct and indirect effects of a project , based on the following factors:

1. the population and human health
2. biodiversity, with particular attention to protected species and habitats
3. land, soil, water, air and climate
4. material assets, cultural heritage and landscape
5. the interaction between the factors mentioned in points 1 to 4.

What criteria should be assessed for underground structures?
For underground structures, analysis of the reports of the French Environmental Authority highlight the criteria that require particular attention:

• aquatic environments (including impacts on groundwater or flooding);
• excavated material (quantities, impacts of its management and possibilities for recovery);
• air quality in stations and tunnels;
• noise impacts;
• impacts of the construction site on local residents, particularly in urban areas;
• impacts on urbanisation.

CETU publications

CETU’s ‘Environment’ booklet (currently being updated)

This reference document provides a practical interpretation of French regulations on environmental assessment. The booklet describes the general regulatory framework for the environmental assessment of infrastructure projects. For each of the environmental themes identified, it describes the specific characteristics of underground structures, their impacts and challenges during construction and operation, the study approach to be implemented, the methods for assessing impacts and the measures that can be taken to reduce them.