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
Date: 2017-02-03
Institutions: Directorate-General for Environment, European Commission
Subjects: EU environmental policy, EU initiative, France, application of EU law, environmental law, environmental protection, pollution control measures

EN 

   EN 

   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} {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). 

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©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. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
France  3 

Table of Contents 

EXECUTIVE SUMMARY ................................................................................................................................... 4 

PART I: THEMATIC AREAS .............................................................................................................................. 5 

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 

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 

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 

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 

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 

Environmental Implementation Report – France 

 
 
 
 
Executive summary 

France  4 

About the Environmental Implementation Review 

launched 

reports  describing 

the 
the  Commission 
In  May  2016, 
Environmental Implementation Review (EIR), a two-year 
cycle of analysis, dialogue and collaboration to improve 
the implementation of existing EU environmental policy 
and legislation1. As a first step, the Commission drafted 
28 
the  main  challenges  and 
opportunities  on  environmental  implementation  for 
each  Member  State.  These  reports  are  meant  to 
shared 
stimulate  a  positive  debate  both  on 
environmental  challenges  for  the  EU,  as  well  as  on  the 
most effective ways to address the key implementation 
gaps.  The  reports  rely  on  the  detailed  sectoral 
implementation  reports  collected  or  issued  by  the 
Commission under specific environmental legislation as 
well  as  the  2015  State  of  the  Environment  Report  and 
other  reports  by  the  European  Environment  Agency. 
These  reports  will  not  replace  the  specific  instruments 
to ensure compliance with the EU legal obligations.  

The  reports  will  broadly  follow  the  outline  of  the  7th 
Environmental  Action  Programme2  and  refer  to  the 
2030  Agenda  for  Sustainable  development  and  related 
Sustainable Development Goals (SDGs)3 to the extent to 
which  they  reflect  the  existing  obligations  and  policy 
objectives of EU environmental law4.  

The  main  challenges have been  selected  by  taking  into 
account factors such as the importance or the gravity of 
the  environmental  implementation  issue  in  the  light  of 
the  impact  on  the  quality  of  life  of  the  citizens,  the 
distance to target, and financial implications. 

The  reports  accompany  the  Communication  "The  EU 
Environmental  Implementation  Review  2016:  Common 
challenges and how to combine efforts to deliver better 
results", which identifies challenges that are common to 
several  Member 
preliminary 
conclusions  on  possible  root  causes  of  implementation 
gaps and proposes joint actions to deliver better results. 
It also groups in its Annex the actions proposed in each 
country  report  to  improve  implementation  at  national 
level. 

provides 

States, 

General profile 

France  is  a  politically  centralised  country  which  has 
delegated  several  environmental  competences  at 
regional and local level while keeping the assessment of 

1 Communication "Delivering the benefits of EU environmental 
policies through a regular Environmental Implementation 
Review".COM(2016) 316 final: 

2 Decision No. 1386/2013/EU of 20 November 2013 on a General 

Union Environmental Action Programme to 2020 "Living well, within 
the limits of our planet". 

3 United Nations, 2015. The Sustainable Development Goals  
4 This EIR report does not cover climate change, chemicals and energy. 

environmental 
level.  Recently 
impact  at  national 
(August  2015),  the  loi  "NOTRe"  (Act  on  the  new 
territorial  organisation  of  the  French  republic)  has 
allocated  more 
sustainable 
competences 
development  to  regional 
level  (waste,  renewable 
energies, mobility, land-use planning…).  

on 

regard 

three  main 

challenges  with 

Main Challenges 
The 
to 
implementation  of  EU  environmental  policy  and  law  in 
France are: 
 

Improving  air  quality  by  taking  forward-looking, 
speedy  and  effective  action  to  reach  EU  based  air 
pollution limit values  
for 
Implementing 
improving  the  water  quality,  notably  by  reducing 
the pollution by nitrates  

the  necessary  measures 

 

  Effectively  protecting  biodiversity  by  ensuring  the 
enforcement of the law to ensure the  protection of  
habitats and species 

Main Opportunities 
France  could  perform  better  on  topics  where  there  is 
already a good knowledge base and good practices. This 
applies in particular to: 
  Incentivising  a  shift  from  diesel  fuel  for  motor 

vehicles, notably   through taxation   

  Achieving  the    territorial  coverage  of  its  territory  

with waste management plans 
  Reducing  the  percentage  of 

incinerated  and 
landfilled waste and  increasing re-use and recycling 
in order to create more business opportunities    

is  a 

Points of Excellence 
leader  on  environmental 
Where  France 
implementation, innovative approaches could be shared 
more widely with other countries. Good examples are: 
  Good  administrative  capacity  (e.g. 

inspection 
to  environment 
bodies 
protection,  ICPE,  ONCFS…)  and  an  Environmental 
Authority  involved  in  the  assessment  of  plans  and 
projects  

specially  dedicated 

 

  The Green and Blue belt network ("Trame Verte et 
Bleue")  aiming  at  constituting  a  network  of 
corridors and reservoirs of biodiversity. 
Innovative  and  participative  governance  tools  to 
protect  biodiversity  such  as  dedicated  structures 
for  Natura  2000  (a  Steering  Committee  with  local 
stakeholders  and    a  dedicated    management  plan) 
and    Regional  Nature  Park  Policy    for  protecting 
sustainable 
environment  while 
development  of  human  activities    (Parcs  Naturels 
Régionaux - PNR). 

ensuring 

a 

 Environmental Implementation Report – France 

 
                                                            
 
 
 
 
Part I: Thematic Areas 

1. Turning the EU into a circular, resource-efficient, green and 
competitive low-carbon economy

France  5 

Developing a circular economy and improving 
resource efficiency 

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 
management  and  efficient  use  of  natural  resources  by 
2030. 

Measures towards a circular economy 
Transforming our economies from linear to circular offers 
an  opportunity  to  reinvent  them  and  make  them  more 
sustainable  and 
stimulate 
investments and bring both short and long-term benefits 
for the economy, environment and citizens alike. 5 

competitive.  This  will 

France  is  performing  above  the  EU  average  in  terms  of 
resource  productivity  (how  efficiently  the  economy  uses 
material resources to produce wealth)6, with 2.8 EUR/kg 
(EU average is 2 EUR/kg)7 in 2015. As shown in Figure 1, 
France has had a modest but stable increase in resource 
productivity since 2007.  

The  French  central  government  has  strongly  supported 
the  development  of  eco-industries,  eco-innovation  and 
the circular economy over the last decades, by deploying 
a number of policy initiatives and programmes to support 
to  eco-innovation  and  R&D  programmes, 
including 
circular  economy.    These  policy  measures  complement 
existing support schemes, including schemes that are not 
fully dedicated to eco-innovation but target innovation as 
a whole. 
Figure 1: Resource productivity 2003-158 

5  European Commission, 2015. Proposed Circular Economy Package 
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 

At the regional level, local authorities are also supporting 
eco-innovation and circular economy.  

France  has  recently  launched  interesting  initiatives  on 
circular economy such as:  

(including 

  The  “Investment  for  the  Future”  Programme  (PIA): 
one  of  the  main  priorities  of  the  PIA  is  the  energy 
and  ecological  transition.  The  PIA  finances  RDI 
programmes 
demonstrators), 
infrastructures  and  institutes  as  well  as  financial 
instruments (mainly equity and loans) for innovative 
projects  that  target  different  eco-industry-related 
issues,  with  the  objective  of  supporting  companies’ 
growth.  By  2015,  the  PIA  had  dedicated  €2,850 
million  to  clean  energy  and  the  circular  economy 
(CGI,  2015).  Half  of  the  total  amount  of  the  second 
PIA, which is currently active, is dedicated to various 
programs which consider eco-conditionality criteria. 
France  has  created  a  network  of  competitiveness 
clusters  to  promote  public-private  R&I  projects, 
through cooperation between public research, SMEs 
and  large  firms,  leaders  of  their  sector,  in  order  to 
disseminate  in  the  society  and  the  economy,  in  the 
short  and  medium 
innovative  products 
term, 
addressing,  in  particular,  eco-innovation  issues.  In 
2010,  new  clusters  were  added,  dedicated  to  eco-
industries, all of them currently reaching maturity. At 
the  time  being,  about  half  of  those  clusters  are 
dealing with or focusing on efficient use of resources, 
sustainable  city  and  mobility,  renewable  energy, 
green chemistry… 

 

  Among other things, the PIA has also supported the 
for  Energy 
establishment  of  several 
Transition  (ITE)  and 
Institutes  for  Technological 
Research  (IRT).  They  gather  a  limited  number  of 
(mostly large) companies and public laboratories on a 
specific  subject  related  to  eco-innovation:  bio-

Institutes 

 Environmental Implementation Report – France 

 
 
 
                                                            
 
sourced  materials,  eco-buildings,  energy  efficiency, 
eco-technologies and biomass-based plant chemistry. 
They  complement  competitiveness  clusters  as  they 
target more long-term innovation. 

electric 

stations, 

  The  New 

Industrial  France 
in  May  2015, 

(Nouvelle  France 
Industrielle): 
the  government 
announced  nine  “French Industrial Solutions”,  which 
conformed  to  France’s  industrial  policy  priorities. 
Among  these,  some  focus  on  new  resources  (new 
bio-based  and  recycled  materials  for 
industrial 
productions), sustainable cities (smart grids, building 
renovation,  circular  economy),  green  mobility 
(including  electric  cars,  cars  consuming  less  than  2 
l/100km, 
life-long 
charging 
batteries),  transport  for  the  future  (faster  trains, 
ecological ships and hybrid planes), etc. (DGE, 2015). 
  The  “Energy  Transition  for  Green  Growth”  Act:  in 
2015,  the  French  Parliament  passed  the  “Energy 
Transition  for  Green  Growth”  Law  (2015b).  This  Act 
set  ambitious  goals  for  cutting  CO2  emissions, 
reducing  energy  consumption,  improving  material 
energy 
resources 
consumption  and  increasing  the  use  of  renewable 
energy. 
(eco) 
buildings, clean public and private transport, circular 
economy  and  renewable  energies.  It  includes  a  mix 
of  regulations,  tax  incentives  (e.g.  a  tax  break  for 
energy-related 
households), 
support  to  RDI  programmes  and  dedicated  green 
instruments  (e.g.  green  private  equity 
financial 
funds). This Act does not only target companies, but 
also  citizens  (e.g.  tax  break  for  retrofitting  activities 
at individual level) and public bodies (support to the 
development of green public procurement). This Act 
also  introduces  the  national  low-carbon  strategy 
which defines how to  reduce  greenhouse gas  (GHG) 
emissions  at  the  national 
level.  This  strategy 
orchestrates  the  implementation  of  the  transition 
towards a low-carbon economy. 

following  sectors: 

It  targets  the 

improvements 

efficiency 

reducing 

fossil 

in 

clusters, 

SMEs and resource efficiency 
focusing  on 
Since  2010,  a  group  of 
environmental technologies, have supported the creation 
of  innovative  local  networks  of  small  and  medium-sized 
enterprises  (SMEs)  and  large  companies  based  around 
different  eco-innovation-related  issues,  such  as  water 
management,  waste  management,  energy  efficiency, 
renewable  energies,  smart  cities  and  smart  transport. 
These clusters act as a major testbed for the emergence 
of  eco-innovations,  and  help  bring  together  public  and 
private  partners  around  common 
issues.  However, 
despite the fact that these sectors are structured around 
a  small  number  of  very  large  players,  eco-innovation 
appears  to  come  from  a  much  broader  range  of  both 
large and small firms. Indeed, large companies often rely 
on  a  strong  network  of  SMEs  as  a  source  of  innovation. 
These  networks  tend  to  be  organised  around  national 

France  6 

“competitiveness” clusters or regional clusters.  

In  addition  to  water  management  and  sanitation,  waste 
management  and  environmental  engineering,  additional 
noteworthy innovation trends include the following:  

The  sector  of  low-impact  buildings  is  also  strong  in 
France,  and  develops  new  solutions  for 
low-impact 
building  and  retrofitting  activities.  The  2015  “Energy 
Transition for Green Growth” Act has set very ambitious 
objectives in this area. In this context, the newly created 
RDI Institute for Energy Transition (INEF4 (Institut pour la 
transition  énergétique))  is  supporting  open-innovation 
programmes  in  the  field  of  eco-building  and  retrofitting 
activities  and  should  support  the  development  of  these 
eco-activities and eco-companies (INEF4, 2016). 

Equity investments in clean technologies show emerging 
in  France:  between  2010  and  2015, 
new  trends 
investments  have  shifted  from  the  renewable  energy 
sector 
(industrial 
biotechnologies, waste and industrial ecology, and water 
and biodiversity) and energy efficiency (AFIC (Association 
Francais des Investisseurs pour la Croissance), 2015). 

economy 

circular 

the 

to 

In  2012,  France  had  136,444  SMEs 
(excluding 
microenterprises)  employing  4.1  million  persons  and 
producing 23% of the total added value. In the Flash 426 
Eurobarometer  "SMEs,  resource  efficiency  and  green 
markets"  it  is  shown  that  49%  of  France's  SMEs  have 
invested    up  to  5%  of  their  annual  turnover  in  their 
resource efficiency actions (EU28 average 50% of SMEs), 
34%  of  them  are  currently  offering  green  products  and 
services,  70%  took  measures  to  save  energy  (EU28 
average  59%),  77%  to  minimise  waste  (EU28  average 
60%), 67% to save water (EU28 average 44%), and 66% to 
save  materials  (EU28  average  54%).  From  a  circular 
economy  perspective,  36%  took  measures  to  recycle  by 
reusing  material  or  waste  within  the  company,  40%  to 
design  products  that  are  easier  to  maintain,  repair  or 
reuse  and  23%  were  able  to  sell  their  scrap  material  to 
another company.  

According to the Flash 426 Eurobarometer, the resource 
efficiency  actions  undertaken  allowed  the  reduction  of 
production costs in 39% of France's SMEs. 

The Flash Eurobarometer shows that 28% of the SMEs in 
France have one or more full time employee working in a 
green  job9  at  least  some  of  the  time.    France  has  an 
average  number  of  7,610  full  time  green  employees  per 

9 The Flash 426 Eurobarometer defines "green job" as a job that directly 
deals with information, technologies, or materials that preserves or 
restores environmental quality. This requires specialised skills, 
knowledge, training, or experience (e.g. verifying compliance with 
environmental legislation, monitoring resource efficiency within the 
company, promoting and selling green products and services). 

10http://ec.europa.eu/COMMFrontOffice/publicopinion/index.cfm/Surv
ey/getSurveyDetail/instruments/FLASH/surveyKy/2088 report page 
126  

 Environmental Implementation Report – France 

 
                                                            
SME.  

Eco-Innovation 
France  is  a  major  European  player  in  the  field  of  eco-
in 
innovation,  and  possesses  a  strong  track  record 
environmental 
regulation  and  support  schemes  – 
targeting  both  public  and  private  actors  (including 
individuals). This is illustrated by its strong ranking in the 
2015  Eco-Innovation  Scoreboard.  France  ranks  seventh 
overall in the ranking of eco-innovative countries (scoring 
115,  with  100  representing  the  European  average)  as 
shown in Figure 2.  
Figure 2:  Eco-Innovation Index 2015 (EU=100)11 

France  7 

order  to  i)  accelerate  the  reduction  of  France’s  energy 
needs  and  ii)  increase  the  share  of  renewable  energy  in 
the national energy mix. This law specifically targets eco-
innovation, with measures aimed at increasing innovative 
green  public  procurements  and  taking  into  account  eco-
innovation  in  different  public  policy  areas  (transport, 
construction, etc.).  

Bank, 

Public 

Investment 

infrastructures  and 

In  recent  years,  France  has  heavily  invested  in  RDI 
institutes  with  the 
programmes, 
intention  of  supporting  the  development  of  eco-
innovative companies and solutions. The PIA programme, 
for  example,  has  also  put  in  place  dedicated  financial 
instruments  in  support  of  companies  engaging  in  eco-
activities,  such  as  the  Ecotechnology  Fund,  run  by  the 
French 
Bpifrance. 
Competitiveness  clusters  and  other  public-private 
local 
partnerships  allow  companies  to 
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  high-
growth  firms.  These  companies  use  eco-innovative 
solutions  both  in  France  and  internationally  (COSEI, 
2012). 

join  strong 

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 
aspects  of  innovation  (regulation,  acceptability,  new 
business models, etc.), even though these dimensions are 
considered as central for the development of the circular 
economy (Barthelemy & Franz, 2016).  

In the context of the strong reliance of eco-industries on 
public  procurement  and  the  public  sector  as  the  final 
destination  of  their  products  and  services 
(waste 
management,  water  and  other  resource  management, 
etc.),  the  French  Ministry  in  charge  of  the  environment 
published  in  2015  a  national  action  plan  for  sustainable 
public procurement for 2015-2020 which should enhance 
the  sustainability  of  public  activities  and  relevant 
economic  actors.  Public  stakeholders  are  working  on 
solutions  that  would  provide  legal  security  for  public 
procurers  to  purchase 
innovative  solutions  and  for 
solution providers to gain access to major public markets. 
The  new  public  procurement  reform  (July  2015)  has 
inserted  new  provisions  on  environmental 
explicitly 
clauses in public procurements specifications.      

France  has  37  EMAS  registered  organisations,  which  is 
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 

Compared  to  the  2013  Eco-IS  results  (a  score  of  108), 
France  has  gained  ground.  This  can  be  interpreted  as  a 
reflection of the priority that is given to eco-innovation in 
France 
in  terms  of  regulation,  policy  and  support 
measures. However, France still falls considerably behind 
the top 3 EU-28 eco-innovative players, namely Denmark, 
Finland  and  Ireland,  due  to  limited  energy  and  water 
productivity and limited green early-stage investments.  

France  benefits  from  a  substantial  regulatory  and  policy 
framework  that  supports  and  promotes  eco-industries 
and  eco-innovation.  For  instance,  the  2015  “Energy 
Transition  for  Green  Growth”  Law  complements  existing 
support  instruments  (including  RDI-support  instruments) 
and  regulations  regarding  environmental  protection,  in 

11 Eco-innovation Observatory: Eco-Innovation scoreboard 2015 

 Environmental Implementation Report – France 

 
 
                                                            
comes  to  EU  Ecolabel  licenses,  France  is  the  highest 
achieving  country. 
it  has  486  EU  Ecolabel 
licenses,  which  represents  25.9%  of  all  EU  Ecolabel 
licenses.  

Indeed, 

Waste management  

France  8 

Figure 3: Municipal waste by treatment in France 2007-
1415 

Turning waste into a resource requires: 
 

implementation  of  Union  waste 

Full 
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 
recyclable  or 
recoverable waste. 

landfilling  of 

SDG  12  invites  countries  to  substantially  reduce  waste 
generation  through  prevention,  reduction,  recycling  and 
reuse, by 2030. 

Figure  4  shows  that  recycling  of  municipal  waste,  while 
still  being  below  EU  average  (44% 
in  2014),  has 
consistently improved since 2007, reaching a level of 39% 
in  2014.  For  the  time  being,  the  strict  comparison  is 
difficult as Member states do not report exactly the same 
waste as municipal waste. 
Figure 4: Recycling rate of municipal waste 2007-1416 

includes 

targets  and 

landfilling  and 

The EU's approach to waste management is based on the 
"waste  hierarchy"  which  sets  out  an  order  of  priority 
when  shaping  waste  policy  and  managing  waste  at  the 
operational 
level:  prevention,  (preparing  for)  reuse, 
recycling,  recovery  and,  as  the  least  preferred  option, 
incineration 
disposal  (which 
without energy recovery). The progress towards reaching 
recycling 
the  adoption  of  adequate 
WMP/WPP12  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  waste13  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 200914.  

Figure  3  depicts  the  municipal  waste  by  treatment  in 
France in terms of kg per capita, which shows that France 
is  gradually  improving  both  waste  generation  and  waste 
treatment  methods.  Only  incineration/energy  recovery 
has  remained  a  constant  in  absolute  terms  (and  has 
therefore increased percentage-wise). 

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. 
14 Eurostat, Municipal waste and treatment, by type of treatment 

method, accessed October 2016 

Yet  that  proportion  puts  France  far  behind  leading 
recycling countries. With a recycling rate of 38% in 2013 
and  a  progression  of  2.5%  since  201017,  France  should 
reach its   European objective of 50%.18 However, France 

15 Eurostat, Municipal waste and treatment, by type of treatment 

method, accessed October 2016 

16 Eurostat, Recycling rate of municipal waste, accessed October 2016 
17 Commissariat Général au Developpement Durable : "Indicateurs 

nationaux de la transition écologique vers un développement durable 
2015-2020 : premier état des lieux, Etudes et documents n°142, mars 
2016, p.17. 

18 Member States may choose a different method than the one used by 
ESTAT (and referred to in this report) to calculate their recycling rates 
and track compliance with the 2020 target of 50% recycling of 

 Environmental Implementation Report – France 

 
 
 
 
                                                            
 
 
                                                            
is  still  over-reliant  on  incineration.  Similarly,  landfilling 
still  accounts  for  a  troubling 26% of all  municipal  waste, 
despite a remarkable 32% decrease in absolute quantities 
landfilled between 2007 and 2014. 

Despite a number of innovative and far-reaching policies 
(e.g. on Extended Producer Responsibility) there is still a 
significant  and  a  large  reliance  on  technology  (e.g. 
incinerators).  Finally, 
illegal 
dumpsites in France.  

there  are  still  some 

A 2016 report by the French Court of Auditors noted that 
separate  collection  is  reaching  a  plateau  in  the  country. 
The  report  recommends  that  both  waste  producers  and 
the  authorities  take  a  number  of  steps  to  reinvigorate 
separate  collection,  starting  with  the  rationalization  and 
modernization  of  separation  and  treatment  plants,  i.e. 
doing more with fewer plants.19 

A  2015  study  by  the  French  Environment  and  Energy 
Management  Agency  (ADEME)  building  on  a  2012  study 
by  the  European  Commission  has  assessed  that  the 
circular  economy  sector  could  create  from  200,000  to 
400,000  additional  jobs  on  top  of  the  600,000  jobs 
existing jobs. 20 

In  this  context,  France  adopted  in  August  2015  the 
Energy  Transition  for  Green  Growth  Act  that  promotes 
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 
all non-hazardous non-inert waste) and the extension of 
separate collection to all organic waste before 2025.  The 
Act also provides that, considering the action on separate 
collection,  mechanical  biological  treatment  (MBT)  of 
waste is no longer relevant and excludes any new public 
financing  for  these  installations.  The  national  focus  on 
EPR schemes as a powerful tool to address recycling in a 
specific  sector  continues  to  be  put  forward,  including 
through  the  creation  of  a  new  EPR  scheme  on  leisure 
boats.  

municipal waste. 

19 Les éco-organismes: un dispositif original à consolider (2016) report 

by the French Court of Auditors.  

20 Quel potential d'emplois pour une économie circulaire? (2015), study 

by Institut de l'Economie Circulaire.  

France  9 

In  addition,  France  has  recently  adopted  a  decree 
mandating  source  separation  by  businesses  of  paper, 
glass, plastic, metal and wood. The separate collection of 
bio-waste  has  been  mandatory  for  big  producers  since 
2012  and  the  Green  Growth  Act  has  extended  it  to  all 
companies. 

France  also  adopted  recently  a  decree  foreseeing  that 
landfilling  capacities  should  be  reduced  by  30%  in  2020 
compared  to  2010,  and  from  50%  in  2025.  As  far  as 
incineration is concerned the capacity should be reduced 
by 25% and 50% in the same time frame21. 

The  decree  also  requires  that  the  waste  management 
plans should identify shared   facilities for the collection 
and 
household, 
undertakings and agriculture.   

treatment 

bio-waste 

from 

of 

To  fight  illegal  dumpsites,  France  has  taken  several 
measures  through  the  Energy  Transition  Act  to  prevent 
their proliferation by putting in place a network for waste 
collection  for  the  construction  sector 
imposing  key 
obligations  on  distributors  of  construction  products.  On 
the  enforcement  aspect,  traceability  of  such  materials 
has  been  reinforced  as  well  as  human  resources 
appointed to inspections and legal proceedings. Finally, a 
special  awareness  should  be  dedicated  by  the  French 
authorities  to  the  revision  and  adoption  of  waste 
management  plans 
in  the  context  of  the  regional 
administration reform.  

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. 

21 Décret n° 2016-811 du 17 juin 2016 relatif au plan régional de 

prévention et de gestion des déchets   

 Environmental Implementation Report – France 

 
                                                                                                 
 
 
                                                            
2. Protecting, conserving and enhancing natural capital

France  10 

Nature and Biodiversity  

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  long-
term  protection,  conservation  and  survival  of  Europe's 
most  valuable  and  threatened  species  and  habitats  and 
the ecosystems they underpin. 

The  adequate  designation  of  protected  sites  as  Special 
Ares  of  Conservation  (SAC)  under  the  Habitats  Directive 
and  as  Special  Protection  Areas  (SPA)  under  the  Birds 
Directive 
is  a  key  milestone  towards  meeting  the 
objectives  of  the  Directives.  The  results  of  Habitats 
Directive Article 17 and Birds Directive Article 12 reports 
and  the  progress  towards  adequate  Sites  of  Community 
Importance (SCI)-SPA and SAC designation22 both in land 
and  at  sea,  should  be  the  key  items  to  measure  the 
performance of Member States. 

In  France,  there  are  1758  Natura  2000  sites,  divided  in 
1.366  sites  under  the  Habitats  Directive  and  392  under 
the Birds Directive. By early 2016, 12.7 % of the national 
land  area  of  France  is  covered  by  Natura  2000  (EU 
average 18.1 %), with Birds Directive SPAs covering ca. 8 
%  (EU  average  12.3  %)  and  Habitats  Directive  SCIs 
covering ca. 9 % (EU average 13.8 %).  

The latest assessment of the SCIs part of the Natura 2000 
network 
in 
designation, especially for the marine components of the 
network23 (see Figure 524.) 

inadequacies 

there  are 

shows 

that 

22 Sites of Community Importance (SCIs) are designated pursuant to the 
Habitats Directive whereas Special Areas of Protection (SPAs) are 
designated pursuant to the Birds Directive; figures of coverage do not 
add up due to the fact that some SCIs and SPAs overlap. Special Areas 
of Conservation (SACs) means a SCI designated by the Member States. 

23  For each Member State, the Commission assesses whether the 

species and habitat types on Annexes I and II of the Habitats Directive, 

Figure  5:  Sufficiency  assessment  of  SCI  networks  in 
France based on the situation until December 2013 (%)25  

France has designated almost all sites as Special Areas of 
Conservation  (SACs)  and  it  has  defined  management 
plans for almost all of them. France has committed itself 
to designate the remaining sites by mid-2016.  

Although a range of species and habitats show a general 
stabilisation of their status of conservation  – even some 
improvements  –  many  of  them  are  still  declining  and 
endangered.  Coastal  habitats,  wetlands  and  water-
related ecosystems as well as agriculture-related habitats 
are the main threatened  ecosystems. The key threats to 
biodiversity  are  habitat 
(in 
agricultural 
particular 
intensively 
intensification, 
managed 
(in 
particular  fisheries),  invasive  alien  species  and  climate 
change. The lack of integration between nature and other 
policies , in particular in agricultural sector but also, to a 
lesser  extent  in  urbanisation,  transport,  energy  and 
forestry does not help to tackle the issue, in particular in 

forests),  pollution,  over-exploitation 

land  abandonment,  and 

loss  and  degradation 

through 

sprawl, 

urban 

are sufficiently represented by the sites designated to date. This is 
expressed as a percentage of species and habitats for which further 
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 
of assessments (one assessment covering 1 species or 1 habitat in a 
given biographical region with the Member State); if a habitat type or 
a species occurs in more than 1 Biogeographic region within a given 
Member State, there will be as many individual assessments as there 
are Biogeographic regions with an occurrence of that species or 
habitat in this Member State. 

25 European Commission internal assessment. 

 Environmental Implementation Report – France 

 
 
                                                            
 
                                                                                                 
France  11 

a  context  of  global  warming  and  of  a  spread  of  Invasive 
Alien Species. 

According to the latest report on the conservation status 
of  habitats  and  species  covered  by  the  Habitats 
Directive26  in  France,  28%  of  the  species  of  community 
interest  are in  a  Favourable Conservation  Status  (EU  27: 
23%) whereas 32% (EU27: 42%) and 24% (EU27: 18%) are 
respectively  in  an  unfavourable-inadequate  and  in  a 
remains 
unfavourable-bad 
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: 
in  an 
47%)  and  36%  (EU27:  30%)  are  respectively 
unfavourable-inadequate  and  in  an  unfavourable-bad 
status. Only 4% remains unknown.  

status.  Therefore,  16% 

Figure  6:  Conservation  status  of  habitats and  species 
in France in 2007/2013 (%)27 

This  is  depicted  in  Figure  628,  which  shows  a  general 
stabilisation of the status of conservation although some 
species  and  habitats  in  unfavourable-bad  status  tend  to 
degrade  again,  due  to  the  aforementioned  main  threats 
and pressures.  

26  The core of the ‘Article 17’ report is the assessment of conservation 
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 
assessment covering 1 species or 1 habitat in a given biographical 
region with the Member State), respectively.  The information is 
based on Article 17 of the Habitats Directive reporting - national 
summary of France 

28 Please note that a direct comparison between 2007 and 2013 data is 
complicated by the fact that Bulgaria and Romania were not covered 
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/ 
monitoring methods. 

As  far  as  birds  are  concerned,  56%  of  the  breeding 
species 
stable 
population  trends  (for  wintering  species  this  figure  was 
also 56%) as shown in Figure 7. 

increasing  or 

short-term 

showed 

Figure  7:  Short-term  population  trend  of  breeding  and 
wintering bird species in France in 2012 (%)29 

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  well-
structured 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) 
is  the  governance  body  responsible  for 
which 
establishing  conservation  objectives 
(CO)  and 
conservation  measures  (CM)  through  the  so-called 
(=  dedicated  ad-hoc  Natura  2000 
"DOCOB" 
local 
management  plan).  All  of  this 
authorities under the supervision of the State and it 
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 
full-time job equivalents. 

is  run  by 

Beyond the legal obligations under the nature directives, 
France has initiated a range of initiatives in line with the 
EU nature and biodiversity agenda such as: "Trame verte 
et bleue (Green and Blue Trail (GBT)", "séquence 'éviter, 
réduire,  compenser'"  (a  kind  of  No  Net  Loss  initiative), 
"Grands  Prix  Natura  2000",  etc.  For  Natura  2000,  it  has 
also  established  many  tools  and  material  helping  to 

29 Article 12 of the Birds Directive reporting - national summary of 

France 

 Environmental Implementation Report – France 

 
 
                                                            
 
                                                            
sectorial  assessment  methodologies 

streamline the approach on the national territory such as 
dedicated 
for 
habitats  and  species  at  site  level,  national  guidance 
document for establishing the Natura 2000 management 
plans,  dedicated  Natura  2000  training  sessions  and 
"technical  exchanges days"  (a  national  equivalent  to  the 
Natura 2000 biogeographical process). 

in  France  with  regard  to  the 
The  main  challenge 
implementation  of  Natura  2000 
is  to  ensure  an 
appropriate  financing,  both  from  national  and  EU  funds 
as  well  as  to  work  for  a  better  integration  between 
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 
now  responsible  for  implementing  the  European  funds, 
will  constitute  challenges  and  opportunities, 
in  the 
context  of  the  bill  on  recapture  of  biodiversity,  nature 
and landscapes (adoption  on 20th July 2016). 

Illegal  hunting  and  the  determination  of  hunting  period 
for bird species protected by the Birds Directive remain a 
concern.  In  particular,  for  some  species  (i.e.  Ortolan 
bunting  and  geese),  the  information  through  complaints 
and  infringements  seem  to  suggest  that  the  French 
authorities  have  lowered  the  intensity  of  their  control, 
putting at risk the conservation status of these species. 

With  respect  to  agriculture,  the 
intensification  of 
agriculture has significant negative impacts on a number 
of  habitats  and  species.  However,  recent  environmental 
initiatives  taken  by  the  agriculture  ministry  i.e.  the 
introduction  of  an  agro-ecology  project  (national  and 
regional)  sets  significant  measures,  and  plans.  For 
example, this project includes: the implementation of the 
Ecophyto  II  plan  aiming  to  reduce  the  use  of  pesticides 
(EUR  41  million  each  year  from  2008  to  2015),  the 
prolongation in 2016 of the 2013 plan for sustainable bee 
launching  of  a  new  plan  to  develop 
keeping,  the 
agroforestry30  and    the  promotion  of  sustainable  and 
collective  action  among  groups  of  farmers  through  new 
organizations called  "groupements d'intérêt économique 

30 See http://agriculture.gouv.fr/sites/minagri/files/1608-ae-synthese-

agroforesterie-gb-bd.pdf 

France  12 

et environnemental" (GIEE). All those initiatives aiming at 
promoting more sustainable and environmentally friendly 
agricultural practices. 

The  rich  and  unique  fauna  and  flora  in  the  French 
Outermost  Regions  (ORs)  and  Overseas  Countries  and 
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  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 
to  mobilising 
sustainable  partnerships  dedicated 
resources  to  protect  the  unique  ecosystems  and  the 
services  they  provide  in  the  EU  Outermost  Regions  and 
Overseas Countries and Territories.   

the  results  of 

Suggested action 

  Complete  the  Natura  2000  designation  process  and 
ensure  that  the  necessary  conservation  measures  for 
the  sites  maintain/restore  species  and  habitats  of 
community interest to a favourable conservation status 
across their natural range. 

  Strengthen the integration of biodiversity concerns into 
other  policies  (in  particular  in  agriculture,  but  also  in 
forestry,  urban  and 
infrastructure  planning  and 
tourism)  and  the  promotion  of  concertation  between 
actors.  

  Ensure  the  appropriate  enforcement  of  hunting  bans 

for protected bird species.  

  Continue  to  support  the  ongoing  work  for  the 
for 
establishment  of  a 
biodiversity  protection,  sustainable  development  and 
climate change adaptation and mitigation measures in 
the ORs and the OCTs. 

sustainable  partnership 

Estimating Natural Capital  

The EU Biodiversity Strategy to 2020 calls on the Member 
States to map and asses the state of ecosystems and their 
services  in  their  national  territory  by  2014,  assess  the 
economic  value  of  such  services,  and  promote  the 
integration of these values into accounting and reporting 
systems at EU and national level by 2020. 

The  French  national  ecosystem  assessment,  the  EFESE 
project  ("L'Évaluation  Française  des  Écosystèmes  et  des 

 Environmental Implementation Report – France 

 
                                                            
 
Services  Écosystémiques")  has  carried  out  work  on 
physical  and  ecological  assessment  of  ecosystems 
services31,  the  ongoing  exploratory  works  for  the 
development  of  accounts  and  a  valuation  of  ecosystem 
services.  Working  groups  have  been  set  up  in  the 
framework  of 
the  Mapping  and  Assessment  of 
Ecosystems  and  their  Services  (MAES)  focusing  on 
different  ecosystems  (forest,  wetlands,  urban,  agro-
ecosystems, marine, rocks and mountains).  

The  EFESE  project  gathers  different  communities.  For 
instance,  business  is  interested  in  ecosystem  services  in 
particular for green infrastructure. 

A  whole  governance  structure  has  been  set  up  to  deal 
with  the  mapping  and  assessment  of  ecosystems  and 
their  services  in  France.  Current  work  is  focusing  on 
different  ecosystems  (forest,  wetlands,  urban,  agro-
ecosystems,  and  marine  ecosystems, 
rocks  and 
mountains).  Business  is  interested  in  ecosystem  services 
for  green  infrastructure.  An  economic  assessment  has 
delivered a conceptual framework and the assessment of 
pollination  service.  Other  values  are  being  explored  and 
concern  less  tangible  benefits  such  as  spiritual  and 
mental wellbeing. 

implemented 

Aside  from  the  EFESE  project,  ecosystem  accounting 
approaches  are  already 
some 
ecosystems  (e.g.  forests)  and  a  reflection  has  been 
initiated  about  natural  capital  accounting  approaches 
(e.g.  :  test  of  the  Quick  Start  Package  developed  by  the 
CDB).  For  instance,  options  for  marine  natural  capital 
accounting  was  discussed  in  a  workshop  co-organized 
with the EEA in the context of the EU KIP-INCA initiative 

for 

Suggested action 

  Continue  support  to  the  mapping  and  assessment  of 
valuation  and 

ecosystems  and 
development of natural capital accounting systems. 

services, 

their 

Green Infrastructure   

The  EU  strategy  on  green  infrastructure32  promotes  the 

31 
  Ecosystem services are benefits provided by nature such as food, clean 

water and pollination on which human society depends. 

32 European Union, Green Infrastructure — Enhancing Europe’s Natural 

Capital, COM/2013/0249 

France  13 

incorporation  of  green  infrastructure  into  related  plans 
and  programmes  to  help  overcome  fragmentation  of 
habitats  and  preserve  or  restore  ecological  connectivity, 
enhance  ecosystem  resilience  and  thereby  ensure  the 
continued provision of ecosystem services. 

Green  Infrastructure  provides  ecological,  economic  and 
social  benefits  through  natural  solutions.  It  helps  to 
understand the value of the benefits that nature provides 
to human society and to mobilise investments to sustain 
and enhance them. 

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 
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. 

services  and 

together 

Many  actors  are  already 
implementing  the  GBT  at 
different  levels:  national,  regional,  departmental  and 
local.  The  state  sets  the  framework  and  ensures 
consistency  across  the  territory.  The  state  and  the 
the  "regional  ecological 
regions  develop 
to  public 
schemes",  which  are  put 
coherence 
consultation.  The  departments  are  piloting  the  policy  in 
sensitive  natural  areas  that  contribute  to  the  GBT.  They 
can  also  carry  out  ecological  connectivity  restoration 
projects.  Local  authorities  take  into  account  ecological 
continuity in spatial planning documents and projects, in 
particular  in  urban  development  planning.  Companies 
can  act  by  managing  their  sites  to  preserve  ecological 
continuity,  as  well  as  by  reducing  their  environmental 
impact.  Farmers  and  foresters  play  a  positive  role  in 
maintaining  ecological  continuity.  Citizens  have  the 
possibility  to  act  at  their  level,  individually  in  their 
gardens or as part of an association. 

Soil protection  

further 

soil  degradation  and 

The  EU  Soil  Thematic  Strategy  highlights  the  need  to 
ensure  a  sustainable  use  of  soils.  This  requires  the 
prevention  of 
the 
preservation of its functions, as well as the restoration of 
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, 
and  the  rate  of  land  take  is  on  track  with  an  aim  to 
achieve no net land take by 2050. 

SDG  15  requires  countries  to  combat  desertification, 
restore degraded land and soil, including land affected by 

 Environmental Implementation Report – France 

 
                                                            
France  14 

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 
driven  by  industrial  and  commercial  sites  as  well  as 
housing, services and recreation33.  

The percentage of built up land in 2009 was 2.79%, below 
the EU average (3.23%)34. 

The soil water erosion rate in 2010 was  2.25 tonnes per 
ha per year, close to EU-28 average (2.46 tonnes)35. 

There are still no EU-wide datasets enabling the provision 
of  benchmark  indicators  for  soil  organic  matter  decline, 
contaminated sites, pressures on soil biology and diffuse 
pollution. 15 years ago France set up a scientific interest 
group  on  soil  (GIS  sol).  This  group  manages  an 
information  system  providing  such 
harmonised  soil 
information  on  French  territory  (contaminated  sites  are 
not  in  the  GIS's  scope  but  are  available  within  another 
national network). 

An  updated  inventory  and  assessment  of  soil  protection 
policy instruments in France and other EU Member States 
is  being  performed  by  the  EU  Expert  Group  on  Soil 
Protection. 

Figure 8 shows the different land cover types in France in 
2012. 
Figure 8: Land Cover types in France in 201236 

Marine protection 

The EU Coastal and Marine Policy and legislation require 
that by 2020 the impact of pressures on marine waters is 
reduced  to  achieve  or  maintain  good  environmental 
status and coastal zones are managed sustainably. 

SDG  14  requires  countries  to  conserve  and  sustainably 
use 
for 
the  oceans,  seas  and  marine  resources 
sustainable development. 
The Marine Strategy Framework Directive (MSFD)37 aims 
to  achieve  Good  Environmental  Status  (GES)  of  the  EU's 
marine  waters  by  2020  by  providing  an  ecosystem 
approach  to  the  management  of  human  activities  with 
impact  on  the  marine  environment.  The  Directive 
requires  Member  States  to  develop  and  implement  a 
marine  strategy  for  their  marine  waters,  and  cooperate 
with  Member  States  sharing  the  same  marine  region  or 
subregion. 

As part of their marine strategies, Member States had to 
make  an  initial  assessment  of  their  marine  waters, 
determine  GES38  and  establish  environmental  targets  by 
July  2012.  They  also  had  to  establish  monitoring 
programmes for the on-going assessment of their marine 
waters  by  July  2014.  The  next  element  of  their  marine 
strategy is to establish a Programme of Measures (2016). 
The  Commission  assesses  whether  these  elements 

33 European Environment Agency Draft results of CORINE Land Cover 

(CLC) inventory 2012; mean annual land take 2006-12 as a % of 2006 
artificial land. 

34 European Environment Agency, 2016. Imperviousness and 

imperviousness change, Figure 1 

35 Eurostat, Soil water erosion rate, Figure 2, accessed November 2016 
36 European Environment Agency, 2016. Land cover 2012 and changes 

country analysis [publication forthcoming] 

37 European Union, Marine Strategy Framework Directive 2008/56/EC 
38  The MSFD defines Good Environmental Status (GES) in Article 3 as: 
“The environmental status of marine waters where these provide 
ecologically diverse and dynamic oceans and seas which are clean, 
healthy and productive” 

 Environmental Implementation Report – France 

 
                                                            
 
                                                                                                 
constitute  an  appropriate  framework  to  meet  the 
requirements of the MSFD. 

and 

(Barcelona  Convention) 

French marine waters are part of two marine regions, the 
North  East  Atlantic  Ocean  and  the  Mediterranean  Sea 
and  of  four  marine  sub-regions:  the  Celtic  Seas,  the 
Greater  North  Sea,  the  Bay  of  Biscay  and  Iberian  Coast, 
and the Western Mediterranean Sea. France is therefore 
party  to  both  the  Convention  for  the  Protection  of  the 
Marine  Environment  and  the  Coastal  Region  of  the 
Mediterranean 
the 
Convention for the protection of the marine environment 
of  the  North-East  Atlantic  (OSPAR  Convention).  In  the 
open  ocean  areas  of  the  Atlantic,  the  main  threats  to 
biodiversity  are  potentially  overfishing,  bottom  trawling, 
discards,  and  pollution  resulting  from  accidents  (e.g.  oil 
spills).  The  Mediterranean  Sea  region  was  identified  by 
the  EEA  in  its  2015  State  of  the  Environment  report  as 
one of the main climate change hotspots (i.e. one of the 
areas  most 
to  climate  change).  The 
biodiversity  of  the  Mediterranean  Sea  Region  is  also 
threatened by pollution from land-based sources such as 
discharges of excess nutrients and hazardous substances, 
marine  litter,  over-fishing,  and  degradation  of  critical 
habitats. 

responsive 

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 
terms  of 
environmental  targets  definition,  of  monitoring  and  of 
establishing a programme of measures. 

in 

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. 

and  development 

France  also  established  a  monitoring  programme  of  its 
marine waters in 2014. However, this monitoring, except 
for  marine  litter  and  underwater  noise,  needs  further 
refinement 
an 
appropriate  framework  to  monitor  progress  towards 
Good  Environmental  Status  and  environmental  targets. 
More  specifically,  non-indigenous  species  monitoring 
programme  needs  to  be  developed  and  in  place  before 
2020. 

constitute 

to 

In 2012, French marine protected areas covered 47,112.4 
square  kilometres  of  its  marine  waters,  with  11,668.5 
square  kilometres  in  the  North  Sea,  1,693.9  square 
kilometres  in  the  Celtic  Sea,  20,183.8  square  kilometres 
in  the  Bay  of  Biscay  and  Iberian  coast  and  13,566.2 

France  15 

square kilometres in the Western Mediterranean Sea.39 
In  its  reports  on  the  implementation  of  the  MSFD40,  the 
Commission  provided  guidance  to  assist  France  in  its 
implementation  of  the  Marine  Strategy  Framework 
Directive. 

Suggested action 

  Continue  work  to  improve  the  definitions  of  GES 
including  through  regional  cooperation  by  using  the 
work of the relevant Regional Sea Conventions. 

  Address knowledge gaps. 
  Continue  to 

integrate  already  existing  monitoring 
programme    required  under  EU  legislation  and  to 
joint  monitoring 
implement,  where 
they  exist, 
programmes  developed  at  (sub)regional 
level,  for 
instance by OSPAR and the Barcelona Convention. 

  Enhance  comparability  and  consistency  of  monitoring 

methods within its marine regions.  

  Enhance  the  cohesion  between  approaches  in  the 

Member State's two marine regions. 

  Ensure  that  the  monitoring  programme  is  appropriate 

to monitor progress towards GES. 

39 For 2016, France has indicated that In 2016 its French marine 
protected areas covered 88133 square kilometres of its marine 
waters, with 13650 square kilometres in the North Sea, 1695 square 
kilometres in the Celtic Sea, 21938 square kilometres in the Bay of 
Biscay and Iberian coast and 50850 square kilometres in the Western 
Mediterranean Sea. 

40Commission Staff Working Document Accompanying the Commission 
Report on "The first phase of implementation of the Marine Strategy 
Framework Directive (2008/56/EC) - The European Commission's 
assessment and guidance" (SWD(21014) 049 final and COM(2014)097 
final)SWD(21014) 049 final and COM(2014)097 final) 

 Environmental Implementation Report – France 

 
 
 
 
 
                                                            
   
3. Ensuring citizens' health and quality of life

France  16 

Air quality  

The  EU  Clean  Air  Policy  and  legislation  require  The  EU 
Clean Air Policy and legislation require that air quality in 
the Union is significantly improved, moving closer to the 
WHO  recommended  levels.  Air  pollution  and  its  impacts 
on  ecosystems  and  biodiversity  should  be  further 
reduced with the long-term aim of not exceeding critical 
loads  and  levels.  This  requires  strengthening  efforts  to 
reach  full  compliance  with  Union  air  quality  legislation 
and defining strategic targets and actions beyond 2020. 

The  EU  has  developed  a  comprehensive  suite  of  air 
legislation41,  which  establishes  health-based 
quality 
standards  and  objectives  for  a  number  of  air  pollutants. 
As  part  of  this,  Member  States  are  also  required  to 
ensure 
information  on  ambient 
concentrations  of  different  air  pollutants  is  routinely 
Figure 9: Attainment situation for PM10, NO2 and O3 in 2014 

that  up-to-date 

ammonia emissions increased by 1%, the total emissions 
are still within the currently applicable ceiling. Significant 
emission reductions for nitrogen oxides (-55%) have also 
been  recorded;  nevertheless emissions  for  this pollutant 
are still 9% above current ceiling. It should be noted that 
the exceedance of the current ceilings for nitrogen oxides 
is  partly  due  to  the  actual  driving  emissions  of  these 
pollutants from diesel vehicles. 

At  the  same  time,  air  quality  in  France  continues  to 
give  cause  for  severe  concern.  For  the  year  2013,  the 
European  Environment  Agency  estimated  that  about 
45 120  premature  deaths  were  attributable  to  fine 
particulate  matter44  concentrations,  1 780  to  ozone45 
to  nitrogen  dioxide46 
concentration  and  8 230 
concentrations47. This is due also to exceedances above 
the  EU  air  quality  standards  such  as  shown  in  Figure 

made  available  to  the  public.  In  addition,  the  National 
Emission  Ceilings  Directive  provides 
for  emission 
reductions  at  national  level  that  should  be  achieved  for 
main pollutants. 

The  emission  of  several  air  pollutants  has  decreased  in 
France42. Reductions between 1990 and 2014 for sulphur 
oxides  (-87%)  and  volatile  organic  compounds  (-73%) 
ensure  air  emissions  for  these  pollutants  are  within  the 
currently applicable national emission ceilings43. Although 

41 European Commission, 2016. Air Quality Standards  
42 See EIONET Central Data Repository and Air pollutant emissions data 

viewer (NEC Directive) 

43 The current national emission ceilings apply since 2010 (Directive 
2001/81/EC); revised ceilings for 2020 and 2030 have been set by 
Directive (EU) 2016/2284 on the reduction of national emissions of 

948.   

certain atmospheric pollutants, amending Directive 2003/35/EC and 
repealing Directive 2001/81/EC. 

44 Particulate matter (PM) is a mixture of aerosol particles (solid and 
liquid) covering a wide range of sizes and chemical compositions. 
PM10 (PM2.5) refers to particles with a diameter of 10 (2.5) 
micrometres or less. PM is emitted from many human sources, 
including combustion. 

45 Low level ozone is produced by photochemical action and it is also a 

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). 

47 European Environment Agency, 2016. Air Quality in Europe – 2016 
Report. (Table 10.2, please see details in this report as regards the 
underpinning   methodology) 

48  Based on European Environment Agency, 2016. Air Quality in Europe 

 Environmental Implementation Report – France 

 
                                                            
                                                                                                 
 
For 2014, exceedances above the EU air quality standards 
have  been  registered  related  to  concentrations  of 
nitrogen dioxide (NO2) in 19 air quality zones and related 
to  particulate  matter  (PM10)  in  17  air  quality  zones. 
indicated 
Furthermore,  one  air  quality  zone  have 
exceedances regarding fine particulate matter (PM2.5), for 
which  the  limit  value  has  become  binding  only  in  2015. 
Target values are also exceeded for ozone concentrations 
in several air quality zones49. 

The  persistent  breaches  of  air  quality  requirements  (for 
PM10  and  NO2),  which  have  severe  negative  effects  on 
health  and  environment,  are  being  followed  up  by  the 
European  Commission  through  infringement  procedures 
covering  all  the  Member  States  concerned,  including 
France.  The  aim  is  that  adequate  measures  are  put  in 
place to bring all zones into compliance.  

It is estimated that the external costs from air pollution in 
France  are  above  EUR  37  billion/year  (income  adjusted, 
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 

  Maintain  downward  emissions  trends  of  air  pollutants 
in  order  to  achieve  full  compliance  with  currently 
applicable  national  emission  ceilings  and  air  quality 
limit values - and reduce adverse air pollution impacts 
on health, environment and economy. 

  Reduce nitrogen oxide (NOx) emissions to comply with 
currently applicable national emission ceilings51 and/or 
to 
(and  ozone 
(NO2) 
concentrations), 
inter  alia,  by  reducing  transport 
related emissions - in particular in urban areas. 

reduce  nitrogen  dioxide 

  Reduce PM10 emission and concentration, inter alia, by 
reducing  emissions  related  to  energy  and  heat 
generation  using  solid  fuels,  to  transport  and  to 

– 2016 Report. (Figures 4.1, 5.1 and 6.1) 

49 See The EEA/Eionet Air Quality Portal and the related Central Data 

Repository 

50  These figures are based on the Impact Assessment for the European 

Commission Integrated Clean Air Package (2013) 

51 Under the provisions of the revised National Emission Ceilings 

Directive, Member States now may apply for emission inventory 
adjustments. Pending evaluation of any adjustment application, 
Member States should keep emissions under close control with a view 
to further reductions. 

France  17 

agriculture. 

Noise 

The  Environmental  Noise  Directive  provides  for  a 
common  approach  for  the  avoidance,  prevention  and 
reduction  of  harmful  effects  due  to  exposure  to 
environmental noise. 

Excessive  noise  is  one  of  the  main  causes  of  health 
issues52.  To  alleviate  this,  the  EU  acquis  sets  out  several 
requirements, 
including  assessing  the  exposure  to 
environmental  noise  through  noise  mapping,  ensuring 
that information on environmental noise and its effects is 
made  available  to  the  public,  and  adopting  action  plans 
with  a  view  to  preventing  and  reducing  environmental 
noise  where  necessary  and  to  preserving  the  acoustic 
environment quality where it is good. 

France's  implementation  of  the  Environmental  Noise 
Directive53  is  significantly  delayed.  There  have  been 
delays  in  developing  strategic  noise  maps  and  action 
plans  for  noise  management  in  both  reporting  rounds 
(for the reference years 2006 and 2011).  

Suggested action 

  Accelerate  the  completion  of  the  missing  noise  maps 

and action plans. 

Water quality and management 

The  EU  water  policy  and  legislation  require  that  the 
impact  of  pressures  on  transitional,  coastal  and  fresh 
waters 
is 
significantly  reduced  to  achieve,  maintain  or  enhance 
good  status  of  water  bodies,  as  defined  by  the  Water 

(including  surface  and  ground  waters) 

52 WHO/JRC, 2011, Burden of disease from environmental noise, 

Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds), 
World Health Organization, Regional Office for Europe, Copenhagen, 
Denmark 

53 The Noise Directive requires Member States to prepare and publish, 
every 5 years, noise maps and noise management action plans for 
agglomerations with more than 100,000 inhabitants, and for major 
roads, railways and airports.  

 Environmental Implementation Report – France 

 
                                                                                                 
 
                                                            
France  18 

Framework Directive; that citizens throughout the Union 
benefit from high standards for safe drinking and bathing 
water;  and  that  the  nutrient  cycle  (nitrogen  and 
phosphorus)  is  managed  in  a  more  sustainable  and 
resource-efficient way. 

SDG  6  encourages  countries  to  ensure  availability  and 
sustainable management of water and sanitation for all. 

The  main  overall  objective  of  EU  water  policy  and 
legislation  is  to  ensure  access  to  good  quality  water  in 
sufficient  quantity  for  all  Europeans.  The  EU  water 
acquis54  seeks  to  ensure  good  status  of  all  water  bodies 
across Europe by addressing pollution sources (from e.g. 
agriculture, urban areas and industrial activities), physical 
and  hydrological  modifications  to  water  bodies)  and  the 
management of risks of flooding.  

(RBMPs)  are  a 
River  Basin  Management  Plans 
requirement  of  the  Water  Framework  Directive  and  a 
means  of  achieving  the  protection,  improvement  and 
sustainable use of the water environment across Europe. 
This includes surface freshwaters such as lakes and rivers, 
groundwater,  estuaries  and  coastal  waters  up  to  one 
nautical mile. 

France has provided information to the Commission from 
its  second  generation  of  RBMPs.  However,  as  the 
Commission  has  not  yet  been  able  to  validate  this 
information  for  all  Member  States,  it  is  not  reported 
here. 

In  its  2010-2015  RBMPs  France  reported  the  status  of 
10,824 rivers, 439 lakes, 96 transitional, 164 coastal and 
574  groundwater  bodies.  Only  44%  of  natural  surface 
water  bodies  achieve  a  good  or  high  ecological  status55 
and  13%  of  heavily  modified  or  artificial  water  bodies 
achieve  a  good  or  high  ecological  potential  (25% 
unknown).  Only  44%  of  surface  water  bodies  (33% 
unknown),  28%  of  heavily  modified  and  artificial  water 
bodies  (47%  unknown)  and  59%  of  groundwater  bodies 
achieve  good  chemical  status.  89%  of  groundwater 
bodies are in good quantitative status56 

A number of pressures affect water bodies in France – in 
the  case  of  surface  waters,  39%  are  affected  by  diffuse 
source  of  pollution57,  30%  by  point  sources  of  pollution, 

54 This includes the Bathing Waters Directive (2006/7/EC); the Urban 

Waste Water Treatment Directive (91/271/EEC) concerning discharges 
of municipal and some industrial waste waters; the Drinking Water 
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 
Directive (2007/60/EC) 

55 Good ecological status is defined in the Water Framework Directive, 
in terms of the quality of the biological community, the hydrological 
characteristics and the chemical characteristics. 

56 For groundwater, a precautionary approach has been taken that 

comprises a prohibition on direct discharges to groundwater, and a 
requirement to monitor groundwater bodies 

57 Diffuse pollution comes from widespread activities with no one 

27%  by  river  management,  25%  by  flow  regulation  and 
morphological changes and 20% by abstraction. There are 
significant  regional  differences  and  in  some  river  basin 
districts  these  pressures  affect  much  higher  proportions 
of water bodies, e.g. diffuse sources affect 93% of surface 
water  bodies  in  the  Scheldt,  Somme  and  coastal  waters 
of the Channel and the North Sea district and 67% in the 
Seine  and  Normandy  coastal  waters  district  and  water 
abstraction  affects  38%  of  surface  water  bodies  in  the 
Loire, Brittany and Vendee coastal waters district. 

There  are  certain  deficiencies  in  French  River  Basin 
Management Plans concerning the assessment of status. 
Programmes  of  Measures  are  expected  to  result  in 
significant 
improvement  of  the  ecological  status  of 
natural  surface  water  bodies  as  well  as  artificial  and 
heavily modified bodies58 – by 21% and 27% respectively 
and  in  improvement  of  chemical  status  by  8%  and  3% 
respectively.  The  chemical  status59  of  groundwater  is 
expected to improve by 5% and the quantitative status by 
6%.  

Diffuse pollution from agriculture is the most widespread 
significant  pressure  on  water  bodies  (affecting  39%  of 
water bodies at national level, much more in some river 
basins), resulting in eutrophication and increased costs of 
water  treatment.  The  current  system  of  water  charging 
and  nitrogen/pesticide  taxation  provides  little  incentive 
to improve farming practices. Enhanced measures should 
be taken to more effectively tackle pollution by nutrients 
(nitrogen and phosphorus) with full consideration for the 
basin-wide  impacts  and  ensuring  consistency  in  actions 
under the WFD, Nitrates Directive and the CAP. 

In the case of pesticides, measured concentrations across 
the country are generally low. But pesticides are present 
in  a  large  number  of  aquatic  ecosystems.  In  2013, 
pesticides  were  found  in  92%  of  monitoring  points  of 
surface  water  bodies,  with  different  pesticides  being 
often  reported  for  one  monitoring  station.  Around  30% 
of all monitoring points of surface water bodies showed a 
sum  of  pesticide  concentration  higher  than  0.5  μg/l 
(annual average). 

Some  progress  has  been  made  in  addressing  water 
pollution  by  nitrates  from  agricultural  sources  and 
eutrophication but nutrient pollution remains a challenge 
especially in area with intensive animal rearing (e.g. Loire 
Bretagne  basin)  and 
intensive  arable  farming  (e.g. 
Parisian basin). 
Following two recent court rulings from the ECJ60 on the 

discrete source, e.g. acid rain, pesticides, urban run-off, etc. 

58 Many European river basins and waters have been altered by human 
activities, such as land drainage, flood protection and building of dams 
to create reservoirs. 

59 Good chemical status is defined in the Water Framework Directive in 
terms of compliance with all the quality standards established for 
chemical substances at European level. 

60 ECJ ruling C-193/12 of 13/06/2013 on NVZ designation in France and 

 Environmental Implementation Report – France 

 
                                                            
                                                                                                 
France  19 

is 
implementation  of  the  Nitrates  Directive,  France 
revising  its  legal  framework  and  has  announced  the 
extension  of  the  areas  designated  as  vulnerable  to 
nitrates pollution and the reinforcement of the measures 
in  the  Action  Programmes.    A  sound  and  effective  legal 
framework  is  a  necessary  step  towards  water  quality 
objective  and  the  challenge  of  further  developments  in 
agricultural pressures.   

was correctly treated in accordance with Article 5 of the 
Urban  Waste  Water  Treatment  Directive64.  The 
Commission was following-up on a little number of non-
compliances in specific (small and large) agglomerations.  
The  estimated  investment  needs  (reported  by  France 
under  Article  17  of  the  Urban  Waste  Water  Treatment 
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, 
chemical  and  indicator  parameters  laid  down  in  the 
Drinking Water Directive61. 

As  shown  in  Figure  10,  in  2015,  in  France,  out  of  3,355 
bathing  waters,  76.0%  were  of  excellent  quality,  15.1  % 
of  good  quality,  4.2  %  of  sufficient  quality.  95  bathing 
waters  were  of  poor  quality  or  non-compliant  while  it 
was  not  possible  to  assess  the  remaining  63  bathing 
waters.62 France is one of the countries that have bathing 
waters in rivers where it is more difficult to maintain the 
good and excellent quality. 
Figure 10: Bathing water quality 2012 – 201563 

implementation  of 

The 
the  Urban  Waste  Water 
Treatment  Directive  is  overall  satisfactory  in  France.  In 
2012,  in  France,  100%  of  the  waste  water  load  was 
connected to a collecting system. Thus, 100% of the load 
was  compliant  in  accordance  with  Article  3  of  the 
Directive.  99.5%  of  the  load  collected  is  entering  the 
treatment  plants  and  87.6%  of  this  load  was  correctly 
treated as regards the secondary treatment requirement. 
As regards the more stringent treatment that concerned 
45.6% of the collected load, 98.6% of this load collected 

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; 
COM(2016)666 

62 European Environment Agency, 2016. European bathing water quality 

in 2015 

63 See footnote 55. 

France has  established  a  transparent  waste  water  policy 
(accessible here), it has also established a well-organised 
water governance system, based on river basin agencies 
with  local  representation  and  their  own  funding.  The 
to  water 
above  ensures 
management are taken at a level close to the users, but 
also  that  all  water  users  contribute  to  the  cost  of 
mitigation 
if 
improvements  are  possible  in  terms  of  implementation, 
the system in place is, in many respects, a good example 
at European level. 

restoration  measures. 

that  decisions 

relative 

Even 

and 

Flood risk areas have already been identified and mapped 
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  EU  Policy  on  the  urban  environment  encourages 
cities  to 
implement  policies  for  sustainable  urban 
planning and design, including innovative approaches for 
sustainable 
urban  public 
buildings,  energy  efficiency  and  urban  biodiversity 
conservation.  

transport  and  mobility, 

SDG11  aims  at  making  cities  and  human  settlements 
inclusive, safe, resilient and sustainable. 

Europe is a Union of cities and towns; around 75% of the 
EU  population  are  living  in  urban  areas.66  The  urban 
the 
environment  poses  particular  challenges 

for 

64 European Commission, Eighth Report on the Implementation Status 
and the Programmes for Implementation of the Urban Waste Water 
Directive (COM (2016)105 final) and Commission Staff Working 
Document accompanying the report (SWD(2016)45 final). 

65 See footnote 57.  
66 European Environment Agency, Urban environment 

 Environmental Implementation Report – France 

 
 
                                                                                                 
                                                            
environment  and  human  health,  whilst  also  providing 
opportunities and efficiency gains in the use of resources.  

The  Member  States,  European  institutions,  cities  and 
stakeholders have prepared a new Urban Agenda for the 
EU  (incorporating  the  Smart  Cities  initiative)  to  tackle 
these  issues  in  a  comprehensive  way,  including  their 
connections with social and economic challenges. At the 
heart  of  this  Urban  Agenda  will  be  the  development  of 
twelve  partnerships  on  the  identified  urban  challenges, 
including air quality and housing67.  

The  European  Commission  will 
benchmark system in 201768. 

launch  a  new  EU 

The  EU  stimulates  green  cities  through  awards  and 
funding,  such  as  the  EU  Green  Capital  Award  aimed  at 
cities  with  more  than  100,000  inhabitants  and  the  EU 
Green  Leaf  initiative  aimed  at  cities  and  towns,  with 
between 20,000 and 100,000 inhabitants.  

France has allocated EUR 881 million under the European 
Regional Development Fund (ERDF) to sustainable urban 
development  (SUD),  on  which  the  share  dedicated  to 
environmental  issues  is  predominant.  250  cities  have 
taken  engagements  on  sustainable  strategies  for  urban 
development.  For  example,  Ile-de-France  Region  (which 
includes  Greater  Paris)  will  dedicate  20%  of  its  whole 
operational program to SUD. 

In its Energy Transition act of 2015, France has put up an 
objective  of  zero  pesticide  in  all  the  public  spaces  of 
urban  areas  in  France.  This  will  forbid  the  use  of 
phytosanitary products by public authorities on the road 
network and on public spaces from the 1 January 2017. 

In  2015,  an  Institute  for  sustainable  city  (Vivapolis)  has 
been created composed of a network of actors putting in 
common  disciplines,  expertise,  and  means  to  bring 
systemic  sustainable  solutions  for  cities  by  combining 
interdisciplinary 
different  approaches  and 

fostering 

67 http://urbanagendaforthe.eu/ 
68 The Commission is developing an Urban Benchmarking and 

Monitoring ('UBaM') tool to be launched in 2017. Best practices 
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. 

France  20 

solutions  among  the  industry  and  public  actors.  This 
integrated  approach  will  also  focus  on  research  and 
training. 

France has put in place a label (EcoQuartier) that certifies 
the  sustainability  of  city  areas  by  the  quality  of 
governance  (associating  citizens,  representatives,  NGOs 
with tools for guaranteeing quality follow-up of projects) 
and  promoting  responsible  management  of  resources 
and  adaptation  to  climate  change.  49  areas  have  been 
labelled at this stage. 

As  from  1st  July  2016,  Paris  has  forbidden  circulation 
between  8am  and  8pm  to  a  large  range  of  4  wheeled 
motor  vehicles  entered  into  service  before  1997  and  2 
wheels  vehicles  entered  into  service  before  1999;  other 
diesel  oriented 
implemented 
progressively by 2020. 

restrictions  will  be 

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 
Member  States  to  sign,  ratify  and  effectively  implement 
all  relevant  multilateral  environmental  agreements 
(MEAs) in a timely manner. This will also be an important 
contribution  towards  the  achievement  of  the  SDGs, 
which Member States committed to in 2015 and include 
many  commitments  contained  already  in  legally  binding 
agreements. 

The  fact  that  some  Member  States  did  not  sign  and/or 
ratify  a  number  of  MEAs  compromises  environmental 
implementation,  including  within  the  Union,  as  well  as 
in  related  negotiations  and 
the  Union’s  credibility 
the 
international  meetings  where 
participation of third countries to such agreements is an 
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.  

supporting 

France  has  signed  and  ratified  almost  all  MEAs.  It  has 
signed  but  not  yet  ratified  the  Protocol  on  Strategic 
Environmental Assessment to the Espoo Convention and 
the Nagoya Protocol69. 

France,  a  diverse  country  in  particular  thanks  to  its 
overseas and Mediterranean area, has included a chapter 

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. 

 Environmental Implementation Report – France 

 
                                                            
                                                            
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. 

France  21 

 Environmental Implementation Report – France 

 
 
 
 
 
 
Part II: Enabling Framework: Implementation Tools 

4. Market based instruments and investment 

France  22 

Green taxation and environmentally harmful 
subsidies  

The Circular Economy Action Plan encourages the use of 
financial  incentives  and  economic  instruments,  such  as 
taxation  to  ensure  that  product  prices  better  reflect 
environmental costs. The phasing out of environmentally 
harmful  subsidies  is  monitored  in  the  context  of  the 
European  Semester  and  in  national  reform  programmes 
submitted by Member States. 

Taxing pollution and resource use can generate increased 
revenue  and  bring  important  social  and  environmental 
benefits. 

In 2014, revenue from environmental taxes in France was 
equivalent to 2.05% of GDP. This has increased over the 
past decade almost matching the previous 11 year high of 
2.06% in 2003. It is still below the EU average (2.46%). In 
the same year environmental tax revenues accounted for 
4.47%  of  total  revenues  from  taxes  (excluding  social-
security 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 
France70.  Under  a  good  practice  scenario71,  the 
amount  could  be  as  much  as  EUR  19.31  billion  in  2018, 
rising  to  EUR  40.21  billion  in  2030  (both  in  real  2015 
terms). This is equivalent to an additional 0.84% and 1.43 
% of GDP in 2018 and 2030, respectively. 

The largest potential source of revenue would come from 

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 
assess these and make specific proposals. 

71 The good practice scenario means benchmarking to a successful 

taxation practice in another Member State. 

the  suggested  increase  in  vehicle  taxes.  This  would 
account  for  EUR  26.75  billion  in  2030  (real  2015  terms), 
equivalent to 0.95% of GDP.  

The  next  largest  contribution  to  revenue  would  come 
from  the  proposed  amendments  to  the  taxes  on 
transport fuels. This would make EUR 7.06 billion in 2030 
(real 2015 terms), equivalent to 0.25% of GDP. 

The  suggested  passenger  aviation  tax  would  account  for 
EUR 2.57 billion in 2030 (real 2015 terms), equivalent to 
0.09% of GDP. 

Figure  11:  Environmental  tax  revenues  as  a  share  of 
total  revenues  from  taxes  and  social  contributions  
(excluding imputed social contributions) in 201472 

In  its  2016  budget,  the  country  continues  to  increase 
environmental  taxation.  The  carbon  tax  will  be  raised 
from 14.5 to 22 EUR /tCO2 in 2016 and 30,5 EUR /tCO2 in 
2017  with  the  objective  to  reach  56  EUR  /tCO2  in  2020  
and 100 EUR /tCO2 in 2030. In addition, the taxation gap 
between  diesel  and  petrol  will  be  further  reduced  (this 

72 Eurostat, Environmental tax revenues, accessed October 2016 

 Environmental Implementation Report – France 

 
                                                            
 
                                                            
has also been underlined by the OECD73).  

As a result of these two measures, excise duties on diesel 
has  increased  more  than  for  unleaded  petrol  in  2016 
(0.0299 EUR /litre and 0.0171 EUR /litre respectively). The 
gap  between  petrol  (E10  quality)  and  diesel  fuel  was 
reduced  by  0,02  EUR/L  in  2015  and  by  0,03  EUR/L  in 
2016.  Including  the  carbon  component,  excise  duties  on 
diesel  thus  rose  from  0,4284  EUR/L  in  2014  to  0,4981 
EUR/L in 2016 whereas excise duties on petrol rose from 
0,6069  EUR/L  in  2014  to  0,6212  EUR/L  in  2016.  The  gap 
will be further reduced in 2017 to only 0,10 EUR/L (with 
0,5307 EUR/L for diesel and 0,6307EUR/L for petrol.  

The  diesel/petrol  tax  ratio  is  currently  standing  at  80% 
(84%  in  2014).  In  2015,  France  was  one  of  the  few  EU 
Member  States  without  circulation  tax  for  passenger 
cars. However it should be noted that France implements 
motorway  charges  whereas  in  some  European  countries 
motorways are free.  

France is closing the gap with the EU average in terms of 
improvement 
environmental  taxation  but  scope  for 
remains,  such  as  removing  the  taxation  gap  between 
diesel and petrol fuel. 

In order to accelerate the phasing out of coal in France, a 
carbon  price  floor  will  be  implemented  in  the  French 
power sector in 2017.  This national initiative is meant to 
have  a  political  ripple  effect  on  other  European 
governments that would facilitate the introduction of soft 
the  European  carbon  market  as 
price  collar  on 
recommended in the Canfin-Grandjean-Mestrallet report 
-  Aligning  carbon  pricing  with  the  Paris  Agreement 
(2016).   Enhancing  carbon  pricing  at  the  EU  level,  by 
fixing  the  price  signal  on  the  EU-ETS  in  particular,  is 
critical  to  trigger  low-carbon  investments  and  meet  the 
ambitious EU climate commitments. 

Revenues  from  transport  taxes  are  significantly  lower  in 
France74  than  average  in  the  EU  (at  0.28%  of  GDP 
compared with the EU-28 level of 0.49% GDP). 

Green Public Procurement  

The  EU  green  public  procurement  policies  encourage 
Member States to take further steps to reach the target 
of applying green procurement criteria to at least 50% of 
public tenders. 
Green  Public  Procurement  (GPP)  is  a  process  whereby 
public  authorities  seek  to  procure  goods,  services  and 
works  with  a  reduced  environmental  impact  throughout 
their  life-cycle  when  compared  to  goods,  services  and 
works  with  the  same  primary  function  that  would 
otherwise be procured.  

The  purchasing  power  of  public  procurement  equals  to 

73 Examen environnementaux de l'OCDE, France, 2016, p. 147. 
74 Eurostat, Environmental tax revenues, accessed June 2016 

France  23 

approximately  14%  of  GDP75.  A  substantial  part  of  this 
money  is  spent  on  sectors  with  high  environmental 
impact such as construction or transport, so GPP can help 
to  significantly  lower  the  impact  of  public  spending  and 
foster sustainable innovative businesses. The Commission 
has proposed EU GPP criteria76. 

The  National  Action  Plan  on  Sustainable  Public 
Procurement  is  the  national  strategy  on  GPP  of  France. 
This  action  plan  was  adopted  and  published  in  March 
2015.  At  the  national  level  the  Action  Plan  aim  to 
increase  the  share  of  environmental  aspects  in  public 
procurement (6.7 % in 2013 in tenders above EUR 90,000  
ex tax). The objective of the Action Plan is to reach 30 % 
in the whole public procurement. 

legal  objectives 

There  are 
concerning:  vehicles, 
dematerialized  communication  technology,  sustainably 
managed  wood,  organic  and  sustainably-made  food,  the 
development  of  car-sharing  transportation,  and  the 
making of a carbon footprint on the State buildings. 

Investments: the contribution of EU funds  

European  Structural  and  Investment  Funds  Regulations 
provide  that  Member  States  promote  environment  and 
funding  strategies  and 
climate  objectives 
programmes 
territorial 
cohesion,  rural  development  and  maritime  policy,  and 
reinforce the capacity of implementing bodies to deliver 
cost-effective and sustainable investments in these areas. 

in  their 
for  economic, 

social  and 

Making  good  use  of  the  European  Structural  and 
Investment  Funds  (ESIF)77  is  essential  to  achieve  the 
environmental goals and integrate these into other policy 
areas.  Other  instruments  such  as  the  Horizon  2020,  the 
LIFE  programme  and  the  EFSI78  may  also  support 
implementation and spread of best practice. 

France  has  ERDF  funding  of  EUR  8,426  million  over  the 
2014-2020  programming  period,  and  plans  to  use  over 
EUR 1 billion or 15.0% to support directly environmental 
projects  (under  the  "thematic  objective  n°6",  see  figure 
12). The spending will come mainly in the areas of: 

  Protection  and  enhancement  of  biodiversity  and 

nature protection. 

75 European Commission, 2015. Public procurement 
76 In the Communication “Public procurement for a better environment” 
(COM /2008/400) the Commission recommended the creation of a 
process for setting common GPP criteria. The basic concept of GPP 
relies on having clear, verifiable, justifiable and ambitious 
environmental criteria for products and services, based on a life-cycle 
approach and scientific evidence base. 

77 ESIF comprises five funds – the European Regional Development 

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. 

78 European Investment Bank, 2016 European Fund for Strategic 

Investments 

 Environmental Implementation Report – France 

 
                                                            
                                                            
  Adaptation 

to  climate  change  measures  and 

prevention of climate change, 

  Rehabilitation  of  industrial  sites  and  contaminated 

land  

France  24 

  Household  waste  management:  thermal  treatment 
and incineration (in the overseas departments),  
treatment 

overseas 

the 

(in 

  Waste  water 
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 spent79.   

in 

(EU  average 

comparison  with 

France has EARDF funding of EUR 9,909 million over the 
period  2014-2020  (before  the  first  modification  and 
before  flexibility  between  the  two  pillars  of  the  CAP 
which is reported to be 3-3.3% per year). The budget for 
agro-environmental-climate  measures  AECM  represents 
10%  of  the  total  EAFRD  and  is  one  of  the  ten  lowest  % 
is  16.51%).  However  AEC 
allocations 
measures  receive  the  third  largest  share  of  the  total 
EAFRD in France, and the forecasted national budget will 
be  doubled 
the  previous 
programming period 2007-2013. Taking into account the  
budget  dedicated  to  measures  in  favour  of  organic 
farming  (which  are  now  implemented  according  to  a 
dedicated  article  of  the  regulation  1305/2013),  the  total 
budget  dedicated  to  these  measures  is  expected  to 
increase from 180 M€/year during the period 2007-2013 
to  360 M€/year  on  the  current  programming  period. 
Besides, the 55.87% rate for P4 (one of the 6 priorities of 
soil 
EAFRD 
protection,) 
less 
favoured  areas  LFA  under  measure  13:  P4  should  be 
reduced at 20% without LFA. France faces environmental 
pressures  on  air  (in  particular  ammonia  emissions  from 
agriculture),  biodiversity  (by  ensuring  consistency  with 
the  prioritised  action  framework  PAF  at  regional  level) 
and  soil  (25%  of  the  territory  likely  to  be  affected  by 
landslides). Irrigation represents a significant pressure on 
the water resource in the southern part of the country. 

focused  on  water,  biodiversity  and 
includes  the  high  contribution  for 

Figure  12:  European  Structural  and  Investment  Funds 
2014-2020: Budget France by theme, EUR billion80 

79 Final data for the period 2007-2013 will only be available at the end 

of 2017.   

80 European Commission, European Structural and Investment Funds 

Data By Country 

The  contribution  of  the  30  regional  development  plans 
(RDPs),  for  the  first  time  at  regional  level  and  first  time 
steered  by  regional  councils,  including  three  national 
RDPs  and  27  regional, 
is  very  diverse  to  cover 
environmental pressures. 

A large part of the funds is managed at national level so 
there  is  little  latitude  to  manoeuvre  with  regard  to 
measures  dedicated 
farmers,  organic 
production,  or  natural  constraints  (which  represents  up 
to 2/.3 of total funds in some regions).  

young 

to 

European 

Commission, 

As  regards  to  AEC  measures,  the  national  framework 
contains around 70 types of operation (TOs) validated by 
the 
various 
environmental  issues.  The  content  of  the  measures  has 
in  partnership  with  all 
been  discussed  since  2012 
stakeholders 
involved  (ministries  of  agriculture  and 
environment,  managing  authorities,  representatives  of 
farmers, NGOs, scientists and technical experts). 

addressing 

Each  managing  authority  specifies  the  strategy  of 
intervention  for  its  region  in  the  Rural  Development 
Program  (according  to  the  needs  identified  by  a  SWOT 
analysis),  by  identifying  the  areas  with  environmental 
issues  and  the  TOs  that  can  be  used  in  these  areas  to 
address the issues. In addition, the content of some TOs 
of  the  national  framework  can  be  adjusted  according  to 
regional or sub-regional specificities. 

local  operators  submit  agri-
Within  each  region, 
environmental-climate  projects  within 
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. .   

the 

 Environmental Implementation Report – France 

 
 
                                                            
 
France  25 

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 
local 
implementation  will  depend  on  dialogue  with 
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 
the 
indication  whether 
equivalence  with  maize  monoculture  for  diversification, 
might  undermine  the  environment 
impact  of  the 
greening. 

inputs  are  allowed  and 

 Environmental Implementation Report – France 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
5. Effective governance and knowledge  

France  26 

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 
policy  coordination  and  policy  coherence,  stimulating 
science, 
innovation,  establishing 
partnerships and developing measurements of progress. 

technology 

and 

Effective governance of EU environmental legislation and 
policies  requires  having  an  appropriate 
institutional 
framework,  policy  coherence  and  coordination,  applying 
legal  and  non-legal  instruments,  engaging  with  non-
governmental  stakeholders,  and  having  adequate  levels 
of  knowledge  and  skills81.  Successful  implementation 
depends, to a large extent, on central, regional and local 
government  fulfilling  key  legislative  and  administrative 
tasks,  notably  adoption  of 
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 
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. 

intervene 

sound 

implemented  when 

Equally,  effective  governance  of  EU  environmental 
legislation  and  policies  benefits  from  a  dialogue  within 
Member  States  and  between  Member  States  and  the 
Commission  on  whether  the  current  EU  environmental 
legislation  is  fit  for  purpose.  Legislation  can  only  be 
properly 
into  account 
experiences  at  Member  State  level  with  putting  EU 
commitments  into  effect.  The  Make  it  Work  initiative,  a 
Member  State  driven  project,  established 
in  2014, 
organizes a discussion on how the clarity, coherence and 
legislation  can  be 
structure  of  EU  environmental 
protection 
existing 
improved,  without 
standards. 

lowering 

it  takes 

Effective governance within central, regional 
and local government 

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, 
and the governance of the enforcement process. 

81 The Commission has work ongoing to improve the country-specific 
knowledge about quality and functioning of the administrative 
systems of Member States. 

is 

that 

crucial 

Capacity to implement rules 
local 
central, 
It 
administrations  have  the  necessary  capacities  and  skills 
and training to carry out their own tasks and co-operate 
and  co-ordinate  effectively  with  each  other,  within  a 
system of multi-level governance. 

regional  and 

The  2013  European  Quality  of  Government  Index  (EQI) 
puts France in 10th place out of the 28 Member States82. 
The EQI shows notable cross-regional variation in France: 
with  high  performing  regions  (e.g.  Brittany)  ranking 
amongst the top EU regions, whilst others perform below 
the EU average. 

Impact  assessments  are 
important  tools  to  ensure 
environmental  integration  in  all  government  policies.83 
The transposition of the revised EIA Directive84  will be an 
opportunity  to  streamline  the  regulatory  framework  on 
environmental assessments. The Commission encourages 
the  streamlining  of  the  environmental  assessments 
because  this  approach  reduces  duplication  and  avoids 
unnecessary  overlaps 
in  environmental  assessments 
applicable 
a  particular  project.  Moreover, 
streamlining  helps  reducing  unnecessary  administrative 
burden  and  accelerates  decision-making,  without 
compromising 
the  environmental 
assessment  procedure.  The  Commission  has  issued  a 
guidance  document  in  2016  regarding  the  setting  up  of 
coordinated 
are 
simultaneously  subject  to  assessments  under  the  EIA 
Directive, Habitats Directive, Water Framework Directive, 
and the Industrial Emissions Directive85. 

joint  procedures 

the  quality  of 

and/or 

that 

for 

82 Charron N., 2013. European Quality of Government Index (EQI) 
83 Article 11 of the TFEU provides that "Environmental protection 

requirements must be integrated into the definition and 
implementation of the Union's policies and activities, in particular 
with a view to promoting sustainable development." 

84 The transposition of Directive 2014/52/EU is due in May 2017. 
85 European Commission, 2016. Commission notice — Commission 
guidance document on streamlining environmental assessments 
conducted under Article 2(3) of the Environmental Impact Assessment 
Directive (Directive 2011/92/EU of the European Parliament and of 
the Council, as amended by Directive 2014/52/EU). 

 Environmental Implementation Report – France 

 
                                                            
 
                                                            
Coordination and integration 
Priority  Goal  no.  7  of  the  7th  Environment  Action 
Programme  aims  to  "improve  environmental  integration 
and  policy  coherence".  This  objective  underlines  the 
integration  of 
a  more  effective 
challenge  of 
environmental  and  climate  issues  in  other  policies,  and 
more consistent strategic and coordinated approaches. It 
is further stated that this requires: 

integrating  environmental  and  climate-related 
"(i) 
conditionalities  and 
initiatives, 
incentives 
including  reviews  and  reforms  of  existing  policy,  as  well 
as new initiatives, at Union and Member State level; […] 

in  policy 

(v) addressing potential trade-offs in all policies in order 
to maximise synergies and avoid, reduce and, if possible, 
remedy 
the 
environment." 

unintended 

negative 

effects 

on 

This is an important aspect of French policy. 

in 

the 

and 

coherence 

To  ensure 
integration  of 
environmental issues into all government policies, France 
involving  all  ministries  and 
has  set  up  a  system 
stakeholders 
society.  The  National  Ecological 
Transition  Council  (CNTE)  includes  representatives  of 
environmental  protection  associations,  trades  unions, 
employers'  organizations,  and  associations  representing 
civil  society,  local  authorities  and  parliamentarians.  The 
CNTE  is  consulted  on  national  legislation  and  strategies 
on sustainable development. 

implementation  of  the  roadmaps 

Its  task  is  also  to  prepare  and  follow  environmental 
conferences.  These  annual 
conferences  are  an 
opportunity  for  stakeholders  to  discuss  directly  with 
Ministers the Government's work program on ecological 
transition.  The 
it 
produces  are  subject  to  regular  monitoring  by  the 
members  of  the  CNTE,  for  which  each  department  is 
accountable  for  the  progress  of  commitments.  More 
generally,  the  Interministerial  Delegate  for  Sustainable 
Development  coordinates  public  policy  for  ecological 
transition  through  the  network  of  Senior  Officials  for 
Impact 
Sustainable  Development 
ensure 
important 
assessments 
environmental integration in all government policies.   

in  each  ministry. 
tools 

are 

to 

An  autonomous  national  environmental  authority 
impact 
provides  opinions  on 
assessment of major public plans and projects at national 
level (CGEDD). The OECD has highlighted the importance 
of this body86.   

the  environmental 

France has  recently  revised  its  legislation  relating  to  the 
regional organisation of the consultative authority having 
environmental  responsibilities  in  order  to  align  it  to 
Directive  2001/42/EC  (SEA).  A  body  representing  the 
national environmental authority will be set up in each of 

France  27 

the  13  Regions.  These  bodies  will  be  functionally 
separated  from  the  public  authorities  in  charge  of 
approving  plans  and  programmes  with  environmental 
effects. 

Such  a  step  should  be  taken  regarding  the  2011/92  EIA 
Directive  in  the  framework  of  the  transposition  of  its 
amending Directive (2014/52).  

Suggested action 

  Ensure  that  the  opinion  on  the  assessment  of  the 
effects  of  certain  public  and  private  projects  on  the 
environment referred to in Article 6 of the EIA Directive 
as amended is delivered by a functionally independent 
authority. 

Compliance assurance 

EU  law  generally  and  specific  provisions  on  inspections, 
other  checks,  penalties  and  environmental  liability  help 
lay  the  basis  for  the  systems  Member  States  need  to 
secure  compliance  with  EU 
to 
have 
environmental rules. 

in  place 

Public  authorities  help  ensure  accountability  of  duty-
holders by monitoring and promoting compliance and by 
taking credible follow-up action (i.e. enforcement) when 
breaches occur or liabilities arise. Compliance monitoring 
can  be  done  both  on  the 
initiative  of  authorities 
themselves  and  in  response to  citizen complaints. It  can 
including 
involve  using  various  kinds  of  checks, 
inspections  for  permitted  activities,  surveillance  for 
possible  illegal  activities,  investigations  for  crimes  and 
audits for systemic weaknesses. Similarly, there is a range 
of  means  to  promote  compliance,  including  awareness-
raising  campaigns  and  use  of  guidance  documents  and 
online  information  tools.  Follow-up  to  breaches  and 
liabilities  can 
(e.g. 
withdrawal of a permit), use of criminal law87 and action 
law  (e.g.  required  remediation  after 
under 
damage  from  an  accident  using 
liability  rules)  and 
contractual  law  (e.g.  measures  to  require  compliance 
with  nature  conservation  contracts).  Taken  together,  all 
of these interventions represent "compliance assurance" 
as shown in Figure 13.  

include  administrative  action 

liability 

Best  practice  has  moved  towards  a  risk-based  approach 
at strategic and operational levels in which the best mix 
of compliance monitoring, promotion and enforcement is 
directed at the most serious problems. Best practice also 
recognises  the  need  for  coordination  and  cooperation 
between  different  authorities  to  ensure  consistency, 
avoid  duplication  of  work  and  reduce  administrative 
burden. Active participation in established pan-European 
networks  of  inspectors,  police,  prosecutors  and  judges, 

86 Examen environnementaux de l'OCDE, France, 2016, p. 17. 

87European Union. Environmental Crime Directive 2008/99/EC . 

 Environmental Implementation Report – France 

 
                                                            
                                                            
such as IMPEL88, EUFJE89, ENPE90 and EnviCrimeNet91, is a 
valuable tool for sharing experience and good practices. 

Figure 13: Environmental compliance assurance 

Currently, there exist a number of sectoral obligations on 
inspections  and  the  EU  directive  on  environmental 
liability  (ELD)  92  provides  a  means  of  ensuring  that  the 
"polluter-pays  principle" 
is  applied  when  there  are 
accidents  and  incidents  that  harm  the  environment. 
There 
information  giving 
insights  into  existing  strengths  and  weaknesses  in  each 
Member State.  

is  also  publically  available 

For  each  Member  State,  the  following  were  therefore 
reviewed:  use  of  risk-based  compliance  assurance; 
coordination  and  co-operation  between  authorities  and 
participation in pan-European networks; and key aspects 
of implementation of the ELD based on the Commission's 
recently  published  implementation  report  and  REFIT 
evaluation.93  

France  has  established  a  range  of  positive  measures  to 
underpin  compliance  assurance,  exemplified  by  the 
following:  
  Preparation  of  annual  national  action  plans  with 
strategic 

thematic  priorities  and  multiannual 
programmes for individual industrial sectors;  

  Use of electronic databases at national and regional 
level  for  sharing  inspections  reports  and  measures 
taken to ensure compliance; 

  Moves towards standardisation of tools for industrial 
inspections,  such  as  methodologies  for  site  visits, 
for 
checklists  and 

internal  procedures 

formal 

France  28 

response to accidents and complaints;  

  Use of a set of performance indicators for evaluation 
of effectiveness of inspection services which include 
parameters  related  not  only  to  classic  inspection 
work  but  also  to  enforcement  activities  and 
compliant handling94 
technical 
for 
Support 
training 
police 
for 
environmental crime95.  

including 
dealing  with 

specialisation, 
officers 

 

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-
water treatment infrastructure.  

France  has  recognised  the  added  value  of  structured 
mechanisms  for  inter-agency  coordination.  For  instance, 
located  within  the 
the  OCLAESP,  a  national  office 
Gendarmerie,  was 
co-ordinate 
enforcement  on  environmental  and  public  health  crime 
across enforcement agencies, including Customs and the 
National Hunting and Wildlife Agency (ONCFS). France is 
active  within  IMPEL  and  was  amongst  the  founders  of 
ENPE.  

established 

to 

For  the  reporting  period  2007-2013,  France  has  not 
reported  one  single  incident  of  environmental  damage 
dealt  with  under  the  Environmental  Liability  Directive. 
The  country  has  developed  guidance  for  the  application 
of  the  Directive  with  a  strong  focus  on  how  to  achieve 
effective remediation, but it applies a very high threshold 
of  damage  before  the  Directive  is  considered  to  apply. 
There  is  no  mandatory  financial  security  and,  while  the 
availability  of  environmental  liability  insurance  schemes 
continues  to  grow,  evidence  of  take-up  by  operators  is 
lacking.  

Suggested action 

  Improve 

transparency  on 

the  organisation  and 
functioning  of  compliance  assurance  and  on  how 
significant risks are addressed, as outlined above. 

88  European Union Network for the Implementation and Enforcement 

of Environmental Law 

89  European Union Forum of judges for the environment 
90 The European Network of Prosecutors for the Environment 
91  EnviCrimeNet 
92  European Union, Environmental Liability Directive 2004/35/CE 
93  COM(2016)204 final and COM(2016)121 final of 14.4.2016. This 

highlighted the need for better evidence on how the directive is used 
in practice; for tools to support its implementation, such as guidance, 
training and ELD registers; and for financial security to be available in 
case events or incidents generate remediation costs. 

  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 

94 See for details, 'Ensuring Environmental Compliance. Trends and 

Good Practices', OECD 2009, p. 113f.  

95 For instance, within the Gendarmerie itself, about 800 officers across 
the country have received specialised training on wildlife crime. See 
'Ensuring Environmental Compliance. Trends and Good Practices', 
OECD 2009, p. 115 and 123.  

 Environmental Implementation Report – France 

 
 
                                                            
                                                            
offer and demand. 

Access to information and knowledge   

France  29 

Public participation and access to justice 

The  Aarhus  Convention,  related  EU  legislation  on  public 
participation and environmental impact assessment, and 
the case-law of the Court of Justice require that citizens 
and  their  associations  should  be  able  to  participate  in 
decision-making  on  projects  and  plans  and  should  enjoy 
effective environmental access to justice. 

Citizens  can  more  effectively  protect  the  environment  if 
they can rely on the three "pillars" of the Convention on 
Access  to  Information,  Public  Participation  in  Decision-
making  and  Access  to  Justice  in  Environmental  Matters 
("the  Aarhus  Convention").  Public  participation  in  the 
administrative  decision  making  process  is  an  important 
element to ensure that the authority takes its decision on 
the  best  possible  basis.  The  Commission  intends  to 
examine compliance with mandatory public participation 
requirements more systematically at a later stage. 

Access  to  justice  in  environmental  matters  is  a  set  of 
guarantees  that  allows  citizens  and  their  associations  to 
challenge  acts  or  omissions  of  the  public  administration 
before  a  court. 
for  decentralised 
It 
implementation of EU environmental law. 

is  a 

tool 

For  each  Member  State,  two  crucial  elements  for 
effective  access  to  justice  have  been  systematically 
reviewed:  the  legal  standing  for  the  public,  including 
NGOs and the extent to which prohibitive costs represent 
a barrier. 

The  French  system  of  administrative  appeal/judicial 
review in the environmental area is based on a clear set 
of  rules  that  ensure  legal  certainty  for  all  potential 
litigants  in  terms  of  predictability  and  transparency  of 
rules related to access to justice. However, the costs for 
in  particular  due  to 
court  procedures  remain  high 
mandatory  legal  representation  before  the  courts  of 
major jurisdiction. These costs may constitute a barrier to 
access  to  the  court  in  particular  for  small  NGO,  in  case 
they do not qualify for legal aid 96. 

Suggested action 

  Evaluate  the  costs  of  legal  challenges  involving  EU 
environmental  law  and  pursue  efforts  in  order  to 
ensure that they are not prohibitively expensive.  

The  Aarhus  Convention  and  related  EU  legislation  on 
access  to  information  and  the  sharing  of  spatial  data 
require that the public has access to clear information on 
the environment, including on how Union environmental 
law is being implemented. 

authorities 

public 
the  public, 

and 
increasingly 

It is of crucial importance to public authorities, the public 
and business that environmental information is shared in 
an  efficient  and  effective  way.  This  covers  reporting  by 
active 
and 
businesses 
dissemination 
through 
to 
electronic means. 
The  Aarhus  Convention97,  the  Access  to  Environmental 
Information  Directive98  and  the 
INSPIRE  Directive99 
together  create  a  legal  foundation  for  the  sharing  of 
environmental  information  between  public  authorities 
and with the public. They also represent the green part of 
the  ongoing  EU  e-Government  Action  Plan100.  The  first 
two 
to  provide 
information  to  the  public,  both  on  request  and  actively. 
The  INSPIRE  Directive  is  a  pioneering  instrument  for 
electronic  data-sharing  between  public  authorities  who 
can  vary  in  their  data-sharing  policies,  e.g.  on  whether 
access to data is for free. The INSPIRE Directive sets up a 
geoportal which indicates the level of shared spatial data 
in  each  Member  State  –  i.e.  data  related  to  specific 
locations,  such  as  air  quality  monitoring  data.  Amongst 
it  facilitates  the  public  authorities' 
other  benefits 
reporting obligations.  

create  obligations 

instruments 

For  each  Member 
accessibility  of 
State, 
environmental data (based on what the INSPIRE Directive 
envisages)  as  well  as  data-sharing  policies  ('open  data') 
have been systematically reviewed.  

the 

The  2016    OECD  Environmental  Performance  Reviews  
states  that  "access  to  environmental  information  is  of 
good  quality:  it  is  supported  both  by  the  role  played  by 
MEEM’s [ministry in charge of environment] Observation 
and  Statistics  Department  in  circulating  information  and 
by the many online data portals set up in recent years 

France's  performance  on  the  implementation  of  the 
INSPIRE  Directive  as  enabling  framework  to  actively 
disseminate  environmental  information  to  the  public  is 
good.  France  has  indicated  in  the  3-yearly  INSPIRE 
implementation report101 that the necessary data-sharing 
policies  allowing  access  and  use  of  spatial  data  by 
States' 
administrations,  other  Member 
national 

97 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  
100 European Union, EU eGovernment Action Plan 2016-2020 

96 
  See study on access to justice in environmental matters: 

Accelerating the digital transformation of government COM(2016) 
179 final   

http://ec.europa.eu/environment/aarhus/access_studies.htm# 

101 European Commission, INSPIRE reports 

 Environmental Implementation Report – France 

 
 
 
 
                                                            
                                                            
France  30 

are 

and 

available 

administrations  and  EU  institutions  without  procedural 
obstacles 
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  reports102  issued  by  France 
and the spatial information that France has published on 
the  INSPIRE  geoportal103  indicate  that  not  all  spatial 
information 
and 
for 
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 
EU 
environmental law. 

and  monitoring 

regulations 

evaluation 

needed 

the 

of 

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.  

102 Inspire indicator trends 
103 Inspire Resources Summary Report  

 Environmental Implementation Report – France