3AI3
*' OCLC 11859377
ENVIRONMENT
FRANCE
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Office of International Activities
U.S. Environmental Protection Agency
MayWT?
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Office of International Activities
Environmental Protection Agency
May 1977
FOR INTERNAL USE ONLY
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PREFACE
This is a brief report on the organization and management of environmental
activities on the national level in France. Reports on Japan, Luxemburg, Belgium,
Great Britain, the Netherlands, Spain, Australia, the Federal Republic of Germany,
v Sweden, Switzerland, and Canada have already been distributed. Similar- reports on
^ ot*ier countries will be available soon. These reports, which are background papers
for EPA staff involved in international activities, are not for distribution outside,
the Agency. [
V? - }
Emphasis.is on policy and regulatory functions of national environmental i
^ agencies as well as on legal instruments for environmental control.. Research and \
. development, often under the auspices of other departments, for example, science and!
technologyf are not covered in these reports.
£ - ' -^ ;
r Source documents for the reports, received %nder the International Documents
^ Exchange, are available in the EPA Headquarters Library. English summaries of the
foreign documents are published in the monthly bulletin "Summaries of.Foreign Govern—\
ment Reports." .
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. TASLE OF CONTENTS
Page
I, National Organization for Environmental Control 1
*
II. Environmental Laws H
III. Standards 2.S
IV. Enforcement Procedures 26
V. Interrelationships Between Government and Industry 31
Reference Notes 34
Appendix 37
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!!i!!.fc £!£!! SIX A L Z B. £T E. C. T I. 0 N I. N F_ R A N £ E_
I. National Organization for Environmental Control
overall government structure
France is a constitutional republic with a popularly elected president who
exercises powers more extensive than those usually associated with heads of state in
parliamentary systems. The president appoints the prime minister and has a major
voice in the selection of the latter's cabinet (Council of Ministers). The prime
minister heads the Council of Ministers and directs the routine operation of the
government. Under the provisions of the Constitution of the Fifth Republic, the
president and the Council of Ministers constitute the executive branch. For that
reason, members of the Council may not serve at the same time as members of parlia-
ment. The legislative branch consists of the popularly elected National Assembly and
the indirectly elected Senate; together they form France's parliament. One of the
most distinguishing features of the French governmental structure is its centralised
nature. The country is divided into 95 departments, each headed by a prefect, who
is appointed and can be removed by the Minister of the Interior. The prefect is an
agent of that minister for carrying out national legislation, and directives. la that
execution he is usually bound by detailed instructions from the Minister of the Inter-
ior, although the prefect possesses broad powers in his own right, particularly in
matters of local pollution. It is the prefect who implements and executes most en-
vironmental protection regulations at the department level.
national environmental body
France was one of the first countries to create a separate ministry for the
1*
protection of the environment. Known as the Ministry for the Protection of Nature
and the Environment, it operated on the ministerial level under the aegis of the Prime
Minister's Office from its establishment on January 7, 1971 to March 15, 1974. On that
*A11 reference notes will be found beginning on page 34.
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date, -as a result-of a reshuffling of the cabinet, environmental responsibilities
were relegated to a state secretariat within a broadened ministry encompassing both'
environmental and cultural affairs. Another change in portfolios on June 6 of that
year witnessed the demise of that short-lived ministry and the establishment of a
new one with a still greater spectrum of topical responsibilities, the Ministry for
the Quality of Life.
This cabinet office had three secretariats, one for youth and sports,
n
another for tourism and one for environmental affairs. In spite of the apparent
diminution of prestige, the new State Secretariat for-the Environment retained the
same mission, functions, and supporting services that the earlier separate ministry
had had.
On August 27, 1976, however, on the occasion of yet another cabinet re-
shuffling, the opportunity was seized to remedy what had over the course of time
become apparent as a weakness in ^ministerial structure. The functions of the State
Secretary for the Environment were at that tine taken over1directly by the Minister
for the Quality of Life 1st order to bring an, end to rivalries stemming from the over-
* i
lapping of responsibilities.
structure
The six most important environmental offices subordinate to the Minister
for the Quality of Life are: 1) the Secretariat- General of the High Commission on
the Environment, 2) the Office for the Prevention of Pollution and Nuisances, 3).the
••
Office for the Protection of-Nature (concerned with hunting, fishing, nature preserves,
and wildlife), 4) the Mission, for the Bural and Urban Environment (responsible for
green, areas, the seashore, mountainous regions, and the urban setting), 5) the Depart-
ment of General Affairs (administration, budgeting, and planning), and 6) the Depart-
ment of Public Relations and Education.-3 The Secretariat General handles long-term
planning and research. The Office for the Prevention of Pollution and Nuisances deals
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with the problems of water and air pollution, noise suppression, waste disposal,
and with interministerial coordination on these matters. (See organization chart,
p. 3a.)
functions
, The Minister for the- Quality of Life has on the one hand an administrative
«n4 decisionmaking role and on the other the responsibility for interministerial co-
ordination. His mission is to assure the protection of landmarks and the landscape;
to improve the quality of life and the environment; and to prevent, reduce, or sup-
press pollution and nuisances of all sorts, whether arising from Individual, agri-
cultural, commercial, or industrial sources. On the administrative and decisiotr-
making level, the Minister is charged with administering programs that were pre-
viously under the jurisdiction of other ministries. Among the programs transferred
was the administration of activities concerning dangerous, unhealthy, and nuisance-
producing installations, previously a function of the .Ministry for Industrial and
Scientific Development and one o£ the cornerstones of environmental protection in
/
France. On the interministerial coordinating level, the Minister for the Quality of
•
Life has functions of both a general, and specific nature. Among the former are
those of elaborating legislation and regulations in concert with-other ministries
and of preparing the budget for the financing of environmental programs. Specific
interministerial coordinating functions include those concerned with water quality
and water management, formerly a responsibility of the Minister for Territorial
••
Planning (land use).
The distinction drawn in the February 2, 1971 decree between ministerial
functions particular to the office in its own right and functions associated with
the interministerial mission of the role is much less apparent in actual practice.
The Minister,, in reality, appears incapable of acting independently even when exer-
cising competences uniquely attributed to his office by virtue of the April 2, 1971
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ORGANIZATION OF THE MINISTRY RESPONSIBLE 1-OR THE ENVIRONMENT
H COMMISSION ON
S ENVIRONMENT
MINISTER
Secretariat
General of
the High
mission on
. Environment
Department of
General Affairs
CABINET
Department of
Public Relations
and
Education
— General Inspection
—Regional Delegates
U International
, Affairs
trice for the Prevention of
Pollution and Nuisances
A | c' j ID [ |s
F | G 1
B 1 H 1
1 ' I 1
/
Orrzca tor the rrotecrion or
Nature
K
Mission for tae Rural and
Urban Environment
M
N
*
T
A environmental media
B users
C water
D sea
E air
F noise
G soil and wastes
H municipalities - industries
I complaints — pollution accidents
J hunting
K fishing - hydrofaiology
L national parks, natural reserves, wildlife
M landmarks - natural wonders
N natural regional parks
0 Mission for Green AReas
P Mission for Seashores
0 Miss:on for Mountainous Areas
R Mission for Quarries
S Mission for Rural Works
T Mission for the Urban Environment
(Taken from: Vallet, Odon, L'Administration de 1'Envl.ronnement, (Paris:
Berger-Le Vrault, 1975), p. 63.)
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decree. Therefore, although entrusted, for example, with the.custody of national
parks, the Minister was unable to conduct the transformation of the National Park
of Port-Cros into the National Park of the Hyeres Islands without the approval of
the Interainisterial Action Committee for Nature and the Environment (CIANE). CIANE
consultation was similarly required on a proposed amendment to the classified instal-
lations nomenclature and on the Imposition of a tax for such classified installa-
tions, since the Minister responsible for the environment could not be expected to :
appreciate all of the ramifications of these modifications.
Moreover, even to exercise those functions which are uniquely his, the
Minister must often operate through other ministries' bureaus or departments which
are made available to him without becoming attached to his own ministry. Reforms
in the area of hunting and fishing, for example, require the participation of Agri-
culture Ministry departments.
• •
•On the other hand, however, the Minister's role of initiator and coordi-
nator may at times grant him a certain preeminence in. the choice of objectives to
be pursued and in the determination of the means to be used in their achievement./
The control of air pollution from automobile vehicles, for example, while remaining
the concern of other ministries, has nevertheless been brought within the jurisdiction
of the Minister for the Quality of Life because of research undertaken at his initia-
tive within the Office of Pollution Prevention or on account of directives issued
from his office.
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staffing
The staff of the minister responsible for the .environment is deceptively
modest in size. 1976 budget figures indicate 371 paid regular and contracted employ-
8
ees in central administrative and research positions. These figures do not take
into account, however, officials at the disposal of the Minister but actually serving
in other government bodies, personnel serving outside of Paris, in the water basin.
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authorities and national parks, and those commissioned in the various prefectural
departments for the inspection of classified installations. Figures for 1974 indicate
that the Minister had at his disposal 20 regional delegates who, in turn, benefited
from the assistance of regional workshops for landmarks and landscapes, employing a
staff of 49 persona. Personnel made available by the Service of Mines'for inspec-
tion duties amounted to 277, bringing the total number of employees (regular and
contracted) engaged in the execution of environmental policy during 1974 to 645
9
persons.
other national environmental organizations
In addition to the Ministry for the Quality of Life, there is a .....!
multiplicity of ministries, secretariats, commissions, and committees with vary-
ing degrees of responsibility for, or coordinating interest in, environmental protec-
tion. Often their specific spheres of jurisdiction are overlapping or intertwined,
particularly in regard to water resources management. ^ This crisscrossing of \
responsibilities, points up the coordinating role of the Ministry for the Quality
of Life, a role that some critics claim overshadows its dacisionmaking responsibili-
.ties.11
Many of the bodies are interministerial in composition and crossdiscipli-
nary in. their responsibility, for example, the High Commission for the Environment,
the Interministerial Action Committee for Nature and the Environment, and the Inter-
ministerial Group for the Evaluation of the Environment.
^•"
The High Commission, for the Environment, created by a decree of July 30,
1970, is composed of ministerial representatives and specialists and presided over by
the Minister for the Quality of Li£e~ It recommends broad policy outlines, assures
proper coordination between, public organizations and private groups, keeps itself
informed of pending legislation, and is available to the various ministries for can-
't 2
sultation on environmental affairs.
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The Interministerial Action Committee for Natura and the Environment
(CIANE), created by a decree of February 2, 1971, is charged with setting in motion,
coordinating and controlling the action that is taken to protect nature and the en-
vironment. It has jurisdiction on matters requiring interministerial coordination,
particularly, .but not exclusively, as they pertain to water pollution and the invest-
ment of special anti-pollution funds made available by the Fund for Intervention and
Action for Nature and the Environment which was also set up by the same decree. The
Committee is presided over by the Prime Minister and includes most of the cabinet
members. • '
The Interministerial. Group for Environmental Evaluation was set up in June
1972 under the Prime Minister and under the authority of the minister responsible for
the environment. This interministerial group is responsible for establishing a system
of analysis and information relating to the physical, social and economic factors !
connected with the environment, and their interdependence. A precise assessment of
the expenses, costs and advantages, both economic and social, connected with the
environment is', in fact» considered an essential means to a genuine environmental
policy. In this respect the Interministerial Group can make any practical proposal
to the public authorities. The Group, consisting of representatives from. 15 govern-
ment departments and experts chosen for their competence, has set up seven working
parties, two of them analytic groups and five perspective study groups, in which a
large number of experts have participated. The two analytic groups are: accounting,
•»
statistics, and economic theory; and quality of life, habitat and consumption. The
five perspective study groups are: population and land use; natural resources;
energy; new technologies; and agriculture^ These seven groups, whose work is giving
rise to various publications, are themselves divided into working units of limited
scope to which subjects for specific study can be passed. The flexibility and infor-
mality of the composition of such groups enables a small team to be set up rapidly to
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examine a particular problem and provide a basic analysis or make recommendations.
The Ministry for Territorial Planning has, as its name suggests, certain
responsibilities in the area of rural and urban land use. A number of other minis-
tries have direct interest in specialized aspects of environmental protection; the
more important of these include the Ministry of 'Agriculture, the Ministry of Scien-
tific and Industrial Development, and the Ministry for Equipment and Housing.
Other national-level bodies include the Permanent Secretariat for the
Study of Water Problems, the National Water Committee, the Interministerial Mission
for Water, and the Interministerial Commission for Coordination in the Prevention of
Atmospheric Pollution.
The Permanent Secretariat for the Study of Water Problems handles inter-
ministerial coordination in the realm of water management. It conducts technical.
and juridical studies requisite for the elaboration of legislative and regulatory
texts, promotes research and development, and prepares planning for government inter-
vention in matters concerning water resources. It is under the general guidance of
this Secretariat that the- water basin authorities operate.^°
The National Water Committee, composed of representatives from industrial
users, municipalities, and the national government, gives advice on the geographic
perimeters of the water basins, on water development and distribution plans of a
national or regional character, and on problems affecting two or more water basin
authorities. It assembles documentation required in replying to questions arising
»
from the interpretation of the 1964 Water Law. Although the National Water Committee
is primarily consultative, its accomplishments are significant. It has assisted the ••
government in defining water policy and has been, a prime mover in a number of specif-
ic actions: the elaboration and implementation of regulations governing detergents,
the development of studies for the formulation of new pesticides legislation, and
measures to be taken for the collection and elimination of waste oil. The Committee
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has also given expert opinion on water-quality objectives, especially on the content
and application of policy for highly polluting industries.^
The Interministerial Mission for Water, presided over by the Minister for
the Quality of Life and composed of representatives from ministries with an interest
in water resources, is responsible for advising the minister or secretary responsible
for the environment on equipment programming and the distribution of anti-pollution
funds among the various ministerial departments. The Mission also plays a signifi-
cant part in legislative and regulatory coordination. It examines for the Minister
proposed water legislation and regulations drawn up by the various ministries.-^
The Interministerial Commission for Coordination in the Prevention of
Atmospheric Pollution prepares decisions pertinent to air pollution for the Inter-
ministerial Action Committee for Nature and the Environment and monitors the imple-
mentation of these decisions by the concerned ministries. It also assists in the
resolution of differences between the Ministry for the Quality of Life and other
* TQ
ministries on proposed laws and regulations for the preventions of air pollution. J-y
The Interministerial Commission on the Disposal of Wastes, created by a
decree of April 23, 1975, prepares decisions pertinent to this field for the Inter-
ministerial Action Committee for Nature and the Environment and generally advises
the Minister on problems of waste disposal.
national-local relationships
France has a centralized governmental structure, with decisions of state
going directly from the seat of government in Paris to the 95 prefectural departments.
In order to dispel public suspicion of environmental policy decisions adopted by a
remote central government, succeeding administrations have manifested the desire to
see French environmental policy implemented, or even developed, in a less centralized
manner. Such decentralization has taken place on the regional, 'departmental and
communal levels.
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Recognition of the need to meet regional problems was first evident in the
appointment of regional prefects, who exert an influence on environmental protection
through the formulation of Regional Programs of Economic Development. A 1970 direc-
tive to these prefects from the Prime Minister calls for the establishment of
regional environmental action programs.
To assist the regional prefect in the performance of his environmental
duties, there was created the office of regional environmental delegate. Although
a representative of the central government and charged with general inspection duties,
this official, is not a regional bureau chief and consequently exercises no adminis-
trative functions. His lack of authority limits his task to one of influence,
coordination and advice. He is also expected to report back to the Minister on the
regional and local implementation of his environmental policy. A circular of March
23, 1973, however, restricted the inspection duties of a delegate to areas outside
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the realm of industrial nuisances.
The departments remain the political units directly responsible to the
central government, and therefore responsibilities for the implementation of national
environmental policy are imposed upon the departmental prefects, who must oversee
the execution of laws, regulations and national decisions in the department and in
the municipalities. As representative of the major ministries, the prefect may
exert influence in environmental protection through the initiation and coordination
of these ministries' departmental bureau affairs. Moreover, in the case of classi—
»
fied establishments, the prefect has been directly entrusted with environmental
police powers. Finally, the Minister for the Quality of Life may address specific
instructions to a prefect oa the implementation of his policy either on an individual
basis or in the form of a circular".
A circular dispatched to all department prefects in February 1972 called
for the creation in each department of an office for the protection of nature and
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the environment to be the permanent departmental center for coordinating measures
among all services within the department as well as the center where citizens who
consider themselves victimized by environmental nuisances may register their com-
« /\
plaints.>u A recent investigation by the Interior Minister indicated that a large
number of prefectures had. failed to establish such an office in spite of the 1972
circular. A circular was consequently issued on December 2, 1975 stressing the
Importance of these offices, whose chiefs are to work directly with the prefect on
matters pertaining to the environment. Duties of the office chief enumerated by the
circular include: 1) maintaining liaison with the Minister for the Quality of Life,
with concerned departmental services, with elected officials, the general public and
concerned associations; 2) combating nuisances and pollution (classified installations,
noise, water, air).2-*-
. On the communal level, the mayor is given a role in the protection of the
environment by virtue of his police powers, which encompass the maintenance of pub-
lic health (therefore applicable to water and air-quality protection) and the main-
tenance- of public tranquiiity (thereby applicable to noise pollution). The depart-
mental prefect may, however, intervene and assume mayoral functions whenever a mayor
has failed to take- the steps necessary to end a particular instance of pollution.22
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II. Environmental Laws
legislative system
In France, as in other parliamentary democracies, it is the Parliament
that enacts legislation. Within the legislative authority granted to Che French
Parliament by the Constitution, a distinction is made, however, between those spheres
in which the legislature (the National Assembly and the Senate) can set regulations
and those spheres in which it has the right to lay down only general or basic prin-
ciples. When the Parliament enacts these basic principles, the resulting legisla-
tion is known as framework law. Most environmental enactments are such framework
laws, with the -power to give substance or fill out the legislation being left to
the Council of Ministers, the responsible ministries, and sometimes to the depart-
mental prefects.
codification and diversification
France does not have a single unified environmental code for two basic
reasons: because legislation is still in the process of being drawn up, and because *
environmental law by its very nature does not lend itself to general principles, its
characteristic feature residing in its constant adaptation to technological progress
and its corresponding reliance on meticulous regulation. * The basic provisions- for
the control of water and air pollution are presently embodied in three framework laws:
The December 16, 1964 Law on the Administration and Classification.of Waters and the
Prevention of Their Pollution (1964 Water Law); the July 19, 1976 Law on Classified
*
Installations for the Protection of the Environment (Law on Classified Installations);
and the August 2, 1961 Law on the Prevention of Atmospheric Pollution and Odors (1961
Clean Air Law),
highlights of the major water and air laws
The 1964 Water Law, designed among other things to control water pollution
and restore the purity of waters, endeavors to satisfy or reconcile the requirements
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of the following:
the supply of drinking water to,the population,
and public health;
agriculture, industry, transport and all other
human activities useful to society;
, the fauna and flora of the receiving water and,
in particular, the fish, the use of water for
leisure pursuits and water sports, and the
protection of natural beauty;
the conservation and the flow characteristics
1 of water.
To do this, the law's provisions extend to discharges, drainage, wastes,
storage, whether directly or indirectly, of materials of any kind, and more general-
ly, to anything liable to cause or increase the deterioration in. the quality of
waters, whether surface water, groundwater, or maritime territorial waters, by
changing their physical, chemical, biological or bacteriological characteristics.
. The law prohibits the discharge into the sea of any substance, and in
*
particular industrial and radioactive wastes,: liable to be harmful to public healthl
The law provides for an inventory of all surface waters to determine their degree of
pollution, and for regulation by decree of the technical specifications and physical,
chemical, biological, and bacteriological criteria that must be satisfied by surface
waters and the period within which the quality of each receiving water body must be
improved. Installations in existence before the promulgation of these decrees, must
satisfy the specifications and criteria within the time frame set by the decree. New
installations for water catchment and new outlets for discharges, constructed after
publication of the criteria and specifications, are subject to the prior approval by
the prefect of the technical, plans for the treatment plants and to his authorization
to permit the operation of the installation. The 1964 Water Law further authorizes
the determination, by the decree of the Council of Ministers, of the conditions
under which discharges, drainage, the storage of water or materials, directly or
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indirectly capable of altering the quality of surface waters, groundwater, or ter-
ritorial waters may be regulated or prohibited; the conditions under which the sale
or marketing of products capable of causing discharges that have been prohibited or
regulated may be controlled. The law also established the water basin authorities,
a National Water Committee, and special water planning areas.
The 1917 Law on Classified Establishments, until recently the oldest and
probably most extensive anti-pollution legislation in force, has been abrogated by
the July 19, 1976 Law on Classified Installations for the Protection of the Environ-
ment. The new law, which entered into'force on January 1, 1977, constitutes an at-
tempt at modernization while maintaining a certain continuity of structure with the
earlier legislative text. Decrees and orders issued under the 1917 Law continue to
remain in force.
In common with its predecessor, the 1976 Law classifies industrial facilities
on the basis of their potential health hazard and nuisance generation, establishing
*
provisions for the granting of authorization to operate these facilities and for set-
ting up an inspection system. Among the pollutants and nuisances regulated are harm-
ful emissions, dust, water-quality altering discharges, noise, vibrations, and sub-
stances susceptible of easy combustion.
The 1976 Law extends the scope of the previous version, making its provi-
sions applicable not merely to establishments of an industrial or commercial charac-
ter but to all installations, public or private (including agricultural, residential,
%--
pedagogical and research facilities), whose operation could be considered to consti-
tute a- hazard or annoyance. The Law also broadens the areas of interest to which
protection is provided, adding the protection of nature and the environment to the
protection of public health, safety and well-being. It improves and intensifies the
inquiry procedure required prior to authorization, calling for an environmental impact
study and the consultation of municipal councils. It enhances the role of the
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Minister for the Quality of Life, who may in certain instances replace the prefect in
his capacity as authorization issuing agent. And finally, it intensifies provisions
dealing with administrative measures of coercion and penal sanction.
Major innovations in the Law include: 1) the reduction of the "classes"
provided for in the nomenclature to the following two: a) installations subject to
authorization, comprising the former first and second classes and b) installations
subject to declaration, corresponding to the former third class; 2) the institution
.of a time limitation for the initiation of proceedings in an administrative court by
a third party, neighbor, or municipality—four years from the issuance of an authori-
zation and two years from the start of operations for installations in operation
longer than two years.
The Law, unlike the 1917 Law, would apply to pollution from domestic heat-
ing but does not take into account pollution from autqmobile traffic—two sources of
air pollution covered in the 1961 Clean Air Law,
The 1961 Clean Air Law is a framework law requiring "that all buildings and
industrial, commercial, handicraft or agricultural facilities as well as vehicles
A
or other movable objects are to be constructed, operated, or used in such a manner
as to prevent the pollution of the atmosphere and the dissemination, of foul odors
which, among other things, constitute a public nuisance and a menace to public health.
The law provides that in its application cases and conditions may be established where
the discharge into the atmosphere of smoke, soot, dust, poisonous gases, or corrosive,
malodorous or radioactive substances can be prohibited or restricted.
waste disposal
Problems dealing with the disposal of wastes from industrial and urban or
domestic sources are treated in. the Law of July 15, 1975 on the Disposal of Wastes,
as are both the recovery of useful materials and thermal energy. Aimed at reducing
environmental hazards, the law makes producers or holders of potentially noxious
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wastes responsible for their disposal in a manner not prejudicial to the environment.
Police authorities are empowered to dispose of any wastes which are found to have
been abandoned or not to have been treated in accordance with the provisions of the
law and to do so at the expense of the responsible party. To facilitate the disposal
of all wastes, the law subjects to regulation the manufacturing, importing and dis-
tribution of products which produce or give rise to wastes. Local authorities or
agencies which ensure the disposal of household wastas may, in certain instances,
dispose of industrial wastes and are authorized to craate a special fee system to
finance their disposal. The law further provides for the establishment of a National
Agency for Waste Disposal and Recovery under the leadership of the Minister for the
Quality of Life and the Ministers of Industry and t:-i» Economy. An implementing
decree stipulates that the purpose of the Agency is ::o initiate and facilitate waste
disposal and recovery efforts. Toward this end the Agency: 1) is to be kept informed
by the federal services of ongoing studies in the fivld and 2) may -contribute to, or
independently undertake, any study within its area cf expertise. To ensure the per-
formance of these activities, the Agency is authorize-1 co accord subsidies and loans
to public and private organizations to the extent ti :•:£ research and endeavors carried
out by these organizations realize the Agency's objectives.
Provisions pertaining to the recovery of materials stipulate that in the
event of a shortage, or as a measure to safeguard the environment, the government may
determine the minimum proportion of recovered materiala or elements which must be used
in the production of a product.
pesticides
The regulation of" pesticides is achieved t-.rough tests pertaining either
to the control of these products' sale or the control of their use. The basic text
governing the control of pesticidal products for agricultural uses is the Law No. 525
of November 2, 1943 restricting the sale or free distribution of certain products
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that have not received official approval. Subsequent legislation has increased the
list of designated products to be subjected to this formality. Because official
approval of a product does not preclude its excessive use or its use in areas which
are particularly sensitive to these products, the Law of 1943 requires that dosage
prescriptions and method of use be specified on the packaging. Additional precaution-
ary measures are set forth in succeeding decrees.26
radiation
Protection against the hazards of radiation is afforded by provisions of
the 1961 Clean Air Law, which, among other things, grants to the government the right
to issue regulations limiting or proscribing the emission of radioactive emissions
into the atmosphere- There are, additionally, decrees in force for the protection
of personnel against ionizing radiations, the licensing of equipment and installa-
tions in which, ionizing radiations are presentt and the supervision of nuclear instal-
lations.
noise
Franca has no framework law on noise abatement, and recent attempts to
formulate- such legislation have been, abandoned in favor of the older practice of
regulating specific sources of noise (construction equipment, motor vehicles, work
sites), The 1976 Law on Classified Installations can also be applied to noise nui-
sances.
protection of nature and environmental impact
A recently enacted law, pertinent to all areas of environmental protection,
is the July 10,. 1976 Law on the Protection of Nature. This law,'which essentially
deals with the protection of natural spaces and landscapes, the preservation of ani-
mal and vegetable species and the maintenance of biological balances, and the protec-
tion of natural resources, stipulates that studies required prior to the undertaking
of any large project include an impact statement enabling an assessment of the project's
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consequences on the environment, The study is to describe initial conditions of the
site and its environmentf and to evaluate the changes expected as a result of the
project, as well as any planned measures to alleviate the negative consequences.
The national laws of France are published in the official legal gazette,
Journal Officiel de la Republique Francaise.
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III. Standards
status of water standards
Although broad nationwide standards for surface water protaction have not
7 Q
yet been decreed, notwithstanding the right of the Council of Ministers to do so
under the 1964 Water Law," the water basin authorities have as their stated goal to
hold the pollution of the country's watercourses at its present level and to achieve
fj Q
a 25 percent reduction by 1985. y One of the reasons that the government did not
promptly formulate water standards under the provisions of the 1964 Water Law was
the intention first to survey the degree of pollution in the country's watercourses
as provided under the same law, a task that was not completed until 1973.30 During
the interim, protection, was, and continues to be, afforded by provisions contained
in other laws. It must be remembered that application of the 1917 Law on Classified
Installations was not prejudiced by enactment of the 1964 Water Law, nor is applica-
tion of pertinent provisions found in other legislation such as the Public Health
Code, the Rural Code, the Civil Code,, and the Criminal Code, and that the police ]
powers of the department prefect are extensive where public health and safety are
concerned. The first implementing regulation of" the 1964 Water Law as it pertains
to standards came with a 1970 decree proscribing the discharge into surface waters,
groundwaters, or bordering sea areas of anionic, cationic or non-ionic detergents
when the biodegradability of these products is less than 80 percent. In addition,
prescriptions, concerning the requirements for treated effluent being emitted by
purification, installations have been, issued to guide prefects in the drafting of
discharge authorization decrees and to assist public and private organizations with
the establishment, operation,, and maintenance of purification plants. These techni-
cal characteristics, initially set forth in the Circular of July 7, 1970, were re-
vised and reissued in the Circular of June 10, 1976 to department prefects from the
Minister of Health. The instruction in this Circular contains the following-
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specifications for effluents: a degree of acidity (pH) ranging between, 5.5 and 8.5;
that an effluent discharged into a liquid receiving medium not contain substances
in a concentration liable to cause death to fish after dilution at 50 meters down-
stream from the discharge point; and that the effluent not result in a visible
coloration of the receiving water. These specifications apply to all effluent re—
.gardless of the degree or type of treatment. Additional treatment prescriptions
include the following requirements:
*content of total suspended matter: 30 mg/liter for all two
hour samples;
*BOD5: 40 mg/liter for all 2 hour samples and 30 mg/liter, on the
average, per 24 hours;
*CODr 120 mg/liter for all two hour samples and 90 mg/liter, on :
the average, per 24 hours;
*organic and ammonial nitrogen concentrations: 50 mg/liter for all
two hour samples and 40 mg/liter, on the average, per 24 hours;.
*putrescibility test: water is not to emit any putrid or ammonial
odor either before or after a five-day incubation period at 20°C.
to-
Alternative prescriptions apply to more specialized treatment systems or
processes. All technical specifications, however, apply strictly to domestic waste-
waters, which may include the presence of industrial wastewaters when these do not
predominate. Wastewater is considered to qualify as domestic wastewater when an
average 24 hour sample subjected to a prior two hour decantation meets the following
criteria:
*COD/BOD5^2.5 *
*COD3£750 mg/liter
*organic and ammonial nitrogen content«SlOO mg/liter.
Effluent requirements set out in the June 10, 1976 Circular correspond to
the fourth of six pollutant levels defined for domestic effluents in the May 13, 1975
Order on the technical conditions to which discharge authorizations are subject.
These levels are based on the intended use of receiving waters, taking into account
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the prasent degree of pollution, their self-purification capabilities, and the
necessity of maintaining a biological balance in those waters.
status of air standards
France has no overall ambient air standards.32 The French approach has
been to sat standards for specific geographic areas, specific sources, and specific
industries. The first major implementing regulation issued under provisions of the '
1961 Clean Air Law was a 1963 decree granting to the government the right to establish
technical specifications to which combustion-operated heating units must conform and
to draw up special protection zones within which limits may be fixed for smoke and.
gaseous emissions. The provisions of this decree are of two different types: one
dealing with the totality of France, the other with specially delineated protection
zones and the promulgation of specific measures applicable only to them.
The first set of provisions requires that the construction, sale, use,
maintenance, and operation of combustion-run, heating units, wherever they may be
located, by whomever they may be owned and whatever the nature of the fuel they con- ;
sume, must conform to technical specifications jointly decreed by the Minister of
Public Health and the Minister of Industry.
The technical specifications also state for each concrete case the period
of time before they enter into force. At the expiration of this period, no heating
equipment may be sold unless it is accompanied by a declaration from the manufacturer
assuring conformance with the appropriate norms and setting forth conditions for the
installation, and repair of the equipment as well as specifying the fuels to be used.
(The sulfur* content of fuels used in. urban areas is currently limited to 0.5 percent
but a further reduction to 0.3 percent is anticipated when European-level negotiations
among- industrialists reach a conclusion.)3-* The framework law under which this decree
was issued designated agents responsible for carrying out necessary monitoring tasks.
The 1963 decree expanded this authority and gave to these agents Che right of free
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access to the specified equipment and fuel stores.
The second .set of provisions embodied in the 1963 decree provided for the
creation of special protection zones (industrial-urban areas where air pollution
levels are high) and for the placement of these zones under special standards. The
establishment and delineation, of these zones are subject to approval by the Ministers
of Public Health, Interior, Industry and Construction on the request of the appro-
priate prefect after his consultation with the public health council of the affected
department,
The perimeters of each zone are determined on the basis of population den-
sity and the degree and type of particulate concentration in. the air, the concentra-
tion of sulfuric anhydride and other toxic gases, solar' radiation and local climatic
influences.
Whereas the 1963 decree detailed the ^government's authority to draw up
special protection zones and subject them to special air-purity standards., real im-
plementation of that authority came the following year with foAr interministerial
decrees. They established two protection zones in the Paris area and established
regulations governing heating units and fuels in these zones. These 1964 decrees
also set limits to the emission of pollutants into the atmosphere and made installa-
tions in these zones subject to these limitations.
In February 1974, two subsequent decrees created two additional such special
protection zones in the French departments of Nord, at Lille-Roubaix-Tourcoing, and
the Rhone, in the communities of Lyons and Villeurbanne. These decrees, which entered
into force on October 1, 1974, limited the sulfur content of fuels used in the heating
installations and required the maintenance of boiler room registers showing: the type
of fuel used; results of inspections; and other information as called for in the June
1969 ministerial decree on these boiler room registers.
The creation of additional zones of protection in areas of comparable
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pollution levels, such as Marseilles, has already been proposed but still remains in
the planning stage.^
What, has been called France's "pura air code" came into being on May 13,
1974, with a decree controlling air-polluting emissions and certain usas of thermal
energy. This decree synthesizes all air pollution texts published since 1948, includ-
ing the important 1963 decree. It also introduces two new provisions: first it
grants to department prefects the authority to call local pollution alerts when pol-
lution levels warrant and to require offending installations to reduce emissions or
. temporarily suspend the offending operations; secondly, it authorizes joint action
by designated ministers (environment, construction, energy, public health, agricul-
ture) to determine the conditions for the use of incineration, combustion, and ther-
mal equipment throughout the. country.3S
A May 20, 1974 decree, pursuant to this May 13 decree, provides j
additional details on inspection procedures for installations dependent .on the use
of thermal energy. Applicable to all installations with" an hcurly consumption rate
of over 3,000 thermal units, the provisions bear on the production, transportation,
distribution and use of such energy. Licensed inspectors are authorized to submit
subsequent recommendations to the chief of minerology for the arrondissement (the
large administrative districts into which departments are subdivided) with regard to
possible modifications geared to increase economy without adversely affecting the
efficiency of antipollution equipment.
*
Also concerned with the efficiency of combustion installations is the
interministerial decree of July 31, 1975, which establishes limits for dust and soot
emissions, sets forth a system for the calculation of chimney heights and prescribes
the introduction of measurement and control instrumentation within boilers for greater
efficiency of operation and consequent reductions in pollution and energy wastes.
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Permissible emission limits for various pollutants from specific sources
have been issued in a series of circulars to be used by prefects in granting author-
izations under the Law on Classified Installations. These remain in effect and include:
July 28, 1966 circular on industrial pollution from heat-generating
installations with capacities in excess of 3,000 thermal units per hour:
t • *y
maximum dust content: 0.5 g/m
maximum. CO content: 0,05 percent per volume
Tna-g-ttmtm ambient S02 concentrations: 1 mg/m with levels in excess
rendering mandatory the use of low sulfur content fuels.
June 6, 1972 circular on the incineration of urban wastes:
•j
maximum dust content: 0.15 to 1 g/m according to capacity
maximm CO content: 0.1 percent per volume
maximum C02 content: 7 percent: per volume
August 25, 1971 circular on cement plants:
; 3
dust content: 0.15 g/m
July 24, 1972 circular on iron-ore complexes;
I
dust content: 0.15 g/m
(0,5 g/m3 content is tolerated for annual durations of -
less than 200 hours,) , .
\ /
March 8, 1973 circular on steeL plants with basic oxygen furnaces :
• \
maximum, dust content: 0.12 g/m-3
March 8, 1973 circular on casting foundries;
maximum dust content:: 0.15 g/m
January 14, 1974- circular on tar binding units used in road construction:
fixed units —maximum dust content 0.15 g/ra^ if located less
than 500 m from a dwelling or less than 100 m from an urban area;
0.5 s/m i^ located beyond these distances with a capacity of
less than 150 thermal units per hour.
mobile Units — may-fnmm dust content 0.15 g/nr* if unit is within..
300 m of a dwelling-.
As of January 1, 1977, 0,15 g/m3 if unit of a capacity equal to
or greater than 200 t/h is situated at 1000 m from urban area or
0,8 g/m3 if unit capacity is less than 200 t/h.
July 31, 1974 circular on nuisances from nitric acid plants:
maximum nitrogen oxide content: 4.5 kg per ton of nitric acid
being produced. 3°
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The regulation of air pollution emanating from non-stationary sources was
made subject to control by the 1961 Clean Air Law and initially regulated by an
order of November 12, 1963 issued by the Minister of Public Works and Transport on
design construction, maintenance, and operation requirements of automotive engines
for the prevention of harmful or unpleasant emissions. This and subsequent orders
have now been superseded. France has conformed since March 10, 1972 to the standards
of the United Nation's Economic Commission for Europe, which the European Community
has in turn adopted for ratification by its member states. In accordance with the
amended version of these standards, which entered into force on January 16, 1975 in
France, motor vehicles are to be so constructed that emission of air polluting gases
is limited to the extent allowable by the current state of technology. Specific
standards apply to carbon monoxide and hydrocarbon emissions from motor.vehicles
with positive-ignition engines tested under three different conditions. Test I
involves vehicles under 3500 kg in weight capable of achieving 50 kilometers per
hour on a windless straight stretch of road. Such vehicles are to conform to the
/
following emissions standards in. simulated heavy traffic operational conditions dur-
•
ing type testing? carbon monoxide emissions per test are not to exceed.values rang-
ing from 80 to 162 grams for vehicles weighing up to 2150 kg and 176 grams for ve-
hicles weighing more that 2150 kg; hydrocarbon emissions per test range from 6.8 to
10.3-grams for-vehicles weighing up to 2150 kg and 10.9 grams for vehicles weighing
more than 2150 kg. During Test II, which is to take place at idling speed, emissions
». .
of carbon monoxide in exhaust gas are not to exceed 4.5 percent per volume. Test III
involves the measurement of gaseous emissions from the crankcase; during this test,
hydrocarbons emitted from the crankcase and not recycled by the engine must represent
• less than 0.15 percent of the fuel quantity consumed by the engine.
status of standards for other program areas (noise, radiation, pesticides)
Although general noise standards have also yet to be published, decrees,
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orders and circulars, such as the one of November 26, 1971 concerning the maximum
permissible noise level of interior work environments (80 dB's), aimed at specific
sources of noise have been issued. These concern noises originating from work site
machinery (limited to 80, 83, 87, or 90 dS's depending on the category of the equip-
ment); noise from motor vehicles whose silencers require EC approval; aircraft noise,
which is subjected to international regulation; and, more recently, noise from domes-
tic appliances and equipment, which is restricted by the Decree of October 17, 1975
to non-excessively disturbing levels.
Measures designed to provide protection from ionizing radiation, in addition
to the licensing and monitoring procedures for nuclear 'installations already noted,
include the authorization of gaseous radioactive effluent discharges, which is ac-
companied by the mandatory monitoring of neighboring areas, and the prescription of
maximum permissible doses and concentrations for occupational exposure.
Pesticides and compounds for use in agriculture which contain arsenic,
• * i
lead or mercury are banned by a decree of 1948. Additional control of pesticides is
exercised through the prohibition of the sale or distribution of specified products
without express government permission and through the maintenance of a register of
approved products,
promulgation
Regulations and standards issued by ministerial or interministerial decree
(Council of Ministers) are published, as are framework laws enacted by Parliament,
•-
in the Journal Officiel de la Republique Francaise. Advice to the department prefects
on the implementation of regulations is communicated by circular letter. Prefectural
decrees are published in the collection of administrative acts of the department to
which the decrees apply. They must also be inserted in the local newspapers.
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IV. Enforcement Procedures
court system
The French judicial system is based on code law, with the advantages of
accessibility and uniformity.37 At the apex of the court system is the Supreme
Court of Appeal (Cours de Cassation), immediately beneath which are the inferior
appeals courts (cours d'apoel). Structures below these appeals tribunals are two
parallel hierarchies of courts: the civil courts (tribunaux de grande instance
for major cases and the tribunaux dfinstance for minor civil cases) and the criminal
cou"3 (tribunaux correctionels for serious criminal offenses and the tribunaux de
P°lice for less serious-offenses). In addition to these regular courts, Franca has
a system of administrative courts (tribunaux administratifs) to afford the individual
redress against arbitrary or unwarranted exercise of power by the government or its
officials. All of these courts can play a role in the disposition of environmental
*
cases. Under the 1917 Law on Classified. Installations, the following types of situa-
tions are illustrative of that role-
An operator of an industrial firm who is dissatisfied with a prefectural
decree refusing his request to open a new plant or a. third: party who disapproves of
a pref ectural authorization for the opening of a plant may bring his complaint before
an administrative court. Violation of the 1976 Law on Classified Establishments or
one of its implementing decrees in the course of the operation of an industrial plant
can subject the operator of that plant to sanctions imposed by a criminal court.
•»•
Third-party claims for damages attributable to environmental pollution or nuisance
can be pressed in the civil courts.38
mechanisms and procedures
Methods and incentives to compel compliance with environmental laws and
regulations include licensing procedures, inspections, the powers vested in department
prefects, the right of pollution victims to sue for damages, and the penalties
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attached to violatioa of these laws and regulations. The following procedures are
illustrative of these enforcement methods.
Under the provisions of the 1976 Law on Classified Installations for the
Protection of the Environment, factories, workshops, storage depots, work sites,
quarries, 'and other public or private installations -which may present a danger or
annoyance to adjoining areas, to the public health and safety, to agriculture or to
the environment require prefectural authorization or declaration before they may
begin operation. The authorization or declaration decree issued by the prefect sets
forth conditions of establishment and operation considered essential for the protec-
tion of the environment, the methods of analysis, and remedial measures for adoption
in the event of an accident. Should the protection of the environment not be ensured
by the adoption, of these conditions, the prefect may, at the request of a third party
and after consultation with the departmental health c ^uiicil require the offending
installation to take corrective action. Non-compliarr.e with the injunction within
the specified time period may bring about the prefect's execution of the prescribed
measures at the operator's expense, or may result in'"ha prefect's temporary suspen-
sion of the offending operations after consultation ,/ith the departmental health
.council. Any installations which continue to present a danger or annoyance after
adoption of the prescribed measures may be shut dowr- by a Council of Stata decree
after consultation with the higher council of classiflad installations. The opera-
tion of classified installations without the required authorization or declaration
may also result in either a temporary suspension or ?. shutdown of activities. Dur-
ing such a period of suspension, the operator of the unauthorized installation is
liable for the payment of his employees' salaries an-:', benefits.
The inspection of classified installations is exercised under the authority
of the department prefect and with the concurrence of the classified installations
inspectors. These inspectors are responsible for ov-iseeing the application of the
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provisions of the 1976 Law and are authorized to enter at any time facilities falling
within the jurisdiction of that Law.
In addition to being subject to periodic inspections, stationary installa-
tions using heating, combustion, or incineration equipment must maintain a record
book, at the disposal of the inspectors, listing the fuels and equipment employed,
the anti-pollution measures planned, the conditions under which the equipment is
used, and the results of tests and abatement measures.
As has already been indicated, the prefect has broad authority to act when
public safety or health is imperiled and specific power under the "Pure Air Code" '
(May 13, 1974 decree) to cope with local air-pollution problems arising • from adverse
weather conditions,
penalties
In addition to the deterrent effect of liability in civil suits for damage
or nuisance arising from industrial or other operations, polluters are constrained to
observe environmental laws-and regulations through the penalties that their violation
occasions. For- example, should the owner or operator- of a facility refuse entry to
authorized government inspectors or refuse to furnish them necessary information, he
nay be sentenced, under the penalty provisions- of the Water Law and its implementing
decrees to 10 days to three months in prison and ordered to pay a fine ranging from
400 to 20,000 francs. If an owner or- operator of a facility operates his establish-
ment in violation of a court order to desist, he may receive a prison sentence of
from two to sis months and a fine ranging from 5,000 to 500,000 francs. The unauthor-
ized operation of a classified installation is punishable by a fine ranging from
2,000 to 20,000 francs, with repeated offenses being subject to a prison sentence of tw<
to six months and/or a fine of 20,000 to 500,000 francs. Violations of the 1974 "Pure
Air Code" can bring fines of from 600 to 2,000 francs. In the event of conviction on
a violation, the polluter may also be fined up to 100,000 francs if he fails to take
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the corrective action ordered by the criminal court within the specified time frame.
The court may even order suspension of that activity responsible for the pollution
until the corrective action has been taken.
responsibility for environmental damage
•The following cases are illustrative of the approach that French courts
have taken ia respect to municipal and1 industrial responsibility for environmental
damage.
In a case involving the destruction of plant and animal life in the Doubs
River, stemming from the discharge of household and industrial wastes that had been
collected in a municipal sewerage system, the administrative court in Besancon
ordered that due compensation be made to the plaintiffs, local fishermen who had
suffered an- impairment of their livelihood. The decision was based simply on. the
causal relationship between the damage and the sewerage system. It was not important,
the court held, to establish in what propertipn the pollution was attributable to
*
household wastes and to industrial wastes. The municipal authorities were culpable
because they had the right to refuse the entry of the injurious wastes from the- in-
dustrial facility into the public sewers and thus had the opportunity to avoid the
39
resulting claims for damages.
Even authorization, duly granted by the prefect, to operate an industrial
facility, does not relieve the owner of that facility of his liability for pollution
damage to third parties. ^
Sometimes, however, the responsibility is limited only to compensation and
does not entail a cessation of the activities that give rise to claims for damages.
A Toulouse court dismissed a suit requesting that more effective measures be taken
to prevent the discharge into the atmosphere of noxious flouride products. The
court ruled that sufficient measures had already been taken to reduce the discharge
and that in the present state of technology it is impossible to do more than had
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already been done. Authorities- cannot require that the efficiency of'their steps
be total or absolute. As a result, payment of damages was authorized, but the
court refused to take action that would compromise the continued operation of the
facility.41
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V. Interrelationships Between Government and Industry
influence of industry and other interests
Not only is France a highly industrialized country with world standing in
the production of steel, the fabrication of automobiles and aircraft, in mechanical
and electrical engineering expertise, and in the manufacture of chemicals and tex-
tiles; it is also Western Europe's largest food producer and a leader in certain-
extraction enterprises (coal and iron), Quite naturally, the influence of these
diverse economic activities extends to the government and its policymakers. In fact,
associations or lobby groups representing various segments of industry and agricul-
ture have been officially institutionalized, facilitating liaison between government
and industry. ^ Advisory committees made up of the champions of particular private
interests are attached to almost all sections of the government administration. In
addition, the Constitution of the Fifth Republic provides for an Economic and Social
» »
Council, the members of which are appointed by the public.and private sectors. The
Council deliberates on all bills dealing with economic and social matters. Although
it would be difficult to prove that the Council's debates have made an impact on
government policy, it is fair to say that French industry has not unequivocally
subscribed to the government's anti-pollution campaigns. ^
"polluter-pays" principle
France has not yet formally endorsed the principle that the polluter must
pay, apparently not because of any fundamental opposition on the part of the govern—
»
ment but rather because of the technical difficulties in applying the principle
uniformly. * The French system of subsidies and incentives to industries investing
in anti-pollution equipment, exemplified by the system of fees levied by the water
basin authorities on water users and by the-series of contracts concluded by the
government with certain industries, is indicative of partial and indirect implementa-
tion of the "polluter-pays" principle. The water basin authorities have formulated
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a complex schedule of fees (redevances) based on the quantity of water withdrawn
and the quality of water returned. These redevances and the granting of subsidies
for the construction of purification facilities mean in effect that "water users
who cause pollution pay and those who install purification works are given assis-
tance." , This -system cannot be applied to air-polluting industries, for their
ubiquitous emissions cannot be channeled into collective purification facilities
serving a variety and multiplicity of users.46 Nonetheless, the agreements that the
government has reached with certain branches of industry, with the industry pledg-
ing to limit certain types of discharges and the government subsidizing the purchase
of anti-pollution- equipment, actually represent the corollary of the "polluter-pays"
principle. This system of government-industry agreements has been elaborated for
the limitation of both water and air pollutants.
jFive such industrial branch contracts have been established since 1972
with those industrial branches which are regarded as heavy polluters, yet which,
for financial reasons, have been unable to install the necessary abatement equipment
within reasonable time limits. Industrial branches involved are the paper pulp
factories, beet root sugar factories, distilleries, wool combing, yeast and starch
factories. Contracts generally include a three to five year time schedule for the
reduction of polluting discharges, accompanied by government assistance in the form
of reductions in the payment of fees to water basin authorities, as well as by sub-
sidies amounting to ten percent of the total investments necessitated by the conver-
*•
sions. (Additional subsidies from the water basin agencies generally amount to
another fifty percent.) Moreover, as a condition of the contract, any new facili-
ties are required to conform to the standards in effect at the time of their entry
into operation. '
A more recent phase of industry-government cooperation is taking shape in
the form of firm programs or contracts involving very large diversified business
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concerns. The first such commitment was signed in July 1975 between the Minister
for the Quality of Life and P e chiney-Ugine-Kuhlman (P.U.K.), a French conglomerate,
consisting of steel, electrometallurgical, aluminum, chemical, copper, nuclear and
special products branches, viewed by many environmentalists as Prance's leading
polluter. , The pollution at issue in this instance is principally air pollution in
contrast to the water pollution objectives of the earlier branch contracts. The
initial phase of the contract commits P.U.K. to spend 200 million francs over a
seven year period instituting pollution abatement programs in its older steel and
metallurgical plants.^8
industrial monitoring
Within the special protection zones authorized by the 1963 decree and
subsequently set up in various urban-industrial centers, government-installed moni-
toring devices to sample and measure air pollution are in operation. They are
placed in facilities using thermal equipment with a capacity greater than 100 ther-
mal units per ,hour.^"9 To ascertain air pollution levels throughout the country and
/ /
to p/inpoint/major polluters, the Interministerial Action Committee for Nature and
the Environment has approved a plan for the creation, of about 50 measuring stations
and 10 pollution-alert zones.
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Reference Notes
Numbers in brackets following entries are the identification numbers assigned
to documents which have been abstracted for the Foreign Exchange Documents
Program of the EPA Office of International Activities. Copies of documents
are filed under these numbers at the EPA Headquarters Library in Washington, D.C.
1. U.S. Dept. of State, "Current Environmental Issues in France," Dept. of State
Airgram A825, (Amembassy Paris: September 20, 1972). .
2. "Composition of the Government," La Monde (Paris), June 11, 1974, p 2. [ID #02023A
3. "June 6, 1974 Decree No. 74-578 on the Duties of the Minister for the Quality -
of Life," Journal Officiel de la Republique Franeaise (Paris), June 7, 1974,
p 6119. LID //02024A] ' 3
4. ["Changes of Officials in the French Government"], Le Monde (Paris), August. 29-30,
1976, p 5.
5. Jean Lamarque, Drditde la Protection de la Nature et de 1'Environnament (Paris:
L.G.D.J, 1973), pp 8-10. [ID J/02061A]
6. ibid., p 7.
7. Odon Vallet, L*Administration de 1'Snvironnement. (Paris: Berger-LcVrault, 1975)
p 53.
8. Depenses des Services Civil. 'Budget Vote" de 1976—Oualita" de ^a Vie. 1.
Snvironnement, (Paris: Imprimerie Nationale, 1976), pp 23-27.
9. Jean Lamarque, Droit de la Protection de la Nature et de 1'Snvironnesient—•
Supplement. (ParisiL.G.D.J., 1975), p 13.[ID #020613]
10. Lamarque, op. cit., (1973), p 11-
11. "300 Millions for the Environment in 1974," Le Monde (Paris), October 18, 1973,
p 14,
12. Aline Grenier-Sargos, Tous les Problemes Juridiques des Pollutions at Nuisances
Industriellas, (Paris: J. Delmas, 1973), pp A2-A3. [ID #02060A]
13. Claude-Albert Colliard, The Law and Practice Relating to Pollution Control in
France, (London: Graham & Trotman Limited, 1976), p 16.
14. The Conservation Trust, The Campaign Against Waste—Ministry for the Quality of
Life, Paris, (London: Furnival Press, 1976), p 3. [ID #04406A]
15. Lamarque, op. cit., (1973), p 16,
16. ibid., p 224.
17. L"Orientation et la Misa an Oeuvre de la Politique de 1'Eau en France, vol. 13
("Environment" Series), (Paris: La Documentation Francaise, 1973), pp 27-28.
[ID 002062A] •*
-34-
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18. Lamarque, op. cit., (1973), pp 223-224. ' , - .
19. Grenier-Sargos, op, cit., p H8.
20. Vallet, op_, cit. , pp 72-83.
21. "Organization of Departmental Environment Offices," Pollution Atmosphe'riq'ue,
no. 69. (Paris), January -March 1976, p 87. [ID #03601A] >
t
22, Vallet, op. cit,, pp 84-85.
23. Alex N. Dragnich and Jorgen Rasmussen, Major European Governments, (Homewood, 111,:
Dorsey Press, 1974), p 215.
24, Colliard, op_. cit,, p 12. -
25. P. Gousset, "The July 19, 1975 Law on Classified Installations for the Protection
of the Environment: An Example of Integrated Improvements," Nuisances at
Environnement, no. 53 (Paris), September 1976, pp 56-59. .
26, Colliard, op, cit., pp 175-177.
27. "Mr. Dijoud: I Will Not Tolerate Industrialists Using the Energy Crisis as a
Pretext," Le Monde (Paris), March 29, 1974, p 13. [ID 001912G] j
28, 'Trance," AMF Environmental'Report World Wide Review—1972 Background, Regulations,
Public Attitudes and Financing, p 3.
29. U.S. Dept. of State, op .'cit. " *
30. R. Bremond and R. Vuichard, Parametres de la Qualite des'Eaux, (Paris: Ministere
de la Protection de la Nature at de 1'Environnement, 1973), pp 3-4. [ID J*02063A]
31. Lamarque, op, cit., (1973), p 563.
32. U.S. Dept,'of State, op. cit.
33. Genevieve Schweitzer, "Much Remains To Be Accomplished in the Fight Against
Pollution," Le Figaro (Paris), December 10, 1976, p 10.
34. ibid.. p 10. ^
35. "Prefects Will Be Able To Call Air Pollution Alerts," Le Monde (Paris), April 26,
1974, p 39. Also: "May 13, 1974-Decree No. 74-415 on the Control of Air
Pollution Emissions and on Certain Uses of Thermal Energy," Journal Officiel
de la Republiqua Francaise (Paris), May 15, 1974, pp 5178-5180. [ID #02059A]
36r R._ Joffre, "Dedusting Standards for Industrial Gaseous Emissions," Nuisances at
Snvironnement, no. 44 (Paris), October 1975, pp 21-27. ' [ID #03187A]
37, Gwendolen Carter and John H, Herz, Major Foreign Powers, (New York: Ear court. Brace
Jovanovich, .1972), p 321.__
38. Grenier-Sargos, op. cit., pp G1-G15.
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39. ibid, p G4.
40. ibid., p H3,
41. ibid., p H4.
42. Carter and Herz, op. cit.,. p 309.
43. AMT Environmental Report.... p 4.
44. J, P. Detrie, ''Industrial Pollution, Its Prevention, Its Cost," Pollution
Atmosphe-rique. (Paris), April - June 197 2 r p 195.
45, The Development of Water Basin Agency Action During Plait VI ("Environment"
Series), (Paris: La Documentation Francaise, 1972), p 33. [ID //02078A]
46.
J, P, Detrie, op. cit., p 195.
47. ''Industry Branches Must Continue To Examine Pollution Abatement Programs With
Us," Nuisances at Snvironnement. no. 43 (Paris), August - September 1975,
pp 26—33.
48. "Firm Contract Signed Against Pollution," La Figaro (Paris), July 25, 1975 p 4.
[ID 003076A]
49. Lamarque, op, cit., (1973), p 885.
50. "The Government Adopts Several Measures to Control and Limit Pollution,"
. Le Monde (Paris), July 28, 1973, p 20.
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APPENDIX
ENVIRONMENTAL LAWS AND REGULATIONS INCLUDED IN, OR RELEVANT TO, THIS REPORT
Numbers following the entries are the identification numbers assigned to documents
which have been abstracted for the Foreign Exchange Documents Program of the EPA
Office of International Activities. Copies of documents are filed under these
numbers at the EPA Headquarters Library in Washington, B.C.
GENERAL
June 6, 1975 Decree No. 74-579 on the Powers of the Minister for the
Quality of Life 02024A
December 11, 1975 Decree for the Implementation of Law No. 75-602 on
the Creation of the Shoreline Conservancy . .. 03589A
July 10, 1976 Law No. 76-629 on. the Protection of Nature 03930A
July 19, 1976 Law on Classified Installations for the Protection of
the Environment (Supersedes the Dec. 19, 1917 Law on Dangerous,
Unhealthy or Annoying Establishments [02890A]) . 04158A
AIR
August 2, 1961 Law No. 61-843 on. the Prevention of Atmospheric
Pollution and Odors ..... 00379A
September 17, 1963 Decree No. 63-963- on the Implementation of
Law No. 61-842 00379B
August 11, 1964 Order for the Creation of Special Protective Zones
in the Seine Department 00379E
August 11, 1964 Order on. the Control of Emissions From Combustion
Facilities in the Special Protective Zones Established in Paris .... 00379F
February 23, 1973 Decree No. 73-191 on Interministerial Coordination
in the Realm, of the Campaign Against Air Pollution 00379L
February 26, 1974 Order for the Creation of a Special Protected Zone
in the Nord and Rhone Departments 00379P
May 13, 1974 Decree No. 74-415 on the Control of Air-Polluting
Emissions and Certain Uses of Thermal Energy 02059A
February 5, 1975 Order on. the Mln-fmiTn Efficiency Level of Fuel- ^-"
Burning Thermal Installations ....... 02059C
July 31, 1975 Decree on the Equipment and Operation of Thermal
Installations for a Reduction of Air Pollution and Energy Economy . . . 02059B
June 6, 1972 Circular on Incineration Plants for Urban Waste 01068A
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August 7, 1973 Circular on Sugar Mills, Sugar Beet Plants, and
Sugar Beet Distilleries and Refineries . . . , , Q0379Q
January 14, 1974 Circular on Tar Binding Units for Road Building
Materials , 02152A
July 4, 1972 Circular on Surface Processing , , 01070A
July 24, 2,972 Circular on Iron-Ore Complexes 01745A
July 31, 1974 Circular on Nuisances Originating From Nitric Acid Plants . . 02890B
' NOISE
October 25, 1962 Order Concerning the Measurement of Noise Produced
by Motor Vehicles .,,,,,,.,..,,. .... 00896A
April 18, 1969 Decree No. 69-380 Concerning Sound Insulation of
Machinery Used at Outdoor Work Sites , 00894A
April 11, 1972 Order on the Restriction of the Level of Noise
Emitted by Compressed Air Units Q0894B
April 11, 1972 Order on the Restriction of the Level of Noise
Produced by Internal Combustion Engines in Certain Machines
Used on Construction Sites ,,»,,,,,,,,....,.,,,..„ Q0894C
September 14, 1972 Decree on the Limitation of Sound Levels
Emitted by Construction Machinery and .the Approval of Equipment .... 00894D
November 30, 1972 Circular on the Protection of Workers Against
/ the Harmful Effects of Noise 01063A
October 17, 1975 Decree No. 75-960 on the Limitation of Noise Levels . . . 03547A
May 5, 1975 Order Amending the Provisions of April 11, 1972 Decree
Restricting the Level of Airborne Noises Emitted by Certain Machines . . 03552A
November 4, 1975 Decree on the Limitation of Airborne Sounds
Emitted by Pick-Hammers and Pavement Breakers 00894E
RADIATION
December 11, 1963 Decree No. 63-1228 on the Licensing of Nuclear
Installations . , < . . ,..,,... ^ 00667B
June 20, 1966 Decree- No. 66-450 on General Principles of Protection
From Radiation ,«,.,,,,,.„.. ........ 00667A
March 15, 1967 Decree No. 67-228 on Public Administration Rules
Concerning the Protection of Workers From, the Dangers of
Ionizing Radiation 00667C
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August 24, 1967 Order on the Establishment of the Commission for
Ionizing Radiation Protection .,..,,.,. ..... 00669A
April 18, 1968 Order on Control Methods To Be Carried Out When
Using Sources Liable to Give Rise to Irradiation or Radioactive
Contamination Risks .,.,,.,., .... 00667E
April 19, 1968 Order on Conditions for the Use of In-iividual Dosimeters . . 00667F
April 20, 'l963 Order on the Frequency of Inspection of Sealed Sources
and Electrical Equipment Generating Ionizing Radiation ......... 00667D
April 23, 1969 Order on the Approval of Facilities and Installations
Using Ionizing Radiation for Medical Purposes 00667H
June 22, 1970 Order Listing the Occupations Requiring Special Medical
Supervision .,.,,« - 00676A
March 13, 1973 Decree on the Higher Council on Nuclear Safety and the
Central Department for the Safety of Nuclear Installations . 00667K
March 27, 1973 Decree No. 73-405 Amending the December 11, 1963 Decree
No. 63-1228 on Nuclear Installations 00667L
November 6, 1974 Decree No, 74-945 on Discharges of Gusaous
Radioactive Effluents From Nuclear Installations . , . 00667M
April'28, 1975 Decree No. 75-306 on the Protection of Workers
From the Dangers of Ionizing Radiation in Basic Nuclear Installations . . . 00667N
August 4, 1975 Decree No. 75-713 Establishing an Inteiniinistarial
Committee of Nuclear Safety ..... 03546A
August 10, 1976 Order on the Required Preliminary Stuiy for Licenses
for Liquid Radioactive Discharge 00667T
August 10, 1976 Order on the Required Preliminary Study for Licenses
for Gaseous Nuclear Waste Discharges ... 00667P
SOLID WASTE
April 23, 1975 Decree No. 75-290 Instituting a Deputy .cor the
Management of Raw Materials 02928A
April 23, 1975 Decree No. 75-310 on Interministerial «,oox-dination
in the Area of Waste Disposal . 02953A
July 15, 1975 Law No. 75-633 Regarding the Disposal ot Wastes and
the Reclamation of Materials ..,,..... 02929A
May 25, 1976 Decree No. 76-472 on the Creation of the National
Committee for the Disposal and Reclamation of Wastes 02929D
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May 25, 1976 Decree Nor 76-473 on the National Agency for the Disposal
and Reclamation of Wastes ,,...<.,, t 02929E
February 7, 1977 Decree No. 77-151 on the Implementation of Provisions
Pertaining to Municipalities in Article 12 of Law No. 75-633 02929F
TOXIC SUBSTANCES AND PESTICIDES
November. 2, 1943 Law No, 525 on the Control of Pesticidal Products
Used in Agriculture .....».,...,.,. 00662A
November 19, 1948 Decree No. 48-1905 on the Importation, Storage
and Trade in Poisons 006.62B
July 30, 1963 Law No. 63-762 Amending Law No. 525 00662C
September 25, 1965 Order on the Conditions for the Use in Agriculture
of Toxic Substances ,.,,,.. 00662D
July 19, 1967 Order on the Control of Toxic Substances
00662E
December 22, 1972 Law No. 72-1139 Extending the Application of
Law No. 525 , QQ662H
February 25, 1975 Order Concerning the Application of Pesticide
Products for Agricultural Use ....... 00662K
' WATER
December 16, 1964 Law No. 64-1245 on the Administration and
Classification of Waters and the Prevention of Pollution 00441A
December 26, 1964 Law No. 64-1331 Curbing the Pollution of Sea
Waters Through Hydrocarbons ". . . . 00438A
December 15, 1967 Decree No. 67-1094 on Penalties for the Violation
of the Water Pollution Law 00441B
January 10, 1969 Decree No. 69-50 on the Methodology for Establishing
Limits to the Degree of Surface Water Pollution . . , 00441E
September 2, 1969 Order on the Methods»for Establishing an Inventory
of the Levels of Pollution in Rivers and Canals 00441F
September 25, 1970 Decree No. 70-872 on the Discharge and Marketing
of Detergants 00441H
December 11, 1970 Order on Procedures for Measuring the Biodegradafaility
of Anionic Detergents Contained in Washing or Cleaning Products .... 0044LJ
February 23, 1973 Decree No. 73-218 on the Application of Articles 2
and 6 (1) of Law No. 64-1245 00441N
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February 23, 1973 Decree No, 73-219 on the Application of Articles
40 and 57 of Law No, 64-1245 . , , , , 00441M
December 31, 1974 Decree No. 74^1181 Concerning Discharges of Liquid
Radioactive Effluents From Nuclear Installations 00443B
March 12, 1975 Decree No. 75-177 on the Application of Article 6 (3)
of Law No, 64-1245 .,..,, 00441S
i
May 18, 1975 Order on the Conditions for Exemption of Discharges and
Deposits From Authorizations as Provided by Decree No. 73-213 00441V
May 18, 1975 Order on the Conditions Governing the Issuance of
Discharge Authorizations ,,,,«...,, 00441Z
October 28, 1975 Decree No. 75-996 on the Implementation of the
1964- Water Law ,.,..,,.,.."., 00443C
October 28, 1975 Decree No. 75-997 on the Implementation of Paragraph
1 of Article 14 of the 1964 Water Law, as Amended '. . . . 00443D
October 28, 1975 Decree No. 75-998 Amending Decrees No. 66-699 and
66-700 of September 14, 1966 on Basin Committees and Finance
Basin Agencies . , . , 00443E
January 20, 1976. Amendment of the September 2, 1969 Order on the
Methods for Establishing an Inventory of the Levels of Pollution
in Rivers and Lakes .......... .' 00441AA
*
April 13, 1976 Instruction on the Detection and Reporting of Marine
Pollution by Hydrocarbons , 04227A
June 10, 1976 Circular on the Purification of Urban Centers and the
Sanitary Protection of Receiving Media ...... 00441Z
February 7, 1977 Decree No. 77-150 Modifying Decree No. 65-749 on
the Establishment of the National Water Committee 04366A
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