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Main climate regulations, policies and authorities

International agreements

Do any international agreements or regulations on climate matters apply in your country?

The entire United Nations Framework Convention on Climate Change, its Paris Agreement, the Kyoto Protocol and the European Union’s climate change regulations apply in France through its membership of the EU. The EU officially ratified the Paris Agreement on 5 October 2016, allowing it to enter into force on 4 November 2016. Since then, the adoption of the green new deal and especially the new targets for 2030 of 55% reduction of greenhouse gases (GHGs) (European climate law of 21 April 2021) have considerably strengthened the French obligations, given that France must declare its nationally determined contributions to the European Commission every year to verify the reduction targets but also energy efficiency and renewable energy. A new one was voted on on 22 August 2021 on fighting climate change and strengthening resilience to its effects. At the national level and in addition to the various major laws and regulations, the French policy to achieve the objectives set at international level is also implemented in France through the national low carbon strategy, a document adopted by the government detailing the measures taken to reduce GHG emissions in the country. The international policy objectives are also implemented in France through another major document, called the national strategy for adaptation to climate change.

International regulations and national regulatory policies

How are the regulatory policies of your country affected by international regulations on climate matters?

French regulatory policies are directly affected by international climate regulations, as the highest national administrative court (the Conseil d’Etat) has formally ruled that regulatory policies must be compatible with the GHG emission reduction targets set at the European level for 2030, failing which they will be declared illegal (CE, 1 July 2021, No. 427301, Grande-Synthe). Currently, a new complaint is pending before the Council of State insofar as the government has not complied with the request of the Council of State’s judgment of 1 July 2021.

Main national regulatory policies

Outline recent government policy on climate matters.

The latest and most notable French law on climate issues is Law No. 2021-1104 of 22 August 2021 on fighting climate change and strengthening resilience to its effects. The law is composed of 305 articles divided into eight titles and covers all statutes.

Recalling the Commission’s commitment to

achieve the greenhouse gas emission reduction targets, as they will result in particular from the next revision of Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual reductions of greenhouse gas emissions by member states from 2021 to 2030 contributing to climate action, in order to comply with the commitments made under the Paris Agreement

in article 1 of this law, the legislator wished to display from the outset its ambition to prepare the French law for the next revision of Regulation (EU) 2018/842 and its intention to organise, by 2030, a reduction in net greenhouse gas emissions of at least 55 per cent compared to 1990 in all sectors of the economy and throughout the European Union. A series of decrees implementing this law have been issued but, according to the Council of State, they do not make it possible to achieve the 40 per cent objective initially set, let alone the 55 per cent objective.

Main national legislation

Identify the main national laws and regulations on climate matters.

The main national climate laws and regulations in France are:

• Law No. 2015-992 of 17 August 2015 on the energy transition for green growth, aimed at enabling France to contribute more effectively to the fight against climate change and to strengthen its energy independence, while guaranteeing access to energy at competitive costs;
• Act No. 2019-1147 of 8 November 2019 on energy and climate, setting the goal of carbon neutrality by 2050; and
• Law No. 2021-1104 of 22 August 2021 on combating climate change and strengthening resilience to its effects, adopted to prepare French law for the upcoming revision of Regulation (EU) 2018/842.

National regulatory authorities

Identify the national regulatory authorities responsible for climate regulation and its implementation and administration. Outline their areas of competence.

In France, the main national regulatory authority responsible for climate regulation, implementation and administration is the Ministry of Energy Transition. The Minister of Ecological Transition prepares and implements the overall policy on combating climate change and adapting to its effects. In consultation with the Minister of Europe and Foreign Affairs, the Minister of Ecological Transition is in charge of international relations on climate, leads negotiations, including European ones, and supervises the implementation of agreements reached. The new French government also has a general delegate to the Prime Minister in charge of ecological planning and covering the climate, energy, biodiversity, transport and agriculture sectors.

General national climate matters

National emissions and limits

Pour lire la suite : Climate Regulation in France – Lexology

Corinne LEPAGE, Avocate fondatrice du cabinet Huglo Lepage Avocats et ancienne ministre de l’Environnement