A new bill to streamline business operations in France aims to simplify administrative processes but has raised concerns about potential reductions in environmental and health protections. Key proposals include the gradual phase-out of low emission zones, easing regulations on land use, and expediting industrial project approvals without public debate. The legislation also threatens to dissolve platforms for public dialogue, leading to criticism from NGOs and environmental groups who argue it undermines democratic participation and essential safeguards.
On Tuesday, April 8, a new bill aimed at streamlining business operations will be presented at the National Assembly. This legislation seeks to simplify administrative processes by removing certain steps and committees. However, the proposed changes raise concerns among scientists and NGOs, particularly regarding the potential elimination or relaxation of crucial environmental and health regulations.
“It is crucial that this bill, designed to simplify procedures, does not undermine environmental protections that are essential for safeguarding public health, biodiversity, and the greater public interest,” states the Foundation for Nature and Man ahead of the bill’s review. Let’s delve into the specific tools and measures under discussion.
The Future of Low Emission Zones
During a recent committee meeting, lawmakers voted to gradually phase out ‘low emission zones’ that have been introduced across various urban areas in France since 2019 in response to air pollution levels. This initiative has been highlighted by Minister of Ecological Transition, Agnès Pannier-Runacher, as a successful strategy in reducing premature deaths and asthma cases among children. However, critics argue that this approach disproportionately affects lower-income families who often rely on older, more polluting vehicles.
In an attempt to reach a middle ground, the government has proposed an amendment making low emission zones mandatory only in urban areas where air quality health thresholds have been exceeded for three out of the last five years, which currently affects cities like Paris and Lyon.
If this amendment is approved, it would allow local authorities to maintain low emission zones. Conversely, the outright removal of these zones would hinder urban areas that wish to enforce such restrictions.
Impacts on Natural Spaces
The proposed legislation also suggests simplifying regulations that limit land artificialization. As a result, municipalities could exceed their predetermined consumption of natural, agricultural, and forest spaces (referred to as ‘ENAF’) by up to 30% without needing justification. This effectively permits additional construction in these areas.
Moreover, the bill proposes the removal of the interim target to halve the consumption of natural, agricultural, and forest spaces by 2031. The Foundation has expressed concern, emphasizing that “this undermines the credibility of achieving zero net artificialization (ZAN) by 2050.”
Accelerating Industrial Projects
This legislation also seeks to expedite the development of industrial projects in France by eliminating the requirement for a public debate phase. This change was initially aimed to be implemented through a decree but faced rejection from the Council of State, leading to its inclusion in the current law.
Employees from the National Commission for Public Debate (CNDP) recently staged a strike to protest this direction. Florent Guignard, a striking employee, stated, “The mandatory nature of the CNDP is crucial. For projects above a certain financial threshold, organizers must hold a public debate, which ensures a comprehensive information exchange regarding the project’s scope, location, economic impacts, and effects on biodiversity and water resources.”
New Amendments on Public Interest
The bill introduces a presumption of public interest for industrial projects, aiming to expedite the designation of ‘major public interest imperative’ (RIIPM), a status that allows for exceptions to the prohibition on destroying protected species. The absence of RIIPM previously led to the annulment of authorizations for the A69 construction project.
Deputy Jean Terlier from Tarn successfully pushed for an amendment that requires the RIIPM to be declared simultaneously with any project receiving public utility status, thereby reducing the litigation period.
Additionally, the bill facilitates the quicker establishment of data centers in France, which may be classified as ‘major national interest’ projects under certain conditions, speeding up their development. This aspect has raised concerns due to the significant energy and water demands of these facilities.
As noted in the text, “The administrative authority retains the power to deny building permits for data centers situated in areas facing significant water resource challenges.”
Reducing Spaces for Public Debate
During the committee discussions, lawmakers voted to dissolve numerous committees, commissions, and platforms for collective dialogue.
This includes the Regional Economic, Social and Environmental Councils (CESER), which serve as crucial venues for dialogue among various stakeholders on ongoing projects. The League for the Protection of Birds has criticized this move, stating, “CESERs are among the few remaining platforms for democratic dialogue where NGOs, unions, businesses, and elected officials can discuss vital cross-cutting issues like land use planning and energy transition.” They condemn this unwarranted attack on participatory democracy.