1. www.developpement-durable.gouv.fr Ministère de l'Écologie, du Développement durable et de l’Énergie Crédit photo : Arnaud Bouissou/MEDDE Early public participation Benoît Rodrigues French Ministry of Ecology, Sustainable development and Energy 10/02/2016

2. 2 Early public participation in France  France has set up strong and effective public participation procedures :  French environmental public enquiry since 1983 (after EIA)  French environmental public debate since 1995 (before EIA – concerns large projects – debate about opportunity/characteristics/objectives – organised by an independent administrative authority)  France takes into account European law (Directives 2001/42 and 2011/92) as well as the Aarhus Convention  The principles of public participation are incorporated at the highest level of the French legal system : the Charter of Environment as part of the French Constitution mentions the public participation, legislative principles in the Code of Environment

3. 3 Early public participation in France  France wants to modernise, simplify and extend the scope of public participation procedures:  Dematerialisation of procedures (decree 2011)  Environmental conference of François Hollande in 2014  End of the Reforming process during the summer 2016  France must modernise, simplify and extend the scope of public participation procedures:  Sivens drama and Notre-Dame-des-Landes airport protests

4. 4 Early public participation in France  France is reforming its public participation procedures to take into account the necessity to extend and improve public participation at the earliest stage  New Legislation Currently elaborated  New Charter (soft law) with stakeholders  It reveals some obstacles/challenges:  When should be initiated the early public participation ?  How can the public be informed of a specific activity or of a plan, programm or policy, if it is at its earliest stage ?  What activities, plans, programms and policies should be summitted to an early public participation ?  Why an early public participation does not exempt from public enquiry ?  And how to convince stakeholders that it will be beneficial to economy and to environment !?

5. 5 Early public participation in France  Some elements can be considered as good practices and are maintained or adapted:  To entrust the organisation of the early procedure to an outside and independent person (national commission for public debate / guarantor) ;  To ask for a complementary expertise ;  To be clear that public can make observations, but also propositions and counter-proposals ;  To let the public know how its observations, propositions and counter- proposals have been taken into account ;  To attach the result of the procedure to the potential future public enquiry.

6. www.developpement-durable.gouv.fr Ministère de l'Écologie, du Développement durable et de l’Énergie Thank you for your attention !