Submission for environmental assessment

Prior to the start of the work, the project owner must check if your project is subject to an environmental assessment.

An environmental assessment is required for projects that, by their nature, size or location, are likely to have significant impacts on the environment or human health.

In order to determine whether the project is systematically subject to environmental assessment, whether it can be subject to environmental assessment (case-by-case review), or whether it is not, consult the environmental assessment nomenclature :

Nomenclature of projects subject to environmental assessment

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Where the same project falls under several items in the nomenclature, a environmental assessment is required once the project reaches the thresholds and fulfills the conditions of one of the applicable entries. In this case, a single environmental assessment must be conducted for the project.

It is also possible to ask the competent service, which differs according to the location of the project:

The department responsible for authorizing the project may decide to examine on a case-by-case basis the projects submitted to it, the thresholds of which are lower than those laid down in the nomenclature. It must inform the developer of its reasoned decision to submit the project for examination on a case-by-case basis, no later than 15 days from the filing of the file of that application or declaration.

The contracting authority may also, on its own initiative, carry out a request for case-by-case review with the competent service, for any project below the thresholds fixed by the nomenclature.

Case-by-case review

For projects falling under a case-by-case review according to the bill of materials, the developer shall describe :

• The characteristics of the whole project, including any demolition work
• The significant impacts that his project is likely to affect the environment and human health
• If there are, the measures and the characteristics of the project intended to avoid or reduce its likely significant adverse effects.

The request for a case-by-case examination can be made online or by post. It is advisable to prioritize the online procedure.

As from the receipt of the application form, the competent department shall have at its disposal 15 days to ask the contracting authority to complete itWell, if he's not. In the absence of such a request, the form shall be considered complete at the end of the same period.

The unit responsible for the case-by-case review shall assess whether the environmental and human health impacts of the project are significant (e.g. due to pollutant discharges into waterways), within a period of 35 days from the date of receipt of the complete form. It shall be based on the information provided by the developer.

The operator is then informed whether or not its project is subject to an environmental assessment.

The department responsible for the case-by-case examination shall state the reasons for its decision. It shall also specify the measures and characteristics of the project presented by the developer and intended to avoid or reduce the significant adverse effects of the project on the environment and human health.

An administrative appeal to the department responsible for the case-by-case review must be lodged in the event of a challenge to the decision requiring an environmental assessment to be carried out. Subsequently, an appeal to the administrative judge may be filed by the developer if the decision is upheld.

Responsibility of the contracting authority

THEimpact assessment prior to the realization of the project is carried out under the responsibility of the contracting authority(ies).

The developer may ask the competent department to take the decision to authorize, approve or execute the project to an opinion on the scope and degree of accuracy of the information to be provided in the impact assessment. The competent service may also organize a meeting with local stakeholders interested in the project so that each can comment on the potential impacts of the proposed project.

In its application, the developer shall provide at least the information at its disposal on the specific characteristics of the project and, in the area likely to be affected:

• Main environmental issues of the zone
• Main impacts of the project.

Content of the impact assessment

The content of the impact assessment must be proportionate to:

• Environmental sensitivity of the area likely to be affected by the project: it needs to be further developed in areas with high biodiversity, in protected areas, etc.
• The importance and nature of the workfacilities, works or other interventions in the proposed natural environment or landscape and their foreseeable impacts on the environment or human health.

He shall take into account any opinion rendered by the competent service on the scope and degree of accuracy of the information to be provided in the impact assessment. It shall include information that may reasonably be required, taking into account existing knowledge and assessment methods.

In order to ensure the completeness and quality of the impact assessment, the developer must :

• Make sure this one is prepared by competent experts
• Take into account the available results of other relevant environmental impact assessments required under other applicable legislation.

The impact assessment includes the following, depending on the specific characteristics of the project and the type of environmental impact that it is likely to produce:

• Non-technical summary the information provided below. This summary may be the subject of an independent document.
• Project description, including in particular:
  
  • Description of the project location
  • Description of physical characteristics of the entire project, including, where applicable, necessary demolition work, and land use requirements during the construction and operation phases
  • Description of the main characteristics of the operational phase of the project, relating to the manufacturing process, energy demand and use, the nature and quantities of the materials and natural resources used
  • Estimation of types and quantities of residues and expected emissions, such as pollution of water, air, soil and subsoil, noise, vibration, light, heat, radiation, and types and quantities of waste generated during the construction and operation phases.
• Description of the following:
  
  • Relevant aspects of theinitial state of the environment
  • Evolution of the state of the environment in the event of project implementation
  • Likely evolution of the environment in the absence of project implementation, to the extent that natural changes from the initial state of the environment can be assessed with reasonable effort on the basis of available environmental information and scientific knowledge. This evolution takes the form of an overview of what this evolution.
• Description of factors likely to be significantly affected by the project : population, human health, biodiversity, land, soil, water, air, climate, physical assets, cultural heritage, including architectural and archeological aspects, and landscape
• Description of the significant environmental impacts that the project is likely to have as a result. These impacts relate to the direct effects and, if any, to the indirect, secondary, cumulative, transboundary, short-, medium- and long-term, permanent and temporary, positive and negative effects of the project. Notable impacts include:
  
  • The construction and existence of the project, including, where applicable, demolition work
  • The use of natural resources, in particular land, soil, water and biodiversity, taking into account, as far as possible, the sustainable availability of those resources
  • From the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances and the disposal and recovery of waste
  • Risks to human health, cultural heritage or the environment
  • Cumulation of impacts with other existing or approved projects, taking into account, where relevant, environmental issues relating to the use of natural resources and areas of particular environmental importance that may be affected
  • Climate impacts of the project and vulnerability of the project to climate change
  • Technologies and substances used.
• Description of significant expected adverse environmental effects of the project resulting from the vulnerability of the project to major accident or disaster risks in relation to the project concerned. This description shall include, where applicable, the measures envisaged to avoid or reduce the significant adverse environmental impacts of such events and the details of the preparedness and the envisaged response to such emergencies.
• Description of reasonable alternatives that have been considered by the developer, depending on the proposed project and its specific characteristics, and an indication of the main reasons for the choice made, including a comparison of the environmental and human health impacts
• Measures planned by the contracting authority to avoid significant negative effects the project on the environment or human health and reduce unavoidable effects. The description of these measures must be accompanied by an estimate of the corresponding expenditure, a statement of the expected effects of these measures with regard to the resulting environmental impacts of the project.
• When there are, the conditions for monitoring avoidance, reduction and compensation measures proposed
• Description of Forecasting Methods or evidence used to identify and assess significant environmental impacts
• Names, qualifications and qualifications of the expert(s) which prepared the impact assessment and the studies which contributed to its implementation
• Where some of the required elements are included in the hazard study for facilities classified for environmental protection (ICPE), this should be indicated in the impact assessment.

Disbursement of raw biodiversity data

Project promoters who have carried out an impact assessment must transmit raw biodiversity data acquired during the evaluation studies of their project.

The disbursement of raw biodiversity dataacquired during the impact assessment must be carried out before the public participation procedure starts.

This payment takes place via projects-environment.gouv.fr or via the online service Depobio :

Depobio: platform for the legal deposit of biodiversity data

Inventories carried out as part of the description of the initial status and the assessment of the significant direct and indirect impacts of a project on biodiversity must have been completed or updated less than 5 years prior to the date of filing for which they are required.

These inventories can be used as a description of the initial status for changes to the project and for other projects in the same inventory area. They can be used for the assessment of significant impacts on biodiversity of projects with similar potential impacts.

Where the prefecture considers that the inventory is insufficient in view of the project's impact or that new ecological issues arise, it may request the necessary additions or updates.

Process and objectives

Environmental assessment allows for describe andenjoy in an appropriate manner, according to each particular case, the significant direct and indirect impacts of a project the following factors:

• Population and human health
• Biodiversity, with special attention to protected species and habitats
• Land, soil, water, air, energy consumption and climate
• Physical assets, cultural heritage and landscape
• Interaction between these factors.

The developer shall take into account the impacts resulting from the vulnerability of the project to major accident risks and disasters, where these are relevant to the project concerned.

Submission of the environmental assessment application

The environmental assessment must be filed via an online service, accompanied by the impact assessment:

Consultation and submission of projects subject to impact assessment (Environmental Assessment)

It will thus be transmitted to the competent service, as well as to the local authorities and their groups interested in the project.

The developers must make available to the publicat the latest at the time of the opening of the public inquiry or of the public participation by electronic means:

• The impact assessment. The impact assessment file shall be accompanied by a file of the raw environmental data used in the study, in an open and easily reusable format, i.e. machine-readable and usable by standardized data processing.
• The written response which they formulated following the opinion of the prefect.

The competent department shall decide within 2 months of the date of receipt of the file including the impact assessment and the application for authorization.

Local and regional authorities and their groups interested in the project may be consulted and give opinions on the application. The competent department shall forward these notices to the developer as soon as it receives them. Notices or information on the lack of compliance issued within the time limit shall be attached to the public inquiry file, the electronic public participation procedure or the public consultation.

Public inquiry or participation by electronic means

Projects subject to environmental assessment are subject to the public participation, by the competent service. This participation takes the form of:

• Either of one public inquiry
• Either of one participation by electronic means.

Projects of works, structures or developments to include an environmental assessment are systematically subject to a public inquiry, except from:

• Projects to which the public consultation provided for in an application forenvironmental authorization
• Collaborative Development Area Projects
• Projects of a temporary or small nature:
  
  • Creation of anchorage areas and light equipment, unless this entails a substantial change in the use of the maritime public domain
  • Applications for temporary authorization
  • Applications for a temporary operating authorization for an ICPE
  • Land clearing, where it covers an area of less than 10 hectares.
• Applications for building, development or demolition permits and advance declarations for work, construction or development projects that require an environmental assessment after a case-by-case review. The application files for these city planning authorizations shall be subject to a public participation procedure by electronic means.
• Artificial islands, related installations, structures and installations projects on the continental shelf or in the exclusive economic zone (EEZ)
• Projects which are located within the scope of a national interest operation, or a large city planning operation, and which meet the objectives of that operation, where public participation by electronic means is organized.

Projects falling under this exception are subject to public participation by electronic means.

Constitution of the file

The folders subject to public inquiry or public participation by electronic means must contain, at least:

• The impact assessment and its non-technical summary, or the impact assessment or the environmental impact report and its non-technical summary
• If there is, the decision made after a case-by-case review or, in the absence of such a decision, a statement that an implied decision to submit for environmental assessment has been made, accompanied by the request for a case-by-case review form
• The opinion of the competent department and the written reply of the developer to that opinion
• Opinions of other persons consulted, where available: municipalities where the project is located, local authorities and their interested groups, prefects of departments on whose territory the project is located, minister responsible for health, etc.
• A reference to the texts governing the public inquiry in question and an indication of how that inquiry forms part of the administrative procedure relating to the project in question, as well as the decision or decisions which may be adopted at the end of the inquiry and the department responsible for taking the authorization or approval decision
• Where they are made mandatory by a legislative or regulatory text prior to the initiation of the investigation, the opinions issued on the project
• The outcome of the public debate procedure, prior consultation or any other procedure enabling the public to participate effectively in the decision-making process. It shall also include the final act or report published following the public consultation. Where no public debate or prior consultation has taken place, the dossier must mention this.
• The mention of the other authorizations necessary to carry out the project of which the developer(s) is aware
• If the project is concerned, a statement that the project is the subject of a cross-border environmental impact assessment or consultations with a border State Member of the European Union or party to the Convention of 25 February 1991 signed at Espoo.

Participation Process

The participation process to which the project is submitted is:

Where the project subject to environmental assessment is subject to a reporting regime other than that of theenvironmental authorization, the competent service shall have at its disposal period of 9 months from the submission of the application file to take a decision on authorization.

The decision of the competent service shall be reasoned in the light of the significant environmental effects of the project.

Where a decision has been taken to grant or refuse authorization for a project subject to environmental assessment, the competent service shall inform the public thereof.

The following information shall also be made public by the competent service, if it is not already included in the decision:

• Information on the public participation process
• Summary of public comments and other consultations and their consideration
• Places where the impact assessment can be consulted.

Requirements and follow-up actions

When pronounced, the authorization decision specifies the:

• Requirements which the developer, which may include compensatory measures
• Measures and characteristics of the project to avoid negative impacts notable, reduce those that cannot be avoided and compensate for those that cannot be avoided or reduced
• Measures to monitor impacts the project on the environment or human health.

The compensatory measures have the objective of providing a counterpart to the significant negative environmental impacts, direct or indirect, of the project which could not be avoided or sufficiently reduced. They are implemented as a priority on or near the affected site in order to guarantee its functionality in a sustainable manner. They must make it possible to conserve the environment as a whole and, if possible, to improve its environmental quality.

The monitoring the fulfillment of these requirements, measures and characteristics and their effects on the environment are the subject of one or more balance sheets carried out over a given period of time and according to a schedule to be determined by the competent department authorizing the project in order to verify the degree of effectiveness and durability of these requirements, measures and characteristics.

Expenditure incurred in carrying out checks, appraisals or analyses prescribed by the competent service to ensure compliance with the requirements, characteristics and measurements shall be borne by the contracting authority.

Where the inspection reveals a failure to comply with the requirements, characteristics and measurements, the inspector shall draw up a report which he shall forward to the competent service. A copy of this report shall be issued to the person concerned, who may submit his observations within one month.

Disbursement of raw biodiversity data

Proponents of projects that have conducted an environmental assessment must transmit raw biodiversity data acquired during environmental impact monitoring measures, in particular those relating to avoidance, reduction or compensation measures.

The capture or transfer of raw biodiversity data, acquired during environmental impact monitoring measures, must be carried out within 6 months after the completion of each data acquisition campaign.

This payment takes place via projects-environment.gouv.fr or via the online service Depobio :

Depobio: platform for the legal deposit of biodiversity data