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| Grenelle II | |
|---|---|
| Name | Grenelle II |
| Longname | Law No. 2010-788 of 12 July 2010 on national commitment for the environment |
| Enactment | 12 July 2010 |
| Jurisdiction | France |
| Enactedby | National Assembly (France); Senate (France) |
| Relatedlegislation | Grenelle I (France), Energy Transition for Green Growth Act |
| Status | amended |
Grenelle II
Grenelle II is a French statute enacted on 12 July 2010 implementing the follow-up measures to the consultative Grenelle de l'environnement conference convened in 2007, translating commitments from ministers and parliamentary committees into statutory obligations. The law sought to operationalize targets set by earlier interministerial accords by creating regulatory frameworks across sectors such as urban planning, transportation, energy policy, and biodiversity conservation. Its passage involved negotiation among parliamentary groups, ministries, and civil society actors and produced a complex mix of prescriptive rules and enabling instruments.
Grenelle II emerged from the multi-stakeholder Grenelle de l'environnement process initiated under President Nicolas Sarkozy and coordinated by ministers including Nathalie Kosciusko-Morizet and Jean-Louis Borloo. The original accord, sometimes referred to as Grenelle I, established national targets for greenhouse gas emissions, renewable energy, and ecological footprint reduction that required secondary legislation drafted by the Ministry of Ecology (France), the Ministry of Energy and committees in the National Assembly (France) and Senate (France). Legislative drafting involved rapporteurs such as Dominique Bussereau and parliamentary commissions influenced by stakeholders like Conseil économique, social et environnemental (CESE), Association pour la protection des paysages groups, and industrial federations including Medef. Implementation intersected with European instruments such as the European Union Emissions Trading System and international agreements like the Kyoto Protocol.
The statute set objectives across multiple domains: enhancing energy efficiency in buildings addressed by provisions linking to the Thermal Regulation 2012 framework; increasing renewable electricity generation aligned with targets in the European Commission directives; protecting natural habitats under conventions such as the Bern Convention and frameworks like the Natura 2000 network; and promoting sustainable mobility with measures touching on Agence de l'Environnement et de la Maîtrise de l'Énergie (ADEME) programs and urban transport authorities such as Régie Autonome des Transports Parisiens. Key provisions included strengthened provisions for urban planning instruments like the Plan Local d'Urbanisme (PLU), obligations for environmental impact assessments referencing practices used in Environmental Impact Assessment Directive (EU), incentives for building renovation coordinated with agencies like Agence Nationale de l'Habitat, and creation or reinforcement of regulatory bodies including the Haute Autorité pour la diffusion des mesures environnementales-style mechanisms. The act also addressed waste management policy with references to operators such as Syndicat Intercommunal de Traitement entities and set targets invoking standards used in International Organization for Standardization (ISO) environmental management.
Implementation relied on administrative rulemaking by ministries including the Ministry of Ecology (France), enforcement by regulatory authorities such as the Conseil d'État-guided inspectorates and local authorities like Conseil régional and Conseil général councils. The law delegated technical details to decrees and arrêtés shaped by input from agencies like ADEME and the Institut national de l'environnement industriel et des risques (INERIS). Regulatory mechanisms included permit regimes for projects under regimes similar to those applied by Direction régionale de l'environnement, de l'aménagement et du logement (DREAL), certification schemes drawing on NF EN ISO standards, and financial incentives channeled through institutions such as Caisse des Dépôts and programs run by the Agence française de développement (AFD). Judicial review by administrative courts (notably Conseil d'État) and intervention by ombudsmen such as Médiateur de la République influenced enforcement practice.
Debate unfolded among parliamentary groups in the National Assembly (France), with opposition parties including Parti socialiste (France) and Les Verts contesting aspects while majority groups like Union pour un Mouvement Populaire defended compromises. Environmental NGOs such as Greenpeace and France Nature Environnement both praised ambition and criticized perceived watering down of targets; industry federations including Medef and agricultural lobbies like FNSEA raised concerns about compliance costs. Local authorities such as the Association des Maires de France and metropolitan bodies including Métropole Européenne de Lille engaged over PLU and transport clauses. Legal actors, including rapporteurs and judges from the Conseil constitutionnel when referred, influenced interpretive politics. International observers from organizations like the Organisation for Economic Co-operation and Development (OECD) commented on coherence with European Union environmental policy.
The law produced mixed outcomes: advances in integrating environmental criteria into urban planning and enhanced legal tools for biodiversity protection were documented by agencies including ADEME and Muséum national d'Histoire naturelle. Building-sector regulations contributed to the trajectory toward standards later codified in the RT 2012 and the subsequent Energy Transition for Green Growth Act, while impacts on emissions were mediated by economic cycles monitored by institutions such as Institut national de la statistique et des études économiques (INSEE) and Agence de l'Environnement et de la Maîtrise de l'Énergie (ADEME). Some provisions generated administrative complexity reported by local prefectures (represented by Préfet offices) and triggered implementation delays scrutinized by the Cour des comptes. Civil society actors including WWF France and Fondation Nicolas Hulot noted improvements but urged stronger enforcement and financing mechanisms.
Following enactment, numerous decrees and ordinances amended application measures; parliamentary amendments in sessions of the National Assembly (France) and Senate (France) adjusted technical detail. Litigation reached administrative jurisdictions including the Conseil d'État and constitutional review by the Conseil constitutionnel when referrals occurred under the QPC procedure. Subsequent legislation, notably the Energy Transition for Green Growth Act and sectoral laws debated in the European Parliament-influenced environment, built on, revised, or superseded parts of the statute. Stakeholders such as Medef, France Nature Environnement, and municipal networks like Association des Maires de France continued to lobby for reinterpretation and regulatory simplification in follow-on legislative packages.
Category:Environmental law in France