Factsheet for measure
FR-2023-43/3381
–
Updated
– measures in France
Green industry Act 2023
Loi n° 2023-973 du 23 octobre 2023 relative à l’industrie verte
Background information
The Green Industry Act (Law no. 2023-973 of 23 October 2023 on green industry) stipulates that "to accelerate the ecological transition and the decarbonisation of industry, the State will draw up a national strategy for green industry for the period 2023-2030", which includes a vocational training component. The law also amends the French Public Procurement Code to take greater account of environmental and social issues.
Content of measure
National strategy for green industry for the period 2023-2030
According to the law of 23 October 2023, this national strategy will determine the strategic industries that should be set up or developed as a priority in France, and will specify the vocational training requirements for the strategic industries thus determined. It also provides for planning at regional level by setting, for the first time, industrial development objectives in the Regional Plan for Spatial Planning, Sustainable Development and Equality (SRADET).
Environmental criteria in public procurement
The Act also amends the French Public Procurement Code to take greater account of environmental and social issues. A public purchaser may thus exclude from the procedure for awarding a contract those persons subject to the obligation to draw up a balance sheet of their greenhouse gas emissions who do not comply with this obligation for the year preceding the year of publication of the call for tenders or of the invitation to tender (Code de la commande publique, art. L2141-7-2).
While the public contract may be awarded to the tenderer who submits the most economically advantageous tender on the basis of the price or cost criterion, it is specified that the most economically advantageous tender may also be determined on the basis of a number of non-discriminatory criteria linked to the subject of the contract or its performance conditions, including the price or cost criterion and "one or more other criteria including qualitative, environmental or social aspects" (Public Procurement Code, art. L2152-7).
Updates
The following updates to this measure have been made after it came into effect.
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12 December 2024
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Two decrees were adopted, n° 2024-704 and n° 2024-742, the 5 and 6th of July respectively.
The first decree facilitates industrial development by amending the urban planning code with the Green industry Act. It identifies specific sustainable technological sectors that qualify for streamlined project approvals and makes it easier to adapt urban planning documents for industrial projects of national significance, which can be granted by prefects. Five projects which have been designated as 'nationally significant' include Holosolis’s photovoltaic cell factory in Moselle, Carbon’s solar panel production facility in Bouches-du-Rhône, Eastman’s molecular plastic recycling plant in Seine-Maritime, Gravithy’s hydrogen and iron ore production site in Bouches-du-Rhône, and Imérys’s lithium extraction and processing operations in Allier.
The second decree aims to simplify bureaucratic procedures and facilitate industrial land rehabilitation. It reforms public consultation processes and facilitate the rehabilitation of brownfield sites to free up industrial land.
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Use of measure
Not available.
Target groups
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Workers
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Businesses
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Citizens
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Applies to all workers
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Applies to all businesses
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Does not apply to citizens
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Actors and funding
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Actors
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Funding
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National government
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European Funds
National funds
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Social partners
Social partners' role in
designing the measure
and form of involvement:
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Trade unions
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Employers' organisations
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Role
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Consulted
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Consulted
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Form
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Any other form of consultation, institutionalised (as stable working groups or committees) or informal
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Any other form of consultation, institutionalised (as stable working groups or committees) or informal
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Social partners' role in the
implementation, monitoring and assessment phase:
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No involvement
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Main level of involvement: Peak or cross-sectoral level
Involvement
Employers' organisation (MEDEF, AFEP, METI, CPME, France Industrie) and trade unions (CFDT, CGT, CFE-CGC, FO, CFTC) participated to hearing within working group set up to prepare the draft law among other stakeholders (see Source).
Views and reactions
The CGT union was highly critical in a (
press release
) . For the CGT, 'Workers are the big absentees from this text, even though the issues of training, health in the workplace and the right to intervene in the company are absolutely necessary conditions for a successful transition. The government's text is content to make several billion euros of additional public money available to the major industrial groups through various institutional mechanisms (brownfield fund, green fund, France 2030, Banque des territoires, etc.). The stacking up of these schemes makes it impossible to see exactly how many billions of euros are being mobilised, or what criteria are used to determine this aid". For the CGT, "there is an urgent need to make this aid conditional, to guarantee the success of this transition".
Sources
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12 April 2023: Propositions des pilotes pour le projet de loi Industrie Verte
(www.economie.gouv.fr)
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24 October 2023: Loi n° 2023-973 du 23 octobre 2023 relative à l'industrie verte (1)
(www.legifrance.gouv.fr)
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06 July 2024: Décret no 2024-704 du 5 juillet 2024 modifiant le code de l’urbanisme et le code de l’environnement en vue de favoriser l’implantation des installations industrielles vertes
(www.legifrance.gouv.fr)
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07 July 2024: Décret no 2024-742 du 6 juillet 2024 portant diverses dispositions d’application de la loi industrie verte et de simplification en matière d’environnement
(www.legifrance.gouv.fr)
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08 July 2024: Industrie verte: le Gouvernment sortant publie les decrets d'application in extremis
(www.actu-environnement.com)
