French Senate Passes Amended Shale Legislation
France's upper house, the Senate, adopted a bill banning the exploration of shale oil and gas, but included a critical amendment to legislation proposed by the National Assembly.
The bill bans exploration of hydrocarbons use of the controversial technique of hydraulic fracturing or fracking, but leaving the door open for scientific experiments.
The bill was adopted with 167 votes for and 152 votes against, with only the ruling UMP party, which proposed the bill, voting in favour.
The adopted bill stipulates that the current holders of shale exploration permits would have two months to notify the authorities of which technique they planned to employ in extracting unconventional resources. If they were to use hydraulic fracturing (now prohibited) or did not respond within the allotted time frame, the license would be revoked.
"Do you really believe that companies, after having obtained permits, are going to declare that they are using the hydraulic fracturing technique?" said Nicole Bricq, member of the Socialist party, which forms the main opposition. The "companies won a first round," said Bricq.
The Socialist and Greens opposed the bill, continuing to calling for total ban on the exploration of unconventional hydrocarbons and the repeal of all shale permits already issued, as was proposed in the original legislation brought before the National Assembly.
However the government stated that the repeal of granted licenses would likely result in extensive litigation and the requirement of financial compensation to permit holders. Accordingly, the draft legislation was subsequently amended on first reading by the National Assembly to prohibit only the technique of hydraulic fracturing.
The Senate has now made further amendments, which make hydraulic fracturing possible for "scientific purposes".
Opponents say that this gives exploration companies a window of opportunity for continuing drilling.
In a press release, Friends of the Earth, Greenpeace and the Climate Action Network France said that the government has caved to pressures from the industry lobby. "By leaving the door open for future exploitation of gas and oil shale and the use of hydraulic fracturing, senators of the majority and the government have decided to ignore the significant threats to our environment.”
"The mobilization must continue to obtain a firm and definitive prohibition of exploration and exploitation of gas and oil shale, both in France and abroad by subsidiaries of French companies.”
Ecology minister Nathalie Kosciusko defended the Senate version of the text. “The government took measures to end the exploitation of shale gas," said the Minister. "The purpose of this bill is to ensure that there is no exploration and exploitation of shale gas by hydraulic fracturing which is the only known technique.”
The Minister said that said any research work would be overseen by a scientific committee and monitored by a National Committee made up of representatives from parliament, local government, NGOs and residents' groups.
"Without doubt it will take time to put in place all the necessary guarantees for a possible experimentation. The government will outline these in its annual report to parliament," Kosciusko-Morizet said.
A joint committee composed of seven senators and seven assembly members will now be charged to develop a compromised text, which will need to be agreed by both houses.