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production of unconventional hydrocarbons by prohibiting
the use of hydraulic fracturing. The conclusion of the report
written by senior officials was the following:
“The brutal and highly publicized eruption in France of
the issue of shale gas — which has been underway for more
than fifteen years in the United States, leading an upheaval
in the country’s energy balances — has not allowed the
initiation of a serene technical and democratic debate at the
desirable pace.”
“The techniques used have all, when considered one
by one, long been practiced (horizontal drilling, hydraulic
fracturing, use of chemical additives etc.). It is the
combination of these techniques that is innovative and
allows the possibility of an economically viable operation.
This combination, with the prospect of large-scale
development in areas not accustomed to oil techniques,
clearly raises concerns with regard to the risks involved.”
“Since spring 2011, some European states have taken a
significant part in the debate, with different results. Due
to a more entrenched environmental sensitivity and to
their urban concentrations, European countries are in a
context that is not directly comparable to that of United
States. The development of unconventional hydrocarbons in
our continent will never reach the scale and speed of the
combined experience of the United States over 20 years.
Moreover, whatever the economic interest of the subsoil
resources, it must be balanced with the inclusion of other
assets regarding the territory, such as agriculture, natural
heritage, tourism, etc.”
It should be highlighted that the law was passed after a
Parliamentary report and a Parliamentary debate, which is
one of the best expressions of democracy. But this process
took place before any scientific report could be written to
clarify, from a scientific point of view, the different issues
raised by the possibility of producing unconventional
hydrocarbons.
Conclusion
It is clear that French society encounters problems when
debating regulatory frameworks for new technologies in
order to find the conditions under which such development
could take place, or to decide about the research necessary
to determine whether this development is desirable or not.
The cancellation of a number of public meetings and the
uprooting of some GMO tests emphasize the need to invent
other forms of public participation. More generally, it leads
us to consider that several barriers remain in debating such
issues, some of which are specific to French society.
3. A deteriorating link between science and society
3.1. “The precautionary principle”: a culprit too
quickly identified
The precautionary principle was introduced into the
Constitution after a vote of approval on the Environmental
Charter by the French Parliament in Congress at Versailles
in March 2005:
“Art. 5 – When the occurrence of any damage, albeit
unpredictable in the current state of scientific knowledge,
It is clear that French
society encounters
problems when debating
regulatory frameworks for
new technologies.
may seriously and irreversibly harm the environment, public
authorities shall, with due respect for the precautionary
principle and the areas within their jurisdiction, ensure the
implementation of procedures for risk assessment and the
adoption of temporary measures commensurate with the
risk involved in order to deal with the occurrence of such
damage”.
Prior to the inclusion of the Environmental Charter in the
Constitution, there was vigorous debate between those who
wished to adopt some measures to avoid major damage to
the environment, even in uncertain cases, and those who
opposed them, arguing that they might inhibit economic
initiative and technological innovation. Nearly ten years after
its publication, two points need to be made:
• In legal terms, the precautionary principle has seldom been
applied.
• Nevertheless, more and more public decisions take
that principle as a reference. And, by the way, some of
them seem to be taken under emotional stress, without
relying on scientific knowledge. Therefore, it seems logical
to remember that public decisions must be based on
independent and multidisciplinary scientific expertise.
The issue at stake is not about being for or against GMOs
or shale gas. It must be recalled that, under the current
charter of the environment, ‘risk assessments’ must be
implemented, temporary measures adopted and a research
program has to be designed to resolve the possible
uncertainties. The implementation of risk assessments
should lead to an explicit formulation of the unresolved
scientific issue — in a transparent way — and to the
implementation of a research program to treat these issues
rather than to continue discussing sterile arguments. But
such assessments are often lacking.
In fact, innovation is not stifled in France by the
precautionary principle but rather by a certain mindset
in society and a growing distrust towards technological
progress and scientists (see also the case study on risk and
precaution). As a result, some technologies are de facto
blocked, without any scientific debate on the unresolved
questions. On the other hand, in some areas, some
industries are tempted to continue their work without any
transparency.
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