Energy transition will not happen without the subsurface, but how to frame conditions for its use? What are the legal frameworks relating to the specificity of subsurface uses and resources, and issues related to mining practice responsibility and supply chain sustainability? These questions are at the heart of the JPEC project, one of 13 projects of the Subsurface, Common Good PEPR, whose first scientific meeting was held on January 9 and 10, 2024.
11 January 2024
Louis de Fontenelle, coordinateur du projet JPEC

Louis de Fontenelle, coordinateur du projet JPEC, lors de la réunion de lancement du projet le 9 janveir 2024 à Paris.

© BRGM

Development of subsurface activities currently fits into a French and European "mining revival" strategy, given issues of securing and supplying resources in critical materials in the context of energy transition.

At the European level, the recent "Critical Raw Materials Act" proposed by the European Commission notably aims to establish a framework guaranteeing safe and sustainable supply of critical raw materials. In France, mining law underwent major reform starting in 2021 within the framework of adoption of the "Climate and resilience law", then concluded with adoption of four ordinances in 2022 completing the legal framework. While this reform allowed modernization of French mining law, and notably better consideration of environmental issues and public participation, legal questions relating to subsurface uses are numerous.

Analyzing mining law evolution as an energy transition tool

The JPEC project "Justice Pathways for Extractive and Critical Minerals", coordinated by Louis de Fontenelle (University of Pau and Pays de l'Adour) and Florian Leprovost (BRGM), will analyze mining law evolution for 5 years, starting from the principle that the role of law is also to guarantee the concept of justice and a certain social order. It will also study, in connection with projects ANTICIP (PC 1) and VERTIQUAL (PC 7) of the Subsurface, Common Good PEPR, what thinking of the subsurface as a common good implies.

Première rencontre scientifique du projet JPEC

The project's first scientific meeting was held on January 9 and 10, 2024 at the Geological Society of France in Paris. These days fostered meetings and exchanges between project members, and finalized organization of a reflection committee on the future of mining law.

They were also punctuated by:

  • A presentation by Jean-Raymond Philipot of DGALN on issues and news of mining reform in France;
  • A conference by Emmanuel Hache, Research Director and Professor at IRIS, on geopolitical issues related to dependence on critical materials.

This project is conducted in partnership with CNRS and the Energy Justice & the Social Contract chair.