The Constitutional Council censures two riders on Stocamine and hydrogen in the finance law

The Constitutional Council issued, Wednesday, December 29, an opinion concerning the “riders” of the Finance law for 2022, that is to say articles which the Sages consider that they have no place in this text. Off-topic, in short.

Among the 10 articles challenged is in particular article 165, which included in a paragraph of the law on the support of the State to the mines of potash of Alsace the authorization of burying “for an unlimited period” of 42,000. tons of arsenic, asbestos and other pollutants at the controversial Stocamine site. This subsidiary of the Alsace Potash Mines is responsible for securing the underground storage of certain dangerous products in the suburbs of Mulhouse (Haut-Rhin).

The constitutional judges did not rule on the merits. They censored the device because the Council considers that these provisions do not find “Their place in a finance law”, this without prejudging “The conformity of the content of these provisions with other constitutional requirements ». However, according to the Environmental Code, the underground storage in deep geological layers of dangerous products, of whatever nature, is subject to administrative authorization. However, a prefectural decree dated March 23, 2017 and authorizing unlimited confinement by Stocamine was canceled in October by the Administrative Court of Appeal of Nancy. The authorization that had slipped into the finance law therefore does not take over.

Bpifrance is refused the French management of Piiec hydrogen […]

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