Public inquiry

Launch of the public inquiry

A public inquiry is opened by the prefect in any community having part of its territory within a 5-km radius of the boundaries of the basic nuclear facility (INB) area.



The prefect, after consulting with the investigation commissioner or the inquiry commission's president, publishes a prefectoral order specifying:

1° The object of the inquiry, the date it will begin and its duration, which cannot be less than one month nor exceed two months, except when an extension of a maximum duration of two weeks has been decided by the investigating commissioner

2° The locations where, and the dates and times when the public will be allowed to consult the inquiry report and provide its views on the register made available for that purpose; in case the inquiry takes place at a plurality of locations, the prefectoral order may designate which one of these will act as the inquiry headquarters, where any correspondence relating to the inquiry may be addressed

3° The names and qualifications of the investigating commissioners or members of the inquiry commission and their potential replacement members

4° The places where, and the dates and times when the investigating commissioner or a member of the inquiry commission will be available to the public, for the gathering of their views

5° The places where, on the inquiry's completion, the public can consult the report and the investigating commissioner's or inquiry commission's conclusions

6° Whether the project has been subject to an impact study or an impact report under the provisions of articles R. 122-1 to R. 122-16, and indicates the availability of this document in the inquiry report



7° Whether the public inquiry documents, if applicable, have been sent to another State.

8° The identity of the competent regulatory body granting authorization or approval and the relevant details

9° The identity of the person in charge of the project or the authority from which information may be requested 



A statement to make this information known to the public will be published by the prefect in clearly legible characters at least a fortnight before the beginning of the inquiry, and will be reproduced during the first eight days thereof in regional or local newspapers published in the department(s) concerned. For operations of national impact, said statement shall further be announced in a nation-wide newspaper at least a fortnight before the beginning of the inquiry.



At least two weeks before the opening of the inquiry and throughout its duration, this statement shall be announced by means of posters and, if needed, by any other means, in each of the communities the prefect has designated. Furthermore, under the same lead-time and duration conditions, unless otherwise impossible, the same announcement will be posted in the places or in a place located near the facilities, buildings or works that are projected and visible from the public domain.

The inquiry is conducted by an investigating commissioner or an inquiry commission, according to the nature and importance of the required operations.


How are the investigating commissioner or inquiry commission designated?

The prefect consults with the presiding judge of the administrative tribunal in the district where the operation or the major part of the operation submitted to the inquiry must be carried out, and, for that purpose, sends the tribunal a request specifying the object of the inquiry as well as the chosen inquiry period.
The presiding judge of the administrative tribunal or the tribunal member delegated by him for that purpose designates, within a fortnight, an investigating commissioner or members, in an odd number, of an inquiry commission among whom he chooses a president.

The investigating commissioner is selected, on the basis of a list of qualifications, which is established for each department by a commission presided by the presiding judge of the administrative tribunal, or a delegated judge. This list is made public and is revised at least once a year.


Implementation of the public inquiry

The investigating commissioner or the inquiry commission's president conducts the inquiry so that the public can be accurately informed of the project and provide its views, suggestions and counter-proposals.

Throughout the duration of the inquiry, the public's views, suggestions and counter-proposals may be recorded in the inquiry register made available in each of the localities where a report has been filed; this register, in the form of a document with non-detachable leaves, shall be marked and initialed by the investigating commissioner, the inquiry commission's president or a member thereof.
The views may also be sent by mail to the investigating commissioner or inquiry commission's president at the inquiry headquarters; these are kept available to the public. Furthermore, the public's views are gathered by the investigating commissioner or by a member of the inquiry commission, at the locations, dates, and times set and announced under the provisions of articles R. 123-13 and R. 123-14.



The inquiry duration is between one month and two months and may be extended by fifteen days upon the decision of the investigating commissioner.

On expiry of the inquiry lead-time, the inquiry register(s) are closed and signed by the prefect or sub-prefect, when the place of inquiry is the prefecture or sub-prefecture, and by the mayor in all other instances, and then sent within the next 24 hours, with the inquiry file and attached documents, to the investigating commissioner or the inquiry commission's president.   
The investigating commissioner or the inquiry commission will hear any person it deems useful to consult with, as well as the contracting authority, when the latter makes such a request. The inquiry commissioner or the inquiry commission drafts a report stating the status of the inquiry and examines the views gathered. The inquiry commissioner or the inquiry commission records, in a separate document, its reasoned conclusions underlining whether or not these are in favour of the operation. The inquiry commissioner or the inquiry commission's president sends the inquiry file, together with the report and the reasoned conclusions, within one month after the inquiry has been closed.

The prefect sends a copy of the report and conclusions, once they have been received, to the presiding judge of the administrative tribunal, to the contracting authority and, if applicable, to the competent regulatory body.  
A copy of the report and conclusions is also sent to the city halls of each of the communities where the inquiry has been carried out and to the prefecture of each department concerned, so as to be made available to the public for a duration of one year after the date of completion of the inquiry. In addition, interested persons can request the report and conclusions to be sent to them by the prefect under the provisions of title 1 of act Nr 78-753 of 17 July 1978, which specifies the various measures intended to improve relations between the administration and the public, and various administrative, social and fiscal provisions.