Four decrees (décrets) from August 27th, 2025, were published in the Official Gazette on August 28th, 2025, presenting significant changes to the French mining legal framework.
The decrees are intended to promote a more sustainable and responsible application of present mining legislation. Notably, the four decrees introduce mandatory considerations for economic, environmental, and social issues, referred to as protected interests (intérêts protégés) under the Mining Code and introduce the requirement of conducting public consultations prior to the granting of permits.
In addition, the decrees modify the regime for granting and renewing permits for mining substances, underground storage, geothermal activities and marine aggregates contained in the seabed of the public domain and the continental shelf.
Lastly, this reform aims to amend and clarify the mining regime applicable in French overseas departments with respect to mining permits and sets out specific provisions for French Guiana.
Published Decrees
The following four decrees were published in the French Official Gazette on August 28th, 2025:
- Decree No. 2025-851 of August 27, 2025, on mining rights and underground storage rights (Décret n° 2025-851 du 27 août 2025 relatif aux titres miniers et aux titres de stockage souterrain) (hereinafter, Decree No. 2025-851);
- Decree No. 2025-852 of August 27, 2025, on geothermal research and exploitation activities (Décret n° 2025-852 du 27 août 2025 relatif aux activités de recherche et d'exploitation de géothermie) (hereinafter, Decree No. 2025-852);
- Decree No. 2025-853 of August 27, 2025, on various provisions relating to mining in overseas territories (Décret n° 2025-853 du 27 août 2025 portant diverses dispositions en matière minière outre-mer) (hereinafter, Decree No. 2025-853); and
- Decree No. 2025-854 of August 27, 2025, on the exploration and exploitation of marine aggregates in the seabed of the public domain, the exclusive economic zone and in the soil and subsoil of the continental shelf (Décret n° 2025-854 du 27 août 2025 relatif à la recherche et à l'exploitation de granulats marins dans les fonds marins du domaine public, de la zone économique exclusive et dans le sol et le sous-sol du plateau continental) (hereinafter, Decree No. 2025-854).
Entry Into Force
All four decrees come into effect the day after their publication, on August 29th, 2025.
The decrees apply to permit applications, including exclusive exploration permits (permis exclusifs de recherches), exploitation permits (permis d'exploitation), and concessions (concessions), submitted after July 1st, 2024. In addition, the first application for an extension, submitted after that date, of an exclusive exploration permit which is valid on that date, must be submitted and examined in accordance with the procedures laid down in the relevant decree.
By way of exception, Decree No. 2025-853 provides in its Article 11 that exploitation permit (autorisation d'exploitation) applications which were submitted between August 25th, 2021, and June 30th, 2026, must be brought into compliance with the provisions of Decree No. 2025-853 by June 30th, 2026, at the latest. To date, there is no public information available concerning any appeals that may have been lodged against these decrees.
Main Changes
The four decrees serve to implement the provisions of the Mining Code as modified by Law No. 2021-1104 of August 22nd, 2021, on combating climate change and strengthening resilience to its effects (LOI n° 2021-1104 du 22 août 2021 portant lutte contre le dérèglement climatique et renforcement de la résilience face à ses effets), and as amended by Orders No. 2022-536 of April 13th, 2022, amending the mining system and legal regimes under the Mining Code (Ordonnance n° 2022-536 du 13 avril 2022 modifiant le modèle minier et les régimes légaux relevant du code minier) and No. 2022-1423 of November 10th, 2022, on various provisions relating to the Mining Code (Ordonnance n° 2022-1423 du 10 novembre 2022 portant diverses dispositions relatives au code minier).
Although the decrees implement differing legal provisions, they all cover a few common legal concepts. Notably, the decrees introduce a new legal regime which imposes mandatory considerations for economic, environmental and social issues, referred to as protected interests (intérêts protégés). These protected interests include which include, among others, labor safety, public health and safety, preservation of public and private infrastructure and preservation of the environment (the "Protected Interests") mentioned in Article L. 161-1 of the Mining Code. In accordance with upholding these protected interests, the decrees consequently introduce the requirement of conducting public consultations prior to the granting of mining permits.
1. Decree No. 2025-851 of August 27th, 2025, on mining rights and underground storage rights
Decree No. 2025-851 repeals Decree No. 2006-648 of June 2nd, 2006, on mining rights and underground storage rights (Décret n°2006-648 du 2 juin 2006 relatif aux titres miniers et aux titres de stockage souterrain) and introduces the following key changes:
(a) it amends the procedure for examining applications for exclusive exploration permits (permis exclusifs de recherches) and mining and underground storage concessions (concessions de mines et de stockage souterrain), to include environmental, economic and social analysis. This new process allows for better consideration of the Protected Interests, from the application stage onwards. Most significantly, the decree introduces provisions that an application for a permit may be refused if the Minister responsible for mining has serious doubts about the possibility of exploiting the deposit without seriously damaging the Protected Interests;
(b) it specifies the procedures for informing and consulting the public and local authorities during the application review period and simplifies the application review process, with the possibility of establishing a monitoring committee (commission de suivi) to aid the mining permit applicant/holder in preventing breaches of protected interests and ensure they are upheld; and
(c) it provides the necessary coordination of Articles R. 229-57 et seq. of the French Environment Code relating to the review of applications for underground carbon dioxide storage.
2. Decree No. 2025-852 of August 27th, 2025, on geothermal research and exploitation activities
Decree No. 2025-852 repeals Decree No. 78-498 of March 28th, 1978, on geothermal research and exploitation activities, and introduces, among others, the following changes:
(a) as in Decree No. 2025-851, it amends the procedure for examining applications for exclusive exploration permits and geothermal energy concessions by strengthening the consideration of the Protected Interests and specifying the procedures for informing and consulting the public and local authorities during the period of examination of geothermal permit applications, with the possibility of establishing a site monitoring committee;
(b) it simplifies the permit examination procedure, particularly when applications for geothermal permits and permits for substances contained in the heat transfer fluids of geothermal deposits, such as lithium, are submitted simultaneously; and
(c) it sets out the procedures for the examination of offshore geothermal permits by the authorities governed by Article 73 of the French Constitution.
This decree specifically excludes the overseas departments of Saint Barthelemy and Saint Martin in its application.
3. Decree No. 2025-853 of August 27, 2025, on various provisions relating to mining in overseas territories
Decree No. 2025-853, which repeals Decree No. 2001-204 of March 6th, 2001, on mining authorizations in overseas departments (Décret n°2001-204 du 6 mars 2001 relatif aux autorisations d'exploitation de mines dans les départements d'outre-mer) and Decree No. 2018-62 of February 2nd, 2018, implementing Article L. 611-33 of the Mining Code (Décret n° 2018-62 du 2 février 2018 portant application de l'article L. 611-33 du code minier), regulates authorizations for onshore and offshore mining operations, the mining commission (commission des mines), and the issuance of offshore mining titles in overseas departments and regions.
The decree also refers to the Protected Interests, which it aims to uphold by applying a bespoke approach to mining regulation and adapting the other three decrees to overseas departments and regions.
Further, Decree No. 2025-853 builds upon existing legal obligations to provide financial guarantees, either from a financial or insurance institution, or by way of a deposit with the Caisse des dépôts et consignations before the start of mining operations. These provisions expand on the requirements of Article R516-2 of the Environmental Code concerning financial guarantee requirements and calculation, and Decree No. 2010-1389 of 12 November 2010 on the obligation to provide financial guarantees prior to the commencement of mining exploration or exploitation work (Décret n° 2010-1389 du 12 novembre 2010 relatif à l'obligation de constituer des garanties financières avant l'ouverture de travaux de recherche ou d'exploitation de mines).
Lastly, Decree No. 2025-853 includes specific provisions for French Guiana with respect to mining exploration permits issued on public or private state land, special permits allowing legal operators to set up on illegally mined sites, and improved traceability of gold production. In addition, Decree No. 2025-853 introduces specific formulas which are to be used when calculating financial guarantees for French Guiana.
4. Decree No. 2025-854 of August 27th, 2025, on the exploration and exploitation of marine aggregates in the seabed of the public domain, the exclusive economic zone and in the soil and subsoil of the continental shelf
Decree No. 2025-853 repeals Decree No. 2006-798 of July 6th, 2006, on the prospecting, exploration and exploitation of mineral or fossil substances contained in the seabed of the public domain and the metropolitan continental shelf (Décret n°2006-798 du 6 juillet 2006 relatif à la prospection, à la recherche et à l'exploitation de substances minérales ou fossiles contenues dans les fonds marins du domaine public et du plateau continental métropolitains) and introduces various changes, notably including:
(a) as in Decree No. 2025-851 and Decree No. 2025-852, the procedure for examining applications for exclusive exploration permits and concessions by strengthening the consideration of the Protected Interests and specifying the procedures for informing and consulting the public and local authorities during the period of examination of geothermal permit applications, with the possibility of establishing a site monitoring committee;
(b) a clearer reading of the review procedures without referring to the provisions of Decree No. 2025-851, although it reflects the latter's structure and content except for the provisions specific to offshore procedures; and
(c) clarification on the investigation procedure (procédure d'instruction), particularly when an application for authorization to carry out preliminary prospecting and an application for a works permit are submitted simultaneously.
Next Steps and Context
Further modifications to, and implementation decrees/orders of the French Mining Code are anticipated in the coming months so as to harmonize the regulatory structure. At present, there is a bill concerning simplifying economic activity (Projet de loi, modifié par l'Assemblée nationale, de simplification de la vie économique, n° 758) which is currently under discussion in the Joint Committee (Comission Mixte Paritaire) in order to bring the Senate and National Assembly into agreement on its suggested provisions. The bill proposes modifications to various codes and laws, including the Mining Code, which includes wording changes and amendments to Article L411-1 concerning drilling depth.
These legislative changes come against the backdrop of revived interest for critical mineral mining in France and the European Union, due to their essential role in the transition towards sustainable and renewable energy sources.
Raphaël Papon (White & Case, Associate, Paris) contributed to the development of this publication.
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