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In Part1, we presented the general operation of French and European EHS regulations, and in particular the notions of "decree", "decree", "code", "directive" or "regulation". Then, in Part2, we illustrated how these regulations work in the field of occupational health and safety. To make it easier for you to understand, this3rd part explains theorganization of EHS regulations through examples concerning the environment: the transposition of a European directive, a European regulation and an example of French regulations.
Organization of EHS regulations
Example 1: Transposition of a directive - Sorting and collection of paper, metal, plastic and glass waste
To encourage reuse and recycling, Directive 2008/98/EC of November 19, 2008 requires member states to set up separate collection systems for paper, metal, plastic and glass.
Source separation of paper, metal, plastic, glass and wood waste was made compulsory in France by Ordinance no. 2010-1579 of December 17, 2010. This ordinance created an article L. 541-21-2 in the legislative section of the Environment Code, introducing this obligation.
Decree no. 2016-288 of March 10, 2016 then defined the conditions for sorting this waste at source by creating articles D. 543-278 to D. 543-287 in the regulatory part of the Environment Code.
Specific provisions concern the sorting of office paper waste for people whose duties normally involve the production of office paper waste. These functions were specified by the order of April 27, 2016.
An order dated July 18, 2018 defined a model for the attestation of recovery that recovery facility operators and intermediaries carrying out waste collection, transport, trading or brokerage activities with a view to recovery must issue each year, before March 31, to producers or holders of paper, metal, plastic, glass and wood waste who sold them waste the previous year.
Example 2: European Regulation - Reduction of fluorinated greenhouse gas emissions
Fluorinated gases have many uses in the industrial world: for refrigeration and air conditioning, in electrical switches, for fire extinguishing, in aerosols, etc. These gases are strong greenhouse gases and therefore have a significant environmental impact.
Regulation No. 517/2014 of April 16, 2014 (known as the F-Gas Regulation) aims to prevent and reduce emissions of fluorinated greenhouse gases in the European Union. It applies to hydrofluorocarbons (HFCs such as HFC-134a or HFC-143, ...), perfluorocarbons (PFCs), sulfur hexafluoride (SF6) and other greenhouse gases.
Operators of the following fixed installations using these gases are affected by this regulation:
- stationary refrigeration, air conditioning and heat pump equipment, including their circuits,
- fixed fire protection equipment,
- electrical switchgear,
- and refrigerated trucks and trailers.
The F-Gas Regulation is directly applicable to these operators. It sets out requirements for periodic leak checks, equipment registers, training and certification of personnel involved, labeling and bans on the use of certain fluorinated greenhouse gases.
Example 3: French regulations - Signs
Most businesses have a sign to indicate their activity. A sign is defined as any inscription, shape or image affixed to a building and relating to an activity carried out there.
Act no. 2010-788 of July 12, 2010 reformed the regulation of outdoor advertising (including signs) by amending articles L. 581-18 to L. 581-27 of the Environment Code. These articles stipulate that :
- prior authorization is required for the installation of a sign on certain buildings (historic or listed monuments, buildings located in a remarkable heritage site), on trees and in certain protected sectors (national park, nature reserve, special protection zone), as well as under local advertising regulations;
- Signs must comply with installation and maintenance regulations.
Decree no. 2012-118 codified articles R. 581-6 to R. 581-71 of the Environment Code, providing a framework and clarifying the implementation of this reform. Thus, articles R. 581-58 et seq. of the Environment Code set out:
- requirements for the installation and maintenance of signs, depending on the processes used, the nature of the activities and the characteristics of the buildings,
- and regulations governing the operation of illuminated signs with a view to saving energy and limiting light pollution.
The prior authorization procedure is described in articles R. 581-9 and R. 581-16 of the Environment Code. The order of August 31, 2012 sets out the model prior authorization application (CERFA 14798).
Now you know all the basics of EHS regulation organization!