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In a 1st part, we presented the overall operation of French and European HSE regulations, including the concepts of 'arrêté' (order), 'décret' (decree), 'code' (code), 'directive' (directive), or 'règlement' (regulation). Then, the 2nd part illustrated this operation in the field of occupational health and safety at work. To further facilitate your understanding, this 3rd part explains thestructure of HSE regulations using environmental examples: a transposition of a European directive, a European regulation, and an example of French regulation.
Structure of HSE Regulations
Example 1: Transposition of a Directive – Sorting and collection of paper, metal, plastic, and glass waste
To promote their reuse and recycling, Directive No. 2008/98/EC of 19 November 2008 provides for the implementation by Member States of separate collection for paper, metal, plastic, and glass.
The source separation of paper, metal, plastic, glass, and wood waste was made mandatory in France by Ordinance No. 2010-1579 of December 17, 2010. This ordinance created Article L. 541-21-2 in the legislative section of the Environmental Code, which establishes this obligation.
Decree No. 2016-288 of March 10, 2016, subsequently defined the conditions for source separation of this waste by creating Articles D. 543-278 to D. 543-287 in the regulatory section of the Environmental Code.
Specific provisions concern the sorting of office paper waste for individuals whose duties normally involve the production of office paper waste. These duties were specified by the Order of April 27, 2016.
An Order of July 18, 2018, defined a model for the recovery certificate that operators of recovery facilities and intermediaries involved in waste collection, transport, trading, or brokerage for recovery purposes must issue annually, before March 31, to the producers or holders of paper, metal, plastic, glass, and wood waste who supplied them with 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 switchgear, for fire suppression, in aerosols, etc. These gases are potent greenhouse gases and therefore have a significant environmental impact.
Regulation (EU) No 517/2014 of 16 April 2014 (known as the F-Gas Regulation) aims to prevent and reduce greenhouse gas emissions fluorinated in the European Union. It applies to hydrofluorocarbons (HFCs such as HFC-134a or HFC-143, ...), perfluorocarbons (PFCs), sulphur hexafluoride (SF6), and other greenhouse gases.
Operators of the following stationary equipment using these gases are subject to this regulation:
- stationary refrigeration, stationary air conditioning, and stationary heat pump equipment, including their circuits,
- stationary fire protection equipment,
- electrical switchgear,
- and refrigerated trucks and trailers.
The F-Gas Regulation is directly applicable to these operators. It sets requirements for periodic leak checks, equipment registers, training and certification of personnel involved, labelling, and prohibitions on the use of certain fluorinated greenhouse gases.
Example 3: French Regulation – Signage
Most businesses have a sign to indicate their activity. A sign is defined as any inscription, shape, or image affixed to a building and related to an activity carried out there.
Law No. 2010-788 of July 12, 2010, reformed the regulations on outdoor advertising (including signs) by amending articles L. 581-18 to L. 581-27 of the Environmental Code. These articles stipulate that:
- prior authorization is required for the installation of a sign on certain buildings (historical or listed monuments, buildings located in a remarkable heritage site), on trees, and in certain protected areas (national park, nature reserve, special protection zone), as well as within the framework of local advertising regulations;
- signs must comply with requirements regarding their installation and maintenance.
Decree No. 2012-118 framed and clarified the implementation of this reform by codifying articles R. 581-6 to R. 581-71 of the Environmental Code. Thus, articles R. 581-58 et seq. of the Environmental Code establish:
- requirements for the installation and maintenance of signs based on the methods used, the nature of the activities, and the characteristics of the buildings,
- and requirements for the operation of illuminated signs with the aim of energy saving and limiting light pollution.
The prior authorization procedure is described in articles R. 581-9 and R. 581-16 of the Environmental Code. The order of August 31, 2012, sets the model for the prior authorization application (CERFA 14798).
You now know all the fundamentals regardingHSE regulation organization !