.svg)
We would like to provide an update on the main regulatory provisions that came into effect on January 1 of this new year regarding safety, the environment, and energy.
New environmental regulatory provisions
Lubrizol Action Plan
This plan aims to strengthen regulatory provisions regarding the management and prevention of industrial accidents.
Some of the changes introduced by this plan came into effect on Januaryst . These include:
- mandatory inventory of stored materials for all ICPE facilities subject to authorization
- a new definition for heading 1510 (covered warehouses) that expands its scope.
Ban on plastic bottles
(Environmental Code Article L. 541-15-10)
The fight against single-use plastic is intensifying.
It is prohibited to distribute plastic beverage bottles free of charge in professional premises and establishments open to the public.
This ban does not apply:
- to establishments not served by a drinking water network,
- in the event of a public health emergency (e.g., heatwave, health crisis, etc.),
- or when restrictions are in place for water intended for human consumption for food-related uses (e.g., tap water unfit for consumption).
Export of plastic waste from the EU
(Regulation No. 1013/2006 of June 14, 2006)
The export of plastic waste from the EU to countries that are not members of the Organisation for Economic Co-operation and Development (OECD) is now prohibited. This ban does not apply to clean waste sent for recycling.
Waste collection in public-access buildings (ERP)
(Environmental Code Article R. 541-61-2)
Operators of public-access buildings (ERP) must organize the separate collection of waste from the public as well as waste generated by their staff. To do this, they must provide separate collection facilities for:
- household packaging waste consisting primarily of plastic, steel, aluminum, paper, or cardboard, as well as printed paper waste and graphic paper, on the one hand,
- and bio-waste, on the other.
This obligation applies to public-access buildings producing more than 1,100 liters of waste, all types combined, per week.
GHG quotas: a new period
(Regulation 2018/2066 of December 19, 2018, Environmental Code Articles R. 229-5 to D. 229-37-11 & Order of December 21, 2020)
The European Union Emissions Trading System (EU ETS) for greenhouse gases (GHG) aims to reduce GHG emissions.
It is entering its 4th period (2021-2030). This period notably restricts the allocation of free quotas to certain sectors.
Collection and declaration of the TGAP waste tax to the DGFIP
(Customs Code Articles 266 sexies to 266 quindecies)
The management and collection of the TGAP waste tax has been transferred from the Directorate General of Customs and Indirect Taxes (DGDDI) to the Directorate General of Public Finance (DGFIP).
As a reminder, for the other components, this transfer took place onJanuary 1st, 2020.
New energy regulations
Regulated electricity sales tariffs
(Energy Code, Articles L. 337-3 to L. 337-9)
Regulated electricity sales tariffs (TRVE) apply to consumers with a subscribed power rating of 36 kVA or less.
They are now only available to certain non-domestic consumers. These must employ fewer than ten people and have an annual turnover, revenue, or balance sheet total not exceeding 2 million euros.
Other consumers have had to switch to a market-based offer.
New safety regulations
Mandatory inspection plan for use of a CTP
(Order of November 20, 2017)
Adhering to a professional technical manual (CTP) allows for adapted inspection intervals for the in-service monitoring of pressure equipment (ESP) *.
Any operator wishing to follow a CTP must now implement an inspection plan.
They must be able to justify the plan's compliance with the CTP.
The inspection plan defines the monitoring actions to be carried out to ensure that equipment undergoes a complete examination between its commissioning and its first periodic requalification, and subsequently between two periodic requalifications. It must be approved.
Example: The Refrigeration Systems CTP allows for the monitoring of pressurized cooling units, among other things.
*Examples of ESP: air compressors, steam boilers, pressurized cooling units, etc.
New regulations for carcinogenic work
(Order of October 26, 2020)
Work involving exposure to respirable crystalline silica dust generated by work processes has been added to the list of carcinogenic substances, mixtures, and processes.
Consequently, affected employers must implement the provisions applicable to CMR chemical agents: annual OEL monitoring, enhanced individual health monitoring for employees, specialized employee training, etc.
Electronic notification of the AT/MP rate decision
(Social Security Code, Article L. 242-5)
Notification of contribution rates for workplace accidents and occupational diseases (AT/MP) has been mandatory since January 1, 2020, for companies with more than 149 employees.
It becomes mandatory for companies with at least 10 employees starting January 1, 2021.
These notifications are handled via the "AT/MP Account" online service, accessible on the website www.net-entreprise.fr.
Registration for this online service is therefore mandatory for all employers liable for this contribution, under penalty of fines. Health insurance authorities specify that this registration must be completed before December 1, 2020, for companies with between 10 and 149 employees.
Updating the TMD order to reflect new international agreements
(Order of May 29, 2009)
The TMD order consolidates the rules applicable to the transport of dangerous goods within the national territory for the three land-based modes: road, rail, and inland waterways. It has been updated to incorporate changes in international regulations regarding the transport of dangerous goods by land (ADR 2021, RID 2021, and ADN 2021).
Key changes include: online designation of the DGSA (Dangerous Goods Safety Adviser), conditions for using trailers to transport fuel, exemptions for transport operations carried out by pharmaceutical wholesalers, delivery of liquid dangerous goods in IBCs, and a new UN number (UN 3549) for certain infectious medical waste, among others.
Employers may continue to apply the previous provisions of the TMD order until June 30, 2021.
Blind spot warning signs on vehicles over 3.5 tonnes
(Highway Code, Article R. 313-32-1)
Blind spot warning signs become mandatory starting January 1, 2021, for all vehicles with a gross vehicle weight rating (GVWR) exceeding 3.5 tonnes. Failure to comply will result in a 4th-class fine (€135).
An exemption is provided if an equivalent device compliant with the regulations of another European Union country is already installed.
In addition, vehicles will benefit from a one-year transition period if they were equipped with other blind spot warning devices on the sides and rear before March 31, 2021.
Mandatory AEDs in Category 1 to 3 public buildings
(Construction and Housing Code, Articles R. 123-57 to R. 123-60 & Orders of October 29, 2019)
An automated external defibrillator (AED) is now mandatory in public buildings (ERP) of category 4.
This AED must be easily accessible and usable by anyone. Its signage must comply with the order of October 29, 2019.
Furthermore, the operator must register their AED in the national database Géo’DAE.
Note: The installation of an AED has been mandatory since January 1, 2020, for category 1 to 3 public buildings, and since January 1, 2022, for certain category 5 public buildings (train stations, high-altitude hotels and restaurants, mountain huts, indoor sports facilities, etc.).
Conclusion
Given these significant changes, we encourage you to check whether any of these regulatory requirements apply to you and, if so, to review them carefully and implement them if you have not already done so.