May 2026 EHS Energy Regulatory Update

Here are the key regulatory topics for May 2026 related to energy, the environment, and safety.

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ENVIRONMENT

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Alignment with European law regarding certification for work on fixed fire protection systems containing fluorinated greenhouse gases (FGGs)

Decree of May 23, 2011, issued pursuant to Articles R. 521-59, R. 521-60, R. 521-61, and R. 521-63 of the Environmental Code for the sector of fixed fire protection equipment, AMENDED BY the decree of April 23, 2026 [Official Journal of the French Republic, May 3, 2026]

Pursuant to Regulation (EU) 2024/573 of February 7, 2024, on fluorinated greenhouse gases (“F-Gas III”) and Implementing Regulation (EU) 2025/625 of March 28, 2025, the decree of April 23, 2026 aligns French regulations with European regulations regarding certification for work on fixed fire protection equipment.

Accordingly, new procedures for staff certification have been established. These certificates are now valid for a maximum of 7 years (previously, they had no expiration date). Procedures for refresher training for already certified staff have also been added. In addition, a company seeking to obtain a certificate must now include, as part of its application, the certificates already issued to its staff and their refresher training certificates.

In the same vein, and in accordance with the F-GAZ III regulations regarding the certification of personnel involved:

• in the recovery of GESF-based solvents
• on stationary electrical switching equipment containing HFCs or their recovery 

The relevant French regulations have also been adapted. 

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Exemption from the 100% reuse requirement for pallet packaging and straps

Commission Delegated Decision (EU) 2026/429 of February 25, 2026, supplementing Regulation (EU) 2025/40 of the European Parliament and of the Council by exempting certain economic operators that use pallet packaging and straps from the requirement to reuse 100% of these packaging formats [OJEU of May 6, 2026]

Regulation (EU) 2025/40 of December 19, 2024 (known as the “PPWR”) establishes a reuse requirement applicable to economic operators who use transport packaging or sales packaging for the transport of products within the Union, including for e-commerce, specifically in the form of pallets, including the straps used to stabilize and protect products placed on pallets during transport.

Effective January 1, 2030, a requirement to reuse 100% of this packaging applies when transporting products: 

- within the Union, between different locations where the operator conducts business, or between one of the locations where the operator conducts business and the locations of any other affiliated or partner company as defined in Article 3 of the Annex to Recommendation 2003/361/EC (excluding e-commerce)

- for the purpose of delivering goods to another economic operator in the same Member State.

This decision relaxes these provisions by introducing a specific exemption for pallet packaging or straps used to stabilize and protect products placed on pallets during transport.

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New Reporting Requirements Under the Mining Code for Surveys, Drilling, Wells, Underground Structures, and Excavation Work

Mining Code, Articles L. 411-1 through L. 411-3-4: Excavations and Geophysical Surveys—Prior Notifications AMENDED BY Law No. 2026-403 of May 26, 2026, on Simplifying Economic Life [Official Journal of the French Republic (JORF) of May 27, 2026]

As a reminder, until then, the Mining Code required any person conducting a test drilling, underground construction, or excavation—regardless of the purpose—that exceeded a depth of 10 meters to file a prior notification with the administrative authority.

Law No. 2026-403 of May 26, 2026, revises this requirement and now mandates that the project owner, project manager, or contractor carrying out a survey, drilling, well, underground structure, or excavation work, regardless of the purpose, with a depth exceeding 10 m. 

However, when it comes to exploration, monitoring, or the temporary or permanent extraction of groundwater, this prior notification is mandatory, regardless of the depth. 

In addition, the law now requires the project owner, project manager, or construction company to notify the aforementioned agency upon completion of the work.

These provisions shall take effect on a date to be set by decree, and no later than December 31, 2027.

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ENERGY

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Option to require a reflective roof covering in cases where the requirement to incorporate renewable energy generation processes and green roof systems is waived

Construction and Housing Code, Articles L. 171-1 through L. 175-2: Energy and Environmental Performance AMENDED BY Law No. 2026-403 of May 26, 2026, on Simplifying Economic Life [Official Journal of the French Republic (JORF) of May 27, 2026]

As a reminder, the competent authority for urban planning permits may grant exemptions from the requirement to incorporate renewable energy generation systems and rooftop greening systems into certain types of buildings, based on technical, safety, architectural, heritage, or economic considerations. 

In the case of exemptions due to technical, safety, architectural, or heritage-related constraints, Law No. 2026-403 of May 26, 2026, now allows the authority responsible for issuing planning permits to make the granting of all or part of these exemptions contingent upon the installation of a reflective roof covering to achieve energy savings. A decree must establish the conditions under which the competent authority may require such a solution, and an administrative order must specify the minimum characteristics of these coatings.

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SAFETY

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Exemption from the requirement to apply for an administrative permit for construction work and for the opening of a facility open to the public (ERP) 

Construction and Housing Code, Articles L. 122-2 through L. 122-6: Notifications and Permits AMENDED BY Law No. 2026-403 of May 26, 2026, on Simplifying Economic Life [Official Journal of the French Republic (JORF) of May 27, 2026]

Law No. 2026-403 of May 26, 2026, introduces amendments regarding the permit required to carry out work to construct, renovate, or modify a public access building in order to verify its compliance with accessibility and fire safety regulations (based on its category and expected occupancy). 

Thus, it is specified that, by way of exception, the building permit procedure is replaced by a procedure requiring a declaration of compliance with accessibility and fire safety regulations for public access buildings (ERP) smaller than 300 m² that have a fire suppression system appropriate to the fire risk or are located in a train station, provided they continue to operate as before. A decree must specify the conditions for applying this procedure.

In addition, microenterprises and small and medium-sized enterprises may, upon request, receive a pre-inspection consultation regarding accessibility requirements and fire safety regulations. 

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New templates for medical opinions, certificates of individual health monitoring, and certificates of no medical contraindications 

Decree of October 16, 2017; Decree of December 20, 2017, establishing the templates for the notice of fitness for work, notice of unfitness for work, certificate of individual health monitoring, and proposal for workplace accommodations; and Decree of September 26, 2025, establishing the templates for the certificate of no medicalto driving and performing certain operations, as provided for in Articles R. 4323-56 and R. 4544-9 of the Labor Code, AS AMENDED BY the Decree of May 6 [ Official Journal of the French Republic of May 10, 2026]

New models: 

• notices of fitness or unfitness for duty, certificates of individual health monitoring, and proposals for workplace accommodations;
• certificates stating that there are no medical contraindications.

are to be taken into account as of June¹, 2026

The order aims to remove, without changing the law, references to the National Health Identification Number (INS) from the standard forms for notices or certificates issued by healthcare professionals in occupational health and safety services and agricultural occupational health services.

As a reminder, these documents are provided by healthcare professionals in occupational health and prevention services to the employees who undergo these examinations, following the various types of examinations and checkups conducted as part of the individual monitoring of workers’ health.

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