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The year 2023 saw many significant regulatory changes!
2023 Environmental Regulations
"PEMD" Survey (Products, Equipment, Materials, and Waste)
The project owner of a demolition operation involving a major part of a building's structure or a significant renovation of certain buildings must conduct a survey of the waste generated by these works.
This applies to the demolition and renovation of the following buildings:
- those with a cumulative floor area exceeding 1,000 m²;
- those that have hosted agricultural, industrial, or commercial activity and have been the site of the use, storage, manufacture, or distribution of one or more substances classified as hazardous.
Fire Risk Prevention for Surface Treatment
Fire safety requirements have been strengthened for surface treatment facilities.
This applies to classified facilities registered under headings No. 2564 or No. 2565, or authorized under heading No. 3260.
PFAS Substances: Inventory and analysis obligations for substances present in authorized ICPEs
Per- and polyfluoroalkyl substances (PFAS) are forever chemicals.
Operators of classified facilities subject to authorization (falling under certain categories or using, producing, treating, or discharging PFAS) must conduct an inventory of PFAS substances and carry out monitoring campaigns of their aqueous discharges.
Restrictions for classified facilities during drought periods
In a context where drought episodes are intensifying and extending beyond summer periods, a decree has established a national framework to impose restrictions on certain classified facilities requiring authorization and registration.
To learn more: Water restrictions for classified facilities during drought periods - https://hse-reglementaire.com/
Mandatory Brush Clearing Obligations for Seveso Sites
Mandatory brush clearing obligations now apply, in the areas concerned by these obligations, around Seveso sites, for a depth of 100 m from the property boundaries of the establishment (which can extend up to 200 m by decision of the prefect).
Green Industry Law
This law aims to accelerate the ecological transition and the decarbonization of industry.
To learn more: https://hse-reglementaire.com/loi-industrie-verte/
2023 Safety Regulations
Awareness of cardiac arrest response and life-saving actions
Regulations require awareness training on cardiac arrest response and learning life-saving actions in several situations, particularly for certain employees in companies.
For more information: Life-saving actions awareness in the workplace - https://hse-reglementaire.com/
Hardship Factors:
The thresholds for night work and successive alternating shift work factors have been lowered, effective September 1, 2024.
For more information: Workplace Hardship: What are the latest developments? - https://hse-reglementaire.com/
Reporting fatal accidents to the labor inspectorate
When a worker suffers a fatal workplace accident, the employer must inform the relevant labor inspectorate for the accident location immediately and no later than 12 hours after the worker's death. If the employer can demonstrate that they were not aware of the death within 12 hours, this period then begins from the moment they become aware of the worker's death.
Machinery Regulations
The Machinery Regulation will replace the current 2006 Machinery Directive starting January 20, 2027. It takes into account new technologies and regulates substantial modifications.
To learn more: New Machinery Regulation: Key Changes (hse-reglementaire.com)
2023 Energy Regulations
Existing Car Parks: Canopies
Existing car parks larger than 1500 m² must be equipped with canopies incorporating renewable energy production processes (e.g., solar).
To learn more: Renewable Energy Law: What are the impacts on businesses? (hse-reglementaire.com)
Existing Buildings: Rooftop Panels or Green Roofs
Existing buildings larger than 500 m² and used for certain purposes (industrial, offices, etc.) must integrate renewable energy production processes or rooftop greening systems by 2028.
To learn more: Renewable Energy Law: What are the impacts on businesses? (hse-reglementaire.com)
Energy Directive
This directive stipulates that companies with high energy consumption must implement an energy management system (e.g., ISO 50001 certification). Furthermore, it amends the criteria for submitting to energy audits. France must transpose it into national law before October 2025.
BACS Decree
Certain buildings will be required to install building automation and control systems (BACS) by 2025 or 2027.
This applies to buildings used for tertiary activities, equipped with heating or air conditioning systems, whether or not combined with a ventilation system, and with a useful nominal output exceeding 70 kW.
To learn more: BACS Decree: regulatory update (hse-reglementaire.com)
Insulation and temperature regulation
The obligations for temperature regulation and insulation of heating and cooling distribution networks have been strengthened for certain categories of buildings.
To learn more: New insulation obligations for heating networks - https://hse-reglementaire.com/
What significant regulatory developments are coming?
The regulatory landscape for 2024 is expected to be quite busy. Among the anticipated topics, we can mention several.
Strengthening of refrigerant regulations
The draft regulation aims to replace Regulation No. 517/2014 of 16 April 2014, known as the "F-Gas Regulation." This draft notably provides for stricter controls on the use of HFOs and aims to accelerate the reduction in HFC consumption.
Digitization of infectious medical waste on Trackdéchets
Waste manifests for healthcare activities and associated infectious risks (DASRI) must be digitized on the Trackdéchets platform.
Note: it is already possible to voluntarily use the digitization of DASRI manifests with Trackdéchets.
CLP Revision
The revision of the CLP regulation aims to make labels clearer and easier to understand (including digital labeling).
Note: the revision of the REACH regulation has been postponed and is not expected to be implemented in 2024.
Obligation for Renewable Energy Systems in Existing Buildings and Car Parks
As a reminder, the renewable energy law (ENR) introduced the obligation:
- for existing buildings over 500 m² to install renewable energy systems on their roofs by 2028
- for existing car parks of at least 1500m² to install canopies incorporating renewable energy systems by 2026 or 2028 depending on the size of the car park.
We are awaiting the implementing texts to understand the specific terms of these obligations.
Tertiary Eco-Energy Scheme (Tertiary Decree): one (or two) additional decrees
As a reminder, to meet energy consumption reduction targets for tertiary sector buildings, owners (or tenants) can choose to achieve a final energy consumption level set either in absolute value (Cabs) according to the activity category carried out in the building or part of the building, or in relative value (Crelat).
The final energy consumption levels for the 2030 deadline, in absolute values, are set by category by decree.
A 4th decree (known as absolute values IV) will concern the following categories: industrial laundries, hospitals, penitentiary establishments, medical-social establishments, judicial protection of youth, private healthcare practices, sports facilities, parking facilities, and courts.
An absolute values V decree is expected to cover, in particular, culture and media.
The values for Guyana, Guadeloupe, Martinique, Mayotte, and Reunion are also awaiting definition by decree.
Conclusion
HSEE regulations are constantly evolving and expanding. In 2023, the regulatory landscape saw many significant changes across environment, energy, and safety. Our consultants detailed these developments in dedicated webinars:
- HSE Webinar: Environment - HSE Regulatory (hse-reglementaire.com)
- HSE Webinar: Energy - HSE Regulatory - https://hse-reglementaire.com/
- HSE Webinar: Safety - HSE Regulatory - https://hse-reglementaire.com/
It's a safe bet that this will also be the case in 2024.
Companies must therefore remain particularly vigilant to identify in their regulatory watch the relevant changes and be able to meet their obligations.