February 2020 HSE and Energy Regulatory Watch

In February 2020, the Official Journals published new texts and amendments, notably the anti-waste law, the decree on decentralization, and the BAT for waste.

Marie Faucon
Consultante HSE
Publication : 
06.03.2020
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

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The list below is an excerpt from the texts published in the French and European official journals concerning environment, energy, and occupational health and safety for February 2020.

New Texts

Order of December 17, 2019, relating to best available techniques (BAT) applicable to certain installations for waste treatment subject to the authorization regime and the IED Directive [JORF of February 21, 2020]

Order of February 10, 2020, prohibiting the placing on the market and recalling of air compressors [JORF of February 20, 2020]

Implementing Decision 2020/248 of February 21, 2020, laying down technical guidance for inspections provided for in Article 17 of Directive 2006/21/EC [OJEU of February 25, 2020]

Order of February 5, 2020, issued pursuant to Article L. 111-18-1 of the Town Planning Code [JORF of February 29, 2020]

Amended Texts

Law No. 2020-105 of February 10, 2020, on combating waste and promoting the circular economy [JORF of February 11, 2020] AMENDS:

  • Environmental Code Articles L. 541-1 to L. 541-50: Waste prevention and management
  • Environmental Code Articles L. 110-1 to L. 110-3: General principles
  • Construction and Housing Code Articles L. 111-9 to L. 111-10-4: Energy and environmental performance and energy and environmental characteristics
  • Environmental Code Articles L. 210-1 to L. 211-14: General regime and resource management
  • Environmental Code Articles L. 131-1 to L. 131-17: Institutions involved in environmental protection
  • Customs Code Articles 266 sexies to 266 quindecies: Taxes - TGAP
  • Environmental Code Articles L. 160-1 to L. 165-2 - Prevention and remediation of certain environmental damage
  • General Code for Local Authorities Articles L. 2224-7 to L. 2224-12-5: Water and sanitation

Order of May 15, 2006 concerning the conditions for delimiting and marking monitored and controlled zones and specially regulated or prohibited zones due to exposure to ionizing radiation, as well as the hygiene, safety, and maintenance rules imposed therein AMENDED BY the Order of January 28, 2020 [Official Journal of February 1, 2020]

Order of February 2, 1998 concerning water withdrawals and consumption, as well as all types of emissions from installations classified for environmental protection subject to authorization AMENDED BY the Order of December 17, 2019 concerning Best Available Techniques (BAT) applicable to certain waste treatment installations subject to the authorization regime and the IED Directive [Official Journal of February 21, 2020]

Order of January 31, 2008 concerning the register and annual declaration of pollutant emissions and transfers and waste AMENDED BY the Order of January 10, 2020 [Official Journal of February 21, 2020]

Decree No. 2020-88 of February 5, 2020 concerning the decentralization of individual administrative decisions and the simplification of procedures in the fields of labor and employment [Official Journal of February 6, 2020] AMENDS:

  • Labor Code Articles R. 4543-1 to R. 4543-28: Interventions on lifting equipment and permanently installed equipment
  • Labor Code - Articles R. 4535-1 to R. 4535-12: Provisions applicable to self-employed workers (building and civil engineering)
  • Labor Code Articles R. 4722-1 to R. 4722-30: Requests for verifications, analyses, and measurements
  • Labor Code Articles R. 4724-1 to R. 4724-19: Measurement and verification bodies

Regulation No. 1907/2006 of December 18, 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) AMENDED BY Commission Regulation 2020/171 of February 6, 2020 amending Annex XIV [Official Journal of the European Union of February 7, 2020]

Regulation (EC) No. 1272/2008 of the European Parliament and of the Council of December 16, 2008 concerning the classification, labelling and packaging of substances and mixtures AMENDED BY Regulation 2020/217 of October 4, 2019 [Official Journal of the European Union of February 18, 2020]

Order of January 24, 2014 establishing the list of operators to whom greenhouse gas emission allowances are allocated and the amount of allowances allocated free of charge for the period 2013-2020 AMENDED BY the Order of February 19, 2020 [Official Journal of February 22, 2020]

Order of February 11, 2020 [Official Journal of February 20, 2020] AMENDS:

  • Order of September 4, 2014 establishing the list of elements for an energy savings certificate application and the documents to be archived by the applicant
  • Order of December 29, 2014 concerning the implementation procedures for the energy savings certificate scheme

Order of February 10, 2020 concerning the decentralization of individual decisions regarding the approval of persons or bodies authorized to carry out surveys and controls relating to the lighting of workplaces and the ventilation and sanitation of work premises [Official Journal of February 19, 2020] AMENDS:

  • Order of October 23, 1984 concerning photometric surveys in workplaces and the approval conditions for persons and bodies authorized to carry out these controls
  • Order of October 9, 1987, concerning the control of ventilation and sanitation in workplaces that may be prescribed by the labor inspector

Order of April 20, 2012, setting the conditions for the establishment, issuance, and validity of driving licenses MODIFIES the Order of February 18, 2020 [Official Journal of February 28, 2020]

Environmental Code Articles R. 555-30 to R. 555-36: Public utility easements - Declaration of public utility MODIFIED BY Decree No. 2020-124 of February 14, 2020, concerning the transfer of the Donges-Melun-Metz oil pipeline system [Official Journal of February 16, 2020]

Commercial Code Articles R. 225-104 to R. 225-105-2: Social and environmental information to be included in companies' annual reports MODIFIED BY Decree No. 2020-100 of February 7, 2020, setting the methods for calculating the employee headcount threshold in the Commercial Code [Official Journal of February 8, 2020]

Decree No. 2020-133 of February 18, 2020, containing various provisions concerning the protection of national defense interests [Official Journal of February 20, 2020] MODIFIES:

  • Defense Code Articles R. 2352-21 to R. 2352-121: Explosive products intended for civilian use
  • Defense Code Articles R. 2352-122 to R. 2352-125: Studies and research related to explosive products
  • Environmental Code Articles R. 123-1 to R. 123-46-2: Public participation in decisions affecting the environment
  • Environmental Code Articles R. 125-1 to R. 125-28 and Articles D. 125-29 to D. 125-34: Other information methods
  • Environmental Code Articles R. 181-1 to R. 181-56: Environmental authorization
  • Environmental Code Articles R. 214-1 to R. 214-60: Authorization or declaration procedures (Water and aquatic and marine environments)
  • Environmental Code Articles R. 217-1 to R. 217-10: National Defense (Water and aquatic and marine environments)
  • Environmental Code Articles R. 515-39 to R. 515-51: Installations subject to a technological risk prevention plan
  • Environmental Code Articles R. 517-1 to R. 517-8: Procedure for defense-related installations
  • Environmental Code Articles R. 521-3 to R. 521-71: Placing on the market and use of certain products and substances
  • Environmental Code Articles R. 532-32 to R. 532-34: Specific provisions relating to national defense
  • Environmental Code Articles R. 543-75 to R. 543-123: Refrigerant fluids used in thermodynamic equipment
  • Environmental Code Articles R. 554-40 to R. 554-61: Safety of hazardous transport and distribution pipelines

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