HSE and Energy Regulatory Watch for April 2022

Discover the key texts published in April 2022: energy (biogas, gas load shedding, EECs), environment (ICPE, coastal areas, waste), and occupational health and safety.

Marie Faucon
Consultante HSE
Publication : 
12.05.2022
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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 of publications in the French and European official journals concerning environment, energy, and occupational health and safety for April 2022.

New Texts

Energy Code Articles R. 434-1 to R. 434-7: Natural gas consumption load shedding ESTABLISHED BY Decree No. 2022-495 of April 7, 2022, concerning natural gas consumption load shedding and amending the Energy Code [JORF of April 8, 2022]

Order of March 25, 2022, concerning the creation of programs within the framework of the energy savings certificate scheme [JORF of April 7, 2022]

Energy Code Articles R. 446-96 to R. 446-130: Biogas production certificates ESTABLISHED BY Decree No. 2022-640 of April 25, 2022, concerning the biogas production certificate scheme [JORF of April 26, 2022]

Mining Code Articles L. 145-1 to L. 145-2: Specific provisions for geothermal deposits containing mining substances ESTABLISHED BY Ordinance No. 2022-536 of April 13, 2022, amending the mining model and the legal regimes under the Mining Code [JORF of April 14, 2022]

Order of April 26, 2022, concerning the classification of heating and cooling networks [JORF of April 27, 2022]

Commission Implementing Decision 2022/679 of January 19, 2022, establishing a watch list of substances and compounds of concern for water intended for human consumption pursuant to Directive 2020/2184 of the European Parliament and of the Council [OJEU of April 27, 2022]

Labor Code Article D.4625-34-1: Workers from external companies ESTABLISHED BY Decree No. 2022-681 of April 26, 2022, concerning the procedures for preventing occupational risks and monitoring the occupational health of self-employed workers, employees of external companies, and temporary agency workers [JORF of April 27, 2022]

Order of April 26, 2022, establishing the list of documents subject to the obligation provided for in Article L. 1111-15 of the Public Health Code [JORF of April 30, 2022]

Decree No. 2022-653 of April 25, 2022, concerning the approval of the list and procedures for the core set of services provided by inter-company occupational prevention and health services [JORF of April 26, 2022]

Amended Texts

Order of February 28, 2022 [JORF of April 3, 2022] AMENDS:

  • Order of October 4, 2010, concerning the prevention of accidental risks within classified facilities for environmental protection subject to authorization
  • Order of May 26, 2014, concerning the prevention of major accidents in classified facilities referred to in Section 9, Chapter V, Title I of Book V of the Environmental Code
  • Order of February 5, 2020, issued pursuant to Article L. 111-18-1 of the Town Planning Code

Order of February 2, 1998, concerning water withdrawals and consumption, as well as emissions of all kinds from classified facilities for environmental protection subject to authorization AMENDED BY Order of February 28, 2022, amending the Order of February 2, 1998 [JORF of April 3, 2022]

Order of April 10, 2020, concerning obligations for actions to reduce final energy consumption in tertiary sector buildings AMENDED BY Order of April 13, 2022, amending the Order of April 10, 2020, concerning obligations for actions to reduce final energy consumption in tertiary sector buildings [JORF of April 24, 2022]

Public Health Code Articles R. 4311-1 to D. 4311-15-2: Professional Acts (nursing profession) MODIFIED BY Decree No. 2022-610 of April 21, 2022, concerning the vaccination competencies of nurses and community pharmacists [JORF of April 23, 2022]

Labor Code Articles R. 4623-1 to R. 4623-40: Personnel contributing to occupational health services MODIFIED BY Decree No. 2022-679 of April 26, 2022, concerning the delegation of duties by occupational physicians, occupational health nurses, and occupational telehealth [JORF of April 27, 2022]

Labor Code Articles R. 4624-1 to R. 4624-58: Actions and resources of multidisciplinary occupational health team members MODIFIED BY Decree No. 2022-679 of April 26, 2022, concerning the delegation of duties by occupational physicians, occupational health nurses, and occupational telehealth [JORF of April 27, 2022]

Rural and Maritime Fishing Code Articles R. 717 to R. 717-73: Occupational Health and Safety MODIFIED BY Decree No. 2022-679 of April 26, 2022, concerning the delegation of duties by occupational physicians, occupational health nurses, and occupational telehealth [JORF of April 27, 2022]

Labor Code Articles D. 4622-1 to D. 4622-57: Missions and organization of occupational health services MODIFIED BY Decree No. 2022-681 of April 26, 2022, concerning the modalities for preventing occupational risks and monitoring the occupational health of self-employed workers, employees of external companies, and temporary agency workers [JORF of April 27, 2022]

Order of November 24, 2003, concerning the packaging of infectious and similar healthcare waste and human anatomical parts MODIFIED BY the Order of April 4, 2022, amending the order of November 24, 2003, concerning the packaging of infectious and similar healthcare waste and human anatomical parts [JORF of April 8, 2022]

Environmental Code Articles R. 224-15 to D. 224-15-14: Purchase and use of low-emission road motor vehicles MODIFIED BY Decree No. 2022-474 of April 4, 2022, issued for the application of Article 114 of Law No. 2021-1104 of August 22, 2021, on combating climate change and strengthening resilience to its effects [JORF of April 5, 2022]

Order of December 29, 2014, concerning the modalities for applying the energy savings certificate scheme MODIFIED BY Order of March 24, 2022, amending the order of December 29, 2014, concerning the modalities for applying the energy savings certificate scheme [JORF of April 6, 2022]

Environmental Code Articles L. 561-1 to L. 566-13: Prevention of natural risks MODIFIED BY Ordinance No. 2022-489 of April 6, 2022, concerning the sustainable development of coastal territories exposed to shoreline retreat [JORF of April 7, 2022]

Environmental Code Articles D. 541-310 to R. 541-351: Fight for reuse and against waste MODIFIED BY Decree No. 2022-507 of April 8, 2022, concerning the minimum proportion of reused packaging to be placed on the market annually [JORF of April 9, 2022]

Order of March 11, 2010, setting out the accreditation procedures for laboratories or organizations for certain types of sampling and analysis of atmospheric substance emissions MODIFIED BY the Order of March 29, 2022 [JORF of April 10, 2022]

General Code of Local Authorities Articles D. 2224-5-1 to R. 2224-22-6: Water and sanitation MODIFIED BY Decree No. 2022-521 of April 11, 2022, setting the deadline mentioned in II of Article L. 2224-8 of the General Code of Local Authorities for the submission of the report established after the connection inspection of a building to the public sanitation network carried out at the request of the owner or the co-owners' association [JORF of April 12, 2022]

Decree No. 2022-640 of April 25, 2022, concerning the biogas production certificate scheme [JORF of April 26, 2022] MODIFIES:

  • Energy Code Articles R. 446-1: Conditions for the sale of biomethane
  • Energy Code Articles R. 446-2 to R. 446-12-19: The purchase obligation
  • Energy Code Articles R. 446-15 to R. 446-16-20: Monitoring and control of installations benefiting from a support scheme or the biogas production certificate scheme

Order of April 6, 2022, amending the orders issued in application of Articles R. 122-22 to R. 122-25 and R. 172-1 to R. 172-9 of the Construction and Housing Code [JORF of April 14, 2022] MODIFIES:

  • Order of August 4, 2021, concerning the energy and environmental performance requirements for building constructions in mainland France and approving the calculation method provided for in Article R. 172-6 of the Construction and Housing Code
  • Order of December 9, 2021, concerning certificates of compliance with energy and environmental performance requirements and the completion of a feasibility study on various energy supply solutions for building constructions in mainland France, and amending the order of October 11, 2011, concerning certificates of compliance with thermal regulations and the completion of a feasibility study on energy supplies for new buildings or new parts of buildings
  • Order of October 11, 2011, concerning certificates of compliance with thermal regulations and the completion of a feasibility study on energy supplies for new buildings or new parts of buildings

Ordinance No. 2022-534 of April 13, 2022 concerning environmental authorization for mining operations [Official Journal of April 14, 2022] AMENDS:

  • Environmental Code Articles L. 181-1 to L. 181-32: Environmental Authorization
  • Mining Code Articles L. 162-1 to L. 162-12: Mining Operations – Commencement of Operations
  • Mining Code Articles L. 163-1 to L. 163-12: Mining Operations – Cessation of Operations
  • Mining Code Articles L. 164-1 to L. 164-2: Specific Provisions for Geothermal Deposits

Ordinance No. 2022-536 of April 13, 2022 amending the mining model and legal regimes under the Mining Code [Official Journal of April 14, 2022] AMENDS:

  • Mining Code Articles L. 100-1 to L. 111-12-1=> 14: Scope of Application Deposits containing mineral substances
  • Mining Code Articles L. 113-1 to L. 113-5: National Policy on Subsurface Resources and Uses for Sustainable Mining Management
  • Mining Code Articles L. 114-1 to L. 114-6: Principles Governing the French Mining Model
  • Mining Code Articles L. 121-1 to L. 121-8: Exploration – General Provisions
  • Mining Code Articles L. 122-1 to L. 122-5 => 4: Exclusive Exploration Permit
  • Mining Code Articles L. 124-1 to L. 125-1: Exploration for Geothermal Deposits
  • Mining Code Articles L. 132-1 to L. 132-18: Concessions
  • Mining Code Articles L. 134-1 to L. 134-14: Exploitation of Geothermal Deposits
  • Mining Code Article L. 142-1: Project Development Phase
  • Environmental Code Articles L. 123-1 to L. 123-19-11: Public Participation in Decisions Affecting the Environment
  • Mining Code Articles L. 141-1 to L. 141-4: Merger of Contiguous Exclusive Exploration Permits

Decree No. 2022-666 of April 26, 2022 concerning the classification of heating and cooling networks [Official Journal of April 14, 2022] AMENDS:

  • Energy Code Articles R. 711-1 to R. 712-12: Heat Production and Classification of Heating and Cooling Networks
  • Urban Planning Code Articles R. 111-1 to R. 111-30: National Urban Planning Regulations
  • Town Planning Code Articles R.* 431-4 to R.* 431-34-1: Building permit application file

Order of March 30, 2022 amending the orders of December 28, 2017 and December 31, 2018 issued for the application of Articles 266 sexies and 266 nonies of the Customs Code [Official Journal of April 16, 2022] AMENDS:

  • Order of December 28, 2017 issued for the application of Articles 266 sexies and 266 nonies of the Customs Code
  • Order of December 31, 2018 issued for the application of Articles 266 sexies and 266 nonies of the Customs Code

Order of December 29, 2020 setting the terms and conditions for publishing the percentage of low and very low emission vehicles included in fleet renewal AMENDED BY the Order of April 5, 2022 setting the terms and conditions for publishing the percentage of cycles, including pedal-assisted cycles, or two or three-wheeled motor vehicles with very low emissions among vehicles made available by platforms referred to in Article L. 224-11-1 of the Environmental Code [Official Journal of April 16, 2022]

Decree No. 2022-563 of April 15, 2022 amending various provisions of the Environmental Code relating to classified facilities for environmental protection [Official Journal of April 17, 2022] AMENDS:

  • Environmental Code Articles R. 516-1 to R. 516-6: Financial provisions
  • Environmental Code Articles R. 515-9 to R. 515-23: Underground storage of hazardous products

Energy Code Articles D. 446-17 to D. 446-44: Guarantees of origin for biogas injected into natural gas networks AMENDED BY:

  • Decree No. 2022-496 of April 7, 2022 relating to the use of biogas guarantees of origin with natural gas not transported through a natural gas network [Official Journal of April 8, 2022]
  • Decree No. 2022-640 of April 25, 2022 relating to the biogas production certificate scheme [Official Journal of April 26, 2022]

Energy Code Articles R. 446-45 to R. 446-79: The experimental contract AMENDED BY Decree No. 2022-640 of April 25, 2022 relating to the biogas production certificate scheme [Official Journal of April 26, 2022]

Energy Code Articles R. 314-1 to R. 314-52-11: Support schemes for renewable energies and natural gas cogeneration AMENDED BY:

  • Decree No. 2022-574 of April 19, 2022 amending eligibility for remuneration supplements and the purchase obligation [Official Journal of April 21, 2022]
  • Decree No. 2022-707 of April 27, 2022 amending the conditions for paying remuneration supplements to electricity producers using wind mechanical energy [Official Journal of April 28, 2022]

Order of August 23, 2011 establishing, pursuant to Article R. 1335-8-1 of the Public Health Code, the list of pathologies leading to the production of sharps infectious healthcare waste by self-treating patients AMENDED BY the Order of April 22, 2022 [Official Journal of April 26, 2022]

Regulation No. 1418/2007 of November 29, 2007 concerning the export of certain waste destined for recovery AMENDED BY Commission Regulation 2022/520 of March 31, 2022 [Official Journal of the European Union of April 1, 2022]

Order of April 23, 2018 relating to the marking of obstacles to air navigation AMENDED BY the Order of March 29, 2022 amending the order of April 23, 2018 relating to the marking of obstacles to air navigation [Official Journal of April 10, 2022]

Order of December 9, 2020 establishing and organizing the industrial risk investigation and analysis office REPEALED BY the Order of April 19, 2022 repealing the order of December 9, 2020 establishing and organizing the industrial risk investigation and analysis office [Official Journal of April 24, 2022]

Order of December 22, 2015 issued pursuant to Article L. 321-19 of the Energy Code REPEALED BY the Order of March 30, 2022 repealing the order of December 22, 2015 issued pursuant to Article L. 321-19 of the Energy Code, relating to the volume of interruptible capacities to be contracted by the public transmission system operator [Official Journal of April 1, 2022]

French Labor Code Articles R. 4313-1 to R. 4313-95 R. 4313-89: Conformity certification procedures AMENDED BY Decree No. 2022-624 of April 22, 2022, concerning the National Agency for the Improvement of Working Conditions and the market surveillance of work equipment and personal protective equipment [Official Journal of the French Republic of April 24, 2022]

French Labor Code Articles R. 2312-1 to R. 2312-28: Responsibilities of the Social and Economic Committee AMENDED BY Decree No. 2022-678 of April 26, 2022, concerning environmental indicators to be included in the economic, social, and environmental database (BDESE) and economic, social, environmental, and trade union training [Official Journal of the French Republic of April 27, 2022]

Order of July 31, 2012, concerning the organization of medical fitness to drive examinations AMENDED BY:

  • Order of March 28, 2022, establishing the list of medical conditions incompatible or compatible with or without adaptations or restrictions for obtaining, renewing, or maintaining a driving license, or that may lead to the issuance of driving licenses with limited validity (recast) [Official Journal of the French Republic of April 3, 2022]
  • Order of March 28, 2022, amending the Order of July 31, 2012, concerning the organization of medical fitness to drive examinations [Official Journal of the French Republic of April 3, 2022]

Regulation (EC) No 1907/2006 of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) AMENDED BY Commission Regulation (EU) 2022/586 of 8 April 2022 [Official Journal of the European Union of April 11, 2022]

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