HSE and Energy Regulatory Watch for April 2025

In April 2025, several texts amended the rules on carbon quotas, battery EPR, occupational health, public access building safety, and occupational risk pricing.

Léa Soler
Consultante HSE
Publication : 
16.05.2025
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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 publications in the French and European official journals concerning environment, energy, and occupational health and safety for April 2025.

Environnement

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ENVIRONMENT

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Adjustment of Free Allowance Allocation

Commission Implementing Regulation (EU) 2019/1842 of 31 October 2019 laying down rules for applying Directive 2003/87/EC as regards further arrangements for the adjustments of free allocation of emission allowances due to activity level changes AMENDED BY Implementing Regulation 2025/772 of 16 April 2025 [OJEU of 22 April 2025]

To take into account the amendments introduced in Directive 2003/87/EC of 13 October 2003, known as the "EU ETS Directive", and Regulation 2019/331 of 19 December 2018, known as the "FAR Regulation", concerning the issuance of free allowances, this regulation clarifies and harmonises the rules and methods for the dynamic allocation of free emission allowances.

It notably provides clarifications regarding:

  • The suspension of free allowance issuance;
  • The procedures for recovering the full free allowance allocation for operators whose allocation is conditional on the implementation of recommendations from energy audits and energy management systems;
  • The procedural steps for conditionality rules concerning climate neutrality plans;
  • The adjustment of the quantity of allowances allocated and the calculation of the activity level for certain benchmarks;
  • Cessation of activity.

Specifications for Individual Schemes, Eco-organisations, and Coordinating Bodies in the Battery Extended Producer Responsibility (EPR) Sector

Order of 27 March 2025 setting out the specifications for eco-organisations, individual schemes, and coordinating bodies of the extended producer responsibility battery sector [Official Journal of the French Republic of 13 April 2025]

To fulfill their obligations under the EPR principle, battery producers must establish an approved individual scheme or join an approved eco-organisation. This order sets out the procedures for establishing an individual scheme or joining an eco-organisation for the battery EPR sector, as well as the content of the specifications for this sector.

Sécurité

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SAFETY

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Changes to worker health monitoring for tasks requiring a driving permit and/or electrical authorization

Labor Code Articles R. 4323-1 to R.4323-110: Organizational measures and conditions for the use of work equipment and personal protective equipment AND Labor Code Articles R. 4544-1 to R. 4544-11-2: Operations on electrical installations or in their vicinity MODIFIED BY Decree No. 2025-355 of April 18, 2025, concerning the individual health monitoring of workers, as well as driving permits and authorizations for certain operations provided for in Articles R. 4323-56 and R. 4544-9 of the Labor Code [Official Journal of April 19, 2025]

Effective from the 1st October 2025, this decree removes from the list of workers subject to reinforced individual health monitoring (SIR) those workers requiring a driving permit and/or electrical authorization.

Instead, the employer's issuance of a driving permit and/or electrical authorization, solely for live work or operations near exposed live parts, will be contingent upon the worker providing a medical certificate from the occupational physician confirming the absence of medical contraindications. The decree specifies the terms of issuance, validity, and transmission of this certificate. A ministerial order is expected to establish the model for this certificate.

Pricing of occupational accident and professional illness risks for the year 2025

Ministerial Order of April 29, 2025, concerning the pricing of occupational accident and professional illness risks for the year 2025 [Official Journal of April 30, 2025]

This ministerial order sets the pricing for occupational accident and professional illness risks for the year 2025. It includes 3 appendices:

  • Appendix 1: Collective net rates applicable in 2025;
  • Appendix 2: 2025 scales for average costs of temporary and permanent disability;
  • Appendix 3: Collective net rates applicable in 2025 in the departments of Haut-Rhin, Bas-Rhin, and Moselle.

Amendments concerning solid fuel heating installations in Public Access Buildings (ERP)

Decree of June 25, 1980, approving the general provisions of the safety regulations against fire and panic risks in public access buildings, AMENDED BY decree of April 1, 2025 [Official Journal of April 9, 2025]

As part of fire and panic risk prevention in Public Access Buildings, the decree of April 1, 2025, amends the provisions applicable to solid fuel heating installations, whether located inside or outside Public Access Buildings, and to premises containing such fuels. The following points are addressed:

  • Clarifications of the scope of application;
  • Construction provisions for premises housing combustion appliances with a total useful output >30kW and ≤70kW;
  • Use and storage of solid fuels;
  • Installation conditions for open or closed hearth fireplaces (inserts) and ethanol-fueled appliances.

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