HSE and Energy Regulatory Watch for December 2022

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The list below is an excerpt from publications in French and European official journals concerning environment, energy, and occupational health and safety from December 2022.

New texts

Decree No. 2022-1712 of 29 December 2022 concerning the approval of the resolution of the national committee for occupational prevention and health of the steering council for working conditions, setting out the terms for implementing the prevention passport and making it available to the employer [JORF of 30 December 2022]

Implementing Decision 2022/2427 of 6 December 2022 establishing conclusions on best available techniques (BAT) for common waste gas management and treatment systems in the chemical sector [OJEU of 12 December 2022]

Commission Implementing Decision 2022/2508 of 9 December 2022 establishing conclusions on best available techniques (BAT) for the textile industry [OJEU of 20 December 2022]

Order of 26 December 2022 concerning the setting of rates for occupational accident and professional disease risks for the year 2023 [JORF of 28 December 2022]

Order of 26 December 2022 concerning the setting of rates for occupational accident and professional disease risks in mining and related operations for the year 2023 [JORF of 28 December 2022]

Order of 26 December 2022 setting the amount of surcharges provided for in Article D. 242-6-9 of the Social Security Code for the year 2023 [JORF of 28 December 2022]

Order of 30 November 2022 concerning the classification of heating and cooling networks [JORF of 10 December 2022]

Energy Code Articles D. 321-23 to D. 321-33: Obligations under the adjustment mechanism ESTABLISHED BY Decree No. 2022-1539 of 8 December 2022 concerning emergency measures defined pursuant to Articles L. 321-17-1 and L. 321-17-2 of the Energy Code [JORF of 9 December 2022]

Order of 30 December 2022 concerning the risk assessment related to indoor water distribution systems for human consumption [JORF of 31 December 2022]

Order of 30 December 2022 concerning the testing and analysis program to be carried out as part of the monitoring performed by the person responsible for water production or distribution, and the conditions that laboratories carrying out this program must meet, pursuant to Articles R. 1321-23 and R. 1321-24 of the Public Health Code [JORF of 31 December 2022]

Order of 30 December 2022 concerning the conditions that laboratories carrying out sampling and monitoring analyses of packaged waters and natural mineral waters used for therapeutic purposes in a thermal establishment or distributed in public drinking fountains must meet [JORF of 31 December 2022]

Order of 21 December 2022 approving competent bodies for training in live working on electrical installations [JORF of 30 December 2022]

Order of 28 December 2022 setting the price of the carbon quota used in calculating the advance granted for 2023 to companies exposed to a significant risk of carbon leakage due to the costs of the greenhouse gas emission allowance trading system passed on to electricity prices, as well as the coefficient for decarbonized electricity in national production [JORF of 29 December 2022]

Order of 20 December 2022 concerning the management procedures and publication of information regarding aid for companies exposed to a significant risk of carbon leakage due to the costs of the greenhouse gas emission allowance trading system passed on to electricity prices [JORF of 21 December 2022]

Order of 16 December 2022 approving laboratories or organizations to carry out certain types of sampling and analyses for atmospheric emissions of substances [JORF of 24 December 2022]

Order of 29 November 2022 establishing the list of approved soil analysis laboratories for the year 2023 [JORF of 6 December 2022]

Order of 21 December 2022 setting for the year 2022 the amount of account maintenance fees for quota holders as provided for in Article R. 229-36 of the Environmental Code [JORF of 31 December 2022]

Order of 20 December 2022 concerning the online service dedicated to the completion of procedures relating to shallow geothermal energy [JORF of 24 December 2022]

Order of 17 December 2022 concerning the creation of a program under the energy savings certificates scheme [JORF of 24 December 2022]

Order of 12 December 2022 concerning data for extended producer responsibility (EPR) schemes [JORF of 14 December 2022]

Notice concerning the scope of the extended producer responsibility scheme for plastic-containing fishing gear [JORF of 1 December 2022]

Notice concerning the scope of the extended producer responsibility scheme for construction products and materials from the building sector [JORF of 10 December 2022]

Order of 23 November 2022 establishing the specifications for eco-organizations and individual schemes within the extended producer responsibility scheme for tobacco products [JORF of 9 December 2022]

Order of 8 December 2022 setting the fee provided for in Article R. 541-171 of the Environmental Code for inter-scheme communication actions for extended producer responsibility [JORF of 18 December 2022]

Order of 27 December 2022 setting the conditions for carrying out direct-reading measurements of indoor carbon dioxide concentration for the annual assessment of ventilation systems [JORF of 29 December 2022]

Order of 23 December 2022 issued pursuant to Article R. 171-13 of the Construction and Housing Code and concerning the methods for calculating greenhouse gas emission levels for hybrid heat pumps [JORF of 29 December 2022]

Environmental Code Articles R. 163-1-A: General Provisions ESTABLISHED BY Decree No. 2022-1673 of 27 December 2022 containing various provisions relating to the environmental assessment of development actions or operations and to compensation measures for project impacts on the environment [JORF of 28 December 2022]

Order of 9 December 2022 issued pursuant to Decree No. 2022-1547 of 9 December 2022 provided for by Article L. 542-1-2 of the Environmental Code and establishing the requirements of the national plan for the management of radioactive materials and waste [JORF of 10 December 2022]

Directive 2022/2561 of 14 December 2022 concerning the initial qualification and periodic training of drivers of certain road vehicles used for the carriage of goods or passengers [OJEU of 23 December 2022]

Amended texts

Order of 8 December 2022 amending several ministerial orders concerning combustion installations [JORF of 23 December 2022] AMENDED :

• Order of August 3, 2018, concerning the general requirements applicable to installations classified for environmental protection and subject to declaration under heading 2910
• Order of August 3, 2018, concerning the general requirements applicable to combustion appliances consuming biogas produced by methanization installations classified under heading no. 2781-1, included in a combustion installation classified for environmental protection and subject to declaration under heading no. 2910
• Order of August 3, 2018, concerning the general requirements applicable to installations subject to the registration regime under heading 2910 of the nomenclature of installations classified for environmental protection
• Order of August 3, 2018, concerning combustion installations with a total rated thermal input of less than 50 MW, subject to authorization under headings 2910, 2931, or 3110

Labor Code Articles R. 4623-1 to R. 4623-40: Personnel contributing to occupational health services AMENDED BY Decree No. 2022-1664 of December 27, 2022, concerning the specific training of occupational health nurses [Official Journal of December 28, 2022]

Rural and Maritime Fishing Code Articles R. 717 to R. 717-73: Occupational Health and Safety AMENDED BY :

• Decree No. 2022-1510 of November 30, 2022, concerning the standards and principles guiding the development of the specifications for the certification of occupational health services in agriculture [Official Journal of December 3, 2022]
• Decree No. 2022-1664 of December 27, 2022, concerning the specific training of occupational health nurses [Official Journal of December 28, 2022]
• Decree No. 2022-1752 of December 28, 2022, concerning the approval and activity reports of occupational health services in agriculture [Official Journal of December 31, 2022]

Decree No. 2022-1588 of December 19, 2022, concerning the definition of types of uses in the management of polluted sites and soils [Official Journal of December 20, 2022] AMENDED :

• Environmental Code Articles R. 556-1 to R. 556-5: Polluted Sites and Soils
• Environmental Code Articles R. 181-1 to D. 181-57: Environmental Authorization
• Environmental Code Articles R. 512-1 to R. 512-45: Installations Subject to Authorization
• Environmental Code Articles R. 512-46-1 to R. 512-46-30: Installations Subject to Registration
• Environmental Code Articles R. 512-47 to R. 512-66-3: Installations Subject to Declaration
• Environmental Code Articles R. 512-68 to R. 512-81: Common Provisions for Authorization, Registration, and Declaration

Decree No. 2022-1575 of December 16, 2022 amending Decree No. 2022-967 of July 1, 2022 establishing aid aimed at compensating for the increase in natural gas and electricity supply costs for businesses particularly affected by the economic and financial consequences of the war in Ukraine AMENDED BY Decree No. 2022-1575 of December 16, 2022 [Official Journal of December 17, 2022]

Labor Code Articles D. 4622-1 to D. 4622-57: Missions and Organization of Occupational Health Services AMENDED BY Decree No. 2022-1749 of December 30, 2022 relating to the financing of inter-company occupational prevention and health services [Official Journal of December 31, 2022]

Order of May 29, 2009 relating to the transport of dangerous goods by land (known as the "TMD Order") AMENDED BY Order of December 19, 2022 [Official Journal of December 24, 2022]

Decree No. 2022-1495 of November 24, 2022 relating to the management of end-of-life vehicles and the extended producer responsibility for passenger cars, vans, two or three-wheeled motor vehicles, and quadricycles [Official Journal of December 1, 2022] AMENDS :

• Environmental Code Articles R. 543-153 to R. 543-166-2: Passenger Cars, Vans, Two or Three-Wheeled Motor Vehicles, and Quadricycles
• Environmental Code Articles R. 516-1 to R. 516-6: Financial Provisions
• Environmental Code Articles R. 541-13 to R. 541-41-28: Waste Prevention and Management Plans
• Environmental Code Articles R. 541-42 to R. 541-48-4: Waste Treatment
• Environmental Code Articles R. 541-49 to R. 541-61-2: Waste collection, transport, trading, and brokerage
• Highway Code Article R. 322-9: Destruction of an end-of-life vehicle

Construction and Housing Code Articles R. 172-1 to R. 172-13: Building construction AMENDED BY Decree No. 2022-1516 of December 3, 2022, on energy and environmental performance requirements for temporary constructions [JORF of December 4, 2022]

Labor Code Articles R. 4412-1 to R. 4412-160: Chemical risk prevention measures AMENDED BY Decree No. 2022-1748 of December 30, 2022, on the digital entry and transmission platform for asbestos demolition, removal, or encapsulation plans, named "DEMAT@MIANTE" [JORF of December 31, 2022]

Energy Code Articles R. 122-14 to R. 122-31 Aid for companies exposed to a significant risk of carbon leakage due to the costs of the greenhouse gas emission allowance trading system passed on to electricity prices AMENDED BY Decree No. 2022-1591 of December 20, 2022, on aid for companies exposed to a significant risk of carbon leakage due to the costs of the greenhouse gas emission allowance trading system passed on to electricity prices [JORF of December 21, 2022]

Energy Code Articles D. 446-17 to D. 446-44: Guarantees of origin for biogas injected into natural gas networks AMENDED BY Decree No. 2022-1540 of December 8, 2022, on guarantees of origin for biogas injected into natural gas networks [JORF of December 9, 2022]

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 AMENDED BY:

• Order of December 2, 2022, creating a bonus for standardized operation sheets related to carpooling within the framework of the energy savings certificate scheme [JORF of December 13, 2022]
• Order of December 20, 2022 [JORF of December 24, 2022]

Environmental Code Articles D. 542-74 to D. 542-99: National plan for the management of radioactive materials and waste AMENDED BY Decree No. 2022-1547 of December 9, 2022, provided for by Article L. 542-1-2 of the Environmental Code and establishing the requirements of the national plan for the management of radioactive materials and waste [Official Journal of December 10, 2022]

Environmental Code Articles R. 123-1 to R. 123-46-2: Public participation in decisions affecting the environment AMENDED BY Decree No. 2022-1546 of December 8, 2022, concerning the compensation of inquiry commissioners [Official Journal of December 10, 2022]

Order of February 1, 2010, concerning the monitoring of Legionella in domestic hot water production, storage, and distribution systems AMENDED BY the Order of December 30, 2022 [Official Journal of December 31, 2022]

Order of April 20, 2012, setting the conditions for the establishment, issuance, and validity of driving licenses AMENDED BY the Order of November 17, 2022 [Official Journal of December 3, 2022]

Social Security Code Articles D. 242-6 to D. 242-6-24: Occupational accident and disease insurance AMENDED BY Decree No. 2022-1644 of December 23, 2022, amending Decree No. 2017-337 of March 14, 2017, modifying the rules for pricing occupational accidents and diseases under the general scheme [Official Journal of December 24, 2022]

Order of November 30, 2022, concerning the classification of district heating and cooling networks [Official Journal of December 10, 2022] AMENDS :

• Order of December 9, 2021, concerning the conduct of a feasibility study on various energy supply solutions for building construction in mainland France
• Order of December 18, 2007, concerning feasibility studies for energy supply for new buildings and new parts of buildings and for renovations of certain existing buildings in mainland France
• Order of December 9, 2021, concerning certificates of compliance with energy and environmental performance requirements and the conduct of a feasibility study on various energy supply solutions for building construction in mainland France
• Order of October 11, 2011, concerning certificates of compliance with thermal regulations and the conduct of a feasibility study on energy supply for new buildings or new parts of buildings

Order of December 22, 2022 concerning energy and environmental performance requirements for temporary or small-scale constructions [Official Journal of December 29, 2022] AMENDS :

• Order of December 9, 2021 concerning certificates of compliance with energy and environmental performance requirements and the completion of a feasibility study regarding various energy supply solutions for building constructions in metropolitan France
• Order of August 4, 2021 concerning energy and environmental performance requirements for building constructions in metropolitan France and approving the calculation method

Environmental Code Articles D. 541-310 to D. 541-364 D.541-372: Combating waste and promoting reuse AMENDED BY :

• Decree No. 2022-1565 of December 14, 2022 concerning the conditions and procedures for the application of Section IV of Article L. 541-15-10 of the Environmental Code [Official Journal of December 15, 2022]
• Decision No. 458440 of December 9, 2022 of the Council of State ruling in litigation [Official Journal of December 14, 2022]

Law No. 2022-1726 of December 30, 2022 on finance for 2023 [Official Journal of December 31, 2022] AMENDS :

• Customs Code Articles 266 sexies to 266 quindecies: Taxes - TGAP
• Energy Code Articles L. 511-1 to L. 511-14: General characteristics of hydraulic energy operating schemes
• Environmental Code Articles L. 515-1 to L. 515-26: Specific provisions for certain installations
• Transport Code Articles L. 5334-7 to L. 5334-11: Ship waste

Ordinance No. 2022-1611 of December 22, 2022 concerning access to and quality of water intended for human consumption [Official Journal of December 23, 2022] AMENDS :

• Public Health Code Articles L.1321-1 L. 1321-1 A to L.1321-10: Water and Food Safety
• General Code of Local Authorities Articles D. 2224-5-1 to R. 2224-22-6: Water and Sanitation
• Environmental Code Articles L. 210-1 to L. 211-14: General Framework and Resource Management
• Environmental Code Articles L. 212-1 to L. 212-11: Planning

Decree No. 2022-1720 of December 29, 2022, concerning the sanitary safety of water intended for human consumption [Official Journal of December 30, 2022] and Decree No. 2022-1721 of December 29, 2022, concerning the improvement of access conditions for all to water intended for human consumption [Official Journal of December 30, 2022] AMENDED :

• Public Health Code Articles R. 1321-1A to D. 1321-105: Potable Water
• General Code of Local Authorities Articles D. 2224-5-1 to R. 2224-22-6: Water and Sanitation

Order of January 11, 2007, concerning the quality limits and reference values for raw water and water intended for human consumption AMENDED BY the Order of December 30, 2022 [Official Journal of December 31, 2022]

Order of November 25, 2003, concerning the procedures for requesting derogations from the quality limits for water intended for human consumption, excluding natural mineral waters AMENDED BY the Order of December 30, 2022 [Official Journal of December 31, 2022]

Order of January 11, 2007, concerning the sampling and analysis program for sanitary control of water supplied by a distribution network AMENDED BY the Order of December 30, 2022 [Official Journal of December 31, 2022]

Order of January 11, 2007, concerning the sampling and analysis program for sanitary control of water used in a food business not originating from a public distribution system AMENDED BY Order of 30 December 2022 [JORF of 31 December 2022]

Order of 19 October 2017 relating to analytical methods used for water quality control MODIFIED BY Order of 30 December 2022 [JORF of 31 December 2022]

Order of 5 July 2016 relating to the conditions for laboratory approval for carrying out water quality control sampling and analyses MODIFIED BY Order of 30 December 2022 [JORF of 31 December 2022]

Order of 12 February 2007 relating to the conditions that must be met by laboratories carrying out water monitoring sampling and analyses MODIFIED BY Order of 30 December 2022 [JORF of 31 December 2022]

Order of 22 October 2013 relating to sanitary control and monitoring analyses of packaged water and natural mineral water used for therapeutic purposes in a spa establishment or distributed in public drinking establishments MODIFIED BY Order of 30 December 2022 [JORF of 31 December 2022]

Order of 10 December 2021 establishing the list of operators of installations subject to authorization for greenhouse gas emissions, as well as the amount of emission allowances allocated free of charge to operators of installations for which free emission allowances are allocated, for the period 2021-2025 MODIFIED BY Order of 14 December 2022 [JORF of 22 December 2022]

Order of 22 December 2015 relating to the competency assessment of persons involved in work near networks and amending various orders relating to the execution of work near networks MODIFIED BY Order of 21 October 2022 [JORF of 28 December 2022]

Environmental Code Articles R. 221-22 to D. 221-38: Indoor air quality MODIFIED BY Decree No. 2022-1689 of December 27, 2022, amending the Environmental Code regarding indoor air quality monitoring [Official Journal of December 29, 2022]

Decree No. 2012-14 of January 5, 2012, concerning the assessment of ventilation systems and the measurement of pollutants carried out as part of indoor air quality monitoring in certain public access buildings MODIFIED BY Decree No. 2022-1690 of December 27, 2022 [Official Journal of December 29, 2022]

Environmental Code Articles R. 122-1 to R. 122-15: Impact assessments for construction works and development projects MODIFIED BY Decree No. 2022-1673 of December 27, 2022, laying down various provisions relating to the environmental assessment of development actions or operations and to measures for offsetting the environmental impacts of projects [Official Journal of December 28, 2022]

Decree No. 2022-1655 of December 26, 2022, concerning the procedures for implementing risk identification, assessment, and management systems to detect fraudulent acquisition of energy savings certificates [Official Journal of December 27, 2022] AMENDS :

• Energy Code Articles R. 221-14 to R. 221-25: Issuance of energy savings certificates
• Energy Code Articles R. 221-26 to R. 221-31: National register of energy savings certificates

Environmental Code Articles R. 172-9 to R. 172-16: Investigation and reporting of offenses MODIFIED BY Decree No. 2022-1638 of December 22, 2022, concerning the regulation of the use of cameras and sensors on uncrewed aircraft for understanding natural phenomena and for the administrative policing of technological risks [Official Journal of December 24, 2022]

Energy Code - Articles R. 233-1 to D. 233-9: Energy performance in businesses MODIFIED BY Decree No. 2022-1591 of December 20, 2022, concerning aid for businesses exposed to a significant risk of carbon leakage due to the costs of the greenhouse gas emission allowance trading system passed on to electricity prices [Official Journal of December 21, 2022]

Order of December 29, 2014, relating to the procedures for implementing the energy savings certificate scheme MODIFIED BY :

• Order of December 2, 2022, establishing a bonus for standardized operation sheets related to carpooling under the energy savings certificate scheme [JORF of December 13, 2022]
• Order of December 12, 2022 [JORF of December 21, 2022]
• Order of December 20, 2022 [JORF of December 24, 2022]

Urban Planning Code Articles R.* 431-4 to R.* 431-34-1: Building permit application file MODIFIED BY :

• Decree No. 2022-1653 of December 23, 2022, implementing Article L. 152-5-1 of the Urban Planning Code concerning derogations from local urban plan rules granted for the installation of vegetation systems [JORF of December 27, 2022]
• Decree No. 2022-1688 of December 26, 2022, simplifying urban planning authorization procedures for ground-mounted solar power generation facility projects [JORF of December 29, 2022]

Order of September 28, 2021, relating to controls under the energy savings certificate scheme MODIFIED BY Order of December 20, 2022, amending certain provisions relating to controls under the energy savings certificate scheme [JORF of December 27, 2022]

Environmental Code Articles D. 163-1 to D. 163-9: Compensation for impacts on biodiversity MODIFIED BY Decree No. 2022-1673 of December 27, 2022, containing various provisions relating to the environmental assessment of development actions or operations and to measures for compensating project impacts on the environment [JORF of December 28, 2022]

Order of April 26, 2022, relating to the classification of district heating and cooling networks MODIFIED BY Order of December 23, 2022, relating to the classification of district heating and cooling networks [JORF of December 28, 2022]

Order of November 22, 2010, establishing the list of substances defined in Article L. 213-10-8 of the Environmental Code relating to the diffuse pollution charge MODIFIED BY Order of 22 December 2022 establishing the list of substances defined in Article L. 213-10-8 of the Environmental Code relating to the diffuse pollution charge [Official Journal of 29 December 2022]

Environmental Code Articles R. 411-1 to R. 411-21: Preservation of natural heritage MODIFIED BY Decree No. 2022-1758 of 30 December 2022 determining the conditions and procedures for establishing an information collection system on the accidental capture and killing of specimens of the species listed in Annex IV, point (a), of Council Directive 92/43/EEC of 21 May 1992 [Official Journal of 31 December 2022]

Environmental Code Articles R. 561-11 to D. 561-12-11: Fund for the prevention of major natural risks MODIFIED BY Decree No. 2022-1737 of 30 December 2022 relating to compensation for natural disasters [Official Journal of 31 December 2022]

Order of 12 December 2022 relating to data from extended producer responsibility (EPR) schemes [Official Journal of 14 December 2022] REPEALED :

• Order of 28 January 1999 relating to the conditions for the disposal of waste oils
• Order of 28 January 1999 relating to the conditions for the collection of waste oils
• Order of 30 June 2009 relating to the registration and declaration procedure in the national register for electrical and electronic equipment
• Order of 20 December 2017 relating to the procedure for registering and declaring data for the household packaging waste sector and the graphic paper sector
• Order of 6 March 2019 issued pursuant to Article R. 543-240 of the Environmental Code relating to the list of movable goods and their components and pursuant to Article R. 543-254 of the Environmental Code relating to the procedure for registering and declaring data for the waste furniture sector

Regulation 2019/1021 of 20 June 2019 on persistent organic pollutants MODIFIED BY :

• Regulation 2022/2400 of 23 November 2022 amending Annexes IV and V [Official Journal of the European Union of 9 December 2022]
• Corrigendum to Regulation 2022/2400 of 23 November 2022 [OJEU of 22 December 2022]

Transport Code Articles L. 1432-1 to L. 1432-14: Freight transport contracts AMENDED BY Decree No 2022-1586 of 16 December 2022 on the standard contract applicable to public road transport carried out under the exceptional transport regime and amending the Transport Code [JORF of 18 December 2022]

Regulation 2017/852 of 17 May 2017 on mercury AMENDED BY Delegated Regulation 2022/2526 of 23 September 2022 as regards the temporary storage of liquid mercury waste [OJEU of 22 December 2022]

Directive 2008/68/EC of 24 September 2008 on the inland transport of dangerous goods AMENDED BY Delegated Directive (EU) 2022/2407 of 20 September 2022 as regards adaptation to scientific and technical progress [OJEU of 9 December 2022]

Directive 2013/34/EU of 26 June 2013 on annual financial statements, consolidated financial statements and related reports of certain types of undertakings AMENDED BY Directive 2022/2464 of the European Parliament and of the Council of 14 December 2022 as regards corporate sustainability reporting [OJEU of 16 December 2022]