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The list below is an extract from publications in French and European official gazettes concerning environment, energy, and occupational health and safety for December 2023.
ENVIRONMENT
Integration of a shading system and rainwater management in parking lots
Urban Planning Code Articles R. 111-1 to R. 111-30 D. 111-55: National Urban Planning Regulations AMENDED BY Decree No. 2023-1208 of December 18, 2023 implementing Article L. 171-4 of the Construction and Housing Code and Article L. 111-19-1 of the Urban Planning Code [Official Journal of December 20, 2023]
As a reminder, Law No. 2021-1104 of August 22, 2021 (known as "Climate and Resilience") introduced, into the Construction and Housing Code and the Urban Planning Code, two types of obligations concerning parking lots larger than 500 m² associated with certain types of buildings:
- To provide a shading system over at least half of the parking lot's surface area
- To provide rainwater management systems over at least half of the parking lot's ground surface area.
Thus, Decree No. 2023-1208 of December 8, 2023 creates a sub-section concerning the obligation to equip parking areas with rainwater management and shading systems (shading structures incorporating a renewable energy production process or vegetated systems). It provides a definition of "heavy renovation" as well as a number of clarifications related to parking lot surface areas, rainwater management systems, and shading systems, particularly concerning technical or cost-related constraints.
Strengthening of provisions for the prevention of accidental risks within ICPEs registered under headings No. 2710-2, 2711, 2712-1, 2713, 2714 and 2716
Order of March 26, 2012 relating to general requirements applicable to classified facilities subject to the registration regime under heading No. 2710-2 (facilities for collecting non-hazardous waste brought by their initial producer) of the nomenclature of classified facilities for environmental protection AMENDED BY order of December 22, 2023 amending several ministerial orders relating to waste management facilities subject to registration [Official Journal of December 28, 2023]
Order of June 6, 2018 relating to general requirements applicable to facilities for transit, grouping, sorting or preparation for reuse of waste subject to the registration regime under heading No. 2711 (waste electrical and electronic equipment), 2713 (non-hazardous metals or metal waste, non-hazardous metal alloys or metal alloy waste), 2714 (non-hazardous waste of paper, cardboard, plastics, rubber, textiles, wood) or 2716 (non-hazardous non-inert waste) of the nomenclature of classified facilities for environmental protection AMENDED BY order of December 22, 2023 amending several ministerial orders relating to waste management facilities subject to registration [Official Journal of December 28, 2023]
Order of November 26, 2012 relating to general requirements applicable to classified facilities subject to the registration regime under heading No. 2712-1 (facility for storage, depollution, dismantling or cutting of end-of-life land vehicles) of the nomenclature of classified facilities for environmental protection AMENDED BY order of December 22, 2023 amending several ministerial orders relating to waste management facilities subject to registration [Official Journal of December 28, 2023]
To combat accident rates in the waste sector, the decree of December 22, 2023, strengthens the provisions applicable to fire prevention and control. The main amendments concern the development and updating of Fire Defense Plans (FDPs), alert systems for fire and rescue services, and the organization of a fire defense exercise. Other provisions specifically address the storage, sorting, and management of certain types of waste.
Provisions for the prevention of accidental risks within ICPEs authorized under headings No. 2710, 2712, 2718, 2790, and 2791
Decree of December 22, 2023, concerning fire risk prevention within facilities subject to authorization under headings 2710 (waste collection facilities for waste brought by the initial producer), 2712 (end-of-life transport vehicles), 2718 (transit, grouping, or sorting of hazardous waste), 2790 (treatment of hazardous waste), or 2791 (treatment of non-hazardous waste) of the nomenclature for classified facilities for environmental protection [Official Journal of December 29, 2023]
Also, to combat accident rates in the waste sector, the decree of December 22, 2023, sets out the general requirements applicable to facilities falling under the following headings: 2710, 2712, 2718, 2790, and 2791, regarding fire prevention and control. The main contributions concern the development of Fire Defense Plans (FDPs), alert systems for fire and rescue services, and the organization of a fire defense exercise.
Prevention of accidental risks within classified facilities subject to authorization concerning waste with properties equivalent to hazardous substances or mixtures
Decree of October 4, 2010, concerning the prevention of accidental risks within classified facilities for environmental protection subject to authorization AMENDED BY the decree of December 22, 2023 [Official Journal of November 29, 2023]
The decree newly makes applicable provisions related to the prevention of risks associated with the aging of certain equipment, to waste with properties equivalent to hazardous substances or mixtures, and likely to cause a major accident. It specifies that this waste is provisionally assigned to the closest classes, categories, and hazard statements, or to the closest designated hazardous substance or mixture. These provisions aim to combat accidents in the waste sector and, more specifically, to prevent fire risks.
Use of treated wastewater for watering green spaces open to the public and/or for crop irrigation
Decree of December 14, 2023, concerning the conditions for the production and use of treated wastewater for watering green spaces [Official Journal of December 21, 2023]
Decree of December 18, 2023, concerning the conditions for the production and use of treated wastewater for crop irrigation [Official Journal of December 21, 2023]
In a recurring context of drought periods, the decree of December 14, 2023, implements the environmental code regarding the use and reuse conditions of treated wastewater. It outlines the types of treated wastewater falling within the scope of application and then specifies the conditions for using treated wastewater for green spaces. The use targeted by this decree is for green spaces open to the public or with restricted public access, such as motorway rest areas, cemeteries, golf courses, racecourses, parks, public gardens, small vegetated areas under local authority jurisdiction (planters, flowerbeds), roundabouts and other medians, squares, stadiums...
The decree of December 18, 2023, for its part, defines the requirements to be met to implement crop irrigation using treated wastewater.
ENERGY
Rooftop integration of renewable energy production systems or green roofing systems
Construction and Housing Code Articles R. 171-32 to R. 171-42: Installation, on building roofs, of a renewable energy production system or a green roofing system, pursuant to Article L. 171-4 ESTABLISHED BY Decree No. 2023-1208 of December 18, 2023, implementing Article L. 171-4 of the Construction and Housing Code and Article L. 111-19-1 of the Urban Planning Code [JORF of December 20, 2023]
As a reminder, Law No. 2021-1104 of August 22, 2021 (known as the "Climate and Resilience" law) introduced, into the Construction and Housing Code, a requirement for integration in the event of construction, major renovations, or extensions of certain buildings:
- either a renewable energy production system;
- or a green roofing system based on a cultivation method ensuring a high degree of thermal and insulation efficiency and promoting the preservation and restoration of biodiversity;
- or any other system achieving the same result.
This section of the Construction and Housing Code aims to define major renovations and provides details on exemptions related to the integration of a renewable energy production system (for example, photovoltaic solar or thermal solar) and on green roofing systems, on a building's roof.
SECURITY
Skills required for applicants seeking authorization to handle MOT
Order of November 22, 2023, concerning the qualifications and relevant professional experience that the holder of the authorization referred to in Article R. 5139-1 of the Public Health Code must demonstrate for themselves, as well as for the individuals they authorize to contribute under their responsibility to the operations covered by this authorization [Official Journal of December 6, 2023]
Pursuant to Article R. 5139-1 of the Public Health Code, any operation involving the production, manufacture, transport, import, export, possession, offering, transfer, acquisition, and use of microorganisms and toxins (MOT) listed in the schedule defined by order, as well as products containing them, must be subject to authorization issued by the Director General of the National Agency for the Safety of Medicines and Health Products (ANSM).
This order specifies the minimum qualifications AND professional experience that any authorization applicant must possess for handling MOT.