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The list below is an extract from the French and European official gazettes concerning the environment, energy and health and safety at work in December 2024.
ENVIRONMENT
Conclusions on best available techniques (BAT) in the forges and foundries sector (BREF SF)
Commission Implementing Decision (EU) 2024/2974 of November 29, 2024 establishing BAT conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions, in the sector of forges and foundries [OJEU of December 6, 2024].
This decision sets out the BAT conclusions for forges and foundries. They can be broken down as follows:
- general conclusions applicable to all activities
- in specific conclusions, for certain activities.
As a reminder, the BAT conclusions serve as a reference for setting permit conditions for installations falling under the provisions of Chapter II of Directive 2010/75/EU, the so-called "IED Directive", and competent authorities should set emission limit values ensuring that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques as described in the BAT conclusions.
Extended Producer Responsibility (EPR) for batteries and battery waste management
Code de l'environnement Articles R. 543-124 to R. 543-129: Batteries AMENDED BY decree no. 2024-1221 of December 27, 2024 on the extended responsibility of battery producers and various provisions relating to waste management and the penalties applicable to end-of-life vehicle management centers [JORF of December 29, 2024].
As a reminder, Regulation 2023/1542 of July 12, 2023 on batteries and waste batteries sets minimum requirements for EPR, collection and treatment of waste batteries.
These articles of the Environment Code define the obligations applicable to batteries in relation to the July 12, 2023 regulation. They set minimum requirements for EPR, collection and treatment of battery waste.
- First of all, it should be noted that batteries are part of an EPR chain, for which battery producers must either join an approved eco-organization or set up an approved individual system. The latter operate according to the categories for which they have been approved (portable batteries; batteries for light means of transport (MTL batteries); starter, lighting and ignition batteries (SLI batteries); industrial batteries; batteries for electric vehicles.
- Also covered are the rules governing the management of battery waste by waste management operators.
- Finally, the penalties for non-compliance with battery management provisions at each stage of the battery life cycle are specified.
New directive on urban wastewater treatment
Directive (EU) 2024/3019 of the European Parliament and of the Council of 27 November 2024 concerning urban waste-water treatment (recast) [OJEU of 12 December 2024].
This directive governs the treatment of urban wastewater, with the aim of achieving "zero pollution" by 2050. It aims to protect the environment, safeguard human health and reduce greenhouse gas (GHG) emissions.
It recasts directive 91/271 of May 21, 1991. This has been done for the sake of clarity, following the various amendments already made, and in order to update various provisions:
- continue to improve treatment operations, particularly for micropollutants (microplastics, PFAS, etc.);
- define integrated urban wastewater management plans including measures to reduce pollution resulting from storm rain discharges;
- reduce the sector's energy consumption and GHG emissions;
- implement the "polluter pays" principle for pharmaceutical and cosmetic residues;
- monitor wastewater and prevent pandemics...
ENERGY
Conditions for deferring the installation of solar panels on parking lots larger than 10,000 m².
Decree no. 2024-1104 of December 3, 2024 on the characteristics of photovoltaic solar panels allowing an extension of the deadline for the obligation imposed on outdoor parking lots with a surface area equal to or greater than 10,000 square meters [JORF of December 4, 2024].
For parking lots (existing on July1, 2023 and those for which planning permission applications have been submitted on or after March 10, 2023) of over 10,000m2, it is possible to postpone until January 1, 2028 (instead of July 1, 2026) the installation of shading systems incorporating a renewable energy production process. This text lays down the conditions (notably in terms of panel performance and supply resilience) for benefiting from this deferral.
Exemptions from the obligation to install shading systems integrating renewable energy production processes and from the obligation to provide shading on certain parking lots for ICPEs and parking facilities for vehicles transporting dangerous goods.
Decree of December 4, 2024 defining the conditions for exempting installations classified for environmental protection and infrastructures where vehicles transporting dangerous goods are parked from the obligation to install shading and renewable energy production processes [JORF of December 14, 2024].
This order defines the cases in which all or part of the :
- install, over at least half their surface area, shading systems incorporating a renewable energy production process for parking lots larger than 1,500 m²;
- incorporate a shading system for parking lots of over 500 m² associated with the construction, extension or major renovation of certain buildings, and for new outdoor parking lots open to the public of over 500 m²;
is waived, or subject to specific conditions of implementation, for authorized, registered or declared facilities classified for environmental protection, and for parking facilities for vehicles used to transport hazardous goods (TMD), where the obligations are incompatible with the characteristics of the facility, and in particular the risks it presents.
SAFETY
Reinforcement of procedures for protecting workers against the risks of ionizing radiation and updating of regulatory provisions following the creation of the French Nuclear Safety and Radiation Protection Authority (ASNR).
Code du travail Articles R. 4451-1 to R. 4451-137 146: Prevention of the risks of exposure to ionizing radiation AMENDED BY Decree no. 2024-1238 of December 30, 2024 on the protection of workers against the risks of ionizing radiation [JORF of December 31, 2024].
Decree no. 2024-1238 of December 30, 2024 takes into account the reorganization of the governance of nuclear safety and radiation protection (creation of the Autorité de Sûreté Nucléaire et de Radioprotection - (ASNR)) and the strengthening of regulatory provisions relating to worker protection. In particular, the following topics are affected:
- Modification of the training certificate required for radiation protection advisors and emergence of the role of radiation protection operational ;
- Creation and presentation of the ASNR's missions;
- Modification of the procedures for checking workplaces and vehicles used for transporting radioactive substances;
- Modification of dosimetric monitoring ;
- Creating radiological safety zones ;
- Adapting radiological monitoring to staff exposure to radon ;
- Modification of the provisions relating to significant events and exceedance of limit values;
- Modification of the date of entry into force of the provisions relating to the certification of companies working in yellow, orange and red controlled zones, and of the provisions relating to the handling of industrial radiology equipment.
Postponement of deadline for obtaining disinfectant, pest and other product certification for certain biocidal products (types 2, 3, 4 and 21)
Decree of December 3, 2024 amending the decree of October 9, 2013 on the conditions for carrying out the activity of professional user and distributor of certain types of biocidal products [JORF of December 5, 2024].
As a reminder, professionals working as decision-makers, purchasers, distributors or users of biocides must hold an individual certificate issued by the Ministry of the Environment, known as a certibiocide, adapted to their activity and product type.
The decree of December 3, 2024 postpones by one year the obligation to comply with the new certibiocide certifications introduced by the decree of January 23, 2023 for certain types of biocidal products(type 2: Disinfectants and algicide products not intended for direct application to humans or animals, type 3: For veterinary hygiene, type 4: Surfaces in contact with food and feed, type 21: Antifouling products).
Professionals working in :
- an activity as a decision-maker, purchaser or distributor of biocidal products types 2, 3 and 4 must obtain the "certibiocide disinfectant" certificate before January 1, 2026;
- a professional user, distributor or purchaser of type 21 biocidal products must obtain the "certibiocide other products" or "certibiocide pests" certificate before January 1, 2026.
Note: Certificates issued up to December 31, 2023 remain valid until the expiry date indicated on the certificate.
Update on parking regulations for vehicles transporting dangerous goods (TDG) and other TDG-related amendments
Arrêté du 29 mai 2009 relatif aux transports de marchandises dangereuses par voies terrestres (decree on the transport of dangerous goods by land) MODIFIE PAR les arrêtés du 20 novembre 2024 [JORF du 14 décembre 2024] du ET du 3 décembre 2024 [JORF du 5 décembre 2024].
The decree of November 20, 2024 updates the provisions relating to transport and parking conditions (excluding measures to be taken in the event of an incident or accident, and traffic police and road signs) for all road transport of hazardous goods (Appendix I). These regulations now apply to vehicles whose contents require them to be marked in accordance with Chapter 5.3 of the ADR (Agreement concerning the International Carriage of Dangerous Goods by Road).
The Decree of December 3, 2024 takes into account the amendments to international regulations on the land transport of dangerous goods by rail (RID), by inland waterway (ADN) and by road (ADR), which come into force on January 1, 2025.