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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 December 2024.
ENVIRONMENT
Conclusions on Best Available Techniques (BAT) in the forging and foundry sector (BREF SF)
Commission Implementing Decision (EU) 2024/2974 of 29 November 2024 establishing conclusions on BAT under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions, in the forging and foundry sector [OJEU of 6 December 2024]
This decision establishes the BAT conclusions for forging and foundries. They are typically divided into:
- general conclusions applicable to all activities
- specific conclusions, for certain activities.
As a reminder, BAT conclusions serve as a reference for setting permit conditions for installations falling under the provisions of Chapter II of Directive 2010/75/EU, known as the "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
Environmental Code Articles R. 543-124 to R. 543-129: Batteries AMENDED BY Decree No. 2024-1221 of 27 December 2024 relating to extended producer responsibility for batteries and containing various provisions relating to waste policing and the sanction regime applicable to end-of-life vehicle management centers [JORF of 29 December 2024]
As a reminder, Regulation 2023/1542 of 12 July 2023 on batteries and waste batteries sets minimum requirements for EPR, the collection and treatment of waste batteries.
Thus, these articles of the Environmental Code define the obligations applicable to batteries in relation to the Regulation of 12 July 2023. They set minimum requirements for EPR, the collection and treatment of waste batteries.
- Firstly, it is specified that batteries are part of an EPR scheme, for which battery producers must either join an approved eco-organisation or set up an approved individual scheme. Their activity is carried out according to the categories for which they have been approved (portable batteries; batteries for light means of transport (LMT batteries); starting, lighting, and ignition batteries (SLI batteries); industrial batteries; electric vehicle batteries.
- Also addressed are the rules relating to battery waste management by waste management operators.
- Finally, the penalties for non-compliance with battery management provisions at each stage of the battery lifecycle 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 wastewater treatment (recast) [OJEU of 12 December 2024]
This directive regulates urban wastewater treatment to achieve the "zero pollution" objective by 2050. It aims at protecting the environment, human health, and reducing Greenhouse Gas (GHG) emissions.
It recasts Directive 91/271 of 21 May 1991. This is done for clarity, following the various amendments already made, and to update various provisions:
- continue to improve treatment operations, in particular to treat micropollutants (microplastics, PFAS, etc.);
- define integrated urban wastewater management plans, including measures aimed at reducing pollution resulting from storm overflow discharges;
- reduce energy consumption and GHG emissions from the sector;
- 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 car parks larger than 10,000 m²
Decree No. 2024-1104 of 3 December 2024 concerning the characteristics of photovoltaic solar panels allowing for a deferral of the deadline for the obligation imposed on outdoor car parks with an area of 10,000 square meters or more [JORF of 4 December 2024]
For car parks (existing as of 11st July 2023 and those whose urban planning permit application was submitted from March 10, 2023) exceeding 10,000 m2, it is possible to postpone until January 1, 2028 (instead of July 1, 2026) the implementation of canopies incorporating a renewable energy production process. This text sets out the conditions (particularly regarding the performance and supply resilience of the panels) for benefiting from this postponement.
Exemptions from the obligation to install canopies incorporating renewable energy production processes and from the shading obligation in certain car parks for ICPEs and dangerous goods vehicle parking infrastructures
Decree of December 4, 2024 defining the conditions for exemptions for installations classified for environmental protection and infrastructures where dangerous goods vehicles are parked, with regard to the obligations for installing canopies and renewable energy production processes [JORF of December 14, 2024]
This decree defines the cases in which all or part of the obligation:
- to install, over at least half of their surface area, canopies incorporating a renewable energy production process for car parks larger than 1,500 m²;
- to integrate a shading device in car parks larger than 500 m² associated with the construction, extension, or major renovation of certain buildings, and in new outdoor public car parks larger than 500 m²;
is waived or subject to specific implementation conditions for authorized, registered, or declared installations classified for environmental protection and for Dangerous Goods Transport (TMD) vehicle parking infrastructures, when the obligations are incompatible with the characteristics of the installation, particularly the risks it presents.
SAFETY
Strengthening of provisions relating to the protection of workers against risks due to ionizing radiation and updating of regulatory provisions following the creation of the Nuclear Safety and Radiation Protection Authority (ASNR)
Labor Code Articles R. 4451-1 to R. 4451-137 146: Prevention of risks of exposure to ionizing radiation AMENDED BY Decree No. 2024-1238 of December 30, 2024 relating to the protection of workers against risks due to ionizing radiation [JORF of December 31, 2024]
Decree No. 2024-1238 of December 30, 2024 allows for the consideration of the reorganization of nuclear safety and radiation protection governance (creation of the Nuclear Safety and Radiation Protection Authority – (ASNR)) and the strengthening of regulatory provisions relating to worker protection. The following topics are particularly affected:
- Modification of the required training certificate for radiation protection advisors and emergence of the operational radiation protection role;
- Creation and presentation of the ASNR's missions;
- Modification of verification procedures for workplaces and vehicles used during operations involving the transport of radioactive substances;
- Modification of dosimetric monitoring;
- Creation of radiological safety zones;
- Adaptation of radiological monitoring to personnel exposure to radon;
- Modification of provisions related to significant events and exceedances of limit values;
- Modification of the effective date of provisions concerning the certification of companies operating in yellow, orange, and red controlled zones, as well as provisions related to the handling of industrial radiology equipment.
Extension of the deadline for obtaining certibiocides for disinfectants, pest control, and other products for certain biocidal products (types 2, 3, 4, and 21)
Order of December 3, 2024, amending the Order of October 9, 2013, concerning the conditions for exercising the activity of professional user and distributor of certain types of biocidal products [Official Journal of December 5, 2024]
As a reminder, professionals engaged in the activity of decision-maker, purchaser, distributor, or user of biocides must hold an individual certificate issued by the Ministry of Environment, known as the 'certibiocide', adapted to their activity and the types of products.
The Order of December 3, 2024, postpones by one year the obligation to comply with the new certibiocide certifications introduced by the Order of January 23, 2023, for certain types of biocidal products (type 2 : Disinfectants and algaecides not intended for direct application to humans or animals, type 3 : For veterinary hygiene, type 4 : Surfaces in contact with food and animal feed, type 21 : Antifouling products).
Therefore, professionals engaged 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;
- an activity as a professional user, distributor, or purchaser of biocidal products type 21 must obtain the "certibiocide other products" or "certibiocide pests" certificate before January 1, 2026.
Note: Certificates issued until December 31, 2023, remain valid until the expiry date indicated on the certificate.
Update of the rules applicable to the parking of vehicles Transporting Dangerous Goods (TDG) and various modifications related to TDG
Order of May 29, 2009, concerning the transport of dangerous goods by land (known as the "TDG Order") MODIFIED BY the orders of November 20, 2024 [Official Journal of December 14, 2024] AND of December 3, 2024 [Official Journal of December 5, 2024]
The order of November 20, 2024, updates the provisions concerning transport and parking procedures (excluding measures to be taken in case of incident or accident and traffic policing and road signage) for all road transport of dangerous goods (Annex I). These regulatory provisions now apply to vehicles whose contents require signage according to the provisions of Chapter 5.3 of the ADR (Agreement concerning the International Carriage of Dangerous Goods by Road).
The order of December 3, 2024, takes into account amendments from international regulations concerning the land transport of dangerous goods by rail (RID), by inland waterways (ADN), and by road (ADR) entering into force on January 1, 2025.