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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 from February 2024.
ENVIRONMENT
New F-Gas Regulation
Regulation (EU) 2024/573 of the European Parliament and of the Council of 7 February 2024 on fluorinated greenhouse gases [OJEU of 20 February 2024]
As part of the objective to reduce the European Union's greenhouse gas (GHG) emissions by 55% by 2030 – compared to 1990 levels and to achieve carbon neutrality by 2050, this regulation specifies provisions relating to the placing on the market, use, reduction, and control of installations containing certain fluorinated GHGs, including by:
1. further regulating the use of unsaturated hydro(chloro)fluorocarbons (HFOs);
2. accelerating the reduction of hydrofluorocarbon (HFC) consumption;
3. establishing new bans on placing on the market;
4. strengthening provisions on HFC trade.
Compared to the previous F-Gas Regulation, this one notably introduces new definitions, expands the scope of gases covered and periodic leak checks, clarifies the leak detection system, and specifies certifications and training for activities involving fluorinated GHGs…
This text repeals Regulation (EU) No 517/2014 of 16 April 2014 on fluorinated GHGs.
New ODS Regulation
Regulation (EU) 2024/590 of the European Parliament and of the Council of 7 February 2024 on substances that deplete the ozone layer [OJEU of 20 February 2024]
As part of the European Green Deal, this Regulation (EU) 2024/590 of 7 February 2024 on substances that deplete the ozone layer aims to strengthen the implementation of existing provisions applicable to these substances.
It lays down rules concerning the production, import, export, placing on the market, storage, supply, use, recovery, recycling, reclamation, and destruction of CFCs, HCFCs, halons, and other gases capable of depleting the ozone layer.
The following topics are thus addressed:
- Prohibitions concerning the production, placing on the market, and subsequent supply…
- Intentional releases and leaks;
- Tightness checks;
- Registers of equipment and systems subject to periodic tightness checks…
Regulation (EC) No 1005/2009 of 16 September 2009 on substances that deplete the ozone layer is repealed.
Strengthening of provisions for the prevention of accidental risks for ICPE declared under headings No. 2711, 2713, 2714, 2716, 2718, and 2791
Order of 6 June 2018 on general requirements applicable to facilities for transit, grouping, sorting, or preparation for reuse of waste subject to the declaration regime under heading No. 2711 (waste electrical and electronic equipment), 2713 (non-hazardous metals or metal waste, metal alloys or non-hazardous metal alloy waste), 2714 (non-hazardous paper, cardboard, plastic, rubber, textile, wood waste), or 2716 (non-hazardous non-inert waste) of the nomenclature of classified facilities for environmental protection AMENDED BY order of 8 January 2024 amending several ministerial orders relating to waste management facilities subject to declaration [JORF of 3 February 2024]
Order of 6 June 2018 on general requirements applicable to facilities for transit, grouping, or sorting of hazardous waste subject to the declaration regime under heading No. 2718 of the nomenclature of classified facilities for environmental protection AMENDED BY order of 8 January 2024 amending several ministerial orders relating to waste management facilities subject to declaration [JORF of 3 February 2024]
Order of 23 November 2011 on general requirements applicable to classified facilities for environmental protection subject to declaration under heading 2791 (non-hazardous waste treatment facility, excluding facilities covered by headings 2720, 2760, 2771, 2780, 2781, and 2782) AMENDED BY order of 8 January 2024 amending several ministerial orders relating to waste management facilities subject to declaration
In addition to new definitions (combustible / incombustible / flammable waste, small islands, waste reception area…), the main provisions address – depending on the headings:
- Small islands;
- The status of waste stocks;
- The storage of products and waste;
- Battery storage (heading 2718)
- Detection and monitoring;
- Patrols;
- Sorting failure (headings 2711, 2791)
- The fire protection plan…
Strengthening of accidental risk prevention provisions for Classified Installations for Environmental Protection (ICPE) declared under headings 2710-1 and 2710-2
Decree of March 27, 2012 concerning general requirements applicable to classified installations for environmental protection subject to declaration under heading no. 2710-1 (Installations for the collection of hazardous waste brought by their initial producer) AMENDED BY decree of January 8, 2024 modifying several ministerial decrees relating to waste management installations subject to declaration [JORF of February 3, 2024]
Decree of March 27, 2012 concerning general requirements applicable to classified installations for environmental protection subject to declaration under heading no. 2710-2 (Installations for the collection of non-hazardous waste brought by their initial producer) AMENDED BY decree of January 8, 2024 modifying several ministerial decrees relating to waste management installations subject to declaration [JORF of February 3, 2024]
To combat accidents in the waste sector, the decree of January 8, 2024 strengthens the provisions applicable to fire prevention and control in connection with heading 2710-1 declaration. It also strengthens the provisions applicable to lithium battery waste in connection with heading 2710-2 declaration.
Generally, the term "pile" is replaced by the term "battery" in the first ministerial decree of general requirements, which notably means that battery storage does not necessarily have to take place in specific dedicated premises, sheltered from the elements; that personnel do not need to be qualified to receive battery waste; that battery waste areas are not inaccessible to the public; or that it is possible to transfer batteries.
Furthermore, for new and existing installations, as soon as waste electrical and electronic equipment (WEEE) is likely to contain lithium batteries, it must be separated from other WEEE upon receipt and stored under conditions ensuring no damage from handling operations.
Classification of woods and forests exposed to fire risk
Decree of February 6, 2024 classifying woods and forests exposed to fire risk under Articles L. 132-1 and L. 133-1 of the Forestry Code [JORF of February 9, 2024]
Pursuant to the law on forests aimed at strengthening the prevention and fight against the intensification and spread of fire risk and legal brush-clearing obligations, this decree defines the woods and forests exposed to fire risk. It also lists woods and forests that are excluded but located in departments particularly exposed to fire risk.
The following territories are notably concerned: Alpes-de-Haute-Provence, Hautes-Alpes, Alpes-Maritimes, Ardèche, Ariège, Aude, Aveyron, Bouches-du-Rhône, Corse-du-Sud, Haute-Corse, Dordogne, Hérault, Landes, Lot, Lot-et-Garonne, Lozère, Pyrénées-Atlantiques, Hautes-Pyrénées, Drôme, Gard, Gironde…