HSE and Energy Regulatory Watch for February 2025

Discover our monthly regulatory watch, extracted from publications in French and European official journals concerning environment, energy, and occupational health and safety.

Léa Soler
Consultante HSE
Publication : 
12.03.2025
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

The list below is an extract from publications in French and European official journals concerning environment, energy, and occupational health and safety for February 2025.

Environnement

ENVIRONMENT

Consideration of per- and polyfluoroalkyl substances (PFAS) in the quality control of water intended for human consumption (drinking water) and modification of the basis for the non-domestic water pollution charge in connection with PFAS

Public Health Code Articles L. 1321-1 A to L. 1321-10: Health safety of water and food AMENDED BY Law No. 2025-188 of February 27, 2025, aiming to protect the population from risks related to per- and polyfluoroalkyl substances [Official Journal of February 28, 2025]

Environmental Code Articles L. 213-1 to L. 213-22: Administrative and financial structures AMENDED BY Law No. 2025-188 of February 27, 2025, aiming to protect the population from risks related to per- and polyfluoroalkyl substances [Official Journal of February 28, 2025]

Law No. 2025-188 of February 27, 2025, creates a new article in the Public Health Code mandating, within the framework of the health quality control of drinking water carried out by regional health agencies, the control of the presence of per- and polyfluoroalkyl substances as defined by decree. It is also stipulated that a map, made available to the public electronically and revised at least annually, will identify all sites that have emitted or are emitting per- and polyfluoroalkyl substances into the environment.

Furthermore, this law modifies the basis for the non-domestic pollution charge* for operators of facilities subject to authorization under the classified facilities nomenclature. When this person's activities result in the discharge of per- and polyfluoroalkyl substances (PFAS) into water, either directly or via a collection network, the charge is based on the mass of substances discharged per year. The rate of the charge is set at 100 euros per hundred grams. The list of substances on which the charge is based is defined by decree.

* As a reminder, the non-domestic pollution charge applies to any person whose activities result in the discharge of certain pollutants directly into the natural environment.

New incentive tax related to the acquisition of low-emission light vehicles

Code of Taxation on Goods and Services Articles L. 421-93 to L. 421-167: Taxes on the allocation of vehicles for economic purposes AMENDED BY Law No. 2025-127 of February 14, 2025, on Finance for 2025 [Official Journal of February 15, 2025]

Companies that directly or indirectly manage a fleet of more than one hundred light vehicles are no longer subject to the obligation of progressively increasing acquisition of low-emission vehicles when renewing their fleet, as stipulated by the Environmental Code. They are now subject to an annual incentive tax related to the acquisition of low-emission light vehicles. Taxable vehicles, exemptions, and the amount of the tax are detailed in this section.

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Removal of mandatory status and reference update for various standards in general regulatory decrees

Decree of August 8, 2011, relating to general requirements applicable to installations subject to the registration regime under heading no. 2518 of the nomenclature of classified installations for environmental protection (ICPE)

Decree of August 8, 2011, relating to general requirements applicable to installations subject to the registration regime under heading no. 2522 of the ICPE nomenclature

Decree of March 23, 2012, relating to general requirements applicable to installations subject to the registration regime under heading no. 2221 (preparation or preservation of food products of animal origin) of the ICPE nomenclature

Decree of November 26, 2012, relating to general requirements applicable to installations subject to the registration regime under heading no. 2251 (preparation, packaging of wines) of the ICPE nomenclature

Decree of December 14, 2013, relating to general requirements applicable to installations subject to the registration regime under heading no. 2560 of the ICPE nomenclature

Decree of December 14, 2013, relating to general requirements applicable to installations subject to the registration regime under heading no. 2563 of the ICPE nomenclature

Decree of September 2, 2014, relating to general requirements applicable to installations subject to the registration regime under heading no. 2410 (installation where wood or similar combustible materials are processed) of the ICPE nomenclature

Decree of April 24, 2017, relating to general requirements applicable to installations subject to the registration regime under heading no. 2230 of the ICPE nomenclature

Decree of April 24, 2017, relating to general requirements applicable to installations subject to the registration regime under heading no. 2240 of the ICPE nomenclature

MODIFIED BY the decree of January 27, 2025, removing the mandatory nature of various standards [Official Journal of the French Republic of February 14, 2025]

The decree of January 27, 2025 provides for the removal of the mandatory status and the update of standards applicable to both new and existing installations, particularly, depending on the general regulatory decrees, in relation to the following topics:

  • Fire resistance of premises;
  • Emissions into water;
  • Emission limit values into air;
  • Natural smoke and heat exhaust devices (NSHED) in fire-risk premises;
  • Sampling and analysis methods for technical provisions regarding spreading.

Energie

ENERGY

New Capacity Mechanism

Energy Code Articles L. 316-1 to L. 316-13: The capacity mechanism ESTABLISHED BY Law No. 2025-127 of February 14, 2025 on finance for 2025 [JORF of February 15, 2025]

Code of Taxation on Goods and Services Articles L. 322-1 to L. 322-21: Capacity mechanism cost allocation tax ESTABLISHED by Law No. 2025-127 of February 14, 2025 on finance for 2025 [JORF of February 15, 2025]

To prevent failure of the French electricity system, this chapter of the Energy Code establishes a new capacity mechanism, replacing the previous system which expires in November 2026. This mechanism takes the form of remuneration paid by the public electricity transmission system operator (RTE) to operators of production, storage, and consumption reduction capacities in exchange for their availability commitments. The scope and implementation procedures of the system are thus provided for in this chapter.

This mechanism is accompanied by a capacity mechanism cost allocation tax, newly governed by the Code of Taxation on Goods and Services. This tax is allocated to the public electricity transmission system operator to finance the remuneration of operators.

Sécurité

SAFETY

Amendment of provisions relating to technical installations distributing or using gas in Public Access Buildings (ERP)

Order of June 25, 1980 approving the general provisions of the safety regulations against fire and panic risks in Public Access Buildings AMENDED BY the order of February 23, 2025 [JORF of February 28, 2025]

Following the repeal of the order of August 2, 1977, concerning technical and safety rules applicable to installations for combustible gas and liquefied hydrocarbons located inside residential buildings or their outbuildings, this order amends the provisions relating to technical installations distributing or using gas in ERPs of the first 4 categories, which had become obsolete. ERPs of the 5thth category may also be impacted due to references made to these provisions.

The scope is first clarified. General safety objectives are then newly defined. Documents to be provided before work are retained without modification. Furthermore, technical rules and safety requirements are being revised. Finally, provisions relating to the verification and maintenance of installations are also affected.

Ban on single-use electronic vaping devices

Public Health Code Articles L. 3512-1 to L. 3512-9 and L. 3513-1 to L. 3513-6: Tobacco and Vaping Products AMENDED BY the law No. 2025-175 of February 24, 2025, prohibiting single-use electronic vaping devices [Official Journal of the French Republic of February 25, 2025]

This law aims to prohibit the possession for sale, distribution, or free offering, the placing on sale, sale, distribution, or free offering of single-use electronic vaping devices. This prohibition does not apply to cartridges.