HSE and Energy Regulatory Watch for February 2026

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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 from February 2026.

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ENVIRONMENT

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Revision of the PFAS Fee

Environmental Code Articles L. 213-1 to L. 213-22: Administrative and Financial Structures AMENDED BY Finance Act No. 2026-103 of February 19, 2026 for 2026 [Official Journal of February 20, 2026]

This fee is now no longer a component of the non-domestic pollution fee, which only applies to industrial facilities not connected to the public collection network, but becomes a specific fee. Previously, this fee applied to classified facilities for environmental protection under the authorization regime, discharging more than 100 grams of PFAS per year and not connected to the public collection network.

It now applies to classified facilities under the authorization regime discharging more than 100 grams of PFAS per year directly into the natural environment or via a collection network.

Taxes on radioactive metallic waste, landfilled waste, and incinerated waste

Code of Taxation on Goods and Services Articles L. 433-1 to L. 433-105: Safety and Waste CREATED BY Finance Act No. 2026-103 of February 19, 2026 for 2026 [Official Journal of February 20, 2026]

The creation of waste taxes in the Code of Taxation on Goods and Services results in, effective March 31, 2026, the repeal of the articles governing the TGAP (general tax on polluting activities) on waste in the Customs Code.

This text therefore regulates waste taxes. Details regarding the following taxes are specified:

- tax on stored radioactive metallic waste and other metallic waste stored alongside it,

- tax on landfilled waste,  

- tax on incinerated waste.

Modification of the authorization procedure for temporary facilities

Environmental Code Articles R. 512-1 to R. 512-45: Facilities Subject to Authorization AMENDED BY Decree No. 2026-45 of February 2, 2026 introducing adaptation measures for the environmental authorization procedure, particularly for livestock farms, and for temporary facilities [Official Journal of February 3, 2026]

Decree No. 2026-45 of February 2, 2026 specifies the authorization application procedure and the processing methods for applications for facilities operating for less than one year.

The decree also limits the possibility of granting a temporary environmental authorization exclusively to projects not subject to an environmental assessment and intended to operate for less than one year.

As a reminder, installations operating for less than one year can receive a temporary environmental authorization for 6 months, renewable once.

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Amendment to the ICPE classification related to livestock farming

Environmental Code Articles R. 511-9 to R. 511-12: Classification of classified installations AMENDED BY Decree No. 2026-46 of February 2, 2026, amending the classification of installations classified for environmental protection [JORF of February 3, 2026]

Decree No. 2026-46 of February 2, 2026, amends the classification of installations classified for environmental protection by raising the registration thresholds for headings 2101-1 and 2101-2 (bovines), modifying heading 3660 (poultry or pig farming), and amending the note for heading 2120 (dogs).

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ENERGY

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Publication of the new Multi-Year Energy Program (PPE) for the period 2026-2035 in mainland France

Decree No. 2026-76 of February 12, 2026, relating to the multi-year energy program [JORF of February 13, 2026]

The decree establishes the PPE for the period 2026-2035, which defines the public authorities' priority actions for managing energy forms in mainland France to achieve the objectives set out in the Energy Code.

Harmonization of the terms for indirect cost compensation related to the greenhouse gas emissions trading system (ETS) with the new provisions concerning energy audits and energy management systems

Energy Code, Articles D. 122-14 to D. 122-35: Aid for companies exposed to a significant risk of carbon leakage due to the costs of the greenhouse gas emissions trading system passed on to electricity prices AMENDED BY Decree No. 2026-113 of February 20, 2026 [Official Journal of February 21, 2026]

As a reminder, companies in sectors considered to be exposed to a significant risk of carbon leakage can apply for the "indirect cost compensation" aid.

Decree No. 2026-113 of February 20, 2026, amends the Energy Code by bringing the national indirect cost compensation scheme into line with the new provisions concerning energy audits and energy management systems (EMS), as defined in Decree No. 2025-1382 of December 29, 2025.

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SECURITY

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New rules regarding the use of combustible bio-based structural elements in Public Access Buildings

Order of June 25, 1980, approving the general provisions of the safety regulations against fire and panic risks in public access buildings (ERP) AMENDED BY the Order of February 19, 2026 [Official Journal of February 22, 2026]

To adapt to the use of bio-based materials in the construction of public access buildings, the Order of February 19, 2026, takes into account the fire risk associated with the use of these materials.

These provisions apply to applications for construction, modification, or development permits submitted from June 1, 2027.

Implementation of temporary derogation measures from accessibility rules applicable to the reconstruction, in Mayotte, of certain establishments damaged or destroyed following the passage of Cyclone Chido

Order of January 22, 2026, establishing temporary derogation measures from accessibility rules applicable to the reconstruction, in Mayotte, of public access buildings and public facilities damaged or destroyed following the passage of Cyclone Chido [Official Journal of February 5, 2026]

As a reminder, following Cyclone Chido, which occurred between December 13, 2024, and May 13, 2025, and caused significant damage to Mayotte's public infrastructure, the State implemented a set of emergency measures aimed at accelerating the reconstruction of the territory.

This order temporarily waives the provisions of the order of April 20, 2017, regarding accessibility for people with disabilities in public access buildings (ERP) during their construction and in public open facilities (IOP) during their development, in order to accelerate the reconstruction of Mayotte.