HSE and Energy Regulatory Watch for January 2023

French and European texts concerning environment, energy, and occupational health and safety from January 2023.

Marie Faucon
Consultante HSE
Publication : 
14.02.2023
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

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The list below is an extract of publications in the French and European official gazettes concerning environment, energy, and occupational health and safety from January 2023.

New texts

Order of September 7, 2022, relating to awareness of cardiac arrest prevention and life-saving actions [JORF of January 22, 2023]

Order of December 27, 2022, relating to the procedures for physical monitoring, accounting, and accounting declarations of nuclear materials, issued pursuant to Articles R. 1333-3-2 and R. 1333-11 of the Defense Code, for activities not subject to the authorization provided for in Article R. 1333-4 of the same code [JORF of January 13, 2023]

Order of January 3, 2023, relating to the water safety management plan implemented from the catchment area up to the private distribution facilities [JORF of January 11, 2023]

Order of January 12, 2023, relating to the creation of programs within the framework of the energy savings certificate scheme [JORF of January 20, 2023]

Decree No. 2022-1774 of December 31, 2022, issued pursuant to VIII and IX of Article 181 of Law No. 2022-1726 of December 30, 2022, on finance for 2023 [JORF of January 1, 2023]

Order of December 22, 2022, relating to the platform for digital entry and transmission of asbestos demolition, removal, or encapsulation plans, as well as related amendments and information, and declarations to certification bodies for the scheduling of monitoring operations, known as DEMAT@MIANTE [JORF of January 6, 2023]

Amended texts

Order of January 5, 2023, amending provisions relating to the professional training of private security agents [JORF of January 8, 2023] AMENDS :

  • Order of June 27, 2017, setting out the specifications applicable to initial training for private security activities
  • Order of February 27, 2017, relating to the continuing training of private security agents

Order of May 31, 2011, relating to physical monitoring, accounting, and physical protection measures applicable to declared nuclear materials, as well as the form and procedures for the declaration REPEALED BY the Order of December 27, 2022, relating to the procedures for physical monitoring, accounting, and accounting declarations of nuclear materials, issued pursuant to Articles R. 1333-3-2 and R. 1333-11 of the Defense Code, for activities not subject to the authorization provided for in Article R. 1333-4 of the same code [JORF of January 13, 2023]

Decree No. 2023-13 of January 11, 2023, concerning environmental authorization for mining operations [Official Journal of the French Republic of January 12, 2023] AMENDS:

  • Environmental Code Articles R. 122-1 to R. 122-15: Impact assessments for development works and projects
  • Environmental Code Articles R. 181-1 to D. 181-57: Environmental authorization
  • Environmental Code Articles R. 214-1 to R. 214-60: Authorization or declaration procedures
  • Environmental Code Article R. 551-14: Other provisions (hazard studies)
  • Decree No. 78-498 of March 28, 1978, concerning geothermal exploration and exploitation permits
  • Decree No. 2006-649 of June 2, 2006, concerning mining operations, underground storage operations, and the regulation of mines and underground storage facilities
  • Decree No. 2010-1389 of November 12, 2010, concerning the obligation to establish financial guarantees before the commencement of mining exploration or exploitation operations
  • Decree No. 2016-1303 of October 4, 2016, concerning drilling exploration and well exploitation operations for mineral substances, and repealing the annex titled "Title: Exploration by Drilling, Exploitation of Fluids by Wells, and Treatment of these Fluids" of Decree No. 80-331 of May 7, 1980, establishing the general regulations for extractive industries

Order of December 29, 2014, concerning the terms of application of the energy savings certificate scheme AMENDED BY :

  • the Order of December 21, 2022, amending the Order of December 29, 2014, concerning the terms of application of the energy savings certificate scheme and the Order of December 22, 2014, defining standardized energy savings operations [Official Journal of the French Republic of January 13, 2023]
  • the Order of January 10, 2023, amending the conditions of application of the "Efficient Renovation of a Single-Family Home" boost scheme under the energy savings certificate scheme [Official Journal of the French Republic of January 13, 2023]

LAW No. 2023-22 of January 24, 2023, on the orientation and programming of the Ministry of Interior [Official Journal of the French Republic of January 25, 2023] AMENDS :

  • Road Traffic Code Articles L. 318-1 to L. 318-4: Energy, polluting emissions, and nuisances
  • Environmental Code Articles L. 554-10 to L. 554-12: Risks specific to gas pipelines and penalties for damage to these pipelines or to gas, biogas, or hydrocarbon production, distribution, transport, or storage facilities

Environmental Code Articles R. 172-9 to R. 172-16: Investigation and detection of offenses AMENDED BY the corrigendum to Decree No. 2022-1638 of 22 December 2022 concerning the regulation of the use of cameras and sensors on uncrewed aircraft for understanding natural phenomena and for the administrative control of technological risks [JORF of 7 January 2023]

General Code of Local Authorities Articles D. 2224-5-1 to R. 2224-22-6: Water and sanitation AMENDED BY the corrigendum to Decree No. 2022-1721 of 29 December 2022 relating to the improvement of conditions for everyone's access to water intended for human consumption [JORF of 14 January 2023]

Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment AMENDED BY Commission Delegated Directive 2023/171 of 28 October 2022 amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for hexavalent chromium as an anti-corrosion agent in gas absorption heat pumps [OJEU of 26 January 2023]

Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors AMENDED BY COMMISSION DELEGATED REGULATION (EU) 2023/196 of 25 November 2022 amending Regulation (EC) No 273/2004 of the European Parliament and of the Council and Council Regulation (EC) No 111/2005 as regards the inclusion of certain drug precursors in the list of scheduled substances [OJEU of 31 January 2023]

Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade in drug precursors between the Community and third countries AMENDED BY COMMISSION DELEGATED REGULATION (EU) 2023/196 of 25 November 2022 amending Regulation (EC) No 273/2004 of the European Parliament and of the Council and Council Regulation (EC) No 111/2005 as regards the inclusion of certain drug precursors in the list of scheduled substances [OJEU of 31 January 2023]