EHS and Energy regulatory watch for January 2025

The list below is an extract from the French and European official gazettes concerning the environment, energy and health and safety at work in January 2025.

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ENVIRONMENT

New requirements for packaging waste

Regulation (EU) 2025/40 of December 19, 2024 on packaging and packaging waste [January 22, 2025 OJEU].

This regulation lays down new obligations concerning packaging and packaging waste for all economic operators (manufacturers, producers, importers, distributors, order fulfillment service providers, etc.). These obligations correspond, as the case may be, to :

• Sustainability obligations;
• Obligations in terms of labeling, package marking and end-user information;
• Obligations to re-use ;
• Obligations relating to storage, handling, packaging or shipping;
• Obligations to register producers in each Member State in which packaging or packaged products are made available;
• ...

Exemptions exist for certain packaging categories and are specified in the corresponding articles (dangerous goods, medical devices, foodstuffs, etc.).

This regulation repeals Directive 94/62/EC on packaging and packaging waste. It will apply from August 12, 2026.

Details of ICPE heading 2925

Interpretation note for heading 2925: Classification of charging stations for light electric vehicles, on outdoor parking areas not open to the public / Classification of installations spread over a site

Heading 2925 concerns workshops for charging electric accumulators. The interpretation note associated with this heading provides further details on the 2925 classification.

Thus :

• The notion of "workshop" is to be understood in a broad sense. The notion of workshop refers to the place where the activity is carried out, whether the place is a covered or uncovered space; in a building or on open-air parking areas. In this way, all the power ratings of equipment operated by the same operator (ESS, IRVE terminals, charging rooms, carts, vehicles, etc.) must be added together at site level to check whether the classification threshold has been exceeded.
• Charging stations (IRVE) for light and heavy vehicles located within a company are not considered to be charging points open to the public. They are therefore not excluded from the scope of this heading, and are likely to be concerned by this classification if the maximum current power usable for this operation exceeds the 600 kW threshold.

Extended self-monitoring of wastewater systems

Arrêté du 21 juillet 2015 relatif aux systèmes d'assainissement collectif et aux installations d'assainissement non collectif, à l'exception des installations d'assainissement non collectif recevant une charge brute de pollution organique inférieure ou égale à 1,2 kg/d de DBO5 MODIFIÉ PAR Arrêté du 24 décembre 2024 [JORF du^1er janvier 2025]

Depending on the capacity of the wastewater treatment system, various modifications and clarifications are made in terms of document production, self-monitoring of wastewater treatment plants and technical inspections of these self-monitoring systems.

From now on, for non-collective sanitation systems treating :

• Entre 1,2 kg < charge brute de pollution ≤ 12 kg / jour de DBO5: les exploitants de ces systèmes doivent rédiger et tenir à jour un cahier de vie du système décrivant l’exploitation, la gestion, la surveillance et le suivi du système ;
• A gross pollution load > 12 kg / day of DB05: operators must also keep a system life log and carry out a system operating report (every year if the wastewater treatment system treats > 30 kg / day of DB05, every two years otherwise).

Furthermore, for plants treating a daily capacity of between 12 and 120 kg/day, self-monitoring measurements must now be carried out in accordance with a set of specifications available on the Ministry's website. On the other hand, for plants treating a CBPO ≥ 120 kg/day, the self-monitoring manual no longer has to comply with the ministerial manual model defined.

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SAFETY

Definition of exemptions from the ban on the use of plant protection products for sports facilities or parts of sports facilities

Arrêté du 10 janvier 2025 fixant la liste des usages des produits phytopharmaceutiques pour lesquels aucune solution technique alternative ne permet d'obtenir la qualité requise dans le cadre des compétitions officielles pour les équipements sportifs ou parties d'équipements sportifs [JORF of January 18, 2025]

As a reminder, the Order of May 4, 2017 on the marketing and use of certain phytopharmaceutical products and their adjuvants lays down the principle of banning the use of certain phytopharmaceutical products for sports facilities (playing fields, golf courses, racecourses, lawn tennis...) from January 1, 2025.

The decree of January 10, 2025 sets out the list of uses of plant protection products that are exempt from this ban for sports facilities or parts of sports facilities where no alternative technical solution makes it possible to obtain the quality required for official competitions.

Safety regulations applicable to temporary and demountable structures

Code de la construction et de l'habitation Articles R. 131-5 to R. 131-7 : Temporary and demountable structures CREATED BY Decree no. 2025-83 of January 30, 2025 relating to the application of articles L. 131-1 and L. 134-12 of the Construction and Housing Code [JORF of January 31, 2025].

The decree of January 30, 2025 creates a new section within the French Construction and Housing Code concerning temporary and demountable structures. The section imposes an obligation to design, manufacture, install and maintain this type of structure in accordance with safety rules to be defined by decree. Manufacturers, installers, owners and event organizers are each responsible for complying with these rules and carrying out the necessary checks.

Increased criminal penalties for smoking and vaping bans in certain public places

Code de la santé publique Articles R. 3512-2 to R. 3512-9, R. 3513-1 to R. 3513-4 and R. 3515-1 to R. 3515-8: Prohibition on smoking and vaping in places designated for collective use MODIFIED BY Decree no. 2025-68 of January 25, 2025 on security in public transport [JORF of January 26, 2025].

As a reminder, smoking is prohibited in :

• Closed and covered workplaces for collective use;
• Closed public transport ;
• Schools and establishments for the reception, training and accommodation of minors.

Smoking is also forbidden in enclosed and covered places open to the public, workplaces other than those designated for this purpose, and means of public transport.

These two offences are now punishable by^4th class fines (135 euros).

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