HSE and Energy Regulatory Watch for January 2026

French and European texts concerning environment, energy, and occupational health and safety from January 2026

Caroline Mardon
Consultante HSE
Publication : 
13.02.2026
Table of Contents
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🔎 Key takeaways

Here is the essential summary:

  • Energy : integration of self-consumption into the applicability calculation and SMé obligation by October 2027.
  • RE2020 : extension of environmental regulations to new buildings as of May 1, 2026.
  • Carbon : update to European aid with 20 new sectors eligible for carbon leakage protection.

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 excerpt from publications in the French and European official journals concerning environment, energy, and occupational health and safety from January 2026.

Environnement

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ENVIRONMENT

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Amendment to EU guidelines concerning certain state aid in the context of the greenhouse gas emission allowance trading system after 2021

Guidelines concerning certain state aid in the context of the greenhouse gas emission allowance trading system after 2021 AS AMENDED BY Commission Communication amending the guidelines concerning certain state aid in the context of the greenhouse gas emission allowance trading system after 2021 [OJEU of January 5, 2026]

As a reminder, these aids are granted to sectors and sub-sectors that are exposed to a genuine risk of carbon leakage due to the significant indirect costs they bear resulting from the passing on of GHG emission costs into electricity prices.

To protect the competitiveness of European industry in the face of rising electricity prices and carbon costs, the Commission Communication of January 5, 2026, amends the guidelines concerning certain state aid in the context of the greenhouse gas emission allowance trading system after 2021.

Thus, aid to companies in sectors considered to be exposed to a genuine risk of carbon leakage is proportionate and has a sufficiently limited negative effect on competition and trade if it does not exceed:

- 80% of indirect emission costs incurred by sectors listed in Annex I, Table 1 (historically highly exposed sectors: aluminum metallurgy, pulp manufacturing, refining, non-ferrous metal metallurgy, etc.);

- 75% for sectors newly eligible such as iron ore mining (NACE 07.10), manufacture of nitrogen products and fertilizers (NACE 20.15), manufacture of synthetic rubber (NACE code: 20.17)... listed in Annex I, Table 2, or any other sector deemed eligible. 20 new NACE codes are now eligible.

The CO2 emission factors and geographical areas mentioned in Annex III of the guidelines are updated for the 2026-2030 period based on the latest available data.

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Update of the map of areas exposed to differential ground movement due to drought and rehydration of clay soils

Order of July 22, 2020, defining areas exposed to differential ground movement due to drought and rehydration of clay soils, AMENDED BY Order of January 9, 2026, modifying the order of July 22, 2020, defining areas exposed to differential ground movement due to drought and rehydration of clay soils [JORF of January 31, 2026]

As a reminder, a geotechnical study taking into account the map of clay formation exposure zones must be provided, regardless of the exposure level, in the case of:

- construction contracts, established in areas exposed to differential ground movement due to drought and rehydration of soils, for one or more buildings for residential use or for professional and residential use comprising no more than 2 dwellings;

- preliminary sales agreements or, in the absence of such agreements, authentic deeds of sale in the event of the sale of undeveloped building land intended for the construction of individual houses;

The Order of January 9, 2026, updates the map of areas exposed to differential ground movement due to drought and rehydration of clay soils.

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Addition of an industrial platform to the list of industrial platforms

Order of November 18, 2021, establishing the list of industrial platforms provided for by Article L. 515-48 of the Environmental Code, AMENDED BY Order of January 9, 2026 [JORF of 31r January 2026]

As a reminder, an industrial platform is defined as the grouping of classified facilities within a defined and homogeneous territory, leading, through the similarity or complementarity of these facilities' activities, to the pooling of the management of certain necessary goods and services.

The decree of January 9, 2026, completes the list of industrial platforms by adding a new platform: the Baleycourt industrial platform (managed by VALTRIS Entreprises France).

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Energie

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ENERGY

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Evolution of the scope of application of environmental regulations (RE2020)

Construction and Housing Code Articles R. 172-1 to R. 172-13: Building Construction AMENDED BY decree no. 2026-16 of January 15, 2026, concerning the energy and environmental performance requirements for the construction of specific tertiary activity buildings and industrial and craft buildings in metropolitan France [Official Journal of January 17, 2026]

Decree no. 2026-16 of January 15, 2026, extends the scope of application of environmental regulations (RE2020) to the construction of buildings or parts of buildings for which a building permit application or a prior declaration is filed from May 1, 2026, of the following types:

• Industrial and craft buildings;

• Media libraries and libraries;

• Changing rooms only;

• Atypical educational buildings;

• University teaching and research buildings;

• Hotels;

• Early childhood care facilities;

• Restaurants;

• Shops;

• Healthcare facilities with accommodation;

• Healthcare facilities;

• Airport terminals;

• Sports facilities.

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Application procedures for the capacity mechanism

Energy Code Articles R. 316-1 to R. 316-42: General Provisions - Capacity Mechanism ESTABLISHED BY Decree No. 2025-1441 of December 31, 2025, concerning the capacity mechanism established for the security of electricity supply [JORF of 1st January 2026]

As a reminder, to ensure the security of supply for the French electricity system, a new capacity mechanism is being established, replacing the existing capacity mechanism, which expires in November 2026.

This mechanism takes the form of remuneration paid by the public electricity transmission system operator (RTE) to operators of generation, storage, and demand-side management capacities in exchange for their availability commitments.

This chapter of the Energy Code specifies the provisions concerning operators engaged in generation, storage, or demand-side management activities who wish to participate in the capacity mechanism.

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Sécurité

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SECURITY

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Amendments and clarifications concerning offenses that may be observed during road transport inspections of dangerous goods and an update of the associated checklist (appendix IV.2)

Decree of May 29, 2009, concerning the transport of dangerous goods by land (known as the "TMD Decree") AMENDED BY the Decree of December 23, 2025, modifying the Decree of May 29, 2009, "TMD") [Official Journal of 1st January 2026]

The Decree of December 23, 2025, introduces amendments to the provisions concerning road transport inspections of dangerous goods and the offenses observed during these inspections.

It transposes into the TMD Decree Delegated Directive (EU) 2025/1801, amending Directive 2022/1999 of the European Parliament and of the Council concerning uniform procedures for road transport inspections of dangerous goods.

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Provisions applicable to aircraft rescue and firefighting services at aerodromes (ARFFS) and aerodrome firefighters

Decree of December 30, 2025, concerning technical standards applicable to aircraft rescue and firefighting services at aerodromes [Official Journal of 1st January 2026]

This decree specifies the provisions to be implemented by the aerodrome operator for aircraft rescue and firefighting services (ARFFS) at aerodromes, in accordance with the transport code.

It particularly specifies provisions concerning the medical fitness, approval, and training of aerodrome firefighters, the scope of intervention, and the establishment of an agreement for ARFFS collaboration in public emergency missions not involving an aircraft.

In its second part, the decree specifies provisions for ARFFS at aerodromes without a European certificate: firefighter training, category and level of protection, resources, intervention rules, etc.).

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Addition of a transitional provision concerning port security awareness training for personnel not assigned security duties

Order of May 22, 2025 codifying various provisions relating to port security AMENDED BY Order of December 30, 2025 amending various provisions relating to port security [Official Journal of January 4, 2026]

The Order of December 30, 2025 adds the following transitional provision concerning port security awareness training for personnel not assigned security duties: individuals holding, as of January 1, 2026, a permanent access authorization to restricted access areas as stipulated in the transport code must undergo port security awareness training within two months following the next renewal of the permanent access credential to which their authorization entitles them.