HSE and Energy Regulatory Watch for July-August 2020

Find new publications and amendments to French and European official journals during summer 2020 in the fields of environment, energy, and occupational health and safety.

Marie Faucon
Consultante HSE
Publication : 
10.09.2020
Table of Contents
Example H2
Request a demo

Please note: This article concerns French legislation. The requirements described may not apply in other countries.

‍

The list below is an excerpt of publications in French and European official journals concerning environment, energy, and occupational health and safety from summer 2020.

New texts

Order of July 24, 2020, concerning the maintenance of thermodynamic systems with a nominal power output between 4 kW and 70 kW [JORF of July 31, 2020]

Order of July 24, 2020, concerning the periodic inspection of thermodynamic systems and heating-ventilation systems with a useful nominal power output exceeding 70 kilowatts [JORF of July 31, 2020]

Construction and Housing Code Articles R.111-22-4 to R.111-22-9: Control of building technical systems ESTABLISHED BY Decree No. 2020-887 of July 20, 2020, concerning the automation and control system for non-residential buildings and automatic heat regulation [JORF of July 21, 2020]

Order of July 24, 2020, concerning energy performance contracts [JORF of July 31, 2020]

Order of August 20, 2020, setting the maximum distance provided for in point 11 of Article R. 3314-15 of the Transport Code [JORF of August 21, 2020]

Labor Code Article L. 1237-9-1: Voluntary retirement - Employee awareness of cardiac arrest prevention and life-saving actions ESTABLISHED BY Law No. 2020-840 of July 3, 2020, aiming to create the status of citizen rescuer, combat cardiac arrest, and raise awareness of life-saving actions [JORF of July 4, 2020]

Order of June 30, 2020, concerning the rules for siting electricity generation facilities using wind mechanical energy within a facility subject to authorization or declaration under heading 2980 of the legislation on classified facilities for environmental protection, in relation to aeronautical safety issues [JORF of July 29, 2020]

Order of June 30, 2020, defining the restoration works for the natural functionalities of aquatic environments falling under heading 3.3.5.0 of the nomenclature annexed to Article R. 214-1 of the Environmental Code [JORF of July 2, 2020]

Energy Code Articles L. 741-1 to L. 742-3: Subscription contracts for a heating or cooling network ESTABLISHED BY Ordinance No. 2020-866 of July 15, 2020, containing various provisions for adaptation to European Union law in the field of energy and climate [JORF of July 16, 2020]

Decree No. 2020-886 of July 20, 2020, concerning the terms of access to consumption and billing information related to heat, cold, and domestic hot water consumption in multi-occupancy buildings equipped with individual cost allocation devices for heating, cooling, or domestic hot water, and in buildings connected to a heating or cooling network [JORF of July 21, 2020] ESTABLISHES:

  • Energy Code Article R. 713-1: Miscellaneous provisions
  • Energy Code Articles R. 741-1 to L. 742-2: Subscription contracts for a heating or cooling network

Order of July 24, 2020, concerning the information of the owner or co-owners' association of a residential or mixed-use (professional and residential) building connected to a heating or cooling network [JORF of July 31, 2020]

Order of July 8, 2020, concerning measuring systems for liquids other than water [JORF of July 12, 2020]

Order of July 10, 2020, concerning the ambient air quality index [JORF of July 29, 2020]

Decision 2020/1161 of August 4, 2020, establishing a watch list of substances subject to Union-wide monitoring in the field of water policy [JOUE of August 6, 2020]

Order of August 6, 2020 concerning the procedures for establishing a simple immediate protection perimeter for water abstraction points intended for human consumption, issued pursuant to the provisions of Article L. 1321-2 of the Public Health Code [Official Journal of August 9, 2020]

Order of July 22, 2020 defining the zones exposed to the phenomenon of differential ground movement resulting from drought and rehydration of clay soils [Official Journal of August 9, 2020]

Order of July 22, 2020 concerning specific construction techniques in zones exposed to the phenomenon of differential ground movement resulting from drought and rehydration of soils [Official Journal of August 15, 2020]

Amended Texts

Order of July 24, 2020 concerning boiler inspections [Official Journal of July 31, 2020] AMENDS:

  • Order of October 2, 2009 concerning boiler inspections with a nominal power output greater than 400 kilowatts and less than 20 megawatts
  • Order of September 15, 2009 concerning the annual maintenance of boilers with a nominal power output between 4 and 400 kilowatts
  • Order of December 15, 2016 defining the criteria for certifying the skills of natural persons carrying out periodic inspections of air conditioning systems and reversible heat pumps with a cooling capacity greater than 12 kilowatts, and the accreditation criteria for certification bodies

Decree No. 2020-828 of June 30, 2020 amending the nomenclature and procedure concerning water regulations [Official Journal of July 2, 2020] AMENDS:

  • Environmental Code Articles R. 211-22 to R. 211-65: Discharges liable to impair water quality and harm aquatic environments
  • Environmental Code Articles R. 214-106 to R. 214-106-1: Sanitation (Water and aquatic and marine environments
  • Environmental Code Articles R. 214-1 to R. 214-60: Authorization or declaration procedures (Water and aquatic and marine environments)
  • Environmental Code Articles R. 511-9 to R. 511-12: Nomenclature of classified installations
  • General Code of Local Authorities Articles R. 2224-6 to R. 2224-21: Provisions concerning wastewater treatment

Environmental Code Articles R. 181-1 to R. 181-56: Environmental authorization AMENDED BY Decree No. 2020-829 of June 30, 2020 concerning the composition of the environmental authorization file provided for in Article L. 181-8 of the Environmental Code for collective wastewater treatment systems of the sanitation agglomeration and non-collective sanitation installations [Official Journal of July 2, 2020]

Order of August 9, 2006 concerning the levels to be taken into account during an analysis of discharges into surface waters or marine, estuarine, or river/canal sediments falling respectively under headings 2.2.3.0, 4.1.3.0, and 3.2.1.0 of the nomenclature annexed to Decree No. 93-743 of March 29, 1993 AMENDED BY Order of June 30, 2020 [Official Journal of July 2, 2020]

Decree No. 2020-843 of July 3, 2020 introducing various provisions for adapting rules concerning the safety and authorization of transport and distribution pipelines [Official Journal of July 4, 2020] AMENDS:

  • Environmental Code Articles R. 554-40 to R. 554-61: Safety of hazardous transport and distribution pipelines
  • Environmental Code Articles R. 555-1 to R. 555-29: Pipelines for the transport of gas, hydrocarbons, and chemical products
  • Environmental Code Articles R. 555-30 to R. 555-36: Public utility easements - Declaration of public utility

Decree No. 2020-844 of July 3, 2020 concerning the environmental authority and the authority responsible for case-by-case examination [Official Journal of July 4, 2020] AMENDS:

  • Environmental Code Articles R. 122-1 to R. 122-15: Impact assessments for works and development projects
  • Environmental Code Articles R. 123-1 to R. 123-46-2: Public participation in decisions affecting the environment
  • Environmental Code Articles R. 181-1 to R. 181-56: Environmental authorization
  • Town Planning Code Articles R.* 431-4 to R.* 431-34-1: Building permit application file
  • Environmental Code Articles R. 214-61 to R. 214-70: Allocation of flow for certain uses (Water and aquatic and marine environments)
  • Environmental Code Articles R. 214-1 to R. 214-60: Authorization or declaration procedures (Water and aquatic and marine environments)
  • Environmental Code Articles R. 414-1 to R. 414-29: Natura 2000 Sites

Order of March 5, 2014 defining the terms of application of Chapter V of Title V of Book V of the Environmental Code and establishing regulations for the safety of pipelines transporting natural or similar gas, hydrocarbons, and chemical products AMENDED BY the Order of July 3, 2020 [Official Journal of July 4, 2020]

Ordinance No. 2020-866 of July 15, 2020 containing various provisions for adaptation to European Union law in the field of energy and climate [Official Journal of July 16, 2020] AMENDS:

  • Construction and Housing Code Articles L. 111-9 to L. 111-10-4: Energy and environmental performance and energy and environmental characteristics
  • Construction and Housing Code Articles L. 171-1 to L. 175-1: Energy and environmental performance
  • Energy Code Articles L. 241-1 to L. 242-4: Heating and air conditioning installations
  • Energy Code Articles L. 711-1 to L. 714-2: Heat production and the classification of heating and cooling networks
  • Environmental Code Articles L. 224-1 to L. 224-12: National technical measures for preventing air pollution and rational energy use

Order of June 28, 2002 establishing certain modalities for the metrological control of measuring systems for liquids other than water REPEALED BY the Order of July 8, 2020 concerning measuring systems for liquids other than water [Official Journal of July 12, 2020]

List of European regulations concerning energy labelling of products AMENDED BY Regulation 2020/1059 of April 27, 2020 rectifying certain language versions concerning the labelling of certain energy-related products [Official Journal of the European Union of July 20, 2020]

Energy Code Articles R. 241-6 to R. 241-20: Mandatory equipment for multi-occupancy residential or mixed-use (professional and residential) buildings and distribution of heating and cooling costs - Provisions relating to hot water costs in multi-occupancy buildings AMENDED BY Decree No. 2020-886 of July 20, 2020 concerning the modalities for accessing consumption and billing information related to heat, cooling, and domestic hot water consumption in multi-occupancy buildings equipped with individual metering devices for heating, cooling, or domestic hot water costs and in buildings connected to a heating or cooling network [Official Journal of July 21, 2020]

Directive No. 2003/87/EC of October 13, 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community AMENDED BY Decision 2020/1071 of May 18, 2020 concerning the exclusion of flights from Switzerland from the EU Emissions Trading System [Official Journal of the European Union of July 21, 2020]

Order of June 15, 2012, establishing the list of road, rail, port, or inland waterway infrastructure works and multimodal facilities subject to the provisions of the regulatory part of the Environmental Code implementing Article L. 551-2 of the Environmental Code AMENDED BY the Order of July 7, 2020 [Official Journal of the French Republic of July 25, 2020]

Environmental Code Articles R.224-16 to R. 224-59: Movable property other than motor vehicles (air and atmosphere) AMENDED BY Decree No. 2020-912 of July 28, 2020, concerning the inspection and maintenance of boilers, heating systems, and air conditioning systems [Official Journal of the French Republic of July 29, 2020]

List of approved experts whom the Health, Safety and Working Conditions Committee (CHSCT) or the Social and Economic Committee (CSE) may consult AMENDED BY the Order of June 24, 2020 [Official Journal of the French Republic of July 3, 2020]

Transport Code Articles L. 1432-1 to L. 1432-14: Freight transport contracts AMENDED BY Decree No. 2020-845 of July 3, 2020, concerning the standard contract applicable to public road transport of rolling vehicles carried by car transporters [Official Journal of the French Republic of July 4, 2020]

Regulation 2019/1021 of June 20, 2019, on persistent organic pollutants AMENDED BY:

  • the corrigendum to Regulation 2020/784 of April 8, 2020 [Official Journal of the European Union of July 9, 2020]
  • Regulation 2020/1203 of June 9, 2020, amending Annex I as regards the entry for perfluorooctane sulfonic acid and its derivatives (PFOS) [Official Journal of the European Union of August 18, 2020]
  • Regulation 2020/1204 of June 9, 2020, amending Annex I as regards the listing of dicofol [Official Journal of the European Union of August 18, 2020]

Labour Code Articles R. 1262-1 to R. 1263-21: Workers temporarily posted by a company not established in France: Posting conditions and applicable regulations - Control AMENDED BY Decree No. 2020-916 of July 28, 2020, concerning posted workers and the fight against unfair competition [Official Journal of the French Republic of July 29, 2020]

Regulation (EC) No 1907/2006 of December 18, 2006, concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) AMENDED BY Regulation 2020/1149 of August 3, 2020, amending Annex XVII as regards diisocyanates [Official Journal of the European Union of August 4, 2020]

Regulation (EC) No 1272/2008 of the European Parliament and of the Council of December 16, 2008, on classification, labelling and packaging of substances and mixtures AMENDED BY Regulation 2020/1182 of May 19, 2020 [Official Journal of the European Union of August 11, 2020]

Decree No. 2020-1078 of August 20, 2020, concerning the initial qualification and continuous training of drivers of certain road vehicles used for the transport of goods or passengers [Official Journal of the French Republic of August 21, 2020] AMENDS:

  • Transport Code Articles R. 3314-1 to R. 3314-28: Professional training for drivers
  • Transport Code Articles R. 3315-1 to R. 3315-2: Investigation and reporting of infringements

Decree No. 2020-1088 of August 24, 2020, containing various provisions relating to the exercise of the road transport profession and amending the Highway Code [Official Journal of the French Republic of August 26, 2020] AMENDS:

  • Highway Code Articles R. 312-19 to R. 312-25: Dimensions and loading conditions
  • Highway Code Articles R. 317-1 to R. 317-7: Speed control and limiting devices

Order of August 26, 2020, concerning measuring instruments [Official Journal of the French Republic of August 30, 2020] AMENDS:

  • Order of October 1, 1981, concerning the type approval, initial verification, and post-installation verification of tachographs used in road transport
  • Order of December 31, 2001, establishing the procedures for applying certain provisions of Decree No. 2001-387 of May 3, 2001, concerning the control of measuring instruments
  • Order of March 6, 2007, concerning the inspection of cold water meters in service
  • Order of September 3, 2010, concerning thermal energy meters
  • Order of October 21, 2010, concerning fuel gas meters
  • Order of August 1, 2013, concerning active electrical energy meters

Order of February 27, 2020, validating 12 programs under the energy savings certificate scheme AMENDED BY the Order of July 27, 2020, modifying a program under the energy savings certificate scheme [JORF of August 6, 2020]

Ordinance No. 2020-920 of July 29, 2020, concerning waste prevention and management [JORF of July 30, 2020] AMENDS:

  • Environmental Code Articles L. 541-1 to L. 541-50: Waste prevention and management
  • General Code of Local Authorities Articles L. 2333-76 to L. 2333-80: Fee for the removal of waste, refuse, and residues, household waste removal fee for campsites, and special fee

Order of December 15, 2016, concerning the periodic inspection of air conditioning systems and reversible heat pumps with a cooling capacity exceeding 12 kilowatts REPEALED BY the Order of July 24, 2020, concerning the periodic inspection of thermodynamic systems and ventilation systems combined with heating with a nominal useful output exceeding 70 kilowatts [JORF of July 31, 2020]

Order of August 27, 2012, concerning the individual determination of heat and cold quantities and the distribution of heating and cooling costs in multi-occupancy residential buildings or mixed-use (professional and residential) buildings AMENDED BY the Order of July 24, 2020, concerning occupant information on heat, cold, and domestic hot water consumption and on the quantity of heat, cold, and domestic hot water consumed, in multi-occupancy residential buildings or mixed-use (residential and professional) buildings [JORF of July 31, 2020]

Decision 2018/840 of June 5, 2018, establishing a watch list of substances subject to Union-wide monitoring in the field of water policy REPEALED BY Decision 2020/1161 of August 4, 2020, establishing a watch list of substances subject to Union-wide monitoring in the field of water policy [OJEU of August 6, 2020]

List of standardized energy saving operations AMENDED BY:

  • the Order of July 24, 2020, amending the Order of December 22, 2014, defining standardized energy saving operations [JORF of August 2, 2020]
  • the Corrigendum to the Order of July 24, 2020 [JORF of August 8, 2020]

Order of January 24, 2014, establishing the list of operators to whom greenhouse gas emission allowances are allocated and the amount of allowances allocated free of charge for the period 2013-2020 AMENDED BY the Order of July 31, 2020 [JORF of August 13, 2020]

Decree No. 2020-1060 of August 14, 2020, concerning the legal framework for the regional development plan AMENDS:

  • Environmental Code Articles R. 213-50 to R. 213-77: Water and Biodiversity Committees and water agencies of the overseas departments
  • Environmental Code Articles R. 229-45 to R. 229-56: Greenhouse gas emissions assessment and territorial climate-air-energy plan

Environmental Code Articles D. 213-17 to R. 213-48-52: Basin committees and water agencies AMENDS:

  • Decree No. 2020-1062 of August 17, 2020, concerning basin committees [JORF of August 13, 2020]
  • Decree No. 2020-954 of July 31, 2020, concerning water agencies [Official Journal of August 2, 2020]

Tariff orders setting the conditions for purchasing and remuneration supplements for electricity produced from renewable energy sources or cogeneration facilities AMENDED BY the Order of August 21, 2020, repealing the order of November 3, 2016, setting the purchase and remuneration supplement conditions for electricity produced by combined heat and power (CHP) facilities using natural gas, located in mainland metropolitan France and demonstrating particular energy efficiency [Official Journal of August 23, 2020]

Energy Code Articles R. 314-1 to R. 314-52-11: Support mechanisms for renewable energies and natural gas-fired cogeneration AMENDED BY Decree No. 2020-1079 of August 21, 2020, removing eligibility for remuneration supplements and the purchase obligation for combined heat and power (CHP) facilities using natural gas [Official Journal of August 23, 2020]

Decree No. 2020-1094 of August 27, 2020, concerning the health safety of water and food [Official Journal of August 293, 2020] AMENDS:

  • Public Health Code Articles R. 1321-1 to D. 1321-105: Drinking water
  • List of environmental procedures: deadlines for approval or refusal in case of administrative silence

Order of July 22, 2004, concerning air quality indices REPEALED BY the Order of July 10, 2020, concerning the ambient air quality index [Official Journal of July 29, 2020]

‍