HSE and Energy Regulatory Watch for July and August 2022

Review the HSE and energy regulatory watch for July-August 2022: safety, environment, energy, occupational health, and published European texts.

Marie Faucon
Consultante HSE
Publication : 
08.09.2022
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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 excerpt from publications in the French and European official journals concerning environment, energy, and occupational health and safety for July and August 2022.

New Texts

Safety / Security

Decree No. 2022-1163 of August 18, 2022, concerning the core set of services to be implemented by occupational health services in agriculture [JORF of August 20, 2022]

Decree No. 2022-1045 of July 25, 2022, concerning the experiment raising the authorized gross vehicle weight of vehicles to 46 tons for the road portion of combined transport operations [JORF of July 26, 2022]

Construction and Housing Code Articles L. 181-11 to L. 181-14: Administrative Sanctions – Procedure for implementing equivalent effect solutions, certifications, and compliance with general construction objectives CREATED BY Ordinance No. 2022-1076 of July 29, 2022, aiming to strengthen the control of construction rules [JORF of July 30, 2022] :

Order of July 25, 2022, setting the safety rules and technical provisions applicable to temporary and demountable structures [JORF of August 5, 2022]

Order of July 25, 2022, setting the certification conditions for companies carrying out asbestos removal or encapsulation work, or work on materials, equipment, or articles containing asbestos, and the accreditation conditions for certification bodies [JORF of August 14, 2022]

Decree No. 2022-1097 of July 30, 2022, concerning the health surveillance and safety measures maintained in the fight against COVID-19 [JORF of July 31, 2022]

Environment / Energy

Decree No. 2022-967 of July 1, 2022, establishing aid aimed at compensating for the increase in natural gas and electricity supply costs for companies particularly affected by the economic and financial consequences of the war in Ukraine [JORF of July 2, 2022]

Order of June 30, 2022, concerning the securing of bicycle parking infrastructures in buildings [JORF of July 3, 2022]

Implementing Decision 2022/1307 of July 22, 2022, establishing a watch list of substances subject to Union-wide surveillance in the field of water policy under Directive 2008/105/EC of the European Parliament and of the Council [OJEU of July 26, 2022]

Decree No. 2022-1077 of July 28, 2022, concerning the resilience of networks to natural risks [JORF of July 30, 2022] CREATED :

  • Environmental Code Articles R. 563-30 to R. 563-34: Prevention of network damage due to natural hazards

Internal Security Code Article R. 732-4-1: Ensuring the satisfaction of the population's priority needs

Amended Texts

Security / Safety

Ordinance No. 2022-1076 of July 29, 2022, aiming to reinforce oversight of construction regulations [Official Journal of July 30, 2022]:

AMENDS:

  • Construction and Housing Code Articles L. 111-1 to L. 112-13: Definitions and General Principles for Adherence to Construction Regulations
  • Construction and Housing Code Articles L. 122-7 to L. 122-14: Certifications

REPEALS :

  • Construction and Housing Code Articles L. 182-1 to L. 182-3: Inspections and Penalties – Procedure for implementing equivalent solutions

Order of January 19, 2018, concerning formalities applicable to the production, sale, import, export, and transfer of explosive products AMENDED BY the Order of July 15, 2022 [Official Journal of July 30, 2022]

Internal Security Code Articles R. 251-1 to R. 253-4: Video Surveillance AMENDED BY Decree No. 2022-1152 of August 12, 2022, relating to the expansion of recipients of video surveillance images [Official Journal of August 14, 2022]

Order of October 14, 2019, concerning the control of the manufacture and trade of drug precursors AMENDED BY Order of August 10, 2022, modifying the Order of October 14, 2019, relating to the control of the manufacture and trade of drug precursors [JORF of August 24, 2022]

Labor Code Articles D. 4622-1 to D. 4622-57: Missions and organization of occupational health services MODIFIED BY Decree No. 2022-1031 of July 20, 2022, relating to the standards and principles guiding the development of the specifications for the certification of inter-company occupational prevention and health services [JORF of July 22, 2022]

Directive 2008/68/EC of September 24, 2008, on the inland transport of dangerous goods MODIFIED BY Implementing Decision 2022/1095 of June 29, 2022 [OJEU of 1st July 2022]

Highway Code Articles R. 323-1 to R. 323-27: Technical inspection MODIFIED BY Decree No. 2022-1044 of July 25, 2022, repealing Decree No. 2021-1062 of August 9, 2021, relating to the implementation of technical inspections for two- or three-wheeled motor vehicles and quadricycles [JORF of July 26, 2022]

Law No. 2021-689 of May 31, 2021, relating to the management of the end of the health crisis MODIFIED BY Law No. 2022-1089 of July 30, 2022, ending the exceptional regimes created to combat the COVID-19 epidemic [JORF of July 31, 2022]

Highway Code Articles R. 221-1 to R. 221-21: Fitness verification, issuance, and categories MODIFIED BY Decree No. 2022-1177 of August 24, 2022, modifying Article R. 221-11 of the Highway Code [JORF of August 26, 2022]

Transport Code Articles R. 3313-1 to R. 3313-21: Driving and rest times for drivers MODIFIED BY :

  • Decree No. 2022-1090 of July 29, 2022, relating to supervised driving [Official Journal of July 31, 2022]
  • Decree No. 2022-147 of August 10, 2022, amending the transport code regarding road transport [Official Journal of August 12, 2022]

Order of April 30, 2012, establishing the list of microorganisms and toxins provided for in Article L. 5139-1 of the Public Health Code MODIFIED BY the Order of July 26, 2022 [Official Journal of July 27, 2022]

Decree No. 82-167 of February 16, 1982, relating to specific measures intended to ensure the safety of workers against electrical hazards during the construction, operation, and maintenance of electrical power distribution systems MODIFIED BY Decree No. 2022-1014 of July 19, 2022, relating to the National Register of Companies and adapting other company registers [Official Journal of July 20, 2022]

Rural and Maritime Fishing Code Articles D. 256-1 to R. 256-32: Rules concerning equipment intended for the application of plant protection products MODIFIED BY Decree No. 2022-1015 of July 19, 2022, relating to fees payable under the National Register of Companies and adapting other company registers [Official Journal of July 20, 2022]

Construction and Housing Code Articles R. 125-1 to R. 125-21: Technical inspection MODIFIED BY Decree No. 2022-1025 of July 20, 2022, substituting the name "General Inspectorate for the Environment and Sustainable Development" for the name "General Council for the Environment and Sustainable Development" [Official Journal of July 21, 2022]

Order of July 25, 2022, establishing the certification conditions for companies carrying out asbestos removal or encapsulation work, or work on materials, equipment, or articles containing it, and the accreditation conditions for certification bodies [Official Journal of August 14, 2022] REPEALED :

  • Order of December 14, 2012, establishing the certification conditions for companies carrying out asbestos removal or encapsulation work, or work on materials, equipment, or articles containing it
  • Order of February 22, 2007, defining the certification conditions for companies carrying out asbestos removal or containment work on materials containing asbestos
  • Order of February 22, 2007, defining the containment and removal work for non-friable asbestos-containing materials posing particular risks, for the certification of companies responsible for this work

Environment / Energy

Environmental Code Articles R. 229-45 to R. 229-56: Greenhouse gas emissions assessment and territorial climate-air-energy plan AMENDED BY Decree No. 2022-982 of July 1, 2022 concerning greenhouse gas emissions assessments [Official Journal of July 3, 2022]

Environmental Code Articles R. 515-113 to R. 515-116: Medium combustion plants AMENDED BY Decree No. 2022-970 of July 1, 2022 containing various provisions relating to the environmental assessment of projects, plans and programs and to medium combustion plants [Official Journal of July 2, 2022]

Order of February 29, 2016 concerning certain refrigerants and fluorinated greenhouse gases AMENDED BY Order of July 26, 2022 amending the Order of February 29, 2016 concerning certain refrigerants and fluorinated greenhouse gases [Official Journal of August 3, 2022]

Order of July 26, 2022 defining the content of declarations to the electronic waste tracking slip management system set out in Article R. 541-45 of the Environmental Code, for hazardous waste refrigerants and other hazardous fluid waste in pressurized containers [Official Journal of August 4, 2022]

Environmental Code Articles R. 122-1 to R. 122-15: Impact assessments for works and development projects AMENDED BY :

  • Decree No. 2022-970 of July 1, 2022 containing various provisions relating to the environmental assessment of projects, plans and programs and to medium combustion plants [Official Journal of July 2, 2022]
  • Decree No. 2022-985 of July 4, 2022 amending Article R. 122-14 of the Environmental Code, authorizing the Minister of the Interior to delegate decision-making power in civil emergency situations [Official Journal of July 5, 2022]
  • Decree No. 2022-1025 of July 20, 2022 substituting the name "General Inspectorate for the Environment and Sustainable Development" for the name "General Council for the Environment and Sustainable Development" [Official Journal of July 21, 2022]

Environmental Code Articles R. 214-1 to R. 214-60: Authorization or declaration procedures (Water and aquatic and marine environments) AMENDED BY Decree No. 2022-989 of July 4, 2022, concerning the declaration procedure for water policing [Official Journal of July 5, 2022]

Order of July 13, 2016, concerning the application of Articles R. 111-14-2 to R. 111-14-8 of the Construction and Housing Code REPEALED BY the Order of June 30, 2022, concerning the securing of bicycle parking facilities in buildings [Official Journal of July 3, 2022]

Order of October 22, 2010, concerning the classification and seismic construction rules applicable to buildings of the so-called "normal risk" class AMENDED BY the Order of June 17, 2022 [Official Journal of July 2, 2022]

Order of August 8, 2022, specifying the documentary obligations and the scope of in-depth technical verifications and inspections of authorized or conceded hydraulic structures [Official Journal of August 13, 2022]

Decree No. 2022-975 of July 1, 2022, concerning the extension of the extended producer responsibility scheme for furnishing elements to textile decorative items and amending various provisions relating to waste [Official Journal of July 3, 2022] AMENDS :

  • Environmental Code Articles R. 543-240 to R. 543-256-1: Furnishing Elements
  • Environmental Code Articles D. 541-1 to R. 541-12-24: General Provisions concerning Waste Prevention and Management
  • Environmental Code Articles R. 541-76 to R. 541-85-3: Waste – Penal Provisions
  • Environmental Code Articles R. 541-86 to R. 541-179: General Provisions concerning Extended Producer Responsibility
  • Environmental Code Articles R. 543-171-1 to R. 543-206-4: Electrical and Electronic Equipment
  • Environmental Code Articles R. 543-288 to R. 543-290-12: Construction Products or Materials for the Building Sector

Law No. 2022-1157 of August 16, 2022, amending finance law for 2022 [Official Journal of August 17, 2022] AMENDS :

  • Environmental Code Articles L. 541-1 to L. 541-50: Waste Prevention and Management
  • Customs Code Articles 266 sexies to 266 quindecies: Taxes – TGAP
  • Environmental Code Articles L. 571-1 to L. 571-26: Noise Control

Order of December 10, 2021 establishing the list of operators of installations subject to authorization for greenhouse gas emissions as well as the amount of free emission allowances allocated to operators of installations for which free emission allowances are allocated, for the period 2021-2025 AMENDED BY the Order of June 24, 2022 [Official Journal of July 10, 2022]

Environmental Code Articles R. 211-1 to R. 211-21-3: Resource Management (Water and Aquatic and Marine Environments) AMENDED BY Decree No. 2022-1078 of July 29, 2022 relating to the quantitative management of resources outside the low-water period [Official Journal of July 30, 2022]

Environmental Code Articles R. 213-13 to R. 213-16: Administrative Coordination in the Water Sector AMENDED BY Decree No. 2022-1078 of July 29, 2022 relating to the quantitative management of resources outside the low-water period [Official Journal of July 30, 2022]

Environmental Code Articles R. 181-1 to D. 181-57: Environmental Authorization AMENDED BY :

  • Decree No. 2022-1025 of July 20, 2022 substituting the name "General Inspectorate for the Environment and Sustainable Development" for the name "General Council for the Environment and Sustainable Development" [Official Journal of July 21, 2022]
  • Decree No. 2022-1078 of July 29, 2022 relating to the quantitative management of resources outside the low-water period [Official Journal of July 30, 2022]

Decree No. 2022-1025 of July 20, 2022 substituting the name "General Inspectorate for the Environment and Sustainable Development" for the name "General Council for the Environment and Sustainable Development [Official Journal of July 21, 2022] AMENDED :

  • Environmental Code Articles R. 541-13 to R. 541-41-28: Waste Prevention and Management Plans
  • Environmental Code Articles R. 122-25 to R. 122-27: Common and Coordinated Environmental Impact Assessment Procedures
  • Environmental Code Articles R. 501-1 to D. 510-7: Technical Investigations and High Council for Technological Risk Prevention

LAW No. 2022-1158 of August 16, 2022 on emergency measures for the protection of purchasing power [Official Journal of August 17, 2022] AMENDS:

  • Energy Code Articles 143-4 to L. 143-6-2: Specific Provisions for Electricity and Gas
  • Energy Code Articles L. 431-3 to L. 431-6-5: Missions of Transmission System Operators
  • Energy Code Articles L. 434-1 to L. 434-4: Natural Gas Consumption Curtailment
  • Energy Code Articles L. 321-6 to L. 321-17-2: Missions of the Transmission System Operator
  • Energy Code Articles L. 311-1 to L. 311-27: General Provisions on Electricity Production
  • Environmental Code Articles L. 222-1 A to L. 222-9: Planning
  • Energy Code Articles L. 453-1 to L. 453-10: Connection to Gas Networks

Environmental Code Articles D. 543-291 to D. 543-293: Methanization of Non-Hazardous Waste or Raw Plant Materials AMENDED BY Decree No. 2022-1120 of August 4, 2022 on crops used for biogas and biofuel production [Official Journal of August 5, 2022]

Order of December 29, 2014 on the implementation modalities of the energy savings certificate scheme AMENDED BY :

  • Order of July 12, 2022 amending the Order of December 29, 2014 on the implementation modalities of the energy savings certificate scheme and the Order of December 22, 2014 defining standardized energy saving operations [Official Journal of August 3, 2022]
  • Order of July 25, 2022 amending the Order of December 22, 2014 defining standardized energy saving operations and the Order of December 29, 2014 on the implementation modalities of the energy savings certificate scheme [Official Journal of July 25, 2022]

Order of 28 September 2021, as amended, relating to controls under the energy savings certificate scheme AMENDED BY the Order of 20 July 2022 amending certain provisions relating to controls under the energy savings certificate scheme and the standardized operation sheet BAR-TH-159 [JORF of 4 August 2022]

Order of 28 July 2022 relating to the application file for authorization to use treated wastewater [JORF of 4 August 2022]

Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 AMENDED BY Commission Implementing Regulation (EU) 2022/1371 of 5 August 2022 correcting certain language versions of Implementing Regulation (EU) 2018/2066 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council [OJEU of 8 August 2022]

Implementing Decision 2020/1161 of 4 August 2020 establishing a watch list of substances for Union-wide monitoring in the field of water policy under Directive 2008/105/EC of the European Parliament and of the Council REPEALED BY Implementing Decision 2022/1307 of 22 July 2022 [OJEU of 26 July 2022].

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