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The list below is an extract from publications in French and European official journals concerning environment, energy, and occupational health and safety for July and August 2024.
ENVIRONMENT
Broadening the scope of the IED Directive and strengthening environmental and health protection rules
Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions and emissions from livestock farming (IED) AMENDED BY Directive (EU) 2024/1785 of the European Parliament and of the Council of 24 April 2024 [OJEU of 15 July 2024]
As a reminder, the directive on industrial emissions and emissions from livestock farming (integrated pollution prevention and control), known as the "IED Directive" (Industrial Emissions Directive), aims to prevent and reduce pollution from industrial activities.
The Directive of 24 April 2024 amends the IED Directive by extending its scope to new activities and more intensive livestock farming, strengthening existing requirements and imposing new ones.
Two key areas have newly been introduced as fundamental obligations for operators:
- The use and, where possible, the production of renewable energy is promoted;
- Material resources, energy, and water are used efficiently, particularly through reuse.
Amendments to restriction measures, during drought periods, concerning water abstraction and water consumption by Classified Facilities for Environmental Protection (ICPE)
Order of 30 June 2023 on restriction measures, during drought periods, concerning water abstraction and water consumption by classified facilities for environmental protection AMENDED BY the Order of 3 July 2024 [JORF of 6 July 2024]
As a reminder, ICPEs subject to authorization or registration abstracting more than 10,000 m3 of water per year must, during drought periods and depending on locally triggered severity levels, implement water abstraction reduction actions.
Firstly, the Order of 3 July 2024 introduces new definitions (mine water, rainwater) and clarifies certain existing definitions (water abstraction, recycled treated wastewater, perishable raw materials…).
Next, the text provides details on the calculation of the reference volume to which reductions apply. The new definition is as follows: it refers to the average daily water withdrawal. For each withdrawal environment, during normal operating periods and outside drought periods, it corresponds to the maximum of either the average daily volumes withdrawn calculated over the previous calendar year or the average daily volumes withdrawn calculated over the corresponding calendar quarter of the previous year (a flat rate of 5% is deducted from this reference volume, corresponding to uses necessary for the safety of installations and environmental protection. The operator may deduct a higher volume, provided it is duly justified). Dewatering volumes may be deducted from the reference volume.
When enhanced alert or crisis severity levels are in effect, the requested information must now be submitted via the digital tool GIDAF (and no longer via the simplified procedures website).
The implementation note for this decree has also been amended to take into account questions and feedback from stakeholders.
Changes to the procedures for cessation of activity for ICPEs subject to authorization, registration, and declaration
Environmental Code Articles R. 512-1 to R. 512-45: Installations subject to Authorization,
Environmental Code Articles R. 512-46-1 to R. 512-46-30: Installations subject to Registration,
Environmental Code Articles R. 512-47 to R. 512-66-3: Installations subject to Declaration
MODIFIED BY Decree No. 2024-742 of July 6, 2024, containing various implementing provisions of the Green Industry Law and environmental simplification [Official Journal of July 7, 2024]
As a reminder, Law No. 2023-973 of October 23, 2023, on green industry introduced several provisions aimed at accelerating and simplifying administrative procedures applicable to businesses in the environmental sector.
Decree No. 2024-742 of July 6, 2024, provides implementing details for this law concerning the cessation of activity of an ICPE. The following elements are notably addressed:
- The rehabilitation report and its soil study diagnosis;
- The content of the management plan;
- The certificate of adequacy of rehabilitation measures;
- The rehabilitation and activity cessation completion report.
Clarifications regarding the removal of financial guarantees for ICPE sites subject to authorization and registration
Decree No. 2024-742 of July 6, 2024, laying down various implementing provisions for the Green Industry Law and environmental simplification (Articles 64 and 66) [JORF of July 7, 2024]
As a reminder, the "Green Industry" Law abolished the obligation for financial guarantees for facilities subject to authorization (except high-threshold Seveso) and registration as listed by order.
This decree therefore specifies the management procedures for financial guarantees currently in place which, having been legally abolished, are no longer owed by operators. Thus:
- The provisions of prefectural orders that, prior to October 25, 2023, prescribed the establishment of financial guarantees are repealed;
- When financial guarantees were established in the form of surety bonds (written commitment from a credit institution, an insurer, providing an autonomous guarantee, etc.), those currently valid are no longer valid;
- When financial guarantees were established by a deposit with the Caisse des Dépôts et Consignations, the release of the corresponding sums is carried out by the latter, at the request of the operators.
The operator requesting to benefit from these provisions must provide proof of the implementation of safety operations.
Water reuse in food sector businesses
Order of July 8, 2024, concerning reused water for the preparation, processing, and preservation in food sector businesses of all foodstuffs and goods intended for human consumption [JORF of July 9, 2024]
As a reminder, the Public Health Code provides for the possibility of reusing certain waters in food sector businesses, particularly for the preparation, processing, and preservation of all foodstuffs and goods intended for human consumption, including for cleaning premises, installations, and equipment.
This text defines the authorized uses of recycled water from raw materials, recycled process water, and recycled treated wastewater.
Use of water unfit for human consumption for domestic purposes
Public Health Code Articles R. 1322-87 to R. 1322-113: Use of water unfit for human consumption for domestic purposes CREATED BY Decree No. 2024-796 of July 12, 2024, concerning the uses of water unfit for human consumption [JORF of July 13, 2024]
As a reminder, the Public Health Code provides that water unfit for human consumption may be used for certain purposes (domestic or in food businesses) when the quality of this water has no influence on the user's health and on the wholesomeness of the final food product.
This new section of the Public Health Code establishes a framework for the use of water unfit for human consumption for domestic purposes. It defines, in particular, the domestic uses for which the use of water unfit for human consumption is possible, the waters (or mixtures) that may be used, as well as the technical and sanitary requirements that must be met for the use of this water.
An Order dated July 12, 2024, sets the health conditions for the use of these waters.
SAFETY
Prevention of electrical risk related to non-electrical work carried out in the vicinity of live overhead and underground electrical structures or installations
Order of July 5, 2024, concerning the prevention of electrical risk related to non-electrical work carried out in the vicinity of live overhead and underground electrical structures or installations [JORF of July 7, 2024]
Pursuant to the provisions of the Labor Code concerning non-electrical work carried out in the vicinity of overhead or underground electrical structures or installations, this Order sets out:
- The list of information and indications regarding the location of electrical structures or installations transmitted to the employer carrying out the work by the operator of the electrical structure or the head of the installation establishment;
- The general safety distances applicable to work carried out in the vicinity of live bare overhead lines, as well as the methods for assessing these distances and the safety requirements to be implemented by the employer when performing this type of work;
- The safe approach zone for work on insulated cables;
- The specific safety distances applicable to certain specific types of work, as well as the methods for assessing these distances and the safety requirements to be implemented by the employer when performing these types of work;
- Work subject to specific authorization or training.
Designation of reference standards for electrical risk prevention
Order of July 5, 2024, concerning standards defining recommended procedures for carrying out operations on or in the vicinity of electrical installations, or for carrying out non-electrical operations in the vicinity of live overhead and underground electrical structures and installations – Electrical risk prevention [JORF of July 7, 2024]
This Order designates the reference standards for electrical risk prevention. The standards concerned are:
- NF C 18-510: January 2012,
- NF C 18-510 /A1,
- NF C 18-550 August 2015.
Training for health professionals and additional accreditation for occupational health and safety services responsible for enhanced individual monitoring of workers exposed to ionizing radiation
Order of August 6, 2024, concerning the training of occupational physicians and other occupational health professionals providing enhanced individual monitoring for workers exposed to ionizing radiation, and the conditions for issuing supplementary accreditation to occupational health services [Official Journal of August 14, 2024]
This order defines the specific training requirements for health professionals, as well as the supplementary accreditation procedures for Occupational Prevention and Health Services (SPST), to ensure enhanced individual monitoring of workers exposed to ionizing radiation. These obligations also apply to occupational health services in agriculture.
As a reminder, the specific training requirement for health professionals was previously limited to personnel working in basic nuclear installations. This obligation is now extended to all activities.