EHS and Energy Regulatory Watch July and August 2025

French and European texts concerning the environment, energy and health and safety at work in July and August 2025

Léa Soler
EHS Consultant
Update : 
24.10.2025
Publication: 
30.09.2025

The list below is an extract from the French and European official gazettes concerning the environment, energy and occupational health and safety for July and August 2025.

Environment

ENVIRONMENT

Dematerialization of accident and incident declarations and reports for facilities classified for environmental protection (ICPE)

Code de l'environnement Articles R. 512-68 à R. 512-100 : Dispositions communes à l'autorisation, à l'enregistrement et à la déclaration MODIFIÉ PAR le décret n° 2025-804 du 11 août 2025 portant diverses dispositions de simplification du droit de l'environnement [JORF du 13 août 2025].

Decree no. 2025-804 of August 11, 2025 now provides for accident or incident declarations and reports to be sent in electronic form via a remote procedure (site not yet defined).

As a reminder, the operator of an ICPE is required to declare, as soon as possible, to the Classified Installations Inspectorate any accidents or incidents arising from the operation of this installation, which are likely to present dangers or inconveniences for the convenience of the neighborhood, health, safety, agriculture, the protection of nature, the environment, etc. In addition, the operator must submit an accident report to the Prefect and the Classified Installations Inspectorate, or an incident report at the Inspectorate's request.

Corrigendum to the entry into force of the battery waste codes    

Commission Decision No 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes AMENDED BY Corrigendum 2025/90657 [OJEU, 19 August 2025].

As a reminder, the Commission's amending decision (EU) 2025/934 of March 5, 2025 had updated the list of battery-related waste codes within the decision establishing the "waste nomenclature". These changes were to apply from November 9, 2026.

Corrigendum 2025/90657 corrects the applicability date of the amending decision of March 5, 2025: the changes made apply from December 9, 2026 (and not November 9, 2026).

From this date onwards, it will be necessary to ensure that the correct waste codes are used for battery waste in the waste register and, where applicable, on waste tracking slips, and that waste tracking slips are drawn up when waste is newly classified as hazardous.

Procedures applicable to mining permits and underground storage permits

Decree no. 2025-851 of August 27, 2025 on mining titles and underground storage titles [JORF of August 28, 2025].

As part of the reform of the mining code introduced by Law no. 2021-1104 of August 22, 2021 on combating climate change and strengthening resilience to its effects, this text sets out the provisions applicable to mining titles relating to mining substances. Under this text, the titles concerned are the exclusive research permit and the concession. It repeals decree no. 2006-648 of June 2, 2006 on mining titles and underground storage titles.

Other application decrees were also published in August as part of the reform of the Mining Code, concerning the exploration and exploitation of marine aggregates, mining in overseas territories and geothermal exploration and exploitation.

Modification of headings 2740 and 3650

Code de l'environnement Articles R. 511-9 to R. 511-12: Nomenclature desinstallations classées MODIFIÉ PAR le décret n° 2025-617 du 3 juillet 2025modifiant la nomenclature des installations classées pour la protection del environnement [JORF du 5 juillet 2025].

Decree no. 2025-617 of July 3, 2025 amends headings 2740 (incineration of animal corpses) and 3650 (disposal or recycling of animal carcasses or waste):

- It excludes from heading 2740 installations classified under heading 3650;

- It replaces the term "animal waste" with "animal by-products" in heading 3650 in order to transpose Directive (EU)2024/1785 of April 24, 2024 (which amended the IED Directive). This heading now covers the disposal or recycling of carcasses or animal by-products, with a processing capacity of over 10 tonnes per day.

Energy

ENERGY

Methodology for energy audits and recognition of auditor competence  

Order of July 10, 2025 concerning the procedures for carrying out energy audits in companies and the procedures for recognizing the competence of energy auditors [JORF of July 13, 2025].

This order sets out the following points:

- Methodology for energy audits and audit reports;

- Recognition of the competence of external or internal auditors.

Tax thresholds for the installation of shading systems integrating a renewable energy production process (En) in French overseas departments and regions (DROM)

Décret n° 2025-802 du 11 août 2025 fixant les seuils d'assujettissement à l'obligation prévue à l'article 40 de la loi n° 2023-175 du 10 mars 2023 relative à l'accélération de la production d'énergies renouvelables, pour les parcs de stationnement extérieurs situés dans les départements et les régions de la Guadeloupe, de la Guyane, de la Martinique et de La Réunion [JORF du 13 août 2025]

As a reminder, Law no. 2023-175 of March 10, 2023 on the acceleration of renewable energy production, known as the "APER Law", introduced the obligation to equip parking lots of over 1,500 m² existing on July 1, 2023, over at least 50% of their surface area, with shading systems incorporating a renewable energy production process.

The purpose of this decree is to set different thresholds for the DROMs in terms of the obligation to install shading systems. These thresholds range from 1,000 m² to 2,500 m², depending on the territory concerned.

Security

SAFETY

Procedures for declaring occupational health and safety training courses by training organizations and employers in the prevention passport

Decree no. 2022-1712 of December 29, 2022 concerning approval of the deliberation of the national committee for occupational health and prevention of the Conseil d'orientation des conditions de travail setting out the procedures for implementing the prevention passport and making it available to employers MODIFIED BY decree no. 2025-748 of August 1, 2025 specifying the procedures for declaring occupational health and safety training by training organizations and employers in the prevention passport [JORF of August 2, 2025].

As a reminder, the prevention passport is a service, stemming from the 2021 "health at work" law, aimed at improving occupational health and safety risk prevention. Its aim is to link workers/employers/training organizations in order to ensure traceability of training courses relating to the prevention of occupational risks and to facilitate their management.

First of all, the training courses to be included in the prevention passport are specified. These are those that must :

- To meet an occupational risk prevention objective or the general obligation to train workers;

- Issue a training certificate or proof of successful completion to the holder of the Professional Training Account (CPF);

- Enable the knowledge and skills acquired or developed during training to be put to good use, and ensure that this knowledge and skills can be transferred to any other workstation involving similar occupational hazards to those present in the workstation occupied by the worker at the time of training.

The training courses excluded from inclusion in the prevention passport are also specified.

The declaration deadlines are mentioned, firstly for the transitional period (deployment of the prevention passport is still in progress) and then for the period of nominal operation. For training organizations, these provisions apply from September1, 2025. For employers, they will apply from January1, 2027 at the latest, depending on how far deployment of the online tool has progressed.

New signage models and perimeter definitions for smoking bans and designated smoking areas

Arrêté du 21 juillet 2025 fixant les périmètres et les modèles de signalisation prévus respectivement aux articles R. 3512-2 et R. 3512-7 du code de la santé publique [JORF of July 22, 2025].

This decree sets out the new models of signage to be affixed in places where smoking is prohibited (appendix 1) and in areas designated for smokers (appendix 2). Signs must comply with certain graphic provisions (appendix 3). This text repeals the models set out in the Order of December 1, 2010.

As of July 23, 2025, the new smoking ban signage model must be displayed in places where smoking is banned (workplaces, establishments open to the public, etc.), unless the current signage complies with the Decree of December 1, 2010, or has been implemented in application of a municipal bylaw, provided that it mentions :

§ The principle of the smoking ban,

§ The Tabac-info-service national quitline,

§ The reference to article R. 3512-2,

§ Penalties in the event of infringement.

The new model signage for smoking areas must also be displayed, either from July 23, 2025, or from January 22, 2026 if the existing signage is deemed to comply with the Decree of December 1, 2010.

Modification of specific exemptions for the use of perfluorooctanoic acid (PFOA), its salts and related compounds

Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (POPs) AMENDED BY Commission Delegated Regulation (EU) 2025/1399 of 5 May 2025 [OJEU 14 July 2025].

This amending regulation, published on July 14, 2025, modifies the data relating to perfluorooctanoic acid (PFOA), its salts and related compounds in Annex I of the POP regulation. The derogation for the use of PFOA, its salts and PFOA-related compounds in fire-fighting foam for suppressing liquid fuel vapors and fighting liquid fuel fires (Class B fires), which is already contained in the systems, has been extended to December 3, 2025 (originally planned to July 4, 2025).

The definition of fire-fighting foam has also been clarified. In addition, two derogations are introduced for perfluorooctanoic acid (PFOA), its salts and related compounds when present as unintentional trace contaminants.