HSE and Energy Regulatory Watch for July and August 2026

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Discover the main regulatory changes published in July and August 2026, along with their practical implications for the environment, energy, and occupational health and safety.

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ENVIRONMENT

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New obligations for certain classified installations 2790 and 2791 regarding PFAS

Order of July 16, 2026, regarding the treatment of liquid waste in certain facilities falling under headings 2790 (hazardous waste treatment) or 2791 (non-hazardous waste treatment) of the nomenclature of facilities classified for environmental protection [Official Journal of July 25, 2026]

Due to the increasing production of liquid waste containing PFAS (firefighting water, polluted water or industrial effluents, rinsing of firefighting equipment that used PFAS) and in order to reduce aqueous PFAS discharges into the natural environment, this order requires certain liquid waste treatment facilities (*) contaminated with PFAS to implement measures (treatment systems, compatibility with the receiving environment, discharge monitoring, etc.).

It applies to:

• ICPEs subject to authorization under heading 2790 (hazardous waste treatment) that carry out liquid waste treatment activities;
• ICPEs subject to declaration or authorization under heading 2791 (non-hazardous waste treatment) that carry out treatment activities for leachate from non-hazardous waste storage facilities, firefighting water containing fluorinated foam concentrates, runoff water from areas where firefighting foams containing fluorinated foam concentrates have been used in significant quantities, rinsing water from firefighting systems using fluorinated foam concentrates, or rinsing water from containers or equipment that have been in contact with fluorinated foam concentrates.

New European requirements for vehicles 

Regulation (EU) 2026/1738 of the European Parliament and of the Council of July 8, 2026, on circularity requirements for vehicle design and on the management of end-of-life vehicles [Official Journal of the EU of July 24, 2026]

Applicable from September 1^st 2028, this regulation sets out, among other things, requirements regarding extended producer responsibility (EPR) for vehicles and requirements for the collection and treatment of end-of-life vehicles (ELVs). The obligations apply to vehicle producers, ELV collection points, ELV treatment facilities, and owners of vehicles that become ELVs. The regulation complements and strengthens existing provisions on this subject in France. 

Procedures for implementing provisions for the protection and sustainable management of hedgerows

Environmental Code Articles R. 412-50 to R. 412-80: Sustainable management of hedgerows CREATED BY Decree No. 2026-829 of August 28, 2026, regarding the unified hedgerow regime [Official Journal of August 31, 2026]

These articles implement the legislative provisions on hedgerows provided for in the Environmental Code (L. 412-21 to L. 412-28) and regulate the maintenance, management, and destruction of hedgerows. Specifically, they detail the declaration procedures for the destruction of hedgerows and the compensatory measures to be provided. 

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ENERGY

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Updates regarding the energy audit platform and expansion to EnMS

Order of May 20, 2016, regarding the data to be provided and user categories for the IT platform provided for in Article L. 233-1 of the Energy Code, AMENDED BY the order of July 2, 2026 [Official Journal of July 5, 2026]

The amending order expands the scope of the energy audit information transmission platform to include the mandatory transmission of information related to Energy Management Systems (EnMS). It also modifies the information to be submitted for energy audits or EnMS.

As a reminder, depending on their average annual final energy consumption, legal entities may be required to implement a certified EnMS or conduct an energy audit. Within 2 months of EnMS certification or the completion of the audit, the subject legal entities must electronically transmit information regarding the fulfillment of their obligations to the administrative authority. 

Raising the environmental assessment threshold for certain photovoltaic installations

Environmental Code, Articles R. 122-1 to R. 122-14: Impact studies for works and development projects, AMENDED BY Decree No. 2026-674 of July 27, 2026, on measures to simplify local public action and standards applicable to local authorities and their groupings [Official Journal of July 28, 2026]

This decree modifies the section concerning photovoltaic electricity production installations (excluding those on roofs and those on parking lot shade structures) in the nomenclature of projects subject to environmental assessment:

• the threshold for mandatory systematic environmental assessment is increased from 1 MWp to 3 MWp for ground-mounted installations;
• consequently, projects with an installed capacity equal to or greater than 300 kWp (unchanged) and less than 3 MWp (instead of less than 1 MWp) are now subject to a case-by-case review.

The purpose of this reform is to align the systematic environmental assessment threshold with the building permit submission threshold under the Urban Planning Code, which is set at 3 MWp.

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SAFETY

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New missions for Occupational Prevention and Health Services (SPST) regarding cardio-neuro-vascular diseases

Labor Code, Articles L. 4622-1 to L. 4622-17: Missions and organization of Occupational Health Services AND Articles L. 4624-1 to L. 4624-10: Actions and resources of multidisciplinary occupational health team members, AMENDED BY Law No. 2026-668 of July 27, 2026, aimed at providing France with a national strategy to combat cardio-neuro-vascular diseases [Official Journal of July 28, 2026]

The law introduces new obligations and potential actions for SPSTs as part of the fight against cardio-neuro-vascular diseases, particularly through the organization of workplace screening campaigns or annual information and awareness initiatives focusing on specific risk factors (gender-based and sexual violence, risks associated with being a caregiver, smoking, alcohol consumption, sedentary lifestyle, obesity, etc.).

It also specifies that, during the mid-career medical examination, the occupational health professional must now raise the worker's awareness of public health issues and cardio-neuro-vascular risk factors that may affect their health at work, and offer the employee early screening for cardio-neuro-vascular diseases and structural heart diseases.