HSE and Energy Regulatory Watch for June 2021

Review the main HSE and energy regulatory publications for June 2021: environment, waste, ICPE, water resources, safety, and energy.

Marie Faucon
Consultante HSE
Publication : 
29.06.2021
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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 of publications in the French and European official journals concerning environment, energy, and occupational health and safety for June 2021.

New Texts

Implementing Regulation 2021/876 of 31 May 2021 laying down rules for the application of Regulation (EC) No 1907/2006 as regards authorisation applications and review reports concerning the uses of substances in the production of original spare parts and in the repair of articles and complex products no longer produced, and amending Regulation (EC) No 340/2008 [OJEU of 1st June 2021] AMENDED BY the Corrigendum of 17 June 2021 [OJEU of 17 June 2021].

Order of 4 June 2021 setting the criteria for excavated soil and sediments to cease to be waste, following preparation for use in civil engineering or development [Official Journal of the French Republic of 27 June 2021].

Order of 24 June 2021 approving laboratories or bodies to carry out certain types of sampling and analysis of substance emissions into the atmosphere [Official Journal of the French Republic of 30 June 2021].

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Amended Texts

Regulation (EC) No 1907/2006 of 18 December 2006 (REACH) amended by Commission Regulation (EU) 2021/979 of 17 June 2021 [OJEU of 18 June 2021].

Order of 10 November 2009 setting the technical rules to be met by methanisation facilities subject to authorisation pursuant to Title I of Book V of the Environmental Code AMENDED BY the Order of 14 June 2021 [Official Journal of the French Republic of 30 June 2021].

Order of 22 April 2008 setting the technical rules to be met by composting facilities subject to authorisation pursuant to Title I of Book V of the Environmental Code AMENDED BY the Order of 27 May 2021 [Official Journal of the French Republic of 27 June 2021].

Order of 10 November 2009 relating to the general requirements applicable to classified methanisation facilities subject to declaration under heading No. 2781-1 AMENDED BY the Order of 17 June 2021 [Official Journal of the French Republic of 30 June 2021].

Order of 12 August 2010 relating to the general requirements applicable to classified methanisation facilities subject to the Registration regime under heading No. 2781 of the nomenclature of classified facilities for environmental protection AMENDED BY the Order of 17 June 2021 [Official Journal of the French Republic of 30 June 2021].

Environmental Code Articles D. 541-1 to R. 541-12-18: General provisions relating to waste prevention and management AMENDED BY:

  • Decree No. 2021-835 of 29 June 2021 relating to consumer information on waste sorting rules for products subject to the principle of extended producer responsibility [Official Journal of the French Republic of 30 June 2021].
  • Decree No. 2021-726 of 8 June 2021 relating to the National Circular Economy Council and amending certain provisions relating to the Inter-sectoral Commission for Extended Producer Responsibility [Official Journal of the French Republic of 9 June 2021].

Decree No. 2021-838 of 29 June 2021 relating to priority access to non-hazardous waste storage facilities for waste and sorting residues from high-performance waste recovery facilities [Official Journal of the French Republic of 30 June 2021] AMENDING:

  • Environmental Code Articles R. 541-42 to D. 541-48-1: Waste treatment,
  • Environmental Code Articles R. 541-76 to R. 541-85: Waste – penal provisions.

Construction and Housing Code – Articles R. 111-43 to R. 111-49: Waste from the demolition of categories of buildings AMENDED BY:

  • Decree No. 2021-822 of June 25, 2021 concerning the diagnosis relating to the management of products, equipment, materials, and waste from the demolition or significant renovation of buildings [JORF of June 27, 2021],
  • Decree No. 2021-821 of June 25, 2021 concerning the diagnosis relating to the management of products, equipment, materials, and waste from the demolition or significant renovation of buildings [JORF of June 27, 2021].

Regulation No. 340/2008 of April 16, 2008 concerning fees and charges payable to the European Chemicals Agency pursuant to Regulation No. 1907/2006 (REACH) AMENDED BY:

  • Commission Implementing Regulation 2021/876 of May 31, 2021 laying down rules for the application of Regulation No. 1907/2006 concerning applications for authorisation and review reports relating to the use of substances in the production of original spare parts and in the repair of articles and complex products no longer produced,
  • Corrigendum to Implementing Regulation 2021/876 of May 31, 2021 [OJEU of June 17, 2021].

Directive 2011/65/EU of June 8, 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment AMENDED BY:

  • Corrigendum to Delegated Directive 2021/647 of January 15, 2021 [OJEU of June 24, 2021],
  • Commission Delegated Directive 2021/884 of March 8, 2021 [OJEU of June 2, 2021].

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 June 7, 2021 [JORF of June 25, 2021].

Order of December 26, 2012 concerning the training of safety and health coordinators and the training of coordinator trainers, as well as the minimum guarantees that organizations responsible for these trainings must provide within the framework of the accreditation-certification procedure AMENDED BY the Order of June 8, 2021 adapting the rules relating to the training of safety and health coordinators to allow access for students as part of their university curriculum [JORF of June 18, 2021].

Regulation No. 1272/2008 of December 16, 2008 on the classification, labelling and packaging of substances and mixtures AMENDED BY the Corrigendum to Delegated Regulation 2020/217 of October 4, 2019 [OJEU of June 17, 2021].

Decree No. 2021-795 of June 23, 2021 concerning the quantitative management of water resources and the management of drought-related crisis situations [JORF of June 24, 2021] AMENDS:

  • Environmental Code Articles R. 211-1 to R. 211-21: Resource Management,
  • Environmental Code Articles R. 211-66 to R. 211-110: Areas subject to environmental constraints,
  • Environmental Code – Articles R. 213-13 to R. 213-16: Administrative coordination in the water sector,
  • Environmental Code Articles R. 214-1 to R. 214-60: Authorization or declaration procedures (Water and aquatic and marine environments).

Order of June 9, 2020 concerning the technical design and operating requirements for connection to electricity grids AMENDED BY the Order of May 31, 2021 [JORF of June 16, 2021].

Order of November 7, 2020 concerning the management procedures for aid for decarbonization investments in industrial production tools AMENDED BY the Order of May 28, 2021 [JORF of June 2, 2021].

Order of December 8, 2020 concerning the renewal and creation of programs under the energy savings certificate scheme AMENDED BY the Order of May 12, 2021 concerning the modification of a program under the energy savings certificate scheme [JORF of June 4, 2021].

Environmental Code Articles R. 181-1 to R. 181-56: Environmental authorization AMENDED BY:

  • Decree No. 2021-807 of June 24, 2021 relating to the promotion of efficient, economical, and sustainable use of water resources, in application of Article L. 211-1 of the Environmental Code [JORF of June 26, 2021],
  • Decree No. 2021-795 of June 23, 2021 relating to the quantitative management of water resources and the management of drought-related crisis situations [JORF of June 24, 2021].

Energy Code Articles R. 221-14 to R. 221-25: Issuance of energy savings certificates AMENDED BY:

  • Decree No. 2021-735 of June 8, 2021 amending Article D. 221-20 of the Energy Code [JORF of June 10, 2021],
  • Decree No. 2021-712 of June 3, 2021 relating to the fifth period of the energy savings certificate scheme [JORF of June 5, 2021].

Order of December 29, 2014 relating to the terms of application of the energy savings certificate scheme AMENDED BY the Order of June 2, 2021 [JORF of June 5, 2021].

Implementing Regulation 2018/2067 of December 19, 2018 concerning the verification of data and the accreditation of verifiers pursuant to Directive 2003/87/EC AMENDED BY the Corrigendum to Commission Implementing Regulation 2020/2084 of December 14, 2020 [OJEU of June 9, 2021].

Environmental Code Articles R. 543-42 to R. 543-74: Packaging AMENDED BY Decree No. 2021-763 of June 14, 2021 defining the category of very lightweight plastic bags [JORF of June 17, 2021].

Order of April 4, 2006 relating to the establishment of noise maps and noise prevention plans in the environment AMENDED BY the Order of May 28, 2021 [JORF of June 24, 2021].

Order of March 31, 2021 relating to the methods and procedures applicable to the energy performance diagnosis and the software establishing it AMENDED BY the Order of June 17, 2021 [JORF of June 24, 2021].

Energy Code Articles R. 221-1 to R. 221-13: Individual energy savings obligations AMENDED BY Decree No. 2021-712 of June 3, 2021 relating to the fifth period of the energy savings certificate scheme [JORF of June 5, 2021] and its corrigendum [JORF of June 26, 2021].

Regulation No. 142/2011 of February 25, 2011 implementing Regulation No. 1069/2009 laying down health rules concerning animal by-products and derived products not intended for human consumption AMENDED BY Regulation 2021/899 of June 3, 2021 amending Regulation No. 142/2011 as regards transitional measures for the export of meat and bone meal as fuel [OJEU of June 4, 2021].

Decree No. 2021-837 of June 29, 2021 introducing various reforms concerning environmental assessment and public participation in the environmental field [JORF of June 30, 2021] AMENDS:

  • Environmental Code Articles R. 122-1 to R. 122-15: Impact studies for works and development projects,
  • Environmental Code Articles R. 122-25 to R. 122-27: Common and coordinated environmental assessment procedures,
  • Environmental Code Articles R. 123-1 to R. 123-46-2: Public participation in decisions affecting the environment.

Decree No. 2021-713 of June 3, 2021 adopted to adapt Chapter III of Title III of Book III of Part 1 of the Defence Code [JORF of June 5, 2021] AMENDS:

  • Defence Code Articles R. 1333-70 to D. 1333-79: Miscellaneous provisions,
  • Defense Code Articles R. 1332-1 to R. 1332-42: Protection of critical infrastructure,
  • Defense Code Articles R. 1333-1 to R. 1333-19: Protection and control of nuclear materials not allocated to the means necessary for the implementation of the deterrence policy.

Order of December 7, 2020 approving laboratories or organizations to carry out certain types of sampling and analyses of substance emissions into the atmosphere REPEALED BY the Order of June 24, 2021 approving laboratories or organizations to carry out certain types of sampling and analyses of substance emissions into the atmosphere [JORF of June 30, 2021].