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ENVIRONMENT
Harmonization and clarification of provisions concerning fire risk prevention in waste management facilities
Order of May 6, 2025, amending certain provisions relating to waste management facilities, particularly concerning accident prevention in the waste sector within facilities subject to registration or declaration under headings 2710 (waste collection facilities for waste brought by the initial producer), 2711 (transit, grouping, or sorting of electrical and electronic waste), 2712 (end-of-life transport vehicles), 2713 (transit, grouping, or sorting of metals or metal waste), 2714 (transit, grouping, or sorting of paper/cardboard, plastic, rubber, textile, wood waste), 2716 (transit, grouping, or sorting of non-hazardous non-inert waste), 2718 (transit, grouping, or sorting of hazardous waste), 2781 (methanization of non-hazardous waste or raw plant material), 2791 (treatment of non-hazardous waste), 2792 (treatment of waste containing PCBs/PCTs) and 2794 (shredding of non-hazardous plant waste) in the nomenclature of classified facilities for environmental protection [JORF of June 20, 2025]
Since 2023, requirements concerning fire risk assessment have been introduced or strengthened within Classified Facilities for Environmental Protection (ICPE). Following feedback from various professionals concerned, the decree of May 6, 2025, harmonizes and clarifies a number of provisions.
With the aim of reducing accidents in the waste sector and in accordance with the relevant ministerial decrees on general requirements (AMPG), the modifications particularly address the following points:
- Harmonization of certain definitions in connection with various AMPGs, particularly with the decree of April 11, 2017, relating to section 1510 (covered warehouses), clarification of requirements (stock accounting, automatic fire detection and monitoring, specific containers or premises where batteries are stored, consideration of lighting and ignition batteries, etc.) and strengthening of fire-fighting provisions;
- Extension of obligations for the separation and storage of Waste Electrical and Electronic Equipment (WEEE) to all batteries (and no longer only lithium batteries);
- Clarification on the applicability of definitions for existing facilities;
- ...
Strengthening of provisions relating to the storage of flammable liquids, integration of accessory monitoring into tank aging surveillance, and various corrections
Decree of June 12, 2025, amending the decrees of September 24, 2020 and of October 3, 2010 relating to the storage of flammable liquids, operated within an environmentally classified facility subject to authorization, theOrder of October 4, 2010 concerning the prevention of accidental risks within installations classified for environmental protection subject to authorization, theOrder of June 1, 2015 concerning the general requirements applicable to installations subject to the registration regime under at least one of the headings 4331 or 4734 and theorder of December 22, 2008 concerning the general requirements applicable to classified installations subject to declaration under one or more of headings no. 1436, 4330, 4331, 4722, 4734, 4742, 4743, 4744, 4746, 4747 or 4748, or for crude oil under one or more of headings no. 4510 or 4511 [JORF d 26 juin 2025]
As a reminder, the BEA-Ri (Bureau of Investigations and Analyses on Industrial Risks) has issued a recommendation aiming to formally integrate the monitoring of associated accessories into the aging surveillance of tanks.
Accordingly, the order of June 12, 2025 introduces amendments to the various orders, particularly in connection with:
- deadlines for inspections carried out under the inspection plan, which is mandatory for tanks with an equivalent capacity greater than 10 m³3,
- the vertical cylindrical above-ground tanks concerned, whose initial condition, inspection program, and inspection plan have not been established according to the recommendations of professional guidelines recognized by the Minister responsible for the environment;
- storage in mobile containers of flammable liquids;
- the obligation to carry out an inventory;
- double-walled tanks, in the event of a liquid leak not likely to generate an explosive atmosphere;
- application corrections;
- …
Evolution of data to be made available for public alternative fuel recharging and refueling infrastructure and updating of the technical specifications for these infrastructures
Regulation (EU) 2023/1804 of 13 September 2023 on the deployment of alternative fuels infrastructure AMENDED BY Delegated Regulation (EU) 2025/671 of 2 April 2025 regarding additional data types on alternative fuels infrastructure AND AMENDED BY Delegated Regulation (EU) 2025/656 of 2 April 2025 regarding standards for wireless charging, electric road systems, vehicle-to-grid communication, and hydrogen supply for heavy-duty vehicles [OJEU of 18 June 2025]
As of 14 April 2025, operators or owners of public alternative fuel recharging and refueling points must make static and dynamic data available concerning these infrastructures or the services related to them. The list of this data is updated by Regulation (EU) 2025/671 of 2 April 2025.
Furthermore, concerning alternative fuel recharging and refueling infrastructure, the Commission was given the possibility to specify or amend the technical specifications for these installations. In this context, Delegated Regulation (EU) 2025/656 of 2 April 2025 amends Annex II, which specifies the technical requirements that alternative fuel recharging and refueling infrastructure must meet.
ENERGY
Amendment of eligibility conditions for the purchase obligation and market premium
Energy Code Articles R. 314-1 to R. 314-52-11: Support schemes for renewable energy and natural gas cogeneration AMENDED BY Decree No. 2025-498 of 5 June 2025 amending Articles D. 314-15 and D. 314-23 of the Energy Code relating to the applicable thresholds for benefiting from the purchase obligation or market premium for electricity production from renewable energy sources [JORF of 7 June 2025]
As a reminder, these articles of the Energy Code define the electricity production facilities using renewable energy sources (RES) for which producers can benefit from the purchase obligation or market premium. To bring the Energy Code into compliance with European law, this decree amends the eligibility thresholds for certain facilities:
- using hydraulic energy from lakes, watercourses, and gravity-fed captured water;
- offshore renewable energy production (particularly using osmotic and tidal energy, designated winners of a state or European call for projects);
- using photovoltaic solar energy installed on buildings, hangars, or shade structures;
eligible for the electricity purchase obligation.
Furthermore, this decree introduces new installations eligible for the purchase obligation or remuneration supplement.
SAFETY
Strengthening worker protection against heat-related risks
Labor Code Articles R. 4463-1 to R. 4463-8: Prevention of risks related to intense heat episodes CREATED by Decree No. 2025-482 of May 27, 2025, concerning the protection of workers against heat-related risks [Official Journal of 1st June 2025]
Order of May 27, 2025, concerning the determination of heatwave alert thresholds for Météo-France's specific system aimed at indicating the level of heat danger within the framework of worker protection against risks related to intense heat episodes [Official Journal of 1st June 2025]
To strengthen worker protection against heat-related risks, it has been stipulated since 1st July 2025 that the employer must:
- Assess the risks related to workers' exposure to intense heat episodes,
- Define appropriate prevention measures to be implemented during these heat episodes,
- Adapt prevention plans and other documents established when an external company is involved.
The Order of May 27, 2025, for its part, defines heat periods based on Météo France's 'heatwave' alert system. As such, an intense heat episode corresponds to reaching the 'yellow' (heat peak), 'orange' (heatwave), or 'red' (extreme heatwave) alert thresholds.
Restriction on the placing on the market, manufacture, and use of DMAC and NEP
Regulation (EC) No 1907/2006 of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, AS AMENDED BY Regulation (EU) 2025/1090 of 2 June 2025 as regards N,N-dimethylacetamide (DMAC) and 1-ethylpyrrolidin-2-one (NEP) [OJ L 3 June 2025] AND AMENDED BY the corrigendum published on 6 June 2025.
Restrictions concerning N,N-dimethylacetamide (DMAC)* (CAS No 127-19-5) and 1-Ethylpyrrolidin-2-one (NEP)** (CAS No 2687-91-4) as substances on their own, as a constituent of other substances, or in mixtures at a concentration equal to or greater than 0.3% are introduced regarding their placing on the market, manufacture, and use.
* N,N-dimethylacetamide (DMAC) is a solvent used in various industries, particularly the textile industry (synthetic fibre spinning), plastics industry, photographic industry, adhesives, paints and varnishes industry, coatings, fine chemicals, pharmaceutical industry, cosmetic industry (reaction medium in organic synthesis, recrystallisation solvent...).
** N-ethyl-2-pyrrolidone is primarily used as a solvent and as a synthesis intermediate in the manufacture of pharmaceutical products. It is also used as a catalyst or cationic surfactant.
Addition of substances and classification amendment for certain substances under the CLP Regulation as part of the 23rd Adaptation to Technical Progress (ATP)
Regulation (EC) No 1272/2008 of 16 December 2008 on classification, labelling and packaging of substances and mixtures (CLP), AS AMENDED BY Delegated Regulation (EU) 2025/1222 of 2 April 2025 [OJ L 20 June 2025]
Regulation 2025/1222 of 2 April 2025 amends Table 3 of Annex IV to the CLP Regulation by adding 22 new harmonised classifications and modifying 10 entries.
As a reminder, the CLP Regulation (Classification, Labelling and Packaging of substances and mixtures) implements at European level the Globally Harmonised System (GHS) of classification and labelling for chemical substances and mixtures. Amendments are regularly made to it, particularly through regulations known as ATPs. These may include new data or modify existing data.