HSE and Energy Regulatory Watch for June 2026

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June 2026 was marked by several significant regulatory developments in the fields of environment, energy and workplace safety. PFAS, regulated facilities, hydropower, the prevention passport, and medical visits: discover the main texts to remember and their implications for companies.

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ENVIRONMENT

Procedures for applying the levy on water pollution from per- and polyfluoroalkyl substances (PFAS)

Order of 25 June 2026 on the procedures for establishing the levy on water pollution from per- and polyfluoroalkyl substances + French Environmental Code Articles D. 213-17 to R. 213-48-52: River basin committees and water agencies AMENDED BY Decree No. 2026-545 of 25 June 2026 [French Official Journal (JORF) of 28 June 2026]

Decree No. 2026-545 of 25 June 2026 sets out the procedures for applying the new levy on water pollution from per- and polyfluoroalkyl substances (PFAS). 

It establishes an exhaustive list of 28 PFAS substances on which the levy is based. As part of the introduction of this levy, the order of 25 June 2026 specifies that the taxable substances are the PFAS substances identified in the Environmental Code, discharged by facilities subject to the ICPE authorisation regime under one or more of the following categories: 2330, 2345, 2350, 2351, 2567, 2660, 2661, 2760, 2790, 2791, 2795, 3120, 3230, 3260, 3410, 3420, 3440, 3450, 3510, 3531, 3532, 3540, 3560, 3610, 3620, 3630, 3670 or 4713.

Amendment to category 2910 (classification nomenclature)

Order of 3 August 2018 on the general requirements applicable to facilities subject to the registration regime under category 2910 of the nomenclature of facilities classified for environmental protection purposes, and Order of 3 August 2018 on the general requirements applicable to facilities classified for environmental protection purposes subject to declaration under category 2910, and Order of 3 August 2018 on combustion plants with a total rated thermal capacity of less than 50 MW subject to authorisation under categories 2910, 2931 or 3110, AMENDED BY Order of 23 June 2026 amending several orders of 3 August 2018 relating to combustion plants [JORF of 25 June 2026]

French Environmental Code Articles R. 511-9 to R. 511-12: Nomenclature of classified facilities  AMENDED BY Decree No. 2026-533 of 23 June 2026 [JORF of 25 June 2026]

Decree No. 2026-533 of 23 June 2026 amends category 2910-A of the classified facilities nomenclature to include the use of bioliquids as fuels: 

• fatty acid methyl esters produced from vegetable oils (FAME), 
• alkanes obtained by hydrotreatment of vegetable oils, used cooking oils or animal fats. 

The amending orders thus incorporate new liquid fuels of biological origin, in order to expand the regulatory framework for facilities subject to category 2910.

Amendment to the requirements applicable to hazardous waste incineration and co-incineration facilities

Order of 20 September 2002 on hazardous waste incineration and co-incineration facilities AMENDED BY Order of 4 June 2026 [JORF of 18 June 2026]

The order of 4 June 2026 amends the provisions relating to hazardous waste incineration and co-incineration facilities, in particular to strengthen the reliability of air emissions measurement, clarify the status of certain thermal treatments, and redefine the energy efficiency criteria.

The order amends the exclusion from scope for gasification or pyrolysis facilities, and the definition of an incineration facility. 

The order specifies that pyrolysis, gasification or plasma treatment are considered to be a thermal treatment if the resulting substances are subsequently incinerated.

Possibility of adjusting the frequency of monitoring gaseous and aqueous effluents, justifying connection arrangements to a treatment plant, and procedures for requesting exemptions from emission limit values 

Order of 17 December 2019 on the best available techniques (BAT) applicable to certain waste treatment facilities subject to the authorisation regime and the IED directive AMENDED BY Order of 4 June 2026 amending several orders relating to waste treatment facilities [JORF of 18 June 2026]

The order of 4 June 2026 amends the provisions relating to requests for exemptions from emission limit values (ELVs), clarifies the rules for connection to wastewater treatment plants, and updates the thresholds and monitoring frequencies for discharges.

Regarding connection to a collective, individual, urban or industrial wastewater treatment plant, the order specifies that such a connection may only be considered where the sanitation infrastructure (network and treatment plant) is capable of conveying and treating the industrial effluent under proper conditions. 

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ENERGY

Abolition of the concession regime for hydropower

French Energy Code Articles L. 511-1 to L. 511-14: General characteristics of hydropower operating regimes AMENDED BY Law No. 2026-554 of 29 June 2026 aiming to revive investment in the hydropower sector to contribute to the energy transition [JORF of 30 June 2026]

Following an agreement between the French government and the European Commission in August 2025 to revive investment in the hydropower sector, Law No. 2026-554 of 29 June 2026 amends and provides legal certainty for hydropower operating regimes.

The historic concession regime is abolished, and facilities previously covered by this regime – namely hydropower facilities with a capacity greater than 4,500 kW whose main purpose is energy production, as well as hydraulic reservoirs (dams, reservoirs, etc.) intended to improve a watercourse's regime in order to contribute to hydropower generation by facilities with a maximum gross capacity greater than 4,500 kW – now fall under an authorisation regime for the use of hydropower.

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SAFETY

Extension of the transitional period for declaring training in the prevention passport

Decree No. 2022-1712 of 29 December 2022 on the approval of the resolution of the national committee for occupational health and prevention of the labour conditions steering council, setting the procedures for implementing the prevention passport and making it available to the employer, AMENDED BY Decree No. 2026-496 of 12 June 2026 [JORF of 13 June 2026]

Decree No. 2026-496 of 12 June 2026 amends the transitional procedures for declaring training in the prevention passport, in order to give the various stakeholders more time to organise themselves.

The deadlines for declarations by training organisations and employers are extended by 3 months, until 31 December 2026, rather than until the bulk-declaration-by-file feature becomes available.

As a reminder, training to be included in the prevention passport must meet the following cumulative conditions: 

• meet an occupational risk prevention objective or the general requirement to train workers; 
• result in the issuance of a training certificate or proof of successful completion for the holder of the Personal Training Account (CPF) who completed the training;
• enable the knowledge and skills acquired or developed during the training to be applied, and for that knowledge and those skills to be transferable to any other position exposing the worker to occupational risks similar to those present in the position held by the worker on the date of the training.

Requirement for the physician to inform the employer that a pre-return visit has been organised, and addition of an exception to the return-to-work visit 

French Labour Code Articles R. 4624-1 to D. 4624-65: Actions and resources of members of the multidisciplinary occupational health team, and French Rural and Maritime Fishing Code Articles R. 717 to R. 717-73: Occupational health and safety, AMENDED BY Decree No. 2026-503 of 12 June 2026 on the procedures for pre-return and return-to-work visits [JORF of 14 June 2026]

Unless the employee objects, the occupational physician must now inform the employer that a pre-return visit has been organised (previously, only any recommendations made were communicated to the employer). As a result, even in the absence of recommendations, the employer is now informed that a pre-return visit has taken place.

Unless requested by the occupational physician, the employer or the employee, the return-to-work visit is now no longer required where the employee had a pre-return visit within the thirty days preceding their actual return to work, and where the occupational physician concluded that no individual measure to adjust, adapt or convert the position, and no working-time adjustment measure, was necessary for the return.