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🔎 Things to remember
- PFAS: The regulations specify the taxable substances and the ICPEs subject to the new fee on discharges into water.
- Classified facilities: Section 2910 now includes new biofuels, and the rules governing waste treatment and incineration are changing.
- Energy: Hydroelectric facilities with a capacity of more than 4,500 kW are gradually transitioning from a concession system to a permit system.
- Prevention Passport: The transition period for reporting training courses has been extended.
- Occupational Health: The rules governing pre-return-to-work and return-to-work medical examinations have been simplified.
June 2026 saw several significant regulatory changes in the areas of the environment, energy, and workplace safety. From PFAS and classified facilities to hydropower, prevention passports, and medical examinations: learn about the key regulations to keep in mind and their implications for businesses.
ENVIRONMENT
Rules for the Implementation of the Fee for Water Pollution Caused by Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)
Decree of June 25, 2026, on the procedures for establishing the fee for water pollution caused by perfluoroalkyl and polyfluoroalkyl substances + Environmental Code, Articles D. 213-17 through R. 213-48-52: River Basin Committees and Water Agencies AMENDED BY Decree No. 2026-545 of June 25, 2026 [Official Journal of the French Republic (JORF) of June 28, 2026]
Decree No. 2026-545 of June 25, 2026, sets forth the rules for implementing the new fee for water pollution caused by perfluoroalkyl and polyfluoroalkyl substances (PFAS).
It establishes an exhaustive list of 28 PFAS substances on which the fee is based. As part of the implementation of this fee, the decree of June 25, 2026 specifies that the taxable substances are the PFAS substances identified in the Environmental Code that are discharged by facilities subject to the ICPE authorization 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 Section 2910 (Nomenclature)
Decree of August 3, 2018, on the general requirements applicable to facilities subject to the registration regime under heading 2910 of the nomenclature of classified facilities for environmental protection, and Decree of August 3, 2018, on the general requirements applicable to facilities classified for the protection of thesubject to reporting under heading 2910, and Order of August 3, 2018, concerning combustion facilities with a total rated thermal input of less than 50 MW subject to authorization under headings 2910, 2931, or 3110, AS AMENDED BY the Order of June 23, 2026, amending several orders of August 3, 2018, concerning combustion facilities [Official Journal of the French Republic (JORF) of June 25, 2026]
Environmental Code, Articles R. 511-9 through R. 511-12: List of Classified Facilities AMENDED BY Decree No. 2026-533 of June 23, 2026 [Official Journal of the French Republic, June 25, 2026]
Decree No. 2026-533 of June 23, 2026, amends Section 2910-A of the classification system for regulated facilities to include the use of bioliquids as fuels:
- fatty acid methyl esters produced from vegetable oils (FAME),
- alkanes obtained by hydrotreating vegetable oils, used cooking oils, or animal fats.
Accordingly, the amending decrees incorporate new bio-based liquid fuels to expand the regulatory framework for facilities subject to heading 2910.
Amendments to the Regulations Governing Hazardous Waste Incineration and Co-incineration Facilities
Decree of September 20, 2002, concerning facilities for the incineration and co-incineration of hazardous waste, AMENDED BY the Decree of June 4, 2026 [Official Journal of the French Republic, June 18, 2026]
The decree of June 4, 2026, amends the provisions governing hazardous waste incineration and co-incineration facilities, in particular to improve the reliability of atmospheric emissions measurements, clarify the status of certain thermal treatment processes, and redefine energy efficiency criteria.
The order amends the exclusion from the scope of application for gasification or pyrolysis facilities and the definition of an incineration facility.
The order specifies that pyrolysis, gasification, or plasma treatment are considered thermal treatment if the resulting substances are subsequently incinerated.
Option to adjust the monitoring frequencies for gaseous and aqueous effluents; justification of the procedures for connecting to a wastewater treatment plant; and procedures for requesting an exemption from emission limit values
Decree of December 17, 2019, on Best Available Techniques (BAT) applicable to certain waste treatment facilities subject to the permitting regime and the IED Directive, AS AMENDED BY the Decree of June 4, 2026, amending several decrees relating to waste treatment facilities [Official Journal of the French Republic (JORF) of June 18, 2026]
The decree of June 4, 2026, amends the provisions regarding requests for exemptions from emission limit values (ELVs), clarifies the rules for connecting to wastewater treatment plants (WWTPs), and updates the thresholds and monitoring frequencies for discharges.
With regard to connection to a collective, individual, municipal, or industrial wastewater treatment plant, the order specifies that such a connection is permissible only if the wastewater infrastructure (network and treatment plant) is capable of conveying and treating the industrial effluent under appropriate conditions.
ENERGY
Elimination of the concession system for hydropower
Energy Code, Articles L. 511-1 through L. 511-14: General Characteristics of Hydropower Operation Regimes AMENDED BY LAW No. 2026-554 of June 29, 2026, aimed at revitalizing investment in the hydropower sector to contribute to the energy transition [Official Journal of the French Republic (JORF) of June 30, 2026]
Following an agreement between the French government and the European Commission in August 2025 to boost investment in the hydropower sector, Law No. 2026-554 of June 29, 2026, amends and provides legal certainty for the regulations governing hydropower operations.
The historical concession regime has been abolished, and the facilities previously subject to this regime—namely, hydroelectric facilities with a capacity greater than 4,500 kW whose primary purpose is power generation, as well as hydraulic reservoirs (dams, reservoirs, etc.) intended to improve the flow regime of a watercourse to contribute to hydropower generation by facilities with a maximum gross capacity of more than 4,500 kW, are now subject to a licensing regime for the use of hydropower.
SAFETY
Extension of the transition period for reporting training courses in the prevention passport
Decree No. 2022-1712 of December 29, 2022, regarding the approval of the resolution of the National Committee for Prevention and Occupational Health of the Advisory Council on Working Conditions establishing the procedures for implementing the prevention passport and making it available to employers, AMENDED BY Decree No. 2026-496 of June 12, 2026 [Official Journal of the French Republic, June 13, 2026]
Decree No. 2026-496 of June 12, 2026, amends the transitional provisions for reporting training courses in the prevention passport in order to give the various stakeholders more time to get organized.
The reporting deadlines for training organizations and employers have been extended by 3 months, through December 31, 2026, rather than until the bulk reporting feature via file becomes available.
As a reminder, training courses to be included in the prevention passport must meet all of the following conditions:
- serve the purpose of preventing occupational hazards or meet the general requirement for worker training;
- result in the issuance of a training certificate or proof of completion to the holder of the Professional Training Account (CPF) who completed the training;
- to enable the application of the knowledge and skills acquired or developed during training, and to ensure that such knowledge and skills are transferable to any other job involving occupational risks similar to those present in the worker’s current job as of the date of the training.
A physician’s obligation to notify the employer of a pre-return-to-work visit and the addition of an exception to the return-to-work visit
Labor Code, Articles R. 4624-1 through D. 4624-65: Actions and Resources of Members of Multidisciplinary Occupational Health Teams; and Rural and Maritime Fisheries Code, Articles R. 717 through R. 717-73: Occupational Health and Safety AMENDED BY Decree No. 2026-503 of June 12, 2026, concerning the procedures for pre-return-to-work and return-to-work medical examinations [ Official Journal of the French Republic, June 14, 2026]
Unless the employee objects, the occupational physician must now notify the employer that a pre-return-to-work examination has been scheduled (previously, only the recommendations made were communicated to the employer). As a result, even if no recommendations are made, the employer is notified that a pre-return-to-work examination has taken place.
Unless requested by the occupational physician, the employer, or the employee, the return-to-work examination is no longer required if the employee underwent a pre-return-to-work examination within the thirty days prior to actually returning to work and if the occupational physician concluded that no individual measures to modify, adapt, or redesign the workstation, nor any adjustments to the work schedule, were necessary for the employee’s return to work.