HSE and Energy Regulatory Watch for March 2021

In March 2021, several regulatory texts concerning environment, energy, and occupational health and safety were published in the Official Journal. Here are the key takeaways.

Marie Faucon
Consultante HSE
Publication : 
07.04.2021
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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 from publications in the French and European official journals concerning environment, energy, and occupational health and safety for March 2021.

New Texts

Order of March 4, 2021 approving ASN Decision No. 2021-DC-0703 of February 4, 2021 establishing the list of nuclear activities involving ionizing radiation sources for industrial, veterinary, or research purposes (excluding research involving human subjects) subject to registration [Official Journal of March 24, 2021]

Ordinance No. 2021-235 of March 3, 2021 transposing the bioenergy sustainability component of Directive 2018/2001 of December 11, 2018 on the promotion of the use of energy from renewable sources [Official Journal of March 4, 2021] CREATED:

  • Energy Code Articles L. 281-1 to L. 281-13: Definition of sustainability and greenhouse gas emission reduction criteria for biofuels, bioliquids, and biomass-derived fuels
  • Energy Code Articles L. 282-1 to L. 282-3: Definition of greenhouse gas emission reduction thresholds for non-biological renewable liquid and gaseous fuels intended for the transport sector and recycled carbon fuels
  • Energy Code Articles L. 283-1 to L. 283-5: Monitoring and verification of compliance with sustainability and greenhouse gas emission reduction criteria
  • Energy Code Articles L. 284-1 to L. 285-1: Administrative and criminal controls and sanctions
  • Energy Code Articles L. 314-32 to L. 314-35: Specific provisions for electricity production from biomass
  • Energy Code Articles L. 446-27 to L. 446-30: Sustainability and greenhouse gas emission reduction criteria

Energy Code Articles L. 353-1 to L. 353-11: Charging of electric vehicles CREATED BY Ordinance No. 2021-237 of March 3, 2021 transposing Directive 2019/944 of June 5, 2019 concerning common rules for the internal electricity market [Official Journal of March 4, 2021]

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Amended Texts

Environmental Code Articles R. 541-76 to R. 541-85: Waste – criminal provisions AMENDED BY Decree No. 2021-321 of March 25, 2021 relating to the traceability of waste, excavated soil, and sediments [Official Journal of March 27, 2021]

Environmental Code Articles R. 541-42 to R. 541-48: Waste treatment AMENDED BY:

  • Decree No. 2021-345 of March 30, 2021 relating to video surveillance of waste unloading at non-hazardous waste storage and incineration facilities [Official Journal of March 31, 2021]
  • Decree No. 2021-321 of March 25, 2021 relating to the traceability of waste, excavated soil, and sediments [Official Journal of March 27, 2021]

Order of December 14, 2012 setting the certification conditions for companies carrying out asbestos removal or encapsulation work, or work on materials, equipment, or articles containing asbestos AMENDED BY the Order of February 17, 2021 [Official Journal of March 7, 2021]

Ordinance No. 2021-235 of March 3, 2021 transposing the bioenergy sustainability component of Directive 2018/2001 of December 11, 2018 on the promotion of the use of energy from renewable sources [Official Journal of March 4, 2021] AMENDS:

  • Energy Code Articles L. 661-1 to L. 663-1: Biofuels and Bioliquids
  • Energy Code Articles L. 711-1 to L. 714-2: Heat Production and Classification of Heating and Cooling Networks

Ordinance No. 2021-236 of March 3, 2021, transposing Directive 2018/2001 of December 11, 2018, on the promotion of the use of energy from renewable sources [Official Journal of March 4, 2021] AMENDS:

  • Energy Code Articles L. 211-1 to L. 211-7: Energy Demand Management and Renewable Energy Development – General Provisions
  • Energy Code Articles L. 311-1 to L. 311-19: General Provisions on Electricity Production
  • Energy Code Articles L. 314-14 to L. 314-17: Guarantees of Origin
  • Energy Code Articles L. 446-18 to 446-22: Guarantees of Origin
  • Energy Code Articles L. 315-1 to L. 315-8: Self-Consumption

Ordinance No. 2021-237 of March 3, 2021, transposing Directive 2019/944 of June 5, 2019, concerning common rules for the internal market in electricity [Official Journal of March 4, 2021] AMENDS:

  • Energy Code Articles L. 271-1 to L. 271-4: Electricity Consumption Curtailment
  • Energy Code Articles L. 332-1 to L. 332-6: Electricity Sales Contracts
  • Energy Code Articles L. 141-1 to L. 141-12: Assessment of Needs and Planning of Energy Capacities
  • Energy Code Articles L. 344-1 to L. 344-13: Closed Electricity Distribution Networks

Energy Code Articles L. 347-1 to L. 347-4: Electric Vehicle Charging Infrastructure REPEALED BY Ordinance No. 2021-237 of March 3, 2021 [Official Journal of March 4, 2021]

Order of November 21, 2018, approving Decision No. 2018-DC-0649 of the Nuclear Safety Authority of October 18, 2018, defining the list of nuclear activities subject to the declaration regime and the information to be included in these declarations AMENDED BY the Order of March 4, 2021, approving Decision No. 2021-DC-0703 of the Nuclear Safety Authority of February 4, 2021 [Official Journal of March 24, 2021]

Implementing Regulation 2020/2151 of December 17, 2020, laying down rules concerning harmonised specifications for the marking of single-use plastic products AMENDED BY the corrigendum of March 5, 2021 [Official Journal of the European Union of March 5, 2021]

Order of December 27, 2013, relating to general requirements applicable to installations subject to the authorization regime under headings No. 2101, 2102, 2111, and 3660 of the nomenclature of classified installations for environmental protection AMENDED BY the Order of March 3, 2021 [Official Journal of March 11, 2021]

Energy Code Article L. 122-8: Aid for undertakings exposed to a significant risk of carbon leakage due to the costs of the greenhouse gas emission allowance trading system passed on in electricity prices AMENDED BY the corrigendum to LAW No. 2020-1721 of December 29, 2020, on finance for 2021 [Official Journal of March 20, 2021]

Order of September 4, 2014, establishing the list of elements for an energy savings certificate application and the documents to be archived by the applicant AMENDED BY the Order of March 25, 2021 [Official Journal of March 27, 2021]

Order of December 29, 2014, relating to the terms of application of the energy savings certificate scheme AMENDED BY:

  • Order of March 25, 2021 [JORF of March 27, 2021]
  • Order of March 11, 2021 [JORF of March 13, 2021]

Decree No. 2021-336 of March 29, 2021 concerning simplification in the field of health and safety of workers in mines and quarries [JORF of March 30, 2021] AMENDS:

  • Decree No. 55-318 of March 22, 1955 concerning the regulation of safety for silos and hoppers in mines, mining operations, and quarries
  • Decree No. 59-285 of January 27, 1959 establishing general regulations for the operation of mines other than solid mineral fuel mines and hydrocarbon mines exploited by drilling
  • Decree No. 73-404 of March 26, 1973 concerning the regulation of safety for conveyors in mines and quarries
  • Decree No. 80-331 of May 7, 1980 establishing general regulations for extractive industries

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