HSE and Energy Regulatory Watch for March 2022

French and European texts concerning environment, energy, and occupational health and safety from March 2022

Marie Faucon
Consultante HSE
Publication : 
06.04.2022
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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 from March 2022.

New texts

Notice to companies intending to import or export, in 2023, regulated ozone-depleting substances to or from the European Union, and to companies intending to produce or import, in 2023, such substances for essential laboratory and analytical uses [JORF du 4 mars 2022]

Decree No. 2022-336 of March 10, 2022 concerning the uses and conditions for the reuse of treated wastewater [JORF du 11 mars 2022]

Order of February 3, 2022 concerning Best Available Techniques (BAT) applicable to certain classified installations in the surface treatment sector using organic solvents subject to the authorization regime under headings 3670 or 3710 (for which the main pollutant load comes from one or more installations falling under heading 3670) of the nomenclature of classified installations for environmental protection [JORF du 15 mars 2022]

Order of February 11, 2022 concerning the registration of producers subject to extended producer responsibility [JORF du 23 mars 2022]

Order of March 15, 2022 listing compostable, methanizable, and biodegradable packaging and waste that can be collected jointly with biowaste that has undergone source separation [JORF du 23 mars 2022]

Amended texts

Decree No. 2022-372 of March 16, 2022 concerning post-exposure monitoring, pre-return-to-work and return-to-work visits for employees, as well as professional rehabilitation agreements within companies [JORF du 17 mars 2022] AMENDS:

  • Social Security Code Articles R. 433-1 to R. 433-17: Compensation for temporary incapacity
  • Labor Code Articles R. 4624-1 to R. 4624-58: Actions and resources of members of the multidisciplinary occupational health team
  • Rural and Maritime Fishing Code Articles R. 717 to R. 717-58: Occupational health and safety

Social Security Code Articles D. 461-1 to D. 461-38: Provisions concerning occupational diseases AMENDED BY Decree No. 2022-374 of March 16, 2022 concerning the composition and functioning of regional committees for the recognition of occupational diseases [JORF du 17 mars 2022]

Directive No. 2004/37/EC of April 29, 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work AMENDED BY Directive 2022/431 of March 9, 2022 [JOUE du 17 mars 2022]

Decree No. 2022-395 of March 18, 2022 concerning the single occupational risk assessment document and the arrangements for covering training costs in occupational health, safety, and working conditions by skills operators [JORF du 20 mars 2022] AMENDS:

  • Labor Code Articles R. 4121-1 to D. 4121-9: Employer's obligations (General principles of prevention)
  • Labor Code Articles R. 4412-1 to R. 4412-160: Measures for the prevention of chemical risks

Decree No. 2022-422 of March 25, 2022 concerning the environmental assessment of projects [Official Journal of March 26, 2022] AMENDS:

  • Environmental Code Articles R. 122-1 to R. 122-15: Environmental Impact Assessments for works and development projects
  • Environmental Code Articles R. 181-1 to D. 181-57: Environmental Authorization
  • Environmental Code Articles R. 214-1 to R. 214-60: Authorization or Declaration Procedures
  • Environmental Code Articles R. 512-47 to R. 512-66-3: Installations subject to declaration
  • Town Planning Code Articles R.* 431-4 to R.* 431-34-1: Building permit application file

Order of May 31, 2012 establishing the list of classified installations subject to the obligation to provide financial guarantees pursuant to point 5 of Article R. 516-1 of the Environmental Code AMENDED BY the Order of January 14, 2022 [Official Journal of March 23, 2022]

Order of March 28, 2019 establishing the national model for environmental authorization applications AMENDED BY the Order of March 1, 2022 amending the Order of March 28, 2019 establishing the national model for environmental authorization applications [Official Journal of March 24, 2022]

Order of February 26, 2019 issued for the application of Article D. 1431-19 of the Transport Code and relating to the certificate of conformity for information on the quantity of greenhouse gases emitted during a transport service AMENDED BY the Order of February 28, 2022 amending the Order of July 9, 2008 concerning the organization of the central administration of the Ministry of Ecology, Energy, Sustainable Development and Spatial Planning [Official Journal of March 1, 2022]

Order of April 10, 2012 issued for the application of Articles 5, 6 and 8 of Decree No. 2011-1336 of October 24, 2011 concerning information on the quantity of carbon dioxide emitted during a transport service AMENDED BY the Order of February 28, 2022 amending the Order of July 9, 2008 concerning the organization of the central administration of the Ministry of Ecology, Energy, Sustainable Development and Spatial Planning [Official Journal of March 1, 2022]

Order of November 28, 2018 defining the framework for the "Low-Carbon" label AMENDED BY the Order of February 11, 2022 [Official Journal of March 2, 2022]

Order of March 28, 2019 concerning the implementation of an experiment on the recovery of waste from the pre-treatment by disinfection of infectious healthcare waste and similar waste AMENDED BY the Order of February 22, 2022 amending the Order of March 28, 2019 [Official Journal of March 2, 2022]

Commercial Code Articles L. 225-100 to L. 225-102-5: Annual report and vigilance plan AMENDED BY LAW No. 2022-296 of March 2, 2022 aiming to democratize sport in France [Official Journal of March 2, 2022]

Decree No. 2022-305 of March 1, 2022 concerning the energy and environmental performance requirements for the construction of office buildings and primary or secondary education buildings in mainland France [Official Journal of March 3, 2022] AMENDS:

  • Construction and Housing Code Articles R. 122-1 to R. 122-4: Preliminary studies
  • Construction and Housing Code Articles R. 171-10 to R. 171-13: Heating and cooling of buildings
  • Construction and Housing Code Articles R. 172-1 to R. 172-13: Building construction

Energy Code Articles R. 342-3 to R. 342-4-13: Compensation for delays in connecting a renewable energy production facility AMENDED BY Decree No. 2022-315 of March 3, 2022 concerning compensation payable by the electricity transmission system operator due to delays in connecting to this grid a renewable offshore electricity production facility or damage affecting the onshore or offshore part of the connection works for offshore production facilities [Official Journal of March 5, 2022]

Order of March 3, 2017 establishing the national model for registration applications for classified installations for environmental protection AMENDED BY the Order of March 1, 2022 amending the Order of May 5, 2021 establishing the national model for registration applications for classified installations for environmental protection [Official Journal of March 6, 2022]

Implementing Regulation 2018/2066 of December 19, 2018 concerning the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council AMENDED BY Implementing Regulation 2022/388 of March 8, 2022 [Official Journal of the European Union of March 9, 2022]

Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption AMENDED BY Corrigendum to Regulation (EU) 2019/1009 of 5 June 2019 laying down rules on the making available on the market of EU fertilising products, amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003 [OJEU of 10 March 2022]

Environmental Code Articles R. 211-22 to R. 211-65: Discharges liable to impair water quality and harm aquatic environments AMENDED BY Decree No 2022-336 of 10 March 2022 concerning the uses and conditions for the reuse of treated wastewater [JORF of 11 March 2022]

Order of 2 February 1998 concerning water abstraction and consumption as well as emissions of all kinds from classified installations for environmental protection subject to authorisation AMENDED BY Order of 3 February 2022 concerning Best Available Techniques (BAT) applicable to certain classified installations in the organic solvent surface treatment sector falling under the authorisation regime under headings 3670 or 3710 (for which the main pollutant load comes from one or more installations falling under heading 3670) of the nomenclature of classified installations for environmental protection [JORF of 15 March 2022]

Order of 4 May 2020 establishing and renewing programmes within the framework of the energy savings certificate scheme AMENDED BY Order of 4 March 2022 concerning the modification and creation of programmes within the framework of the energy savings certificate scheme [JORF of 19 March 2022]

Environmental Code Articles D. 510-1 to D. 510-7: Technical investigations and High Council for the Prevention of Technological Risks AMENDED BY Decree No 2022-427 of 25 March 2022 concerning the industrial risk investigation and analysis office and the conduct of technical investigations into industrial accidents [JORF of 27 March 2022]

Order of 10 December 2021 establishing the list of operators of installations subject to authorisation for greenhouse gas emissions and the amount of free allocation of emission allowances for operators of installations for which free emission allowances are allocated, for the period 2021-2025 AMENDED BY Order of 18 March 2022 [JORF of 27 March 2022]

Energy Code Articles L. 661-1 to L. 661-2: Obligations relating to biofuels and bioliquids AMENDED BY Ordinance No 2021-1843 of 22 December 2021 enacting the legislative part of the code of taxation on goods and services and transposing various norms of European Union law (corrigendum) [JORF of 27 March 2022]

Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive AMENDED BY Commission Regulation (EU) 2022/488 of 25 March 2022 [OJEU of 28 March 2022]

Order of 4 September 2014 establishing the list of elements for an energy savings certificate application and the documents to be archived by the applicant AMENDED BY Order of 24 March 2022 [JORF of 29 March 2022]

Environmental Code Articles R. 222-13 to R. 222-36: Air quality plans AMENDED BY Decree No 2022-446 of 30 March 2022 concerning general information provided by distributors of solid fuels for heating to non-professional users, regarding appropriate storage and use conditions to limit the impact of their combustion on air quality [JORF of 31 March 2022]

Decree No 2010-1580 of 17 December 2010 concerning the technical service for ski lifts and guided transport AMENDED BY Decree No 2022-273 of 28 February 2022 amending Decree No 2008-680 of 9 July 2008 concerning the organisation of the central administration of the Ministry of Ecology, Energy, Sustainable Development and Spatial Planning [JORF of 1 March 2022]

Order of 15 May 2020 concerning the recognition and monitoring of companies authorised as security bodies AMENDED BY Order of 28 February 2022 amending the Order of 9 July 2008 concerning the organisation of the central administration of the Ministry of Ecology, Energy, Sustainable Development and Spatial Planning [JORF of 1 March 2022]

Order of 29 May 2009 concerning the transport of dangerous goods by land (known as the "TMD Order") AMENDED BY Order of 28 February 2022 amending the Order of 9 July 2008 concerning the organisation of the central administration of the Ministry of Ecology, Energy, Sustainable Development and Spatial Planning [JORF of 1 March 2022]

Order of 4 June 2008 concerning access and circulation conditions in restricted access zones of ports and port facilities and the issuance of access permits AMENDED BY Order of 28 February 2022 amending the Order of 9 July 2008 concerning the organisation of the central administration of the Ministry of Ecology, Energy, Sustainable Development and Spatial Planning [JORF of 1 March 2022]

Order of 22 December 2021 temporarily designating bodies authorised to carry out controls and measurements concerning ventilation and sanitation of workplaces prescribed by the labour inspection officer AMENDED BY Order of 20 January 2022 amending the Order of 22 December 2021 temporarily designating bodies authorised to carry out controls and measurements concerning ventilation and sanitation of workplaces prescribed by the labour inspection officer [JORF of 2 March 2022]

Ordinance No 2022-448 of 30 March 2022 concerning the organisation, operation and exercise of the missions of the National Council for Private Security Activities [JORF of 31 March 2022] AMENDS:

  • Internal Security Code Articles L. 631-1 to L. 635-1: Private Security Activities - National Council for Private Security Activities
  • Internal Security Code Articles L. 611-1 to L. 612-25: Private Security Activities - General Provisions and Conditions for Exercise
  • Internal Security Code Articles L. 625-1 to L. 625-7: Private Security Activities - Training for Private Security Activities
  • Internal Security Code Articles L. 613-1 to L. 613-13: Private Security Activities - Modalities of Exercise
  • Internal Security Code Articles R. 631-1 to R. 635-1: Private Security Activities - National Council for Private Security Activities
  • Internal Security Code Articles R. 611-1 to R. 612-42: Private Security Activities - General Provisions and Conditions for Exercise
  • Internal Security Code Articles R. 613-1 to R. 613-92: Private Security Activities - Terms and Conditions of Exercise
  • Internal Security Code Articles R. 625-1 to R. 625-21: Private Security Activities - Training for Private Security Activities

LAW No. 2022-401 of March 21, 2022, aimed at improving the protection of whistleblowers [JORF of March 22, 2022] AMENDS:

  • Labor Code Articles L. 1311-1 to L. 1321-6: Internal Regulations
  • Labor Code Articles L. 4133-1 to L. 4133-5: Protection of Whistleblowers

Order of December 24, 2021, concerning the pricing of occupational accident and professional illness risks for the year 2022, AMENDED BY the order of March 14, 2022 [JORF of March 22, 2022]

Regulation No. 1907/2006 of the European Parliament and of the Council of December 18, 2006, concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) AMENDED BY:

  • Commission Regulation 2022/477 of March 24, 2022 [OJEU of March 25, 2022]
  • the Corrigendum to Commission Regulation 2021/1297 of August 4, 2021 [OJEU of March 10, 2022]

Environmental Code Articles L. 521-1 to L. 521-24: Control of Chemical Products AMENDED BY Ordinance No. 2021-1843 of December 22, 2021, enacting the legislative part of the code of taxation on goods and services and transposing various European Union law standards (corrigendum) [JORF of March 27, 2022]

Order of October 9, 2013, concerning the conditions for exercising the activity of professional user and distributor of certain types of biocidal products, AMENDED BY the Order of March 22, 2022, modifying the order of October 9, 2013, concerning the conditions for exercising the activity of professional user and distributor of certain types of biocidal products [JORF of March 29, 2022]