HSE & Energy Regulatory Watch

There is an error in your domain name. Please check it or contact Tennaxia support.

You will be redirected to the Tennaxia ESG login interface.

Please note: This article concerns French legislation. The requirements described may not apply in other countries.

‍

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 2023.

New texts

Order of January 30, 2023, concerning the organization and evaluation procedures for the specific training of occupational health nurses [Official Journal of 1^st March 2023]

Order of March 2, 2023, concerning the general requirements applicable to facilities subject to the registration regime under heading no. 2415 (facilities for the application of wood preservation products and derived materials) of the nomenclature of classified facilities for environmental protection [Official Journal of March 4, 2023]

Order of March 2, 2023, concerning the general requirements applicable to biowaste unpacking facilities that have undergone source sorting for organic recovery, subject to the declaration regime under heading no. 2783 of the nomenclature of classified facilities for environmental protection [Official Journal of March 4, 2023]

Order of March 2, 2023, concerning the general requirements applicable to biowaste unpacking facilities that have undergone source sorting for organic recovery, subject to the registration regime under heading no. 2783 of the nomenclature of classified facilities for environmental protection [Official Journal of March 4, 2023]

Order of February 10, 2023, concerning data collection for statistical purposes as provided for in Article L. 142-1 of the Energy Code [Official Journal of March 3, 2023]

Order of February 20, 2023, concerning the reduced rate of the general tax on polluting activities applicable to the reception by certain energy recovery facilities of high calorific value residues resulting from efficient sorting operations [Official Journal of March 16, 2023]

Amended texts

Law No. 2023-175 of March 10, 2023, concerning the acceleration of renewable energy production [Official Journal of March 11, 2023] AMENDS :

Construction and Housing Code Articles L. 183-1 to L. 183-18: Controls and Sanctions – Provisions applicable to all building categories
Construction and Housing Code Articles L. 181-11 to L. 181-14: Administrative Sanctions – Procedure for implementing equivalent effect solutions, certifications, and compliance with general construction objectives
Energy Code Articles L. 447-1 to L. 447-7: General provisions concerning low-carbon gases injected into the natural gas network
Energy Code Articles L. 448-1 to L. 448-5: Extended collective self-consumption
Energy Code Articles L. 314-36 to L. 314-40: Specific provisions for electricity production from agrivoltaic installations
Environmental Code Articles L. 241-1 to L. 241-2: General principles for the protection of soils and subsoils
Construction and Housing Code Articles L. 171-1 to L. 175-2: Energy and environmental performance
Environmental Code Articles L. 515-44 to L. 515-46: Wind turbines
Environmental Code Articles L. 122-1 to L. 122-15: Environmental assessment
Environmental Code Articles L. 181-1 to L. 181-32: Environmental authorization
Environmental Code Articles L. 123-1 to L. 123-19-11: Public participation in decisions affecting the environment
Energy Code Articles L. 141-1 to L. 141-12: Assessment of needs and planning of energy capacities
Energy Code Articles L. 311-1 to L. 311-27: General provisions relating to electricity production
Energy Code Articles L. 211-1 to L. 211-9: Energy demand management and renewable energy development – General provisions
Environmental Code Articles L. 411-1 to L. 411-3: Conservation of sites of geological interest, natural habitats, animal or plant species and their habitats
Environmental Code Articles L. 555-1 to L. 555-30: Pipelines for the transport of gas, hydrocarbons, and chemical products
Energy Code Articles L. 321-6 to L. 321-17-2: Duties of the transmission system operator
Energy Code Articles L. 342-1 to L. 342-13: Connection to electricity grids
Energy Code Articles L. 341-1 to L. 341-5: Access to grids
Construction and Housing Code Articles L. 126-26 to L. 126-33: Mandatory information and diagnostics – Energy performance diagnosis
Environmental Code Articles L. 561-1 to L. 566-13: Prevention of natural risks
Energy Code Articles L. 100-1 A to L. 100-4: Objectives of energy policy
Energy Code Article L. 314-1 A: The carbon footprint
Energy Code Articles L. 314-1 to L. 314-13: The purchase obligation
Energy Code Articles L. 314-18 to L. 314-27: Remuneration Supplement
Urban Planning Code Articles L. 421-1 to L. 421-9: Building Permits, Demolition Permits – Scope of Application
Environmental Code Articles L. 222-1 A to L. 222-9: Planning
Environmental Code Articles L. 229-25 to L. 229-26: Greenhouse Gas Emissions Assessment and Territorial Climate-Energy Plan
Environmental Code Articles L. 121-1 to L. 121-24: Public Participation in the Development of Plans, Programs, and Projects Affecting the Environment
Environmental Code Articles L. 214-1 to L. 214-19: Activities, Installations, and Use
Energy Code Articles L. 511-1 to L. 511-14: General Characteristics of Hydropower Operating Regimes
Energy Code Articles L. 453-1 to L. 453-10: Connection to Gas Networks
Energy Code Articles L. 811-1 to L. 812-10: Definitions and Support for the Production of Certain Categories of Hydrogen
Construction and Housing Code Articles L. 122-1 to L. 122-1-1: Preliminary Studies
Environmental Code Articles L. 170-1 to L. 174-2: Common Provisions Regarding Controls and Sanctions
General Code of Local Authorities Articles L. 2224-7 to L. 2224-12-5: Water and Sanitation
Energy Code Article L. 446-1: Carbon Footprint
Energy Code Articles L. 431-3 to L. 431-6-5: Missions of Transmission System Operators
Energy Code Articles L. 445-1 to L. 445-16: General Provisions Regarding Renewable Gases Injected into the Natural Gas Network
Energy Code Articles L. 441-1 to L. 441-6: Choosing a Gas Supplier
Energy Code Articles L. 446-2 to L. 446-17: Specific Provisions Regarding the Sale of Biogas
Environmental Code Articles L. 131-1 to L.131-17: Institutions Involved in Environmental Protection
Environmental Code Article L. 515-48: Industrial Platforms
Energy Code Articles L. 331-1 to L. 331-5: Choosing an Electricity Supplier

List of standardized energy saving operations AMENDED BY the order of February 18, 2023, amending the order of December 22, 2014, defining standardized energy saving operations [JORF of March 16, 2023]

Order of December 10, 2021, establishing the list of operators of installations subject to authorization for greenhouse gas emissions, as well as the amount of free emission allowances allocated to operators of installations for which free emission allowances are allocated, for the period 2021-2025 AMENDED BY the Order of March 6, 2023 [JORF of March 16, 2023]

Decree No. 2022-967 of July 1, 2022, establishing aid to compensate for the increase in natural gas and electricity supply costs for businesses particularly affected by the economic and financial consequences of the war in Ukraine AMENDED BY Decree No. 2023-189 of March 20, 2023 [JORF of March 21, 2023]

Order of September 15, 2006, concerning the energy performance diagnosis for existing buildings offered for sale in metropolitan France AMENDED BY the order of March 16, 2023 [JORF of March 22, 2023]

List of approved eco-organizations for the main Extended Producer Responsibility (EPR) schemes AMENDED BY the order of March 9, 2023, amending the order of May 5, 2017, approving an eco-organization whose purpose is to manage packaging waste from final household consumers under the conditions set out in Articles R. 543-53 to R. 543-65 of the Environmental Code [JORF of March 23, 2023]

Order of February 1, 2023, amending the orders issued pursuant to Articles R. 172-6, R. 172-12, and R. 173-2 of the Construction and Housing Code [JORF of March 29, 2023] MODIFIED :

Order of June 13, 2008, concerning the energy performance of existing buildings with a surface area greater than 1,000 square meters, when they undergo major renovation work
Order of October 26, 2010, concerning the thermal characteristics and energy performance requirements for new buildings and new parts of buildings
Order of 28 December 2012 relating to the thermal characteristics and energy performance requirements of new buildings and new parts of buildings other than those covered by Article 2 of the decree of 26 October 2010 relating to the thermal characteristics and energy performance of constructions
Order of 4 August 2021 relating to the energy and environmental performance requirements for building constructions in metropolitan France and approving the calculation method provided for in Article R. 172-6 of the Construction and Housing Code

Decree No. 2023-214 of 27 March 2023 amending the regulatory part of the Energy Code relating to electricity and gas production [JORF of 19 March 2023] AMENDS :

Energy Code Articles R. 311-12 to D. 311-27-16: Tendering procedures
Energy Code Articles R. 314-1 to R. 314-52-11: Support schemes for renewable energies and natural gas cogeneration
Energy Code Articles R. 446-15 to R. 446-16-20: Monitoring and control of installations benefiting from a support scheme or the biogas production certificate scheme
Energy Code Articles R. 311-28 to R. 311-32-1: Establishment of breaches and administrative sanctions

Regulation No. 1272/2008 of 16 December 2008 on the classification, labelling and packaging of substances and mixtures AMENDED BY Delegated Regulation 2023/707 of 19 December 2022 amending Regulation No. 1272/2008 with regard to hazard classes and criteria for the classification, labelling and packaging of substances and mixtures [OJEU of 31 March 2023]

Order of 2 February 1998 relating to water withdrawals and consumption as well as emissions of all kinds from installations classified for environmental protection subject to authorization AMENDED BY the Order of 2 March 2023 relating to the general requirements applicable to installations subject to the registration regime under heading No. 2415 (installations for the application of wood preservation products and derived materials) of the nomenclature of installations classified for environmental protection [JORF of 4 March 2023]

Decree No. 2023-152 of 2 March 2023 relating to waste management and extended producer responsibility for tyres [JORF of 4 March 2023] AMENDS:

Environmental Code – Articles: R. 543-137 to R. 543-152-1 -> 145: Tyre waste
Environmental Code Articles R. 541-86 to R. 541-179: General provisions relating to extended producer responsibility

Decree No. 2023-162 of 7 March 2023 relating to packaging waste and establishing the extended producer responsibility scheme for packaging used to market products consumed or used by catering professionals [JORF of 8 March 2023] AMENDED :

Environmental Code Articles R. 543-42 to R. 543-74: Packaging
Environmental Code Articles D. 541-310 to D. 541-372: Combating waste and promoting reuse

Environmental Code Articles R. 581-1 to R. 581-88: Advertising, signs and pre-signs (Book V, Title VIII, Chapter I) AMENDED BY Decision No. 468221 of February 24, 2023, of the Council of State ruling on litigation [Official Journal of March 2, 2023]

Law No. 2023-171 of March 9, 2023, on various provisions adapting to European Union law in the fields of economy, health, labor, transport, and agriculture [Official Journal of March 10, 2023] AMENDS :

Public Health Code Articles L. 3512-1 to L. 3512-9 and L. 3513-1 to L. 3513-6: Tobacco and vaping products
Labor Code Articles L. 1225-1 to L. 1225-36: Maternity, paternity, adoption, and child-rearing
Transport Code Articles L. 5336-1 to L. 5336-17: Administrative sanctions and criminal provisions

Tariff orders establishing the purchase and remuneration supplement conditions for electricity produced from renewable energy sources or cogeneration plants AMENDED BY the order of February 10, 2023, amending the order of May 4, 2017, setting the conditions for the purchase of electricity produced by building-integrated photovoltaic solar energy installations, with an installed peak power of 100 kilowatts or less, as referred to in point 3 of Article D. 314-15 of the Energy Code and located in Corsica, Guadeloupe, Guyana, Martinique, Mayotte, and Reunion [Official Journal of March 3, 2023]

Order of June 10, 2022, establishing the specifications for eco-organizations, individual systems, and coordinating bodies of the extended producer responsibility scheme for construction products and materials in the building sector AMENDED BY the order of February 28, 2023, amending the specifications for eco-organizations of the extended producer responsibility scheme for construction products and materials in the building sector annexed to the ministerial order of June 10, 2022 [Official Journal of March 3, 2023]

Environmental Code Articles D. 222-1-A to D. 222-1-I: Carbon budgets and national low-carbon strategy and extract from Decree No. 2015-1491 of November 18, 2015 AMENDED BY Decree No. 2023-163 of March 7, 2023, concerning the procedures for adapted prior consultation on the multi-year energy program and the national low-carbon strategy [Official Journal of March 8, 2023]

Decree No. 2023-173 of March 8, 2023, issued for the application of Articles L. 152-5-2 and L. 151-28 of the Town Planning Code and modifying the energy performance and environmental performance criteria defined in Articles R. 171-1 to R. 171-3 of the Construction and Housing Code [Official Journal of March 10, 2023] AMENDS :

Construction and Housing Code Articles R. 171-1 to R. 171-9: Exemplary Buildings and Labels
Town Planning Code Articles R.* 431-4 to R.* 431-34-1: Building Permit Application File

Order of October 12, 2016, concerning the conditions to be met to benefit from exceeding building regulations as provided for in point 3 of Article L. 151-28 of the Town Planning Code or to benefit from the height regulation derogation provided for in Article L. 152-5-2 of the Town Planning Code AMENDED BY the Order of March 8, 2023, modifying the Order of October 12, 2016 [Official Journal of March 10, 2023]

Order of November 23, 2022, setting out the specifications for eco-organizations and individual systems for the extended producer responsibility scheme for textiles, footwear, and household linen (TLC) AMENDED BY the Order of March 1, 2023, modifying the Order of November 23, 2022 [Official Journal of March 10, 2023]

Order of April 12, 2016, concerning the safety management system provided for in Article R. 342-12 of the Tourism Code AMENDED BY the Order of February 20, 2023, concerning the restriction on the use of mobile devices for certain personnel of guided public transport systems and ski lifts under the Tourism Code [Official Journal of March 26, 2023]

Order of May 4, 2017, concerning the placing on the market and use of plant protection products and their adjuvants AMENDED BY the Order of February 14, 2023, concerning measures for the protection of persons during the use of certain plant protection products

Environmental Code Articles L. 523-1 to L. 523-8: Prevention of health and environmental risks resulting from exposure to nanoparticulate substances AMENDED BY Decree No. 2023-196 of March 22, 2023, concerning the provision of information obtained pursuant to Articles L. 523-1 and L. 523-2 of the Environmental Code [Official Journal of March 24, 2023]

Regulation No. 440/2008 laying down test methods pursuant to Regulation No. 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals MODIFIED BY Regulation 2023/464 of March 3, 2023, amending, for the purposes of its adaptation to technical progress, the Annex to Regulation No. 440/2008 [Official Journal of the European Union of March 6, 2023]

‍