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The list below is an excerpt of publications in the French and European official journals concerning environment, energy, and occupational health and safety for March 2024.
ENVIRONMENT
Establishing exemption conditions for the installation of hydraulic systems, vegetated devices, or shade structures in car parks built or associated with new constructions, extensions, and major renovations of buildings
Order of March 5, 2024, implementing Decree No. 2023-1208 of December 18, 2023, implementing Article L. 171-4 of the Construction and Housing Code and Article L. 111-19-1 of the Urban Planning Code governing car parks [Official Journal of March 6, 2024]
As a reminder, Law No. 2021-1104 of August 22, 2021, introduced into the Urban Planning Code an obligation to equip certain car parks with shading devices, as well as hydraulic systems for stormwater management.
This obligation applies to:
- car parks associated with new building constructions exceeding 500 m² (1,000 m² for office buildings, and 500 m² from January 1, 2025);
- car parks associated (when renovations are also carried out in these areas) with extensions and major renovations of buildings or parts of buildings (hydraulic systems or vegetation only) exceeding 500 m² (1,000 m² for office buildings, and 500 m² from January 1, 2025);
- car park constructions open to the public exceeding 500 m².
The following clarifications are notably provided:
- In the case of installing a vegetated shading device and stormwater management system: The cost of works is deemed excessive when the pre-tax cost of the works required for installation:
- exceeds 15% of the total pre-tax cost of the works when it concerns the creation or renovation of a car park, or
- exceeds 10% of the market value of the car park at the time of application when it concerns an existing car park and the works are solely aimed at complying with the requirements for integrating a shading device (excluding canopies) and water management in the car parks.
- For solar canopy installations with renewable energy production processes: The profitability of the installation is impacted if the discounted cost of the energy that can be produced over 20 years exceeds the value of the purchase price or reference tariff multiplied by a coefficient of 1.2.
For this second case, clarifications are provided regarding the company responsible for carrying out thetechnical-economic study to justify the benefit of these exemptions.
This decree applies to projects for which planning permissions are filed fromst January 2024.
ENERGY
Publication of the "Absolute Values IV" Decree
Decree of April 10, 2020, concerning obligations for actions to reduce final energy consumption in tertiary sector buildings AMENDED BY Decree of February 20, 2024, amending the decree of April 10, 2020, concerning obligations for actions to reduce final energy consumption in tertiary sector buildings [Official Journal of March 14, 2024]
This decree defines the objectives expressed in absolute values for several categories of tertiary activities for the 2030 horizon (so-called "industrial" laundries, parking, medico-social establishments, sports, etc.). Furthermore, it introduces modifications in the "Logistics" sector and provides clarifications related to the concepts of "activity category," "usage intensity indicator," and the reference year to be provided.
Implementation of a new aid scheme to compensate businesses for rising electricity supply costs
Decree No. 2024-251 of March 22, 2024, establishing aid to compensate for the increase in electricity supply costs for businesses particularly affected by the economic and financial consequences of the war in Ukraine [Official Journal of March 23, 2024]
This decree establishes specific financial aid for medium-sized enterprises that are high energy consumers and particularly affected by the increase in electricity supply costs due to the war in Ukraine.
To be eligible for this aid, companies must meet several cumulative conditions:
- Conditions relating to the number of employees and turnover: among others, the company must employ fewer than 5,000 people and have a turnover of less than 1.5 billion euros;
- Conditions relating to activity;
- Conditions relating to energy consumption (natural gas, electricity, heat or cold produced from natural gas or electricity): such as an energy consumption volume representing at least 3% of turnover.
Applications for aid must be submitted electronically by May 31, 2024, at the latest.
SAFETY
Introduction of new binding occupational exposure limits (OELs) and the obligation to trace workers' exposure to carcinogenic, mutagenic, or reprotoxic chemical agents (CMRs)
Labor Code Articles R. 4412-1 to R. 4412-160: Chemical Risk Prevention Measures AMENDED BY Decree No. 2024-307 of April 4, 2024, setting binding occupational exposure limits for certain chemical agents and supplementing the traceability of workers' exposure to carcinogenic, mutagenic, or reprotoxic chemical agents [Official Journal of April 5, 2024]
- Although published in the Official Journal in April, this text is already mentioned in this regulatory update due to its importance.
This decree establishes new occupational exposure limits for acrylonitrile and nickel compounds. It also significantly lowers the exposure thresholds applicable to benzene and mandates traceability for workers likely to be exposed to carcinogenic, mutagenic, and reprotoxic agents..
Thus, employers must, by July 5, 2024, at the latest, have established a list of workers likely to be exposed to these agents, specifying for each worker the substances concerned, as well as, when known, information on the nature, duration, and degree of their exposure.
Modification of occupational exposure limits for lead and its inorganic compounds
Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work AMENDED BY Directive (EU) 2024/869 of the European Parliament and of the Council of 13 March 2024 [OJEU of 19 March 2024]
The directive introduces several changes, including a reduction in the 8-hour occupational exposure limit value for lead and its inorganic compounds, as well as an addition to the definition of a mutagen.
Specifically:
- The 8-hour OEL for lead is lowered to 0.03 mg/m3 (from 0.15 mg/m3 previously). Its binding biological limit value follows a similar trend, with transitional reduction thresholds until 31 December 2028 (30 µg Pb/100 ml of blood compared to 70 µg Pb/100 ml currently) and a threshold set at 15 μg Pb/100 ml of blood from 1 January 2029.
- The definition of a mutagen is supplemented to include substances, mixtures or processes referred to in Annex I, as well as a substance or mixture released by a process referred to in that annex.