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The list below is an extract from the French and European Official Gazettes concerning the environment, energy and health and safety at work in March 2024.
ENVIRONMENT
Conditions of exemption for the installation of hydraulic systems, vegetation or shade on parking lots built or associated with the construction, extension or major renovation of buildings.
Arrêté du 5 mars 2024 portant application du décret n° 2023-1208 du 18 décembre 2023 portant application de l'article L. 171-4 du code de la construction et de l'habitation et de l'article L. 111-19-1 du code de l'urbanisme régissant les parcs de stationnement [JORF of March 6, 2024]
As a reminder, law no. 2021-1104 of August 22, 2021 introduced into the town planning code an obligation to equip certain parking lots with shading devices, as well as hydraulic arrangements for stormwater management.
This obligation applies to :
- parking lots associated with new buildings over 500 m² (1,000 m² for office buildings, and 500 m² from January 1, 2025);
- parking lots associated with (when renovations are also carried out on these areas) extensions and major renovations to buildings or parts of buildings (hydraulic improvements or planting only) of more than 500m² (1,000 m² for office buildings, and 500 m² from January 1, 2025);
- parking lots accessible to the public of more than 500 m².
In particular, the following clarifications are provided:
- In the case of vegetated shading and rainwater management systems: The cost of the work is deemed to be excessive when the cost, excluding taxes, of the work required for the installation :
- exceeds 15% of the total cost (excluding VAT) of the work in the case of new or renovated parking lots, or
- exceeds 10% of the park's market value at the time of application in the case of an existing park, where the sole purpose of the work is to comply with the requirement to integrate a shading system (excluding shadings) and water management systems for parking lots.
- In the case of shading systems with renewable energy production processes: The profitability of the system is affected if the discounted cost of the energy that can be produced over 20 years is higher than the value of the feed-in tariff or reference tariff multiplied by a coefficient equal to 1.2.
In the latter case, details are given of the company required to carry out thetechnical and economic study needed to justify entitlement to these exemptions.
This order applies to projects for which planning permission is required on or after January1, 2024.
ENERGY
Publication of the "Absolute Values IV" decree
Arrêté du 10 avril 2020 relatif aux obligations d'actions de réduction des consommations d'énergie finale dans des bâtiments à usage tertiaire MODIFIE PAR Arrêté du 20 février 2024 modifiant l'arrêté du 10 avril 2020 relatif aux obligations d'actions de réduction des consommations d'énergie finale dans des bâtiments à usage tertiaire [JORF du 14 mars 2024]
This decree defines absolute targets for several categories of tertiary activity by 2030 (industrial laundries, parking facilities, medical and social establishments, sports facilities, etc.). In addition, it introduces changes in the "Logistics" sector, as well as clarifying the notions of "activity category", "usage intensity indicator" and the reference year to be filled in.
Introduction of new aid to offset rising electricity supply costs for businesses
Decree no. 2024-251 of March 22, 2024 instituting aid to compensate for the increase in electricity supply costs for companies particularly affected by the economic and financial consequences of the war in Ukraine [JORF of March 23, 2024].
This decree institutes specific financial assistance for energy-intensive mid-sized companies, particularly affected by the rise in electricity supply costs due to the war in Ukraine.
To qualify, companies must meet a number of cumulative conditions:
- Conditions relating to the number of employees and sales: among other things, the company must employ fewer than 5,000 people and generate sales of less than 1.5 billion euros;
- Conditions relating to the activity;
- Conditions relating to energy consumption (natural gas, electricity, heat or cooling produced from natural gas or electricity): such as an energy consumption volume representing at least 3% of sales.
Applications must be submitted online by May 31, 2024 at the latest.
SAFETY
Introduction of new binding occupational exposure limit values (OELVs) and obligation to trace workers' exposure to chemical agents that are carcinogenic, mutagenic or toxic to reproduction (CMRs).
Code du travail 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 limit values for certain chemical agents and completing the traceability of workers' exposure to chemical agents that are carcinogenic, mutagenic or toxic to reproduction [JORF of April 5, 2024].
- Although it will be published in the JORF in April, this text has already been mentioned in this regulatory thread because of its importance.
This decree introduces new occupational exposure limit values for acrylonitrile and nickel compounds. At the same time, it significantly lowers the exposure thresholds applicable to benzene, and requires traceability of workers likely to be exposed to carcinogenic, mutagenic and reprotoxic agents.
By July 5, 2024 at the latest, employers must have drawn up a list of workers likely to be exposed to these agents, specifying for each worker the substances concerned and, where known, information on the nature, duration and degree of exposure.
Modification of occupational exposure limit values for lead and its inorganic compounds
Directive 2004/37/EC of the European Parliament and of the Council of April 29, 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 March 13, 2024 [OJEU March 19, 2024].
The directive entails a number of changes, including a lowering of the 8-hour occupational exposure limit value for lead and its inorganic compounds, and a supplement to the definition of mutagenic agents.
Indeed:
- The VLEP for lead 8h has been lowered to 0.03 mg/m3 (previously 0.15 mg/m3). Its binding biological limit value follows a similar trend, with transitional lowering thresholds until December 31, 2028 (30 µg Pb/100 ml blood vs. 70 µg Pb/100 ml currently) and a threshold set at 15 μg Pb/100 ml blood from January 1, 2029.
- The definition of mutagen is completed to include the 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.