HSE and Energy Regulatory Watch March 2026

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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 2026.

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ENVIRONMENT

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Rules applicable to probing or drilling work, well construction, or underground structures not intended for domestic use

Decree of March 18, 2026, establishing the general rules provided for in Article R. 211-21-4 of the Environmental Code for probing or drilling work, creation of wells or underground structures not intended for domestic use for the purpose of groundwater research, monitoring or abstraction, and restoration work carried out upon cessation of operation [JORF of March 27, 2026]

This decree sets out the general technical requirements applicable, from December 31, 2027, to probing, drilling, well construction, or underground structure work carried out to reach a groundwater table, including an alluvial aquifer, whether for non-domestic abstraction, reconnaissance, or measurement purposes.
After outlining its scope, this text notably sets out rules for drilling site selection, the competence and responsibility of various stakeholders, controls, monitoring, maintenance, and abandonment of boreholes. It repeals and replaces the decree of September 11, 2003.

Setting a new binding interim target for 2040 for the reduction of net greenhouse gas emissions at the European Union level

Regulation (EU) 2021/1119 of the European Parliament and of the Council of June 30, 2021, establishing the framework for achieving climate neutrality AMENDED BY Regulation (EU) 2026/667 of the European Parliament and of the Council of March 11, 2026 [OJEU of March 18, 2026]

With the aim of maintaining a trajectory compatible with the Paris Agreement, which envisages climate neutrality by 2050 (net-zero emissions), this amending regulation adds and endorses a new binding interim target to be achieved by that date, namely a 90% reduction in net greenhouse gas emissions at the European Union level by 2040 (compared to 1990).

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ENERGY

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Formalization of the new capacity mechanism's entry into force

Energy Code Articles L. 316-1 to L. 316-13: The capacity mechanism AMENDED BY Decree No. 2026-177 of March 11, 2026, concerning the entry into force of the capacity mechanism [Official Journal of March 13, 2026]‍

Following the Government's receipt of the European Commission's positive response regarding its compliance with State aid rules, Decree No. 2026-177 of March 11, 2026, formalizes the effective date of the new capacity mechanism scheme. This date is set for March 14, 2026.

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Modification of requirement levels concerning the energy and environmental performance of new building additions subject to the 2020 environmental regulations

Order of August 4, 2021, relating to the energy and environmental performance requirements for building constructions in mainland France and approving the calculation method provided for in Article R. 172-6 of the Construction and Housing Code AMENDED BY the Order of March 18, 2026 [Official Journal of March 20, 2026]

To facilitate building addition projects, the Order of March 18, 2026, adapts the applicable requirements concerning the 2020 environmental regulations (RE 2020) for projects involving moderate-sized additions to existing buildings. The following are now eligible to apply alternative requirements instead of the minimum results set by the Construction and Housing Code regarding RE 2020: 

• additions with a reference area of less than 50 m²;
• additions for purposes other than single-family homes, with a reference area strictly between 50 and 150 m², regardless of the percentage of the reference area of the existing premises concerned;
• vertical extensions for uses other than single-family homes with a reference area exceeding 150 m² and less than 30% of the existing premises' reference area.

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SAFETY

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Elevator Safety in light of the shutdown of certain telephone networks

Construction and Housing Code Articles R. 134-1 to R. 134-48: Elevator Safety AMENDED BY Decree No. 2026-166 of March 4, 2026, aiming to ensure elevator safety in light of the shutdown of certain telephone networks [Official Journal of March 6, 2026]

Order of November 18, 2004, concerning the maintenance of elevator installations AND Order of August 7, 2012, concerning technical inspections to be carried out in elevator installations AMENDED BY the Order of March 4, 2026 [Official Journal of March 6, 2026]

As fixed telephone lines and 3G and older mobile lines are gradually being discontinued, these texts provide for the adaptation of checks and maintenance of alert and communication systems present in elevators. Requirements are thus set for companies performing maintenance and inspections, and for the owners of such elevators.

Replacement of the 50-year medical examination by the mid-career review for the agricultural sector

Rural and Maritime Fishing Code Articles R. 717 to R. 717-73: Occupational Health and Safety AMENDED BY Decree No. 2026-151 of March 3, 2026, concerning simplifications in occupational health for agricultural workers [Official Journal of March 4, 2026]

As a reminder, Law No. 2021-1018 of August 2, 2021, known as the "Occupational Health Law," introduced a mid-career review*. To account for the implementation of this mid-career review for the agricultural sector, Decree No. 2026-151 of March 3, 2026, replaces the 50-year medical examination with the mid-career review. This review still aims to assess the employee's exposure to occupational risks.

^{*This review allows for an assessment of the suitability between the job position and the employee's health status and aims for greater anticipation in preventing professional disengagement. This review is scheduled at a date determined by sector-specific agreement, or, in the absence of such an agreement, during the calendar year of the employee's 45th birthday.}