March 2026 EHS Energy Regulatory Update

The list below is an excerpt from the French and European official gazettes regarding the environment, energy, and occupational health and safety for March 2026.

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ENVIRONMENT

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Rules governing surveying or drilling operations, the construction of wells, or the construction of 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 surveying or drilling operations, the construction of wells or underground structures not intended for domestic use for the purposes of research, monitoring, or extraction of groundwater, and restoration work carried out upon cessation of operations [Official Journal of the French Republic of March 27, 2026]

This order establishes the general technical requirements applicable, effective December 31, 2027, to surveying, drilling, and the construction of wells or underground structures carried out for the purpose of reaching a groundwater aquifer, including an aquifer associated with a watercourse, whether for the purpose of extraction for non-domestic use, exploration, or measurement.
Following a review of the scope of application, this text sets forth, in particular, the rules governing the location of wells, the jurisdiction and responsibilities of the various parties involved, as well as controls, monitoring, maintenance, and the abandonment of wells. It repeals and replaces the decree of September 11, 2003.

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

Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework necessary to achieve climate neutrality, AS AMENDED by Regulation (EU) 2026/667 of the European Parliament and of the Council of 11 March 2026 [OJEU of 18 March 2026]

With the aim of maintaining a trajectory consistent with the Paris Agreement, which calls for climate neutrality by 2050 (net-zero emissions), this amending regulation adds and confirms 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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Official Announcement of the Entry into Force of the New Capacity Mechanism

Energy Code, Articles L. 316-1 through 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 the French Republic, March 13, 2026]‍

Following the Government’s receipt of the European Commission’s positive response regarding compliance with state aid rules, Decree No. 2026-177 of March 11, 2026, formalizes the effective date of the new capacity mechanism. It is thus set for March 14, 2026.

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Changes to the energy and environmental performance requirements for new building extensions subject to the 2020 environmental regulations

Decree of August 4, 2021, concerning energy and environmental performance requirements for building construction in metropolitan France and approving the calculation method provided for in Article R. 172-6 of the Building and Housing Code, AMENDED BY the Decree of March 18, 2026 [Official Journal of the French Republic of March 20, 2026]

To facilitate building elevation projects, the decree of March 18, 2026, adapts the applicable requirements of the 2020 Environmental Regulations (RE 2020) for projects involving the elevation of existing buildings of moderate size. The following are now eligible for the option to apply alternative requirements in lieu of the minimum standards set by the Building and Housing Code regarding RE 2020: 

• additions with a floor area of less than 50 m²;
• additional stories intended for uses other than single-family homes, with a reference floor area strictly between 50 and 150 square meters, regardless of the percentage of the reference floor area of the existing premises in question;
• additions intended for uses other than single-family housing, with a reference floor area of more than 150 m² and less than 30% of the reference floor area of the existing premises.

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SAFETY

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Elevator Safety in Light of the Shutdown of Certain Telephone Networks

French Building and Housing Code, Articles R. 134-1 through R. 134-48: Elevator Safety AMENDED BY Decree No. 2026-166 of March 4, 2026, aimed at ensuring elevator safety in the event of the shutdown of certain telephone networks [Official Journal of the French Republic, March 6, 2026]

Decree of November 18, 2004, regarding the maintenance of elevator systems AND Decree of August 7, 2012, regarding technical inspections to be performed on elevator systems, AS AMENDED BY the Decree of March 4, 2026 [Official Journal of the French Republic, March 6, 2026]

As landlines and 3G and earlier mobile networks are gradually being phased out, these regulations call for adjustments to the inspection and maintenance procedures for emergency alert and communication systems installed in elevators. Consequently, requirements have been established for companies responsible for maintenance and inspections, as well as for the owners of such elevators.

Replacement of the age-50 medical exam with a mid-career checkup under the agricultural plan

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

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

^{*This visit serves to assess the compatibility between the employee’s workstation and their health status and to take a more proactive approach to preventing workplace exclusion. The visit is scheduled at a time determined by an industry-wide agreement; if no such agreement exists, it takes place during the calendar year in which the employee turns 45.}