November 2022 HSE and Energy Regulatory Watch

Discover the latest regulatory updates published in November 2022 concerning HSE and energy: occupational health, classified facilities, mining code, energy performance diagnosis, organic pollutants...

Marie Faucon
Consultante HSE
Publication : 
12.12.2022
Table of Contents
Example H2
Request a demo

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

‍

The list below is an extract from publications in French and European official journals concerning environment, energy, and occupational health and safety for November 2022.

New Texts

Order of 24 October 2022 relating to the procedures and frequencies for verifying the rules established by the person responsible for a nuclear activity [JORF of 1st November 2022]

Decision 2022/2110 of 11 October 2022 establishing conclusions on best available techniques (BAT) relating to industrial emissions in the ferrous metals processing industries [notified under number C(2022) 7054] [OJEU of 4 November 2022]

Order of 2 November 2022 setting out the specifications for eco-organisations and individual schemes for the extended producer responsibility (EPR) scheme for piercing medical devices used by self-treating patients and self-test users [JORF of 11 November 2022]

Order of 23 November 2022 setting out the specifications for eco-organisations and individual schemes for the extended producer responsibility (EPR) scheme for textiles, footwear, and household linen (TLC) [JORF of 25 November 2022]

Amended Texts

Order of 21 November 2022 relating to the inspection and maintenance of boilers and thermodynamic systems [JORF of 25 November 2022] AMENDS :

  • Order of 15 September 2009 relating to the annual maintenance of boilers with a nominal power output between 4 and 400 kilowatts
  • Order of 24 July 2020 relating to the maintenance of thermodynamic systems with a nominal power output between 4 kW and 70 kW
  • Order of 2 October 2009 relating to the inspection of boilers with a nominal power output greater than 400 kilowatts and less than 20 megawatts
  • Order of 24 July 2020 relating to the periodic inspection of thermodynamic systems and ventilation systems combined with heating with a useful nominal power output greater than 70 kilowatts

Decree No. 2022-1434 of 15 November 2022 relating to the occupational health medical record [JORF of 16 November 2022] AMENDS :

  • Labor Code Articles R. 4624-1 to R. 4624-58 : Actions and resources of multidisciplinary occupational health team members
  • Rural and Maritime Fishing Code Articles R. 717 to R. 717-73 : Occupational Health and Safety
  • Labor Code Articles R. 4421-1 to R. 4427-5 : Biological Risk Prevention
  • Labor Code Articles R. 4625-1 to D. 4625-22 : Health monitoring of specific categories of workers
  • Labor Code Articles D. 4626-1 to D. 4626-35 : Occupational health services for health, social, and medico-social establishments

Decree No. 2022-1435 of November 15, 2022 concerning the approval and activity reports of occupational prevention and health services AMENDS :

  • Labor Code Articles D. 4622-1 to D. 4622-57 : Missions and organization of occupational health services
  • Labor Code Articles D.4625-23 to D.4625-34 : Remote Workers

Order of October 18, 2022 [Official Journal of November 9, 2022] AMENDS :

  • Order of October 4, 2010 concerning the prevention of accidental risks within classified facilities for environmental protection subject to authorization
  • Order of December 27, 2013 concerning general requirements applicable to facilities subject to the authorization regime under headings No. 2101 and 3660 of the nomenclature of classified facilities for environmental protection

Ordinance No. 2022-1423 of November 10, 2022 enacting various provisions relating to the Mining Code [Official Journal of November 11, 2022] AMENDS :

  • Environmental Code Articles L. 181-1 to L. 181-32 : Environmental Authorization
  • Mining Code Articles L. 162-1 to L. 162-12: Mining Operations – Commencement of Operations
  • Mining Code Articles L. 164-1 to L. 164-2: Provisions specific to geothermal deposits
  • Mining Code Articles L. 163-1 to L. 163-12: Mining Operations – Cessation of Operations
  • Mining Code Articles L. 100-1 to L. 111-14: Deposits containing mineral substances
  • Mining Code Articles L. 113-1 to L. 113-4: National policy on underground resources and uses for sustainable mining management
  • Mining Code Articles L. 114-1 to L. 114-6: Principles governing the French mining model
  • Mining Code Articles L. 124-1 to L. 125-1: Exploration for geothermal deposits
  • Mining Code Articles L. 132-1 to L. 132-18: Concessions
  • Mining Code Articles L. 134-1 to L. 134-14: Exploitation of geothermal deposits
  • Mining Code Articles L. 141-1 to L. 141-4: Merger of contiguous exclusive exploration permits
  • Mining Code Article L. 142-1: Development phase of mining projects
  • Mining Code Articles L. 174-1 to L. 174-12: Risk prevention

Decree No. 2022-1485 of November 28, 2022, concerning the prevention of mining risks, the regime for mining operations or underground storage, and the financial guarantees specific to these activities [Official Journal of November 30, 2022] AMENDED :

  • Internal Security Code Articles R. 741-18 to R. 741-38: Emergency Response Plans (Book VII, Title IV, Chapter I, Section 2)
  • Decree No. 2006-649 of June 2, 2006, concerning mining operations, underground storage operations, and the regulation of mines and underground storage facilities
  • Decree No. 2010-1389 of November 12, 2010, concerning the obligation to establish financial guarantees before the commencement of mining exploration or exploitation operations
  • Decree No. 2016-1303 of October 4, 2016, concerning exploration work by drilling and exploitation by wells of mineral substances, and repealing the annex entitled "Title: Exploration by drilling, exploitation of fluids by wells and treatment of these fluids" of Decree No. 80-331 of May 7, 1980, establishing general regulations for extractive industries

Regulation 2019/1021 of June 20, 2019, concerning persistent organic pollutants MODIFIED BY Regulation 2022/2291 of 8 September 2022 amending Annex I to Regulation 2019/1021 on persistent organic pollutants as regards hexachlorobenzene [OJEU of 23 November 2022]

Order of 16 November 2022 removing the mandatory nature of various standards [Official Journal of 26 November 2022] AMENDS :

  • Order of 6 July 2005 on the procedures for downloading driving data in road transport
  • Order of 6 July 2005 issued for the application of Articles R. 231-118, R. 231-120 and R. 231-121 of the Labour Code
  • Order of 15 December 2009 on controls for compliance with biological limit values set out in Article R. 4412-152 of the Labour Code for workers exposed to lead and its compounds and on the accreditation conditions for laboratories responsible for analyses

Decree No. 2022-1385 of 31 October 2022 on the competent administrative authority for network resilience to natural risks [Official Journal of 1st November 2022] AMENDS:

  • Internal Security Code Articles L. 732-1 to L. 732-2-1: Maintaining the satisfaction of the population's priority needs
  • Internal Security Code Article R. 732-4-1: Maintaining the satisfaction of the population's priority needs
  • Environmental Code Articles R. 563-30 to R. 563-34: Prevention of network damage related to natural risks

Order of 3 November 2022 amending various provisions relating to the energy performance diagnostic report and to the performance of energy performance diagnostics for new buildings or parts of buildings [Official Journal of 30 November 2022] AMENDS :

  • Order of 31 March 2021 on the energy performance diagnostic for residential buildings or parts of buildings in metropolitan France
  • Order of 15 September 2006 on the energy performance diagnostic for existing non-residential buildings or parts of buildings offered for sale in metropolitan France
  • Order of March 31, 2021, concerning the methods and procedures applicable to energy performance diagnostics and the software used to establish them

Environmental Code Articles R. 214-1 to R. 214-60: Authorization or declaration procedures (Water and aquatic and marine environments) MODIFIED BY :

  • Decision No. 443683, 443684, and 448250 of October 31, 2022, of the Council of State ruling on litigation [Official Journal of November 5, 2022]
  • Decree No. 2022-1485 of November 28, 2022, concerning the prevention of mining risks, the regime for mining or underground storage operations, and the financial guarantees specific to these activities [Official Journal of November 30, 2022]
  • Order of June 30, 2020, defining the restoration works for the natural functionalities of aquatic environments falling under heading 3.3.5.0 of the nomenclature annexed to Article R. 214-1 of the Environmental Code ANNULLED BY Decision No. 443683, 443684, and 448250 of October 31, 2022, of the Council of State ruling on litigation [Official Journal of November 5, 2022]

Order of May 21, 2010, approving Decision No. 2010-DC-0175 of the Nuclear Safety Authority of February 4, 2010, specifying the technical procedures and frequencies of controls provided for in Articles R. 4452-12 and R. 4452-13 of the Labor Code, as well as in Articles R. 1333-7 and R. 1333-95 of the Public Health Code  REPEALED BY the Order of October 24, 2022, concerning the procedures and frequencies for verifying the rules established by the person responsible for a nuclear activity [Official Journal of 1st November 2022]

Order of January 9, 1992, setting out the practical procedures for implementing protection measures against thermal effects in normal operation and in the event of overcurrents in low-voltage electrical installations falling within the scope of standard NF C 15-100, approved by decision of May 13, 1991 REPEALED BY the Order of November 16, 2022, removing the mandatory nature of various standards [Official Journal of November 26, 2022].

‍