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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 November 2024.
ENVIRONMENT
Definition of requirements relating to best available techniques for certain classified installations subject to authorization
Order of 4 November 2024 relating to best available techniques (BAT) applicable to installations in the chemical sector subject to the authorization regime under at least one of the following headings of the nomenclature of installations classified for environmental protection: 3410 to 3460, or 3710 when the main pollutant load originates from one or more installations falling under at least one of headings 3410 to 3460 [Official Journal of 19 November 2024]
This Order defines the applicable requirements for the following headings:
- Heading 3410: manufacture of organic chemical products;
- Heading 3420: manufacture of inorganic chemical products;
- Heading 3430: manufacture of fertilizers;
- Heading 3440: manufacture of plant protection products or biocides;
- Heading 3450: manufacture of pharmaceutical products;
- Heading 3460: manufacture of explosive products;
- Heading 3710: treatment of wastewater in autonomous installations falling under heading 2750 and for which the main pollutant load originates from one or more installations falling under at least one of headings 3410 to 3460.
This Order also applies to the combined treatment of aqueous effluents from different sources, provided that the main pollutant load results from one or more installations falling under at least one of the headings 3410 to 3460 mentioned above and that the treatment of aqueous effluents does not fall under Directive 91/271/EEC concerning urban wastewater treatment.
Implementation details for the obligation to install canopies incorporating renewable energy generation systems for car parks over 1,500 m²
Decree No. 2024-1023 of November 13, 2024, implementing Article 40 of Law No. 2023-175 of March 10, 2023, on accelerating renewable energy production [Official Journal of November 15, 2024]
As a reminder, Article 40 of Law No. 2023-175 of March 10, 2023, on accelerating renewable energy production (known as the "APER Law"), requires car parks larger than 1,500 m² to install canopies incorporating a renewable energy production process over at least half of this area.
This decree primarily clarifies the calculation of the area of the car parks concerned, the exemption criteria for the obligation, and the conditions for applying penalties in case of non-compliance with this obligation.
For the purpose of calculating the relevant area, the following are to be included:
- parking spaces for vehicles and their trailers, located off public roads, within a perimeter defined by the entrance(s) and exit(s) of the car park;
- traffic lanes and pathways, facilities, and toll areas providing access to these spaces, within the same perimeter, are also to be included.
Conversely, the following are to be excluded:
- green spaces, rest areas;
- storage areas, logistics areas, handling, loading, and unloading areas;
- areas where vehicles transporting dangerous goods are parked (specified by decree);
- areas located less than 10 meters from ICPEs (whose categories are listed by decree);
- surfaces necessary for implementing the requirements applicable to ICPEs (specified by decree).
Regarding the exemption criteria, the decree primarily defines three types of exemptions: technical constraints and impossibilities, heritage constraints, and economic constraints. The benefit of these exemptions must be justified by providing a certificate whose content is specified in the text.
New requirement for PFAS analysis in atmospheric emissions from incineration, co-incineration, and other thermal waste treatment facilities
Decree of October 31, 2024, concerning the analysis of per- and polyfluoroalkyl substances in atmospheric emissions from incineration, co-incineration, and other thermal waste treatment facilities [Official Journal of November 10, 2024]
This decree applies to authorized facilities classified under at least one of categories 2770, 2771, 2971, and 3520 of the classified facilities nomenclature.
Operators of the facilities concerned must conduct a sampling and analysis campaign covering 49 PFAS substances, as well as hydrogen fluoride (HF) and the main associated peripheral parameters (flow rate, oxygen content, temperature, pressure, and water vapor content). These samples and analyses must be carried out by laboratories or organizations accredited by COFRAC and, where they exist, following standardized reference methods for measurements.
Note: The operator is exempt from such an obligation if they demonstrate that the composition of waste streams entering the facility is stable over time, and that the incoming waste does not contain PFAS substances.
The campaign must be implemented before October 31, 2025, April 30, 2026, October 31, 2026, April 30, 2027, or April 30, 2028, depending on the ICPE classification heading, the authorized capacity, and the nature of the facility concerned.
SAFETY
Evolution of harmonized classification and labelling rules
Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures AMENDED BY Regulation (EU) 2024/2865 of the European Parliament and of the Council of 23 October 2024 amending Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures [OJEU of 18 November 2024]
This regulation creates a new chapter on labelling requirements, which primarily provides details on labelling elements and the deadline for updating labels when a classification change results in the addition of a new hazard class or a more severe classification.
This regulation also takes into account the amendment introduced by Regulation 2023/707 of 19 December 2022 concerning the addition of new hazard classes. Among other things, it specifies that a substance meeting certain criteria (set out in Annex I) for the following new hazards is generally subject to harmonized classification and labelling:
- endocrine disruption for human health, category 1 or 2;
- endocrine disruption in the environment, category 1 or 2;
- persistent, bioaccumulative and toxic properties (PBT);
- very persistent, very bioaccumulative properties (vPvB);
- persistent, mobile and toxic properties (PMT);
- very persistent, very mobile properties (vPvM).
Other provisions clarify the requirements for the evaluation of a complex substance by the manufacturer, importer, or downstream user, supply via refilling stations, and placing on the European market.
Different effective dates are planned for all these provisions. However, as of December 10, 2024, substances and mixtures may be classified, labeled, and packaged in accordance with the new version of the CLP regarding the following topics: dimensions and presentation of labeling elements / product identifier for a mixture and characteristics of labeling element markings / information on mixture components.
Corrections of concentration unit errors for certain REACH substances
Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) AMENDED BY Commission Regulation (EU) 2024/2929 of 27 November 2024 correcting the French language version of Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the concentration limits for certain substances [OJEU of 28 November 2024]
This regulation corrects the designation of concentration units for certain substances. The unit "ppM" (part per billion) is thus replaced by the unit "ppb" (part per billion, international unit). This concerns the restrictions on the following substances:
- linear and branched perfluorocarboxylic acids with a chain length between 9 and 14 carbon atoms (referred to as C9-C14 PFCAs);
- silanetriol (3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl) and all its mono-, di- or tri-O-(alkyl) derivatives (TDFA).
Repeal of new models for fitness for work opinions, unfitness for work opinions, individual health monitoring certificates, and proposals for job adaptation measures
Order of 16 October 2017 establishing the model for fitness for work opinions, unfitness for work opinions, individual health monitoring certificates, and proposals for job adaptation measures AMENDED BY the Order of 5 November 2024 repealing the Order of 26 September 2024 amending the Order of 16 October 2017 establishing the model for fitness for work opinions, unfitness for work opinions, individual health monitoring certificates, and proposals for job adaptation measures [Official Journal of the French Republic of 21 November 2024]
To take into account the changes introduced by Law No 2021-1018 of 2 August 2021 to strengthen occupational health prevention, an Order of 26 September 2024 updated the models for fitness for work opinions, unfitness for work opinions, individual health monitoring certificates, and proposals for job adaptation measures with four new models. Due to a deployment difficulty, these new opinions are repealed. They are therefore no longer to be taken into account.