September 2020 HSE and Energy Regulatory Watch

In September 2020, the Official Journals published new texts and amendments, particularly concerning accidental risk management, the storage of flammable liquids, and occupational diseases.

Marie Faucon
Consultante HSE
Publication : 
09.10.2020
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

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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 from September 2020.

New texts

Order of September 24, 2020, relating to the storage in mobile containers of flammable liquids, operated within an installation classified for environmental protection subject to authorization [JORF of September 26, 2020]

Order of September 10, 2020, relating to general requirements applicable to installations subject to the authorization regime under headings 2430 (Pulp preparation, excluding activities classified under heading 3610a), 3610a (Manufacture, in industrial installations, of paper pulp from wood or other fibrous materials) and 3610b (Manufacture, in industrial installations, of paper or cardboard, with a production capacity exceeding 20 tonnes per day) of the nomenclature of installations classified for environmental protection [JORF of September 19, 2020]

Amended texts

Decree No. 2020-1169 of September 24, 2020, amending the nomenclature of installations classified for environmental protection and the nomenclature annexed to Article R. 122-2 of the Environmental Code [JORF of September 26, 2020] AMENDS:

  • Environmental Code Articles R. 511-9 to R. 511-12: Nomenclature of classified installations
  • Environmental Code Articles R. 122-1 to R. 122-15: Impact assessments for works and development projects

Decree No. 2020-1168 of September 24, 2020, relating to the rules applicable to installations where dangerous substances are present in quantities such that they can cause major accidents [JORF of September 26, 2020] AMENDS:

  • Environmental Code Articles R. 123-1 to R. 123-46-2: Public participation in decisions affecting the environment
  • Environmental Code Articles R. 181-1 to R. 181-56: Environmental authorization
  • Environmental Code Articles R. 512-68 to R. 512-81: Common provisions for authorization, registration, and declaration
  • Environmental Code Articles R. 513-1 to R. 513-2: Installations operating under acquired rights
  • Environmental Code Articles R. 515-85 to R. 515-100: Installations classified for environmental protection likely to cause major accidents involving dangerous substances
  • Environmental Code Articles R. 511-9 to R. 511-12: Nomenclature of classified installations

Order of May 26, 2014, relating to the prevention of major accidents in classified installations referred to in Section 9, Chapter V, Title I of Book V of the Environmental Code AMENDED BY the Order of September 24, 2020 [JORF of September 26, 2020]

Order of September 24, 2020, "warehouses" [JORF of September 26, 2020] AMENDS:

  • Order of April 11, 2017, relating to general requirements applicable to covered warehouses subject to heading 1510, including when they also fall under one or more of headings 1530, 1532, 2662, or 2663 of the nomenclature of installations classified for environmental protection
  • Order of April 15, 2010 concerning the general requirements applicable to refrigerated warehouses subject to the registration regime under heading no. 1511 of the nomenclature of classified facilities for environmental protection
  • Order of April 15, 2010 concerning the general requirements applicable to paper and cardboard storage facilities subject to the registration regime under heading no. 1530 of the nomenclature of classified facilities for environmental protection
  • Order of September 11, 2013 concerning the general requirements applicable to facilities subject to the registration regime under heading no. 1532 of the nomenclature of classified facilities for environmental protection
  • Order of April 15, 2010 concerning the general requirements applicable to the storage of polymers (plastics, rubbers, elastomers, synthetic resins and adhesives) subject to the registration regime under heading no. 2662 of the nomenclature of classified facilities for environmental protection
  • Order of April 15, 2010 concerning the general requirements applicable to the storage of tires and products where at least 50% of the total unit mass is composed of polymers (plastics, rubber, elastomers, synthetic resins and adhesives) subject to the registration regime under heading no. 2663 of the nomenclature of classified facilities for environmental protection

Order of October 3, 2010 concerning the storage in manufactured above-ground tanks operated within a classified facility subject to authorization under one or more of headings nos. 1436, 4330, 4331, 4722, 4734, 4742, 4743, 4744, 4746, 4747 or 4748, or for crude oil under one or more of headings nos. 4510 or 4511 of the legislation on classified facilities for environmental protection AMENDED BY Order of September 24, 2020 "mobile containers for flammable liquids" [JORF of September 26, 2020]

Order of July 16, 2012 concerning storage in mobile containers operated within a classified facility subject to authorization under one or more of headings nos. 1436, 4330, 4331, 4722, 4734, 4742, 4743, 4744, 4746, 4747 or 4748, or for crude oil under one or more of headings nos. 4510 or 4511 of the nomenclature of classified facilities for environmental protection and present in a covered warehouse subject to the registration or authorization regime under heading 1510 of the same nomenclature REPEALED BY Order of September 24, 2020 "mobile containers for flammable liquids" [JORF of September 26, 2020]

Order of October 4, 2010 concerning the prevention of accidental risks within classified facilities for environmental protection subject to authorization AMENDED BY Order of September 24, 2020 "prevention of accidental risks" [JORF of September 26, 2020]

Social Security Code Articles R. 461-1 to R. 461-10: Provisions concerning occupational diseases AMENDED BY Decree No. 2020-1131 of September 14, 2020 concerning the recognition of pathologies related to SARS-CoV2 infection as occupational diseases [JORF of September 15, 2020]

Rural and Maritime Fishing Code Articles R. 751-23 to R. 751-25: Tables of occupational diseases in agriculture AMENDED BY:

  • Decree No. 2020-1131 of September 14, 2020 concerning the recognition of pathologies related to SARS-CoV2 infection as occupational diseases [JORF of September 15, 2020]
  • Decree No. 2020-1125 of September 10, 2020 revising and supplementing the tables of occupational diseases annexed to Book VII of the Rural and Maritime Fishing Code [JORF of September 12, 2020]

Regulation 2018/2066 of December 19, 2018 concerning the monitoring and reporting of greenhouse gas emissions AMENDED BY the corrigendum of September 10, 2020 [Official Journal of the European Union of September 10, 2020]

Public Health Code Articles L.1331-1 to L.1331-31: Prevention of health risks related to the environment and work - Healthiness of buildings and urban areas AMENDED BY Ordinance No. 2020-1144 of September 16, 2020 concerning the harmonization and simplification of regulations for buildings, premises, and facilities [JORF of September 17, 2020]

Order of April 3, 2000 concerning the paper industry REPEALED BY Order of September 10, 2020 concerning the general requirements applicable to facilities subject to the authorization regime under headings 2430 (Preparation of paper pulp, excluding activities classified under heading 3610a), 3610a (Manufacture, in industrial facilities, of paper pulp from wood or other fibrous materials) and 3610b (Manufacture, in industrial facilities, of paper or cardboard, with a production capacity exceeding 20 tonnes per day) of the nomenclature of classified facilities for environmental protection [JORF of September 19, 2020]

Order of May 22, 2015 approving organizations to carry out periodic inspections of certain categories of classified facilities subject to declaration AMENDED BY Order of September 22, 2020 [JORF of September 26, 2020]

Order of July 22, 2020 concerning specific construction techniques in areas exposed to differential ground movement phenomena resulting from drought and soil rehydration AMENDED BY Order of September 24, 2020 [JORF of September 30, 2020]

Directive 2008/68/EC of the European Parliament and of the Council of September 24, 2008 concerning the inland transport of dangerous goods AMENDED BY Commission Decision 2020/1241 of August 28, 2020 authorizing Member States to adopt certain derogations [Official Journal of the European Union of 1st September 2020]

List of organizations approved to issue certificates to individuals as per Article R. 521-59 of the Environmental Code, AMENDED BY the Order of March 10, 2020, modifying the Order of October 17, 2011, renewing the approvals of three organizations for the issuance of certificates provided for in Article R. 521-59 of the Environmental Code [Official Journal of September 24, 2020]

Directive 2018/2001 of December 11, 2018, on the promotion of the use of energy from renewable sources, AMENDED BY the corrigendum of September 25, 2020 [Official Journal of September 25, 2020]

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