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The list below is an excerpt of publications in French and European official journals concerning environment, energy, and occupational health and safety from September 2023.
ENVIRONMENT
IOTA: Creation of section 3.3.5.0
Environmental Code Articles R. 214-1 to R. 214-60: Authorization or declaration procedures (Water and aquatic and marine environments) AMENDED BY Decree No. 2023-907 of September 29, 2023, modifying the nomenclature of installations, structures, works, and activities falling under water policing, annexed to Article R. 214-1 of the Environmental Code [Official Journal of September 30, 2023]
The decree of December 29, 2023, creates a new IOTA section 3.3.5.0, which must be used for projects solely aimed at restoring the natural functionalities of aquatic environments listed in this new section. In this case, it is necessary to submit a declaration file to the administration before the works are carried out. A previous section 3.3.5.0 had been annulled by the Council of State in 2022.
Update of principles for public information regarding technological and natural risks
Internal Security Code Articles R. 741-18 to R. 741-38: Specific Intervention Plans AMENDED BY Decree No. 2023-881 of September 15, 2023, issued for the application of Article L. 125-2 of the Environmental Code [Official Journal of September 17, 2023]
The display of safety instructions established under a Specific Intervention Plan (PPI) is mandatory in certain locations. This display must be put in place by the owners of premises and land located within the application zone of a PPI, as listed in Article R. 125-14 of the Environmental Code (e.g., certain public access buildings, certain industrial sites, etc.). Previously, this display obligation fell to the mayors.
ENERGY
New European Directive on Energy Efficiency
Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 2023 on energy efficiency [OJEU of 20 September 2023]
This Directive establishes a European legal framework for energy efficiency. It sets out a common framework of measures for the promotion of energy efficiency within the Union with a view to ensuring the achievement of objectives and enabling further improvements in energy efficiency. It replaces the former Directive 2012/27/EU of 25 October 2012 as of 12 October 2025.
It changes which companies are subject to the energy audit obligation and mandates the implementation of an energy management system for high energy-consuming companies.
Reminder: a directive is not directly applicable; it must be transposed by each Member State into its national law.
SAFETY
Restriction on placing synthetic polymer microplastics on the market
Regulation (EC) No 1907/2006 of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) AS AMENDED BY Regulation 2023/2055 of 25 September 2023 amending Annex XVII to Regulation 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), as regards synthetic polymer microparticles [OJEU of 27 September 2023]
The Regulation of 25 September 2023 adds synthetic polymer microplastics to Annex XVII of the REACH Regulation, which lays down restrictions on the manufacture, placing on the market and use of certain dangerous substances and mixtures.
It also requires several information disclosures, including instructions for use and disposal explaining to downstream industrial users or professional users how to avoid the release of synthetic polymer microparticles into the environment.
It requires manufacturers and downstream users of synthetic polymer microplastics to submit an annual declaration to ECHA.
Taking into account technological developments in emergency alert systems for Public Access Buildings (ERP)
Order of June 25, 1980, approving the general provisions of the safety regulations against fire and panic risks in establishments open to the public, MODIFIED BY the Order of September 11, 2023 [Official Journal of September 19, 2023]
The Order of September 11, 2023, amends certain provisions of the safety regulations against fire and panic risks in establishments open to the public (ERPs) concerning alert devices. This is to account for technological advancements in communication methods for alerting firefighters, such as mobile phones, and the phasing out of "historical" telephone networks (the end of the copper network or the switched telephone network).