HSE and Energy Regulatory Watch for September 2024

In September 2024, HSE and Energy regulatory monitoring covers greenhouse gases, F-Gas certification, PFHxA restrictions, CLP, and prohibited POP substances.

Caroline Mardon
Consultante HSE
Publication : 
21.10.2024
Table of Contents
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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 extract from publications in the French and European official journals concerning environment, energy, and occupational health and safety for September 2024.

Environnement

ENVIRONMENT

Strengthening of provisions for the reporting and monitoring of greenhouse gas emissions under the EU ETS

Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 AMENDED BY Commission Implementing Regulation (EU) 2024/2493 of 23 September 2024 amending Implementing Regulation (EU) 2018/2066 as regards the update of the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council [OJEU of 27 September 2024]

As a reminder, the regulation on the monitoring and reporting of greenhouse gas emissions, known as the MRR Regulation, serves for the monitoring and reporting of greenhouse gas emissions related to activities listed in Annex I of the EU ETS Directive, to activity data from stationary installations, to aviation activities, as well as to the quantities of fuels placed on the market for consumption under the activities listed in Annex III of the same directive.

The Regulation of 23 September 2024 introduces amendments to the MRR Regulation by adding or adapting provisions concerning:

  • The completeness of monitoring and reporting;
  • The treatment of emissions from biomass, from renewable fuels of non-biological origin, from recycled carbon fuels, and from low-carbon synthetic fuels;
  • The calculation-based method;
  • The measurement-based method;
  • CO2 transfers;
  • Emissions chemically bound in a product;
  • The case of regulated entities;
  • Emissions from the aviation sector.

Recasting of certification categories for natural and legal persons working on certain equipment containing certain fluorinated greenhouse gases

Commission Implementing Regulation (EU) 2015/2067 of 17 November 2015 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of natural persons as regards stationary refrigeration, air conditioning and heat pump equipment, and refrigeration units of refrigerated trucks and trailers containing fluorinated greenhouse gases, and for the certification of undertakings as regards stationary refrigeration, air conditioning and heat pump equipment containing fluorinated greenhouse gases REPEALED AND REPLACED BY Implementing Regulation (EU) 2024/2215 [OJEU of 9 September 2024]

As a reminder, natural or legal persons working on equipment containing fluorinated greenhouse gases must be certified.

This new regulation sets out the new certification procedures for companies and natural persons responsible for carrying out work (installation, leak checks, repair, gas recovery, etc.) on the following equipment:

  • fixed refrigeration equipment;
  • fixed air conditioning and heat pump equipment;
  • fixed organic Rankine cycles;
  • refrigeration units of refrigerated trucks and refrigerated trailers;
  • refrigeration units of refrigerated light commercial vehicles, intermodal containers, and refrigerated rail wagons.

It sets the minimum requirements applicable to them, as well as the certificate categories.

Sécurité

SAFETY

Restrictions on placing on the market and use concerning undecafluorohexanoic acid (PFHxA), its salts, and PFHxA-related 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), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC AS AMENDED BY Commission Regulation (EU) 2024/2462 of 19 September 2024 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards undecafluorohexanoic acid (PFHxA), its salts and PFHxA-related substances [OJEU of 20 September 2024]

As a reminder, the REACH regulation sets the framework for obligations incumbent on manufacturers, importers, and users of chemical products in the European Union.

A new prohibition concerning undecafluorohexanoic acid applies when placed on the market or used, provided that the concentration measured in a homogeneous material is greater than or equal to 25 ppb for the sum of PFHxA and its salts, or greater than or equal to 1000 ppb for the sum of PFHxA-related substances. Certain exemptions are provided (personal protective equipment, medical devices, textiles, etc.).

Unless exempted, it takes effect from 10 April 2026, 10 October 2027, or 10 October 2029, depending on the type of equipment.

Classification amendment and addition of substances to the CLP Regulation under the 22nd Adaptation to Technical Progress (ATP)

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 AS AMENDED BY Commission Delegated Regulation (EU) 2024/2564 of 19 June 2024 amending Regulation (EC) No 1272/2008 of the European Parliament and of the Council as regards the harmonised classification and labelling of certain substances [OJEU of 30 September 2024]

As a reminder, the CLP Regulation aligns the classification, labelling and packaging of chemical substances and mixtures with the implementation of a globally harmonised system.

This regulation introduces 27 new harmonised classifications in Annex VI to the CLP Regulation and amends 16 pre-existing entries.

It is applicable from 1er May 2026. However, substances and mixtures can already be classified, labeled, and packaged in accordance with this new amendment.

New prohibited POP substance and amendment of derogation conditions for another substance

Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants AMENDED BY Commission Delegated Regulation (EU) 2024/2555 of 21 March 2024 amending Regulation (EU) 2019/1021 of the European Parliament and of the Council as regards hexabromocyclododecane AND Commission Delegated Regulation (EU) 2024/2570 of 22 July 2024 amending Regulation (EU) 2019/1021 of the European Parliament and of the Council as regards methoxychlor  [OJEU of 27 September 2024]

As a reminder, the POPs Regulation aims, among other things, to prohibit and eliminate persistent organic pollutants.

These regulations introduce amendments to the POPs Regulation concerning:

  • the addition of methoxychlor (insecticide) as a now prohibited substance, with the exception of concentrations equal to or less than 0.01 mg/kg (0.000001% by mass) present in substances, mixtures, or articles;
  • the tightening of derogation conditions for the use of hexabromocyclododecane (brominated flame retardant), by lowering the permitted concentrations from 100 mg/kg to 75 mg/kg (0.0075% by mass) in substances, articles, or mixtures, or as a flame-retardant component.

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