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The list below is an extract from the French and European Official Gazettes concerning the environment, energy and health and safety at work in September 2024.
ENVIRONMENT
Reinforced 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 Implementing Regulation Commission Implementing Regulation (EU) 2024/2493 of September 23, 2024 amending Implementing Regulation (EU) 2018/2066 as regards updating the monitoring and reporting of greenhouse gas emissions under Directive 2003/87/EC of the European Parliament and of the Council [OJEU of September 27, 2024].
As a reminder, the Regulation on the monitoring and reporting of greenhouse gas emissions, known as the MRR Regulation, is used to monitor and report greenhouse gas emissions linked to activities covered by Annex I of the EU ETS Directive, to activity data from fixed installations, to aviation activities and to the quantities of fuels released for consumption in the context of activities covered by Annex III of the same Directive.
The September 23, 2024 regulation amends the MRR regulation by adding or adapting provisions relating to :
- Comprehensive monitoring and reporting ;
- The treatment of emissions from biomass, renewable fuels of non-biological origin, recycled carbon-based fuels and low-carbon synthetic fuels;
- The calculation-based method ;
- The measurement-based method ;
- CO2 transfers ;
- Emissions chemically linked to a product ;
- The case of regulated entities ;
- Emissions from the aviation sector.
Overhaul of certification categories for natural and legal persons working on certain equipment containing certain fluorinated greenhouse gases
Commission Implementing Regulation (EU) 2015/2067 of November 17, 2015 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements and conditions for the mutual recognition of 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, as well as to the certification of companies as regards stationary refrigeration, air conditioning and heat pump equipment containing fluorinated greenhouse gases ABROGATED AND REPLACED BY Implementing Regulation (EU) 2024/2215 [OJEU 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 individuals responsible for carrying out work (installation, leak testing, repair, gas recovery, etc.) on the following equipment:
- fixed refrigeration equipment;
- fixed air-conditioning and heat pump equipment;
- fixed organic Rankine cycles;
- refrigeration units for refrigerated trucks and trailers;
- refrigeration units for refrigerated light commercial vehicles, intermodal containers and refrigerated wagons.
It lays down the minimum requirements applicable to them, as well as the categories of certificates.
SAFETY
Marketing and use restrictions for undecafluorohexanoic acid (PFHxA), its salts and PFHxA-related substances
Regulation (EC) No 1907/2006 of the European Parliament and of the Council of December 18, 2006 concerning the Registration, Evaluation, Authorization 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 AMENDED BY Commission Regulation (EU) 2024/2462 of September 19, 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, September 20, 2024].
As a reminder, the REACH regulation sets the framework for the obligations incumbent on manufacturers, importers and users of chemicals in the European Union.
A new ban on undecafluorohexanoic acid applies, in the event of marketing or use, when 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 for (personal protective equipment, medical devices, textiles, etc.).
Unless exempted, it takes effect from April 10, 2026, October 10, 2027 or October 10, 2029 depending on the type of equipment.
Modification of classification and addition of substances to the CLP regulation as part of the 22nd Adaptation to Technical Progress (ATP).
Regulation (EC) No 1272/2008 of the European Parliament and of the Council of December 16, 2008 on classification, labeling and packaging of substances and mixtures AMENDED BY Commission Delegated Regulation (EU) 2024/2564 of June 19, 2024 amending Regulation (EC) No 1272/2008 of the European Parliament and of the Council as regards the harmonized classification and labeling of certain substances [OJEU September 30, 2024].
As a reminder, the CLP regulation aligns the classification, labeling and packaging of chemical substances and mixtures with the establishment of a globally harmonized system.
This regulation introduces 27 new harmonized classifications to Annex VI of the CLP Regulation, and amends 16 pre-existing entries.
It will apply from May1, 2026. However, substances and mixtures can already be classified, labeled and packaged in accordance with this new amendment.
New POP substance banned and modification of waiver 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 of the Council as regards hexabromocyclododecane AND Commission Delegated Regulation (EU) 2024/2570 of July 22, 2024 amending Regulation (EU) 2019/1021 of the European Parliament and of the Council as regards methoxychlor [OJEU September 27, 2024].
As a reminder, one of the aims of the POPs regulation is to ban and eliminate persistent organic pollutants.
These by-laws amend the POP by-law with respect to :
- 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 flame-retardant constituents.