HSE and Energy Regulatory Watch for October 2021

Find the texts published in October 2021 on environment, energy, and occupational health and safety: a useful summary for your HSE compliance procedures.

Marie Faucon
Consultante HSE
Publication : 
03.11.2021
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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 French and European official journals concerning environment, energy, and occupational health and safety for October 2021.

New Texts

Energy

  • Decree No. 2021-1273 of September 30, 2021, amending the regulatory part of the energy code concerning specific provisions related to the sale of biogas [JORF of 1st October 2021] ESTABLISHES:
    • Energy Code Articles R. 446-12-20 to R. 446-12-67: Remuneration supplement;
    • Energy Code Article D. 446-13: Conditions for injecting biomethane into natural gas networks (AMENDED BY Decree No. 2021-1280 of October 1, 2021, relating to the call for projects procedure for electricity or biogas production facilities using renewable energies or innovative technologies);
    • Energy Code Article D. 446-14: The buyer of last resort;
    • Energy Code Articles R. 446-15 to R. 446-16-20: Monitoring and control of facilities benefiting from a support mechanism (AMENDED BY Decree No. 2021-1280 of October 1, 2021, relating to the call for projects procedure for electricity or biogas production facilities using renewable energies or innovative technologies).
  • Decree No. 2021-1280 of October 1, 2021, relating to the call for projects procedure for electricity or biogas production facilities using renewable energies or innovative technologies [JORF of October 2, 2021] ESTABLISHES:
    • Energy Code Articles R. 314-71 to R. 314-92: The experimental contract
    • Energy Code Article R. 446-45 to R. 446-79: The experimental contract
  • Order of September 28, 2021, relating to controls within the framework of the energy savings certificates scheme [JORF of October 5, 2021]

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Waste

  • Decree No. 2021-1285 of October 1, 2021, relating to the identification of hazardous substances in waste-generating products [JORF of October 3, 2021]
  • Order of September 24, 2021, relating to the maximum authorized plastic content in single-use plastic cups [JORF of October 15, 2021]
  • Order of October 1, 2021, relating to the arrangements for press publications to contribute in-kind to the prevention and management of their waste, issued pursuant to Article D. 543-212-3 of the Environmental Code [JORF of October 27, 2021]

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Natural Hazards

  • Order of September 23, 2021, establishing the list of types of flood vulnerability reduction works eligible for the major natural risk prevention fund, within the framework of a flood prevention action program [JORF of October 6, 2021]

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Amended Texts

Classified Facilities

  • Order of September 22, 2021, amending the ministerial orders of September 24, 2020, and October 3, 2010, relating to the storage of flammable liquids operated within a classified facility for environmental protection subject to authorization, the Order of May 26, 2014, relating to the prevention of major accidents in classified facilities mentioned in Section 9, Chapter V, Title I of Book V of the Environmental Code, and the Order of October 4, 2010, relating to the prevention of accidental risks within classified facilities for environmental protection subject to authorization [JORF of October 2, 2021] AMENDS:
    • Order of September 24, 2020, relating to the storage of flammable liquids in mobile containers, operated within a classified facility for environmental protection subject to authorization;
    • Order of May 26, 2014, relating to the prevention of major accidents in classified facilities mentioned in Section 9, Chapter V, Title I of Book V of the Environmental Code;
    • Order of October 4, 2010, relating to the prevention of accidental risks within classified facilities for environmental protection subject to authorization;
    • Order of October 3, 2010, relating to the storage of flammable liquids in manufactured above-ground tanks, operated within a classified facility for environmental protection subject to authorization.
  • Order of December 22, 2008, relating to the general requirements applicable to classified facilities subject to declaration 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 AMENDED BY the Order of September 22, 2021 [JORF of October 2, 2021]
  • Order of June 1, 2015, relating to the general requirements applicable to facilities subject to the registration regime under at least one of headings 4331 or 4734 of the nomenclature of classified facilities for environmental protection AMENDED BY the Order of September 22, 2021 [JORF of October 2, 2021]

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Environment

  • LAW No. 2021-1308 of October 8, 2021, introducing various provisions for adaptation to European Union law in the fields of transport, environment, economy, and finance [JORF of October 9, 2021] AMENDS:
    • Environmental Code Articles L. 181-1 to L. 181-32: Environmental Authorization
    • Environmental Code Articles L. 541-1 to L. 541-50: Waste Prevention and Management
    • Environmental Code Articles L. 212-1 to L. 212-11: Planning
    • General Code of Local Authorities Articles L. 2224-7 to L. 2224-12-5: Water and Sanitation
    • Environmental Code Articles L. 411-1 to L. 411-3: Conservation of Sites of Geological Interest, Natural Habitats, Animal or Plant Species and Their Habitats
    • Environmental Code Articles L. 124-1 to L. 124-8: Right of Access to Environmental Information
  • Order of October 28, 2021, on the abolition of the requirement for companies to present an extract from the trade and companies register or the trades directory in their administrative procedures in the fields of ecology, sustainable development, transport, energy, and housing [Official Journal of October 30, 2021] AMENDS:
    • Order of July 28, 1995, setting out the procedures for submitting applications concerning mining titles and their annexes;
    • Order of August 12, 1998, on the composition of the declaration file and the declaration receipt for waste transport activities;
    • Order of September 9, 1998, on the composition of the declaration file for waste trading and brokerage activities;
    • Order of October 13, 2008, on the issuance of certificates of aptitude provided for in Article R. 543-106 of the Environmental Code;
    • Order of November 24, 2014, on the implementation modalities of the energy audit provided for in Chapter III of Title III of Book II of the Energy Code;
    • Order of September 28, 2021, on controls within the framework of the energy savings certificates scheme;
    • Order of November 15, 2017, specifying the categories and criteria for the accreditation of organizations involved in the safety of hydraulic structures, as well as the administrative organization of their issuance.

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Energy

  • Energy Code Articles R. 314-1 to R. 314-52-11: Support schemes for renewable energies and natural gas-fired cogeneration AMENDED BY:
    • Decree No. 2021-1300 of October 6, 2021, on the categories of installations eligible for the purchase obligation, amending Article D. 314-15 of the Energy Code [Official Journal of October 8, 2021]
    • Decree No. 2021-1280 of October 1, 2021, on the call for projects procedure for electricity or biogas production facilities using renewable energies or innovative technologies [Official Journal of October 2, 2021]
  • Energy Code Articles D. 446-3 to D. 446-16: Conditions for contracting between biomethane producers and natural gas suppliers AMENDED BY Decree No. 2021-1273 of September 30, 2021, amending the regulatory part of the Energy Code concerning specific provisions relating to the sale of biogas [Official Journal of October 1st 2021]
  • Decree No. 2021-1280 of October 1, 2021, relating to the call for projects procedure for electricity or biogas production facilities using renewable energies or innovative technologies [Official Journal of October 2, 2021] AMENDS:
    • Energy Code Articles R. 311-12 to D. 311-27-16: Competitive bidding procedures.
    • Energy Code Articles R. 446-1 to R. 446-2: Conditions for the sale of biomethane to natural gas suppliers (also AMENDED BY Decree No. 2021-1273 of September 30, 2021, amending the regulatory part of the Energy Code concerning specific provisions relating to the sale of biogas).
  • Order of December 29, 2014, relating to the terms of application of the energy savings certificate scheme AMENDED BY:
    • Order of September 28, 2021, amending the Order of September 4, 2014, establishing the list of elements for an energy savings certificate application and documents to be archived by the applicant, the Order of December 22, 2014, defining standardized energy savings operations, and the Order of December 29, 2014, relating to the terms of application of the energy savings certificate scheme [Official Journal of October 13, 2021];
    • Order of September 28, 2021, relating to controls within the framework of the energy savings certificate scheme [Official Journal of October 5, 2021];
    • Order of September 30, 2021, amending the Order of December 29, 2014, relating to the terms of application of the energy savings certificate scheme [Official Journal of October 2, 2021].
  • Order of October 8, 2021, amending the calculation method and procedures for establishing the energy performance diagnosis [Official Journal of October 14, 2021] AMENDS:
    • Order of March 31, 2021, relating to the energy performance diagnosis for residential buildings or parts of buildings in mainland France;
    • Order of March 31, 2021, relating to the methods and procedures applicable to the energy performance diagnosis and the software used to establish it.
  • Commission Regulation (EU) 2019/2020 of October 1, 2019, laying down ecodesign requirements for light sources and separate control gears pursuant to Directive 2009/125/EC AMENDED BY the Corrigendum of October 7, 2021 [Official Journal of the European Union of October 7, 2021].

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Genetically Modified Organisms

  • Ordinance No. 2021-1325 of October 13, 2021, reforming the evaluation of biotechnologies and simplifying the procedure applicable to contained uses of genetically modified organisms presenting zero or negligible risk [JORF of October 14, 2021] AMENDS:
    • Environmental Code Articles L. 125-1 to L. 125-9: Other information methods;
    • Environmental Code Articles L. 181-1 to L. 181-32: Environmental authorization;
    • Environmental Code Articles L. 531-1 to L. 531-5: General provisions;
    • Environmental Code Articles L. 532-1 to L. 532-6: Contained use of genetically modified organisms;
    • Environmental Code Articles L. 533-1 to 9: Deliberate release of genetically modified organisms;
    • Environmental Code Articles L. 535-1 to L. 535-8: Administrative control and sanctions;
    • Environmental Code, Articles L. 536-1 to 7: Penal provisions.

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Waste

  • Environmental Code Articles D. 541-1 to R. 541-12-24: General provisions relating to waste prevention and management AMENDED BY Decree No. 2021-1334 of October 13, 2021 relating to the National Council for the Circular Economy [JORF of October 15, 2021]
  • Regulation No. 1418/2007 of November 29, 2007 concerning the export of certain waste intended for recovery, to certain countries to which the OECD decision on the control of transboundary movements of waste does not apply AMENDED BY Regulation 2021/1840 of October 20, 2021 [OJEU of October 21, 2021]
  • Order of December 28, 2016 issued pursuant to Article D. 543-212-3 of the Environmental Code REPEALED BY the Order of October 1, 2021 relating to the terms of contribution of press publications in the form of in-kind services to the prevention and management of their waste issued pursuant to Article D. 543-212-3 of the Environmental Code [JORF of October 27, 2021].
  • Decree No. 2021-1395 of October 27, 2021 relating to the management of used oils and the extended producer responsibility for mineral or synthetic, lubricating or industrial oils [JORF of October 29, 2021] AMENDS:
    • Environmental Code Articles R. 543-3 to R. 543-15: Used oils;
    • Environmental Code Articles R. 541-42 to R. 541-48-4: Waste Treatment;
    • Environmental Code Articles R. 541-49 to R. 541-61-2: Waste Collection, Transport, Trading, and Brokerage;
    • Environmental Code Articles R. 543-228 to R. 543-239: Chemical Products Potentially Posing a Significant Risk to Health and the Environment.
  • Order of September 4, 2014, establishing the list of elements required for an energy savings certificate application and the documents to be archived by the applicant AMENDED BY :
    • Order of October 28, 2021, concerning the removal of the requirement for companies to present an extract from the trade and companies register or the crafts register in their administrative procedures in the fields of ecology, sustainable development, transport, energy, and housing [Official Journal of October 30, 2021];
    • Order of September 28, 2021, amending the Order of September 4, 2014, establishing the list of elements required for an energy savings certificate application and the documents to be archived by the applicant, the Order of December 22, 2014, defining standardized energy savings operations, and the Order of December 29, 2014, concerning the application procedures for the energy savings certificate scheme [Official Journal of October 13, 2021].
  • Environmental Code Articles D. 541-310 to R. 541-351: Fight for Reuse and Against Waste AMENDED BY:
    • Decree No. 2021-1318 of October 8, 2021, concerning the obligation to present unprocessed fresh fruits and vegetables for sale without packaging composed entirely or partially of plastic material [Official Journal of October 12, 2021];
    • Decree No. 2021-1279 of September 30, 2021, concerning the marking of certain single-use plastic products [Official Journal No. 0230 of October 2, 2021].

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Natural Hazards

  • Order of February 11, 2019, establishing the list of types of flood vulnerability reduction works eligible for the major natural risk prevention fund, as part of a flood prevention action program REPEALED BY the Order of September 23, 2021 [Official Journal of October 6, 2021].
  • Order of October 22, 2010, concerning the classification and seismic construction rules applicable to buildings of the so-called "normal risk" class AMENDED BY the Order of September 8, 2021 [Official Journal of October 1, 2021].

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Water

  • Environmental Code Articles L. 218-1 to L. 218-31: Pollution from ship discharges AMENDED BY Law No. 2021-1308 of October 8, 2021, introducing various provisions for adaptation to European Union law in the fields of transport, environment, economy, and finance [Official Journal of October 9, 2021].

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Chemical Risks

  • Environmental Code Articles L. 521-1 to L. 521-24: Control of Chemical Products AMENDED BY Law No. 2021-1308 of October 8, 2021, introducing various provisions for adaptation to European Union law in the fields of transport, environment, economy, and finance [Official Journal of October 9, 2021].

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Road Safety

  • Road Traffic Code Articles R. 234-1 to R. 234-7: Driving Under the Influence of Alcohol AMENDED BY Decree No. 2021-1351 of October 15, 2021, implementing road safety measures provided for by Law No. 2021-646 of May 25, 2021, for global security preserving freedoms [Official Journal of October 17, 2021].

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Safety

  • Regulation No. 853/2004 of the European Parliament and of the Council of April 29, 2004, laying down specific hygiene rules for food of animal origin AMENDED BY Regulation 2021/1756 of the European Parliament and of the Council of October 6, 2021 [Official Journal of the European Union of October 8, 2021].
  • Order of October 28, 2021, concerning the abolition of the requirement for companies to present an extract from the trade and companies register or the trades directory in their administrative procedures in the fields of ecology, sustainable development, transport, energy, and housing [Official Journal of October 30, 2021] AMENDS:
    • Order of June 18, 1991, concerning the establishment and organization of technical inspections for vehicles weighing no more than 3.5 tonnes;
    • Order of July 27, 2004, concerning the technical inspection of heavy vehicles;
    • Order of February 22, 2007, defining the certification conditions for companies carrying out asbestos removal or containment work;
    • Order of May 9, 2008, concerning the approval procedure for project managers and inspectors of ski lifts and moving walkways mentioned in Article L. 342-17-1 of the Tourism Code;
    • Ministerial Order of May 29, 2009, relating to the transport of dangerous goods by land (known as the "TMD Order");
    • Ministerial Order of May 7, 2015, relating to essential tasks for railway safety other than train driving, issued pursuant to Articles 6 and 26 of Decree No. 2006-1279 of October 19, 2006, as amended, relating to the safety of railway operations and the interoperability of the railway system;
    • Ministerial Order of April 12, 2016, relating to the safety management system provided for in Article R. 342-12 of the Tourism Code;
    • Ministerial Order of May 15, 2020, relating to the recognition and monitoring of companies authorized as security organizations.

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Security

  • Decree No. 2021-1287 of October 1, 2021, relating to the control of the manufacture and trade of drug precursors in the overseas territories [Official Journal of October 3, 2021] AMENDS:
    • Decree No. 98-664 of July 29, 1998, relating to sample collection procedures provided for in Article 10 of Law No. 96-542 of June 19, 1996, relating to the control of the manufacture and trade of certain substances liable to be used for the illicit manufacture of narcotics or psychotropic substances;
    • Decree No. 2019-917 of August 30, 2019, relating to the control of the manufacture and trade of drug precursors.
  • Ministerial Order of July 1, 2016, relating to the certification of training organizations for private security activities and private investigation activities AMENDED BY Ministerial Order of October 14, 2021 [Official Journal of October 16, 2021].