HSE and Energy Regulatory Watch for October 2023

French and European texts concerning environment, energy, and occupational health and safety from October 2023.

Marie Faucon
Consultante HSE
Publication : 
15.11.2023
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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 of publications in the French and European official journals concerning environment, energy, and occupational health and safety from October 2023.

Environnement

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ENVIRONMENT

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Amendment of sections 2251 and 2630

Environmental Code Articles R. 511-9 to R. 511-12: Nomenclature of classified installations AMENDED BY Decree No. 2023-943 of October 11, 2023, amending the nomenclature of classified installations for environmental protection [Official Journal of October 13, 2023]

The Decree of October 11, 2023, first abolishes the authorization regime for ICPE section 2251 (preparation, conditioning of wines, excluding installations classified under section 3642). The thresholds for the declaration and registration regimes remain unchanged. Regarding section 2630 (manufacture of or based on detergents and soaps, excluding activities classified under section 3410), the authorization regime is abolished in favor of registration.

General requirements applicable to installations subject to the registration regime under section 2630 (manufacture of detergents and soaps) of the nomenclature of classified installations for environmental protection

Order of October 11, 2023, concerning general requirements applicable to installations subject to the registration regime under section 2630 (manufacture of detergents and soaps) of the nomenclature of classified installations for environmental protection [Official Journal of October 13, 2023]

This order establishes the general requirements applicable to ICPEs registered under section 2630, titled. This concerns activities involving the manufacture of or based on detergents and soaps when the production capacity exceeds 50 t/day.

Changes in public participation procedures

Environmental Code Articles L. 181-1 to L. 181-32: Environmental authorization AMENDED BY Law No. 2023-973 of October 23, 2023, on green industry [Official Journal of October 24, 2023]

The law on green industry provides for the modernization of public consultation. Henceforth, the environmental authorization process comprises two phases (instead of three) to shorten the timeframe:

  1. The review and consultation phases occur simultaneously;
  2. A decision phase.

The review and consultation phase now lasts three months (compared to five previously, except in specific cases).

Consideration of best available techniques, improved fire fighting, and facilitating the operation of waste storage cells operated in "bioreactor" mode to optimize their biogas production

Order of February 15, 2016, concerning non-hazardous waste storage facilities AMENDED BY the Order of August 7, 2023 [JORF of October 27, 2023]

Following the publication of the Best Available Techniques (BAT) for waste treatment facilities on August 17, 2018, the Order of August 7, 2023 aims to identify and prescribe the BAT applicable to non-hazardous waste storage facilities subject to authorization under heading 2760 of the ICPE nomenclature, in order to provide a relevant reference framework for the review procedure which will conclude on August 17, 2025.

Sécurité

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SAFETY‍

New table of occupational diseases for laryngeal and ovarian cancers caused by asbestos dust inhalation

Social Security Code Articles R. 461-1 to R. 461-10: Provisions concerning occupational diseases AMENDED BY Decree No. 2023-946 of October 14, 2023, revising and supplementing the tables of occupational diseases appended to Book IV of the Social Security Code [JORF of October 15, 2023]

Table No. 30 ter, concerning laryngeal and ovarian cancers caused by asbestos dust inhalation, has been added to the tables of occupational diseases. The coverage period is 35 years, subject to a minimum exposure duration of 5 years. The exhaustive list of work activities likely to cause these diseases includes, in particular:

  • Work directly associated with the production of asbestos-containing materials;
  • Work requiring the use of bulk asbestos;
  • Insulation work using asbestos-containing materials;
  • Asbestos removal work;
  • Installation and removal work of asbestos-containing insulating materials;
  • Shipbuilding and repair work….