HSE and Energy Regulatory Watch for May 2021

Review of the main HSE and energy regulatory publications from May 2021: decrees, orders, and laws impacting environment, health, and safety at work.

Marie Faucon
Consultante HSE
Publication : 
03.06.2021
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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 extract of publications in the French and European official journals concerning environment, energy, and occupational health and safety from May 2021.

New Texts

Order of May 4, 2021, relating to data concerning the geographical location and technical characteristics of charging stations and points for electric vehicles [Official Journal of May 5, 2021].

Energy Code Articles R. 353-5-1 to D. 353-6-2: Deployment of a charging infrastructure network:

  • CREATED BY Decree No. 2021-565 of May 10, 2021, relating to master plans for the development of publicly accessible charging infrastructures for electric vehicles and plug-in hybrid vehicles [Official Journal of May 11, 2021]
  • MODIFIED BY Decree No. 2021-566 of May 10, 2021, relating to the provision of usage information for publicly accessible charging infrastructures for electric vehicles and plug-in hybrid vehicles [Official Journal of May 11, 2021]

Order of May 26, 2021, relating to health control and monitoring of swimming pool water, issued pursuant to Articles D. 1332-1 and D. 1332-10 of the Public Health Code [Official Journal of May 27, 2021]

Order of May 26, 2021, relating to the limits and quality standards for swimming pool water, issued pursuant to Article D. 1332-2 of the Public Health Code [Official Journal of May 27, 2021]

Order of May 26, 2021, relating to the use of water not originating from a drinking water distribution network for supplying a swimming pool, issued pursuant to Articles D. 1332-4 and D. 1332-10 of the Public Health Code [Official Journal of May 27, 2021].

Modified Texts

Order of June 30, 2004, establishing the list of indicative occupational exposure limit values pursuant to Article R. 232-5-5 of the Labor Code, MODIFIED BY the Order of May 3, 2021, setting indicative occupational exposure limit values for certain chemical agents [Official Journal of May 7, 2021]

Order of October 26, 2020, setting the list of carcinogenic substances, mixtures, and processes within the meaning of the Labor Code, MODIFIED BY the Order of May 3, 2021 [Official Journal of May 7, 2021]

Social Security Code Articles R. 461-1 to R. 461-10: Provisions concerning occupational diseases, MODIFIED BY Decree No. 2021-636 of May 20, 2021, revising and supplementing the tables of occupational diseases annexed to Book IV of the Social Security Code [Official Journal of May 22, 2021]

Order of March 3, 2017, setting the national model for an application for registration of an installation classified for environmental protection, MODIFIED BY the Order of May 5, 2021 [Official Journal of May 15, 2021]

Regulation No. 1272/2008 of December 16, 2008, on the classification, labelling, and packaging of substances and mixtures, MODIFIED BY:

  • Delegated Regulation 2021/849 of March 11, 2021 [Official Journal of the European Union of May 28, 2021]
  • Delegated Regulation 2021/797 of March 8 [Official Journal of the European Union of May 19, 2021]

Order of May 29, 2009, relating to the transport of dangerous goods by land (known as the "TMD order"), MODIFIED BY:

  • Order of May 28, 2021 [Official Journal of May 30, 2021]
  • Order of May 14 [Official Journal of May 15, 2021]

Order of July 18, 2000 regulating the transport and handling of dangerous goods in seaports (known as "RPM") AMENDED BY the Order of May 28, 2021 amending the regulation annexed to the Order of July 18, 2000 [Official Journal of May 30, 2021]

LAW No. 2021-646 of May 25, 2021 for global security preserving freedoms [Official Journal of May 26, 2021] AMENDS:

  • Internal Security Code Articles L. 611-1 to L. 612-25: Private security activities – General provisions and conditions for exercise
  • Internal Security Code Articles L. 617-1 to L. 617-16: Private security activities – Penal provisions
  • Internal Security Code Articles L. 631-1 to L. 635-1: Private security activities – National Council for Private Security Activities
  • Internal Security Code Articles L. 613-1 to L. 613-13: Private security activities – Conditions of exercise
  • Internal Security Code Articles L. 625-1 to L. 625-7: Private security activities – Training for private security activities
  • Internal Security Code Articles L. 251-1 to L. 255-1: Video Surveillance
  • Defense Code Articles L. 1332-1 to L. 1332-7: Protection of critical infrastructure
  • Defense Code, Articles L. 2352-1 to L. 2352-2: Authorizations and Approval

Decree No. 2017-26 of January 12, 2017 relating to charging infrastructure for electric vehicles [...] AMENDED BY Decree No. 2021-546 of May 4, 2021 [Official Journal of May 5, 2021]

Order of December 29, 2020 setting the terms and conditions for publication of the percentage of low and very low emission vehicles among vehicles integrated into a fleet renewal AMENDED BY the Order of April 28, 2021 [Official Journal of May 6, 2021]

Transport Code Articles R. 3314-1 to R. 3314-28: Professional training for drivers AMENDED BY Decree No. 2021-542 of April 30, 2021 lowering the minimum age for driving certain heavy public transport vehicles by persons who have received specific training [Official Journal of May 2, 2021]

Labor Code Articles L. 4625-1 to L. 4625-2: Medical surveillance of specific categories of workers AMENDED BY Ordinance No. 2021-611 of May 19, 2021 relating to family services [Official Journal of May 20, 2021]

Decree No. 2021-631 of May 21, 2021 relating to 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 [Official Journal of May 22, 2021] AMENDS:

  • Internal Security Code Articles R. 613-1 to R. 613-92: Private security activities – Conditions of exercise
  • Internal Security Code Articles R. 625-1 to R. 625-21: Private security activities – Training for private security activities
  • Energy Code Articles R. 221-1 to R. 221-13: Individual energy saving obligations

Order of December 21, 2020, concerning the organization of continuing education in first aid AMENDED BY the Order of May 10, 2021, amending Annex II of the Order of December 21, 2020 [Official Journal of May 22, 2021]

Environmental Code Articles D. 523-8 to D. 523-11: Interministerial Group on Chemical Products AMENDED BY Decree No. 2021-662 of May 26, 2021, concerning the control of good laboratory practices by the French Accreditation Committee [Official Journal of May 28, 2021]

Transport Code Articles D. 1252-1 to R.1252-9: Transport of dangerous goods AMENDED BY:

  • Decree No. 2021-679 of May 28, 2021, establishing within the High Council for the Prevention of Technological Risks a permanent sub-committee responsible for matters concerning the transport of dangerous goods [Official Journal of May 30, 2021]
  • Decree No. 2021-678 of May 28, 2021, repealing or amending various provisions relating to the interministerial commission for the transport of dangerous goods [Official Journal of May 30, 2021]

Public Health Code Articles R. 4312-1 to R. 4312-92: Nurses' Code of Ethics AMENDED BY Decree No. 2021-684 of May 28, 2021, concerning the regime for decisions taken in matters of health, care, or social or medico-social support for adults subject to a legal protection measure [Official Journal of May 30, 2021]

Order of April 26, 2021, concerning programs under the energy savings certificates scheme [Official Journal of May 2, 2021] AMENDS:

  • Order of February 27, 2020, validating 12 programs under the energy savings certificates scheme
  • Order of September 26, 2018, validating the program "Voluntary Environmental Commitments for Logistics and Passenger Transport Stakeholders (EVE)" under the energy savings certificates scheme
  • Order of March 1, 2019, validating the programs "Young People Commit to Energy Savings", "PEPZ'" [...] under the energy savings certificates scheme

Energy Code Articles R. 314-1 to R. 314-52-11: Support mechanisms for renewable energies and natural gas cogeneration AMENDED BY Decree No. 2021-577 of May 11, 2021, removing eligibility for remuneration supplements for installations primarily using energy extracted from geothermal deposits [Official Journal of May 13, 2021]

Environmental Code Articles D. 213-1 to D. 213-12: National Water Committee AMENDED BY Decree No. 2021-588 of May 14, 2021, concerning the creation of a hydrological anticipation and monitoring committee [Official Journal of May 15, 2021]

Decree No. 2021-656 of May 26, 2021, concerning the sanitary safety of swimming pool water [Official Journal of May 27, 2021] AMENDS:

  • Public Health Code Articles D. 1332-1 to D. 1332-13: Sanitary rules applicable to swimming pools
  • Public Health Code Articles D. 1332-43 to D. 1332-54: Artificial bathing areas

Order of April 7, 1981, concerning technical provisions applicable to swimming pools AMENDED BY the Order of May 26, 2021 [Official Journal of May 27, 2021]

Decree No. 2021-632 of May 21, 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 [Official Journal of May 22, 2021] AMENDS:

  • Energy Code Articles D. 446-3 to D. 446-16: Contractualization conditions between biomethane producers and natural gas suppliers
  • Energy Code Articles D. 461-1 to D. 461-14: Gas-intensive consumers
  • Decree No. 2011-1661 of November 28, 2011, concerning electronic breathalyzer interlock devices

Environmental Code Articles R. 551-1 to R. 551-13: Infrastructure works for parking, loading, or unloading hazardous materials (hazard studies) AMENDED BY:

  • Decree No. 2021-678 of May 28, 2021 repealing or amending various provisions relating to the interministerial commission for the transport of hazardous materials [Official Journal of May 30, 2021]
  • Decree No. 2021-618 of May 19, 2021 concerning the merger of the autonomous port of Paris and the major seaports of Le Havre and Rouen into a single public establishment [Official Journal of May 20, 2021]

Environmental Code Articles D. 510-1 to D. 510-67: High Council for the Prevention of Technological Risks AMENDED BY Decree No. 2021-679 of May 28, 2021 establishing within the High Council for the Prevention of Technological Risks a permanent sub-commission responsible for hazardous materials transport issues [Official Journal of May 30, 2021]

Labor Code Articles R. 4532-1 to R.4532-98: Coordination during building and civil engineering operations AMENDED BY Decree No. 2021-652 of May 25, 2021 concerning the skills and training of safety and health coordinators [Official Journal of May 27, 2021].