COVID-19 – Veille juridique 4 mai 2020

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  • COVID-19 : Reprise du cours de nombreux délais administratifs en lien avec l’HSE
  • COVID-19: Resumption of many EHS administrative delays

By Decree No. 2020-453 of 21 April 2020, the Government provides for the resumption of the course of many administrative delays that had been suspended by Order No. 2020-306 of 25 March 2020. This decree thus provides, for reasons relating to the fundamental interests of the Nation, security, the protection of public health and safety and the preservation of the environment, for the resumption of the course of certain deadlines from 23 April. These are, for example, deadlines relating to the safety or security of hydraulic works, to provisional land application programmes or to certain prefectoral decrees concerning installations, works or activities subject to the Water Law (IOTA) or installations classified for environmental protection (ICPE). The decree also provides for the resumption of several procedures for adopting orders or consulting the public from 29 April. In this respect, the public consultation procedure for an ordinance provided for in the circular economy law will resume on that date. Finally, the decree resumes the course of the deadline set for the adoption of a decree concerning low emission mobility zones as of 1 May 2020.

Sources:

Décret n° 2020-453 du 21 avril 2020 portant dérogation au principe de suspension des délais pendant la période d’urgence sanitaire liée à l’épidémie de covid-19, JORF du 22 avril 2020


  • COVID-19 : FAQ du ministère de l’Agriculture sur la sécurité sanitaire
  • COVID-19: Department of Agriculture Safety FAQs

The french Ministry of Agriculture and Food has recently put on line an FAQ with answers to questions about food, food safety and professional channels, as well as animal health and protection in this period of pandemic. For example, we learn that under Article 3 of Ordinance No. 2020-306 of 25 March 2020, approvals, certificates and other documents relating to the use of plant protection products are extended until 3 months after the end of the state of health emergency.

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  • COVID-19 : Probable prolongation de la fermeture des frontières
  • COVID-19: Likely extension of border closure

In an instruction dated 15 April 2020, the french Prime Minister recommended that border closure measures should continue to be implemented as part of the fight against the COVID-19 epidemic. He proposed to apply these measures until 11 May 2020 for the internal borders of the European area and until further order or specific decision of the European Union for the external borders and overseas communities. An international travel exemption certificate must be held by any person likely to enter France (model available on the website of the Ministry of the Interior).

Sources:

Instruction du Gouvernement (NOR : PRMX2009939C) du 15 avril 2020 relative à la prolongation des mesures prises pour lutter contre la diffusion du covid-19 en matiére de controle aux frontiéres – métropole et collectivités d’outre-mer, publiée le 22 avril 2020


  • COVID-19 : vers des actions communes au sein de l’UE pour lutter contre la pandémie et ses conséquences
  • COVID-19: EU coordinated action to combat the outbreak and its consequences

On April 17, 2020, the European Parliament published a resolution on EU coordinated action to combat the COVID-19 pandemic and its consequences. The Parliament made several suggestions to improve the European union organization to deal with crises such as the current health crisis. For example, it asked for the creation of a European Health Response Mechanism to better prepare and respond in a common and coordinated way to any type of health or sanitary crisis that emerges at EU level and to further strengthen instruments such as RescEU to ensure a truly common, coordinated and effective response at EU level. They want to enhance the prevention in addition to have to think about building a stock of common equipment, materials and medicines. The Commission has to organize an exit strategy with large-scale testing and personal protective equipment (PPE) for the largest possible number of citizens. For the European Parliament, contact-tracing applications on mobile (to warn people if they were close to an infected person) may not be obligatory and the generated data can’t be stored in centralized databases. The details of these schemes will be published. Finally, the Parliament insisted that corporate human rights and environmental due diligence are necessary conditions in order to prevent and mitigate future crises and ensure sustainable value chains.

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  • COVID-19 : Recommandations pour la protection des travailleurs BTP
  • COVID-19: Recommendations to protect construction workers

In a communication dated April 17, 2020, the European Agency for Safety and Health at Work (EU-OSHA) has pointed out the publication of a series of guidelines by the International Safety and Health Construction Coordinators Organization (ISHCCO) intended to protect workers on construction sites from pandemic hazards. In particular, the ISHCCO has made three recommendations on the employers concerned. First, employers should make sure to identify and inhibit the presence of employees out of risk zones or being infected. Secondly, there should be enough washbasins for workers, equipped with water, soap, paper towels and skin care. Thirdly, employers should ensure that staff rooms are large enough to maintain the recommended distance between persons. At the same time, the ISHCCO has provided further information on the wearing of respiratory masks, and has also suggested measures of prevention to be applied on construction sites where it is not possible to ensure the minimum recommended distance.

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  • COVID-19 : Nouveautés relatives au CSE, aux AT/MP et aux autorisations d’urbanisme
  • COVID-19: Various new measures relating to workers’ health and town-planning permits

By ordinance No 2020-460 of April 22, 2020, the french Government has once again completed the panel of national measures taken so far within the framework of the state of health emergency faced with the spread of covid-19 in France. The ordinance provides in particular that a decree may soon adapt the contractual deadlines within which the consultation of the Social and Economic Committee (CSE) takes place within the framework of the employer’s decisions aiming to face the consequences of the epidemic of covid -19 (article 9). In addition, Ordinance No. 2020-460 extends the time limits applicable to procedures for the recognition of accidents at work and occupational diseases (Articles 11 and 12). Finally, the ordinance has opened the possibility for the Government, for certain reasons (see article 9 of ordinance n ° 2020-306 of March 25, 2020), to resume the course of some deadlines related to town-planning permits.

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