EDF_REGISTRATION_DOCUMENT_2017

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PRESENTATION OF EDF GROUP Legislative and regulatory environment

Health, hygiene and safety regulations Asbestos

Regulations applicable to EDF 1.5.6.2 installations and group activities Regulations applicable to facilities 1.5.6.2.1 classified for the protection of the environment (ICPEs) acilities concerned and main obligations Certain facilities operated in France by the EDF group, in particular fossil fuel-fired power plants, are subject to legislation on facilities that are classified for the protection of the environment (ICPEs), which is organised in the French Environment Code. These facilities are subject to a prior declaration, simplified authorisation (known as “registration”) or to an authorisation depending on the magnitude of danger or adverse effects they may cause to the environment or public health. The ICPE Regulation requires that the site be restored when a facility is taken out of service, depending on the expected future use of the land. Under Article L. 516-1 of the French Environment Code, lodging financial guarantees is also required for certain ICPEs that are subject to authorisation (including Seveso facilities) and registration. The basis and amount of the financial guarantees vary depending on the facility. These financial guarantees are designed to provide collateral for the financing of the measures that must be adopted in the event of an accident before or after closure, as well as the surveillance, safety works and restoration operations after closure. These guarantees do not cover compensation owed by the operator to third parties who may suffer loss or harm in connection with the activity carried out. The list of the ICPEs concerned by the obligation to lodge these guarantees and the rules for calculating and lodging the financial guarantees are stipulated by the Order of 31 May 2012 (that was amended by an Order of 12 February 2015) and the Order of 31 July 2012. An Order of 5 February 2014 provides the framework for lodging guarantees via the intermediary of a private guarantee fund. The EDF group operates facilities that are concerned by these new requirements. The Decree no. 2015-1250 of 7 October 2015 increased the threshold above which guarantees are required from €75,000 to €100,000 (Article R. 516-1 of the French Environment Code). It also provides for additional financial guarantees to be lodged with the Caisse des dépôts, as well as the amendment of the rules governing how guarantees are triggered, in particular by allowing them to be implemented as soon as court-ordered liquidation proceedings are initiated. Under the conditions laid down in Order no. 2017-80 and by Decree no. 2017-81 and 2017-82 of 26 January 2017, the reform of the environmental authorisation entered into force on 1 March 2017. As of this date, for projects subject to authorisation under ICPE or facilities, structures, works and activities (IOTA) subject to water legislation, the two procedures have been merged into the environmental authorisation. This new scheme incorporates, within book I of the French Environment Code, a new chapter VIII entitled “Administrative Procedures” comprising a separate section entitled “Environmental Authorisation” and is composed of Articles L. 181-1 to L. 181-31 and R. 181-1 to R. 181-56 Seveso facilities Since 1 June 2015, “Seveso” ICPEs have been governed by the provisions of the Seveso 3 Directive (2012/18 of 4 July 2012), which replaced the Seveso 2 Directive (96/82/EC). The entry into force of the Seveso 3 Directive resulted in the use of dangerous products (under the CLP Regulation of 16 December 2008) that were not covered by the Seveso 2 Directive being incorporated into the scope of the Seveso regulations. The Seveso 3 Directive also contains stricter provisions concerning access by the public to information related to safety, public participation in the decision-making process and access to justice, as well as improvements in the way information is collected, managed, made available and shared. The Seveso 3 Directive also introduced stricter standards for facility inspections. Law no. 2013-619 of 16 July 2013 transposed the legislative portion of the Directive into French law by inserting into the Environment Code (Articles L. 515-15 et seq.) a section that is specific to Seveso facilities. These provisions, completed by Decree no. 2014-285 and no. 2014-284 of 3 March 2014 and by an order of 26 May 2014, entered into force on 1 June 2015.

In France, the regulations require, among other things, the identification of materials containing asbestos in buildings and, if necessary, monitoring procedures or asbestos removal work. EDF is also subject to regulatory obligations to inform and protect workers who may be exposed to asbestos dust inhalation. Legionella EDF operates cooling towers, particularly for its electricity generation activities, which are subject to the regulations on facilities classified for environmental protection (ICPE) and basic nuclear facilities (BNF) including Decision no. 2016-DC-2016 of 2016 December 2016 of the Nuclear Safety Authority which is dedicated to the prevention of risks resulting from the dispersal of pathogenic microorganisms (Legionella and amoeba). EDF must, among other obligations, carry out a methodical analysis of the risk of proliferation of legionella in its air cooling towers and implement a preventive maintenance plan for cleaning and disinfection. EDF is also required to carry out analyses once or twice a month, depending on the type of facility involved. anoparticle substances As from 1 January 2013, Articles L. 523-1 et seq. and R. 523-12 et seq. of the French Environment Code made it mandatory to report the quantities and uses of nanoparticle substances or nanomaterials produced, distributed or imported in France. Information on these substances must be made available to the public and to inspection authorities. The information to be declared and the rules governing the declaration were specified in an Order of 6 August 2012. EDF is likely to be Pursuant to the Grenelle 2 Law, Decree no. 2011-1697 of 1 December 2011 requires managers of public electricity transmission networks to perform regular verifications of the EMF caused by electric lines that transmit electricity. Law no. 2015-136 of 9 February 2015 on Simplicity, Transparency, Information and Consultation Regarding Wave Exposure introduced an obligation to provide information for persons who install equipment that emits electromagnetic fields on residential premises. In due course, this obligation may concern some entities of the EDF group. Chemical products Regulation (EC) no. 1907/2006 on the Registration, Evaluation and Authorisation of Chemicals, known as “REACH”, which came into force on 1 June 2007, applies to EDF as a user, but also as a manufacturer and importer of chemical products. EDF has complied with its obligation to register substances that it manufactures or imports in quantities of more than 1,000 tonnes per year with the European Chemicals Agency. In May 2013, EDF registered the monochloramine that is manufactured in situ at certain nuclear plants. In addition, the Biocides Regulation (EU) no. 528/2012 of 22 May 2012 provides for a new procedure, with an extended scope of application, of authorisations for placing of biocidal products on the market that are generated in situ. In this new regulatory environment, EDF could be concerned as a manufacturer and user of monochloramine and sodium hypochlorite. Applications for authorisation will be prepared and filed within the framework of this Biocides Regulation. Health and the environment Law no. 2013-316 of 16 April 2013 on the Independence of Expertise in the Area of Health, the Environment and the Protection of Whistleblowers confirmed the recognition of an alert procedure in the area of public health and the environment within businesses and laid down the rules for using this procedure. This Law also organises a system to protect whistleblowers and set up the National Commission for Ethics and Public Health and Environment Alerts (CNDASE). Several decrees have specified the rules for the implementation of this system (Decree no. 2014-324 of 11 March 2014, Decree no. 2014-1629 and Decree no. 2014-1628 of 26 December 2014). concerned by these provisions as it uses nanoparticle substances. xposure to Electromagnetic Fields (EMF)

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EDF I Reference Document 2017

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