Environmental assessment prior to application for registration

The project can be subject to environmental assessment.

Where such an environmental assessment is mandatory, it must be conducted prior to the application for registration.

Application for registration file

The applicant for registration can obtain information on the teleprocedure and on the preparation of the application file via the guide to preparing the teleregistration application procedure.

The template files referred to in this guide are available online:

• Warrant of deposit (for example, in the case where a design office files the application on behalf of the future operator)
• Plots (If the list of parcels is filed via a file instead of the online table)
• Geographical references (If the information is provided via a file instead of the online table).

Where an operator proposes to put into service several installations subject to registration on the same site, a single application for registration may be submitted for all such installations.

Building Permit and Land Clearance

When the installation of a facility requires a building permit, the application for registration must be accompanied or completed within 10 days of the sending of the file by the justification for the filing of the application for a building permit. Obtaining a building permit is not a registration.

When the installation of a facility requires clearance of land, the application for registration must be accompanied or supplemented within 10 days of the submission of the file by the justification for the submission of the application for authorization to clear land. Obtaining clearance is not a registration.

Registration procedure

The application for ICPE registration must be made before the commissioning of the installation and the start of all the associated necessary works.

Advertising of the registration application file

The registration application file is made available to the public.

The applicant may inform the Prefect by a single letter, in paper form, of the information provided in the application file for registration which he justifies should remain confidential.

Public consultation

The public consultation start at the latest 30 days after receipt of the complete and regular file, except in exceptional cases related for example to the nature, complexity, location or size of the project. In these exceptional cases, the order shall state the reasons for the decision.

The prefect shall fix, by order, the days and times when the file is open to public consultation and shall inform the applicant accordingly.

One public notice is posted or made public 2 weeks at least before the public consultation begins.

The file shall be made available to the public in the town hall of the project location and on the prefecture's website for a period of 4 weeks. To this end, the applicant shall provide the Prefect with an electronic version of his application file.

The public may comment on a register opened for this purpose at the town hall of the place where the project is located, or send them to the prefect by letter or by electronic means, before the end of the public consultation period. At the end of the register, the mayor closes the register and sends it to the prefect, who appends the observations sent to him.

Decision

The prefect shall take a decision within 5 months from receipt of the complete file and regular. It may extend this period by two months, by reasoned order, in exceptional cases resulting for example from the nature, complexity, location or size of the project.

In the absence of a decision within those time limits, the silence kept by the prefect is tantamount to a refusal decision.

3 types of decisions can be taken:

Compliance with requirements

The operator shall comply with the general requirements for risk and nuisance prevention. They are specified in orders of the ministry responsible for the environment.

The National Institute for the Industrial Environment and Risks (INERIS) proposes a thematic regulatory aid providing access to the main regulatory texts that may concern a given installation:

Access to AIDA's thematic regulatory support

Reporting of pollutant emissions and waste generated

Operators of ICPEs subject to authorization or registration shall send, by March 31 each year, for each installation, the reporting of pollutant emissions and waste generated by its facility via the online service GEREP :

Annual remote reporting of pollutant emissions (GEREP)

General scenario

The prefectural registration decree sets the duration for which registration is granted. In the absence of a fixed duration, it shall be granted for an indefinite period, as long as the ICPE is not amended or terminated.

The duration shall be systematically limited for the following KPIs:

• Quarrying facilities
• Inert waste storage facilities.

Lapse after 3 years of absence of exploitation

Except in cases of force majeure or justified and accepted request for extension of time, the validity of the registration ends when:

• Either the installation was not commissioned within 3 years
• Either the operation was interrupted for more than 3 consecutive years, following an inspection finding of the classified installations or information from the operator. The prefect may then give the licensee formal notice to cease operating its installation, or the relevant part of its installation.

The permanent cessation of the operation may also be required by a formal notice issued by the prefect in the same circumstances.

Obligation to report accidents or incidents

The operator of an ICPE shall declare, as soon as possible, to the inspection of classified installations accidents or incidents occurring as a result of the operation of this facility. This is mandatory for events likely to undermine risk prevention, in particular for the environment, health and public safety.

The declaration of the accident or incident to the inspection of classified facilities shall be made if it meets the following conditions:

1. It took place within a facility classified for environmental protection (ICPE)
2. It is not an accident at work
3. It relates to an accidental risk linked to one of the dangerous phenomena following:
   
   • Unexpected release of hazardous or polluting substances (acid, slurry, methane...))
   • Fire or combustion
   • Explosion
   • Damage to the integrity of equipment
   • Shock of a flying fauna on an onshore wind turbine.

In the event of an accident, the operator shall transmit an accident report. If the inspection deems this necessary, an incident report may be requested. In particular, the report shall specify, in addition to the declaration, the following:

• Circumstances and causes of the accident or incident
• Hazardous substances involved, if any
• Effects on people and the environment
• Emergency measures taken
• Measures taken or envisaged to avoid an accident or similar incident and to mitigate its medium- or long-term effects.

Declaration to the inspection of classified facilities

From 1^er in january 2026, the declaration of the accident or incident must be performed via the online service next:

Online reporting of an incident or accident at a facility classified for environmental protection (ICPE)

The information entered is used to classify the event into accident or incident.

Consequences of the declaration

The declaration will be forwarded to the classified facilities inspection for the environment. The inspection may decide on actions specific for this event.

After validation and transmission of the declaration, the Bureau d'Analyse des Risques et Pollutions Industriels (BARPI) will publish the anonymised event summary on the ARIA database (Analysis, Research and Accident Information).

If further investigation reveals new elements modifying or supplementing this information or the conclusions drawn therefrom, the operator shall update the information provided and transmit it to the inspection of the classified facilities.

Re-entry into service may require, on the decision of the prefect, a new authorization, a new registration or a new declaration.

Cessation of activity

The cessation of activity consists of the following operations :

• Final shutdown
• Securing
• If necessary, determination of future use(s)
• Rehabilitation or rehabilitation.

The operator shall notify the prefect of the date of definitive shutdown of the installations at least 3 months before itand a list of the land concerned.

The notification shall indicate the measures taken or planned, and the associated timetable, to ensure, as soon as the installations are permanently shut down, the safety of the land concerned on the site.

The notification of cessation of activity must be deposited with the prefecture.

The operator must also send a notification to the mayor or the president of theEPCI: titleContent and the owners of the land where the ICPEs concerned by the cessation of activity are located, including the following documents:

• Site Plans
• Studies and reports provided to the administration on the environmental situation and on the successive uses of the site
• Proposals on the future use(s) it envisages for these lands. At the same time, he forwards a copy of his proposals to the Prefect.

The prefect must receive a copy of this notification.

The persons consulted shall notify the prefect and the operator of their agreement or disagreement on these proposals in a 3 months delay from the receipt of the operator's proposals. In the absence of any comments within that period, their opinion shall be deemed to be favorable.

In the event of a favorable opinion from all the persons consulted, the operator shall inform the prefect and the persons consulted of the future use(s) chosen for the land concerned. Failing agreement between the operator, the mayor or the president of theEPCI: titleContent and the owners of the land concerned, the use chosen for the land concerned is a use comparable to that of the last period of operation of the installations permanently shut down.

1. Final shutdown

Final shutdown consists of completely discontinue or reduce to the point where they are no longer covered by the ICPE nomenclature all the classified activities of one or more ICPEs of the same site. This does not include the continuation of other activities on the site and the release of land.

2. Security

For the ICPE or ICPEs concerned by the cessation of activity, the security measures shall include the following:

• Evacuation of hazardous products and, for facilities other than waste storage facilities, management of the waste present
• Prohibitions or limitations of access
• Removal of fire and explosion risks
• Monitoring the effects of the installation on its environment, taking into account a diagnosis proportionate to the stakes.

Where necessary, operations undertaken as part of the security measure shall be accompanied by temporary management measures or temporary restrictions on use.

The security of the ICPE is must be certified by a certified company in the field of polluted sites and soils or with equivalent competence in the provision of services in this field.

List of certified service providers by field of activity

Ministry of Economy

Pour en savoir plus

The certificate of safety a model of which is indicated on Legifrance shall be forwarded to the inspection of classified facilities.

3. Identification of future uses and rehabilitation or rehabilitation

When a registered facility is permanently shut down, the prefectural registration order may have provided for the state in which the site must be returned.

If the prefectural registration decree does not mention this element, the operator or, failing that, the owner of the land on which the installation is located, places its site in such a state:

• That risk prevention is ensured, in particular for the environment, health and public safety
• That it allows a future use of the site determined by an agreement with the mayor or the president of theEPCI: titleContent. In the absence of an agreement, the restoration is carried out in order to allow a future use of the site comparable to that of the last period of operation of the facility shut down.

The prefect may fix binding rehabilitation requirements where the rehabilitation is incompatible with the future use of the area with regard to:

• Urban planning documents in force on the date on which the operator informs the administration of its decision to permanently shut down the installation
• The use of land in the vicinity of the site.

One binding deadline for the rehabilitation of the site may be required by the prefect.

At any time, even after the restoration of the site, the prefect may impose to the operator, by prefectural decree, the requirements necessary for risk prevention, in particular for the environment, health or public safety.

4. Transmission of a rehabilitation brief

Rehabilitation Brief

The operator must transmit to the prefect within 6 months of final discontinuation one rehabilitation brief specifying the measures taken or planned to ensure the prevention of risks, in particular to the environment, health and public safety. This period may be extended by the prefect to take account of the particular circumstances relating to the situation of the installations concerned.

The thesis includes the diagnosis of the soil study including:

• Elements relating to the historical, documentary and memorial study of the investigated area
• Elements relating to the vulnerability of environments
• Investigations into the environments and interpretation of their results
• The geographical data relating to the area investigated, including a plan delimiting this area, the boundary of the right-of-way of the site(s) and the list of associated cadastral parcels. Where appropriate, the plan shall identify the different substances used at that or those sites
• A so-called conceptual scheme, allowing to apprehend the relationships between sources of pollution, transfer routes and the issues to be protected from an assessment of the state of the environment.

Based on the conclusions of this diagnosis, this brief also includes:

• Rehabilitation objectives
• A management plan comprising:
  
  • Management measures for the various environments impacted on and, where they exist, off-site (treatment of pollution sources and removal of concentrated pollution, particularly for soils and groundwater). These management measures are proposed by the operator. They shall be based on a cost-benefit assessment taking into account the effectiveness of available techniques, the overall environmental impact and the cost that must remain economically acceptable.
  • The works to be made to implement the management measures and the associated forecast schedule, as well as the measures taken to ensure the monitoring and prevention of risks, during the works
  • If necessary, the measures laid down at the end of the works to ensure the monitoring of environments, the conservation of memory and any restrictions on uses restricting or prohibiting certain developments or constructions, or certain uses of environments.

By way of derogation, the licensee may propose in its rehabilitation report that one or more concentrated pollution zones be maintained on site, subject to conditions.

Proposal of measures

Pollution management measures for the various environments impacted on the site and, if any, off-site, shall include at least the following:

• Treatment of pollution sources
• Removal of concentrated pollution when the results of the diagnosis carried out as part of the rehabilitation thesis conclude that they are present.

These management measures are proposed by the operator. They shall be based on a cost-benefit assessment taking into account the effectiveness of available techniques, the overall environmental impact and the cost that must remain economically acceptable. They must make it possible to achieve a state of the rehabilitated environment compatible with the uses determined for the land concerned by the facility shut down or the uses observed outside the site.

The rehabilitation brief is accompanied by a attestation issued by a certified company in the field of polluted sites and soils or with equivalent competence in the provision of services in this field. It attests to theadequacy of the proposed measures for the rehabilitation of the site in order to ensure the prevention of risks, in particular to the environment, health and public safety.

List of certified service providers by field of activity

Ministry of Economy

Pour en savoir plus

Additional measures may be requested depending on the content of the memory and the type of installation.

The silence maintained by the prefect for 4 months after the transmission of the certificate is an agreement on the works and measures for monitoring the environments proposed by the operator. During this period, the prefect may request additional elements of assessment by reasoned decision. The time limit is then suspended until these elements are received.

Achievement of works

When the prescribed works by the prefect or, failing that, defined in the rehabilitation memorandum are carried out, the operator shall do so attest by a certified company in the field of polluted sites and soils or with equivalent competence in the provision of services in this field.

The operator sends this certificate to the prefect, mayor or president of theEPCI: titleContentand the owners of the land.

Unless the Prefect objects or requests otherwise within the 2 months at the end of the transmission of the certificate, the cessation of activity is considered completed.

At any time, even after the site has been rehabilitated, the prefect may impose on the operator, by prefectural order, the requirements necessary for the prevention of risks, in particular the environment, health or public safety.

Administrative penalties

In case of non-compliance with the rules applicable to IOTs (ICPE, IOTA, etc.), the competent administrative authority (the prefect) formal notice the operator of the IOTA or, failing that, the owner of the land, within a period to be determined by the Commission. The operator may make representations.

In the event of an emergency, the prefect shall, by the same act or by a separate act, lay down the necessary measures to prevent serious and imminent hazards to health, public safety or the environment.

Yes, at expiry of the time limit, the person served with formal notice has not implemented the prescribed measures, one or more of the following administrative penalties may apply:

• Require the person served with formal notice to pay in the hands of a public accountant before a specified date of payment of an amount corresponding to the amount of the works or transactions to be carried out
• Impose ex officio, on behalf of the person served with formal notice and at his own expense, the execution of the prescribed measures. The amounts recorded are used to pay for the expenses incurred.
• Suspend the operation of the IATO until the conditions imposed have been fully complied with and take the necessary precautionary measures, at the expense of the person served with formal notice
• Order the payment of a administrative fine at most equal to €45,000, and a daily penalty payment at most equal to €4,500 applicable from the notification of the decision fixing it and until the formal notice or the measure ordered is satisfied.

Fines and periodic penalty payments shall be proportionate to the seriousness of the infringements found and shall take into account, in particular, the extent of the disturbance caused to the environment.

The fine may not be pronounced beyond a period of 3 years from the time of the finding of non-compliance.

These sanctions may be published on the website of the prefecture of the department, for a period of between 2 months and 5 years.

Criminal sanctions

Penal sanctions may be accompanied by additional penalties.

Lack of authorization, registration or declaration

Operating or implementing an IOT (ICPE, IOTA, etc.) without authorization, registration, the approval, approval or certification required shall be punishable byone year in prison and €75,000 fine (natural person) or €375,000 fine (legal person).

For IOTAs subject to declaration, exploitation without declaration shall be punishable by €1,500 fine (natural person) or €7,500 fine (legal person). To continue this exploitation after a formal notice is sanctioned by year of imprisonment and €15,000 fine (natural person) or €75,000 fine (legal person).

When the health, safety of people or the environment have been severely degraded, these penalties shall be increased to 3 years imprisonment and €150,000 fine (natural person) or €750,000 fine (legal person).

When it creates a immediate risk of serious harm and sustainable to the environment, these penalties shall be increased to 3 years imprisonment and €250,000 fine (natural person) or €1 250 000 a fine (legal person), which may be increased up to three times the advantage derived from the commission of the infringement.

Non-compliance with technical requirements

Operating or implementing an IOTA without complying with general rules and technical requirements set by the administrative authority shall be punished by €1,500 fine (natural person) or €7,500 fine (legal person). This also applies to requirements related to cessation of activity.

When it has has caused serious harm to the health or safety of persons or substantial environmental degradation, operating or implementing an IOTA without complying with the requirements set by the administrative authority shall be punished by 2 years imprisonment and €75,000 fine (natural person) or €375,000 fine (legal person),

Failure to comply with a formal notice

Operating or implementing an IOT without complying with a formal notice issued by the prefect is punished by 2 years imprisonment and €100,000 fine (natural person) or €500,000 fine (legal person).

When it creates a immediate risk of serious harm and sustainable to the environment, the penalty shall be increased to 3 years imprisonment and €250,000 fine (natural person) or €1 250 000 a fine (legal person), which may be increased up to three times the advantage derived from the commission of the infringement.

When the health, safety of people or the environment have been severely degraded, the penalty shall be increased to 5 years imprisonment and €300,000 fine (natural person) or €1 500 000 fine (legal person).

Failure to comply with a formal notice to permanently discontinue an ICPE shall be punished by 2 years imprisonment and €150,000 fine (natural person) or €750,000 (legal person).

Other regulatory violations

Failure to inform the Prefect in the event of a substantial change in the technical and financial capacities of the operator of an authorized ICPE shall be punishable by 6 months imprisonment and €75,000 fine (natural person) or €375,000 fine (legal person).

Failure to notify the prefect in the event of a modification of an ICPE shall be punished by €1,500 (natural person) or €7,500 (legal person).

A sentence of 2 years imprisonment and €100,000 fine (natural person) or €500,000 a fine (legal person) is provided for in the event of a breach of:

• Decision to oppose or refuse authorization
• Action to withdraw an authorization, registration, approval or certification
• Measure of closure, removal or suspension of an installation or structure
• Order of arrest, suspension or prohibition by the court
• Formal notice issued by the administrative authority (the prefect)
• Obligation to rehabilitate or monitor measures prescribed by the administrative authority.

When the health, safety of people or the environment have been severely degraded, the penalty shall be increased to 3 years imprisonment and €150,000 fine (natural person) or €750,000 fine (legal person).

When it creates a immediate risk of serious harm and sustainable to the environment, the penalty shall be increased to 3 years imprisonment and €250,000 fine (natural person) or €1 250 000 a fine (legal person), which may be increased up to three times the advantage derived from the commission of the infringement.