Classified installations for the protection of the environment (PCI)

Verified 20 November 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Some facilities may have impacts (pollution of water, air, soil, etc.) and dangers (fire, explosion, etc.) for the environment, health and public safety. For these reasons, they are subject to the regulation of classified installations for the protection of the environment (PCI).

Installations classified for environmental protection (PCI) are classified according to the level of danger they present. From the least dangerous to the most dangerous: declaration, registration, authorization.

Some PCIs are also installations, works, works and activities (IOTA) or include. In this case, the legislation applicable to PCIs and IOTAs must be respected.

Statement

Installations classified for the protection of the environment (PCI) which do not present serious dangers or disadvantages to health, public safety or the environment are reportable. They must respect the general requirements enacted for the purpose of risk prevention.

To check if the PCI is reportable, the company should consult the PCI nomenclature. These are the facilities " D and " DC ’:

Nomenclature of PCIs and IOTAs

National Institute of Industrial Environment and Risks (Ineris)

Pour en savoir plus

If the installation project is covered by more than one heading, the most stringent regime applies: authorization, registration, then declaration.

Please note

Below the threshold of the declaration, the installation is said to be " Non-Classified (CN) ”. It is subject to the mayor's police: the departmental health regulations apply.

The declaration includes equipment, facilities and activities included in the project of the declarant meeting at least one of the following criteria:

  • Necessary for this PCI
  • The proximity of which is such as to significantly modify the dangers or disadvantages of PCI

FYI  

PCIs which, after modification of the PCI nomenclature (making the entry classifiable) and after being regularly put into service, are subject to declaration may continue to operate without such declaration, at the latest grandfather rights. The only condition is that the operator has already made himself known to the prefect or made himself known to him within one year of this submission. The declaration must be made via an online service. For your information, the form for declaring the benefit of acquired rights is the cerfa no. 15274.

Pre-Declaration Environmental Assessment

The project can be subject to environmental assessment.

Where such an environmental assessment is mandatory, it must be carried out prior to the declaration of the project.

FYI  

One environmental assessment fact sheet details the projects concerned and the course of the evaluation.

Reporting file

The registrant may inquire about the teleprocedure and the preparation of the declaration file via the preparation guide for the teledeclaration procedure.

Please note

The compilation of the dossier is complex. It is recommended to use a design office.

The information to be provided by the declarant are:

  • In the case of a natural person, his name, forenames and domicile
  • In the case of a legal person, his name or business name, legal form, address of registered office and capacity of the declarant
  • The location where the installation is to be performed
  • The nature and volume of the activities which the declarant proposes to carry out and the heading or headings of the nomenclature in which the installation is to be stored
  • The manner and conditions of use, purification and disposal of waste water and of fumes of all kinds
  • The manner and conditions of waste management on the holding
  • Provisions in the event of a disaster
  • If the installation is on a site concerned, an impact assessment Natura 2000
  • If any, reference to applications for authorization or declarations already filed for the installation under other legislation, with the date of filing and the name of the competent authority (prefecture, etc.)
  • If any, the applications for authorization or declarations which the declarant intends to submit for the same installation, together with the name of the competent authority (prefecture, etc.)

The declarant must produce :

  • A situation plan of the land register within a radius of 100 meters from the installation
  • An overall plan of at least 1/200, accompanied by:
    • Legends, showing the use of nearby buildings and land, as well as water points, canals, waterways and buried networks, up to at least 35 meters from the site
    • If necessary, descriptions to show the physical arrangements of the installation.

The overall plane scale can be scaled down to 1/1000 to make the listed elements visible.

FYI  

If the project is a reportable facility under PCI and includes installations, works, works or activities (IOTA) subject to declaration, the PCI declaration is the only declaration to be made.

It is strongly recommended to get closer to the service concerned upstream of the approach.

Statement

The statement on a PCI must be sent front commissioning of the installation and start of all associated necessary works.

The declaration must be made via an online service :

On-line declaration of a classified installation for the protection of the environment (ICPE)

For your information and assistance, please find the following form: cerfa no. 15271.

Following the declaration, it shall immediately be issued by electronic means proof of deposit of the declaration. It shall be made available to the public on the website of the Prefecture for a minimum period of 3 years.

Time to commissioning installation

The prefect may, within 15 days following the filing of the declaration and if no environmental assessment has been conducted, submit the facility to a case-by-case review prior to conducting a potential environmental assessment.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Case-by-case examination

Environmental assessment required

The different environmental assessment steps are:

  • The development of a environmental impact assessment report (impact assessment for projects, environmental impact report for plans and programs) by the project developer
  • The conduct of planned consultations, including consultation of the environmental authority (the prefecture), which gives an opinion on the project, plan, program and the environmental impact assessment report, and public consultation
  • Theexamination the information contained in the assessment report and received in the course of the consultations
What is environmental assessment?

Ministry of the Environment

Pour en savoir plus

The environmental assessment must be filed via an online service :

Consultation and submission of projects for impact assessment (Environmental Assessment)

Raw biodiversity data

Proponents of projects that have carried out an environmental assessment must to transmit raw biodiversity data acquired in the course of assessment studies and measures to monitor environmental impacts, in particular those relating to avoidance, reduction or compensation measures.

The release of raw biodiversity data, acquired in the course of evaluation studies, must be carried out:

  • Before the start of the public participation procedure where required
  • Before the decision referred to in that subparagraph, where no public participation procedure is required

This payment shall take place via environment-projects.gouv.fr or via the online service Depobio :

Depobio: platform for the legal deposit of biodiversity data

Please note

The capture or disbursement of raw biodiversity data, acquired during environmental impact monitoring measures, should be within 6 months after completion of each data acquisition campaign.

Once the environmental assessment has been completed, the notifier shall forward the decision given to the prefect by the examining authority on a case-by-case basis.

Following the evaluation, the registrant must be authorized by the prefecture in order to operate and operate the facility.

No environmental assessment

The declarant shall forward to the prefect the decision of the examining authority case by case.

The declarant may commissioning and operating the installation 15 days after the issue of the proof of lodging of the declaration, once the case-by-case examination has been completed and concluded that there is no need for an environmental assessment.

Lack of examination or evaluation done

Unless the prefect advises otherwise, the declarant may activate and operate the installation 15 days after the proof of filing has been issued.

Compliance with general requirements

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

The National Institute of the Industrial Environment and Risks (Ineris) proposes a themed regulatory aid providing access to the main statutory instruments which may relate to a given installation:

Access to AIDA's themed regulatory help

FYI  

The prefect may impose by prefectural decree special requirements, necessary for the prevention of risks associated with the declared PCI.

If the declarant wishes to have some of the requirements applicable to the installation amended, he must send a request to the prefect, who will reply by decree.

Periodic inspection of certain installations

Affected installations

Some PCIs subject to reporting are subject to periodic inspection. These are the facilities " DC of the nomenclature.

FYI  

PCIs " DC are not subject to the periodic inspection requirement when they are included in an establishment which includes at least one PCI subject to authorization or registration.

Frequency of inspection and approved bodies

The periodic inspection shall take place:

  • At least every 10 years, for installations including environmental management system has been certified to the international standard ISO 14001 by an accredited certification body.
  • Every 5 years maximum, for other installations

Installations operated by an organization registered under the EMAS Regulation shall be exempt from periodic inspections.

The periodic inspection obligation may be adjusted for PCIs whose operating duration is less than 6 months per year.

Please note

The 1er control an installation takes place in:

  • 6 months after commissioning, for new installations
  • 2 years, for existing installations previously subject to reporting without periodic monitoring or previously outside the scope of PCIs
  • 5 years for existing installations subject to prior authorization or registration

The periodic inspection must be carried out by a recognized organization.

The recognized organizations are lists in a spreadsheet downloadable from point 4 of an article by the National Institute of the Industrial Environment and Risks (INERIS):

Periodic inspection of certain classified installations subject to declaration

National Institute of Industrial Environment and Risks (Ineris)

Pour en savoir plus

Content and consequences of periodic inspection

The periodic inspection body shall submit its inspection report to the operator of the installation classified in one copy within 60 days after the visit.

The report shall include the full results of the control and shall specify the points of non-compliance and major non-compliance.

The operator shall keep the last 2 reportsand make them available, on request, to the inspection of classified installations.

Where the inspection report reveals major non-conformances, the operator shall address to the inspection body in writing and within 3 months following its receipt, a schedule of measures it intends to take to remedy the situation.

Having taken the necessary steps to remedy such non-conformities and in a maximum period of one year on receipt of the inspection report, the operator must send a written request the recognized organization which carried out the initial check. He must ask for the carrying out an additional check covering only those prescriptions whose non-compliance has led to major non-conformities.

This additional control is done within 2 months which follow the date of the operator's application. The recognized organization shall send the operator a report supplementing its initial survey report within one month of the survey.

FYI  

The approved inspection body shall inform the prefect if the operator fails to comply with its obligations to remedy and bring to an end major non-conformities.

Period of validity of the declaration

Once declared and put into service in accordance with the regulations, the declaration shall not be limited in time. As long as the PCI is not modified or terminated, the statement remains valid.

Lapse after 3 years of absence from operation

Except in cases of force majeure or a justified and accepted request for an extension of time, the validity of the declaration terminates when:

  • Either installation has not been commissioned within 3 years.
  • Either the operation was interrupted for more than 3 consecutive years, following an inspection of classified installations or information from the operator. The prefect may then demand that the operator cease the activity of his installation, or of the relevant part of his installation.

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

FYI  

Following the cessation of operations, the operator shall monitor the PCI, the conservation of stocks, the removal of dangerous, perishable or troublesome materials and of animals in the installation.

The operator of a PCI shall declare as soon as possible to the inspection of classified installations accidents or incidents which have occurred as a result of the operation of that installation. This is compulsory for events likely to undermine risk prevention, in particular for the environment, health and public safety.

The operator shall transmit a accident report or, upon request, an incident report. It states, in particular:

  • The circumstances and causes of the accident or incident
  • The hazardous substances involved, if any
  • Effects on people and the environment
  • Emergency measures taken
  • The measures taken or envisaged to prevent an accident or similar incident and to mitigate its effects in the medium or long term

If further investigation reveals new elements modifying or supplementing this information or the conclusions drawn from it, the operator must update the information provided and forward it to the prefecture.

The return to service may require a new authorization, registration or declaration by the prefect.

FYI  

The prefect may prescribe the carrying out of assessments and the implementation of remedies following accidents or incidents, in order to ensure the prevention of risks.

The modification of the installation or beneficiaries of the declaration is subject to specific regulations. The following cases are subject to special provisions:

  • Changes, including changes in activity (volumes, nature, etc.)
  • Business relocation, for which the steps are the same as for the most important changes
  • The change of beneficiary

Répondez aux questions successives et les réponses s’afficheront automatiquement

Activity changes or moves

There are 2 types of changes, depending on how important they are to the project:

  • Substantial changes, the most significant, including business travel
  • Significant changes, the others
Substantial changes or business relocation

Any substantial changes and shifts in the activity are subject to renewal of the declaration. This renewal shall be subject to the same formalities as the initial declaration.

This applies regardless of whether the change occurs before the project is completed or during its implementation or operation.

The declaration of substantial change or relocation of activity must be sent to the prefecture via the on-line service (Initial Declaration situation):

On-line declaration of a classified installation for the protection of the environment (ICPE)

For your information and assistance, please find the following form: cerfa no. 15275.

Significant changes

Amendments that are not substantial are significant amendments. Any significant changes (changes in the industrial process, changes in the nature of the waste generated, new risks or impacts identified, etc.) must be notified to the prefect.

The notification of the prefect must take place or through a on-line service (Statement of Change situation):

On-line declaration of a classified installation for the protection of the environment (ICPE)

For your information and assistance, please find the following form: cerfa no. 15272.

Please note

In case of doubt, the operator may carry out the procedure foreseen for the significant modifications. The Prefect will advise him of the procedure to follow if he considers the modification to be substantial.

Change of beneficiary

The change of beneficiary of the declaration requires a declaration to the prefecture (via DREAL or DDPP, depending on the project), within one month of taking over the operation. It is performed via an online service :

On-line declaration of a classified installation for the protection of the environment (ICPE)

For your information and assistance, please find the following form: cerfa no. 15273.

The statement states:

  • In the case of a natural person: the name, forenames and domicile of the new operator
  • In the case of a legal person, the name or business name, legal form, address of the registered office and capacity of the declarant.

For installations subject to periodic inspection (‘installations’ DC '), the declaration shall be accompanied by proof that the last periodic inspection has been carried out.

Termination of activity

Termination of activity consists of the following :

  • Shutdown
  • Security
  • If necessary, determination of future use(s)
  • Rehabilitation or rehabilitation

One declaration of cessation of activity must be sent to the prefecture at least one month before cessation of activity. She mentions:

  • The land affected by the cessation of activity
  • The measures taken or planned, and the associated timetable, to ensure that, once the installations concerned have been definitively closed down, the land in question on the site is brought to safety

The declaration of cessation of activity shall be made via a on-line service :

On-line declaration of a classified installation for the protection of the environment (ICPE)

For your information and assistance, please find the following form: cerfa no. 15275.

Please note

Where the notification concerns a reportable classified installation included in:

  • Since an establishment includes at least one installation subject to the permit system, notification shall be made in accordance with the provisions laid down for PCI subject to authorisation.
  • Where an establishment includes at least one installation subject to registration, notification shall be made in accordance with the provisions for PCI subject to registration, where the permanent shutdown also concerns one or more installations subject to registration.

1. Shutdown

Final discontinuance consists of stop or reduce to the point that they no longer fall within the scope of the PCI nomenclature all classified activities of one or more PCIs within a site. This does not include the continuation of other activities on the site and the release of land.

The operator shall place the site in such condition it cannot be harmful to the environment, health or public safety and that he allows future use comparable to the last period of activity of the installation.

It shall inform the owner of the land on which the installation is located and the mayor or president of theEPCI: titleContent.

Who shall I contact

2. Security

The safety shall include, in particular, for the PCI(s) concerned by the cessation of activity, the following measures:

  • L'evacuation of dangerous products and, for facilities other than waste storage facilities, the management of the waste present
  • Of prohibitions or restrictions on access
  • The suppression of fire and explosion hazards
  • The monitoring of the effects of the installation on its environment, taking into account a diagnosis commensurate with the stakes

Where appropriate, security operations shall be accompanied by temporary management measures or restrictions on use.

If it falls under one of the headings of the nomenclature listed on Legifrance, PCI security 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 providers by field of activity

Ministry of Economy

Pour en savoir plus

L'security certificate of which a model is indicated on Legifrance must be transmitted to the prefect and to the inspection of classified installations.

When safety is completed, the operator inform in writing :

  • The Mayor or President of theEPCI: titleContent,
  • The owner(s) of the land concerned
  • Inspection of installations classified for the protection of the environment
Who shall I contact

3. Identification of future uses and rehabilitation or restoration

The operator shall carry out the rehabilitation of the land of the installations concerned in such a way that it future use of the site similar to the last period of operation of the facilities.

When the rehabilitation is completed, the operator shall inform in writing:

  • Prefect and inspection of classified facilities
  • The owner(s) of the land concerned
  • The mayor or president of the EPCI
Who shall I contact

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

Please note

The silence of the Prefect for two months from the receipt of this information constitutes acceptance of the terms of the cessation of activity, which is then deemed to have been completed at the end of this period.

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

Please note

The rehabilitation of a site can be carried out by a third party, with the agreement of the operator and after approval of the prefecture.

Administrative sanctions

In case of non-compliance with the rules applicable to AIOTs (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 time limit which it shall determine. The operator may submit his observations.

In cases of urgency, the prefect shall, by the same act or by a separate act, fix necessary measures to prevent serious and imminent dangers to health, public safety or the environment.

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

  • Require the person given notice to pay to a public accountant before a specified date an amount corresponding to the amount of the work or operations to be carried out
  • To have the prescribed measures carried out of his own motion, in place of the person given notice and at his own expense. The amounts recorded shall be used to settle the expenses incurred in this way.
  • Suspend the operation of the IOTA until the conditions imposed have been fully complied with and take the necessary precautionary measures, at the expense of the person given notice
  • Order payment of a administrative fine at most equal to €45,000, and one daily penalty payment at most equal to €4,500 applicable from the notification of the decision fixing it until the formal notice or the ordered measure is satisfied.

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

The fine may not be pronounced after a period of three years from the time the deficiencies are established.

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

Criminal sanctions

Criminal sanctions may be accompanied by additional penalties.

Absence of authorization, registration or declaration

Operating or implementing an IOTA (PCI, IOTA, etc.) without authorization, registration, the approval, approval or certification required shall be subject toone year in prison and €75,000 of fine (natural person) or €375,000 of fine (legal person).

For notifiable OITIs, the holding in the absence of a declaration shall be punished by €1,500 fine (natural person) or €7,500 fine (legal person). Continuing this exploitation after a formal notice is sanctioned with a year of imprisonment and €15,000 fine (natural person) or €75,000 fine (legal person).

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

When this creates a immediate risk of serious harm and enduring environment, those penalties shall be increased to 3 years imprisonment and €250,000 fine (natural person) or €1,250,000 (legal person), which may be increased to three times the amount of 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 fixed by the administrative authority shall be punished by €1,500 fine (natural person) or €7,500 fine (legal person). This shall also apply to discontinuance requirements.

When it has seriously endangered the health or safety of persons or caused substantial degradation of the environment, operating or implementing an IOTA without complying with the requirements fixed 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 OITI without complying with a formal notice issued by the prefect shall be punished by 2 years imprisonment and €100,000 of fine (natural person) or €500,000 of fine (legal person).

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

When the health, safety of persons or the environment have been seriously degraded, this 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 a PCI shall be punishable by 2 years imprisonment and €150,000 of fine (natural person) or €750,000 (legal person).

Other regulatory violations

Failure to inform the prefect of any substantial change in the technical and financial capacity of the operator of an authorized PCI shall be punishable by 6 months imprisonment and €75,000 fine (natural person) or €375,000 fine (legal person).

Failure to notify the prefect of a modification of a PCI 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:

  • A decision opposing a declaration or refusing authorization
  • A measure withdrawing an authorization, registration, approval or certification
  • The closing, removal or suspension of an installation or structure
  • An order of the court for the arrest, suspension or prohibition of proceedings
  • Order of formal notice issued by the administrative authority (the prefect)
  • Rehabilitation obligations or monitoring measures prescribed by the administrative authority

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

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

Recording

Installations classified for the protection of the environment (PCI) are subject to registration when the following 2 conditions are met:

  • They pose serious health, public safety and environmental hazards or disadvantages.
  • These dangers and disadvantages can in principle be prevented by compliance with general requirements.

To check if the PCI is subject to registration, the company should consult the PCI nomenclature. These are the facilities " E ’:

Nomenclature of PCIs and IOTAs

National Institute of Industrial Environment and Risks (Ineris)

Pour en savoir plus

If the installation project is covered by more than one heading, the most stringent regime applies: authorization, registration, then declaration.

FYI  

Installations which, after amendment of the PCI nomenclature and after being regularly put into service, are subject to registration may continue to operate without such registration, at the grandfather rights. The only condition is that the operator has already made himself known to the prefect or made himself known to him within one year of this submission. The benefit of acquired rights is declared at the relevant department of the prefecture.

Pre-Registration Environmental Assessment

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.

FYI  

One environmental assessment fact sheet details the projects concerned and the course of the evaluation.

Application for registration dossier

The applicant for registration can inquire about the teleprocedure and 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 (e.g. where a design office files the application on behalf of the future operator)
  • Parcels (If the list of parcels is deposited via a file instead of the online table)
  • Geographical references (If information is provided via a file instead of the online table)

Please note

The compilation of the dossier is complex. It is recommended to use a design office.

Please note

The operator may request adjustments from general requirements intended for its installation. In this case, the application for registration shall indicate the nature, extent and justification of such alterations.

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.

FYI  

If the project includes installations, works, works or activities (IOTA) subject to the declaration or authorization necessary for the classified installation or the proximity of which is such as to modify significantly the dangers or disadvantages thereof, registration under PCIs is the only step that must be taken.

Building permits and land clearance

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

When the installation of an installation requires clearance to be obtained, the application for registration must be accompanied or supplemented within 10 days of the dispatch of the file by a justification for the submission of the application for authorization to land. Obtaining clearance to land shall not be equivalent to registration.

It is strongly recommended to get closer to the service concerned upstream of the approach.

Registration procedure

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

Online

The record can be performed via an online service.

Online filing of an application for registration of PCI (simplified authorization)

On-site or by mail

The application must be submitted in at least 4 paper copies.

At the request of the Prefect, the project leader shall provide in paper form the copies needed for public consultation and other consultations.

Confidential information shall not be included in the submitted file. They shall be transmitted in separate paper form.

Where an installation is to be located in the territory of several departments, the application for registration shall be addressed to the prefect of the department where most of the project is to be carried out.

Application for registration for one or more installations classified for the protection of the environment (cerfa n°15679)

The form must be deposited or sent to the dedicated counter, in the department where the PCI is to be located.

Advertising of the application dossier

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 which he justifies should remain confidential.

Public consultation

The public consultation starts no later than 30 days after receipt of the complete and regular file, except in exceptional cases relating, 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, by order, fix the days and times when the file is open to public consultation and shall inform the applicant accordingly.

One notice to the public is posted or made public 2 weeks at least before the start of the public consultation.

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

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

FYI  

As soon as the application is submitted and until the end of the consultation, the applicant must posting a notice on the site where the installation will take place.

Decision

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

In the absence of a decision within those time limits, the silence of the prefect constitutes a refusal decision.

3 types of decisions can be made:

Répondez aux questions successives et les réponses s’afficheront automatiquement

Refusal

The applicant shall be informed when the prefect intends to refuse registration. The applicant may to submit its observations within 15 days.

He shall also be informed when the matter is referred to the departmental council, and he may make himself heard by the council or appoint, for this purpose, a representative to present his observations.

Subject to environmental authorization

The prefect can decide that the application for registration is not sufficient is that the project is to be appraised in accordance with theenvironmental authorization :

  • Or if, in view of the location of the project, the environmental sensitivity of the environment justifies it. In this case, the project is also subject to environmental assessment.
  • Or if the cumulative effect of the project with that of other projects involving installations, works or works situated in that area so warrants. In this case, the project is also subject to environmental assessment.
  • Or if the layout of general requirements applicable the installation, at the request of the operator, justifies it. In this case, the project is also subject to an environmental assessment (the application must include an impact assessment and not an impact assessment).

The prefect shall notify the applicant of his reasoned decision. That decision shall be made public.

Acceptance of the application for registration

PCI can be commissioning and operation where the application for registration has been accepted. This acceptance is evidenced by a prefectural registration order.

The applicant shall be informed when the prefect intends to issue special requirements supplementing, reinforcing or improving the general requirements. The applicant may to submit its observations within 15 days.

He shall also be informed when the matter is referred to the departmental council, and he may make himself heard by the council or appoint, for this purpose, a representative to present his observations.

The Prefectural Registration Decree lays down the requirements necessary for the prevention of risks and nuisances related to the implementation of the project, in particular on the environment, health and public safety. These include avoidance, reduction and compensation measures and their monitoring. It also lays down the condition in which the site must be returned by the operator when the installation is permanently shut down.

It may also fix, where relevant, a maximum volume of products stored or extracted.

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 of the Industrial Environment and Risks (INERIS) proposes a themed regulatory aid providing access to the main statutory instruments which may relate to a given installation:

Access to AIDA's themed regulatory help

FYI  

During the operation of the registered PCI, the prefect may impose by supplementary prefectural decree all the requirements necessary for the prevention of risks and nuisances.

Reporting of pollutant emissions and waste generated

Operators of PCIs subject to authorization or registration shall submit by March 31 of each year, for each installation, reporting of pollutant emissions and waste from its installation.

Annual remote reporting of pollutant emissions

General case

The Prefectural Registration Order sets the duration for which registration is granted. In the absence of a fixed duration, it shall be granted for an unlimited period, as long as the PCI is not modified or discontinued.

Duration is systematically limited for the following PCIs:

  • Quarrying facilities
  • Inert waste storage facilities

Lapse after 3 years of absence from operation

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

  • Either installation has not been commissioned within 3 years
  • Either the operation was interrupted for more than 3 consecutive years, following an inspection of classified installations or information from the operator. The prefect may then demand that the operator cease the activity of his installation, or of the relevant part of his installation.

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

FYI  

Following the cessation of operations, the operator shall monitor the PCI, the conservation of stocks, the removal of dangerous, perishable or troublesome materials and of animals in the installation.

The operator of a PCI shall declare as soon as possible to the inspection of classified installations accidents or incidents which have occurred as a result of the operation of that installation. This is compulsory for events likely to undermine risk prevention, in particular for the environment, health and public safety.

The operator shall transmit a accident report or, upon request, an incident report. It states, in particular:

  • The circumstances and causes of the accident or incident
  • The hazardous substances involved, if any
  • Effects on people and the environment
  • Emergency measures taken
  • The measures taken or envisaged to prevent an accident or similar incident and to mitigate its effects in the medium or long term

If further investigation reveals new elements modifying or supplementing this information or the conclusions drawn from it, the operator must update the information provided and forward it to the prefecture.

The return to service may require a new authorization, registration or declaration by the prefect.

FYI  

The prefect may prescribe the carrying out of assessments and the implementation of remedies following accidents or incidents, in order to ensure the prevention of risks.

The modification of activities or beneficiaries of registration is subject to specific regulations. The following cases are subject to special provisions:

  • Changes, including changes in activity (volumes, nature, etc.)
  • Business relocation, for which the steps are the same as for the most important changes
  • The change of beneficiary

Répondez aux questions successives et les réponses s’afficheront automatiquement

Activity changes or moves

There are 2 types of changes, depending on how important they are to the project:

  • Substantial changes, the most significant, including business travel
  • Significant changes, the others
Substantial changes or business relocation

Any substantial changes and shifts in the business require a new record. This renewal shall be subject to the same formalities as the initial registration.

This applies regardless of whether the change occurs before the project is completed or during its implementation or operation.

Significant changes

Amendments that are not substantial are significant amendments. Any significant changes (changes in the industrial process, changes in the nature of the waste generated, new risks or impacts identified, etc.) must be notified to the prefect in writing, by means of a briefing, together with all the associated justifications. It's deposited at the counter.

The amendment of the document justifying compliance with the requirements applicable to the installation, and which presents in particular the measures adopted and the performance expected by the applicant to ensure compliance with those requirements, is a significant amendment.

Please note

In case of doubt, the operator may carry out the procedure foreseen for the significant modifications. The Prefect will advise him of the procedure to follow if he considers the modification to be substantial.

Change of beneficiary

The change of beneficiary of the environmental authorization requires a declaration to the prefecture (via the DREAL or the DDPP, depending on the project) or an authorization from it.

The statement states:

  • In the case of a natural person: the name, forenames and domicile of the new operator
  • In the case of a legal person, the name or business name, legal form, address of the registered office and capacity of the declarant.

Termination of activity

Termination of activity consists of the following :

  • Shutdown
  • Security
  • If necessary, determination of future use(s)
  • Rehabilitation or rehabilitation

The operator shall notify the prefect of the date of permanent discontinuance of the installations at least 3 months before the discontinuanceand a list of the land concerned.

The notification shall indicate the measures taken or planned and the associated timetable, to ensure that, as soon as the plant is permanently shut down, the land concerned is secured at the site.

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

Please note

Rehabilitation of the site may be delayed, especially when land is not released.

The operator must forward the justifications associated with this request at the same time as his notification of cessation of activity to the prefect.

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

  • The site plans
  • Studies and reports communicated to the administration on the environmental situation and on the successive uses of the site
  • Its proposals on the future use(s) it envisages for these lands. He shall at the same time forward a copy of his proposals to the Prefect.
Who shall I contact

The prefect must receive a copy of this notification.

The persons consulted shall notify the prefect and the operator of their agreement or disagreement with these proposals in a three-month period upon receipt of the operator's proposals. In the absence of comments within this period, their opinion shall be deemed 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 or uses chosen for the land concerned. Failing agreement between operator, mayor or president ofEPCI: 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 facilities permanently shut down.

Please note

Delays may be extended, in particular in cases where the planned rehabilitation is manifestly incompatible with the future use of the area.

1. Shutdown

Final discontinuance consists of stop or reduce to the point that they no longer fall within the scope of the PCI nomenclature all classified activities of one or more PCIs within a site. This does not include the continuation of other activities on the site and the release of land.

2. Security

Safeguarding shall include, in particular, for the PCI(s) concerned by the cessation of activity the following measures:

  • L'evacuation of dangerous products and, for facilities other than waste storage facilities, the management of the waste present
  • Of prohibitions or restrictions on access
  • The suppression of fire and explosion hazards
  • The monitoring of the effects of the installation on its environment, taking into account a diagnosis commensurate with the stakes

Where appropriate, security operations shall be accompanied by temporary management measures or restrictions on use.

PCI security 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 providers by field of activity

Ministry of Economy

Pour en savoir plus

The security clearance of which a model is indicated on Legifrance shall be forwarded to the inspection of classified installations.

3. Identification of future uses and rehabilitation or restoration

When a registered installation is permanently shut down, the prefectural registration order may have foreseen the state in which the site is to be returned.

If the 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 as:

  • Risk prevention must be ensured, in particular for the environment, health and public safety
  • Allow future use of the site as determined by agreement with the mayor or president of theEPCI: titleContent. In the absence of agreement, the refurbishment shall be carried out in order to allow future use of the site comparable to that of the last period of operation of the facility which was shut down.

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

  • City planning documents in force on the date on which the operator notifies the Administration of its decision to shut down the installation
  • The use of land in the vicinity of the site

One binding time limit for the rehabilitation of the site can be requested by the prefect.

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

Please note

The rehabilitation of a site can be carried out by a third party, with the agreement of the operator and after approval of the prefecture.

4. Transmission of a rehabilitation memory

Rehabilitation memory

The operator must transmit to the prefect within 6 months of permanent cessation one rehabilitation memorandum 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 brief shall include the diagnosis of the soil survey, including in particular:

  • Elements relating to the historical, documentary and memorial study of the area under investigation
  • Elements relating to the vulnerability of environments
  • Investigations into the media and interpretation of their results
  • Geographical data relating to the surveyed area shall include in particular a plan delimiting that area, the boundary of the right of way of the site or sites and the list of associated cadastral parcels. Where appropriate, the plan shall identify the different substances used at that or those sites
  • A schematic, called conceptual, making it possible to understand the relationships between the sources of pollution, the pathways of transfer and the issues to be protected from a balance sheet of the state of the environments.

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

  • Rehabilitation objectives
  • A management plan that includes:
    • Measures to manage the various media affected on and, where available, off-site (treatment of pollution sources and elimination of concentrated pollution, in particular for soil and groundwater). These management measures shall be proposed by the operator. They shall be based on a balance of costs and benefits taking into account the effectiveness of the available techniques, the overall environmental impact and the cost which must remain economically acceptable.
    • The work to be carried out to implement the management measures and the associated estimated timetable, as well as the arrangements for monitoring and risk prevention, during the work
    • If necessary, the provisions laid down at the end of the works to ensure the monitoring of the media, the preservation of memory and any restrictions on use limiting or prohibiting certain developments or constructions, or certain uses of the media

By way of derogation, the operator may propose in his rehabilitation brief that one or more areas of concentrated pollution be maintained on site, subject to conditions.

Proposal for 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 sources of pollution
  • Elimination of concentrated pollution when the results of the diagnosis carried out in the context of the rehabilitation memory conclude that they are present.

These management measures shall be proposed by the operator. They shall be based on a balance of costs and benefits taking into account the effectiveness of the available techniques, the overall environmental impact and the cost which must remain economically acceptable. They must make it possible to attain a state of the rehabilitated environment compatible with the uses determined for the land concerned by the facility which has been stopped or the uses found outside the site.

The rehabilitation brief shall be accompanied by a certificate 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. She attests to theappropriateness of the proposed measures for the rehabilitation of the site in order to ensure the prevention of risks, in particular on the environment, health and public safety.

List of certified providers by field of activity

Ministry of Economy

Pour en savoir plus

Additional measurements may be required depending on the content of the memory and the type of installation.

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

Please note

By way of derogation, where the operator proposes to derogate from the principle of the elimination of concentrated pollution, the silence of the prefect for four months after the transmission of the certificate shall constitute rejection.

Completion of the work

When the work prescribed by the prefect or, failing that, defined in the rehabilitation memorandum are made, the operator shall make them to certify 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 shall forward this certificate to the prefect, mayor or president of theEPCI: titleContentand the owners of the land.

Who shall I contact

Unless the Prefect objects or makes a further request within the time limit of 2 months at the end of the transmission of the certificate, the cessation of activity shall be considered complete.

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

Please note

Where the rehabilitation brief concludes that no management and works measures are necessary, and where the certificate mentioned confirms the relevance of this conclusion, the silence maintained by the prefect for 4 months after the transmission of this certificate shall constitute agreement on this absence of the need for management and works measures.

Administrative sanctions

In case of non-compliance with the rules applicable to AIOTs (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 time limit which it shall determine. The operator may submit his observations.

In cases of urgency, the prefect shall, by the same act or by a separate act, fix necessary measures to prevent serious and imminent dangers to health, public safety or the environment.

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

  • Require the person given notice to pay to a public accountant before a specified date an amount corresponding to the amount of the work or operations to be carried out
  • To have the prescribed measures carried out of his own motion, in place of the person given notice and at his own expense. The amounts recorded shall be used to settle the expenses incurred in this way.
  • Suspend the operation of the IOTA until the conditions imposed have been fully complied with and take the necessary precautionary measures, at the expense of the person given notice
  • Order payment of a administrative fine at most equal to €45,000, and one daily penalty payment at most equal to €4,500 applicable from the notification of the decision fixing it until the formal notice or the ordered measure is satisfied.

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

The fine may not be pronounced after a period of three years from the time the deficiencies are established.

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

Criminal sanctions

Criminal sanctions may be accompanied by additional penalties.

Absence of authorization, registration or declaration

Operating or implementing an IOTA (PCI, IOTA, etc.) without authorization, registration, the approval, approval or certification required shall be subject toone year in prison and €75,000 of fine (natural person) or €375,000 of fine (legal person).

For notifiable OITIs, the holding in the absence of a declaration shall be punished by €1,500 fine (natural person) or €7,500 fine (legal person). Continuing this exploitation after a formal notice is sanctioned with a year of imprisonment and €15,000 fine (natural person) or €75,000 fine (legal person).

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

When this creates a immediate risk of serious harm and enduring environment, those penalties shall be increased to 3 years imprisonment and €250,000 fine (natural person) or €1,250,000 (legal person), which may be increased to three times the amount of 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 fixed by the administrative authority shall be punished by €1,500 fine (natural person) or €7,500 fine (legal person). This shall also apply to discontinuance requirements.

When it has seriously endangered the health or safety of persons or caused substantial degradation of the environment, operating or implementing an IOTA without complying with the requirements fixed 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 OITI without complying with a formal notice issued by the prefect shall be punished by 2 years imprisonment and €100,000 of fine (natural person) or €500,000 of fine (legal person).

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

When the health, safety of persons or the environment have been seriously degraded, this 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 a PCI shall be punishable by 2 years imprisonment and €150,000 of fine (natural person) or €750,000 (legal person).

Other regulatory violations

Failure to inform the prefect of any substantial change in the technical and financial capacity of the operator of an authorized PCI shall be punishable by 6 months imprisonment and €75,000 fine (natural person) or €375,000 fine (legal person).

Failure to notify the prefect of a modification of a PCI 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:

  • A decision opposing a declaration or refusing authorization
  • A measure withdrawing an authorization, registration, approval or certification
  • The closing, removal or suspension of an installation or structure
  • An order of the court for the arrest, suspension or prohibition of proceedings
  • Order of formal notice issued by the administrative authority (the prefect)
  • Rehabilitation obligations or monitoring measures prescribed by the administrative authority

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

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

Authorization

Classified installations for the protection of the environment (PCI) subject to authorization are those which:

  • Have serious health, public safety or environmental hazards or disadvantages
  • Require special requirements

FYI  

One environmental authorization fact sheet details the regulation of PCIs subject to authorization.

To check if the PCI is subject to authorization, the company should consult the PCI nomenclature. These are the facilities " A and " A GF ’:

Nomenclature of PCIs and IOTAs

National Institute of Industrial Environment and Risks (Ineris)

Pour en savoir plus