Environmental Authorization (PCI, IOTA)
Verified 25 March 2025 - Directorate for Legal and Administrative Information (Prime Minister)
The activities, installations, works and works (AIOT) may be subject to environmental authorization. These include certain installations classified for the protection of the environment (PCI) and part of the installations, works, works and activities subject to the Water Act (IOTA).
Some classified installations for the protection of the environment (PCI) are also installations, works, works and activities (IOTA) or include them. In this case, the legislation applicable to PCI and to IOTA.
PCI
Facilities classified for environmental protection (ICPE) are subject to authorization when the following 2 conditions are met:
- They pose serious risks or disadvantages to health, public safety and the environment
- They require special requirements
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
If the installation project is covered by more than one heading, the most stringent regime applies: authorization, registration, then declaration.
The nomenclature shall include, in particular, installations FDI ' (headings 3xxx) and installations affected by major-accident hazards known as Seveso (headings 4xxx).
Environmental authorization includes equipment, facilities and activities included in the project of the PCI project holder meeting 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 and after being regularly put into service, are subject to authorization may continue to operate without such authorization, 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 declaration of the benefit of the acquired rights is made at the prefecture.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Metropolitan France (including Corsica)
Agricultural or agri-food sector PCI
The service to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Protection of the Population (DDETSPP)
Other PCIs
Île-de-France
The contact point is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to contact is the Regional Directorate for Environment, Planning and Housing (DREAL).
Guadeloupe
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Martinique
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Reunion
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Mayotte
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Guiana
The service to be contacted is the Directorate General for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
Environmental authorizations shall take the place of authorizations, registrations, declarations, absence of objections, approvals and approvals following:
- No objection to IOTA declaration
- Order of requirements for declared IOTA
- Authorization for the emission of greenhouse gases
- Special authorization under natural reserves when it is issued by the State and except in cases where one of the permits or decisions takes the place of such authorization
- Special authorization under classified sites or pending classification except in cases where one of the permits or decisions takes the place of such authorization
- Derogation from prohibitions for the conservation of sites of geological interest, natural habitats, non-domestic animal or plant species and their habitats
- Absence of opposition under the impact assessment regime Natura 2000
- Receipt of a declaration or registration of PCIs subject to these regimes, except for statements that the petitioner indicates he wishes to make separately from the environmental authorization procedure
- Decree of requirements applicable to notifiable persons or registration
- Authorization or declaration for the use of genetically modified organisms (GMOs), excluding those required for the use of GMOs subject to national defense confidentiality rules
- Approval for waste treatment
- Authorization to operate a power generating plant
- Authorization for clearing
- Authorizations necessary for the establishment of wind-powered electricity production facilities in the vicinity of:
- Coastal defense or maritime security works
- Depots of ammunition and explosives
- Other defense installations
- Authorizations necessary for the establishment of wind-powered electricity production facilities required in radio emission and reception protection service areas
- Permits required for the establishment of wind-powered electricity generation facilities near historic monuments, notable heritage sites or aerodromes
- Authorizations for road and rail-linked land transport infrastructure projects carried out on behalf of States foreigners or international organizations, the State, its public institutions and concessionaires in the vicinity of historic monuments or remarkable heritage sites
- Reasoned derogation from compliance with the objectives of the master plans for water management and planning
- Authorization to Affect Tree Aisles and Alignments
- Document or definition of requirements for mining work subject of a declaration
- Single authorization required for the establishment of the related connecting works to the public electricity networks on the continental shelf and the exclusive economic zone
- Approval required for the establishment of submarine cables and submarine pipelines on the continental shelf
- No opposition to the declaration or single authorization for the destruction of hedges
- Order approving the concession agreement for the use of the public maritime domain outside the administrative limits of ports, where it is necessary for the establishment of:
- Offshore renewable energy production facilities
- Connecting structures to the public electricity networks
- Interconnection works with the electricity networks of the neighboring States
Environmental Assessment Prior to Application for Authorization
The project can be subject to environmental assessment.
Where such an environmental assessment is mandatory, it must be carried out prior to the application for authorization.
FYI
One environmental assessment fact sheet details the projects concerned and the course of the evaluation.
Preparation of the file
The applicant for the environmental authorization may learn more about the online service and on the preparation of the dossier environmental permit application through the guide to building the paperless folder.
The template files referred to in this guide are available here:
- Warrant of deposit (where a design office makes the request on behalf of the future operator)
- Parcels (for terrestrial projects, if the list of parcels is filed via a file instead of the online table)
- Geographical references (for maritime or river projects, if information is provided via a file instead of the online table)
- ERC Metrics File for the metropolis and its notice
Please note
The compilation of the dossier is complex. It is recommended to use a design office.
The project owner subject to environmental authorization shall provide a file containing :
- When he is a natural person, surname, first name, date of birth and address
- If it is a legal person, name or trade name, legal form, trade secret number, address of registered office and capacity of signatory of the application
- The place where the project is to be carried out
- A situational plan of the project on a scale of 1/25 000, or, failing that, 1/50 000, indicating its location
- A document certifying that the applicant is the owner of the land or that he has the right to carry out his project or that a procedure is in progress giving him this right
- A description of:
- The nature and volume of the proposed activity, installation, structure or work
- Its implementing and operational rules
- The methods used (means of monitoring and surveillance, means of intervention in the event of an incident or an accident)
- An indication, as appropriate, of the heading(s) of the nomenclatures or of the item(s) to which the project relates
- Conditions for site reclamation after operation
- If the project is concerned, the nature, origin and volume of water used or affected
- Where the project is concerned, measures to ensure the efficient, economical and sustainable use of water resources, in particular by developing the reuse of treated waste water and the use of rainwater as an alternative to drinking water
- Either the environmental assessment impact assessment or an environmental impact assessment where the project is not subject to an environmental assessment
- If the project is not subject to an environmental assessment following a case-by-case review, the appropriate decision. It may be accompanied by an indication of any changes in the characteristics and measures of the project on which the decision not to submit the project for assessment was based
- Graphical elements, plans or maps useful for understanding the parts of the file
- A non-technical briefing note
- Where the establishment of a plant requires a city planning permit, the justification for the submission of the application for such a city planning permit if it was made beforehand or at the same time as the application for an environmental permit
- Where relevant, a reference to other decisions, applications for authorization or declarations, other than city planning authorizations (Declaration of public utility, Declaration of general interest, Servitude of public utility, Mining title, Compatibility of a document, city planning or Concession of occupation of the public maritime domain), necessary for the implementation of the project and requiring the organization of a public inquiry, where that inquiry has not yet been carried out. This entry shall be supplemented by the date of submission and the name of the competent authority for such applications and, where appropriate, by the request for a derogation from the organization of a single public inquiry.
- Where relevant, where an application for a mining right is submitted at the same time as the application for an environmental permit, the decision identifying the dossier selected following the competitive procedure initiated.
The project owner may include in the application file a summary of the measures envisaged, in the form of proposals for requirements to ensure compliance with the various obligations to which the project is subject.
L'environmental impact assessment shall:
- Describe the current state of the site on which the project is to be carried out and its environment
- Determine the direct and indirect, temporary and permanent impacts of the project on general interests, including health, public safety and the environment, taking into account its characteristics and the sensitivity of its environment
- State the measures envisaged to avoid and reduce the significant adverse effects of the project on the environment and health, to compensate them if they cannot be avoided or reduced and, if they cannot be compensated, the reasons for this impossibility
- Propose follow-up measures
- Indicate the conditions for refurbishing the site after operation
- Include a non-technical summary
- Where relevant, include information on how the project impacts the water resource, aquatic environment, water flow, water level and quality, including runoff, taking into account seasonal and climatic variations. The study details the reasons why the project was selected as an alternative in light of these challenges.
- Where relevant, justify the compatibility of the project with the master plan or the water management and development plan and with the provisions of the flood risk management plan
- Where relevant, justify its contribution to the achievement of the objectives of sustainable management of the water resource and the objectives of water quality.
The applicant must also provide a hazard study.
The hazard study shall specify the risks to which the installation may expose, directly or indirectly, in particular with regard to environmental protection, health and public safety in the event of an accident. It takes into account risks that have an internal cause (e.g. non-compliance with a safety protocol) or external cause (e.g. a natural disaster).
The content of the hazard study shall be commensurate with the magnitude of the risks generated by the installation.
This study requires a risk analysis that takes into account the probability of occurrence, kinetics and severity of potential accidents according to a methodology that it explains.
It shall define and justify measures to reduce the probability and effects of such accidents.
The project owner may consider to carry out its project in several stages, simultaneously or successively. It can then request separate environmental authorizations for each of the slices that require them. This is possible under the following 2 conditions:
- The proposed subdivision does not exempt the project from the environmental authorization
- The tranches shall be consistent with environmental issues
The environmental authorizations issued in this context are supplemented in order to take into account the cumulative environmental impacts at project level.
The environmental authorization application file must be completed by the documents, documents and information specific to the project for which the request is made. These items are listed in the environmental code (Articles D181-15-1 to D181-15-12).
Financial guarantees
The constitution of financial guarantees is required of certain PCIs.
These PCIs are indicated in the nomenclature by the code " A GF ’:
Nomenclature of PCIs and IOTAs
National Institute of Industrial Environment and Risks (Ineris)
Pour en savoir plus
Depending on the nature of PCIs, these guarantees are intended to ensure:
- Monitoring the site
- The safety of the installation
- Possible interventions in the event of an accident before or after closure
- Rehabilitation after closure.
The authorization decree sets out the amount of financial guarantees required and the updating of this amount.
As soon as the plant is put into operation, the operator shall send the prefect a document certifying that the financial guarantees have been provided.
The application for an environmental authorization must be submitted front commissioning of the installation and start of all associated necessary works.
It is strongly recommended to get closer to the inspection of classified installations to be accompanied upstream of the approach.
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Metropolitan France (including Corsica)
Agricultural or agri-food sector PCI
The service to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Protection of the Population (DDETSPP)
Other PCIs
Île-de-France
The contact point is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to contact is the Regional Directorate for Environment, Planning and Housing (DREAL).
Guadeloupe
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Martinique
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Reunion
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Mayotte
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Guiana
The service to be contacted is the Directorate General for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
The service to contact is:
- Either the Regional Directorate for the Environment, Planning and Housing (DREAL) or DRIEAT in Île-de-France
Who shall I contact
- Either the Water Police Service of the Departmental Directorate of Territories (DDT)
- Or the Water Agency
Who shall I contact
Please note
In the overseas departments and regions (Drom), the Water Agency is replaced by a Water Board.
Please note
If the project is a facility subject to PCI authorization and it includes or is also an IOTA subject to PIC authorization, the environmental authorization process must be carried out once only.
Whether the project includes one or more PCI subject to registration or reporting and/or one or more IOTAs (including those subject to authorization), a single application for an environmental authorization must be made.
The request can be made via an online service or by filing or sending the file. It is recommended to focus on the online process.
Online
It is strongly recommended to submit the paperless environmental permit application dossier via an online service.
Applying for an environmental authorization - online procedure
This online service offers the project owner subject to authorization from the simplifications and time savings throughout the investigation procedure, including:
- The acknowledgement of receipt shall be automatically issued if all mandatory documents are submitted.
- There is no longer a request for a wicket appointment for the completeness exam.
- The complete updated file is automatically submitted to environment-projects.gouv.fr.
- The applicant shall be automatically informed of the progress of the processing of his application.
The full benefits of the dematerialized process are detailed in a booklet.
On-site or by mail
Although it is strongly recommended to use the online service, the request can be submitted in 4 hard copies and in electronic format.
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.
Application for environmental authorization (cerfa n°15964)
The form must be deposited or sent to the dedicated office of the service concerned.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Metropolitan France (including Corsica)
Agricultural or agri-food sector PCI
The service to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Protection of the Population (DDETSPP)
Other PCIs
Île-de-France
The contact point is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to contact is the Regional Directorate for Environment, Planning and Housing (DREAL).
Guadeloupe
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Martinique
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Reunion
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Mayotte
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Guiana
The service to be contacted is the Directorate General for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
The service to contact is:
- Either the Regional Directorate for the Environment, Planning and Housing (DREAL) or DRIEAT in Île-de-France
Who shall I contact
- Either the Water Police Service of the Departmental Directorate of Territories (DDT)
- Or the Water Agency
Who shall I contact
Please note
In the overseas departments and regions (Drom), the Water Agency is replaced by a Water Board.
Please note
Upon receipt of the request for authorization, the prefect shall issue a proof of deposit.
This does not prejudge the completeness and regularity of the file and does not constitute the start of the examination and consultation phase, which starts only when the file is considered complete and regular.
Course of the appraisal
As soon as the application for authorization is submitted, the applicant must receive a proof of deposit the file, issued by the prefect. If the file does not contain sufficient information for examination and consultation, the Prefect shall invite the applicant to complete or regularize it within a reasonable period of time to be fixed by him.
Where it has been considered complete and regular, the examination of the application for environmental authorization shall take place in 2 phases :
- Public Review and Consultation Phase
- Decision phase.
As soon as the file is complete and regular, the prefect informs the petitioner of the opening of the examination and consultation phase.
1. Public review and consultation phase
Steps
This phase includes the appraisal of the file by the State services, mandatory consultations with the various competent bodies and authorities, consultations with municipal councils and other local authorities concerned and public participation.
Examination
The review of the file is ongoing several months, as it is transferred to many authorities and bodies (municipal councils, regional health agencies, etc.) which give an opinion on the project.
These opinions are given to the prefect within 45 days.
Rejection of the application
The application for environmental authorization may be rejected at the public review and consultation stage, in particular where:
- The opinion of one of the authorities or one of the bodies consulted by the Prefect is unfavorable (e.g. if concerned, the opinion of the Minister of the Armed Forces or the Minister responsible for the sites, etc.).
- Authorization may not be granted under sufficient conditions to prevent risks, in particular to the environment, health and public safety.
- The project is clearly incompatible with the local town plan (PLU), the water management and planning scheme or the master plan for water management and planning.
- Completion of the project was companies before the completion of the application.
This rejection is then notified to the project owner in the form of a prefectural decree.
This decision concludes the review and consultation phase. It shall be transmitted without delay by the prefect to the president of the administrative tribunal and to the investigating commissioner or to the president of the commission of inquiry.
Public consultation
Conducted at the same time as the review of the file by the services and the mandatory consultations, the public consultation is referred to as ‘ parallelized ”.
Environmental authorization projects are: systematically subject to public consultation may take the form of a public inquiry conducted by a Commissioner of Inquiry (or Board of Inquiry) appointed by the Administrative Tribunal. She's organized by the prefect, at the latest 15 days after receipt of the opinions of the authorities and bodies consulted.
Consultation with the public lasts 3 months. This period may not be suspended or extended.
A consultation file shall be compiled and made available to the public. It contains in particular the impact assessment of the project (or the impact assessment, if applicable), its non-technical summary, and the opinions obtained by the prefect from various authorities and bodies during the examination of the dossier.
Public opinions shall be made public by the administration on a website. The applicant may reply.
The obligations of the project owner are:
- Within the first 15 days of the consultation, the project holder subject to environmental authorization must organize with the Commission of Inquiry a public opening meeting.
- Within the last 15 days of the consultation, the project holder subject to environmental authorization must organize with the Commission of Inquiry a public closing meeting.
The project owner is encouraged to participate.
The following information shall be made public throughout the consultation by the investigating commissioner on the website of the prefecture or on the website specifically dedicated to consultation:
- Days, times and places of public opening and closing meetings. The day, time and place of the closing meeting shall be made public at least 7 days before the meeting is held
- Comments and proposals from the public
- Opinion of the authorities and bodies consulted by the Prefect, or mention of the absence of an opinion resulting from the expiry of the time limits
- Any additional information produced by the project owner
- Possible responses by the project owner to these opinions, comments and proposals from the public, including those gathered at the closing meeting.
The consultation website must comply with the requirements listed in a decree available here.
At the end of the period for consultation with the public, the investigating commissioner shall meet with the project owner and communicate the comments and proposals of the public recorded beforehand. The project owner has a deadline of 5 days to comment.
Within a period of 3 weeks as of the end of the consultation, the commission of inquiry must issue a relationship, which includes the following:
- Reminder of project purpose
- List of documents in the consultation file
- Conclusions of the Committee of Inquiry
- Analysis of the proposals gathered during the public consultation
- Comments from the project manager in response to public comments.
That report shall be made public. It is transmitted by the prefect to the applicant.
FYI
The applicant must bear the associated costs public consultation.
2 existing forms of public participation are implemented according to the procedures applicable to the project:
- Electronic Public Participation (EPP), where the application for an environmental authorization relates to a project subject to environmental assessment, which has already been the subject of a public inquiry and a first authorization, including an update of the impact assessment.
- The single public inquiry: where a public inquiry is to be carried out prior to a decision (other than a city planning authorization) necessary for the realization of the project and that inquiry has not yet been carried out (e.g. a declaration of public utility [DUP] or the establishment of a public utility easement [SUP]), and unless the petitioner requests a derogation.
In both cases, the review by the services and the mandatory consultations (entities or bodies whose opinion is required by regulation, local and regional authorities) are conducted at the same time, before the public is consulted in a second stage.
2. Decision-making phase
Rolled Out
One draft prefectural decree the prefect shall notify the applicant of the decision on the application for an environmental authorization, who shall have 15 days to submit any observations in writing. It shall indicate either a refusal to operate the installations or an environmental authorization to operate them.
The decision phase usually lasts from 2-3 months. During this period, the application may be subject to consultation by the members of the departmental advisory body: CODERST (Departmental Council for the Environment and Health and Technological Risks) or CDNPS (Departmental Commission for Nature, Landscapes and Sites - “wind” or “career” training), depending on the project.
The prefect must respond to the request for environmental authorization within 2 months from the day on which the report and the conclusions of the investigating commissioner or the summary of the observations and proposals of the public are sent by the prefect to the applicant.
This period may, however, be extended, in particular by reasoned order of the prefect, within a limit of two months, or for a longer period if the applicant gives his agreement.
That period shall be suspended:
- In the case where the project is clearly incompatible with the local town plan (PLU), until the PLU is amended
- If the prefect requests a third-party expert because the project presents dangers or disadvantages of particular importance, from that request until the production of the expert opinion
- Where the procedure is combined with the procedure for the award of a mining right, until such time as that right is granted
FYI
Following the deadlines indicated, if the prefect has not ruled on the application, it shall be considered rejected.
The environmental authorization decision shall be evidenced by a prefectural environmental authorization order. In particular, it shall be published on the website of the department where it was issued for at least four months.
Requirements associated with authorization
Where the decision is to authorize the project, the prefectural environmental authorization decree lays down the requirements necessary for the prevention of risks and the reduction of 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.
Risk Prevention
The environmental authorization shall mention measures to ensure the prevention of the dangers or disadvantages of PCI, including for the environment, health and public safety.
The environmental authorization shall in particular include measures to ensure:
- Compliance with the installation's greenhouse gas emission quotas
- The conservation of the ecosystems of protected nature reserves and compliance with the regulations applicable to such reserves, where the environmental authorization is used as a special authorization for a nature reserve created by the State
- The conservation or preservation of listed or classified natural sites or monuments, where the environmental authorization replaces the special authorization for listed and classified sites
- Compliance with the conditions for granting the derogation from the prohibitions laid down for the conservation of sites of geological interest, natural habitats, non-domestic animal or plant species not cultivated and their habitats, where the environmental authorization takes the place of that derogation
- Compliance with the site's conservation objectives Natura 2000, where the environmental authorization takes the place of no objection
- Compliance with the conditions of the contained use of GMOs, where the environmental authorization is used as an authorization or declaration of contained use of genetically modified organisms
- Compliance with the conditions for carrying out the waste management activity, where the authorization is used as an authorization for waste treatment
- Taking into account the operating criteria of a power-generating facility, where the environmental authorization replaces the authorization to operate a power-generating facility
- The preservation of the general interests related to the use of timber and forests, where the environmental authorization acts as a clearing authorization
- Compliance with the conditions for issuing permits for wind-powered electricity generation installations, where the environmental permit is in lieu of such permits
- The conservation and enhancement of remarkable heritage sites and the approaches to historic monuments, where the environmental authorization is in lieu of such authorizations
- Compliance with the conditions for issuing the permit to affect tree paths and alignments, where the environmental permit takes the place of the permit
- Compliance with environmental objectives, where the environmental authorization takes the place of approval of the concession to use the public maritime domain
- Compliance with the conditions for non-opposition to the single declaration or for issuing the single authorization prior to the destruction of hedgerows.
Warning
Care must be taken to comply with all the regulations, in particular all the transversal ministerial decrees and the requirements, for example, set out in the Environmental Code.
Compliance with requirements
The operator shall also respect the general requirements on risk prevention. 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 regulatory texts which may relate to a given AIOT:
Access to AIDA's themed regulatory help
The Ineris also lists the ministerial orders of prescription applicable to installations on the PCI nomenclature page:
Nomenclature of PCIs and IOTAs
National Institute of Industrial Environment and Risks (Ineris)
Pour en savoir plus
Reminder
The operator shall also comply with requirements specified in the Prefectural Environmental Authorization Order and the complementary Prefectural Orders issued by the Prefect. The purpose of these requirements is to limit the impacts associated with the implementation of the project, in particular on the environment, health and public safety.
During the implementation of the project, when the project presents dangers or disadvantages of particular importance, the prefect may request a third-party expert. The Commission may carry out an analysis of elements of the file requiring special checks.
This third-party expertise shall be carried out by an external body chosen in agreement with the operator's administration and at the operator's expense.
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 Pollutant Emission Reporting (GEREP)
Keeping a register of soil conditions
Some operators of classified facilities must maintain a soil pollution status. These are:
- Carbon dioxide geological storage sites
- PCI Seveso high threshold
- Careers
- Waste storage facilities
These operators must update with each notable change the operating conditions and the state of pollution of the soil on which the installation is located. This status shall be transmitted by the operator to the service concerned, the mayor of the municipality concerned or the president of theEPCI: titleContentand the owner of the land on which the installation is located.
Who shall I contact
Répondez aux questions successives et les réponses s’afficheront automatiquement
Metropolitan France (including Corsica)
Agricultural or agri-food sector PCI
The service to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Protection of the Population (DDETSPP)
Other PCIs
Île-de-France
The contact point is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to contact is the Regional Directorate for Environment, Planning and Housing (DREAL).
Guadeloupe
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Martinique
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Reunion
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Mayotte
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Guiana
The service to be contacted is the Directorate General for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
General case
The Prefectural Decree on Environmental Authorization sets the period for which the environmental authorization is granted. In the absence of a fixed period, it shall be granted for an unlimited period, as long as the installation is not modified or shut down.
For PCIs subject to authorization for greenhouse gas emissions resulting from their activities, the Prefect shall review at least every 5 years at least the particulars of the application for authorization and shall make any amendments to the authorization that may be necessary by issuing supplementary orders.
No commissioning
The environmental authorization order is no longer valid when the project has not been commissioned or completed :
- Or within the period laid down in the authorization order
- Either within 3 years from the day of notification of the authorization
This period shall be suspended in the event of an appeal to the administrative court against the environmental authorization order, its supplementary orders, the building permit or the decision not to oppose prior declaration.
An exception may be granted in the case of force majeure or a justified and accepted request for an extension of time.
Lapse after 3 years of cessation of activity
Except in cases of force majeure or a justified and accepted request for an extension of time, the authorization order terminates when the operation has been 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 avoid an accident or similar incident and to mitigate its effects in the medium or long term.
The accident or incident can be reported using one of the notification forms made available on the Ministry of the Environment's ARIA website:
Notification sheets to inform the inspection of classified installations of an accident or incident
Once completed, the accident or incident report must be sent to the inspectorate of classified facilities.
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Metropolitan France (including Corsica)
Agricultural or agri-food sector PCI
The service to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Protection of the Population (DDETSPP)
Other PCIs
Île-de-France
The contact point is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to contact is the Regional Directorate for Environment, Planning and Housing (DREAL).
Guadeloupe
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Martinique
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Reunion
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Mayotte
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Guiana
The service to be contacted is the Directorate General for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
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 activities or of the beneficiaries of the authorization is subject to specific regulations. The following cases are subject to special provisions:
- Changes, including changes in activity (volumes, nature, etc.)
- Change of beneficiary: the beneficiary transfers all of his authorization to another person
- Partial transfer of the benefit of the authorization: the beneficiary transfers part of his authorization to another operator
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Changes
There are 2 types of changes, depending on how important they are to the project:
- Substantial changes, most important
- Significant changes, the others
Substantial amendments
A change substantial an amendment to a PCI subject to authorization is an amendment that:
- Either constitutes an extension of the PCI subject to a new environmental assessment
- Meets quantitative thresholds and criteria established by order of the Minister responsible for the Environment
- is likely to cause significant risks and inconveniences, in particular to the environment, health or public safety
Changes always considered substantial are modifications to PCIs that are likely to result in major accidents involving hazardous substances (Seveso):
- May have significant consequences in terms of major-accident hazards
- As a result of which an establishment Seveso low threshold becomes high threshold
In case of doubt, the subject of the amendment must be brought to the attention of the prefect, which will decide on the substance of the amendment.
Any substantial change shall be subject to the issue of a new environmental authorizationsubject to the same formalities as the original authorization.
This applies regardless of whether the change occurs before the project is completed or during its implementation or operation.
Significant changes
A change notable of a PCI subject to authorization is a change that is not substantial.
The modifications still considered to be significant are non-substantial modifications to PCIs that are likely to create major accidents involving hazardous substances (Seveso) below:
- Significant change or any significant increase or decrease in the quantity or nature or physical form of the hazardous substance present, as identified by the operator, or any significant change in the processes using it
- Amendment which results in an establishment Seveso high threshold becomes low threshold
In case of doubt, the significance of a modification must be proved by the prefect.
A significant change must be brought to the attention of the prefect, which shall then decide on any additional requirements and on the adaptation of the environmental authorization.
Metropolitan France (including Corsica)
Agricultural or agri-food sector PCI
The service to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Protection of the Population (DDETSPP)
Other PCIs
Île-de-France
The contact point is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to contact is the Regional Directorate for Environment, Planning and Housing (DREAL).
Guadeloupe
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Martinique
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Reunion
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Mayotte
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Guiana
The service to be contacted is the Directorate General for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
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.
Additional requirements in connection with the amendment
The prefect may, on the occasion of such amendment, issue supplementary prefectural orders to fix additional requirements necessary for the prevention of risks and the reduction of nuisances associated with PCI.
Some operators of classified facilities must maintain a soil pollution status. These are:
- Carbon dioxide geological storage sites
- PCI Seveso high threshold
- Careers
- Waste storage facilities
These operators must update with each notable change operating conditions means a state of the pollution of the soil on which the installation is located. This report is transmitted by the operator to the prefect, the mayor of the municipality concerned or the president of theEPCI: titleContentand the owner of the land on which the installation is located.
Who shall I contact
Metropolitan France (including Corsica)
Agricultural or agri-food sector PCI
The service to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Protection of the Population (DDETSPP)
Other PCIs
Île-de-France
The contact point is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to contact is the Regional Directorate for Environment, Planning and Housing (DREAL).
Guadeloupe
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Martinique
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Reunion
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Mayotte
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Guiana
The service to be contacted is the Directorate General for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
Change of beneficiary
The change of beneficiary of the environmental authorization requires a declaration to the prefecture (via inspection of classified installations) or a authorisation of this one.
The declaration must be communicated to the prefect in writing with all the associated justifications. It's dropped off at the counter.
Metropolitan France (including Corsica)
Agricultural or agri-food sector PCI
The service to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Protection of the Population (DDETSPP)
Other PCIs
Île-de-France
The contact point is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to contact is the Regional Directorate for Environment, Planning and Housing (DREAL).
Guadeloupe
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Martinique
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Reunion
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Mayotte
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Guiana
The service to be contacted is the Directorate General for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
Partial transfer
Where one or more third parties wish to benefit from partial transfer of an environmental authorization, they shall do so application to the prefecturewithin 3 months of such transfer.
The application shall include:
- Or if it is a natural person, the surname, forenames and domicile of the new beneficiary
- Or if it is a legal person, his name or business name, legal form, address of his registered office and capacity as signatory of the declaration
Metropolitan France (including Corsica)
Agricultural or agri-food sector PCI
The service to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Protection of the Population (DDETSPP)
Other PCIs
Île-de-France
The contact point is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to contact is the Regional Directorate for Environment, Planning and Housing (DREAL).
Guadeloupe
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Martinique
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Reunion
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Mayotte
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Guiana
The service to be contacted is the Directorate General for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
The prefecture shall then issue to each applicant and to the original holder a separate environmental authorization where it considers that the following conditions are met:
- The amendment is not substantial
- The partial transfer may be carried out without prejudice to risk prevention
- The conditions for application of the rules are met
- It is possible to identify which measures are relevant to each
For PCIs likely to cause major accidents involving hazardous substances (Seveso), the application shall also include technical and financial capacity of the new beneficiary.
Proof of the applicant's financial guarantees and suitability shall be sought before the opening of research or mining operations. Specific provisions shall apply to installations for the exploration for or exploitation of liquid or gaseous hydrocarbons and to installations essential for the mine.
The prefect must acknowledge receipt of the request within one or two months, depending on the project.
Please note
The request must be made front the transfer for PCIs likely to cause major accidents involving dangerous substances (Seveso).
A request for renewal must be sent to the prefect by the beneficiary not later than 6 months before the expiry date of the authorization.
The application must contain:
- The analyzes, measurements and checks carried out
- The effects observed on the environment and the incidents that occurred
- The amendments envisaged in the light of this information or the difficulties encountered in the application of the authorization
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Metropolitan France (including Corsica)
Agricultural or agri-food sector PCI
The service to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Protection of the Population (DDETSPP)
Other PCIs
Île-de-France
The contact point is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to contact is the Regional Directorate for Environment, Planning and Housing (DREAL).
Guadeloupe
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Martinique
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Reunion
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Mayotte
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Guiana
The service to be contacted is the Directorate General for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
The extension and renewal of an environmental authorization shall be subject to the issue of a new authorization:
- If they include a substantial change of the authorized project
- In the case of a substantial change in the circumstances under which the original authorization was granted (e.g. a change in the rules)
Such an application shall be subject to the same formalities as the initial application for authorization if it proposes to make a substantial modification to the authorized activities, installations, works and works.
A change substantial an amendment to a PCI subject to authorization is an amendment that:
- Either constitutes an extension of the PCI subject to a new environmental assessment
- Meets quantitative thresholds and criteria established by order of the Minister responsible for the Environment
- is likely to cause significant risks and inconveniences, in particular to the environment, health or public safety
Changes always considered substantial are modifications to PCIs that are likely to result in major accidents involving hazardous substances (Seveso):
- May have significant consequences in terms of major-accident hazards
- As a result of which an establishment Seveso low threshold becomes high threshold
In case of doubt, the subject of the amendment must be brought to the attention of the prefect, which will decide on the substance of the amendment.
Any changes must be brought to the attention of the prefect.
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. This period shall be at least 6 months for waste storage facilities, carbon dioxide geological storage sites and quarries.
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.
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Metropolitan France (including Corsica)
Agricultural or agri-food sector PCI
The service to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Protection of the Population (DDETSPP)
Other PCIs
Île-de-France
The contact point is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to contact is the Regional Directorate for Environment, Planning and Housing (DREAL).
Guadeloupe
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Martinique
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Reunion
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Mayotte
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Guiana
The service to be contacted is the Directorate General for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
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.
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.
The security clearance of which a model is indicated on Legifrance shall be forwarded to the inspection of classified installations.
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Metropolitan France (including Corsica)
Agricultural or agri-food sector PCI
The service to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Protection of the Population (DDETSPP)
Other PCIs
Île-de-France
The contact point is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to contact is the Regional Directorate for Environment, Planning and Housing (DREAL).
Guadeloupe
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Martinique
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Reunion
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Mayotte
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Guiana
The service to be contacted is the Directorate General for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
3. Identification of future uses and rehabilitation and rehabilitation
The site remediation provisions of a PCI subject to authorization depend on the installation authorization date.
A binding deadline for the rehabilitation of the site may be required by the prefect.
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Authorization before 1 February 2004
Where an installation is authorized before 1er February 2004 is permanently discontinued, its 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 agreement is as follows:
- The operator shall transmit to the mayor or president of theEPCI: titleContent and owners of the PCI lands affected by the cessation of activities: the site plans, studies and reports communicated to the administration on the environmental situation and on the successive uses of the site, as well as its proposals on the future use(s) that it envisages for these lands. He shall at the same time forward a copy of his proposals to the Prefect.
- The mayor, or the president of the EPCI, shall notify the prefect and the operator of his agreement or disagreement with these proposals within 3 months of receipt of the operator's proposals. In the absence of comments within this period, the opinion is considered 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.
The prefect may fix binding rehabilitation requirements where the rehabilitation is incompatible with the future use of the area with regard to:
- Planning documents in force on the date on which the operator informs the administration of his decision to put the installation out of operation
- The use of land in the vicinity of the site
Authorization after 1 February 2004
It's the operator or, failing that, the owner of the land on which the installation is located, which is site remediation officer.
The environmental authorization decree determines the state in which the site must be returned to be permanently discontinued in order to ensure that risks, in particular to the environment, health and public safety, are prevented.
Refurbishment must allow future use of the site as determined by an agreement with the mayor or president of theEPCI: titleContent. In the absence of an agreement, the reclamation shall be carried out in order to allow future use of the site comparable to that of the installations for which an authorization is requested.
The agreement is as follows:
- The operator shall transmit to the mayor or president of theEPCI: titleContent and owners of the land in the PCIs affected by the cessation of activities: the site plans, studies and reports communicated to the administration on the environmental situation and on the successive uses of the site, as well as its proposals on the future use(s) that it envisages for these land. He shall at the same time forward a copy of his proposals to the Prefect.
- The mayor or president of the EPCI shall notify the prefect and the operator of their agreement or disagreement with these proposals within 3 months of receipt of the operator's proposals. In the absence of comments within this period, their opinion shall be considered 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.
The prefect may fix binding rehabilitation requirements where the rehabilitation is incompatible with the future use of the area with regard to:
- Planning documents in force on the date on which the operator informs the administration of his decision to put the installation out of operation
- The use of land in the vicinity of the site
The operator must be certified by a certified company in the field of polluted sites and soil or with equivalent competence in the provision of services in this field:
- Implementation of security measures
- The adequacy of the measures proposed for the rehabilitation of the site
- The implementation of the proposed measures for the rehabilitation of the site
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.
The operator may propose in his rehabilitation submission that one or more concentrated pollution areas be maintained on site, where all of the following conditions are met:
- On-site maintenance does not harm the environment, health or public safety
- On-site maintenance includes cutting off the transfer routes of concentrated pollution
- The overall environmental balance of maintaining concentrated pollution on the site is more favorable than that of eliminating it
- The certificate of adequacy of the proposed measures confirms that these conditions are fulfilled
The prefect may issue regulations to enable compliance with these conditions.
Where the operator proposes to derogate from the principle of elimination of concentrated pollution, the silence of the prefect for four months after the transmission of the certificate shall be deemed to constitute rejection.
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.
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.
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Metropolitan France (including Corsica)
Agricultural or agri-food sector PCI
The service to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Protection of the Population (DDETSPP)
Other PCIs
Île-de-France
The contact point is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to contact is the Regional Directorate for Environment, Planning and Housing (DREAL).
Guadeloupe
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Martinique
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Reunion
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Mayotte
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Guiana
The service to be contacted is the Directorate General for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
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.
IOTA
IOTA concerned
The facilities, works, works and activities are IOTA if they result in at least one of the following:
- Hazards to public health and safety
- A nuisance to the free flow of water (change in the level or mode of flow)
- A reduction in water resources (abstraction from surface or groundwater of at least 1000 m3, returned or not)
- A significant increase in flood risk
- Serious damage to the quality or diversity of the aquatic environment, in particular to fish stocks (destruction of spawning grounds, growth or feeding areas for fish fauna or spills)
- Direct or indirect, chronic or episodic flows, discharges or deposits, whether or not non-polluting
- Drying, watering, waterproofing or filling of wetlands or marshes (heading 3.3.1.0. of the nomenclature)
- Discharge of stormwater to surface fresh water or to soil or subsoil (section 2.1.5.0)
Facilities, works, works and activities (IOTA) likely to present dangers to public health and safety, including the removal of water for irrigation in favor of a single organism, shall be systematically subject to authorization.
To check whether IOTA is subject to authorization, the company should consult the PCI nomenclature (which incorporates the IOTA nomenclature). These are the IOTAs " A ’:
Nomenclature of PCIs and IOTAs
National Institute of Industrial Environment and Risks (Ineris)
Pour en savoir plus
The IOTAs located within the protection perimeter of a natural mineral water spring declared to be in the public interest and involving sampling or underground work operations shall also be subject to authorisation. That applies including whether they should be reportable according to the nomenclature.
Environmental authorization includes equipment, facilities and activities included in the project of the holder of the IOTA project meeting one of the following criteria:
- Needed for this IOTA
- The proximity of which is such as to significantly modify the hazards or disadvantages of the project
FYI
IOTAs which, after having been regularly put into service, are subject to authorization, may generally continue to operate without such authorization, 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 following information shall be provided:
- The name and address of the operator or, failing that, of the owner
- The location of the IOTA
- The nature, consistency, volume and purpose of the IOTA, and the heading(s) of the nomenclature in which they are to be stored
The holder of the IOTA project must ensure that comply with the specific regulations applicable to its installation. These include offshore renewable energy facilities, research and mining operations, and licensed hydroelectric companies.
The IOTAs of headings 5.1.1.0 to 5.2.3.0 of the Nomenclature are subject to specific provisions and the authorization procedure applicable to them differs.
These are the following IOTAs:
- Reinjection into the same water table of water taken for geothermal purposes, for mining and quarrying or for civil engineering works
- Research and exploitation of small geothermal sites
- Operating work on underground storage of radioactive waste
- Hydraulic concessions
- Work decided by the Land Development Commission
Environmental authorizations shall take the place of authorizations, registrations, declarations, absence of objections, approvals and approvals following:
- No objection to IOTA declaration
- Order of requirements for declared IOTA
- Authorization for the emission of greenhouse gases
- Special authorization under natural reserves when it is issued by the State and except in cases where one of the permits or decisions takes the place of such authorization
- Special authorization under classified sites or pending classification except in cases where one of the permits or decisions takes the place of such authorization
- Derogation from prohibitions for the conservation of sites of geological interest, natural habitats, non-domestic animal or plant species and their habitats
- Absence of opposition under the impact assessment regime Natura 2000
- Receipt of a declaration or registration of PCIs subject to these regimes, except for statements that the petitioner indicates he wishes to make separately from the environmental authorization procedure
- Decree of requirements applicable to notifiable persons or registration
- Authorization or declaration for the use of genetically modified organisms (GMOs), excluding those required for the use of GMOs subject to national defense confidentiality rules
- Approval for waste treatment
- Authorization to operate a power generating plant
- Authorization for clearing
- Authorizations necessary for the establishment of wind-powered electricity production facilities in the vicinity of:
- Coastal defense or maritime security works
- Depots of ammunition and explosives
- Other defense installations
- Authorizations necessary for the establishment of wind-powered electricity production facilities required in radio emission and reception protection service areas
- Permits required for the establishment of wind-powered electricity generation facilities near historic monuments, notable heritage sites or aerodromes
- Authorizations for road and rail-linked land transport infrastructure projects carried out on behalf of States foreigners or international organizations, the State, its public institutions and concessionaires in the vicinity of historic monuments or remarkable heritage sites
- Reasoned derogation from compliance with the objectives of the master plans for water management and planning
- Authorization to Affect Tree Aisles and Alignments
- Document or definition of requirements for mining work subject of a declaration
- Single authorization required for the establishment of the related connecting works to the public electricity networks on the continental shelf and the exclusive economic zone
- Approval required for the establishment of submarine cables and submarine pipelines on the continental shelf
- No opposition to the declaration or single authorization for the destruction of hedges
- Order approving the concession agreement for the use of the public maritime domain outside the administrative limits of ports, where it is necessary for the establishment of:
- Offshore renewable energy production facilities
- Connecting structures to the public electricity networks
- Interconnection works with the electricity networks of the neighboring States
Warning
Multiple IOTA shall be subject to a single authorization when they correspond to all of the following circumstances, whether they are carried out simultaneously or successively:
- They are carried out by the same person, the same holding or the same establishment
- They concern the same aquatic environment
- Individually, they are below the threshold laid down in the nomenclature of IOTAs subject to authorization
- Together, they exceed the threshold set by the nomenclature of authorized IOTAs
Temporary authorization
IOTAs that have a less than one year and who have no significant and lasting effects on the water or the aquatic environment may be granted temporary authorization at the request of the holder of the IOTA project. This one has a maximum duration of 6 months, renewable once.
The the authorization procedure is then simplified.
Failure to reply by the prefect for more than 6 months from receipt of the request shall be deemed to constitute a decision rejecting the request.
The service to contact is:
- Either the Regional Directorate for the Environment, Planning and Housing (DREAL) or DRIEAT in Île-de-France
Who shall I contact
- Either the Water Police Service of the Departmental Directorate of Territories (DDT)
- Or the Water Agency
Who shall I contact
Please note
In the overseas departments and regions (Drom), the Water Agency is replaced by a Water Board.
In France, water resources are watershed management. To oversee this management, agencies (in metropolis) and Water Offices (in the overseas departments and regions) have been created.
Water Agencies and Offices may help manufacturers, farmers, and other IOTA project developers in the financing, support and enhancement of their projects and initiatives to act on health, the living environment, the preservation of water resources and biodiversity.
In particular, they may accompany project promoters:
- Taking into account the Master Plan for Water Management and Development (SDAGE) the catchment area in which IOTA will be established: guidelines, objectives, provisions, etc.
- Taking into account the Water Management and Planning Scheme (SAGE) the locality in which IOTA will operate: guidelines, objectives, provisions, etc.
- Overview of financial aid to which the project is entitled
The 6 Water Agencies are:
- Adour-Garonne
- Artois-Picardie
- Loire-Bretagne
- Rhine-Meuse
- Rhône Mediterranean Corsica
- Seine-Normandy
The 5 Water Offices are:
- Guadeloupe
- Guiana
- Martinique
- Meeting
- Mayotte (in the process of being created, contact the Committee on Water and Biodiversity)
Environmental Assessment Prior to Application for Authorization
The project can be subject to environmental assessment.
Where such an environmental assessment is mandatory, it must be carried out prior to the application for authorization.
FYI
One environmental assessment fact sheet details the projects concerned and the course of the evaluation.
Preparation of the file
The applicant for the environmental authorization may learn more about the online service and on the preparation of the dossier environmental permit application through the guide to building the paperless folder.
The template files referred to in this guide are available here:
- Warrant of deposit (where a design office makes the request on behalf of the future operator)
- Parcels (for terrestrial projects, if the list of parcels is filed via a file instead of the online table)
- Geographical references (for maritime or river projects, if information is provided via a file instead of the online table)
- ERC Metrics File for the metropolis and its notice
Please note
The compilation of the dossier is complex. It is recommended to use a design office.
The project owner subject to environmental authorization shall provide a file containing :
- When he is a natural person, surname, first name, date of birth and address
- If it is a legal person, name or trade name, legal form, trade secret number, address of registered office and capacity of signatory of the application
- The place where the project is to be carried out
- A situational plan of the project on a scale of 1/25 000, or, failing that, 1/50 000, indicating its location
- A document certifying that the applicant is the owner of the land or that he has the right to carry out his project or that a procedure is in progress giving him this right
- A description of:
- The nature and volume of the activity, installation, structure or work envisaged
- Its implementing and operational rules
- The methods used (means of monitoring and surveillance, means of intervention in the event of an incident or an accident)
- An indication, as appropriate, of the heading(s) of the nomenclatures or of the item(s) to which the project relates
- Conditions for site reclamation after operation
- If the project is concerned, the nature, origin and volume of water used or affected
- Where the project is concerned, measures to ensure the efficient, economical and sustainable use of water resources, in particular by developing the reuse of treated waste water and the use of rainwater as an alternative to drinking water
- Either the environmental assessment impact assessment or an environmental impact assessment where the project is not subject to an environmental assessment
- If the project is not subject to an environmental assessment following a case-by-case review, the appropriate decision. It may be accompanied by an indication of any changes in the characteristics and measures of the project on which the decision not to submit the project for assessment was based
- Graphical elements, plans or maps useful for understanding the parts of the file
- A non-technical briefing note
The project owner may include in the application file a summary of the measures envisaged, in the form of proposals for requirements to ensure compliance with the various obligations to which the project is subject
L'environmental impact assessment shall:
- Describe the current state of the site on which the project is to be carried out and its environment
- Determine the direct and indirect, temporary and permanent impacts of the project on general interests, including health, public safety and the environment, taking into account its characteristics and the sensitivity of its environment
- State the measures envisaged to avoid and reduce the significant adverse effects of the project on the environment and health, to compensate them if they cannot be avoided or reduced and, if they cannot be compensated, the reasons for this impossibility
- Propose follow-up measures
- Indicate the conditions for refurbishing the site after operation
- Include a non-technical summary
- Where relevant, include information on how the project impacts the water resource, aquatic environment, water flow, water level and quality, including runoff, taking into account seasonal and climatic variations. The study details the reasons why the project was selected as an alternative in light of these challenges.
- Where relevant, justify the compatibility of the project with the master plan or the water management and development plan and with the provisions of the flood risk management plan
- Where relevant, justify its contribution to the achievement of the objectives of sustainable management of the water resource and the objectives of water quality.
Several applications for IOTA environmental authorizations at the same site may constitute a single application for environmental authorization.
Multiple requests for authorizations for related operations or operations related to the same activity may be the subject of a common procedure where they are located in a sub-basin or a group of sub-basins corresponding to a hydrographic unit or a coherent aquifer system.
The project owner may consider to carry out its project in several stages, simultaneously or successively. It can then solicit separate environmental authorizations for each of the slices that require them. This is possible under the following 2 conditions:
- The proposed subdivision does not exempt the project from the environmental authorization.
- The tranches shall be consistent with environmental issues.
The environmental authorizations issued in this context are supplemented in order to take into account the cumulative environmental impacts at project level.
The environmental authorization application file must be completed by the documents, documents and information specific to the project for which the request is made. These items are listed in the environmental code (Articles D181-15-1 to D181-15-12).
The application for an environmental authorization must be submitted front commissioning of the installation and start of all associated necessary works.
It is strongly recommended to get closer to the inspection of classified installations to be accompanied upstream of the approach.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Metropolitan France (including Corsica)
Agricultural or agri-food sector PCI
The service to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Protection of the Population (DDETSPP)
Other PCIs
Île-de-France
The contact point is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to contact is the Regional Directorate for Environment, Planning and Housing (DREAL).
Guadeloupe
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Martinique
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Reunion
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Mayotte
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Guiana
The service to be contacted is the Directorate General for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
The service to contact is:
- Either the Regional Directorate for the Environment, Planning and Housing (DREAL) or DRIEAT in Île-de-France
Who shall I contact
- Either the Water Police Service of the Departmental Directorate of Territories (DDT)
- Or the Water Agency
Who shall I contact
Please note
In the overseas departments and regions (Drom), the Water Agency is replaced by a Water Board.
Please note
If the project is a facility subject to PCI authorization and it includes or is also an IOTA subject to PIC authorization, the environmental authorization process must be carried out once only.
Whether the project includes one or more PCI subject to registration or reporting and/or one or more IOTAs (including those subject to authorization), a single application for an environmental authorization must be made.
The request can be made via an online service or by filing or sending the file. It is recommended to focus on the online process.
Online
It is strongly recommended to submit the paperless environmental permit application dossier via an online service.
Applying for an environmental authorization - online procedure
This online service offers the project owner subject to authorization from the simplifications and time savings throughout the investigation procedure, including:
- The acknowledgement of receipt shall be automatically issued if all mandatory documents are submitted.
- There is no longer a request for a wicket appointment for the completeness exam.
- The complete updated file is automatically submitted to environment-projects.gouv.fr.
- The applicant shall be automatically informed of the progress of the processing of his application.
The full benefits of the dematerialized process are detailed in a booklet.
On-site or by mail
Although it is strongly recommended to use the online service, the request can be submitted in 4 hard copies and in electronic format.
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.
Application for environmental authorization (cerfa n°15964)
The form must be deposited or sent to the dedicated office of the service concerned.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Metropolitan France (including Corsica)
Agricultural or agri-food sector PCI
The service to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Protection of the Population (DDETSPP)
Other PCIs
Île-de-France
The contact point is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to contact is the Regional Directorate for Environment, Planning and Housing (DREAL).
Guadeloupe
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Martinique
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Reunion
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Mayotte
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Guiana
The service to be contacted is the Directorate General for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
The service to contact is:
- Either the Regional Directorate for the Environment, Planning and Housing (DREAL) or DRIEAT in Île-de-France
Who shall I contact
- Either the Water Police Service of the Departmental Directorate of Territories (DDT)
- Or the Water Agency
Who shall I contact
Please note
In the overseas departments and regions (Drom), the Water Agency is replaced by a Water Board.
Please note
Upon receipt of the request for authorization, the prefect shall issue a proof of deposit.
This does not prejudge the completeness and regularity of the file and does not constitute the start of the examination and consultation phase, which starts only when the file is considered complete and regular.
Course of the appraisal
As soon as the application for authorization is submitted, the applicant must receive a proof of deposit the file, issued by the prefect. If the file does not contain sufficient information for examination and consultation, the Prefect shall invite the applicant to complete or regularize it within a reasonable period of time to be fixed by him.
Where it has been considered complete and regular, the examination of the application for environmental authorization shall take place in 2 phases :
- Public Review and Consultation Phase
- Decision phase.
As soon as the file is complete and regular, the prefect informs the petitioner of the opening of the examination and consultation phase.
1. Public review and consultation phase
Steps
This phase includes the appraisal of the file by the State services, mandatory consultations with the various competent bodies and authorities, consultations with municipal councils and other local authorities concerned and public participation.
Examination
The review of the file is ongoing several months, as it is transferred to many authorities and bodies (municipal councils, regional health agencies, etc.) which give an opinion on the project.
These opinions are given to the prefect within 45 days.
Rejection of the application
The application for environmental authorization may be rejected at the public review and consultation stage, in particular where:
- The opinion of one of the authorities or one of the bodies consulted by the Prefect is unfavorable (e.g. if concerned, the opinion of the Minister of the Armed Forces or the Minister responsible for the sites, etc.).
- Authorization may not be granted under sufficient conditions to prevent risks, in particular to the environment, health and public safety.
- The project is clearly incompatible with the local town plan (PLU), the water management and planning scheme or the master plan for water management and planning.
- Completion of the project was companies before the completion of the application.
This rejection is then notified to the project owner in the form of a prefectural decree.
This decision concludes the review and consultation phase. It shall be transmitted without delay by the prefect to the president of the administrative tribunal and to the investigating commissioner or to the president of the commission of inquiry.
Public consultation
Conducted at the same time as the review of the file by the services and the mandatory consultations, the public consultation is referred to as ‘ parallelized ”.
Environmental authorization projects are: systematically subject to public consultation may take the form of a public inquiry conducted by a Commissioner of Inquiry (or Board of Inquiry) appointed by the Administrative Tribunal. She's organized by the prefect, at the latest 15 days after receipt of the opinions of the authorities and bodies consulted.
Consultation with the public lasts 3 months. This period may not be suspended or extended.
A consultation file shall be compiled and made available to the public. It contains in particular the impact assessment of the project (or the impact assessment, if applicable), its non-technical summary, and the opinions obtained by the prefect from various authorities and bodies during the examination of the dossier.
Public opinions shall be made public by the administration on a website. The applicant may reply.
The obligations of the project owner are:
- Within the first 15 days of the consultation, the project holder subject to environmental authorization must organize with the Commission of Inquiry a public opening meeting.
- Within the last 15 days of the consultation, the project holder subject to environmental authorization must organize with the Commission of Inquiry a public closing meeting.
The project owner is encouraged to participate.
The following information shall be made public throughout the consultation by the investigating commissioner on the website of the prefecture or on the website specifically dedicated to consultation:
- Days, times and places of public opening and closing meetings. The day, time and place of the closing meeting shall be made public at least 7 days before the meeting is held
- Comments and proposals from the public
- Opinion of the authorities and bodies consulted by the Prefect, or mention of the absence of an opinion resulting from the expiry of the time limits
- Any additional information produced by the project owner
- Possible responses by the project owner to these opinions, comments and proposals from the public, including those gathered at the closing meeting.
The consultation website must comply with the requirements listed in a decree available here.
At the end of the period for consultation with the public, the investigating commissioner shall meet with the project owner and communicate the comments and proposals of the public recorded beforehand. The project owner has a deadline of 5 days to comment.
Within a period of 3 weeks as of the end of the consultation, the commission of inquiry must issue a relationship, which includes the following:
- Reminder of project purpose
- List of documents in the consultation file
- Conclusions of the Committee of Inquiry
- Analysis of the proposals gathered during the public consultation
- Comments from the project manager in response to public comments.
That report shall be made public. It is transmitted by the prefect to the applicant.
FYI
The applicant must bear the associated costs public consultation.
2 existing forms of public participation are implemented according to the procedures applicable to the project:
- Electronic Public Participation (EPP), where the application for an environmental authorization relates to a project subject to environmental assessment, which has already been the subject of a public inquiry and a first authorization, including an update of the impact assessment.
- The single public inquiry: where a public inquiry is to be carried out prior to a decision (other than a city planning authorization) necessary for the realization of the project and that inquiry has not yet been carried out (e.g. a declaration of public utility [DUP] or the establishment of a public utility easement [SUP]), and unless the petitioner requests a derogation.
In both cases, the review by the services and the mandatory consultations (entities or bodies whose opinion is required by regulation, local and regional authorities) are conducted at the same time, before the public is consulted in a second stage.
2. Decision-making phase
Rolled Out
One draft prefectural decree the prefect shall notify the applicant of the decision on the application for an environmental authorization, who shall have 15 days to submit any observations in writing. It shall indicate either a refusal to operate the installations or an environmental authorization to operate them.
The decision phase usually lasts from 2-3 months. During this period, the application may be subject to consultation by the members of the departmental advisory body: CODERST (Departmental Council for the Environment and Health and Technological Risks) or CDNPS (Departmental Commission for Nature, Landscapes and Sites - “wind” or “career” training), depending on the project.
The prefect must respond to the request for environmental authorization within 2 months from the day on which the report and the conclusions of the investigating commissioner or the summary of the observations and proposals of the public are sent by the prefect to the applicant.
This period may, however, be extended, in particular by reasoned order of the prefect, within a limit of two months, or for a longer period if the applicant gives his agreement.
That period shall be suspended:
- In the case where the project is clearly incompatible with the local town plan (PLU), until the PLU is amended
- If the prefect requests a third-party expert because the project presents dangers or disadvantages of particular importance, from that request until the production of the expert opinion
- Where the procedure is combined with the procedure for the award of a mining right, until such time as that right is granted
FYI
Following the deadlines indicated, if the prefect has not ruled on the application, it shall be considered rejected.
The environmental authorization decision shall be evidenced by a prefectural environmental authorization order. In particular, it shall be published on the website of the department where it was issued for at least four months.
Requirements associated with authorization
Where the decision is to authorize the project, the prefectural environmental authorization decree lays down the requirements necessary for the prevention of risks and the reduction of 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.
Risk Prevention
The environmental authorization shall mention measures to prevent the dangers or disadvantages of IOTA, including for the environment, health and public safety.
The environmental authorization shall include measures ensuring in particular:
- Compliance with the installation's greenhouse gas emission quotas, if any
- The conservation of the ecosystems of protected nature reserves and compliance with the regulations applicable to such reserves, where the environmental authorization is used as a special authorization for a nature reserve created by the State
- The conservation or preservation of listed or classified natural sites or monuments, where the environmental authorization replaces the special authorization for listed and classified sites
- Compliance with the conditions for granting the derogation from the prohibitions laid down for the conservation of sites of geological interest, natural habitats, non-domestic animal or plant species not cultivated and their habitats, where the environmental authorization takes the place of that derogation
- Compliance with the site's conservation objectives Natura 2000, where the environmental authorization takes the place of no objection
- Compliance with the conditions of the contained use of GMOs, where the environmental authorization is used as an authorization or declaration of contained use of genetically modified organisms
- Compliance with the conditions for carrying out the waste management activity, where the authorization is used as an authorization for waste treatment
- Taking into account the operating criteria of a power-generating facility, where the environmental authorization replaces the authorization to operate a power-generating facility
- The preservation of the general interests related to the use of timber and forests, where the environmental authorization acts as a clearing authorization
- Compliance with the conditions for issuing permits for wind-powered electricity generation installations, where the environmental permit is in lieu of such permits
- The conservation and enhancement of remarkable heritage sites and the approaches to historic monuments, where the environmental authorization is in lieu of such authorizations
- Compliance with the conditions for issuing the permit to affect tree paths and alignments, where the environmental permit takes the place of the permit
- Compliance with environmental objectives, where the environmental authorization takes the place of approval of the concession to use the public maritime domain
Warning
Work to prevent a serious and immediate danger may be undertaken without the submission of applications for authorization or the declarations to which they are subject. The operator must immediately inform the prefect.
The service to contact is:
- Either the Regional Directorate for the Environment, Planning and Housing (DREAL) or DRIEAT in Île-de-France
Who shall I contact
- Either the Water Police Service of the Departmental Directorate of Territories (DDT)
- Or the Water Agency
Who shall I contact
Please note
In the overseas departments and regions (Drom), the Water Agency is replaced by a Water Board.
Compliance with requirements
The operator shall comply with general risk prevention requirements. They are specified in orders of the Ministry of the Environment.
The National Institute of the Industrial Environment and Risks (Ineris) proposes a themed regulatory aid providing access to the main regulatory texts which may relate to a given AIOT:
Access to AIDA's themed regulatory help
INERIS also lists the ministerial orders of prescription applicable to IOTAs:
List of IOTA General Prescribing Orders
National Institute of Industrial Environment and Risks (Ineris)
Pour en savoir plus
Reminder
The environmental authorization decree lays down the additional requirements necessary for the prevention of risks related to the implementation of the project, in particular on the environment, health and public safety. These requirements shall be complied with.
During the implementation of the project, when the project presents dangers or disadvantages of particular importance, the prefect may request a third-party expert. The Commission may carry out an analysis of elements of the file requiring special checks.
This third-party expertise shall be carried out by an external body chosen in agreement with the operator's administration and at the operator's expense.
Appropriate means of measurement or evaluation
Facilities for carrying out sampling surface water or spills and groundwater pumping facilities must have appropriate and approved means of measurement or evaluation.
Their operators or, if there are no operators, their owners must install and operate them.
Of measures must be recorded and recorded in a register each month. The information to be mentioned is:
- The volumes picked
- If relevant, the number of pumping hours
- Use and conditions of use
- Any variations in quality that may have been observed
- The conditions under which the water withdrawn is discharged
- Changes in the water regime
- Incidents occurring in the operation of the installation or the counting of samples and in particular pumping stoppages
This register must be kept for 3 years. When water is withdrawn by pumping, the measurement is carried out by means of a water meter.
This register must be provided upon request by the administration (e.g. inspection of classified installations).
Public utility easements
When a hydraulic structure poses a danger to public safety, easements of public utility may be introduced at the time of application for authorization or after authorization has been granted.
Easements shall include, where relevant:
- Limitation or prohibition of the right to construct or construct buildings and develop camping or caravan parking areas
- The obligation to comply with technical requirements designed to limit the danger of exposure of human life to flooding
The perimeter and contents of the easements are subject to public inquiry.
Provisions specific to works located in the bed of a watercourse
Any structure to be built in the bed of a watercourse must include devices for maintaining a minimum flow rate in this bed. These must guarantee at all times the life, circulation and reproduction of the species living in the waters at the time of installation of the structure and, where appropriate, devices preventing the entry of fish into the supply and escape channels.
This does not apply to the Rhine or to international parts of shared watercourses.
This minimum flowrate must not be less than 10% the module of the watercourse immediately downstream or at the right of the works corresponding to the average inter-annual flow rate, estimated from the available information covering a minimum period of 5 years, or at the flow rate immediately upstream of the works, whichever is less.
This minimum flowrate must not be less than 20% the module of the watercourse immediately downstream or at the level of the structure assessed under the same conditions or at the flow rate immediately upstream of the structure:
- For watercourses or parts of watercourses with a modulus exceeding 80 m3 per second
- For structures which contribute, through their modulating capacity, to the production of electricity during peak consumption periods
However, the minimum flow rate may be set at a lower value for watercourses or sections of watercourses with atypical operation making it irrelevant to set a minimum flow rate under the conditions laid down above.
An atypically functioning watercourse is a watercourse that falls into one of the following situations:
- Its minor bed has geological characteristics which are responsible for the disappearance of a significant proportion of natural flows at certain times of the year
- Its immediate downstream, coming from a dam of a height of 20 meters or more or for hydroelectric use of a power of more than 20 megawatts, is submerged by the whirlwind of the water surface of another dam also meeting one of these two criteria
- Species belonging to the following groups are absent: phytoplankton, macrophytes and phytobenthos, benthic invertebrate fauna, fish fauna
- It is a Mediterranean river with an annual average of the lowest natural monthly flow of less than 10è module. The term Mediterranean watercourse means watercourses situated in Corsica and, for those falling within the Rhone-Mediterranean basin, their parts situated in the departments of Hautes-Alpes, Alpes-de-Haute-Provence, Alpes-Maritimes, Var, Bouches-du-Rhône, Vaucluse, Gard, Hérault, Aude, Pyrénées-Orientales, Drôme, Ardèche or Lozère.
The operator of the work shall to ensure operation and maintenance devices ensuring these minimum flows in the bed of the watercourse.
The regulations may differ depending on the watercourse in question. It is advisable to inquire about the watercourses on which the work will have to be settled with the prefecture.
The service to contact is:
- Either the Regional Directorate for the Environment, Planning and Housing (DREAL) or DRIEAT in Île-de-France
Who shall I contact
- Either the Water Police Service of the Departmental Directorate of Territories (DDT)
- Or the Water Agency
Who shall I contact
Please note
In the overseas departments and regions (Drom), the Water Agency is replaced by a Water Board.
Please note
Hydraulic structures are subject to specific safety and security provisions.
General case
The authorization order shall fix the duration for which the environmental authorization is granted.
Environmental authorization may be repealed or amended without compensation on behalf of the State:
- In the event of a major threat:
- For the preservation of the state or appearance of a nature reserve created by the state
- For the preservation of the characteristics of general interest which gave rise to the classification or classification instance of a site
- For the conservation status of sites, habitats and species
- For site conservation objectives Natura 2000
- For the conservation of an afforestation recognized as necessary
- In the interests of public health, and in particular where such repeal or amendment is necessary for the supply of drinking water to the population
- To prevent or stop flooding or in the event of a threat to public safety
- In the event of a major threat to the aquatic environment, and in particular when the aquatic environment is subjected to critical hydraulic conditions incompatible with its preservation
- When the works or installations are abandoned or are no longer regularly maintained
- Where the operation of the works or installations does not allow the preservation of migratory species living alternately in fresh water and in salt water.
The prefect may extend the duration of the authorization work by supplementary decree.
No commissioning
The environmental authorization order ceases to have effect where the project has not been commissioned or carried out:
- Or within the period laid down in the authorization order
- Either in a three-year period from the day of notification of the authorization
This period shall be suspended in the event of an appeal to the administrative court against the environmental authorization order, its supplementary orders, the building permit or the decision not to oppose prior declaration.
An exception may be granted in the case of force majeure or a justified and accepted request for an extension of time.
Any incident or accident in connection with the implementation of an IOTA which is likely to be harmful to health, public safety or the environment must be declared to the prefect and the mayor or president of theEPCI: titleContent.
The person causing the incident or accident and the operator or, if there is no operator, the owner shall, as soon as they are aware of it, take or cause to be taken all possible measures for:
- Ending the cause of danger or harm to the aquatic environment
- Assess the consequences of the incident or accident
- Dealing with the consequences of the incident or accident
The prefect may prescribe the measures to be taken to put an end to the damage found or to limit its gravity and, in particular, the analyzes to be carried out.
In the event of failure to act, and if there is a risk of pollution or destruction of the natural environment, or for public health and the supply of drinking water, the prefect may take or cause to be carried out the necessary measures at the expense and risk of the persons responsible.
The service to contact is:
- Either the Regional Directorate for the Environment, Planning and Housing (DREAL) or DRIEAT in Île-de-France
Who shall I contact
- Either the Water Police Service of the Departmental Directorate of Territories (DDT)
- Or the Water Agency
Who shall I contact
Please note
In the overseas departments and regions (Drom), the Water Agency is replaced by a Water Board.
The prefect may decide that the return to service of an IOTA temporarily out of use for an accidental reason, shall be subject to a new authorization or declaration :
- If the return to service results in changes to the IOTA or changes in its operation or operation
- If the accident reveals risks that were insufficiently taken into account initially
Following the incident or accident, the operator shall to monitor:
- IOTA
- The flow of water
- The conservation of the polluting substances in his custody or in the accumulation of which he contributed and which are likely to be carried by water
- The disposal of pollutants in his custody or in the accumulation of which he contributed and which are likely to be carried by water
The modification of the activities or of the beneficiaries of the authorization is subject to specific regulations. The following cases are subject to special provisions:
- Changes, including changes in activity (volumes, nature, etc.)
- Change of beneficiary: the beneficiary transfers all of his authorization to another person
- Partial transfer of the benefit of the authorization: the beneficiary transfers part of his authorization to another person
Répondez aux questions successives et les réponses s’afficheront automatiquement
Changes
There are 2 types of changes, depending on how important they are to the project:
- Substantial changes, most important
- Significant changes, the others
Substantial amendments
A change substantial of an IOTA subject to authorization is an amendment which:
- Either constitutes an extension of IOTA subject to a new environmental assessment
- Meets quantitative thresholds and criteria established by order of the Minister responsible for the Environment
- is likely to cause significant risks and inconveniences, in particular to the environment, health or public safety
In case of doubt, the substantiality of an amendment must be proved by the prefect.
Any substantial modification of the IOTAs covered by the environmental authorization shall be subject to the issue of a new authorizationsubject to the same formalities as the original authorization.
This applies regardless of whether the change occurs before the project is completed or during its implementation or operation.
Significant changes
A change notable of an IOTA subject to authorization is a modification which is not substantial.
In case of doubt, the significance of a modification must be proved by the prefect.
The prefect must be informed of any significant change, and he or she then decides on additional requirements and on the adaptation of the authorization.
The service to contact is:
- Either the Regional Directorate for the Environment, Planning and Housing (DREAL) or DRIEAT in Île-de-France
Who shall I contact
- Either the Water Police Service of the Departmental Directorate of Territories (DDT)
- Or the Water Agency
Who shall I contact
Please note
In the overseas departments and regions (Drom), the Water Agency is replaced by a Water Board.
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.
Additional requirements in connection with the amendment
The Prefect may, on the occasion of such amendment, issue supplementary orders to lay down additional requirements necessary for the prevention of the risks associated with IOTA.
Change of beneficiary
The change of beneficiary of the environmental authorization requires a declaration to the prefecture (via DREAL or DDT, depending on the project) or an authorization of this one.
The service to contact is:
- Either the Regional Directorate for the Environment, Planning and Housing (DREAL) or DRIEAT in Île-de-France
Who shall I contact
- Either the Water Police Service of the Departmental Directorate of Territories (DDT)
- Or the Water Agency
Who shall I contact
Please note
In the overseas departments and regions (Drom), the Water Agency is replaced by a Water Board.
Partial transfer
Where one or more third parties wish to benefit from partial transfer of an environmental authorization, they apply to the prefecture (DREAL or DDT, depending on the project) within 3 months of such transfer.
The application shall include:
- Or if it is a natural person, the surname, forenames and domicile of the new beneficiary
- Or if it is a legal person, his name or business name, legal form, address of his registered office and capacity as signatory of the declaration
For dams and similar works and works constructed or constructed to prevent flooding and submersions, the application shall also include the technical and financial capacity of the new beneficiary.
Proof of the applicant's financial guarantees and suitability shall be sought before the opening of research or mining operations. Specific provisions shall apply to installations for the exploration for or exploitation of liquid or gaseous hydrocarbons and to installations essential for the mine.
The prefect must acknowledge receipt of the request within one or two months, depending on the project.
Please note
The request must be made front the transfer for dams and similar works and works constructed or constructed to prevent flooding and flooding.
The service to contact is:
- Either the Regional Directorate for the Environment, Planning and Housing (DREAL) or DRIEAT in Île-de-France
Who shall I contact
- Either the Water Police Service of the Departmental Directorate of Territories (DDT)
- Or the Water Agency
Who shall I contact
Please note
In the overseas departments and regions (Drom), the Water Agency is replaced by a Water Board.
The prefecture may issue to each applicant and to the original holder a separate environmental authorization where it considers that the following conditions are met:
- The amendment is not substantial.
- The partial transfer may be carried out without prejudice to risk prevention.
- The conditions for the application of the regulation are met.
- It is possible to identify which measures are relevant to each.
A request for renewal must be sent to the prefect by the beneficiary not later than 6 months before the date of expiry of that authorization.
The application must contain:
- The analyzes, measurements and checks carried out
- The effects observed on the environment and the incidents that occurred
- The amendments envisaged in the light of this information or the difficulties encountered in the application of the authorization
The extension and renewal of an environmental authorization shall be subject to the issue of a new authorization:
- If they include a substantial change of the authorized project
- In the case of a substantial change in the circumstances under which the original authorization was granted (e.g. a change in the rules)
This request is subject to the same formalities as the initial application for authorization whether it intends to make a substantial change to the authorized IOTA.
A change substantial of an IOTA subject to authorization is an amendment which:
- Either constitutes an extension of IOTA subject to a new environmental assessment
- Meets quantitative thresholds and criteria established by order of the Minister responsible for the Environment
- or is likely to cause significant dangers and disadvantages, in particular for the environment, health or public safety.
The service to contact is:
- Either the Regional Directorate for the Environment, Planning and Housing (DREAL) or DRIEAT in Île-de-France
Who shall I contact
- Either the Water Police Service of the Departmental Directorate of Territories (DDT)
- Or the Water Agency
Who shall I contact
Please note
In the overseas departments and regions (Drom), the Water Agency is replaced by a Water Board.
If the request has not been answered before the expiry date of the authorization, the technical requirements applicable until that date shall continue to apply until the prefect has made his decision.
The cessation of activity of an IOTA for a period of more than 2 years, including if definitive, shall be subject to statement by the operator or, failing that, by the owner, with the prefect within the following month:
- Or the final judgment
- Let's say the shutdown for 2 consecutive years
The declaration of cessation of operation of more than 2 years shall be accompanied by a note explaining the reasons for the cessation and the expected date of resumption of the operation. The prefect may issue protective orders to protect health, public safety or the environment during this period of detention.
When an IOTA is definitively stopped, the operator or, failing that, the owner restores the site to a condition that ensures risk prevention, including for the environment, health and public safety. It shall inform the competent administrative authority of the cessation of the activity and of the measures taken.
Specific provisions shall apply to licensed hydraulic companies.
FYI
Following cessation of activity, the operator shall to monitor:
- IOTA
- The flow of water
- The conservation of the polluting substances in his custody or in the accumulation of which he contributed and which are likely to be carried by water
- The disposal of pollutants in his custody or in the accumulation of which he contributed and which are likely to be carried by water
The service to contact is:
- Either the Regional Directorate for the Environment, Planning and Housing (DREAL) or DRIEAT in Île-de-France
Who shall I contact
- Either the Water Police Service of the Departmental Directorate of Territories (DDT)
- Or the Water Agency
Who shall I contact
Please note
In the overseas departments and regions (Drom), the Water Agency is replaced by a Water Board.
Where an IOTA is permanently discontinued, the operator or, failing that, the owner restores the site to a state where no harm can be done the objective of balanced management of the water resource, health or public safety.
It shall inform the prefecture of the cessation of the activity and of the measures taken.
The service to contact is:
- Either the Regional Directorate for the Environment, Planning and Housing (DREAL) or DRIEAT in Île-de-France
Who shall I contact
- Either the Water Police Service of the Departmental Directorate of Territories (DDT)
- Or the Water Agency
Who shall I contact
Please note
In the overseas departments and regions (Drom), the Water Agency is replaced by a Water Board.
Judicial police officers and officers and environmental inspectors are powers to investigate and establish infringements of the IOTA rules.
This is also the case for many other agents of the state, such as coast guards and agents of the stateNFB: titleContent.
Please note
As regards IOTAs, theOFB: titleContent is in charge of judicial police and the DDT: titleContent in charge of administrative policy water.
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.
Other
Certain activities, installations, works and works (IOTA) are subject to authorization and are neither classified installations for the protection of the environment (ICPE) nor installations, works, works and activities (IOTA).
Apart from ICPE and IOTA, activities, installations, works and works (AIOT) subject to authorization are:
- Research and operational work mine substances, geothermal deposits and quarries contained in the seabed in the public domain, subject to authorization
- Projects subject to environmental assessment to be reported, where the authorization is issued by the prefect
- Projects subject to environmental assessment not covered by any special authorization or declaration scheme. They must then be authorized by the prefect
Environmental authorization includes equipment, facilities and activities included in the project of the holder of the IOTA project meeting one of the following criteria:
- Necessary for this IOTA
- The proximity of which is such as to significantly modify the dangers or disadvantages of the IOTA
Environmental authorizations shall take the place of authorizations, registrations, declarations, absence of objections, approvals and approvals following:
- No objection to IOTA declaration
- Order of requirements for declared IOTA
- Authorization for the emission of greenhouse gases
- Special authorization under natural reserves when it is issued by the State and except in cases where one of the permits or decisions takes the place of such authorization
- Special authorization under classified sites or pending classification except in cases where one of the permits or decisions takes the place of such authorization
- Derogation from prohibitions for the conservation of sites of geological interest, natural habitats, non-domestic animal or plant species and their habitats
- Absence of opposition under the impact assessment regime Natura 2000
- Receipt of a declaration or registration of PCIs subject to these regimes, except for statements that the petitioner indicates he wishes to make separately from the environmental authorization procedure
- Decree of requirements applicable to notifiable persons or registration
- Authorization or declaration for the use of genetically modified organisms (GMOs), excluding those required for the use of GMOs subject to national defense confidentiality rules
- Approval for waste treatment
- Authorization to operate a power generating plant
- Authorization for clearing
- Authorizations necessary for the establishment of wind-powered electricity production facilities in the vicinity of:
- Coastal defense or maritime security works
- Depots of ammunition and explosives
- Other defense installations
- Authorizations necessary for the establishment of wind-powered electricity production facilities required in radio emission and reception protection service areas
- Permits required for the establishment of wind-powered electricity generation facilities near historic monuments, notable heritage sites or aerodromes
- Authorizations for road and rail-linked land transport infrastructure projects carried out on behalf of States foreigners or international organizations, the State, its public institutions and concessionaires in the vicinity of historic monuments or remarkable heritage sites
- Reasoned derogation from compliance with the objectives of the master plans for water management and planning
- Authorization to Affect Tree Aisles and Alignments
- Document or definition of requirements for mining work subject of a declaration
- Single authorization required for the establishment of the related connecting works to the public electricity networks on the continental shelf and the exclusive economic zone
- Approval required for the establishment of submarine cables and submarine pipelines on the continental shelf
- No opposition to the declaration or single authorization for the destruction of hedges
- Order approving the concession agreement for the use of the public maritime domain outside the administrative limits of ports, where it is necessary for the establishment of:
- Offshore renewable energy production facilities
- Connecting structures to the public electricity networks
- Interconnection works with the electricity networks of the neighboring States
Environmental Assessment Prior to Application for Authorization
The project can be subject to environmental assessment.
Where such an environmental assessment is mandatory, it must be carried out prior to the application for authorization.
FYI
One environmental assessment fact sheet details the projects concerned and the course of the evaluation.
Preparation of the file
The applicant for the environmental authorization may learn more about the online service and on the preparation of the dossier environmental permit application through the guide to building the paperless folder.
The template files referred to in this guide are available here:
- Warrant of deposit (where a design office makes the request on behalf of the future operator)
- Parcels (for terrestrial projects, if the list of parcels is filed via a file instead of the online table)
- Geographical references (for maritime or river projects, if information is provided via a file instead of the online table)
- ERC Metrics File for the metropolis and its notice
The holder of the IOTA project subject to environmental authorization shall provide a file containing :
- When he is a natural person, surname, first name, date of birth and address
- If it is a legal person, name or trade name, legal form, Siret number, address of registered office and capacity of signatory of the application
- The place where the project is to be carried out
- A situational plan of the project on a scale of 1/25 000, or, failing that, 1/50 000, indicating its location
- A document certifying that the applicant is the owner of the land or that he has the right to carry out his project or that a procedure is in progress giving him this right
- A description of:
- the nature and volume of the activity, installation, structure or work envisaged,
- Its implementing and operational rules
- The methods used (means of monitoring and surveillance, means of intervention in the event of an incident or an accident)
- An indication, as appropriate, of the heading(s) of the nomenclatures or of the item(s) to which the project relates.
- Conditions for site reclamation after operation
- If the project is concerned, the nature, origin and volume of water used or affected
- Where the project is concerned, measures to ensure the efficient, economical and sustainable use of water resources, in particular by developing the reuse of treated waste water and the use of rainwater as an alternative to drinking water
- Either the environmental assessment impact assessment or an environmental impact assessment where the project is not subject to an environmental assessment
- If the project is not subject to an environmental assessment following a case-by-case review, the appropriate decision. It may be accompanied by an indication of any changes in the characteristics and measures of the project on which the decision not to submit the project for assessment was based
- Graphical elements, plans or maps useful for understanding the parts of the file
- A non-technical briefing note.
The holder of the IOTA project may include in the application file a summary of the measures envisaged, in the form of proposals for requirements capable of ensuring compliance with the various obligations to which the project is subject.
For research projects and projects for the exploitation of mining substances, geothermal deposits and quarry substances contained in the seabed, additional documents listed on Legifrance are required.
L'environmental impact assessment shall:
- Describe the current state of the site on which the project is to be carried out and its environment
- Determine the direct and indirect, temporary and permanent impacts of the project on general interests, including health, public safety and the environment, taking into account its characteristics and the sensitivity of its environment
- State the measures envisaged to avoid and reduce the significant adverse effects of the project on the environment and health, to compensate them if they cannot be avoided or reduced and, if they cannot be compensated, the reasons for this impossibility
- Propose follow-up measures
- Indicate the conditions for refurbishing the site after operation
- Include a non-technical summary
- Where relevant, include information on how the project impacts the water resource, aquatic environment, water flow, water level and quality, including runoff, taking into account seasonal and climatic variations. The study details the reasons why the project was selected as an alternative in light of these challenges.
- Where relevant, justify the compatibility of the project with the master plan or the water management and development plan and with the provisions of the flood risk management plan
- Where relevant, justify its contribution to the achievement of the objectives of sustainable management of the water resource and the objectives of water quality.
The IOTA project holder may consider to carry out its project in several stages, simultaneously or successively. It can then solicit separate environmental authorizations for each of the slices that require them. This is possible under the following 2 conditions:
- The proposed subdivision does not exempt the project from the environmental authorization
- The tranches shall be consistent with environmental issues
The environmental authorizations issued in this context are supplemented in order to take into account the cumulative environmental impacts at project level.
The environmental authorization application file must be completed by the documents, documents and information specific to the AIOT for which the request is made. These items are listed in the environmental code (Articles D181-15-1 to D181-15-12).
The application for an environmental authorization must be submitted front commissioning of the installation and start of all associated necessary works.
It is strongly recommended to get closer to the inspection of classified installations to be accompanied upstream of the approach.
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Metropolitan France (including Corsica)
Agricultural or agri-food sector PCI
The service to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Protection of the Population (DDETSPP)
Other PCIs
Île-de-France
The contact point is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to contact is the Regional Directorate for Environment, Planning and Housing (DREAL).
Guadeloupe
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Martinique
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Reunion
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Mayotte
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Guiana
The service to be contacted is the Directorate General for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
The service to contact is:
- Either the Regional Directorate for the Environment, Planning and Housing (DREAL) or DRIEAT in Île-de-France
Who shall I contact
- Either the Water Police Service of the Departmental Directorate of Territories (DDT)
- Or the Water Agency
Who shall I contact
Please note
In the overseas departments and regions (Drom), the Water Agency is replaced by a Water Board.
Please note
If the project is a facility subject to PCI authorization and it includes or is also an IOTA subject to PIC authorization, the environmental authorization process must be carried out once only.
Whether the project includes one or more PCI subject to registration or reporting and/or one or more IOTAs (including those subject to authorization), a single application for an environmental authorization must be made.
The request can be made via an online service or by filing or sending the file. It is recommended to focus on the online process.
Online
It is strongly recommended to submit the paperless environmental permit application dossier via an online service.
Applying for an environmental authorization - online procedure
This online service offers the project owner subject to authorization from the simplifications and time savings throughout the investigation procedure, including:
- The acknowledgement of receipt shall be automatically issued if all mandatory documents are submitted.
- There is no longer a request for a wicket appointment for the completeness exam.
- The complete updated file is automatically submitted to environment-projects.gouv.fr.
- The applicant shall be automatically informed of the progress of the processing of his application.
The full benefits of the dematerialized process are detailed in a booklet.
On-site or by mail
Although it is strongly recommended to use the online service, the request can be submitted in 4 hard copies and in electronic format.
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.
Application for environmental authorization (cerfa n°15964)
The form must be deposited or sent to the dedicated office of the service concerned.
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Metropolitan France (including Corsica)
Agricultural or agri-food sector PCI
The service to be contacted is the Departmental Directorate for Employment, Labor, Solidarity and Protection of the Population (DDETSPP)
Other PCIs
Île-de-France
The contact point is the Regional and Interdepartmental Directorate for the Environment, Planning and Transport (DRIEAT):
Other regions
The service to contact is the Regional Directorate for Environment, Planning and Housing (DREAL).
Guadeloupe
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Martinique
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Reunion
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Mayotte
Agricultural or agri-food sector PCI
The contact point is the Directorate for Food, Agriculture and Forestry (DAAF):
Other PCIs
The department to contact is the Directorate for the Environment, Planning and Housing (DEAL):
Guiana
The service to be contacted is the Directorate General for Territories and the Sea (DGTM) of Guyana.
Who shall I contact
The service to contact is:
- Either the Regional Directorate for the Environment, Planning and Housing (DREAL) or DRIEAT in Île-de-France
Who shall I contact
- Either the Water Police Service of the Departmental Directorate of Territories (DDT)
- Or the Water Agency
Who shall I contact
Please note
In the overseas departments and regions (Drom), the Water Agency is replaced by a Water Board.
Please note
Upon receipt of the request for authorization, the prefect shall issue a proof of deposit.
This does not prejudge the completeness and regularity of the file and does not constitute the start of the examination and consultation phase, which starts only when the file is considered complete and regular.
Course of the appraisal
As soon as the application for authorization is submitted, the applicant must receive a proof of deposit the file, issued by the prefect. If the file does not contain sufficient information for examination and consultation, the Prefect shall invite the applicant to complete or regularize it within a reasonable period of time to be fixed by him.
Where it has been considered complete and regular, the examination of the application for environmental authorization shall take place in 2 phases :
- Public Review and Consultation Phase
- Decision phase.
As soon as the file is complete and regular, the prefect informs the petitioner of the opening of the examination and consultation phase.
1. Public review and consultation phase
Steps
This phase includes the appraisal of the file by the State services, mandatory consultations with the various competent bodies and authorities, consultations with municipal councils and other local authorities concerned and public participation.
Examination
The review of the file is ongoing several months, as it is transferred to many authorities and bodies (municipal councils, regional health agencies, etc.) which give an opinion on the project.
These opinions are given to the prefect within 45 days.
Rejection of the application
The application for environmental authorization may be rejected at the public review and consultation stage, in particular where:
- The opinion of one of the authorities or one of the bodies consulted by the Prefect is unfavorable (e.g. if concerned, the opinion of the Minister of the Armed Forces or the Minister responsible for the sites, etc.).
- Authorization may not be granted under sufficient conditions to prevent risks, in particular to the environment, health and public safety.
- The project is clearly incompatible with the local town plan (PLU), the water management and planning scheme or the master plan for water management and planning.
- Completion of the project was companies before the completion of the application.
This rejection is then notified to the project owner in the form of a prefectural decree.
This decision concludes the review and consultation phase. It shall be transmitted without delay by the prefect to the president of the administrative tribunal and to the investigating commissioner or to the president of the commission of inquiry.
Public consultation
Conducted at the same time as the review of the file by the services and the mandatory consultations, the public consultation is referred to as ‘ parallelized ”.
Environmental authorization projects are: systematically subject to public consultation may take the form of a public inquiry conducted by a Commissioner of Inquiry (or Board of Inquiry) appointed by the Administrative Tribunal. She's organized by the prefect, at the latest 15 days after receipt of the opinions of the authorities and bodies consulted.
Consultation with the public lasts 3 months. This period may not be suspended or extended.
A consultation file shall be compiled and made available to the public. It contains in particular the impact assessment of the project (or the impact assessment, if applicable), its non-technical summary, and the opinions obtained by the prefect from various authorities and bodies during the examination of the dossier.
Public opinions shall be made public by the administration on a website. The applicant may reply.
The obligations of the project owner are:
- Within the first 15 days of the consultation, the project holder subject to environmental authorization must organize with the Commission of Inquiry a public opening meeting.
- Within the last 15 days of the consultation, the project holder subject to environmental authorization must organize with the Commission of Inquiry a public closing meeting.
The project owner is encouraged to participate.
The following information shall be made public throughout the consultation by the investigating commissioner on the website of the prefecture or on the website specifically dedicated to consultation:
- Days, times and places of public opening and closing meetings. The day, time and place of the closing meeting shall be made public at least 7 days before the meeting is held
- Comments and proposals from the public
- Opinion of the authorities and bodies consulted by the Prefect, or mention of the absence of an opinion resulting from the expiry of the time limits
- Any additional information produced by the project owner
- Possible responses by the project owner to these opinions, comments and proposals from the public, including those gathered at the closing meeting.
The consultation website must comply with the requirements listed in a decree available here.
At the end of the period for consultation with the public, the investigating commissioner shall meet with the project owner and communicate the comments and proposals of the public recorded beforehand. The project owner has a deadline of 5 days to comment.
Within a period of 3 weeks as of the end of the consultation, the commission of inquiry must issue a relationship, which includes the following:
- Reminder of project purpose
- List of documents in the consultation file
- Conclusions of the Committee of Inquiry
- Analysis of the proposals gathered during the public consultation
- Comments from the project manager in response to public comments.
That report shall be made public. It is transmitted by the prefect to the applicant.
FYI
The applicant must bear the associated costs public consultation.
2 existing forms of public participation are implemented according to the procedures applicable to the project:
- Electronic Public Participation (EPP), where the application for an environmental authorization relates to a project subject to environmental assessment, which has already been the subject of a public inquiry and a first authorization, including an update of the impact assessment.
- The single public inquiry: where a public inquiry is to be carried out prior to a decision (other than a city planning authorization) necessary for the realization of the project and that inquiry has not yet been carried out (e.g. a declaration of public utility [DUP] or the establishment of a public utility easement [SUP]), and unless the petitioner requests a derogation.
In both cases, the review by the services and the mandatory consultations (entities or bodies whose opinion is required by regulation, local and regional authorities) are conducted at the same time, before the public is consulted in a second stage.
2. Decision-making phase
Rolled Out
One draft prefectural decree the prefect shall notify the applicant of the decision on the application for an environmental authorization, who shall have 15 days to submit any observations in writing. It shall indicate either a refusal to operate the installations or an environmental authorization to operate them.
The decision phase usually lasts from 2-3 months. During this period, the application may be subject to consultation by the members of the departmental advisory body: CODERST (Departmental Council for the Environment and Health and Technological Risks) or CDNPS (Departmental Commission for Nature, Landscapes and Sites - “wind” or “career” training), depending on the project.
The prefect must respond to the request for environmental authorization within 2 months from the day on which the report and the conclusions of the investigating commissioner or the summary of the observations and proposals of the public are sent by the prefect to the applicant.
This period may, however, be extended, in particular by reasoned order of the prefect, within a limit of two months, or for a longer period if the applicant gives his agreement.
That period shall be suspended:
- In the case where the project is clearly incompatible with the local town plan (PLU), until the PLU is amended
- If the prefect requests a third-party expert because the project presents dangers or disadvantages of particular importance, from that request until the production of the expert opinion
- Where the procedure is combined with the procedure for the award of a mining right, until such time as that right is granted
FYI
Following the deadlines indicated, if the prefect has not ruled on the application, it shall be considered rejected.
The environmental authorization decision shall be evidenced by a prefectural environmental authorization order. In particular, it shall be published on the website of the department where it was issued for at least four months.
Requirements associated with authorization
Where the decision is to authorize the project, the prefectural environmental authorization decree lays down the requirements necessary for the prevention of risks and the reduction of 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.
The environmental authorization order mentions measures to ensure the prevention of the dangers or disadvantages of IOTA, including for the environment, health and public safety.
During the implementation of the project, when the project presents dangers or disadvantages of particular importance, the prefect may request a third-party expert. The Commission may carry out an analysis of elements of the file requiring special checks.
This third-party expertise shall be carried out by an external body chosen in agreement with the operator's administration and at the operator's expense.
The environmental authorization shall include measures which also ensure:
- Compliance with the installation's greenhouse gas emission quotas
- The conservation of the ecosystems of protected nature reserves and compliance with the regulations applicable to such reserves, where the environmental authorization is used as a special authorization for a nature reserve created by the State
- The conservation or preservation of listed or classified natural sites or monuments, where the environmental authorization replaces the special authorization for listed and classified sites
- Compliance with the conditions for granting the derogation from the prohibitions laid down for the conservation of sites of geological interest, natural habitats, non-domestic animal or plant species not cultivated and their habitats, where the environmental authorization takes the place of that derogation
- Compliance with the site's conservation objectives Natura 2000, where the environmental authorization takes the place of no objection
- Compliance with the conditions of the contained use of GMOs, where the environmental authorization is used as an authorization or declaration of contained use of genetically modified organisms
- Compliance with the conditions for carrying out the waste management activity, where the authorization is used as an authorization for waste treatment
- Taking into account the operating criteria of a power-generating facility, where the environmental authorization replaces the authorization to operate a power-generating facility
- The preservation of the general interests related to the use of timber and forests, where the environmental authorization acts as a clearing authorization
- Compliance with the conditions for issuing permits for wind-powered electricity generation installations, where the environmental permit is in lieu of such permits
- The conservation and enhancement of remarkable heritage sites and the approaches to historic monuments, where the environmental authorization is in lieu of such authorizations
- Compliance with the conditions for issuing the permit to affect tree paths and alignments, where the environmental permit takes the place of the permit
- Compliance with environmental objectives, where the environmental authorization takes the place of approval of the concession to use the public maritime domain
FYI
IOTAs subject to authorization which are not PCIs or IOTAs are affected by specific provisions, which depend on the type of project. The operator must ensure that they are known and respected.
The environmental authorization decree sets the duration environmental authorization.
The environmental authorization order shall cease to have effect where the project has not been commissioned or carried out:
- Or within the period laid down in the authorization order
- Either in a three-year period from the day of notification of the authorization
This period shall be suspended in the event of an appeal to the administrative court against the environmental authorization order, its supplementary orders, the building permit or the decision not to oppose prior declaration.
An exception may be granted in the case of force majeure or a justified and accepted request for an extension of time.
The modification of the activities or of the beneficiaries of the authorization is subject to specific regulations. The following cases are subject to special provisions:
- Changes, including changes in activity (volumes, nature, etc.)
- Change of beneficiary: the beneficiary transfers all of his authorization to another person
- Partial transfer of the benefit of the authorization: the beneficiary transfers part of his authorization to another person
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Changes
There are 2 types of changes, depending on how important they are to the project:
- Substantial changes, most important
- Significant changes, the others
Substantial amendments
A change substantial of an AIOT subject to authorization is an amendment which:
- Either constitutes an extension of the IOTA subject to a new environmental assessment
- Meets quantitative thresholds and criteria established by order of the Minister responsible for the Environment
- is likely to cause significant risks and inconveniences, in particular to the environment, health or public safety
In case of doubt, the substantiality of an amendment must be proved by the prefect.
Any substantial modification of the IOTAs that are subject to the environmental authorization shall be subject to the issue of a new authorizationsubject to the same formalities as the original authorization.
This applies regardless of whether the change occurs before the project is completed or during its implementation or operation.
Significant changes
A change notable of an OITO subject to authorization is a change which is not substantial.
In case of doubt, the significance of a modification must be proved by the prefect.
The prefect must be informed of any significant change, and he or she then decides on additional requirements and on the adaptation of the authorization.
Who shall I contact
Additional requirements in connection with the amendment
The Prefect may, on the occasion of this amendment, issue supplementary orders to fix additional requirements necessary for risk prevention associated with the IOTA.
Change of beneficiary
The change of beneficiary of the environmental authorization requires a declaration to the prefecture (via DREAL) or an authorization of this one.
Partial transfer
Where one or more third parties wish to benefit from partial transfer of an environmental authorization, they apply to the prefecture (DREAL) within 2 months of such transfer for IOTs that are not PCIs or IOTAs.
The application shall include:
- In the case of a natural person, the full name and address of the new beneficiary
- In the case of a legal person, his name or business name, legal form, address of registered office and capacity of signatory of the declaration
Proof of the applicant's financial guarantees and suitability shall be sought before the opening of research or mining operations. Specific provisions shall apply to installations for the exploration for or exploitation of liquid or gaseous hydrocarbons and to installations essential for the mine.
The prefect must acknowledge receipt of the request within one or two months, depending on the project.
Who shall I contact
The Prefecture may issue to each applicant and to the original holder a separate environmental authorization where it considers that the following conditions are met:
- The amendment is not substantial.
- The partial transfer may be carried out without prejudice to risk prevention.
- The conditions for the application of the regulation are met.
- It is possible to identify which measures are relevant to each.
The application must be addressed to the Prefect (DREAL) by the beneficiary not later than 6 months before the expiry date of the authorization.
The application must contain:
- The analyzes, measurements and checks carried out
- The effects observed on the environment and the incidents that occurred
- The amendments envisaged in the light of this information or the difficulties encountered in the application of the authorization
The extension and renewal of an environmental authorization shall be subject to the issue of a new authorization:
- If they include a substantial change of the authorized project
- In the case of a substantial change in the circumstances under which the original authorization was granted (e.g. a change in the rules)
Such an application shall be subject to the same formalities as the initial application for authorization if it proposes to make a substantial modification to the authorized activities, installations, works and works.
Who shall I contact
A change substantial of an AIOT subject to authorization is an amendment which:
- Either constitutes an extension of the IOTA subject to a new environmental assessment
- Meets quantitative thresholds and criteria established by order of the Minister responsible for the Environment
- is likely to cause significant risks and inconveniences, in particular to the environment, health or public safety
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.
Administrative sanctions
Criminal sanctions
Legislation applicable to environmental authorization
Legislation applicable to IOTAs
Raw biodiversity data
Legislation applicable to PCI
Provision of financial guarantees (PCI)
Regulations for PCIs
Regulation applicable to environmental authorization
Regulations applicable to IOTAs
Details on raw biodiversity data
Model for a certificate of safety of a PCI in cessation of activity (Article 83)
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Ministry of the Environment
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Local authorities (collectivities-locales.gouv.fr)
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