Installations classified for environmental protection (ICPE) – Declaration regime with periodic control DC: Complete file

2024-01-25 23:00:00

Awareness of pollution linked to industrial activities dates from the beginning of the 19th century.e century. Originally aimed at factories, workshops and establishments spreading an unsanitary and unpleasant odor, the scope of the regulation has had to evolve with the times. The regulation of classified installations as we know it today comes from Law No. 76-663 of July 19, 1976 relating to installations classified for environmental protection (ICPE) and its implementing decree No. 77-1133 of September 21, 1977. It targets installations that may “present dangers or inconveniences either for the convenience of the neighborhood, or for public health, safety, sanitation, or for agriculture, or for the protection of nature, the environment and landscapes, either for the rational use of energy, or for the conservation of sites and monuments as well as elements of archaeological heritage”.

The commissioning of these installations is then conditioned by the implementation of certain administrative procedures, falling under the following two regimes: the authorization regime (A) and the declaration regime (D). However, technological changes and feedback have prompted the evolution of administrative regimes. It is in this context that Law No. 95-101 of February 2, 1995 relating to the strengthening of environmental protection (known as the “Barnier law”) introduced the possibility of subjecting certain classified installations to the declaration regime. to periodic checks. This new obligation, born from the observation that it is impossible, taking into account the resources of the administration, to carry out effective checks on declared installations and that many of them operate in contradiction with the regulations in force, should therefore enable the operator to ensure the regular operation of its installations. Twenty years later, Decree No. 2006-435 of April 13, 2006 sets out the procedures for carrying out periodic inspections by approved organizations: the declaration system with periodic inspection (DC) is put in place. More recently, Decree No. 2011-1460 of November 7, 2011 perfected this system by setting up monitoring of serious non-compliances noted during these controls.

Use :

a table of acronyms, notations and symbols is provided at the end of the article.

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