Overview
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ABSTRACT
After having identified the key players in charge of the ICPEs (classified installations for the protection of the environment) control, this article distinguishes between the various controls and defines the rights and duties of the controller and the controlled. It shows that regulatory compliance is ensured via the control of the administrative authority, which can visit the ICPE at any time, or via accredited bodies for periodic inspections. The possible consequences of such control are also dealt with, together with other types of control (law on water, health and safety at the workplace) and their articulation with the ICPEs control.
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Read the articleAUTHOR
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Olivier NICOLAS: Lawyer specialized in environment, risks and energy
INTRODUCTION
The purpose of legislation governing classified installations is not only to regulate the commissioning and operation of activities subject to the nomenclature of classified installations, but also to control them by the administrative authorities.
The inspection of a classified facility enables the administrative authority to determine whether or not the inspected facility complies with the regulatory requirements and technical specifications laid down by decree. Inspections are carried out by the Classified Installations Inspectorate, or, in the case of low-risk facilities, may be entrusted to organizations specifically authorized to carry out inspections within a perimeter pre-established by the authorities.
In the event of non-compliance by the operator, the administrative authority can issue a formal notice, issue a statement of offence and impose a range of administrative and penal sanctions to ensure proper operation. It can inspect the classified facility at any time, even if the operator himself monitors and declares his pollutant emissions and waste. All operating events are taken into account: incidents and accidents, changes in activity, changes of operator, neighborhood complaints, aging equipment, changes in town planning and the environment. Anticipating, monitoring, preventing and correcting are the watchwords of a responsible operator, for whom the control of his facilities punctuates operations and ensures the integration of the facility into its environment.
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KEYWORDS
inspection | operational requirements | permit system | declaration system | environment | industry
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Installations classées pour la protection de l'environnement (ICPE): control
Bibliography
Websites
Public service for the dissemination of law. Official Journal news. Access to codes. Documentation service of the General Secretariat of the Government
Classified Installations Inspectorate website
Regulations
Environment Code (legislative and regulatory parts).
Code de l'urbanisme (legislative and regulatory parts).
Customs Code (article 266 sexies et seq. on TGAP).
Ministerial orders on technical requirements for classified installations :
subject to authorization
subject...
Standards and norms
- Conformity assessment – Requirements for the operation of different types of inspection bodies. - NF EN ISO CEI 17020 - 2012
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