The single environmental authorization, a new development for ICPE and IOTA - Part 1/2

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Since 2014, the government has been modernizing environmental law and launching simplification initiatives. As a result, pilot programs for a single environmental authorization were conducted for ICPE and IOTA facilities. Following these trials, the government decided to roll out this single environmental authorization nationwide.

This new reform aims to unify administrative authorization procedures for a single project. Key benefits include reduced processing times (9 to 12 months, down from 12 to 15) and fewer points of contact for the project developer.

The essentials of this new authorization are covered in this article, including the projects affected, the procedures now included, and a visual summary of the process steps.

Details regarding the project certificate, the authorization application, its processing, and its implementation are available in the article Part 2/2.

Entry into force

Ordinance No. 2017-80 of January 26 and Decrees No. 2017-81 and No. 2017-82 of January 26, 2017, incorporated this framework into the Environmental Code under articles L. 181-1 to L. 181-31 and R. 181-1 to R. 181-56.

The environmental authorization came into effect on March 1^st , 2017. However, any authorization application submitted before March 1^st , 2017, continues to be processed under the previous procedures. Until June 30, 2017, you may choose to submit applications in accordance with the old legislation or apply for the new environmental authorization.

Projects subject to environmental authorization

This environmental authorization applies to Classified Installations for Environmental Protection (ICPE) subject to the authorization regime, as well as to Installations, Structures, Works, and Activities subject to the Water Act (IOTA) under the authorization regime.

ICPE and IOTA authorization procedures are therefore being phased out. However, declaration and registration procedures remain in effect.

Reminder: Installations, structures, works, or activities that involve withdrawing surface or groundwater, modifying water levels or flow patterns, or discharging direct or indirect, chronic or episodic, even non-polluting, substances into water are subject to authorization or declaration based on the volumes withdrawn under the IOTA nomenclature (modeled after the ICPE nomenclature).

Procedures included in the environmental authorization

1. Procedures now included

The environmental authorization incorporates several procedures for which applications previously had to be made separately from IOTA or ICPE authorization requests. As a result, project developers will now only need to submit a single application if their ICPE or IOTA project subject to authorization involves these procedures:

• • • non-opposition regarding Natura 2000 sites;
    • approval or declaration for the use of genetically modified organisms (GMOs);
    • approval for waste treatment;
    • authorization to operate an electricity production facility;
    • land clearing authorization;
    • for onshore wind turbines, authorizations regarding air navigation obstacles, military easements, and the surroundings of historical monuments and remarkable heritage sites;
    • authorization for the emission of greenhouse gases for installations subject to CO2 quotas;
    • registration and declaration under legislation applicable to ICPEs and IOTAs;
    • special authorization for national nature reserves and nature reserves classified in Corsica by the State;
    • special authorization for classified sites or sites pending classification;
    • derogation from wildlife and flora protection measures.

2. The steps of this procedure

The following flowchart (source: Ministry of Environment, Energy and the Sea) outlines the various steps of this procedure:

- https://www.ecologie.gouv.fr/

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