Single environmental authorization, part one

Since 2014, the government has been modernizing environmental law and establishing simplification projects. Thus, experiments with a single environmental authorization have been conducted for ICPE and IOTA. Following these experiments, the government has decided to generalize this single environmental authorization.

The aim of this new reform is to unify administrative authorization procedures for the same project. The positive effects include a reduction in instruction times (9 to 12 months compared with 12 to 15 months previously) and in the number of contacts for project developers.

In this article, you'll find the main points of this new authorization: the projects concerned, the procedures now included, and a visual summary of the steps involved.

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

Entry into force

Order no. 2017-80 of January 26 and decrees no. 2017-81 and no. 2017-82 of January 26, 2017 enshrine this mechanism in the Environmental Code in articles L. 181-1 to L. 181-31 and R. 181-1 to R. 181-56.

Environmental authorization came into force on March^1, 2017. However, an authorization application filed before March^1, 2017 continues to be investigated according to the old procedures. Until June 30, 2017, you can choose to submit applications in line with the old legislation or an environmental authorization application.

Projects subject to environmental authorization

This environmental authorization applies to Installations Classées pour la Protection de l'Environnement (ICPE) subject to authorization, and to Installations, Ouvrages, Travaux et Activités soumis à la loi sur l'eau (IOTA) subject to authorization.

The ICPE and IOTA authorization procedures will therefore disappear. However, the declaration and registration procedures remain applicable.

Reminder: Installations, Structures, Works or Activities involving either the abstraction of water from surface or groundwater, or a change in the level or flow of water, or direct or indirect, chronic or episodic discharges, even non-polluting, into water are subject to authorization or declaration, depending on the volumes abstracted, under the IOTA nomenclature (modelled on the ICPE nomenclature).

Procedures included in the environmental authorization

1. Procedures now included

Environmentalauthorizations integrate several procedures that previously had to be applied for separately from IOTA or ICPE authorizations. As a result, project developers will now only have to submit a single application if the ICPE or IOTA project subject to authorization is concerned by these procedures:

- - the absence of objections concerning Natura 2000 sites;
  - approval or declaration for the use of genetically modified organisms (GMOs);
  - approval for waste treatment ;
  - authorization to operate an electricity-generating facility;
  - clearing authorization ;
  - for onshore wind turbines, authorizations for obstacles to air navigation, military easements and approaches to historic monuments and remarkable heritage sites;
  - authorization toemit greenhouse gases for installations subject to CO2 quotas;
  - registration and declaration under ICPE and IOTA legislation;
  - special authorization for national nature reserves and nature reserves classified in Corsica by the State;
  - special authorization for classified or pending-classification sites;
  - exemptions from measures to protect wild fauna and flora.

2. Steps in the procedure

The following flow chart (source: Ministère de l'environnement, de l'énergie et de la mer) shows the various stages in this procedure:

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

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