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Under article L.512-11 of the French Environment Code, certain facilities classified under the declaration regime are subject to periodic ICPE inspection by an approved body. These facilities are listed in the ICPE nomenclature under the "Déclaration avec contrôle" (DC) regime. An initial analysis of these inspections was provided in a previous article: Classified installations: what inspections, what penalties?
What is an ICPE periodic inspection?
The aim of the ICPE periodic inspection is to enable the operator to determine his level of compliance with the general regulations applicable throughout the operation of his facility, and to alert the classified installations department in the event of any significant deviation.
For each heading concerned, the ministerial order of general prescriptions defines the requirements to be controlled and the elements expected to meet these requirements. It also distinguishes between two categories of non-conformity: "major" non-conformities (NCM) and other non-conformities.
The operator is then free to choose the inspection body from among those approved for the category or categories he operates. The inspection costs are borne by the operator. The inspection report is not sent to the authorities. However, the inspection body must inform the authorities if the operator fails to comply with the inspection procedure deadlines.
Who should carry out the inspection? What are the deadlines?
It is compulsory for all installations classified under the "Declaration with control" regime (DC in the nomenclature), provided that the ministerial order of general prescriptions includes the list and purpose of the control points.
However, the following installations are exempt:
- Installations included in a facility where one of the installations is subject to authorization or registration. In this case, they will be inspected by the authorities;
- Installations registered under EEC regulation no. 761/2001 (known as the EMAS regulation).
The deadlines for this inspection are as follows:
The frequency of ICPE periodic inspections is 5 years. However, this frequency is increased to 10 years for facilities with an ISO 14001-certified management system.
In the event of a change of operator, the new operator must submit a declaration of change of operator within one month of taking over the operation. This must be accompanied by proof that the last ICPE periodic inspection has been carried out. (article R. 512-68 of the French Environment Code). He is then responsible for carrying out the next periodic inspection.
Control procedure
It is up to the operator to contact an approved body and submit a request for periodic inspection, indicating the nomenclature heading(s) concerned.
The flow chart below shows the various stages of the procedure:
Although non-"major" non-conformities are not associated with a resolution objective in the context of an ICPE periodic inspection, they are nonetheless considered to be regulatory deviations, and must therefore be resolved as quickly as possible.
A list of inspection bodies specifying the categories for which they are approved is available here: https: //aida.ineris.fr/node/164