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Decree 2013-814 of September 11, 2013, amends the ICPE nomenclature. The amendments made, detailed in the remainder of this regulatory focus, concern:
- The registration regime for dry wood or similar combustible material storage classified under heading 1532,
- The classification of explosive product waste treatment,
- Adjustments to heading 2910 regarding combustion,
- Modifications to heading 2111 regarding the breeding and sale of poultry.
For your information, another amendment is expected during the month of October. It is expected to concern:
- the amendment of headings 2560, 2561, 2562, 2564, 2565, 2566, and 2567 regarding metals and surface treatment (notably with threshold changes),
- the creation of heading 2563 regarding cleaning and degreasing using a process not listed under heading 2564 or 2565.
We will return to the amendments of the ICPE nomenclature after their publication.
Regarding the amendment of the ICPE nomenclature in September
A) Amendment of heading 1532 "Dry wood or similar combustible materials, including packaged finished products (storage of), with the exception of establishments open to the public"
The decree creates the registration regime (storage exceeding 20,000 m3 but less than or equal to 50,000 m3) for heading 1532 and clarifies the nature of the installations covered by the heading, firstly by replacing the concept of "deposit" with that of "storage," and secondly by replacing the concept of "dry wood or similar materials" with that of "wood or similar materials not covered by heading 1531," so that wood storage falls under either heading 1531 or heading 1532. Finally, the decree specifies that biomass that can be burned in combustion installations covered by heading 2910-A is to be considered as similar combustible materials.
B) Creation of heading 2793 "Collection, transit, consolidation, sorting, or other treatment of explosive product waste (outside of discovery sites)"
The decree clarifies the classification of waste from explosive products that previously fell under heading 1313 (explosive products - sorting or destruction of materials, objects, munitions, and devices outside of discovery sites) and specific waste headings (2717, 2718, 2770, and 2790).
Heading 2793, concerning facilities for the collection, transit, consolidation, sorting, or other treatment of explosive product waste, has been created. This heading distinguishes between:
1. facilities for the collection of explosive product waste brought in by the initial producer of said waste.
2. facilities for the transit, consolidation, or sorting of explosive product waste.
3. other facilities for the treatment of explosive product waste (employing a process other than those mentioned in 1 and 2).
Heading 1313 is repealed, and headings 2717, 2718, 2770, and 2790 now reference heading 2793 regarding the waste management of explosive products to eliminate classification redundancies.
C) Amendment of heading 2910 "Combustion"
The definition of biomass has been amended (products composed of agricultural or forestry plant matter, with clarification of the waste concerned).
Furthermore, the thermal power to be taken into account is no longer the maximum power but the nominal power of the installation, in line with Directive 2010/75/EU of 24/11/2010 on industrial emissions, known as the IED Directive.
A registration threshold has been created for heading 2910-B concerning installations with a nominal power greater than 0.1 MW but less than 20 MW.
D) Amendment of heading 2111 "Breeding, sale, ... of poultry"
This decree establishes new, more detailed animal-equivalence values and increases the relative weight of heavy chicken, heavy turkey, and force-fed waterfowl farms. Furthermore, the decree introduces a reference to heading 3660 (Intensive poultry or pig farming), which subjects all poultry farms with more than 40,000 places to authorization.
This amendment of September 11, 2013, comes into effect on September 14, 2013.