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Decree 2013-814 of September 11, 2013 amends the ICPE nomenclature. The changes made, detailed in the rest of this regulatory focus, concern:
- Registration of dry wood or similar combustible materials classified under heading 1532,
- Classification of explosive waste treatment,
- Adjustments to heading 2910 relating to combustion,
- Changes to heading 2111 relating to the breeding and sale of poultry.
For your information, another modification is expected in October. It should concern :
- modification of headings 2560, 2561, 2562, 2564, 2565, 2566 and 2567 relating to metals and surface treatment (including changes to thresholds),
- the creation of heading 2563 relating to cleaning-degreasing using a process not listed under headings 2564 or 2565.
We'll come back to the changes to the ICPE nomenclature once they've been published.
Concerning the modification of the ICPE nomenclature in September
A) Modification of heading 1532 "Dry wood or similar combustible materials, including packaged finished products (storage of), except in establishments open to the public".
The decree creates a registration regime (storage of more than 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 notion of "depot" by that of "storage", and secondly by replacing the notion of "dry wood or similar materials" by that of "wood or similar materials not covered by heading 1531", so that wood storage comes under either heading 1531 or 1532. Lastly, the decree specifies that biomass that can be burned in combustion plants falling under heading 2910-A is to be considered as similar combustible materials.
B) Creation of heading 2793 "Collection, transit, grouping, sorting or other treatment of waste explosive products (off-site)".
The decree clarifies the classification of explosive product waste, which came under heading 1313 (explosive products - sorting or destruction of materials, objects, ammunition and devices away from the place where they were found) and specific waste headings (2717, 2718, 2770 and 2790).
The 2793 heading relating to facilities for the collection, transit, grouping, sorting or other treatment of waste explosive products has been created. This heading distinguishes between :
1. collection facilities for explosive waste brought in by the original producer of the waste.
2. facilities for the transit, grouping or sorting of waste explosive products.
3. other explosive waste treatment facilities (using processes other than those mentioned in 1 and 2).
Heading 1313 is repealed, and headings 2717, 2718, 2770 and 2790 refer to heading 2793 on the management of explosive product waste, in order to eliminate classification redundancies.
C) Modification of heading 2910 "Combustion
The definition of biomass has been modified (products made from agricultural or forestry plant matter, and details 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 plant, 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 the 2910-B heading, concerning plants with a rated output of more than 0.1MW but less than 20MW.
D) Modification of heading 2111 "Poultry breeding, sale, ...".
This decree sets new, more detailed animal equivalent values, and increases the relative weight of heavy chicken, heavy turkey and fattened palmiped gavage farms. In addition, the decree introduces a reference to heading 3660 (Intensive poultry or pig farming), which requires authorization for all poultry farms with more than 40,000 sites.
This amendment of September 11, 2013 takes effect on September 14, 2013.