Details of the latest change to the ICPE nomenclature

A 2015 decree and a corrigendum amended the ICPE nomenclature, deleting 3 headings and modifying 13 others, including those for livestock farming, waste storage, and gases.

Marie Faucon
Consultante HSE
Publication : 
11.09.2015
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

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Decree No. 2015-1200 of September 29, 2015, and the corrigendum of October 10, 2015, introduce the following changes to the nomenclature for ICPE (classified installations):

  • three headings are deleted
  • thirteen headings are modified

Here are the details of the changes to the ICPE nomenclature...

The three headings deleted from the nomenclature are:

  • 187 (glass silvering workshop),
  • 1521 (treatment or use of tar, asphalt, pitch, and bituminous materials),
  • 2320 (throwing workshop)

The thirteen modified headings are:

  • Heading 1414 (filling or distribution of liquefied flammable gases): for sub-heading 1414-4, tank-to-tank loading or unloading facilities, it is specified that those operated solely for tank maintenance purposes are now excluded from this sub-heading.
  • Heading 1434 (filling or distribution of flammable liquids, combustible liquids, heavy fuel oils, crude oils): the scope is modified to state that this heading does not only concern flammable liquids; it also covers combustible liquids with a flash point between 60°C and 93°C, heavy fuel oils, and crude oils.
  • Heading 1435 (service stations): it is specified that the fuels concerned are liquid fuels.
  • Heading 2111 (breeding and sale of poultry and game birds): the registration regime is created for poultry and/or game bird farms with more than 30,000 places, where one animal equals one place. Installations classified under heading 3660 (applicable from 40,000 places) remain subject to Authorization. The animal-equivalent criterion is maintained for installations subject to declaration (D or DC) under sub-heading 2111-3. The introduction of the registration regime will come into effect on the day the order setting general requirements is published.
  • Heading 2731 (storage or transit of animal by-products): the scope is expanded. In addition to "storage," the heading now also covers the transit of animal by-products and is divided into two sub-headings. Activities involving the storage or transit of animal by-products in sealed, covered containers without handling the by-products fall under the registration regime (where the quantities likely to be present in the facility are between 500 kg and 30 tonnes). Other facilities covered by this heading are subject to authorization if the quantity likely to be present exceeds 500 kg. Furthermore, to reflect recent regulatory developments, the following exclusions are specified: storage covered by headings 2171 and 2355, biowaste storage, and storage annexed to and directly linked to facilities with activities classified under 2350, 2740, 2780, 2781, 3532, 3630, 3641, 3642, 3643, and 3660 are excluded from classification under this heading.
  • Heading 2792 (facility for the transit, sorting, or consolidation of waste containing PCBs/ PCT at a concentration greater than 50 ppm): a correction has been made to clarify that the authorization classification also applies to transit, sorting, and consolidation facilities for waste containing PCB/PCT where the quantity of fluid containing PCB/PCT is equal to 2 tonnes.
  • Heading 2793 (collection, transit, consolidation, sorting, or other treatment facilities for explosive product waste): for facilities collecting explosive product waste brought in by the initial waste producer, the authorization regime now applies as soon as the total equivalent quantity of active material is equal to 100 kg. The same applies to transit, consolidation, or sorting facilities for explosive product waste.
  • Heading 4110 (acute toxicity category 1 for at least one exposure route, excluding uranium and its compounds): a correction has been made to add the mentions a) and b) in sub-heading 4110-3.
  • Heading 4310 (flammable gases category 1 and 2): the concept of underground cavities is clarified: it refers to natural strata, aquifers, salt caverns, and disused mines.
  • Heading 4718 (liquefied flammable gases of category 1 and 2 and natural gas): the heading description now specifically includes natural gas. The concept of underground cavities is clarified: it refers to natural strata, aquifers, salt caverns, and disused mines.
  • Heading 4733 (specific carcinogens): corrections have been made to the heading description. The words "2 naphthylamine" are replaced by "2-naphthylamine" and "propanesulfone" by "propanesultone".
  • Heading 4734 (specific petroleum products and substitute fuels): double-walled storage with leak detection systems has been removed from sub-heading 4734-1. Underground cavities and buried storage are now the only ones covered. The thresholds remain unchanged.
  • Heading 4802 (fluorinated greenhouse gases): the heading description has been rewritten to reflect the publication of the F-Gas Regulation (Regulation No. 517/2014), which repealed Regulation (EC) No. 842/2006, without any substantive changes.

In addition to these changes to the nomenclature of ICPE (classified installations), the approval procedure for bodies performing periodic inspections of certain installations subject to declaration has been simplified. The approval order will no longer list the headings but rather the scope for which the periodic inspection body is competent. Thus, in the event of changes to the headings, the body will not need to undertake any administrative procedures.

All changes to the nomenclature came into effect in October 2015.

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