Far-reaching changes to the ICPE nomenclature

The classification of Installations Classées pour la Protection de l'Environnement (ICPE) has changed to bring it into line with the CLP and Seveso 3 regulations.

Marie Faucon
EHS Consultant
Update : 
12.09.2025
Publication: 
06.11.2015
Contents
Example H2
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This amendment brings the ICPE nomenclature into line with the CLP Regulation (Regulation no. 1272/2008 of December 16, 2008 on classification, labeling and packaging of substances and mixtures) and the SEVESO 3 Directive.

A few explanations on the evolution of ICPEs

The 1000 headings that have been removed were based on the old classification of hazardous chemicals, while the 4000 headings correspond to the hazard properties determined by the CLP regulation.

In addition, classification under the 4000 headings is based on the "quantity likely to be present in the facility", without distinction between manufacturing, use or storage activities. This quantity is to be assessed by adding together raw materials, work-in-progress (reactors, mixers, etc.), finished products and waste (now expressly included), whatever the form of use or storage.

Not all 1000 headings have been abolished; 19 are still in force. These headings concern :

  • Hazardous materials not covered by the CLP Regulation or the Seveso Directive (e.g.: 15xx headings for combustible solids, 17xx headings for radioactive substances).
  • specific activities involving hazardous products (e.g., item 1435 on service stations, item 1511 on cold stores)

Among the 19 1000 headings, 2 are new and come into force on June1, 2015:

  • Category 1421: Filling installations for flammable aerosols
  • Heading 1436: Storage or use of combustible liquids with a flash point* between 60°C and 93°C

* Flash point: Temperature at which a product emits sufficient vapors to ignite.

Architecture of headings 4000 of the ICPE nomenclature

Headings 4000 are structured as follows:

Headings Definition & Cumulation rule 4000 Definition and classification of hazardous substances and mixtures4001 Seveso establishment by cumulation Classification headings according to generic hazardous properties 41xx Toxic 42xx Explosive 43xx Flammable (gases, aerosols, liquids) 44xx Self-reactive substancesOrganic peroxidesPyrophoric solids and liquidsOxidizing solids, liquids and gases 45xx Environmentally hazardous 46xx Other Seveso hazards (Reaction with water) Classification headings for named substances 47xx Named substances 4801 Coal, coke, lignite, charcoal, tar... 4802 Fluorinated greenhouse gases or ozone-depleting substances

Grading methodology

Now that the categories have changed, you need to determine your company's new ICPE classification. To do this, we recommend you follow the steps below:

  • Draw up an inventory of the hazardous substances and mixtures used/stored on your site(s), indicating the maximum quantities likely to be present and the hazard properties under the CLP regulation.
  • Identify the 4000 headings corresponding to the hazardous substances and mixtures under consideration
  • Determine the ICPE classification for each 4000 heading (Unclassified, Declaration, Registration, Authorization, ... SEVESO)

Prior rights

Under the "grandfathering" rule (Article L. 513-1 & R. 513-1 to 2 of the French Environment Code), establishments subject to a change of ICPE regime following a change in the nomenclature may continue to operate the existing facilities concerned without having to complete the corresponding administrative procedures (Declaration, Registration or Authorization), provided they inform the Prefect of the situation within one year. This grandfathering right now also applies in the event of a change in the ICPE regime resulting from a change in the hazard classification of products used or stored on site. In this case, the one-year period runs from the date of entry into force of the change in product classification, rather than from the date of publication of the decree amending the nomenclature.

As the changes to the ICPE regime that may result from the application of 4000 headings are linked to the entry into force of the new CLP classification of products on June1, 2015, operators have until June1, 2016 to inform the prefect of their new ICPE classification and assert their prior rights.

Conclusion

This new overhaul of the ICPE nomenclature, with its many administrative and regulatory implications, illustrates the importance for companies of having an up-to-date inventory of their classified facilities in line with the headings in force.

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