Amendments to the ICPE nomenclature that came into force in 2023

What changes were made to the ICPE nomenclature in 2023? When must a request for grandfathering rights be submitted?

Camille Roy
Consultante HSE
Publication : 
22.01.2024
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

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In this article, we review the changes made to the nomenclature of Installations Classified for Environmental Protection (ICPE) in 2023, for which it may be necessary to submit a request for grandfathering rights to the authorities.

As a reminder, when the ICPE nomenclature is modified and:

  • It impacts the classification regime of an already classified activity or installation, either by raising or lowering it;
  • It brings an activity or installation under a classification regime.

The operator must submit a request for grandfathering rights to the authorities within one year of the effective date in order to continue operating the activity or installation in question.

Note: In cases where the activity or installation is no longer classified due to this nomenclature change, it is advisable to also notify the authorities. It is worth remembering that a classified activity or installation that is not operated for three consecutive years loses its classification status.

March 5, 2023: Nomenclature modification – headings 2415, 2731, 2791, and 2971

(Decrees No. 2023-151 and No. 2023-153 of March 2, 2023)

These nomenclature changes came into effect on March 5, 2023. Any necessary request for grandfathering rights must be submitted before March 5, 2024.

Heading 2415: Facilities for the application of wood preservation products and derived materials

  • Removal of the dual classification with heading 3700 (wood preservation).
  • Removal of the authorization regime in favor of the registration regime for facilities where the maximum quantity of products likely to be present exceeds 1,000 L.
  • Modification of the declaration regime with periodic inspection. It now only applies to facilities where the maximum quantity of products likely to be present is greater than or equal to 200 L, but less than or equal to 1,000 L.

Heading 2783: Facility for the de-packaging of bio-waste that has been source-separated for organic recovery

  • Creation of a heading for the classification of facilities for the de-packaging of bio-waste that has been source-separated for organic recovery. These facilities are subject to:
    • registration if the quantity of de-packaged bio-waste is greater than or equal to 30 t/day.
    • subject to declaration with periodic inspection if the quantity of de-packaged bio-waste is less than 30 t/day.

Heading 2731 Storage or transit of animal by-products and heading 2791 Non-hazardous waste treatment facility

  • Amendment of the titles of these headings to account for the creation of heading 2783 and include it in their scope of exclusion.

Heading 2971: Facility for the production of heat or electricity from non-hazardous waste prepared as solid recovered fuels in a facility intended for this purpose, whether or not associated with another fuel

  • Amendment of the heading title to include all energy production from non-hazardous waste prepared as solid recovered fuels (SRF) in a facility intended for this purpose, whether or not associated with another fuel.

October 14, 2023: Amendment of the nomenclature – headings 2251 and 2630

(Decree No. 2023-943 of October 11, 2023)

These amendments to the nomenclature came into force on October 14, 2023. Any application for grandfathering rights must be submitted before October 14, 2024.

Heading 2251 Preparation and packaging of wines, excluding facilities classified under heading 3642

  • Removal of the authorization regime.

Heading 2630: Manufacture of detergents and soaps or products based on them, excluding activities classified under heading 3410

  • Removal of the authorization regime.