In this article, we take a look at the changes to the nomenclature of Installations Classées pour la Protection de l'Environnement (ICPE) in 2023, for which it may be necessary to submit a request to the authorities for the benefit of anteriority.
As a reminder, when the ICPE nomenclature is modified and :
- Whether this has an upward or downward impact on the classification status of an activity or facility that is already classified;
- That this brings an activity or facility under a classification regime.
Within one year of the date of entry into force, the operator must submit a request to the authorities to continue operating the activity or facility in question.
Note: if the activity or facility becomes unclassified as a result of this change to the nomenclature, it is advisable to also send information to the authorities. Remember that a classified activity or facility that has not been operated for three consecutive years will lose its classification.
March 5, 2023: Modification of nomenclature - headings 2415, 2731, 2791 and 2971
(Decrees no. 2023-151 and no. 2023-153 of March 2, 2023)
These changes to the nomenclature came into force on March 5, 2023. Any request for anteriority must be submitted before March 5, 2024.
Category 2415: Installations for the application of wood preservatives and derived materials
- Elimination of double classification with heading 3700 (wood preservation).
- Abolition of the authorization system in favor of the registration system, which applies to facilities where the maximum quantity of products likely to be present exceeds 1,000 L.
- Modification of the declaration with periodic inspection system. 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 1000 L.
Heading 2783: Plant for the deconditioning of biowaste sorted at source with a view to its organic recovery.
- Creation of a heading for the classification of facilities for the deconditioning of biowaste sorted at source with a view to its organic recovery. These facilities are subject to :
- registration if the quantity of biowaste deconditioned is greater than or equal to 30 t/d.
- declaration with periodic inspection if the quantity of biowaste deconditioned is less than 30 t/d.
Heading 2731 Deposit or transit of animal by-products and heading 2791 Non-hazardous waste treatment plant
- Modification of the headings of these items to take account of the creation of item 2783 and to include it in the scope of exclusion of these items.
Heading 2971: Plant for the production of heat or electricity from non-hazardous waste prepared in the form of solid recovered fuels in a plant designed for this purpose, whether or not combined with another fuel.
- Modification of the heading to include all energy production from non-hazardous waste prepared in the form of solid recovered fuel (SRF) in a plant designed for this purpose, whether or not combined with another fuel.
October 14, 2023: Modification of the nomenclature - headings 2251 and 2630
(Decree no. 2023-943 of October 11, 2023)
These changes to the nomenclature came into force on October 14, 2023. Any request for anteriority must be submitted before October 14, 2024.
Heading 2251 Preparation, packaging of wines, excluding installations classified under heading 3642
- Abolition of the authorization system.
Heading 2630: Manufacture of detergents and soaps, excluding activities classified under heading 3410
- Abolition of the authorization system.