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As a reminder, installations classified as DC (Déclaration avec Contrôle périodique - Declaration with periodic inspection) under one of the headings listed below must be subject to periodic inspection by an approved body, unless they are operated within an establishment that also includes at least one ICPE subject to Authorization or Registration.
Such an inspection must be carried out every 5 years (every 10 years if the plant is EMAS or ISO 14001 certified).
In the event of "major" non-conformities of DC classified installations detected during the inspection, these must be rectified within 1 year. Failing this, the inspection body is required to inform the Prefect.
(French Environment Code, articles R. 512-55 et seq.)
Modification in the event of major non-compliance of DC classified facilities
Two orders dated July 1, 2013 modify the 41 orders on general requirements applicable to ICPEs subject to declaration under the following headings:
- 1111, 1136, 1138, 1172, 1173, 1435, 1510, 2220, 2351, 2415, 2510, 2562, 2564, 2565, 2570, 2710-1, 2710-2, 2711, 2716, 2718, 2781-1, 2791, 2795 and 2950 ;
- 8, 1310, 1311, 1330, 1331, 1412, 1413, 1414, 1432, 1433, 1434, 2160, 2550, 2551, 2552, 2930 and 2940.
These general requirements decrees have been amended to define the inspection points for major non-conformities.
Procedure in the event of major non-compliance of DC classified facilities
In practical terms, any operator concerned must :
- Within 3 months of receiving the report => Send the inspection body a schedule of measures planned to resolve major non-conformities.
- Within 12 months of receiving the report => Request an additional inspection from the same organization to validate the removal of major non-conformities (Inspection carried out within 2 months of the request + 1 month to formalize the report).
For its part, the inspection body is required to inform the prefect of major NCs in the following cases:
- if it has not received the operator's compliance schedule within 3 months;
- if no written request for further inspection has been received within 1 year;
- if the additional inspection reveals that major non-conformities persist.
(French Environment Code, articles R. 512-55 et seq.)
Simplified reading of General Prescription Orders (APG)
The July 1st orders also simplify matters by merging the appendices containing the general requirements and the appendices containing the periodic inspection requirements. As a result, in these general prescriptions orders, the same appendix defines the general prescriptions and specifies those subject to periodic inspection (the latter include, where applicable, points relating to major non-conformities).
Application conditions
These changes will take effect on January 1, 2014.
Note: for some of the headings mentioned above, we'll have to wait for publication of the appendices to the two decrees of July 1, 2013 in the Bulletin officiel du ministère de l'écologie to see these changes and learn about the exact modifications introduced.