In summer 2022, new procedures for the cessation of ICPE activities

Since June 2022, the procedure for the cessation of ICPE activities has been thoroughly revised, with clarified stages, new attestations and reinforced obligations.

Thomas Forest
EHS Consultant
Update : 
12.09.2025
Publication: 
02.02.2022
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After ten years without any major changes, the procedures for the cessation of ICPE activities have been revised by Decree no. 2021-1096 of August 19, 2021, issued in application of Article 57 of Law no. 2020-1525 of December 7, 2020 ("ASAP" law). Thus, whatever the facility's regime (authorization, registration or declaration), new requirements will be applicable for cessations of activities declared after June1, 2022.

ICPE cessation procedure clarified and enhanced with new definitions

Certain concepts and definitions applicable to the cessation of ICPE activities have been clarified.

Thus, cessation of activity should now be understood as a "set of administrative and technical operations carried out by the operator of one or more ICPEs in order to continue to guarantee the interests protected by ICPE and, where applicable, IOTA regulations, when he no longer carries out the activities justifying the classification of these installations under the ICPE nomenclature on one or more parts of the same site ".

The regulations set out the four compulsory steps to be taken when ceasing business activity:

  • Shut down the plant;
  • Make it safe ;
  • If necessary, determine the future use of the site (for authorization and registration schemes);
  • Rehabilitate or restore the site.

Please note the following new clarifications:

  • Permanent shutdown = total shutdown or reduction to such an extent that all the classified activities of one or more facilities on the same site are no longer covered by the ICPE nomenclature, regardless of the continuation of other activities on the site and the release of land.
  • Lands adjacent to those affected by the cessation of activity = these are now covered, as the operator is required to place his site in a condition that will not adversely affect the interests protected on neighboring lands;

Finally, if the plant changes its ICPE status, the procedure to be followed depends on the origin of the change:

  • In the event of a reduction in activity - for example, a facility subject to registration falls below the threshold due to a change in activity, and is then subject to the declaration system: the obligations remain those applicable prior to this reduction in activity - in our example, the cessation procedure applicable to ICPEs subject to registration must be followed, even though the facility is subject to the declaration system.
  • In the event of achange in the nomenclature : the obligations are, conversely, those of the new applicable regime - using our example, if an ICPE subject to registration becomes a declaration, this time due to a change in the nomenclature thresholds, the cessation procedure to be followed will be that applicable to ICPEs subject to declaration.

Specific procedures for shutting down authorized and registered ICPEs

For the second stage of site remediation, it is now necessary to provide a certificate of implementation of remediation measures, drawn up by a company certified in the field of polluted sites and soils.

The stages of determining the future use and rehabilitation or restoration of the site may be postponed, but only (i) for land that has not been released, and (ii) at the express and justified request of the operator to the Prefect. This request must be made at least three months before final shutdown, must include a statement of the reasons for the postponement request, and must be accepted by the Prefect.

Nota Under previous regulations (applicable until May 31, 2022), no express, justified request was required; the steps of determining the future use and rehabilitating or restoring the land were compulsory only when the land was vacated.

In addition, the remediation report must be sent to the prefect within 6 months of the final shutdown, accompanied by a certificate attesting to the suitability of the proposed remediation measures, which must also be drawn up by a company certified in the field of polluted sites and soils.

Specific procedures for the cessation of activity of declared ICPEs

For declared ICPEs, the procedure consists in notifying final shutdown, including the shutdown date, the list of sites concerned, and the measures taken or planned and associated timetable to ensure safety immediately after shutdown.

For certain facilities, a certificate of implementation of site safety measures must be drawn up, once again by a company certified in the field of polluted sites and soils. This applies to the nomenclature headings listed in article R. 512-66-3 of the French Environment Code.

Finally, there are two information obligations on the part of the operator:

  • Once the safety measures have been completed: the operator must inform the mayor or president of the local authority responsible for urban planning, the owner(s) of the land concerned and the ICPE inspectorate, in writing.
  • Once rehabilitation is complete: if rehabilitation is not carried out at the same time as safety measures, the operator must inform the Prefect, the owner(s) and the relevant local authority in writing.

Specific procedures for IED installations and wind turbines

For ICPE IEDthe electronic availability of prefectoral decrees determining:

  • prior to rehabilitation work, rehabilitation work, environmental monitoring measures and restrictions on use during rehabilitation work;
  • once rehabilitation is complete, the environmental monitoring measures required, as well as the methods for preserving memories and restrictions on use.

With regard to the dismantling and remediation of awind farm site, there is an obligation to have the dismantling and remediation operations carried out by a company certified in the field of polluted sites and soils.

This certificate must then be sent to the prefect, the mayor or the president of the local authority responsible for urban planning, and the landowner . Site restoration is deemed complete if, within 2 months of the certificate being sent, the prefect has not raised any objections or made any additional requests.

Note:

The next DGPR Tuesday, scheduled for February 8, is devoted to the subject of "Regulatory developments concerning the cessation of ICPE activities and polluted sites and soils - the consequences of the French law on Acceleration and Simplification of Public Action (ASAP)".

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Photo credit: 56649593 @Sved Oliver