Is a section of your ICPE classification affected?

This article details the changes to the ICPE classification, particularly for headings 2915, 2925, 2930 and 2940, and the elimination of certain double classifications with IED headings.

Marie Faucon
Consultante HSE
Publication : 
10.09.2020
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

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The ICPE classification is regularly updated. As such, a heading in your ICPE classification may have been recently updated?

We'll take a look at the main changes introduced by Decree No. 2019-1096 of October 28, 2019 [1] and Decree No. 2020-559 of May 12, 2020 [2] regarding headings 2925, 2915, 2930 and 2940, as well as the elimination of double classification with headings in the 3000 series.

Note: the new heading 1978, which concerns the use of organic solvents, has already been covered by our experts.

Heading 2925 (Battery Charging Facilities)

1) What power should be considered?

It is now specified that the maximum usable current power for the charging operation is defined as the cumulative deliverable charging power of all facility infrastructures. Therefore, all charging powers present on the site must be summed.

2) How are new technologies taken into account?

The heading has been amended to account for the development of new technologies associated with battery charging, based on the use of lithium (e.g., lithium-ion batteries) and the associated fire hazards.

It has therefore been restructured to differentiate between cases where the charging operation produces hydrogen and situations where it does not. A new declaration regime has been established for electric accumulators whose charging does not produce hydrogen, when the maximum usable current power for this operation exceeds 600 kW, with the exception of public electric vehicle charging infrastructures (sub-heading 2925-2).

Heading 2915 (Heating processes using combustible organic substances as heat transfer fluid)

The authorization regime is replaced by the registration regime. Thus, heating processes where the operating temperature of the heat transfer fluid is equal to or greater than its flash point AND where the total quantity of fluids present in the installation (at 25°C) exceeds 1,000 l (sub-heading 2915-1) are now subject to the registration regime.

A decree dated May 12, 2020 [3] defines the general requirements applicable to installations falling under heading 2915 under the registration regime. It applies to installations registered from May 15, 2020 onwards. However, it does not apply to existing classified installations already subject to a prefectural authorization decree as of May 15, 2020.

Heading 2930 (Workshops for the repair and maintenance of motor vehicles and machinery)

For both sub-headings, the authorization regime is replaced by the registration regime. Thus, the following are now subject to the registration regime:

  • workshops for the repair or maintenance of motor vehicles and machinery with a surface area exceeding 5000 m² (sub-heading 2930-1)
  • installations for the application, baking, and drying of varnish, paint, and primer on motor vehicles and machinery for which the maximum quantity of products likely to be used exceeds 100 kg/day (sub-heading 2930-2).

For sub-heading 2930-2, classification under the declaration regime with periodic control can no longer be based on the annual quantity of solvents contained in the products likely to be used. To be subject to the DC regime, installations must be likely to use a quantity of products greater than 10 kg/day but less than or equal to 100 kg/day.

A decree dated May 12, 2020 [4] defines the general requirements applicable to installations falling under heading 2930 under the registration regime. It applies to new installations registered from May 15, 2020 onwards, as well as to existing installations regularly authorized under the conditions specified in its Annex I. In the event of an extension requiring new registration, all articles apply to the entire installation, with the exception of articles 2.1 (siting rules), 4.2 (fire behavior), 4.3 (accessibility), and 6.4 (chimney height), which apply only to the constructive part of the extension.

Heading 2940 (Application, coating, lacquering, lamination, impregnation, baking, drying of varnish, paint, primer, glue, filler, etc.).

The authorization regime is replaced by the registration regime. Thus, the following are now subject to the registration regime:

  • installations that use liquid-based products via a "dip" process (including electrophoresis) and for which the maximum quantity of products likely to be present in the installation exceeds 1000 l (sub-heading 2940-1);
  • installations that use liquid-based products via any process other than "dip" (spraying, coating, other processes) and for which the maximum quantity of products likely to be used exceeds 100 kg/day (sub-heading 2940-2);
  • installations that use organic resin-based powders and for which the maximum quantity of products likely to be used exceeds 200 kg/day (sub-heading 2940-3).

Furthermore, coating, lacquering, lamination, and impregnation activities are now clearly mentioned, and the list of exclusions (initially partial) is detailed.

The weighting rule for product quantities implemented in the facility has been updated:

  • quantities of products based on flammable liquids with hazard statements H224, H225, or H226 (and no longer 1st category - flash point below 55 °C) or halogenated liquids are assigned a coefficient of 1;
  • quantities of products based on liquids with a flash point between 60° C and 93° C (and no longer 2nd category - flash point equal to or above 55 °C) or containing less than 10% organic solvents at the time of use are assigned a coefficient of 1/2.

A decree dated May 12, 2020 [5] defines the general requirements applicable to facilities falling under heading 2940 under the registration regime. It applies to new facilities registered from May 15, 2020, as well as to existing facilities that have been duly authorized, under the conditions specified in its Annex I. In the event of an extension requiring new registration, all articles apply to the entire facility except for articles 2.1 (siting rules), 4.2 (fire behavior), 4.3 (accessibility), 4.4 (smoke extraction), and 6.4 (chimney height), which only apply to the constructive part of the extension.

Which double classifications with IED headings have been removed?

The following headings have been modified to exclude from their scope facilities that are otherwise subject to authorization under 3000 (IED) headings :

  • 2102 (pig farming, sale, transit, etc.) with the exclusion of heading 3660 (intensive livestock farming).
  • 2111 (poultry farming, sale, transit, etc.) with the exclusion of heading 3660 (intensive livestock farming).
  • 2210 (animal slaughter) with the exclusion of heading 3641 (slaughterhouse operation).
  • 2260 (grinding, crushing, screening, shredding) with the exclusion of headings 3610 (manufacture of pulp, paper, cardboard, wood panels), 3620 (pretreatment or dyeing of textiles), 3660 (intensive livestock farming).

What should I do if one of these headings applies to me?

We advise you:

  • to analyze the impact of these changes on your ICPE classification
  • and, if necessary, inform the administration of the change in situation  (request for prior rights for a declared site) before May 15, 2021, concerning sections 2915, 2930, and 2940, and before October 31, 2020, for other sections.

[1] Decree No. 2019-1096 of October 28, 2019, amending the nomenclature of classified facilities for environmental protection [JORF of October 30, 2019]

[2] Decree No. 2020-559 of May 12, 2020, amending the nomenclature of classified facilities for environmental protection [JORF of May 14, 2020]

[3] Order of May 12, 2020, relating to general requirements applicable to facilities subject to the registration regime under heading No. 2915 (Heating processes using combustible organic substances as heat transfer fluids, when the operating temperature is equal to or greater than the flash point of the fluids) of the nomenclature of classified facilities for environmental protection [JORF of May 14, 2020]

[4] Order of May 12, 2020, relating to general requirements applicable to facilities subject to the registration regime under heading No. 2930 (Workshops for the repair and maintenance of motor vehicles and engines, including bodywork and sheet metal activities) of the nomenclature of classified facilities for environmental protection [JORF of May 14, 2020]

[5] Order of May 12, 2020, relating to general requirements applicable to facilities subject to the registration regime under heading No. 2940 (Application, coating, lacquering, lamination, impregnation, baking, drying of varnishes, paints, primers, glues, coatings, etc., on any substrate) of the nomenclature of classified facilities for environmental protection [JORF of May 14, 2020]

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