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🔎 Things to remember
Let's start with a definition...
A classified facility is any facility or activity that may pose hazards or inconveniences either to the well-being of the surrounding community or to health, safety, public health, agriculture, the protection of nature, the environment, and the landscape, the economical use of natural, agricultural, or forested land, the rational use of energy, or the preservation of historic sites and monuments as well as elements of the archaeological heritage.
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The origins of ICPE
On August 31, 1794, an explosion occurred at the Grenelle gunpowder factory. It killed over a thousand people (workers and local residents) and caused extensive material damage, including outside the site.
This disaster helped lay the foundations for the regulation of classified facilities for environmental protection.
In the 19th century
In 1810, an imperial decree was issued concerning factories and workshops that emit unhealthy and unpleasant odors. The decree stipulated that such establishments could not be set up without permission from the administrative authorities and divided them into three classes:
1st class: establishments that must be located away from private dwellings
2nd class: factories and workshops whose distance from dwellings is not strictly necessary, but for which it is nevertheless important not to allow their formation until we are certain that the operations carried out there will not inconvenience or cause damage to neighboring homeowners.
3rd class: establishments that can remain without inconvenience near dwellings, but must remain under police surveillance.
This imperial decree lays the foundations for a nomenclature of classified installations.
In the 20th century
It was not until the law of December 19, 1917, that this system was improved by requiring only a simple declaration from the establishments that caused the least harm.
Thefirst list of Classified Facilities was introduced by Decree No. 53-578 of May 20, 1953, along with the declaration and authorization systems.
Subsequently, the law of July 19, 1976, became the legal framework for industrial activities in France, allowing for the issuance of a single permit and regulating all relevant aspects: accident risks, waste, discharges into water, air, and soil...
The inspectorate of classified installations then becomes the competent authority for the application of this legislation.
At the same time, in Europe, the SEVESO Directive was enacted in 1982 following the 1976 SEVESO industrial accident. It was subsequently revised twice to strengthen measures for preventing major accidents in the wake of industrial accidents, notably the pollution of the Rhine in 1986, the pollution of the Danube in 2000, the fireworks explosion in Enschede in 2000, and the AZF explosion in 2001.
In the 21st century
Following the accident at the AZF factory in Toulouse in 2001, the law of July 30, 2003, strengthened industrial risk prevention measures.
In 2010, the registration system was established; it is also known as “simplified authorization.” The classification system now includes three categories (notification, registration, and authorization).
In France, some 1,300 plants are classified as "SEVESO".
In 2010, the “IED” Directive on Industrial Emissions mandated a comprehensive approach and applied to the most polluting industrial facilities. Section 3xxx of the ICPE classification system was introduced.
In 2015, with the implementation of the CLP Regulation, the nomenclature was amended once again with the creation of the 4xxx headings—hazardous substances and mixtures.
Your facility's ICPE classification
The ICPE nomenclature groups activities and substances and is divided into four categories:
1xxx : substances ;
2xxx : activities ;
3xxx: IED activities (Industrial Emissions Directive),
4xxx: hazardous substances and mixtures.
Depending on the level of risk, the ICPE is subject to declaration, registration or authorization. The 4xxx headings may also classify authorized facilities as Seveso low- or high-threshold.
To determine the ICPE classification of your facility, we recommend the following steps:
- Draw up an inventory of the substances and activities present on your site;
- Identify the corresponding headings;
- Determine the ICPE classification regime for each heading (Unclassified, Declaration, Registration, Authorization, ... SEVESO)
Frequently Asked Questions About ICPE Compliance
What are the consequences of a formal notice?
When a violation is detected, the prefectural authority issues a formal notice setting a deadline for rectifying the situation. If the operator fails to take action, they may be subject to administrative fines, a deposit of funds, or a suspension of operations.
What risks does the operator face in the event of a serious violation?
In addition to civil fines, failure to comply with the rules can result in severe criminal penalties. Penalties can include up to two years in prison and a fine of 100,000 euros for individuals, and up to 500,000 euros for companies.
How are pollutant emissions monitored?
The operator must monitor and control pollutant emissions (air, water, soil) in accordance with its permit. Emissions data must often be reported annually on dedicated platforms such as GEREP.
Are farms affected?
Yes, many agricultural facilities, such as intensive pig or poultry farms, are subject to the classification system (21xx categories). They must comply with strict setback distances and manure application plans.
What are the requirements when a business is permanently closed?
The process of ceasing operations requires notifying the prefect, securing the site (removing hazardous materials), and remediating the soil to ensure it can be used in the future without posing a health risk.