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Please note: This article concerns French legislation. The requirements described may not apply in other countries.
The Environmental Code (Article L.512-11) stipulates that certain facilities classified under the declaration regime must undergo periodic ICPE inspections by an accredited body. These facilities are listed in the ICPE nomenclature under the "Declaration with control" (DC) regime. An initial analysis of these inspections was provided in a previous article: Classified facilities: what inspections, what penalties?
What is a periodic ICPE inspection?
The purpose of this periodic ICPE inspection is to allow the operator to determine their level of compliance with the general requirements applicable throughout the facility's operation and to alert the classified facilities department in the event of significant discrepancies.
For each relevant category, the ministerial order on general requirements defines the points that must be inspected and the criteria expected to meet these requirements. Furthermore, it distinguishes between two categories of non-compliance: those deemed "major" (NCM) and other non-conformities.
The operator is free to choose an inspection body from among those accredited for the category or categories they operate. The costs of the inspection are borne by the operator. The inspection report is not sent to the administration. However, the inspection body is required to notify the administration if the operator fails to meet the deadlines of the inspection procedure.
Who must have this inspection carried out? What are the deadlines?
It is mandatory for all facilities classified under the "Declaration with control" regime (DC in the nomenclature), provided that the ministerial order on general requirements includes the list and scope of the inspection points.
However, the following facilities are exempt:
- Facilities included in an establishment where one of the installations is subject to authorization or registration. In this case, they will be inspected by the administration;
- Facilities registered under EEC Regulation No. 761/2001 (known as the EMAS regulation).
The deadlines for carrying out this inspection are as follows:
The frequency for periodic ICPE inspections is every 5 years. However, this is extended to 10 years for facilities whose management system certified to the ISO 14001 standard covers the facility in question.
In the event of a change of operator, the new operator must declare the change within one month of taking over operations. This must be accompanied by proof of the most recent ICPE periodic inspection (Article R. 512-68 of the Environmental Code). The new operator then becomes responsible for ensuring the next periodic inspection is carried out.
Inspection procedure
It is the operator's responsibility to contact an accredited inspection body to request a periodic inspection, specifying the relevant nomenclature heading(s).
The flowchart below outlines the various steps of the procedure:
Although non-"major" non-conformities are not subject to a mandatory resolution deadline during an ICPE periodic inspection, they are still considered regulatory deviations and must therefore be resolved as soon as possible.
A list of inspection bodies, specifying the headings for which they are accredited, is available here: https://aida.ineris.fr/node/164