Online declaration for ICPE: until December 2020 on paper

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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

Since the 1^st January 2016, procedures applicable to classified installations (ICPE) subject to declaration have been digitized; this is referred to as ICPE e-declaration. This change was legally incorporated through Decree No. 2015-1614 of December 9, 2015, which amended Articles R. 512-47 to R. 512-66-2 of the Environmental Code, and the Order of December 15, 2015, concerning the digitization of declarations for classified installations for environmental protection.

Procedures covered by ICPE e-declaration:

submission of the declaration by the operator
proof of declaration submission
access to general requirements applicable to the installation
request for modifications to the applicable general requirements
the exercise of prior rights (also known as operating under "acquired rights")
declaration of modification made by the operator to the installation
notification of an installation shutdown

Declaration procedures

So, since the 1^1st January 2016, the ICPE online declaration had to be submitted on the Service Public website. Paper declarations remained possible until December 31, 2020, and 5 CERFA forms are approved for these procedures:

for declaration: CERFA No. 15271;
for modification declaration: CERFA No. 15272;
for notification of definitive shutdown: CERFA No. 15275;
for change of operator declaration: CERFA No. 15273;
for prior rights: CERFA No. 15274.

These forms are available on the same website. The use of these forms is mandatory or optional, depending on the regulatory regime of other installations potentially operated on the site. Three cases may arise (table from the explanatory notes for Cerfa forms):

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	Case 1: Site with only declared ICPEs	Case 2: Site operating registered ICPEs	Case 3: Site operating authorised ICPEs
Initial declaration No. 15271	Mandatory	Mandatory	Optional
Modification No. 15272	Mandatory	Mandatory	Optional
Permanent shutdown No. 15275	Mandatory	Optional	Optional
Change of operator No. 15273	Mandatory	Optional	Optional
Benefit of acquired rights No. 15274	Mandatory	Optional	Optional

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The online ICPE declaration service is now available on the Service Public website.

The general process

Once the declaration is submitted electronically, a proof of submission is issued, and the general requirements are made accessible online.

Before requesting proof of submission, the operator must acknowledge having read the general requirements. The proof of submission is made available on the website of the prefecture where the installation is located for at least 3 years.

With this change in procedures, it is reiterated (via the decree of December 15, 2015) that general requirements apply to installations subject to declaration present in an establishment that includes at least one installation subject to authorization, provided that these installations are not governed by the prefectural authorization decree.

Until December 31, 2020, declarations can still be submitted in triplicate on paper. The aforementioned proof of submission is then issued on paper and is subject to publication measures on the prefecture's website. It is accompanied by the provision to the declarant of a copy of the general requirements applicable to the installation.

Similarly, until December 31, 2020, requests for modifications to general requirements and informing the prefect of changes made to the installation can be submitted in paper format.

This method of submitting declarations streamlines administrative work, simplifies processes for businesses, and allows for better harmonization of application files.

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