Practical sheet | REF: FIC0035 V1

Analyze the draft prefectoral decree

Authors: Solange VIGER, Gérard GIRIN

Publication date: November 10, 2015, Review date: November 13, 2016 | Lire en français

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1. Understanding what a prefectoral decree and a draft prefectoral decree are

Once signed by the Prefect, the draft :

  • on the one hand, grants (or refuses) authorization to operate ICPE ;

  • secondly, sets (if the authorization is accepted) the conditions under which these installations must be operated.

So, until this draft is signed, the petitioner cannot yet commission his facilities. However, they can request modifications to the proposed operating conditions. These modifications may concern, for example, the performance of treatment systems, or the deadlines for achieving the proposed performance levels. Once signed, the decree must be complied with. To have it modified, you must either lodge an appeal with the administrative court and win the case, or submit a request for modifications to the installations or operating conditions to the prefecture....

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Understanding what a prefectoral decree and a draft prefectoral decree are