Practical sheet | REF: FIC0099 V1

ICPE and administrative liability

Author: Solange VIGER

Publication date: November 10, 2015 | Lire en français

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6. Mistakes to avoid

6.1 Don't argue with the ICPE inspector about the viability of your business or the need to preserve jobs.

These are not interests protected by ICPE regulations.

In practice, ICPE inspectors have, in the past, been sensitive to these arguments. However, it has been ruled that refusal to identify and sanction non-conformities engages the responsibility of the prefectoral authority. These arguments are no longer relevant, and the authorities are now giving precedence to the interests protected by the ICPE regulations, in particular the protection of the environment, health and safety.

It has been ruled that an operator cannot rely on its own insolvency to escape its obligations under the regulations governing classified facilities. Similarly,...

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