4. Application conditions

The conditions of application are specified according to the nature of the installation (new or existing).

The technical requirements apply immediately to new installations (which have received their declaration receipt after a period of 4 months following publication of the decree in the JORF); see article 2 of the ministerial decree.

For existing facilities (already in possession of a declaration receipt when the decree was published), article 2 of the ministerial decree refers to a compliance schedule presented in Appendix V.

As a matter of principle, the legislator allows the operator of an existing plant to benefit from a certain grandfathering right, since at the time of commissioning, the technical requirements were not as precise as those set out in a ministerial decree. As a result, the compliance schedule...