Practical sheet | REF: FIC0132 V1

Understanding the concept of formal notice

Author: Solange VIGER

Publication date: March 10, 2015, Review date: November 27, 2016 | Lire en français

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    5. Mistakes to avoid

    5.1 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, environmental inspectors have, in the past, been sympathetic to these arguments. However, it has been ruled that the refusal to identify and sanction non-compliances 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 ICPE regulations, in particular environmental, health and safety protection.

    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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