Frequently asked questions
Understanding the ICPE classification and non-classification regimes

Can a non-classified facility become classified, and vice versa?

Yes.

• Non-classified facilities that become classified: existing non-classified facilities covered by a new heading in the ICPE nomenclature may continue to operate without authorization, registration or declaration, provided they have been duly commissioned and have made themselves known to the prefect within one year of publication of the decree amending the nomenclature. Once the authorization, registration or declaration has been issued, the operator benefits from a genuine acquired right to operate, or right of anteriority, in compliance with the conditions imposed. However, this right to operate is subject to respect for the rights of third parties, who can report pollution and hold the operator liable. The Prefect may also require certain documents...