4. Our advice
The notion of an accident or incident "likely to affect" the interests protected by ICPE regulations is not defined by the legislator, and is open to interpretation. However, when a case is referred to the courts, they tend to interpret the concept broadly.
It is therefore advisable to report any accident or incident systematically, as part of a constructive relationship with the ICPE inspector.
You need to be aware that the administrative and/or criminal penalties that may follow the discovery of an undeclared accident or incident may be more restrictive for your business than if you had complied with your duty to inform.
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