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Understanding ICPE regulations: general concepts

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FIC1108 V2 Practical sheet

Our advice
Understanding ICPE regulations: general concepts

Author : Solange VIGER

Publication date: November 10, 2025 | Lire en français

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3. Our advice

3.1 Distinguish between sections beginning with "R" and those beginning with "D" in the regulatory section of the Environmental Code

Articles marked with "R." are based on decrees of the Council of State, while those marked with "D." are based on ordinary decrees.

As their name suggests, decrees issued by the Council of State have undergone a procedure that includes the Council of State’s opinion, which is not the case for a simple decree.

The decision to issue a decree by the Council of State is based either on the provisions of Article 37 of the Constitution, on a law, or on the Government’s discretion due to the significance of the subject matter of the draft decree.

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