Key Benefits:
The Prime Minister,
On the report of the Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations,
Considering Directive 1999/13/EC of 11 March 1999 on the reduction of emissions of volatile organic compounds due to the use of organic solvents in certain activities and facilities;
Considering the environmental code, including title I of his book V;
The State Council (section of public works) heard,
Decrete:
In chapter II, section 1, title I, of Book V of the Environmental Code (regulatory portion), the provisions of section R. 512-33 are replaced by the following provisions:
"Art.R. 512-33.-I. ― Any transfer of an authorized facility to another location requires a new authorization.
“II. ― Any modification made by the applicant to the facility, its mode of use or its vicinity, resulting in a noticeable change in the elements of the application for authorization must be brought to the attention of the prefect, prior to its completion, with all the elements of appreciation.
"If, after notice of inspection of classified facilities, the Prefect considers that the amendment is substantial, the Prefect invites the operator to file a new application for authorization.
"An amendment is considered to be substantial, in addition to cases where quantitative thresholds and criteria are met by order of the Minister responsible for classified facilities, provided that it is likely to cause significant hazards or disadvantages to the interests referred to in sections L. 211-1 and L. 511-1.
"If he considers that the amendment is not substantial, the prefect shall, where appropriate, establish additional requirements in the forms provided for in Article R. 512-31.
"III. ― New I and II authorizations are subject to the same formalities as initial applications. »
In chapter II, section 2, title I, of Book V of the Environmental Code (regulatory portion), the provisions of section R. 512-54 are replaced by the following provisions:
"Art.R. 512-54.-I. ― Any transfer of a reporting facility to another location requires a new declaration.
“II. ― Any modification made by the declarant to the facility, its mode of operation or its neighbourhood, resulting in a noticeable change in the elements of the initial reporting file must be brought to the attention of the prefect before it is completed.
"If it considers that the amendment is substantial, the Prefect invites the operator to file a new declaration.
"An amendment is considered to be substantial, in addition to cases where quantitative thresholds and criteria are met by order of the Minister responsible for classified facilities, provided that it is likely to cause significant hazards or disadvantages to the interests referred to in sections L. 211-1 and L. 511-1.
"III. – The new I and II declarations are subject to the same formalities as the initial declarations. »
The Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, the Minister of Defence and the Secretary of State for Ecology are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, December 11, 2009.
François Fillon
By the Prime Minister:
Minister of State, Minister of Ecology,
of energy, sustainable development and the sea,
green technologies
and climate negotiations,
Jean-Louis Borloo
Minister of Defence,
Hervé Morin
Secretary of State
responsible for ecology,
Chantal Jouanno
