3Ministry for ecology, energy, sustainable development, and spatial planning3
The environmental code is the foundation of the provisions relative to the legislation on classified installations and specifies operating permit and control conditions for these installations. The code also specifies that the ministry in charge of classified installations defines regulatory provisions. This mission is entrusted to the Ministry for ecology, sustainable development and spatial planning, the authority to which the Inspectorate must report.
Within the Ministry, industrial pollution control and compliance with the legislation on classified installations is the responsibility of the Directorate for Risk and Pollution Prevention (DPPR), more specifically by the Industrial Environment Service (SEI).
In terms of classified installations, the Ministry is in charge of designing the legislation, controlling its enforcement and managing inspectorate services.
The Minister may consult the High Council for Classified Installations (CSIC), which issues recommendations on legislation reform projects on classified installations, draft regulations or acts on the implementation of this legislation and any other subject relating to classified installations.
Under the authority of the prefect, inspections are mainly carried out by :
The Directions Régionales de la Recherche, de l’Industrie et de l’Environnement (DRIRE - Regional Directorates for Industry, Research and the Environment) for most industrial facilities.
The Direction Départementale des Services Vétérinaires (DDSV - Departmental Veterinary Services) for agricultural facilities, abattoirs and animal carcass disposal contractors and certain other food processing activities.
The Service Technique Interdépartemental de l’Inspection des Installations Classées de la Préfecture de Police de Paris (STIIIC - Interdepartmental Technical service of the Paris Police Headquarters for the Inspection of Classified Installations) for Paris and Greater Paris departments. Inspectors – engineers, technicians, veterinarians – are sworn State officials.
The allocation of facilities to inspectorate services can vary depending on the region. There is no standard rule at national level defining specific boundaries with regard to the scope of action of inspectorate services. Other services can also be entrusted with certain classified installations, for example Departmental Directorates for Equipment (DDE), Departmental Directorates for Agriculture and Forestry (DDAF) or Departmental Directorates for Health and Social Affairs (DDASS).
For installations under the authority of the Ministry of Defence, monitorings are carried out by the general armed forces inspection services.
The DRIRE are responsible for coordinating all the services of the Inspectorate of classified installations at regional level.
The departmental prefect is the State representative with administrative authority over the Inspectorate ; the Inspectorate proposes and the prefect makes the decisions. He is himself under the authority of the Minister in charge of classified installations.
3Coordination of the Inspectorate of classified installations :3
The organisation and management of the Inspectorate of classified installations is part of the major tasks assigned to the Ministry for ecology, sustainable development and spatial planning.
The organisation of the Inspectorate of classified installations constitutes a responsible and mutually binding process at all levels. It is a collective action. In this respect, a document called “Guidelines for the Inspectorate” was created in 2001, asserting the unifying values of the Inspectorate : competence, impartiality, fairness and transparency.
Following the TOULOUSE disaster of 2001, the government announced that 400 DRIRE positions would be created over the 2004-2007 period. This reinforcement is accompanied by an Inspectorate modernisation programme specifying management, methodology, organisation, training and information procedures to be implemented in the upcoming years. This programme includes commitments in terms of number of inspections, processing timeframe for permit applications, treatment of claims and transparency. It stipulates that the Ministry should assign action priorities to the Inspectorate of classified installations each year and provide the services with the resources required to implement these actions. In this respect, this process is also perfectly in line with the organisation scheme for the implementation of the Organic law on budget acts (LOLF) which assesses the performance of State administrations in relation to the resources allocated and provides the services with the resources required to carry out these actions.