Vous êtes ici : Accueil > General information > 07. Responsibility and litigation > Criminal liability and classified installations
Criminal liability and classified installations

3Infringements and environmental protection3

Infringements are defined by the Criminal Code. Some of them can relate to environmental protection such as :

  • accidental homicides or bodily injuries (articles 221-6 and 222-19),
  • reckless endangerment (article 223-1),
  • ecological terrorism (article 421-2),
  • asset destruction, deterioration and damage (article 322-5).

3Minor offences in classified installations3

Minor offences are defined in article 43 of decree 77-1133 of 21 September 1977. They relate in particular to :

  • non compliance with the operational requirements of ministerial orders or prefectural orders,
  • undeclared operation of an installation with a declaration obligation,
  • non compliance with the installation’s closure of activity procedures.

These are 5th category minor offences. Penalties are fines of up to €1,500 for individuals and €7,500 for corporations.

3Misdemeanours in classified installations3

Misdemeanours are defined in articles L 514-9 to 514-14 of the Environmental code. They notably relate to the following situations :

  • operation of an installation requiring a permit without the required permit,
  • non compliance with a formal notice,
  • continuation of the operation despite a shutdown or suspension order,
  • obstructing the Inspectorate of classified installations in the performance of their duties.

Penalties are fines (up to €150,000) and imprisonment (up to two years). For corporations, the fine can reach €750,000.

The court can also enforce other possible sanctions (recurring fine, disqualification from using the installation, site rehabilitation).