The nomenclature is continuously adapted to technological evolutions and risk identification. These amendments sometimes result in changes in classification systems for certain installations. The legislation must take into account prior activities which are now subject to monitoring by public authorities due to the change in this nomenclature.
The principle of precedence therefore makes it possible to protect legally constituted existing situations and to guarantee sufficient public safety within the principle of non-retroactivity of the law. Conversely, it takes into account the preservation of law and order, which justifies the broadest and most immediate application of special policing laws.
3Installations newly registered in the nomenclature : principle of precedence3
These provisions relate to non classified installations which become classified installations due to nomenclature changes (new section or change in threshold).
These installations retain the benefit of their precedence (acquired rights). However, the operator should initially file, within one year of the publication of the decree amending the nomenclature, a simplified declaration of commencement of business with the prefect authority. The administration may request any additional information from the operator, in particular the production of an impact assessment and risk assessment. It can also reinforce technical requirements using additional orders.
3Lowering of declaration and permit thresholds3
This relates to the installations originally subject to the declaration system and, subsequent to a change in the nomenclature, become subject to the permit system. This situation can result from lower thresholds or threshold harmonisation within the framework of the revision of the nomenclature.
If the installation has made the proper declarations, it is entitled to continue its activity. The administration is entitled to request any additional information from the operator, in particular the production of an impact assessment and risk assessment. It can also reinforce technical requirements by means of additional orders.
3Rise in declaration and permit thresholds3
For the installations switching from a permit to a declaration, no specific formalities are required of the operator. Its permit order therefore constitutes an individual order amending the general specifications applicable to the installations subject to declarations (article R512-52 of the environmental code).
The installations outside the scope of the legislation on classified installations are therefore no longer subject to special policing requirements. However, the operator remains liable for damages (liability for abnormal nuisance to neighbours or liability under article 1382 of the Civil code).