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Coop de France

Country/Territory
France
Type of court
National - higher court
Date
Oct 8, 2012
Source
UNEP, InforMEA
Court name
Conseil d'Etat
Seat of court
Paris
Judge
M. THENAULT
Reference number
340486
Language
French
Subject
Waste & hazardous substances
Abstract


The Conseil d’Etat is asked to rescind an order of 13 April 2010. A decree of 8th July 2009 modifying the classification of classified facilities for environmental protection linked to nitrates was adopted. As a result of this decree, the Ministry who has the responsibilities of facilities for environmental protection adopted the 2003 order that aimed to prevent risks linked to the storage of fertilizer. This order was applicable to new and existing facilities.  

Articles L.513-1 and R. 513-2 of the Environmental Code provide that classified facilities for environmental protection that obtained a regular approval and are again subject to authorization, registration or declaration can continue to operate only if their operators inform the Prefect. In this situation, the Prefect can adopt measures to protect the interests of these facilities only if there are not severe modifications of the facility or important changes in how the facilities is operated.

The Court ruled that these provisions do not exclude that the Ministry who has the responsibilities of classified facilities for environmental protection can, on the basis of article L.512-5 of the Environmental Code, impose obligations to this facilities.  In addition, the competence of the Ministry does not preclude the competence of the Prefect as regards these installations. Nonetheless, the measures adopted by the Ministry are not subject to the limitations imposed to the Prefect’s measures.

Full text
Conseil_d_État_6ème_et_1ère_sous-sections_réunies_08_10_2012_340486.pdf