Coop de France Pays/Territoire France Type de cour Nationale - cour supérieure Date Oct 8, 2012 Source UNEP, InforMEA Nom du tribunal Conseil d'Etat Siège de la cour Paris Juge M. THENAULT Numéro de référence 340486 Langue Français Sujet Déchets et substances dangereuses Résumé 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. Texte intégral Conseil_d_État_6ème_et_1ère_sous-sections_réunies_08_10_2012_340486.pdf