• Environment - Sustainable development
  • CalendarThe first time an authorization or registration threshold is exceeded, or for any installation/work or development project concerned by the approach
  • Time3 open days - 12 months
  • 1 SUR 6
court hammer
infoTheoretical penalty(s) of non-compliance subject to the judge's discretion and, where applicable, to certain conditions
  • 15000 € Finecourt hammer
    info€15,000 fine [non-compliance with environmental code requirements for facilities, structures, works, facilities, operations, objects, devices and activities]
  • 1 Damage to reputationcourt hammer
    infoRisk of inconsistency with company values - Responsible Governance
  • 1 Damage to reputationcourt hammer
    infoRisk of inconsistency with company values - Environmental protection
court hammer
infoPositive consequence(s) for the company thanks to its compliance
  • 1 Reputation gaincourt hammer
    infoImproved consistency with the value 'NATURE PROTECTION'

Case-by-case review of a project, plan or program that may have significant environmental or human health impacts


Scope of application

Any ICPE newly submitted for authorization or registration, as well as any installation, work project, works... listed in the table annexed to article R.122-2 of the Environmental Code, in the columns of projects submitted for case-by-case examination.

Description

Introduction

Projects which, by their nature, size or location, are likely to have significant impacts on the environment or human health are subject to an environmental assessment according to criteria and thresholds defined by regulation (see below the appendix to article R122-2) and, for some of them, after a case-by-case examination by the environmental authority (Ae)

Environmental assessment: concept

The environmental assessment is a process consisting of the development, by the project owner, 
  • of an environmental impact assessment report, hereafter referred to as the "impact study", 
  • the realization of consultations :
    • the public ;
    • transboundary, if applicable.
  • the examination, by the authority competent to authorize the project, of all the information presented in the impact study and received within the framework of the consultations carried out and from the project owner.
The environmental assessment makes it possible to describe and assess in an appropriate manner, according to each particular case, the direct and indirect significant effects of a project on the following factors
  1. the population and human health ;
  2. biodiversity, with particular attention to species and habitats protected under Directive 92/43/EEC of 21 May 1992 and Directive 2009/147/EC of 30 November 2009
  3. land, soil, water, air and climate;
  4. material assets, cultural heritage and landscape;
  5. the interaction between the factors mentioned in 1° to 4°.
Impacts on the factors listed include impacts that may result from the vulnerability of the project to major accident hazards and disasters relevant to the project concerned.

When a project consists of several works, installations, structures or other interventions in the natural environment or landscape, it must be considered as a whole, including in the case of splitting up in time and space and in the case of multiple project owners, so that its environmental impacts are assessed as a whole.

Case-by-case examination: submission of the file

When a project is subject to a case-by-case examination, the environmental authority receives a file presenting the project from the project owner in order to determine whether it should be subject to an environmental assessment.

However, when the project consists of a modification or extension of activities, installations, works or structures that fall under the authorizations provided for in articles L. 181-1, L. 512-7, L. 555-1 and L. 593-7, the project owner submits the file to the environmental authority. This authority determines whether this modification or extension must be subject to environmental assessment.

Projects, plans and programs subject to case-by-case assessment

A list of the categories of projects, plans and programs that must undergo an environmental assessment has been established:
  • projects subject to an environmental assessment after a case-by-case examination: see appendix to article R122-2 (only projects identified by the environmental authority as likely to have significant effects on the environment must be subject to environmental assessment).
  • plans and programs subject to an environmental assessment after a case-by-case examination: see II of article R122-17 of the Environmental Code

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