Infringements and environmental protection

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).

Minor offences in classified installations

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.

Misdemeanours in classified installations

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).