Farms with more than 450 pigs: According to the Council of State, simple registration is sufficient

By rejecting the petition filed by animal protection associations, the Council of State has just upheld the simplified permitting system applied to pig farms—whether housed or free-range—with between 450 and 2,000 animal-equivalents.   In its decision of April 17, 2015*, the High Court rejected the arguments put forward by the associations Eau et Rivières de Bretagne, France Nature Environnement, and France Nature Environnement Pays-de-la-Loire against the decree of December 27, 2013** concerning classified installations for environmental protection (ICPE). This decree subjects pig farms with more than 450 animal-equivalents (see below) to a simple registration with the prefecture rather than the more restrictive authorization process. The organizations filed a petition to annul the decree on the grounds of abuse of power in early March 2014. According to them, the change to the classified installations for environmental protection classification (category 2102 for pig farming) effectively dispenses operators with the impact assessments, hazard analyses, and public hearings required under the authorization procedure. Furthermore, the general requirements applicable to high-risk facilities are not sufficient to prevent the resulting hazards or adverse effects, particularly with regard to the release into the environment of pollutants containing phosphorus and nitrogen. The prefect, however, retains the authority to switch the procedure from registration to authorization if he or she determines that the site chosen for the facility is located within a sensitive environmental area, in the event of multiple projects in the same area, or if the operator requests an adjustment to the standardized requirements applicable to them. Facilities subject to registration benefit from a review period of approximately four months, during the public consultation phase, whereas for those subject to authorization, this period exceeds one year due to the individualized requirements imposed. The purpose of the simplified authorization is indeed to streamline administrative procedures, particularly for livestock operations which, despite the significant environmental risks they pose, are able to prevent such risks by complying with standard requirements established prior to their establishment. At the local level, it is the Departments of the Departmental Directorates for the Protection of Populations (DDPP) that, under the authority of the prefect, enforce the administrative measures ensuring compliance with these regulations.

Bolstered by the Council of State’s decision, the government is expected to extend the application of the registration system to poultry farms in the near future.

  * Council of State Decision No. 375961, issued on April 17, 2015.** Decree No. 2013-1301 of December 27, 2013, amending the nomenclature of facilities classified for environmental protection, which entered into force on January 1, 2014, with the exception of the amendments to section 2102 (pig farms), which will take effect on the date of publication of the order establishing the general requirements applicable to facilities subject to the registration regime under this category (as consolidated as of April 29, 2015).  

Definitions

Animal-Equivalents

Fattening pigs, young sows prior to their first mating, and animals in breeding or selection herds count as 1 animal-equivalent. Breeding stock, sows (females that have been mated or have undergone parturition), and boars (breeding males) count as 3 animal-equivalents. Weaned piglets weighing less than 30 kg before entering fattening or breeding programs count as 0.2 animal-equivalents.

classified installation for environmental protection

Classified facilities for environmental protection are farms or industrial operations that may pose risks and cause pollution or nuisances, both to the safety and health of nearby residents and to the environment.