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Insurance for ICPE-classified businesses

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Insuring ICPE-classified businesses

Each ICPE sector (Installations Classified for the Protection of the Environment) carries its own specific risks. To uphold the “polluter pays” principle, French lawmakers introduced a 2008 law imposing “environmental responsibility for businesses.” In the event of actual accidents or genuine potential risks, the law mandates immediate action to protect the environment, property, and people. Naturally, the required work is funded by the business, with the inherent risk of revenue loss during business interruption. TCA Assurances, an insurance specialist in ICPE, keeps you informed.

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SPECIFIC INDUSTRIAL ACTIVITIES

Solutions tailored to your needs

The “Specific Industrial Activities” department at TCA Assurances provides solutions adapted to your needs and expectations. Indeed, liability insurance policies do not systematically cover environmental liability. It is therefore recommended to take out environmental liability coverage to cover prevention and remediation costs for environmental damage attributed to the company.

Depending on the insurance contracts, some prevention and/or remediation costs and actions may be covered, including :

  • the cost of damage assessment,
  • prevention and remediation measures,
  • study costs to determine remediation actions,
  • administrative, legal, and enforcement expenses,
  • data collection costs,
  • general expenses and monitoring costs, such as restoration work oversight.

Hence, finding specialised ICPE insurance that adapts in case of business interruption is essential!

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À chaque secteur ICPE (Installation Classée pour la Protection de l’Environnement) existe un risque spécifique. Afin de respecter le principe du pollueur payeur, les législateurs votent en 2008 une loi impliquant la « responsabilité environnementale pour les entreprises ». En cas d’accidents effectifs ou de risques potentiels réels, la loi impose des actions immédiates pour préserver l’environnement, les biens et les personnes. Bien entendu, les travaux obligatoires sont financés par l’entreprise avec le risque inhérent de perte de chiffre d’affaire lors d’un arrêt d’exploitation. TCA Assurances, assurance spécialisée ICPE, vous informe.

What is an ICPE-classified business?

In France, an ICPE-classified business is a facility presenting potential dangers or nuisances to the environment. Current laws and regulations aim to preventively reduce risks by imposing preventative measures on the 500,000 businesses concerned.

The Different Types of Declarations

There are three types of ICPE classifications:

  • Businesses subject to declaration
  • Businesses subject to registration and guidelines
  • Businesses requiring authorization

Type D Declaration for ICPEs

This category includes businesses presenting minimal environmental risks. Management submits a declaration file to the prefecture containing legal information, detailed activities, and waste treatment methods (solid, liquid, or gaseous). Following a compliance review, the prefecture issues an acknowledgment of the declaration and applicable general requirements for the facility.

Declaration with Periodic Inspection (DC)

Some facilities under the declaration regime are periodically inspected for compliance. These inspections are conducted by an accredited body chosen by the business’s management. Major non-compliance cases are reported by the accredited body to the prefect.

Registration (E)

ICPE businesses subject to registration must submit a file to the prefecture proving compliance with standardised ministerial technical requirements concerning the facility’s overall environmental impact. Relevant authorities then provide either positive or negative feedback.

Authorization (A)

In addition to detailed procedures, the ICPE must provide manufacturing processes and hygiene and safety prescriptions for personnel. Decisions are made collectively by authorities and the prefect, who issues an authorization order outlining the requirements for analysis, incident response, and other obligations.

Authorization with Public Utility Easements (AS)

SEVESO 2 sites: There are two types of AS-classified sites, known as SEVESO sites: “upper-tier” and “lower-tier” establishments. According to the decree of May 10, 2000, an “upper-tier” establishment is one where hazardous substances are present in quantities equal to or exceeding the defined thresholds for these substances.

Classified installations fall into two categories:

1. Use or storage of certain substances (e.g., pesticides, environmentally harmful products)
2. Type of activity (e.g., food processing, agriculture, waste management).

Legislation governing classified installations delegates authority to the State, represented by the prefect, who authorises or denies installation operations, regulates compliance, conducts inspections, and imposes sanctions.

Businesses Covered by the Three Legal Classifications

This includes all industrial sectors. In food processing, it includes businesses Specialising in producing food products and animal-based goods like slaughterhouses and dairies. Heavy industries such as wood processing, energy production, building materials manufacturing, steelworks, and pharmaceuticals are also classified. Finally, waste management companies (by definition) are ICPEs. A comprehensive list is available here.

How to Respond to an Incident in an ICPE Business ?

After a serious incident, businesses often face partial or total activity suspension. Business interruption insurance compensates for revenue loss, allowing the company to cover fixed expenses such as amortisation, taxes, rents, salaries, and loan interest. This coverage helps businesses manage additional costs directly resulting from the incident.

Events Commonly Covered by Business Interruption Insurance

  • Fire, explosion, lightning
  • Electrical accidents
  • Water damage
  • Machinery breakdown
  • Storms
  • Natural disasters (mandatory coverage)
  • Motor vehicle accidents
  • Riots and civil disturbances, vandalism
  • Terrorist acts (mandatory coverage upon subscription)

TCA Assurances, the insurance provider for ICPE-classified businesses, offers personalised solutions to meet all your needs. Feel free to contact our teams!

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