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End of mandatory consultation of INAO for ICPE projects
As part of the mission to protect delimited areas with an appellation of origin, the environmental code provided, via article R. 181-23, for consultation of the INAO for Installations Classées pour la Protection de l'Environnement (ICPE) subject to authorization. As of December 15, 2019, this article having been repealed, the competent authorities no longer have a regulatory obligation to consult INAO.
INAO consultation on these projects has therefore become optional. The Institute has therefore considered new ways of ensuring that SIQO issues can be taken into account by project developers.
Aside from any regulatory obligation, the Institute will continue to respond to the various requests from the State's investigating departments (DREAL, prefectures), in order to provide project developers with information on the issues relating to the SIQO present where an ICPE project is envisaged. It's then up to the relevant departments to incorporate the Institute's warnings into their decisions. In order to propose other ways of taking greater account of SIQO issues, INAO has decided to adopt a new approach:
- An active watch on emerging projects subject to public inquiry: using the official website that lists all projects subject to impact assessment: https://www.projets-environnement.gouv.fr/pages/home/, INAO is able to alert GDOs to projects with the greatest impact, so that they can make their views known during the public inquiry. In accordance with article L.642-22 of the French Rural Code, ODGs are fully entitled to comment on projects likely to affect SIQOs. INAO would like to point out that bipartite meetings between INAO and ODG can also be the occasion for constructive exchanges on this subject.
- The Institute wishes to enter into a partnership with the investigating commissioners, who have every opportunity to question INAO and hear its arguments. The Director of INAO has therefore sent a letter of awareness to the President of the Compagnie Nationale des Commissaires Enquêteurs. At a territorial level, enquiries can be made directly between the investigating commissioners and the Institute's territorial delegations.
- The INAO Director has also sent a letter to prefects, urging them to continue consulting the INAO to ensure that project developers take SIQO-related issues into account, when these projects are likely to affect one or more SIQOs.
These modalities will strengthen collaboration between ODGs and INAO for better defense and protection of terroir.