107 / 536
TheOrder of 25thMay 2005 defines the list of professional
activities using raw materials naturally containing
radionuclides, the handling of which can lead to significant
exposure of the general public or of workers
3
.
For these activities, the Public Health Code requires an
estimationofthedosestowhichthegeneralpublicisexposed
onaccountoftheinstallationortheproductionofconsumer
goodsor constructionmaterials (see chapter1). Inaddition,
and if protection of the public so warrants, it will also be
possibletosetradioactivitylimitsfortheconstructionmaterials
andconsumer goodsproducedby someof these industries
(Article R. 1333-14 of the Public HealthCode). This latter
measure complements the banon the intentional addition
of radioactive materials to consumer goods.
For theoccupational exposure resulting fromthese activities,
the Labour Code requires a dose assessment to be carried
out under the responsibility of the employer. Should the
dose limit of 1 mSv/year be exceeded, steps to reduce
exposure should be taken. The above-mentioned Order
of 25th May 2005 specifies the technical procedures for
evaluating the doses received by the workers.
Finally, the Labour Code (Article R. 4451-140) stipulates
that for aircrews likely to be exposed tomore than 1mSv/
year, the employermust evaluate the exposure, take steps to
reduce it (particularly in the event of a declaredpregnancy)
and informthe personnel of the health risks. The order of
7thFebruary2004defines theprocedures for implementing
these measures. The transposition of the new Euratom
Directive 2013/59/Euratomshould lead to these activities
being subject to the legal system for nuclear activities as
defined in Article L. 1333-1 of the Public Health Code.
3. THE LEGAL SYSTEM APPLICABLE
TO BASIC NUCLEAR INSTALLATIONS
BasicNuclear Installations (BNIs) are installationswhich,
due to their nature or to the quantity or activity of the
radioactive substances they contain, are subject toparticular
provisions in order to protect the general public and the
environment.
3. This concerns: the combustion of coal in coal-fired power stations;
the treatment of tin, aluminium, copper, titanium, niobium, bismuth
and thorium ores; the production of refractory ceramics and the
glasswork, foundry, iron and steel and metallurgy activities that
use them; the production or use of compounds containing thorium;
the production of zircon and baddaleyite, and the foundry and
metallurgy activities that use them; the production of phosphated
fertilisers and phosphoric acid; the treatment of titanium dioxide;
the treatment of rare earths and the production of pigments
containing them; the treatment of underground water by filtration
for the production of water for human consumption and mineral
waters and spas.
3.1 The legal bases
3.1.1 International conventions and standards
Onproposals frommember States, IAEAdevelops reference
texts called “Safety Standards” describing safety principles
andpractices. They concern installation safety and radiation
protection, the safety of wastemanagement and the safety
of radioactive substances transportation. Although these
documents are not binding, theydononetheless constitute
references which are widely drawn on in the drafting of
national regulations.
Several legislative and regulatory provisions relative to
BNIs are derived fromor take up international conventions
and standards, and notably those of IAEA.
Two Conventions deal with safety (Convention on
Nuclear Safety and Joint Convention on the Safety of
Spent Fuel Management and the Safety of Radioactive
Waste Management), while two others deal with the
operational management of the consequences of any
accidents (Convention on early notification of a nuclear
accident and Convention on assistance in the case of a
nuclear accident or radiological emergency). France is a
contracting party to these four international Conventions.
These Conventions are presented in detail in chapter 7.
The new Euratom Directive and the Public Health
Code (protection of the population)
The Euratom Directive does not modify the limits of public
exposure to ionising radiation (1 mSv/year). It does however
introduce:
• a new regulatory framework for regulating natural
radioactivity in construction materials: new regulations will
need to be prepared in France;
• the obligation of establishing a national radon action plan
(already in place in France, see chapter 1) but also of reducing
the reference level from 400 bq/m
3
to 300 bq/m
3
.
• in the nuclear activities system, the need to include
professional activities which use materials containing
naturally-occurring radionuclides not used for their radioactive
properties.
France already has a national radon action plan, which is part
of the National Environmental Health Risks prevention Plan
(PNSE) specified in Article l.1311-6 of the Public Health Code.
The third national radon action Plan for the period 2016-2019
is currently under preparation. It will take account of the
requirements of Appendix XVII of the Directive.
UNDERSTAND
107
CHAPTER 03:
REGULATIONS
ASN report on the state of nuclear safety and radiation protection in France in 2015