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national framework and sets various requirements for
the States, the safety regulators and the licensees. By the
23rd August 2013 deadline set by this Directive for its
transposition into the laws of theMember States, most of
this Directive had been transposed into French law. The
additional legislativemeasures necessarywere implemented
by Ordinance 2016-128 of 10th February 2016.
For the drafting of these twoDirectives, the institutions of
the European Union benefit from the work done by the
WENRA association (see Chapter 7, point 2.8).
3.1.3 National texts
The legal system applicable to the BNIs was revised in
depthbyAct 2006-686of 13th June 2006on transparency
and security in the nuclear field, called the “TSNAct”, and
its application decrees, and in particular Decree 2007-
1557 of 2nd November 2007, concerning BNIs and the
regulation of nuclear safety in the transport of radioactive
substances, called the “BNI Procedures Decree”.
Since 6th January 2012, the provisions of the three main
Acts that specifically concern BNIs – Act 2006-686 of
13th June 2006on transparency and security in the nuclear
field (called the “TSN Act”), Planning Act 2006-739 of
28th June 2006 relative to the sustainablemanagement of
radioactivematerials andwaste (called the “WasteAct”), and
Act 68-943 of 30thOctober 1968 relative to civil liability
in the field of nuclear energy (called the “RCNAct”) - have
been codified in the Environment Code.
Title VI and a few provisions of Title VIII of the TECV
Act and Ordinance 2016-128 of 10th February 2016
constituting various nuclear provisions,make substantial
modifications to the legislative framework for regulationof
nuclear activities, BNIs inparticular. ASNwill again assist
the Ministry responsible for the Environment with the
drafting of regulatory texts clarifying these new legislative
provisions and with drafting of the regulatory part of the
Environment Code with regard to nuclear matters.
Environment Code
Theprovisions of Chapters III, VandVI of Title IXof BookV
of the Environment Code underpin the BNI licensing and
regulation system.
The legal systemapplicable toBNIs is said tobe “integrated”
because it aims to cover the preventionor control of all the
risks and detrimental effects, whether or not radioactive,
that a BNI could create for man and the environment.
About fifteen decrees specify the legislative provisions of
Title IXof BookVof the Environment Code, in particular
Decree 2007-830 of 11th May 2007 concerning the list
of BNIs and Decree 2007-1557 of 2nd November 2007
as amended, concerning BNIs and the regulation of the
nuclear safety of the transport of radioactive substances,
known as the “BNI Procedures Decree” (see below).
The provisions of Chapter II of Title IV of Book V of the
EnvironmentCode(drawninparticularfromthecodification
of the “Waste Act”) introduce a coherent and exhaustive
legislative framework for themanagement of all radioactive
waste.
“BNI Procedures Decree” of 2nd November 2007
Decree 2007-1557 of 2nd November 2007 concerning
BNIs and regulation of the nuclear safety of the transport
of radioactive substances, implements Article L. 593-43
of the Environment Code.
It defines the framework in which the BNI procedures
are carried out and covers the entire lifecycle of a BNI,
fromits creation authorisation and commissioning, to final
shutdown, decommissioning and delicensing. Finally, it
determines the relations between theMinister responsible
for Nuclear Safety and ASN in the field of BNI safety.
TheDecreeclarifiestheapplicableproceduresforadoptionof
the general regulations and for issuing individual resolutions
concerning BNIs. It defines how the Act is implemented
with regard to inspections, policing and administrative or
ENERGY TRANSITION
FOR GREEN GROWTH ACT
Ordinance 2016-128 of 10th February 2016 constituting
various nuclear provisions, ensures the transposition of several
Directives with respect to the TECV Act.
Issued on the basis of the authorisation given in the TECV Act,
the Ordinance of 10th February 2016 comprises measures
which, with respect to the Act, transpose the following
European Directives into French law:
• Council Directive 2011/70/Euratom of 19th July 2011
establishing a European Community framework for the
responsible and safe management of spent fuel and
radioactive waste.
• Directive 2014/87/Euratom, modifying
Directive 2009/71/Euratom of 25th June 2009
establishing a Community framework for the nuclear
safety of nuclear facilities;
• Directive 2010/75/EU of 24th November 2010
(known as the “IED Directive”) concerning industrial
emissions;
• Directive 2012/18/EU of 4th July 2012 (known
as the “Seveso III” Directive) on the control of major
accident hazards involving dangerous substances.
The IED and Seveso III Directives are the two European
environmental protection instruments applying to industrial
installations. The purpose of the first is to reduce pollutant
emissions during normal operation, while the second is
designed to mitigate the consequences of a major accident
on human health and the environment.
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CHAPTER 03:
REGULATIONS
ASN report on the state of nuclear safety and radiation protection in France in 2015