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3.4 Particular requirements

for the prevention of pollution

and detrimental effects

3.4.1 The OSPAR Convention

The international OSPAR Convention (resulting from

the merging of the Oslo and Paris conventions) is the

mechanism whereby the European Commission and

fifteen Member States, including France, cooperate

to protect the marine environment of the North-East

Atlantic. The strategic orientations for radioactive

substances consist in

“preventing pollution of the maritime

zone by ionising radiation by progressively and substantially

reducing discharges, emissions and losses of radioactive

substances. The ultimate aim is to achieve environmental

concentrations that are close to the ambient values in

the case of naturally occurring radioactive substances,

and close to zero in the case of man-made radioactive

substances”.

To achieve these objectives, the following

are taken into account:

the radiological impacts on humans and biota;

the legitimate uses of the sea;

technical feasibility.

Within the French delegation, ASN takes part in the

work of the committee tasked with assessing application

of this strategy.

3.4.2 The ESPOO Convention

The Convention on the assessment of environmental

impacts in a transboundary context,more commonly called

the “ESPOOConvention”, requires that the contracting

parties conduct an environmental assessment of the impacts

of activities liable to have a transboundary environmental

impact before licensing this activity and that they notify

the neighbouring country concerned of this assessment.

Certain nuclear facilities – such as NPPs, nuclear fuel

production or enrichment facilities, radioactive waste

disposal or reprocessing facilities – fall within the scope

of this Convention.

The ESPOOConventionwas adopted in1991 and entered

into force in September 1997.

3.4.3 ASN resolution 2013-DC-0360 of 16th July

2013 concerning the control of detrimental effects

and the health and environmental impact of BNIs

Resolution 2013-DC-0360 of 16th July 2013 concerning

the control of detrimental effects and the health and

environmental impact of BNIs supplements the

implementation procedures of Title IV of the BNI Order of

7th February 2012. Itsmain provisions concernmethods

for water intake and liquid or gaseous, chemical or

radioactive discharges, the monitoring of water intake

and discharges, environmental monitoring, prevention

of detrimental effects and information of the regulatory

authority and the public. With regard to environmental

protection, the BNI Order of 7th February 2012 and the

resolution of 16th July 2013 more specifically aim to

address the following main objectives or issues:

implement the integrated approach specified by law,

whereby the BNI systemgoverns all the risks, pollution

and detrimental effects created by these installations;

modify the regulations applicable to basic nuclear

installations prior to 1st July 2013;

incorporate into the regulations the requirements

applicable to the BNI licensees by certain individual

ASN decisions concerning water intake and effluent

discharge, in order to create amore general and uniform

framework;

set binding unified principles and rules applicable to

the BNIs;

for BNIs, adopt requirements at least equivalent to

those applicable to ICPEs and installations, structures,

works and activities (IOTA) concerned by the list

specified in Article L. 214-2 of the Environment Code,

more specifically those of the Order of 2nd February

1998 concerning water intake and consumption and

emissions of all types from installations classified

on environmental protection grounds subject to

authorisation, in accordance with the provisions of

the BNI Order of 7th February 2012;

adopt provisions, the implementation of which is such

as to guarantee the quality of the steps taken by the BNI

licensees for monitoring of their facilities (monitoring

of effluents and of the environment);

improve public information practices, making the

corresponding steps taken by the licenseesmore legible.

3.4.4 BNI discharges

BNI discharges management policy

Like all industries, nuclear activities (nuclear industry,

nuclear medicine, research installations, etc.) create

by-products, which may or may not be radioactive.

Steps are being taken tominimise their quantity through

reduction at source.

The radioactivity discharged in effluents represents a

marginal fraction of that which is confined in the waste.

118

CHAPTER 03:

REGULATIONS

ASN report on the state of nuclear safety and radiation protection in France in 2015