ASN Report 2015

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of 18thDecember 2013 concerningmilitary planning for
the years 2014 to2019 and constituting various provisions
concerning defence and national security.
Pursuant to Article L. 1333-15, defence-related nuclear
facilities and activities are:
• Secret Basic Nuclear Installations (SBNI);
• military nuclear systems;
• defence-related nuclear experimentation sites and
installations;
• the former nuclear experimentation sites in the Pacific;
• transport of fissile or radioactive materials involved in
nuclearweapons andnaval nuclear propulsion activities.
A large number of the provisions applicable to nuclear
activities governed by ordinary lawalso apply to defence-
related nuclear activities and installations; for example,
they are subject to the same general principles as all nuclear
activities governedbyordinary lawand the requirements of
the PublicHealthCode, including the systemof licensing
andnotification of small-scale nuclear activities, and they
concerndefence-relatednuclear activities and installations
in the same conditions as the ordinary lawactivities, except
for the fact that the licenses are granted by the Delegate
for Nuclear Safety and Radiation Protection for National
Defence Installations andActivities (DSND), reporting to the
Minister of Defence and theMinister of Industry.Oversight
of these activities and installations is the responsibility of
the personnel of the Defence Nuclear Safety Authority
(ASND) headed by the DSND.
Other provisions are specific to defence-related nuclear
activities and facilities. They are subject to particular
information rules inorder to complywith specific defence
requirements. Similarly, the installations on the list of BNIs,
butwhich are fall within the perimeter of anSBNI, by order
of the Prime Minister, are not subject to the BNI system
but to a special system defined by the Defence Code and
implemented by the ASND (see section 2 of Chapter III
of Book III of the first part of the Defence Code).
When nuclear facilities are no longer necessary for the
purposes of national defence, they are delicensed and
transferred to the BNI system. The Tricastin SBNI has
thus initiated a delicensing process, which should lead
to registration by ASNof newBNIs, the first of whichwill
be registered in 2016.
ASN and ASND maintain very close relations to ensure
consistency between the systems for which they are
responsible.
6. OUTLOOK
With regard to radiation protection, ASNplays an active
role in the transposition of the Euratom Directive on
basic standards. Since November 2013 it has acted as
secretary for the transposition committee. Over and above
these legislative subjects, dealt with by Ordinance, ASN
takes part in all the regulatory work initiated in 2014 to
update the Public Health Code, the Labour Code and
the Environment Code.
With regard to BNIs, in 2016 ASNwill be continuing the
considerable work to overhaul the general regulations
applicable to BNIs, as part of a gradual but nonetheless
significant process of evolution. The regulations will thus
be updated. They will include the WENRA “reference
levels” and best practices, in order to create a framework
that is clear, complete and uniform.
In the end, about twenty statutory resolutions and as
many guides will supplement and clarify the BNI Order of
7th February 2012 in order to create a common regulatory
foundation applicable to all BNIs, in line with the best
European standards. As part of the overhaul of the general
technical regulations applicable to BNIs, the basic safety
rules are gradually being replaced by ASN guides. The
work to identify the basic safety rules that can be repealed
and the guides to be updated will continue in 2016.
Following on from the process it began in 2014, ASN
will continue to support all the nuclear stakeholders. A
specific heading has been created on inwhich
ASN gives access to a certain number of documents and
provides a forumfor expressionby the various stakeholders
concerned by its implementation.
After the hearing given to the licensees by the ASN
Commission on 26th May 2015, ASN set up a process
to evaluate the existing regulations and analyse feedback
about the implementation of the texts already published. In
2016, ASNwill continue its discussions with the licensees
concerning the work to overhaul the general technical
regulations applicable to BNIs.
FollowingtheAugust2015adoptionoftheEnergyTransition
for GreenGrowthAct, which comprises a title devoted to
nuclear aspects, and the 10th February 2016 publication
of the Ordinance provided for in this Act, ASN will take
part in the work concerning the implementing decrees.
This will be an opportunity to initiate the codification of
the regulatory part of the BNI system.
125 CHAPTER 03: REGULATIONS
ASN report on the state of nuclear safety and radiation protection in France in 2015