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2.3 The other actors in the area
of information
2.3.1 The BNI Local Information Committees (CLI)
Operating framework
The CLIs have a general duty of monitoring, information
and consultation concerning nuclear safety, radiation
protection and the impact of nuclear activities on humans
and the environment with regard to the installations of
the site(s) that concern them.
The operating framework of the CLIs is defined by Articles
L. 125-17 to L. 125-33 of the Environment Code and
by Decree 2008-251 of 12th March 2008 relative to the
CLIs for the BNIs.
The CLIs, whose creation is incumbent upon the President
of the
conseil départemental
(departmental council),
comprise various categories of members: representatives
of departmental councils, of the municipal councils or
representative bodies of the groups of municipalities
and conseils régionaux (regional councils) concerned,
members of Parliament elected in the
département
,
representatives of environmental or economic interest
protection associations, employee andmedical profession
union organisations, and qualified personalities. The
representatives of Government departments, including
ASN, and of the licensee have an automatic right to
participate in the work of a CLI, in an advisory capacity.
The CLIs are chaired by the President of the departmental
council or by an elected official from the
département
designated by him for this purpose.
The CLIs receive the information they need to
function from the licensee, from ASN and from the
other Government departments. They may request
expert assessments or have measurements taken on
the installation’s discharges into the environment.
The CLIs are financed by the regional authorities and by
ASN. ASNdevotes about one million euros per year to the
financial support of the CLIs and their federation. Within
the framework of its reflection on the financing of the
oversight of nuclear safety and radiation protection, ASN
has again suggested to the Government the application
of the provision of the TSN Act to add to the budget of
the CLIs with association status (there are about ten
of them) with a matching contribution of funds from
the BNI Tax; however, this provision has not yet been
implemented.
ASN support is not restricted simply to financial aspects.
ASN considers that the good functioning of the CLIs
contributes to safety. ASN also aims to ensure that the CLIs
receive information that is as complete as possible. It also
invites CLI representatives to take part in inspections.
Within the present framework, only the access right
to facilities by ASN inspectors can be enforced upon
the licensees, therefore the participation of observers
from CLIs is subject to the agreement of the licensees.
ASN encourages BNI licensees to facilitate CLI access
– as early as possible – to the procedure files for which
the opinion of the CLIs will be required, so that they
have sufficient time to develop a well-founded opinion.
Similarly, ASN considers that the development of a
diversified range of expertise in the nuclear field is
essential if the CLIs are to be able to base their opinions,
when needed, on the work of experts other than those
called on by the licensee or ASN itself.
All BNI sites have a CLI, except for the Ionisos facility
in Dagneux in the Ain
département
.
This means that there are 35 CLIs coming under the
Environment Code. To this total we must add the Bure
underground laboratory CLIS (Local Information and
Monitoring Committee), created in application of
Article L. 542-13 of the Environment Code and whose
composition and role are similar to those of a CLI.
For the nuclear sites concerning defence, which
are regulated by the DSND, Articles R. 1333-38 and
R. 1333-39 of the Defence Code provide for the creation
of information committees quite similar to the CLIs but
whosemembers are appointed by the State and not by the
President of the departmental council. There are about
fifteen such committees. For the Valduc site, in addition
to the information committee there is also an associative
consultation structure called the Seiva (Structure for
exchanges and information on Valduc).
ENERGY TRANSITION FOR GREEN
GROWTH ACT
This Act provides for diverse provisions concerning the CLIs:
• Their right to address all questions within their competence
without referral to a higher authority will now be explicitly
written in the Act.
• The CLIs will also be able to visit the installations, either for
a general presentation of their functioning or following an
incident or accident to obtain an explanation of the causes
and effects of the event.
• All the CLIs must also hold at least one public meeting per
year.
• Lastly, the composition of the CLIs in
départements
situated
on a national border shall be supplemented to ensure better
representation of the neighbouring countries concerned.
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CHAPTER 06:
FROM INFORMATION TO TRANSPARENCY AND PUBLIC PARTICIPATION
ASN report on the state of nuclear safety and radiation protection in France in 2015