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Page Background

for the nuclear security of nuclear

installations, revised in July 2014.

At a national level, the legal

framework for nuclear activities

has been extensively modified in

recent years, most latterly with

the adoption of the 17th August

Energy Transition for Green Growth

Act (TECV) and the publication of

the Ordinance of 10th February

2016 containing various nuclear-

related provisions. The main texts

are contained in the Public Health

Code and the Environment Code.

Other texts are more specialised,

such as the Labour Code, which

deals with radiation protection

of workers, or the Defence Code,

which contains provisions regarding

defence-related nuclear activities or

the prevention of malicious acts.

Finally, various texts apply to certain

nuclear activities but without being

specific to them.

The activities or situations regulated

by ASN include a number of different

categories presented below, along

with the relevant regulations.

Small-scale nuclear activities:

this category covers the many

fields that use ionising radiation,

including medicine (radiology,

radiotherapy, nuclear medicine),

human biology, research, industry

and certain veterinarian, forensic or

foodstuff conservation applications.

The Public Health Code created

a system of authorisation or

notification for the manufacture,

possession, distribution (including

import and export), and utilisation

of radionuclides. ASN grants

the licenses and receives the

notifications. The Ordinance

of 10th February 2016 added a

system of registration mid-way

between authorisation/licensing

and notification.

The general rules applicable

to small-scale nuclear facilities

are the subject of ASN statutory

resolutions. Thus, in 2015, ASN

expanded the list of activities

requiring notification and specified

the rules for registering and

monitoring radioactive sources.

Exposure of individuals to

radon:

human protection is based

primarily on the obligation of

monitoring in geographical areas

where the concentration of naturally

occurring radon can be high. This

monitoring is mandatory in certain

premises open to the public and in

the workplace. A strategy to reduce

this exposure is necessary, should

the measurements taken exceed

the action levels laid down in the

regulations. In 2015, ASN adopted

two statutory resolutions concerning

radon measurement.

Basic Nuclear Installations (BNIs):

these are the most important nuclear

facilities; they are the facilities of

the nuclear electricity generating

sector (nuclear power plants, main

facilities of the “fuel cycle”), the large

storage and disposal facilities for

radioactive substances, certain

research facilities and the large

accelerators or irradiators. There

are nearly 150 of them, spread over

about 40 sites.

The legal regime for the BNIs is

defined by section IX of Book V

of the Environment Code and its

implementing Decrees. This regime

is said to be “integrated” because

it aims to prevent or manage all

risks and detrimental effects that a

BNI is liable to create for humans

and the environment, whether

or not radioactive in nature. It in

particular requires that the creation

of a BNI be authorised by a decree

issued on the advice of ASN and

that ASN authorise start-up of the

installation, stipulate requirements

regarding its design and operation

with respect to protection of the

population and the environment

and authorise delicensing of the

installation.

The TECVAct modified the oversight

of BNI decommissioning bymaking a

distinction between final shutdown,

decided on by the licensee, and

decommissioning, the conditions

of which are stipulated in a decree

issued on the advice of ASN and

based on a file submitted by the

licensee, in compliance with the

principle of immediate dismantling

which is now enshrined in law.

ASN is working on a revision of the

BNI general technical regulations:

after publication of the Ministerial

Order of 7th February 2012 setting

the general rules applicable to BNIs,

ASN thus initiated the publication of

about fifteen statutory resolutions;

in 2015, it adopted two resolutions

concerning waste management and

the content of the BNI safety analysis

report. This system is supplemented

by guides, which are not legally

binding and which present ASN

policy; twenty guides have so far

been published.

Pressure equipment specially

designed for BNIs is subject to

special rules updated in 2015 by

the publication of the Decree of

1st July 2015 and the order of

30th December 2015.

The transport of radioactive

substances:

the safe transport of

radioactive substances is based on

the “defence in depth” principle

involving on the one hand the

packaging and its content, which

must withstand the foreseeable

transport conditions, and on the

other the means of transport and

its reliability, plus the response

measures deployed in the event of

an incident or accident.

The regulations concerning the

transport of radioactive materials are

based on the IAEA recommendations

integrated into the international

agreements covering the various

modes of dangerous goods

transport. At a European level, the

regulations are grouped into a single

24th September 2008 Directive,

transposed into French law by an

amended Order dated 29th May

2009, known as the “TMD Order”.

ASN is in particular responsible for

approving package models for the

most dangerous shipments.

Contaminated sites and soils:

the

management of sites contaminated

by residual radioactivity warrants

specific radiation protection

measures, in particular if remediation

is envisaged. Depending on the

current and future uses of the site,

decontamination objectives must

21

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

SIGNIFICANT EVENTS IN 2015