91 / 536
of Chapter III of Title III of Book III of the first part of the
Public Health Code concerning radiation protection to
be rewritten, while retaining the existing fundamental
principles and requirements. The Articles of the Public
HealthCodementioned in this chapter are those resulting
fromOrdinance 2016-128 of 10th February 2016.
The Public Health Code
The provisions of Chapter III of Ordinance 2016-128
of 10th February 2016, concerning nuclear activities
covered by the Public Health Code, enter into force at
a date set by decree of the Council of State, and no later
than 1st July 2017.
1.1 The regulatory basis of nuclear
activities
1.1.1 Radiation protection international
baseline requirements
The specific legal requirements for radiation protection
are based on various standards and recommendations
issued internationally by various organisations. The
following in particular can be mentioned:
•
The International Commission on Radiation Protection
(ICRP), a non-governmental organisation comprising
international experts in various disciplines, publishes
recommendations concerning the protection of workers,
the general public andpatients against ionising radiation,
based on an analysis of the available scientific and
technical knowledge, in particular that published by
UNSCEAR. The latest ICRP recommendations were
published in 2007 in ICRP Publication 103.
•
The International Atomic Energy Agency (IAEA)
regularly publishes and revises standards in the fields
of nuclear safety and radiation protection. The basic
requirements concerning protection against ionising
radiation and the safety of radiation sources, based on
the latest ICRP recommendations (Publication 103),
were published in July 2014.
•
The International StandardOrganisation (ISO) publishes
international technical standards constituting a major
component of the radiationprotection system. They form
the interconnection between the principles, concepts,
units of measurement and body of regulations for which
they guarantee harmonised application.
At the European level, the EURATOMTreaty, in particular
its Articles 30 to 33, defines the procedures for drafting
EU provisions concerning protection against ionising
radiation and specifies the powers and obligations of the
European Commissionwith respect to their enforcement.
The corresponding EuratomDirectives are binding on
the various countries, such as the new European Council
Directive 2013/59/Euratom of 5th December 2013
setting basic standards for health protection against
the hazards arising from exposure to ionising radiation.
This Directive, published in the
Official Journal of the
European Union
(JOUE) on 17th January 2014, repeals
Directives 89/618/Euratom, 90/641/Euratom, 96/29/
Euratom, 97/43/Euratom and 2003/122/Euratom.
1.1.2 The Codes and the main Acts applicable
to the regulation of nuclear activities in France
The legal framework for nuclear activities inFrance, which
has been extensivelymodified since 2000, will once again
be updated with the ongoing transposition of Directive
2013/59Euratom: Ordinance 2016-128of 10thFebruary
2016more specifically enabled the legislative provisions
The new 2013/59/Euratom Directive
of 5th December 2013
It supersedes the previous five Directives:
• Directive 89/618/Euratom of 27th November 1989
on informing the general public about health protection
measures to be applied and steps to be taken in the event
of a radiological emergency;
• Directive 90/641/Euratom of 4th December 1990 on
the operational protection of outside workers exposed
to the risk of ionising radiation during their activities in
controlled areas;
• Directive 96/29/Euratom of 13th May 1996 laying down
basic safety standards for the protection of the health of
workers and the general public against the dangers arising
from ionising radiation;
• Directive 97/43/Euratom of 30th June 1997 on health
protection of individuals against the dangers of ionising
radiation in relation to medical exposure, repealing
Directive 84/466/Euratom;
• and Directive 2003/122/Euratom of 22nd December
2003 on the control of high-activity sealed radioactive
sources and orphan sources.
It also takes account of the latest recommendations from
the International Commission on Radiological Protection
(ICRP 103) and the basic standards published by IAEA.
The Member States have a period of four years in which to
transpose this Directive (the transposition deadline is set for
6th February 2018). In November 2013, with the approval
of the Government, ASN set up a transposition committee for
this new Directive for which it now handles coordination and
technical secretariat duties. The committee’s first working
priority was the legislative changes to be made, in particular
to the Public Health Code. These changes were introduced
through the Ordinance of 10th February 2016 as provided for
in Article 128 of the Energy Transition for Green Growth Act
2015-992 of 17th August 2015.
Over and above these legislative subjects, ASN takes part in
all the regulatory work initiated in 2014 to update the Public
Health Code, the Labour Code and the Environment Code.
TO BE NOTED
91
CHAPTER 03:
REGULATIONS
ASN report on the state of nuclear safety and radiation protection in France in 2015