ASN Report 2017

105 ASN report on the state of nuclear safety and radiation protection in France in 2017 Chapter 03  - Regulations sets various requirements for the States, the safety regulators and the licensees. This Directive was transposed in full into French law with the Ordinance of 10th February 2016. For the drafting of these two Directives, the institutions of the European Union benefited from the work done by the WENRA association and ENSREG/WG2 (European Nuclear Safety Regulators Group) respectively (see chapter  7, point 2.7). 3.1.3 National texts The legal system applicable to BNIs was revised in depth by Act 2006-686 of 13th June 2006 on Transparency and Security in the Nuclear field (TSN Act) and its implementing decrees, in particular Decree 2007-1557 of 2nd November 2007. Since 6th January 2012, all the legislative measures specifically concerning BNIs – the TSNAct, the 28th June 2006 Programme Act and Act 68-943 of 30th October 1968 on civil liability in the field of nuclear energy – are codified in the Environment Code. Title VI and a few provisions of Title VIII of the TECV Act and the Ordinance of 10th February 2016 constituting various nuclear provisions, made substantial modifications to the legislative framework for regulation of nuclear activities, BNIs in particular. ASN assists the Ministry responsible for Nuclear Safety in drafting regulatory texts clarifying these new legislative provisions: Decree 2016-846 of 28th June 2016 relative to the modification, final shutdown and decommissioning of Basic Nuclear Installations and to subcontracting and the draft decree relative to BNIs and nuclear transparency. This latter draft decree will create the regulatory part of the Environment Code relative to nuclear security and BNIs. Environment Code The provisions of Chapters III, V and VI of Title IX of Book V of the Environment Code underpin the BNI licensing and regulation system. The legal system applicable to BNIs is said to be “integrated” because it aims to cover the prevention or control of all the risks and detrimental effects, whether or not radioactive, that a BNI could create for man and the environment. About fifteen decrees specify the legislative provisions of Title IX of Book V of the Environment Code, in particular Decree 2007-830 of 11th May 2007 concerning the list of BNIs and Decree 830-1557 of 2nd November 2007. FOCUS The draft decree concerning BNIs and transparency in the nuclear field In 2017, ASN assisted the Ministry for Ecological and Solidarity-based Transition with the drafting of the regulatory part of the Environment Code concerning nuclear security and BNIs, which entails a draft decree codifying the following eight decrees in the Environment Code, essentially within the existing law: ཛྷ ཛྷ Decree 2007-830 of 11th May 2007 amended relative to the nomenclature of Basic Nuclear Installations; ཛྷ ཛྷ Decree 2007-831 of 11th May 2007 setting the procedures for appointing and qualifying nuclear safety inspectors; ཛྷ ཛྷ Decree 2007-1368 of 19th September 2007 concerning the secondment of certain civil servants to ASN on a part- time basis; ཛྷ ཛྷ Decree 2007-1557 of 2nd November 2007 concerning BNIs and the regulation of the transport of radioactive substances with respect to nuclear safety; ཛྷ ཛྷ Decree 2007-1572 of 6th November 2007 concerning technical inquiries into accidents or incidents concerning a nuclear activity; ཛྷ ཛྷ Decree 2008-251 of 12th March 2008 relative to Local Information Committees for Basic Nuclear Installations; ཛྷ ཛྷ Decree 2008-1108 of 29th October 2008 concerning the composition of the High Committee for Transparency and Information on Nuclear Security; ཛྷ ཛྷ Decree 2010-277 of 16th March 2010 concerning the High Committee for Transparency and Information on Nuclear Security. The draft decree also updates the regulatory procedures concerning BNIs currently regulated by Decree 2007-1557 of 2nd November 2007 in order more particularly to interface them with the new regulatory requirements regarding the environmental assessment of projects. It also: ཛྷ ཛྷ adds to the provisions concerning Local Information Committees (CLI) in order to include members from foreign States if the BNI site is located in a border département with provision made for the organisation of public meetings; ཛྷ ཛྷ allows definition of the conditions for the renewal of the ASN Commission pursuant to Act 2017-55 of 20th January 2017 concerning the general status of independent administrative authorities and independent public authorities; ཛྷ ཛྷ allows definition of the operation of the ASN sanctions commission and clarifies the procedures giving rise to administrative fines; ཛྷ ཛྷ allows clarification of the system applicable to BNIs, as a result of Directive 2010/75/EU of 24th November 2010 relative to industrial emissions or Directive 2012/18/ EU of 4th July 2012 concerning control of the dangers linked to major accidents involving substances (“Seveso 3 Directive”).