ASN Report 2017

89 ASN report on the state of nuclear safety and radiation protection in France in 2017 Chapter 03  - Regulations in operation, technological developments and the results of research on nuclear safety if they are available and relevant” . In accordance with Article L. 125-13 of the Environment Code, “the State ensures that the public is informed of risks linked to nuclear activities defined in the first paragraph of Article L. 1333-1 of the Public Health Code and of their impact on individual health and safety as well as on the environment” . The general principles applicable to nuclear activities are mentioned in turn in Articles L. 591-3 and L. 591-4 of the Environment Code. These principles are presented in point 1.1 of chapter 2. Chapter II of Title IX of Book V of the Environment Code creates ASN, defines its general duties and attributions, and specifies its composition and operation. Its missions are presented in points 2.3.1 and 2.3.2 of chapter 2. Chapter V of Title II of Book I of the Environment Code addresses information of the public about nuclear security. This subject is developed in greater detail in chapter 6. Other codes or acts containing requirements specific to nuclear activities The Labour Code defines specific requirements for the protection of workers, whether or not salaried, exposed to ionising radiation. They are presented in point 1.2.1 of this chapter. Chapter II of Title IV of Book V of the Environment Code, which codifies Planning Act 2006-739 of 28th June 2006 concerning sustainable management of radioactive materials and waste, sets the framework for the management of radioactive materials and waste. It obliges the BNI licensees to make provision for the cost of managing their waste and spent fuel, and for decommissioning their facilities. Chapter 16 describes the main contributions of this act in detail. Finally, the Defence Code contains various measures concerning protection against malicious acts in the nuclear field, or the regulation of defence-related nuclear activities and installations. They are presented in point 5.3 of this chapter. The other regulations concerning nuclear activities Some nuclear activities are subject to a variety of rules with the same goal of protecting individuals and the environment as the above-mentioned regulations, but with a scope that is not limited to the nuclear field alone. This for example includes International Conventions, European or Environment Code provisions concerning impact assessments, public information and consultation, and the regulations governing hazardous materials transport or pressure equipment. Signed on 25th June 1998 in Aarhus (Denmark), the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention), was ratified by France on 8th July 2002 and entered into force in France on 6th October 2002. With the aim of helping to protect the right to live in a clean environment that guarantees health and wellbeing, the signatory States guarantee the right of access to information about the environment, public participation in the decision-making process and access to justice in environmental matters. In line with the Aarhus Convention, Article 7 of the Environment Charter states that “everyone has the right, within the conditions and limits defined by the law […] to take part in the drafting of public decisions with an impact on the environment” . Most of the resolutions issued by ASN, whether statutory or individual, fall within this category. Articles L. 123-19-1 and L. 123-19-2 of the Environment Code set the conditions and limits for implementation of the principle of public participation in the ASN regulations and licensing decisions with an impact on the environment. In both cases, these are “subsidiary” public participation procedures, in other words, procedures which apply if specific texts do not stipulate a particular procedure. For ASN regulations with an impact on the environment, Article L. 123-19-1 of the Environment Code requires that the draft regulation be made available to the public in electronic format for a time which may not be less than 21 days, except in the event of urgency relating to protection of the environment, public health or public order. For licensing decisions with a direct or significant impact on the environment, Article L. 123-19-2 of the Environment Code, requires that the draft decision or, when the decision is issued on request, the corresponding file, be made available to the public in electronic format for a time that may not be less than 15 days except in the case of urgency relating to protection of the environment, public health, or public order. ASN ensures that conditions favourable to participation of the public are created in the drafting of its regulations and decisions. (See chapter 6).