ASN Report 2017

91 ASN report on the state of nuclear safety and radiation protection in France in 2017 Chapter 03  - Regulations programming with respect to this technical support and that its chairman be a member of the Institute’s board. Article L. 592-43 of the Environment Code introduces the principle of publication of all the opinions issued by IRSN at the request of ASN. “Early” entry into force in French law of the protocols signed on 12th February 2004, reinforcing the Paris Convention of 29th July 1960 and the Brussels Convention of 31st January 1963 concerning civil liability in the field of nuclear energy By modifying Articles L. 597-2 et seq. of the Environment Code, the Act of 17th August 2015 reinforces the civil liability of the licensees in the event of damage linked to a nuclear activity. Without waiting for entry into force of the 2004 protocols, pending their ratification by all the States of the European Union, this modification enforces certain provisions of the 2004 protocols, significantly re-evaluating the liability ceilings, which are raised from €23 million to €70 million for “low risk facilities” and from €91.50 million to €700 million for the other facilities. The law also extends its scope of application to new categories of installations (for example certain ICPE). Relationship between the BNI System and the Energy Code The Energy Code stipulates that authorisation is required for the operation of any electricity generating installation. For nuclear installations generating electricity, this authorisation is obtained independently of the commissioning authorisation granted by ASN pursuant to the Environment Code. As the nuclear electricity generating capacity is capped at 63.2 gigawatts (GW) by law (Article L. 311-5-6 of the Energy Code), Article L. 311-5-5 of this same Code stipulates that it is impossible to issue an operating authorisation pursuant to the Energy Code when this would have the effect of exceeding this maximum. As the 63.2 GW cap corresponds to the installed power in France, commissioning of new nuclear power reactors would thus imply the need to revoke the generating authorisation for existing reactors up to the value of the power of the new reactor. Revocation of the operating authorisation would lead to shutdown of the installation and, following a period of two years at the latest, would thereby lead to its final shutdown pursuant to Articles L. 593-24 et seq. of the Environment Code. The same Article L. 311-5-6 of the Energy Code also stipulates that when a nuclear power installation is subject to the BNI System, the operating authorisation application in accordance with the Energy Code must be submitted no later than 18 months before commissioning (as determined by Article L.593-11 of the Environment Code) and, in any case, no later than 18 months before the commissioning date mentioned in its creation authorisation decree. 1.2 The legal framework applicable to the various categories of individuals and the various situations involving exposure to ionising radiation The various exposure levels and limits set by the regulations are presented in the appendix to this chapter. 1.2.1 General protection of workers The Labour Code contains various specific provisions for the protection of workers, whether or not salaried, exposed to ionising radiation (Title V of Book IV of part IV), which supplement the general prevention principles. It establishes a link with the three radiation protection principles contained in the Public Health Code. The legislative part was only little affected by the transposition of Directive 2013/59/Euratom. However, it does introduce a new requirement in that the authorisations issued by ASN in accordance with the BNI Systems and the Public Health Code must be examined on the basis of information concerning occupational exposure, thus making it necessary to clarify the responsibilities of the employer and those of the party responsible for a corresponding nuclear activity. Articles L.1333-27 of the Public Health Code and L.593-42 of the Environment Code were thus introduced. They specify that the general rules, requirements, means and measures aimed at protecting the health of workers from ionising radiation, implemented pursuant to the Public Health Code and the legal framework applicable to BNIs, concern the collective protection measures to be taken by the party responsible for a nuclear activity and designed to ensure compliance with the radiation protection principles defined in Article L. 1333-2 of the Public Health Code. These measures concern the design, operation and decommissioning phases of the installation and are without prejudice to the obligations incumbent on the employer in application of Articles L. 4121-1 et seq. of the Labour Code. The regulatory part was entirely revised (Articles R. 4451-1 et seq.). Articles R. 4451-1 et seq. of the Labour Code create a single radiation protection system for all workers (whether or not salaried) liable to be exposed to ionising radiation during the course of their professional activities. The changes are not limited to the transposition of the new provisions of the Directive of 5th December 2013 but also propose an overhaul of the existing provisions. They aim for improved efficiency. Grading more closely matching the risks run by the workers was adopted, along with closer harmonisation between the approach applicable to the “ionising radiation” risk and that adopted for the other risks. The main changes are described below. Regulatory limits The exposure limit for the lens of the eye is reduced to 20 millisieverts (mSv)/year (instead of 150 mSv/year) although with a transitional period during which the exposure limit is set at 100 mSv over five years, without exceeding 50 mSv/year: this change reinforces the implementation of the optimisation