ASN Report 2020

15 April 2020 containing various provisions concerning deadlines to deal with the Covid-19 epidemic and Ordinance 2020-560 of 13 May 2020 setting the deadlines applicable to various procedures during the health emergency period ). The purpose of the provisions of these Ordinances was to guaran­ tee the continuity of the administration’s actions, while ensuring the regularity of the procedures and protection of the public. Ordinance 2020-306 of 25 March 2020 comprised a Part I devoted to the general provisions concerning the extension of deadlines and a Part II devoted to administrative deadlines and procedures. Article 1 of the Ordinance determined the “legal protection period”, that is the period considered when determining whether or not a deadline fell within the scope of the Ordinance. The other provisions of the Ordinance set the nature of the deadlines concerned and the way in which their calculation was affected. This “legal protection period” began on 12 March 2020 and ended on 23 June 2020, at midnight. The Ordinance, published on 26March 2020, was therefore retroactive, because it applied to current deadlines or those which expired on 12 March 2020. The Ordinance first of all made provision for postponement of the deadline for certain procedures or formalities. Thus the due dates by which procedures or formalities, etc., had to be completed, which should have been between 12 March and 23 June 2020, were extended as of the end of this period for the legally allowed duration, within a maximum of two months. The Ordinance did not therefore cancel the performance of a procedure or formality due within the legal protection period, but simply meant that the procedure performed within the additional time allocated was not considered to be late. For example , an application for renewal of an authorisations or submission of a review report, which should have taken place between 12 March and 23 June 2020, was to be completed no later than 23 August 2020 in order to be considered as having been done on-time. The Ordinance also stipulated that the authorisations and approvals in force, which would expire between 12 March and 23 June 2020, were extended until 23 August 2020, unless terminated or modified beforehand by ASN. For example, the authorisations issued pursuant to the Public Health Code, which expired during this period, were thus automatically extended until 23 August 2020. The Ordinance then comprised provisions which suspended or postponed certain procedural deadlines. This suspension of deadlines did not however suspend examination of the applications themselves, nor ASN’s ability to issue administrative documents. This possibility was however reserved for cases in which no public consultation or participation procedure is required, provided that the deadlines set for completion of these procedures were also suspended or postponed. Finally, the deadlines set by the administration, pursuant to the law and the regulations, for any person to carry out inspections and works or to comply with requirements of whatsoever nature were also suspended, from 12 March 2020 to 23 June 2020. These are deadlines set by individual resolutions, binding requirements, formal notices (etc.). The starting point for deadlines of the same type which should have begun to run during this same period was postponed until the end of said period. One provision included the possibility of an exception to the principle of deadline suspension, by a decree setting categories of documents, procedures and obligations for which, with a view to protection of the fundamental interests of the Nation, security, protection of individual and public health, preservation of the environment and protection of children and the young, the deadlines were restored. For example, the deadlines regarding certain inspection obliga­ tions for pressure equipment and nuclear pressure equipment, were restarted as of 3 April 2020. 1.2 Decrees and Orders 1.2.1 Radiation protection TEXTS ISSUED PURSUANT TO THE PUBLIC HEALTH CODE ▸ Ban on the addition of radionuclides The Order of 25 May 2020 granting an exemption to the ban on the addition of radionuclides set out in Article R. 1333-2 of the Public Health Code, for the addition of krypton-85 and thorium-232 in certain discharge lamps grants an exemption to the Dr Fischer Europe SAS, Lumileds France SAS, Osram Lighting, Signify France and Tungsram Lighting SAS on the ban on the addition of radionuclides, for the addition of krypton-85 and thorium-232 to certain discharge lamps. ▸ Radon The Order of 26 October 2020 regarding the communication of the results of analysis of the integrated radon measurement devices and the corresponding data to the Institute for Radiation Protection and Nuclear Safety (IRSN) implements Article R. 1333‑31 of the Public Health Code. It defines the nature of the data to be communicated by the accredited organisations for analysis of passive integrated radon measurement devices to the IRSN and specifies the data transmission procedures. ▸ Waters intended for human consumption The Order of 6 April 2020 modifying the Order of 5 July 2016 concerning the conditions for the approval of laboratories for the sampling and health checks on waters adapts the provisions of the Order of 5 July 2016 as amended, concerning the conditions for the issue of the approval by the Ministry for Health, regarding the measurement of radon-222 in waters until 31 December 2020. ASN Report on the state of nuclear safety and radiation protection in France in 2020 35 REGULATORY NEWS