ASN Report 2020

TEXTS ISSUED PURSUANT TO THE LABOUR CODE The Order of 28 January 2020 modifying the Order of 15 May 2006 as amended concerning the conditions for the demarcation and signage of monitored and controlled zones, called “demarcated zones” in the light of exposure to ionising radiation , brings the provisions of the Order of 15 May 2006 into line with the provisions of the Labour Code regarding the demar­ cation of zones for ionising radiation reasons. The provisions that contradicted the Labour Code or were redundant, were thus deleted. This is notably the case with the provisions relating to: ∙ the exposure levels used to define the zones and the transfer of radioactive materials, which are now set in the Labour Code; ∙ the conditions for access to the zone and the health and safety rules in the regulated zones which were deleted to take account of the new provisions of the Labour Code and those which exist in common law. The entry into force of the modified Order rendered applicable all the provisions of the Labour Code regarding demarcation of zones. The Order of 23 October 2020 regarding measurements taken for the assessment of risks and checks on the effectiveness of the prevention means put into place for the protection of wor- kers against the risks from ionising radiation is implemented pursuant to Article R. 4451-51 of the Labour Code. It specifies the methods for taking measurements for risk assessment. The Order reorganises the procedures and the conditions for perfor­ mance of technical inspections, henceforth called “verifications”, by making them proportional to the scope of the implications for worker radiation protection. An accredited organisation is only required at commissioning of the installation and the wor­ king equipment, as well as after any major modification of them liable to affect the health and safety of the workers. Finally, the employer may use the company’s own resources for the periodic verifications, notably by or under the supervision of its Radiation Protection Advisor. 1.2.2 Basic Nuclear Installations The Order of 7 February 2012 setting the general rules concerning Basic Nuclear Installations (“BNI Order”) Revision work on this Order began in 2019 and continued in 2020 with the drafting of proposals for changes to the Order. Proposals were made taking account of feedback from application of the Order over the previous 6 years and the observations and proposed changes from the licensees. All the stakeholders will be consulted on the draft modifying Order. 1.2.3 The security of radioactive sources The Order of 24 June modifying the Order of 29 November 2019 relating to the protection of sources of ionising radiation and batches of radioactive sources of categories A, B, C and D against malicious acts, postponed the initial application deadlines by 6 months, because of the first health emergency period and in particular the legal protection period created on this occasion. 1.2.4 Transport of radioactive substances The Order of 29 May 2009 relating to the Transport of Dangerous Goods by land (“TMD Order”) was modified by the Order of 10 December 2020 creating exemptions to certain provisions of the Order of 29 May 2009 relating to the transport of dangerous goods by land so that, in addition to incorporating amendments to the international regulations and updating obsolete regulatory or technical references, a dematerialised procedure is introduced to appoint Safety Advisors for the Transport of Dangerous Goods (CSTMD – Article 6 of the TMD Order). The Order of 25 November 2020 modified the Order of 6 February 2019 relating to the appointment of the body tasked with organising the initial examinations and renewal of the certificate for the Safety Advisor for Transport of Dangerous Goods by road, rail or inland waterway. Under 1.8.3.12.5 of the ADR Book, the examination leading to issue of the safety advisor certificate, organised by the competent authority or by an examining body appointed by it, may be carried out in part or in full, by means of an electronic examination. As technology has progressed rapidly in recent years, gradual dematerialisation of the safety advisor examination for the transport of dangerous goods is introduced. This dematerialisation will eventually allow: ∙ an increase in the number of examination sessions per year, offering a wider choice of examination locations, thus obviating the need for long journeys; ∙ an on-line registration, giving the candidate a greater choice of examination dates and locations; ∙ a significant reduction in the time needed to transmit the results. The Order of 17 November 2020 amended the regulation appended to the Order of 18 July 2000 regulating the Transport and Handling of dangerous goods in Seaports (RPM). The modification of the RPM represents an in-depth update of the provisions and references of the applicable texts in the case of a temporary stay by class 7 materials and objects. This update refers to both international texts (International Maritime Dangerous Goods Code – IMDG Code), and national provisions (Labour Code, Public Health Code, specific Orders, and their implementing texts). 36 ASN Report on the state of nuclear safety and radiation protection in France in 2020 REGULATORY NEWS