ASN Report 2018

1 —  International news ∙ ∙ New IAEA regulations for the transport of radioactive materials – Special Safety Requirements N° SSR-6 – 2018 edition The International Atomic Energy Agency (IAEA) revised the regulations for the transport of radioactive materials. The new 2018 edition of these regulations more specifically extends the list of Surface Contaminated Objects (SCO) to extremely voluminous solid objects such as BNI steam generators, so that they can be transported with a high level of safety. The new IAEA provisions are incorporated into the 2019 editions of the various international agreements for the various transport modes, such as the European Agreement on the international carriage of dangerous goods by Road (ADR). The IAEA implementation guide for radioactive materials transport regulations, No. SSG-26, will be updated accordingly in 2019. 2 —  National news 2.1  ̶ Acts ∙ ∙ Act 2018‑670 of 30 July 2018 concerning the protection of trade secrets, which transposes Directive (EU) 2016/943 of the European Parliament and the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure , and its implementing Decree 2018‑1126 of 11 December 2018 creating a new general system for the protection of trade secrets (Articles L. 151‑1 to L. 154‑1 of the new Code of Commerce). “Trade secrets” enable companies to preserve the confidentiality of information which cannot benefit from protection under intellectual property law (patents, drawings and models, copyright), but which is nonetheless important in order to maintain their competitiveness. The new system defines the information liable to be protected, illicit behaviours and the preventive measures that could be requested before the courts. It aims to provide companies with a degree of protection, notably with respect to their competitors. The new provisions do not however constitute a radical change for ASN, in that it was already bound to respect “industrial and commercial secrecy” (the former terminology now replaced by trade secrets), a notion which was already present in the legislation specific to the communication of administrative documents and environmental information. In addition to a change in terminology, also worth noting is: ∙ ∙ whistle-blowers are no longer bound by trade secrecy; ∙ ∙ the use of information covered by trade secrecy (in particular that obtained from a whistle-blower) is licit when it is intended for the protection of a legitimate interest recognised by European or national law. ∙ ∙ Act 2018‑727 of 10 August 2018 on Building a State worthy of Societal Confidence (“ESSOC” Act) comprises measures with a direct effect on ASN. The Act now requires that a copy of the report of a breach of the Environment Code be transmitted, unless otherwise stipulated by the Public Prosecutor, to the infringing party within at least five days and no later than ten days following transmission of the report to the Public Prosecutor. In terms of environmental assessment, the Act now requires that when a project modification entails a case by case examination, the project manager shall refer to the administrative authority in charge of regulation and oversight (ASN for BNIs) so that this latter can, in place of the environmental Authority, determine whether or not the modification should or should not be subject to an environmental assessment. This concerns requests for significant modifications to BNIs liable to have notable negative impacts on the environment. The “right to request an inspection and the enforceability of this inspection” could possibly be used by a BNI licensee, a party responsible for the transport of radioactive substances or for a nuclear activity, but this possibility will probably be restricted on nuclear matters, owing to the restrictions and limitations on its effects provided for by the Act. Thus, anyone may ask to be the subject of an inspection as stipulated by the act or regulation “except in the case of dishonesty on the part of the applicant, an inappropriate request or when the effect of the request is clearly to compromise the correct functioning of the service or place the administration in a situation whereby it is incapable of correctly carrying out its inspection programme” . Even if the Act states that the express conclusions of this inspection may be enforceable on the administration, it also states that “these express conclusions cease to be enforceable: 1° In the event of a change in the subsequent legal or actual situation such as to affect their validity; 2° When the administration carries out a further inspection giving rise to new express conclusions” . In addition, the provisions on the enforceability of the inspection may not constitute an obstacle 2018 was marked by considerable activity on standards, more particularly concerning radiation protection, with the publication in June of three Decrees transposing Council Directive 2013/59/Euratom of 5 December 2013 setting Basic Standards for Health Protection against the dangers resulting from exposure to ionising radiation. In the field of Basic Nuclear Installations (BNI), ASN was closely involved in drafting a decree codifying the provisions applicable to BNIs, to the transport of radioactive substances and to nuclear transparency, which entailed extensive consultation with the stakeholders. Some international and national news should also be highlighted. Regulatory news 22  ASN report on the state of nuclear safety and radiation protection in France in 2018