ASN Report 2018

to “the application of the legislative or regulatory provisions directly protecting public health, the safety of individuals and property or the environment” . 2.2  ̶ Decrees and Orders 2.2.1  –  Radiation protection Three Decrees were published on 5 June 2018, more particularly 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. They more specifically modify the regulatory parts of the Defence, Environment, Public Health and Labour Codes, and thus supplement the regulatory framework of certain nuclear activities: ∙ ∙ Decree 2018‑434 of 4 June 2018 implementing various nuclear provisions entirely modifies Chapter III of Part III of Book III of Part one of the Public Health Code (Articles R. 1333‑1 to R. 1333‑175). It comprises new measures reinforcing the general protection of the population, notably with regard to natural sources of ionising radiation, and of persons exposed for medical purposes. These new provisions transpose the provisions of the Directive of 5 December 2013 and create additional tools for reinforcing the effectiveness of the oversight of nuclear activities: the possibility of implementing land use restrictions on sites contaminated by radioactive substances and monitoring the protection of certain sources of ionising radiation (in particular those used in industry) against malicious acts. The main changes include those concerning: ∙ ∙ the administrative procedures covering the protection of sources against malicious acts (“source security”); ∙ ∙ the new system applicable to small-scale nuclear activities (medical, veterinary, industrial and research applications), with the introduction of the registration system (simplified licensing) in addition to the existing notification and authorisation systems, thus reinforcing the graded approach according to the potential issues involved. ∙ ∙ Decree 2018‑437 of 4 June 2018 concerning the protection of workers against the hazards of ionising radiation entirely modifies the provisions of Chapter 1 of Part V of Book IV of Part four of the Labour Code, which have been revised in full (Articles R. 4451‑1 to R. 4451‑135). The changes are not limited to the transposition of the new provisions of the Directive of 5 December 2013 but also propose a simplification of the existing provisions. More particularly, a grading of requirements 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 occupational risks. The main changes more specifically concern: ∙ ∙ regulatory limits: the limit for exposure of the lens of the eye is reduced to 20 mSv/year (from 150 mSv/year), although with a transitional implementation period of five years; ∙ ∙ the organisation of radiation protection; this is now based on the appointment of a “Radiation Protection Adviser” who, as chosen by the employer, may be either the Radiation Protection Expert/Officer, or a Certified Radiation Protection Organisation (OCR). ∙ ∙ Decree 2018‑438 of 4 June 2018 concerning protection against the risks from ionising radiation to which certain workers are exposed, modifying the health and safety rules for the prevention of risks arising from naturally occurring or artificial ionising radiation applicable to pregnant women, women who have recently given birth, or nursing women, and young workers, more particularly with regard to the dose limit values and the information and training procedures. It specifies the working conditions in which staff holding a limited duration contract and temporary staff may not be employed, in order to take account of technological changes to the working equipment, notably that generating pulsed ionising radiation fields. Radon The Order of 27 June 2018 was also published, determining the zones with radon potential in France. This Order places municipalities in one of the three radon potential zones defined in Article R. 1333‑29 of the Public Health Code, in which information, evaluation or measurement measures and radon exposure prevention measures specified in Articles L. 1333‑22 of the Public Health Code, L. 125‑5 of the Environment Code and L. 4451‑1 of the Labour Code are taken by the parties concerned. This new municipality level map takes the place of the département level map which has been in place since 2004 (the list of the 31 priority départements is repealed). Waters intended for human consumption A health check on the quality of Waters Intended for Human Consumption (EDCH) is performed by the Regional Health Agencies to ensure that these waters comply with the regulation quality references and entail no risk to the health of consumers. ASN published opinion 2018-AV-0315 of 16 October 2018 concerning two draft orders which more particularly aim to create a shared approvals procedure for laboratories measuring radioactivity in the EDCH for the purposes of the health check. This approval, which is currently issued by the Ministry in charge of Health, will only be issued after obtaining an approval within the framework of the national environmental radioactivity monitoring network, issued by ASN (see point 2.3.3 – National environmental radioactivity Monitoring Network). 2.2.2  –  Basic Nuclear Installations (BNIs) ∙ ∙ Decree 2019-190 of 14 March 2019 concerning BNIs and transparency in the nuclear field The legislative changes made to the BNI System by the TECV Act 2015‑992 of 17 August 2015, Ordinance 2016‑128 of 10 February 2016 comprising various nuclear provisions and, with respect to ASN, by Act 2017‑55 of 20 January 2017 concerning the general status of independent administrative Authorities and independent public Authorities, entails modifications to the regulatory provisions in force. After the provisions concerning the BNI modification and decommissioning Systems and the rules concerning subcontracting brought about by Decree 2016‑846 of 28 June 2016, other provisions concerning the Local Information Committees (CLIs), renewal of the ASN Commission, the ASN sanctions commission, third-party assessments and the transposition of the IED and Seveso Directives for BNIs are yet to be adopted. Other provisions need to be modified to ensure good interfacing and interaction with new provisions which have been introduced since 2007, for example those concerning the environmental assessment, or following experience feedback, for example concerning the provisions surrounding a change in licensee. On this occasion, the Minister responsible for Nuclear Safety decided to codify all the regulatory provisions in force (8 decrees). ASN was closely involved in producing this draft decree, which entailed extensive consultation with the stakeholders. After consulting the stakeholders and the public between September 2017 and January 2018, the High Council for the Prevention of Technological Risks – and then ASN – issued their opinions on 13 March and 21 June 2018 respectively. The draft decree was referred to the Council of State at the end of November 2018 and was published on 16 March 2019 (Decree 2019-190 of 14 March 2019). Regulatory news ASN report on the state of nuclear safety and radiation protection in France in 2018  23