Decree 2021-1000 of 30 July 2021 containing various provi‑ sions implementing the public action acceleration and simplification and environmental simplification Act The Decree implements the provisions of Title III of the public action acceleration and simplification and environmental simplification Act. It: ∙ modifies the table in Article R. 121-2 of the Environment Code listing the categories of operations involved in development and equipment projects referred to the National Commission for Public Debate (CNDP); ∙ modifies the provisions concerning the case of ICPEs located within the perimeter of a BNI but not necessary for this BNI, for which ASN has competence (authorisation, registration, time-frame); ∙ adds that, in the same way as the manufacturers, the representatives are now subject to certain pressure equipment obligations. This concerns the State services, professionals, private individuals, project owners, associations, design offices. It entered into force on 1 August 2021, but does contain interim provisions. Pursuant to these provisions, Article R. 121-2 of the Environment Code contains a table listing the categories of operations concerning development or equipment projects which are automatically referred to the CNDP and those concerning development or equipment projects made public and for which this referral is optional. Articles 2 to 6 of the Decree modify numerous procedural provisions, notably regarding the licensing and registration of ICPEs located within the perimeter of a BNI but not necessary for this BNI and for which ASN has competence. In the same way as the manufacturers, the representatives are now subject to certain pressure equipment obligations. With regard to the obligations of the economic operators, the term “representative” is added to that of “manufacturer”. It is now the manufacturers or, as applicable, their representatives, who give their name, their corporate name or their trade mark and the postal address at which they can be contacted, on the product or equipment or, when this is not possible, on its packaging or in a document accompanying the product or equipment (Article R. 557-2-5 of the Environment Code). Decree 2021-1096 of 19 August 2021 modifying various provisions concerning polluted soils and the cessation of activity by ICPEs Article 57 of Act 2020-1525 accelerating and simplifying public action modified Articles L. 512-6-1, L. 512-7-6 and L. 512-12-1 of the Environment Code, by creating an obligation for the licensees –as part of the cessation of activity procedure for an ICPE– to have a company that is certified in the field of polluted sites or soils, or with equivalent competence in the provision of services in this field, confirm the implementation of operations to make the site safe plus, as applicable, the adequacy of the measures proposed for rehabilitation of the site and then implementation of said measures. The Decree of 19 August 2021 defines the means of application of this Article 57 and revises the cessation of activity procedure accordingly. It also modifies certain provisions regarding the soil hazard information sectors. Finally, it specifies the means of applying the transfer from a third-party applicant to another third-party applicant, created by this same Article 57. As with all regulations regarding ICPEs, these provisions apply to ICPEs within the perimeter of a BNI but not necessary for it, with ASN exercising the powers regarding individual resolutions and oversight vested in the Prefect. Article 2 of this Decree modifies Article L.125-43 of the Environment Code. In the new Article R. 125-43, the BNIs no longer appear explicitly in the exclusions “of the soil hazard information sectors defined in Article L. 125-6”. However, the new formulation “the land on which nuclear activities mentioned in Article L. 1333-1 of the Public Health Code are carried out” includes nuclear activities carried out in BNIs and “nuclear” ICPEs. The Decree of 19 August 2021 enters into force on 1 June 2022, with the exception of Articles 2, 3, 4, 21 and 27, which enter into force the day following its publication. Decree 2021-1802 of 23 December 2021 concerning the civil service secularity coordinator Act 2021-1109 of 24 August 2021 confirming compliance with the principles of the Republic created a secularity coordinator within the State’s administrations, regional authorities and public health establishments, who is more particularly responsible for providing all necessary advice regarding the principle of secularity for any civil servant or department head wishing to consult him or her. This coordinator is also responsible for organising a secularity day on 9 December of each year. The Decree determines the duties, the methods and the criteria for appointing this secularity coordinator. Article 1 of the Decree states that the secularity coordinators are appointed at a level enabling them to effectively carry out their duties. These authorities designated by the Decree may make provision for a secularity coordinator common to several departments or establishments. In this case, the secularity coordinators are then appointed by the competent head of department at the level determined, for a duration set by this latter. Article 5 of the Decree stipulates that the secularity coordinator advises the heads of department and civil servants with regard to implementing the principle of secularity, notably by analysing and responding to queries from these latter regarding individual situations or more general questions, raises civil servants’ awareness of the principle of secularity and disseminates information regarding this principle within the administration concerned, at his or her level and, as applicable, in coordination with other secularity coordinator, and organises the secularity day on 9 December of each year. At the request of the authority which determined the level at which the secularity coordinator is appointed, this latter may be called on in the event of difficulty in application of the principle of secularity between a civil servant and users of the public service. The same authorities may specify the means whereby these duties are carried out. Decree 2021-1947 of 31 December 2021 implementing Article 10-1 of Act 2000-321 of 12 April 2000 and approving the contract of Republican commitment by associations and foundations receiving public subsidies or State approval The Decree determines the content of the contract of Republican commitment by associations and foundations receiving public subsidies or State approval. It determines how this commitment is made and specifies the conditions surrounding any revocation of public subsidies. ASN Report on the state of nuclear safety and radiation protection in France in 2021 33 REGULATORY NEWS
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