and Atomic Energy Commission (CEA) and IRSN, draft texts have been produced with the aim of defining minimum radiation protection requirements for the design of these devices and an informal technical consultation of the stakeholders (suppliers, French and foreign manufacturers and the principal users) was conducted in 2015. The various contributions are currently being analysed with the assistance of IRSN and the reference players (CEA and LCIE). The conclusions of this work will be taken into account to adapt the regulatory framework and subject the supply of electrical devices emitting ionising radiation to licensing, in the same way as for radioactive sources. In 2021 and 2022, ASN thus continued its work to characterise the advantages, drawbacks and the feasibility of various regulatory provisions for regulating, on the basis of appropriate technical baselines (work conducted with IRSN in particular), the design of industrial radiography devices. The discussions with the General Directorate for Labour (DGT) on the various options continued and revealed the need to strengthen their link with the existing European framework. 2.3.2 The protection of ionising radiation sources against malicious acts Although the safety and radiation protection measures provided for by the regulations guarantee a certain degree of protection of ionising radiation sources against the risk of malicious acts, they cannot be considered sufficient. Reinforcing the oversight of protection against malicious acts targeting sealed radioactive sources has therefore been encouraged by the International Atomic Energy Agency (IAEA), which published a Code of Conduct on the Safety and Security of Radioactive Sources, approved in 2003, supplemented in 2012 by two implementation guides in the Nuclear Security Series relative to the security of radioactive sources and the security of radioactive material transport. As of 2004, France confirmed to the IAEA that it was working on the application of the guidelines set out in this Code. The organisation adopted for the oversight of protection against malicious acts Measures implemented to ensure radiation protection, safety, and protection against malicious acts have many interfaces. Generally speaking, ASN’s counterparts in other countries are responsible for oversight in these three areas (see Table 2 in chapter 2). In France, the protection against malicious acts concerning nuclear materials, particularly those used in certain facilities termed “of vital importance” because they contribute to productions or services that are essential for the functioning of the country, is coordinated by a service under the authority of the Defence and Security High Official (HFDS) of the Ministry responsible for energy. The changes in regulations adopted since early 2016 have led to an organisation for oversight of the protection of ionising radiation sources against malicious acts which takes into account the existing organisation by entrusting this oversight: ∙ to the service of the HFDS of the Ministry responsible for energy in facilities whose security is already under its control; ∙ to the Ministry of the Armed Forces in the locations placed under its authority; ∙ to ASN for the other facilities where nuclear activities take place. The process necessary to set up this oversight, initiated by the Government in 2008 with the assistance of ASN, resulted in Ordinance 2016‑128 of 10 February 2016 and then Decree 2018‑434 of 4 June 2018 introducing various provisions concerning nuclear activities. These texts, which amend the Public Health Code, divide up the oversight duties in the various installations as indicated above, by including protection against malicious acts in the risks that must be taken into account by those responsible for nuclear activities and by the regulatory bodies when reviewing the licensing applications. The sources and installations concerned Oversight of source protection against malicious acts concerns all sources of ionising radiation, that is to say all the devices that could cause exposure to radiation. The majority of the regulatory measures are however taken to increase the security of the sources presenting the greatest radiological risks: this concerns radioactive sources of categories A, B and C as defined in the Public Health Code, which stems directly from that of the IAEA. The protection requirements are proportionate to the intrinsic dangerousness of the sources. The graded approach therefore implies stricter obligations for the sources (or batches of sources) in category A than those in category C. Sealed sources that are not in categories A, B or C and whose activity exceeds the exemption threshold, and the other ionising radiation sources such as X‑ray generators, are classified in category D. Some 260 facilities in the civil sector in France hold around 5,500 radioactive sources presenting such security risks. These sources are used essentially for industrial purposes (irradiation, radiography, measurements, etc.) or medical purposes (such as telegammatherapy and brachytherapy. Due to their frequent movements when on worksites, industrial radiography sources present particular security risks. If sources of different categories are stored together, the lower category sources may be subject to the stricter security measures applicable to the higher category sources. Regulations The Decree modifying the regulatory part of the Public Health Code taken in application of Ordinance 2016‑128 of 10 February 2016 (Decree 2018‑434 introducing various provisions with regard to nuclear activities) was published on 4 June 2018. It contains several provisions concerning the protection of sources against malicious acts, and more specifically: ∙ the classification of ionising radiation sources and aggregation (batching) of radioactive sources into category A, B, C or D (Article R. 1333-14 of the Public Health Code); ∙ the prompt notification to various administrative authorities, particularly the regionally competent law enforcement agencies, of any actual or attempted malicious act or loss concerning a source of ionising radiation or a batch of radioactive sources of category A, B or C (R. 1333‑22); ∙ the sending of documents that could facilitate malicious acts by separate, specially identified mail (R. 1333‑130); ∙ the nominative and written authorisations to be delivered to the persons having access to ionising radiation sources or batches of radioactive sources in category A, B or C, transporting them, or having access to information concerning their protection against malicious acts (R. 1333‑148). Subsequently, the Ministerial Order setting the organisational and technical requirements to protect sources of ionising radiation (or batches of radioactive sources) against malicious acts was signed on 29 November 2019 and published in the Official Journal of the French Republic on 11 December 2019. It entered into force on 1 January 2020 for the sites not licensed on its date of publication (nor being examined on that same date). For already licensed sites, entry into force takes place in two stages which were postponed due to the pandemic. The first was set for 1 January 2021 and concerned the organisational and human provisions; the second, set for 1 July 2022, chiefly concerns the systems providing physical protection against malicious acts. These two dates were therefore pushed back six months by the 246 ASN Report on the state of nuclear safety and radiation protection in France in 2022 • 08 • Sources of ionising radiation and their industrial, veterinary and research applications 08
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