• Decree 2022-1186 of 25 August 2022 implementing Article L. 597-4 of the Environment Code relative to civil liability in the field of nuclear energy and codifying the provisions applicable to the sites comprising only facilities which represent a lesser risk In Chapter VII of Title IX of Book V of the Environment Code (regulatory part) entitled “Provisions applicable to civil liability in the field of nuclear energy”, this Decree sets out the characteristics of the facilities with a lesser risk in terms of nuclear civil liability. It also stipulates the conditions for benefiting from a reduced civil liability ceiling when the site only comprises facilities with a lesser risk as defined in this Decree and appears on a list produced by Ministerial Order. As an interim provision, the sites listed as presenting a lesser risk and entitling their licensees to a reduced liability amount, pursuant to Decree 2016-333 of 21 March 2016 implementing Article L.597-28 of the Environment Code and relative to civil liability in the field of nuclear energy, as at the date of publication of this Decree, shall remain so without the licensee having to submit a new application. Finally, it is applicable to New-Caledonia, French Polynesia, Wallis and Futuna and the French Southern and Antarctic Lands. • Decree 2022-1165 of 20 August 2022 creating and organising the General Inspectorate for the Environment and Sustainable Development This Decree was adopted in accordance with the provisions of Article 17 of Decree 2022-335 of 9 March 2022 relative to the general inspectorate or oversight services and to employment within these services. It creates the General Inspectorate for the Environment and Sustainable Development (IGEDD) in place of the General Council for the Environment and Sustainable Development (CGEDD). It defines the organisation and the roles of the IGEDD and specifies the working conditions and methods aimed at guaranteeing the independence and impartiality of the work of its members. • Decree 2022-1284 of 3 October 2022 relative to the procedures for collecting and processing alerts submitted by whistle-blowers and setting out the list of external authorities instituted by Act 2022-401 of 21 March 2022 aiming to improve whistleblower protection Constitutional Act 2022-400 of 21 March 2022 aiming to reinforce the role of the Defender of Rights with regard to whistle-blowing and Act 2022-401 of 21 March 2022 aiming to improve whistle-blower protection and amending Act 2016-1691 of 9 December 2016 relative to transparency, the fight against corruption and the modernisation of economic life, known as the “Sapin 2 Act” were adopted in order to transpose Directive (EU) 2019/1937 of the European Parliament and Council of 23 October 2019 on the protection of persons reporting violations of EU law. Whistle-blowers have a number of possibilities: submit their report internally; send the report to an external authority listed by Decree in the Conseil d’État, to the Defender of Rights, to the judicial authority, to a competent European authority. Decree 2022-1284 of 3 October 2022 sets out the regulatory provisions which, with the above Acts, ensures complete transposition of the above-mentioned Directive into internal law. It thus contains provisions relative to the internal procedure for collecting and processing whistle-blower alerts and the external procedure for collecting and processing alerts by the competent authorities designated in a list appended to the Decree. The text is applicable in French Polynesia, the Wallis and Futuna islands and in New-Caledonia, and also applies in the overseas communities subject to the principle of identical legislation: Guadeloupe, French Guiana, Martinique, Reunion Island, Mayotte, Saint-Martin, Saint-Barthélemy and Saint-Pierre-et-Miquelon. • Decree 2022-1411 of 7 November 2022 instituting a new nuclear interministerial programme delegation This Decree creates a new nuclear interministerial programme delegation reporting to the Prime Minister. This delegation supervises the performance of the industrial programmes to build new nuclear power reactors in France. It carries out its role together with the central administrations and the national departments of the Ministries responsible for energy, the environment, nuclear safety, industry, the economy and the budget and with the Prefects of the regions in which new reactors are to be sited. • Decree 2022-1547 of 9 December provided for in Article L. 542-1-2 of the Environment Code and establishing the prescriptions of the National Radioactive Materials and Waste Management Plan This Decree sets the requirements of the National Radioactive Materials and Waste Management Plan (PNGMDR). In addition to the general provisions of this Plan, it contains the provisions applicable to those in possession of radioactive materials and waste regarding the management of radioactive materials and waste storage facilities, the management of radioactive materials, and the long-term management of radioactive waste. These latter provisions notably concern the ordering of works by the PNGMDR or by the Order mentioned in Article D. 542-74 of the Environment Code, the keeping of an updated statement of the availability of storage capacity for substances, per category of materials and waste, and the identification of future needs, the means for keeping a memory of the legacy radioactive waste disposal sites, the transmission and updating of the cost of managing the substances, notification of the Minister responsible for energy if it is impossible to meet the deadlines set, communication to the Minister responsible for energy of information regarding the costs of the main major projects deployed within the framework of the PNGMDR. • Order of 1 February 2022 setting the number of nuclear medicine appliances for an authorised site, pursuant to II of Article R. 6123-136 of the Public Health Code The first section of II of Article R. 6123-136 of the Public Health Code contains provisions concerning the licensing of a nuclear medicine activity and the maximum number of nuclear medicine appliances for a licensed site. It refers the determination of this number to an Order of the Minister responsible for health. This Order therefore sets the maximum number of these appliances at three (Article 1). The third section of II of Article R. 6123-136 of the Public Health Code states that the Minister sets a higher number for these appliances if the volume of procedures, the specialisation of the activity or the regional situation so warrants. 32 ABSTRACTS – ASN Report on the state of nuclear safety and radiation protection in France in 2022 Regulatory News
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