- 4 - 2.1 Acts The TSN Act of 13th June 2006 on transparency and security in the nuclear field extensively overhauled the legal regime applicable to basic nuclear installations. It in particular made this regime "integrated" with the aim of preventing the hazards and detrimental effects of all types that nuclear facilities are liable to create: nuclear or non-nuclear accidents, radioactive or other pollution, radioactive pollutions and others, production of radioactive wastes or others, noise, and so on. Act 2006-739 of 28th June 2006 on the sustainable management of radioactive materials and waste, known as the "Waste" Act, creates a coherent, exhaustive legislative framework for the management of all radioactive waste. 2.2 Main decrees and ministerial or inter-ministerial orders in force Decree 2007-1557 of 2nd November 2007 on basic nuclear installations and the control, from a nuclear safety point of view, of the transport of radioactive materials, known as the "procedures" decree, implements article 36 of the TSN Act. It defines the framework for carrying out procedures in nuclear facilities and deals with the entire lifecycle of a nuclear facility, from its authorisation decree and commissioning up to final shutdown and decommissioning. Finally, it makes clear the relations between the Ministers responsible for nuclear safety and ASN, in the field of basic nuclear installation safety. The order of 10th August 1984 on the quality of the design, construction and operation of basic nuclear installations, known as the "quality" order, specifies the steps that the licensee of a nuclear facility must take to define, obtain and maintain the quality of its facility and the conditions necessary for ensuring its safe operation. The order of 31st December 1999 amended by the order of 31st January 2006 stipulates the general technical regulations, except for water intakes and effluent discharges, designed to prevent and mitigate off-site detrimental effects and hazards resulting from the operation of nuclear facilities. The order of 26th November 1999 sets the general technical requirements concerning the limits and procedures for water intakes and effluent discharges subject to authorisation in nuclear facilities. Pressure vessels specifically designed for nuclear facilities are subject to particular requirements that are regulated and monitored by ASN. They are defined in the decree of 13th December 1999 and in specific orders. ASN has undertaken to incorporate most of these texts into a single order setting out the essential requirements applicable to all basic nuclear installations (BNI) for the protection of humans and the environment from the risks of accident, chronic pollution or other detrimental effects. This order, known as the "BNI regime order", underwent a number of consultation processes, including two public consultations. It will be submitted to the Ministers responsible for nuclear safety in early 2012, for their signature. 2.3 ASN decisions Pursuant to article 4 of the TSN Act, ASN can take regulatory decisions to point out decrees and orders issued concerning nuclear safety or radiation protection, which are submitted to the Government for approval. ASN also issues individual decisions concerning nuclear activities (for example, commissioning authorisation for a basic nuclear installation, authorisation to use radioactive material transport packaging, authorisation to use radioactive sources, definition of requirements concerning the design, construction, operation or decommissioning of a facility, etc.). Since its creation in 2006, ASN has issued about 90 binding decisions, half of which concern water intakes and environmental discharges.
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