Regulatory News The year 2023 was marked by the publication of Act 2023-491 of 22 June 2023 concerning the acceleration of the procedures linked to the construction of new nuclear facilities close to existing nuclear sites and to the operation of the existing facilities. It also saw the completion of a certain number of important texts, in particular those concerning protection against ionising risks and nuclear security. This year also saw continuing work to revise the Order of 7 February 2012 laying down the general rules relating to Basic Nuclear Installations (known as the “BNI Order”). National news Acts and ordinances • Act 2023-491 of 22 June 2023 relative to the acceleration of the procedures linked to the construction of new nuclear facilities close to existing nuclear sites and to the operation of the existing facilities This Act is in line with the President of the Republic’s speech in Belfort on 10 February 2022, which underlined the need to move away from fossil fuels by lowering energy consumption, combined with a massive acceleration in the production of decarbonised energy, electrical energy in particular: renewable energies, which are the subject of a specific Act, and nuclear energy, notably with the creation of six new pressurised water reactors (Evolutionary Power Reactor – EPR) by 2035. This concern comes against the backdrop of a climate emergency threatening ecosystems and future generations, on the one hand, and a crisis of energy sovereignty and security of supply in 2022 following the Ukraine conflict, on the other. The more precise aim of the Act is to simplify and accelerate construction projects for new nuclear power reactors in France, close to existing nuclear sites, by clarifying the interfaces between the various procedures (urban planning, nuclear power reactor creation authorisation and environmental permit), while guaranteeing protection of all the interests mentioned in Article L. 593-1 of the Environment Code (public health and safety, protection of nature and the environment) and full compliance with the principle of public participation enshrined in the Charte de l’environnement (Environment Charter). During the Parliamentary debate, provisions regarding energy policy were added to the bill. Parliament also asked that several reports be submitted to it by the Government in the coming months or years. The Act also enabled the procedures for periodic safety review of nuclear power reactors in operation for 35 years or more to be clarified, and the management of extended outages of the Basic Nuclear Installations (BNIs) to be improved. These measures help to provide a secure legal framework for the long-term operation of the nuclear power plant fleet. Some provisions of the Act require implementing decrees, which are either being drafted or have already been published. Decrees and Orders • Decree 2023-489 of 21 June 2023 relative to the protection of workers against ionising radiation risks This Decree draws the consequences of the modifications introduced by Act 2021-1018 of 2 August 2021 aiming to reinforce occupational health prevention. The provisions of the text mainly concern the skills of the occupational health professionals carrying out reinforced individual monitoring of workers exposed to ionising radiation, under the authority of the occupational physician, and their access to the Ionising radiation monitoring information system (Siseri). The text adapts the conditions of training and delivery of the certificate of proficiency in handling industrial radiological equipment to the new professional training 30 ABSTRACTS – ASN Report on the state of nuclear safety and radiation protection in France in 2023
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