2   REGULATORY PROVISIONS CONCERNING INDUSTRIAL AND RESEARCH APPLICATIONS
The provisions concerning the industrial and research applications given in the Public Health Code (articles R. 1333-26 to R. 1333-28) are recalled below.
  2.1 Licensing procedures for ionising radiation sources used for industrial and research purposes

Table 2 presents the procedures governing the various industrial and research applications, including for veterinary purposes.

Nature of the nuclear activity Procedure and competent authority Observations
Manufacture of radioactive sources or devices containing them

Licensing by the Minister for Health (ASN) (1), unless nuclear activity in licensed ICPE comprising section 1700 above notification threshold: prefectoral licence
 
Manufacture of products or devices containing radioactive sources Exemption possible if criteria set in article R.1333-27 of the CSP are met (2)
Use of radioactive sources
Irradiation of products, including food products  
Use of electrical generators, including particle accelerators

Licensing by Minister for Health (ASN)
Exemption possible if criteria set in article R.1333-27 of the CSP are met (2)
Import or export of radioactive sources or devices containing them  
Distribution of radioactive sources or devices containing them Exemption possible if criteria set in article R.1333-27 of the CSP are met (2)
Table 2: procedures applicable to industrial or research nuclear activities

(1)  The licences issued for nuclear activities subject to the Mining Code or the basic
       nuclear installations system are equivalent to a licence issued under the Public
       Health Code.

(2)  The criteria for exemption from the licensing procedures apply:
       – to radionuclides, if the total quantities involved or their concentration per unit of
          mass are below the thresholds set in the appendix to the Public Health Code
          (provided that the masses of substances involved do not exceed one ton);
       – to electrical generators of ionising radiation, if of a certified type compliant with
          the standards and if, in normal operation and at any point 0.1 m from their
          accessible surface, they do not generate an equivalent dose of more than
          1 µSv/h, or if an appliance operating with a potential difference of 30 kV or less
          in the same dose equivalent rate limit conditions.

Unlike medical applications, industrial and research applications always require licensing, although some of them in certain conditions may be exempted from this licence requirement. The Public Health Code also introduced a licence waiver issued by the Minister for Health for nuclear activities which have already been licensed under the Mining Code, the basic nuclear installations system or that covering installations classified on environmental protection grounds.

The maximum validity of the licences is 5 years renewable. The licence which is issued to the head of an installation is personal and non-transferable. Any modification to the licence concerning either its beneficiary, or the installation, or its operating conditions, must be re-examined under article R. 1333-36 of the Public Health Code. The licensee must make arrangements to protect, inform and provide radiation protection training for all those likely to be exposed to ionising radiation, specified in articles L. 1333-8 and L. 1333-11 of the Public Health Code.

Finally, any incident or accident likely to be the cause of over-exposure of an individual must be immediately declared to the Prefect of the department and to the ASN. It should be recalled that in 2003, the ASN set up a 24-hour telephone hotline for emergency situations (toll-free number: 0 800 804 135), but which can also be used for any radiological incident occurring in an industrial or research facility using sources of ionising radiation.

Section 3.3 provides details on how to prepare the licence application dossiers mentioned in articles R. 1333-26 and R. 1333-27. An order currently under preparation and based on article R. 1333-44, will detail the corresponding procedures.