120 ASN report on the state of nuclear safety and radiation protection in France in 2017 Chapter 03 - Regulations In accordance with Articles L. 593-3 and L. 593-33 of the Environment Code, a facility on the ICPE list located within the perimeter of a BNI is subject to the BNI System if necessary for operation of the BNI and to the ICPE System otherwise. Pursuant to Article L.1333-9 of the Public Health Code, the licences issued to ICPEs in accordance with the Environment Code for the possession or use of unsealed radioactive sources, take the place of the licences required under the Public Health Code. The legislative and regulatory provisions of the Public Health Code nonetheless apply to them, with the exception of those concerning procedures. Finally in accordance with the provisions of Article R. 515-110 of the Environment Code, those responsible for industrial activities using naturally occurring radioactive sources, liable to cause gamma radiation exposure in excess of 1 mSv/year effective dose, are required to produce a radiological characterisation of the natural materials and industrial residues utilised. This characterisation shall be performed as of 1st July 2020 by an accredited organisation. 5.3 The regulatory framework for protection against malicious acts in nuclear facilities Malicious acts include theft or misappropriation of nuclear materials, acts of sabotage and attacks from outside the BNIs. With regard to protection against malicious acts, two arrangements instituted by the Defence Code apply to certain nuclear activities: ཛྷ ཛྷ Chapter III of Title III of Book III of the first part of the Defence Code defines the measures to protect and monitor nuclear materials. This concerns the following fusible, fissile or fertile materials: plutonium, uranium, thorium, deuterium, tritium, lithium-6, as well as chemical compounds comprising one of these elements, except ores. To prevent the dissemination of these nuclear materials, their import, export, production, possession, transfer, use and transport are subject to licensing. ཛྷ ཛྷ Chapter II of Title III of Book III of the first part of the Defence Code defines a system for protection of establishments which “if unavailable, would risk significantly compromising the nation’s combat or economic potential, its security or its capacity for survival”. The Act of 13th June 2006 supplemented Article L. 1332-2 of the Defence Code in order to enable the administrative authority to apply this system of protection to facilities comprising a BNI “when the destruction of or damage to (this BNI) could constitute a serious danger for the population”. This system requires that the licensees take protection measures stipulated in an off-site emergency plan drawn up by themselves and approved by the administrative authority. These measures in particular include surveillance, alarm and material protection measures. If the plan is not approved and in the event of persistent disagreement, the decision is taken by the administrative authority. The Environment Code stipulates that, in its safety analysis report, the licensee must present an assessment of the accidents liable to occur in the facility, regardless of the cause of the accident, including if it results from a malicious act. In this case, the safety analysis report shall present the condition of the facilities after performance of the malicious act, in order to determine whether or not the creation authorisation can be issued, more particularly with regard to the emergency management measures taken. The most important risk prevention or mitigation measures can be the subject of ASN requirements. Within a joint working group, ASN and the Defence and Security High Official hold regular discussions about the accidents included in the safety analysis reports as well as how some of them could be the result of a malicious act or an act of terrorism. In this respect, analysis of accident occurrences and the steps taken to prevent them ensure that the regulation authorisation processes carried out pursuant to the Defence Code are consistent with those resulting from the Environment Code. FUNDAMENTALS List of natural materials and industrial residues concerned by the characterisation obligation (Article D. 515-110-1 of the Environment Code) 1° Extraction of rare earths from monazite, processing of rare earths and the production of pigments containing them 2° Production of compounds of thorium, manufacture of products containing thorium and the mechanical working of these products 3° Processing of niobium/tantalum and aluminium ore 4° Oil and gas production, except for exploratory drilling 5° Production of geothermal energy, except if carried out on a small scale 6° Production of titanium dioxide pigments 7° Thermal production of phosphorus 8° Zircon and zirconium industry, including the refractory ceramics industry 9° Production of phosphated fertilisers 10° Production of cement, including maintenance of clinker furnaces 11° Coal-fired power plants, including boiler maintenance 12° Production of phosphoric acid 13° Production of primary iron 14° Tin, lead, or copper foundry work 15° Treatment by filtration of groundwater circulating through igneous rocks 16° Extraction of natural materials of igneous origin such as granitoids, porphyries, tuff, pozzolan and lava, when intended for use as construction products.