ASN Report 2017
121 ASN report on the state of nuclear safety and radiation protection in France in 2017 Chapter 03 - Regulations For radioactive sources which are not nuclear materials as specified above and which are not used in facilities subject to the protection obligations specified in the Defence Code, there are at present no arrangements for monitoring the steps taken by those in possession of these sources to prevent any malicious acts. This is why, in 2008, the Government adopted the principle of obligations to take preventive measures applicable to the holders, with implementation thereof being monitored by ASN. Legislative measures were therefore included in the TECV Act of 17th August 2015, the Ordinance of 10th February 2016 and the implementing decree (see chapter 10, point 4.5) 5.4 The particular system for defence-related nuclear activities and installations The provisions concerning defence-related nuclear facilities and activities were codified in the Defence Code (creation of a sub-section 2 entitled “Defence-related nuclear facilities and activities” in Chapter III of Title II of Book III of the first part of the legislative part) by Ordinance 2014-792 of 10th July 2014 implementing Article 55 of Act 2013-1168 of 18th December 2013 concerning military planning for the years 2014 to 2019 and constituting various provisions concerning defence and national security. Pursuant to Article L. 1333-15, defence-related nuclear facilities and activities are: ཛྷ ཛྷ Defence Basic Nuclear Installations (DBNI); ཛྷ ཛྷ military nuclear systems; ཛྷ ཛྷ defence-related nuclear experimentation sites and installations; ཛྷ ཛྷ the former nuclear experimentation sites in the Pacific; ཛྷ ཛྷ transport of fissile or radioactive materials involved in nuclear weapons and naval nuclear propulsion activities. A part of the provisions applicable to nuclear activities governed by ordinary law also applies to defence-related nuclear activities and installations; for example, they are subject to the same general principles as all nuclear activities governed by ordinary law and the requirements of the Public Health Code, including the system of licensing and notification of small-scale nuclear activities, and they concern defence-related nuclear activities and installations in the same conditions as the ordinary law activities, except for the fact that the licenses are granted by the Delegate for Nuclear Safety and Radiation Protection for National Defence Installations and Activities (DSND), reporting to the Minister of Defence and the Minister of Industry. Oversight of these activities and installations is the responsibility of the personnel of the Defence Nuclear Safety Authority (ASND) headed by the DSND. Other provisions are specific to defence-related nuclear activities and facilities. They are thus subject to particular information rules for protection of national defence confidentiality. Similarly, the nuclear facilities whose characteristics correspond to the BNI list but which are within the perimeter of a DBNI defined by decision of the Prime Minister, are not subject to the BNI System but to that of the special DBNI System defined by the Defence Code and implemented by the ASND (see section 2 of Chapter III of Title III of Book III of the first part of the Defence Code). When nuclear facilities are no longer necessary for the purposes of national defence, they are delicensed and transferred to the BNI System. The Tricastin DBNI has thus initiated a delicensing process, which should lead to registration by ASN of new BNIs, the first of which was registered on 1st December 2016. ASN and ASND maintain close relations to ensure that the systems for which they are responsible are coherent and to ensure continuity of the oversight provided by the State on facilities making the transition from one system to the other. 6. Outlook 2018 will see the adoption of three decrees allowing the implementation of the legislative provisions adopted in 2015 and 2016 in the field of small-scale nuclear activities, as well as with regard to BNIs and the transport of radioactive substances. These decrees will renew the regulatory provisions of the Public Health Code, the Labour Code and the Environment Code. They will be followed by the adoption of the orders stipulated by the decrees, more particularly in the field of small-scale nuclear activities. In 2018, a new order will also be adopted concerning nuclear pressure equipment, which will be supplemented by several ASN resolutions and the revision of the Order of 7th February 2012 will be initiated. ASN will be adopting or revising resolutions so that its regulation and oversight is more closely tailored to the issues, in particular with the implementation of rules applicable to noteworthy modifications to BNIs and the deployment of the new system of notification and registration of certain small- scale nuclear activities. ASN will continue to draw up general technical regulations for BNIs and define the framework applicable to the protection of radioactive sources against malicious acts.