ASN Report 2017

87 ASN report on the state of nuclear safety and radiation protection in France in 2017 Chapter 03  - Regulations ཛྷ ཛྷ The International Commission on Radiological Protection (ICRP), a non-governmental organisation comprising international experts from various backgrounds, which publishes recommendations for the protection of workers, the population and patients against ionising radiation, based on the analysis of available scientific and technical knowledge and that published by the United Nations Scientific Committee on the Effects of Atomic Radiation (UNSCEAR). The latest ICRP recommendations were published in 2007 in ICRP Publication 103. ཛྷ ཛྷ The International Atomic Energy Agency (IAEA), which publishes and regularly revises “standards” in the fields of nuclear safety and radiation protection. The basic requirements for protection against ionising radiation and the security of radiation sources, based on the latest ICRP recommendations (publication 103) were published in July  2014. ཛྷ ཛྷ The International Standard Organisation (ISO) which publishes international technical standards constituting a reference in the field of radiation protection. ཛྷ ཛྷ At the European level, the EURATOM Treaty, in particular Articles 30 to 33, defines the procedures for drafting EU provisions concerning protection against ionising radiation and specifies the powers and obligations of the European Commission with respect to their enforcement. After transposition into national law, the corresponding Euratom Directives are binding on the various countries, such as new Council Directive 2013/59/Euratom of 5th December 2013. This Directive, published in the Official Journal of the European Union (OJEU) on 17th January 2014, repeals Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (see box). 1.1.2 The legal framework applicable to the regulation of nuclear activities in France The legal framework for nuclear activities in France, which has been extensively overhauled since 2000, was updated with the transposition of Directive 2013/59/Euratom of 5th December 2013. At the legislative level, Ordinance 2016-128 of 10th February 2016 containing various nuclear safety provisions notably allowed a rewrite of the legislative FOCUS The 2013/59/Euratom Directive of 5th December 2013 It repealed and replaced the previous five Directives: ཛྷ ཛྷ Directive 89/618/Euratom of 27th November 1989 on informing the general public about health protection measures to be applied and steps to be taken in the event of a radiological emergency; ཛྷ ཛྷ Directive 90/641/Euratom of 4th December 1990 on the operational protection of outside workers exposed to the risk of ionising radiation during their activities in controlled areas; ཛྷ ཛྷ Directive 96/29/Euratom of 13th May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation; ཛྷ ཛྷ Directive 97/43/Euratom of 30th June 1997 on the health protection of individuals against the dangers of ionising radiation in relation to medical exposure, repealing Directive 84/466/Euratom; ཛྷ ཛྷ Directive 2003/122/Euratom of 22nd December 2003 on the control of high-activity sealed radioactive sources and orphan sources. It also takes account of the latest ICRP recommendations (ICRP 103) and the Basic Standards published by IAEA. The Member States had a period of four years in which to transpose this Directive after it entered force, the transposition deadline thus being set for 6th February 2018. In France, this transposition is carried out by Ordinance 2016-128 of 10th February 2016 containing various nuclear safety provisions as specified in Article 128 of the Energy Transition for Green Growth Act 2015-992 of 17th August 2015 (TECV Act), and by decrees currently being prepared concerning health protection against the dangers arising from exposure to ionising radiation and the protection of sources of ionising radiation against malicious acts and concerning worker protection against the risks arising from ionising radiation. DIAGRAM 2: Various levels of regulation in the field of small-scale nuclear activities in France ICRP, IAEA, WENRA Orientation, Recommendations European Union Directives and regulations Parliament Acts Government Decrees and Orders ASN/ Government Approval Technical Regulations ASN Licensing decisions (Technical requirements) ASN ASN guides/BSR* Not legally binding Legally binding Not legally binding * Basic Safety Rules.