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Decree No. 2002-255 Of 22 February 2002 Amending Decree No 93 - 1272 Of 1 December 1993 And Creating A Directorate-General Of Nuclear Safety And Radiation Protection

Original Language Title: Décret n° 2002-255 du 22 février 2002 modifiant le décret n° 93-1272 du 1er décembre 1993 et créant une direction générale de la sûreté nucléaire et de la radioprotection

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Summary

Application of Law 61-842 and Decree 63-1228. Amendment of Articles 1 and 17 of the aforementioned decree.

Keywords

ECONOMY , FINANCE , INDUSTRY , PUBLIC FUNCTION OF THE STATE , CENTRAL ADMINISTRATION , ORGANIZATION , GENERAL DIRECTION OF NUCLEAR SAFETY AND RADIATION PROTECTION , DGSNR , CREATING , MISSION , RUNNING , COMPOSITION


JORF No. 48 of 26 February 2002 3589 page
Text #4



Decree No. 2002-255 of 22 February 2002 amending Decree No. 93-1272 of 1 December 1993 establishing a Directorate-General for Nuclear Safety and Radiation Protection

NOR: ECOP0100708D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/2/22/ECOP0100708D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2002/2/22/2002-255/jo/texte


The Prime Minister,
On the report of the Minister of Economy, Finance and Industry,
Due to the environment code;
Given the code of Public health;
In view of the Labour Code, in particular Articles L. 611-1, L. 611-4 and L. 611-6;
Law No. 61-842 of 2 August 1961 on combating atmospheric pollution and odours;
In the light of Decree No. 87-389 On 15 June 1987 on the organisation of central administrative services;
In light of the amended Decree No. 93-1272 of 1 December 1993 on the organisation of the central administration of the Ministry of Industry, posts and Telecommunications and Foreign Trade;
In the light of Decree No. 94-604 of 19 July 1994 establishing the Office for the Protection against Ionizing Radiation;
In the opinion of the Departmental Joint Technical Committee of the Ministry of Economy, finance and industry as of 21 September 2001;
In view of the Opinion of the Joint Technical Committee of the Ministry of Employment and Solidarity of 21 November 2001;
The Council of State (Section of Work Public) heard,
overwrite:

Item 1
The 5 of Article 1 of the Decree of 1 December 1993 is replaced by the following provisions:
" 5. The Directorate General for Nuclear Safety and Radiation Protection. "

Item 2 Read more about this Article ...


Article 17 of the Decree of 1 December 1993 is replaced by the following provisions:
" Art. 17. - I.-The Directorate-General for Nuclear Safety and Radiation Protection develops, proposes and implements the Government's policy on nuclear safety, excluding nuclear facilities and activities Relevant to the defence. For the purposes of these provisions, nuclear safety is defined as the set of technical provisions and organisational measures relating to the design, construction, operation, stopping and dismantling of nuclear Installations involving a source of ionizing radiation, as well as the transport of radioactive materials, intended to prevent accidents and to limit their
. -The Directorate-General for Nuclear Safety and Radiation Protection develops and proposes the Government's policy on radiation protection and implements it in its field of allocation. For the purposes of these provisions, radiation protection shall be defined as all the rules, procedures and means of prevention and monitoring aimed at preventing or reducing the harmful effects of ionising radiation produced on the Persons directly or indirectly, including those affected by the environment.
III. -The Directorate-General for Nuclear Safety and Radiation Protection is responsible, in its area of allocation:

1. To prepare and implement all measures relating to the safety of basic nuclear installations, in particular by developing the relevant technical regulations and monitoring its application;
2. To prepare and implement all measures relating to the safety of the transport of radioactive materials and fissile material for civil use, in particular by developing, in consultation with the services of the Minister responsible for transport, the regulations Corresponding technique and monitoring its application;
3. Prepare and implement, in conjunction with other relevant administrations, any measures to prevent or limit the health risks associated with exposure to ionising radiation, in particular by developing regulations Radiation protection technique, with the exception of that relating to the protection of workers against ionizing radiation, and monitoring its application;
4. Organize inspections, in the field of safety, of basic nuclear installations and, in liaison with the competent services of the Minister responsible for transport, of the transport of radioactive materials and fissile material for civilian use;
5. Without prejudice to the inspections provided for in the Labour Code and the Environmental Code, to organise the radiation protection inspections provided for in the Code of Public Health and by the Law of 2 August 1961 above and its texts And to facilitate all inspections which contribute to the control of radiation protection in the industrial, medical and research fields, including the monitoring of sources of ionising radiation used in these fields ;
6. To organize the permanent watch on radiation protection, including the radiological monitoring of the environment throughout the territory;
7. Monitor releases of gaseous and liquid effluents and wastes from basic nuclear facilities; and
8. To propose, coordinate and implement the Government's policy on the regulation and control of radioactive waste management;
9. To gather all information on research and development in the field of nuclear safety and radiation protection;
10. To participate, in liaison with other relevant administrations, in particular the services responsible for civil safety, the definition and implementation of a technical organisation of crisis in the event of an accident at a nuclear facility or On the transport of radioactive material, or more generally, any accident which affects the health of persons by exposure to ionising radiation, occurring in France or likely to affect the French territory;
11. To gather all information in the field of nuclear safety and radiation protection and on measures taken in this field in France or abroad and to disseminate this information to the administrations concerned;
12. To contribute to public information on subjects relating to nuclear safety and radiation protection.
The missions cited in 3 and 5 above are carried out, where appropriate, in conjunction with the Labour Inspectorate Referred to in Articles L. 611-1, L. 611-4 and L. 611-6 of the Labour Code and other inspection bodies and competent authorities.
In liaison with the services of the Minister for Foreign Affairs, the Directorate-General for Nuclear Safety And radiation protection prepares and proposes, in its fields of competence, French positions for international and community discussions.
For the performance of its missions, it may undertake or carry out any studies Useful.
IV. -The Directorate-General for Nuclear Safety and Radiation Protection provides the secretariat of the Higher Council for Nuclear Safety and Information, of the Interministerial Committee on Basic Nuclear Facilities, of the Commission Interministerial radioelements and radiation protection section of the Conseil supérieur d' hygiene publique de France.
V.-In liaison with other relevant administrations, the Directorate-General for Nuclear Safety and In its field of competence, radiation protection guides, organises and controls the activity of the decentralised services of the State concerned. She leads and coordinates their actions. It ensures that the necessary resources are available to them. "

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The powers conferred, pursuant to Article 21 of the aforementioned Decree of 19 July 1994, to the agents of the Office for the Protection against Ionizing Radiation in respect of, on the one hand, control of The application of laws and regulations in the field of radiation protection and, on the other hand, research and the recognition of infringements shall be exercised, under the same conditions, by agents of the Directorate-General for Nuclear Safety and Radiation protection and decentralised state services in its areas of competence.

Article 4 More about this Article ...


References to " Central safety service for nuclear installations " And to " Management of the safety of nuclear installations Are replaced by the reference to " Directorate General Safety Nuclear and radiation protection " In all the regulations in which they appear.

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Minister of Economy, Finance and Industry, Minister of Employment and Solidarity, Minister of the Interior, Minister of Equipment, Transportation and Housing, Minister of Land and environment planning, the Minister of Public Service and State reform, the Minister for Health and the Secretary of State for Industry shall each have responsibility for the implementation of this Decree, which will be published in the Official Gazette of the French Republic.


Done at Paris, February 22, 2002.


Lionel Jospin


By the Prime Minister:


The Minister of Economy,

Finance and Industry,

Laurent Fabius

The Minister of Employment and Solidarity,

Élisabeth Guigou

The Minister of the Interior,

Daniel Vaillant

The Minister of Equipment,

des transports et du logement,

Jean-Claude Gayssot

The Minister of Spatial Planning

and the Environment,

Yves Cochet

The Minister of the Public Service

and the reform of State,

Michel Sapin

Health Minister,

Bernard Kouchner

The Secretary of State for Industry,

Christian Pierret


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