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Decree No. 2003-295, March 31 2003 Relating To Interventions In Radiological Emergencies And Exposure Sustainable And Amending The Code Second Public Health Part: Decrees In Council Of State)

Original Language Title: Décret n° 2003-295 du 31 mars 2003 relatif aux interventions en situation d'urgence radiologique et en cas d'exposition durable et modifiant le code de la santé publique (deuxième partie : Décrets en Conseil d'Etat)

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Summary


Application of the directive 89 /618/EURATOM of the Council of 27 November 1989 concerning the information of the population on the applicable health protection measures and on the behaviour to be adopted in the event of a radiological emergency. This Decree is intended to transpose Title IX of the Euratom Directive 96/29 of 13 May 1996 laying down the basic standards for the health protection of the population and of workers against the dangers arising from Ionizing radiation. It transposes the main rules that should be applied, to the various players in general and to public authorities in particular, in the face of an emergency situation and a proven radiological hazard. This text, which is the result of the work carried out by an inter-ministerial group, builds on existing practices in the management of a nuclear crisis which, where they exist, are based on inter-ministerial instructions (SGSN directives no. 2202 of 13 July 1989 on the coordination of the action of public authorities in the event of a nuclear safety incident or accident (not published in the OJ) and No 5401 of 30 July 1987 on public and media information in the event of an incident or Accident concerning nuclear safety (not published in the OJ). It refers, for the principles of radiation protection, to Order 2001-270 of 28 March 2001 on the transposition of Community directives in the field of protection against ionising radiation (OJ 2001, 31 March 2001) and, for plans And their implementation, to Act 87-565 of 22 July 1987 on the organisation of civil safety, the protection of the forest against fire and the prevention of major risks and the decree of application 88-622 of 6 May 1988 Amended contingency plans. In the interests of consistency, it will be codified in the public health code with the other provisions which transpose the rest of the directive. Art. 1 provides for this insertion, within a specific section VII, entitled 'Radiological emergency and sustainable exposure to ionising radiation'. In the chapeau of three subsections, s. A. 43-70 gives the objective of the interventions and defines the field (radiological emergency and sustainable exposure). Sub-section 1 deals with radiological emergency response. It specifies the responsibilities of the two main actors responsible for the radiological emergency (usually an operator) and the prefect. Art. R. 43-71 sets out a definition and the principle of the use of "levels of intervention" intended to guide the action of the prefect in the choice of measures to protect the population. The levels themselves will be set by the Minister responsible for health. Art. R. 43-72 and R. 43-73 explain the respective obligations of the official and the prefect. Art. R. 43-74 proposes, in order to assess the subsequent consequences of a radiological emergency, to refer in particular to dosimetric balances. The effectiveness of the intervention will be measured by comparing the actual doses received to those that would have been received assuming no intervention. Section 2 deals with "stakeholders". A. 43-75 defines the categories of persons involved as stakeholders. "Nuclear workers" are not included. In fact, the latter are covered by a specific decree, which provides for similar provisions for occupational exposures in a radiological emergency and refers to the decree 'intervention' in respect of the indicative levels Exhibitions, for the purposes of practical coherence and harmonisation. Art. A. 43-76 sets out the plans to be applied to stakeholders classified into two groups, group 1 or group 2 depending on whether or not they belong to pre-formed task forces. Art. R. 43-77 provides a regulatory basis for the individual exposure of persons involved in an identified radiological emergency. It sets, according to the groups, reference levels (which are not sub-actional limits) not to exceed during the intervention: - effective dose of 10 mSv, in all cases for a person in group 2: this is ten times the limit The level of intervention which will be fixed by decree as before the prefect to bring the population to the shelter (cf. Art. R. 43-71); - an effective dose of 100 mSv for the ordinary missions of a person in Group 1: twice the level of intervention which will be determined by order as to lead the prefect to evacuate the population concerned (cf. Art. R .43-71); - an effective dose of 300 mSv for the population protection missions of a person in Group 1: it is well below the exposure threshold above which some biological effects are observed. An exceptional exceedance of these levels is allowed in order to save human lives, for any volunteer and informed of the risk incurred. Art. R. 43-78 provides that after any intervention that has presented a risk, including those for which the exposure has been known only a posteriori, the interveners shall be provided with medical follow-up. The effective dose that they can total during their lifetime is now limited to 1000 mSv. R. 43-79 refers to a decree to specify the procedures for the implementation of the selection, aptitude, training, protection and supervision of the various personnel likely to carry out such interventions. Sub-section 3 deals with interventions in case of sustainable exposure. Similarly to s. R. 43-72 and R. 43-73, s. R. 43-80 and R. 43-81 list the respective obligations of the responsible person responsible for the case of sustainable exposure and the competent police authority; s. A. 43-82 organizes the information of the police authority by the various departmental departments or agencies of expertise, which must inform the decisions to be made under s. R. 43-7l. Art. A. 43-83 fixes the system of exposure to ionizing radiation (worker regulation if necessary).

Keywords

INTERIEUR , NUCLEAR ENERGY, IONIZING RADIATION, IONIZING RADIATION, RADIOACTIVITY, RADIATION PROTECTION , POPULATION, INFORMATION, ADVICE, RELIEF, SECURITY, SECURITY NUCLEAIRE, EMERGENCY PLAN, EMERGENCY SITUATION, RESPONSE, RADIOLOGICAL RISK, SAFETY OF THE PERSON, EXHIBITION, PUBLIC HEALTH, PUBLIC HEALTH CODE, EUROPEAN HARMONISATION



JORF n ° 78 of April 2, 2003 Page 5776
Text No. 1



Order No. 2003-295 dated March 31, 2003 On radiological emergency response and in the case of sustainable exposure and amending the Public Health Code (Part Two: Orders in State Council)

NOR: INTE0300061D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/3/31/INTE0300061D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/3/31/2003-295/jo/texte


Prime Minister,
On the report of the Minister of the Interior, Security Internal and local freedoms,
Having regard to Council Directive 89 /618/EURATOM of 27 November 1989 concerning the information of the population on the applicable health protection measures and on the Behaviour to be adopted in the event of a radiological emergency;
In view of Council Directive 96 /29/EURATOM of 13 May 1996 laying down basic standards for the health protection of the population and workers against the resulting dangers Ionizing radiation;
In view of the code of public health, in particular Article L. 1333-17;
Law No. 87-565 of 22 July 1987, as amended on the organisation of civil safety, the protection of the forest against fire and the protection of the The prevention of major risks;
Given Decree No. 88-622 of 6 May 1988 concerning The emergency plans adopted pursuant to Act No. 87-565 of 22 July 1987 on the organisation of civil safety, the protection of the forest against fire and the prevention of major technological risks;
Given the decree n ° 90-394 of 11 May 1990 on the National Alert Code, as amended by Decree No. 2001-368 of 25 April 2001 on information on risks and behaviour to be adopted in an emergency situation;
Given Decree No. 2002-460 of 4 April 2002 Relating to the general protection of persons against the dangers of ionising radiation;
The Conseil d' Etat (section of the interior) heard,
Describes:

Item 1
It is created in book Ier, Title I, chapter V-I of the Public Health Code (Regulatory part: Orders in Council of State), a section 7 reads as follows:


"Section 7



"
Radiological Emergency Situations and Ionizing Radiation Exposure


" Art. R. 43-70. -The provisions of this Section shall apply to the interventions referred to in Article L. 1333-1, carried out in a radiological emergency or as a result of a durable exposure to ionising radiation, as defined in Articles R. 43-71 and R. 43-72.
" Art. R. 43-71. -There is a radiological emergency when an incident or accident may result in the release of radioactive material or a level of radioactivity liable to harm public health.
" Art. R. 43-72. -The situation of sustainable exposure to ionising radiation is the consequence either of a radiological emergency or of the past or former exercise of a nuclear activity defined in Article L. 1333-1 or of one of the activities Professional referred to in R. 43-8.
" Art. R. 43-73. -The interventions referred to in Article L. 1333-1 concern:
" (a) The source of radiation in order to reduce or stop the emission of radiation and the dispersion of radionuclides;
" (b) The environment, in order to reduce or stop the contamination of persons and goods by radioactive substances;
" C) People, in order to reduce or stop the exposure and organize the treatment of victims.


"Subsection 1



" Emergency Response Radiological


" Art. R. 43-74. -In the event of a radiological emergency, the person responsible for the nuclear activity whose exercise is responsible for the situation shall take the measures incumbent upon it in the field of nuclear safety and radiation protection, shall carry out an initial assessment of the Circumstances and consequences of the situation, shall implement, where appropriate, the internal emergency plan and shall immediately inform the competent authorities of the occurrence of the incident or accident. It contributes to the information of the people and the implementation of protection measures decided by the authorities.
" Art. R. 43-75. -In the event of a radiological emergency, the competent authorities shall be prepared to implement measures to protect the population as soon as the estimates of exposure to ionising radiation and their health consequences Exceed the intervention levels defined by an order of the Minister responsible for health, after advice of the Institute for Radiation Protection and Nuclear Safety.

" In accordance with the conditions laid down in Article R. 43-76, the Prefect shall decide on the implementation of all or part of the protective measures by assessing in particular whether the damage associated with the intervention is not disproportionate to the benefit Expected.
" Art. R. 43-76. -Taking into account the information provided by the head of the nuclear activity in question or by the emergency services, the prefect initiates and implements the emergency plan (s) provided for by Law No. 87-565 of 22 July 1987.
" It uses the means of assessment made available by the relevant ministerial departments and agencies under their supervision, both at the local and national
. They shall provide, as soon as possible, information and opinions, including information concerning the distribution in time and in the space of radioactive substances likely to be dispersed and the exhibitions Potential for ionising radiation for populations and stakeholders, enabling it to assess the situation and its potential development and to implement appropriate measures for the protection of populations and Stakeholders.
" Exposure to ionizing radiation shall be evaluated in accordance with the modalities defined in Article R. 43-5.
" The prefect directs relief operations and provides information to the population. In order to comply with international obligations regarding notification, exchange of information and assistance, he informs the Prime Minister of his decisions. In liaison with the relevant ministerial departments, it shall implement, where appropriate, bilateral agreements with border
. Art. R. 43-77. -After any emergency having caused a radiological hazard to the population, the consequences of this risk are assessed and recorded, in particular in the form of dosimetric balances. The doses received by external exposure and incorporation for the duration of the exposure shall be taken into account, in accordance with the procedure defined in Article R. 43-5.
" The effectiveness of the intervention is measured by the difference between these dosimetric balances and the similar balance sheets drawn up by the competent ministerial departments and the bodies of expertise placed under their guardianship, assuming an absence


"Subsection 2



" Radiological Emergency Responders


" Art. R. 43-78. -This sub-section is intended as stakeholders for the different categories of personnel likely to be involved in the management of a radiological emergency as defined in Article R. 43-71, as well as all persons Acting either within the framework of agreements with the public authorities or in accordance with the requirements laid down in Article 10 of Act No. 87-665 of 22 July 1987, under the authority of the Director of Emergency Operations, in particular under the plans ORSEC and contingency plans as defined by Decree No. 88-622 of 6 May 1988.
" Art. R. 43-79. -In order to determine their conditions for selection, training and medical and radiological monitoring, stakeholders are classified into two groups:
" (a) The first group shall consist of the personnel comprising the special technical, medical or health intervention teams established to deal with a radiological emergency;
" (b) The second group consists of persons not belonging to special teams but intervening in the field of missions under their
. Pregnant or breastfeeding women and those under the age of 18 cannot be included in the first group teams. When the risk of exposure to ionizing radiation is established, pregnant or breastfeeding women and persons under the age of eighteen years of the second group are excluded from the scope of the radiological
. Art. R. 43-80. -Personnel belonging to the first group are subject to radiological monitoring and medical fitness control. They receive training in particular on the risk associated with exposure to ionising radiation. They have equipment adapted to the specific nature of radiological risk when engaged in operation.
" People in the second group have adapted information about the risk associated with exposure to ionizing radiation.
" Art. R. 43-81. -For an intervention in a radiological emergency identified, individual exposure reference levels, constituting practical benchmarks, expressed in terms of effective dose, are fixed as follows:
" (a) The effective dose that may be received by group 1 personnel, during the duration of their missions, is 100 millisieverts. It is set to 300 millisieverts when the work order is intended to protect people;
" (b) The effective dose that may be received by staff in Group 2 is 10 millisieverts.
" An exceedance of the reference levels of the second group may be allowed exceptionally, in order to save human lives, for voluntary stakeholders and informed of the risk of their intervention.
" The effective dose integrates all doses received by internal and external exposure. It shall be evaluated in accordance with the procedures laid down in Article R. 43-5.
" Personnel involved must be provided with individual protections and equipped with appropriate dosimetry devices.
" Art. R. 43-82. -After any intervention having presented a proven radiological risk, an individual dosimetric record and medical surveillance of the stakeholders, regardless of the group to which they belong, are carried out. The results are given to each of them and recorded in their medical records.
" The previous exhibitions shall be taken into account in determining the person's ability to carry out the tasks within his or her competence in accordance with the regulations specific to each category of
. Art. R. 43-83. -In no case shall the total effective dose on the entire life of an intervener exceed 1 sievert.


"Subsection 3



" Exposure Interventions Durable


" Art. R. 43-84. -The person responsible for a nuclear activity or a professional activity, past or former, responsible for a case of long-term exposure of persons to ionizing radiation, is required to set up a monitoring device for the Exhibitions and site remediation in accordance with the terms and conditions laid down by the competent police authority. It shall cooperate in the information of the populations and in the implementation of the protective measures decided upon by the competent police
. In the absence of a known or solvent person, the same obligations may be imposed on the site owner.
" Art. R. 43-85. -When a case of sustained exposure of persons to ionizing radiation has been identified, the competent police authority shall take one or more of the following measures:
" (a) Population information;
" (b) The delimiting of the perimeter within which the measures defined in this Article are implemented;
" (c) Establishment of an exposure monitoring device;
" (d) Regulation of access or use of land and buildings located in the delimited perimeter;
" (e) Implementation of any appropriate intervention to reduce exposure of persons taking into account the reference levels established by the Ministers responsible for health and the environment, after the advice of the Radiation Protection Institute and the Nuclear safety.
" The levels referred to in the e concern, depending on the situation, the foodstuffs and the waters produced within the boundaries of the perimeter, and the land and buildings within the perimeter, taking into account their current uses or Come.
" Art. R. 43-86. -In order to assess the situation and its long-term development and to implement the measures set out in Article R. 43-85, the police authority shall benefit from the means of assessment made available to them by the relevant ministerial departments and Bodies of expertise placed under their supervision. They shall provide it with all relevant information and advice, including information concerning the temporal and spatial distribution of dispersed radioactive substances and the resulting ionizing radiation exposures. Populations and people likely to be involved.
" Exposure to ionizing radiation shall be evaluated in accordance with the modalities defined in Article R. 43-5.
" The competent police authority shall, where appropriate, inform the prefect and the competent ministers of his decisions. In liaison with them, it shall ensure, where appropriate, the necessary contacts with the border
. Art. R. 43-87. -In situations of sustainable exposure, if the estimated doses justify it, stakeholders benefit from the protection afforded by the regulations in force to workers exposed to ionising radiation.


" Subsection 4



"Miscellaneous Provisions


" Art. R. 43-88. -The powers conferred on the prefect by this section shall be exercised in Paris by the prefect of the police. "

Item 2 Learn more about this Article ...


Minister of Interior, Internal Security and Local Freedoms, Minister of Social Affairs, Labour and Solidarity, Minister The Minister of Economy, Finance and Industry, the Minister of Ecology and Sustainable Development and the Minister of Health, Family and Disabled Persons shall each be responsible for The execution of this Order, which will be published in the Official Journal of the French Republic.


Done at Paris, March 31, 2003.


Jean-Pierre Raffarin


By the Prime Minister:


Minister of the Interior,

of internal security

and local freedoms,

Nicolas Sarkozy

Social Affairs Minister,

of work and solidarity,

François Fillon

Minister of Defence,

Michèle Alliot-Marie

Minister of Economy,

Finance and Industry,

Francis Mer

Minister of Ecology

and Development Durable,

Roselyne Bachelot-Narquin

The Minister of Health, the

Family and People with Disabilities,

Jean-François Mattei


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