Key Benefits:
The Prime Minister,
On the Minister of Ecology and Sustainable Development and the Minister of Economy, Finance and Industry,
Given the Environmental Code, including articles L. 542-1-1, L. 542-10-1 and R. 123-1;
Given the Public Health Code, Articles L. 1333-4 and R. 1333-27;
In view of Law No. 2006-686 of 13 June 2006 on transparency and safety in nuclear matters, in particular Articles 2 and 28;
In view of Decree No. 63-1228 of 11 December 1963 concerning Nuclear facilities;
Given the opinion of the Nuclear Safety Authority dated 24 January 2007;
The Council of State (Public Works Section) heard,
Describes:
For the application of article 28, paragraph 1, of the aforementioned Act of 13 June 2006, a nuclear reactor is an apparatus for producing and Control a self-sustaining nuclear reaction.
For the application of 2 ° and 3 ° of III of Article 28 of the Law of 13 June 2006, account shall be taken of the total activity of the radionuclides present in or likely to be present in the facility and of those Which, held by the operator in the vicinity of the facility, may alter the risks or disadvantages to the interests referred to in section 28 of the same Act.
The total activity of these radionuclides is expressed by a Q coefficient Calculated in accordance with the terms and conditions set out in the schedule to this Order.
Basic nuclear facilities:
1 ° Nuclear fuel preparation, enrichment, processing, or storage facilities, and The associated facilities for the treatment or storage of the waste that they produce, when these facilities have a Q coefficient greater than 106;
2 ° Other facilities for the treatment or storage of radioactive waste, When they have a Q coefficient greater than 109;
3 ° The installation provided for in Article L. 542-10-1 of the Environment Code and any other radioactive waste storage facility when it has a higher Q coefficient than 109;
4 ° The facilities in which radioactive substances may be held, where the sum of the Q coefficient calculated for radioactive substances which are in the form of sealed sources reported to 10 ¹ ¹ and the Q coefficient Calculated for radioactive substances that are not in the form of sealed sources reported to 109 is greater than unity;
5 ° Facilities in which fissile material may be held, if the sum of the reports between the Masses of the fissile material mentioned below and their reference masses is greater than unity. The reference mass to be taken into account for this calculation is set at 200 g for plutonium 239, 200 g for uranium 233, 400 g for uranium 235 contained in enriched uranium in excess of 6 % and 800 g for uranium 235 Content in enriched uranium in a proportion between 1 % and 6 %.
However, the facilities referred to in 1 ° that only use uranium ore or uranium ore are not the basic nuclear facilities. Residues or processing products of that ore and the facilities referred to in 4 ° and 5 ° which may only possess uranium ore, thorium ore, radium ore or residues or processing products thereof Minerals.
For the application of the 4 ° of III of section 28 of the Act of June 13, 2006, are basic nuclear installations:
1 ° Electron accelerators, if the following two conditions are simultaneously Filled:
a) The energy that can be communicated to the electrons is greater than 50 MeV;
b) The corresponding power of the electron beam is greater than 1 kW.
2 ° The ion accelerators, if the following two conditions are Simultaneously filled:
a) The energy that can be communicated to ions is greater than:
300 MeV for ions of mass number less than or equal to 4;
75 MeV per nucleon for ions of mass number greater than 4;
b) La Corresponding power of the ion beam is greater than 0.5 kW.
Article R. 123-1 of the Environment Code is thus modified:
1 ° In Annex I, the 29 ° is replaced by the following:
You can view the table in the OJ
No 110 of 12/05/2007 text number 82
2 ° Annexes II and III are repealed.
Section 2 of the aforementioned decree of December 11, 1963, is repealed.
However, its provisions continue to apply to nuclear activities and facilities relevant to the defence referred to in III of the Article 2 of the Act of 13 June 2006.
The Minister of Economy, Finance and Industry, the Minister of Ecology and Sustainable Development, and the Minister Delegate to Industry are responsible for the implementation of the This Order, which will be published in the Official Journal of the French Republic.
A N N E X E
A. -Definitions
For the purposes of this Order:
1 ° The terms " Radioactive substances "," Radioactive waste "," Storage " And " Radioactive waste storage " Are defined in article L. 542-1-1 of the environment code.
The terms " Accelerator "," Activity "," Nucleid "," Radioactivity "," Radionuclide "," Unsealed radioactive source " And " Sealed radioactive source " Are defined in Annex 13-7 to the first part of the code of public health;
2 ° Preparation, enrichment, manufacturing, processing or storage of nuclear fuel includes all operations Performed in view:
(a) To produce nuclear fuel for use in a nuclear reactor, excluding mine-code mining;
(b) The removal or storage of recoverable nuclear fuel materials. Materials;
3 ° Natural uranium ore processing products are all uranium-isotope, non-enriched uranium 235 products obtained from that ore for use;
4 ° The power of a particle beam Is the product of the energy communicated to each particle and the maximum number of particles that can arrive per unit of time on a virtual target intercepting the entire beam.
B. -Method of taking into account the radionuclides
present in the facility
1 ° Reference values:
Each radionuclide is associated with a reference value in becquerels.
For radionuclides listed in the Table A of Annex 13-8 to the first part of the Public Health Code or in an order made pursuant to Article R. 1333-27 of this Code, the reference value shall be equal to the quantity exemption threshold fixed by that Annex or this
However, for tritium, the reference value is set to 107 Bq.
The reference value of the other radionuclides may be determined by decision of the Nuclear Safety Authority according to the radiation protection requirements. Otherwise, the reference value is set to 1 000 Bq.
2 ° Quantification of the activity of the radionuclides in an installation:
In an installation where one or more radionuclides are present, the Q coefficient mentioned in Section 2 of this Order is calculated using the formula:
Q = S (Ai/Arefi)
i
in which Ai represents the activity (in Bq) of the radionuclide i and Arefi is the reference value of the Radionuclide i.
For radionuclides in equilibrium with their parent radionuclide, the Arefi reference value of the parent radionuclide takes into account the radiotoxicity of the radionuclides of filiation. The activity of the latter must therefore not be taken into account for the calculation of the coefficient Q. For the parent radionuclide, the reference value is denoted Arefi (+) or Arefi (sec) according to the marking agreements defined by the regulatory texts Referred to at 1 ° du B.
3 ° Exclusions:
The presence of radioactive sources in the installations mentioned in the last paragraph of Article 2, where these sources are used exclusively for calibration, testing, detection and Measures, does not prevent such installations from being excluded from the scope of basic nuclear installations. However, these sources are taken into account for the determination of the Q coefficient.
Radionuclides contained in radioactive substances whose mass activity is less than 100 kBq per kilogram are not taken into account in the calculation of the Q coefficient or for the application of the thresholds mentioned in 4 ° of Article 2.
The same applies to natural radionuclides contained in radioactive substances that are not or have never been used for their radioactive properties, Fissile or fertile.
Fact in Paris, May 11, 2007.
Dominique de Villepin
By the Prime Minister:
The Minister of Ecology
and Sustainable Development,
Nelly Olin
Minister of Economy,
Finance and Industry,
Thierry Breton
Industry Minister,
François Loos
