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Inter-Ministerial Directive Of 30 May 2005 On The Implementation Of The International Convention On Early Notification Of A Nuclear Accident And The Decision Of The Council Of The European Communities On Community Arrangements...

Original Language Title: Directive interministérielle du 30 mai 2005 relative à l'application de la convention internationale sur la notification rapide d'un accident nucléaire et de la décision du Conseil des Communautés européennes concernant des modalités communaut...

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JORF #125 of May 31, 2005 page 9652
text #1




Interministerial Directive of 30 May 2005 on the application of the International Convention on the Early Notification of an Accident Decision of the Council of the European Communities concerning Community arrangements for the rapid exchange of information in the event of a radiological emergency

NOR: PRMD0550005X ELI: https://www.legifrance.gouv.fr/eli/directive/2005/5/30/PRMD0550005X/jo/texte


1. Preamble


Regardless of the bilateral agreements on the exchange of information in the event of an accident or accident which may have radiological consequences, France has undertaken to apply:
-the provisions of the Convention on the Early Notification of a Nuclear Accident, adopted on 26 September 1986 at the 30th Assembly of the International Atomic Energy Agency (IAEA) and entered into force for France on 6 April 1989, hereinafter referred to as " IAEA Convention " ;
-the decision of the Council of the European Communities of 14 December 1987 on Community arrangements for the rapid exchange of information in the event of a radiological emergency, hereinafter referred to as " Decision of the Council ".
The IAEA Convention shall apply, within the meaning of Article 1," In any accident involving installations or activities of a State Party or natural or legal persons under its jurisdiction or control, and which entails or will likely result in the release of radioactive material, and which has had or may Have as a consequence a cross-border rejection that is likely to be of importance from the point of view of radiological security for another State ". It obliges each State Party to notify the IAEA without delay, as well as to States that may be physically affected, directly or through the IAEA, the nature of the accident, its location, the time at which it occurred, and Promptly provide them with the additional information available to them enabling them to take the measures they consider appropriate to minimise the radiological consequences.
The Council's decision, notified to France on 21 December 1987, Shall apply in all cases where a Member State decides to take measures of General scope to protect the population in the event " Radiological emergency " Within the meaning of Article 1 of that decision. It obliges that State to notify immediately these measures to the European Commission and to the states which they affect or risk to affect, to indicate the reasons for which they have been taken, and to provide promptly the Information available to enable, where appropriate, to reduce the possible radiological impacts in these
. Event " Within the meaning of this Directive a nuclear accident or a radiological emergency as defined by Article 1 of the IAEA Convention and Article 1 of the Council Decision.
The duality of the criteria for applying the two texts Above could lead to the application of only one of the two international instruments in certain cases, such as an accident involving measures of general scope for the protection of populations in the absence of transfer of material Radioactive material across the border. Given the international and Community sensitivity, it is decided to provide simultaneous information to all parties related to the two texts, specifying that the information is transmitted either for information purposes or for information purposes. Notification.
This Directive designates the competent national authorities and the national alert point, bodies responsible for implementing and implementing the Directive, in particular as regards: The development and transmission of event messages to other States Concerned, the IAEA and the European Commission (both of which are hereinafter referred to as " International institutions ").


2. Application of the IAEA Convention
and the decision of the Council


The national alert point and the competent national authorities listed below constitute the sole interlocutors of the States concerned and the relevant national authorities. International institutions to transmit or receive, in the event of an event, the official information or data concerning the accidental situation and its subsequent development, the measures in the environment the consequences for the population And the environment and the protection actions committed.
The However, the provisions of this Directive do not preclude the direct exchange of information with foreign countries in accordance with the bilateral or multilateral information conventions established elsewhere. The authorities designated for the application of these conventions shall without delay inform the competent national authority concerned of their action and of the content of the information transmitted.


2.1. Designation of the national alert point
and the competent national authorities
2.1.1. The National Alert Point


The national alert point is defined in Article 7 of the IAEA Convention and Article 5 of the Council Decision. The Ministry of Foreign Affairs is the single national alert. As such, it maintains a permanent alert centre (diplomatic communications centre).


2.1.2. The competent national authorities


Defined in Article 7 of the IAEA Convention and Article 5 of the Council Decision, these authorities are:
-the Directorate-General for Nuclear Safety and Radiation Protection (DGSNR), whose area of competence is defined by Decree No. 93-1272 of 17 December 1993, as amended by Decree No. 2002-255 of 22 February 2002, and which is also Competent for events outside the national territory;
-the delegate to nuclear safety and radiation protection for defence activities and installations (DSND), whose area of competence is defined by the Decree No. 2001-592 of 5 July 2001.
The DGSNR and the DSND define the conditions for their Mutual assistance, lay down the arrangements for the exchange of information held or transmitted by them, as well as those of the change of competent national authority after the return to the stable and controlled state of an installation falling within the competence of the DSND. These terms are defined in a protocol.


2.2. The role of the national alert point and the competent national authorities
2.2.1. The national alert point


As soon as it is informed by a Member State of the European Union, by a State Party to the IAEA Convention or by the international institutions of an event which took place abroad and transmitted to the title Of the IAEA Convention and/or the Council decision, the national alert point shall immediately forward the information for action to the DGSNR, the competent national authority, and for information to the Prime Minister (SGDN-CVA)
Event occurring on national territory, the national alert point Shall communicate to the competent national authorities any information and documents transmitted to it by the States concerned and by the international institutions relating to the event under consideration.
Information which is not Events, such as those related to the operation of the system, are transmitted only to the NDMS.


2.2.2. The competent national authorities
2.2.2.1. Event occurring on national territory


When on national territory a " Event " Within the meaning of the inter-ministerial directive of 7 April 2005 on the action of public authorities in the event of an event resulting in a radiological emergency, published in the Official Journal of the French Republic of 10 April 2005 (hereinafter Directive 4700), the competent national authority concerned shall assess the applicability of the IAEA Convention and the Council decision, as appropriate, with regard to the information provided to it by the operator and the Director of the Rescue operations.
In case these commitments, or only one of the two, Shall be implemented, the competent national authority:
-shall without delay notify (or inform as the case may be) the relevant international institution (s) and the States which may be affected, its nature, the time at which it Has occurred, its location and the actions taken for the protection of the populations where appropriate. This notification shall be made after information of the Minister concerned, as the case may be, the Minister of Defence or the Minister responsible for industry, when the event falls within the competence area of the NSD; and
-provides them with rapid Relevant information to limit as much as possible in the states concerned the radiological consequences;
-provides the Prime Minister (SGDN-CVA), the relevant ministers, the other competent national authority and the point of alert National, copies of notifications and information transmitted.
To this end, the authority The competent national concerned shall carry out the compilation and synthesis of the information referred to in Article 5 of the IAEA Convention and Article 3 of the Council Decision, drawing on the national crisis management organisation as it is
After notification of the event, the competent national authority shall consult with the Prime Minister (SGDN) and the relevant ministers if the seriousness of the event justifies it, In order to prepare the additional information it will be necessary to Transmit.


2.2.2.2. Event occurring outside Canada


In the event of an event occurring abroad, the SNB, informed by the national alert point or any other channel, considers the nature of the danger to the populations and the environment And, where appropriate, immediately alert the authorities responsible for setting up the national crisis organisation in accordance with the provisions of the aforementioned interministerial directive 4700.


2.2.2.3. Exercises


The competent national authorities and the national alert point participate in exercises organised by international bodies within the framework of the IAEA Convention and/or the Council Decision, carried out In particular to test the transmission channels.
Similarly, the provisions laid down in this Directive will have to be tested, under the responsibility of the competent national authorities, during specific exercises or integrated into the Nuclear crisis exercises provided for in the Directive
A summary report on the conduct of large-scale exercises is sent by the NDMS to the Prime Minister (DRMS) and the relevant ministers.


2.3. The special role of the COGIC


The provisions of this directive are without prejudice to the powers of the Operational Centre for Interministerial Crisis Management (COGIC), which, under the responsibility of the Minister of the Interior, Internal security and local freedoms, is the contact point for the European Commission's Monitoring and Information Centre.


2.4. Special role of Météo-France


At the national level, Météo-France, under the responsibility of the Minister responsible for transport, is responsible for assisting the public authorities, in particular during an accidental release or when it exists A risk of the release of hazardous materials into the atmosphere. The products developed in the framework of this assistance mission, or for the benefit of the IAEA in the context of an event taking place on the national territory, can only be transmitted to international bodies by the competent national authority. The information provided by Météo-France on this occasion must specify the source term used.
At the international level, Météo-France has been designated as the Regional Specialized Meteorological Centre (CMRS) by the World Organisation WMO and the IAEA. In this capacity, he is responsible for developing standard models for the dispersion of radioactive elements in the atmosphere with comments, and meteorological reports upon request from the IAEA.
When the event occurs outside From the national territory and in the Europe and Africa regions, Météo-France transmits to the competent national authorities and the IRSN a copy of the products developed for the benefit of the IAEA by specifying the source term used.


3. Elaboration of messages in the
frame of an event occurring on the national territory
3.1. Nature of messages


The IAEA Convention and the Council Decision contain very similar requirements as to the nature of the information to be provided and the time and frequency of the information to be provided Be issued. Consequently, when the two conventions are applied simultaneously, the content of the messages is identical and their broadcast follows the following order:
A first message, without delay, issued by the competent national authority concerned notifies (or, If the event is an event that causes or is likely to result in a significant emission of radioactive material, or the detection of abnormal levels of radioactivity likely to affect the Public health. This message indicates the general protection measures taken or envisaged.
A subsequent message provides the detailed information listed in Articles 3 of the Council Decision and 5 of the IAEA Convention, respectively. The development of this message, which is subject to the implementation of radioactivity measurements on the ground, evaluations and concertations, must not exceed a few hours.
Additional messages update and supplement the Information as needed.
These notifications and information specify that they are passed to either:
- " In respect of the decision of the Council ', where the criteria laid down by that decision are met;
- ' Under the IAEA Convention ", where the criteria set out in that Convention are met;
-" Under the decision of the Council and the IAEA Convention ", if the criteria provided for by these two international instruments are met;
-" For information " If none of the criteria laid down in the two instruments is fulfilled.
Messages shall be sent by the competent national authority to the international institutions and States concerned in accordance with the procedures set out below.


3.2. Mode of transmission, format and content of messages


International institutions may make available to the competent national authorities and the national alert point specific tools (in particular Dedicated hardware, software and transmission channels for the European Commission, a specific website for the IAEA) for the preparation and transmission of notifications and information messages. The use of these tools will have to be preferred.
The formats and contents of the messages are transmitted according to the models corresponding to the requirements of the IAEA and the European Union.


4. Entry into force and repealed texts


This Directive shall enter into force upon its publication in the Official Journal of the French Republic.
The Minister for Foreign Affairs is responsible for notifying the IAEA of the designation The DGSNR and the DSND as the competent national authorities and the Ministry of Foreign Affairs as a national alert within the meaning of Article 7 of the IAEA Convention.
The Permanent Representative of France to the European Union, on ICMS training is responsible for notifying the European Commission and the European Commission Member States the designation of the DGSNR and the DSND as competent national authorities, and of the Ministry of Foreign Affairs as the contact instance (national alert point) within the meaning of Article 5 of the decision of the Council of the Union European.
This Directive repeals and replaces the inter-ministerial directive SGSN 7100 and SGDN No. 151 of 30 July 1987 on the application of the International Convention on the Early Notification of a Nuclear Accident, the Inter-ministerial directive SGSN n ° 8100 and SGDN n ° 438 of 16 June 1988 on the application The decision of the Council of the European Communities on the Community arrangements for the rapid exchange of information in the event of a radiological emergency and the inter-ministerial directive SGSN 9100 and SGDN n ° 913 of 4 July 1989 on the rapid notification of a radiological emergency.
Done at Paris, May 30, 2005.


The Prime Minister,

Jean-Pierre Raffarin

The Minister of The inside,

of the

internal security and local freedoms,

Dominique de Villepin

The Minister of Solidarity,

de la santé et de la famille,

Philippe Douste-Blazy

The Minister of Defence,

Michèle Alliot-Marie

The Minister of Business Foreign,

Michel Barnier

Minister of Economy,

Finance and Industry,

Thierry Breton

The Minister of Equipment, Transport,

Spatial Planning,

du Tourism and the sea,

Gilles de Robien

Le Minister of Ecology

and Sustainable Development,

Serge Lepeltier


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