Key Benefits:
The National Assembly and the Senate have adopted,
The President of the Republic enacts the following law:
I. -Nuclear safety includes nuclear safety, radiation protection, prevention and control of acts of malice, as well as civil safety actions in the event of an accident
Technical and organisational measures relating to the design, construction, operation, cessation and decommissioning of basic nuclear installations, as well as the transport of radioactive substances, taken to prevent Accidents or limiting their effects.
Radiation protection is the Protection against ionising radiation, i.e. the set of rules, procedures and means of prevention and monitoring aimed at preventing or reducing the harmful effects of ionising radiation produced on persons, Directly or indirectly, including by environmental damage.
Nuclear transparency is the set of measures taken to ensure the public's right to reliable and accessible information on the Nuclear security.
II. -The State defines nuclear safety regulations and implements controls for the application of that regulation. It ensures that the public is informed about the risks associated with nuclear activities and their impact on human health and safety and the environment.
I. -The exercise of activities involving the risk of exposure of persons to ionising radiation must comply with the principles laid down in Article L. 1333-1 of the Code of Public Health and II of Article L. 110-1 of the Environment
. II. -In accordance with the principle of participation and the polluter-pays principle, persons engaged in nuclear activities must, in particular, respect the following rules:
1 ° Every person has the right, under the conditions laid down by this Law and the decrees made for his application, to be informed about the risks associated with nuclear activities and their impact on the health and safety of persons, as well as On the environment, and on discharges of effluents from installations;
2. Those responsible for these activities bear the cost of preventive measures, including analyses, as well as measures to reduce risks and discards Effluent that is prescribed by the administrative authority under this Act
III. -Nuclear activities and facilities of interest to the defence shall not be subject to this Law, except Article 1 and this Article. A decree of the Council of State specifies the categories of facilities and activities concerned and defines the information and control obligations applied to them in accordance with the principles of the organisation of nuclear safety And radiation protection with defence requirements. The equipment and facilities necessary for the operation of a defence nuclear facility located within its perimeter are deemed to be part of this facility.
Nuclear facilities and activities of interest to Defence shall not be subject to the provisions of Articles L. 214-1 to L. 214-6 of the Environmental Code or to those of Title I of Book V of the same Code, nor to the authorisation or declaration scheme established by Article L. 1333-4 of the Health Code Public.
The equipment and facilities located within its perimeter, which Are not necessary for the operation of a nuclear facility of interest to the defence, shall remain subject to the provisions of the Environmental Code and the aforementioned Public Health Code, the competent authority for activities and installations Relevant to the defence exercising the powers of the administrative authority in respect of the individual and control decisions provided for in those provisions.
In application of this Law:
1 ° decrees in Council of State, taken after notice of the Nuclear Safety Authority:
(a) May order the permanent cessation and dismantling of a basic nuclear facility under the conditions referred to in Article 34;
b) Determine the application of Chapter III of Title III of Book III of the First part of the code of public health;
c) Determines how the first paragraph of Article L. 231-7-1 of the Labour Code is to be applied;
2 ° decrees, taken after the opinion of the Nuclear Safety Authority:
(a) Authorize the establishment of a basic nuclear facility under the conditions set out in Article 29;
(b) Authorize the final stop and the dismantling or the final stop and the supervision phase of a Basic nuclear installation under the conditions laid down in Article 29;
(c) may terminate the authorization of a basic nuclear facility under the conditions set out in the X of Article 29;
3 ° The Ministers responsible for security Nuclear Radiation Protection Ministers and Radiation Protection Ministers Within the Nuclear Safety Authority referred to in Article 12;
4 Nuclear Safety Ministers:
(a) Arrest the general rules laid down in Article 30;
(b) Homologate the technical regulatory decisions of the Nuclear Safety Authority referred to in Article 4 (1);
c) Approval of decisions of the Authority Nuclear Safety for the Decommissioning of a Basic Nuclear Facility referred to in VIII of Article 29;
(d) The suspension of the operation of a basic nuclear facility under the conditions defined in Article IV of the Article 29;
e) May prohibit, after notice from the Safety Authority The resumption of the operation of a basic nuclear facility under the conditions referred to in Article 29 (X);
f) Approval of decisions of the Nuclear Safety Authority in accordance with Article IV of the Article, except as an emergency 41;
5 ° Ministers responsible for radiation protection shall certify the technical regulatory decisions of the Nuclear Safety Authority referred to in Article 4 (1);
6 ° Nuclear Safety Authority:
(a) Makes technical regulatory decisions referred to in 1 ° of section 4;
(b) Authorizes the commissioning of a basic nuclear facility under the conditions set out in section 29;
(c) May impose Requirements under the conditions laid down in I, III, V, VI, IX and X of Article 29 and in Article 33;
(d) Pronounce the individual decisions provided for in the regulation of equipment under pressure referred to in Article 4 (2);
e) Authorizations or approvals for the transport of radioactive substances Referred to in Article 35;
(f) Pronounce decisions and take the measures referred to in Article 41;
(g) Grant the authorisations provided for in Article L. 1333-4 of the Public Health Code, including authorisations for installations and Medical equipment using ionising radiation and authorisations for holding and importing radioactive sources; it may withdraw them by reasoned decision in accordance with the conditions laid down in Article L. 1333-5 of the same Code.
The Nuclear Safety Authority, an independent administrative authority, is involved in the control of nuclear safety and Radiation protection and public information in these areas.
As such:
1 ° The Nuclear Safety Authority is consulted on draft regulations and ministerial orders of a regulatory nature relating to nuclear
. May make regulatory decisions of a technical nature to supplement the procedures for the application of decrees and orders made in the field of nuclear safety or radiation protection, with the exception of those relating to occupational medicine. Such decisions shall be subject to the approval of the Ministers responsible for nuclear safety for those of them relating to nuclear safety or ministers responsible for radiation protection for those relating to nuclear safety. Radiation protection. Approval orders and approved decisions shall be published in the Official Journal.
Decisions of the Nuclear Safety Authority taken on the basis of Article 29 shall be communicated to the Ministers responsible for nuclear safety;
2 ° The Nuclear Safety Authority shall ensure compliance with the general rules and the specific requirements for nuclear safety and radiation protection to which the basic nuclear installations defined in the Article are subject 28, construction and use of pressure equipment Specially designed for such installations, the transport of radioactive substances and the activities referred to in Article L. 1333-1 of the Code of Public Health and the persons referred to in Article L. 1333-10 of the same
. Shall organise a permanent watch on radiation protection in the national territory.
Nuclear Safety Inspectors referred to in Title IV of this Law shall be appointed by the inspectors of the radiation protection referred to in this Law. In Article L. 1333-17 of the Code of Public Health and Agents Responsible for monitoring compliance with the provisions relating to the pressure equipment mentioned in this 2 °. It shall issue the necessary approvals to the bodies involved in the checks and on the day before in the matter of nuclear safety or radiation protection;
3 ° The Nuclear Safety Authority shall participate in public information in the fields of its Competence;
4 ° The Nuclear Safety Authority is associated with the management of radiological emergency situations resulting from events that affect the health of persons and the environment by exposure to ionising radiation And occurring in France or likely to affect French territory. It shall provide technical assistance to the competent authorities for the preparation, within the emergency organization plans, of the provisions taking into account the risks arising from nuclear activities provided for in Articles 14 and 15 of the Law No. 2004-811 of 13 August 2004 for the modernization of civil security.
When such an emergency occurs, it assists the Government in all matters relating to its jurisdiction. It shall make recommendations to the competent authorities on measures to be taken in the medical and health care field or in the field of civil safety. It shall inform the public of the safety of the facility at the origin of the emergency, where it is subject to its control, and any discharges to the environment and of their risks to the health of persons and to The environment;
5 ° In the event of an incident or accident involving a nuclear activity, the Nuclear Safety Authority may conduct a technical investigation in accordance with the procedures laid down in Law No. 2002-3 of 3 January 2002 on the safety of nuclear Transport infrastructure and systems, technical surveys and storage Underground natural gas, hydrocarbons and chemical products.
The opinions of the Nuclear Safety Authority under 1 ° of Section 4 is deemed to be favourable if they are not rendered within two months. This period may be reduced, in the event of a reasoned emergency, by the administrative authority entering the Nuclear Safety Authority. A decree of the Council of State fixes the time limits beyond which the opinions of the Nuclear Safety Authority, necessarily required under any other provision of this Law, are deemed to be favourable in the absence of an explicit response.
The Nuclear Safety Authority makes public its opinions and decisions released by the College in accordance with the rules of Confidentiality under the law, in particular Chapter IV of Title II of the Book I of the Environmental Code and Law n ° 78-753 of 17 July 1978 carrying out various measures to improve relations between the administration and the public and various administrative, social and fiscal provisions.
The Nuclear Safety Authority draws up an annual activity report which it forwards to Parliament, which shall refer the matter to the Office Parliamentary assessment of scientific and technological choices, to the Government And to the President of the Republic.
At the request of the competent committees of the National Assembly and the Senate or the Parliamentary Office for the Assessment of Scientific and Technological Choices, the President of the Nuclear Safety Authority shall Report on the activities of the Assembly.
At the request of the Government, the competent committees of the National Assembly And the Senate or the Parliamentary Election Assessment Office Science and technology, the Nuclear Safety Authority formulates opinions or studies on matters within its competence. At the request of the Ministers responsible for nuclear safety or radiation protection, it shall carry out technical instructions within its competence.
The Nuclear Safety Authority shall send to the Government its proposals for the definition of the French position in international negotiations in the fields of its competence. It shall participate, at the request of the Government, in the French representation in the bodies of relevant international and Community organisations in these
. The European Union relating to radiological emergencies, the Nuclear Safety Authority is competent to alert and inform the authorities of third States or to receive their alerts and information.
The Nuclear Safety Authority consists of a college of five members appointed by decree because of their competence in the fields of nuclear safety and Radiation protection. Three of the members, including the President, are appointed by the President of the Republic. The other two members are appointed by the Speaker of the National Assembly and the Speaker of the Senate.
The term of office of the members is six years. If one of the members does not carry out his or her term of office, the member appointed to replace him shall perform his duties for the remainder of the term of office. No one shall be appointed to the College after the age of sixty-five years.
For the initial constitution of the College, the President shall be appointed for six years and the term of office of the two other members appointed by the President of the Republic shall be fixed, by Draw lots, four years for one and two years for the other. The term of office of the two members appointed by the Speakers of the Parliamentary Assemblies shall be fixed, by lot, at four years for one and six years for the other.
The term of office of members shall not be renewable. However, this rule shall not apply to members whose term of office has not exceeded two years under either of the two preceding paragraphs.
A member's duties may be terminated only in the event of incapacity or resignation Recognised by the Nuclear Safety Authority acting by a majority of the members of its college or in the cases provided for in Article 13.
However, the President of the Republic may also terminate the duties of a member of the College in the case of Serious breach of its obligations.
The College of the Nuclear Safety Authority can validly deliberate only if at least three of its members are present. It shall deliberate by a majority of the members present. In the event of an equal sharing of votes, that of the President shall be paramount.
In the event of an emergency, the President of the Authority or, in his absence, the member designated by him shall take the measures required by the situation in the fields covered by the College. It shall convene the College as soon as possible to report on such measures.
The Safety Authority Its rules of procedure shall lay down the rules relating to its organisation and operation. The rules of procedure lay down the conditions under which the College of Members may delegate powers to its President or, in his absence, to another member of the College, as well as those in which the President may delegate his Signature to officials of the authority's services; however, neither the opinions referred to in Article 4 nor the regulatory decisions may be delegated.
The rules of procedure shall be published in the Official Journal After approval by the Ministers responsible for nuclear safety and Radiation protection.
Members of the College of the Nuclear Safety Authority perform their duties on a full-time basis. The President and the members of the College shall receive, respectively, treatment equal to that in respect of the first and second of the two higher categories of State jobs classified as non-scalable.
The members of the College shall Non-partisan functions without instructions from the Government or any other person or institution.
The function of a member of the College is incompatible with any professional activity, elective office and other employment Public. The Nuclear Safety Authority shall, by a majority of the members of the College, resign as ex officio the members who are placed in one of those cases of incompatibility.
Upon appointment, the members of the College shall establish A statement indicating the interests they hold or have held in the previous five years in the areas of authority's jurisdiction. This declaration, lodged at the headquarters of the authority and held at the disposal of the members of the College, shall be updated at the initiative of the member of the college concerned as soon as an amendment is made. No member may hold, during his or her term of office, an interest of such a nature as to affect his or her independence or impartiality.
For the duration of their duties, the members of the College shall not, in their personal capacity, take any public position on Subjects falling within the competence of the authority. During their term of office and after the end of their term of office, they shall be bound by professional secrecy for the facts, acts and information of which they may have been informed by reason of their functions, in particular the deliberations and the votes
President shall take appropriate measures to ensure compliance with the obligations arising out of this Article. Irrespective of the ex officio resignation, the functions of a member of the College may be terminated in the event of a serious breach of its obligations. This decision shall be taken by the College, acting by a majority of the members, and under the conditions laid down in the rules of procedure.
For the performance of the tasks entrusted to the Nuclear Safety Authority, its President shall have standing in court on behalf of the State.
The Nuclear Safety Authority has services under the authority of its President. It organises the inspection of nuclear safety and radiation protection.
It may employ officials in the position of activity and recruit contract agents under the conditions laid down in Article 4 of Law No. 84-16 of 11 January 1984 laying down statutory provisions relating to the public service of the State. Officials in operation of the State services may, with their agreement, be made available to the Nuclear Safety Authority, if necessary on a part-time basis, in a manner specified by decree in the Council of State
Nuclear safety may benefit from the making available, with their consent, of officials of public institutions.
The President has the power to pass any relevant convention to the performance of the tasks of the authority.
The President of the Nuclear Safety Authority shall be responsible for the ordering and liquidation, on behalf of the State, of the tax instituted by Article 43 of the Finance Law for 2000 (No 99-1172 of 30 December 1999).
The Nuclear Safety Authority proposes to the Government the funds necessary for the performance of its missions. It shall be consulted by the Government on the part of the State grant to the Institute for Radiation Protection and Nuclear Safety corresponding to the Institute's technical support mission to the Nuclear Safety Authority. An agreement between the Nuclear Safety Authority and the Institute shall lay down the terms and conditions of this technical support.
The President of the Nuclear Safety Authority shall be the authorising officer of revenue and expenditure.
A decree in the Council of State may specify the procedures for the application of this Title, including the procedures for the approval of decisions of the Safety Authority Nuclear
The State is responsible for the information Public on the modalities and results of the control of nuclear safety and radiation protection. It shall provide the public with information on the consequences, on the national territory, of nuclear activities carried out outside the State, in particular in the event of an incident or accident.
I. -Every person has the right to obtain from the operator of a basic nuclear facility or, where the quantities exceed the thresholds prescribed by decree, the person responsible for the transport of radioactive substances or of the holder of the Such substances, the information held, whether received or established by them, on the risks arising from exposure to ionising radiation which may result from this activity and on the safety and radiation protection measures taken in respect of To prevent or reduce these risks or exposures, under the conditions defined in the L. 124-1 to L. 124-6 of the Environment
. -Disputes concerning the refusal to disclose information contrary to this Article shall be brought before the administrative court in accordance with the procedure laid down in Law No. 78-753 of 17 July 1978,
above. -The provisions of Chapter II of Title I of Law No. 78-753 of 17 July 1978 shall not apply to information submitted pursuant to this Article.
Article 21 of Law No. 78-753 of 17 July 1978 is supplemented by a paragraph worded as follows:
" The Commission is also responsible for questions relating to access to information held by operators of a basic nuclear facility and persons responsible for the transport of radioactive substances in the Conditions laid down in Article 19 of Law No. 2006-686 of 13 June 2006 on transparency and safety in nuclear matters. "
Every operator of a basic nuclear facility establishes a report each year that states:
-arrangements for nuclear safety and radiation protection;
-nuclear safety and radiation protection incidents and accidents, which are subject to reporting under Article 54, which have occurred in The scope of the facility, as well as the measures taken to limit its development and the impact on the health of persons and the environment;
-the nature and results of the measurements of radioactive and non-radioactive releases of Installation in the environment;
-the nature and quantity of waste Radioactive material stored on the site of the installation, as well as the measures taken to limit the volume and effects on health and the environment, in particular on soil and water.
This report is submitted to the hygiene committee, The safety and working conditions of the basic nuclear facility, which may make recommendations. These are attached to the document for publication and transmission.
This report is made public and is transmitted to the local information commission and the High Committee on Transparency and Security Information
A decree specifies the nature of the information contained in the report
I. -At any site comprising one or more basic nuclear installations as defined in Article 28, a local information commission for a general monitoring, information and consultation mission shall be established Of nuclear safety, radiation protection and the impact of nuclear activities on persons and the environment as regards the installations of the site. The local information commission shall ensure wide dissemination of the results of its work in a form accessible to the greatest number.
The Commission may be established as soon as a basic nuclear facility has been requested Authorization for creation under section 29.
The same local information commission may be created for several nearby basic nuclear facilities. A commission may also be created at a site where a basic nuclear facility has been
. -The local information commission shall comprise representatives of the general councils, the municipal councils or the deliberative assemblies of the groups of municipalities and the regional councils concerned, members of the Parliament elected in the Department, representatives of environmental associations, economic interests and trade unions of representative employees and medical professions, as well as qualified persons.
Representatives The Nuclear Safety Authority and other State services Representatives of the operator may, with a consultative vote, attend the meetings of the local information committee. They have full access to its work.
III. -The Local Information Commission shall be established by decision of the President of the General Council of the Department in which the scope of the installation or of the installations concerned or by joint decision of the Presidents of the General Councils extends If the perimeter covers several departments.
The Chairman of the General Council shall appoint the members of the committee. The Commission shall be chaired by the Chairman of the General Council or by a local elected representative of the Department appointed by him or her.
If the perimeter of the basic nuclear facility includes a waste disposal or storage facility, The Commission referred to in this Article shall be substituted for the Local Information and Monitoring Committee referred to in Article L. 125-1 of the Environment
. -The local information committee may have legal personality with a status of association.
V.-For the exercise of its tasks, the local information commission may carry out expert opinions, including studies To carry out any measures or analysis in the environment relating to the emissions or discharges of the installations of the site.
The local information commission shall be informed by the operator of the requests addressed to it In accordance with the provisions of Article 19 within eight days after their Receipt. The operator shall, under the same conditions, respond to such requests.
The operator, the Nuclear Safety Authority and the other services of the State shall provide it with all documents and information necessary for the performance Of its missions. According to the case, the provisions of Article 19 of this Law or the provisions of Chapter IV of Title II of the Code of the Environment and of Law No. 78-753 of 17 July 1978 shall apply to this communication
Inform the Commission of any incident or accident referred to in Article 54 of this Law as soon as possible.
The Nuclear Safety Authority, the Ministers responsible for nuclear safety or radiation protection may consult the Commission on any project relating to the perimeter of the basic nuclear facility. This consultation shall be compulsory for any project subject to a public inquiry as soon as the committee is regularly constituted.
The Commission may refer the matter to the Nuclear Safety Authority and the Ministers responsible for security Nuclear or radiation protection of any nuclear safety and radiation protection issues relevant to the site.
The local information commission may be seized for an opinion on any matter within its field of competence By the departmental environmental committee, of Health and technology risks.
The local information commission and the High Committee on Transparency and Information on Nuclear Safety mentioned in Article 23 all share information relevant to the exercise of their
representatives appointed by the hygiene, safety and working conditions committee of an establishment comprising one or more of the basic nuclear installations mentioned above At the I are auditioned at their request by local commissions Information whenever deemed necessary. Local information commissions can also request them.
VI. -The expenses of the local information commission shall be financed by:
-the state;
-the local authorities and their groupings.
If the commission has legal personality, in addition to the grants that can be awarded to it by the state, these communities and these groups, it can To receive part of the proceeds of the tax instituted by Article 43 of the Finance Law for 2000 (No 99-1172 of 30 December 1999) under the conditions laid down in financial law.
The accounts of the committee shall be subject to the control of the Chamber
VII. -Local information committees may form a federation, in the form of an association, to represent them to national and European authorities and to provide assistance to committees for questions
The resources of this federation come in particular from state subsidies and membership fees that are members of the federation.
VIII. -A decree of the Council of State shall determine the details of the application of this Chapter. It may define clauses belonging to those which must be included in the statutes of committees with legal personality.
A High Committee for Transparency and Information on the
It consists of members appointed for six years by Order in Council, four for Parliamentarians and five for each of the other categories, distributed as follows:
1 ° Two members nominated by the National Assembly and two senators appointed by the Senate;
2 ° Representatives of local information commissions;
3 ° Representatives of environmental associations and Associations referred to in Article L. 1114-1 of the Public Health Code;
4 ° Representatives of persons responsible for nuclear activities;
5 ° Representatives of trade unions representing representative employees;
6 ° Selected personalities because of their scientific, technical, and technical competence; Information and communication, including three designated by the Parliamentary Office for the Evaluation of Scientific and Technological Choices, one by the French Academy of Sciences and one by the Academy of Moral Sciences and Policy;
7 ° Representatives of the Nuclear Safety Authority, the Services of the State concerned and the Institute for Radiation Protection and Nuclear Safety.
The Chairman of the High Committee shall be appointed by decree among the members of Parliament, the Representatives of local information commissions and personalities Selected on the basis of their competence.
The High Committee for Transparency and information on nuclear safety can make it possible to carry out the expertise necessary to carry out its tasks and organise conflicting debates.
It makes public its opinions.
It prepares an annual report The
responsible for nuclear activities, the Nuclear Safety Authority and the other services of the State concerned shall communicate to the High Committee all documents and information relevant to the The performance of its missions. According to the case, the provisions of Article 19 of this Law or those of Chapter IV of Title II of the Code of the Environment and of Law No. 78-753 of 17 July 1978 shall apply to this communication.
The appropriations necessary to carry out the tasks of the High Committee for Transparency and Information on Nuclear Security are entered in the State
. The members of the High Committee, with the exception of representatives of persons responsible for nuclear activities, shall make, on the date of their entry into office, a statement made public indicating their direct or indirect links with the undertakings Or bodies whose activity falls within the competence of the high committee.
The implementing rules of this Chapter shall be laid down by decree in the Council of State
I. -The basic nuclear facilities and the transport of radioactive substances are subject to the provisions of this Title because of the risks or inconveniences they may pose to public safety, health and safety or to public safety. Nature and environment protection.
II. -The operator of a basic nuclear facility is responsible for the safety of its installation.
III. -The basic nuclear facilities are:
1 ° Nuclear reactors;
2 ° Installations, meeting specifications defined by decree in the Council of State, for the preparation, enrichment, manufacture, processing or storage of nuclear fuel or of nuclear fuel Processing, storage or storage of radioactive waste;
3 ° Installations containing radioactive or fissile material and meeting characteristics defined by decree in the Council of State;
4 ° accelerators Particulate matter defined by decree in Council
IV. -Basic nuclear installations shall not be subject to the provisions of Articles L. 214-1 to L. 214-6 of the Environment Code, nor to the provisions of Title I of Book V of the same Code. They shall not be subject to the authorisation or declaration scheme referred to in Article L. 1333-4 of the Public Health Code.
V.-The equipment and installations necessary for the operation of a basic nuclear facility and Within its scope defined in accordance with the I of Article 29 of this Law, including those listed in one of the categories included in the nomenclatures provided for in Articles L. 214-2 and L. 511-2 of the Environment Code, Shall be deemed to be part of this facility and shall be subject to the provisions of this Title.
Other equipment and installations registered in one of the above categories and implanted within the perimeter of the basic nuclear facility shall remain subject to the provisions of the above-mentioned environmental code, the Safety Authority Nuclear powers in respect of the individual and control decisions provided for in those provisions.
To protect the interests mentioned in item 28, design, construction, operation, shutdown And the decommissioning of the basic nuclear installations and the permanent cessation, maintenance and monitoring of radioactive waste storage facilities shall be subject to general rules applicable to all such installations Or to certain categories of them. The same applies to the construction and use of pressure equipment specially designed for these installations. These general rules, which may provide for specific application arrangements for existing installations, shall be fixed by ministerial order.
The administrative authority may establish, around basic nuclear installations, including existing installations, public utility easements concerning the use of the ground and the execution of works Subject to declaration or administrative authorisation. These easements may also relate to the use of the ground on the base plate of the installation and around it, after decommissioning or disappearance of the basic nuclear installation. They shall be instituted after the opinion of the Nuclear Safety Authority, under the conditions laid down in Articles L. 515-8 to L. 515-12 of the Environment Code.
Section 4 of Chapter V of Title II of Book IV of the Code of Urbanism as it is the result of Order No. 2005-1527 of 8 December 2005 concerning the building permit and the Urban planning authorisations is supplemented by an article L. 425-12 thus written:
" Art. L. 425-12. -Where the project relates to a basic nuclear facility subject to authorisation for establishment under the I or to a new authorisation under Article 29 of Article 29 of Law No. 2006-686 of 13 June 2006 on transparency and In the case of nuclear safety, the work may not be carried out before the conclusion of the public inquiry prior to that authorisation. "
A regularly commissioned installation that, through a modification of a decree in the State Council taken In application of the 2 °, 3 ° and 4 ° of III of Article 28, between within the scope of the provisions of this Title may continue to operate without the authorisation of creation required under Article 29, provided that the operator addresses A declaration to the Nuclear Safety Authority within one year of publication The
Safety Authority may impose specific requirements at this facility to ensure the protection of the interests referred to in section 28.
A Council of State decree issued after the opinion of the Nuclear Safety Authority may order the permanent cessation and dismantling of a basic nuclear facility that Presents, for the interests referred to in Article 28, serious risks The measures provided for in this Title are not such as to prevent or limit in sufficient detail.
The Nuclear Safety Authority grants authorizations or approvals and receives reports on the transport of radioactive substances.
A Council of State decree determines the Rules for the application of this Chapter.
It specifies the conditions for application to installations that are submitted after they are put into service.
It defines a simplified authorisation procedure, which cannot be Only once, for installations that are intended to operate for less than six months
I. -In the first sentence of the last paragraph of Article L. 230-2 of the Labour Code, after the words: At least one installation ", are inserted words:" Base nuclear or installation ".
II. -The seventh paragraph of Article L. 236-1 of the Code is thus amended:
1 ° In the first sentence, after the words: At least one installation ", are inserted words:" Basic nuclear or installation " ;
2 ° Added a passphrase:
" The provisions of this paragraph shall not apply to establishments comprising at least one basic nuclear facility in which the association of heads of external undertakings and representatives of their employees in prevention Specific risks related to the activity of the establishment shall be carried out in accordance with arrangements implemented prior to the publication of Act No. 2006-686 of 13 June 2006 on transparency and security in nuclear matters and responding to Characteristics defined by decree. "
III. -In the tenth paragraph of Article L. 236-2 of the Code, after the words: At least one installation ", are inserted words:" Base nuclear or installation ".
I. -In the last paragraph of Article L. 231-9 of the Labour Code, after the words: At least one installation ", are inserted words:" Basic nuclear or installation " And, after the words: " Inspection of classified installations' shall be inserted words: ' , the Nuclear Safety Authority ".
II. -In the first sentence of article L. 233-1-1 of the same code, after the words: At least one installation ", are inserted words:" Basic nuclear or facility ".
I. -The ninth paragraph of Article L. 236-2 of the Labour Code is supplemented by four sentences worded as
: In establishments with one or more basic nuclear facilities, the Committee shall be informed by the head of establishment of the security policy and may request the head of establishment to provide the information referred to in the Article 19 of Law No. 2006-686 of 13 June 2006 on transparency and security in nuclear matters. The Committee shall be consulted by the head of establishment on the definition and subsequent amendments of the internal emergency plan referred to in Article L. 1333-6 of the Public Health Code. It may propose amendments to the plan to the head of establishment, who shall justify to the committee the follow-up he gives to these proposals. A decree of the Council of State shall lay down the period within which the Committee shall formulate its opinion. "
II. -Article L. 236-2-1 of the same code is thus amended:
1 ° In the first sentence of the penultimate subparagraph, after the words: At least one installation ", are inserted words:" Basic nuclear or installation " And, after the words: " Article L. 236-1 of this Code, ' shall be inserted as follows: ' In establishments where the provisions of this paragraph apply, " ;
2 ° In the first sentence of the last paragraph, after the words: " At least one installation ", are inserted words:" Base nuclear or installation ".
III. -In the third paragraph of Article L. 236-5 of the Code, after the words: At least one installation ", are inserted words:" Base nuclear or installation ".
IV. -Article L. 236-7 of the same code is thus amended:
1 ° In the second subparagraph, after the words: At least one installation ", are inserted words:" Basic nuclear or installation " ;
2 ° In the last sentence of the penultimate subparagraph, after the words: " At least one installation ", are inserted words:" Basic nuclear or installation ".
V.-In the first sentence of the penultimate subparagraph of Article L. 236-10 of the Code, after the words: At least one installation ", are inserted words:" Basic nuclear or installation " And, after the words: " Including ", shall be inserted as follows: , if applicable, "
I. -The basic nuclear installations and the transport of radioactive substances are monitored to ensure compliance with the rules on nuclear safety. Such monitoring shall be carried out by nuclear safety inspectors designated by the Nuclear Safety Authority among the agents placed under its authority.
The rules of procedure shall lay down the rules of conduct applicable to agents of the Nuclear Safety Authority. The Nuclear Safety Authority.
Nuclear safety inspectors, for the purpose of carrying out their monitoring duties, shall be sworn and subject to professional secrecy under the conditions and under the penalties provided for in Articles 226-13 and 226-14 of the Criminal Code.
The powers of nuclear safety inspectors Shall extend to installations subject to an application for authorisation for creation referred to in Article 29 and to decommissioned basic nuclear installations subject to the measures provided for in Article 29 or Article 31.
II. -Nuclear safety inspectors may at any time visit basic nuclear installations and control the transport activities of radioactive substances as well as warehouses or other parking facilities, of loading Or unloading of radioactive substances. These provisions shall not apply to the part of the premises serving as domicile, except between six hours and twenty-one hours, and on the authorisation of the President of the High Court or the Magistrate whom he delegates for that purpose. They shall have access to the means of transport used for the activity or operation under control.
At the latest at the beginning of the control operations, the operator of the installation or the person responsible for transport shall be informed that it may Attend and be assisted by any person of his or her choice, or be represented.
III. -In the course of carrying out their monitoring and control tasks, nuclear safety inspectors shall be able to obtain copies of all relevant documents or documents, whatever their medium, and Collect on site or upon convocation the necessary information and justification.
Nuclear Safety Inspectors may carry documents only after the establishment of a list countersigned by the operator. The list specifies the nature of the documents and their number. The operator shall be informed by the Nuclear Safety Authority of the follow-up to the control. The Committee may comment on it.
IV. -If the person having the right to authorize access to the installation or the transport device cannot be reached, if it objects to access, or if access concerns premises serving as a home, the inspectors of nuclear safety may Ask the President of the High Court, or the judge delegated by him, to be allowed to do so. The competent court of jurisdiction shall be the court in whose jurisdiction the installation or means of transport are located. The magistrate, seized without form and acting as a matter of urgency, verifies that the application contains all the relevant rationales. It authorizes the visit by a reasoned order stating the factual and legal elements in support of the decision, the address of the places or the designation of the means of transport to be visited and the names and qualities of the agents entitled to do so. It shall designate the competent territorially competent police officer responsible for assisting the operations and keeping them informed of their conduct. The visit shall be made under the supervision of the magistrate, who may decide at any time the suspension or the judgment.
V. Nuclear safety inspectors shall exercise the supervision of the installations mentioned in the last paragraph of Article V of the Article 28, in the light of the rules applicable to them. To this end, they have the rights and prerogatives conferred on the agents referred to in Article L. 514-5 of the Environment Code.
I. -Where certain conditions imposed on the operator of a facility or the person responsible for transport are not complied with, the Nuclear Safety Authority, irrespective of the criminal proceedings which may be carried out, shall The person concerned to comply with those conditions within a specified period of time.
If, at the expiration of the time limit, it has not been referred to the formal notice, the Nuclear Safety Authority may, by reasoned decision and after having placed the person concerned, Submit its observations:
(a) compel it to record in the hands of a public accountant a sum of the amount of the work to be carried out or the cost of the measures to be taken; this sum shall then be returned to the operator as it is carried out by him Prescribed works or measures;
(b) To proceed ex officio, at the expense of the person laid down, to carry out the work or the prescribed measures; the amounts recorded in application of the a may be used to settle the expenses so Committed;
c) Suspend the operation of the installation or the operation of The operation in question; this measure is lifted automatically as soon as the conditions imposed are complete.
II. -Where an installation or operation subject to authorisation, authorisation or declaration is created, operated or carried out without having been the subject of such authorisation, authorisation or declaration, the Nuclear Safety Authority shall The person concerned remains to regularise his or her situation; it may, by a reasoned decision, suspend the operation of the installation or the operation of the operation until the filing of the declaration or until it has been decided on the application Authorization or approval.
If the person concerned does not defend the application To regularize its situation or if its application for authorisation or authorisation is rejected, the Nuclear Safety Authority may:
(a) enforce the provisions laid down in a and b of the I;
(b) If necessary, and by a reasoned decision, Order to stop the operation of the operation or the operation.
III. -The Nuclear Safety Authority shall take the provisional measures necessary for the application of the measures provided for in the IV and X of Article 29 and in the I and II of this Article, including the affixes of the
. -Except in cases of urgency, the reasoned decisions taken by the Nuclear Safety Authority under the I and II are subject to the approval of the Ministers responsible for nuclear safety. Such approval shall be deemed to have been acquired in the absence of opposition within a period of 15 days or, if requested by the Ministers, by one month. This objection is motivated and made public.
Money that is consigned to a public accountant Has been ordered in accordance with the provisions of Article 41 shall be recovered as in the case of claims of the State foreign to the tax and the estate.
For such recovery, the State shall enjoy a privilege of the same rank as that provided for in the article 1920 of the general tax code.
When the enforcement order is in effect Application of a consignment measure is the subject of an opposition before the administrative court, the President of the Administrative Court or the judge which he delegates, acting in an interim order, may, notwithstanding that opposition, at the request of the Authority Of nuclear safety and if no advanced plea in support of the application is capable of creating, in the statement of inquiry, a serious doubt as to the legality of the decision, to decide within 15 days that the action will not be suspensive.
When the Nuclear Safety Authority has ordered a measure of suspension pursuant to the c of I and the first paragraph of Article 41, and for the duration of that suspension, The operator of the basic nuclear facility or the person in charge of transport shall be obliged to provide their personnel with the payment of salaries, allowances and remuneration of any kind to which he was entitled so
. The basic nuclear facility shall provide for the contractual conditions in That the staff of the external undertakings operating on the site of the installation shall enjoy the same guarantees for the maintenance of payment of salaries, allowances and remuneration for the duration of that suspension.
In the event of a failure of the operator, measures provided for in section 29 or sections 33, 34, 41 or 42 May be taken, by reasoned decision of the administrative authority or the Safety Authority In accordance with their own powers, against the owner of the field serving as a base for the basic nuclear installation, if he has given his consent to this use of the land by being informed of the obligations that may be placed on his Application of this Article. The same measures may be taken against persons who, subsequent to the fault of the operator, become owners of the base of the base nuclear facility by having knowledge of the existence of the base nuclear facility and Obligations that may be charged under this Article.
Litigation Cases Administrative measures taken pursuant to Articles 29, 31, 33, 34, 41, 42 and 44 are subject to full legal proceedings. Decisions may be referred to the administrative court:
1 ° By the applicant, the operator of the basic nuclear facility, the person responsible for the transport or, in the case of application of Article 44, the owner of the land, within the period of two months from the date of their Notification;
2 ° By third parties, due to the dangers that the operation of the basic nuclear facility or transport may present for the health of persons and the environment, within two years of their publication For the approval orders for creation referred to in section 29 I and II, the Orders-in-Council for the final and decommissioning termination referred to in the V of the same article, or the decrees for the approval of the final stop and the supervision phase referred to in VI of the same article, and within a time limit of four From their publication or posting for the other administrative decisions referred to in the first subparagraph of this Article, the latter being, where appropriate, extended to the end of a period of two years following the implementation of the Installation service
Nuclear safety inspectors who are authorised and sworn in under conditions laid down by decree in the Council of State shall have the right to search for and record infringements of the Provisions of this Title and the texts taken for its application. For that purpose, they have the powers provided for in Articles 40 and III of Article 40 and may, in the event of an obstacle to their action, make use of the procedure laid down in Article 40 of the same
. Offences are placed under the authority and control of the public prosecutor under whose jurisdiction the offence is committed or is likely to be committed.
These offences are recorded in the minutes of the police officers And nuclear safety inspectors. These minutes shall be authentic until proven otherwise. They shall be sent, on pain of nullity, to the prosecutor of the Republic within five days after the finding. A copy shall be provided to the operator of the installation or to the person responsible for the transport.
In respect of the equipment and installations referred to in the last paragraph of Article 28, the inspectors of nuclear safety shall have the Rights and prerogatives conferred by Articles L. 216-4, L. 216-5, L. 514-5 and L. 514-13 of the Environment Code.
Pursuant to the provisions of Chapter III and this Chapter, Samples may be taken by nuclear safety inspectors within the scope of the basic nuclear installations or at the discharge points of such installations and in the transport devices of substances Radioactive material. These samples may have several samples for further analysis.
I. -A penalty of three years' imprisonment and a fine of EUR 150 000 fine:
1 ° Create or operate a basic nuclear facility without the authorization provided for in Article 29;
2 ° Operate a basic nuclear facility mentioned In Article 33 without having made the declaration provided for in that Article within the time limit laid down by that Article;
3 ° Continue the operation of a basic nuclear facility in breach of an administrative measure or a decision Stop or suspend jurisdictional.
II. -A penalty of two years' imprisonment and a fine of EUR 75 000 fine:
1 ° Operate a basic nuclear facility without complying with a requirement of the administrative authority to comply with a requirement;
2 ° De pas se Comply with a decision setting the conditions for the restoration of the site and taken pursuant to section 29 or 44.
III. -It shall be punishable by one year's imprisonment and a fine of EUR 30 000 for the transport of radioactive substances without the authorisation or authorisation referred to in Article 35 or in violation of their
. -A penalty of one year imprisonment and a fine of 15 000 EUR for the operator of a basic nuclear facility:
1 ° To refuse, after having been requested, to communicate to the administrative authority information relating to nuclear safety in accordance with Article 40;
2 ° To prevent checks carried out pursuant to Article 40 and 46.
V.-A penalty of one year's imprisonment and a fine of 15 000 EUR for the operator of a basic nuclear facility or the person responsible for transporting radioactive substances not to make statements of an incident or Accident prescribed by section 54.
VI. -is punishable by a fine of EUR 7 500 for the operator of a basic nuclear facility not to draw up the annual document provided for in Article 21 within six months of the end of the year in question, to prevent its making available to the Public or to carry false information.
In the event of conviction for an offence under section 48, Physical persons also incur additional penalties Following:
1 ° The display of the decision or the distribution of the decision by any appropriate means;
2 ° Confiscation of the thing that served or was intended to commit the offence or the thing that is the product of it;
3 ° The prohibition For a period of not more than five years in the exercise of professional activity in the exercise or at the occasion of which the offence was committed.
In case of conviction for an offence under 1 ° Or at 2 ° du I or 1 ° du II de l' article 48, the court may:
1 ° Decide on the suspension or the suspension of the operation of all or part of the installation;
2 Order the restoration of the site within a time limit which it determines. The order for restoration may be accompanied by a penalty payment, fixed rate and maximum duration.
The court may decide that the restoration work shall be carried out ex officio at the expense of the operator. In this case, it may order the recording by the operator in the hands of a public accountant of a sum of the amount of the work to be carried out.
Legal persons may be declared criminally liable, under the conditions laid down in Article 121 (2) of the Criminal Code, for the offences defined in this Chapter
The legal persons are:
1 ° In the case of the establishment of a basic nuclear facility without authorization and in the event of continued exploitation in violation of an administrative or judicial measure or without having made the declaration provided for in Article 33, a fine of EUR 1 500 000;
2 ° For other offences, the fine in accordance with the procedure laid down in Article 131-38 of the Criminal Code;
3 ° The penalties mentioned in the 2 °, 3 °, 4 °, 5 °, 6 °, 8 °, 9 ° of Article 131-39 of the Criminal Code. The prohibition referred to in 2 ° of this same article relates to the activity in the exercise or at the occasion of which the offence was committed.
The provisions of Articles 132-66 to 132-70 of the Penal Code on deferment with an injunction are applicable in the event of a conviction on the basis of Articles 48 and 51
An order for a penalty payment of not more than EUR 15 000 per day of delay.
In the first paragraph of Article L. 142-2 of the Environment Code, after the words: " And the nuisances, ' shall be inserted the words: ' Nuclear safety and radiation protection, "
In the event of an accident or accident, nuclear or non-nuclear, having or Likely to have significant consequences for the safety of the installation or transport or to impair, by significant exposure to ionizing radiation, persons, property or the environment, the operator of an installation Basic nuclear or person responsible for transporting substances Radioactive material is required to report it without delay to the Nuclear Safety Authority and the State representative in the department of the place of the incident or accident and, if applicable, to the representative of the State at sea
I. -Law No. 68-943 of 30 October 1968 on civil liability in the field of nuclear energy is thus amended:
1 ° Article 1 reads as follows:
" Article 1. -The provisions of this Law shall lay down the measures which, by virtue of the Convention on Civil Liability in the Field of Nuclear Energy signed in Paris on 29 July 1960, of the Complementary Agreement signed in Brussels on 31 July 1960 January 1963 and additional protocols to those conventions signed in Paris on 28 January 1964, 16 November 1982 and 12 February 2004, are left at the initiative of each Contracting Party." ;
2 ° The last paragraph of Article 2 is deleted;
3 ° Article 3 is thus reinstated:
" Art. 3. -This Law shall apply to nuclear damage as defined in VII of the a of Article 1 of the Paris Convention." ;
4 ° Article 4 is thus amended:
(a) In the first paragraph, the words: " EUR 91 469 410.34 for the same nuclear accident ' Are replaced by the words: " EUR 700 million for the nuclear damage caused by each nuclear accident ' ;
(b) In the first sentence of the second paragraph, the amount: " 22 867 352.59 EUR " Is replaced by the amount: " EUR 70 million ' ;
(c) An additional paragraph is added:
" This amount is also reduced in cases where the Paris Convention is applicable to a non-Contracting State in accordance with Article 2 (2) and (IV) of the Paris Convention, to the extent that that State does not grant an equivalent amount and due competition from that Last amount." ;
5 ° In the second paragraph of Article 5, the amount: " 381 122 543.09 EUR " Is replaced by the amount: " EUR 1.5 billion ' ;
6 ° In Article 9, the amount: " 22 867 352.59 EUR " Is replaced by the amount: " EUR 80 million ' ;
7 ° In Article 9-2, the amount: " 228 673 525.86 EUR " Is replaced by the amount: " EUR 1.2 billion ' ;
8 ° In the second paragraph of Article 9-3, the reference: In Article 4 C " Is replaced by the reference: " To Article 4 " ;
9 ° In the last paragraph (b) of Article 13, the words: " Material damage suffered " Are replaced by the words: " Other nuclear damage suffered " ;
10 ° After Article 13, an Article 13-1 reads as follows:
" Art. 13-1. -If the operator responsible for nuclear damage proves that the damage resulted, in whole or in part, from gross negligence of the person who suffered it or that that person acted or failed to act with the intention of causing injury, that person Shall be exempt, to a measure assessed by the judge in accordance with the gravity of the fault or negligence of that person, from the obligation to repair the damage suffered by that person." ;
11 ° Article 15 is thus amended:
(a) In the first paragraph, the words: " They cannot, however, be brought in more than ten years from the date of the accident " Are replaced by the words: " They cannot, however, be brought after the expiry of the periods of limitation and disqualification laid down in Article 8 of the Paris Convention. ' ;
(b) In the first sentence of the second subparagraph, after the words: " Compensation for damages' shall be inserted as follows: ' Nuclear Non-Persons " ;
(c) At the end of the first sentence of the last paragraph, the words: " Fixed in the preceding paragraph " Are replaced by the words: " Previously referred to " ;
12 ° Article 17 is supplemented by a paragraph so worded:
" Those who have suffered nuclear damage can claim their rights to compensation without having to initiate different procedures depending on the origin of the funds." ;
13 ° Article 22 reads as follows:
" Art. 22. -In the event of the expiry of the Brussels Convention or its denunciation by France, the additional compensation of the State provided for in the first subparagraph of Article 5 shall, in the amount of EUR 800 million, only be paid for the damage suffered on the Territory of the French Republic. The same applies, where appropriate, to the period between the entry into force of the Protocol amending the Paris Convention and the Protocol amending the Brussels Convention. "
II. -The amendments to Act No. 68-943 of 30 October 1968 on civil liability in the field of nuclear energy resulting from the I shall apply as soon as the Protocol amending the Paris Convention enters into force In Paris on February 12, 2004.
III. -Three months from the entry into force of the amendments referred to in II, any operator or carrier must be able to justify that its liability is covered under the conditions laid down in Articles 4, 7, 9, 9-1 and 9-2 of the Law No. 68-943 of 30 October 1968, as amended by this Law, for the share of liability not guaranteed by the State pursuant to the second paragraph of Article 7 of the said Law.
Until that date:
-the amount of liability to which each operator is required, pursuant to section 7 of Act No. 68-943 of October 30, 1968, as amended by this Act, to have and maintain an insurance or other Financial guarantee shall remain fixed at the level provided for in Article 4 of the said Law in its drafting prior to the entry into force of this Law;
-Article 9 of Act No. 68-943 of 30 October 1968 shall remain applicable in its drafting Before the entry into force of this Act.
Title III of Book III of the first part of the code of public health is thus amended:
1 ° In Article L. 1333-3, the words: The administrative authority " Are replaced by the words: " The Nuclear Safety Authority and the State Representative in the Department " ;
2 ° Article L. 1333-4 is thus amended:
(a) The first subparagraph is supplemented by a sentence worded as follows: " The Nuclear Safety Authority shall grant the authorisations and receive the declarations." ;
(b) In the third paragraph, the words: " Act No. 61-842 of 2 August 1961 on the fight against atmospheric pollution and odours and those of Articles L. 214-1 to L. 214-6 of the Environment Code " Are replaced by the words: " Act No. 2006-686 of 13 June 2006 on transparency and security in nuclear matters " ;
3 ° Article L. 1333-5 is amended as follows:
(a) In the second paragraph, after the words: " By reasoned decision ' shall be inserted the words: ' Of the Nuclear Safety Authority " ;
(b) The last paragraph is supplemented by the words: " By the Nuclear Safety Authority " ;
4 ° The second paragraph of Article L. 1333-14 is supplemented by the following words: Granted after the opinion of the Nuclear Safety Authority " ;
5 ° Article L. 1333-17 is thus amended:
(a) In the first paragraph, the words: " In addition to the agents referred to in Article L. 1421-1, " Deleted;
(b) The second paragraph (1 °) reads as follows:
" 1 ° Officials of the Nuclear Safety Authority with powers in the field of radiation protection; "
(c) The fourth paragraph (3 °) reads as follows:
" 3 ° The agents mentioned in Article L. 1421-1 of this Code. ' ;
d) The last paragraph (4 °) is deleted;
6 ° In the first paragraph of Article L. 1333-20, after the words: " By decree in the Council of State ", shall be inserted the words: , taken after the opinion of the Nuclear Safety Authority, " ;
7 ° In the third paragraph of Article L. 1337-1-1, the words: " Minister responsible for environment, labour, agriculture or health " Are replaced by the words: " Decision of the Nuclear Safety Authority " ;
8 ° Article L. 1337-6 is amended as follows:
a) Words: " The authority that issued the authorization or registered the declaration "," The controlling authority " And " The authority that issued the authorization " Are replaced by the words: " The Nuclear Safety Authority " ;
b) In 5 °, the reference: " L. 1333-17 " Is replaced by the reference: " L. 1333-20 ".
I. -The last paragraph of Article L. 231-7-1 of the Labour Code is supplemented by the following words: Taken after notice of the Nuclear Safety Authority ".
II. -Article L. 611-4-1 of the same code is thus amended:
1 ° The second paragraph shall be deleted;
2 ° Before the last subparagraph, a paragraph shall be inserted as
: In electricity generation plants comprising one or more basic nuclear installations within the meaning of Article 28 (III) of Law No. 2006-686 of 13 June 2006 on transparency and safety in nuclear matters, Specific technical constraints, the duties of the labour inspectors shall be exercised by the engineers or technicians, specifically designated for this purpose by the Nuclear Safety Authority among the agents placed under its authority." ;
3 ° At the beginning of the last paragraph, the words: " These allocations " Are replaced by the words: " The powers referred to in this Article ".
The second sentence of Article L. 227-1 of the Environment Code Is written:
" The requirements applicable to them are set out in Law No. 2006-686 of 13 June 2006 on transparency and safety in nuclear matters. "
In Article L. 1332-2 of the Defence Code, after the words:" Institutions referred to in Article L. 511-1 of the Environment Code shall be inserted as follows: Or including a basic nuclear facility referred to in Article 28 of Law No. 2006-686 of 13 June 2006 on transparency and security in nuclear matters ".
I. -Article 3 of Law No. 83-581 of 5 July 1983 on the protection of human life at sea, habitability on board vessels and the prevention of pollution is supplemented by two sub-paragraphs thus written:
" -Nuclear Safety Inspectors.
" In addition, nuclear safety inspectors have free access on any ship to monitor the transport of radioactive substances by sea under the rules of nuclear safety. "
II. -After 5 ° of Article 3 of Act No. 75-1335 of 31 December 1975 on the recognition and punishment of public and private transport offences, it shall be inserted as
: 6 ° Nuclear safety inspectors fulfilling the conditions laid down in Article 46 of Law No. 2006-686 of 13 June 2006 on transparency and safety in nuclear matters. "
III. -In Article L. 150-13 of the Civil Aviation Code, after the words: The engineers of public works of the State (mines), shall be inserted the words: , the nuclear safety inspectors ".
I. -1. In the title of Act No. 2002-3 of 3 January 2002 on the safety of transport infrastructure and systems, technical investigations after sea-event, accident or incident of land or air transport and underground storage of Natural gas, hydrocarbons and chemicals, words: " After sea event, accident or ground or air transport incident " Deleted.
2. In all legislative and regulatory provisions, Act No. 2002-3 of 3 January 2002 is mentioned under the heading as amended at 1.
II. -Act No. 2002-3 of 3 January 2002, as amended:
1 ° The title of Title III reads as follows: Technical Surveys " ;
2 ° Article 14 is thus amended:
(a) In the first sentence of the I, after the words: " Ground transportation incident ", are inserted words:" Accident or incident involving a nuclear activity referred to in Article L. 1333-1 of the Public Health Code " ;
(b) The II is supplemented by a paragraph worded as follows:
" The technical investigation of accidents or incidents involving nuclear activity may cover all the activities referred to in Article L. 1333-1 of the Public Health Code." ;
(c) In the first paragraph of III, after the words: " The technical investigation " shall be inserted as follows: On sea events or on accidents or incidents of land transport " ;
(d) After the first paragraph of III, a paragraph shall be inserted as follows:
" The technical investigation of accidents or incidents involving nuclear activity shall be carried out by the agents of the Nuclear Safety Authority, which shall constitute a permanent body within the meaning of this Law. The authority may appeal to members of the inspection and control bodies, agents of the Radiation Protection and Nuclear Safety Institute or technical investigators of French or foreign nationality." ;
3 ° The first paragraph of Article 15 is thus amended:
(a) In the first sentence, after the words: " The ground transportation incident " shall be inserted as follows: Accident or incident involving a nuclear activity " ;
b) In the last sentence, the words: " Of ground transportation " Deleted;
4 ° In the first paragraph and last sentence of the last paragraph of Article 16, the words: " Of ground transportation " Deleted;
5 ° In the first sentence of the first subparagraph and in the first sentence of the last paragraph of Article 17, the words: " Of ground transportation " Deleted;
6 ° In the first paragraph of Article 18, the words: " Of ground transportation " Are deleted;
7 ° Article 19 is thus amended:
(a) In the first paragraph, the words: " Of ground transportation " Are deleted and, after the word: " In particular " shall be inserted as follows: , for sea events or ground transportation accidents or incidents, " ;
(b) In the first sentence of the second paragraph, the words: " , qualification, fitness for driving, or vehicle control " Are replaced by the words: " Or the qualification of the persons concerned and, for sea events or on land transport accidents or incidents, the ability to conduct or control vehicles " ;
8 ° In Article 20, after the words: " Ground transportation ", are inserted the words:" Or persons involved in nuclear activity " ;
9 ° In the first paragraph of II of Article 22, the words: " Of ground transportation " Are deleted and, after the words: " Or transport equipment " shall be inserted as follows: , carrying on a nuclear activity, designing, producing or maintaining equipment used in the course of a nuclear activity " ;
10 ° In the first paragraph of Article 23, the words: " Of ground transportation " Are deleted.
I. -Law No. 61-842 of 2 August 1961 on the fight against atmospheric pollution and odours and amending the Act of 19 December 1917 is hereby
. -1. The first paragraph of Article 39 quinquies F of the General Tax Code is thus amended:
(a) From 1 January 2008, the words: Act No. 61-842 of 2 August 1961 on the fight against atmospheric pollution and odours and " Are deleted;
b) After the words: " The rational use of energy, shall be inserted as follows: And by Law No. 2006-686 of 13 June 2006 on transparency and security in nuclear matters ".
2. In the first paragraph of II of Article 43 of the Finance Law for 2000 (No. 99-1172 of 30 December 1999), the words: Subject to authorisation and control pursuant to Article 8 of Act No. 61-842 of 2 August 1961 on the fight against atmospheric pollution and odours " Are replaced by the words: " Under Article 28 of Law No. 2006-686 of 13 June 2006 on transparency and security in nuclear matters ".
3. Article 44 of Law No. 96-1236 of 30 December 1996 on air and rational use of energy is thus amended:
a) The I shall read as follows:
" I.-The regulations made pursuant to Act No. 61-842 of 2 August 1961 on the fight against atmospheric pollution and odours remain applicable until the issuance of the decrees implementing the law n ° 2006-686 of 13 June 2006 on transparency and security in the nuclear field." ;
b) In the IV, the words: " Subject to the provisions of this Article, the reference to this Law shall be substituted " Are replaced by the words: " The references to Title II of Book II of the Environment Code and, as regards basic nuclear installations, to Act No. 2006-686 of 13 June 2006 on transparency and safety in nuclear matters are substituted ".
4. In Article L. 1335-1 of the Public Health Code, the words: Act No. 61-842 of 2 August 1961 on the fight against atmospheric pollution and odours and Act No. 96-1236 of 30 December 1996 on air and the rational use of energy " Are replaced by the words: " Provided for in Title II of Book II of the Environment Code
. -Authorizations and requirements relating to basic nuclear installations issued pursuant to Law No. 61-842 of 2 August 1961 or the regulations made for its application shall be authorized and prescribed to the Title of this Act. They shall be amended in accordance with the conditions laid down by the Commission and by the texts adopted for its application.
The basic nuclear installations operating for the benefit of the rights acquired pursuant to Article 14 of Decree No 63-1228 of 11 December 1963 concerning nuclear installations shall be subject to the provisions of Article 33 of this Law. The declaration made pursuant to this Decree shall be deemed to be a declaration under this Law.
The provisions of the Articles 4, 8, 9, 56 and 57 shall apply on the date of the first meeting of the College of the Nuclear Safety Authority and, at the latest, on 31 March 2007.
Employees and agents Assigned to the Directorate-General for Nuclear Safety and Radiation Protection or in the divisions of nuclear safety and radiation protection of the regional branches of industry, research and the environment or put to their The date referred to in Article 63 shall, as of that date, be allocated to or made available to the Nuclear Safety Authority under the same conditions. The latter may, under the usual conditions of management, return to their original administration or establishment from the date referred to in Article 63.
This Law shall be enforced as the law of the State
Done at Paris, June 13, 2006.
Jacques Chirac
By the President of the Republic:
Prime Minister,
Dominique de Villepin
The Minister of State,
Minister of the Interior
and Spatial Planning,
Nicolas Sarkozy
The Minister of the Defense,
Michèle Alliot-Marie
The Minister of Employment,
Social Cohesion and Housing,
Jean-Louis Borloo
The Minister of Economy,
Finance and Industry,
Thierry Breton
Seals, Minister of Justice,
Pascal Clément
The Minister of Transport, Equipment,
du tourisme et de la mer,
Dominique Perben
The Minister of Health and Solidarity,
Xavier Bertrand
The Minister of Public Service,
Christian Jacob
Minister of Ecology
and Sustainable Development,
Nelly Olin
The Minister of Employment, at work
, and the professional integration of youth,
Gérard Larcher
Associate Minister Industry,
François Loos
(1) Preparatory work: Act No. 2006-686.
Senate:
Bill 326 rectified (2001-2002);
Letter of amendment 217 (2005-2006);
Report by MM. Henri Revol and Bruno Sido, on behalf of the Committee on Economic Affairs and Plan, No. 231 (2005-2006);
Discussion on 7 and 8 March 2006 and adoption, after emergency declaration, 8 March 2006.
Assembly National:
Bill, adopted by the Senate, No. 2943;
Report by Alain Venot, on behalf of the Committee on Economic Affairs, Environment and Territory, No. 2976;
Discussion on the 28 and 29 March 2006 and adopted on 29 March 2006.
Senate:
Amended bill No. 286 (2005-2006);
Report by MM. Henri Revol and Bruno Sido, on behalf of the Committee on Economic Affairs, No. 357 (2005-2006);
Discussion and adoption on 1 June 2006.
