Key Benefits:
Publics concerned: any public.
Purpose: Access to information on the transport of radioactive substances.
Entry into force: the provisions of the decree come into force on 1 January 2012.
Notice: This Order sets out thresholds over which any person has the right to obtain, from the person responsible for the transport of radioactive substances, information held, whether or not they have been received or established by him, on the risks associated with exposure to ionizing radiation that may result from this activity and on the safety and radiation protection measures taken to prevent or reduce these risks or exposures, under the conditions defined in sections 124-1.
These thresholds correspond to those above which an approval of a transport package model or a shipping approval must be obtained from the Nuclear Safety Authority or the competent foreign authorities under international conventions and regulations. Their determination is related to the level of transport risk (transported activity, presence of fissile elements, etc.).
References: the decree is taken for the application of the Act No. 2006-686 of 13 June 2006 on transparency and security in nuclear matters, including article 19. It is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development, Transport and Housing and the Minister of Economy, Finance and Industry,
Considering the International Maritime Dangerous Goods Code (IMDG code);
Considering the convention on international civil aviation, signed in Chicago on 7 December 1944, ratified on 13 November 1946, published in its authentic French language version by the Decree No. 69-1158 of 18 December 1969 ;
Considering the technical instructions for the safety of the air transport of dangerous goods, published by the International Civil Aviation Organization;
Considering the European Agreement concerning the International Carriage of Dangerous Goods by Road, concluded at Geneva on 30 September 1957, as amended;
Considering the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways, concluded at Geneva on 26 May 2000, as amended;
Having regard to the regulations on international rail transport of dangerous goods, as set out in Appendix C to the Convention on International Carriage by Rail (COTIF) concluded at Vilnius on 3 June 1999, as amended;
Having regard to Commission Regulation (EC) No. 859/2008 of 20 August 2008 amending Council Regulation (EEC) No. 3922/91 with respect to the common technical rules and administrative procedures applicable to commercial air transport;
Considering Directive No. 2008/68/EC of the European Parliament and the Council on the Inland Transport of Dangerous Goods;
Vu le Defence codeincluding its article R*. 1333-37;
Considering the transport code, including its article L. 1252-1;
Vu la Act No. 2006-686 of 13 June 2006 on transparency and security in nuclear matters, including articles 2 and 19;
Vu le Decree No. 84-810 of 30 August 1984 relating to the safeguarding of human life, the habitability of ships and the prevention of pollution;
Vu le Decree No. 2007-1557 of 2 November 2007 relating to basic nuclear facilities and the nuclear safety control of the transport of radioactive substances, including its article 62;
Having regard to the Order of 23 November 1987 on the Safety of Ships, as amended, including its Division 411;
Considering the amended decision of 12 May 1997 on the technical conditions for the operation of aeroplanes by a public air carrier (OPS 1), as amended;
Considering the 29 May 2009 decision on the transport of dangerous goods by land;
Considering the opinion of the Nuclear Safety Authority of 22 November 2011,
Decrete:
The thresholds above which I of Article 19 of the Act of 13 June 2006 referred to above applies to the carriage of radioactive substances in respect of which, pursuant to international conventions and regulations governing the carriage of dangerous goods, the transport code and the texts taken for their application, such carriage shall be subject to the issuance, by the Nuclear Safety Authority or by a competent foreign authority in the field of the transport of radioactive substances, an approval of the transport package model or an approval of shipment, including under special arrangement.
In accordance withArticle 2 of the Act of 13 June 2006 referred to above, the provisions of this Decree shall not apply to the carriage of radioactive substances referred to in the 5th of Article R*. 1333-37 of Defence code.
This Order comes into force on 1 January 2012.
The Minister of Ecology, Sustainable Development, Transport and Housing and the Minister of Economy, Finance and Industry are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 9 December 2011.
François Fillon
By the Prime Minister:
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
Minister of Economy,
finance and industry,
François Baroin
