Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of Ecology, Sustainable Development, Transport and Housing,
Having regard to the Constitution, including article 38;
Vu le Trade code ;
Considering the environmental code;
Vu le Public Health Code ;
Considering the transport code;
Having regard to the law of 1 January 1901 concerning the contract of association;
Having regard to Act No. 571 of 28 October 1943 amended on steam-pressed equipment used on land and gas-pressed appliances used on land and on board marine navigation vessels;
Vu la Act No. 68-943 of 30 October 1968 amended on civil liability in the field of nuclear energy;
Vu la Act No. 78-753 of 17 July 1978 amended to improve the relationship between administration and the public and various administrative, social and fiscal provisions;
Vu la Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu la Act No. 2004-811 of 13 August 2004 modified civil security upgrades;
Vu la Act No. 2006-686 of 13 June 2006 amended on transparency and security in nuclear matters;
Vu la Act No. 2006-739 of 28 June 2006 amended programme on the sustainable management of radioactive materials and wastes;
Vu la Act No. 2010-788 of 12 July 2010 amended with national commitment to the environment, including Article 256;
Vu le Decree No. 2007-1557 of 2 November 2007 amended on basic nuclear facilities and nuclear safety control of the transport of radioactive substances;
Vu le Decree No. 2008-1108 of 29 October 2008 on the composition of the High Committee on Transparency and Information on Nuclear Security;
Vu le Decree No. 2011-1844 of 9 December 2011 on transparency in the transport of radioactive substances;
The Council of State heard;
The Council of Ministers heard,
Order:
Chapter V of title II of Book I of the Environmental Code is thus amended:
(a) Articles L. 125-1 to L. 125-9 are grouped in section 1 entitled: Provisions relating to activities other than nuclear activities;
(b) The same chapter is complemented by section 2 as follows:
Section 2
Nuclear-related provisions
Sub-section 1
Right to information
Art. L. 125-10.- Without prejudice to the provisions of Article L. 124-1, any person has the right to obtain from him information held by:
1° The operator of a basic nuclear facility;
2° The person responsible for the transport of radioactive substances, where the quantities are greater than the thresholds above which, pursuant to the international conventions and regulations governing the transport of dangerous goods, the transport code and the texts taken for their application, this transport is 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 a shipment.
This information, whether received or established by them, covers the risks associated with exposure to ionizing radiation that may result from this activity and the safety and radiation protection measures taken to prevent or reduce these risks or exposures, under the conditions defined in sections L. 124-1 to L. 124-6.
Art. L. 125-11.- Disputes relating to the refusal of communication of information opposing under Article L. 125-10 shall be brought before the administrative court in accordance with the terms and conditions provided by the Act No. 78-753 of 17 July 1978 carrying out various measures to improve the relationship between administration and the public and various administrative, social and fiscal provisions.
The provisions of Chapter II of Title I of this Act are not applicable to information provided on the basis of Article L. 125-10.
Sub-section 2
Nuclear transparency
Art. L. 125-12.-Nuclear transparency is constituted by all steps taken to ensure the right of the public to reliable and accessible nuclear security information as defined in Article L. 591-1.
Art. L. 125-13.-The State shall ensure public information on risks associated with nuclear activities defined in first paragraph of Article L. 1333-1 of the Public Health Code and their impact on the health and safety of people and on the environment.
It is responsible for public information on the terms and results of the control of nuclear safety and radiation protection as defined in section L. 591-1. It provides the public with information on the impact on the national territory of nuclear activities outside the national territory, particularly in the event of an incident or accident.
Art. L. 125-14.-People engaged in nuclear activities referred to in Article L. 125-13 must in particular respect the right of everyone to be informed of the risks associated with nuclear activities and their impact on the health and safety of persons and on the environment, as well as on the discharge of effluents of facilities, under the conditions defined by this subsection and chapters I to III, V and VI of title IX of the book
Art. L. 125-15.-Any operator of a basic nuclear facility shall prepare annually a report containing information that is prescribed by regulation regarding:
1° Nuclear safety and radiation protection arrangements;
2° Incidents and accidents related to nuclear safety and radiation protection, subject to reporting obligations under sections L. 591-5, which occurred within the scope of the facility and the measures taken to limit its development and its impact on the health of persons and the environment;
3° The nature and results of the measures of radioactive and non-radioactive releases of the facility to the environment;
4° The nature and quantity of radioactive waste stored on the site of the facility, as well as the measures taken to limit the volume and effects on health and the environment, particularly on soils and waters.
Art. L. 125-16.-The report referred to in Article L. 125-15 is submitted to the hygiene, safety and working conditions committee of the basic nuclear facility, which may make recommendations. These recommendations are, where appropriate, annexed to the document for publication and transmission.
The report is made public. It is forwarded to the local information commission under subsection 3 and to the High Committee on Transparency and Information on Nuclear Safety as provided for in subsection 4 of this section.
Sub-section 3
Local information commissions
Art. L. 125-17.-A local information commission shall be established at any site comprising one or more basic nuclear facilities defined in Article L. 593-2.
This commission is responsible for a general monitoring, information and consultation mission on nuclear safety, radiation protection and the impact of nuclear activities on people and on the environment with regard to site facilities. It ensures a wide dissemination of the results of its work in a form accessible to the largest number of people.
Art. L. 125-18.-It may be established a local information commission for several near basic nuclear facilities, or a per-site commission on which a basic nuclear facility was established.
Art. L. 125-19.-A local information commission may be established as soon as a basic nuclear facility has been requested to be created under Article L. 593-7.
Art. L. 125-20.-I. ― The local information commission includes:
1° Members of the general councils, municipal councils or legislative assemblies of the community groups and interested regional councils;
2° Members of Parliament elected in the department;
3° Representatives of environmental protection associations, economic interests and trade union organizations of representative employees and medical professions;
4° Qualified personalities.
II. ― Representatives of the Nuclear Safety Authority, other services of the State concerned and the regional health agency and representatives of the operator may attend, with an advisory vote, the meetings of the commission. They have full right access to his work.
Art. L. 125-21.-The Local Information Commission is established by a decision of the President of the General Council of the Department on which the scope of the basic nuclear facility or facilities extends or by a joint decision of the Presidents of the General Councils if the perimeter extends over several departments.
The President of the General Council shall appoint the members of the Commission. The commission is chaired by the President of the General Council or by a local elected member of the department.
Art. L. 125-22.-If the scope of the basic nuclear facility includes a waste disposal or storage facility, the commission under this subsection shall replace the local information and monitoring commission referred to in section L. 125-1.
Art. L. 125-23.-The local commission of information may be granted legal personality and shall be registered as an association governed by the law of 1 January 1901 relating to the contract of association.
Art. L. 125-24.-For the exercise of its missions, the local information commission may conduct expertise, including epidemiological studies, and may conduct any measurement or analysis in the environment relating to emissions or releases of the site's facilities.
The operator, the Nuclear Safety Authority and other State services shall communicate to it all the documents and information necessary to carry out its missions. As the case may be, the provisions of articles L. 125-10 to L. 125-11 or chapter IV of title II of Book I and Act No. 78-753 of 17 July 1978 bringing various measures to improve the relationship between the administration and the public and various administrative, social and fiscal provisions are applicable to this communication.
Art. L. 125-25.-The local information commission shall be informed by the operator of the applications addressed to it on the basis of the provisions of Article L. 125-10 within eight days of their receipt. Under the same conditions, the operator shall address the responses to these requests.
The operator shall inform the commission of any incident or accident referred to in section L. 591-5 as soon as possible.
Art. L. 125-26.-The Nuclear Safety Authority, Ministers responsible for nuclear safety or radiation protection may consult with the local commission of information on any project concerning the scope of the basic nuclear facility.
The commission's consultation is mandatory for any project that is the subject of a public inquiry as long as it is regularly incorporated.
Art. L. 125-27.-The local information commission may refer to the Nuclear Safety Authority and the Ministers responsible for nuclear safety or radiation protection of any matter relating to nuclear safety and radiation protection relevant to the site to which it was established.
Art. L. 125-28.-The local information commission may be seized for advice on any matter within its area of competence by the competent departmental commission in the field of environment, health and technological risks mentioned in theArticle L. 1416-1 of the Public Health Code.
Art. L. 125-29.-The Local Information Commission and the High Committee for Transparency and Information on Nuclear Safety, as provided for in subsection 4 of this section, shall provide all relevant information to the exercise of their missions and shall contribute to joint information actions.
Art. L. 125-30.- Representatives designated by the hygiene, security and working conditions committee of an establishment comprising one or more of the basic nuclear facilities referred to in section L. 593-2 shall be heard at their request by the local information board whenever they feel it is necessary.
The commission can also audition them on its initiative.
Art. L. 125-31.-I. ― The expenses of the local information commission are financed by:
1° The State;
2° Territorial authorities and their groups.
II. ― If the commission has the legal personality, in addition to the subsidies that may be attributed to it by the State, by these communities and by these groups, it may receive part of the proceeds of the tax established by section 43 of the Financial Law for 2000 (No. 99-1172 of 30 December 1999).
III. ― The accounts of the commission are subject to the control of the regional board of accounts.
Art. L. 125-32.-The local information commissions may form a federation, taking the legal form of an association governed by the law of 1 January 1901 on the contract of association, to represent them with national and European authorities and to provide assistance to the commissions on matters of common interest. The resources of this federation include subsidies paid by the State and contributions from the commissions that are members of it.
Art. L. 125-33.-A decree in the Council of State determines the modalities for the application of this subsection. It defines the clauses that must be included in the statutes of the commissions with legal personality.
Sub-section 4
The High Committee on Transparency
and information on nuclear security
Art. L. 125-34.-The High Committee on Transparency and Information on Nuclear Security is a forum for information, consultation and debate on the risks associated with nuclear activities and the impact of these activities on human health, the environment and nuclear security.
As such, the High Committee may issue an opinion on any issue in these areas, as well as on the controls and information related to it.
It may also address any issues relating to the accessibility of nuclear security information and propose any measures to ensure or improve the transparency defined in Article L. 125-12.
Finally, it may be seized by the Minister for Nuclear Safety, by the chairs of the relevant committees of the National Assembly and the Senate, by the President of the Parliamentary Office for the Assessment of Scientific and Technological Choices, by the chairs of the local information commissions or by the operators of basic nuclear facilities of any questions relating to nuclear security information and its control.
Art. L. 125-35.-The High Committee on Transparency and Information on Nuclear Security can carry out the necessary expertise to carry out its missions and organize conflicting debates.
It organizes regular consultations and discussions on the sustainable management of radioactive nuclear materials and wastes.
The persons responsible for nuclear activities, the Nuclear Safety Authority and the other services of the State concerned shall communicate to it all the documents and information relevant to the fulfilment of its missions. As the case may be, the provisions of articles L. 125-10 and L. 125-11 or chapter IV of title II of Book I and Act No. 78-753 of 17 July 1978 bringing various measures to improve the relationship between the administration and the public and various administrative, social and fiscal provisions are applicable to this communication.
Art. L. 125-36.-The High Committee on Transparency and Information on Nuclear Safety makes its views public.
It establishes an annual activity report that is also made public.
Art. L. 125-37.-I. ― The High Committee on Transparency and Information on Nuclear Safety is composed of members appointed for six years and from the following categories:
1° Two members appointed by the National Assembly and two senators appointed by the Senate;
2° Representatives of local information commissions;
3° Representatives of environmental protection associations and associations mentioned in theArticle L. 1114-1 of the Public Health Code ;
4° Representatives of persons responsible for nuclear activities;
5° Representatives of union organizations of representative employees;
6° Personalities chosen because of their scientific, technical, economic or social competence, or in terms of information and communication, including three designated by the Parliamentary Office for the Assessment of Scientific and Technological Choices, one by the Academy of Sciences and one by the Academy of Moral and Political Sciences;
7° Representatives of the Nuclear Safety Authority, other services of the State concerned and the Institute of Radiation Protection and Nuclear Safety.
II. ― His president is appointed from among parliamentarians, representatives of local information commissions and personalities chosen because of their competence as members.
Art. L. 125-38.-Members of the High Committee on Transparency and Information on Nuclear Security, with the exception of representatives of persons responsible for nuclear activities, shall, at the time of their entry into office, make a public statement mentioning their direct or indirect links with companies or organizations whose activity enters the field of competence of the High Committee.
Art. L. 125-39.-The credits required to carry out the missions of the High Committee for Transparency and Information on Nuclear Security are included in the State budget.
Art. L. 125-40.-The terms of application of this subsection, including the number of members of each of the categories listed from 2° to 7° of I of Article L. 125-37, are determined by decree in the Council of State.
Chapter II of title IV of book V of the same code is thus amended:
(a) After the article L. 542-1-1, a new article L. 542-1-1-1 is inserted as follows:
"Art. L. 542-1-1-1. - The guidelines and timelines of the national policy of research and studies implemented to ensure, in accordance with the principles set out in Article L. 542-1, the management of high- and medium-level radioactive wastes are included in theArticle 3 of Act No. 2006-739 of 28 June 2006 programme on the sustainable management of radioactive materials and wastes.
"The guidelines and timelines of the national policy of research and studies implemented to ensure, in accordance with the same principles, the management of radioactive materials and wastes other than those mentioned in the preceding paragraph are contained in section 4 of the Act. » ;
(b) After the article L. 542-1-2, an article L. 542-1-3 is inserted as follows:
"Art. L. 542-1-3. - The owners of medium-life long-term waste produced before 2015 condition them by 2030. » ;
(c) After the article L. 542-13, two articles L. 542-13-1 and L. 542-13-2 are inserted as follows:
"Art. L. 542-13-1. - Any person responsible for nuclear activities first paragraph of Article L. 1333-1 of the Public Health Code and any undertaking referred to in Article L. 1333-10 of the same Code shall establish, maintain and make available to the administrative authority and, with respect to its jurisdiction, to the National Agency for the Management of Radioactive Wastes, the information necessary for the application and control of compliance with the provisions of this Chapter and Chapter IV of Title IX of this book, as well as the information necessary for the implementation of research programs and articles 3 and 4 of Act No. 2006-739 of 28 June 2006 programme on the sustainable management of radioactive materials and wastes.
"Without prejudice to the provisions of Articles L. 594-4 and L. 594-5 of this Code, a decree in the Council of State specifies those of this information which is subject to periodic transmission to the administrative authority or the National Agency for the Management of Radioactive Wastes.
"Art. L. 542-13-2. - In the event of a breach of the information obligations provided for in Article L. 542-13-1, the administrative authority may impose a monetary penalty not exceeding 150,000 €.
"The sums are recovered as the claims of the foreign state to tax and estate.
"The sanctions provided for in this article may be the subject of full jurisdiction. »
Book V of the same code is supplemented by a title IX as follows:
« TITRE IX
"NUCLEAR SECURITY AND INSTALLATIONS
BASIC NUCLEARS
“Chapter I
“General provisions relating to
Nuclear Security
"Art. L. 591-1. nuclear security includes nuclear safety, radiation protection, prevention and control of malicious acts and civil safety actions in the event of an accident.
"Nuclear safety is all of the technical provisions and organizational measures relating to the design, construction, operation, stopping and dismantling of basic nuclear facilities and the transport of radioactive substances, taken to prevent or limit the effects of accidents.
" Radiation protection is the protection against ionizing radiation, i.e., all the rules, procedures and means of prevention and surveillance aimed at preventing or reducing the harmful effects of ionizing radiation produced on individuals, directly or indirectly, including by environmental damage.
"Art. L. 591-2. – The State defines nuclear security regulations and implements the controls necessary for its application.
"Art. L. 591-3. ― The exercise of activities with a risk of exposure of individuals to ionizing radiation must meet the principles set out inArticle L. 1333-1 of the Public Health Code and Article L. 110-1 of this Code.
"Art. L. 591-4. - Persons engaged in nuclear activities defined in first paragraph of Article L. 1333-1 of the Public Health Code In particular, they must adhere to the rule that those responsible for these activities support the cost of preventive measures, including analysis, as well as the risk reduction and effluent discharge measures prescribed by the administrative authority pursuant to chapters I to III, V and VI of this title.
"Art. L. 591-5. ― In the event of an incident or accident, nuclear or non-nuclear, having or risking to have significant consequences on the safety of the facility or transportation or to affect, by significant exposure to ionizing radiation, persons, property or the environment, the operator of a basic nuclear facility or the person responsible for the transport of radioactive substances is required to report it to the Nuclear Authority without delay.
“Chapter II
"The Nuclear Safety Authority
“Section 1
“General Mission
"Art. L. 592-1. ― The Nuclear Safety Authority is an independent administrative authority that participates in the control of nuclear safety and radiation protection and public information in these areas.
“Section 2
« Composition
"Art. L. 592-2. ― The Nuclear Safety Authority is composed of a five-member college appointed because of their competence in the areas 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 respectively by the President of the National Assembly and by the Speaker of the Senate.
"The term of office of members is six years. If one member does not carry out his or her term of office until the end of the term, the member appointed to replace him or her shall serve for the remainder of the term. No one can be appointed to college after the age of sixty-five.
"The term of the members is not renewable. However, this rule is not applicable to members whose terms of reference have not exceeded two years under the preceding paragraph.
"The functions of one of its members may be terminated only in the event of an incapacity or resignation of the Nuclear Safety Authority by a majority of its members or in the cases provided for in Articles L. 592-3 and L. 592-4.
"Art. L. 592-3. ― The role of a member of the Nuclear Safety Authority College is incompatible with any professional activity, elective mandate and other public employment. The authority finds, by a majority of the members composing the college, the resignation of the member who is placed in one of these cases of incompatibility.
"Art. L. 592-4. ― Regardless of the ex officio resignation provided for in Article L. 592-3, it may be terminated by a member of the College of the Nuclear Safety Authority in the event of a serious breach of its obligations. This decision is taken by the college ruling by a majority of the members the component and under the conditions prescribed by the rules of procedure of the authority.
"However, the President of the Republic may also put an end to the duties of a member of the College in the event of a serious breach of his or her obligations.
"Art. L. 592-5. ― During the duration of their duties, members of the College of the Nuclear Safety Authority shall not, as a personal measure, take any public position on matters within the authority's jurisdiction.
"During the duration of their duties and after the end of their term of office, they are held in professional secrecy for the facts, acts and information they were able to have known about their functions, including the deliberations and votes of the authority.
"Art. L. 592-6. ― Upon appointment, the members of the College of the Nuclear Safety Authority shall make a declaration mentioning the interests they hold or held in the preceding five years in areas within the authority's jurisdiction.
"This statement, filed at the seat of the authority and held at the disposal of members of the college, is updated at the initiative of the member of the interested college as soon as an amendment occurs.
"No member may have any interest in affecting his or her independence or impartiality during his or her term of office.
"Art. L. 592-7. ― Members of the College of the Nuclear Safety Authority shall exercise their functions impartially without receiving instructions from the Government or from any other person or institution.
"Art. L. 592-8. ― The members of the College of the Nuclear Safety Authority shall exercise their functions at full time.
"The president and members of the college receive equal treatment for the first and the second of the two higher categories of state employment classified off-scale.
"Art. L. 592-9. ― The President of the Nuclear Safety Authority shall take appropriate measures to ensure that members comply with their obligations under Article L. 592-3 and Articles L. 592-5 to L. 592-8.
"Art. L. 592-10. – The College of the Nuclear Safety Authority can only validly deliberate if at least three of its members are present. It deliberates by a majority of the members present. In the event of equal sharing of votes, the president's voice is preponderant.
"Art. L. 592-11. ― In the event of an emergency, the president of the Nuclear Safety Authority or, in his absence, the member he or she has designated shall take the measures required by the situation in areas within the jurisdiction of the College.
"He gathers the college as soon as possible to report on the measures taken.
“Section 3
“Operation
"Art. L. 592-12. ― The Nuclear Safety Authority has services under the authority of its president.
"It may employ employees in a position of activity and recruit contractual agents under the conditions provided by theArticle 4 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State.
"The active officials of the State services may, with their agreement, be made available to the Nuclear Safety Authority, if necessary on a part-time basis, in the manner specified by decree in the Council of State.
"The authority may benefit from the provision, with their agreement, of agents of public institutions.
"Art. L. 592-13. ― The Nuclear Safety Authority shall establish its rules of procedure that establish the rules relating to its organization and operation.
"The rules of procedure provide for the conditions under which the College of Members may give delegation of authority to its President or, in its absence, to another member of the College, as well as those in which the President may delegate his signature to officials of the authority. However, neither the notices referred to in Article L. 592-25 nor the regulatory decisions may be the subject of a delegation.
"In particular, it sets out the rules of ethics that apply to officials of the authority.
"It is published in the Official Journal of the French Republic after its approval by decree of Ministers responsible for nuclear safety and radiation protection.
"Art. L. 592-14. ― The Nuclear Safety Authority proposes to the Government the necessary credits to carry out its missions.
"It is consulted by the Government on the part of the State subsidy to the Institute of Radiation Protection and Nuclear Safety corresponding to the technical support mission provided by this institute to the authority. A convention between the authority and the institute regulates the modalities of this technical support.
"Art. L. 592-15. ― The president of the Nuclear Safety Authority is ordering revenues and expenses.
"Art. L. 592-16. ― The President of the Nuclear Safety Authority is empowered to pass any convention useful to the fulfilment of the powers of the authority.
"Art. L. 592-17. ― For the fulfilment of the missions entrusted to the Nuclear Safety Authority, its president has the right to take legal action on behalf of the State.
"Art. L. 592-18. ― The president of the Nuclear Safety Authority is responsible for the ordering and liquidation, on behalf of the State, of the taxes established by Article 43 of the Financial Law for 2000 (No. 99-1172 of 30 December 1999).
“Section 4
“Attributions
"Subsection 1
“Decisions
“Paragraph 1
"Technical Regulatory Decisions
"Art. L. 592-19. ― The Nuclear Safety Authority may make technical regulatory decisions to complete the application of decrees and decrees in the field of nuclear safety or radiation protection, with the exception of those relating to occupational medicine.
"These decisions are subject to the approval by order in the case of the Minister responsible for nuclear safety for those of them relating to nuclear safety or the Minister responsible for radiation protection for those of them related to radiation protection.
"Registration orders and approved decisions are published in the Official Journal of the French Republic.
“Paragraph 2
“Individual decisions
"Art. L. 592-20. ― The Nuclear Safety Authority shall make individual decisions set out in sections L. 593-10 to L. 593-13, L. 593-19, L. 593-20, L. 593-22, L. 593-27, L. 593-32 and L. 593-33.
"These decisions are communicated to the Minister for Nuclear Safety.
"The authority shall make the individual decisions set out in Articles L. 593-35, L. 595-2, L. 596-14 to L. 596-22 of this Code.
"In addition, it grants the authorizations provided for in theArticle L. 1333-4 of the Public Health Codeincluding authorizations of medical facilities and equipment using ionizing radiation and authorizations for the detention and importation of radioactive sources. It receives the declarations under Article L. 1333-4. It may remove them under the conditions set out in Article L. 1333-5 of the same code.
"Finally, it takes the individual decisions provided by the regulation of pressure equipment specially designed for basic nuclear facilities.
"Subsection 2
“Control missions
“Paragraph 1
" Scope of application
"Art. L. 592-21. ― The Nuclear Safety Authority shall monitor compliance with the general rules and specific requirements for nuclear safety and radiation protection to which the basic nuclear facilities defined in Article L. 593-2 of this Code are subject, the construction and use of pressure equipment specially designed for these facilities, the transport of radioactive substances and the activities mentioned in theArticle L. 1333-1 of the Public Health Code and the persons mentioned in article L. 1333-10 of the same code.
"The authority organizes a permanent monitoring of radiation protection in the national territory.
"It organizes the inspection of nuclear safety and that of radiation protection.
"It delivers the required approvals to organizations involved in the controls and on the eve of nuclear safety or radiation protection.
“Paragraph 2
« Designation powers
Nuclear Safety Authority
"Art. L. 592-22. ― The Nuclear Safety Authority shall designate among its officers the nuclear safety inspectors referred to in section 1 and subsection 1 of section 4 of chapter VI of this title as well as the radiation protection inspectors referred to in section 1 of this title 1° of Article L. 1333-17 of the Public Health Code.
"Art. L. 592-23. ― The Nuclear Safety Authority shall designate among its officers the officers responsible for the monitoring of compliance with the provisions of Act No. 571 of 28 October 1943, as amended, relating to the steam-pressed apparatus used on land and gas-pressed apparatus used on land and on board the marine navigation vessels and to the texts taken for its application relating to equipment under pressure specially designed for basic nuclear installations.
“Paragraph 3
« Designation powers
Chairman of the Nuclear Safety Authority
"Art. L. 592-24. ― Control of compliance with pressure equipment provisions in a basic nuclear facility may be provided by agents designated by the President of the Nuclear Safety Authority among the officers under his or her authority. The competence of the latter may be extended to other devices located in an establishment with a basic nuclear facility under conditions specified by a decree of the Ministers responsible for industrial security and nuclear safety, taken after notice by the Nuclear Safety Authority.
"Subsection 3
“Other responsibilities
"Art. L. 592-25. ― The Nuclear Safety Authority is consulted on draft decrees and ministerial orders of a regulatory nature relating to nuclear security.
"Art. L. 592-26. ― Notices rendered by the Nuclear Safety Authority pursuant to section L. 592-25 shall be deemed 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 seizing the Nuclear Safety Authority.
"A decree in the Council of State sets out the deadlines beyond which the opinions of the Nuclear Safety Authority, which would be required under another provision of this title, are deemed to be favourable in the absence of an explicit response.
"Art. L. 592-27. ― The Nuclear Safety Authority shall make public notices and decisions deliberated by its College in accordance with the confidentiality rules provided for by law, including chapter IV of title II of Book I and Act No. 78-753 of 17 July 1978 carrying out various measures to improve the relationship between administration and the public and various administrative, social and fiscal provisions.
"Art. L. 592-28. ― The Nuclear Safety Authority addresses to the Government its proposals for the definition of the French position in international negotiations in the areas of its jurisdiction.
"She participates, at the request of the Government, in French representation in the bodies of the relevant international and community organizations in these areas.
"Art. L. 592-29. ― At the request of the Government, the relevant committees of the National Assembly and the Senate or the Parliamentary Office for the Assessment of Scientific and Technological Choices, the Nuclear Safety Authority shall provide advice or conduct studies on matters within its jurisdiction.
"At the request of Ministers responsible for nuclear safety or radiation protection, it shall conduct technical instructions under its jurisdiction.
"Art. L. 592-30. ― At the request of the relevant 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 to them on the activities of the Nuclear Safety Authority.
"Art. L. 592-31. ― The Nuclear Safety Authority shall prepare an annual report of activity that it transmits to Parliament, which shall include the Parliamentary Office for the Assessment of Scientific and Technological Choices, the Government and the President of the Republic.
"Subsection 4
« Radiological emergency situations
"Art. L. 592-32. ― The Nuclear Safety Authority is associated with the management of radiological emergencies resulting from events that affect the health of people and the environment by exposure to ionizing radiation and occurring in France or likely to affect French territory. It provides technical assistance to the competent authorities for the development, within the relief organization plans, of provisions taking into account the risks resulting from nuclear activities planned for Articles 14 and 15 of Act No. 2004-811 of 13 August 2004 Civil security modernization.
"When such an emergency occurs, it assists the Government in all matters of its jurisdiction. It makes recommendations to the competent authorities on medical, health and civil security measures. It informs the public of the safety status of the facility at the origin of the emergency situation, when it is subject to its control, and possible releases to the environment and their risks to the health of people and the environment.
"Art. L. 592-33. ― For the application of international agreements or European Union regulations relating to radiological emergencies, the Nuclear Safety Authority is competent to ensure the alert and information of the authorities of third States or to receive their alerts and information.
"Art. L. 592-34. ― A decree in the Council of State specifies the procedures for the application of this chapter, including the procedures for the registration of decisions of the Nuclear Safety Authority.
“Section 5
“Technical surveys
"Art. L. 592-35. any accident or incident involving a nuclear activity referred to inArticle L. 1333-1 of the Public Health Code may be the subject of a technical investigation.
"Art. L. 592-36. ― The terms and conditions under which the Nuclear Safety Authority may conduct, in the event of an incident or accident involving a nuclear activity, a technical investigation are those provided for in sections 2,3 and 4 of Chapter I and Chapter II of Book VI, Part I, Part I of the Transport Code, subject to the provisions of this section.
"Art. L. 592-37. ― When it concerns a nuclear activity, the technical investigation referred to in the first paragraph of section L. 1621-3 of the Transportation Code is the sole purpose of preventing future accidents or incidents. It may cover all activities mentioned in theArticle L. 1333-1 of the Public Health Code.
"Art. L. 592-38. – The technical investigation of accidents or incidents involving nuclear activity is conducted by the agents of the Nuclear Safety Authority, which in this case constitutes a permanent body within the meaning of Article L. 1621-6 of the Transport Code. The authority may appeal to members of the inspection and control bodies, to agents of the Institute of Radiation Protection and Nuclear Safety or to technical investigators of French or foreign nationality.
"Art. L. 592-39. ― When the technical investigation concerns a nuclear activity, the physicians referred to in section L. 1621-15 of the Transportation Code shall, at their request, be provided with the results of the examinations or levies carried out on persons involved in the nuclear activity involved in the incident or accident, as well as forensic reports concerning the victims.
"Art. L. 592-40. ― Where the technical investigation concerns a nuclear activity, the person in charge of the permanent body is empowered to transmit information resulting from the technical investigation, if it considers that they are likely to prevent a nuclear accident or incident, in addition to the persons referred to in 1° and 4° of I of Article L. 1621-17 of the Transport Code, also to natural and legal persons engaged in nuclear activity that conceive, produce or maintain equipment used in the transport code.
“Chapter III
“Basic nuclear facilities
“Section 1
"Authority Plan
"Subsection 1
“General Definitions and Principles
"Art. L. 593-1. ― The basic nuclear facilities listed in Article L. 593-2 are subject to the legal regime defined in this chapter and Chapter VI of this title because of the risks or disadvantages they may pose for public safety, health and safety or the protection of nature and the environment.
"They are not subject to the provisions of articles L. 214-1 to L. 214-6 of this Code or to those of heading I of this book.
"They are also not subject to the authorization or declaration regime referred to in theArticle L. 1333-4 of the Public Health Code.
"Art. L. 593-2. • Basic nuclear facilities are:
« 1° Nuclear reactors;
« 2° The facilities, responding to characteristics defined by decree in the Council of State, the preparation, enrichment, manufacture, processing or storage of nuclear fuels or the treatment, storage or storage of radioactive wastes;
« 3° Facilities containing radioactive or fissile substances and meeting characteristics defined by decree in the Council of State;
« 4° The particle accelerators responding to characteristics defined by decree in the Council of State.
"Art. L. 593-3. ― Where necessary for the operation of a basic nuclear facility, the equipment and facilities that are located within its perimeter defined under sections L. 593-8 or L. 593-14, including those that are listed in one of the categories included in one of the nomenclatures set out in sections L. 214-2 and L. 511-2, shall be deemed to be part of that facility and shall be subject to the provisions of this chapter and Chapter.
"The other equipment and facilities listed in one of the categories referred to in the preceding paragraph and located within the scope of the basic nuclear facility shall, as the case may be, be subject to the provisions of section 1 of chapter IV of title I of Book II or to those of title I of this book, the Nuclear Safety Authority shall, at that time, exercise the powers of individual decisions and control provided for by these provisions.
"Art. L. 593-4. ― To protect the interests referred to in Article L. 593-1, the design, construction, operation, final shutdown and dismantling of basic nuclear facilities and the final shutdown, maintenance and monitoring of radioactive waste storage facilities are subject to general rules applicable to all such facilities 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 specific terms of application for existing facilities, are set by order of the Minister for Nuclear Safety.
"Art. L. 593-5. ― The administrative authority may establish around basic nuclear facilities, including existing facilities, public utility servitudes relating to the use of soil and the execution of work subject to declaration or administrative authorization. These servitudes may also concern the use of the soil on the base site of the facility and around it, after declassification or disappearance of the basic nuclear facility. They are instituted after notice by the Nuclear Safety Authority, under the conditions and in accordance with the procedure laid down in Articles L. 515-8 to L. 515-12.
"The public inquiry under Article L. 515-9 shall be carried out in accordance with the provisions of Chapter III of Title II of Book I under the following reservations. If the easements are related to a new facility, the public inquiry may be organized in conjunction with that provided for in sections L. 593-8 and L. 593-9.
"The Nuclear Safety Authority, the operator and the mayor of the interested municipality may attend the meeting of the departmental environmental and health and technological risk council that examines the project and submits comments thereon.
"Art. L. 593-6. – The operator of a basic nuclear facility is responsible for the safety of the facility.
"Subsection 2
« Creation and commissioning
"Art. L. 593-7. – The establishment of a basic nuclear facility is subject to authorization.
"This authorization may only be issued if, in the light of the scientific and technical knowledge of the moment, the operator demonstrates that the technical or organizational arrangements made or envisaged at the design, construction and operation stages as well as the general principles proposed for the dismantling or, for radioactive waste storage facilities, for their maintenance and monitoring after their final shutdown in accordance with the terms defined in Articles L. 593-29
"The authorization takes into account the technical and financial capabilities of the operator to enable it to conduct its project in accordance with these interests, in particular to cover the costs of dismantling the facility and remediation, monitoring and maintenance of its location or, for radioactive waste storage facilities, to cover the final shutdown, maintenance and monitoring expenses.
"Art. L. 593-8. ― Authorization is issued after notice of the Nuclear Safety Authority and after the completion of a public inquiry. This investigation is carried out in accordance with the provisions of Chapter III of Title II of Book I, subject to the provisions of Article L. 593-9.
"The authorization determines the characteristics and perimeter of the facility and sets the time limit for the facility to be put into service.
"Art. L. 593-9. ― The file submitted to the public inquiry does not contain any material that would be in breach of any interest referred to in Article L. 124-4 and that could be excluded for that reason by the nuclear security ministers on their own initiative or on the proposal of the operator or nuclear security authority or the preliminary safety report, which shall take place from the hazard investigation under section L. 551-1 to the proposed nuclear security authority. This report can be consulted throughout the investigation under the terms and conditions established by the ordering authority.
"The investigation is open at least in each of the municipalities where a portion of the territory is less than five kilometres away from the facility's perimeter. Where a part of the territory so defined belongs to a foreign State or, even if this condition of distance is not fulfilled, when the administrative authority considers, on its own initiative or at the request of the authorities of that other State, that the installation may have significant influences on the environment of that other State, the consultations provided for in Article III R. 122-11 are implemented.
"Art. L. 593-10. ― For the purposes of the authorization, the Nuclear Safety Authority shall, in accordance with the general rules set out in Article L. 593-4, define the requirements for the design, construction and operation of the facility that it considers necessary for the protection of the interests referred to in Article L. 593-1.
"In particular, it specifies, where appropriate, the requirements for water removals from the facility and radioactive substances from the facility. The requirements for the release limits of the facility in the environment are subject to the approval of the Minister for Nuclear Safety.
"Art. L. 593-11. ― The Nuclear Safety Authority authorizes the commission of the installation, under the conditions defined by the decree in the Council of State provided for in Article L. 593-38 and shall make the individual decisions provided by the regulation of pressure equipment specially designed for basic nuclear installations.
"Art. L. 593-12. ― During the investigation of an application for authorization, the Nuclear Safety Authority may take interim measures to protect the interests referred to in Article L. 593-1.
"Art. L. 593-13. ― If a basic nuclear facility is not put into service within the time limit set by its establishment authorization, it may be terminated by the authorization of the facility, after the advice of the Nuclear Safety Authority.
"The Nuclear Safety Authority may subject the licensee to specific requirements to protect the interests referred to in Article L. 593-1 and to ensure the restoration of the site. The control and police measures provided for in Chapter VI remain applicable to this facility.
"Art. L. 593-14. I. ― A new authorization is required if:
« 1° Change in facility operator;
"2° Modifying the scope of the installation;
"3° Significant modification of the installation.
"II. ― With the exception of the requests motivated by the cases referred to in 1° and 2° of I which are the subject of a procedure relieved under conditions defined by decree in the Council of State, this new authorization is granted according to the procedure, which includes a public inquiry carried out in accordance with the provisions of Chapter III of Title II of Book I, and under the conditions laid down in Articles L. 593-7 to L. 593-13.
"Art. L. 593-15. ― A proposed amendment of the facility or its operating conditions subject to the agreement of the Nuclear Safety Authority that, without a noticeable modification of the facility, is likely to result in a significant increase in its water samples or releases to the environment, is made available to the public in accordance with the terms defined in Article L. 122-1-1.
"Art. L. 593-16. ― Authorities are granted subject to the rights of third parties.
"Art. L. 593-17. ― If the operator is not the owner of the land, the application for authorization must be accompanied by the operator's commitment to comply with its obligations under section L. 596-22.
"Every new purchaser of the land subscribes to the same commitment, under penalty of cancellation of the sale.
"Subsection 3
“Operation
"Art. L. 593-18. ― The operator of a basic nuclear facility shall periodically review the safety of its facility by taking into account international best practices.
"This re-investigation shall allow to assess the situation of the facility in respect of the rules applicable to it and to update the assessment of the risks or disadvantages that the facility presents for the interests referred to in section L. 593-1, taking into account, inter alia, the status of the facility, the experience gained during the operation, the evolution of the knowledge and the rules applicable to similar facilities.
"Security reviews take place every ten years. However, the authorization decree may set a different periodicity if the particularities of the facility warrant it.
"Where applicable, the operator may provide in the form of a separate report the elements of which the operator considers the disclosure to be in breach of any of the interests referred to in section L. 124-4. Subject to this reservation, the safety review report is communicable to any person under sections L. 125-10 and L. 125-11.
"Art. L. 593-19. ― The operator shall send a report to the Nuclear Safety Authority and to the Minister responsible for nuclear safety containing the conclusions of the review referred to in section L. 593-18 and, where appropriate, the provisions that the operator intends to take to remedy the deficiencies identified or to improve the safety of its installation.
"After analysis of the report, the Nuclear Safety Authority may impose new technical requirements. It shall communicate to the Minister for Nuclear Safety its analysis of the report.
"Art. L. 593-20. ― In the event of a threat to the interests referred to in Article L. 593-1, and even if the threat is found after the decommissioning of the facility, the Nuclear Safety Authority may, at any time, prescribe the assessments and implementation of the necessary provisions. Except in the event of an emergency, the operator is previously in a position to submit its observations.
"Art. L. 593-21. ― If it appears that a basic nuclear facility poses serious risks to the interests referred to in section L. 593-1, the Minister for Nuclear Safety may, by order, issue the suspension of its operation during the period necessary for the implementation of measures to eliminate these serious risks. Unless there is an emergency, the operator is able to present its observations on the proposed suspension and the advance notice of the Nuclear Safety Authority is collected.
"Art. L. 593-22. - In the event of serious and imminent risks, the Nuclear Safety Authority shall suspend, if necessary, provisionally and provisionally, the operation of the facility. It shall promptly inform the Minister for Nuclear Safety.
"Art. L. 593-23. ― A decree in the Council of State taken after the advice of the Nuclear Safety Authority may order the final cessation and dismantling of a basic nuclear facility that presents, for the interests mentioned in Article L. 593-1, serious risks that the measures provided for in this chapter and Chapter VI are not in a manner that is sufficient to prevent or limit.
"Art. L. 593-24. ― If a basic nuclear facility ceases to operate for a continuous period of more than two years, the Minister responsible for nuclear safety may, by order made after notice of the Nuclear Safety Authority, prohibit the resumption of operation of the facility and request the operator to file, within a time limit, a request for authorization to terminate the facility and to dismantle the facility.
"Subsection 4
« Final stop, dismantling
declassification
“Paragraph 1
“ Provisions specific to basic nuclear facilities
other than radioactive waste storage facilities
"Art. L. 593-25.-The final shutdown and dismantling of a basic nuclear facility are subject to prior authorization.
"The application for authorization contains the provisions relating to the conditions for stopping, the terms and conditions for dismantling and waste management, and the subsequent monitoring and maintenance of the location of the facility, allowing, in the light of the scientific and technical knowledge of the moment and the forecasts for subsequent use of the site, to prevent or adequately limit the risks or disadvantages for the interests referred to in section L. 593-1.
"Art. L. 593-26.-The authorization shall be issued after notice of the Nuclear Safety Authority and after the completion of a public inquiry conducted in accordance with the provisions of chapter III of Book I under the reservations set out in Article L. 593-9.
"The authorization sets out the characteristics of the dismantling, the period of completion of the dismantling and the types of operations to the operator after the dismantling.
"Art. L. 593-27.-For the purposes of the authorization, the Nuclear Safety Authority shall, in accordance with the general rules provided for in Article 593-4, define the dismantling requirements necessary for the protection of the interests referred to in Article L. 593-1.
"In particular, it specifies, where appropriate, the requirements for water removals from the facility and radioactive substances from the facility. The requirements for the release limits of the facility in the environment are subject to the approval of the Minister for Nuclear Safety.
"Art. L. 593-28.- Authorities are granted subject to the rights of third parties.
“Paragraph 2
“Storage-specific provisions
of radioactive wastes
"Art. L. 593-29.- Radioactive waste storage facilities are not subject to sections L. 593-25 to L. 593-27.
"Section L. 593-28 is applicable to authorizations granted under this paragraph.
"Art. L. 593-30.-The final stop and the passage in the monitoring phase of a radioactive waste storage facility is subject to authorization.
"The application for authorization shall include the provisions relating to the final stop, maintenance and monitoring of the site, allowing, in the light of the scientific and technical knowledge of the moment, to prevent or adequately limit the risks or disadvantages to the interests referred to in Article L. 593-1.
"Art. L. 593-31.-The authorization shall be issued after notice of the Nuclear Safety Authority and after the completion of a public inquiry conducted in accordance with the provisions of chapter III of Book II of the book Subject, where applicable, the reservations set out in Article L. 593-9.
"The authorization sets out the types of operations to the operator's charge after the final stop.
"Art. L. 593-32.-For the purposes of the authorization, the Nuclear Safety Authority shall, in accordance with the general rules provided for in Article 593-4, specify the requirements for the protection of the interests referred to in Article L. 593-1.
"In particular, it specifies, where appropriate, the requirements for water removals from the facility, releases from the facility to the environment and radioactive substances from the facility.
“Paragraph 3
“Common provisions
decommissioning
"Art. 593-33.-Where a basic nuclear facility has been decommissioned in accordance with the provisions of sections L. 593-25 to L. 593-27, or where a radioactive waste storage facility has been transferred to a monitoring phase in accordance with the provisions of sections L. 593-30 to L. 593-32 and no longer requires the implementation of the provisions set out in this chapter and Chapter VI of this heading,
"Subsection 5
Miscellaneous provisions
"Art. L. 593-34.- Authorities and requirements for basic nuclear facilities issued pursuant to Act No. 61-842 of 2 August 1961 concerning the control of air pollution and odours and amending the Act of 19 December 1917 or the regulations made for its application shall be authorized and prescribed in the provisions of this heading. They shall be amended under the conditions established by the provisions of the present title and by the texts adopted for its application.
"Subsection 2
"New or temporary installations
and facilities for the benefit of acquired rights
"Art. L. 593-35.-A regularly commissioned installation which, by the effect of a modification of a decree in the Council of State taken under the 2°, 3° and 4° of the article L. 593-2, enters the scope of application of the provisions of this chapter and chapter VI of this title, may continue to function without the authorization of creation required in the article L. 593-7, provided that
"The Nuclear Safety Authority may impose specific requirements on this facility to ensure the protection of the interests referred to in Article L. 593-1.
"Art. L. 593-36.-Basic nuclear facilities operating for the benefit of rights acquired under theArticle 14 of Decree No. 63-1228 of 11 December 1963 relating to nuclear facilities are subject to the provisions of Article L. 593-35.
"The declaration made pursuant to this decree is a declaration under the provisions of Article L. 593-35.
"Art. L. 593-37.-The facilities intended to operate for a period of less than six months are subject to simplified authorization, which can only be renewed once.
"The authorization is issued after a public consultation. This consultation is organized in the form of a publication of the application file electronically allowing, for a month, the collection of public comments by the same way. The administrative authority concerned shall announce this consultation by a notice that specifies the dates and practical terms. The file with the results of the public consultation is then submitted to the Nuclear Safety Authority.
"Art. L. 593-38.-A decree in the Council of State shall determine the terms and conditions for the application of this chapter, in particular those of its application to the facilities that have been subjected to it after their commission and those of the simplified authorization procedure provided for in Article L. 593-37.
“Chapter IV
“Financial arrangements
nuclear facilities
“Section 1
"Requirement to establish assets
"Art. L. 594-1.-Basic nuclear facilities operators are prudently assessing the dismantling charges of their facilities or, for their radioactive waste storage facilities, their final shutdown, maintenance and monitoring charges. They assess, in the same way, taking into account, inter alia, the assessment under section L. 542-12, the management costs of their used fuels and radioactive wastes.
"Art. L. 594-2.-Operators of basic nuclear facilities constitute the provisions corresponding to the charges set out in section L. 594-1 and, on an exclusive basis, assign the necessary assets to cover these provisions.
"They separately account for these assets, which must be of sufficient security and liquidity to meet their purpose. Their enforcement value must be at least equal to the amount of the provisions mentioned in the first paragraph, excluding those related to the operating cycle.
"Art. L. 594-3.-A with the exception of the State in the exercise of the powers available to it to enforce by the operators their obligations to dismantle their facilities and manage their used fuels and radioactive wastes, no one shall avail himself of a right on the assets defined in the first paragraph of Article L. 594-2, including on the basis of Book VI of the Commercial Code.
"Art. L. 594-4.-Operators shall, every three years, transmit to the administrative authority a report describing the assessment of the expenses referred to in section L. 594-1, the methods used for the calculation of the provisions of these charges and the choices chosen with respect to the composition and management of the assets assigned to the coverage of these provisions.
"They transmit every year to the administrative authority a note of updating this report and the timely informing of any event to change its content.
"They shall communicate to the administrative authority, upon request, copies of all accounting documents or supporting documents.
"Art. L. 594-5.-If the administrative authority, in the light of the reports and notes referred to in section L. 594-4, fails or inadequacies in the assessment of expenses, in the calculation of provisions or in the amount, composition or management of assets assigned to these provisions, it may, after collecting the operator's observations, prescribe the measures necessary for the regularization of its situation by setting the time frames in which
"In the event of non-performance of these requirements within the specified time limit, the administrative authority may order, under any circumstances, the establishment of the necessary assets and any measures relating to their management.
"Art. L. 594-6.-I. ― Operators have a five-year deferral as of June 30, 2011 for the implementation of the asset plan defined in section L. 594-2 if the following two conditions are met:
« 1° The charges referred to in Article L. 594-1, excluding those related to the operating cycle, valued in common euros over the period from 29 June 2011 to 2030, are less than 10% of all charges referred to in the same article, excluding those related to the operating cycle, assessed in current euros;
« 2° At least 75% of the provisions referred to in the first paragraph of Article L. 594-2, excluding those related to the operating cycle, are covered by assets referred to in the same section as 29 June 2011.
“II. ― Until June 29, 2016, the annual average asset allocation referred to in section L. 594-2 must be positive or zero, deducting the disbursements from the ongoing dismantling operations and the new expenses added to the dedicated funds' liabilities.
"Art. L. 594-7.-People who no longer operate a basic nuclear facility are assimilated, for the purposes of the provisions of sections L. 594-1 to L. 594-6 relating to the management of their waste and radioactive waste, to the operators of such facilities.
"Art. L. 594-8.-The terms and conditions for the application of sections L. 594-1 to L. 594-6, including the terms and conditions for the assessment, in accordance with the applicable accounting standards, of the charges referred to in section L. 594-1 and the calculation of the provisions provided for in section L. 594-2 and the information that operators are required to make public and the corresponding advertising rules are determined by regulation.
"Art. L. 594-9.-In the event of a failure of the operator of a basic nuclear facility to the obligations set out in sections L. 594-1 to L. 594-3, the administrative authority may, without prejudice to the measures provided for in section L. 594-5, impose a monetary penalty, the amount of which does not exceed 5% of the difference between the amount of the assets constituted by the operator of an administrative nuclear facility and The decision on the sanction is published in the Official Gazette.
"In the event of a breach of the information obligations set out in sections L. 594-4 and L. 594-5 and Fourth paragraph of Article 20 of Law No. 2006-739 of 28 June 2006, the administrative authority may impose a monetary penalty equal to 150,000 €.
"The sums are recovered as the claims of the foreign state to tax and estate.
"The sanctions provided for in this article may be the subject of full jurisdiction.
"Art. L. 594-10.-Articles L. 594-2 to L. 594-6, L. 594-8 and L. 594-9 are not applicable to basic nuclear facilities operated directly by the State.
“Section 2
"National Commission for the Evaluation of the Financing of the Decommissioning Expenses of Basic Nuclear Facilities and Management of Waste Fuels and Radioactive Wastes
"Art. L. 594-11.-The National Commission for the Evaluation of the Financing of the Decommissioning Expenses of Basic Nuclear Facilities and Management of Waste Fuels and Radioactive Waste assesses the adequacy of the provisions provided for in section L. 594-2 to the expenses referred to in section L. 594-1 and the management of the assets referred to in section L. 594-2 as well as the management of the funds referred to in sections L.
"It may, at any time, send to Parliament and the Government advice on matters within its jurisdiction. His opinions can be made public. It submits to Parliament and to the High Committee on Transparency and Information on Nuclear Security under Article L. 125-34, every three years, a report presenting this assessment. This report is made public.
"Art. L. 594-12.-I. ― The commission referred to in Article L. 594-11 is composed of:
« 1° Chairs of the relevant National Assembly and Senate committees on energy or finance, or their representative;
« 2° Qualified personalities designated by the National Assembly and the Senate;
« 3° Qualified officials designated by the Government, for a period and a number fixed by regulation.
“II. ― During the duration of their duties, qualified personalities members of the commission shall not take any public position on matters within the competence of the commission.
"For the duration of their duties and after the commission, all members of the commission are held in professional secrecy for the facts, acts and information that they may have known because of their duties.
"The members of the Commission may not, directly or indirectly, perform functions or receive fees within or from the operators of basic nuclear facilities or other energy companies.
"Art. L. 594-13.-The commission referred to in Article L. 594-11 shall be notified of the reports referred to in Article L. 594-4. It may request operators to communicate any documents necessary for the performance of their missions. It may hear the administrative authority referred to in Article L. 594-5.
“Section 3
Miscellaneous provisions
"Art. L. 594-14.-State subsidies to organizations involved in the research referred to in 1° of Article 3 of Law No. 2006-739 of 28 June 2006 a programme on the sustainable management of radioactive materials and wastes is supplemented by contributions from the operators of basic nuclear facilities defined by convention between these organizations and them.
“Chapter V
"Transport of radioactive substances
"Art. L. 595-1.-Transport of radioactive substances is subject to the regime provided for in this chapter and those in Chapter VI of this Title because of the risks or disadvantages they may pose for public safety, health and safety or the protection of nature and the environment.
"Art. L. 595-2.-The Nuclear Safety Authority shall grant authorizations or approvals and shall receive declarations relating to the carriage of radioactive substances.
"Art. L. 595-3.-A decree in the Council of State determines the modalities for the application of this chapter.
“Chapter VI
“Control and litigation
“Section 1
"Nuclear Safety Inspectors
"Art. L. 596-1.-Basic nuclear facilities and transportation of radioactive substances are monitored to ensure compliance with nuclear safety rules. This monitoring is carried out by nuclear safety inspectors designated by the Nuclear Safety Authority among the officers under its authority.
"Art. L. 596-2.-Nuclear safety inspectors, for the exercise of their monitoring mission, are sworn and held in professional secrecy under the conditions and penalties provided for in articles 226-13 and 226-14 of the Criminal Code.
"Art. L. 596-3.-The powers of nuclear safety inspectors extend to facilities subject to a request for creative authorization referred to in section L. 593-7 and to declassified basic nuclear facilities subject to the measures provided for in section L. 593-5 or section L. 593-33.
"Art. L. 596-4.- Nuclear safety inspectors may at any time visit basic nuclear facilities and control the transport of radioactive substances, as well as warehouses or other facilities for the parking, loading or unloading of radioactive substances. These provisions are not applicable to the part of the premises serving as a domicile, except between six hours and twenty hours, and on the authorization of the President of the Court of Grand Instance or the Magistrate whom he delegates for this purpose.
"They 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 facility or the person responsible for the transportation is advised that he or she may attend the operations and be assisted by any person of his or her choice, or be represented there.
"Art. L. 596-5.-As part of their monitoring and control mission, nuclear safety inspectors must obtain communication of all relevant documents or documents, regardless of the support, may take copies of and collect the necessary information and justifications on site or on convocation.
"Nuclear safety inspectors can only carry documents after a list is established by the operator. The list specifies the nature of the documents and their number.
"The operator is informed by the Nuclear Safety Authority of the follow-up of the control. He can share his observations with him.
"Art. L. 596-6.-If the person who is in good standing to authorize access to the facility or to the transportation system cannot be reached, if the person is in opposition to access or if access relates to premises serving as a home, the nuclear security inspectors may request the President of the High Court or the judge delegated by him to be authorized.
"The court of competent jurisdiction is the court in which the facility or means of transport are located.
"The magistrate, seized without form and urgently adjudicating, verifies that the application contains all the necessary justifications.
"It authorizes the visit by a reasoned order indicating the facts and the right to support 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 authorized agents to do so. The order is enforceable only in the minute.
"He designates the territorially competent judicial police officer to attend and keep him informed of their conduct.
"Art. L. 596-7.-The order referred to in section L. 596-6 is notified on site at the time of the visit to the occupant of the premises or to his representative who receives full copy of the order against receipt or demarcation at the notice of visit. In the absence of the occupant of the premises or his representative, the order is notified, after the visit, by registered letter with a request for notice of receipt. The notification is deemed to be made on the date of receipt on the notice. If the order is not received, it shall be served by act of judicial officer.
"The notice includes a reference to the remedies and deadlines for appeal against the order that authorized the visit and the conduct of the visits. He also mentions that the judge who authorized the visit may have an application for a suspension or a stop to the visit.
"Art. L. 596-8.-The visit is conducted under the authority and control of the judge of freedoms and detention who authorized it. The judge of freedoms and detention may, if he considers it useful, visit the premises during the intervention. At any time, it may decide to suspend or stop the visit. The referral of the Justice of Freedoms and Detention for the purpose of suspending or stopping visits has no suspensive effect.
"Art. L. 596-9.-The visit is carried out in the presence of the occupant of the premises who may be assisted by counsel of his choice. In the absence of the occupant of the premises or his representative, the officers and officials responsible for the visit can only carry out the visit in the presence of two witnesses who are not placed under their authority. A report describing the procedure and the conduct of the operation and consigning the findings made is immediately prepared by the officers and officials who conducted the visit. The report is signed by these officers and by the occupant of the premises or, where appropriate, his representative and witnesses. In the event of a refusal to sign, mention is made in the minutes.
"The original record is, as soon as it has been established, addressed to the judge who authorized the visit. A copy of the same document is submitted or sent by registered letter with a request for a notice of receipt to the occupant of the premises or to his representative.
"The minutes mention the time limit and remedies.
"Art. L. 596-10.-The order authorizing the visit may be appealed to the first president of the Court of Appeal in accordance with the rules set out in the Civil Procedure Code. The parties are not required to be admitted.
"This appeal is filed by a statement submitted or addressed by registered fold to the court office within fifteen days. This deadline is short from notification of the order. This call is not suspensive.
"The Registry of the High Court shall promptly forward the case file to the Court of Appeal where the parties may consult it.
"The order of the first president of the Court of Appeal is subject to a cassation appeal, according to the rules provided by the Civil Procedure Code. The deadline for the cassation appeal is fifteen days.
"Art. L. 596-11.-The first president of the Court of Appeal shall hear appeals against the conduct of visits authorized by the Judge of Freedoms and Detention in accordance with the rules laid down in the Code of Civil Procedure. The parties are not required to be admitted.
"The appeal shall be filed by a statement issued or addressed by registered plea to the court office within fifteen days. This deadline is short from the delivery or receipt of the minutes referred to in Article L. 596-7. This appeal is not suspensive. The order of the first president of the Court of Appeal is subject to a cassation appeal according to the rules laid down in the Civil Procedure Code. The deadline for the cassation appeal is fifteen days.
"Art. L. 596-12.-The provisions of this section, if any, are reproduced in the notice of the order of the judge of freedoms and detention authorizing the visit.
"Art. L. 596-13.-Nuclear safety inspectors shall supervise the facilities referred to in the second paragraph of Article L. 593-3, in accordance with the rules applicable to them. For this purpose, they have the rights and prerogatives conferred on the agents referred to in Article L. 514-5.
“Section 2
“Police measures and administrative sanctions
"Art. L. 596-14.-Where certain conditions imposed on the operator of a facility or on the person responsible for the carriage are not complied with, the Nuclear Safety Authority, regardless of the criminal proceedings that may be carried out, shall retain the person concerned to meet these conditions within a specified period of time.
"Art. L. 596-15.-If, at the expiry of the time limit, it has not been referred to the stipulation made pursuant to Article L. 596-14, the Nuclear Safety Authority may, by reason of decision and after placing the person concerned in a position to make his observations:
« 1° Obliging it to record in the hands of a public accountant an amount that meets the amount of work to be done or the cost of action to be taken; the amount is then returned to the operator as the work or measures prescribed by the operator are performed by the operator;
« 2° Permit the execution of the work or prescribed measures, at the expense of the person in question; amounts recorded under 1° may be used to pay the expenses incurred;
« 3° Suspend the operation of the facility or the operation in question; this measure is lifted in full right from the full execution of the imposed conditions.
"Art. L. 596-16.-Where a facility or operation subject to authorization, approval or declaration is created, operated or carried out without having been the subject of such authorization, approval or declaration, the Nuclear Safety Authority shall place the person concerned in a position to regulate his or her situation.
"It may, by a reasoned decision, suspend the operation of the facility or the conduct of the operation until the filing of the declaration or until it has been decided on the application for authorization or approval.
"Art. L. 596-17.-If the interested party fails to comply with the requirement to regulate its situation under section L. 596-16 or if the request for authorization or approval is rejected, the Nuclear Safety Authority may:
"1° Implement the provisions laid down in 1° and 2° of Article L. 596-15;
« 2° If necessary, and by a reasoned decision, order the cessation of the operation of the facility or of the operation.
"Art. L. 596-18.-Unless there is an emergency, the motivated decisions taken by the Nuclear Safety Authority pursuant to sections L. 596-15 to L. 596-17 are subject to the approval of Ministers responsible for nuclear safety.
"This approval shall be deemed to have been granted without opposition within the fifteen-day period or, if requested by the Ministers, for one month. This opposition is motivated and made public.
"Art. L. 596-19.-The Nuclear Safety Authority shall take the necessary interim measures for the application of the measures provided for in sections L. 593-13, L. 593-21, L. 593-22 and L. 593-24 and L. 596-14 to L. 596-17, including the application of the seals.
"Art. L. 596-20.-Amounts that have been ordered in the hands of a public accountant pursuant to the provisions of Articles L. 596-15 and L. 596-17 shall be recovered as in respect of claims of the foreign State to taxation and the estate.
"For this recovery, the State enjoys a privilege of the same rank as that provided for in theArticle 1920 of the General Tax Code.
"When the enforceable state taken under a consignation measure is the subject of an opposition to the administrative judge, the president of the administrative tribunal or the magistrate whom he delegates, ruling in a referendum, may, notwithstanding that opposition, at the request of the Nuclear Safety Authority and if no means advanced in support of the request is proper to establish, in the form of a serious period of doubt,
"Art. L. 596-21.-Where the Nuclear Safety Authority has ordered a suspension measure pursuant to the 3rd of Article L. 596-15 and Article L. 596-16, and during the period of such suspension, the operator of the basic nuclear facility or the person responsible for the carriage shall ensure to their personnel the payment of wages, allowances and remuneration of any kind to which he had previously been entitled.
"The operator of the basic nuclear facility provides for the contractual conditions under which the personnel of the outside companies operating on the facility's site shall be guaranteed the same guarantees for the maintenance of wages, allowances and remuneration for the duration of the suspension.
"Art. In the event of a failure of the operator, the measures provided for in sections L. 593-13, L. 593-20, L. 593-23, L. 593-24, to articles L. 593-25 to L. 593-27, to article L. 593-35, to articles L. 596-14 to L. 596-19 or to article L. 596-20 may be taken, by reasoned decision
"The same measures may be taken against persons who, after the operator's failure, become owners of the base nuclear facility's base base base base base base base base base site by knowing the existence of the base nuclear facility and the obligations that may be borne under this section.
“Section 3
« Litigation
"Art. L. 596-23.-I. ― Disputes relating to administrative decisions taken pursuant to articles L. 593-5, L. 593-7, L. 593-8, L. 593-10 to L. 593-33, L. 593-35, L. 596-14 to L. 596-19, L. 596-20 and L. 596-22 are subject to full jurisdiction litigation.
“II. - Decisions taken on the basis of the articles listed in I may be referred to the administrative court:
« 1° By the applicant, the operator of the basic nuclear facility, the person responsible for transport or, in the event of application of section L. 596-22, the owner of the land within two months of the date of their notification;
« 2° By third parties, due to the dangers that the operation of the basic nuclear facility or the transport may present for the health of persons and the environment, within two years from the date of publication for the creation authorizations mentioned in Articles L. 593-7 and L. 593-14, the authorizations for the final stop and dismantling referred to in Article L. 593-25 or the authorizations for the final stop
“Section 4
« Criminal provisions
"Subsection 1
“Research and recognition of offences
"Art. L. 596-24.-The nuclear safety inspectors authorized and sworn in under conditions established by decree in the Council of State shall have the right to seek and observe violations of the provisions of chapters I, III and VI of this title and the texts taken for their application. For this purpose, they have the powers provided for in articles L. 596-4 and L. 596-5 and may, in the event of an infringement of their action, use the procedure provided for in articles L. 596-6 to L. 596-12.
"Operations for the search and recognition of these offences are placed under the authority and control of the public prosecutor in whose jurisdiction the offence is committed or is likely to be committed.
"These offences are found in the records of judicial police officers and nuclear safety inspectors. These minutes are held to the contrary. They shall be sent to the public prosecutor within five days of the finding. A copy is provided to the facility operator or to the person responsible for transportation.
"Art. L. 596-25.-In respect of the equipment and facilities referred to in the last paragraph of section L. 593-3, the nuclear safety inspectors shall have the rights and prerogatives conferred on the officers referred to in sections L. 216-4, L. 216-5, L. 514-5 and L. 514-13.
"Art. L. 596-26.-In accordance with the provisions of this chapter, samples may be collected by nuclear safety inspectors within the scope of the basic nuclear facilities or at the points of release of these facilities and in the transport of radioactive substances. These samples may include several samples to allow further analysis.
"Subsection 2
« Penal sanctions
"Art. L. 596-27.-I. ― Is punished by three years in prison and 150,000 € in fine:
« 1° To establish or operate a basic nuclear facility without the authorization provided for in articles L. 593-7, L. 593-14, L. 593-25 and L. 593-30;
« 2° To operate a basic nuclear facility referred to in Article L. 593-35 without having made the declaration provided for in that article within the time limit set by that article;
« 3° To continue the operation of a basic nuclear facility in contravention of an administrative measure or a judicial decision to arrest or suspend.
“II. ― is punished by two years in prison and 75,000 € in fine:
« 1° To operate a basic nuclear facility without complying with a stipulation of the administrative authority to comply with a prescription;
« 2° Not to comply with a decision setting the conditions for remediation of the site and pursuant to section L. 593-26 and L. 593-27 or section L. 596-22.
"III. ― is punished by one year's imprisonment and 30,000 € by fines of transporting radioactive substances without the authorization or approval referred to in Article L. 595-2 or in violation of their requirements.
"IV. ― is punishable by one year's imprisonment and a fine of 15,000 € for the operator of a basic nuclear facility:
« 1° Deny, after being required, information relating to nuclear safety to the administrative authority in accordance with Article L. 596-5;
« 2° To obstruct controls under articles L. 596-1 to L. 596-13, L. 596-24 and L. 596-25.
"V. ― A year's imprisonment and a fine of $15,000 is imposed on the operator of a basic nuclear facility or the person responsible for the transport of radioactive substances not to make statements of an incident or accident prescribed by section L. 591-5.
"VI. ― is punishable by 7,500 € of fine for the operator of a basic nuclear facility not to establish the annual document provided for in section L. 125-15 within six months of the end of the year under review, to obstruct its availability to the public or to carry false information.
"Art. L. 596-28.-In the event of a conviction for an offence under section L. 596-27, natural persons also apply the following additional penalties:
« 1° The display of the decision or the dissemination of the decision by any appropriate means;
« 2° The 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 of professional activity in the exercise or occasion of which the offence was committed.
"Art. L. 596-29.-I. ― In the event of conviction for an offence under 1° or 2° of I or 1° of II of Article L. 596-27, the court may:
« 1° Decide on the stopping or suspension of the operation of all or part of the installation;
« 2° Order the remediation of the site within a period that it determines. The remediation injunction may be accompanied by an astreinte which sets the maximum rate and duration.
“II. ― The court may decide that the remediation work will be performed ex officio at the operator's expense. In such a case, it may order the operator's summons in the hands of a public accountant of an amount that meets the amount of work to be performed.
"Art. L. 596-30.-I. ― Legal persons may be declared criminally liable under the conditions provided by theArticle 121-2 of the Criminal Codeoffences defined in this chapter.
“II. – The penalties incurred by legal persons are:
« 1° In the event of the establishment of a basic nuclear facility without authorization and in the event of the continuation of the operation in violation of an administrative or judicial measure or without having made the declaration provided for in Article L. 593-35, a fine of 1,500,000 €;
« 2° For other offences, the fine in accordance with the terms and conditions set out in theArticle 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 penal code. The prohibition referred to in 2° of this same article relates to activity in the exercise or occasion of which the offence was committed.
"Art. L. 596-31.-Les provisions of articles 132-66 to 132-70 of the Criminal Code on adjournment with injunction are applicable in the event of conviction on the basis of articles L. 596-27 and L. 596-30.
"The jurisdiction can match the injunction of a charge of €15,000 per day of delay.
“Chapter VII
“ Provisions applicable to civil liability
in the field of nuclear energy
“Section 1
" Provisions applicable from the entry into force of the Protocol amending the Paris Convention, signed in Paris on 12 February 2004
"Art. L. 597-1.-The provisions of this section establish measures that, under the Convention on Civil Liability in the Field of Nuclear Energy signed in Paris on 29 July 1960, the supplementary agreement signed in Brussels on 31 January 1963 and the additional protocols to those conventions signed in Paris on 28 January 1964, 16 November 1982 and 12 February 2004, are left to the initiative of each contracting party.
"Art. L. 597-2.-Submitted to the provisions of this section are natural or legal persons, public or private, who operate a nuclear, civil or military facility, entering the scope of the Paris Convention referred to in Article L. 597-1 and whose regime is defined by this title and, in respect of military installations, by the provisions of the first and second paragraphs of Article 2 III of Act No. 2006-686 of 13 June 2006 on transparency and security in nuclear matters.
"For the purposes of this section, where several nuclear facilities or a nuclear facility and any other facility in which radioactive materials are held have the same operator and are located on the same site, they are considered a single nuclear facility.
"Art. L. 597-3.-This section applies to nuclear damage as defined in Article 1(a) of the Paris Agreement signed in Paris on July 29, 1960 referred to in Article L. 597-1.
"Art. L. 597-4.-The maximum liability of the operator is set at 700 million euros for nuclear damage caused by each nuclear accident.
"However, the above amount is reduced to €70 million for the same nuclear accident when operating on a specified site only facilities, whose characteristics are defined by regulation, with a reduced risk. This amount is also reduced in cases where the Paris Convention is applicable to a non-contracting State in accordance with Article 2, II and IV, to the extent that the State does not grant an equivalent amount and due competition of the latter amount.
"Art. L. 597-5.-Beyond the amount of responsibility of the operator, the victims are compensated by the State, under the limits set by the Brussels supplementary convention.
"With respect to non-peaceful facilities, the victims who had been founded to avail themselves of the Brussels Convention if it was a peaceful installation were compensated by the State without the overall compensation of the damages could exceed 1.5 billion euros per accident.
"Art. L. 597-6.-The operator shall inform the judicial officer of the Treasury of any claims for compensation for victims.
"Art. L. 597-7.- Every operator is required to have and maintain an insurance or other financial guarantee, by accident, of the amount of its liability. The financial guarantee is approved by the Minister for Economy and Finance.
"The insurer or any other person who has provided financial assistance shall not suspend or terminate the insurance or financial guarantee provided for in this section without at least two months' notice in writing to the Minister responsible for nuclear energy.
"Art. L. 597-8.- Subject to the provisions of Article L. 597-10, the maximum liability of the operator for the carriage of nuclear substances is set at 80 million euros for the same nuclear accident.
"Art. L. 597-9.-For any transport of nuclear substances carried out between the territory of the French Republic and that of a State in which the Brussels Convention is not in force, the operator of the nuclear facility located in the territory of the French Republic who ships or receives these substances shall assume, in accordance with the provisions of this section, the responsibility for nuclear accidents occurring during the carriage in the territory of the French Republic.
"Art. L. 597-10.-In order to transport nuclear substances in transit in the territory of the French Republic, the carrier must justify an equivalent insurance or financial guarantee covering the damage that could be caused by a nuclear accident during carriage, up to the amount set out in Article L. 597-8, if it is a transport governed by the Paris Convention, and 1.2 billion euros in other cases.
"Art. L. 597-11.-For an international transport not covered by the Paris Convention, the carrier must justify the existence of a financial guarantee by the production of a certificate from the insurer or any other person who has provided the equivalent financial guarantee and stating the name of the insurer or the guarantor, its address and the amount, type and duration of the guarantee. This certificate must also designate the nuclear substances and the route covered by the guarantee.
"When international transport enters the scope of the Paris Convention, the certificate is established in accordance with Article 4 of this Convention.
"A joint decision of the Minister for Nuclear Energy and the Minister for Transport sets out certificate models.
"Art. L. 597-12.-A non-limitative list of conditions that, unless otherwise proven, are presumed to originate the accident is established by regulation based on irradiation and contamination received and the period in which the condition was found.
"Art. L. 597-13.-Representative or final allowances actually paid to victims cannot be repeated due to the limitations of responsibilities and guarantees provided for in articles L. 597-4 and L. 597-5.
"Art. L. 597-14.-I. ― If, as a result of a nuclear accident, it appears that the maximum amounts available under this section may be insufficient to repair all damages suffered by victims, a decree issued within six months of the day of the accident finds this exceptional situation and sets out the terms and conditions for the distribution of the amounts referred to in sections L. 597-4 and L. 597-5.
"This decree may, in particular, define specific control measures to which the population will be required to determine the persons who have been injured and may, in view of the insufficiency of the amounts referred to in the preceding paragraph and the priority set out in the II, set out the rules for calculating compensation that may be allocated to each victim in compensation for bodily or material damage.
“II. ― In this case, the amounts available under this section shall be distributed as follows:
« 1° Corporal damage is fixed by priority in terms determined by analogy with labour accident legislation;
« 2° The remaining amounts available, if any, after the first compensation, shall be apportioned among the victims proportionally to the remaining bodily harm and other nuclear damage suffered, assessed under the common law.
"Art. L. 597-15.-If the operator responsible for a nuclear injury proves that this damage is the result, in whole or in part, of a serious negligence of the person who has suffered it or that that person has acted or failed to act in the intention of causing injury, that operator is exempted, to a measure appreciated by the judge based on the seriousness of the fault or negligence of that person, from the obligation of
"Art. L. 597-16.-The victim of injury may act directly against the insurer of the responsible operator or against any person who has granted the financial guarantee.
"The person who has compensated the victims has the rights of appeal recognized to the operator by the conventions referred to in Article L. 597-1. In this case, the State is reimbursed by priority of the funds it has been brought to pay.
"Art. L. 597-17.-Remediation actions are prescribed by three years, from the time the victim was aware of the damage and the responsible operator, or from the time that she had reasonably been aware of it; they may not, however, be brought after the expiry of the statute of limitation and termination periods provided for in Article 8 a of the Paris Convention referred to in Article L. 597-1.
"When the accident occurred in the territory of the French Republic and if the Paris Convention gives jurisdiction to a French court, the State also ensures compensation for nuclear damage other than those to persons whose compensation could not be sought because the damage occurred only after a period of ten years from the day of the accident. The total amount of compensation awarded in any way may not exceed the maximum amount of compensation provided for in this section.
"The action for reparation against the State shall be brought within a maximum of five years after the expiry of the ten-year period provided for in the preceding paragraph.
"Art. L. 597-18.- This section does not deviate from the rules established by social insurance and occupational injury and occupational disease legislation, and from the same legislation, specific to certain occupational categories, particularly with regard to remedies.
"In all cases other than the one where the victim is at the service of the operator during the nuclear accident has been compensated for in a specific work or service accident or occupational disease, appeals against the operator, insurer or persons providing a guarantee.
"If the victim was at the service of the operator during the nuclear accident and was compensated for a specific work or service accident, or occupational disease, and if that nuclear accident was caused by a person other than the operator or his or her attendants, the victim and the body that paid the social benefits to the operator shall exercise the remedy they have against the operator.
"Remedies shall be exercised within and under the conditions set out in Articles L. 597-4 and L. 597-5.
"Art. L. 597-19.-For the purposes of this section, where the nuclear accident occurred in the territory of the French Republic or if, pursuant to the Paris Convention, jurisdiction is assigned to a French court, the Paris Court of Grand Instance is the sole competent court.
"However, the prosecutor of the Republic and the court's investigating judge in the jurisdiction of which the nuclear accident took place have the right to perform the acts required by the emergency. These acts are transmitted to the Paris High Court.
"In no case can the criminal court, possibly seized, rule on civil action.
"People who have suffered nuclear damage can claim their right to compensation without having to initiate different procedures according to the origin of the funds.
"Art. L. 597-20.-I. ― 1° Is punishable by imprisonment of five years and a fine of 150,000 €, or only one of these two penalties, by failing to comply with the obligation to have and maintain insurance or other financial guarantee, provided for in the second paragraph of section 7 of Act No. 68-943 of 30 December 1968 on civil liability in the field of nuclear energy as well as in sections L. 597-10-7 and L.
« 2° It is punishable by one year's imprisonment and a fine of 15,000 €, or only one of these two penalties, not to produce the certificate provided for in Article L. 597-11.
“II. ― If it is found by record that the operator or carrier may not provide the rationale for the insurance or financial guarantee provided for in the second paragraph of section 7 of Act No. 68-943 of 30 December 1968 relating to civil liability in the field of nuclear energy as well as to sections L. 597-7, L. 597-10 and L. 597-11, the competent administrative authority may suspend the operation of the installation required
"In the event of a suspension of the operation of the installation or execution of the carriage, any measures may be taken by the competent administrative authority at the expense of the operator or carrier to ensure the safety of persons and goods.
"Art. L. 597-21.-The provisions of this section exclude the application of the specific rules relating to the limitation of claims on the State, departments, municipalities and public institutions.
"Art. L. 597-22.-In the event of the expiry of the Brussels Convention or of its denunciation by France, the supplementary compensation of the State provided for in the first paragraph of Article L. 597-5 shall, to a maximum of 800 million euros, only be paid for the damage suffered in the territory of the French Republic. The same is true, if any, in the period between the entry into force of the Protocol amending the Paris Convention and the Protocol amending the Brussels Convention.
"Art. L. 597-23.-The provisions of this section shall apply from the date of entry into force of the Protocol amending the Paris Convention signed in Paris on 12 February 2004 and shall become null and void on the day the Paris Convention shall terminate either by denunciation or by its expiry.
"Art. L. 597-24.-Three months from the coming into force of this section, any operator or carrier must be able to justify that its liability is covered under the conditions provided for in this section. second paragraph of Article 7 of Law No. 68-943 of 30 October 1968 relating to civil liability in the field of nuclear energy and articles L. 597-7 to L. 597-10, for the share of liability not guaranteed by the State under the second paragraph of Article 7 of the same Law.
"Art. L. 597-25.-Up to the date referred to in section L. 597-24, the amount of liability to which each operator is required, pursuant to section L. 597-7, to have and maintain an insurance or other financial guarantee remains fixed at the level provided for in section L. 597-4. Until that same date, section L. 597-8 remains applicable.
“Section 2
" Provisions applicable until the entry into force of the Protocol amending the Paris Convention, signed in Paris on 12 February 2004
"Art. L. 597-26.-The provisions of this section establish measures that, under the Convention on Civil Liability in the Field of Nuclear Energy signed in Paris on 29 July 1960, the supplementary agreement signed in Brussels on 31 January 1963 and the additional protocols to those conventions signed in Paris on 28 January 1964 and 16 November 1982, are left at the initiative of each contracting party.
"Art. L. 597-27.-Submitted to the provisions of this section are natural or legal persons, public or private, who operate a nuclear, civil or military facility, entering the scope of the Paris Convention referred to in Article L. 597-27 and whose regime is defined by this title and, in respect of military installations, by the provisions of the first and second paragraphs of Article 2 III of Act No. 2006-686 of 13 June 2006 on transparency and security in nuclear matters.
"For the purposes of this section, are considered to be a single nuclear facility for several nuclear facilities or a nuclear facility and any other facility in which radioactive materials are held when they have the same operator and are located on the same site.
"The terms and conditions under which a carrier may apply to be substituted, with respect to the liability provided for in section L. 597-28, for the operator of a nuclear facility with the agreement of the carrier, if the carrier meets the conditions required by section L. 597-31 and by the carrier second paragraph of Article 7 of Law No. 68-943 of 30 October 1968 on civil liability in the field of nuclear energy are determined by regulation.
"Art. L. 597-28.-The maximum liability of the operator is 91,469,410.34 € for the same nuclear accident.
"However, the amount set out in the previous paragraph is reduced to €22,867,352.59 for the same nuclear accident when operating on a specified site only reduced-risk facilities, whose characteristics are defined by regulation.
"Art. L. 597-29.-Beyond the amount of responsibility of the operator, the victims are compensated by the State, within the limits set by the Brussels supplementary convention mentioned in Article L. 597-26.
"In respect of non-peaceful facilities, the victims who had been founded to avail themselves of the same convention if it was a peaceful installation are compensated by the State without the overall compensation of the damages may exceed €381,122,543.09 per accident.
"Art. L. 597-30.-The operator shall inform the court officer of the Treasury of any claims for compensation for victims.
"Art. L. 597-31.- Every operator is required to have and maintain an insurance or other financial guarantee, by accident, of the amount of its liability. The financial guarantee is approved by the Minister for Economy and Finance.
"The insurer or any other person who has provided financial assistance shall not suspend or terminate the insurance or financial guarantee provided for in this section without at least two months' notice in writing to the Minister responsible for nuclear energy.
"Art. L. 597-32.- Subject to the provisions of Article L. 597-34, the maximum liability of the operator in the event of the carriage of nuclear substances is set at 22,867,352.59 € for the same nuclear accident.
"Art. L. 597-33.-For any transport of nuclear substances carried out between the territory of the French Republic and that of a State in which the Brussels Convention is not in force, the operator of the nuclear facility located in the territory of the French Republic who ships or receives these substances assumes, in accordance with the provisions of this section, the responsibility for nuclear accidents occurring during the carriage on the territory of the French Republic.
"Art. L. 597-34.-In order to carry nuclear substances in transit on the territory of the French Republic, the carrier must justify an equivalent insurance or financial guarantee covering the damage that could be caused by a nuclear accident during carriage, up to the amount set out in Article L. 597-32, if it is a transport governed by the Paris Convention, and 228 673 525,
"Art. L. 597-35.-For an international transport not covered by the Paris Agreement, the carrier must justify the existence of a financial guarantee by the production of a certificate from the insurer or any other person who has provided the equivalent financial guarantee and stating the name of the insurer or the guarantor, its address and the amount, type and duration of the guarantee. This certificate must also designate the nuclear substances and the route covered by the guarantee.
"When international transport enters the scope of the Paris Convention, the certificate is established in accordance with Article 4 C of this Convention.
"A joint decision of the Minister for Nuclear Energy and the Minister for Transport sets out certificate models.
"Art. L. 597-36.-A non-limitative list of conditions that, unless otherwise proven, are presumed to originate the accident is established by regulation based on irradiation and contamination received and the period in which the condition was found.
"Art. L. 597-37.-The actual instalment or final allowances paid to victims cannot be repeated because of the limitations of responsibilities and guarantees provided for in articles L. 597-28 and L. 597-29.
"Art. L. 597-38.-I. ― If, as a result of a nuclear accident, it appears that the maximum amounts available pursuant to this section may be insufficient to repair all damages suffered by victims, an Order in Council of Ministers, issued within six months of the day of the accident, notes this exceptional situation and sets out the terms and conditions for the distribution of the amounts referred to in Articles L. 597-28 and L. 597-29.
"This decree may, in particular, define specific control measures to which the population will be required to determine the persons who have been injured and may, in view of the insufficiency of the amounts referred to in the preceding paragraph and the priority set out in the II, set out the rules for calculating compensation that may be allocated to each victim in compensation for bodily or material damage.
“II. ― In this case, the amounts available under this section shall be distributed as follows:
« 1° Corporal damage is fixed by priority in terms determined by analogy with labour accident legislation;
« 2° The remaining amounts available, if any, after the first compensation, shall be apportioned among the victims proportionally to the remaining bodily harm and the material damage suffered, as assessed under the common law.
"Art. L. 597-39.-The victim of injury may act directly against the insurer of the responsible operator or against any person who has granted the financial guarantee.
"Whoever compensated the victims has the rights of appeal recognized to the operator by the conventions referred to in Article L. 597-26. In this case, the State is reimbursed by priority of the funds it has been brought to pay.
"Art. L. 597-40.-Remediation actions are prescribed by three years from the time the victim was aware of the damage and the responsible operator, or from the time that she had reasonably been aware of it; However, they cannot be brought more than ten years from the day of the accident.
"When the accident occurred in the territory of the French Republic and if the Paris Convention gives jurisdiction to a French court, the State also ensures compensation for damages that could not be sought because the damage occurred only after a period of ten years from the day of the accident. The total amount of compensation awarded in any way may not exceed the maximum amount of compensation provided for in this section. The action for reparation against the State shall be brought within a maximum period of five years after the expiry of the ten-year period set out in the preceding paragraph.
"Art. L. 597-41.-The provisions of this section do not deviate from the rules established by social insurance laws and the compensation of occupational accidents and occupational diseases, and from the laws of the same object, specific to certain occupational categories, particularly with regard to remedies.
"In all cases other than the one where the victim is at the service of the operator during the nuclear accident has been compensated for by an accident of work or service itself, or by a professional illness, appeals are made against the operator, insurer or persons providing a guarantee.
"If the victim was at the service of the operator during the nuclear accident and was compensated for a specific work or service accident, or occupational illness, and if the accident was caused by a person other than the operator or its attendants, the victim and the body that paid the social benefits to the operator shall exercise the remedy they have against the operator.
"Remedies shall be exercised within and under the conditions set out in Articles L. 597-28 and L. 597-29.
"Art. L. 597-42.-For the purposes of this section, where the nuclear accident occurred in the territory of the French Republic or if, pursuant to the Paris Convention, jurisdiction is assigned to a French court, the Paris Court of Grand Instance is the sole competent court.
"However, the prosecutor of the Republic and the court's investigating judge in the jurisdiction of which the nuclear accident took place have the right to perform the acts required by the emergency. These acts are transmitted to the Paris High Court.
"In no case can the criminal court, possibly seized, rule on civil action.
"Art. L. 597-43.-I. ― 1° Is punishable by imprisonment of five years and a fine of 150,000 €, or only one of these two penalties, by failing to comply with the obligation to have and maintain insurance or other financial guarantee, provided for in second paragraph of Article 7 of Law No. 68-943 of 30 October 1968 relating to civil liability in the field of nuclear energy and articles L. 597-31 and L. 597-34;
« 2° It is punishable by one year's imprisonment and a fine of 15,000 €, or only one of these two penalties, not to produce the certificate provided for in Article L. 597-35.
“II. ― If it is found by notice that the operator or carrier may not provide the rationale for the insurance or financial guarantee provided for in the second paragraph of section 7 and by theArticle 8 of Act No. 68-943 of 30 October 1968 relating to civil liability in the field of nuclear energy and to articles L. 597-31, L. 597-34 and L. 597-35, the competent administrative authority may suspend the operation of the facility or the execution of the transport until the required justification is produced.
"In the event of a suspension of the operation of the installation or execution of the carriage, any measures may be taken by the competent administrative authority at the expense of the operator or carrier to ensure the safety of persons and goods.
"Art. L. 597-44.-The provisions of this section exclude the application of the specific rules relating to the limitation of claims on the State, departments, municipalities and public institutions.
"Art. L. 597-45.-Until the publication in the Official Journal of the French Republic of the protocol amending the Brussels Convention, made in Paris on 16 November 1982, or after the expiry of this agreement or its denunciation by the Government of the Republic, the supplementary compensation of the State provided for in the first paragraph of Article L. 597-29 shall, to a maximum of € 381,122,543.09, only for damages
"Art. L. 597-46.-The provisions of this section become null and void either as a whole, on the day the Paris Convention ends, either by denunciation or by its expiry or as a whole, and subject to articles L. 597-24 and L. 597-25, on the date of entry into force of the Protocol amending the Paris Convention signed in Paris on 12 February 2004. »
Book VI of the same code is amended as follows:
1° Chapter IV of title I is supplemented by an article L. 614-2 as follows:
"Art. L. 614-2. - The provisions of section 1, subject to articles L. 597-23 to L. 597-25, and those of section 2, subject to articles L. 597-45 and L. 597-46 of chapter VII of title IX of Book V are applicable in New Caledonia. » ;
2° Chapter IV of title II is supplemented by an article L. 624-4, as follows:
"Art. L. 624-4. - The provisions of section 1, subject to articles L. 597-23 to L. 597-25, and those of section 2, subject to articles L. 597-45 and L. 597-46 of chapter VII of title IX of Book V are applicable in French Polynesia. » ;
3° Chapter V of title III is supplemented by an article L. 635-4 as follows:
"Art. L. 635-4. - The provisions of section 1, subject to articles L. 597-23 to L. 597-25, and those of section 2, subject to articles L. 597-45 and L. 597-46 of chapter VII of title IX of Book V are applicable in the Wallis and Futuna Islands. » ;
4° Title IV is supplemented by an article L. 640-4 as follows:
"Art. L. 640-4. - The provisions of section 1, subject to articles L. 597-23 to L. 597-25, and those of section 2, subject to articles L. 597-45 and L. 597-46 of chapter VII of title IX of Book V are applicable to the French Southern and Antarctic Lands. »
The references in the provisions of a legislative nature to provisions repealed by this Order are replaced by references to the corresponding provisions of the Environmental Code.
Are repealed, subject to the provisions of section 7:
1° Section 3, paragraph 1, of Act No. 571 of 28 October 1943 on steam-pressed appliances used on land and gas-pressed appliances used on land and on board marine navigation vessels as it relates to the control powers of the agents of the Nuclear Safety Authority on the devices installed in a basic nuclear facility;
2° La Act No. 68-943 of 30 October 1968 relating to civil liability in the field of nuclear energy, with the exception of the second paragraph of Article 7 and Article 8;
3° In the Act No. 2006-686 of 13 June 2006 on transparency and security in nuclear matters:
- Article 1;
- Article 2, except for its III;
Articles 3 to 9;
- Article 10, except for its third paragraph;
Articles 11 to 18;
- Article 19, with the exception, in its first paragraph, of the words: "or, when the quantities are greater than the thresholds provided by decree" and "of the holder of such substances,"
Articles 21 to 31;
Articles 33 to 36;
Articles 40 to 52;
- Article 54;
– II and III of Article 55;
- III of Article 62;
4° In the Act No. 2006-739 of 28 June 2006 Programme on the Sustainable Management of Radioactive Materials and Wastes:
(a) Articles 7,10 and 17;
(b) Article 20, with the exception of the fourth paragraph of the III and the tenth paragraph of the IV;
(c) Articles 22 to 24;
5° The Decree No. 2011-1844 of 9 December 2011 on transparency in the transport of radioactive substances.
The repeal of the provisions listed in Article 6 shall only take effect from the date of publication of the decree in the Council of State codifying the corresponding regulatory provisions with respect to articles or parts of articles, paragraphs or parts of the following paragraphs:
I. ― In the Act No. 68-943 of 30 October 1968 on civil liability in the field of nuclear energy:
1° In the third paragraph of Article 2, in its draftingArticle 2 of Act No. 90-488 of 16 June 1990 amending Act No. 68-943 of 30 October 1968 on civil liability in the field of nuclear energy, the words: "a decree";
2° In the second paragraph of Article 4, the words "by decree";
3° In section 10, the words: "an order made on the report of the Minister for Atomic Energy and the Minister for Social Affairs";
4° In the first paragraph of Article 13, in its initial drafting and in its drafting of Article 55 of the above-mentioned Act of 13 June 2006, the words "in Council of Ministers".
II. ― Inside Act No. 2006-686 of 13 June 2006 on transparency and security in nuclear matters:
1° The last paragraph of Article 21;
2° Article 23:
(a) In the second paragraph, the words "by decree" and the number "six" from theArticle 1 of Decree No. 2008-1108 of 29 October 2008 ;
(b) In the last paragraph, the words: "by decree";
3° Article 29:
(a) In the second paragraph of I, the words "by decree";
(b) In the third paragraph of I, the word "decree";
(c) In the second paragraph of the V, the words "by decree taken";
(d) In the third paragraph of the V, the word "decree";
(e) In the second paragraph of the VI, the words "by decree taken";
(f) In the third paragraph of the VI, the word "decree".
III. ― Inside Act No. 2006-739 of 28 June 2006 Programme on the Sustainable Management of Radioactive Materials and Wastes:
1° In the second sentence of the second paragraph of Article 4, the words: "by decree made after notice of the interministerial commission of basic nuclear facilities";
2° In the first paragraph of Article 20 V, the words "A decree determines as necessary".
Three months from the entry into force of the protocol signed in Paris on 12 February 2004 amending the Paris Convention, chapter VII, section 2 of title IX of Book V of the Environmental Code and section L. 597-25 of the same Code are repealed.
The Prime Minister, the Minister of Ecology, Sustainable Development, Transport and Housing and the Minister of Economy, Finance and Industry are responsible, each with respect to the application of this Order, to be published in the Official Journal of the French Republic.
Done on 5 January 2012.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
Minister of Economy,
finance and industry,
François Baroin
