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Decree Of 9 December 2015 Amending Several Laws Related To Water Intended For Human Consumption Made Under Articles R. 1321-2, R. 1321-3, R. 1321-7, R. 1321-20, R. 1321-1321 And R. 1321-38 Of The Code Of Public Health

Original Language Title: Arrêté du 9 décembre 2015 modifiant plusieurs arrêtés relatifs aux eaux destinées à la consommation humaine pris en application des articles R. 1321-2, R. 1321-3, R. 1321-7, R. 1321-20, R. 1321-21 et R. 1321-38 du code de la santé publique

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Texts transposed

Council Directive 2013/51/Euratom setting requirements for the protection of the health of the population with regard to radioactive substances in waters intended for human consumption

Summary

Full transposition of Council Directive 2013/51/Euratom of 22 October 2013 establishing requirements for the protection of the health of the population with regard to radioactive substances in waters intended for human consumption.

Keywords

SOCIAL BUSINESS , EUROPEAN DIRECTIVE , COMPLETE TRANSPOSITION


JORF n°0293 of 18 December 2015 page 23362
text No. 30



Order of 9 December 2015 amending several decrees relating to water for human consumption pursuant to articles R. 1321-2, R. 1321-3, R. 1321-7, R. 1321-20, R. 1321-21 and R. 1321-38 of the Public Health Code

NOR: AFSP1519057A ELI: https://www.legifrance.gouv.fr/eli/arrete/2015/12/9/AFSP1519057A/jo/texte


Publics concerned: regional health agencies, accredited water health laboratories, person responsible for water production, distribution or conditioning.
Purpose: measurement of the radioactivity of water intended for human consumption.
Entry into force: the text comes into force on the day after its publication.
Notice: This Order adapts in French law certain provisions of Council Directive 2013/51/Euratom of 22 October 2013 establishing requirements for the protection of the health of the population with regard to radioactive substances in waters intended for human consumption and specifies the modalities for the implementation of the health control of conditioned water.
References: This Order is available on the website Légifrance (http://www.legifrance.gouv.fr).


Minister of Social Affairs, Health and Women ' s Rights,
In light of Council Directive 2013/51/Euratom of 22 October 2013 establishing requirements for the protection of the health of the population with regard to radioactive substances in waters intended for human consumption;
See?Article L. 1321-10 of the Public Health Code ;
Considering the 17 September 2003 decision on water samples analysis methods and their performance characteristics;
In view of the decision of 12 May 2004 setting out the conditions for the control of the radiological quality of water intended for human consumption;
Considering the 11 January 2007 decision on the quality limits and references of raw water and water for human consumption referred to in the articles R. 1321-2, R. 1321-3, R. 1321-7 and R. 1321-38 the Public Health Code;
Having regard to the October 22, 2013 Order on Health Control and Monitoring of Conditioned Waters and Natural Mineral Waters used for therapeutic purposes in a thermal establishment or distributed in a public buvette;
Considering the opinion of the inter-ministerial water mission of 30 June 2015;
Considering the opinion of the National Food, Environment and Labour Agency of 16 June 2015;
Considering the opinion of the Nuclear Safety Authority of 23 June 2015;
Considering the opinion of the Institute of Radiation Protection and Nuclear Safety of 9 June 2015;
Considering the opinion of the National Academy of Medicine of 26 June 2015;
Considering the advice of the National Standards Assessment Board of 13 October 2015;
In the light of the opinion of the General Secretariat of the Government of 17 November 2015,
Stop it!

Article 1 Learn more about this article...


The decision of 17 September 2003 on water samples analysis methods and their performance characteristics is amended as follows:
The table in Appendix III "Detection limits for radioactivity parameters" is replaced by the following table:


PARAMETERS
DETECTION LIMITES
(notes 1 and 2)
NOTES

Tritium

10 Bq/ L

Radon

10 Bq/ L

Overall alpha

0.04 Bq/ L

Global beta activity

0.4 Bq/L

Américium (Am) 241

0.06 Bq/ L

Carbon (C) 14

20 Bq/ L

Césium (Cs) 134

0.5 Bq/L

Césium (Cs) 137

0.5 Bq/L

Cobalt (Co) 60

0.5 Bq/L

Iode (I) 131

0.5 Bq/L

Plomb (Pb) 210

0.02 Bq/ L

Plutonium (Pu) 238,239 and 240

0.04 Bq/ L

Polonium (Po) 210

0.01 Bq/ L

Radium (Ra) 226

0.04 Bq/ L

Radium (Ra) 228

0.02 Bq/ L

Note 3

Strontium (Sr) 90

0.4 Bq/L

Uranium (U) 238

0.02 Bq/ L

Uranium (U) 234

0.02 Bq/ L

Note 1.-The detection limit is calculated according to ISO 11929 "Determination of the characteristic limits (decision threshold, detection limit and confidence interval limits) for measurement of ionizing radiations-Basic principles and applications" (with probability of errors of 1st and 2nd type of 0.05 each maximum).
Note 2.-Measurement uncertainties are calculated and reported in the form of complete standard uncertainties or extended model uncertainty with an enlargement factor of 1.96 at least according to the ISO Guide for the expression of measurement uncertainty.
Note 3.-This detection limit only applies to the initial control of the DI for a new water source; if the initial control indicates that it is not plausible that the Ra-228 exceeds 20% of the derivative concentration, the detection limit may be increased to 0.08 Bq/ L for specific routine measurements of Ra-228, until a potential new control is required.

Article 2 Learn more about this article...


Table C "Radioactivity Indicator Settings" of II "Water Quality References for Human Consumption" of Appendix I "Water Quality Limits and References for Human Consumption Excluded from Conditioned Waters" of the Decision of January 11, 2007 on the Quality Limits and References of Raw Waters and Waters for Human Consumption referred to in sections R. 1321-2, R. 1321-3,
1° The following line is inserted:


Radon

100

Bq/ L

Only for groundwater


2° In the column "Settings", the word "total" and the letter "T" are deleted and, in the column "notes" and the line "Indicative Dose (DI)", the letter "T" is deleted.

Article 3 Learn more about this article...


I. - In the above-mentioned decision of May 12, 2004, the words "Bq.L-1" are replaced by the words "Bq/L".
II. - Section 1 of the above-mentioned decision of 12 May 2004 is amended to read:
1° In the first paragraph, the word "total", the letter "T" and the words "as contained in Appendix 13-1, Appendix 13-1, B, are deleted;
2° At 2°, the words: ", according to the frequencies mentioned in Annex 13-2 of the Public Health Code" are deleted;
3° It is supplemented by a sub-item:
“3° “Reactive substance”: any substance containing one or more radionuclides whose activity or concentration cannot be overlooked from the point of view of radiation protection. »
III. - Section 2 of the above-mentioned decision of 12 May 2004 is amended to read:
1° The first is replaced by:
"The indicative dose (DI) corresponds to the effective dose of all natural and artificial radionuclides detected in a water intended for human consumption for one year, excluding tritium, potassium-40, radon and its short-lived descendants as set out in annex I to this Order. » ;
2° In 2 and 3, the letter "T" is deleted;
3° It is supplemented by a sub-item:
“4. When the formula in Annex I is met, it is considered that the DI is less than the quality reference of 0.1 mSv/year. "
IV. - Section 3 of the above-mentioned decision of 12 May 2004 is amended to read:
In the first paragraph, the point shall be replaced by a point-virgule and a new dash shall be added:


" - the measurement of radon for groundwater, excluding natural mineral waters. »


V. - Section 4 of the above-mentioned 12 May 2004 Order is amended to read:
1° In 4.1, the words "total" and the letter "T" are deleted, the word "prefect" is replaced by the words "Director General of the Regional Health Agency". In the second paragraph, after the word "tritium", the words "and the measure of potassium" are inserted. It is supplemented by a sub-item:
"When the total alpha activity and the residual overall beta activity are below, respectively, 0.1 Bq/L and 1.0 Bq/L, it is considered that the DI is below the quality reference of 0.1 mSv/year. » ;
2° Paragraph 4.2 is supplemented by a sentence as follows: "The Director General of the Regional Health Agency defines the extent of the resampling required to ensure that the measured values are representative of the average activity concentration for a full year. » ;
3° It is supplemented by a sub-item:
« 4.3. For reference and periodic radiological analyses, the overall alpha activity, the overall beta activity and tritium are measured in the same sampling. »
VI. - Section 6 of the above-mentioned Order of 12 May 2004 is replaced by the following provisions:


“Art. 6. - The procedures for the control of radon in water intended for human consumption and in water used in a non-public distribution food undertaking are determined by a decree of the Minister for Health. »


VII. - The schedule to the above-mentioned Order of 12 May 2004 is replaced by the schedule to this Order.

Article 4 Learn more about this article...


The above decision of 22 October 2013 is amended to read:
I. - Article 3 (1°):


- the words: "a Cdt1, Cdt2, Cdt3, Cdt4 as defined" are replaced by the words: "a Cdt1, Cdt2, Cdt3 and Cdt4 as defined";
- a paragraph to read:
"If several packaging chains are powered by a single pipe, the control of certain parameters can be done at the choice on a single packaging chain defined by the Director General of the Regional Health Agency, regardless of the conditioning workshop. »


II. - In Article 4 (1°), the words: ", by conditioning chain" and the fourth paragraph are deleted and the words: "an analysis of type Cdt1, Cdt2, Cdt3, Cdt4 as defined" are replaced by the words: "an analysis of type Cdt1, Cdt2, Cdt3 and Cdt4 as defined".
In Article 4 (3°), the sentence: "For facilities already authorized, the first Ress0 analysis is to be carried out within one year of the date of entry into force of this Order. » is deleted.
III. - In article 11, section 1 of the amended 14 October 1937 decision on the analysis of mineral water sources is supplemented by a paragraph as follows:
"For the above-mentioned microbiological analyses, the seeding shall be carried out within 12 hours of the sampling after storage at 6 °C +/- 4 °C during that period. »
IV. - Appendix I "Content of analysis referred to in Articles 3 and 4":
In Table 1. - Content of the analyses to be performed on the water samples taken from the emergence, by capture:


- in Part B. - Physico-chemical analysis and organic parameters, to the lines "Acrylamide" and " Epichlorhydrine" and in the column "Settings to be searched (X) or not (/) in natural mineral water (EMN), source water (ES) or water made clean by treatment (ERPT)", are inserted the words " (3) inserted and at the bottom of the table The quality limit refers to the residual concentration of monomers in the water calculated according to the specifications of the maximum migration of the corresponding polymer in contact with the water. » ;
- in Part C. - Radioactivity (according to the Order of 12 May 2004):


1° The words: "(according to the order of May 12, 2004)" are deleted;
2° In the column "Settings to be searched (X) or not (/) in natural mineral water (EMN), source water (ES) or water made clean by treatment (ERPT)", on the line "Other radionuclides for the calculation of the total indicative dose (DTI) (2)", the word "total" and the letter "T" are deleted;
3° After the line "Global Beta Activity (2)", it is inserted a new line and two table footnotes:


Radon (3) (4)

x

/

/

(3) With regard to the terms and conditions of implementation, refer to the order made under theArticle R. 1321-15 of the Public Health Code for the measurement of radon as part of the water health control.
(4) To be searched for source water and water made clean by underground treatments.


4° In note (2), the words: "of May 12, 2004 establishing the conditions for the control of the radiological quality of water intended for human consumption" are deleted;
5° The table footnote F is supplemented as follows: "An analysis is only necessary when visual or analytical observations highlight a risk of cyanobacterior proliferation. »
In Table 2. - Content of the analyses to be performed on the water samples taken at the points where the water is conditioned, before or after welding, or at the point of drawing at the public bush:
1° In Part B. - Physico-chemical analysis and organic parameters, to the lines "Acrylamide" and "Epichlorhydrine" and in the column "Settings to be searched (X) or not (/) in natural mineral water (EMN), source water (ES) or water made clean by treatment (ERPT)", are inserted the words "(3)" inserted and bottom of the table are inserted The quality limit refers to the residual concentration of monomers in the water calculated according to the specifications of the maximum migration of the corresponding polymer in contact with the water. » ;
2° At reference F, the words: "in Cdt4" are deleted;
3° In Part C. - Radioactivity (according to the Order of May 12, 2004):
(a) The words: "(according to the order of May 12, 2004)" are deleted;
(b) In the column "Settings to be searched (X) or not (/) in natural mineral water (EMN), source water (ES) or water made clean by treatment (ERPT)", on the line "Other radionuclides for the calculation of the total indicative dose (DTI) (2)", the word "total" and the letter "T" are deleted;
(c) In note (2), the words: "of May 12, 2004 establishing the conditions for the control of the radiological quality of water intended for human consumption" are deleted.
V. - In Appendix II " Frequency of sampling of water and analysis samples", referred to in section 4:


- in Table 1. - Frequency of samples of water and analysis to the resource, referred to in section 4, in the column "Number of analyses to be carried out per year", in the first line, are inserted at the beginning the words "0.2 Ress0 analysis",
- in Table 2. - Frequency of sampling and samples of water and analysis on conditioned water, referred to in section 4 and Table 3. - Minimum frequency of samplings and samples of water and analysis on conditioned water and carried out in the context of health control, referred to in section 7, in the columns "Sampling points", the words: "By conditioning chain" are deleted and a footnote of the table is added: "If several packaging chains are powered by the same channel, the control of certain parameters can be carried out by the agency alone »

Article 5 Learn more about this article...


The Director General of Health is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

  • Annex


    Annex I
    DOSE INDICATIVE
    1. List of short-lived descendants of radon not taken into account in calculating the indicative dose


    Astate (At) 218.
    Bismuth (Bi) 214.
    Plomb (Pb) 214.
    Polonium (Po) 214.
    Polonium (Po) 218.
    Thallium (Tl) 210.


    2. Determination of indicative dose (DI)


    When the following formula is met, the DI is considered to be below the quality reference of 0.1 mSv/year.



    You can view the image in the facsimile of the


    JO n o 0293 du 18/12/2015, texte n o 30 où
    Ci (obs) = observed concentration of radionuclide i
    Ci (der) = derived concentration of radionuclide i referred to in table 1 of this annex
    n = number of radionuclides detected.


    Table 1.-Derived concentrations for radioactivity in human consumption waters (1)


    RADIONUCLÉIDE
    OFFICE

    Américium (Am) 241

    0.7 Bq/ L

    Carbon (C) 14

    240 Bq/ L

    Césium (Cs) 134

    7.2 Bq/L

    Césium (Cs) 137

    11 Bq/ L

    Cobalt (Co) 60

    40 Bq/L

    Iode (I) 131

    6.2 Bq/L

    Plomb (Pb) 210

    0.2 Bq/L

    Plutonium (Pu) 239 and 240

    0.6 Bq/L

    Polonium (Po) 210

    0.1 Bq/L

    Radium (Ra) 226

    0.5 Bq/L

    Radium (Ra) 228

    0.2 Bq/L

    Strontium (Sr) 90

    4.9 Bq/L

    Uranium (U) 234 (2)

    2.8 Bq/L

    Uranium (U) 238 (2)

    3.0 Bq/L

    (1) This table contains the most common natural and artificial radionuclides. These are specific values, calculated for a dose of 0.1 mSv and an annual ingestion of 730 litres, taking into account the dose coefficients taken under theArticle R. 1333-10 of the Public Health Code.
    (2) This table only takes into account the radiological properties of uranium and not its chemical toxicity.


Done on December 9, 2015.


For the Minister and by delegation:

The Director General of Health,

B. Vallet


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