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Decree Of 27 November 2003 On The Organization Of The Ministry Of Defence For Exploitation Of Military Nuclear Systems And Basic Secret Nuclear Facilities In The Areas Of Nuclear Safety

Original Language Title: Arrêté du 27 novembre 2003 relatif à l'organisation du ministère de la défense pour l'exploitation des systèmes nucléaires militaires et des installations nucléaires de base secrètes dans les domaines de la sécurité nucléaire

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Text information

Summary

Repeal of the Order of 27-07-2001.

Keywords

DEFENSE , ENERGY , DEFENSE SECRET , NUCLEAR SAFETY , OPERATING , MILITARY NUCLEAR SYSTEM , SNM , NUCLEAR ENERGY , ATOMIC ENERGY , NUCLEOLAR INSTALLATION , SECRET BASE NUCLEAR INSTALLATION , INBS , NUCLEAR SORETE , RADIATION PROTECTION PROTECTION OF THE ENVIRONMENT , RESPONSIBILITY , ORGANIZATION , COMPETENT AUTHORITY , SELF-AUTHORSHIP , RESPONSIBLE AUTHORITY , IMPLEMENTING , TERRITORIAL MILITARY AUTHORITY , GUARDIANSHIP DEPARTMENT


JORF No. 18 of 22 January 2004 Page 1651
Text No. 12


ARRETE
Order of 27 November 2003 concerning the organization of the Ministry of Defence for the operation of military nuclear systems and secret basic nuclear facilities in the fields of Nuclear security

NOR: DEFD0302348A ELI: http://www.legifrance.gouv.fr/eli/arrete/2003/11/27/DEFD0302348A/jo/texte


The Minister of Defence,
Due to the Environmental Code;
In light of the amended Decree No. 70-878 of 29 September 1970 on the Office of the Atomic Energy Commissioner;
Decree No. 77-1133 of 21 September 1977, as amended for the purposes of Act No. 76-663 of 19 July 1976 on installations classified for the protection of the environment;
Having regard to Decree No. 94-1033 of 30 November 1994 concerning Conditions for the application of Law No 92-3 of 3 January 1992 on water to operations, works or activities relating to installations or enclosures under the Minister of Defence or subject to rules for the protection of the secrecy of defence National, as amended by Decree No. 95-540 dated 4 May 1995;
In the light of Decree No. 95-540 of 4 May 1995 on discharges of liquid and gaseous effluents and water withdrawals from basic nuclear installations;
Given Decree No. 2000-558 of 21 June 2000 on the territorial organisation of defence;
Having regard to Decree No. 2001-592 of 5 July 2001 on the safety and protection of nuclear installations and activities relevant to defence;
In view of the decree of 15 May 2000 Laying down the procedures for the exercise of administrative water policies and facilities classified for the protection of the environment within the bodies of the Minister for Defence,
Stop:

Item 1
Military nuclear systems, secret basic nuclear installations, and associated means of support are subject to nuclear safety rules that apply in design phases, Realization, use and decommissioning. These rules define the exercise of the responsibilities of the Minister of Defence as the operator of these systems and installations, as well as the transport of associated fuel elements.

Item 2 Read more about this Article ...


Operating responsibilities are assigned to the General Weapons Delegate, the Chief of the Navy Staff and the Chief of the Air Staff under the conditions set out in this document. Arrested, without prejudice to the powers of the General Delegation for Armaments and the Office of the Atomic Energy Commissioner for the specification and acceptance of systems and installations and for monitoring their quality.

Item 3 Learn more about this Article ...


The General Delegate for Armaments, the Chief of the Navy Staff and the Chief of the Air Staff, each as far as it is concerned, have an organization " Quality " Including, inter alia, a Internal control, including the person responsible, named " Nuclear safety measures inspector " reports directly to them.
Nuclear safety inspectors may be required to conduct joint inspections.

Article 4 More about this Article ...


These responsibilities are shared between:
-the summary authorities;
-the authorities responsible for implementation;
-territorial military authorities.

Item 5 Learn more about this Article ...


In each phase of life of a military nuclear system (SNM), a secret basic nuclear facility (INBS) and for the transport of associated fuel elements, the responsibility for synthesis is exercised By an authority known as " Synthesis Authority ".
The Synthesis Authority defines the overall organization principles to acquire and maintain the level of security defined by the Minister of Defence for the NPS, INBS, or Transportation Associated fuel elements. It shall submit to the delegate to nuclear safety and radiation protection the files necessary for obtaining the administrative authorisations required pursuant to the aforementioned decrees and shall participate in the definition of safety rules and Radiation protection. It organises the taking into account of the return of experience and the transfer of responsibilities between the authorities responsible for implementation. It shall coordinate, at central level, the actions to be taken in the fields of accident prevention, the conduct to be conducted in the event of such events and the radiological monitoring of the environment
Each SNM and each INBS and for the transport of associated fuel elements, the privileged interlocutor of the delegate to nuclear safety and radiation protection and representatives of the central government in the event of a crisis or accident
Synthesizing authorities consult on topics that require it.

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The synthetic authorities are:
-the General Delegate for Armaments, in the framework of the conduct of weapons programmes, for the stages of design, realization and dismantling of systems And the transport of associated fuel elements;
-the General Weapons Delegate for the use phase of the INBS of Cherbourg and for the transport of associated fuel elements;
-the Chief of the Navy Staff, for the use phase of SNM in service in the Navy and INBS located at Longue Island and in ports other than Cherbourg, as well as for the transportation of associated fuel elements;
-the Chief Of the Air Force Staff, for the use phase of the SNM in service in the air force, the INBS in the air bases and the special military centre of Valduc.

Article 7 Read more about this Article ...


The authority responsible for the implementation of an SNM, an INBS or a transport of associated fuel elements puts in place the necessary material and human resources. It shall apply the rules and requirements relating to nuclear safety and shall apply them by the subordinate authorities whose responsibilities are also exercised with regard to the nuclear system, installation or transport of elements Associated fuels.
When the implementation of nuclear facilities is contracted out to an outside operator, the implementing authority shall monitor the operator.

Article 8 Learn more about this Article ...


The Chief of the Naval Staff is the authority responsible for the implementation of naval NMIs from the end of the qualification operations preceding the first exit to the sea to the beginning of operations
It is responsible for the implementation of the INBS in Toulon, Brest and Longue Island.
It is responsible for the implementation of the transport of fuel elements of the Naval propulsion carried out within these sites.

Article 9 More about this Article ...


The Chief of the Air Staff is the authority responsible for the implementation of the NMS in service in the air force, the INBS in the air bases and the military special centre Valduc.

Item 10 Read more about this Article ...


The General Delegate for Armaments is the authority responsible for the implementation of naval SNM until the completion of the qualification operations which precede the first exit to the sea and from the beginning of the Operations leading to the definitive cessation of embedded nuclear heaters.
It is responsible for the implementation of the INBS of the port of Cherbourg and the transport of naval propulsion fuel elements carried out within this site, Without prejudice to the powers of the territorial military authority.

Article 11
Commanders of forces, bases and directors designated by the implementing authority shall ensure that the necessary material and human resources are in place for nuclear safety, As well as to the acquisition and maintenance of staff skills. Base Commanders may be assigned responsibility for site responsibilities as defined in the Order of May 15, 2000.

Item 12
The SNM commanders and the INBS or the fuel element transports take all the necessary steps to meet the requirements of nuclear safety. They shall without delay inform the authority responsible for implementation, the summarising authority and the territorial military authority in the event of an anomaly which has or may have an impact on nuclear safety.

Article 13 Read more about this Article ...


The Territorial Military Authority shall coordinate the actions taken by the officials referred to in Articles 11 and 12 and the competent services of the State in the fields of accident prevention or Incidents, the conduct to be kept in such cases, and the radiological monitoring of the environment.
In this context, it prescribes the necessary measures and verifies its application. It exercises in its own or may delegate to a subordinate authority the functions of a site manager within the meaning of the decree of 15 May 2000 referred to above.
The territorial military authority is, for NMIs and INBS located in its district or its Region, the interlocutor of the local government representatives on all matters relating to nuclear safety. As regards the air force, it may be represented by the Base Commander.

Article 14
The order of 27 July 2001 concerning the organisation of the Ministry of Defence for the operation of military nuclear systems and secret basic nuclear installations in the fields of Nuclear safety is repealed.

Item 15
The General Delegate for Armaments, the Chief of the Navy Staff and the Chief of the Air Staff shall each have responsibility for the execution of this Order, which shall be published in the Official Journal of the French Republic.


Done at Paris, November 27, 2003.


Michèle Alliot-Marie


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