1.1.2 The “Polluter-pays” principle The “Polluter pays” principle, contained in Article 110‑1 of the Environment Code, stipulates that the costs resulting from the measures to prevent, mitigate and combat pollution must be borne by the polluter. 1.1.3 The precautionary principle The precautionary principle, defined in Article 5 of the Environment Charter, states that “the absence of certainty, in the light of current scientific and technical knowledge, must not delay the adoption of effective and proportionate measures to prevent a risk of serious and irreversible damage to the environment”. Application of this principle results, for example, in the adoption of a linear, no-threshold dose-effect relationship where the biological effects of exposure to low doses of ionising radiation are concerned. This point is clarified in chapter 1 of this report. 1.1.4 The public participation principle This principle allows public participation in the decision-making process by the public authorities. Following on from the Aarhus Convention, Article 7 of the Environment Charter defines it in these terms: “Within the conditions and limits defined by law, all individuals are entitled to access environmental information in the possession of the public authorities and to participate in the taking of public decisions affecting the environment”. In the nuclear field, this principle notably leads to the organisation of national public debates, which are mandatory prior to the construction of a Nuclear Power Plant (NPP) for example, or now before certain plans and programmes subject to strategic environmental assessments, such as the National Radioactive Material and Waste Management Plan (PNGMDR). One should also mention the public inquiries, notably during examination of the files concerning the creation or decommissioning of nuclear installations, consultation of the public on draft resolutions with an impact on the environment, or the submission by a BNI licensee of its file concerning a modification to its installation liable to lead to a significant increase in water intake or discharges into the environment of the installation. 1.1.5 The justification principle The justification principle, defined in Article L. 1333-2 of the Public Health Code, states that: “A nuclear activity may only be undertaken or carried out if its individual or collective benefits, more specifically its health, social, economic or scientific benefits so justify, given the risks inherent in the human exposure to ionising radiation that it is likely to entail”. Assessment of the expected benefit of a nuclear activity and the corresponding drawbacks may lead to prohibition of an activity for which the benefit would not seem to outweigh the health risk. For existing activities, justification may be reassessed if the state of know-how and technology so warrants. 1.1.6 The optimisation principle The optimisation principle, defined by Article L. 1333-2 of the Public Health Code, states that: “The level of exposure of persons to ionising radiation […], the probability of occurrence of this exposure and the number of persons exposed must be kept as low as is reasonably achievable, given the current state of technical knowledge, economic and social factors and, as necessary, the medical goal in question”. Responsibility of licensees and responsibility of ASN The French Nuclear Safety Authority (ASN) The leading licensees (EDF, CEA, Andra, Orano) and the other licensees or users of ionising radiation Defines the general safety and radiation protection objectives Propose procedures for achieving the objectives Implement the approved provisions Reviews whether these procedures are capable of achieving these objectives Supervise the implementation of these provisions The fundamental safety principles The IAEA defines the following ten principles in its “Fundamental principles of safety” publication, IAEA Safety Standards Series – No. SF-1: 1. Responsibility for safety must rest with the person or organisation responsible for facilities and activities that give rise to radiation risks. 2. An effective legal and governmental framework for safety, including an independent regulatory body, must be established and sustained. 3. Effective leadership and management of safety must be established and maintained in organisations concerned with radiological risks, and in facilities and activities that give rise to such risks. 4. Facilities and activities that give rise to radiation risks must yield an overall benefit. 5. Protection must be optimised to provide the highest level of safety that can reasonably be achieved. 6. Measures for controlling radiation risks must ensure that no individual bears an unacceptable risk of harm. 7. People and the environment, both present and future, must be protected against radiation risks. 8. All practical efforts must be made to prevent and mitigate nuclear or radiation accidents. 9. Arrangements must be made for emergency preparedness and response for nuclear or radiation incidents. 10. Protective actions to reduce existing or unregulated radiation risks must be justified and optimised. 124 ASN Report on the state of nuclear safety and radiation protection in France in 2024 The principles of nuclear safety and radiation protection and the regulation and oversight stakeholders
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