Nuclear materials are subject to specific regulations provided for in Article L. 1333-1 et seq. of the Defence Code. Application of these regulations is overseen by the Minister of Defence for nuclear materials intended for defence needs, and by the Minister in charge of energy for nuclear materials intended for any other use. 2.2 Unjustified or prohibited activities 2.2.1 Application of the ban on the intentional addition of radionuclides in consumer goods and construction products The Public Health Code states “that any addition of radionuclides […] to consumer goods and construction products is prohibited” (Article R. 1333-2). Thus, the trading of accessories containing sources of tritium such as watches, key-rings, hunting equipment (sighting devices), navigation equipment (bearing compasses) or river fishing equipment (strike detectors) is specifically prohibited. Article R. 1333-4 of this same Code provides that waivers to these prohibitions can, if they are justified by the advantages they bring, be granted by Order of the Minister responsible for health and, depending on the case, by the Minister responsible for consumer goods or the Minister responsible for construction, after obtaining the opinion of ASN and of the High Council for Public Health (HCSP). ASN considers that granting waivers to the regulations must remain very limited. This waiver to the regulations was implemented for the first time in 2011 for a waiver request concerning the use of a neutron analysis device in several cement works of the Lafarge‑Holcim group, a waiver that has since been renewed. In 2022, a waiver on neutron analysis was also granted for one of the cement works of the Ciments Calcia group. This neutron analysis device is based on a different technology to that used in the LafargeHolcim group cement works, namely an accelerator rather than a sealed radioactive source. In 2023, ASN was asked to give its opinion on the waiver requests concerning another cement works of the Ciments Calcia group and three cement works of the Eqiom group. These requests are related to the use of a particle accelerator, are currently under review and were the subject of additional information requests in 2024. It was also applied in 2014 for light bulbs containing very small quantities of radioactive substances (krypton-85 or thorium-232), serving mainly for applications requiring very high intensity lighting such as public places, work places, or for certain vehicles (Order of 12 December 2014 of the Ministers responsible for health and construction, ASN opinion 2014-AV-0211 of 18 September 2014). The waiver was renewed in 2019 (Order of 25 May 2020 of the Ministers responsible for ecological and solidarity-based transition, for solidarity, health, and the economy and finance (ASN opinion 2019-AV-0340 of 26 September 2019). A waiver was moreover granted in 2019 to the Tunnel Euralpin Lyon-Turin for the use of neutron analysis devices (Order of the Ministers responsible for health and the energy transition of 19 August 2019, ASN opinion 2019-AV-0326 of 21 May 2019). Conversely, a waiver request to allow the addition of radionuclides (tritium) in some watches was denied (Order of 12 December 2014, ASN opinion 2014AV-0210 of 18 September 2014). The list of consumer goods and construction products concerned by an ongoing waiver request or for which a waiver has been granted is published on the website of the French High Committee for Transparency and Information on Nuclear Safety (HCTISN). 2.2.2 Application of the principle of justification for existing activities The justification of existing activities must be re-assessed periodically in the light of current knowledge and technological changes in accordance with the principle described in point 2.4.1. If the activities are no longer justified by the benefits they bring, or with respect to other non-ionising technologies that bring comparable benefits, they must be withdrawn from the market. A transient period for definitive withdrawal from the market may be necessary, depending on the technical and economic context, particularly when a technological substitution is necessary. Smoke detectors containing radioactive sources Devices containing radioactive sources were used for several decades to detect smoke in buildings as part of the fire- fighting policy. Several types of radionuclides have been used (americium-241, plutonium-238 and radium-226). The activity of the most recent sources used does not exceed 37 kBq, and the structure of the detector, in normal use, prevents any release of radioactive substances into the environment. New non-ionising technologies have gradually been developed for this type of detection. Optical devices now provide comparable detection quality, and can therefore satisfy the regulatory and normative fire detection requirements. ASN therefore considers that smoke detection devices using radioactive sources are no longer justified and that ionic smoke detectors must be replaced. The regulatory framework governing their withdrawal was put in place by the Order of 18 November 2011 and the two ASN resolutions 2011-DC-0252 and 2011DC-0253 of 21 December 2011. This regulatory framework aimed at: ∙planning the removal of some 7 million Ionisation Chamber Smoke Detectors (ICSDs) from approximately 300,000 sites over ten years; ∙supervising the maintenance or removal operations, which necessitate certain precautions with regard to worker radiation protection; ∙preventing any uncontrolled removals and organising the collection operations in order to avoid detectors being directed to an inappropriate disposal route, or even simply being abandoned; ∙monitoring the pool of detectors. In this context, as at 31 December 2024, ASN had issued 415 acknowledgements of notification and 7 national licenses (issued to industrial groups with a total of 74 agencies) for ICSD removal activities. Among these companies, four are authorised to perform ICSD decommissioning operations, thereby guaranteeing a disposal route for the existing detectors In order to keep track of the pool of ICSDs, the French Institute for Radiation Protection and Nuclear Safety (IRSN) set up in 2015, in collaboration with ASN, a computerised system enabling the professionals working in this sector (maintenance technicians, installers and removal companies) to file annual activity reports on line. The transmitted information is nevertheless not exhaustive enough to establish a reliable assessment. Although the removal operations have progressed over the last few years, not all the ICSDs have been removed by the deadline set in the Order of 18 November 2011, that is to say 5 December 2021. It is estimated that nearly one million ICSDs are still installed It is considered that nearly 600,000 detectors have been removed since 2021. Faced with this situation, ASN has been discussing with the professionals on continuing regulating the possession of such detectors and their removal and dismantling operations in order to complete the transition of all the fire detection devices to the optical technology, while at the same time allowing for safe disposal of the removed ICSDs and the radio- active sources they contain. ASN has also continued discussions with other actors concerned by the removal of these devices, notably the Ministry of Energy Transition (MTE), in order to study the various possible regulatory options These reflections have not resulted in new regulatory provisions, but this does not call into question the removal and dismantling operations governed by the notifications, registrations or licenses issued by ASN, which enables the removal of the ionic detectors to continue, which remains the desired aim. ASN Report on the state of nuclear safety and radiation protection in France in 2024 255 11 12 13 14 15 AP 10 09 Sources of ionising radiation and their industrial, veterinary and research applications 08 01 02 03 04 05 06 07
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