National news Acts and Ordinances • Act 2024-450 of 21 May 2024, relative to the organisation of nuclear safety and radiation protection governance, in order to address the challenges of the nuclear industry’s renewal This Act follows on from the President of the Republic’s speech in Belfort on 10 February 2022, which underlined the need to move away from fossil fuels by reducing energy consumption and through a large-scale acceleration in the production of decarbonised energy, electrical energy in particular: renewable energies, which were the subject of a specific Act (Act 2023175 of 10 March 2023), and nuclear energy, notably with the construction of six new Pressurised Water Reactors (Evolutionary Power Reactor – EPR) by 2035. The adoption on 22 June 2023 of Act 2023491 accelerating administrative procedures will simplify and speed up the implementation of new nuclear power reactor construction projects in France, in close proximity to existing nuclear sites (construction of the future EPR 2 reactors on the Penly, Gravelines and Bugey sites). In the light of the above-mentioned challenges, which will exert significant pressure on the competent public authorities, and in order to maintain excellence in the oversight of nuclear safety and radiation protection in the future, the Government wished to conduct a reorganisation of the governance of nuclear safety and radiation protection, in order to respond to the unprecedented nuclear sector renewal process, both in terms of safety levels and the pace of the work to be done. This change, as set out by Act 2024-450 is based on the creation of an independent civil nuclear and radiation protection Authority: the French Authority for Nuclear Safety and Radiation Protection (ASNR), combining the activities of the Nuclear Safety Authority (ASN) and the Institute for Radiation Protection and Nuclear Safety (IRSN), with the status of an independent administrative Authority. ASNR will house all the activities contributing to the creation of efficient oversight and robust decision-making, which are split between ASN and IRSN: internationally reputed research, general and specialist expertise, inspection of installations and extensive knowledge of the field, contribution to drafting of regulations, enforcement and sanctions powers, management of emergency situations, environmental monitoring and information of the public. Furthermore, as in the previous system, ASNR will be able to call on Advisory Committees of Experts for an exchange of viewpoints. Certain provisions of the Act require implementing Decrees and the adoption of the ASNR’s internal rules of procedure, either currently under preparation or already published. • Constitutional Act 2024-448 of 21 May 2024, modifying Constitutional Act 2010-837 of 23 July 2010 relative to application of the fifth section of Article 13 of the Constitution This Act draws the consequences of the ASN and IRSN merger, with the status of an Independent Administrative Authority (AAI) and defines the procedures for appointing the ASNR Chairman, following on from the existing procedures for appointing the ASN Chairman and the IRSN General Director. It also states that this appointment is made by the President of the Republic in the conditions set out in the fifth section of Article 13 of the Constitution, that is “further to the public opinion of the competent standing committee of each Assembly”. Constitutional Act 2024-448 thus modifies the table appended to Constitutional Act 2010-837 of 23 July 2010 relative to application of the fifth section of Article 13 of the Constitution, on the one hand to supplement the reference to the Chairmanship of the Nuclear Safety Authority, which becomes the Authority for Nuclear Safety and Radiation Protection, and on the other, to delete the reference to the general directorate of the Institute for Radiation Protection and Nuclear Safety. Decrees and Orders • Decree 2023-1261 of 26 December 2023 specifying the categories of operations linked to the construction of nuclear power reactors, which could be initiated as of issue of the environmental authorisation This Decree, issued in application of the provisions of III of Article 11 of Act 2023491 of 22 June 2023 relative to the acceleration of the procedures related to the construction of new nuclear installations in close proximity to existing nuclear sites, and to the working of the existing installations, specifies the operations linked to the construction of a nuclear power reactor from among those which can only be performed following issue of the creation authorisation and those which can be initiated as of the date of issue of the environmental authorisation. • Decree 2024-296 of 29 March 2024 defining the notion of immediate proximity with respect to the measures to accelerate procedures linked to the construction of new nuclear installations in close proximity to existing nuclear sites and containing various procedural adaptations This Decree defines the notion of immediate proximity, which appears in Article 7 of Act 2023-491 of 22 June 2023 relative to the acceleration of the procedures linked to the construction of new nuclear installations in close proximity to existing nuclear sites and to the working of the existing installations, and specifies the framework for modifications to the environmental authorisation following issue of the nuclear power reactor creation authorisation pursuant to the provisions of Article 11 of the same Act. • Decree 2024-758 of 6 July 2024 relative to the assistance bonus for civil servants further to the creation of the Authority for Nuclear Safety and Radiation Protection This Decree creates an assistance bonus further to the creation of the Authority for Nuclear Safety and Radiation Protection, for the civil servants actively working at or delegated to Nuclear Safety Authority as at 1 November 2024. It specifies the conditions and procedures regarding payment. Regulatory News ABSTRACTS – ASN Report on the state of nuclear safety and radiation protection in France in 2024 33
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