LES ACTIVITÉS NUCLÉAIRES : RAYONNEMENTS IONISANTS ET RISQUES POUR LA SANTÉ ET L’ENVIRONNEMENT 3.1.1 – The principle of licensee responsibility This principle, defined in Article 9 of the Convention on Nuclear Safety, is the first of IAEA’s fundamental safety principles. It stipulates that responsibility for the safety of nuclear activities entailing risks lies with those who undertake or perform them. It applies directly to all nuclear activities. 3.1.2 – The “Polluter-pays” principle The “Polluter-pays” principle, contained in Article 110‑1 of the Environment Code, states that the costs resulting from the measures to prevent, mitigate and combat pollution must be borne by the polluter. 3.1.3 – 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 (see point 1.3.2). 3.1.4 – 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 an 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 applications 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. 3.1.5 – 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. Responsibility of licensees and ASNR’s oversight role ASNR 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 these objectives Implement the approved provisions Reviews that these procedures enable these objectives to be achieved Oversees the implementation of these provisions HIGHLIGHT No. 2 The fundamental safety principles The International Atomic Energy Agency (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 radio- logical risks must be justified and optimised. ASNR Report on the state of nuclear safety and radiation protection in France in 2025 115 01 05 09 02 06 10 03 07 11 13 04 08 12 A / Z
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