LES ACTIVITÉS NUCLÉAIRES : RAYONNEMENTS IONISANTS ET RISQUES POUR LA SANTÉ ET L’ENVIRONNEMENT 2 – The legislative and regulatory framework for industrial, research and veterinary activities 2.1 The authorities regulating the sources of ionising radiation ASNR is the authority that grants the licences, issues the registration decisions and receives the notifications, depending on the regulatory regime applicable to the nuclear activity concerned. However, to simplify administrative procedures for licensees already licensed under another system, the Public Health Code makes specific provisions. This concerns more specifically: ∙The radioactive sources held, manufactured and/or used in installations licensed under the Mining Code (Article L. 162-1) or, for unsealed radioactive sources, those held, manufactured and/or used in Installations Classified for Protection of the Environment (ICPEs) which come under Articles L. 511‑1 to L. 517-2 of the Environment Code, those which benefit from an authorisation scheme. The Prefect is responsible for including, in the licences he delivers, radiation protection requirements for the nuclear activities carried out on the site. ∙The installations and activities relating to national defence, for which Defence Nuclear Safety Authority (ASND) is responsible for regulating the radiation protection aspects. ∙The installations authorised under the BNI legal system. ASNR regulates the radioactive sources and electrical devices emitting ionising radiation necessary for the operation of these installations under this system. Holding and using other sources within the bounds of the BNI remain subject to licensing pursuant to Article R. 1333‑118 of the Public Health Code. These provisions do not exempt the licensee from complying with the requirements of the Public Health Code, and in particular those relative to source acquisition and transfer; they do not apply to the distribution, importing and exporting of radioactive sources, which remain subject to ASNR licensing under the Public Health Code. Only the facilities possessing unsealed radioactive substances in quantities exceeding 1 tonne (t) or managing radioactive waste in quantities exceeding 10 cubic metres (m3) for either of the activities are subject to the system governing ICPEs (excluding the medical sector and particle accelerators). Any sealed radioactive sources also possessed or used by these establishments are regulated by ASNR under the Public Health Code. 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 “hat 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 ASNR and of the High Council for Public Health (HCSP), after analysis of the advantages and disadvantages. ASNR 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 Lafarge-Holcim group cement works, namely an accelerator rather than a sealed radioactive source. In 2025, ASNR issued favourable opinions, in April on the technical files and then in November on the draft exemption orders (ASNR opinions 2025-AV-015 and 2025-AV-014 of 4 November 2025), concerning the use of particle accelerators respectively in another cement plant of the Heidelberg Materials France Ciments group (e.g. Ciments Calcia) and in three cement plants of the EQIOM group. 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 2020 (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) for a period of five years, expired in 2025. Manufacturers have submitted renewal applications that are no different from those submitted in 2019. Under these conditions, the favourable opinion issued by ASN in 2019 on a draft order setting the duration of the waiver at ten years and providing for an update of the justification within five years has been maintained. A public consultation on the draft order extending the waiver for a further five years was held at the end of 2025. A waiver was moreover granted in 2019 to the Tunnel Euralpin LyonTurin 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 2014-AV-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. 238 ASNR Report on the state of nuclear safety and radiation protection in France in 2025
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