French Public Health Code
In forceI.- Subject to the provisions of article L. 1333-9, nuclear activities are subject to an authorisation, registration or declaration regime depending on the characteristics and conditions of implementation of these activities, due to the risks or inconveniences they may present for the interests mentioned in article L. 1333-7 and the adequacy of the regulatory control regime with the protection of these interests.
Nuclear activities that present serious risks or inconveniences for the interests mentioned in article L. 1333-7 are subject to authorisation. The application for authorisation is accompanied by a file demonstrating the protection of the interests mentioned in Article L. 1333-7.
Nuclear activities that present serious risks or inconveniences for the interests mentioned in Article L. 1333-7 are subject to simplified authorisation, under the name of registration, when these risks and inconveniences can, in principle, given the characteristics of these activities and the conditions of their implementation, be prevented by compliance with general requirements. The application for registration is accompanied by a file enabling the Nuclear Safety Authority to assess whether the activity complies with these general requirements.
Nuclear activities that present moderate risks or inconveniences for the interests mentioned in Article L. 1333-7 are subject to declaration, as are nuclear activities that are subject to general requirements after generic examination of their implementation conditions by the Nuclear Safety Authority.
II - The Nuclear Safety Authority receives declarations, registers them and grants authorisations.
The declarant or the holder of a registration or authorisation is the person responsible for the nuclear activity.
The Nuclear Safety Authority shall ensure that the means and measures provided by the person responsible for the nuclear activity enable compliance with the obligations incumbent upon him under this chapter and Chapter I of Title V of Book IV of Part Four of the Labour Code, where appropriate after issuing prescriptions as provided for in III. Failing this, it will oppose registration or refuse authorisation.
III - In order to ensure the protection of the interests mentioned in Article L. 1333-7, the Nuclear Safety Authority may, at the time of the declaration, registration, issue of the authorisation or subsequently, lay down specific requirements to supplement or reinforce the general requirements applicable to the activity, or make adjustments to them, taking into account the particular situation.
IV - The Nuclear Safety Authority may decide that an activity subject to registration is subject to authorisation, if this is justified by its particular characteristics or those of its environment. In this case, the authority will notify the person responsible for the activity of its reasoned decision, inviting them to submit an application for authorisation if this decision is taken during the examination of an application for registration.
V.-Authorisations or registrations may be issued for a limited period, in which case they may be renewed. The duration of the authorisation or registration is adapted to the risks or inconveniences that the nuclear activity presents for the interests mentioned in Article L. 1333-7.
When applying for renewal, or at the request of the Nuclear Safety Authority, the person responsible for the nuclear activity shall carry out an updated assessment of the justification for its activity, the risks or inconveniences it presents for the interests mentioned in Article L. 1333-7, and the improvements it proposes for the protection of these interests. Renewal of the authorisation is granted on the basis of these elements.
VI - A new declaration, registration or authorisation is required in the event of a change in the person responsible for the nuclear activity, or in the event of a substantial change in the conditions that led to the declaration, registration or authorisation.
VII - The person responsible for the nuclear activity informs the Nuclear Safety Authority of the permanent cessation of a nuclear activity subject to declaration, registration or authorisation.
