Section 2: Administrative schemes

I.- Nuclear activities likely to result in low-level exposure to ionising radiation, and which meet the characteristics laid down by regulation, are exempt from the declaration, registration or authorisation requirements laid down in article L. 1333-8.

II - Nuclear activities carried out in a basic nuclear installation covered by the regime provided for in article L. 593-1 of the Environment Code are not subject to the provisions of article L. 1333-8.

However, unless otherwise provided, these nuclear activities are subject to the general regulations applicable to nuclear activities for the protection of the interests mentioned in article L. 1333-7.

Regulatory or individual acts taken in application of the basic nuclear installations regime shall ensure that the obligations laid down in this chapter are taken into account. They take account of the authorisation issued under article L. 1333-2 of the Defence Code, when the nuclear activity benefits from protection measures and resources taken in application of Section 1 of Chapter III of Title III of Book III of Part One of the Defence Code, in which case the control of these measures and resources is not covered by this chapter.

However, the regulatory and individual acts mentioned above do not concern protection against malicious acts:

1° In premises placed under the authority of the Minister of Defence ;

2° In certain establishments, installations or works covered by article L. 1332-1 of the Defence Code, as determined by regulation;

3° For sources of ionising radiation that are also nuclear materials subject to authorisation pursuant to article L. 1333-2 of the Defence Code.

In cases covered by 2° and 3° that are not also covered by 1°, obligations in terms of protection against malicious acts are taken into account by the authorisation system provided for in L. 1333-2 of the Defence Code.

III - Nuclear activities defined in the nomenclature provided for in article L. 511-2 of the Environment Code or which themselves come under the application of Article L. 162-1 of the Mining Code are not subject to the provisions of Article L. 1333-8.

These nuclear activities are, however, subject, unless otherwise stipulated, to the general regulations applicable to nuclear activities for the protection of the interests mentioned in article L. 1333-7.

The regulatory or individual acts taken in application of the regimes mentioned in the first paragraph of this III ensure that the obligations laid down by this chapter are taken into account, with the exception of those relating to protection against malicious acts.

With regard to protection against malicious acts, some of these nuclear activities are subject to an authorisation issued by the Nuclear Safety Authority under the conditions laid down in Article L. 1333-8. This authorisation takes account of the authorisation issued under article L. 1333-2 of the Defence Code, when the nuclear activity benefits from protection measures and resources taken in application of Section 1 of Chapter III of Title III of Book III of Part One of the Defence Code, in which case the control of these measures and resources is not covered by this chapter.

However, the preceding paragraph does not apply:

1° In premises placed under the authority of the Minister of Defence ;

2° In certain establishments, installations or works covered by Article L. 1332-1 of the Defence Code, as defined by regulation;

3° For sources of ionising radiation which are also nuclear materials subject to authorisation pursuant to article L. 1333-2 of the Defence Code.

In cases 2° and 3° not also covered by 1°, obligations in terms of protection against malicious acts are taken into account by the authorisation system provided for in L. 1333-2 of the Defence Code.

IV - Nuclear activities carried out in the defence-related nuclear facilities and activities referred to in article L. 1333-15 of the Defence Code are not subject to the provisions of article L. 1333-8.

These nuclear activities may be subject to special regulatory provisions adapting the general regulations applicable to nuclear activities for the protection of the interests mentioned in article L. 1333-7.

The regulatory or individual acts adopted in application of the regimes applicable to these installations and activities ensure that the obligations laid down in this chapter are taken into account.

V.-The authorisation referred to in article L. 1333-8 takes account of the authorisation issued under article L. 1333-2 of the Defence Code, when the nuclear activity benefits from protective means and measures taken in application of Section 1 of Chapter III of Title III of Book III of Part One of the Defence Code, in which case the control of these means and measures is not covered by this chapter.

VI-The regime referred to in Article L. 1333-8 does not apply to obligations in terms of protection against malicious acts in the following cases:

1° In rights of way and for the transport of radioactive substances placed under the authority of the Minister of Defence to or from these rights of way ;

2° In certain establishments, installations or works covered by article L. 1332-1 of the Defence Code, as defined by regulation;

3° For ionising radiation sources that are also nuclear materials subject to authorisation under article L. 1333-2 of the Defence Code;

4° For the transport of radioactive substances subject to the regime defined in article L. 1333-2 of the Defence Code.

These nuclear activities may be subject to specific regulatory provisions adapting the general regulations applicable to nuclear activities in terms of protection against malicious acts.

In cases 2°, 3° and 4° not also covered by 1°, the obligations regarding protection against malicious acts are taken into account by the authorisation system provided for in L. 1333-2 of the Defence Code.

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