The legislative and regulatory framework in 8 questions
What is the purpose and scope of Law No. 2019/012 of July 19, 2019, establishing the general framework for radiological and nuclear safety, nuclear security, civil liability, and the implementation of safeguards?
The 2019 law aims to regulate activities and practices related to the use of radioactive materials and devices emitting ionizing radiation. It applies to activities, practices, and facilities involving exposure to ionizing radiation.
What is the main mission of the Radiological Safety and Nuclear Security Authority, abbreviated as "ASRAN"?
The Authority, on behalf of the State, ensures control over radiological safety, nuclear security, and the implementation of safeguards. It also provides information and raises public awareness about radiological and nuclear risks.
What activities and practices are prohibited by the 2019 law?
The prohibited activities include the importation of radioactive waste, nuclear weapons, devices dispersing radioactive and nuclear materials, as well as their manufacture, possession, or activation; the addition of radioactive materials in the production of foodstuffs, cosmetics, and household products; the use of radioactive materials in the manufacture of toys; and the importation of used devices emitting ionizing radiation.
Quelles sont les responsabilités du titulaire d’autorisation ?
The 2019 law aims to regulate activities and practices related to the use of radioactive materials and devices emitting ionizing radiation. It applies to activities, practices, and facilities involving exposure to ionizing radiation.
What are the responsibilities of the authorization holder?
The prohibited activities include the importation of radioactive waste, nuclear weapons, devices dispersing radioactive and nuclear materials, as well as their manufacture, possession, or activation; the addition of radioactive materials in the production of foodstuffs, cosmetics, and household products; the use of radioactive materials in the manufacture of toys; and the importation of used devices emitting ionizing radiation.
What are the conditions for the use of X-ray devices?
No one may undertake any activity, practice, or construction of a facility referred to in Article 2 of the law unless they have obtained prior authorization issued by the authority responsible for regulation and regulatory control.
To use an X-ray device, one must have:
- a service opening authorization;
- an authorization to use the device
- approval for personnel professionally exposed to ionizing radiation;
- dosimetric monitoring of the personnel.
What risks does an operator face if they undertake an activity or practice without authorization?
Shall be punished with Imprisonment from five (5) to ten (10) years and a fine ranging from two million (2,000,000) to twenty million (20,000,000) CFA francs. Anyone who :
- continues the activity or practice in violation of a suspension or withdrawal of authorization
- - engages in any of the activities or practices referred to in Article 2 of the law without authorization;
Can the authorization holder be held responsible for acts committed by their employees?
The law strengthens the civil and criminal liability regime of the authorization holder for acts committed by themselves or by their employees .
Thus, the operator of any nuclear facility is responsible for any nuclear damage suffered anywhere, provided it is proven that the damage was caused by a nuclear accident occurring at that facility.
Regarding criminal liability, the authorization holder can be held criminally responsible for offenses committed in the course of the activity or practice for which they obtained the authorization.
They may also be held jointly liable, along with the perpetrators or accomplices of offenses committed during the authorized activity or practice, for the payment of fines and costs.
Par ailleurs , au regard de la sensibilité du domaine nucléaire, le régime des sanctions administratives et pénales a été réaménagé pour renforcer le caractère dissuasif des peines encourues.