New basic nuclear facilities: definition of construction works that may be undertaken once environmental permit has been issued

Decree No. 2023-1261 of 26 December 2023 defines the categories of operations relating to the construction of nuclear power reactors that may be undertaken once the environmental permit has been issued. This decree follows up on French law No. 2023-491 of 22 June 2023 on speeding up procedures for the construction of new nuclear facilities by shortening lead times for works to be carried out. The creation of a basic nuclear facility (installation nucléaire de base – INB) is subject to an authorisation to build (Article L593-7 of the Environmental Code).

The decree of 26 December makes the construction of foundations in buildings intended to house nuclear fuel or safeguard equipment conditional on obtaining the authorisation to build the INB. However other operations and works – such as operations prior to the construction of foundations for buildings intended to house nuclear fuel or other types of buildings – may be undertaken as soon as the environmental permit has been issued. The decree came into force on 27 December 2023.