I.-The person responsible for a nuclear activity shall demonstrate that his activity complies with the principle of justification set out in 1° of Article L. 1333-2 , taking into account :
1° The protection of the interests mentioned in Article L. 1333-7 ;
2° The effectiveness or potential consequences of the nuclear activity, process, device or substance, as well as its effectiveness in relation to the information available concerning other techniques, in particular less or non-irradiating techniques;
3° In the case of medical devices emitting ionising radiation, the information established in application of the second paragraph of Article L. 1333-25.
These elements of justification are recorded in writing by the person responsible for the nuclear activity and communicated to the competent authority at its request. If the activity is subject to authorisation, they are sent with the authorisation application.
II – An order by the ministers responsible for radiation protection and nuclear safety sets a list of categories of nuclear activity for which justification is considered to be established. This list is updated in the event of significant changes in knowledge or available techniques. The nuclear installations and activities relevant to defence mentioned in L. 1333-15 of the Defence Code are not included on this list.
By way of derogation from I, when a nuclear activity falls within a category included on this list, the person responsible for the activity establishes that this activity meets the criteria for inclusion in this category.
III – The elements of justification mentioned in I are updated by the person responsible for the nuclear activity every five years and in the event of significant changes in knowledge or available techniques.
The competent authority may request that this update be sent to the person responsible for the nuclear activity.
IV -When a nuclear activity is no longer justified, the competent authority may, in accordance with the conditions laid down by the administrative system governing the activity, prescribe ways in which the activity may be carried out in order to re-establish its justification or, failing this, order the permanent cessation of the activity.