ASN Report 2018

2 —  The stakeholders The organisation of the regulation and oversight of nuclear safety in France is compliant with the requirements of the Convention on Nuclear Safety, Article 7 of which requires that “Each Contracting Party shall establish and maintain a legislative and regulatory framework to govern the safety of nuclear installations.” and Article 8 of which requires that each Member State “shall establish or designate a regulatory body entrusted with the implementation of the legislative and regulatory framework referred to in Article 7, and provided with adequate authority, competence and financial and human resources to fulfil its assigned responsibilities.” and “… shall take the appropriate steps to ensure an effective separation between the functions of the regulatory body and those of any other body or organization concerned with the promotion or utilization of nuclear energy” . These provisions were confirmed by European Council Directive 2009/71/Euratom of 25 June 2009 concerning Nuclear Safety, the provisions of which were in turn reinforced by the amending Directive of 8 July 2014. In France, the regulation of nuclear safety and radiation protection is primarily the responsibility of three parties: Parliament, the Government and ASN. 2.1  ̶  Parliament Parliament’s principal role in the field of nuclear safety and radiation protection is to make laws. Two major acts were therefore passed in 2006: Act 2006-686 of 13 June 2006, on Transparency and Security in the Nuclear field (TSN Act) and Programme Act 2006-739 of 28 June 2006, on the sustainable management of radioactive materials and waste. In 2015, Parliament adopted Act 2015-992 of 17 August 2015 concerning Energy Transition for Green Growth (TECV Act), an entire section of which is devoted to nuclear matters (Title VI – “Reinforcing nuclear safety and information of the citizens”). This Act reinforces the framework which was created in 2006. Pursuant to the provisions of the Environment Code, ASN regularly reports on its activity to Parliament, notably to the OPECST (Parliamentary Office for the Evaluation of Scientific and Technological Choices) and to the parliamentary commissions concerned. The role of the OPECST is to inform Parliament of the consequences of the scientific or technological choices so that it can take informed decisions; to this end, the OPECST gathers information, implements study programmes and conducts evaluations. ASN regularly reports on its activities to the OPECST, particularly by submitting the annual Report on the State of Nuclear Safety and Radiation Protection in France to it each year. ASN also reports on its activities to the Parliamentary Commission of the National Assembly and the Senate, notably on the occasion of hearings held by the commissions responsible for the environment or economic affairs. The exchanges between ASN and elected officials are presented in more detail in chapter 5. 2.2  ̶  The Government The Government exercises regulatory powers. It is therefore in charge of laying down the general regulations concerning nuclear safety and radiation protection. The Environment Code also tasks it with taking major decisions concerning BNIs, for which it relies on proposals or opinions from ASN. The Government can also call on consultative bodies such as the High Committee for Transparency and Information on Nuclear Security (HCTISN). The Government is also responsible for civil protection in the event of an emergency. 2.2.1  –  Ministers responsible for Nuclear Safety and Radiation Protection On the advice of and, as applicable, further to proposals from ASN, the Minister responsible for Nuclear Safety defines the general regulations applicable to BNIs and those concerning the construction and use of Pressure Equipment (PE) specifically designed for these installations. Also on the advice of and, as applicable, further to proposals from ASN, this same Minister takes major licensing decisions concerning: ∙ ∙ the design, construction, operation and decommissioning of BNIs; ∙ ∙ the design, construction, operation, closure and decommissioning, as well as the surveillance, of radioactive waste disposal facilities. If an installation presents serious risks, the above-mentioned Minister can suspend the operation of an installation on the advice of ASN. Furthermore – and on the basis of ASN proposals if necessary – the Minister responsible for Radiation Protection defines the general regulations applicable to radiation protection. The regulation of worker radiation protection is the responsibility of the Minister for Labour. That concerning the radiation protection of patients is the responsibility of the Minister for Health. The Ministers responsible for Nuclear Safety and for Radiation Protection approve the ASN internal rules of procedure by means of an Interministerial Order. Each of them also approves ASN technical regulations and certain licensing decisions (setting BNI discharge limits, delicensing a BNI, etc.) affecting their own particular field. • The Nuclear Safety and Radiation Protection Mission The Nuclear Safety and Radiation Protection Mission, within the General Directorate for Risk Prevention at the Ministry for Ecological and Solidarity-Based Transition, is in particular tasked – in collaboration with ASN – with proposing Government policy on nuclear safety and radiation protection, except for defence-related activities and installations and the radiation protection of workers against ionising radiations. • Defence and Security High Official (HFDS) The purpose of nuclear security, in the strictest sense of the term (IAEA definition, less wide-ranging than that of Article L. 591-1 of the Environment Code) is to protect and monitor nuclear materials, their facilities and their transportation. It aims to ensure protection of the populations and environment against the consequences of malicious acts, in accordance with the provisions of the Defence Code. This responsibility lies with the Minister for Ecological and Solidarity-based Transition, with the support of the HFDS and more specifically its Nuclear Security Department. The HFDS thus acts as the nuclear security Authority, by drafting regulations, issuing authorisations and conducting inspections in this field, with the support of IRSN. Although the two regulatory systems and approaches are clearly different, the two fields, owing to the specificity of the nuclear field, are closely linked. ASN and the HFDS are therefore regularly in contact with each other. ASN report on the state of nuclear safety and radiation protection in France in 2018  113 02 – THE PRINCIPLES OF NUCLEAR SAFETY AND RADIATION PROTECTION AND THE REGULATION AND OVERSIGHT STAKEHOLDERS 02