Abstracts ASN Report 2019

׫٫ ڲ The stakeholders Ļĸ łŅĺĴŁļņĴŇļłŁ łĹ ŇĻĸ łʼnĸŅņļĺĻŇ łĹ ŁňĶĿĸĴŅ ņĴĹĸŇŌ ļŁ ŅĴŁĶĸ ļņ compliant with the requirements of the Convention on Nuclear ĴĹĸŇŌё ŅŇļĶĿĸ ӊׇłĹ ŊĻļĶĻ ŅĸńňļŅĸņ ŇĻĴŇ Ѣ Each Contracting Party shall establish and maintain a legislative and regulatory framework to govern the safety of nuclear installations. ѣ ĴŁķ ŅŇļĶĿĸ ӋׇłĹ ŊĻļĶĻ requires that each Contracting Party “ 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 ŊĸŅĸ ĶłŁĹļŅŀĸķ ĵŌ ňŅłŃĸĴŁ łňŁĶļĿ ļŅĸĶŇļʼnĸ ӅӃӃӌѼӊӄѼ ňŅĴŇłŀ łĹ Ӆӈׇ ňŁĸ ӅӃӃӌׇĶłŁĶĸŅŁļŁĺ ňĶĿĸĴŅ ĴĹĸŇŌё ŇĻĸ ŃŅłʼnļņļłŁņ łĹ ŊĻļĶĻ ŊĸŅĸ ļŁ ŇňŅŁ ŅĸļŁĹłŅĶĸķ ĵŌ ŇĻĸ ĴŀĸŁķļŁĺ ļŅĸĶŇļʼnĸ łĹ Ӌׇ ňĿŌ ӅӃӄӇє Ł ŅĴŁĶĸё ŇĻĸ ŅĸĺňĿĴŇļłŁ łĹ ŁňĶĿĸĴŅ ņĴĹĸŇŌ ĴŁķ ŅĴķļĴŇļłŁ ŃŅłŇĸĶŇļłŁ is primarily the responsibility of three parties: Parliament, the Government and ASN. א ِ׏ ¨ƏȸǼǣƏȅƺȇɎ Parliament’s principal role in the field of nuclear safety and radiation protection is to make laws. Two major acts were ŇĻĸŅĸĹłŅĸ ŃĴņņĸķ ļŁ ӅӃӃӉѓ ĶŇ ӅӃӃӉіӉӋӉׇłĹ ӄӆׇ ňŁĸ ӅӃӃӉё łŁ Transparency and Security in the Nuclear field (TSN Act) and ŅłĺŅĴŀŀĸ ĶŇ ӅӃӃӉіӊӆӌׇłĹ ӅӋׇ ňŁĸ ӅӃӃӉё łŁ ŇĻĸ ņňņŇĴļŁĴĵĿĸ management of radioactive materials and waste. Ł ӅӃӄӈё ĴŅĿļĴŀĸŁŇ ĴķłŃŇĸķ ĶŇ ӅӃӄӈіӌӌӅׇłĹ ӄӊׇ ňĺňņŇ ӅӃӄӈׇĶłŁĶĸŅŁļŁĺ ŁĸŅĺŌ ŅĴŁņļŇļłŁ ĹłŅ ŅĸĸŁ ŅłŊŇĻ Ҏ ĶŇҏё ĴŁ ĸŁŇļŅĸ ņĸĶŇļłŁ łĹ ŊĻļĶĻ ļņ ķĸʼnłŇĸķ Ňł ŁňĶĿĸĴŅ ŀĴŇŇĸŅņ Ҏ ļŇĿĸׇ ҂Ѣ ĸļŁĹłŅĶļŁĺ ňĶĿĸĴŅ ĴĹĸŇŌ ĴŁķ ŁĹłŅŀĴŇļłŁ łĹ ŇĻĸ ļŇļōĸŁņѣҏє 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 Parliamentary Office for the Evaluation of Scientific and Technological Choices (OPECST) 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. א ِ א Áǝƺ JȒɮƺȸȇȅƺȇɎ 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. א ِ א ِ׏ xǣȇǣɀɎƺȸɀ ȸƺɀȵȒȇɀǣƫǼƺ ǔȒȸ ȇɖƬǼƺƏȸ ɀƏǔƺɎɵ ƏȇƳ ȸƏƳǣƏɎǣȒȇ ȵȸȒɎƺƬɎǣȒȇ 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: Ҋ the design, construction, operation and decommissioning of BNIs; Ҋ the design, construction, operation, closure and decommission- ing, 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. ňŅŇĻĸŅŀłŅĸ ҂ĴŁķ łŁ ŇĻĸ ĵĴņļņ łĹ ŃŅłŃłņĴĿņ ļĹ ŁĸĶĸņņĴŅŌ҂ 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. • Áǝƺ zɖƬǼƺƏȸ ³ƏǔƺɎɵ ƏȇƳ «ƏƳǣƏɎǣȒȇ ¨ȸȒɎƺƬɎǣȒȇ xǣɀɀǣȒȇ The Nuclear Safety and Radiation Protection Mission (MSNR), 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. • (ƺǔƺȇƬƺ ƏȇƳ ³ƺƬɖȸǣɎɵ RǣǕǝ…ǔǔǣƬǣƏǼ ٢RI(³٣ The purpose of nuclear security, in the strictest sense of the term Ҏ ķĸĹļŁļŇļłŁё Ŀĸņņ ŊļķĸіŅĴŁĺļŁĺ ŇĻĴŁ ŇĻĴŇ łĹ ŅŇļĶĿĸׇ єׇӈӌӄіӄ 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 Defence and ĸĶňŅļŇŌ ļĺĻ ĹĹļĶļĴĿ Ҏ ҏ ĴŁķ ŀłŅĸ ņŃĸĶļĹļĶĴĿĿŌ ļŇņ ňĶĿĸĴŅ ĸĶňŅļŇŌ ĸŃĴŅŇŀĸŁŇє Ļĸ ŇĻňņ ĴĶŇņ Ĵņ ŇĻĸ ŁňĶĿĸĴŅ ņĸĶňŅļŇŌ 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 ĹļĸĿķё ĴŅĸ ĶĿłņĸĿŌ ĿļŁľĸķє ĴŁķ ŇĻĸ ĴŅĸ ŇĻĸŅĸĹłŅĸ ŅĸĺňĿĴŅĿŌ in contact with each other to discuss these matters. ASN Report on the state of nuclear safety and radiation protection in France in 2019 121 ׎ ٲ א THE PRINCIPLES OF NUCLEAR SAFETY AND RADIATION PROTECTION AND THE REGULATION AND OVERSIGHT STAKEHOLDERS 02