Abstracts ASN Report 2019

ד ِ א ¨ȸȒƬƺɀɀǣȇǕ Ȓǔ ȸƺȵȒȸɎƺƳ ƬƏɀƺɀ Ň ŇĻĸ ĸŁķ łĹ łʼnĸŀĵĸŅ ӅӃӄӋё ņĸŇ ňŃ Ĵ ŃłŅŇĴĿ Ňł ĸŁĴĵĿĸ anyone wishing to notify it of irregularities potentially affecting the protection of persons and the environment (whistle-blower) to do so. By means of a system of pseudonyms for the notifications received, ASN guarantees the confidentiality of anyone sending it a notification. Only a request from a judicial authority could override this confidentiality, something which has not yet happened. It is however preferable for the person sending in the notification to leave their contact details so that ASN can: Ҋ acknowledge receipt of the notification; Ҋ contact them if clarification is required; Ҋ inform them if action has been taken following their notification. ņ ĴŇ ӆӄׇ ĸĶĸŀĵĸŅ ӅӃӄӌё ӉӅׇŁłŇļĹļĶĴŇļłŁņ ĻĴķ ĵĸĸŁ ņĸŁŇ Ňł ѓ half via the notification portal, the others by other means of ŇŅĴŁņŀļņņļłŁ ҎӄӆׇŁłŇļĹļĶĴŇļłŁņ ĵŌ ŀĴļĿё ӄӃׇĵŌ ķļŅĸĶŇ ĶłŁŇĴĶŇ with the geographically competent ASN division, etc.). The notifications received vary in terms of the field concerned, whether a BNI or small-scale nuclear facility, and in their content. Some are also forwarded by ASN to other administrations when it is not competent to deal with them. This could for example be the case of information concerning the security of a BNI, which is the responsibility of the High Defence and Security Official. Twelve notifications have been verified during the course of inspections. The follow-up measures are managed within the same framework as the routine inspections. łŅ ĸļĺĻŇ ŁłŇļĹļĶĴŇļłŁņё ŅĸĶłŁŇĴĶŇĸķ ŇĻĸ ĴňŇĻłŅņ łĹ ŇĻĸ notification in order to obtain clarification. łňŅŇĸĸŁ ŁłŇļĹļĶĴŇļłŁņ ŊĸŅĸ ŅĸĶĸļʼnĸķ ĴŁłŁŌŀłňņĿŌѓ ŇŊł łĹ them, even if their content was taken into account in the overall monitoring actions, did not lead to targeted actions, as they were too vague and their anonymous authors could not be contacted. In addition, ASN was unable to inform the authors of the anonymous notifications of the action taken. ׯ٫ ڲ Identifying and penalising deviations ASN implements enforcement measures, making it possible to oblige a licensee or party responsible for an activity to restore compliance with the regulations, along with penalties. ה ِ׏ IƏǣȸȇƺɀɀ ƏȇƳ ƬȒȇɀǣɀɎƺȇƬɵ ǣȇ Ɏǝƺ ƳƺƬǣɀǣȒȇɀ ȸƺǕƏȸƳǣȇǕ ƺȇǔȒȸƬƺȅƺȇɎ ƏȇƳ ɀƏȇƬɎǣȒȇ ȅƺƏɀɖȸƺɀ In certain situations in which the actions of the licensee or party responsible for a nuclear activity fail to comply with the regulations or legislation, or when it is important that appropriate action be taken by it to remedy the most serious risks without delay, ASN may resort to enforcement measures and impose the penalties provided for by law. The principles of ASN actions in this respect are: Ҋ actions that are impartial, justified and appropriate to the level of risk presented by the situation concerned. Their scale is proportionate to the health and environmental risks associated with the deviation identified and also take account of factors relating to the licensee (past history, behaviour, repeated nature), the context of the deviation and the nature of the requirements contravened (regulations, standards, “rules of good practice”, etc.); Ҋ administrative actions initiated on proposals from the inspectors and decided on by ASN in order to remedy risk situations and non-compliance with the legislative and regulatory requirements as observed during its inspections. ASN has a range of tools at its disposal regarding the party responsible for a nuclear activity or a licensee, more particularly: Ҋ the inspector’s observations; Ҋ the official letter from the ASN departments (inspection follow-up letter); Ҋ formal notice from ASN to regularise the administrative situation or meet certain conditions, within a given time-frame; Ҋ administrative penalties applied after formal notice. In addition to ASN’s administrative actions, reports can be drafted by the inspector and sent to the Public Prosecutor’s Office. ה ِ א ȇ ƏȵȵȸȒȵȸǣƏɎƺ ȵȒǼǣƬɵ Ȓǔ ƺȇǔȒȸƬƺȅƺȇɎ ƏȇƳ ɀƏȇƬɎǣȒȇɀ When ASN observes non-compliance with the legislative and regulatory provisions applicable to radiation protection (provisions of the Public Health Code and the Labour Code), enforcement measures or sanctions may be taken against the licensees or parties responsible for a nuclear activity, after an exchange of views –in accordance with the right of defence– and prior formal notice. In the event of failure to comply with the applicable provisions and requirements, the law (Environment Code and Public Health Code) makes provision for graduated enforcement measures and administrative sanctions: Ҋ deposit in the hands of a public accountant of a sum covering the total cost of the work to be performed; Ҋ have the work carried out without consulting the licensee or the party responsible for the nuclear activity and at its expense (any sums deposited beforehand can be used to pay for this work); Ҋ suspension of the operation of the facility or of the transport operation until conformity is restored, or suspension of the activity until complete performance of the conditions imposed and the adoption of interim measures at the expense of the person served formal notice, in particular in the event of urgent measures to protect human safety; Ҋ a daily fine (an amount set per day, to be paid by the licensee or the party responsible until full compliance with the requirements of the formal notice has been achieved); Ҋ administrative penalty. It should be noted that these last two measures are proportionate to the gravity of the infringements observed. The administrative fine falls within the competence of the ASN Sanctions Committee. TABLE 8 Number of infringement reports transmitted by the ASN inspectors between 2014 and 2019 2014 2015 2016 2017 2018 2019 Report excluding labour inspection in the nuclear power plants 15 14 7 13 14 8 Labour inspection report in the nuclear power plants 9 3 1 5 2 4 160 ASN Report on the state of nuclear safety and radiation protection in France in 2019 ׎ ٲ ב REGULATION OF NUCLEAR ACTIVITIES AND EXPOSURE TO IONISING RADIATION