Abstracts ASN Report 2019

2019 was marked by considerable activity in terms of standards. xȒȸƺ ɀȵƺƬǣǔǣƬƏǼǼɵً (ƺƬȸƺƺ אڙ ׎׏ ٮח ׏ ח ׎ Ȓǔ ׏ ג xƏȸƬǝ א ׎׏ ח ȵɖƫǼǣɀǝƺƳ ǣȇ Ɏǝƺ Journal Officiel ( Official Gazette ) of 16 March 2019, codifies the provisions applicable to Basic Nuclear Installations (BNIs), the transport of radioactive substances and transparency in the nuclear field. This Decree led to a wide-ranging consultation with the stakeholders and the public between September 2017 and January 2018. The High Council for the Prevention of Technological Risks (CSPRT) and then ASN issued their opinions on 13 March and 21 June 2018 respectively. It entered into force on 1 April 2019. In addition, a number of Orders and ASN resolutions resulting from the Decrees (1) transposing Council Directive 2013/59/Euratom of 5 December 2013 laying down Basic Standards for the protection of health against the dangers arising from exposure to ionising radiation were published in 2019. Finally, international news was marked by the revision of the regulation for the transport of radioactive materials from the International Atomic Energy Agency (IAEA). 1. Decree 2018-434 of 4 June 2018 introducing various nuclear provisions and Decree 2018-437 of 4 June 2018 concerning the protection of workers against hazards arising from ionising radiation. ׏ِ ڗ zƏɎǣȒȇƏǼ ȇƺɯɀ ׏ِ׏ ƬɎɀ • Act 2019-773 of 24 July 2019 creating the French Office for Biodiversity and Hunting, modifying the duties of the hunting federations and reinforcing environmental policing Articles 4, 6 and 22 of this Act modify the provisions of the “common core of the environmental policies” (resulting from the overhaul of these policies by Ordinance 2012-34 of 11 January 2012) on the basis of the experience acquired since 2012 and resulting from the adaptations to the procedural framework within which the personnel responsible for monitoring carry out their administrative and judicial policing duties with the aim of reinforcing the policing powers of these personnel and improving the efficiency of the monitoring services. The ASN inspectors may use the new prerogatives created by the ӅӇׇ ňĿŌ ӅӃӄӌ ĶŇ ĵĸĶĴňņĸё ņļŁĶĸ ŅķļŁĴŁĶĸ ӅӃӄӉіӄӅӋ łĹ ӄӃ ĸĵŅňĴŅŌ 2016 introducing various nuclear provisions, the nuclear safety inspectors and radiation protection inspectors carry out their monitoring duties within the framework of the procedural rules of the “common core of environmental policies” set out by the provisions of Articles L.171-1 et seq. of the Environment Code. łŅ ĸŋĴŀŃĿĸё ļŁ ŇĻĸ ĶŅļŀļŁĴĿ ĹļĸĿķё ŇĻĸ ļŁņŃĸĶŇłŅņ ĶĴŁ ŁłŊё when authorised by the Public Prosecutor’s office and for the purpose of technical or scientific examinations, ask qualified persons or ask any person, any establishment or any private or public organisation, for information relevant to the investigation, including data taken from a computer system or from processing of nominative data, without professional confidentiality being raised as a cause for non-compliance, if there is no legitimate reason. ňŅŇĻĸŅŀłŅĸё ŊĻĸŁ ĴňŇĻłŅļņĸķ ĵŌ ŇĻĸ ňĵĿļĶ ŅłņĸĶňŇłŅѡņ łĹĹļĶĸё the names and first names of the persons appearing in the copies of the citations, except for those of the offender, could be deleted when this information is liable to endanger the life or physical safety of these persons or of their family. During the administrative inspections they carry out, the inspectors may, as was already the case in judicial police investigations, take samples or have them taken for the purposes of analysis or testing. The new provisions enable ASN to take steps (penalty payments for example) to guarantee complete performance of the enforcement measures intended to oblige the party responsible for an activity to regularise their situation and submit a notification or application for authorisation or registration. • Act 2019-1147 of 8 November 2019 concerning energy and the climate Article 1 of this Act more specifically modifies the date of achieving the target of a 50% share of electricity production from nuclear sources, pushing it back from 2025 to 2035. The Decree on the multi- year energy programme, which should appear in 2020, will notably detail the procedures and arrangements for achieving this target. Article 31 of this Act modifies Article L.122-1 of the Environment Code. Under the terms of this Environment Code, as amended, “the environmental Authority” and the “authority in charge of case by case examination” to determine whether the project is subject to the environmental assessment, are separate. V bis (new) of Article L.122-1 of the Environment Code specifies that this “ authority in charge of the case by case examination and the environmental authority should not find themselves in a position giving rise to a conflict of interest .” łŊĸʼnĸŅё ŁłŇĻļŁĺ ļņ ŀłķļĹļĸķ ĹłŅ ŇĻĸ ņє ļŁĶĸ ĶŇ ӅӃӄӋіӊӅӊ łĹ ӄӃ ňĺňņŇ ӅӃӄӋ Ҏ ĶŇҏё ŃňŅņňĴŁŇ Ňł ŇĻĸ ņĸĶłŁķ ŃĴŅĴĺŅĴŃĻ łĹ IV of Article L.122-1, ASN is the authority in charge of determining whether the noteworthy modification projects liable to have a significant negative impact on the environment, shall be subject to an environmental assessment. ňŅŇĻĸŅŀłŅĸё ļŁ łŅķĸŅ Ňł ņĸĶňŅĸ ŇĻĸ ŃĿĴŁņ ĴŁķ ŃŅłĺŅĴŀŀĸņ ņňĵĽĸĶŇ to systematic or case by case environmental assessment, a new ŅŇļĶĿĸ єӄӌӄіӄ łĹ ŇĻĸ ŁʼnļŅłŁŀĸŁŇ łķĸ ҎĶŅĸĴŇĸķ ĵŌ ŇĻĸ Ӌ łʼnĸŀĵĸŅ ӅӃӄӌ ĶŇҏ ĺļʼnĸņ ŇĻĸ ĴķŀļŁļņŇŅĴŇļʼnĸ Ľňķĺĸ ŇĻĸ łŃŇļłŁё ŊĻĸŁ Ļĸ łŅ she finds that an illegality affecting one of these acts is liable to be regularised and provided that he or she has found that the other means are unfounded, to stay the proceedings in order to enable the administrative authority to conduct this regularisation, in order to avoid pronouncing it null and void. REGULATORY NEWS 28 ASN Report on the state of nuclear safety and radiation protection in France in 2019