ASN Report 2020

ASN utilises a diversified hiring policy with the aim of ensuring that there are sufficient numbers of the qualified and comple­ mentary human resources needed to perform its duties. Skills management Competence is one of the four key values of ASN. The tutor system, initial and continuing training, whether general, linked to nuclear techniques, the field of communication, or legal matters, as well as day-to-day practices, are essential aspects of the professionalism of ASN staff. The ASN Administrative Enforcement Committee Nuclear Ordinance 2016-128 of 10 February 2016 created the ASN Administrative Enforcement Committee (Articles L. 592-41 to L. 592-44 of the Environment Code). Its implementation required on the one hand the publication of regulatory provisions for application of the Ordinance, Decree 2019-190 of 14 March 2019 codifying the provisions applicable to basic nuclear installations, the transport of radioactive substances and transparency in the nuclear field and, on the other, appointment of its members. The Committee comprises four regular members, two State advisers appointed by the Vice-President of the Council of State and two advisers from the Cour de cassation (Court of Appeal) appointed by the first President of the Cour de cassation . It also includes four alternate members, designated under the same rules as the regular members. When referred to by the ASN Commission, the Administrative Enforcement Committee may hand down an administrative sanction, the administrative fine set out in 4° of II of Article L. 171-8 of the Environment Code, when a formal notice decision, issued beforehand by ASN against a licensee or nuclear activity manager to require compliance of the activity with the regulations in force, has not been met by the latter (Article L. 171-8 of the Environment Code). The provisions of Article L. 596-7 of the Environment Code specify that “ if the ASN Commission decides to open proceedings leading to the imposing of a fine, it notifies the persons concerned of the grievances and brings the matter before the Administrative Enforcement Committee mentioned in Article L. 592-41, which appoints a rapporteur among its members. Events that date back more than three years cannot be brought before the committee if nothing has been done during this period to try to look for, record or sanction the events. ” The amount of the administrative fine is up to 10 million euros in the event of a breach of the provisions applicable to Basic Nuclear Installations, 1 million concerning pressure equipment, 30,000 euros for the transport of radioactive substances and a maximum of 15,000 euros concerning small-scale nuclear activities (Articles L. 596-4 of the Environment Code and L. 1333-31 of the Public Health Code). The procedure for pronouncing the administrative fine makes provision for compliance with the adversarial principle and no penalty can be imposed without the person/entity concerned or their representative having been heard or summoned. The Committee’s decision may be made public. The decisions pronounced by the Administrative Enforcement Committee may be referred to the administrative jurisdiction (Council of State) by the person concerned, by the ASN Chairman or by the third parties. A first meeting between ASN and the appointed members of the Committee was held on 12 October 2020. The ASN Administrative Enforcement Committee will be effectively established with the appointment of its Chair by the regular members and the adoption of its internal rules of procedure, which will be published in the Official Journal of the French Republic (Journal Officiel de la République française) . The regional representatives O. Morzelle L. Tapadinhas C. Tourasse JP. Deneuvy H. Brûlé JP. Lestoille AA. Médard A. Bonneville H. Vanlaer ASN Report on the state of nuclear safety and radiation protection in France in 2020 133 02 – THE PRINCIPLES OF NUCLEAR SAFETY AND RADIATION PROTECTION AND THE REGULATION AND OVERSIGHT STAKEHOLDERS 02