ASN Report 2020

and security and radiation protection. The European Union (EU) Court of Justice, considering that the fields of radiation protection and nuclear safety form an inseparable whole, recognised the principle of the existence of community competence in the field of safety, as in the field of management of radioactive waste and spent fuel. ASN experts participate in the work of the EURATOM Treaty committees and working groups: ∙ group of experts specified in Article 31 (Basic Radiation Protection Standards); ∙ group of experts specified in Article 35 (verification and monitoring of radioactivity in the environment); ∙ group of experts specified in Article 36 (information concerning the monitoring of radioactivity in the environment); ∙ group of experts specified in Article 37 (notifications relative to radioactive effluent discharges). Two video-conference meetings were held in 2020, along with a seminar on the radiosensitivity of children. 2.2  The European Euratom Directive on the Safety of Nuclear Facilities The Council 2009/71/Euratom Directive of 25 June 2009, revised in 2014 following the accident at the Fukushima Daiichi NPP, establishes a Community framework to ensure nuclear safety within the European Atomic Energy Community and to encourage the Member States to guarantee a high level of nuclear safety (see “Regulation” section on asn.fr ) . It notably makes provision for greater powers and independence for the national safety regulators, reinforces requirements regarding transparency, sets an ambitious safety objective for the entire European Union (derived from the baseline safety requirements produced by the WENRA), establishes a European peer review system for safety topics and requires periodic safety reviews after 10 years. It also reinforces provisions concerning education and training. This Directive and its amendment are transposed into French law. It should however be noted that European legislation does not yet enshrine in law the institutional independence of the safety regulators. In 2020, ASN coordinated the drafting of France’s second national report on the implementation of the provisions of the Directive, which was transmitted to the European Commission in July 2020. 2.3  The European Euratom Directive on the Management of Spent Fuel and Radioactive Waste On 19 July 2011, the Council of the EU adopted a Directive establishing a community framework for the responsible and safe management of spent fuel and radioactive waste (Directive 2011/70/Euratom). The adoption of this Directive contributes to reinforcing safety within the EU, by making the Member States more accountable for the management of their spent fuels and their radioactive waste. This Directive is legally binding and covers all the aspects of spent fuel and radioactive waste management, from production through to long-term disposal. It reiterates the prime responsibility of the producers and the ultimate responsibility of each Member State to ensure the management of the waste produced on its territory, making sure that the necessary measures are taken to guarantee a high level of safety and to protect workers and the general public against the dangers of ionising radiation. It clearly defines the obligations regarding the safe management of spent fuel and radioactive waste and requires that each Member State adopt a legal framework for safety issues, making provision for the creation of: ∙ a competent regulatory authority with a status that guarantees its independence from the waste producers; ∙ authorisation procedures involving authorisation applications examined on the basis of the safety cases required from the licensees. The Directive regulates the drafting of the national spent fuel and radioactive waste management policies to be implemented by each Member State. More specifically, it requires each Member State to establish a legislative and regulatory framework designed to set up national programmes for the management of spent fuel and radioactive waste. The Directive also contains provisions concerning transparency and participation of the public, the financial resources for management of spent fuel and radioactive waste, training, as well as obligations for self-assessment and regular peer reviews. These aspects constitute major advances in reinforcing the safety and accountability of spent fuel and radioactive waste management in the EU. The Energy Transition for Green Growth Act (TECV Act) and the Ordinance of 10 February 2016 ensured that the provisions of the Directive were transposed into French law. ASN EUROPE MULTILATERAL PART EU, European Commission, Euratom ENSREG, WENRA, HERCA INTERNATIONAL MULTILATERAL PART IAEA, NEA, MDEP, INRA CONVENTIONS Nuclear Safety, Safety of Spent Fuel and Radioactive Waste, Early Notification of a Nuclear Accident, Assistance BILATERAL PART Cooperation and information exchange, assistance, personnel secondment ASN action on the international stage ASN Report on the state of nuclear safety and radiation protection in France in 2020 197 06 – INTERNATIONAL RELATIONS 06