ASN Report 2020

NATIONAL NEWS 1.1 Acts and Ordinances Act 2020-1525 of 7 December 2020 accelerating and simplifying public actions , known as the “ ASAP Act ”, was published in the Official Journal of the French Republic (JORF) on 8 December 2020. The main objectives of the ASAP Act are to eliminate adminis­ trative commissions (Articles 1 to 24), to decentralise individual administrative decisions (Articles 25 to 33), to simplify procedures applicable to companies (Articles 34 to 66), various simplification measures (Articles 67 to 139) and to eliminate “over-transposition” of certain European Directives into French law (Articles 140 to 149). Three provisions in particular are of direct interest to ASN: ∙ the first concerns the frequency of the updating of the National Radioactive Materials and Waste Management Plan (PNGMDR) which goes from 3 to 5 years; ∙ the second concerns maintaining the National review board for financing the cost of decommissioning of Basic Nuclear Installations (BNIs) and the management of Spent Fuels and Radioactive Waste (CNEF). In carrying out its role of evaluating the adequacy of the provisions made for the cost of decommissioning BNIs, the CNEF will be able to consult the Prudential Supervision and Resolution Authority (ACPR); ∙ finally, the third allows improved “dissemination of the information transmitted to the Departmental Council for the Environment and for Health and Technological Risks (CODERST)”: the documents transmitted to the members of this body for the matters it is examining will be made public. With regard to nuclear subjects, this obligation will apply when, at the request of ASN, the Prefect refers draft requirements to the CODERST concerning water intake and effluent discharges for a BNI or when ASN informs the CODERST of a project concerning unnecessary equipment within the perimeter of a BNI. Moreover, the ASAP Act modifies numerous provisions concer­ ning Installations Classified for Protection of the Environment (ICPE). They will apply to the unnecessary ICPEs located within the perimeter of a BNI: ∙ Article 34 modifies the conditions for the application of new rules and binding requirements for ICPE projects being examined; ∙ Article 44 modifies the conditions for public consultation regarding certain projects with an environmental impact; ∙ Article 56 enables the Prefect to authorise certain construction work to be carried out in advance, before the environmental authorisation is issued. Articles 34, 44 and 56 of the ASAP Act were referred to the Constitutional Council and declared to be in compliance with the Constitution (Constitutional Council decision 2020-807-DC of 3 December 2020). Act 2020-1672 of 24 December 2020, concerning the European Prosecutor’s Office, environmental justice and specialised criminal justice, published in the JORF on 26 December 2020. This Act, which deals with the creation of the “European Prosecutor’s Office” (Part I), the role of which will be to investigate and prosecute fraud concerning the budget of the European Union and other offences harming the financial interests of the European Union, also comprises provisions concerning specialised criminal justice (Part II), aiming in particular to improve the fight against environmental delinquency. Regional centres specialising in environmental damage are thus created (in addition to the two national Public Health centres in Marseille and Paris which already exist), for graded treatment of environmental offences. They will be based in each Court of Appeal and will have civil and criminal competence. It also creates a judicial convention of public interest (known as the “Environmental Convention”), a new judicial means of implementing environmental compensation or reparation mechanisms in cases with major financial implications brought against legal persons, to ensure a rapid judicial response. Ordinances dealing with the health state of emergency The health crisis led the Government to adopt exceptional measures. ASN adapted its working methods to take account of these measures, revising its inspection programme as part of its oversight duty, but also by implementing measures concerning the management of due dates, deadlines and administrative procedures during the health emergency period, as set out in successive ordinances on procedural deadlines (see Ordinance 2020-306 of 25 March 2020 relative to the extension of expired dates during the health emergency period and the adaptation of procedures during this same period , modified by Ordinance 2020-427 of REGULATORY NEWS The health situation meant that 2020 was marked by particular activity in terms of standards. In addition, a number of ASN orders and resolutions resulting from Decrees transposing Council Directive 2013/59/Euratom of 5 December 2013 laying down Basic Standards for health protection against the dangers arising from exposure to ionising radiation were published in 2020. 34 ASN Report on the state of nuclear safety and radiation protection in France in 2020