ASN’s actions to prevent, detect and process fraud type irregularities are not limited just to the inspections. For example, ASN has informed the main licensees and manufacturers of the cases detected and is analysing their responses. In 2021, ASN also sent out two information sheets to foreign safety regulators, through an international exchange channel that it actively helped to set up. 5.2 Processing of reported cases At the end of November 2018, ASN set up an on-line portal to enable anyone wishing to report irregularities potentially affecting the protection of persons and the environment, potentially a whistle-blower, to do so. By means of a system of pseudonyms for the reports received, ASN guarantees the confidentiality of anyone sending it a report. 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: ∙ acknowledge receipt of the notification; ∙ contact them if clarification is required (this is frequently the case); ∙ inform them if action has been taken following their alert. In 2021, 45 reports were sent to ASN: more than half (26) via the on-line portal, the others by alternative means of transmission, mainly (15 reports) by direct contact with the ASN division geographically competent or the technical department in charge of the subject. The reports received vary: ∙ in the field concerned: about one third concern BNIs, just under one quarter the medical field; ∙ in their content: they can report deterioration in the organisation of the entity which could affect radiation protection, poorly performed work, etc. Some reports are forwarded by ASN to other administrations when it is not competent to deal with them. All reports are examined and dealt with. This can lead to an inspection, a technical analysis, a request for information from a nuclear activity manager, etc. It could for example concern information regarding the security of a BNI, which must be addressed by the High Defence and Security Official at the Ministry for Energy. Twelve reports were verified during the course of inspections. The follow-up to these inspections is dealt with in the same way as routine inspections. Few reports received in 2021 were anonymous (four), which make it easier to process them. Only one report could not be processed, because its content was extremely vague and it was impossible to contact the source. 6 // Identifying and penalising deviations ASN implements enforcement measures, making it possible to oblige a licensee or party responsible for a nuclear activity to restore compliance with the regulations, along with penalties. In certain situations in which the actions of the licensee or party responsible for a nuclear activity fail to comply with the regulations in force, 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: ∙ actions that are impartial, justified and appropriate to the level of risk presented by the situation concerned. Their scale is proportionate to the nuclear safety, 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.); ∙ administrative measures initiated on proposals from the inspectors and decided on by ASN or the administrative enforcement Committee, in order to remedy risk situations and noncompliance with the legislative and regulatory requirements as observed during its inspections. Moreover, criminal infringement reports (violation, misdemeanour) can be issued by the ASN inspectors and transmitted to the competent local Public Prosecutor’s Office, which will assess whether or not to initiate prosecution. 6.1 Enforcement measures and administrative sanctions ASN has a range of tools at its disposal regarding the party responsible for a nuclear activity or a licensee, more particularly: ∙ the inspector’s observations; ∙ the official letter from the ASN departments (inspection follow-up letter); ∙ formal notice from ASN to regularise the administrative situation or to comply with the regulations in force, within a time-frame determined by itself; ∙ enforcement measures or administrative sanctions, applied after formal notice has been served. These measures, as set out in law, are as follows: ∙ deposit in the hands of a public accountant of a sum covering the total cost of the work to be performed; ∙ 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); ∙ 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; ∙ 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); ∙ administrative fine. It should be noted that these last two measures are proportionate to the gravity of the infringements observed. With regard to administrative sanctions, the administrative enforcement Committee, when referred to by the ASN Commission, may hand down 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. The meeting to set up the administrative enforcement Committee was held on 19 October 2021. On this occasion, the Committee appointed its Chairman and adopted its internal rules of procedure, which were published in the Official Journal of the French Republic in 5 November 2021. ASN Report on the state of nuclear safety and radiation protection in France in 2021 163 03 – REGULATION OF NUCLEAR ACTIVITIES AND EXPOSURE TO IONISING RADIATION 08 07 13 04 10 06 12 14 03 09 05 11 02 01 AP
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