2.2.2 The decentralised State services The decentralised services of the French State are those which locally implement the decisions taken by the central administration and which manage the State’s services at the local level. These services are placed under the authority of the Prefects. ASN maintains close relations with the Regional Directorates for the Environment, Planning and Housing (Dreal), the Regional and Interdepartmental Directorate for Public Works, Development and Transport of Île-de-France (Drieat), the Regional Directorates for the economy, employment, labour and solidarity (Dreets) and the Regional Health Agencies (ARS) which, although not strictly speaking decentralised services but public institutions, have equivalent powers. The Prefects are the State’s local representatives. They are the guarantors of public order and play a particularly important role in the event of an emergency, in that they are responsible for measures to protect the general public. The Prefects intervene in the various procedures. In particular, they send the Minister their opinion on the report and the conclusions from the inquiry commissioner following the public inquiry into authorisation applications. At the request of ASN, they refer to the Departmental Council for the Environment and Health and Technological Risks for an opinion on the water intake, discharges and other detrimental effects of BNIs. 2.3 The French Nuclear Safety Authority The French Nuclear Safety Authority (Autorité de sûreté nucléaire – ASN), created by the TSN Act, is an independent administrative Authority which takes part in regulating nuclear safety, radiation protection and the nuclear activities mentioned in Article L. 1333‑1 of the Public Health Code. Its roles are to regulate, authorise, monitor and support the public authorities in the management of emergency situations and to contribute to information of the public and transparency within its fields of competence. ASN is governed by a Commission comprising five Commissioners, including the ASN Chairman. They are appointed for a 6-year term. Three are appointed by the President of the Republic and one by the President of each Parliamentary assembly. ASN comprises departments placed under the authority of its Chairman. ASN comprises an administrative enforcement Committee (see below). For the purposes of technical analysis and assessment, it more particularly draws on the services of IRSN and the Advisory Committees of Experts (GPEs). 2.3.1 Role and duties Regulation ASN is consulted on draft decrees and ministerial orders of a regulatory nature dealing with nuclear safety as defined in Article L. 591‑1 of the Environment Code. It can issue technical regulations to complete the implementing procedures for Decrees and Orders adopted in the nuclear safety or radiation protection field, except for those relating to occupational medicine. These regulations must be approved by the Minister responsible for nuclear safety or the Minister responsible for radiation protection. Approval orders and approved resolutions are published in the Official Journal. Authorisation ASN reviews BNI creation authorisation or decommissioning applications, issues opinions and makes proposals to the Government concerning the decrees to be issued in these fields. High Committee for Transparency and Information on Nuclear Security High Council for Prevention of Technological Risks Central Committee for Pressure Equipment High Public Health Council Advisory Committees of Experts Institute for Radiation Protection and Nuclear Safety General regulations Regulation of installations Clarification of Government decisions Issue of other authorisations Government Nuclear Safety and Radiation Protection Mission The French Nuclear Safety Authority (ASN) National Assembly and Senate Parliamentary Office for the Evaluation of Scientific and Technical Choices (OPECST) Parliamentary Commissions Major decisions concerning BNIs Creation Authorisation Final shutdown and Decommissioning (MAD-DEM) Decree REGULATION OF NUCLEAR SAFETY AND RADIATION PROTECTION IN FRANCE 126 ASN Report on the state of nuclear safety and radiation protection in France in 2022 • 02 • The principles of nuclear safety and radiation protection and the regulation and oversight stakeholders 02
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