ASN Report 2022

It authorises significant modifications to a BNI. It defines the requirements applicable to these installations with regard to the prevention of risks, pollution and detrimental effects. It authorises commissioning of these installations and pronounces delicensing following completion of decommissioning. Some of these resolutions require approval by the Minister responsible for nuclear safety. ASN issues the licenses, carries out registration and receives the notifications provided for in the Public Health Code concerning small-scale nuclear activities and issues licenses or approvals for radioactive substances transport operations. The ASN resolutions and opinions debated by its Commission are published in its Official Bulletin on its website Oversight ASN verifies compliance with the general rules and specific requirements for nuclear safety and radiation protection applicable to BNIs, to the pressure equipment designed specifically for these facilities and to the transport of radioactive substances. It also regulates the activities mentioned in Article L. 1333‑1 of the Public Health Code and the ionising radiation exposure situations defined in Article L. 1333‑3 of the same Code. ASN organises a permanent radiation protection watch throughout the national territory. From among its staff, it appoints nuclear safety inspectors, radiation protection inspectors and inspectors carrying out labour inspectorate duties. ASN issues the required approvals and certifications to the organisations participating in the verifications and in nuclear safety or radiation protection monitoring, as well as with regard to Nuclear Pressure Equipment (NPE). Ordinance 2016‑128 of 10 February 2016, issued pursuant to the TECV Act, reinforces ASN’s regulatory and enforcement powers and broadens the scope of its competences. The effect of ASN’s reinforced regulation, policing and enforcement powers will be to improve the effectiveness of the regulation of nuclear safety and radiation protection. These policing and enforcement powers are extended to the activities performed outside BNIs, and participating in the technical and organisational measures mentioned in the 2nd paragraph of Article L. 595‑2 of the Environment Code, by the licensee, its suppliers, contractors or sub-contractors and in the same conditions as within the facilities themselves. Administrative fines will be imposed by the administrative enforcement committee in order to comply with the principle of separation between the investigation, charging and sentencing functions instituted in French law and in international conventions on the right to a fair trial. Chapter 3 of this report describes all of ASN’s oversight actions, including enforcement. Emergency situations ASN takes part in the management of radiological emergency situations. It provides technical assistance to the competent Authorities for the drafting of emergency response plans, taking account of the risks resulting from nuclear activities. When such an emergency situation occurs, ASN verifies the steps taken by the licensee to make the facility safe. It assists the Government with all matters within its field of competence and submits its recommendations on the medical or health measures or civil protection steps to be taken. It informs the general public of the situation, of any releases into the environment and their consequences. It acts as the Competent Authority within the framework of international conventions, by notifying international organisations and foreign countries of the accident. Chapter 4 of this report describes ASN actions in this field. In the event of an incident or accident concerning a nuclear activity and, pursuant to Articles L. 592‑35 and R.592‑23 et seq. of the Environment Code concerning technical inquiries into accidents or incidents concerning a nuclear activity, ASN may carry out a technical inquiry. Information ASN participates in informing the public in its areas of competence. Chapter 5 of this report describes ASN actions in this field. Definition of orientations and oversight of research The quality of ASN’s resolutions and decisions relies primarily on robust technical expertise which, in turn, requires the best and most up-to-date knowledge. In this field, Article L. 592‑31‑1 of the Environment Code comprises provisions giving ASN competence to ensure that public research is tailored to the needs of nuclear safety and radiation protection. On the basis of the work of its Scientific Committee (see point 2.5.3), ASN issued three opinions on research needs in 2012, 2015 and 2018. Since then it regularly publishes its opinions and those of the scientific committee and continues to strengthen its relations with research organisations and institutions in charge of programming and financing research nationally and at a European level. ASN takes part in the steering committee for the “Nuclear Safety and Radiation Protection Research” (RSNR) Call for Projects, launched in 2013 by the National Research Agency, under the Investing in the Future programme, for which funding should be completed in mid-2023. The evaluation of the corresponding projects will begin in the first quarter of 2023. 2.3.2 Organisation ASN Commission The ASN Commission comprises five full-time Commissioners. Their mandate is for a period of six years and may not be renewed. The Commissioners perform their duties in complete impartiality and receive no instructions from either the Government or any other person or institution. The President of the Republic may terminate the duties of any member of the Commission in the event of a serious breach of his or her obligations. The Commission defines ASN’s strategy. More specifically, it is involved in developing overall policy, i.e. the doctrines and principles that underpin ASN’s main missions of regulation, inspection, transparency, management of emergency situations and international relations. Pursuant to the Environment Code, the Commission submits ASN’s opinions to the Government and issues the main ASN regulations and decisions. It decides on the public position to be adopted on the main issues within ASN’s sphere of competence. The Commission adopts the ASN internal rules of procedure which set out its organisation and working rules, as well as its ethical guidelines. The Commission’s decisions and opinions are published in ASN’s Official Bulletin. In 2022, the ASN Commission met 62 times. It issued 21 opinions and 31 decisions. Administrative Enforcement Committee “Nuclear” Ordinance 2016‑128 of 10 February 2016 created the ASN Sanctions Committee (Articles L. 592‑41 to L. 592‑44 of the Environment Code). It was set up on 19 October 2021. The creation of this Committee supplements the arsenal of enforcement measures available to ASN. When referred to by the ASN Commission, it will have the power to issue administrative fines on the licensees of BNIs, those responsible for the transport of radioactive substances, the operators of NPE, or indeed those ASN Report on the state of nuclear safety and radiation protection in France in 2022 127 • 02 • The principles of nuclear safety and radiation protection and the regulation and oversight stakeholders 01 02 07 08 13 AP 04 10 06 12 14 03 09 05 11