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 which take part 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 managing 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 relative to 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), since 2012, ASN has regularly issued opinions on the need for research on subjects with major nuclear safety and radiation protection implications. In 2023, ASN notably published an opinion on research subjects requiring greater investigation in the field of the ageing of non-metallic materials for the continued operation of the nuclear power reactors beyond the initial operating lifetime included in the design of some of their equipment. Its opinions and those of its Scientific Committee are published on asn.fr and are transmitted to the public and private research programmers. ASN is continuing to reinforce its relations with the research organisations and the institutions in charge of programming and funding research at both national and European levels. 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 Investments in the Future programme, for which funding was completed in 2023. The evaluation made of this action in 2023 will return its conclusions during the course of 2024. 2.3.2 Organisation ASN Commission The ASN Commission comprises five full-time Commissioners. Their mandate is for a period of six years and is not renewable. 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 (see page 134). The Commission’s decisions and opinions are published in the ASN Official Bulletin. In 2023, the ASN Commission met 49 times. It issued 22 opinions and 26 decisions. Administrative Enforcement Committee “Nuclear” Ordinance 2016-128 of 10 February 2016 created the ASN Administrative Enforcement 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 responsible for nuclear activities regulated by the Public Health Code. Its independence is guaranteed by law. The Committee comprises four regular members, two State advisers appointed by the Vice-President of the Council of State and two advisers from the Cour de cassation (Court of Cassation) appointed by the first President of the Cour de Cassation. It also comprises alternate members. The duration of the members’ mandate is six years. At their first meeting, on 19 October 2021, the regular members elected Mr. Maurice Méda as Chairman of the Committee for the next three years. They also adopted the internal rules of procedure which were published in the Official Journal on 5 November 2021 and in the ASN Official Bulletin the following 8 November. An annual information exchange meeting between the members of the Administrative Enforcement Committee, the ASN Commission and the ASN general management concerning the year 2023, was held on 8 January 2024. ASN Report on the state of nuclear safety and radiation protection in France in 2023 129 • 02 • The principles of nuclear safety and radiation protection and the regulation and oversight stakeholders 02 05 15 08 11 04 14 06 07 13 AP 03 10 09 12 01
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