In 2023, ASN issued three of these notifications. When the Public Prosecutor initiates investigations, ASN provides support for the investigators appointed by the legal authorities for technical analysis of documents and to facilitate dealings with the nuclear licensees. In addition, the question of data integrity, that is ensuring that data have not been modified or destroyed without authorisation, linked to the risk of CFS, given that shortcomings in traceability can facilitate irregularities, continued to be frequently addressed in 2023 and formed the subject of requirements in several inspection follow-up letters. New CFS are still being detected, both by the licensees, within the context of their monitoring and internal checks, and by the ASN inspectors. Several cases were reported to ASN in 2023 and are being followed-up and processed in close collaboration with the licensees and manufacturers. ASN’s actions to prevent, detect and process CFS are not limited just to the inspections. For example, ASN informs the main licensees and manufacturers of the cases detected and analyses their responses. It holds discussions with 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 for anyone, potentially a whistle-blower, wishing to report irregularities potentially affecting the protection of persons and the environment. Act 2022-401 of 21 March 2022 aiming to improve whistle-blower protection, which modifies the system created by the “Sapin 2” Act of 9 December 2016, entered into force on 1 September 2022. It is supplemented by Constitutional Act 2022-400 of the same date, which aims to reinforce the role of the Defender of whistleblower rights. These two Acts reinforce the whistle-blower protection system. They transpose Directive (EU) 2019/1937 of 23 October 2019 defining a common framework for this protection and take it even further. A broader definition of whistle-blower, simplification of the alert procedures, reinforcement of the whistle-blower protections, a new status for the entourage of the whistle-blower and an expansion of the roles of the Defender of Rights with regard to whistleblowing are the main contributions of these Acts. Furthermore, Decree 2022-1284 of 3 October 2022 relative to the procedures for collecting and processing alerts submitted by whistle-blowers and setting out the list of external authorities instituted by the above-mentioned Act 2022-401 supplements these provisions by detailing the whistle-blowing report processing mechanisms. This Decree designated ASN as having competence to process whistle-blower alerts regarding radiation protection and nuclear safety. The system set up by ASN, which was originally voluntary, has been added to and meets these obligations. 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 never 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 2023, 46 reports were sent to ASN: three-quarters (33) via the whistle-blower portal, the others by alternative means of transmission, mainly (nine 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: just under one third concern BNIs, about 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. Several whistle-blower reports processed in 2023 concern the on-line sale of radioactive sources. In this type of case, ASN systematically reminds the platform concerned of the regulatory requirements in force regarding the possession, distribution or transfer of radioactive sources. In addition to cancelling the advertisement, the platform is also asked to contact the advertiser so that it can, if necessary, collect and retrieve the sources in its possession or that it has distributed. A significant proportion of the valid whistle-blower reports received in 2023 concern non-compliance with radiation protection rules in the medical field (organisational malfunctions, missing or inappropriate equipment, etc.). For most of them, the inspections carried out by the ASN inspectors enable the professionals to be reminded of the regulatory requirements binding upon them with respect to radiation protection of workers and patients. The findings are included in the evaluations expressed in chapter 7. 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 party RNA, 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. Ten 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 2023 were anonymous (nine), which make it easier to process them. ASN Report on the state of nuclear safety and radiation protection in France in 2023 165 • 03 • Regulation of nuclear activities and exposure to ionising radiation 03 05 15 08 11 04 14 06 07 13 AP 10 02 09 12 01
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