IRRS follow-up mission to France - October 2017

16 1. RESPONSIBILITIES AND FUNCTIONS OF THE GOVERNMENT 1.1. NATIONAL POLICY AND STRATEGY 2014 MISSION RECOMMENDATIONS, SUGGESTIONS S1 Suggestion: The Government should consider ensuring that all elements of policy and strategy for safety identified in GSR Part 1, are uniformly included in the French legislation at the appropriate level, particularly the fundamental safety objective and the fundamental safety principles should be addressed. Changes since the initial IRRS mission Suggestion 1: The fundamental safety objective to protect people from the harmful effects of ionizing radiation is addressed in articles L. 591-1 and L. 591-4 of the Environment Code. On the 10th February 2016, the Government issued a new Ordinance (2016-128) that amended certain articles of the Environment Code and Public Health Code. When considered with the existing Labour Code, these three codes now incorporate the fundamental safety objective and all ten of the fundamental safety principles set out in SF-1. Three further decrees are in preparation and due for publication in early 2018. The issuing of these decrees will consolidate many of the existing legal requirements and will also address new measures needed to transpose the Euratom Basic Safety Standards Directive. Status of the finding in the initial mission Suggestion 1 (S1) is closed as all elements of policy and strategy for safety identified in GSR Part 1 are included in French legislation at the appropriate level. 1.2. ESTABLISHMENT OF A FRAMEWORK FOR SAFETY There were no findings in this area in the initial IRRS mission. 1.3. ESTABLISHMENT OF A REGULATORY BODY AND ITS INDEPENDENCE 2014 MISSION RECOMMENDATIONS, SUGGESTIONS R1 Recommendation: The Government should take the necessary steps in the legislation to provide the regulatory body with the authority for inspections of all activities carried out by all parties with responsibility on safety, without any concern related the place they are fulfilled. R2 Recommendation: The Government should take the appropriate measures to ensure that ASNs safety related decisions cannot be vetoed. Changes since the initial IRRS mission Recommendation 1: Ordinance 2016-128 issued on the 10 February 2016 amended Article L. 593-33 of the Environment Code to strengthen ASN's powers with respect to activities carried out at locations other than the operators' premises, including activities carried out by its providers or sub-contractors. The Ordinance also gave ASN's inspectors powers to inspect all “activities that