In 2015, Parliament adopted Act 2015-992 of 17 August 2015 concerning Energy Transition for Green Growth (TECV Act), an entire section of which is devoted to nuclear matters (Title VI –“Reinforcing nuclear safety and information of the citizens”). This Act reinforces the framework which was created in 2006. Pursuant to the provisions of the Environment Code, ASN regularly reports on its activity to Parliament, notably to the Parliamentary Office for the Evaluation of Scientific and Technological Choices (OPECST) and to the parliamentary commissions concerned. The role of the OPECST is to inform Parliament of the consequences of scientific or technological choices so that it can make informed decisions; to this end, the OPECST gathers information, implements study programmes and conducts evaluations. ASN reports regularly to the OPECST on its activities, notably by submitting its annual Report on the state of nuclear safety and radiation protection to it. ASN also reports on its activities to the Parliamentary Commissions of the National Assembly and the Senate, notably on the occasion of hearings held by the commissions responsible for the environment or economic affairs. The exchanges between ASN and elected officials are presented in more detail in chapter 5. 2.2 The Government The Government exercises regulatory powers. It is therefore in charge of laying down the general regulations concerning nuclear safety and radiation protection. The Environment Code also tasks it with taking major decisions concerning BNIs, for which it relies on proposals or opinions from ASN. The Government can also call on consultative bodies such as the High Committee for Transparency and Information on Nuclear Safety (HCTISN). The Government is also responsible for civil protection in the event of an emergency. 2.2.1 Ministers responsible for nuclear safety and radiation protection On the advice of and, as applicable, further to proposals from ASN, the Minister responsible for nuclear safety defines the general regulations applicable to BNIs and those concerning the construction and use of Pressure Equipment (PE) specifically designed for these installations. Also, on the advice of and, as applicable, further to proposals from ASN, this same Minister takes major individual resolutions concerning: ∙ the design, construction, operation and decommissioning of BNIs; ∙ the design, construction, operation, closure and decommissioning, as well as the surveillance, of radioactive waste disposal facilities. If an installation presents serious risks, the above-mentioned Minister can suspend the operation of an installation on the advice of ASN. Furthermore –and on the basis of ASN proposals if necessary– the Minister responsible for radiation protection defines the general regulations applicable to radiation protection. The regulation of worker radiation protection is the responsibility of the Minister for Labour, Employment and Integration. That concerning the radiation protection of patients is the responsibility of the Minister for Solidarity and Health. The Ministers responsible for nuclear safety and for radiation protection approve the ASN internal rules of procedures by means of an Interministerial Order. They also approve ASN technical regulations and certain individual resolutions affecting their own particular field (for example, setting BNI discharge limits during operation, BNI delicensing, etc.). The Nuclear Safety and Radiation Protection Mission The Nuclear Safety and Radiation Protection Mission (MSNR), within the General Directorate for Risk Prevention at the Ministry for Ecological Transition, is in particular tasked –in collaboration with ASN– with proposing Government policy on nuclear safety and radiation protection, except for defence-related activities and installations and the radiation protection of workers against ionising radiations. Defence and Security High Official The purpose of nuclear security, in the strictest sense of the term (IAEA definition, less wide-ranging than that of Article L 591-1 of the Environment Code) is to protect and monitor nuclear materials, their facilities and their transportation. It aims to ensure protection of the population and environment against the consequences of malicious acts, in accordance with the provisions of the Defence Code. This responsibility lies with the Minister for Ecological Transition, with the support of the Defence and Security High Official (HFDS) administration and more specifically its Nuclear Security Department. The HFDS thus acts as the nuclear security Authority, by drafting regulations, issuing authorisations and conducting inspections in this field, with the support of IRSN. Although the two regulatory systems and approaches are clearly different, the two fields, owing to the specificity of the nuclear field, are closely linked. ASN and the HFDS are therefore regularly in contact with each other to discuss these matters. 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. ASN Report on the state of nuclear safety and radiation protection in France in 2021 125 02 – THE PRINCIPLES OF NUCLEAR SAFETY AND RADIATION PROTECTION AND THE REGULATION AND OVERSIGHT STAKEHOLDERS 08 07 13 04 10 06 12 14 03 09 05 11 02 01 AP
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