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 participates 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 the publication of its third opinion, ASN has continued to strengthen its relations with research organisations and institutions in charge of programming and financing research nationally and at a European level. The 2020 and 2021 health context however limited the scheduled meetings, notably at an international level. The Fukushima Daiichi NPP accident in Japan highlighted the need for more research in the field of nuclear safety and radiation protection. A Call for Project (AAP) proposals in these fields was therefore issued by the French National Research Agency (ANR) within the framework of the Investments for the Future programme. ASN takes part in the steering committee for this AAP, which has enabled research projects to be financed since 2013, up until mid-2023. An evaluation of these projects is planned as of 2022. 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 2021, the ASN Commission met 57 times. It issued 22 opinions and 17 decisions. Administrative Enforcement Committee “Nuclear” Ordinance 2016-128 of 10 February 2016 created the ASN Administrative Enforcement Committee (Articles L. 59241 to L. 592-44 of the Environment Code). ASN installed its Administrative Enforcement Committee 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 ASN ACTIONS IN THE FIELD OF RESEARCH In the field of research, ASN set itself the objectives of identifying its needs, publishing them and making them known among the institutions, licensees and research laboratories, so that they are incorporated into the research programmes. In order to reinforce its approach, ASN is also involved in steering committees, such as that of the Research in the fields of Nuclear Safety and Radiation Protection programme (RSNR) of the National Research Agency (ANR). ASN also takes part in selecting research projects financed by Euratom. These calls for project proposals helped numerous projects emerge in response to the research needs identified by ASN over the past ten years, on subjects such as non-destructive examinations, severe accidents, organisational and human factors, the biological and health effects of low doses of ionising radiation, or the conditioning of waste and its geological disposal. ASN will continue its meetings with the authorities, institutions, research laboratories and licensees in France and abroad, for discussions on research needs. ASN Report on the state of nuclear safety and radiation protection in France in 2021 127 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
RkJQdWJsaXNoZXIy NjQ0NzU=