1. Verifying that the licensee assumes its responsibilities 1.1 The principles of ASN’s oversight duties ASN’s oversight aims primarily to ensure that those responsible for an activity effectively assume their obligations and comply with the requirements of the regulations concerning nuclear safety and radiation protection, in order to protect persons and the environment from the risks linked to radioactivity and to the operation of nuclear facilities. It applies to all the phases in the performance of the activity, including the decommissioning phase for nuclear facilities: ∙ before the licensee exercises an activity subject to authorisation, by reviewing and analysing the files, documents and information provided by the licensee to justify its project with regard to safety and radiation protection. This verification aims to ensure that the information and demonstration supplied are both relevant and sufficient; ∙ during exercise of the activity, by visits, inspections, verification of licensee operations entailing significant potential consequences, review of reports supplied by the licensee and analysis of significant events. This oversight includes an analysis of any justifications provided by the licensee. ASN applies the principle of proportionality when determining its actions, so that the scope, conditions and extent of its regulatory action are commensurate with the human and environmental protection implications involved. When applicable, this oversight can call on the support of the French Institute for Radiation Protection and Nuclear Safety (IRSN). 1.2 The scope of regulation of nuclear activities Article L. 592-22 of the Environment Code states that ASN must regulate compliance with the general rules and particular requirements of safety and radiation protection, applicable to: ∙ the BNI licensees; ∙ the manufacturers and users of Nuclear Pressure Equipment (NPE) used in the BNIs; ∙ those in charge of Radioactive Substances Transport (TSR); ∙ those in charge of activities entailing a risk of exposure of individuals and workers to ionising radiation; ∙ those in charge of implementing ionising radiation exposure monitoring measures, such as the approved organisations and laboratories; ∙ the nuclear licensees, their suppliers, contractors or subcontractors when they carry out activities important for the protection of persons and the environment outside the perimeter of the BNIs. Chapter 10 details the ASN’s particular actions in 2022 concerning the inspection of the NPPs procurement chain. In addition, within the BNIs, the ASN inspectors have rights and prerogatives given to the environmental inspectors to verify the provisions regarding protection of the environment. In this chapter, these persons or entities are called the “licensees”. ASN also oversees the organisations and laboratories that it approves in order to take part in the inspections and oversight of nuclear safety and radiation protection. ASN carries out labour inspectorate duties in the NPPs (see chapter 10). In France, the party responsible for a nuclear activity must ensure that this activity is safe and may not delegate this responsibility. They must ensure permanent monitoring of both this activity and the equipment used. Given the risks linked to ionising radiation for humans and the environment, the State regulates nuclear activities, a task it has entrusted to the French Nuclear Safety Authority (ASN). With the aim of ensuring greater administrative efficiency, ASN has also been entrusted with the oversight of regulations concerning the environment and Pressure Equipment (PE) in Basic Nuclear Installations (BNIs). Control and regulation of nuclear activities is a fundamental responsibility of ASN. Its primary goal is to ensure that a party responsible for a nuclear activity effectively assumes its obligations. ASN has a vision of control and regulation encompassing material, organisational and human aspects. Following safety and radiation protection assessments in each activity sector, ASN implements its oversight action by issuing resolutions, binding requirements, inspection follow-up letters, plus penalties as applicable. The oversight priorities are defined with regard to the risks inherent in the activities, the behaviour of those responsible for the activities and the means they deploy to control them. In the priority areas, ASN must reinforce its oversight. Conversely, for lower-risk areas, ASN must be able to explicitly scale-back its regulation and oversight. 146 ASN Report on the state of nuclear safety and radiation protection in France in 2022 • 03 • Regulation of nuclear activities and exposure to ionising radiation
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