ASN Report 2017

153 ASN report on the state of nuclear safety and radiation protection in France in 2017 Chapter 04  - Regulation of nuclear activities and exposure to ionising radiation ཛྷ ཛྷ suspension of the activity until complete performance of the conditions imposed and the adoption of interim measures at the cost of the person served formal notice, in particular in the event of urgent measures to protect human safety; ཛྷ ཛྷ a daily fine (an amount set per day, to be paid by the party responsible until full compliance with the requirements of the formal notice has been achieved); ཛྷ ཛྷ administrative penalty. It should be noted that these last two measures, which have been available since the entry into force on 1st July 2017 of the new provisions of the Public Health Code as stipulated by the Ordinance of 10th February  2016, are proportionate to the gravity of the infringements observed. The administrative fine will be the competence of the future ASN Sanctions Committee. The Public Health Code also enables ASN to take decisions to temporarily or definitively revoke the administrative title (authorisation and soon registration) issued to the party responsible for the nuclear activity, after having informed the party concerned that it is entitled to submit observations within a given time, in order to comply with the exchange of views procedure. The texts also make provision for criminal infringements. This will for example be non-compliance with the provisions concerning the protection of workers exposed to ionising radiation, non-compliance with formal notice served by ASN, performance of a nuclear activity without the required administrative title. Infringements are written up in reports by the radiation protection inspectors and transmitted to the Public Prosecutor’s Office that decides on what subsequent action, if any, is to be taken. The Public Health Code makes provision for criminal penalties in Articles L.1337-5 to L.1337-9: these consist of a fine of from €3,750 to €15,000 and a term of imprisonment of six months to one year, depending on the gravity of the infringement, with additional penalties being possible for legal persons. 5.2.3 For noncompliance with Labour Law In the performance of their duties in NPPs, the ASN labour inspectors have at their disposal all the inspection, decision- making and enforcement resources of ordinary law inspectors (pursuant to Article R.8111-11 of the Labour Code). Observation, formal notice, administrative sanction, report, injunction (to obtain immediate cessation of the risks) or even stoppage of the works, offer the ASN labour inspectors a broad range of incentive and constraining measures. 5.2.4 2017 results concerning enforcement and sanctions As a result of infringements observed, the ASN inspectors (nuclear safety inspectors, for BNIs, the transport of radioactive substances or nuclear pressure equipment, labour inspectors and radiation protection inspectors) transmitted twelve infringement reports to the public prosecutor’s offices, five of which concerned labour inspections in the NPPs. ASN issued three administrative measures, including two formal notices against contractors and parties responsible for nuclear activities. An administrative fine was proposed by the labour inspectors. Table 10 shows the number of reports issued by the ASN inspectors since 2012. 6. Outlook In 2018, ASN intends to performabout 1,800 inspections in BNIs, of radioactive substances transport activities, activities involving the use of ionising radiation, organisations and laboratories that it has approved and activities related to pressure equipment. Further to the irregularities found in the manufacture of certain NPP equipment items, ASN has initiated a review of BNI licensee monitoring of their contractors and subcontractors. This review also concerned ASN’s monitoringmethods and alert mechanisms. In 2018, ASNwill actually implement the actions it has identified. In 2018, ASNwill be implementing the conclusions of its review of the reinforced effectiveness of the oversight of small-scale nuclear activities. Furthermore, the revision of the Labour Code and the Public Health Code will enable ASN to finalise the revision of the criteria and procedures for the notification of significant radiation protection events. In the field of environmental protection, ASN will continue with its regulatory work to implement the provisions of the TECV Act and the transposition to BNIs of the 24th November 2010 Directive 2010/75/EU on Industrial Emissions and the 4th July 2012 Directive 2012/18/EU concerningMajor Accidents involving hazardous substances. Together with the Ministry for Ecological and Solidarity-based Transition, ASNwill also restart work to revise the Order of 7th February 2012, more specifically to take account of recent changes to the general environmental regulations. TABLE 10: Number of infringement reports transmitted by the ASN inspectors between 2012 and 2017 2012 2013 2014 2015 2016 2017 Report excluding labour inspection in the nuclear power plants 12 26 15 14 7 7 Labour inspection report in the nuclear power plants 11 10 9 3 1 5