ASN Report 2017

69 ASN report on the state of nuclear safety and radiation protection in France in 2017 Chapter 02  - The principles of nuclear safety and radiation protection and the regulation and oversight stakeholders 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. 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 whichmanage the State’s services at the local level. These services are placed under the authority of the Prefects. ASNmaintains close relations with the Regional Directorates for the Environment, Planning andHousing (Dreal), the Regional and Interdepartmental Directorate for the Environment and Energy (Driee), the Regional Directorates for Enterprises, Competition, Consumer affairs, Labour and Employment (Direccte) 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 are involved in the various procedures presented in chapter 3. In particular, they send the Minister their opinion on the report and on the conclusions of 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. 2.3 ASN The Nuclear Safety Authority (ASN), created by the TSN Act, is an independent administrative Authority which takes part in regulating nuclear safety, radiation protection and the nuclear activities mentioned in Article L. 1333-1 of the Public Health Code. Its roles are to regulate, authorise, monitor and support the public authorities in the management of emergency situations and to contribute to information of the public and transparency within its fields of competence. ASN is run by a Commission of Commissioners and has departments placed under the authority of its Chairman. From a technical point of view, ASN relies on the analysis and expert assessment with which it is provided, notably by IRSN and by the Advisory Committees of Experts (GPEs). 2.3.1 Role and duties Regulation ASN is consulted on draft decrees and Ministerial Orders of a regulatory nature dealing with nuclear safety as defined in Article L.591-1 of the Environment Code. It can issue technical regulations to complete the implementing procedures for decrees and orders adopted in the nuclear safety or radiation protection field, except for those relating to occupational medicine. These resolutions must be approved by the Minister responsible for Nuclear Safety or the Minister responsible for Radiation Protection. Approval orders and approved resolutions are published in the Official Journal . Authorisation ASN reviews BNI authorisation or decommissioning applications, issues opinions and makes proposals to the Government concerning the decrees to be issued in these fields. It authorises significant modifications to a BNI. It defines the requirements applicable to these installations with regard to the prevention of risks, pollution and detrimental effects. It authorises commissioning of these installations and pronounces delicensing following completion of decommissioning. Some of these ASN resolutions require approval by the Minister responsible for Nuclear Safety. ASN issues the licenses, carries out registration and receives the notifications provided for in the Public Health Code concerning small-scale nuclear activities and issues licenses or approvals for radioactive substances transport operations. The ASN resolutions and opinions defined by its Commission are published in its Official Bulletin on its website ( www.asn.fr ). Chapter 3 of this report describes ASN’s roles in the fields of regulation and authorisation. Monitoring ASN verifies compliance with the general rules and specific requirements for nuclear safety and radiation protection applicable to BNIs, to the pressure equipment designed specifically for such facilities and to the transport of radioactive substances. It also regulates the activities mentioned in Article L. 1333-1 of the Public Health Code and the ionising radiation exposure situations defined in Article L.1333-3 of the same Code. ASN organises a permanent radiation protection watch throughout the national territory. From among its staff, it appoints nuclear safety inspectors and radiation protection inspectors. 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 10th February 2016, issued pursuant to the TECV Act, reinforces ASN’s regulatory and sanction powers and broadens the scope of its competences. The effect of ASN’s reinforced regulation, policing and sanction powers will be to improve the effectiveness of the regulation of nuclear safety and radiation protection. These policing and sanction 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