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In 2015, ASN issued 248 approvals or approval renewals.
As at 1st January 2016, the total number of approved
laboratories stood at 61, representing 864 currently valid
approvals of all types (in 2015, one laboratory requested
the suspension of its previously held approvals).
The detailed list of approved laboratories and their scope
of technical competence is available on
www.asn.fr.
5. IDENTIFYING AND PENALISING
DEVIATIONS
5.1 Ensuring that penalty decisions
are fair and consistent
In certain situations inwhich the licensee fails to conform
to the regulations or legislation, or when it is important
that appropriate action be taken by it to remedy themost
serious riskswithout delay, ASNmay impose the penalties
provided for by law. The principles of ASN’s actions in
this respect are:
•
penalties that are impartial, justifiedandappropriate to the
level of riskpresentedby the situation concerned. Their
scale is proportionate to the health and environmental
consequences associated with the deviation detected
and also takes account of intrinsic factors relating to
the behaviour of the party at fault and external factors
relating to the context of the deviation.
•
administrative action initiated on proposals from the
inspectors and decided on by ASN in order to remedy
risk situations and non-compliance with the legislative
and regulatory requirements as observed during its
inspections.
ASN has a range of tools at its disposal, in particular:
•
remarks made by the inspector to the licensee;
•
the official letter fromtheASNdepartments to the licensee
(inspection follow-up letter);
•
formal notice from ASN to the licensee to regularise
its administrative situation or meet certain specified
conditions, within a given time-frame;
•
administrative penalties applied after formal notice.
In addition to ASN’s administrative actions, reports
can be drafted by the inspector and sent to the Public
Prosecutor’s Office.
The decision to take enforcement measures is based on
the observed risk for people or the environment and takes
account of factors specific to the licensee (history, behaviour,
repeated nature of the problem), contextual factors and
the nature of the infringements observed (violation of
regulations, standards, “rules of good practice”, etc.).
5.2 An appropriate policy
of enforcement and sanctions
5.2.1 For the BNI licensees and entities responsible
for the transport of radioactive substances
When ASN observes breaches of compliance with safety
regulations, penalties can be imposed on the licensees, if
necessary after formal notice has been served.
If an infringement is observed, the Environment Code
comprises graduated administrative penalties that become
applicable after formal notice, as defined in its Articles
L. 596-14 to L. 596-22:
•
deposit in the hands of a public accountant of a sum
covering the total cost of the work to be performed;
•
have theworkor prescribedmeasures carriedoutwithout
consulting the licensee and at its expense (any sums
depositedbeforehand canbe used to pay for thiswork);
•
suspension of the functioning of the installation or of
performance of the operation (restart for example) until
the licensee has brought it into conformity.
If the licenseehas anyobservations concerning thepenalties
it shall present them to the ASNCommission before they
are applied.
THE ENERGY TRANSITION
FOR GREEN GROWTH ACT
ASN is given increased powers
of inspection and sanction
The 17th August 2015 Energy Transition for Green Growth Act
provides for a reinforcement of ASN’s oversight resources and
powers of sanction.
Through the Ordinance of 10th February 2016, the following
provisions were added to ASN’s administrative sanctions, giving
its inspectors more graduated power of inspection and sanction:
• payment of a maximum daily fine of €15,000;
• payment of a maximum administrative penalty of
€10 million.
This same Ordinance created a sanctions committee responsible
for ruling on the administrative penalties. It comprises four
members who neither sit on the ASN Commission nor are part
of its departments, in order to comply with the principle of
separation between investigating and sentencing powers.
ASN’s policing powers have been expanded to activities
important for the protection of individuals and the environment
performed outside BNIs by the licensee, its suppliers, contractors
or subcontractors.
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CHAPTER 04:
REGULATION OF NUCLEAR ACTIVITIES AND EXPOSURE TO IONISING RADIATION
ASN report on the state of nuclear safety and radiation protection in France in 2015