ASN Report 2015

190 / 536

There are provisions for protecting public safety and
commercial and industrial secrecy.
The right to information concerning nuclear safety and
radiation protection is today in force with regard to BNI
licensees and to those in charge of radioactive substances
transport operations, provided that the quantities are
higher than the thresholds set in the Act. The conditions
under which this right will be extended to other nuclear
activities that so warrant remain to be defined.
The Commission for Access to Administrative
Documents (CADA)
The procedures governing disputes following a refusal
to communicate information are similar to those of the
general regime for access to information concerning the
environment: in the event of refusal by a licensee to
communicate information, the applicant can refer the
matter to the Commission for Access to Administrative
Documents (CADA), an independent administrative
Authority, which gives its opinion on whether the refusal
is justified. Should the interested parties not follow
the opinion of the CADA, the dispute could be taken
before the administrative jurisdiction which would rule
on whether or not the information in question should
be communicated. ASN is heavily committed to the
implementation of this right.
The number of referrals to CADA still remains extremely
limited. ASN therefore continues to regularly encourage
the public to make use of this right to information.
2.2 Public consultation about
projected resolutions
Article 7 of the Environment Charter embodies the
right of participation of any citizen in the framing of
public decisions having an impact on the environment
(see chapter 3).
This provision is applicable to a large proportion of the
resolutions taken by ASN or in which it is involved.
2.2.1 Consultation of the general public
on draft statutory resolutions having an impact
on the environment
Article L. 120-1 of the Environment Code provides for a
procedure of public consultation via the Internet on draft
regulatory texts having an impact on the environment.
ASN has decided to apply this widely. Consequently,
all ASN draft statutory resolutions concerning BNIs,
including those relating to nuclear pressure equipment,
are considered as having an impact on the environment
and are therefore subject to public participation. The
same approach is applied for the statutory resolutions
relative to the transport of radioactive substances that ASN
adopts. ASN’s statutory resolutions relating to radiation
protection are also submitted to public participation if they
concern activities involving significant discharges into the
environment, producing a significant quantity of waste,
causing significant nuisance for the neighbourhood or
representing a significant hazard for the nearby residents
and the surrounding environments in the event of an
accident.
Lastly, although they are not of a statutory nature, ASN
applies this same procedure to certain guides.
An indicative list of the scheduled consultations on draft
statutory resolutions and guides having an impact on
the environment is updated every three months on the
website.
The public participation procedure consists in posting
the draft statutory resolution on for at least
21 days in order to give people time to make their
comments .
A synthesis of the remarks made, indicating those taken
into account and a document setting out the reasons for
the resolution are published on at the latest
on the date of publication of the resolution. During the
year 2015, three draft statutory resolutions and three
draft guides thus underwent public consultation.
ENERGY TRANSITION FOR GREEN
GROWTH ACT
This Act reinforces the licensees’ obligations regarding the
provision of information:
• People living near BNIs must now be regularly informed
at the licensee’s expense of the nature of accident risks,
the possible consequences, the safety measures and the
action to take (an equivalent system is already applicable
around hazardous industrial facilities that are subject to the
“Seveso” European Directive).
• The BNI licensees’ obligations to provide information shall
be extended to all aspects concerning public security, health
and safety and protection of nature and the environment.
190 CHAPTER 06: FROM INFORMATION TO TRANSPARENCY AND PUBLIC PARTICIPATION
ASN report on the state of nuclear safety and radiation protection in France in 2015