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2.3 European Nuclear Safety

Regulators Group (ENSREG)

ASNplays an active part in the work of ENSREG, which

supports the EuropeanCommission’s European legislation

initiatives. Four working groups were created, devoted

to the safety of installations, to the safe management

of radioactive waste and of spent fuel, to transparency

in the nuclear sector and to international cooperation

(outside the European Union).

On 26th April 2012, one year after the Fukushima

Daiichi accident, a joint statement by ENSREG and the

European Commissionmarked the end of the stress tests

conducted on the EuropeanNuclear Power Plants (NPP).

This statement emphasised the need to implement an

overall action plan to make sure that these stress tests

are followed by improvements to safetymeasures, at the

national level, and that thesemeasures are implemented

in a consistent manner.

This ENSREGoverall actionplanmore specifically required

that the nuclear safety regulator of eachmember country

publish a national action plan by the end of 2012, with

each of them being assessed during a seminar bringing

together the safety regulators concerned. This seminar

took place in April 2013. A further exercise to follow

up the recommendations of the stress tests was carried

out in 2015.

The safety regulatorswere thus urged to update their action

plans by the end of 2014 in preparation for a European

peer review, which ended with a seminar organised by

ENSREG in the spring of 2015.

ENSREGalso organised the third edition of theConference

on Nuclear Safety in Europe in Brussels, on 29th and

30th June 2015. This conference reviewed the current

state of safety in Europe.

2.4 The European Directive

on the Safety of nuclear installations

TheCouncil 2009/71/EuratomDirective of 25th June 2009

aims to establish aCommunity framework to ensure nuclear

safety within the European Atomic Energy Community

and to encourage theMember States to guarantee a high

level of nuclear safety.

The European Union has thus remedied the absence of

European nuclear safety legislation. This has the advantage

ofmaking its provisions binding through their transposition

into the legislation of the 28 Member States.

On 22nd July 2011, France complied with its directive

transposition obligations.

As requiredby the 2009Directive, France sent the European

Commission a first national report on the implementation

of the directive in late July 2014. The preparation of

this national report was entrusted to ASN. In addition

to ASN, this involved the main French administrations

concerned, as well as the licensees of the nuclear facilities

targeted by the Directive (in particular NPP reactors, fuel

cycle facilities and research reactors).

Under the mandate given by the heads of State and

Governments in March 2011, asking the European

Commission to look at the necessary changes to the

European safety legal framework following the Fukushima

Daiichi accident, it stated that it intended to propose a

revision of the 2009 directive and to involve ENSREG

in this process in early 2013.

During the negotiations inBrussels, ASN issued an opinion

expressing its satisfaction with the clear progress with

respect to the existing Directive of 25th June 2009.

ASN stressed the following points:

strengthening the provisions concerning transparency

and involvement of the public;

definition of safety objectives for nuclear facilities,

covering all steps in their operation and taking account

of the conclusions of the last meeting of the contracting

parties to the Nuclear Safety Convention;

obligation to conduct ten-yearly periodic safety reviews

of the facilities, which is one of the recommendations

to come out of the European stress tests conducted

following the Fukushima Daiichi accident.

ASNhowever underlined the fact that the newEuropean

nuclear safety framework, which the European Council

and Parliament wanted to see implemented, could only

be truly successful in the long run if this framework:

avoids creating any ambiguity concerning responsibility

for the oversight of nuclear safety;

further reinforces the institutional independence of

the safety regulators, over and above the functional

separation, with these regulatorsmore specifically being

legally independent from the authorities in charge of

energy policy;

were tomake provision for a joint mechanism in Europe

for reviewing safety problems, under the responsibility

of the safety regulators, with peer reviewandmonitoring

and with the results being made public;

were to ensure the consistency of the measures taken

by the Member States for managing a radiological

emergency situation in Europe.

The revised European Union Directive was adopted on

8th July 2014 and took account of the vast majority of

the text improvements pointed out by ASN. It makes

provision for increased powers and independence of

the national safety regulators, sets an ambitious safety

objective for the entire Union (based on the baseline

safety requirements used by WENRA) and establishes

a European system of peer reviews on safety topics (fire

risk and flooding for example). It also establishes national

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CHAPTER 07:

INTERNATIONAL RELATIONS

ASN report on the state of nuclear safety and radiation protection in France in 2015