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2. THE STAKEHOLDERS
The organisation of the regulation of nuclear safety in
France complies with the Convention on Nuclear Safety,
Article 7 of which requires that
“Each Contracting Party
shall establish and maintain a legislative and regulatory
framework to govern the safety of nuclear installations”
and Article 8 of which requires that each Member State
“shall establish or designate a regulatory body entrusted
with the implementation of the legislative and regulatory
framework referred to in Article 7 and provided with adequate
authority, competence and financial and human resources to
fulfil its assigned responsibilities”
. These provisions were
confirmed by the European Directive of 25th June 2009
concerning nuclear safety, the provisions of which were
themselves reinforced by the amending Directive of
8th July 2014.
In France, the regulation of nuclear safety and radiation
protection is primarily the responsibility of three parties:
Parliament, the Government and ASN.
2.1 Parliament
Parliament’s principal role in the fieldof nuclear safety and
radiation protection is tomake laws. Twomajor acts were
therefore passed in 2006: the TSNAct of 13th June 2006,
on transparency and security in the nuclear field; and the
Programme Act of 28th June 2006, on the sustainable
management of radioactive materials and waste.
In 2015, Parliament adopted the Energy Transition for
Green Growth Act, an entire section of which is devoted
to nuclear matters (Title VI entitled
“Reinforcing nuclear
safety and information of the citizens”).
This Act reinforces
the framework which was created in 2006.
Like the other independent administrative authorities and
in application of the provisions of the Environment Code,
ASN makes regular reports on its activity to Parliament,
notably to the OPECST (Parliamentary Office for the
Evaluation of Scientific and Technological Choices) and
to the parliamentary commissions concerned.
The role of the OPECST is to inform Parliament of the
consequences of the scientific or technological choices so
that it can take informeddecisions; to this end, theOPECST
gathers information, implements study programmes and
conducts evaluations. ASNregularly reports on its activities
to the OPECST, particularly by submitting the annual
Report on the State of Nuclear Safety andRadiationProtection
in France
to it each year.
ASN also reports on its activities to the Parliamentary
Commission of the National Assembly and the Senate,
notablyon theoccasionof hearings heldby the commissions
responsible for the environment or economic affairs.
The exchanges between ASN and elected officials are
presented in more detail in chapter 6.
2.2 The Government
The Government exercises regulatory powers. It is
therefore in charge of laying down the general regulations
concerning nuclear safety and radiation protection.
The Environment Code also tasks it with taking major
decisions concerning BNIs, for which it relies on proposals
or opinions from ASN. The Government can also call
on consultative bodies such as the High Committee
for Transparency and Information on Nuclear Safety
(HCTISN).
The Government is also responsible for civil protection in
the event of an emergency.
2.2.1 Ministers responsible for Nuclear Safety
and Radiation Protection
On the advice of and, as applicable, further to proposals
from ASN, the Minister responsible for Nuclear Safety
defines the general regulations applicable to BNIs
and those concerning the construction and use of
Pressure Equipment (ESP) specifically designed for
these installations (ESPN).
Alsoon the advice of and, as applicable, further toproposals
from ASN, this same Minister takes major individual
decisions concerning:
•
thedesign, construction, operationanddecommissioning
of BNIs;
•
the design, construction, operation, closure and
decommissioning, aswell as the surveillanceof radioactive
waste disposal facilities.
If an installationpresents serious risks, the above-mentioned
Minister can suspend the operation of an installation on
the advice of ASN.
Furthermore, the Minister responsible for Radiation
Protection defines – on the basis of ASN proposals if
necessary – the general regulations applicable to radiation
protection.
The regulation of worker radiation protection is the
responsibility of the Minister for Labour.
The Ministers responsible for Nuclear Safety and for
Radiation Protection approve the ASN internal regulations
by means of an Interministerial Order. Each of them
also approves ASN technical statutory resolutions and
certain individual resolutions (setting BNI discharge
limits, delicensing a BNI, etc.) affecting their own
particular field.
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CHAPTER 02:
PRINCIPLES AND STAKEHOLDERS IN THE REGULATION OF NUCLEAR SAFETY AND RADIATION PROTECTION
ASN report on the state of nuclear safety and radiation protection in France in 2015