72 / 536
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.
Froma technical point of view, ASNrelies on the expertise
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 ondraft decrees andministerial Orders of
a regulatory nature dealing with nuclear safety as defined
in Article L.591-1 of the Environment Code.
It can issue statutory resolutions of a technical nature
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 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
Commissionarepublishedinits
OfficialBulletin
onitswebsite
(www.asn.fr).
Chapter 3 of this report describes ASN’s roles in the fields
of regulation and authorisation.
Control
ASNverifies compliancewith 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 inArticle L. 1333-1 of the PublicHealthCode
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.
Fromamong its staff, it appoints nuclear safety inspectors
and radiation protection inspectors.
It issues the required approvals to the organisations
participating in the verifications and in nuclear safety or
radiation protection monitoring, as well as with regard
to ESPNmonitoring.
Ordinance 2016-128 of 10th February 2016, issued
pursuant to authorisation by the Energy Transition for
GreenGrowthAct, reinforcesASN’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 andparticipating 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 or sub-
contractors and in the same conditions as within the
facilities themselves.
The sanctions commission set up within ASN will
determine the administrative fines in order to comply
with the principle of separationbetween the investigation,
charging and sentencing functions instituted in French
law and in international conventions with regard to the
right to a fair trial. Chapter 4 of this report describes ASN
actions in this field.
Emergency situations
ASN takes part in managing radiological emergency
situations. It provides technical assistance to the competent
Authorities for the drafting of emergency response plans,
taking account of the risks resulting fromnuclear activities.
When such an emergency situation occurs, ASN verifies
the steps taken by the licensee to make the facility safe.
It assists the Government with all matters within its field
of competence and submits its recommendations on the
medical or healthmeasures or civil protection steps to be
72
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