133. Federal law amending the Radiation Protection Act

The National Council has decided:

Federal Law on Measures for the Protection of the Life or Health of People, including their descendants, against damage caused by ionizing radiation (Radiation Protection Act-StrSchG), BGBl. No 227/1969, as last amended by the Federal Law BGBl. I No 106/2013, shall be amended as follows:

1 . In the table of contents, the entry is to § 36b:

" § 36b

Principles for the disposal of radioactive waste; National waste disposal programme "

2 . § 1 (5) and (6) are:

" (5) The following directives are transposed into Austrian law by this federal law:

1.		Directive 2003 /122/Euratom on the control of highly radioactive enclosed radiation sources and non-herrenless radiation sources, OJ L 206, 22.7.2003, p. No. OJ L 346, 31.12.2003, p. 57;
2.		Directive 97 /43/Euratom on the protection of the health of persons against the dangers of ionizing radiation in the event of medical exposure and repealing Directive 84 /466/Euratom, OJ L 73, 27.3.1997, p. No. OJ L 180, 09.07.1997 p. 22;
3.		Directive 96 /29/Euratom laying down the basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation, OJ L 206, 22.7.1996, p. No. OJ L 159, 29.06.1996 p. 1;
4.		Directive 92/3/Euratom on the supervision and control of shipments of radioactive waste from one Member State to another, to the Community and from the Community, OJ L 206, 22.7.1992, p. No. OJ L 35 of 12.02.1992 p. 24;
5.		Directive 90 /641/Euratom on the protection of external workers exposed to exposure to ionizing radiation in use in the control sector, OJ L 136, 31.7.1990, p. No. OJ L 349, 13.12.1990 p. 21;
6.		Directive 2011 /70/Euratom on a Community framework for the responsible and safe management of spent fuel and radioactive waste, OJ L 206, 22.7.2011, p. No. OJ L 199, 02.08.2011 p. 48;
7.		Directive 2013 /59/Euratom laying down basic safety standards for the protection against the dangers of exposure to ionising radiation and repealing Directives 89 /618/Euratom, 90 /641/Euratom, 96 /29/Euratom, 97 /43/Euratom and 2003 /122/Euratom, OJ No. No. OJ L 13 of 17.01.2014 p. 1;
8.		Directive 2001 /42/EC on the assessment of the effects of certain plans and programmes on the environment, OJ L 197, 21.7.2001 No. OJ L 197 of 21.07.2001 p.

(6) In addition, the competent authorities and the criminal framework shall be established in accordance with Article 4 of Regulation (Euratom) No 1493/93 on the movement of radioactive substances between Member States, OJ L 143, 30.4.1993, p. No. OJ L 148 of 19.06.1993 p. 1.

3. § 2 (3) reads:

"(3)" disposal "shall include all activities aimed at ensuring that radioactive waste cannot cause exposure of persons who are not disregarded in the context of radiation protection."

4. According to Article 2 (7), the following paragraph 7a is inserted:

'(7a)' radioactive waste management ' means all activities relating to the processing, conditioning, intermediate storage or disposal of radioactive waste, except for the transport outside the site. In doing so, the storage of conditioned radioactive waste with the intention of recovery as a temporary storage shall be referred to without the intention of a recovery as a final storage. "

5. In § 17 para. 1a Z 1 lit. b and § 41 para. 1 Z 1 lit. b becomes the phrase "Treatment, conditioning, interim storage and disposal" in each case by the word "Disposal" replaced.

6 . § 29 becomes f o I g e nd He Abs . 2 ang efü g t:

"(2) External workers must be given the same protection as those employed on a permanent basis by the holder of the authorization."

§ 36b and headline reads:

" Principles for the disposal of radioactive waste; National disposal programme

§ 36b. (1) The Republic of Austria shall bear the ultimate responsibility for the safe disposal of radioactive waste which has been produced in its territory. This also applies when radioactive waste is spent on processing or reprocessing to another state.

(2) In the case of waste treatment and disposal, the possibilities for cooperation with other Member States of the European Union or States which are the Joint Convention on the Safety of Spent Fuel Management and on the safety of the treatment of radioactive waste, BGBl. III No 169/2001, have ratified it.

(3) Operators of research reactors have to ensure that no spent fuel Fuel elements are produced for disposal in Austria.

(4) The holder of the authorization and the authorities shall act on the management of radioactive waste in accordance with the following principles:

1.		The waste of radioactive waste is limited to the reasonably achievable minimum level of activity and volume.
2.		The interdependencies of the individual steps involved in the formation and disposal of radioactive waste are taken into account.
3.		Radioactive waste will be safely disposed of; in the long term, the aspects of passive safety must also be taken into account.
4.		The implementation of measures shall be carried out on the basis of a risk-based approach.
5.		A fact-based and documented decision-making process is applied in all steps of the management of radioactive waste.
6.		The cost of the management of radioactive waste is borne by those who have produced it.

(5) The Federal Government has to draw up a national programme for the management of radioactive waste, taking into account the principles set out in paragraph 4 above (National Waste Management Programme). The Federal Minister for Agriculture, Forestry, Environment and Water Management has the coordination to implement.

(6) The National Waste Management Programme shall state how the national strategy for the responsible and safe disposal of radioactive waste is to be implemented, and shall include the following:

1.		the overall objectives of the national strategy for the management of radioactive waste;
2.		the relevant intermediate stages and clear timetables for the achievement of these intermediate stages, in accordance with the overall objectives of the National Waste Management Programme;
3.		an inventory of all radioactive waste, as well as estimates of future quantities, including decommissioning; the inventory must include the location and the quantity of radioactive waste according to a classification by international clear standards;
4.		the concepts or plans and technical solutions for the management of radioactive waste from generation to final disposal;
5.		the research, development and demonstration activities required in order to implement solutions for the management of radioactive waste;
6.		the responsibility for the implementation of the National Waste Management Programme and the performance indicators for monitoring progress in implementation;
7.		an estimate of the cost of the implementation of the National Waste Management Programme, as well as the baseline and hypotheses on which this estimate is based, including a representation of the time profile;
8.		the existing financing arrangements;
9.		a transparency policy or a transparency procedure to involve the public, in particular as regards the implementation of the National Waste Management Programme;
10.		where appropriate, concluded public contracts for the management of spent fuel and radioactive waste, including the use of disposal facilities; and
11.		the concepts or plans for the period after the closure within the lifetime of the plant for disposal, including the period during which appropriate controls are maintained, and the measures provided for in order to ensure that the knowledge of the installation is maintained. in the longer term.

(7) The National Waste Management Programme may be contained in a document or in a number of documents.

(8) An environmental assessment is to be carried out for the National Waste Management Programme. The environmental assessment is carried out with the appropriate application of Section 8a (4) to (7) in conjunction with Annex 7, Part 2 of the Waste Management Act 2002 (AWG 2002), BGBl. I No 102/2002. The draft of the National Waste Management Programme is to be made available to the public at the same time as the environmental report according to Article 8a (5) of the AWG 2002. The social partners shall be informed in writing of the opinion. In the case of cross-border consultations, Section 8b of the AWG 2002 shall apply mutatily, including, where appropriate, third countries.

(9) For minor changes to the National Disposal Programme, Section 8a (2) and (3) in conjunction with Annex 7, Part 1, AWG 2002, shall apply mutafictily. If no environmental assessment is carried out, the draft on the amendment of the National Disposal Programme is available to the public via the website of the Federal Ministry of Agriculture, Forestry, Environment and Water Management. This is to be made known in two widely used daily newspapers. The notice shall indicate that any person may deliver an opinion within six weeks from the date of the notice to the Federal Minister for Agriculture, Forestry, the Environment and Water Management. The opinions received should be taken into account in the change in the National Waste Management Programme. The amended National Waste Management Programme is to be published on the website of the Federal Ministry for Agriculture, Forestry, Environment and Water Management.

(10) The Federal Government shall review and update the National Waste Management Programme on a regular basis, including, where appropriate, scientific and technical progress, as well as recommendations, experiences and best practices arising from the Tests carried out by experts, take into account. "

8. In Section 36c (2), the word shall be: "Disposal" in each case by the word "End Storage" replaced.

9. The following paragraphs 6 and 7 are added to § 36c:

" (6) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to lay down, by means of a regulation, the other measures to be taken in accordance with the National Waste Management Programme for the safe disposal of radioactive waste. , in particular

1.		the requirements for the safe handling of such waste in respect of the polluters of radioactive waste,
2.		in which form of radioactive waste can be removed, and
3.		The requirements for the operation of installations for the management of radioactive waste are to be met.

(7) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has adopted more detailed provisions for the supervision and control of transboundary movements of radioactive waste and spent fuel elements by regulation. "

10. The following paragraph 6 is added to § 38b:

" (6) The Federal Minister for Agriculture, Forestry, Environment and Water Management has to draw up and regularly update a national radon action plan with the aim of reducing the risk of radon in indoor environments. The action plan shall take account of the points set out in Annex XVIII of Directive 2013 /59/Euratom. "

11. In § 39 paragraph 2 Z 7, the quote "§ 36b (1)" by quoting "§ 36c (6) or (7)" replaced.

12. In Section 41 (1), the phrase "Enforcement of Parts I to III" through the phrase "Enforcement of Parts I to IIIb" replaced.

(13) The following paragraph 7 is added to § 42:

" (7) The table of contents, § § 1 (5) Z 5 to 8, 2 para. 3 and 7a, 17 para. 1a Z 1 lit. b, 29 para. 2, 36b including title, 36c para. 2, 6 and 7, 38b para. 6, 39 para. 2 Z 7, 41 para. 1 as well as 43 para. 7 and 8 in the version of the Federal Law BGBl. I No. 133/2015 will enter into force with xx.xx.2015. "

14. In § 43, paragraph 7 receives the sales designation "(8)" ; the following paragraph 7 is inserted:

"(7) with regard to § 36b (5) and (10) the Federal Government,"

Fischer

Faymann