133. Federal law that modifies the radiation protection act
The National Council has decided:
The Federal Act on measures for the protection of life or health of people including her offspring from damage caused by ionizing radiation (radiation protection act - StrSchG), Federal Law Gazette No. 227/1969, amended by Federal Law Gazette I no. 106/2013, is amended as follows:
1. in the table of contents, the entry for section 36 is b:
"§ 36b principles for the disposal of radioactive waste;" National waste management programme"2. Article 1, par. 5 and 6 are:
"(5) by this federal law following directives are transposed into Austrian law:"
1. Directive 2003/122/Euratom on the control of high-activity sealed radioactive sources and orphan sources, OJ No. L 346 of 31.12.2003 p. 57;
2. Directive 97/43/Euratom on health protection of individuals against the dangers of ionizing radiation in medical exposure, and repealing Directive 84/466/Euratom, OJ No. L 180 of the 09.07.1997 S. 22;
3. Directive 96/29/Euratom laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiations, OJ No. L 159 of the 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, in the community and from the community, OJ No. L 35 of the 12.02.1992 S. 24;
5. Directive 90/641/Euratom on the protection of external workers who are exposed to a hazard of ionizing radiation for use in the Control Panel, OJ No. L 349 of the 13.12.1990 S. 21;
6. 2011/70/Euratom directive on a Community framework for responsible and safe disposal of spent nuclear fuel and radioactive waste, OJ No. L 199 of the 02.08.2011 S. 48;
7 Directive 2013/59/Euratom laying down basic safety standards for protection against the hazards of exposure of to ionising radiation and to repealing directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom, OJ No. L 13 of the 17.01.2014 p. 1;
8 Directive 2001/42/EC on the assessment of the environmental effects of certain plans and programmes, OJ No. L 197 of the 21.07.2001 p. 30.
(6) Furthermore, are the competent authorities and of the penalties referred to in article 4 of Regulation (Euratom) No. of 1493/93 on shipments of radioactive substances between Member States, OJ No. L 148 of the 19.06.1993 S. 1, determined."
3. paragraph 2 subsection 3:
"(3) includes"Eliminating"all activities aimed at that radioactive waste can cause no exposure of individuals more, is to leave in connection with the radiation protection cannot."
4. According to section 2 paragraph 7, the following paragraph 7a is inserted:
"(7a)"Radioactive waste"are all of the activities related to the processing, conditioning, storage or final disposal of radioactive waste, except the carriage outside of the site. This storage is conditioned radioactive wastes with the intention of a return as temporary storage, those referred to as nuclear waste disposal without the intention of retrieval."
5. in article 17, para 1a subpara 1 lit. b and § 41 para 1 subpara 1 lit. (b) is replaced the phrase "Treatment, conditioning, storage and disposal" separated by the word "Waste".
6 the following paragraph 2 is added to in section 29:
"(2) external workers must receive the same protection as workers employed by the holder of the authorization in the long term."
7 paragraph 36b together with the heading:
"Principles for the disposal of radioactive waste; National waste management programme
§ are 36 b (1) that has the Republic of Austria to bear the ultimate responsibility for the safe management of radioactive waste produced in their territory. The same applies if radioactive waste for processing or reprocessing in another State.
(2) if the waste treatment and disposal, the possibilities of cooperation with other European Union Member States or States which no. 169/2001, have ratified the Joint Convention on the safety of spent fuel management and on the safety of radioactive waste management, BGBl. III, to consider.
(3) operators of research reactors have to ensure that no spent fuel for disposal in Austria apply.
(4) the holder of the authorization and the authorities are following principles to proceed regarding the management of radioactive waste:
1. the seizure of radioactive waste is limited to the minimum reasonably feasible in terms of activity and volume.
2. the interdependence of the individual steps in the formation and management of radioactive waste are taken into account.
3. radioactive waste be disposed of safely; also the aspects of passive safety to consider are long term.
4. the implementation of measures according to a concept that is graded according to the degree of risk.
5. in relation to all steps of the management of radioactive waste, an evidence-based and documented decision process will be applied.
6. the cost of the disposal of radioactive waste carried by those that have produced them.
(5) the Federal Government has a national programme for the management of radioactive waste, taking into account the principles set out in paragraph 4 (national disposal program) to create. The Federal Minister for agriculture and forestry, environment and water management has carried out the coordination.
(6) the national waste management programme has to explain how the national strategy for a responsible and safe disposal of radioactive waste is to be implemented, and include the following content:
1. the overall objectives of the national strategy for the management of radioactive waste;
2. the relevant milestones and clear timetables for the achievement of these intermediate stages in accordance with the overarching goals of the national of waste management programme;
3. an inventory of all radioactive wastes, as well as estimates of future sets, also from the decommissioning; the location and the amount of radioactive waste in accordance with a classification must emerge from the inventory clearly according to international standards;
4. the concepts or plans and technical solutions for the disposal of radioactive waste from the production to the final disposal.
5. the research, development, and demonstration activities that are required to implement solutions for the disposal of radioactive waste;
6. the responsibility for the implementation of the national of waste management programme and the key performance indicators for the monitoring of progress in implementation;
7. an assessment of the costs for the implementation of the national of waste management programme, as well as starting point and assumptions on which this assessment is based, including a presentation of the temporal profile;
8. the current funding arrangements;
9. a transparency policy or a transparency procedure on the participation of the public, in particular as regards the implementation of the national of waste management programme;
10. where appropriate, state contracts over the disposal of spent fuel and radioactive waste, including the use of facilities for nuclear waste disposal; as well as 11 the concepts or plans for the period after the closure within the lifetime of the plant for nuclear waste disposal, including the period in the appropriate controls continue, as well as the measures envisaged, to the knowledge of the system in the long term to preserve.
(7) the national waste management programme can be contained in a document or multiple documents.
(8) for the national waste management programme is perform an environmental assessment. The environmental assessment is by way of analogous application of § 8a para 4 to 7 in conjunction with Annex 7 part 2 of the waste management act of 2002 (AWG 2002), Federal Law Gazette I no. 102/2002. The draft of the national of waste management programme is at the same time with the environmental report in accordance with Article 8a, paragraph 5 AWG 2002 make available to the public. The social partners are writing on the possibility of opinion noted. For cross-border consultations, § 8 comes b AWG 2002 mutatis mutandis to the application and, where appropriate, third countries involving.
(9) for minor changes of the national of waste management programme section 8a, paragraph 2 and 3 in conjunction with Annex 7 is part of apply 1 AWG 2002 accordingly. If an environmental assessment is carried out, is the draft relating to the modification of the national of waste management programme of the public on the Internet site of the Federal Ministry of agriculture and forestry, to make available environmental and water management; This is to make two popular newspapers. In the notice, it is pointed out that any person within six weeks from the notice at the Federal Ministry of agriculture and forestry, environment and water management can give an opinion. The comments received are the change of the national of waste management programme to take into account. The revised national waste management programme is on the website of the Federal Ministry of agriculture and forestry, to publish environmental and water management.
(10) the Federal Government reviewed and the national disposal program regularly updated, taking account of, where appropriate, the scientific and technical progress, as well as recommendations, experiences and good practices arising from the inspections by experts."
8. in section 36 c para 2 is substituted the word "Elimination" with the word "Disposal".
9. the section 36 c be attached following paragraph 6 and 7:
"(6) the Federal Minister for agriculture and forestry, environment and water management shall by Regulation specify what other measures in accordance with the national for the purpose of safe management of radioactive waste disposal program are, in particular
1 are to provide what requirements for the ' polluter pays ' radioactive waste relating to the safe handling of this waste are to, 2. form in which radioactive waste can be eliminated and 3. What requirements for the operation of facilities for the disposal of radioactive waste.
(7) the Federal Ministry of agriculture and forestry, environment and water management shall by regulation to adopt detailed provisions for the monitoring and control of transboundary movements of radioactive waste and spent fuel management."
10 b is added the following paragraph 6 the section 38:
"(6) the Federal Minister for agriculture and forestry, environment and water management has to create a national radon action plan and regularly to update, with the aim to reduce the risk of radon indoors. The action plan has the points listed in annex XVIII of the 2013/59/Euratom directive to take into account."
11. in § 39 para 2 Z 7 is the quote "§ 36 b paragraph 1" by the quote "section 36 c paragraph 6 or 7" replaced.
12. in article 41, paragraph 1, the phrase "Enforcement of parts I to III" is replaced by the phrase "Enforcement of parts I-IIIb".
13 the following paragraph 7 is added to § the 42:
"(7) the table of contents, that sections 1 para 5 No. 5 to 8, 2 para 3 and 7a, 17 para 1a Z 1 lit. "b, 29 par. 2, 36B with heading, 36c, para. 2, 6 and 7, 38b para of 6, 39 para 2 Z 7, 41 para 1 as well as 43 paragraph 7 and 8 in the version of Federal Law Gazette I no. 133/2015 contact xx.xx. 2015 in force."
14. in section 43 paragraph 7 receives the sales designation (8); the following paragraph 7 is added:
"(7) with regard to paragraph 36 (b) paragraph 5 and 10 the Federal Government"