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Change Of The General Regulation Of Radiation Protection And The Radioactive Waste Shipment Regulation 2009

Original Language Title: Änderung der Allgemeinen Strahlenschutzverordnung und der Radioaktive Abfälle-Verbringungsverordnung 2009

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Regulation of the Federal Minister for Agriculture, Forestry, the Environment and Water Management, with which the General Radiation Protection Ordinance and the Radioactive Waste-Shipments Regulation 2009 will be amended

Pursuant to Section 36b (1) of the Radiation Protection Act, BGBl. No 227/1969, as last amended by the Federal Law BGBl. I No 106/2013, shall be arranged:

Article 1

Amendment of the General Radiation Protection Regulation

The regulation on general measures for the protection of persons against damage caused by ionizing radiation (General Radiation Protection Ordinance, AllgStrSchV), BGBl. II No 191/2006, as amended by the BGBl Regulation. II No 76/2012, shall be amended as follows:

1. In the table of contents, after the entry to § 42 the following entry is inserted:

" § 42a.

Education and training in the field of waste disposal facilities "

2. In the table of contents, the following entry is inserted after the entry in section 79:

" 6. Installations for the management of radioactive waste

§ 79a.

General provisions

§ 79b.

Establishment of a treatment facility

§ 79c.

Operating organization of a treatment plant

§ 79d.

Operational safety of a treatment plant

§ 79e.

Operational Report

§ 79f.

Recording and reporting obligations

§ 79g.

Decommissioning concept for a treatment plant

§ 79h.

End Camp "

3. In § 1 Abs 3 Z 4, at the end of the sentence, the point shall be replaced by an atch.

4. In accordance with Section 1 (3) Z 4, the following Z 5 is added:

" 5.

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. "

5. In accordance with § 42, the following § 42a is inserted:

" Education and training in the area of waste disposal facilities

§ 42a. (1) The radiation protection officers to be ordered for the operation of disposal facilities pursuant to Section 79a (1) shall have the successful conclusion

1.

an education of relevant scientific or technical direction at a university or university of applied sciences,

2.

a radiation protection training in accordance with Appendix 8, provided that the person concerned has not already completed, in the course of the training referred to in Z 1, a lesson on the areas listed in Annex 8, and

3.

training for the activities in disposal facilities in accordance with Appendix 16

Proof.

(2) The persons responsible for the operation of waste disposal facilities with the exercise of radiation protection shall have the successful conclusion

1.

an education of relevant scientific or technical direction at a university or university of applied sciences or at a vocational higher education institution,

2.

a radiation protection training in accordance with Appendix 8, provided that the person concerned has not already completed, in the course of the training referred to in Z 1, a lesson on the areas listed in Annex 8, and

3.

Training for the activities in waste disposal facilities according to Appendix 16

Proof.

(3) For persons who have completed training in accordance with paragraphs 1 and 2 abroad, it must be shown separately that the person in question has sufficient knowledge of the Austrian radiation protection regulations.

(4) In addition, persons responsible for radiation protection and other persons responsible for the exercise of radiation protection shall have an employment of at least two years in which a sufficient practical experience for the persons responsible for the protection of radiation shall be provided for at least two years. The relevant activity could be acquired and a comprehensive knowledge of the radiation protection of the plant in which the activity is to be taken up.

(5) Radiation protection officers and other persons responsible for the exercise of radiation protection shall have the successful participation in training courses on the subject areas referred to in Annexes 8 and 16 to the extent of at least 40 hours, of which at least 20 hours in the specialist areas of Appendix 16, at intervals of not more than 5 years. The Authority shall, if proof of participation in the training events is not or not fully, be subject to recognition or to prescribe appropriate conditions for the continued existence of recognition. "

6. In Section 43a (1), the quote shall be "§ § 42 or 43" by quoting "§ § 42, 42a or 43" replaced.

7. In Section 75 (1) Z 2, the phrase shall be: "Conditioning and proper storage" by the word "Disposal" replaced.

8. In § 75, para. 2 to 5 are given the names "(3)" to "(6)" ; in accordance with paragraph 1, the following paragraph 2 is inserted:

Disposal of radioactive waste is all activities related 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 is designated with the intention of recovery as an interim storage and without the intention of a recovery as a final storage. "

9. In the case of Section 75 (5), the reference to paragraph 3 shall be replaced by " 4 " replaced.

10. In the case of § 75 para. 5 Z 2, the word shall be "Disposal" by the word "Disposal" replaced.

11. § 75 (5) Z 2 lit. c is:

" (c)

by the delivery to a treatment facility within the meaning of section 79a (2) Z 1 or "

12. In § 76 (1) the word order shall be "the body responsible for the conditioning and interim storage until the later disposal" through the phrase "the disposal facility within the meaning of section 79a (1)" replaced.

13. In § 77 (1) (1) (1), the phrase "officially approved facility for conditioning or recovery" through the phrase "Treatment facility as defined in § 79a (2) Z 1" replaced.

14. In Section 78 (1), the phrase "as an institution commissioned pursuant to Section 36c (1) of the StrSchG" through the phrase "as a treatment facility within the meaning of section 79a (2) Z 1" replaced.

15. In Section 78 (4), the phrase "with an officially approved facility for conditioning" through the phrase "with a disposal facility within the meaning of section 79a (1)" replaced.

16. In § 79, paragraph 1, last sentence, the word order "at the location of the waste disposal facility" through the phrase "due to disposal as inactive waste" replaced.

17. In § 79 (6) the word order is deleted "immediately before disposal" .

18. In accordance with § 79, the following 6. Section inserted:

" 6. Section

Installations for the management of radioactive waste

General provisions

§ 79a. (1) The disposal of radioactive waste in Austria within the meaning of section 75 (2) may only be carried out in waste disposal facilities commissioned by the Federal Minister for Agriculture, Forestry, the Environment and Water Management in accordance with Section 36c (1) of the StrSchG.

(2) In the case of these disposal facilities, a distinction is made between:

1.

Treatment plants are installations whose main purpose is the acquisition, collection, sorting, processing, conditioning and interim storage of radioactive waste; and

2.

End-of-life storage facilities, the main purpose of which is the final storage of radioactive waste.

(3) Facilities in the case of waste causing the collection, categorisation or temporary storage of the radioactive waste produced in the company's own plant shall not be considered as disposal facilities.

(4) The holder of a disposal facility shall make available to the public information about the disposal activities carried out in the plant in a suitable form.

(5) The authority responsible for disposal installations shall provide information on its activities to the public.

Establishment of a treatment facility

§ 79b. (1) The site search for the erection of a treatment plant must be carried out in accordance with the state of the art. This applies in particular to the selection and evaluation of the site, including the underlying criteria, as well as the evaluation of external sites-related hazards, in particular meteorological, hydrological, geological, geophysical or anthropogenic influences, as well as the assessment of the impact of the planned plant on the environment and the population. The IAEA Safety Standard, WS-G-2.5: Predisposal Management of Low and Intermediate Level Radioactive Waste, Vienna 2003, is to be used as a reference for the state of the art.

(2) The treatment plant shall be interpreted in accordance with the state of the art. This relates in particular to the safety-related requirements for the design. The IAEA Safety Standard, WS-G-2.5, is to be used as a reference for the state of the art.

(3) The construction must be carried out according to the state of the art. The IAEA Safety Standard, WS-G-2.5, as well as for interim storage facilities of the IAEA Safety Standard, WS-G-6.1: Storage of Radioactive Waste, Vienna 2006, are to be used as a reference for the state of the art.

Operating organization of a treatment plant

§ 79c. (1) The holder of the authorization shall determine the operating organisation. In particular,

1.

the radiation protection officer and the persons responsible for the exercise of radiation protection,

2.

the Representative for the Integrated Management System,

3.

all other authorising officers

to identify and determine their areas of responsibility and responsibilities. Changes shall be brought to the attention of the competent authority.

(2) The holder of the authorization shall take particular account of the content referred to in Annex 16 in the submissions for workers who deal with radioactive waste to be carried out in accordance with § 29 StrSchG.

Operational safety of a treatment plant

§ 79d. (1) The holder of the authorization shall set up and apply an integrated management system. The aim of this management system is to ensure the safe and safe operation of the plant at all times. It shall take account of the requirements for the safety of the installation according to paragraphs 2 to 7. The management system shall be regularly reviewed by the Authority.

(2) The integrated management system shall deal in particular with the aspects of radiation protection, quality assurance, occupational health and safety, health and environmental protection. In any case, the following points must be included:

1.

operational organization;

2.

Regulations governing the routine operation of the facility and routine operations in the course of the acquisition, collection, sorting, processing, conditioning and interim storage of radioactive waste within the scope of the working instructions according to § 16;

3.

rules on radiation protection, fire protection, radiation sources and access;

4.

Measures to monitor quality assurance (periodic inspections, maintenance and maintenance measures) and control of requirements (e.g. carrying out inspections);

5.

organisational and safety requirements for the operation of the plant;

6.

measures in the event of security incidents;

7.

criteria for reporting events;

8.

safety-related limit values;

9.

Event detection and description of incidents and measures to be taken;

10.

Measures to maintain a high security culture.

In the case of special activities, which do not constitute routine operation of the plant and routine operations, written arrangements must be drawn up in accordance with the requirements of the law.

(3) On the basis of the stipulations in § 36c StrSchG, the holder of the authorization shall provide permanently adequate human and financial resources in order to ensure the safe operation of the plant.

(4) The holder of the authorization shall provide plant-based facilities in order to ensure the safe operation of the plant and to keep the effects as low as possible in the event of occurrence of incidents. The functionality of these facilities is to be checked and documented in the course of repeat tests.

(5) The holder of the authorization shall have a safety report with the Appendix 17 lit. A specified content, which requires the competent authority to be informed, and to keep up to date.

(6) The holder of the authorization shall have an emergency plan with the one in Annex 17 lit. (b) to prepare the content of the above mentioned content, which requires the competent authority to receive information and to keep it up-to-date.

(7) Before the end of the year, the holder of the authorization shall draw up an exercise plan for emergency drills planned for the coming year and shall submit it to the Authority. In addition to the exercise dates, this exercise plan also includes the respective practice goal, the practice type, the exercise participants and the practice scenario. The holder of the authorisation shall keep records of the progress and success of the emergency exercises held and shall take measures to remedy any weaknesses identified in the exercise, as well as a timetable for the implementation of these measures by the Authority .

Operational Report

§ 79e. The authorisation holder shall submit an annual report to the Authority which shall contain information on all essential operations. These include in particular:

1.

the balance sheet of radioactive waste received;

2.

the balance sheet of the emitted radiation sources received;

3.

Balance sheet of newly conditioned waste barrels;

4.

current interim storage occupancy;

5.

radioactive waste which cannot be worked up with the technology currently available;

6.

results of personal dose, workplace and environmental monitoring;

7.

essential safety-related and reporting events;

8.

Balance sheet for discharges of liquid and gaseous radioactive materials;

9.

Balance sheet of released radioactive substances.

Recording and reporting obligations

§ 79f. (1) The holder of the authorization shall carry out a complete documentation of the collected, processed, conditioned and intermediate radioactive waste by means of an electronic database, which shall be visible to the authority at any time. The documentation must be kept safe and the information must be accessible, comprehensible and comprehensible at all times.

(2) The holder of the authorization shall ensure that the records which are relevant for the assessment of the safety of the operation of the treatment plant are kept on an ongoing basis. The records shall also contain those data which are necessary for the reconstruction of the causes and the expiry of the reporting of events in the sense of the Appendix 18 are required. Records shall be kept for at least 30 years and shall be submitted, at the request of the competent authority, to the authority responsible for the performance of the protection of workers and to the competent institution of the accident insurance scheme.

(3) Events subject to notification shall be notified immediately to the competent authority. The notification shall contain the information necessary for the assessment of the situation. In addition, the reporting requirements shall apply to the Central Accident Register according to § 94.

(4) The reporting requirements for the occurrence of a radiological emergency situation in accordance with the intervention ordinance, BGBl. II No 145/2007, as well as the provisions of the Accident Information Regulation, BGBl. No 391/1994, as amended, shall remain unaffected.

Decommissioning concept for a treatment plant

§ 79g. (1) The decommissioning concept to be provided in accordance with § 5 paragraph 2 Z 1 StrSchG shall contain at least for a treatment facility:

1.

description of the facilities, insofar as they are relevant for decommissioning;

2.

Estimation of the expected radioactive contamination and, where appropriate, other hazardous substances; and

3.

Description and classification of the radioactive waste to be expected.

(2) The decommissioning concept shall be updated as necessary.

End Storage

§ 79h. (1) In the search for a location, the design and the construction of a final warehouse, § 79b shall apply in a reasonable way. If necessary, further and more specific measures shall be provided in accordance with the state of the art.

(2) The provisions of § § 79c to 79f shall apply in the appropriate way during the operation of a disposal facility. If necessary, further and more specific measures shall be provided in accordance with the state of the art.

(3) The IAEA Safety Standards SSR-5: Disposal of Radioactive Waste, Vienna 2011, as well as SSG-29: Near Surface Disposal Facilities for Radioactive Waste, Vienna 2014, are to be used as a reference for the state of the art according to paragraphs 1 and 2. "

19. In § 87, the previous paragraph 2 is given the name "(3)" ; in accordance with paragraph 1, the following paragraph 2 is inserted:

" (2) The holder of a research reactor shall ensure that only fuel elements whose manufacturers or suppliers have committed themselves to the withdrawal of the spent fuel or to which a contract is provided shall be used. A commitment to take over the fuel elements to be disposed of. "

20. In accordance with Article 95 (11), the following paragraphs 12 and 13 are added:

" (12) For persons who are appointed as radiation protection officers on the date of 1 December 2014 in a treatment facility within the meaning of Section 79a (2) (2) Z 1 or are otherwise entrusted with the exercise of radiation protection, the holder of the authorization shall within of two years of successful completion of training for the activity in disposal facilities according to Appendix 16.

(13) Anyone who runs a treatment facility within the meaning of section 79a (2) Z 1 on the date of 1 December 2014 shall have

1.

without delay, to submit the operational organisation pursuant to section 79c (1) to the competent authority,

2.

implement the integrated management system in accordance with Section 79d (1),

3.

to make the necessary requirements for the fulfilment of the training requirements in accordance with § 42a,

4.

meeting the requirements for the information required for the public information referred to in Article 79a (4);

5.

the creation or Updating of the documents referred to in § § 79d and 79g, such as the safety report, the emergency plan, the exercise plan and the decommissioning concept.

The competent authority shall set appropriate time limits for the operator to comply with the requirements set out in Z 2 to 5. "

21. In Appendix 8, the reference "to § § 41, 42, 42a, 43 and 43a" .

22. In Appendix 8, the heading of lit. C " C. Radiation protection training according to § § 42 and 42a " .

23. The following Appendixes 16 to 18 shall be added:

" Annex 16

§ § 42a para. 1, 2 and 5, 79c para. 2, 95 para. 12

Training for the activities in waste disposal facilities

At least 40 hours:

-

National and international legislation and other regulatory bodies in the field of the management of radioactive waste;

-

Conditioning activities and conditions;

-

Intra-company transport and handling of waste containers;

-

Buffer storage of radioactive waste;

-

Storage activities in the interim storage facility;

-

periodic checks of the interim storage facility;

-

radiation and emission monitoring;

-

Metrology;

-

fire protection;

-

emergency planning;

-

access control;

-

Quality management in the field of the management of radioactive waste.

Appendix 17

on Section 79d (5) and (6)

Content of Safety Report and Emergency Plan

A. Content of the safety report

General Description:

-

Description of location characteristics, in particular geographical and demographic data, external hazards (such as earthquakes, floods, neighbouring installations with hazardous substances, or Transport of hazardous materials, aircraft crashes, etc.), connection to suitable transport routes for the transport of radioactive waste, power supply of the site;

-

Current description of the entire disposal facility and its facilities;

-

Description of the design characteristics and safety functions, as well as a list of safety-related structures, systems and components of the installation;

-

Current description of the handling and storage activities.

Descriptions of the organisation and framework conditions:

-

description of the operational processes;

-

description of the management system;

-

a description of the expected scale and characteristics of the waste to be stored;

-

information on the expected service life of the plant, including the justifications;

-

Description of the conversion to minimise the waste produced in operation;

-

description of the commissioning, evaluation of the deviations observed, including the reasons for the deviations;

-

Definition of an adequate programme for continuous proof that the waste material will in the long term meet the specified storage conditions under the appropriate environmental conditions in the warehouse.

Preliminary description of the decommissioning concept of the plant

Operational documentation on

-

conditions for the safe operation of the plant, its technical basis and the storage conditions for waste materials;

-

flow descriptions and operating instructions for safety-related work operations;

-

Arrangements for operational inspections, maintenance and testing;

-

Programme for the evaluation of operational experience;

-

Programme of ageing management;

-

Description of occupational radiation protection, in particular radiation monitoring in the facility, monitoring of personnel, radiation monitoring in the environment, release of radioactive substances;

-

Training programme for personnel, training and further training.

Representation of the asset's backup status

Safety/Incident Analysis according to IAEA Safety Standard WS-G-2.5: Predisposal Management of Low and Intermediate Level Radioactive Waste, Vienna 2003, in particular:

-

Perturbated spectrum of accidents;

-

Estimates of event-related releases of radioactive substances;

-

Estimates of the radiological effects of accidents on humans and the environment;

-

Proof of compliance with safety criteria and radiological limits.

Overview of emergency planning including contingency plan

B. Contents of the contingency plan

Preparation for emergencies:

-

general description of the disposal facility;

-

the inventory of emergency relief funds and their location;

-

List of possible (serious) accidents, including a combination of nuclear and non-nuclear hazards;

-

conditions and criteria under which an emergency is declared;

-

presentation of emergencies, in particular the alerting of the competent staff and authorities;

-

Regulations concerning training of staff and the holding of exercises;

-

Summary of reporting requirements to the authorities, including the establishment of the relevant contact addresses and reporting channels.

Staff, organisational responsibilities and arrangements:

-

the designation of persons who are responsible for internal activities and who are responsible for contacts with company-external organisations;

-

a list of authorised persons with a professional and functional title, who may declare an emergency;

-

the measures to be taken by persons and organisations to implement the contingency plan;

-

the structure of the organisation and communication;

-

Arrangements for the termination of an emergency and the resumption of normal operations;

-

rules concerning the information provided for public information;

-

Rules on the review and updating of the contingency plan.

Assessment of the impact of the event and actions:

-

Assessment of the condition of the plant;

-

Arrangements for the monitoring of the radiological conditions inside and outside the site (water, vegetation, soil, air);

-

Systems for radiological impact assessments;

-

Plant-internal measures to limit releases and against the spread of radioactive substances;

-

Dose minimisation arrangements for persons, including the staff of the staff of the plant;

-

Measures to ensure the medical care of injured persons, in particular their accommodation in hospitals.

Appendix 18

on § 79f para. 2

Notifiable events

Notifiable events within the meaning of Section 79f (2) are in particular:

-

Unauthorised discharges of radioactive substances;

-

Event-related release of radioactive substances into the environment;

-

Contamination in the surveillance zone exceeding 100 times the values in Appendix 9;

-

Contamination in the control area exceeding 1000 times of the values in Appendix 9;

-

Malfunction, damage or outages of major systems with significant effects on the safety of the plant;

-

Safety-related events in the transport of waste;

-

External security (e.g. earthquakes or floods), provided that they cause one of the events mentioned in the first four points or affect the operability of the system;

-

In the case of events which are important for safety reasons (e.g. fire), provided that they cause one of the events mentioned in the first four points or affect the functioning of the system;

-

Personal contaminations requiring medical care;

-

Overruns of dose limits. "

Article 2

Amendment of the Radioactive Waste-Movement Regulation 2009

The Regulation on the supervision and control of shipments of radioactive waste and spent fuel from, into or through the territory of the Federal Republic of Germany (Radioactive Waste-Shipments Regulation 2009-RAbf-VV 2009), BGBl. II No 47/2009, shall be amended as follows:

1. In the table of contents, the following entry is inserted after the entry in Section 6:

" § 6a.

Special provisions for the shipment of final disposal "

2. § 1 para. 2 reads:

" (2) This Regulation implements the following acts of law in the European Union under Austrian law:

1.

Directive 2006 /117/EURATOM on the supervision and control of shipments of radioactive waste and spent fuel, OJ L 327, 30.12.2006, p. No. OJ L 337, 05.12.2006 p. 21,

2.

Commission Decision 2008 /312/EURATOM, OJ L 327, 28.12.2008, No. OJ L 107 of 17.04.2008 p. 32,

3.

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. "

3. In accordance with § 6, the following § 6a and title shall be inserted:

" Special provisions for shipment to final storage

§ 6a. (1) If it is to be assumed that radioactive waste incurred in Austria is to be disposed of in the country of destination, the competent Austrian authority may grant a permit only if an agreement between Austria and the Country of destination, which uses a facility for final disposal in the country of destination. This Agreement has laid down the provisions of Recommendation 2008 /956/EURATOM on criteria for the export of radioactive waste and spent fuel to third countries, OJ L 327, 28.12.2008, p. No. OJ L 338, 17.12.2008 p. 69.

(2) Prior to a transfer as referred to in paragraph 1 to a third country, the Authority shall be satisfied that:

1.

the third country has concluded an agreement on the management of spent fuel and radioactive waste with the Community, or is a contracting party to the Joint Convention referred to in Article 6 (3) of the Treaty,

2.

the third country has programmes for the disposal and disposal of radioactive waste, the objectives of which are high safety levels and those of IIIa. at least equivalent to the StrSchG and the regulations based on it; and

3.

the final storage facility in the third country has a permit for the disposal of the radioactive waste to be shipped, which is in operation prior to the shipment and, in accordance with the requirements of the programme for disposal and disposal referred to in Z 2, and Final disposal of radioactive waste of this country of destination.

(3) Before a transfer as referred to in paragraph 1 to a third country, the Authority shall inform the European Commission of the content of the Agreement referred to in paragraph 1. "

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