Published the: 2017-05-29 Numac: 2017202658 Interior FEDERAL PUBLIC SERVICE may 7, 2017. -Law amending the law of 15 April 1994 on the protection of the population and the environment against the dangers resulting from radiation ionizing and relative to the Federal nuclear control agency, concerning the Organization of the physical control PHILIPPE, King of the Belgians, to all present and future salvation.
Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
CHAPTER 2. -Amendments to the Act of 15 April 1994 on the protection of the population and the environment against the dangers arising from ionizing and radiation relative to the Federal Agency for nuclear control art. 2A article 1 of the law of 15 April 1994 on the protection of the population and the environment against the dangers arising from ionizing and relative to the Federal Agency for nuclear control, radiation changed by the laws of the April 2, 2003, March 30, 2011, 19 March 2014 and may 15, 2014, the following changes are made:-(1) the definition of "accredited bodies" is replaced by the definition of 'physical control body' written as follows: "-physical control body: body, which, under article 29bis, is approved for missions of the physical control service;";
-(2) the definition of "physical control service" is replaced by the following: "-physical control service: the service which, under article 28, is in charge of physical control;";
-(3) the following definitions are inserted between the definition of 'Agency' and the definition of "nuclear material": "-practice: human activity is likely to increase exposure of some individuals to radiation from an artificial source or from a natural radiation source where natural radionuclides are processed because of their properties radioactive, fissile or fertile, except in the case of an exhibition of emergency;"
(-physical control: all the measures carried out under the responsibility of the holder of the authorization, in order to verify that the population, workers and the environment are protected effectively against the danger of ionizing radiation, and that the associated risks are managed effectively except: has) of measures for monitoring the health of person professionally exposed to ionizing radiation;
(b) measures relating to the monitoring of medical exposure of the people;
(c) physical protection measures;
(d) security of radioactive substances;
-monitoring of the health of workers: the monitoring of all measures to guarantee the health of the workers, taken in application of the law of 4 August 1996 relating to the welfare of workers during the performance of their work and taken under the responsibility of a medical officer under this Act;
-holder of authorization: holder of an authorization issued under section 16 or a registration issued under article 4; "."
Art. 3. in the same Act, it is inserted an article 2B drafted as follows: "art. 2B. the Government agrees, on proposal of the Agency, a national policy statement on nuclear safety, nuclear safety and radiation protection, based at least on the following principles:-the principle of justification and priority to safety and nuclear safety;
-continuous improvement within an international framework;
-the safe management of radioactive waste;
-defence in depth;
-the long-term vision.
The Government sends to the House of representatives the declaration referred to in paragraph 1 "."
Art. 4. in the same Act, it is inserted an article 14ter, written as follows: "art.
14ter. § 1 the Agency may, by decision of its Board of Directors, delegate its function of monitoring in whole or in part to an entity it created for this purpose in accordance with article 14bis. The King determines, by Decree deliberated in the Council of Ministers: (1) the missions of surveillance that can be delegated to this entity.
(2) the terms of remuneration of services provided by the entity;
(3) the terms of the monitoring by the Agency on the exercise of the tasks of the entity.
§ 2. The staff of the entity which is responsible for monitoring the physical control at the holders of authorisations must have a physical control expert approval that is granted by the Agency in accordance with article 30.
The approval granted to the expert gives free access to facilities for which monitoring missions have been delegated to the entity by the Agency.
§ 3. More than half of the members of the Board of Directors of the entity is composed of members of the Board of Directors of the Agency. They are appointed because of their mandate of Member of the Board of Directors of the Agency and represent the Agency.
If he is terminated their mandate of Member of the Board of Directors of the Agency, it is also terminated their mandate of Member of the Board of Directors of the entity. They continue to hold this office until their replacement is set by the Board of Directors of the Agency.
4. For the duration of its mandate, the Director general of the Agency is member of the Board of Directors of the entity.
The Executive Director may attend the meetings of the Management Committee of the entity with a consultative vote.
The Director-general has a period of eight working days to appeal against any decision of the Executive Committee of the entity that it considers contrary to the law, the statutes or the general interest. The appeal shall be lodged with the Board of Directors of the entity and is suspensive. This period runs from the day of the meeting during which the decision was made, insofar as general manager there has been regularly summoned, and otherwise, from the day on which it came to knowledge. "."
Art. 5. in article 19, paragraph 1, of the Act, amended by the law of 26 January 2014, the second indent is replaced by the following "-granted the approval of pharmacists and doctors using sources of ionizing radiation, doctors responsible for the health surveillance of workers professionally exposed to radiation as well as experts in medical Radiophysics;".
Art. 6. in section 10 of the
same Act inserted an article 24bis drafted as follows: "art. 24bis. the King may determine the cases in which the Agency must establish regulations to technical and non-political significance for the implementation of orders made pursuant to this Act. These regulations are published in the Moniteur belge.
Art. 7. in the same law, the heading of chapter IV is replaced by the following: "Chapter IV - the Organization of physical control".
Art. 8. article 28 of the same Act, replaced by the law of December 22, 2008, is replaced by the following: "art. 28 § 1. The authorization holder is responsible, in all circumstances, to ensure the protection of workers, the population and the environment against the risks or the health disadvantages which may result from the exercise of his practice. This responsibility cannot be delegated.
2. Each holder of authorization is required to load a service of physical control to the practice which it is responsible.
The missions assigned to the service of physical control prejudicial to the authority and responsibilities of the holder of the authorization.
§ 3. The King determines the conditions and rules according to which several authorization holders can be allowed to create a common physical control. "."
Art. 9. article 29 of the Act is replaced by the following: "art. 29 § 1. The King determines:-the rules on missions, operation, organization and the composition of physical control as well as the qualifications and training required of those who belong.
-rules concerning the minimum resources including physical control must have;
-the conditions to meet, as well as the person who serves as head of the Department of physical control: (1) measures of special protection that are application to preserve its independence from the employer and workers in the exercise of its function;
(2) the ways in which it can be put an end to its function.
§ 2. The King determines the nature of physical monitoring missions that require the intervention of an expert approved by virtue of article 30.
§ 3. For certain practices risk limited security the King determined, authorization holder may entrust, under his responsibility, the performance of physical monitoring missions referred to in § 2 an expert to a regulatory body physical approved for this purpose under article 29bis.
4. The holder of the authorization ensures coordination between the physical control service and the service for prevention and protection at work, created under the Act of 4 August 1996 on the well-being of workers during the performance of their work. The head of the physical control service coordinates its intervention with the competent prevention consultant and physician of the approved work of the holder of the authorization. The King may lay down measures to promote collaboration between all stakeholders.
§ 5. The Agency monitors the way in which the physical control service performs its mission. She approves the decisions of the physical control service in cases which are determined by the King. "."
Art. 10. in the same Act, it is inserted an article 29bis drafted as follows: "art. 29bis. § 1. The physical inspection bodies are accredited by the Agency. All first approval is granted for a maximum period of six years. It may be extended for periods not exceeding six years. The approval may be limited to certain practices.
Approval may be suspended, repealed or revoked by the Agency.
§ 2. The King sets the conditions and the additional rules by which the approval referred to in paragraph 1 is granted, suspended, revoked or withdrawn.
The King sets the obligations and incompatibilities that must meet the physical control body, as well as its operation.
§ 3. The Agency monitors the operation of physical control bodies. The King determines the modalities of this surveillance. "."
Art. 11. article 30 of the same Act, replaced by the law of December 22, 2008, is replaced by the following: "art. 30 § 1. The expert in physical control is approved by the Agency. All first approval is granted for a maximum period of six years.
It may be extended for periods not exceeding six years. The approval may be limited to certain practices.
Approval may be suspended, repealed or revoked by the Agency.
The King sets the conditions and the additional rules by which the approval referred to in paragraph 1 is granted, suspended, revoked or withdrawn. "."
Art. 12. in article 38, paragraph 1, of the Act, amended by the law of December 21, 2013, the following changes are made: (1) in the first sentence, the words "article 28" are replaced by the words "articles 14(b) and 29bis";
(2) in 8 °, the words "article 28" are replaced by the words "articles 14(b) and 29bis".
Art. 13. article 67 of the same Act, inserted by the law of February 10, 2000, and amended by the law of December 22, 2008, is replaced by the following: "art.
67 approved organizations for an indefinite period under the law of March 29, 1958 on the protection of the population against the dangers arising from ionizing lose full approval. "."
CHAPTER 3. -Provisions final art. 14. in article 2, 3 °, of the royal decree of 20 July 2001 on general regulation for the protection of the population, workers and the environment from the danger of ionising radiation, the definition of 'practice' is repealed.
Art. 15. the King shall fix the date of entry into force of the provisions of this Act.
Given in Brussels on May 7, 2017.
PHILIPPE by the King: the Minister of security and the Interior, J. ham