belgiquelex.be - Carrefour Bank of LegislationELI - Navigation system by European legal identifier
http://www.ejustice.just.fgov.be/eli/loi/2017/05/07/2017202658/monitor

7 MAY 2017. - An Act to amend the Act of 15 April 1994 on the protection of the population and the environment from the dangers resulting from ionizing radiation and related to the Federal Agency for Nuclear Control, concerning the organization of physical control

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
CHAPTER 1^er. - General provision
Article 1^er. 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 Population and the Environment from the Hazards of Atomic Radiation and the Federal Nuclear Control Agency
Art. 2. Article 1^er of the Act of 15 April 1994 on the Protection of Population and the Environment from the Hazards of Atomic Radiation and the Federal Nuclear Control Agency, as amended by the Acts of 2 April 2003, 30 March 2011, 19 March 2014 and 15 May 2014, the following amendments are made:
- 1° the definition of "registered bodies" is replaced by the definition of "physical control body", as follows:
"- body of physical control: body, which, under section 29bis, is authorized to carry out missions of the physical control service; ";
- 2° the definition of "physical control service" is replaced by the following:
"- Physical control service: the service that, under section 28, is in charge of physical control; ";
- 3° the following definitions are inserted between the definition of "Agency" and the definition of "nuclear material":
"- Practical: human activity likely to increase the exposure of some individuals to ionizing radiation from an artificial source or a natural source of radiation when natural radionuclides are treated because of their radioactive, fissile or fertile properties, except in the case of an emergency exposure;
- physical control: all measures, carried out under the authority's responsibility, with the aim of verifying that the population, workers and the environment are effectively protected against the danger of ionizing radiation, and that the associated risks are effectively managed with the exception:
(a) measures to monitor the health of persons occupationally exposed to ionizing radiation;
(b) measures to monitor the medical exposure of persons;
(c) physical protection measures;
(d) safety measures for radioactive substances;
- monitoring of the health of workers: monitoring of all measures ensuring the health of workers, taken under the Act of 4 August 1996 on the well-being of workers during the performance of their work and taken under the responsibility of a registered physician under this Act;
- holder of authorization: holder of an authorization issued under section 16 or an approval issued under section 4;".
Art. 3. In the same law, an article 2ter is inserted as follows:
"Art. 2ter. The Government approves, on the proposal of the Agency, a national policy statement on nuclear safety, nuclear security and radiation protection, based at least on the following general principles:
- the principle of justification and priority to nuclear safety and security;
- continuous improvement in an international framework;
- transparent communication;
- safe management of radioactive wastes;
- the defence in depth;
- the long-term vision.
The Government shall transmit to the House of Representatives the declaration referred to in paragraph 1^er ".
Art. 4. In the same law, an article 14ter is inserted, as follows:
"Art. 14ter. § 1^er The Agency may, by decision of its Board of Directors, delegate in whole or in part its oversight function to an entity that it has created for that purpose in accordance with section 14bis. The King shall determine, by order deliberately in the Council of Ministers:
1° Monitoring missions that may be delegated to that entity;
2° the terms and conditions of compensation for benefits made by the entity;
3° how the Agency monitors the exercise of the entity's missions.
§ 2. The personnel of the entity that is responsible for the monitoring of physical control in the holders of authorizations must have a physical control expert approval granted by the Agency in accordance with section 30.
The approval granted to the expert gives him free access to the facilities for which monitoring missions were delegated to the entity by the Agency.
§ 3. More than half of the board members of the entity are members of the Board of Directors of the Agency. They are designated as a member of the Agency's Board of Directors and represent the Agency. If they are terminated as a member of the Agency's Board of Directors, they are also terminated as a member of the entity's Board of Directors. However, they continue to exercise this mandate until their replacement is settled by the Agency's Board of Directors.
§ 4. For the duration of its mandate, the Director General of the Agency is a member of the board of directors of the entity.
The Director General may, with an advisory vote, attend meetings of the entity steering committee.
The Director General shall have a period of eight working days to appeal against any decision of the board of directors of the entity that it considers to be contrary to the law, the statutes or the general interest. The appeal is filed with the board of directors of the entity and is suspensive. This period runs from the day of the meeting in which the decision was made, provided that the Director General was regularly convened and, if not, from the day he was aware of it. ".
Art. 5. In article 19, paragraph 1^er, of the same law, as amended by the law of 26 January 2014, the second dash is replaced by the following
"- grants the accreditation of pharmacists and doctors using ionizing sources of radiation, doctors responsible for the health surveillance of workers occupationally exposed to ionizing radiation, as well as medical radiophysics experts."
Art. 6. In section 10 of the Act, an article 24bis is inserted as follows:
"Art. 24bis. The King may determine the cases in which the Agency must establish regulations of a technical and non-political scope for the implementation of the orders made pursuant to this Act. These regulations are published in the Belgian Monitor.
Art. 7. In the same Act, the title of Chapter IV is replaced by the following title:
"Chapter IV - Organization of Physical Control".
Art. 8. Section 28 of the Act, replaced by the Act of 22 December 2008, is replaced by the following:
"Art. 28. § 1^er. Authorization holders are responsible, under any circumstances, for the protection of workers, the population and the environment from the health risks or disadvantages that may arise from the exercise of their practice. This responsibility cannot be delegated.
§ 2. Each authorisation holder is required to charge a physical control service for the practice he is responsible for.
The missions assigned to the physical control service do not prejudice the authority and responsibilities of the authorization holder.
§ 3. The King determines the conditions and rules that several authorisation holders may be allowed to create a common physical control service.".
Art. 9. Section 29 of the Act is replaced by the following:
"Art. 29. § 1^er. The King determines:
- the rules concerning the missions, operation, organization and composition of the physical control service and the qualifications and training required of those who are part of it;
- rules on minimum resources for the physical control service;
- the conditions to which the person performing the function of the head of the physical control service must satisfy, and:
1° the specific protection measures that are applicable to the employer to preserve its independence from the employer and the workers in the exercise of its function;
2° the modalities by which it can be terminated.
§ 2. The King determines the nature of the physical control missions that require the intervention of an expert authorized under Article 30.
§ 3. For certain practices with a limited security risk that the King determines, the holder of authorization may entrust, under his or her responsibility, the execution of the physical control missions referred to in § 2 to an expert from an authorized physical control body under section 29bis.
§ 4. The holder of the authorization shall coordinate between the physical control service and the internal service for prevention and protection at work, established under the Act of 4 August 1996 on the welfare of workers during the execution of their work. The Chief of the Physical Control Service coordinates his/her intervention with the appropriate Prevention Advisor and the authorized work physician of the Authorization Officer. The King may establish measures to promote collaboration among all concerned.
§ 5. The Agency monitors how the physical control service performs its mission. It approves the decisions of the physical control service in cases determined by the King.".
Art. 10. In the same law, an article 29bis is inserted as follows:
"Art. 29bis. § 1^er . Physical control organizations are approved by the Agency. First approval is granted for a maximum period of six years. It may be extended for periods not exceeding six years. Accreditation may be limited to certain practices.
Accreditation may be suspended, repealed or withdrawn by the Agency.
§ 2. The King sets out the conditions and complementary rules by which the approval referred to in paragraph 1^er is granted, suspended, repealed or withdrawn.
The King sets out the obligations and incompatibility to which the body of physical control must comply, as well as its functioning.
§ 3. The Agency monitors the functioning of physical control organizations. The King determines the modalities of this surveillance. ".
Art. 11. Section 30 of the Act, replaced by the Act of 22 December 2008, is replaced by the following:
"Art. 30. § 1^er. The Physical Control Expert is approved by the Agency. First approval is granted for a maximum period of six years. It may be extended for periods not exceeding six years. Accreditation may be limited to certain practices.
Accreditation may be suspended, repealed or withdrawn by the Agency.
§ 2. The King sets out the conditions and complementary rules by which the approval referred to in paragraph 1^er is granted, suspended, repealed or withdrawn."
Art. 12. In section 38, paragraph 1^erin the same Act, as amended by the Act of 21 December 2013, the following amendments are made:
1° in the opening sentence, the words "of article 28" are replaced by the words "of articles 14ter and 29bis";
2° in 8°, the words "of article 28" are replaced by the words "of articles 14ter and 29bis".
Art. 13. Section 67 of the Act, inserted by the Act of 10 February 2000 and amended by the Act of 22 December 2008, is replaced by the following:
"Art. 67. Organizations approved for an indefinite period under the Act of 29 March 1958 on the protection of the population from the hazards resulting from ionizing radiation lose their full approval."
CHAPTER 3. - Final provisions
Art. 14. In section 2, 3°, of the Royal Decree of 20 July 2001 on the general regulation of the protection of the population, workers and the environment from the danger of ionizing radiation, the definition of "practice" is repealed.
Art. 15. The King shall determine the effective date of the provisions of this Act.
Given in Brussels on 7 May 2017.
PHILIPPE
By the King:
Minister of Security and Interior,
J. JAMBON