Posted the: 2014-06-27 Numac: 2014011342 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy June 3, 2014. -Act to amend section 179 of the Act of 8 August 1980 on the budget proposals 1979-1980 for the transposition into domestic law of Directive 2011/70/Euratom of the Council of 19 July 2011 establishing a Community framework for managing responsibly and safely the spent fuel and radioactive waste (1) PHILIPPE, King of the Belgians, to all present and future, hi.
The Chambers have adopted and we endorse the following: chapter I:.
-Foundation of the Act 1 section. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER II. -Object of the Act s. 2. this Act is intended to transpose the Directive 2011/70/Euratom of the Council of 19 July 2011 establishing a Community framework for responsible and safe management of spent fuel and radioactive waste.
CHAPTER III. -Definitions art. 3. a fifth paragraph is inserted in article 179 of the budgetary proposals 1979-1980 Act of 8 August 1980 formulated as follows: "§ § 5 5" For the purposes of this article, shall mean: 1 ° closure: the completion of all operations subsequent to the filing of spent fuel or radioactive waste in a storage facility, including the latest books or other work required to ensure, in the long term the security of the facility;
2 ° competent regulatory authority: the Federal Agency for nuclear control created by section 2 of the Act of 15 April 1994 on the protection of the population and the environment against the dangers arising from ionizing radiation and relative to the Federal Agency for nuclear control.
3 ° storage: deposit of spent fuel or radioactive waste in a facility without the intention of retrieval but without prejudice to the possibility, where appropriate, to the recovery of the waste in accordance with the rules laid down in the national policy referred to in § 6 and § 7 of this article;
4 ° storage facility: any installation whose main objective the storage of radioactive waste;
5 ° authorization: any legal document to undertake any activity relating to the management of spent fuel or radioactive waste, for the design, construction, commissioning, operation, decommissioning or closure of a spent fuel or radioactive waste management facility;
6 ° holder of an authorisation: a natural or legal person to which authorisation was granted;
7 ° radioactive waste: a radioactive substance in gaseous, liquid or solid form for which no further use is intended or proposed by the State or by a natural or legal person whose decision is accepted by the adoption of a national policy on the substance referred to in § 6 and § 7 of this article and which is considered as radioactive waste by the competent regulatory authority , or whether this substance should be considered as legal or regulatory-based radioactive waste;
8 ° the radioactive waste management: all activities related to handling, transport, preprocessing, processing, packaging, storage or storage of radioactive waste;
9 ° radioactive waste management facility: any installation having for objective the management of radioactive waste;
10 ° reprocessing: a process or an operation whose purpose is to extract radioactive isotopes from the fuel spent for later use;
11 ° spent fuel: nuclear fuel irradiated in the core of a reactor and that has been permanently removed. spent fuel may either be considered as a valuable resource that can be reused or retired, is intended for storage if it is considered as radioactive waste;
12 ° management of fuel used: all activities related to handling, transport, storage, reprocessing or storage of spent fuel;
13 ° installation of management of fuel used: any facility having for objective the management of fuel used;
"14 ° storage: the maintenance of spent fuel or radioactive waste in a facility with intent to later withdraw."
CHAPTER IV. -Political national art. 4. two new paragraphs 6 and 7 are added to section 179 of the Act of 8 August 1980, formulated as follows: "§ § 6 6" By Decree deliberated in the Council of Ministers, on a proposal of the body and after consultation with the appropriate regulatory authority, the le Roi King establishes and maintains national policies for management of radioactive waste and spent fuel, depending on the physical, chemical and radiological waste and spent fuel characteristics, based at least on the following general principles: 1 ° the production of radioactive waste is kept to the lowest level that is reasonably possible to achieve in terms activities and volume, using measures of appropriate design and practices of exploitation and decommissioning, including reprocessing and reuse of substances;
2 ° the interdependence of the various stages of the production and management of spent fuel and radioactive waste is taken into account;
3 ° the spent fuel and radioactive waste are managed safely, long term of a particularly RESTful storage facility safety on safety features which must become passive long-term;
4 ° measures are implemented according to a graduated approach;
5 ° the spent fuel and radioactive waste management costs are borne by those who have produced these substances;
6 ° a documented and evidence-based decision-making process governs all stages of spent fuel and radioactive waste management.
The national policy referred to in the first subparagraph are considered plans or programmes within the meaning of the law of February 13, 2006 on the assessment of the effects of certain plans and programmes on the environment and the participation of the public in the development of plans and programmes relating to the environment.
National policies for the management of radioactive waste and spent fuel considered waste contain terms of reversibility, recoverability and monitoring for a period to be determined as part of design and operation of each storage facility these terms are established taking into account the need to ensure the safety of the storage facility.
Policies contain the site selection of the storage facilities on a proposal from the organization that consults with the competent regulatory authority.
Policies contain the procedures for monitoring such policies, where appropriate by an independent multidisciplinary body.
Policies contain the accepted assumptions of future use of the different types of spent fuel on a proposal from the holders of spent fuel and after consultation of the Agency and the competent regulatory authority.
Based on findings at the level of security, via the monitoring, after the closure of the site, the King may, by Decree deliberated in the Council of Ministers on the proposal of the Minister who has the safety and nuclear safety in its powers, impose the reopening of the storage facility and, where appropriate, recovery of radioactive waste or spent fuel.
The reopening of the storage facility operations and, where appropriate, recovery of radioactive waste or spent fuel must be subject to an authorization issued on basis of the Act of 15 April 1994 on the protection of the population and the environment against the dangers arising from ionising radiation.
§ 7. If radioactive waste and spent fuel are transferred for treatment or reprocessing, to another country, the responsibility ultimately storage safe and responsible for these substances, including any waste created as a by-product, continues to lie with the State, as a country from which radioactive substances have been transferred.
Radioactive waste produced on the Belgian territory stored there, unless at the time of their transfer, an agreement taking into account the criteria established by the Commission in accordance with article 16, paragraph 2, of the Directive 2006/117/Euratom, as transposed in the royal decree of 24 March 2009 on the regulation of the import, transit and export of radioactive substances has entered into force between the State and another country to use a storage facility in this country.
Before the transfer to that country, the State shall inform the Commission of the content of such an agreement and takes reasonable measures to ensure that: has) the country of destination has an agreement with the Euratom community on the management of spent fuel and radioactive waste or is a party to the Joint Convention on the safety of the management of spent fuel and on the safety of the management of waste radioactive ("Joint Convention");
(b) the country of destination has programs of management and storage of radioactive waste including objectives, a high level of safety, are equivalent to those laid down by Directive Euratom-70-2011 such as transposed in this Act;
c) storage facility of
country of destination is authorized to receive the radioactive waste to be transferred, is active before the transfer and is managed in accordance with the requirements of the program management and storage of radioactive waste in the country of destination.
The provision of the preceding paragraph does not apply: a) repatriation in a supplier or manufacturer of disused sealed sources of service;
(b) to the transfer of the spent fuel from research reactors to a country where the fuel from research reactors are provided or manufactured, taking into account applicable international agreements."
Chapter V. - Skills and qualifications art.
5. a new paragraph 10 is added to section 179 of the Act of 8 August 1980, worded as follows: "§ § 10 10" Any physical or legal person holder of an authorisation or held to certain obligations under this section shall arrange for its staff training and engage in research and development to meet the needs of the national program for the management of spent fuel and radioactive waste, to acquire, maintain and develop further the skills and qualifications needed. The King lays down the procedures for the implementation of this paragraph."
CHAPTER VI. -National program of management of spent fuel and radioactive waste art. 6. a new paragraph 8 is added to article 179 of the Act of 8 August 1980, worded as follows: "§ § 8 8 ' It is created a national Programme Committee to prepare the national Programme of spent fuel and radioactive waste management. This Committee is composed of representatives of the federal public Service in charge of energy, the body and society referred to in the first paragraph of this article, each involved in its skills and missions. The Committee is chaired by a representative of the federal public Service in charge of energy.
The secretariat of the Committee is provided by the organization. The Committee may be assisted by experts and consult the various producers of radioactive waste and spent fuel.
For management of radioactive waste and spent fuel, the Ministers having the energy and economy in their attributions shall fix, by Ministerial Decree deliberated in the Council of Ministers, on a proposal of the national Programme, and after consulting the competent regulatory authority, a national program of management of spent fuel and radioactive waste. This program provides, inter alia, the le bilan balance of existing modes of management of spent fuel and radioactive waste, identifies the requirements of storage and storage facilities, said the capacity for these facilities and storage times, and for radioactive wastes that are not yet the subject of a mode final management, determines objectives. The national Programme structure the implementation of research and studies on the management of spent fuel and radioactive waste in setting deadlines for the implementation of new forms of governance, creating installations or the modification of existing capable of meeting the needs and the objectives identified above.
The national program is updated at regular intervals and whenever a national policy is modified or taken.
The consistency of the national program of spent fuel and radioactive waste management must be sought, as well as its technical and economic optimization.
The national Programme includes the following: a) General objectives that seek to attain national policy referred to in paragraph 6 of this article in the management of spent fuel and radioactive waste;
(b) the important deadlines and clear timetables which will meet these deadlines taking into account first goals that seeks to achieve the national Programme;
(c) an inventory of all radioactive waste and spent fuel and estimates of the future quantities, including those resulting from decommissioning operations. This inventory clearly indicates the location and quantity of radioactive waste and spent fuel, in accordance with the proper classification of radioactive waste and spent fuel;
d) concepts, plans and technical solutions for the management of spent fuel and radioactive waste, from production to storage;
(e) the concepts or plans for the period after the closure of a storage facility, including the period when the appropriate control measures are maintained, as well as the means to be used to preserve the memory of the installation in the long term;
f) research, development and demonstration activities required to implement the solutions of spent fuel and radioactive waste management;
g) responsibilities with regard to the implementation of the national Programme and key performance indicators to monitor the progress of implementation;
(h) an estimate of the cost of the national Programme and the basis and assumptions used to formulate this estimate, which must be accompanied by a timetable;
(i) the current funding mechanisms;
(j) the policy or procedure on transparency;
k) where appropriate, the agreements with another country in the management of spent fuel or radioactive waste, including the use of storage facilities;
(l) identification of additional requirements arising from the interdependence between the different stages of management for each type of radioactive waste and spent from their production to their storage fuel to ensure the articulation and overall coherence;
m) information about any planned or proposed modification of facilities and/or practices which may have an impact on the management of radioactive waste and spent fuel;
(n) information about the historical situations and past or current professional activities that have generated or that generate substances that could be described as radioactive waste as well as the basic principles of governance envisaged for these radioactive wastes in the event where their management may be provided by management existing.
The national Programme Committee may require from operators of nuclear facilities and holders of radioactive substances, or the absence of their owners, under their responsibility, on simple request and free of charge, all useful information to the establishment of the national Programme and in particular information related to the management of spent fuel or radioactive waste prior to transfer to the body.
The national program is notified no later than August 23, 2015, to the European Commission at the initiative of Ministers in their charge of the economy and energy. Its subsequent substantial amendments are notified to the Commission within one month after their adoption. In the event of a request for information or clarification from the Commission, as well as subsequent revisions are provided within a period of six months from the date of receipt of this request."
CHAPTER VII. -Funding art. 7. in paragraph 2, 11 °, al. 2 of section 179 of the Act of 8 August 1980, the following sentence is added: "the costs related to the establishment of the national Programme are linked to the establishment and the maintenance of inventory and are covered by the product of the charges referred to in this paragraph.".
CHAPTER VIII. -Reports article 8. a new paragraph 9 is added to article 179 of the Act of 8 August 1980, worded as follows: "§ § 9 9" 1. at the latest and for the first time on August 23, 2015, and every three years thereafter, a report on the implementation of Directive Euratom-70-2011 building evaluations and reports in respect of the Joint Convention is notified to the European Commission by the Ministers in their charge of the economy and energy. The Agency coordinates the activities of establishment and notification of the report to the Commission.
2. it is organized periodically, and all ten years at least, at the initiative of the competent Ministers, self assessments of the national framework, the competent regulatory authority, as well as the national Programme and its implementation.
3. it is organized periodically, and all ten years at least, at the initiative of the competent Ministers, an international peer review of the national framework, the competent regulatory authority and/or the national program to ensure the safe management of spent fuel and radioactive waste meets high safety standards.
4. the results of peer review are communicated to the Commission and the other Member States and made available to the public, provided that this is not incompatible with the security and confidentiality of the information."
CHAPTER IX. -Transitional provision relating to the characterization of radioactive waste art. 9. a new paragraph 11 is added to section 179 of the Act of 8 August 1980, worded as follows: "§ § 11 11" Such acceptance provided for in § 5, 7 °, is not required for spent fuel and radioactive substances of which the use planned or envisaged has not been the object of a national policy. This article does not prejudice the legal and regulatory provisions to which § 5, 7 °, returns. "."
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, June 3, 2014.
PHILIPPE by the King: the Minister of economy, J. VANDE LANOTTE the Minister of the Interior, Ms. J. MILQUET the Secretary of State for energy, M. WATHELET Scellé of the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) House of representatives (www.lachambre.be): Documents: 53-3477-2013/2014 full record: 22 April 2014 Senate (www.senate.be): Documents: 5-2868-2013/2014.