An Act To Amend Section 179 Of The Act Of 8 August 1980 On The Budget Proposals 1979-1980 To The Transposition Into The Domestic Law Of Directive 2011/70/euratom Of The Council Of 19 July 2011 Establishing A Community Framework For The

Original Language Title: Loi modifiant l'article 179 de la loi du 8 août 1980 relative aux propositions budgétaires 1979-1980 en vue de la transposition dans le droit interne de la Directive 2011/70/Euratom du Conseil du 19 juillet 2011 établissant un cadre communautaire pour la

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3 JUNE 2014. - An Act to amend section 179 of the Act of 8 August 1980 on Budgetary Proposals 1979-1980 for the transfer into domestic law of Council Directive 2011/70/Euratom of 19 July 2011 establishing a community framework for the responsible and safe management of spent fuel and radioactive waste (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I. - The foundation of the law
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Purpose of the law
Art. 2. This Act aims to transpose Council Directive 2011/70/Euratom of 19 July 2011 establishing a community framework for the responsible and safe management of spent fuel and radioactive waste.
CHAPTER III. - Definitions
Art. 3. A fifth paragraph is inserted in section 179 of the Act of 8 August 1980 on budgetary proposals 1979-1980, which states:
§ 5. For the purposes of this article, the following should be understood:
1° Closure: the completion of all operations following the deposit of spent fuel or radioactive waste in a storage facility, including the latest works or other work required to ensure, in the long term, the safety of the facility;
2° Competent Regulatory Authority: the Federal Nuclear Control Agency, established by section 2 of the Act of 15 April 1994 on the protection of the population and the environment from the hazards resulting from ionizing radiation and related to the Federal Nuclear Control Agency;
3° Storage: the deposit of spent fuel or radioactive waste in a facility, without intention of subsequent withdrawal, but without prejudice to the possibility of retrieval, if any, of a waste in accordance with the terms defined in the National Policies referred to in § 6 and § 7 of this Article;
4° Storage facility: any facility with the primary objective of radioactive waste storage;
5° Authorization: any legal document to undertake any activity related to the management of spent fuel or radioactive waste, the design, construction, commissioning, operation, dismantling or closure of a waste fuel or radioactive waste management facility;
6° License: a legal or physical person to whom an authorization has been issued;
7° Radioactive waste: a radioactive substance in a gaseous, liquid or solid form for which no subsequent use is provided or contemplated by the State or by a legal or physical person whose decision is accepted by the adoption of a National Policy on that substance referred to in § 6 and § 7 of this Article and which is considered to be a radioactive waste by the competent regulatory authority, or if that substance is to be considered radioactive waste on a legal basis
8° Radioactive waste management: all activities related to the handling, transportation, pre-treatment, processing, packaging, storage or storage of radioactive waste;
9° Radioactive waste management facility: any facility with the primary objective of radioactive waste management;
10° Reprocessing: a process or operation whose purpose is to extract radioactive isotopes from spent fuel for further use;
11° Used fuel: the nuclear fuel irradiated in the heart of a reactor that has been permanently removed from it; used fuel may be considered a valuable resource that may be reused or retired, or be intended for storage if considered to be a radioactive waste;
12° Waste fuel management: all activities related to the handling, transport, storage, reprocessing or storage of used fuel;
13° Waste fuel management facility: any facility with the primary objective of waste fuel management;
14° Storage: the maintenance of used fuel or radioactive waste in a facility with the intention of subsequent removal."
CHAPTER IV. - National policies
Art. 4. Two new paragraphs 6 and 7 are added to section 179 of the Act of 8 August 1980, as follows:
§ 6. By deliberately decreed in the Council of Ministers, on the proposal of the Organization and after the advice of the competent regulatory authority, the King shall establish and maintain national policies for the management of radioactive waste and spent fuel, based on the physical, chemical and radiological characteristics of waste and spent fuel, based at least on the following general principles:
1° the production of radioactive waste is maintained at the lowest level that is reasonably possible to achieve in terms of activity and volume, using appropriate design measures and operating and dismantling practices, including reprocessing and reuse of substances;
2° the interdependence of the various stages of production and management of spent fuel and radioactive waste is taken into account;
3° waste fuel and radioactive waste are managed safely, the long-term safety of a storage facility based in particular on safety devices that must become long-term liabilities;
4° the measures are implemented according to a graduated approach;
5° the costs of managing spent fuel and radioactive waste are borne by those who produced these substances;
6° a documented and evidence-based decision-making process governs all phases of waste fuel and radioactive waste management.
The National Policies referred to in the first paragraph are considered plans or programs within the meaning of the Act of 13 February 2006 on the assessment of the impact of certain plans and programs on the environment and public participation in the development of environmental plans and programmes.
National policies for the management of radioactive waste and waste fuel considered to be waste contain reversibility, recovery and monitoring procedures for a period to be determined as design and operation elements for each storage facility These terms and conditions are established taking into account the need to ensure the safety of the storage facility.
The National Policies contain the choice of sites for storage facilities on the proposal of the Organization that consults the competent regulatory authority.
The National Policies contain the modalities for monitoring these policies, if any by an independent multidisciplinary body.
The National Policies contain the accepted assumptions for further use of the different types of spent fuel on the proposal of waste fuel holders and after consultation with the Organization and the competent regulatory authority.
On the basis of safety findings, through monitoring, after the site is closed, the King may, by order deliberately in the Council of Ministers on the proposal of the Minister who has nuclear safety and security in his competence, impose the reopening of the storage facility and, where appropriate, the recovery of radioactive waste or spent fuel.
The reopening operations of the storage facility and, where applicable, the recovery of radioactive wastes or used fuel must be subject to an authorization issued on the basis of the Act of 15 April 1994 on the protection of the population and the environment from the hazards resulting from ionizing radiation.
§ 7. If radioactive waste or used fuel is transferred, for treatment or reprocessing, to another country, the ultimate responsibility for the safe and responsible storage of these substances, including any waste created as a by-product, continues to be the responsibility of the State, as a country from which radioactive substances have been transferred.
Radioactive waste produced in Belgian territory is stored there, unless at the time of transfer, an agreement taking into account the criteria established by the European Commission in accordance with Article 16, paragraph 2, of Directive 2006/117/Euratom, as transposed into the Royal Decree of 24 March 2009 regulating the import, transit and export of radioactive substances, has entered into force between the State and another storage country.
Before the transfer to that other country, the State shall inform the Commission of the content of such an agreement and shall take reasonable steps to ensure that:
(a) the country of destination has entered into an agreement with the Euratom Community on the management of waste fuel and radioactive waste or is a party to the Joint Convention on the Safety of Waste Management and on the Safety of Radioactive Waste Management ("Common Convention");
(b) the country of destination has radioactive waste management and storage programs whose objectives, at a high level of safety, are equivalent to those set out in Directive 2011/70/Euratom as transposed in this Act;
(c) the storage facility in the country of destination is authorized to receive radioactive wastes to be transferred, is in operation before the transfer and is managed in accordance with the requirements set out in the radioactive waste management and storage programme of that country of destination.
The provision of the preceding paragraph does not apply:
(a) repatriation to a supplier or manufacturer of sealed sources removed from the service;
(b) the transfer of spent fuel from research reactors to a country where research reactor fuels are supplied 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, as follows:
§ 10. Any natural or legal person who has an authorization or has certain obligations under this section shall make training arrangements for its staff and undertake research and development activities to meet the needs of the National Waste and Radioactive Waste Management Program, with a view to acquiring, maintaining and developing the necessary skills and qualifications. The King sets out the terms and conditions for the execution of this paragraph."
CHAPTER VI. - National Waste and Radioactive Waste Management Programme
Art. 6. A new paragraph 8 is added to section 179 of the Act of 8 August 1980, as follows:
§ 8. A National Program Committee is established to establish the National Waste and Radioactive Waste Management Program. This Committee consists of representatives of the Federal Public Service in charge of Energy, Organism and Society referred to in the first paragraph of this article, each involved in its competences and missions. The Committee is chaired by a representative of the Federal Public Service in charge of Energy. The Committee secretariat is provided by the Organization. The Committee may be assisted by experts and consult with various producers of radioactive waste and spent fuel.
For the management of radioactive waste and spent fuel, Ministers with Energy and Economy in their responsibilities set, by ministerial decree deliberated in the Council of Ministers, on the proposal of the Committee of the National Programme, and after consultation with the competent regulatory authority, a National Waste and Radioactive Waste Management Program. This Program, in particular, assesses the existing management patterns of spent fuel and radioactive waste, identifies the requirements for storage or storage facilities, identifies the capabilities required for these facilities and storage times, and, for radioactive waste that is not yet the subject of a final management mode, determines the objectives to be achieved. The National Program structure the implementation of research and studies on the management of spent fuel and radioactive waste by setting deadlines for the implementation of new management modes, the creation of facilities or the modification of existing facilities to meet the needs and objectives set out above.
The National Program is updated at regular intervals, and whenever a National Policy is taken or amended.
The coherence of the National Waste and Radioactive Waste Management Program must be sought, as well as its technical and economic optimization.
The National Programme includes the following:
(a) the general objectives of the National Policies referred to in paragraph 6 of this article in the management of waste fuel and radioactive waste;
(b) the significant timelines and clear schedules that will be used to meet these deadlines, taking into account the primary objectives of the National Programme;
(c) an inventory of all waste and radioactive waste fuels and estimates for future quantities, including those resulting from dismantling operations. This inventory clearly indicates the location and quantity of radioactive waste and spent fuel, in accordance with the appropriate classification of radioactive waste and spent fuel;
(d) technical concepts, plans and solutions for the management of spent fuel and radioactive waste from production to storage;
(e) concepts or plans for the period after the closure of a storage facility, including for the period during which appropriate control measures are maintained, as well as the means to be used to preserve the memory of the long-term installation;
(f) the necessary research, development and demonstration activities to implement waste fuel and radioactive waste management solutions;
(g) accountability for the implementation of the National Programme and key performance indicators to monitor the progress of implementation;
(h) an estimate of the costs of the National Program and the basis and assumptions used to formulate this estimate, which must be time-bound;
(i) the existing funding mechanism(s);
(j) transparency policy or procedure;
(k) where applicable, the agreement(s) with another country with respect to the management of used fuel or radioactive waste, including the use of storage facilities;
(l) the identification of additional requirements arising from the interdependence between the different management stages for each type of radioactive waste and spent fuel from production to storage in order to ensure overall articulation and coherence;
(m) information on any planned or planned changes in facilities and/or practices that may have an impact on the management of radioactive wastes and spent fuel;
(n) information relating to past or ongoing historical situations and professional activities that have generated or generated substances that may be described as radioactive wastes and the basic principles of the management modes envisaged for these radioactive wastes, if their management cannot be provided by existing management modes.
The National Programme Committee may request, upon request and without charge, from the operators of nuclear facilities and the holders of radioactive substances, any information relevant to the establishment of the National Program, and in particular information relating to the management of used fuel or radioactive waste before transfer to the Organization, to the operators of nuclear facilities and the holders of radioactive substances.
The National Programme is notified no later than 23 August 2015 to the European Commission at the initiative of Ministers with Economy and Energy in their responsibilities. Its subsequent substantive amendments are notified to the Commission in the month after their adoption. In the event of a request for information or clarification of the Commission, the Commission and subsequent revisions are provided within six months of receipt of the request. "
CHAPTER VII. - Financing
Art. 7. In paragraph 2, 11°, paragraph 2 of section 179 of the Act of 8 August 1980, the following sentence is added: "The costs for the establishment of the National Program are related to the establishment and maintenance of the inventory and are covered by the proceeds of the royalties referred to in this paragraph.".
CHAPTER VIII. - Reports
Art. 8. A new paragraph 9 is added to section 179 of the Act of 8 August 1980, as follows:
§ 9. 1. At the latest and for the first time on 23 August 2015, and then every three years, a report on the implementation of Directive 2011/70/Euratom using the evaluations and reports under the Joint Convention is notified to the European Commission by the Ministers with Economy and Energy in their responsibilities. The Organization coordinates the preparation and reporting activities to the Commission.
2. It is organized periodically, and at least every 10 years, at the initiative of the competent ministers, of self-assessments of the National Framework, the competent regulatory authority, and of the National Programme and its implementation.
3. It is organized periodically, and at least every 10 years, at the initiative of the competent ministers, an international peer review of the National Framework, the competent regulatory authority and/or the National Programme to ensure that the safe management of spent fuel and radioactive waste meets high-level safety standards.
4. The results of the peer review are communicated to the Commission and other Member States and made available to the public, provided that this is not inconsistent with the security and confidentiality of the information. "
CHAPTER IX. - Transitional provision for the qualification of radioactive waste
Art. 9. A new paragraph 11 is added to section 179 of the Act of 8 August 1980, as follows:
"§ 11. Acceptance as provided in § 5, 7° is not required for used fuels and radioactive substances whose intended or intended use has not yet been subject to a National Policy. This article does not prejudice the legal and regulatory provisions to which § 5, 7°, refers."
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 3 June 2014.
PHILIPPE
By the King:
Minister of Economy,
J. VANDE LANOTTE
The Minister of the Interior,
Ms. J. MILQUET
The Secretary of State for Energy,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives (www.lachambre.be):
Documents: 53-3477 - 2013/2014
Full report: 22 April 2014
Senate (www.senate.be):
Documents: 5-2868 - 2013/2014.