Law On 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

Original Language Title: Loi portant modifications de la loi du 15 avril 1994 relative à la protection de la population et de l'environnement contre les dangers résultant des rayonnements ionisants et relative à l'Agence fédérale de Contrôle nucléaire

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19 MARCH 2014. - An Act to amend 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



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - March 19, 2014. - 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. In Article 1er 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Control Agency, as amended by the Acts of 2 April 2003 and 30 March 2011, the definition of "nuclear inspectors" is repealed.
Art. 3. Section 9 of the Act, as amended by the Act of 2 April 2003, is replaced by the following:
“Art. 9. § 1er. Without prejudice to the powers of judicial police officers referred to in Article 8 of the Code of Criminal Investigation, the members of the statutory and contractual personnel of the Agency designated by the King for this purpose shall monitor compliance with the regulations of the European Union which fall within the competence of the Agency, the provisions of this Act, its enforcement orders, and the compliance with the conditions laid down in the authorizations, permissions or approvals in accordance with these provisions.er and 4 of Article III of the Treaty of 1er July 1968 on the non-proliferation of nuclear weapons.
§ 2. The personnel designated in accordance with § 1er are called "Nuclear Inspectors."
§ 3. The personnel designated in accordance with § 1er sworn in, prior to the exercise of their functions and in the terms provided for in section 2 of the Decree of 20 July 1831 concerning the oath to the implementation of the representative constitutional monarchy, in the hands of the minister exercising guardianship over the Agency or his delegate.
§ 4. Nuclear inspectors may exercise their powers over all Belgian territory, but only in order to control the enforcement of the provisions of this Act and its enforcement orders, as well as the compliance with the conditions set out in the authorizations, permissions or approvals pursuant to these provisions, of the Act of 20 July 1978 establishing provisions to allow the International Atomic Energy Agency to carry out inspection and verification activities on the territory of Belgium,er and 4 of Article III of the Treaty of 1er July 1968 on the non-proliferation of nuclear weapons, Act of 1er June 2005 on the application of the Additional Protocol of 22 September 1998 to the International Agreement of 5 April 1973 pursuant to Article III, paragraphs 1er and 4 of the Treaty of 1er July 1968 on the non-proliferation of nuclear weapons and articles 477 to 477sexies and 488bis of the Criminal Code.
§ 5. An updated nominative list of designated personnel in accordance with § 1er is published every two years at least in the form of a ministerial order.
The powers conferred in accordance with § 1er may be removed by the King. »
Art. 4. In the same law, an article 9bis is inserted, as follows:
"Art. 9bis. § 1er. By derogation from the possibility of applying section 29 of the Code of Criminal Investigation, the personnel referred to in section 9 have the right to give notices and to set a time limit for the offender to settle.
This period cannot exceed six months.
When the day on which the deadline is due is a Saturday, a Sunday or a legal holiday, it is postponed to the next business day.
§ 2. Members of the staff referred to in section 9 may note by written records that have been authenticated until proof of the contrary of the offences under this Act, its enforcement orders, as well as on the terms of the authorizations, permissions or approvals pursuant to these provisions, provided that a copy is forwarded to the alleged perpetrator of the offence within sixty days of the day following the day on which the violation is made. In the event of failure to comply with this deadline, the report shall be indicative.
§ 3. During the preparation of the minutes, the material findings made by them may be used, with their evidentiary strength, by other nuclear inspectors, by other inspection services or by members of the statutory or contractual personnel responsible for monitoring compliance with other legislation. »
Art. 5. Section 10 of the Act, as amended by the Act of 2 April 2003, is replaced by the following:
“Art. 10. § 1er. Staff members, referred to in section 9, with supporting documentation of their functions, shall have the following supervisory powers in the performance of their duties, both within the framework of the administrative processing jurisdiction, and in the course of the finding of offences by minutes:
1° they have, at any time and without prior warning, free access to the means of transport, factories, storage places, hospitals and, in a more general way, to all establishments where there are produced, manufactured, detained or used devices or substances capable of ionizing radiation, as well as to all places for which they may have a reasonable ground to assume that may be found by the aforementioned devices or substances, However, they do not have access to the manned premises or to other spaces and places actually fitted as dwellings and used as such only with the prior authorization of the investigating judge. A home visit authorization for access to inhabited spaces can be obtained after 21 hours and before 5 hours, with a specially motivated request addressed to the investigating judge;
2° they may conduct the examination or analysis of substances or a sample. The costs are borne by the operator or holder of the substances under section 31, § 3;
3° they may, without prejudice to the application of Article 47bis of the Code of Criminal Investigation and Article 2bis, § 2, of the Act of 20 July 1990 relating to preventive detention, interrogate either alone or in the presence of witnesses, the operator or the head of business, its attendants or agents, workers, including external workers, as well as all persons of whom they consider the necessary hearing, Depending on the case, the hearing is recorded in an inspection report or in a hearing report;
4° they may take the identity of the persons on the premises subject to their control and of whom they may reasonably presume that they are operators, business leaders, agents or agents, workers, including external workers, as well as all persons of whom they consider the necessary hearing for the exercise of surveillance. To this end, they may require such persons to submit official identification documents. They may also identify such persons with unofficial documents that they submit to them spontaneously when such persons are unable to submit official identification documents or when the personnel referred to in Article 9 doubt their authenticity or identity;
5° they may communicate on site all the information or be produced, on requisition and without movement, any books, records, records, records, magnetic tapes or any other information medium that they consider useful to their research and take extracts, duplicatas, impressions, listings, copies or photocopies or be provided without charge, or even seize any retrieval of information referred to above. The original support of the information must be retained at the Agency until a judgment or judgment that has acquired force of evidence has been pronounced, until the record has been filed without action or until the administrative fine, imposed in accordance with sections 53 to 62, has been paid;
6° they may search and examine all information materials relevant to their research that are located in institutions or other places that are subject to their control;
7° they can make findings by making photos, impressions and shootings by film or video, excluding findings in the form of observations within the meaning of Article 47sexies and following of the Code of Criminal Investigation or Telephone Listening within the meaning of Article 90ter et seq. of the Code of Criminal Investigation.
They may also use images from third parties, provided these people have made or obtained these images legitimately.
The findings of the staff members referred to in section 9 using the images they have made must include the following:
- the identity of the nuclear inspector;
- the provision under which the nuclear inspector is competent to act;
- the place and date of the offence;
- the identity of the alleged perpetrator and the persons concerned;
- the breached provision;
- a summary of the facts relating to the offences committed;
- the day, date, time and exact description of the place where the images were made;
- the complete identification of the technical equipment that enabled the images to be realized;
- a description of what is visible on the images in question, as well as the link to the offence found;
- when it comes to taking views of a detail, an indication of the image to determine the scale;
- where there are several reproductions or supports, a numbering of these reproductions or supports.
The original support of the images is retained at the Agency until a judgment or judgment that has acquired force of evidence has been pronounced, up to the unfulfilled classification of the file or to the payment of the administrative fine imposed under sections 53 to 62;
8° they may request or search for and examine directly, at no cost and on a simple request, all relevant information material from the service that exercises physical control within the facility that is the subject of the research, from the service that monitors this control or from the entities referred to in section 14bis, as well as from vendors, suppliers, manufacturers and importers of sources of ionizing radiation and from experts who perform work in the establishments
9° they may order that the documents whose display is provided by the laws of which they exercise supervision, be and remain effectively displayed within a time frame that they determine or without delay.
§ 2. The seizure of medical records can only be ordered by the investigating judge.
§ 3. Staff members referred to in Article 9 may, in the event of obstruction of the powers referred to in § 1er, prepare a report for obstruction of surveillance.
They may require the assistance of the federal or local police services. »
Art. 6. In the same law, an article 10bis is inserted:
"Art. 10bis. § 1er. The personnel referred to in section 9 shall guarantee the confidential nature of the confidential data or business secrets that they are aware of in the performance of their mission and shall ensure that such data will be used only in the exercise of their surveillance mission.
Information concerning personal medical data may only be disclosed or used in accordance with medical confidentiality.
When the information material referred to in Article 10, § 1er, 5°, 6° and 7°, contain personal data relating to health, access to these information materials, as well as the processing and recording of the information they contain, is done by personnel referred to in section 9 who have a legal degree of doctor in medicine.
§ 2. The personnel referred to in section 9 shall provide the relevant information collected during their investigation to the personnel responsible for the control of other legislation.
The King shall determine by a deliberate order in the Council of Ministers and on the proposal of the Minister of Interior and Ministers responsible for the inspection services referred to in paragraph 1er, the terms and conditions of the exchange of information.
However, the information collected in connection with the performance of duties prescribed by the judicial authority may only be disclosed with the authorization of the judicial authority and the acts, documents, records, documents or information relating to judicial proceedings may only be communicated through the express authorization of the Attorney General.
§ 3. All State departments that depend on the federal government must, and other State departments, including prosecutors and court offices, communities, regions, provinces, agglomerations, federations of communes, communes, associations of which they are part, public institutions that depend on them, may provide to the nuclear inspectors and, at their request, all the information, as well as produce them,
All of the above-mentioned services, with the exception of community and regional services, are required to provide this information, extracts, duplicates, impressions, listings, copies or photocopies without charge.
However, the findings, acts, documents, records, documents or information collected before or during the performance of duties prescribed by the competent judicial authority may only be communicated with the express authorization of the competent judicial authority.
A cooperation agreement between the State, the communities and the regions, pursuant to Article 92 bis, § 1er, of the special law of 8 August 1980 of institutional reforms, regulates the communication of information by the services of communities and regions, as well as other forms of mutual assistance and collaboration.
§ 4. Any decision on the public action of the offence leader on the legislation in which they exercise supervision shall be communicated, at their request, to the staff members referred to in section 9 who have made a report.
The communication of this decision to the personnel referred to in section 9 is made at the diligence, as the case may be, of the body of the Public Prosecutor's Office, the Registrar of the Court of First Instance or the Court of Appeal who pronounced it.
§ 5. The Public Prosecutor ' s Office, in the courts and tribunals that are seized of a criminal case whose examination reveals serious offences against the law and its enforcement orders, may inform the Director General of the Agency. »
Art. 7. In the same law, an article 10ter is inserted, as follows:
"Art. 10ter. Staff referred to in Article 9 may not have any direct or indirect interest in the companies or institutions that they are responsible for controlling, which may compromise their objectivity. »
Art. 8. In the same Act, an article 10quater is inserted, as follows:
"Art. 10quater. § 1er. As a result of the finding of an offence to the law or its enforcement orders or the failure to comply with the conditions set out in the authorizations, permissions and approvals issued pursuant to these provisions, the personnel referred to in section 9 may impose administrative measures on the operator or the business leader.
§ 2. Administrative measures may take the form of:
1° of an order to the operator or the business leader to take measures to terminate the offence, to complete or partially repair its consequences or to prevent its repetition;
2° of an order to the operator or the head of business to cease the activities, work or use of business, to repair or prevent the recurrence of their consequences wholly or partially;
3° of an effective act by the personnel referred to in section 9, at the expense of the operator or the chief of business, with a view to ending the offence, completely or partially repairing their consequences or preventing the repetition of the offence;
4° of a combination of the measurements referred to in points 1°, 2° and 3°;
In the cases referred to in § 2, 1 and 2°, the decision to impose an administrative measure is accompanied by a deadline for implementation.
In the cases referred to in § 2, 1° and 2°, the conditions for lifting the administrative measure are, if any, described in the decision to impose the administrative measure.
§ 3. Administrative measures may include:
1 the arrest or execution of works, acts or activities;
2° the prohibition of use or the application of seals on buildings, installations, machinery, apparatus, means of transport, packages and radioactive substances;
3° the entire or partial closure of an establishment;
4° the removal of objects, machines, apparatus, packages and radioactive substances;
5° the storage of objects, machines, apparatus, packages and radioactive substances in an adequate place.
§ 4. For the performance of the administrative measures referred to in § 2, 3°, the personnel referred to in Article 9 may use the control powers described in Article 10bis, § 1er.
Art. 9. In the same law, an article 10quinquies is inserted as follows:
"Art. 10quinquies. § 1er. Administrative measures are imposed in writing. The decision imposing an administrative measure shall be notified to the operator or to the chief of business either by registered letter with acknowledgement of receipt or by surrender against receipt.
At least the decision states:
1st provision(s) that has not been respected;
2° an overview of the findings of the offence;
3° the identity of the personnel referred to in Article 9;
4° a description of the administrative measures imposed and their deadline for implementation;
5° where applicable, the conditions to which the administrative measure described in Article 10quater, § 2, 1° and 2°, shall be extinguished;
6° the possibility of bringing an appeal to the Minister under the Agency against the decision to impose an administrative measure, as well as the forms and time limits to be respected.
Except in emergency cases, administrative measures are imposed after hearing the operator or the business leader.
§ 2. The administrative measures referred to in Article 10quater, § 2, 1 and 2°, may be waived ex officio or at the request of the operator or the head of business, where the conditions described in the decision are met or in the event of exceptional circumstances or when the situation changes.
§ 3. The operator or head of business to whom an administrative measure referred to in Article 10quater, § 2, 1 or 2°, is imposed may request the lifting of this administrative measure to the staff member referred to in Article 9 who has imposed the measure.
A staff member referred to in Article 9 who has imposed the measure shall decide within fifteen days of the notification of the application filed either by registered letter with acknowledgement of receipt or by surrender against receipt.
The decision shall be communicated to the operator or the head of business within 10 days of the day on which the decision was made. »
Art. 10. In the same law, an article 10sexies is inserted, as follows:
"Art.10sexies. § 1er. The administrative measures referred to in Article 10quater, § 2, 1° and 2°, may be accompanied by an administrative interference in case the order of termination or regularization is not executed or not fully executed.
The decision imposing an administrative measure referred to in Article 10quater, § 2, 1 and 2°, determines the level of the amount of the offence and the terms and conditions.
§ 2. The offence may be fixed either at a single sum or at a specified sum per unit of time or by contravention. In the latter two cases, an amount beyond which the conviction to be held will also be determined.
§ 3. The stay may be lifted, the course may be suspended for a specified period of time or the amount of the stay may be reduced at the request of the operator or the head of business, if the operator is unable to meet its obligations on a final or temporary, total or partial basis.
The lifting of the administrative measure automatically leads to the lifting of the administrative component.
§ 4. The infringement shall be payable in full right at the expiry of the period of execution of the order of termination or regularization.
The offence is prescribed by the expiration of a period of six months from the date it is incurred.
Administrative interferences are collected and recovered in accordance with Article 30bis, §§ 4 and 5, for the benefit of the Agency. »
Art. 11. In the same Act, an article 10sevenies is inserted, as follows:
"Art. 10s. § 1er. Staff members referred to in section 9 may take or impose all appropriate measures, including organizational measures, which they consider necessary for the health and safety of workers and the population and for the protection of the environment at the level of ionizing radiation, both in order to prevent hazards, and in order to combat or eliminate defects or nuisances that they perceive and consider.
§ 2. Security measures are imposed in writing. The decision imposing a security measure is notified to the person responsible either by registered letter with acknowledgement of receipt or by surrender against receipt.
At least the decision states:
1° a description of the danger to the health and safety of workers, the population and the environment;
2° a description of the security measure and possible implementation time;
3° the possibility of bringing an appeal to the Minister under the authority of the Agency against the decision imposing a security measure, as well as the forms and time to be respected.
When an immediate intervention is required, a security measure may also be imposed orally to the person responsible. If the responsible person is not present, a written notice is posted on site to a visible location. The security measure imposed orally must be confirmed in writing within five days.
§ 3. If the responsible person does not implement or may not implement the security measures imposed, the personnel referred to in section 9 may order, at the expense of the responsible person, the disposal of the radioactive substances that are the subject of the security measures and their management as radioactive wastes.
The King shall, by order deliberately in the Council of Ministers, determine the manner in which the costs resulting from the execution of the decision referred to in paragraph 1er are covered.
§ 4. Security measures may be lifted ex officio or at the request of the person concerned if the danger in question has been avoided, combated or eliminated.
The interested person to whom a security measure has been imposed may apply to the nuclear inspector who has imposed the measure.
A staff member referred to in Article 9 who has imposed the measure shall decide within fifteen days of the notification of the application filed either by registered letter with acknowledgement of receipt or by surrender against receipt.
The decision is communicated to the interested party within ten days of the adoption of the decision. »
Art. 12. Section 11 of the Act, replaced by the Act of 2 April 2003, is replaced by the following:
“Art. 11. § 1er. The responsible person may appeal to the Minister to whom the Agency reports against the decision imposing an administrative measure, if any, an administrative measure, against the decision refusing to lift an administrative measure, against the decision imposing a security measure and against the decision refusing to lift a security measure.
§ 2. The appeal shall be filed within fifteen calendar days of notification of the decision being appealed. The appeal is filed by registered letter and sent to the Minister under the Agency.
§ 3. The appeal does not suspend the execution of the contested decision.
§ 4. It is decided within a maximum period of three months after the introduction of the appeal. If the Minister has not made a decision within a maximum period of three months following the introduction of the appeal, the appeal shall be deemed to be justified. In this case, the measures subject to the appeal are waived by law.
§ 5. The King shall determine by a deliberate order in the Council of Ministers and on the proposal of the Minister of the Interior the procedural rules applicable to the appeal referred to in this provision. »
Art. 13. Section 19 of the Act is supplemented by a paragraph written as follows:
"The Agency shall communicate to the Minister who has Public Health in his or her powers a copy of the approvals and authorizations referred to in paragraph 1er. »
Art. 14. Section 44, paragraph 2, of the Act is supplemented by the 3rd, which reads as follows:
"3° a possible supplementary allowance for statutory staff members made available to the Agency under section 46bis. »
Art. 15. Article 45, § 1er, of the same law, replaced by the law of 12 December 1997, is supplemented by a paragraph written as follows:
"The members of the transferred personnel dressed in the capacity of a judicial police officer lose that quality on their transfer to the Agency. »
Art. 16. Section 46 of the Act is repealed.
Art. 17. Article 46bis, § 5, of the same law, inserted by the law of 3 May 1999, is replaced by the following:
Ҥ 5. Federal Public Service staff Justice who are available and coated with the quality of judicial police officers retain this quality to 1er January 2015 at the latest.
By derogation from Article 9, the staff of other public services referred to in Article 45, § 1er, may, in the course of their disposition, be made of the quality of judicial police officer by the King. They keep this quality until 1er January 2015 at the latest.
For the loss of the quality of judicial police officer, the King may set a date prior to that mentioned in paragraphs 1er and 2. »
Art. 18. In article 54, paragraph 1er, of the same law, replaced by the Act of 20 July 2005, the words "a judicial police officer" are replaced by the words "the personnel referred to in section 9".
Art. 19. In Article 62, § 1er, paragraph 4, of the Act, replaced by the Act of 20 July 2005, the words "the judicial police officers members of the Agency" are replaced by the words "the personnel referred to in section 9".
CHAPTER 3. - Amendment of the Act of 20 July 1978 establishing provisions to allow the International Atomic Energy Agency to carry out inspection and verification activities on Belgian territory, pursuant to the International Agreement of 5 April 1973 pursuant to §§ 1er and 4 of Article III of the Treaty of 1er July 1968 on the non-proliferation of nuclear weapons
Art. 20. Article 10, paragraph 2, of the Act of 20 July 1978 establishing provisions to allow the International Atomic Energy Agency to carry out inspection and verification activities in Belgian territory, pursuant to the International Agreement of 5 April 1973, pursuant to §§ 1er and 4 of Article III of the Treaty of 1er July 1968 on the non-proliferation of nuclear weapons, replaced by the Act of 15 April 1994, is replaced by the following:
"The nuclear inspectors of the Federal Nuclear Control Agency, established by the Act of 15 April 1994, are entitled to accompany inspectors during the inspection activities referred to in this Act. »
CHAPTER 4. - Abrogatory provisions
Art. 21. The Royal Decree of 20 July 2001 on the responsibilities and designation of members of the Federal Nuclear Control Agency's control service responsible for overseeing the application of 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 Nuclear Control Agency is repealed.
Art. 22. In section 79.3 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, paragraph 1er is repealed.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 19 March 2014.
PHILIPPE
By the King:
The Minister of the Interior,
Ms. J. MILQUET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
Session 53
House of Representatives
Parliamentary documents. - Bill No. 53-2941/1. Amendment No. 53-2941/2. - Report No. 53-2941/3. - Text adopted in Committee No. 53-2941/4. - Text adopted in plenary meeting No. 53-2041/5.
Senate
Parliamentary documents. - Project not mentioned 2486/001-2013/2014-0