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

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014202560&caller=list&article_lang=F&row_id=700&numero=704&pub_date=2014-06-06&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-06-06 Numac: 2014202560 Interior FEDERAL PUBLIC SERVICE March 19, 2014. -Law concerning 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 PHILIPPE, King of the Belgians, all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -19 March 2014. -Changes of 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.
2. in article 1 of 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nuclear control, as amended by the laws of April 2, 2003 and March 30, 2011, the definition of "nuclear inspectors" is repealed.
S. 3. article 9 of the Act, as amended by the Act of April 2, 2003, is replaced by the following: «art.» 9 § 1. Without prejudice to the powers of judicial police officers referred to in article 8 of the Code of criminal procedure, the statutory and contractual Agency staff members appointed by the King for this purpose monitor compliance with European Union regulations which fall within the competence of the Agency, of the provisions of this Act, of its orders of execution, as well as the respect of the conditions laid down in the authorizations , permissions or approvals in pursuance of these provisions, and are responsible for the accompaniment in accordance with article 10, paragraph 2, of the Act of 20 July 1978 laying down specific provisions for the international agency of atomic energy to conduct inspection and verification on Belgian territory, in implementation of the international agreement of 5 April 1973 taken pursuant to §§ 1 and 4 of article III of the Treaty of 1 July 1968 on the non-proliferation of weapons nuclear.

§ 2. The staff members designated in accordance with the § 1 are named "nuclear inspectors".
§ 3. The staff members designated in accordance with the § 1 oath, prior to the exercise of their functions and in the terms provided for in article 2 of the Decree of 20 July 1831 on the oath in the implementation of representative constitutional monarchy, the hands of the Minister exercising guardianship over the agency or its delegate.
§ 4. Nuclear inspectors can exercise their powers on the whole Belgian territory, but only to monitor the implementation of the provisions of this Act and its orders of execution, as well as the respect of the conditions set in the permissions, the permissions or approvals in pursuance of these provisions of the Act of 20 July 1978 laying down specific provisions to allow the International Atomic Energy Agency to conduct inspection and verification on the Belgian territory in implementation of the international agreement of 5 April 1973 taken pursuant to §§ 1 and 4 of article III of the Treaty of 1 July 1968 on the non-proliferation of nuclear weapons, of the Act of June 1, 2005 on the application of the additional protocol of September 22, 1998 to the international agreement of 5 April 1973 made under article III , paragraphs 1 and 4, of the Treaty of 1 July 1968 on the non-proliferation of nuclear weapons and articles 477 to 477sexies and 488bis of the Criminal Code.
§ 5. A updated list of names of staff members appointed in accordance with the § 1 is published every two years at least in the form of a ministerial order.
The powers conferred in accordance with the § 1 can be removed by the King. » Art. 4. in the same Act, it is inserted an article 9bis, worded as follows: «art.» 9bis. § 1.
Notwithstanding the possibility of applying article 29 of the Code of criminal investigation, the staff members referred to in article 9 have the right give warnings and fix the infringer a deadline to rule.
This period may not exceed six months.
When the day of the expiry of the time limit to rule is a Saturday, a Sunday or a legal holiday, it was postponed to the following working day.
§ 2. Staff members referred to in article 9 may find in the minutes authentic until evidence to the contrary the offences under this Act, in its orders of execution, as well as to the conditions set in the permissions, the permissions or approvals in pursuance of these provisions, provided that a copy is transmitted to the alleged perpetrator of the offence within a period of sixty days taking courses the next day of the day of the offence. In the event of failure to observe this deadline, the minutes is indicatively.
§ 3. Compiling minutes, the material findings by them can be used with their probative force, by other nuclear inspectors, by other services of inspection or by the members of the personnel statutory or contractual responsible for monitoring compliance with other laws. » Art. 5. article 10 of the Act, as amended by the Act of April 2, 2003, is replaced by the following: «art.» 10 § 1.
The members of staff, referred to in article 9, with exhibits of their function, have control skills following in the exercise of their mission, both in the context of the jurisdiction of administrative processing, as part of the finding of infringements by minutes: 1 ° they have, at any time and without prior notice, free access to the means of transport , to the plants, to places of storage, hospitals and, more generally, to all schools where are produced, manufactured, held or used equipment or substances capable of ionizing radiation, as well as to all the places for which they may have reasonable cause to assume that can be found devices or substances above, subject to the provisions of the laws which they exercise monitoring , or evidence of the existence of an offence. However, they have access to living quarters or in other spaces and places actually developed as housing and used as such only with the prior permission of the investigating judge. Authorization of home visit for access to the inhabited spaces can be obtained after 9 pm and before 5 p.m., through a specially reasoned request to the investigating judge;
2 ° they can conduct the examination or analysis of substances or a sample. The expenses are responsibility of the operator or the owner of substances pursuant to article 31, paragraph 3;
3 ° they may, without prejudice to the application of article 47bis of the Code of criminal procedure and article 2bis, § 2 of the pre-trial detention Act of 20 July 1990, query either alone or in the presence of witnesses, the operator or the head of company, its servants or agents, workers, including external workers, as well as all those which they consider necessary hearing on any fact which is relevant to the exercise of supervision. According to the case, the hearing is recorded in an inspection report or a notice of hearing;
4 ° they can take on the identity of persons found on the premises subject to their control and which they can reasonably assume that they are farmers, business leaders, servants or agents, workers, including external workers, as well as all those which they consider necessary audition for the exercise of supervision. For this purpose, they may require these persons the presentation of official identification documents. In addition, they can identify these individuals using non-official documents that they spontaneously submit them when these persons are not able to present official identification or documents when the staff members referred to in article 9 doubt their authenticity or the identity of those persons;
5 ° they can get information on the spot or be produce, on demand and without moving, all books, records, documents, disks, tapes or other media of information they deem useful to their research and take extracts, duplicates, prints, listings, copies or photocopies or getting provide toll free , or even grab any supra info support against a receipt. The original information medium must be kept at the Agency until a judgment or a decision having acquired force of res judicata was pronounced, until the folder has filed no further action or until the administrative fine imposed in accordance with articles 53 to 62 has been paid;
6 ° they can search for and view all media information useful to their research located in institutions or other places which are subject to their inspection;
7 ° they can make findings in making photos, impressions and shooting film or video, excluding the findings as comments within the meaning of article 47sexies et seq. of the Code of criminal or wiretapping investigation in the

meaning of article 90B and following of the Code of criminal procedure.
They can also use images from third parties, provided that these people have made or obtained these images of how legitimate.
The findings made by the staff members referred to in article 9 through the images that they have carried out must include the following data:-the identity of the nuclear inspector;
-the provision whereby the nuclear inspector is competent to act;
-the place and the date of the offence;
-the identity of the alleged perpetrator and the persons concerned;
-the arrangement violated;
-a succinct statement of the facts in relation to the offences committed;
-the day, date, time and the exact description of the place where the images have been carried out;
-the identification complete technical equipment used to capture the images.
-a description of what is visible on the images in question, as well as the link with the infringement;
-When it comes to a shooting of a detail, an indication of the image to determine the scale;
-When there are several reproductions or multiple formats, numbering of these reproductions or these supports.
The original images support is kept at the Agency until a judgment or a decision having acquired force of res judicata was pronounced, until the closure of the folder or to the payment of the administrative fine imposed pursuant to sections 53 to 62;
8 ° they can ask or search and consider directly, free of charge and on simple request all media information useful to service controlling physical within the institution that is the subject of the research, from the service that monitors this control or with the entities referred to in article 14bis, as well as with vendors, suppliers, manufacturers and importers of sources of ionizing radiation and from the experts who perform work in the institutions;
9 ° they can order that documents whose display is provided for by the legislation which they exercise monitoring, be and remain effectively displayed within a period which they determine or without delay.

§ 2. The seizure of medical records may be ordered by the investigating judge.

§ 3. The staff members referred to in article 9 may, in case of obstruction to the target allocations to the § 1, maintain a record for obstacle to monitoring.
They may require the assistance of the police services, federal or local. » Art. 6. in the same Act, it is inserted an article 10bis as follows: «art.» 10bis. § 1.
The staff members referred to in article 9 guarantees the confidentiality of the confidential information or business secrets of which they become aware in the exercise of their mission and ensure that these data will be used only in the exercise of their supervisory functions.
Information about personal medical data may be disclosed or used only in respect of medical confidentiality.
When the media referred to in article 10, § 1, 5 °, 6 ° and 7 °, contain personal data concerning health, access to these information carriers, as well as the processing and recording of the information they contain, is done by members of the staff referred to in article 9 which have a diploma of doctor of medicine.
§ 2. The staff members referred to in article 9 shall communicate useful information gathered during their investigation to the members of staff responsible for the control of other legislation.
The King determines by order deliberated in Council of Ministers and on the proposal of the Minister of the Interior and Ministers responsible for inspections services referred to in paragraph 1, the terms of the exchange of information.
However, the information collected on the occasion of the execution of duties prescribed by the judicial authority may be disclosed only with the authorization and acts, parts, records, documents or information relating to the proceedings shall not be disclosed only with the express permission of the Attorney general.
§ 3. All services of the State which depend on the federal Government, and other services of the State, including public prosecutors and the registries of the courts and tribunals, communities, regions, provinces, agglomerations, federations of municipalities, municipalities, associations of which they are part, public institutions that depend on it, can provide nuclear inspectors and, at their request all information, as well as their produce to take knowledge, all books, records, documents, discs, magnetic tape or any other medium with information and provide them with duplicates, prints, listings, excerpts, copies or photocopies that nuclear Inspectors believe relevant to the law and its enforcement orders which they are responsible.
All the aforesaid services, with the exception of the communities and regions, are required to provide such information, extracts, duplicate, print, listings, copies or photocopies.
However, findings, acts, parts, records, documents or information collected before or during the execution of duties prescribed by the competent judicial authority may be disclosed only with the express permission of it.
A cooperation agreement concluded between the State, the communities and regions, in application of article 92bis, § 1, of the Special Act of 8 August 1980 institutional reforms, rule the disclosure of information by the services of the communities and the regions, and other forms of mutual assistance and collaboration.
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4. Any decision on the public action of the head of offence against the laws which they exercise monitoring will be, at their request, to the knowledge of the staff members referred to in article 9 which drew record.
The communication of this decision to the members of the staff referred to in article 9 is made to due diligence, as applicable, of the body of the public prosecutor who has taken her, the clerk of the Court of first instance or the Court of appeal that it was pronounced.
§ 5. The Crown near courts and court hearing of a criminal case which examination reveals the suspicion of offence to the Act and to its orders of execution, may inform the Director-general of the Agency. » Art. 7. in the same Act, it is inserted an article 10B, as follows: «art.» 10B. the staff members referred to in article 9 may have an interest, direct or indirect, in companies or institutions that they are responsible for control, likely to compromise their objectivity. » Art. 8. in the same Act, it is inserted a numbered article 10quater, as follows: «art.» 10quater. § 1. As a result of a finding of an offence under the Act or its orders of execution or failure to comply with the conditions set in the permissions, permissions and approvals issued in pursuance of these provisions, the staff referred to in article 9 may impose administrative measures to the operator or to the Manager of business.

§ 2. Administrative measures may take the form: 1 ° an order operator or business leader to take steps to put an end to the infringement, to repair fully or partially its consequences or prevent repetition;
(2) an order to the operator or business leader to cease activities, work or business use, repair fully or partially their consequences or prevent repetition;
3 ° of an effective action taken by the staff members referred to in article 9, at the expense of the operator or business leader, to put an end to the infringement, to repair fully or partially their consequences or prevent repetition;
4 ° from a combination of the measures referred to in items 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 the lifting of administrative action are, where appropriate, described in the decision to impose the administrative action.
§ 3. Administrative measures among others may involve: 1 ° the judgment or execution of works, acts or activities;
2 ° the prohibition of use or the sealing of buildings, installations, machinery, equipment, means of transport, packages and radioactive substances;
3 ° the whole or part of a facility closure;
4 ° the removal of objects, machines, devices, packages and radioactive substances;
5 ° the storage objects, machines, equipment, packages and radioactive substances in a suitable place.

§ 4. For the implementation of the administrative measures referred to in § 2, 3 °, the staff members referred to in article 9 can use control skills described in article 10bis, § 1.
S. 9. in the same Act, it is inserted an article 10 d as follows: «art.» 10 d. § 1. Administrative measures are imposed by written. Decision imposing an administrative measure shall be notified to the operator or to the Manager business either by registered letter with acknowledgement of receipt, or by delivery against receipt.
The decision shall contain at least: 1 ° the provision (s) has (have) not been complied (s);
2 ° an overview of findings relating to the offence;
3 °

the identity of the members of the staff referred to in article 9;
4 ° a description of imposed administrative measures and their implementation period;
5 ° where appropriate, the conditions to which the administrative measure described in article 10quater, § 2, 1 ° and 2 °, will turn off;
6 ° the possibility of introducing to the Minister with jurisdiction over the Agency appealed against the decision imposing an administrative measure, as well as forms and the time limit.
Except in cases of urgency, the administrative measures are imposed after hearing the operator or business leader.

§ 2. Administrative measures referred to in article 10quater, § 2, 1 ° and 2 °, can be raised ex officio or at the request of the operator or the head of enterprise, when the conditions described in the decision are met or in exceptional circumstances or when the situation is changing.

§ 3. The operator or business leader 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 Member of staff referred to in article 9, which imposed the measure.
The Member of staff referred to in article 9, which has imposed far statue within a period of fifteen days following the notification of the application either by registered letter with acknowledgement of receipt, either by delivery against receipt.

The decision is communicated to the operator or to the employer within a period of ten days taking course the day after the day when the decision was taken. » Art. 10. in the same Act, it is inserted an article 10sexies, worded as follows: 'Art.10sexies. § 1.
Administrative measures referred to in article 10quater, § 2, 1 ° and 2 °, may be accompanied by an administrative penalty payment in case the order termination or adjustment is not performed or not fully implemented.
Decision imposing an administrative measure referred to in article 10quater, § 2, 1 ° and 2 °, determines the level of the amount of the penalty payment and the terms and conditions.

§ 2. The penalty may be fixed either a lump sum or an amount determined by unit of time or contravention. In these last two cases, an amount above which the conviction to the penalties will cease its effects can also be determined.
§ 3. The penalty can be lifted, its course may be suspended for a specified period or the amount of the penalty may be reduced at the request of the operator or the entrepreneur, if the latter is unable to definitive or temporary, total or partial to comply with its obligations.
The lifting of the administrative action automatically lead to the lifting of the administrative penalty.

§ 4. The penalty is payable by full right to the expiry of the period of execution of the order for cessation or regularization.
The penalty prescribed by the expiration of a period of six months from the date when it is incurred.
Administrative penalties are collected and recovered in accordance with article 30bis, §§ 4 and 5, for the benefit of the Agency. » Art. 11. in the same Act, it is inserted an article 10septies, worded as follows: «art.» 10septies. § 1. The staff members referred to in article 9 may take or impose all appropriate measures, including organizational, as they consider necessary for the health and safety of workers and of the population and for the protection of the environment at the level of ionizing radiation, both to prevent hazards, to combat or eliminate defects or nuisance that they find and what they see as a danger.
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2. Security measures are imposed in writing. Decision imposing a security measure shall be notified to the responsible person or by registered letter with acknowledgement of receipt, or by delivery against receipt.
The decision shall contain at least: 1 ° a description of the danger to the health and safety of workers, the population and the environment;
2 ° a description of the measure of security and the possible delay in implementation;
3 ° the possibility of introducing to the Minister with jurisdiction over the Agency appealed against the decision imposing a measure of security, as well as forms and the time limit.
Where immediate action is required, a security measure can also be imposed orally to the responsible person. If the person responsible is not present, a written notice is affixed to place in a visible location. The imposed security measure orally must be confirmed in writing within five days.
§ 3. If the person responsible does not or cannot implement the security measures imposed, members of the staff referred to in article 9 may order, at the expense of the person responsible for the discharge of radioactive substances which are the subject, as well as their management as radioactive waste.
The King lays down the procedures whereby the expenses resulting from the execution of the decision referred to in paragraph 1 are covered by Decree deliberated in the Council of Ministers.
§ 4. Security measures can be raised ex officio or at the request of the person concerned if the danger in question was avoided, fought or eliminated.
The person to whom a security measure has been imposed may request the lifting of this measure the nuclear inspector who has imposed the measure.
The Member of staff referred to in article 9, which has imposed far statue within a period of fifteen days following the notification of the application either by registered letter with acknowledgement of receipt, either by delivery against receipt.
The decision is communicated to the person concerned within a period of ten days taking courses the day following the adoption of the decision. » Art. 12. article 11 of the same Act, replaced by the law of April 2, 2003, is replaced by the following: «art.» 11 § 1. The responsible person may appeal to the Minister responsible for the Agency against the decision imposing an administrative measure with, where appropriate, administrative penalty, against the decision refusing the lifting of an administrative measure, against the decision imposing a security measure and the decision refusing a security measure thrown.
§ 2. Under penalty of inadmissibility, the action is brought within a period of fifteen days calendar of the notification of the decision subject to the appeal. The action is brought by registered letter addressed to the Minister with jurisdiction over the Agency.
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3. The appeal does not suspend the execution of the impugned decision.
§ 4. It is held within a period of maximum three months after the introduction of the remedy. If the Minister has not taken decision within a period of maximum three months following the introduction of the appeal, the appeal is deemed founded. In this case, recourse measures are lifted ipso jure.
§ 5. The King determines by order deliberated in the Council of Ministers and on the proposal of the Minister of the Interior rules of procedure applicable to the remedy referred to in this provision. » Art. 13. article 19 of the same Act is supplemented by a paragraph as follows: 'The Agency shall inform the Minister having health in its attributions a copy of approvals and authorisations referred to in paragraph 1.'
S. 14. article 44, paragraph 2, of the Act is supplemented by 3 °, as follows: «3 ° a possible supplementary premium for members of the staff put at the disposal of the Agency under article 46bis.»
S. 15. article 45, § 1, of the same law, replaced by the law of 12 December 1997, is supplemented by a paragraph worded as follows: "the transferred staff members bear the quality of judicial police officer lose Office this quality during their transfer to the Agency."
S. 16. article 46 of the Act is repealed.
S. 17. article 46bis, § 5, of the Act, inserted by the law of May 3, 1999, is replaced by the following: "§ § 5 5.» Members of the staff of the federal public Service Justice available and coated quality officer of judicial police retain this quality until January 1, 2015 at the latest.
By way of derogation from article 9 of the staff of other public services referred to in article 45 § 1, may, in making it available, bear the quality of judicial police officer by the King. They retain this quality until January 1, 2015 at the latest.
For the loss of the quality of judicial police officer, the King may fix a date earlier than that referred to in paragraphs 1 and 2. » Art. 18. in article 54, paragraph 1, of the Act, replaced by the law of 20 July 2005, 'a judicial police officer' shall be replaced by the words 'the staff referred to in article 9'.
S. 19. in article 62, § 1, paragraph 4, of the Act, replaced by the law of 20 July 2005, the words "police officers judicial members of the Agency" shall be replaced by the words 'the staff referred to in article 9'.
CHAPTER 3. -Amendment of the law of 20 July 1978 laying down specific provisions to allow the International Atomic Energy Agency to conduct inspection and verification on Belgian territory, in implementation of the international agreement of 5 April 1973 taken pursuant to §§ 1 and 4 of article III of the Treaty of 1 July 1968 on the non-proliferation of nuclear weapons arts. 20. article 10, paragraph 2, of the Act of 20 July 1978 laying down specific provisions to allow the International Atomic Energy Agency to carry out inspection and verification activities

on Belgian territory, in implementation of the international agreement of 5 April 1973 taken pursuant to §§ 1 and 4 of article III of the Treaty of 1 July 1968 on the non-proliferation of nuclear weapons, replaced by the law of 15 April 1994, is replaced by the following: "nuclear Federal Nuclear Control Agency inspectors, created by the Act of 15 April 1994. have the right to accompany inspectors during inspection activities referred to in this Act. » CHAPTER 4. -Provisions repealing art. 21. the royal decree of 20 July 2001 on the assignments and the designation of the members of the control of the Federal Agency for nuclear control service responsible for ensuring the application of 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 is repealed.
S. 22. in article 79.3. of the royal decree of 20 July 2001 on the general regulation for the protection of the population, workers and the environment against the dangers of ionizing radiation, the 1st paragraph is repealed.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on March 19, 2014.
PHILIPPE by the King: the Minister of the Interior, Ms. J. MILQUET sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note Session 53 House of representatives parliamentary Documents. -Bill No. 53 - 2941/1.
-Amendment n ° 53 - 2941/2. -Report No. 53 - 2941/3. -Text adopted in Committee No. 53-2941/4. -Text adopted in plenary No 53 - 2041/5 session.
Senate parliamentary Documents. -Not mentioned project 2486/001-2013/2014-0