Law Amending The Law 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, Regards The Monitoring Dosimet

Original Language Title: Loi modifiant 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, en ce qui concerne la surveillance dosimét

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014201178&caller=list&article_lang=F&row_id=900&numero=905&pub_date=2014-03-10&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-03-10 Numac: 2014201178 Interior FEDERAL PUBLIC SERVICE 26 January 2014. -Law amending the law 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, with regard to dosimetric monitoring PHILIPPE, King of the Belgians, to all, present and to come, hi.
Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Provisions amending art. 2A 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, amended by the laws of April 2, 2003 and March 30, 2011, the following changes are made: 1 ° the definition of general regulation is replaced by the following : ' - general regulation: 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; ";
2 ° the list of definitions is supplemented as follows: "-professionally exposed person: each individual subject, as part of his professional activities, exposure to ionizing radiation may result in the overflow of one of the dose limits for members of the public;"
-person subject to dosimetric monitoring: each natural person who performs activities of any kind that this either in which subjected to exposure to ionizing radiation may result in the overflow of one of the dose limits for members of the public;

-operator: any natural or legal person who assumes the responsibility of the institution to be the subject of an authorization or a declaration in accordance with the provisions of article 17;
-external company: any natural or legal person called upon to carry out activities of any nature whatsoever in an institution before be the subject of an authorization or a declaration in accordance with the provisions under article 17, during which one of the dose limits laid down for members of the public might be exceeded, with the exception of the operator of this establishment and members of his staff;
-doctor approved: the Advisor prevention-occupational physician working in an in-house or external for prevention and protection at work, competent in the field of Medicine of the work in accordance with the provisions of the law of 4 August 1996 concerning the welfare of workers in the framework of the execution of their work and its execution orders and which In addition, is approved in accordance with measures taken pursuant to articles 3 and 19;
-outside worker: any person subject to the dosimetric monitoring that performs at an operator a mission involving a risk of exposure, it is employed on temporary or permanent basis by a contractor, or that it provides its services as a self-employed person;
-mission involving a risk of exposure: activity of any kind that it is performed by an outside worker in an operator during which one of the dose limits for members of the public could be exceeded.
-Register of exposure: registration system centralized dosimetric data of persons undergoing the monitoring, referred to in article 25/2;
-radiological passport: the individual paper prepared for outside workers to ensure their monitoring missions involving risk of exposure they perform abroad;
-professional health care: health care professional referred to in article 7, § 4, of the Act of 8 December 1992 on the protection of privacy with respect to the processing of data personal and designated nature within the Agency. As long as the abovementioned provision of the law of 8 December 1992 implementing measures are not taken, 'health care professional' means: the person holding the diploma of doctor of medicine, surgery and childbirth;
-consultant in information security and privacy protection: the consultant referred to in article 4, § 5, of the Act of January 15, 1990 to the institution and the Organization of a Crossroads Bank for social security and designated within the Agency;
-controller: the person referred to in article 1, § 4, of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data, in this case the Agency;

-unit of implantation: the place of business, geographically identifiable by an address, where is exercised at least a business activity or from which it is exercised.
-worker: a worker referred to in article 2 § 1, paragraphs 1 and 2, 1 ° of the Act of 4 August 1996 concerning the welfare of workers during the performance of their work;

-employer: the employer referred to in article 2 § 1, paragraphs 1 and 2, 2 °, of the Act of 4 August 1996 concerning the welfare of workers during the performance of their work;
-monitoring: the monitoring referred to article 30.6 of the general regulation;
-authentic sources: the national register established by the Act of 8 August 1983 organising a national register of natural persons, the crossroad Bank of companies created by the Act of 16 January 2003 on the establishment of a Crossroads Bank for enterprises, modernization of the commercial register, creation of ATM-sized Chartered and containing various provisions, and records of the Crossroads Bank of social security (register bis and register a deregistered) created by the Act of 15 January 1990 relating to the institution and to the Organization of a Crossroads Bank for social security;
-anonymous data: data that cannot be used in relation to an identified or identifiable person and are, therefore, not of the personal data; ";
S. 3. in article 7 of the Act, "the medical surveillance of workers" is replaced by the words "monitoring of the health of workers".
S.
4. in chapter III of the Act, it is inserted a 1st section, containing the articles 14-15bis, entitled: "Section 1 - General Description of the mission".
S.
5. in the same chapter, it is inserted a section 2 with articles 16 and 17, entitled: "Section 2 – jurisdiction over authorization of establishments".
S. 6. in the same chapter, it is inserted a section 3 sections 17bis and 17ter, entitled: "Section 3 - Competence for physical protection of nuclear material".
S. 7. in the same chapter, it is inserted a section 4 with article 18, entitled: "Section 4 – jurisdiction on the transport of radioactive substances".
S. 8. in the same chapter, a section 5 article 18a is inserted: "Section 5 — Competence in monitoring nuclear materials and documents or data relating thereto".
S. 9. in the same chapter, it is inserted a section 6 with articles 19 and 20, entitled: "Section 6 - Competence in medical applications, monitoring of establishments and food".
S. 10. in article 19 of the same Act, the words "of the medical supervision of workers" are replaced by the words "monitoring the health of workers".
S. 11. in chapter III of the Act, it is inserted a section 7 with article 21, entitled: "Section 7 - Competence for surveillance of the territory".
S. 12. in the same chapter, it is inserted a section 8, including article 22, entitled: "Section 8 - jurisdiction over emergency plan".
S. 13. in the same chapter, it is inserted a section 9, including article 23, entitled: "Section 9 - Competence for documentation, research and development".
S. 14. in the same chapter, it is inserted a section 10, including article 24, entitled: "Section 10 - right of initiative proposed measures".
S. 15. in the same chapter, it is inserted, after article 24, section 11, entitled: "Section 11 - Competence for verification of training, information and the protection of workers".
S. 16. in section 11, inserted by article 15, there shall be inserted a subsection 1, with article 25, entitled: "Subsection 1 - general jurisdiction over verification of training, information and the protection of workers".
S. 17. in section 11, inserted by article 15, there shall be inserted a subsection 2, containing the articles 25/1 to 25/15, entitled: "Subsection 2 - dose oversight Competence".
S. 18. in sub-section 2, inserted by article 17 article be inserted a 25/1 as follows: "article 25/1. Through the monitoring, this sub-section aims to: 1 ° transfer to Federal Agency for nuclear control missions regarding the dosimetric surveillance initially entrusted to the federal public Service employment, labour and social dialogue;
2 ° give the King the jurisdiction to set the terms and conditions under which the Agency will ensure the monitoring;
3 °

provide optimum protection for persons subjected to the monitoring, including through the recording of data relating to the monitoring, health monitoring, information and training of the persons concerned;
4 ° the King grant jurisdiction to regulate the procedures relating to the operation and the use of the register of exposure;
5 ° adjust the transfer to the Federal Agency for nuclear control, of data concerning the monitoring of workers exposed or likely to be exposed professionally at a risk from ionizing radiation available to federal public Service employment, labour and social at the time of the transfer dialogue missions. "."
S. 19. in the same subsection 2, it is inserted a section 25/2 as follows: "article 25/2. § 1. The Agency is responsible for the establishment and management of a register of exposure.
The King set conditions, restrictions and procedures whereby the Agency fulfills this mission.
§ 2.
The King lays down the form of the register of exposure referred to the § 1, paragraph 1, and also determines the conditions and the modalities for its implementation, usage and its operation. It sets in particular the rules relating to the obligations of parties involved in the operation and use of the exposure register. "."
S. 20. in the same subsection 2, it is inserted an article 25/3 as follows: "article 25/3. The exposure registry referred to in article 25/2, § 1, paragraph 1, applies: 1 ° to workers employed in an institution to be the subject of an authorization or a declaration in accordance with the provisions under article 17 and located in Belgium;
2 ° to workers employed by a unit of Belgian establishment of an outside contractor and perform missions involving a risk of exposure in Belgium or abroad;
3 ° to responsible independent workers of an establishment to be the subject of an authorization or a declaration in accordance with the provisions under article 17 and located in Belgium and which are considered to be persons under dosimetric surveillance;
4 ° to outside workers independent, subject to the Belgian social security and running in Belgium or abroad, missions involving a risk of exposure. "."
S. 21. in the same subsection 2, it is inserted an article 25/4 as follows: "article 25/4. Data from the exposure registry referred to in article 25/2, § 1, paragraph 1, are: 1 ° of the authentic sources;
2 ° of the physical control services;
3 ° of dosimetry services;
(4) operators;
5 ° of external companies;
6 ° of the medical officers. "."
S. 22. in the same subsection 2, it is inserted a section 25/5 as follows: "article 25/5. The data contained in the register of exposure are kept until fifty years after the professional activities involving exposure to ionizing radiation and up to thirty years after the death of the person subjected to the monitoring.
After the expiry of the periods referred to in paragraph 1, the data contained in the register of exposure continue to be kept in the form of anonymous data for subsequent processing as provided for in the implementing measures adopted pursuant to article 4 of the law of 8 December 1992 relative to the protection of privacy with regard to processing of personal data for statistical and/or occupational diseases strategic studies. "."
S. 23. in the same subsection 2, it is inserted an article 25/6, as follows: "article 25/6. The register of exposure referred to in article 25/2, § 1, paragraph 1, contains the following data: 1 ° for each person subject to the monitoring, each contractor and each operator, the exposure registry contains the relevant data relating to the identity, at home or, where appropriate, to the unit location, nationality and the language of the legal person or physical concerned;
2 ° for each contractor and each operator, the exposure registry contains: has) the coordinates of the (s) contact person (s);
(b) if it is operators, their (s) area (s) of activities according to the list of options defined by the King;
c) (s) (s) service of physical control designated (s), if applicable;
d) (s) doctor (s) agree (s) or the service (s) external prevention and protection at work;
e) (s) (s) dosimetry service designated (s), if applicable;
3 ° for each person subject to the monitoring, the registry contains the data related to its working relationship with the operator or the contractor such as defined by the King, which are necessary to ensure a proper monitoring;
4 ° for each dose of a person subjected to dosimetric monitoring, the exposure registry contains dosimetry data as well as data determined by the King that enable to assess the dose received and which are essential to ensure adequate dosimetry monitoring;
5 ° for each medical examination under the supervision of health referred to in the royal decree of 28 May 2003 concerning the monitoring of the health of workers, the exposure registry contains information determined by the King, which allows to assess the medical fitness of the person subjected to the monitoring the professional activities concerned;
6 ° for each general training in the field of radiation protection referred by the King, as well as for each training in radiation protection specific to a workstation or a task, the exposure registry contains information considered by the King as essential to assess knowledge on radiation protection which is required to run the professional activities concerned. "."
S.
24. in the same subsection 2, it is inserted an article 25/7 as follows: "article 25/7.
Have access to the register of exposure referred to in article 25/2 § 1, paragraph 1: 1 ° members of staff appointed by the public services responsible for monitoring the compliance with the rules concerning the monitoring of health referred to in measures taken pursuant to article 4, § 1, of Act of 4 August 1996 concerning the welfare of workers during the performance of their work persons subject to the monitoring;
2 ° the Agency;
3 ° the health care professional designated by the controller;
4 ° the consultant in information security and protection of private life appointed by the Agency;
5 ° operators established in Belgium in relation to: a) the database referred to in article 25/6, 1 ° and 2 ° affecting them;
b) the data referred to in article 25/6 which concern their own workers;
(c) the data referred to in article 25/6 concerning the outside workers who perform a mission involving a risk of exposure in their establishment to be the subject of an authorization or a declaration in accordance with the provisions under article 17, including data about the relationship of these outside workers with their contractor or as appropriate regarding the terms of employment in their outdoor business;
d) the database referred to in article 25/6, 1 ° and 2 °, of the external firm that occupies outside workers in their own establishment to be the subject of an authorization or a declaration in accordance with the provisions of article 17;
6 ° the external companies that employ persons subject to the monitoring, in relation to: has) database referred to in article 25/6 points 1 ° and 2 ° affecting them;
b) the data referred to in article 25/6 concerning their workers;
7 ° the services of physical check established or designated by the operators referred to in point 5 ° of this article, with regard to the data referred to in article 25/6 persons subjected to the monitoring they oversee for these operators;
8 ° physicians certified in relation to the data referred to in article 25/6 persons under dosimetric surveillance which they carry out health surveillance;
9 ° the dosimetry services approved in relation to the data referred to in article 25/6, 4 °, they provide;
10 ° persons subjected to dosimetric surveillance in relation to the data referred to in article 25/6 concerning them;
11 ° the funds of occupational diseases in what concerns the personal data referred to in article 25/6, 1 ° to 5 °. The King may extend access to the register to other categories of users provided that they must necessarily have these data for the performance of their mission. It also determines the rules for the introduction and consultation of data as well as the rights and obligations of users. "."
S. 25. in the same subsection 2, it is inserted an article 25/8, as follows: "article 25/8. The Agency is also responsible to establish and deliver the Radiological passports. "."
S. 26. in the same subsection 2, it is inserted article 25/9 as follows: "article 25/9. § 1. Prior to executing a mission involving a risk of exposure abroad, a foreign worker employed in a Belgian establishment of an outside firm unit is equipped with a radiological passport.


§ 2. In accordance with the rules laid down by the King, the external firm enters into an agreement with the operator concerned to ensure the outside worker protection equivalent to that enjoyed by workers in the operator. "."
S. 27. in the same subsection 2, it is inserted a section 25/10 read as follows: "article 25/10. Radiological passport contains, on the one hand, data from the register of exposure and, secondly, dosimetric data regarding the doses received during the performance of tasks involving risk of exposure abroad. "."
S. 28. in the same subsection 2, it is inserted a section 25/11 as follows: "article 25/11. The King sets the conditions, restrictions and terms under which the Agency meets the mission referred to in article 25/8.
It determines the form and content, as well as the refresh of the radiological Passport mode.
It also lays down rules regarding the operation and use of a radiological passport. "."
S. 29. in the same subsection 2, it is inserted a section 25/12 worded as follows: "article 25/12.
The application of this subsection and its orders of execution is without prejudice to the application of the law of 8 December 1992 relative to the protection of privacy with regard to processing of personal data, or to the legal provisions and regulations relating to the practice of medicine. "."
S.
30. in the same subsection 2, it is inserted a section 25/13 as follows: "article 25/13.
The federal public Service employment, labour and social dialogue and the Agency concluded a cooperation agreement on the exchange of the data needed for the implementation of their respective control and surveillance tasks in the context of the monitoring. "."
S. 31. in the same subsection 2, it is inserted a section 25/14 as follows: "article 25/14. The Royal Decrees made pursuant to this section are submitted in advance to the Commission for the protection of the privacy notice and the Higher Council for Prevention and Protection at work. "."
S. 32. in the same subsection 2, it is inserted a section 25/15 worded as follows: "s.25/15. The Agency shall annually report to the Higher Council for Prevention and Protection at work about the monitoring-related findings and activities as described in this subsection. This report is attached to the annual report on the operation of the Agency provided for in article 26, paragraph 2 "."
S. 33. in chapter III of the Act, it is inserted a section 12, with article 26, entitled: "Section 12 - jurisdiction information dissemination".
S. 34. in the same chapter, it is inserted a section 13, including article 27, entitled: "Section 13 - arbitration jurisdiction".
CHAPTER 3. -Provision repealing art. 35. in article 2 of the royal decree of 20 July 2001 on the general regulation for the protection of the population, workers and the environment from the danger of ionising radiation, the definitions of foreign worker, business external, professionally exposed persons, doctor approved and operator are repealed.
CHAPTER 4. -Provisions finals s. 36. the federal public Service employment, labour and social dialogue is discharged from the missions now entrusted to the Federal Agency for nuclear control under dosimetric surveillance. Federal public Service employment, labour and social dialogue provides data for dosimetric monitoring available to the Federal Agency for nuclear control.
S. 37. the King fixed, by Decree deliberated in the Council of Ministers, the date of entry into force of each of the provisions of this Act.
Brussels, 26 January 2014.
PHILIPPE by the King: the Minister of the Interior, Ms. J. MILQUET. the Minister of employment, Ms. M. DE CONINCK sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM