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26 JANVIER 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, with respect to Dosimetric Monitoring

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments
Art. 2. Article 1^er 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 following amendments 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 of the protection of the population, workers and the environment from the danger of ionizing radiation;"
2° the list of definitions is supplemented as follows:
"- professionally exposed person: each natural person, subject to an exposure to ionizing radiation, in the course of his or her professional activities, likely to result in the overtaking of one of the dose limits set for the public;
- person subject to dosimetric surveillance: each natural person who performs activities of any kind at which he or she is exposed to ionizing radiation that may result in overtaking of one of the dose limits set for the public;
- operator: any natural or legal person who assumes the responsibility of the establishment to be authorized or declared in accordance with the provisions of section 17;
- outside business: any natural or legal person required to carry out activities of any kind in an establishment to be subject to authorization or declaration in accordance with the provisions of section 17, in which one of the dose limits set for persons of the public may be exceeded, with the exception of the operator of that establishment and members of its staff;
- Authorized physician: the occupational prevention and medical advisor working in an internal or external service for occupational prevention and protection, competent in the field of occupational medicine in accordance with the provisions of the Act of 4 August 1996 on the well-being of workers in the context of the execution of their work and its enforcement orders and which, in addition, is approved in accordance with the enforcement measures taken under sections 3 and 19;
- external worker: any person subject to dosimetric supervision who performs a mission at an operator's place of exposure risk, whether temporarily or permanently employed by an outside company or as an independent worker;
- mission with a risk of exposure: the activity of any kind presumed by an outside worker in an operator in which one of the dose limits set for public persons may be exceeded;
- exposure register: the centralized recording system of the dosimetric data of persons subject to dosimetric monitoring referred to in section 25/2;
- radiological passport: the individual document for outside workers to ensure their dosimetric monitoring during missions with a risk of exposure that they perform abroad;
- health care professional: the health care professional referred to in Article 7, § 4, of the Act of 8 December 1992 on the protection of privacy with respect to personal and designated data processing within the Agency. As long as the enforcement measures of the aforementioned provision of the Act of 8 December 1992 are not taken, "health care professional" means the person who holds the legal degree of doctor in medicine, surgery and births;
- Information security consultant and privacy protection: the consultant referred to in Article 4, § 5, of the Act of January 15, 1990 on the institution and organization of a Social Security Bank-Carrefour and designated within the Agency;
- responsible for the treatment: the person referred to in section 1^er, § 4, of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing, in this case the Agency;
- implantation unit: the place of activity, geographically identifiable by an address, where at least an activity of the company or from which it is exercised;
- worker: the worker referred to in Article 2, § 1^erParagraphs 1^er and 2, 1°, of the Act of 4 August 1996 on the welfare of workers during the execution of their work;
- employer: the employer referred to in section 2, § 1^erParagraphs 1^er and 2, 2°, of the Act of 4 August 1996 on the welfare of workers during the execution of their work;
- Dosimetric monitoring: Dosimetric monitoring as referred to in section 30.6 of the General Regulations;
- authentic sources: the National Register created by the law of 8 August 1983 organizing a National Register of Physical Persons, the Bank-Carrefour des entreprises created by the law of 16 January 2003 establishing a Bank-Carrefour des Entreprises, modernization of the register of commerce, creation of approved business windows and carrying various provisions, and the Registers of the Bank-Carrefour de la Sécurité sociale (Registre bis and Register of radiés)
Anonymous data: data that cannot be linked to an identified or identifiable person and that are, therefore, not personal data;"
Art. 3. In section 7 of the Act, the words "workers' medical supervision" are replaced by the words "workers' health surveillance".
Art. 4. In chapter III of the Act, a section 1 is inserted.^reincluding articles 14 to 15 bis, entitled "Section 1^re - General description of the mission."
Art. 5. In the same chapter, a section 2 containing articles 16 and 17, entitled "Section 2 - Establishment Authorization Skills".
Art. 6. In the same chapter, a section 3 containing articles 17bis and 17ter, entitled "Section 3 - Competence in the field of physical protection of nuclear materials".
Art. 7. In the same chapter, a section 4 containing section 18, entitled "Section 4 - Competence in the Transport of Radioactive Substances".
Art. 8. In the same chapter, a section 5 containing section 18bis, entitled "Section 5 - Competence in the monitoring of nuclear material and related documents or data".
Art. 9. In the same chapter, it is inserted a section 6 containing articles 19 and 20, entitled "Section 6 - Competence in medical applications, supervision of establishments and foodstuffs".
Art. 10. In section 19 of the Act, the words "workers' medical control" are replaced by the words "workers' health surveillance".
Art. 11. In chapter III of the same Act, a section 7 is inserted with section 21, entitled "Section 7 - Competence in the field of surveillance".
Art. 12. In the same chapter, it is inserted a section 8, including section 22, entitled "Section 8 - Competence in Emergency Plan".
Art. 13. In the same chapter, a section 9, including section 23, entitled "Section 9 - Competence in Documentation, Research and Development".
Art. 14. In the same chapter, a section 10, comprising section 24, entitled "Section 10 - Right of initiative in relation to proposals for measures".
Art. 15. In the same chapter, after section 24, a section 11, entitled: "Section 11 - Competence in the verification of training, information and protection of workers".
Art. 16. In section 11, inserted by section 15, a sub-section 1 is inserted.^reincluding section 25, entitled: "Subsection 1 - General Competence in the Verification of Training, Information and Protection of Workers".
Art. 17. In section 11, inserted by section 15, a sub-section 2, comprising sections 25/1 to 25/15, entitled "Sub-section 2 - Dosimetric Monitoring Skills".
Art. 18. In subsection 2, inserted by section 17, an article 25/1 is inserted as follows:
"Art. 25/1. As part of the dosimetric monitoring, this subsection aims to:
1° transferring to the Federal Nuclear Control Agency the missions concerning the dosimetric monitoring initially entrusted to the Federal Public Service Employment, Labour and Social Concertation;
2° grant the King the necessary jurisdiction to settle the terms under which the Agency will ensure dosimetric monitoring;
3° provide optimal protection to people subject to dosimetric monitoring, including by recording data relating to dosimetric monitoring, health monitoring, information and training of persons concerned;
4° grant the King the necessary competence to settle the terms and conditions relating to the operation and use of the exhibition register;
5° to regulate the transfer to the Federal Nuclear Control Agency of data concerning the dosimetric monitoring of workers exposed or likely to be exposed to occupational hazards resulting from the ionizing radiation available to the Federal Public Service Employment, Labour and Social Concertation at the time of the transfer of missions. ".
Art. 19. In the same subsection 2, an article 25/2 is inserted as follows:
"Art. 25/2. § 1. The Agency is responsible for the establishment and management of an exhibition register.
The King sets out the conditions, restrictions and modalities under which the Agency fulfills this mission.
§ 2. The King fixes the form of the exhibition register referred to in § 1^erParagraph 1^erand also determine the conditions and modalities for its implementation, use and operation. In particular, it sets out the rules relating to the obligations of the parties involved in the operation and use of the exhibition register.".
Art. 20. In the same subsection 2, an article 25/3 is inserted as follows:
"Art. 25/3. The exhibition register referred to in Article 25/2, § 1^erParagraph 1^er, applies:
1° to workers employed in an establishment to be subject to authorization or declaration in accordance with the provisions of Article 17 and located in Belgium;
2° to workers employed by a Belgian implantation unit of an outside company who carry out missions with a risk of exposure in Belgium or abroad;
3° to self-employed persons responsible for an establishment to be subject to authorization or declaration in accordance with the provisions of Article 17 and located in Belgium and considered to be persons subject to dosimetric supervision;
4° to independent outside workers, subject to Belgian social security and performing in Belgium or abroad, missions with a risk of exposure.".
Art. 21. In the same subsection 2, an article 25/4 is inserted as follows:
"Art. 25/4. The data of the exhibition register referred to in Article 25/2, § 1^erParagraph 1^ercome:
1° of authentic sources;
2° of physical control services;
3° of dosimetry services;
4° of operators;
5° external enterprises;
6° of licensed doctors.".
Art. 22. In the same subsection 2, an article 25/5 is inserted as follows:
"Art. 25/5. The data in the exhibition register is kept up to fifty years after professional activities involving exposure to ionizing radiation and up to thirty years after the death of the person under dosimetric surveillance.
After the expiry of the time limits referred to in paragraph 1^er, the data contained in the exhibition register continue to be retained in the form of anonymous data, with a view to their subsequent processing as provided for in the enforcement measures taken pursuant to section 4 of the Protection of Privacy Act of 8 December 1992 with respect to personal data processing and for statistical and/or strategic studies in occupational diseases. ".
Art. 23. In the same subsection 2, an article 25/6 is inserted, as follows:
"Art. 25/6. The exhibition register referred to in Article 25/2, § 1^erParagraph 1^er, contains the following data:
1° for each person subject to dosimetric surveillance, each outside company and each operator, the exhibition register contains the relevant data relating to the identity, domicile or, where applicable, location unit, nationality and linguistic role of the legal or physical person concerned;
2° for each outside company and each operator, the exhibition register contains:
(a) contact person(s);
(b) if they are operators, their sector(s) of activities according to the list of options defined by the King;
(c) the designated physical control service(s), if applicable;
(d) the authorized physician(s) or external service(s) for prevention and protection at work;
(e) the designated dosimetry service(s), if applicable;
3° for each person subject to dosimetric monitoring, the registry contains the data in relation to his/her working relationship with the operator and/or the outside company as defined by the King, which are necessary to ensure adequate dosimetric monitoring;
4° for each dose of a person subject to dosimetric monitoring, the exposure register contains the dosimetric data and the relative data determined by the King that allow to evaluate the dose received and which are essential to ensure adequate dosimetric monitoring;
5° for each medical examination within the framework of the health monitoring referred to in the Royal Decree of 28 May 2003 on the monitoring of the health of workers, the exhibition register contains information determined by the King, which allows to judge the medical fitness of the person subjected to dosimetric surveillance to perform the relevant professional activities;
6° for each general training in the field of radiation protection as directed by the King, as well as for each radiation protection training specific to a work station or task, the exhibition register contains the information considered by the King as indispensable to judge the knowledge of radiation protection that is necessary to carry out the relevant professional activities. ".
Art. 24. In the same subsection 2, an article 25/7 is inserted as follows:
"Art. 25/7. Access to the exhibition register referred to in Article 25/2, § 1^erParagraph 1^er :
1° the personnel appointed by the public authorities responsible for monitoring compliance with the rules relating to health surveillance referred to in the enforcement measures taken under Article 4, § 1^erthe Act of 4 August 1996 on the welfare of workers during the execution of their work, persons subject to dosimetric supervision;
2° the Agency;
3° the health care professional designated by the controller;
4° the information security and privacy consultant designated by the Agency;
5° operators established in Belgium with regard to:
(a) the basic data referred to in Article 25/6, 1° and 2° relating to them;
(b) the data referred to in Article 25/6 concerning their own workers;
(c) the data referred to in section 25/6 concerning outside workers who carry out a mission with a risk of exposure in their establishment to be subject to authorization or declaration in accordance with the provisions of section 17, including the data concerning the relationship of these outside workers with their outside business or, where applicable, the terms and conditions of employment in their outside business;
(d) the basic data referred to in Article 25/6, 1° and 2°, of the foreign enterprise that occupies outside workers in their own establishment to be authorized or reported in accordance with the provisions of Article 17;
6° external companies that employ people subject to dosimetric supervision, with regard to:
(a) the basic data referred to in article 25/6, points 1° and 2° that concern them;
(b) the data referred to in Article 25/6 concerning their workers;
7° the physical control services established or designated by the operators referred to in point 5° of this section with respect to the data referred to in section 25/6 of the persons subject to dosimetric monitoring that they monitor for those operators;
8° certified physicians with respect to the data referred to in section 25/6 of the persons subject to dosimetric monitoring of their health;
9° the authorized dosimetry services with respect to the data referred to in Article 25/6, 4°, that they provide;
10° persons subject to dosimetric monitoring in respect of the data referred to in Article 25/6 that concern them;
11° The Professional Diseases Fund with respect to personal data referred to in Article 25/6, 1° to 5°. The King may extend access to the registry to other user categories as long as they must necessarily have such data for the execution of their mission. It also determines the rules for the introduction and consultation of data and the rights and obligations of users. ".
Art. 25. In the same subsection 2, an article 25/8 is inserted, as follows:
"Art. 25/8. The Agency is also responsible for establishing and issuing radiological passports. ".
Art. 26. In the same subsection 2, an article 25/9 is inserted as follows:
"Art. 25/9. § 1^er. Prerequisitely at the execution of a mission with a risk of exposure abroad, an outside worker employed in a Belgian settlement unit of an outside company has a radiological passport.
§ 2. In accordance with the terms and conditions determined by the King, the foreign company enters into an agreement with the operator concerned in order to guarantee the outside worker protection equivalent to that enjoyed by the workers of the operator.".
Art. 27. In the same subsection 2, an article 25/10 is inserted as follows:
"Art. 25/10. The radiological passport contains, on the one hand, data from the exhibition register and, on the other hand, dosimetric data on the doses that were received during the execution of missions with a risk of exposure abroad. ".
Art. 28. In the same subsection 2, an article 25/11 is inserted as follows:
"Art. 25/11. The King sets out the conditions, restrictions and conditions under which the Agency fulfills the mission referred to in section 25/8.
It determines the form and content, as well as the way of updating the radiological passport.
It also sets out the rules for the operation and use of the radiological passport. ".
Art. 29. In the same subsection 2, an article 25/12 is inserted as follows:
"Art. 25/12. The application of this subsection and its enforcement orders does not affect the application of the Privacy Protection Act of 8 December 1992 in respect of personal data processing, or the legal and regulatory provisions relating to the exercise of medicine. ".
Art. 30. In the same subsection 2, an article 25/13 is inserted as follows:
"Art. 25/13. The Federal Public Service Employment, Labour and Social Concertation and the Agency enter into a cooperation agreement on the exchange of data required to carry out their respective monitoring and monitoring missions as part of the dosimetric monitoring. ".
Art. 31. In the same subsection 2, an article 25/14 is inserted as follows:
"Art. 25/14. Royal Decrees pursuant to this section shall be submitted to the Commission for the Protection of Privacy for advice and the Higher Council for Prevention and Protection at Work."
Art. 32. In the same subsection 2, an article 25/15 is inserted as follows:
"Art.25/15. The Agency reports annually to the High Council for Labour Prevention and Protection on Dosimetric Monitoring Activities and Findings as described in this subsection. This report is attached to the annual report on the operation of the Agency under section 26, paragraph 2.".
Art. 33. In chapter III of the same Act, a section 12, comprising section 26, entitled "Section 12 - Competence in the dissemination of information".
Art. 34. In the same chapter, a section 13, including section 27, entitled "Section 13 - Arbitration Jurisdiction".
CHAPTER 3. - Abrogatory provision
Art. 35. In section 2 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, the definitions of external worker, outside enterprise, occupationally exposed persons, licensed physician and operator are repealed.
CHAPTER 4. - Final provisions
Art. 36. The Federal Public Service Employment, Labour and Social Concertation is discharged from the missions that are now entrusted to the Federal Nuclear Control Agency as part of the dosimetric surveillance. The Federal Public Service Employment, Labour and Social Concertation provides the Federal Nuclear Control Agency with the data on the dosimetric monitoring available to it.
Art. 37. The King shall, by order deliberately in the Council of Ministers, establish 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
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM