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30 MARCH 2011. - 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 and to amend the Act of 11 December 1998 on Classification and Enabling, Certification and Safety Advisory

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - 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 1^er of 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, in the last sentence of the definition of physical protection measures, the words "the documents and data relating to the aforementioned nuclear materials, facilities and transport" are replaced by the words "nuclear documents".
Art. 3. In Article 1^erbis of the same Act, inserted by the Act of 2 April 2003, the list of definitions is supplemented as follows:
"Categorization: attribution of a degree of physical protection to nuclear materials, nuclear documents and security zones.
- Security step: degree of physical protection attached to nuclear material, security zones and nuclear documents.
- Nuclear document: any recorded information, regardless of its form, treatment, legal nature or physical characteristics, to which a level of security is assigned and related to nuclear material being produced, used, stored or transported or to the physical protection measures being put in place to protect nuclear materials and facilities and to transport nuclear material with the exception of:
(a) documents to accompany the transport of national or international nuclear material under existing regulations;
(b) documents classified in accordance with the Classification and Enabling Act of 11 December 1998;
(c) documents relating to physical protection measures that contain personal data other than the name, name of a person, indication of his or her level of security clearance or the indication of categorized nuclear material, security zones and nuclear material to which it has access under this Act.
- Safety zone: any place of a nuclear facility or a nuclear transport company - including nuclear transport vehicles - to which a security step is assigned or where:
(a) nuclear material to which a security step is assigned;
or
(b) nuclear documents;
or
(c) equipment, systems, devices or any other element whose sabotage could lead directly or indirectly to radiological consequences exceeding internationally recognized radiological standards for workers, the population or the environment. »
Art. 4. In section 2bis of the Act, inserted by the Act of 2 April 2003, the words "as well as all related documents and data" are replaced by the words "no nuclear documents".
Art. 5. Article 15, paragraph 1^erthe same law shall be replaced as follows:
"In general, the Agency's mission includes investigations that are relevant to the definition of all operating conditions in facilities where ionizing radiation is being implemented and the safety and security of facilities where nuclear substances are being used or held. »
Art. 6. In section 17bis of the Act, inserted by the Act of 2 April 2003, 2^e is replaced by the following:
" - the King determines the minimum level of protection for each of the categories of nuclear material as defined by Article 17ter; "
Art. 7. Section 17ter of the Act, inserted by the Act of 2 April 2003, is replaced as follows:
"Art. 17ter. § 1^er Nuclear material is divided into three categories: I, II and III, in accordance with the table annexed to this Act. Nuclear material categories are defined on the basis of their type, fissile isotopes content, quantity and intensity of radiation.
§ 2. Each category of nuclear material corresponds to a level of categorization: the security level. There are three security steps: "CONFIDENTIEL - NUC"; "SCRET - NUC"; " TR'S SECRET - NUC".
The security level "CONFIDENTIEL - NUC" is assigned where inappropriate use of nuclear materials may affect individuals, property or the environment or where they may constitute a risk of nuclear proliferation or where there is a risk that such materials may be attractive in the context of criminal or terrorist actions.
The safety level "SCRET - NUC" is assigned where inappropriate use of nuclear materials can seriously affect people, property or the environment, or where they may constitute a significant risk of nuclear proliferation or where there is a significant risk that such materials may be attractive in the context of criminal or terrorist actions.
The safety level "TR'S SECRET - NUC" is assigned where inappropriate use of nuclear materials can seriously affect people, property or the environment, or where they may constitute a very important risk of nuclear proliferation, or where there is a very important risk that such materials may be attractive in the context of criminal or terrorist actions.
§ 3. The safety level "SCRET - NUC" is assigned to the nuclear material of categories I and II.
The safety level "CONFIDENTIEL - NUC" is assigned to Class III nuclear material.
The Director General of the Agency or his or her delegate, the head of the department that has security in his or her competence, may, in exceptional risk circumstances or where this safety step is required by the nuclear supplier state, assign to nuclear substances of Class I the safety level "TR'S SECRET - NUC".
§ 4. The King shall stop the categorization of the security zones of the nuclear facility or the nuclear transport company, taking into account the safety level assigned to the nuclear material contained therein, the radiological risk that their total or partial destruction may result or their role in the physical protection measures of the nuclear facility or the nuclear transport company.
§ 5. The King shall determine the categorization of nuclear documents, taking into account the level of security assigned to the nuclear material they concern or the importance of the information they contain in relation to nuclear non-proliferation, radiological risk or the physical protection of nuclear materials, facilities or transport.
§ 6. the King shall determine the rules of disbursement of categorized nuclear material, security zones and nuclear documents, taking into account the reduction of the risk of harm to persons, property or the environment, nuclear proliferation or attrition for criminal or terrorist acts, as mentioned in paragraphs 2, 4 and 5. »
Art. 8. In Article 18bis, § 2, of the same Act, inserted by the Act of 2 April 2003, the words "documents or data relating to nuclear material referred to in the preceding paragraph" are replaced by the words "nuclear documents".
Art. 9. In Article 30bis/1, § 3, paragraph 2, of the Act, inserted by the Act of 22 December 2008, the words "previously to the introduction of an application for authorization" are replaced by the words "related to the projects referred to in paragraph 1^er "
Art. 10. Section 35 of the Act is supplemented by the following paragraph:
"The president and board members represent the state. »
Art. 11. In section 36, paragraph 1^er, in the same Act and in section 3 of the Royal Decree of 4 June 1999 on detailed rules for the execution of the term of office of a member of the Board of Directors, the President and the Director General of the Federal Nuclear Control Agency, the words "65 years" are replaced by the words "70 years".
Art. 12. In the same Act, an annex is inserted as follows:

Annex
TABLE: NUCLEAR MATERIAL CATEGORIES

(a) All plutonium except if it has an isotopic concentration exceeding 80% in plutonium 238.
(b) Non-irradiated substances in a reactor or irradiated materials in a reactor but having a radiation intensity of 1 Gy/h to one meter of distance without a screen.
(c) Quantities that do not fall into category III and natural uranium, depleted uranium and thorium must be protected in accordance with prudent management practices.
(d) Other fuels that, under their original fissile material content, are classified as Class I or Class II before irradiation, may enter the category directly below if the fuel radiation intensity exceeds 1 Gy/h to one meter of distance without screen.
(e) The irradiated fuel, present in small quantities, can be included in category III both for transport and for use and storage if it is estimated to contain less than 2 kilos of plutonium or less than 5 kilos of highly enriched uranium and if the radiation intensity exceeds 1 Gy/h to a meter of distance without screen.
(f) Without prejudice to the exception provided in (e), fuels that under their original content of fissile material are classified in category II or in category III before irradiation enter, after irradiation, in category II if they are under national or international transport and if the intensity of the radiation of the fuel exceeds 1 Gy/h to a meter of distance without screen. They enter category III if they are in use or storage and if the fuel radiation intensity exceeds 1 Gy/h at a distance meter without a screen. »
CHAPTER 3. - Amendments to the Law of 11 December 1998 on Classification and Enabling, Certification and Security Notices
Art. 13. In the Act of 11 December 1998 on classification and authorizations, certificates and security notices, section 3, whose current text will form paragraph 1^er, is supplemented by paragraph 2 as follows:
“§2. Nuclear materials for peaceful use divided into categories under section 17ter of the Act of 15 April 1994 on the protection of the population and the environment from the dangers of ionizing radiation and related to the Federal Nuclear Control Agency, as well as nuclear documents, as defined in section 1^erbis of the same law shall not be classified within the meaning of this Act, without prejudice to the rules established by or under treaties or conventions binding on Belgium. »
Art. 14. In the same law, an article 8bis is inserted as follows:
"Art. 8bis. § 1^er. Without prejudice to the specific competence of the judicial authorities, anyone who has access to the nuclear material and the documents referred to in Article 3, § 2, as well as to the security zones of nuclear facilities and nuclear transport companies, including nuclear transport vehicles, must have a security clearance, issued in accordance with Chapter III or a security clearance issued by the competent authorities of a third country and recognized by the international conventions and treaties.
The King determines the enabling levels required by categorization of security zones, nuclear material or nuclear documents.
The King may authorize the Belgian authorities designated by him to verify the validity of the security clearance issued by a foreign authority. The King sets the rules of this verification procedure.
§ 2. Derogation from paragraph 1^er, the King may authorize the Director-General of the Federal Nuclear Control Agency or his or her delegate, the head of the department that has security in his or her skills, to issue a security certificate, in accordance with Chapter IIIbis, for access to security zones, nuclear materials and nuclear documents when:
1°the duration during which the person must have access is less than twelve or fifteen months, depending on whether the level of authorization normally required is "CONFIDENTIEL" or " SECRET" respectively;
2° the period during which the person must occasionally have access shall not exceed six hours;
3° an authorization application has been filed with the security authority referred to in Article 15, paragraph 1^er.
This security certificate expires either on the date of granting or final refusal of the security clearance, or when the validity period of the certificate is forclos or at the latest, on the expiry of the period fixed by the King.
The King sets out the rules and procedure for persons referred to in this paragraph to have access to categorized nuclear material, security zones and nuclear documents.
§ 3. By derogation from §§ 1^er and 2, a person of Belgian nationality not resident in Belgium or who does not have Belgian nationality or a fixed domicile in Belgium and does not hold the authorization referred to in § 1^er. may have access to security zones, nuclear materials and nuclear documents if it is in possession of a certificate, issued for less than a year by the competent authorities of the country in which it is habitually resident, certifying that it is authorized in that country to have access to a nuclear facility or a nuclear transport company, to nuclear materials, to places where they are located, to documents that concern them.
The King sets out the procedure for persons referred to in this paragraph to have access to nuclear material, security zones and nuclear documents.
§ 4. By derogation from §§ 1^er and 2, the King defines the terms and conditions for access to security zones in the event of an emergency motivated by the occurrence of a nuclear incident or accident or by any cause that is likely to cause, in an imminent manner, an abnormal radiological risk to the population, workers or the environment or serious damage to persons or property. The King also defines the terms and conditions for access to security zones in the event of an emergency motivated by the occurrence of an incident or an accident without a risk of radiological impact.
§ 5. In the cases referred to in §§ 2 to 4, complementary protection measures of a technical, organizational and administrative nature are taken to effectively control access to nuclear materials, nuclear documents and security zones. In any case, such measures may not imply the obligation of the person referred to in the above-mentioned paragraphs to provide the employer, the security officer, the person responsible for physical protection or the authorities involved in the implementation of this Act with personal information if such information is not required in the context of the application of the said Act and its enforcement orders or if it is requested by a natural person or a legal person who is not authorized to enforce the law Additional protection measures are established by the King, after the advice of the Federal Nuclear Control Agency. They are implemented by the person responsible for the physical protection of the nuclear facility or the nuclear transport company.
§ 6. In the cases referred to in §§ 2 to 4, with the exception of the case of the person authorized to visit the nuclear facility or the nuclear transport company and whose access for a period equal to or less than six hours is limited exclusively to the security zones, access to nuclear materials, nuclear documents and security zones, as well as to the knowledge of the information contained in the nuclear documents can only be given when the said access is essential for the person concerned to realize his or his or his or his or her mission. »
Art. 15. Section 12 of the Act is supplemented by a paragraph written as follows:
"This Act also applies to all persons who must have access to categorized nuclear material, nuclear documents or security zones as defined by the Act of April 15, 1994 on the protection of the population and the environment from the dangers resulting from ionizing radiation and the Federal Nuclear Control Agency. »
Art. 16. In section 22ter, paragraph 2, of the Act, inserted by the Act of 3 May 2005, the following amendments are made:
1° the words "or in respect of the Federal Nuclear Control Agency, whose control is its responsibility" are inserted between the words "placed under their responsibility" and the words "or for the events they organize themselves";
2° in the 4th, the words "a Level 1 official delegated by him" are replaced by the words "his delegate, the head of the department that has nuclear security in its skills".
CHAPTER 4. - Abrogation provision
Art. 17. Are repealed:
1° Articles 10 and 15 of the Act of 2 April 2003 amending 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, and regulating the transfer of certain agents of the State Security Service in the field of nuclear energy;
2° Article 13 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.
CHAPTER 5. - Entry into force
Art. 18. §1^er. Sections 2, 3, 4 and 7 come into force on the first day of the sixth month following the publication of this Act to the Belgian Monitor.
Articles 5, 9, 11, and this article come into force on the day of their publication in the Belgian Monitor.
Article 10 produces effects on 1^er January 2005.
The other articles come into force on the first day of the eighteenth month following the publication of this Act to the Belgian Monitor.
§ 2. The King may set effective dates prior to those mentioned in paragraphs 1^er and 4 of § 1^er.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 30 March 2011.
ALBERT
By the King:
Minister of Justice,
S. DE CLERCK
Minister of Defence,
P. DE CREM
The Minister of the Interior,
Ms. A. TURTELBOOM
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
Session 2010-2011.
Senate.
Documents. 5-788/1. Project not mentioned.
House of Representatives.
Documents:
53 1005/001: Bill.
53 1005/002: amendments.
53 1005/003: report.
53 1005/004: text adopted by the Commission.
53 1005/005: text adopted in plenary meeting and transmitted to the Senate.