2 AVRIL 2003. - An Act to amend the Act of 15 April 1994 on the protection of the population and the environment from the dangers of ionizing radiation and the Federal Nuclear Control Agency, and to regulate the transfer of certain agents of the State Security Service in the field of nuclear energy (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - 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. 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 are amended as follows:
1° after the words "competent authorities" the words "the authorities designated under the Act of 4 August 1955 concerning the security of the State in the field of nuclear energy as well as this Act and their enforcement orders" are replaced by the words "the authorities designated under this Act and its enforcement orders".
2° the list of definitions is supplemented as follows:
" - nuclear material: special fissile materials and the following raw materials:
(a) special fissile products are plutonium 239, uranium 233, uranium enriched with uranium 235 or 233; any product containing one or more of the above isotopes.
Uranium enriched with uranium 235 or 233 is uranium that contains either uranium 235 or uranium 233 or both isotopes in quantity such as the ratio between the sum of these two isotopes and isotope 238 is higher than the ratio between isotope 235 and isotope 238 in natural uranium;
(b) raw materials are uranium containing the mixture of isotopes in nature, and uranium impoverished in uranium 235; thorium; all substances mentioned above in the form of metal, alloy, chemical compounds or concentrates;
- national nuclear transport: the transport of nuclear materials conditioned for consignment by any means of transport when it is carried out exclusively within Belgian territory;
- international nuclear transport: the transport of nuclear material conditioned for a consignment by any means of transport when it has to cross the borders of the territory from a facility of the consignor located in the State of origin until it arrives in a facility of the consignee in the territory of the State of final destination;
- physical protection measures: any administrative, organizational and technical measures that aim to protect nuclear material in the course of production, use, storage or transport from the risks of illegal and flight detention, as well as to protect nuclear material in the course of production, use, storage and national and international nuclear facilities and nuclear transport from the risks of sabotage. The aim of these measures is also to protect the above-mentioned documents and data relating to the above-mentioned nuclear materials, facilities and transport;
- sabotage: any deliberate action against nuclear material in the course of production, use, storage or transport, nuclear facilities or national or international nuclear transport, which could directly or indirectly endanger the health and safety of personnel, population and environment by exposure to radiation or the issuance of radioactive substances;
- Nuclear inspectors: the Director General and the members of the Agency's control and oversight department with a grade equal to or greater than that of an expert at that institution and appointed by the King. »
Art. 3. Article 1^erbis, as follows, is inserted in the same law:
“Art. 1^erbis. For the purposes of this Act, and its enforcement orders, it is necessary to hear, with respect to physical protection measures, by:
- nuclear installation: any facility where nuclear materials are produced, used or stored. »
Art. 4. Article 2bis, as follows, is inserted in the same law:
"Art.2bis. The Administration Advertising Act of 11 April 1994 is not applicable to nuclear material and all related documents and data. »
Art. 5. In article 3, paragraph 2, of the same law, the words "to transport" are inserted between the words "to possession" and "to transit".
Art. 6. In section 8 of the Act, item 1 is replaced by the following text:
“1. In the military field, on the understanding that the Agency is responsible for monitoring and monitoring compliance with this Act and its enforcement orders in places where persons not belonging to national defence or foreign armed forces are present in an ordinary manner; »
Art. 7. Section 9 of the Act is supplemented by the following paragraphs:
"The members of the supervisory service have the right to give warnings and to set a time limit for the offender to settle.
This time limit can only include a maximum of 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.
When issuing these warnings, they may prescribe all measures they consider useful in order to combat or eliminate the health and safety hazards of workers, the population and the environment at the level of ionizing radiation. »
Art. 8. In section 10 of the Act, the following paragraph is inserted between paragraphs 2 and 3:
"However, in inhabited premises, they can only enter with the prior authorization of the police court judge. »
Art. 9. Section 11 of the Act is replaced by the following provision:
"The persons concerned may, in accordance with the terms and conditions established by the King, lodge an appeal against the measures referred to in section 9, paragraphs 3 and 10, paragraphs 4 to 6 with the Minister under the Agency.
The appeal is not suspensive.
If the Minister has not made a decision within the time limit, which cannot exceed three months, the appeal is deemed to be merited. In this case, the measures being appealed are repealed in full right »
Art. 10. Section 13 of the Act is replaced by the following provision:
"The provisions of this Law on Physical Protection and its derogatory enforcement orders for nuclear materials and related documents and data, the provisions of the Act of 11 December 1998 on classification and security clearances and its enforcement orders with the exception of the provisions concerning security clearances and subsequent amendments thereto. »
Art. 11. Section 15 of the Act is supplemented by the following paragraph:
"Without prejudice to section 8 of this Act, the Agency is also responsible for monitoring physical protection measures. »
Art. 12. An article 17bis, as follows, is inserted in the same law:
"Art. 17bis. On the Agency's proposal:
- the King shall determine the physical protection measures that must be taken with regard to the development, custody and supervision of nuclear material places and vehicles;
- the King, in accordance with the rules established by international law and the recommendations of the International Atomic Energy Agency, shall distribute nuclear material for peaceful use in categories and shall determine the minimum level of protection for each of these categories;
- the King stops physical protection measures to be taken to protect nuclear technologies developed by Belgian nuclear institutions. »
Art. 13. An article 17ter, as follows, is inserted in the same law:
"Art. 17ter. On the proposal of the Agency, the King shall determine the provisions relating to the classification and declassification of nuclear material and the relevant documents and data and shall determine who may determine a classification level. »
Art. 14. An article 18bis, as follows, is inserted in the same law:
"Art.18bis. § 1^er. Any person who enters, uses or transports nuclear material cannot, without the authorization of the Agency, hand them over to persons other than those who have the quality to receive them because of their functions.
§ 2. Each person who has nuclear material documents or data referred to in the preceding paragraph may not, without the authorization of the Agency, hand them over to persons other than those who have the quality to receive them, because of their duties. »
Art. 15. An article 18ter, as follows, is inserted in the same law:
"Art.18ter. § 1^er. The King determines the zones of nuclear facilities in which access is subject to an identity check.
§ 2. The Agency determines other access modalities for these areas. »
Art. 16. Section 28, paragraph 3, is replaced by the following provision:
"As regards the transport of special fissile products, the Agency may also delegate to a body authorized by the Agency the permanent monitoring of the loading, transport and delivery of such products. »
Art. 17. An article 49bis, as follows, is inserted in the same law:
"Art. 49bis. If the offences referred to in Article 49 are committed in time of war, they are punished by a fine of 50 to 50,000 euros and imprisonment of 5 to 10 years, or only one of these penalties. »
CHAPTER III. - Transfer of certain agents from the State Security Service in the field of nuclear energy
Art. 18. § 1^er. On the proposal of the Minister of Justice, the King regulates the transfer of the statutory agents of the State Security Service in the nuclear field that either did not opt for a transfer to the Federal Nuclear Control Agency, or were made available to that agency but that the transfer was not final to the Federal Justice Public Service.
These officers are transferred as a definitive agent and in the grade equivalent to their grade of service in which they will be transferred. They retain at least the treatment and seniority they had or could have had if they had continued to perform the function they held in their original service at the time of their transfer.
The administrative and financial status of the members of the State Security Service in the nuclear field remains valid for these personnel as long as they are not permanently transferred to the Federal Public Service Justice.
§ 2. Derogation from paragraph 1^er, the Nuclear Security Assistants of the State Security Service in the nuclear field who hold a degree giving access to level 1 jobs in federal departments and who have at least four years of service as a police officer to the judicial police near the prosecutors or in services that have a direct relationship with the general police services, and who have not opted for a transfer to the Federal Nuclear Control Agency, are transferred to the Federal Nuclear Control Agency^er March 2001, to the federal police, within the operational framework of the general management of the Judicial Police, in the rank of judicial commissioner with a baremic scale, according to the seniority required in accordance with the provisions of the Royal Decree of 19 December 1997 concerning the administrative and financial status of members of the judicial police officers near the prosecutors to access this baremic scale; to determine this age, it will be taken into account the seniority they acquired in the rank of Nuclear Security Assistant. From their transfer they are subject to all statutory rules which are valid for former members of the judicial police near the prosecutors who have passed to the federal police, the general direction of the judicial police.
CHAPTER IV. - Abrogatory provision
Art. 19. Are repealed:
1. the Act of 4 August 1955 concerning the security of the State in the field of nuclear energy;
2. Article 13 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 §§ 1^er and 4 of Article III of the Treaty of 1^er July 1968 on the non-proliferation of nuclear weapons.
CHAPTER V. - Entry into force
Art. 20. Article 18, paragraph 1^ercomes into force on the day of the publication of this Act to the Belgian Monitor.
Article 18, paragraph 2, produces its effects on 1^er March 2001.
The King shall, by order deliberately in the Council of Ministers, determine the date of entry into force of the other provisions of this Act.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 2 April 2003.
ALBERT
By the King:
The Prime Minister,
G. VERHOFSTADT
Minister of Foreign Affairs,
L. MICHEL
The Minister of the Interior,
A. DUQUESNE
Minister of Defence,
A. FLAHAUT
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
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Note
(1) Regular session 2002-2003.
House of Representatives.
Parliamentary documents. - Bill No. 2244/1. - Report of the commission, no. 2244/2. - Text corrected by the Committee, No. 2244/3 - Text adopted in plenary and transmitted to the Senate, No. 2244/4.
Annales parliamentarians. - Discussion and adaptation. Session of February 27, 2003.
Senat.
Parliamentary documents. - Project not referred to by the Senate, No. 1511/1.
Annales parliamentarians. - Discussion and adoption. Session of March 17, 2003.