Name of law
Law amending the Law on Safe Use of Nuclear Energy




Name Bill
Bill amending the Law on Safe Use of Nuclear Energy





Date of adoption
29/09/2010



Number / year Official Gazette
80/2010







DECREE № 283
On the basis of Article 98, item 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on Safe Use of nuclear energy, adopted by HLI National Assembly on September 29, 2010
Released in Sofia on October 7, 2010
President of the Republic, Georgi Parvanov
stamped with the state seal.
Minister of Justice Margarita Popova

Law amending the Law on Safe Use of Nuclear Energy (prom. SG. 63 of 2002 .; amend. And suppl., SG. 120 2002 pcs. 70 2004 pcs. 76, 88 and 105 of 2005, pcs. 30 2006 Nos. 11 and 109 in 2007, pcs. 36 and 67 2008, pcs. 42 and 74 of 2009)
§ 1. In art. 1, 'Nuclear Safety and Radiation Protection "are replaced by" nuclear safety, radiation protection and physical protection. "
§ 2. In art. 3 par. 2 is amended as follows:
"(2) The use of nuclear energy and ionizing radiation and the management of radioactive waste and spent nuclear safety and radiation protection have priority over all other aspects of this activity, with the following basic principle provisions:
1. responsibility for ensuring nuclear safety and radiation protection lies in full by those responsible for facilities and activities under this Act and may not be transferred to other persons;
2. the persons responsible for facilities and activities under this Act shall establish and maintain an effective system of safety management; 3
. the expected economic, social and other benefits must outweigh the possible adverse effects of the activity;
4. measures for ensuring nuclear safety and radiation protection must be optimized so as to ensure the achievement of the highest possible reasonably achievable level of protection;
5. exposure to ionizing radiation of workers and the public is limited and kept as low as reasonably achievable;
6. applies the concept of defense in depth by taking all reasonable practicable measures to prevent accidents and limit their consequences;
7. build and maintain an effective system for emergency preparedness and response in case of nuclear or radiation accident;
8. protective measures to reduce the existing and / or uncontrolled radiation must be justified and optimized;
9. the competent authority exercising state regulation of the safe use of nuclear energy and ionizing radiation with the human and financial resources sufficient to fulfill its responsibilities in full. "
§ 3. In art. 5 following amendments and additions:
1. In item. 2 finally added "and request the information necessary to establish that the conditions of licenses and permits and compliance with the requirements for nuclear safety, radiation protection and physical protection."
2. In item. 3 finally put a comma and added "including high-risk equipment, which are important for the safety commissioning, operation and decommissioning of nuclear power plant." 3
. In pt. 9 is a second sentence: "The information is made public in accordance with national legislation and international obligations."
4. Point 14 is amended as follows:
"14. perform the functions of a central authority point of contact and coordinator for implementation of obligations under the Convention on the Physical Protection of Nuclear Material; ".
5. A new item. 15:
"15. within its powers under this Act shall provide the competent institutions foreseen by the Treaty establishing the European Atomic Energy Community (Euratom) information. "
6. Created t. 16 and 17:
"16. act as the competent authority and point of contact in the EU system for the early exchange of information in the event of a radiological emergency;
17. develop and propose for adoption by the Council of Ministers regulations on the implementation of this Act and propose amendments and supplements to them when it is necessary to improve the regulatory requirements, taking into account operating experience, insights gained from safety analyzes and development of science and technology; ".
7. Previous item. 15 becomes item. 18.
§ 4. In art. 8 par. 4 shall be amended as follows:

"(4) The employees of the administration are obliged not to divulge information - professional, industrial or commercial secret, which has become known in or in connection with their official duties."
§ 5. In art. 13 word "Food" is replaced by "food" and after the word "transport" a comma and added "Communications and Information Technology."
§ 6. In art. 14 new paragraph. 3:
"(3) The licensees and permit holders are fully responsible for ensuring the safety of facilities and activities specified in the license or permit."
§ 7. In art. 15 be made the following amendments:
1. In para. 3:
a) in item. 3 the words "or parts thereof" shall be deleted;
B) point 4 is amended as follows:
"4. work with sources of ionizing radiation for the purpose of maintenance, installation, dismantling, construction and repair services; "
in) the item. 8:
" 8. decommissioning of a nuclear facility. "
2. In para. 4:
a) pt. 5:
aa) the letter "a" is amended as follows:
"a) structures, systems and components important to safety of the nuclear facility;"
bb) in letter "b" words "the limits and conditions for safe" is replaced by "limits and conditions";
B) paragraph 6 shall be repealed;
C) pt. 13 words "or parts thereof" shall be deleted. 3
. In para. 5 finally put a comma and added "instructors to full-scale simulators and qualified experts in radiation protection."
4. Created al. 6 and 7:
"(6) Permit for transport of radioactive substances under par. 4 pt. 12 is issued to perform a specific transport, where the activity is not included in a license issued under par. 3 pt. 5.
(7) materials and radioactive substances associated with the implementation of activities in accordance with a license or permit under this Act shall be exempt from regulation in each case by the President of the Agency at the request of the licensee or authorization holder. "
§ 8. In art. 16 be made the following amendments:
1. Point 1 is amended as follows:
"1. To meet the requirements, standards and rules for nuclear safety, radiation protection and physical protection when carrying out the work and to build and maintain an effective system to manage the activities that gives priority to safety and provides high culture of safety. "
2. In item. 3 is a second sentence: "The assessment includes verification that measures to prevent accidents and limit their consequences, including verification of physical barriers and administrative procedures whose violation would lead to significant disability and workers, caused by the impact of ionizing radiation; ". 3
. In pt. 4 words "employ" are replaced by "admitted to" and after the word "education" is added "and qualification".
4. In pt. 5, the words "employ" are replaced by "admitted to", the word "default" is replaced by "issued" and the words "the Council of Ministers on a proposal from" shall be deleted.
5. In item. 16 words "radiation protection" be replaced by "the area for precautionary measures."
§ 9. In art. 17 tons. 2 is amended as follows:
"2. addition of radioactive substances in food, toys, jewelry and cosmetics, as well as import and export of such goods and products; ".
§ 10. In art. 18 be made the following amendments:
1. In para. 1, p. 1 after the words "para. 3 pt. 1 "is added" and 8 ".
2. In para. 2:
a) t. 1, 'points 1-4, 6 and 14 "are replaced by" item. 1-4 and 14 ';
B) pt. 4 words "after a decision by the Council of Ministers in cases of art. 25, para. 1 "are deleted.
§ 11. In art. 19, para. 1, p. 4 the words "nuclear safety and radiation protection" be replaced with "nuclear safety, radiation protection and physical protection."
§ 12. In art. 21 create par. 4 and 5:
"(4) A license or permit may be modified by the President of the Agency:
1. if within 14 days of notification under par. 3 licensee or permit holder has not requested the amendment;
2. in cases under par. 1 pt. 3 - on a reasoned request to the competent state authorities.
(5) The holder of a license or permit in respect of whom proceedings for official amendment may within 14 days of written notification of this to make objections or give explanations. License or permit may be amended by a reasoned order after this period expires. "
§ 13. A Art. 21a:

"Art. 21a. (1) The conversion of a legal person - holder of a license or authorization by merger, consolidation, division, separation of the sole proprietor company, change of legal form, transfer of a commercial enterprise or in-kind contribution to the capital of another company property - subject to licenses or permits under this law, license or permit may be modified based on prior request submitted by the person who has accepted the decision to convert or parties to the transaction for the transfer of the business or to make such contributions.
(2) Upon transfer of a commercial enterprise or in-kind contribution of property when incorporated property rights on a nuclear facility, the amendment of the permit or license can be done after obtaining permission to deal with the nuclear facility in compliance with the requirements of this law.
(3) The amendment is allowed if the person who will perform the activity meets the conditions provided by law for issuing a license or permit.
(4) The amendment of the license or permit shall enter into force on the date of entry in the commercial register of the transformation, or the transfer of the business or capital increase through contribution in kind.
(5) The rights and obligations arising from acts issued under this Act to holders of previous authorizations or licenses, bind the new holder of an authorization or a license under par. 1. "
§ 14. In art. 22 be made the following amendments:
1. In para. 1:
a) in item. 2 after the words "at the request of the licensee" text until the end shall be deleted;
B) point 4 is amended as follows:
"4. in bankruptcy or termination of liquidation of the legal entity; "
c) creates a new item. 5:
" 5. in the transformation of the legal entity - holder when at the time of the entry in the commercial register there is no amendment of the license in accordance with Art. 21a para. 1; "
d) the previous item. 5 becomes item 6 above.
E) the item. 7:
"7. the issuance of a new license for the same activity in the same or a new holder. "
2. In para. 2, the pt. 5:
"5. in the transformation of the legal entity - holder when at the time of the entry in the commercial register there is no modification of the authorization in accordance with Art. 21a para. 1. "
third. In para. 3 word "licensee" is replaced by "the current holder."
§ 15. In art. 23, para. 1 made the following amendments:
1. In item. 1:
a) in point "a" words "related to nuclear safety and radiation protection, or" shall be deleted;
B) "b" at the beginning insert "prohibitions under Art. 17 as well. "
2. Point 3 is repealed. 3
. In pt. 4 finally added "and public order, on a reasoned request the competent state authorities."
§ 16. Article 24 is amended as follows:
"Art. 24. The administrative acts issued under this Act, including the silent refusal of the act shall be subject to appeal before the Supreme Administrative Court, unless this law provides otherwise. The appeal of acts not suspend their implementation. "
§ 17. In art. 25 para. 1 is repealed.
§ 18. In art. 26 make the following additions:
1. In para. 3, after the words "radiation protection" insert "and the requirements, conditions and levels of exemption from regulation under this Act."
2. In para. 4 finally put a comma and added "Communications and Information Technology." 3
. Created al. 5 and 6:
"(5) activities with materials with increased content of natural radionuclides, which can not be ignored in terms of radiation protection measures and requirements for radiation protection in carrying out these activities shall be determined by an ordinance Council of Ministers proposed by the Chairman of the Agency and Minister of health.
(6) The types of high-risk facilities which are important for nuclear safety, the control of which is performed by the Chairman of the Agency and the rules, standards and technical requirements for safe operation and device and procedure for exercising control are determined with regulations adopted by the Council of Ministers a proposal from the chairman of the agency. "
§ 19. in art. 29, para. 2 words "or parts thereof" shall be deleted.
§ 20. In art. 31 be made the following amendments:
1. A new paragraph. 3:
"(3) The initial license fee for a license for specialized training is 20 per cent of the fee under Art. 30 para. 2 pt. 1, and the annual fee is 10 percent of the fixed fee under Art. 30 para. 2 item. 2. "
2. Former para. 3 becomes para. 4 and is amended as follows:
"(4) Entities budget planned annually in the budget or the budget of his primary spending the amount of funds for payment of fees under this Act."

§ 21. In art. 32 words "in accordance with the Law on Energy and Energy Efficiency" are deleted.
§ 22. In art. 33 made the following amendments:
1. In para. 2 t. 1 and 2 are repealed.
2. In para. 3 words "nuclear safety and radiation protection specified in the ordinance under Art. 26, para. 2 "is replaced by" nuclear safety, radiation protection and physical protection. " 3
. A par. 5:
"(5) Permit under par. 1 and order under par. 4 may be issued for separate stages of the activities if the documents for the issuance of the permit or order the applicant to substantiate the need for the individual performance of the respective stage. "
§ 23. In art. 35 is amended as follows:
1. Paragraph 1 shall be amended as follows:
"(1) The Chairman of the Agency issues licenses:
1. operation of a nuclear facility;
2. decommissioning of a nuclear facility. "
2. In para. 2:
a) in the text before item. 1, 'operating license for a nuclear facility shall be issued "are replaced by" licenses shall be issued';
B) point 1 shall be repealed;
C) in item. 3 and 4 the words "nuclear facility" are replaced by "license";
D) in Item. 9, "operating with" are replaced by "with". 3
. In para. 3, 'operating license for a nuclear facility is issued' is replaced by 'Licences will be issued. "
§ 24. In art. 36 is amended as follows:
1. Paragraph 1 shall be amended as follows:
"(1) The licenses include the right of a person to use the nuclear facility and to carry out all activities to achieve the objective laid down in the license, ensuring nuclear safety and radiation protection."
2 . In para. 2 after the word "license" a comma and the words "operational" is replaced by "as well as a separate permit for design, construction and commissioning."
§ 25. In art. 37 is amended as follows:
1. Paragraph 1 shall be repealed.
2. In para. 2 words "On revocation of the license" is replaced by "In cases of art. 22, para. 3 '.
§ 26. In art. 38 is amended as follows:
1. In para. 1:
a) in Item. 1:
aa) the letter "a" is amended as follows:
"a) structures, systems and components important to safety of the nuclear facility;"
bb) in letter "b" words "the limits and conditions for safe" is replaced by "limits and conditions";
Cc) in letter "c" word "operation" shall be deleted;
B) points 2, 3 and 4 shall be repealed.
2. Paragraph 4 is repealed.
§ 27. Article 39 is amended as follows:
"Art. 39. (1) A license to operate a nuclear facility shall be issued only to a person who is the owner or holder of property rights, the nuclear facility.
(2) A license for the decommissioning of a nuclear facility shall be issued to a person who is the owner or holder of rights in rem nuclear facility or a person who is entitled to carry out activities for decommissioning under this Act.
(3) A license under par. 2 shall be issued in case of a positive decision on the assessment of environmental impact. "
§ 28. In art. 40, para. 1 the words "under Art. 38, para. 1, p. 3 "are replaced by" nuclear material "and the words" licensee "shall be replaced with" a marketing authorization for commissioning or licensee under this section. "
§ 29. In art. 41 words "permit under Art. 38, para. 1, p. 4 "are replaced with" Permission "and the word" licensee "is replaced by" authorization holder for commissioning or licensee under this section. "
§ 30. In art. 44 be made the following amendments:
1. The previous text becomes para. 1.
2. Created al. 2, 3 and 4:
"(2) For the same nuclear facility subsequent authorization under Art. 33 para. 1 or license under Art. 35, para. 1 is issued to the person - holder of a prior authorization or license, his successor in the event of a reorganized, and acquirer of property rights over the property, which will be carried out.
(3) Paragraph 2 applies when production authorization or license is initiated by the previous holder of the permit or license. In this case, his written consent.
(4) When changing the holder of the permit or license under par. 2 and 3 the rights and obligations arising from acts issued under this Act to holders of previous authorizations and licenses bind the new holder. "
§ 31. Article 46 is amended as follows:
" Art. 46. ​​(1) The use of a unit of nuclear power plant according to its main purpose began after the entry into force issued in accordance with this law license for operation in the presence of an effective license for production of electricity and / or heat issued in accordance with the energy Act.
(2) termination of the license for the production of electricity and / or heat to terminate the right to use the facility according to its main purpose, arising from the issued operating license for a unit of nuclear power plant. "

§ 32. Article 47 is amended as follows:
"Art. 47. (1) At the initiative of the holder of an operating license for the Council of Ministers may, by decision to declare a nuclear power plant or parts of it to a facility for radioactive waste management, nuclear fuel if it permanently withdrawn from the facility. Council of Ministers decision taken after assessing the impact on the environment as provided in the Act on environmental cases.
(2) The licensee shall submit to the Chairman of the Agency plan for decommissioning a nuclear power plant or a separate unit or other nuclear facility no later than two years after cessation of facility decommissioning, unless a proposal from the licensee chairman of the Agency has set another deadline. "
§ 33. In art. 49 be made the following amendments:
1. In para. 1:
a) in the text before item. 1, 'Energy and Energy Resources "are replaced by" Economy, Energy and Tourism ";
B) in Item. 1 the words "Council of Ministers" are replaced by "in accordance with Art. 55, para. 1 ".
2. Paragraph 2 is amended as follows:
"(2) Entities budget plan, provide and account for contributions under par. 1, p. 1 transfer between budget accounts. "
Third. In para. 3, 'the Law on Energy and Energy Efficiency "are deleted.
4. A par. 5:
"(5) The amount of contributions under par. 1 pt. 1 is determined so that at the end of a lifetime to gather the necessary funds to cover the costs of decommissioning. "
§ 34. In art. 50 be made the following amendments:
1. In para. 1:
a) point 1 is amended as follows:
"1. annual program of the holder of a license for decommissioning; "
b) in item. 3 finally put a comma and added" including administrative and financial costs';
C) pt. 4 finally put a comma and added "including nuclear power plants announced as facilities for radioactive waste management under this law."
2. In para. 2, 'Energy and Energy Resources "are replaced by" Economy, Energy and Tourism. " 3
. A par. 5:
"(5) Where the project for decommissioning be more expensive than those approved by the board of the fund cost estimates, the additional costs are borne by the person who was last operating nuclear facility under issued license to operate. "
§ 35. In art. 51 is amended as follows:
1. In para. 1, 'which consists of 9 members, including chairman "shall be deleted.
2. In para. 2, 'Energy and Energy Resources "are replaced by" Economy, Energy and Tourism. "
§ 36. In art. 52, para. 1 after the word "economy" insert "and Energy" and the word "representative" is replaced by "a representative".
§ 37. In art. 54 made the following amendments:
1. In para. 1:
a) point 4 is amended as follows:
"4. control the revenue administration of the fund and their expedient spending; "
b) Section 5 is repealed.
2. A new paragraph. 2:
"(2) In order to support the activities of the Fund Management Board may establish an interagency working group of experts. Organization of work and the composition of the group are determined in accordance with Art. 55, para. 1. "
third. Former para. 2 becomes para. 3 and the words "Energy and Energy Resources" are replaced by "Economy, Energy and Tourism."
4. A par. 4:
"(4) Where the licensee and periodically, at least once every five years, the Management Board shall review the cost estimates for decommissioning, if necessary amended amount of the payments."
§ 38. Art. 55 made the following amendments:
1. The previous text becomes para. 1 and the words "Energy and Energy Resources" are replaced by "Economy, Energy and Tourism."
2. A par. 2:
"(2) The Board of the Fund on the proposal of the Minister of Economy, Energy and Tourism accepted methodology for determining the cost of financing the decommissioning and thus to determine the contributions due. The methodology should take account of technological aspects and requirements of nuclear safety and radiation protection. "
§ 39. In art. 56 is amended as follows:
1. In para. 1 the words "para. 2 and 3 "are replaced with" para. 2-4. "
2. Paragraphs 2-4 are amended as follows:
"(2) Licences and permits for activities with sources of ionizing radiation are not required where the probability of damage to health is negligible, according to the criteria defined in accordance with Art. 26, para. 3.

(3) Licences and permits for activities with sources of ionizing radiation are not required and where it is shown that the probability of damage to health is negligible, according to the criteria defined in accordance with Art. 26, para. 3. These activities are subject to control under this Act with respect to compliance with the requirements for radiation protection.
(4) Licenses or permits are not required when performing operations with high content of natural radionuclides, which can not be ignored in terms of radiation protection. These activities are subject to control regarding compliance with the requirements for radiation protection. "
§ 40. In art. 57 tons. 6 is amended as follows:
"6. import and export of ionizing radiation sources, including articles containing sources of ionizing radiation when they are dual-use items under the Law on export control of weapons and goods and dual-use technologies. "
§ 41. In art. 58 is amended as follows:
1. In para. 1:
a) in item. 2 the words "or parts thereof" shall be deleted;
B) point 3 is amended as follows:
"3. work with sources of ionizing radiation for the purpose of maintenance, installation, dismantling, construction and repair activities and services. "
2. In para. 3 words "three to five years" are replaced by "up to 10 years."
§ 42. In art. 59 made the following amendments:
1. The previous text becomes para. 1.
2. A par. 2:
"(2) Permission to import a sealed source categories 1, 2 and 3, with a half-life greater than five years shall be issued if the requirements of paragraph. 1 and is provided back to the manufacturer after the termination of its use. "
§ 43. In art. 60, para. 1, p. 1 after the word "safety" conjunction "and" is replaced by a comma and the words "radiation protection" insert "and physical protection."
§ 44. In art. 64 para. 2 is amended as follows:
1. In item. 1:
a) in point "a" words "during operation of the nuclear facility" are replaced by "nuclear facilities";
B) "b" is amended as follows:
"b) instructors full-scale simulators and qualified experts in radiation protection;".
2. In item. 2 the words "with sources of ionizing radiation" are replaced by "at nuclear facilities and sources of ionizing radiation under par. 1 outside those under p. 1 ".
§ 45. In art. 65 be made the following amendments:
1. In para. 1 p. 2 is amended as follows:
"2. has enough qualified staff with appropriate education and training for all activities related to staff training. "
2. Paragraph 3 is amended as follows:
"(3) The licenses for specialized training are granted, modified, suspended, revoked and controlled under the terms and conditions determined by an ordinance adopted by the Council of Ministers on a proposal from the chairman of the agency. The ordinance shall determine the requirements and arrangements for issuance, modification and revocation of licenses. "
Third. A par. 4:
"(4) The person holding a license for specialized training in the agency sent certified copies of the issued licenses within 7 days of their issue."
§ 46. In art. 66 para. 2 and 3 are amended as follows:
"(2) Qualification Examination Commission shall be appointed by the chairman of the agency. The commission includes representatives of the Agency, the Ministry of Health, and other persons appointed by the chairman of the agency that qualify under par. 4.
(3) The management bodies of the person holding a license for specialized training, qualification examination commission appointed. At the request of the Chairman of the Agency on the committee including a representative of the agency. "
§ 47. In art. 68, para. 1 p. 3 is repealed.
§ 48. In art. 70 be made the following amendments:
1. A new paragraph. 2:
"(2) Where the person who has issued the certificate of competency not take action to revoke the certificate under Art. 69, para. 2 to 14 days, the President of the Agency has the right to direct these actions. "
2. Former para. 2 becomes para. 3.
third. Former para. 3 becomes para. 4.
4. Former para. 4 is repealed.
§ 49. In art. 72 be made the following amendments:
1. In para. 1:
a) in the text before item. 1 the words "nuclear materials" and "or spent fuel" shall be deleted;
B) point 1 shall be amended as follows:
"1. to carry inventory and keep records of radioactive substances and other sources of ionizing radiation and radioactive waste; "
c) point 3 is amended as follows:
" 3. appoint competent persons responsible for internal control over radioactive substances, other sources of ionizing radiation and radioactive waste; data on persons submitted to the Agency; "
d) Point 4 is repealed;

E) pt. 5, the words "nuclear material or" shall be deleted;
E) Section 6 is amended as follows:
"6. provide access to the control authorities under this Act and to lend any assistance required. "
2. Paragraph 2 is amended as follows:
"(2) The terms and conditions for keeping radioactive substances, other sources of ionizing radiation and radioactive waste way of storing documentation for information and notification shall be determined by ordinance under Art. 26, para. 2. "
third. A par. 3:
"(3) Accounting and control of nuclear material is carried out under Chapter Nine."
§ 50. In art. 73 para. 2 is amended as follows:
"(2) A person who found or found lost, stolen or otherwise lost de facto control over nuclear materials, radioactive substances and other sources of ionizing radiation, shall immediately notify the President of the Agency, competent state body for civil defense or the competent authorities of the Ministry of Interior and the State Agency "National security". "
§ 51. in art. 74 be made the following amendments:
1. In para. 1 and 2 "Energy and Energy Resources" are replaced by "Economy, Energy and Tourism."
2. In para. 3, 'storage and / or "are deleted. 3
. Created al. 4 and 5:
"(4) act under par. 3 repository advocates object of national importance within the meaning of § 5, paragraph. 62 of the Additional Provisions of the Law on Spatial Planning.
(5) The expropriation of properties and parts of properties - private property for construction of the repository under par. 3 shall be by decision of the Cabinet of the Minister of Economy, Energy and Tourism, Minister of Regional Development and Public Works and the Minister of Finance under the terms and conditions of the State Property Act. The decision is published in the "Official Gazette". "
§ 52. In art. 76, para. 1 after the word "implemented" insert "only".
§ 53. In art. 79 make the following additions:
1. In para. 1 created item. 4:
"4. decommissioning of nuclear facilities:
a) when the State Enterprise "Radioactive Waste" is the owner or holder of the property rights over the facility;
B) under a contract with the person who is the owner or holder of the property rights over the facility. "
2. Created al. 3 and 4:
"(3) undertaking operates under par. 1, p. 4 in accordance with the requirements of nuclear safety and radiation protection based on issued by the Agency Chairman license for decommissioning.
(4) At the risk of an incident or accident with radioactive source State Enterprise "Radioactive waste" organized transportation and the adoption of as radioactive waste these sources under the terms and within the deadlines set by the President of the Agency. "|| | § 54. In art. 86 is amended as follows:
1. In para. 1, p. 1, 2, 6 and 7 the words "Energy and Energy Resources" are replaced by "Economy, Energy and Tourism."
2. In para. 2, 'Energy and Energy Resources "are replaced by" Economy, Energy and Tourism. " 3
. Paragraph 3 shall be repealed.
§ 55. In art. 87 is amended as follows:
1. In para. 1:
a) in the text before item. 1, 'Energy and Energy Resources "are replaced by" Economy, Energy and Tourism ";
B) pt. 4 words "resignation" are replaced by "his application".
2. In para. 2, 'Energy and Energy Resources "are replaced by" Economy, Energy and Tourism. "
§ 56. In art. 89 is amended as follows:
1. In para. 1:
a) t. 1, 'adopted by the Council of Ministers "are replaced by" approved ";
B) ie. 5 'Energy and Energy Resources "are replaced by" Economy, Energy and Tourism. "
2. In para. 3 'set by order of the Executive Director "shall be deleted.
§ 57. In art. 93 be made the following amendments:
1. In para. 1:
a) pt. 4 finally put a comma and added "including administrative and financial costs';
B) the item. 5:
"5. municipalities and settlements in the region of which operate or is approved or authorized under the Law on Spatial Planning and this law build a facility for radioactive waste management that can receive funding of projects and activities for Planning and Development the territory under the terms and conditions specified in the ordinance under Art. 94, para. 1. "
2. In para. 2, 'Energy and Energy Resources "are replaced by" Economy, Energy and Tourism. "
§ 58. In art. 94 is amended as follows:
1. In para. 1, 'Energy and Energy Resources "are replaced by" Economy, Energy and Tourism. "
2. Paragraph 4 is amended as follows:
"(4) Entities budget plan, provide and account for contributions of art. 92, para. 1, p. 1 transfer between budget accounts. "

§ 59. In art. 95 is amended as follows:
1. In para. 1, 'which consists of 9 members, including chairman "shall be deleted.
2. In para. 2, 'Energy and Energy Resources "are replaced by" Economy, Energy and Tourism. " 3
. In para. 3, 'Energy and Energy Resources "are replaced by" Economy, Energy and Tourism "and the words" Ministry of Economy "are deleted.
§ 60. In art. 97 be made the following amendments:
1. In para. 1:
a) point 1 is amended as follows:
"1. adopt Rules of Organization and Procedure of the Management Board of the Fund; "
b) point 3 is amended as follows:
" 3. control the revenue administration of the fund and their expedient spending. "
2. A new paragraph. 2:
"(2) In order to support the activities of the Fund Management Board may establish an interagency working group of experts. Organization of work and the composition of the group are determined in accordance with Art. 94, para. 1. "
third. Former para. 2 becomes para. 3 and the words "Energy and Energy Resources" are replaced by "Economy, Energy and Tourism."
§ 61. In art. 98, para. 1 after the words "nuclear safety" a comma and added "physical protection".
§ 62. In art. 100 made the following amendments:
1. In para. 1 after the words "this Act" insert "and regulations for its implementation" and the words "its" are replaced by "their".
2. In para. 2:
a) in item. 1 after the words "at any time" a comma and add "including" after the words "radiation protection" a comma and added "physical protection" and finally a comma be added "as well as the conditions of the licenses and permissions";
B) in item. 2 the word "operational" shall be deleted after the words "officials" shall be added "on site" and the words "nuclear safety" a comma and added "physical protection";
C) pt. 4 finally added "and the application of coercive administrative measures";
D) pt. 5, after the words "nuclear safety" a comma and added "physical protection";
E) the item. 6:
"6. to carry out cross-checks and require third party data and documents necessary for carrying out the checks. "
§ 63. In art. 101 made the following amendments:
1. Paragraph 2 is amended as follows:
"(2) The record shall be notified to the inspected person."
2. A new paragraph. 4:
"(4) made by the inspectors prescribed under this chapter may not be the kind of coercive administrative measures that apply Chairman of the Agency and contain commitments to undertake specific technological operations."
Third. Former para. 4 becomes para. 5.
§ 64. In art. 104, para. 2 words "radiation protection zone" is replaced by "zone for precautionary measures."
§ 65. In art. 105 made the following amendments:
1. In para. 1 in the text before item. 1, 'Controlled areas "are replaced by" Zones precautionary measures. "
2. In para. 4 after the word "transport" a comma and added "Communications and Information Technology."
§ 66. Article 106 is repealed.
§ 67. In art. 107 is amended as follows:
1. Paragraph 1 shall be amended as follows:
"(1) The area precautionary measures are established to limit public exposure to accidents."
2. In para. 2 words "radiation protection" be replaced by "the area for precautionary measures." 3
. Paragraph 3 is amended as follows:
"(3) For certain projects depending on factors of nuclear safety and radiation protection area for precautionary measures and surveillance zone may be confined to the boundaries of the site, building or room on site. In these cases, areas with special status created by the chairman of the agency with the appropriate license. "
§ 68. In art. 108 words "radiation protection" be replaced by "the area for precautionary measures."
§ 69. In art. 109 is amended as follows:
1. In para. 1 the words "radiation protection" be replaced by "the area for precautionary measures."
2. In para. 2 words "radiation protection" be replaced by "the area for precautionary measures" and the word "Food" is replaced by "food". 3
. In para. 3 and 4 the words "radiation protection zone" is replaced by "zone for precautionary measures."
§ 70. In art. 110 words "radiation areas" are replaced by "zones for precautionary measures."
§ 71. In art. 112 made the following amendments:
1. Paragraph 2 is amended as follows:
"(2) The system of physical protection of nuclear facilities and the system of physical protection of nuclear materials in the course of transportation designed and their performance is evaluated according to project a threat." || | 2. Created al. 3-5:

"(3) The State Agency" National Security "in accordance with Art. 33 of the Law on State Agency "National Security" provides the licensee and the president of the agency threat assessment for each specific nuclear facility or in the case of transport of nuclear material.
(4) Design threat is being developed by the licensee based on the assessment under par. 3 and approved by the President of the Agency after consultation with the State Agency "National Security". The modalities for the development and approval of design threat are determined in accordance with Art. 113, para. 4.
(5) The State Agency "National Security" annually or upon request updated assessment under par. 3 and notify the chairman of the agency and licensees for the amendments. Licensees are required to update the project threat and to make corresponding changes in physical protection system in accordance with the updated assessment. "
§ 72. In art. 115 is amended as follows:
1. In para. 1 the word "performance" is replaced by "ensuring".
2. Paragraph 2 is amended as follows:
"(2) The zones under par. 1 shall be determined in accordance with the project threatened by an order determined in accordance with Art. 113, para. 4. "
§ 73. In art. 116 made the following amendments:
1. In para. 2 second sentence is deleted.
2. A par. 3:
"(3) The right to unescorted access to the protected area of ​​a nuclear facility have only persons authorized to work or for a specific assignment in strategic object, obtained by procedure established by the State Agency" national security "."
§ 74. In Chapter seven creating art. 116a:
"Art. 116a. Information on physical protection of nuclear facilities, nuclear material and radioactive substances is an official secret under the Law on protection of classified information unless it is classified as a state secret under the same law. "
§ 75. In art. 124 is amended as follows:
1. The text before item. 1 is amended as follows: "The Chairman of the Agency as an organizer and coordinator for implementation of the obligations of the Republic of Bulgaria arising from the Treaty on Non-Proliferation of Nuclear Weapons, the Agreement between the Republic of Austria, Belgium, Denmark, Finland, the Federal Republic Germany, the Hellenic Republic, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, the European Atomic energy Community (EURATOM) and the International Atomic energy Agency (IAEA) for the application of Art. III (1) and (4) of the Treaty on the Non-Proliferation of Nuclear Weapons, hereinafter "the Agreement", and the Additional Protocol thereto ".
2. Point 2 is amended as follows:
"2. where this is provided for by the Treaty establishing the European Atomic Energy Community (Euratom) to the Agreement and the Additional Protocol thereto, compile and provide the International Atomic Energy Agency and the European Commission the necessary information, including through inspection under Chapter five; ". 3
. In item. 3, after the words "nuclear power" is added "and inspectors of the European Commission."
4. Section 5 is repealed.
§ 76. In art. 125 made the following amendments:
1. In para. 1:
a) in item. 1 after the words "the Chairman of the Agency" insert "and the Commission";
B) pt. 4, after the words "nuclear energy" a comma and added "inspectors from the European Commission."
2. In para. 2 words "equipment and materials" are replaced by "equipment and materials".
§ 77. In art. 129, para. 1, 'type, terms and conditions "are replaced by" the type and conditions. "
§ 78. In art. 139 be made the following amendments:
1. A new paragraph. 3:
"(3) A person who violates the terms of its license for specialized training shall be fined from 1,000 to 5,000 Levs or a property sanction from 3000 to 10 000 Levs."
2. Former para. 3 becomes para. 4 and her everywhere the words "para. 1 and 2 "are replaced with" para. 1, 2 and 3 ".
§ 79. In art. 141 make the following additions:
1. In para. 1 after the words "nuclear safety" insert "physical protection".
2. In para. 2 after the words "radiation protection" insert "and physical protection."
§ 80. In art. 142 make the following additions:
1. In para. 1 after the words "nuclear safety" insert "physical protection".
2. In para. 2 after the words "radiation protection" insert "and physical protection."
§ 81. In art. 143, para. 1 after the words "capacity" insert "or in violation of the certificate of competency."
§ 82. In art. 147, para. 1 after the words "this Act" insert "or regulations for its implementation."
§ 83. In art. 149, para. 2 words "impose order" are replaced by "be imposed in case of".
§ 84. In art. 151, para. 1, 'based on the written statement "is replaced by" proposal ".

§ 85. In additional provision be made the following amendments:
1. The name "Additional provisions" are amended as follows: "Additional provisions".
2. In § 1:
a) points 2, 4 and 5 shall be repealed;
B) pt. 6 finally added "and the Joint Protocol Relating to Application of the Vienna and Paris Convention (prom. SG. 76 of 1994 .; corr. SG. 91 of 1994), ratified by law (SG. 64 of 1994) ";
C) point 8 is amended as follows:
"8. "Activities with materials with increased content of natural radionuclides, which can not be ignored in terms of radiation protection" are the work activities related to work and / or storage of materials or leading to the production of residual materials which are not normally considered radioactive but which contain naturally occurring radionuclides, causing a significant increase in exposure of workers and possibly members of the public. "
D) pt. 9 creates the third sentence: "In accordance with the related activities with risk sealed sources are classified into five categories:





category


1


2


3


4


5




A / D


1000 ≤ A / D


10 ≤ A / D <1000


1 ≤ A / D <10


0.01 ≤ A / D <1


A / D <0.01






Where A is the activity of the source and values ​​of D and the method of calculation are specified in the ordinance under Art. 123 ';
E) point 12 shall be amended as follows:
"12. "Controlled access area" means an area designated for the purposes of physical protection, which covers the area around the protected area of ​​a nuclear facility to which access is controlled and may be limited to persons and vehicles. "
F) point 19 shall be amended as follows:
"19. "A qualified expert in radiation protection" is an individual with the necessary knowledge, training and technical skills that enable it to carry out assessments of doses and to provide counseling and advice on radiation protection of workers and the public, as well as the safety of nuclear facilities and sources of ionizing radiation. The capacity of a qualified expert in radiation protection is recognized under a procedure specified in the relevant legislation. "
G) the item. 19a:
"19a. "Structures, systems and components important to safety" are:
a) whose malfunction or failure could lead to unacceptable exposure of personnel or per capita;
B) that prevent the development of anticipated operational occurrences in accidents;
C) technical means which are designed to reduce the consequences of malfunction or failure of structures, systems and components. "
H) paragraphs 20 and 21 shall be repealed;
) Point 25 shall be amended as follows:
"25. "Exposure" is the process of exposure to ionizing radiation. "
K) the item. 26a:
"26a. "Exemption regulation" is a regulated activity under this Act performed by a licensee or permit holder to free future activities (disposal, recycling, reuse, etc.) with radioactive substances or materials from the requirements of this Act and regulations its implementation. "
L) are created so. 29a and 29b:
"29a. "Trucking" is relocation of a consignment containing nuclear material, spent fuel, radioactive waste and other radioactive substances from the place of origin of the goods to the place of its purpose. Activity "transportation" includes all activities on preparing the cargo for shipment, activities related to loading, transporting, unloading and receipt, including hours of transit and temporary storage of cargo, if necessary.
29b. "Project threat" are the attributes and characteristics of potential internal and / or external intruders who might have attempted misappropriation of nuclear material or sabotage against which to design and evaluate physical protection system. "
M) the item. 34a:
"34a. "Sabotage" means any deliberate act directed against a nuclear facility or nuclear material in use, storage or transport which could directly or indirectly endanger the health and safety of workers and the public or damage the environment by exposure to ionizing radiation or release radioactive substances. ";
N) point 37 shall be amended as follows:

"37. "Specialized training" is a postgraduate theoretical and practical training and preparation, including duplication and instruction to individuals in order to perform specific activities or tasks at nuclear facilities or with sources of ionizing radiation. "
O) the item. 40a:
"40a. "High-risk facilities which are important for nuclear safety" are boilers, vessels working under pressure piping for steam and hot water and elevators that are part of the structures, systems and components important to safety and damage to which can be released radioactive materials. "
P) paragraph 43 shall be repealed;
Q) in Item. 45 finally put a comma and added "excluding off-site transportation. It may also include authorized releases. "
A) in Item. 49 words "nuclear installation" is replaced by "installation";
T) points 51, 52 and 53 are amended as follows:
"51. "Nuclear safety" is the ability of a nuclear facility and its systems and staff to achieve the proper operating conditions, prevention of incidents and accidents and limit their consequences, so that staff and public are the best protection against ionizing radiation nuclear installation.
52. "Nuclear installation", "nuclear incident", "nuclear material", "person" and "operator" in chapter ten concepts are defined in Art. I of the Vienna Convention.
53. "Nuclear power plant" is a plant in which energy is generated by one or more nuclear reactors and which may include adjacent facilities for management of radioactive waste and spent nuclear fuel located on the same site, which are provided for general physical protection and emergency planning . ';
T) in Item. 54 the word "special" is deleted. 3
. Created § 1a - 1g:
"§ 1a. In international traffic within the European Union of radioactive substances, which are not nuclear material or radioactive waste, Regulation (Euratom) № 1493/93 of the Council of 8 June 1993 on shipments of radioactive substances between Member States.
§ 1b. (1) The international carriage within the European Union, as well as import, export or transit through the European Union spent fuel or radioactive waste, depending on the case except for a license under Art. 15, para. 3 pt. 5 or permission of art. 15, para. 4 pt. 7, 12 or 16 the chairman of the Agency issues:
1. document confirming the international carriage - subject to the agreement of other countries relating to relevant international carriage or
2. document containing written consent for transportation through the territory of Bulgaria.
(2) Documents relating to the international carriage shall be drawn up in a standard format approved by the President of the agency.
(3) The documents under par. 1 may be issued for:
1. each transport;
2. more than one shipment for up to three years if the conditions for uniformity determined by the order under par. 2.
(4) In cases where written consent is required under par. 1 pt. 2, the failure of the President of the Agency within the prescribed period shall be considered tacit consent for carriage on the territory of Bulgaria.
(5) In the cases under par. 3 pt. 2 and par. 4 requirement to have issued in the case may license under Art. 15, para. 3 pt. 5 or permission of art. 15, para. 4 pt. 7, 12 or 16 is not repealed.
(6) The conditions to be specified by the licenses and permits related to international carriage under this paragraph may not be more restrictive than the terms to be determined in carrying out the transport of spent fuel or radioactive waste within in Bulgaria.
(7) denial of documents under par. 1 motivate.
§ 1c. In the case of imports in Bulgaria or exported from the Republic of Bulgaria respectively, or a country - member of the European Union does not require authorization pursuant to Art. 15, para. 4 pt. 13 and 15.
§ 1d. The list of specific facts, information and items constituting an official secret in the regulation of the safe use of nuclear energy and radiation protection is determined by the President of the agency.
§ 1e. (1) The information that has become known to the chairman of the agency, the Deputy Chairmen and employees of the agency in connection with the performance of their functional duties is protected secret and is provided under this Act.
(2) The information under par. 1 shall be granted only upon written request to the competent state bodies of the Republic of Bulgaria.
(3) Outside the cases under par. 2 information under par. 1 provides:
1. written consent of the applicant, licensee or permit holder under this Law, provided the information;

2. applicants, licensees and permit holders under this Act when it is necessary for the proper functioning of the licensing process and the implementation of control activities under this Act; 3
. when the chairman of the agency assigned to third parties carrying out investigations, studies and research related to nuclear safety and radiation protection;
4. in fulfillment of Bulgaria's obligations arising from international agreements;
5. on the basis of a final judgment.
(4) The restrictions under par. 1-3 does not apply to the provision of:
1. information on incidents and accidents at nuclear facilities or sites with sources of ionizing radiation to the extent determined by the ordinances of art. 19, para. 1, p. 8 and Art. 123;
2. data on the radiation background in the Republic of Bulgaria; 3
. data on radioactive contamination of the environment, which may endanger the life and health of the population;
4. Data received exposure to ionizing radiation of workers and the public.
§ 1f. (1) This Act introduces the requirements of Directive 2009/71 / Euratom of 25 June 2009 establishing a Community framework for nuclear safety of nuclear installations (OJ, L 172/18 of July 2, 2009).
(2) Every three years, the chairman of the agency's report on implementation of the requirements of the Directive under par. 1. The report submitted to the European Commission under the established procedures for cooperation with the EU institutions. The specific terms are defined in accordance with the deadlines for conducting meetings to consider the reports submitted pursuant to Art. 5 of the Convention on Nuclear Safety.
(3) The first report under par. 2 submitted to the European Commission by 22 July 2014
§ 1g. Chairman of the Agency at least 10 years organizing periodic self-assessment of the national legislative, regulatory and organizational framework for nuclear safety of nuclear installations and the work of the competent regulatory authority and propose an international peer review in order to continuously improve nuclear safety. "
§ 86. In other texts of law the words "energy and energy resources" are replaced by "economy, energy and tourism."
Transitional and Final Provisions
§ 87. The proceedings started before the entry into force of this law for the issuance of licenses and permits shall be finished by the previous order.
§ 88. In the Law on technical requirements for products (prom. SG. 86 of 1999 .; amend. And suppl., SG. 63 and 93, 2002, issue. 18 107 2003 SG. 45, 77, 88, 95 and 105 of 2005, pcs. 30, 62 and 76, 2006, issue. 41 and 86 of 2007 and SG. 74 of 2009) The following amendments and additions:
1. In art. 33 para. 3, after the words "nuclear power plants" insert "which are specifically designed for nuclear use and are part of the structures, systems and components important to nuclear safety, and the failure of which may emit radioactive products" and a comma .
2. Paragraph 5 of the Additional Provisions shall be repealed.
§ 89. (1) Until the entry into force of the relevant regulations of art. 26, para. 6 control of high-risk equipment that are relevant to nuclear safety located at the site of commissioned nuclear power plants is carried out by the previous order.
(2) high-risk equipment other than those under par. 1, is handled by the Law on technical requirements for products.
(3) Within six months of the entry into force of this law, the control of high-risk equipment under par. 2 is implemented by the previous order.
§ 90. Until the entry into force of amending the tariff of art. 28, para. 1 decommissioning of a nuclear facility collect relevant fees provided for operation of the facility for radioactive waste management.
§ 91. Within six months of the entry into force of this Act the Council of Ministers considered the need for a declaration of welded brought into service a national repository for storage and / or disposal of radioactive waste on site of national importance under the Law Spatial.
§ 92. The Council of Ministers within three months from the entry into force of this Act shall adopt the necessary amendments to the ordinance under Art. 94, para. 1.
§ 93. The provisions of § 20 pt. 2, § 33 pt. 2 and § 58 shall enter into force from January 1, 2011
law was adopted by the 41 th National Assembly on 29 September 2010 and stamped with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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