ARTICLE 27 CONSTITUTIONAL LAW ON NUCLEAR MATTERS
Official Journal of the Federation February 4, 1985
Last Reform Published DOF 09 April 2012
On the sidelines is a seal with the National Shield, which says: The United Mexican States. -Presidency of the Republic.
MIGUEL DE LA MADRID H., Constitutional President of the United Mexican States, to its inhabitants, known:
That the H. Congress of the Union has been used to address the following
" The Congress of the United Mexican States, decrees:
ARTICLE 27 CONSTITUTIONAL LAW ON NUCLEAR
Article 1o.- This Law is a regulation of Article 27 Constitutional on Nuclear Matter and regulates the exploration, exploitation and benefit of radioactive minerals, as well as the use of nuclear fuels, the uses of nuclear energy, the research of nuclear science and techniques, the nuclear industry and everything related to it.
The provisions of this Law are of public order and observance throughout the Republic.
Article 2o.- The use of nuclear energy may only be for peaceful purposes in compliance with Article 27 of the U.S. Constitution. Mexicans.
The Federal Executive will dictate the regulatory provisions that will be subject to both energy and non-energy use of radioactive materials.
Article 3o.- For the purposes of this Act it is understood by:
I.- Nuclear fuel: material made up of natural uranium, enriched, or depleted uranium to the extent to be fixed by the Secretariat of Energy, Mines and Industry Parastatal, or special fissile material, used in any nuclear reactor;
II.- Nuclear installation: The one in which it is manufactured, processed, used, reprocessed, or stored fuel or nuclear material;
III.- Radioactive installation: the one in which it is produced, manufactured, stored, or made use of radioactive material or equipment containing it; or treated, conditioned or stored radioactive waste;
IV.- Nuclear material: any basic material or special fissile material;
V.- Basic material:
a) Natural uranium;
b) The uranium in which the ratio of isotopes 235 is lower than normal;
c) The thorium;
d) Any of the elements cited in the form of metal, alloy, chemical compound, or concentrate;
e) Any other material that contains one or more of the items cited in the concentration determined by the Energy Secretary and;
f) The other materials that the mentioned Secretariat determines in its opportunity.
The expression "basic material" shall be understood as not referring to minerals or to their waste or bargain.
VI.- Special fissile material:
a) Plutonium 239 and 241;
b) Uranium 233;
c) The enriched uranium in isotopes 235 or 233;
d) Any material that contains one or more of the items mentioned, and
e) Other fissile materials to be determined by the Energy Secretariat;
VII.- Radioactive material: any material containing one or more of the nuclides that spontaneously emit particles or electromagnetic radiation, or which are fissile spontaneously;
VIII.- Radiation source: any device or substance that emits ionizing radiation in a quantifiable manner;
IX.- Radioactive Mineral: the one containing uranium, thorium or combinations of both at a concentration equal to or greater than 300 parts per million, and other minerals susceptible to be used for the manufacture of nuclear fuels specifically determined by the Energy Secretariat.
It shall also be considered a radioactive mineral containing less than 300 parts, when determined by the Secretariat concerned; and
X.- Non-energy use of radioactive material: the use of radioactive material and equipment containing it, and ionising radiation generators, for industrial purposes, medical, agricultural or research.
The determinations referred to in this Article shall be collected in declarations issued by the Secretariat, which shall be published in the Official Journal of the Federation.
Article 4o.- The Energy Secretariat will apply this Law in the field of its competence.
The Exploration, Exploitation, and Benefit of Radioactive Minerals
Article 5o.- The radioactive minerals, in the terms of Article 27 of the Political Constitution of the United Mexican States, are the property of the Nation; and its exploration, exploitation and benefit may not be the subject of a concession or contract.
For the exploration, exploitation and benefit of the radioactive minerals defined in Article 3 (IX). of this law, the Secretariat of Energy will grant the corresponding allocations to the public bodies provided for in Articles 9o. and 10 of this law. These allocations will also include the associated non-radioactive minerals.
Article 6o.- Any person who has knowledge of the existence of radioactive mineral deposits must immediately notify the Secretary of Energy.
Article 7o.- The concession holders and mining allocations that discover radioactive minerals in the respective lots, shall give written notice to the Secretariat of Energy, the ten days following discovery so that this dependency:
I.- Designate, immediately, a controller to protect the Nation's ownership of the radioactive minerals;
II.- Carry out the necessary work to determine if the exploitation of the discovered radioactive minerals is technically and economically usable, listening to the opinion of the Council of Mineral Resources and the Mining Development Commission;
III.- If the determination referred to in the previous fraction is positive, the grant or allocation shall be modified to allow the competent public bodies to grant the allocation of exploitable radioactive minerals. In this case, the licensee or the licensee may continue outside the affected area, with the exploitation of the other minerals.
If by the high concentration of radioactive ore the Energy Secretariat determines that the cancellation of the concession or allocation proceeds, this will be done in the terms of the Regulatory Law of Article 27 Constitutional in Matter Minera, and
IV.- If the determination is negative for not being technically and economically usable the exploitation of the radioactive mineral discovered, owned by the Nation, the concessionaire or The consignee shall remain as the depositary of the jales containing it.
Article 8o.- The holders of the exploration, exploitation and profit concessions or allocations which, in contravention of the foregoing provision, have been exploited or The recovered radioactive mineral will be made creditors to the cancellation of the concessions or allocations and to a fine up to five thousand times the daily minimum wage in force in the Federal District. Those who have omitted to give the notice referred to in the previous article will be liable for a fine of up to five thousand times the daily minimum wage in the Federal District.
Article 9o.- The exploration of radioactive minerals will be the exclusive and direct charge of the decentralized federal public body called the Council of Mineral Resources, both in free land. as not free. This activity shall be in accordance with the technical program and conditions determined by the Secretariat of Energy which shall assign to the Agency mentioned the lots that are required for the exploration and exploration of such minerals.
Article 10. The Energy Secretariat may grant allocations only to the decentralized federal public body called the Mining Development Commission for the exploitation of radioactive minerals, compliance with policies that will be established for the achievement of the objectives or priorities of national and sectoral development planning. It may also be granted to the Agency alone for the installation and operation of benefit plants which take advantage of the mineral substances referred to in this provision.
The Mining Development Commission will carry out the activities mentioned directly and exclusively.
The Nuclear Industry
Article 11.- For the purposes of this Act the nuclear industry comprises:
I.- The phases of the fuel cycle from "refining" to before the "burning" of the fuel cycle, or until the manufacture of combustible elements, including in its Uranium enrichment case;
II.- The "burning", or the use of the fuel elements for energy purposes resulting in the generation of electricity or in other use of the released heat;
III.- Fuel "reprocessing";
IV.- The last phases of the fuel cycle, including the permanent and temporary storage of irradiated fuel or radioactive waste from the reprocessing;
V.- The production of heavy water, if any, and its use in nuclear reactors;
VI.- The design of the nuclear power supply systems;
VII.- The design and manufacture of equipment and components of the nuclear power supply system of nuclear power plants or other nuclear reactors;
VIII.- The production and applications of radioisotopes, as well as the processing, conditioning and final disposal of their radioactive waste, and
IX.- The design, manufacture and use of nuclear reactors and radiation sources for research and technological development.
The nuclear industry is of public utility.
Article 12.- The activities referred to in the previous article with the exception of fraction IX shall be carried out in the terms of the guidelines and programs approved by the Federal Executive. Energy Secretary in line with the policies that will be established for the achievement of the objectives and priorities of the national development planning.
Article 13.- National research and technological development activities in the field of nuclear technology will be aimed at achieving scientific and technical self-determination, as well as optimal use of the applications of nuclear materials and fuels and radioactive materials, in order to strengthen the economic and social advancement of the Nation.
The use of nuclear reactors shall be subject to the rules for the purpose of issuing the Energy Secretariat and the monitoring thereof.
Article 14.- In accordance with the fourth paragraph of Article 28 Constitutional, the following strategic activities are considered:
I.- The benefit of radioactive minerals;
II.- The nuclear fuel cycle that includes: the "refining" of the uranium concentrate, the "conversion", the "enrichment", the "conversion", the manufacture of 'pills', the manufacture of 'fuel rods', and the manufacture of 'fuel assemblies';
III.- The "reprocessing" of fuel, which consists of a series of chemical processes to recover unused uranium as well as the plutonium produced;
IV.- The storage, definitive or temporary, and the transport of irradiated fuel or waste product from its reprocessing;
V.- The production of heavy water and its use in nuclear reactors, and
VI.- The application of nuclear energy for the purpose of generating steam for use in industrial complexes, water salt and other applications that may result necessary to promote the economic and social development of the country.
Article 15.- The use of nuclear fuel elements for energy purposes corresponds, in any case, to the Nation.
Electricity generation from the use of nuclear fuels will be conducted exclusively by the Federal Electricity Commission. It is up to the Commission to design and build nuclear power plants, in the view of the National Institute for Nuclear Research.
The use of nuclear reactors for non-energy purposes will only be carried out by the Public Sector and the Universities, Institutes and Research Centres. authorised in accordance with this Law.
Article 16.- The production, use and application of radioisotopes, as well as the manufacture of components of the nuclear steam supply system, with the exception of nuclear fuel, are priority activities for national economic development under the terms of the fifth paragraph of Article 25 Constitutional.
The above activities may be carried out by the public sector, in itself or with social and private sectors, subject to the authorization of the Energy Secretariat. The use of nuclear reactors shall only be carried out by the public sector, universities, institutes and research centres approved in accordance with this Law.
Authorisations for the production of radioisotopes, from the use of nuclear fuel, shall be issued by the holder of the Energy Secretariat as provided for in the regulatory provisions, and shall be publish in the Official Journal of the Federation.
Prior authorizations shall be issued after the opinion of the National Institute of Nuclear Research and the competent authorities, according to the use of the radioisotopes in the areas of health, industry or agriculture.
Article 17.- Nuclear fuel is the property of the Nation; the Federal Executive may only authorize its use in the terms of this Law and always under the supervision of the National Nuclear Safety and Safeguards Commission.
Article 18.- The Federal Executive, through the Secretary of Energy:
I.- Set the guidelines for the use and development of nuclear energy and technology, in accordance with national energy policy;
II.- It will boost, monitor and, where appropriate, approve the work programmes of the Mineral Resources Council and the Mining Development Commission. radioactive, in order to be consistent with research programmes and projects, implementation in the generation of energy, and development of the nuclear industry;
III.- It will regulate nuclear, radiological and physical security, and safeguards, as well as monitor their compliance;
IV.- Realize the various stages of the nuclear fuel cycle, and its reprocessing, except for the burning, and will arrange and monitor, where appropriate, those that are not possible perform in the country;
V.- Carry out the import and export of nuclear materials and fuels, with the participation corresponding to other dependencies.
In the exports of minerals or radioactive materials, the country's self-sufficiency will always be treated. Where appropriate, the authorization may not exceed, annually, 5 percent of the proven reserves that the country will require, in accordance with the program that is formulated according to the National Development Plan provided for in Article 26 of the Constitution.
VI.- Set up research and technological development policy in the nuclear industry;
VII.- The storage, transportation, and deposit of nuclear and radioactive waste fuels, whatever their origin, will be charged to them;
VIII.- The temporary storage of nuclear fuels and radioactive waste arising from their use may be authorised by the public bodies concerned, and
IX.- It will be responsible for the observance of the treaties and other international legal instruments signed in the field of nuclear matters, in the field of its competence.
Nuclear, Radiological and Physical Security, and Safeguards
Article 19.- Security is paramount in all activities involving nuclear energy and should be taken into account from planning, design, construction and operation, until the final closure and decommissioning of nuclear and radioactive installations, as well as in the final provisions and final destination of all waste.
Article 20.- Nuclear safety is the set of actions and measures aimed at preventing nuclear equipment, materials and installations and their functioning from being risks to the health of man and his property, or to the quality of the environment.
Article 21.- Radiological security is intended to protect workers, the population and their property, and the environment in general, by preventing and limiting the effects which may result from exposure to ionizing radiation.
Article 22.- Physical security at nuclear or radioactive installations is intended to prevent intentional acts that cause or may cause damage or alterations to the public health or safety, such as unauthorised theft or use of nuclear or radioactive material.
Nuclear and radioactive installations must have physical, nuclear and radiological security systems that meet the requirements to be established in other Member States. orders and in the regulatory provisions of this Law.
Article 23.- Any person who has knowledge of an incident involving nuclear materials or fuels, radioactive materials or equipment containing them, or conditions that he or she believes to be They may cause it, it must immediately give notice to the National Nuclear Safety and Safeguards Commission of the Energy Secretariat. The natural or moral persons authorized to carry out any of the activities covered by this Law shall carry out the immediate communication by any means, as soon as the facts referred to in this Law are of their knowledge Article 1 shall be formalized by written notice to the Commission at the latest within 24 hours. In such cases, the Commission may order or make the removal of equipment, utensils or materials that involve any risk, for its deposit in places that meet the security conditions.
Article 24.- The safeguards are intended to organize and maintain a national system for the registration and control of all nuclear materials, in order to verify that they do not produce diversion of such materials, from peaceful uses to the manufacture of nuclear weapons or other unauthorized uses.
The Federal Executive Branch will dictate the rules applicable to this matter, and will monitor compliance with the international agreements or treaties signed by Mexico on the matter.
Article 25.- Nuclear and radioactive installations must meet the requirements for placement (selection, study and location assessment), design, construction, operation, modification, cessation of operations, final closure and decommissioning, established in the regulatory provisions of this Law.
The requirements to be mentioned shall be determined on the basis of the risk associated with the operations involving radioactive material, and on the basis of the activity and radiotoxicity of the isotopes present.
Article 26.- The location, design, construction, operation, modification, cessation of operations, definitive closure and dismantling of nuclear and radioactive facilities requires the authorization from the Energy Secretariat.
The authorizations for the construction and operation of the reference facilities shall be valid and their renewal, modification, suspension and cancellation shall be regulated by the provisions contained in the respective regulations.
Article 27.- The authorized natural or moral persons, in the terms of this Law and its regulations, to operate nuclear and radioactive facilities shall have the The requested radiation safety personnel, who shall be responsible for the advice, training, evaluation of work procedures, the preparation of safety manuals, their monitoring and implementation, as regards protection radiation within the working centre. The holder of the authorisation shall be directly responsible for the radiation safety.
Both the authorisation holder and the radiological security personnel shall comply with the requirements and obligations laid down in the regulatory provisions of this Directive. Law.
In nuclear facilities, the required nuclear and radiological security personnel must be counted, and the holder of the relevant public body will be responsible for the nuclear safety. strict compliance with the applicable rules.
Article 28.- The authorizations for the construction and operation of a nuclear installation will only be granted when it is credited, through the presentation of the information relevant, how the objectives of security are to be achieved and what procedures and methods will be used during the phases of placement, design, construction, operation, modification, final closure and decommissioning of the security. installation. Additionally, the corresponding radiological emergency plan will be presented. This information shall observe the terms and forms provided for in the provisions of this Law.
The application will also contain the necessary information on the impact of the installation on the environment, for evaluation by the National Nuclear Safety Commission and Safeguards and by other authorities in accordance with their powers.
Article 29.- The acquisition, import, export, possession, use, transfer, transport, storage and destination or final disposal of radioactive material and generating devices Ionising radiation can only be carried out with authorisation to be issued by the Energy Secretariat through the National Nuclear Safety and Safeguards Commission, irrespective of other authorisations. Radioactive materials and devices used for medical purposes shall require prior authorization from the Health Secretariat.
Article 30.- The handling, transportation, storage and custody of nuclear materials and fuels and radioactive materials and equipment containing them, shall require authorization and shall be governed by the provisions of this Regulation. regulations of this Law.
Article 31.- The exploitation of radioactive mineral deposits, the treatment plants of such minerals, their jales dams and the associated work areas subject, as regards radiation safety, to the provisions to be issued by the competent authorities, without prejudice to the provisions laid down in other security systems.
Article 32.- Nuclear and radioactive facilities will be subject to inspections, audits, verifications and recognitions by the National Nuclear Safety Commission and Safeguards, in order to verify the conditions of nuclear, radiological and physical security, and the compliance with the safeguards therein.
Article 33.- Based on the outcome of the inspections and measures outlined in the previous Article, the National Nuclear Safety and Safeguards Commission will issue a an opinion indicating the deficiencies and anomalies which have been found in their case and the time limits for their correction. Subsequently, the Authority will monitor that the measures taken to correct the anomalies or deficiencies comply with the established points.
Article 34.- In cases of imminent danger or risk to the personnel of a nuclear or radioactive facility, or to society in general, the National Security Commission Nuclear and Safeguards shall order and execute as appropriate, the retention, securing or deposit of the sources of ionizing radiation or equipment containing them, as well as of any contaminated goods, in the terms of the respective regulations.
It may also order and execute, as a preventive measure, the temporary, partial or total closure of nuclear and radioactive installations, as well as of contaminated real estate, setting deadlines for correcting deficiencies or anomalies. In the event that the deficiencies or anomalies are not remedied within the time limit to be granted, the Commission referred to in the technical opinion concerned shall proceed to the final closure.
The holder of the Energy Secretariat may also order the National Nuclear Safety and Safeguards Commission to temporarily occupy nuclear or radioactive installations, which must be observed in all the provisions that the Federal Executive will issue in this regard.
The above measures do not exclude civil, criminal or labor liability, which, if any, are the responsibility of the holder of the authorization for the damages to the persons or to the his assets.
Article 35.- The suspension or cancellation of the authorizations granted will involve the adoption of the security measures referred to in the previous Article in respect of the sources or equipment. The same measures may be applied when the authorisations for the construction, adaptation or preparation of the installation concerned are cancelled or suspended, and therefore such actions may not be continued. These measures will also be implemented and implemented by the National Nuclear Safety Commission and Safeguards in cases where nuclear materials and fuels, radioactive materials and equipment are involved. contains, without the authorization, permission or license required by this Law and its regulations.
Article 36.- The suspensions and cancellations of authorizations granted, as well as the fines and security measures will be imposed by the Energy Secretariat through the National Nuclear Safety and Safeguards Commission based on the results of the inspections, audits, verifications or acknowledgments that are carried out and taking into account the evidence and arguments of the interested parties. In any event the resolutions issued in this matter shall be motivated and founded on the provisions of this Law and its regulations, and other applicable laws.
Article 37.- Violations of the precepts of this Law and its regulatory provisions, regardless of whether they are causal of suspension, cancellation or revocation of the authorisations granted, fines of five to five thousand times the general minimum wage in force at the place and type in which the violation is committed. If the infringement persists and the time limit granted for its correction persists, the Commission may impose fines for each day that elapses without the respective mandate being obeyed, provided that it does not exceed the maximum limit.
Article 38.- For the quantification of the fines referred to in the previous Article, consideration shall be given to the seriousness of the infringement committed; the economic conditions of the infringer, and the recidivism, if any.
Article 39.- In case of recidivism the original fine imposed shall be doubled, without the amount exceeding twice the maximum fixed in Article 37 of this Law.
It is understood by recidivism for the purposes of this Law its regulations, each of the subsequent infractions to the same precept that are not continuous, committed within the two years following the date of the judgment in which he made the previous infringement count, provided that it had not been distorted.
Article 40.- Resolutions that are based on this Law or other provisions arising therefrom may be appealed within the 15-day term. The following shall apply to the date of notification. The appeal shall be directed and submitted in writing to the holder of the Secretary of Energy in which the evidence to be related to the contested administrative act shall be offered. If the tests are exhausted and the procedures are exhausted, within the next 30 working days, the appropriate resolution shall be issued.
The application of the appeal will only suspend the enforcement of the contested decision, where it involves payment for fines and the affected one guarantees it under the Tax Code of the Federation.
The National Institute of Nuclear Research
Article 41.- The National Institute of Nuclear Research is a decentralized public body of the Federal Government with its own legal personality and heritage.
Article 42.- The National Nuclear Research Institute will aim to conduct research and development in the field of nuclear science and technology, as well as promote the peaceful uses of nuclear energy and disseminate the progress achieved to link them to the economic, social, scientific and technological development of the country.
The research and development carried out by the Institute should be consistent with national policies and will be developed in accordance with the programs that will be approved for this purpose.
Article 43.- For the purposes of the National Institute of Nuclear Research, the following privileges shall be granted:
I.- To conduct and promote activities leading to scientific and technological development in the field of nuclear science and technology, as well as to promote transfer, adaptation and assimilation of technology in this field;
II.- To provide technical assistance to the public and private agencies and agencies that require it, in the design, construction and operation of radioactive installations and, in its the case, in the procurement of such services; it shall also provide them to authorised bodies in the field of nuclear installations;
III.- Promote the national development of technology in the nuclear industry by performing and promoting innovation, transfer and adaptation of design technologies, manufacturing and building of components and equipment;
IV.- Conduct research and development activities related to applications and use of nuclear and radioactive materials for non-energy uses required by national development. In addition, it will promote the applications of radiations and radioisotopes in their various fields;
V.- Promote specific activities on research and development in nuclear science and technology, conduct research institutes and research institutions. higher education in the country, in line with the Institute's own outreach and project programmes;
VI.- Conduct training and updating programs on the uses and application of nuclear techniques that the country's development requires; as well as to agree with the institutions National higher education institutions are to be provided with specialised courses in nuclear science and technology;
VII.- Propose and agree with related institutions of the country and abroad or with international organizations, joint research projects and information exchange, prior to authorization of the Secretary of Energy;
VIII.- Maintain a documentation center, whose objectives are to capture, analyze, and disseminate information and development in nuclear matter;
IX.- Issue an opinion on the agreements on research and technological development in the field celebrated by the Energy Secretariat and, in general, advise the federal government, in all the queries referred to their object, and
X.- Perform other activities related to the above; those that are determined in applicable laws or provisions, their internal regulations and those that resolve, as to its object, its Board of Directors.
Article 44.- The Institute will have the following Organs:
I.- Board of Directors;
II.- General Address, and
III.- Surveillance Committee.
Article 45.- The Board of Directors shall be chaired by the Secretary of State appointed by the Secretary of Energy and shall be integrated with the Directors-General of the Federal Electricity Commission of the Council. National of Science and Technology and the National Polytechnic Institute, and the rectors of the National Autonomous University of Mexico and the Metropolitan Autonomous University, as well as two persons appointed by the aforementioned Secretary. An alternate shall be appointed by each counsellor.
The Board of Directors shall meet ordinarily, at least, once every three months; extraordinary meetings shall be held on as many occasions as necessary.
Article 46.- The Board of Directors is the Supreme Body and will have the following functions:
I.- Approve the Body's internal regulations;
II.- Dictate the general guidelines for the due performance of the Agency's functions;
III.- Review and, if applicable, authorize the annual and medium-and long-term work programs of the Entity;
IV.- Know and, if applicable, authorize the draft budget required for the execution of the corresponding programs;
V.- Approve to the Director General's proposal the appointment of the lower immediate hierarchy officers;
VI.- Monitor that the activities carried out by the Institute conform to the applicable legal, administrative and technical provisions, as well as to the programs and budgets approved;
VII.- Verify the correct application of economic resources and approve financial statements;
VIII.- Evaluate the administrative operation and results obtained by the Agency in relation to its own purposes and national, regional or sectoral objectives;
IX.- Authorize any act of acquisition and disposition of the real estate that integrates the estate, and
X.- Delegate in the Director General the privileges that you consider convenient for the best performance of the functions of the institute.
Article 47.- The Director General of the Agency shall be appointed by the Secretary of Energy and shall have the following functions:
I.- Represent the entity legally in all manner of authorities, public and private bodies and other persons in general, without any limitation, with the sum of powers general and special provisions requiring express clauses in accordance with the law, including to replace or delegate such representation and to grant general or special powers to carry out administrative acts in the field of employment, to delegate powers of legal representation so that on behalf of the body (a) appear to the hearings of conciliation, of demand and of exceptions and other proceedings in proceedings and of proceedings;
II.- Run and promote compliance with the agreements and resolutions of the Board of Directors;
III.- Propose to the Council appropriate measures for the best functioning of the Institute;
IV.- Formulate and submit to the Council the draft internal regulations and revenue and expenditure budgets;
V.- Formulate and submit to the Council the annual and medium-and long-term programs, in accordance with national planning policies, priorities and objectives;
VI.- Submit annually a report of the activities performed and the results obtained around the objectives defined in their programs;
VII.- Name and remove the public servants of the Agency, as well as contract the provision of services that are required, in accordance with the provisions in force, and propose to the Board of Directors appointments and removals of officials of the lower immediate level, and
VIII.- The others that are derived from the provisions applicable to the entities of the Public Administration ParaState and entrusted to it by the Board of Directors.
Article 48.- The Supervisory Committee will be responsible for monitoring compliance with approved programs and budgets, as well as for measures to be adopted for the efficient use of the administrative management and correct management of resources. For this purpose, the Commission may carry out the inspections and audits it deems necessary. This Committee shall submit a report to the Board of Directors each year, prior to the authorization of the programs corresponding to the following year, and at any time inform the Board of the irregularities that I will find, for the purpose of that the driver has the driver.
The committee will be composed of a representative of the institute, one by the Secretariat of Energy and one by the Secretariat of the Civil Service; the latter will have the coordination of the Committee and will be the pipeline to inform the Board of Directors about the results of the tasks they perform.
Article 49.- The patrimony of the National Institute of Nuclear Research is integrated with the goods it receives, the allocations it makes in its favor the Federal Government, the perceptions it obtains for the the provision of services related to its subject matter and, where appropriate, any income and contributions it receives in the terms of the applicable rules.
The National Nuclear Safety and Safeguards Commission
Article 50.- The National Nuclear Safety and Safeguards Commission is a deconcentrated organ dependent on the Energy Secretariat with the following powers
I.- To monitor the application of the nuclear safety standards, physics and safeguards for the operation of nuclear and radioactive installations to be carried out with maximum security for the inhabitants of the country;
II.- To monitor that in the territory of the United Mexican States compliance with the legal provisions and international treaties of which Mexico is a signatory, in matter for nuclear, radiological, physical and safeguards security;
III.- Review, evaluate and authorize the bases for the placement, design, construction, operation, modification, cessation of operations, definitive closure and dismantling of nuclear and radioactive installations, as well as all related to the manufacture, use, storage, reprocessing and transport of nuclear materials and fuels, radioactive materials and equipment containing them; Packaging, discharge and storage of waste radioactive, and any disposition that is made of them;
IV.- Issue opinion, prior to the authorization granted by the Secretary of Energy on the site, design, construction, operation, modification, cessation of operations, definitive closure and decommissioning of nuclear facilities.
V.- Exorder, revalidate, replenish, modify, suspend and revoke, the permits and licenses required for the radioactive installations according to the legal provisions, thus how to collect and withdraw the utensils, equipment, existing materials and, in general, any contaminated furniture, in such facilities;
VI.- Recommend and advise on nuclear, radiological, physical, safeguards and administrative security measures that proceed under anomalous or emergency conditions, in the case of nuclear and radioactive installations, as well as to determine and execute in such cases, where the retention, securing or deposition of sources of ionizing radiation or equipment containing them, or the closure, is technically advisable. partial or total, temporary or final, of the place where they are located or those other persons who have been affected, without prejudice to measures taken by other competent authorities;
VII.- Previously at the start of operations, review, evaluate, and authorize plans that for handling of anomalous or emergency conditions should be set up at the facility nuclear and radioactive;
VIII.- Establish and manage the national system for the registration and control of nuclear materials and fuels;
IX.- Issue opinion prior to the authorization of imports and exports of radioactive materials and equipment containing them, as well as nuclear materials and fuels, for the purposes of security, registration and control;
X.- Propose the rules, review, evaluate and, where appropriate, authorize the basis for design, construction, adaptation, preparation, operation, modification and cessation of operations of facilities for the extraction and treatment of radioactive minerals, as well as setting the criteria for interpretation of the rules referred to;
XI.- Propose the rules, and set the criteria for interpretation, relating to nuclear, radiological, physical and safeguards safety, as regards activities to This is the case for the previous section III, as well as proposing safety, registration and control criteria governing the import and export of nuclear materials and fuels;
XII.- Order and practice audits, inspections, verifications and acknowledgments to check compliance and compliance with legal provisions on security nuclear, radiological, physical and safeguards; as well as imposing the award measures and administrative sanctions that proceed in accordance with the provisions of this Law and its regulations;
XIII.- Require and verify the information and documentation that it deems relevant for the exercise of the privileges that this Law confers on it, in the terms of the provisions applicable;
XIV.- To intervene in the conclusion of the agreements or cooperation agreements to be made by the Secretariat of Energy with other national entities in the field of nuclear safety, radiological and physical, and of safeguards;
XV.- Set the requirements to be met by technical training programs on aspects related to nuclear, radiological and physical security, and safeguards, and advise on them;
XVI.- Auxiliary to the authorities responsible for the prevention, prosecution and administration of justice, in cases where nuclear materials and fuels or materials radioactive, are the subject of a crime, suffer loss or loss or become involved in incidents, as well as to the customs authorities in the terms of the respective Act;
XVII.- Order the relief of the public force when necessary to enforce its determinations, in the terms of Law, and
XVIII.- The others who are trusted in this Law and in the legal provisions in force.
The Federal Executive, through the holder of the Energy Secretariat , may also exercise the privileges contained in the previous fractions.
Article 51.- The National Nuclear Safety and Safeguards Commission will be in charge of a Director General, and will have a Council Consultative, as well as with the staff necessary to exercise the powers entrusted to it. The Director General shall be appointed and removed by the Secretary of Energy. To carry out such a charge, it is necessary to be Mexican by birth who does not acquire another nationality, to be in full enjoyment and exercise of his civil and political rights; greater than 30 years of age; to possess professional title, and to have an experience minimum of five years in the field.
Article 52.- The Advisory Council shall be chaired by the Secretary of Energy or by the public servant who for that purpose shall designate, and shall be integrated with a representative of the Secretaries Government, Foreign Relations, National Defense, Navy, Agriculture, Livestock, Rural Development, Fisheries and Food, Communications and Transportation, Environment and Natural Resources, Health, and Labor and Social Security.
They may also be part of the Advisory Council, with the agreement of the Secretary of Energy's Secretary of Energy representatives of other agencies and entities of the federal public administration, of the federal and of the the municipalities, as well as professionals of recognised nuclear capacity and expertise.
They may also be part of the Advisory Council, with the agreement of the Secretary of Energy, Mines and Industry Parastate, representatives of other Dependencies and Entities. of the Federal Public Administration, the Federative Entities and the Municipalities, as well as professionals of recognized capacity and experience in nuclear matters.
ARTICLE FIRST.- This Law shall enter into force on the day following its publication in the Official Journal of the Federation.
ARTICLE SECOND.- The Regulatory Law of Article 27 Constitutional on Nuclear Matters, published in the Official Journal of the Federation of 26 January 1979, is repealed.
ARTICLE THIRD.- The Ministry of Energy, Mines and Parastate Industry will relocate the workers of the National Atomic Energy Commission in the areas that, according to their experience, allow the best use of their skills, respecting their labour rights, in the terms of the applicable provisions. The Secretariat shall also determine the destination of the goods in the Commission.
ARTICLE FOURTH.- The Federal Executive, through the Secretariat of Programming and Budget and with the participation of the Secretaries of the Comptroller General Federation and Energy, Mines and ParaState Industry, will have the drive to implement the Mexican Uranium Liquidation Program, and will dictate the rules and guidelines that regulate it, including those relating to the use of destination of the goods. The winding-up process must be completed by 31 December 1985.
The labor rights of the Mexican uranium workers will be saved, in the terms of the provisions contained in the Federal Labor Law and the Collective Contract. corresponding.
At the proposal of the coordinating unit of the sector concerned, the Federal Executive will appoint the liquidator who will carry out this process, who will enjoy the powers of the inherent in their liability, which shall be entered in the designation document.
ARTICLE QUINTO.- Universities, institutes, research centers that possess nuclear fuels in property or lease, may conserve such fuels, provided that they comply with the rules of this Law and with the provisions that the Secretariat of Energy, Mines and ParaState Industry will issue. Such a Secretariat shall refrain from authorizing extensions to the above lease agreements or any act permitting the use or possession of nuclear fuels, except as provided for in this Law.
The Federal Government, in accordance with national development planning programs and policies, will provide the nuclear fuels required by the institutions cited for the realization of your projects.
ARTICLE SIXTH.- The Federal Executive may authorize the Federal Electricity Commission to temporarily carry out some of the activities included in fractions IV and V of Article 18 of this Ordinance, while the Secretariat to which the precept refers is in the possibility of carrying out the same.
Mexico, D. F., December 27, 1984.- Enrique Soto Izquierdo, D. P.- Celso Humberto Delgado Ramírez, S. P.- Angelica Paulin Posada, D. S.- Rafael Armando Herrera Morales, S. S.-Rubicas.
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States and for their proper publication and observance, I hereby exempt the present Decree at the residence of the Federal Executive Branch at the twenty-eight days of December of a thousand nine hundred and eighty-four.- Miguel de la Madrid H.-Rubrica.-The Secretary of the Interior, Manuel Bartlett D. External Relations, Bernardo Sepulveda Love.-Heading.- Secretary of National Defense, Juan Arevalo Gardoqui.-Heading.-The Secretary of the Navy, Miguel Ángel Gómez Ortega.-Heading.-The Secretary of Finance and Public Credit, Jesus Silva Herzog Flores.-Heading.-The Secretary of Programming and Budget, Carlos Salinas de Gortari.-Heading.-The Secretary of the Comptroller General of the Federation, Francisco Rojas Gutiérrez.-Heading.-The Secretary of Energy, Mines and Industry Parastate, Francisco Labastida Ochoa.-Heading.-The Secretary of Commerce and Industrial Development, Héctor Hernández Cervantes.-Heading.-The Secretary of Agriculture and Water Resources, Eduardo Pesqueira Olea.-Heading.-The Secretary of Communications and Transport, Daniel Díaz Díaz.-Heading.-The Secretary of Development Urban and Ecology, Marcelo Javelly Girard.-Heading.-The Secretary of Public Education, Jesus Reyes Heroles.-Heading.-The Secretary of Health and Assistance, Guillermo Soberon Acevedo.-Heading.-The Secretary of Labor and Social Forecast, Arsenio Farell Cubillas.-Heading.