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Decision of 3 October 2002 laying down rules for the detection of radioactive contaminated scrap (Decision detection of radioactive scrap of scrap)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister for Housing, Spatial Planning and the Environment of 28 December 2001, No MJZ2001144238, made on behalf of Our Minister for Economic Affairs and the Secretary of State for Social Affairs and Employment, J. F. Hoogervorst;
Having regard to the Articles 21, 1st paragraph , and 32, First Member, of the Nuclear Energy Act ;
The Council of State heard (opinion of 18 April 2002, No W08.02.0014/V);
Having regard to the further report of the Secretary of State for Housing, Spatial Planning and the Environment of 19 September 2002, No MJZ2002078061, released on behalf of Our Minister for Economic Affairs and the Secretary of State for Social Affairs and Employment, Mr Rutte;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
Detection equipment : equipment, which measures ionising radiation;
Establishment : Establishment as designated in the Environmental Law Decision ;
turnover: scrap amount taken within the establishment;
Our Minister : Our Minister of Economic Affairs, Agriculture and Innovation;
Radioactive scrap : scrap for the holding of which a licence is required under the articles 15 or 29 of the Nuclear Energy Act , then it's under Article 34 of that Act Certain or the holding of which has to be notified pursuant to the provisions of the Articles 21 , 32 or 34 of that Act .
1 This Decision shall apply to establishments in which stainless steel scrap, aluminium scrap or iron scrap is stored, processed, processed or skipped.
2 By way of derogation from the first paragraph, this Decision shall not apply:
a. Establishments whose turnover is less than the following calendar year:
1. 500 tonnes of stainless steel scrap,
2. 1000 tonnes of aluminium scrap; or
3. 20 000 tonnes of iron scrap,
except that for those establishments which have already had a turnover of scrap for at least two full calendar years, the average turnover for the last two calendar years shall be determined;
b. On establishments, where stainless steel scrap, aluminium scrap or iron scrap is skipped in containers which have been closed on entry into the establishment and are not opened during their presence within the device.
3 By way of derogation from the second paragraph, introductory wording and point (a), the Articles 7 to 9 applicable to establishments which have been subject to this decision pursuant to the said item part earlier, until the evidence provided for in this Decision is complied with Article 8, third paragraph .
The person who drives the device shall immediately measure the ionising radiation of the scrap which is placed inside the establishment.
1 A measurement as referred to in Article 3 be carried out by means of a gate detector or measuring equipment attached to a gripping grin.
2 Our Minister and Our Minister of Social Affairs and Employment may lay down rules relating to the detection equipment mentioned in paragraph 1, the manner in which and the conditions under which the measurements are made.
1 The person who drives the device shall keep a record of the measurements provided for in Article 3 .
2 Our Minister may lay down rules relating to the records to be recorded, how the results of measurements are recorded and the period of time for which the data is kept.
1 The person driving the device shall ensure that the measurements are made: Article 3 , and registration of the data referred to in Article 5 , are carried out by, or under the supervision of, a person designated for that purpose in writing, which shall comply with the requirements of the second paragraph.
2 Our Minister and Our Minister of Social Affairs and Employment may lay down rules on skills and competences to which a person as referred to in the first paragraph must meet.
1 The person who drives the establishment shall provide financial security to cover the costs arising from the disposal of scrap-contaminated scrap which he holds in the establishment.
2 The financial security shall be in one or more of the following forms:
a. a bail or a bank guarantee,
(b) the conclusion of an insurance contract;
(c) participating in a fund set up for that purpose;
d. any other provision whereby the financial security in the opinion of our Minister provides sufficient assurance that the costs referred to in paragraph 1 are covered.
3 The financial security is at a minimum of € 110 000,-.
4 If the costs incurred as a result of the disposal of radioactive scrap referred to in paragraph 1 can reasonably be expected to differ significantly from the amount specified in the third paragraph, our Minister may Require a higher or lower amount for financial security.
5 The financial security shall be lodged for the benefit of the State of the Netherlands.
1 The financial security shall be maintained until the person driving the establishment has terminated the storage, processing, processing, processing or skipping of scrap in the establishment or is no longer in compliance with Article 2, second paragraph, point (a) , and demonstrably no radioactive scrap of scrap is present within the facility.
2 The person who drives the device shall inform our Minister without delay:
a. the termination of the activities referred to in the first paragraph; and
b. a turnover decrease which is no longer met Article 2 (a) (a) .
In the cases referred to in paragraph 2, the person driving the establishment shall provide documentary evidence of the absence of any radioactive scrap from inside the establishment.
1 The person who drives the establishment shall provide written evidence to our Minister that financial security has been lodged:
a. Within 6 months from the date of entry into force of this Decision;
b. Within four weeks after the establishment has been transferred by another to him.
2 The person who drives the establishment shall make any change in respect of the financial security lodged to our Minister in writing no later than four weeks after that amendment.
3 Our Minister may provide that the written evidence fulfils the conditions laid down in the procedure.
This Decision shall enter into force on a date to be determined by Royal Decree.
This decision is referred to as: Decision detection of radioactive scrap of contaminated scrap.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 3 October 2002
Beatrix
The Secretary of State for Housing, Spatial Planning and the Environment,
P. L. B. A. van Geel
The Minister for Economic Affairs,
H. Ph. J. B. Heinsbroek
The Secretary of State for Social Affairs and Employment,
Mr Rutte
Published the 28th of November 2002The Minister of Justice,
J. P. H. Donner
