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Regulations Concerning The Possession, Sale And Transport Of Nuclear Material And Multi-Purpose Products

Original Language Title: Forskrift om besittelse, omsetning og transport av nukleært materiale og flerbruksvarer

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Regulations concerning the possession, sale and transport of nuclear material and multi-purpose products.


Date FOR 2000-05-12-433


Ministry of Health and Care Services


Published In 2000 988


Commencement 05/12/2000

Edited
FOR 2005-02-18-167

Changes


For
Norway

Legal

LOV-1972-05-12-28-§5, LOV-1972-05-12-28-section 6, LOV-1972-05-12-28-L-51

Promulgated


Short Title
Regulations on nuclear material mm

Chapter Overview:

Chapter I. Introductory provisions (§§ 1-2)
Chapter II. Permission (§3)
Chapter III. Notification requirements (§§ 4-5)
Chapter IV. Control of inventory of nuclear material and multi-purpose products (§§ 6-7)
Chapter V. Inspection and Safety (§§ 8-10)
Chapter VI. Export of nuclear material and multi-purpose products (§§ 11-12)
Chapter VII. Administrative provisions (§§ 13-17)

Stipulated by Royal Decree. 12 May 2000 pursuant to the Act of 12 May 1972. 28 Nuclear Energy business § 5, § 6 and § 51. Promoted by the Social Affairs and Health. Amended 21 Dec 2001 no. 1484, February 18, 2005 No.. 167.

Chapter I. Introductory provisions

§ 1 (Scope) This Regulation regulates the possession, sale and transport of nuclear material and multi-purpose products. Radioactive waste is not covered by this regulation.

§ 2 (Definitions) In these regulations

A)

Nuclear material, plutonium, enriched uranium, natural uranium, depleted uranium isotope uranium-233 and thorium, and any material containing one or more of these substances. Plutonium with more than 80% plutonium-238 are also considered nuclear material if it is not implanted in patients as part of medical treatment. Ores are not considered nuclear material.

B)

Multipurpose replies, equipment and non-nuclear material used in the manufacture, processing and use of nuclear material, as defined in Annex II of the Additional Protocol to the Norwegian agreement on security with the International Atomic Energy Agency.

C)

Enriched uranium: uranium whose content of the isotope uranium-235 is higher than in natural uranium.

D)

Natural uranium: uranium whose content of the isotope uranium-235 is such uranium found in nature (approximately 0.72%).

E)

Depleted uranium: uranium whose content of the isotope uranium-235 is less than in natural uranium.

F)

Possess: manufacture, possess, store, process or otherwise hold or positioning.

G)

Reacting: import, sell, donate, purchase or export.

H)

Safeguards: the control and the orders that foreign states or international organizations have contractually entitled to ensure that nuclear material and multi-purpose products under Norwegian jurisdiction only for peaceful and non-explosive purposes.

I)

Internal security: the measures and the controls carried out on the Norwegian side to enable and facilitate the security check.

J)

Control body: Norwegian Radiation Protection Authority or the institusjon1 as NRPA appoints for carrying out internal security.

K)

Holder: a natural or legal person who possesses or sells nuclear material and multi-purpose products.

L)

Non-nuclear purposes: use in activities not covered by the Atomic Energy Act.

Chapter II. permission

§ 3. (for a permit for possession, sale and transport of nuclear material)
1.
Without permission of the Ministry of Health must not possess, sell or transport nuclear material. This does not apply to the possession, sale or transportation of natural uranium, depleted uranium or thorium for non-nuclear purposes. Permission is not required to the extent that operations are subject to licensing by Atomic Energy Act § 4 Permission granted under the conditions deemed necessary for reasons of safety and other public interests.

2.
Based on the assessment body statement suspends NRPA opposite the Ministry of Health as to whether a permit should be granted or not.

3.
Application for a license to possess, sell or transport nuclear material sent to the Norwegian Radiation Protection Authority.

4.
The sender and recipient of nuclear material shall on sale and transport of the material promptly to the supervisory organ written notification type material, purpose, sender's and recipient's name and address, receipt and dispatch and exact weight of the material.

Chapter III. Notification requirements


§ 4. (notification requirement for natural uranium, depleted uranium and thorium) To possess or sell natural uranium, depleted uranium or thorium for non-nuclear purposes, the notification requirement. Notification shall be promptly granted by the sender and receiver to control body by the reaction of the material, as well as at every crossing of borders. The notification shall contain information about the type of material, purpose, avsenders- and recipient name and address, receipt and dispatch and weight in grams. Balance Weights aircraft and fixed ballast in vessels are exempt from notification.

§ 5. (notification requirement for multi-purpose products) To possess or sell multi-purpose products applies to notification. Notification shall be promptly granted by the sender and receiver to control body by the reaction of the goods, as well as at every crossing of borders. The notification shall contain information about the type of goods, purpose, avsenders- and recipient's name and address and receive and dispatch.

Chapter IV. Control of inventory of nuclear material and multi-purpose products

§ 6. (statutory obligation) The holder shall keep a record of the inventory of nuclear material. The person shall each year by a given date conduct an inventory of holdings. For each type of material shall be for each storage and use location specified item weights in grams. For uranium-233, uranium-235 and plutonium shall weights expressed in tenths of grams. After counting shall inventory task and material balance promptly sent body. The accounts shall be kept by the Accounting Act for general accounts.

§ 7. (duty to report the loss of nuclear material and multi-purpose products) inspection body shall be notified immediately by the loss of nuclear material and multi-purpose products that are not due to normal operating conditions.

Chapter V. Inspection and Safety

§ 8. (inspection access)
1.
Inspectors from body shall, alone or accompanied by foreign inspectors, 1 have access to the places where nuclear material or multi-purpose products are stored or used, or have been stored or used. Inspectors have the right to all information which are deemed necessary for effective control. They will also carry out necessary control measures, including measurements and sampling. Inspectors are subject to secrecy pursuant to the Atomic Energy Act § 53.

2.
The inspection body shall make the inspectors on hand to accompany foreign inspectors, so that they will not be delayed or otherwise hampered in carrying out their functions.

§ 9. (costs of security) is the holder who shall bear any additional costs internally in the company resulting from the internal security control. Specific control measures that will lead to substantial additional costs for the holder, for example due to temporary production stops, shall not be implemented until the Norwegian Radiation Protection has approved the measure.

§ 10 (contact) The holder shall designate a responsible person for nuclear material and multi-purpose products. This shall be notified body contact at the holder.

Chapter VI. Export of nuclear material and multi-purpose products

§ 11. (message body) Exports is not permitted unless this is specifically stated in løyvet.1 Holder shall promptly notify the kontrollorganet2 after dispatch of the material.

§ 12. (permission from Ministry of Foreign Affairs) Nuclear material and multi-purpose products may not be exported without permission from Utenriksdepartementet.1 the export of nuclear material and multi-purpose products, the approved export license require that the exporter reports to the Ministry of established form with descriptions of the exported the goods, weight / quantity, name and address of the retail and date of exportation. Valid export permit from the Ministry of Foreign Affairs must be presented to Customs upon export.

Chapter VII. Administrative provisions

§ 13 (processing of applications for permission)
1.
NRPA collect notified body opinion on applications for licenses to possess, sell and transport of nuclear material.

2.
Based on the assessment body statement suspends NRPA opposite the Ministry of Health as to whether a permit should be granted or not.

3.
Ministry decision notified body so that it can implement the measures necessary to effectuate the security checkpoint.


§ 14. (content of applications for permits) Applications for licenses to possess, sell and transport the nuclear material shall contain documented information about ownership, liability, amount and type of material, any measures of physical protection1 and object of possession or turnover of nuclear material. Applicants must accept the conditions imposed by the supervisory organ for the implementation of internal sikkerhetskontroll.2

§ 15 (contents of application for a permit for transit transport) Applications for permits for transit transportation of nuclear material must contain documented information about the sender, recipient, carrier, vessel flag, quantity and type of material and any measures for the physical protection of materialet.1 Liability under the Atomic Energy Act § 35 shall also be documented where necessary.

§ 16 (penalty) Any person who willfully or negligently violates the provisions of these regulations is punishable by fines or imprisonment not exceeding one year or both. Complicity is punishable in the same way.

§ 17 (effective) regulations come into force immediately.