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Law No. 61 Of 30 October 1974 Concerning Nuclear Activities From The Socialist Republic Of Romania

Original Language Title:  LEGE nr. 61 din 30 octombrie 1974 cu privire la desfăşurarea activităţilor în domeniul nuclear din Republica Socialistă România

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LEGE No. 61 of October 30, 1974 on the pursuit of nuclear activities in the Socialist Republic of Romania
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN NO. 136 of 2 November 1974



+ Chapter 1 General provisions + Article 1 In the Socialist Republic of Romania the entire activity in the nuclear field is carried out in accordance with the requirements of the construction of the developed multilateral socialist society, in order to permanently raise the material and spiritual standard of living the people, the economic and social-cultural progress of the country. + Article 2 The state promotes the use of nuclear energy for peaceful purposes, the introduction and development of nuclear techniques in economics and social life, the development of scientific research, the industrialization of its results, and collaboration international in this field, ensuring, for this purpose, the necessary material and human means. + Article 3 The Romanian state, constantly taking care of man and material goods, pays special attention to the application and improvement of the ensemble of measures intended to ensure the conduct of nuclear activities, under the security conditions nuclear. + Article 4 In the Socialist Republic of Romania, nuclear activities are carried out on the basis of the national nuclear program and the single national economic and social development plan. + Article 5 In the Socialist Republic Romania the conduct of nuclear activities is carried out under the guidance and control of the state and is subject to the authorization regime in the cases and under the conditions provided by this law + Article 6 The provisions of this law are subject to the nuclear activities that include: a) scientific research, elaboration and application of nuclear techniques in economy and social life; b) prospecting, exploration, exploitation, production, use, transport and storage of radioactive materials and materials of nuclear interest; c) the design of nuclear installations; d) the construction, experimentation and operation of nuclear installations, as well as changes or their capital repairs; e) supply, disposal, possession, transfer, transit, import and export of radioactive materials and nuclear installations, as well as materials of nuclear interest; f) evidence and control of radioactive materials and nuclear installations, as well as of materials of nuclear interest, located on the territory of the Socialist Republic of Romania; g) preparation and specialization of frameworks; h) international relations and cooperation. + Article 7 The central body of the state administration that ensures the achievement of the party's policy and the state in the nuclear field is the State Committee on Nuclear Energy. In carrying out its duties, the State Nuclear Energy Committee is working with the ministries and other central bodies of the state administration. + Article 8 The ministries and other central bodies of the state administration, taking into account the progress of science and the needs of the national economy, are obliged to take, each in its branch or field of activity, measures for the use of nuclear energy, the introduction and development of nuclear techniques, as well as measures to ensure the conditions for these activities. + Article 9 For the purposes of this Law, the following a) nuclear raw material-uranium or thorium or any combination thereof, in any physical or chemical form; deposits containing at least 0,03% by weight of uranium, thorium or any combination thereof; special; b) special fissile material-plutonium, uranium-233, uranium enriched in the isotope 233 or in isotope 235; any artificially enriched material with any of the above isotopes; not including nuclear material; c) radioactive material-any material, in any state of aggregation, showing the phenomenon of radioactivity, including radioactive waste; d) materials of nuclear interest-other materials which, due to specific nuclear properties, are of particular interest to the nuclear field, established by decisions of the Council of Ministers; e) nuclear radiation-any of the following radiation: alpha, beta, gamma, x, laser, neutrons, electrons and protons of high energy or other atomic particles; no radio waves, visible, infrared and ultraviolet radiation; f) nuclear installation-nuclear radiation generators; the plant, apparatus or device that extracts, manufactures, processes or generally contains radioactive materials; g) nuclear accident-nuclear event that affects the installation and causes irradiation or contamination of the population or environment, beyond the limits allowed by the rules in force; h) nuclear safety-the set of technical and organisational measures intended to ensure the safe operation of nuclear facilities, to prevent and limit their deterioration and to ensure the protection of occupied personnel professional, population, environment and material goods against radiation or radioactive contamination; i) evidence of radioactive material and of nuclear interest-the whole of measures taken within the framework of the national system of record and control of radioactive materials, of nuclear interest, as well as of nuclear installations which contain them, in order to obtain information on their quality, quantity and movement. + Chapter 2 Authorisation in the nuclear field + Article 10 Activities referred to in art. 6 lit. a), b), d) and e) may only be carried out on the basis of an authorization issued by the State Nuclear Energy Committee for this purpose. The authorization shall be issued at the request of the units carrying out nuclear activities from those provided for in the previous paragraph, if the provisions of the norms that envisage ensuring the security of installations and the protection professional occupying personnel, the population, the environment and the material goods against nuclear radiation. Authorization shall be issued only for legal persons. + Article 11 Activities involving the use of radioactive materials and nuclear installations may be exercised, on the basis of a permit, by staff meeting the conditions of professional training and health status corresponding to the deployment. these activities. The permit to exercise these activities shall be granted by the State Nuclear Energy Committee, at the request of the authorization holders, if the nuclear activities may affect the security of the facilities, the protection of the personnel carrying out these activities, population, environment and material goods and authorization holders, in the other cases, in accordance with the rules developed by the State Nuclear Energy Committee for this purpose. + Article 12 The authorisations provided for in art. 10 and the permits provided for in art. 11 11 shall be issued for a specified period. The right of interest on their basis cannot be transmitted without the consent of the issuing body. + Article 13 The authorisations provided for in art. 10 and the permits provided for in art. 11 may be suspended or withdrawn by the issuing body, on its own initiative or upon referral to the control bodies, if: a) the provisions contained therein are not complied with; b) the measures ordered by the specialized control bodies are not fulfilled, according to the rules in force; c) new situations arise from a technical or other point of view, unknown to the issuance of authorization or permit, or unforeseen in norms, which may affect nuclear security. + Article 14 Introduction into the economic and social circuit, with a view to the use or consumption by the population, of products that have undergone irradiation or in which radioactive materials have been introduced, as well as the use for diagnosis and treatment medical radionuclides, radiation sources and pharmaceutical products containing radioactive materials, shall be authorized by the Ministry of Health, which shall develop rules for this purpose. The application for authorization shall be made by the state socialist unit in which the activities provided for in this article are carried out. + Article 15 Authorization in the nuclear field provided in art. 10 does not exclude the other authorizations provided by law. + Chapter 3 Obligations of authorisation holders and natural persons carrying out nuclear activities + Article 16 Holders of authorizations shall be obliged: a) ensure that the nuclear activities they carry out are carried out in compliance with the legal norms and standards in force; b) to aim at all phases of conception and realization of nuclear installations to be provided and applied measures on nuclear safety, protection of personnel, population, environment and material goods, as well as keeping track of radioactive material and of nuclear interest, for the installations it is intended to operate; c) to keep, for the entire duration of the authorization, a strict record of the radioactive materials and materials of nuclear interest they hold, to insure them against degradation, accidental spread, loss or absconding and to periodically communicate to the State Nuclear Energy Committee their situation under the conditions attached to it; in the event of loss or absconding, the authorization holder shall immediately notify the State Committee for Nuclear Energy and the organ of militia on whose territorial area the loss or evading of materials occurred radioactive or nuclear-related material; d) to immediately notify the superior hierarchical body and the executive committee of the county folk council or of the city of Bucharest, whose territorial area operates, on the nuclear accident that took place at its own facility and participate in the location and removal of the consequences caused by the accident, in accordance with the intervention plan developed according to the law. + Article 17 The radioactive material consignor is obliged to provide the appropriate conservation and packaging in accordance with the provisions of the transport rules and to collect, in advance, the carrier and the recipient of the specific properties of radioactive materials dispatched, on the dangers posed to them for the environment and the population, as well as transport conditions, according to the legal provisions. + Article 18 The management of the stations in the network of surveillance of the environmental radioactivity are obliged, whenever they find exceeding the level of radioactivity established by norms, to notify the superior hierarchical body and the executive committee of the popular council of the county or of the city of Bucharest, on whose territorial area it operates, which will take, immediately, the necessary measures. + Article 19 In order to preserve the quality of the environment, the holders of authorizations are obliged to take measures such as the radioactivity of effluents of any kind, resulting from the nuclear activities they carry out, to be as low as possible and to ensure compliance with the rules developed for this purpose + Article 20 The units that in their activity extract or process useful mineral substances, which in the field are associated with nuclear raw materials or in the processing technological flow are likely to become radioactive, will take measures to verify products that they obtain to ascertain whether they present a concentration of radioactive substances or a radioactivity which, at any given time, exceeds the limits allowed by the rules. If these products show concentrations of radioactive substances or radioactivity beyond the limits laid down by the rules, the activities resulting from these products shall be subject to the authorisation regime in the nuclear field. + Article 21 Holders of authorisations, as well as individuals who have been entrusted with radioactive materials and nuclear installations, do not have the right to use them for other purposes or to carry out with them other operations than those established for the fulfilment of service obligations related to authorised activities. + Chapter 4 Control of nuclear activities + Article 22 The control of nuclear activities, which takes place on the territory of the Socialist Republic of Romania, is carried out by the State Committee on Nuclear Energy, by ministries and other state bodies which, according to the present law, have duties for this purpose. + Article 23 The State Nuclear Energy Committee mainly controls: a) the fulfilment of the provisions of the national nuclear program and of certain provisions of the single national economic and social development plan on nuclear activities, physics in general and in the fields related to nuclear energy; b) efficient use of scientific research potential related to nuclear field, physics in general and related fields of nuclear energy and application of scientific research results in production; c) elaboration and application of nuclear techniques in industry, agriculture, biology, medicine and other sectors of activity; d) ensuring the basis of nuclear raw materials necessary for the implementation of the national programme and the rational use of radioactive materials and those of nuclear interest; e) the experimentation and exploitation of nuclear installations, as well as modifications thereof; f) ensuring and enforcing technical measures for the security of radioactive materials and nuclear installations; g) the technical and economic fundamentation of nuclear investments; h) evidence of radioactive materials and nuclear installations, as well as materials of nuclear interest, located on the territory of the Socialist Republic of Romania; i) import, export and transit of radioactive materials and nuclear installations, as well as materials of nuclear interest; j) preparation, specialization and improvement of the necessary frameworks for nuclear field. In carrying out the control, the State Nuclear Energy Committee is working with ministries and other central organs. The State Committee on Nuclear Energy informs the Council of Ministers on the main issues resulting from this control. + Article 24 The Ministry of Health, through its specialized bodies, mainly controls: a) the way in which measures are ensured to determine the radioactivity of goods intended for use or public consumption, which in the technological process have undergone irradiation or contain radioactive substances, as well as goods intended for the population, which during operation or use generates ionising radiation; b) the degree of contamination of radioactive effluents discharged into the emissary or into the atmosphere; c) the degree of radioactive contamination of food products on the entire food circuit and drinking water sources; d) the health status of the professionally exposed personnel. + Article 25 The National Water Council controls how to supervise the radioactivity of the environment. + Article 26 The nuclear activity control bodies set out in the Annex forming an integral part of this Law shall have access, according to the law, to all places where nuclear activities are carried out, and may be accompanied, if the needs are impose, on experts and delegated specialists for this purpose. + Article 27 Organizations that carry out nuclear activities are obliged to present the documents, data and information in relation to the nuclear activities they carry out, required by the control bodies; they are also obliged to designate the appropriate personnel to assist in carrying out the control, to give the necessary clarifications and to comply with the specialized indications given by the control bodies, in accordance with the legal norms. + Article 28 The control bodies of nuclear activities are obliged, in cases when they find the situations provided for in art. 13, to propose to the issuing body to suspend or withdraw the authorization or permits issued. The control bodies may order the temporary suspension of the activity if the continuation of the activity can affect the security of the personnel, the population, the environment and the material goods. + Article 29 The control of nuclear nuclear activities provided for in this Chapter shall not preclude any other control provided for by law + Chapter 5 Supervision of the health status of professional exposed personnel in nuclear, population and environment + Article 30 The Ministry of Health ensures the supervision of the health of the professionally exposed personnel, the hygiene conditions in the nuclear activities and the influence of nuclear activities on the health of the population, food products on the entire food circuit and drinking water sources. + Article 31 The National Water Council ensures the activity of surveillance of environmental radioactivity throughout the territory of the Socialist Republic of Romania, through a network of stations, which is organized with the opinion of the State Committee for Energy Nuclear, Ministry of National Defence, Ministry of Health and National Council for Environmental Protection. + Article 32 The Ministry of Health and the National Water Council inform, quarterly and whenever necessary, the State Nuclear Energy Committee and the Ministry of National Defence on those found in the surveillance activity exercised in compliance with art. 30 30 and art. 31 and collaborate with them in order to establish the necessary measures. + Chapter 6 Civil liability for nuclear damage + Article 33 The holder of the authorization shall be responsible exclusively, independently of his fault, for the damage caused by a nuclear accident in his installation or in the course of a transport made available to him, an accident that resulted in his death, injury. the bodily integrity or health of any person, destruction, degradation or temporary impossibility of using any good. + Article 34 The damage caused by a nuclear accident together with a nuclear accident, in so far as they cannot be separated, is considered wholly caused by a nuclear accident. + Article 35 If the nuclear damage engages the liability of several authorisation holders, they shall respond proportionately each to the extent that they have contributed to the production of the nuclear damage. If the extent to which each has contributed to causing the damage cannot be determined, the compensation shall be borne in equal parts. + Article 36 The authorisation holder shall not be responsible for the damage caused by a nuclear accident if it is the direct result of acts of armed conflict or calamities of a catastrophic nature. + Article 37 The maximum amount of liability of the holder of authorization carrying out nuclear activities that can produce a nuclear accident is 80 million lei for each accident. The Council of Ministers shall determine, at the proposal of the Ministries or other central bodies of the State Administration under which the holder of the authorization is located, with the opinion of the State Nuclear Energy Committee, the maximum amount of liability, within the limits set out in the preceding paragraph, for each authorisation holder. In this amount, the interest and costs shall not be included. The holder of the authorization shall be obliged to conclude and maintain a liability insurance or to secure any other financial guarantee to guarantee the ceiling established according to this article. + Article 38 The right to action in repairing the damage caused by a nuclear accident, according to this law, is prescribed by the fulfillment of a 10-year term. The time limit for prescribing shall begin from the date on which the victim of the nuclear damage had or could have been aware of such damage and the holder of the authorization responsible. The victim who has obtained an indemnity under this chapter may make a new claim if there has been a worsening of the damage within or after the expiry of the period laid down in the preceding paragraph. + Chapter 7 Sanctions + Article 39 The violation of the provisions of this law attracts material, disciplinary, administrative, criminal or civil liability, as appropriate. + Article 40 It constitutes contraventions, if they were not enjoyed under such conditions, according to the law, they are considered crimes, the following facts: a) introduction into the economic and social circuit for the use or consumption by the population of products that have undergone irradiation or in which radioactive materials have been introduced, as well as the use for diagnosis and treatment medical radionuclides, radiation sources and pharmaceutical products containing radioactive material, without the authorization provided for in art. 14 14; b) non-announcement, immediately, of the superior hierarchical body, of the executive committee of the county folk council or, as the case may be, of the city of Bucharest, on whose territorial area the installation operates, on the nuclear accident, according to art 16 lit. d); c) failure to take measures to verify the concentration of radioactive substances or the level of radioactivity of products, according to art. 20 20; d) the use of radioactive materials or nuclear installations entrusted, for other purposes or for operations other than those established for the performance of duties; e) the exercise of nuclear activities without a permit issued by the bodies referred to in art. 11. The contraventions provided in lett. a), b) and c) are sanctioned with a fine of 2,000 to 3,000 lei, and the contraventions of lit. d) and e) is sanctioned with a fine of 1.00 to 2,000 lei. + Article 41 The contraventions provided in art. 40 lit. a) it is found and the fine applies by the authorized control bodies of the Ministry of Health, and those provided in lett. b), c), d) and e), by the authorized control bodies of the State Committee for Nuclear Energy. + Article 42 Against the minutes of finding the contravention you can make the complaint within 15 days from the date of its communication; the complaint, accompanied by the copy of the minutes, shall be submitted to the body to which the ascertaining agent belongs, who forward to the judge in whose territorial area the contravention was enjoyed, for resolution. + Article 43 Provisions art. 40, 41 and 42 are completed with the provisions of Law no. 32/1968 establishing and sanctioning contraventions. + Article 44 Processing, manufacture, possession, transport, use or any operation on the movement of radioactive materials, without right, is punishable according to art. 280 of the Criminal Code. + Article 45 The exercise without right of a nuclear activity, for which this law requires authorization, or its exercise under conditions other than legal ones, is sanctioned according to the criminal law. + Chapter 8 Final provisions + Article 46 Depending on the size of the risk posed by nuclear activities for personnel in the units carrying out these activities and for the reduction of the harmful effects of nuclear radiation and the restoration of work capacity, staff carrying out nuclear activities can benefit, in a differentiated way, by category of employment, by increase in tariff retribution, reduced work hours, additional rest leave, in groups I and II of work in order to grant the pension for the age limit or invalidity pension, equipment protection, antidote and sanatorial cure, according to the law. Employment in the categories referred to in the preceding paragraph shall be determined by the ministries and other central bodies concerned, the opinion of the State Committee on Nuclear Energy and the Ministry of Labour. + Article 47 The State Committee on Nuclear Energy, the Ministry of Health and the National Water Council will issue rules on ensuring the safety of nuclear facilities, the protection of professional occupied personnel, the population, the environment and material goods, against nuclear radiation, as well as the rules on the record and preservation of nuclear materials and installations and materials of nuclear interest. The norms stipulated in the previous paragraph are republican norms. + Article 48 Parts of nuclear installations which by their specificity are subject to special rules and have their functions, such as lifting installations, pressure installations, gas installations or the like, shall continue to be subject to the following conditions: the control and authorization regime provided for by the legal provisions in force for this kind of installations. + Article 49 This law comes into force 90 days after its publication in the Official Bulletin of the Socialist Republic of Romania. + Annex 1 Control bodies of nuclear activity 1. State Inspection for the Control of Nuclear Activities of the State Nuclear Energy Committee. 2. The county sanitary-anti-epidemic centers and the city of Bucharest. 3. Institutes of hygiene and public health in Bucharest, Cluj, Iasi and the Center for Hygiene and Public Health in Timisoara. 4. State Water Inspection of the National Water Council. ---------------