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

Read the untranslated law here: https://www.global-regulation.com/law/romania/3069852/-lege-nr.-61-din-30-octombrie-1974-cu-privire-la-desfurarea-activitilor-n-domeniul-nuclear-din-republica-socialist-romnia.html

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LAW No. 61 of 30 October 1974 concerning nuclear activities from the Socialist Republic of Romania ISSUING NATIONAL ASSEMBLY and published in OFFICIAL GAZETTE No. 136 of 2 November 1974 Chapter 1 General provisions Article 1 In the Socialist Republic of Romania the whole nuclear activity is conducted in accordance with the requirements of the construction of socialist society, with the aim of multilateral developed Permanent lifting of living standards of the people in material and spiritual, of economic progress and social-cultural country.


Article 2 the State promotes the use of nuclear energy for peaceful purposes, the introduction and development of nuclear techniques in the economy and in social life, scientific research, development and industrialization of its results, as well as international collaboration in this field, thanks to that end, the necessary material and human means.


Article 3 the State, given the permanent concern for man and material possessions, pay particular attention to implementation and improvement of measures intended to ensure the conduct of activities in the nuclear field, in conditions of nuclear safety.


Article 4 In the Socialist Republic of Romania, the activities in the field of nuclear energy is conducted on the basis of national nuclear program and plan unique national economic and social development.


Article 5 In the Socialist Republic of Romania nuclear activities are carried out under the direction and control of the State and shall be subject to the authorisation procedure in the cases and under the conditions laid down in this law.


Article 6 the provisions of this law are subject to nuclear activities which include: a) scientific research, development and application of nuclear techniques in the economy and in social life;
  

b) prospecting, exploration, exploitation, production, use, transport and storage of radioactive material and nuclear material of interest;
  

c) design of nuclear installations;
  

d) building, experimenting and operation of nuclear installations, as well as modification or repair thereof;
  

e) supply, disposal, holding, transfer, transit, import and export of radioactive materials and nuclear facilities and nuclear material of interest;
  

f) record of and control of radioactive material and nuclear installations and nuclear materials of interest, located on the territory of the Socialist Republic of Romania;
  

g) preparation and specialization of teacher education;
  

h) international relations and cooperarile.
  


Article 7 the central body of State administration which ensures the realization of the party and rule policy in the nuclear field is the State Committee for nuclear energy.
In carrying out its duties, the State Committee for nuclear energy collaborates with ministries and other central bodies of State administration.


Article 8 Ministries and other central bodies of State administration, taking into account the progress of science and the needs of the national economy, are obliged to take, each in its field or branch of activity, measures for the introduction of the use of nuclear energy, and nuclear development, as well as measures to ensure the conditions for the conduct of these activities.


Article 9 for the purposes of the present law shall mean: a) raw material uranium-thorium nuclear times or any combination thereof, in any physical or chemical form; deposits containing at least 0.03% by weight uranium, thorium or any combination thereof; This does not include special fissile materials;
  

(b) special fissionable material-) plutonium, uranium-233, uranium enriched in the isotope 235 or 233 isotope; any material artificially enriched with any isotopes listed above; do not include nuclear raw materials;
  

c) radioactive material means any material, in any State, showing the phenomenon of radioactivity, including radioactive waste;
  

(d) nuclear material of interest)-other materials which, because of the specific nuclear properties are of particular interest to nuclear, as determined by decisions of the Council of Ministers;
  

e) nuclear radiation-any of the following radiation: Alpha, beta, gamma, x, laser, neutrons, electrons and protons or other high-energy Atomic particles; This does not include radio waves, infrared and visible radiation, ultraviolet radiation;
  

f) nuclear-plant generators of nuclear radiation; the plant, apparatus or device that extracts, produces, processes or, in general, contain radioactive materials;
  

g) nuclear accident-nuclear event affecting the plant and causes radiation or contamination of the population or the environment, beyond the limits allowed by the rules in force;
  

h) nuclear safety-ensemble of technical and organizational measures to ensure the operation of nuclear facilities safely, to prevent and to limit damage and to ensure the protection of personnel professionally occupied population, the environment and material goods against radiation or radioactive contamination;
  

I) record of radioactive materials and nuclear interest-all the measures to be taken within the framework of the national system of record keeping and control of radioactive materials, the interest, and of nuclear facilities that they contain, in order to obtain information on the quality, quantity and their movement.
  


Chapter 2 the authorisation in Article nuclear Activities referred to in article 10. 6 lit. a), b), d) and (e)) can be deployed only on the basis of an authorization issued by the State Committee for nuclear energy to that end.
The authorization shall be issued at the request of units performing nuclear ones referred to in paragraph 1, second subparagraph, if are observed by the applicant to the provisions of the rules in view of ensuring the security and protection of personnel facilities occupied professionally population, environmental and material goods against nuclear radiation.
The authorization shall be issued only to legal persons.


Article 11 activities that involve the use of radioactive material and nuclear installations may be exercised on the basis of the permit, which satisfies the conditions of training and appropriate health status of carrying out these activities.
The pursuit of these activities shall be provided by the State Committee for nuclear energy, at the request of the holders of the authorization, if the activities may affect the safety of nuclear installations, the protection of personnel engaged in these activities, members of the public, the environment and material goods and by holders of authorisation, in other cases, in accordance with rules prepared by the State Committee for nuclear energy to that end.


Article 12 Authorisations under article 4. 10 passes. 11 shall be issued for a period. Competent on the basis of law cannot be passed without the consent of the issuing body.


Article 13 the authorizations referred to in article 1. 10 passes. 11 may be suspended or withdrawn by the issuing body, on its own initiative or upon referral to control bodies, where: (a) are not complied with) even the provisions contained therein;
  

b) are not fulfilled the measures disposed by the control bodies, in accordance with the rules in force;
  

c) new situations occur technically or otherwise, unknown to the authorization or licence, or not provided for in rules, which can affect nuclear safety.
  


Article 14 entry into economic and social circuit, for use or consumption by the population, of products which have been subjected to irradiation or in which radioactive materials have been introduced, as well as use for diagnosis and medical treatment of radionuclides, radiation sources and of pharmaceutical products containing radioactive materials, shall be authorized by the Ministry of health, which shall draw up the rules for this purpose.
The application for authorisation shall be made by the Socialist state in which the activities are being carried out as provided for in this article.


Article 15 authorisation referred to in article nuclear. 10 do not exclude other authorizations as provided by law.


Chapter 3 obligations of holders of authorisations and of individuals pursuing nuclear activities Article 16 permits Holders are obliged to ensure that: (a)) that the nuclear activities carried out to achieve compliance with legal norms and standards in force;
  

b) to pursue that at all stages of conception and realization of nuclear facilities to be provided for and applied measures relating to nuclear safety, the protection of the personnel, population, the environment and property, as well as materials and keeping of radioactive materials and nuclear facilities, for interest to exploit them;
  


c) to keep for the entire period of validity of the authorization, a strict record keeping of radioactive materials and nuclear materials of interest they hold, to ensure against further deterioration, accidental spreading, loss or theft and to communicate regularly by the State Committee for nuclear energy of their situation under the conditions determined by it; in case of loss or theft, the holder of the authorization will announce as soon as the State Committee for nuclear energy and the militia whose territory took place on the loss or theft of radioactive materials or materials of interest;
  

d) to announce as soon as hierarchically superior organ and the Executive Committee of the Council of the municipality or county people's Bucharest, on whose territory they operate, on the nuclear accident which took place at the plant on its own and to participate in locating and relief caused by the accident, according to the plan drawn up by the intervention according to the law.
  


Article 17 the sender of radioactive materials is required to ensure the preservation and packaging in accordance with the rules of carriage and încunoştiinţeze, in advance, the carrier and the consignee on the specific properties of the radioactive materials shipped over the dangers they pose to the environment and population, as well as the transport conditions, according to the legal provisions.


Article 18 Management of stations to monitor the radioactivity in the environment are obliged, whenever found to overcome the level of radioactivity laid down in the rules, to announce the hierarchically superior organ and the Executive Committee of the Council of people's or Bucharest, on whose territory works, which will immediately take appropriate measures.


Article 19 in order to preserve the quality of the environment, permits holders are obliged to take action as the radioactivity of any effluents, resulting from the nuclear activities carried out, should be reduced as soon as possible and to ensure compliance with the rules drawn up for this purpose.


Article 20 establishments in their work or processing minerals extracted useful, which in zacamint are associated with raw or in technological processing flow are likely to become radioactive, action will be taken for checking the products they obtain to see if they show a concentration of radioactive substances or radioactivity that exceed a at some point, the limits allowed by the rules. Where these products displays concentrations of radioactive substances or radioactivity above the limits laid down in the rules, activities resulting from these products are subject to the authorization regime in the nuclear field.


Article 21 authorisation holders, and the persons to whom they have entrusted the radioactive materials and nuclear facilities, do not have the right to use them for other purposes, or to perform other operations with them than those established for fulfilment of service-related activities.


Chapter 4 the control of nuclear activities Article 22 control of nuclear activities, which are conducted on the territory of the Socialist Republic of Romania, is carried out by the State Committee for nuclear energy, ministries and other State bodies which according to this Act, have the powers to that end.


Article 23 the State Committee for nuclear energy controls: fulfilling the provisions of) the national nuclear program and provisions from the single national economic and social development activities in the field of nuclear physics and related areas of nuclear energy;
  

(b) efficient use of potential) for scientific research relating to the nuclear field, physics in general and from related fields of nuclear energy and the application of research results in scientific production;
  

c) development and implementation of nuclear techniques in industry, agriculture, biology, medicine and other sectors of activity;
  

d) basis of nuclear raw materials necessary for the national programme and the rational use of radioactive materials and nuclear interest;
  

e) experimentation and operation of nuclear installations, as well as amendments thereto;
  

f) ensuring and enforcing measures of safety of radioactive materials and nuclear facilities;
  

g) substantiation mode technique and economic investments in the field of nuclear energy;
  

h) record of radioactive materials and nuclear facilities and nuclear materials of interest, located on the territory of the Socialist Republic of Romania;
  

I) the import, export and transit of radioactive materials and nuclear facilities and nuclear material of interest;
  

j) preparation, specialization and improvement of cadres needed nuclear field.
  

In conducting the inspection, the State Committee for nuclear energy collaborates with ministries and other central organs. The State Committee for nuclear energy shall inform the Council of Ministers on the main issues arising out of the investigation.


Article 24 the Ministry of health, through its specialized organs, examined mainly: a) how to ensure that measures for the determination of radioactivity of the goods intended for public use or consumption in the production process, which have been subjected to irradiation or contain radioactive substances, as well as of goods intended for the population, which officials or use during generates ionizing radiations;
  

b) degree of contamination of radioactive effluents deversati in emissary or atmosphere;
  

c) the degree of radioactive contamination of foodstuffs on the entire food chain and sources of drinking water;
  

d) the health status of exposed personnel.
  


Article 25 the National Council of Water control how surveillance of environmental radioactivity.


Article 26 the control of nuclear activity referred to in annex II, which forms an integral part of this law, shall have access, under the law in all places where it conducts activities in the nuclear field, it may be accompanied, if the needs require it, experts and specialists delegates for this purpose.


Article 27 organizations that carry out activities in the nuclear field are required to submit data and information, in connection with the nuclear activities carried out, as required by the control bodies; They also are obliged to designate appropriate staff to attend the inspection, to give necessary and what you need to comply with the indications given by specialised control bodies, in accordance with legal norms.


Article 28 the control of nuclear activities are obliged, in cases when the circumstances referred to in article establish. 13, to propose issuing body shall suspend or withdraw its authorisation or permits issued.
Control bodies may require temporary suspension of business where continuing activity can affect the security of the personnel, population, the environment and material goods.


Article 29 control of nuclear activities in the field of nuclear energy referred to in this chapter shall not preclude any other control required by law.


Chapter 5 health surveillance of exposed personnel professional in the field of nuclear energy, population and the environment Article 30 Ministry of health provide health surveillance of exposed personnel professional, hygienic conditions of nuclear activities and nuclear activities influence population health, whole food's food circuit and the sources of drinking water.


Article 31 National Board of Waters ensure supervisory activity of radioactivity to the environment throughout the territory of the Socialist Republic of Romania, through a network of stations, with the State Committee for nuclear energy, the Ministry of national defense, the Ministry of health and the National Council for the protection of the environment.


Article 32 the Ministry of health and the National Board of Waters shall, on a quarterly basis and whenever necessary, the State Committee for nuclear energy and National Defense Ministry of its findings in the work of supervision exercised in accordance with art. and article 30. 31 and cooperate with them in order to determine the measures to be taken.


Chapter 6 the civil liability for nuclear damage Article 33 authorisation holder shall be responsible exclusively, without fault for the damages caused, by a nuclear accident which occurred in the plant to times in the course of transport from its disposal, accident which resulted in her death, injury of limb or health of any person, destruction, degradation of the temporary impossibility to use times of any good.


Article 34 the damage caused by an accident analysis: together with one, to the extent that they cannot be separated, it is considered entirely caused by a nuclear accident.


Article 35 If nuclear damage engages the liability of more than one licence holders, they respond proportionately, each to the extent that contributed to the damage. If you can't determine the extent to which each has contributed to cause damage, the compensation shall bear in equal parts.


Article 36


The holder of the authorization shall not be responsible for damage caused by a nuclear accident if it is the direct sequel to acts of armed conflict or catastrophic nature disasters.


Article 37 the maximum amount of liability of the holder of the authorization that nuclear activities that can produce a nuclear accident is 80 million lei for each accident.
The Council of Ministers shall determine, on a proposal by the ministries and other central bodies of State administration under which the holder of the authorization, learn with the State Committee for nuclear energy, the maximum amount of the liability, within the limits laid down in the previous paragraph, to each holder of the authorization.
In this amount does not include interest and legal costs.
The authorisation holder shall be required to conclude and maintain liability insurance or to provide any financial guarantee to ensure the ceiling established according to this article.


Article 38 the right to action for reparation for the damage caused by a nuclear accident, according to this law, prescribing through fulfillment of a period of 10 years. The term prescription begins to run from the date on which the person suffering nuclear damage had or might have knowledge of this damage and the holder of the authorization shall be responsible.
The victim has obtained compensation pursuant to this chapter may make a new claim if it has caused a worsening of damage inside or after expiry of the period referred to in the preceding paragraph.


Chapter 7 sanctions to infringements of the provisions of article 39 of this law shall entail liability, disciplinary, administrative, civil or criminal, as appropriate.


Article 40 constitutes the offence, if they were not committed in such circumstances that, according to the law, are regarded as criminal offences, the following facts: a) the introduction into economic and social circuit for use or consumption by the population of products which have been subjected to irradiation or in which radioactive materials have been introduced, as well as use for diagnosis and medical treatment of radionuclides , radiation sources and of pharmaceutical products containing radioactive materials without authorization. 14;
  

b) not announcing immediately the hierarchically superior body, the Executive Committee of the County Council's popular or, where appropriate, of the municipality of Bucharest, on whose territory the installation works, on the nuclear accident, according to art. 16 lit. d);
  

(c) failure to take measures for checking) to the concentration of radioactive substances or radioactivity levels, according to art. 20;
  

d) use radioactive material or nuclear facilities entrusted to other purposes, or for other operations than those established for fulfilment of service;
  

e) pursuit of nuclear activities without a permit issued by the bodies referred to in article 1. 11. the Offences referred to in a), b) and (c)) shall be imposed with a fine from 2.000 to 3,000 lei and economic indicators; d) and (e)) shall be imposed with a fine from 1.00 to 2,000 lei.


Article 41 Offences referred to in articles. 40 lit. to ascertain the fine) and applies to the control of the Ministry of health specifically empowered, and those referred to. b), c), (d) and (e))), by the specific control bodies have the power of the State Committee for nuclear energy.


Article 42 Against report of violation may make the complaint within 15 days from the date of communication; the complaint, accompanied by a copy of the minutes, shall be submitted to the body part that confirms that an agent shall submit to the Court in whose territory the offence was committed, for resolution.


Article 43 article 40, 41 and 42 shall be supplemented by the provisions of law No. 32/68 on the establishment and sanctioning violations.


Article 44 the processing, manufacture, possession, transport and use, or any operation relating to the movement of radioactive materials, without right, is punishable under art. 280 of the penal code.


Article 45 Pursuit of a non-nuclear activities, for which this law requires authorization, or its practice under conditions other than those laid down by law, shall be imposed according to criminal law.


Chapter 8 final provisions Article 46 depending on the size of risk is posed by nuclear activities for personnel in establishments carrying on these activities and to reduce the harmful effects of nuclear radiations and redoing work capacity, staff carrying out nuclear activities may benefit from differentiated basis by category of jobs, increase the tariff remuneration reduced work schedules, leave extra rest, wrap in groups I and II work in order to receive the pension for limit of age or disability, protective equipment, antidote and cure sanatorium according to the law.
The classification of jobs within the categories referred to in the preceding paragraph shall be determined by the ministries and other central organs concerned, have the opinion of the State Committee for nuclear energy and the Ministry of Labour.


Article 47 of the State Committee for nuclear energy, the Ministry of health and the National Water Council will issue rules to ensure the safety of nuclear installations, protection of personnel professionally occupied population, the environment and material goods, against nuclear radiation, as well as the rules on record-keeping and preservation materials and nuclear installations and nuclear materials of interest.
The rules laid down in the preceding paragraph are Republican rules.


Article 48 parts of nuclear facilities which by their specifics are subject to special rules and the consequences of these have laid down, such as plants, plants, plants for gas or the like, shall be subject to further scrutiny and authorisation regime provided for by the laws in force for this sort of installation.


Article 49 the present law shall enter into force 90 days after its publication in the Official Gazette of the Socialist Republic of Romania.


Annex 1 the control of nuclear activity 1. State inspection for control of nuclear activities within the State Committee for nuclear energy.
2. sanitary anti-epidemic Centres-County and the municipality of Bucharest.
3. The institutes of hygiene and public health in Bucharest, Cluj-Napoca, Iaşi and center of hygiene and public health in Timisoara.
4. inspection of State waters within the National Council for aquaculture.
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