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Law No. 16 Of 8 January 1998 On Modification And Completion Of The Law Nr. 111/1996 Concerning The Safety Of Nuclear Activities

Original Language Title:  LEGE nr. 16 din 8 ianuarie 1998 pentru modificarea şi completarea Legii nr. 111/1996 privind desfăşurarea în siguranţa a activităţilor nucleare

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LEGE no. 16 16 of 8 January 1998 to amend and supplement Law no. 111/1996 on the safe conduct of nuclear activities
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 8 8 of 13 January 1998



The Romanian Parliament adopts this law + Article 1 Law no. 111/1996 on the safe conduct of nuclear activities, published in the Official Gazette of Romania, Part I, no. 267 of 29 October 1996, shall be amended and supplemented as follows: 1. Article 4 (1) shall read as follows: "" Art. 4. -(1) The national competent authority in the nuclear field, which exercises the regulatory, authorization and control powers provided for in this law, is the National Commission for the Control of Nuclear Activities, subordinated to the Government. " 2.Article 4 (5) shall read as follows: " (5) A share of the tariffs collected by the commission, representing the value of the expenses of technical expertise, examination and control, in order to authorize the nuclear activities provided for in art. 2, is made income to the state budget; the rest of the collected tariffs can be used by the commission for personnel expenses, material expenses, endowments and investments specific to these activities, highlighting in a separate account as sources Extrabudation. The respective quotas shall be determined by Government decision. " 3. Article 14 shall read as follows: "" Art. 14. -The extension of the period of validity of the authorization or the permits to exercise, reauthorize or issue a new permit shall be made under the conditions provided in art. 8 8-10 and in art. 13 13. " 4. Article 16 (1) shall read as follows: "" Art. 16. --(1) Activities in which materials with total activity or low mass concentration are used, ionizing radiation generators of the type approved by the commission and any electronic tubes meeting the exemption limits and criteria provided in international standards, so that the risks related to the activity or source are at least accepted, shall be exempted, in part or in full, from the application of the authorization regime provided for in this Law. " 5. Article 19 (1) shall read as follows: "" Art. 19. -(1) Nuclear fuel can only be held by legal entities. It is prohibited to hold nuclear fuel without possessing for it the authorization of possession, as well as one of the following authorizations: production, storage, treatment, processing, use, transport, import or export, in agreement with the activities they carry out, issued in accordance with the provisions of art. 18 18 and art. 20-22 20-22. " 6. In Article 28, paragraphs 3 and 4 shall be inserted, which shall read as follows: " (3) The authorization or exercise permit, issued on the basis of the provisions of this law, does not exempt the holder from compliance with the provisions of the legislation in force. (4) The Commission will determine the detailed rules for the application of this law whenever its provisions cannot be applied simultaneously with the legal provisions of a different nature, in consultation with the public administration authorities in the matter, granting priority compliance with the conditions for the safe deployment of nuclear activities. " 7. Article 34 shall read as follows: "" Art. 34. -(1) In the exercise of their mandate, the bodies with the right of control of nuclear activities, set out in Annex no. 3, have the rights provided in art. 31 31 para. (1) and the obligations and duties provided for in art. 32, within the limits of the powers established by law ((. In the event of failure to control or disobey any of its provisions, the Commission may require the competent authorities either to proceed with enforcement or to undertake an investigation. The Commission may request the intervention of representatives of the General Inspectorate of Police or, in cases of urgency, may undertake, on its own initiative, nuclear safety precautionary measures, following that all related expenses will be reimbursed by the holder of the authorization willingly or by enforcement. " 8. Chapter V shall have the following title: "Duties and liabilities" 9. Article 35 shall read as follows: "" Art. 35. -Apart from the duties explicitly provided by law, the commission: a) proposes the initiation of bills, Government decisions and elaborates its own and common regulations with other competent authorities, according to the law; b) develop binding instructions, as well as nuclear safety regulations on quality assurance and safe operation of nuclear targets and facilities, protection against nuclear radiation of professional exposed personnel, population, environment and material goods, physical protection, record keeping and transport of radioactive materials and special fissile materials, as well as waste management radioactive; c) approve, according to the law, the intervention plans for cases of nuclear accident and participate in the provision of intervention; d) develop procedures for tracking the radioactivity of the environment and ensure its permanent supervision on the national territory; e) initiates, with the opinion of the Ministry of Foreign Affairs, actions to promote Romania's specific interests in relations with the International Atomic Energy Agency (A.I.E.A.), with the Agency for Nuclear Energy (A.E.N.) and with other organizations international specialized in the field of regulations and control of nuclear activities; cooperates, under the law, with similar institutions in other states; f) controls the application of the provisions of the international agreements in force on the control of guarantees, physical protection, transport of fissile and radioactive materials, radiation protection, quality assurance and nuclear safety of installations; g) promptly inform the central authority for environmental protection and the Ministry of National Defence of any significant increase in environmental radioactivity; h) cooperate with bodies that have, according to the law, attributions in the field of safe operation of nuclear objectives and facilities, in correlation with environmental and population protection requirements; i) provide information to the public through official publications, press releases; organize hearings or investigations, as the case may be; j) performs any other duties provided by law in the field of regulations and control of nuclear activities. " 10. Article 37 (1) shall read as follows: "" Art. 37. -(1) The Commission will organize, according to the law, the network of surveillance of environmental radioactivity on the territory of Romania, ensuring the necessary information flow to the integrated system for monitoring the environmental parameters 11. Article 37 (4) shall read as follows: " (4) The Commission shall inform, whenever necessary, the central authority for the protection of the environment and the Ministry of National Defence of those found in the supervisory activity exercised and shall cooperate with them in order to establish necessary measures. " 12. Article 38 (1) (b) shall read as follows: " b) introduction into the medical field, for medical diagnosis and treatment, of closed, open sources of ionising radiation generating devices and of pharmaceutical products containing radioactive materials; ' 13. Article 44 (1) shall read as follows: "" Art. 44. -(1) Perform an activity between those provided for in art. 2, in art. 24 24 para. ((1) and in art. 38 38 para. (1), without having proper authorization provided for by law, constitutes a crime and is punishable as follows: a) with imprisonment from 6 months to 2 years or with a fine, the activities provided in art. 2 lit. a) regarding the research, design, location, production, construction or assembly of nuclear objectives or installations, in art. 2 lit. b), d) and g), in art. 24 24 para. (1), as well as in art. 38 38 para. ((1); b) with imprisonment from 3 years to 10 years and the prohibition of some rights, for the unauthorized performance of some activities provided in art. 2 lit. a) regarding the commissioning, operation, modification, decommissioning, import or export of nuclear installations and art. 2 lit. c), e) and f). " 14. Point 1 of Annex no. 3 3 will have the following contents: "" 1. National Commission for the Control of Nuclear Activities. " + Article 2 Law no. 111/1996 on the safe conduct of nuclear activities, with the amendments made by this law, will be republished in the Official Gazette of Romania. This law was adopted by the Senate at the meeting of December 15, 1997, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT MIRCEA IONESCU-QUINTUS This law was adopted by the Chamber of Deputies at the meeting of December 15, 1997, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT RADU BERCEANU ---------