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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Law No. 16 of 8 January 1998 on modification and completion of the law nr. 111/1996 concerning the safety of nuclear activities, the PARLIAMENT published in ISSUING the OFFICIAL GAZETTE nr. 8 of 13 January 1998, the Romanian Parliament adopts this law.

Article 1, law No. 111/1996 concerning the safety of nuclear activities, published in the Official Gazette of Romania, part I, no. 267 of 29 October 1996, alter and completed as follows: 1. Article 4 (1) shall read as follows: Art. 4.-(1) the National Authority's competence in the field of nuclear energy, which powers of regulation, authorization and control provided for in this law, is the National Commission for Nuclear Activities Control, in Government. "
2. Article 4 (5) shall read as follows: "(5) a share in charges levied by the Commission, representing the counterpart of expenditure for technical expertise, examination and control, in order to allow nuclear activities referred to in article 1. 2, came from the State budget; the rest of the charges collected may be used by the Commission for personnel expenditure, expenditure on investment, facilities and materials specific to these activities, standing out in a separate account as extrabudgetary sources. The quotas in question shall be determined by decision of the Government. "
3. Article 14 shall read as follows: Art. 14.-extension of period of validity of the licence or permit renewal exercise, or the issue of a new permit shall be effected under the conditions laid down in article 21. 8-10 and at art. 13. "4. Article 16 (1) shall read as follows: Art. 16. — (1) the activities of materials is used with total activity or with low concentration of Herbert generators of ionizing radiation of the type approved by the Commission and any tubes which meet the criteria for exemption and limits laid down in international standards, so that the risks of the activity, or the source are at least acceptable, are exempt, in whole or in part, from the application of the system of authorisation provided for by this law. "
5. Article 19 (1) shall read as follows: Art. 19.-(1) nuclear fuel can be owned only by legal persons. It is prohibited to possess nuclear fuel without authorization for holding it, and one of the following permits: production, storage, treatment, processing, use, transport, import or export, in accordance with the activities they carry out, issued in accordance with the provisions of art. 18 and art. 20-22. ' 6. Article 28 shall be included in paragraphs (3) and (4), which will read as follows: "(3) an authorization or licence issued for the exercise, on the basis of the provisions of the present law does not exempt the holder from compliance with the provisions of the legislation in force.

(4) the Commission shall establish detailed rules for the application of this law whenever its provisions may not be applied simultaneously with other legal provisions, in consultation with the public authorities in this area, giving priority to compliance with the conditions for progress in the safety of nuclear activities. "

7. Article 34 shall read as follows: Art. 34. — (1) in the exercise of their Office, the control of nuclear activities, as set out in the annex. 3, have rights under article 4. 31 para. (1) the tasks and duties under article 4. 32, within the limits of competence stipulated by the law.

(2) in the case of disobedience to control or disobeying any of its provisions, the Commission may request the competent authorities to carry out enforcement, or to undertake an investigation. The Commission may request the intervention of the General Inspectorate of police representatives, or, in cases of emergency, can undertake on its own initiative, the nuclear security measures are precautionary, and all related expenses to be reimbursed by the licence holder willingly or by execution. "

8. Chapter V will have the following title: "Duties and responsibilities" 9. Article 35 shall read as follows: Art. 35.-in addition to the explicit powers laid down by law, the Commission proposes: to initiate draft) law, decisions of the Government and shall draw up its own rules and with other competent authorities, in accordance with the law;

b) shall draw up binding instructions, as well as nuclear security regulations to ensure quality and safe operation of nuclear facilities, and protection against nuclear radiation exposed professional personnel, population, the environment and property, the protection of the physical, material, storage and transport of radioactive materials and special fissile materials, as well as the management of radioactive waste;

c) law, approve the contingency plans in the event of a nuclear accident and participate in the securing of the intervention;

(d) procedures for tracking) draw up environmental radioactivity and ensure permanent surveillance of its national territory;

e) initiates with the opinion of the Ministry of Foreign Affairs, actions to promote the specific interests of Romania in relations with the International Atomic Energy Agency (A.I.E.A.), with the nuclear energy agency (A.E.N.) and with other international organizations working in the field of regulations and supervision of nuclear activities; cooperate, in accordance with the law, with similar institutions in other States;

(f) monitoring compliance with the provisions of the agreements) existing international control guarantees, physical protection, transport of fissile and radioactive, radiation protection, quality assurance and safety of nuclear installations;

g) inform the central authority for prompt protection of the environment and the Ministry of national defense on any significant growth of environmental radioactivity;

h) cooperate with bodies, according to the law, in the field of civil servants in the nuclear objectives and installations, in correlation with the environmental protection requirements and the general public;

I) provide information to the public through official publications, press releases; organise hearings or inquiries, where appropriate;

j any other duties) meets the prescribed by law in the field of regulations and control nuclear activities. "

10. Article 37 (1) shall read as follows: Art. 37. — (1) the Commission will hold, according to the law, the network for the monitoring of environmental radioactivity on Romanian territory, ensuring the flow of information necessary for the integrated system for monitoring environmental parameters. "
11. Article 37, paragraph 4 shall read as follows: "(4) the Commission shall, whenever necessary, the central authority for environmental protection and National Defense Ministry of its findings in the surveillance activity carried on and cooperate with them in order to establish the measures necessary."
12. Article 38 (1) (b)) shall read as follows: "(b) the inclusion in the medical field), for diagnosis and medical treatment of sealed sources, open devices generating ionising radiation and pharmaceuticals containing radioactive material;"
13. Article 44 paragraph 1 shall read as follows: Art. 44. — (1) a of the activities referred to in article 1. 2, article 30. 24 para. (1) and in article 8. 38 para. (1) without having the appropriate authorization prescribed by law, shall constitute the offense and shall be punished as follows: (a)) with imprisonment from 6 months to 2 years, or with fine, the activities referred to in article 1. 2(a) concerning the research) design, location, construction, manufacturing or assembly plants or nuclear targets, at art. 2(a) b), d) and (g)), at art. 24 para. (1) and in article 8. 38 para. (1);

b) imprisonment from three years to 10 years and the prohibition of certain rights, for carrying out unauthorized activities. 2(a) regarding the) commissioning, operation, modification, decommissioning, import or export of nuclear installations and to art. 2(a) c), e) and (f)). "

14. Point 1 of the annex. 3 shall read as follows: "1. the National Commission for Nuclear Activities Control."

Article 2 Law No. 111/1996 concerning the safety of nuclear activities, as amended by this law, shall be in the Official Gazette of the Republic of Romania.
This law was adopted by the Senate at its meeting on 15 December 1997, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. SENATE CHAIRMAN MIRCEA IONESCU-QUINTUS this law was adopted by the Chamber of deputies at its meeting on 15 December 1997, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.

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