Law No. 111 Of 10 October 1996 * Republished On Conducting Activities In Nuclear Safety

Original Language Title:  LEGE nr. 111 din 10 octombrie 1996 *** Republicată privind desfăşurarea în siguranţa a activităţilor nucleare

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071198/-lege-nr.-111-din-10-octombrie-1996-%252a%252a%252a-republicat-privind-desfurarea-n-sigurana-a-activitilor-nucleare.html

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Law No. 111 of 10 October 1996 (republished * *) (* updated *) on conducting safe, regulating, licensing and control of nuclear activities (updated as at 31 December 2015 *) ISSUER-PARLIAMENT-------Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) the Republished pursuant to the provisions of art. II of law No. 63/2006 for the modification and completion of the law #. 111/1996 on conducting a safe nuclear activities, published in the Official Gazette of Romania, part I, no. 301 of 4 April 2006, posing a new texts.

Law No. 111/1996 on conducting a safe nuclear activities has been republished in the Official Gazette of Romania, part I, no. 78 of 18 February 1998 and amended by:-Government Emergency Ordinance nr. 204/2000 modification of article. 8 of law No. 111/1996 on conducting a safe nuclear activities, published in the Official Gazette of Romania, part I, no. 589 of 21 November 2000, approved with amendments and completions by law No. 384/2001 published in the Official Gazette of Romania, part I, no. 400 of 20 July 2001 (corrected in the Official Gazette of Romania, part I, no. 443 dated 23 May 2006);

-Government Emergency Ordinance nr. 90/2003 modification of the law nr. 141/1997 customs code of Romania and of art. 16 of Government Emergency Ordinance nr. 64/2003 to provide for measures relating to the establishment, organization, reorganization or functioning of structures within the work of the Government apparatus, the ministries and other specialized bodies of central public administration and public institutions, published in the Official Gazette of Romania, part I, no. 712 of 13 October 2003, as amended by law No. 39/2004 published in the Official Gazette of Romania, part I, no. 238 of 18 March 2004;

-Law No. 193/2003 for the modification and completion of the law #. 111/1996 on conducting a safe nuclear activities, published in the Official Gazette of Romania, part I, no. 343 of 20 May 2003;

-Law No. 549/2004 modification of article. 41 of the law nr. 111/1996 on conducting a safe nuclear activities, published in the Official Gazette of Romania, part I, no. December 8, 2004 1,164.

─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter I General provisions Article 1 the purpose of this law is to regulate the approval and supervision of nuclear activities are carried out exclusively for peaceful purposes, so as to meet the requirements of nuclear safety, protection of personnel exposed to the patient, professional, environmental, population and property, with minimum risk and in accordance with the regulations respecting the commitments resulting from the agreements and conventions to which Romania is a party.


Article 2 the provisions of this law shall apply to the following activities and sources: a), design, research, construction, ownership, installation, commissioning, trial operation, operation, modification, decommissioning, preserving, importing and exporting of nuclear installations;
  

b) design, construction, location, ownership-installation, commissioning, operation, maintenance and decommissioning of mining and the production of uranium and thorium ores and waste management facilities at mining and preparation of ores of uranium and thorium;
  

c) the manufacture, construction, location and the supply, hiring, transfer, handling, holding, processing, treatment, use, storage, temporary or definitive, transport, transit, import and export of radiological installations, nuclear and radioactive materials, including nuclear fuel, radioactive waste and appliances generating ionising radiation;
  

d) producing, supplying and using approved dosimetric control apparatus and systems of detection of ionizing radiation, materials and devices used for protection against ionizing radiation, as well as of the means of transport or containerizare of radioactive materials, specially designed for this purpose;
  

e) the manufacture, supply, rental, transfer, import, export, possession of materials, devices and equipment referred to in the annex. 1 to this law;
  

f) holding, transfer, import and export information, related materials, unpublished-devices and equipment relevant to proliferation of nuclear weapons and other nuclear explosive devices, as set out in the annex. 1 to this law;
  

g) building products and services for nuclear installations;
  

h) building products and services for radiation sources, approved dosimetric control apparatus, systems of detection of ionizing radiation, materials and devices used for protection against ionizing radiation;
  

I) orphan sources, detect pending final storage as radioactive waste.
  


Article 3 terms and expressions used in the law are defined in the annex. 2 to this law.


Article 4 (1) the competent national authority 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, public institution of national interest, with legal personality, with its headquarters in Bucharest, headed by a President with the rank of Secretary of State, coordinated by the Prime Minister, through the Chancellery of the Prime Minister.
  

(2) a regulation on organisation and functioning of the National Commission for Nuclear Activities Control, hereinafter referred to as the Commission, is hereby approved on behalf of the Government.
  

— — — — — — — — — —-. (3) art. 4 was repealed by article 7 (e)). 14 of the EMERGENCY ORDINANCE nr. 1 of 25 January 2010, published in MONITORUL OFICIAL nr. 62 from 27 January 2010.

(4) the fees for the approval of the activities referred to in article 1. 2 to make come from the State budget.
  

— — — — — — — — — —-. (5) article. 4 was repealed by article 7 (e)). 14 of the EMERGENCY ORDINANCE nr. 1 of 25 January 2010, published in MONITORUL OFICIAL nr. 62 from 27 January 2010.

(6) the Commission may coordinate technical support institutes, set up by decision of the Government.
  


Article 5 (1) the Commission is empowered to issue regulations detailing the General requirements of nuclear safety, protection against ionizing radiation, quality assurance, control of non-proliferation of nuclear weapons, physical protection, transportation of radioactive materials, radioactive waste management and nuclear fuel burned, intervention in the event of a nuclear accident, including authorization and control procedures , realization of products and services for nuclear installations, as well as any other regulations necessary authorization and control activity in the nuclear field.
  

(2) the Commission shall draw up the strategy and regulatory policy, authorization and security control, radiation protection, nuclear non-proliferation of nuclear weapons control, physical protection of nuclear materials and installations, transport of radioactive material and nuclear safety of the management of radioactive waste and nuclear fuel burned as part of the national development strategy of the nuclear field, and are approved by decision of the Government.
  

(3) the Commission may issue, with regulations and consultation with ministries and other stakeholders according to their specific responsibilities.
  

(4) exception from paragraph 1. (1) regulations and authorization and control tasks for which this law contains explicit provisions empowering the ministries and other specialized bodies of central public administration.
  

(5) the Commission, by rules and regulations issued and through the measures provided under the procedures for authorisation and supervision, it should provide an appropriate framework in which the natural person or legal person carries safe, activities subject to the provisions of this law.
  

(6) the Commission will review the rules whenever it is necessary, for linking with international standards and with the international conventions ratified in the field and will have the necessary measures for their implementation.
  

(7) the Commission shall draw up its own rules of fees and charges for licensing and control of nuclear activities, whenever necessary, the opinion of the Ministry of public finance and the Ministry of economy and trade, which are approved by decision of the Government.
  


Article 6 research, experimentation, development, manufacture, import, export, transit, possession or the detonation of a nuclear weapon or of any nuclear explosive device are prohibited on the territory of Romania.


Article 7 Imports of radioactive waste and nuclear fuel burned is prohibited, except in circumstances in which import directly from the processing result, outside the territory of Romania, a previously authorised export of nuclear fuel or radioactive waste, on the basis of provisions of international agreements or contracts with commercial partners based in Ireland, under the conditions laid down in this law.


Chapter II authorisation Regime



Section 1 Authorisation and allowed to pursue nuclear activities for peaceful purposes in article 8 (1) the activities referred to in article and sources. 2, with the exception of transport activities of devices generating ionising radiation, the use of approved dosimetric control apparatus and systems of detection of ionizing radiation, and those referred to in points. h) of the same article requires authorisation by the Commission, while respecting the consent procedure specific to each kind of activity or source, in accordance with the provisions of art. 5. (2) the authorization shall be issued to legal persons, at their request, if they prove that they comply with the provisions of this law.
  

(3) an authorization may be issued and units without legal personality, established in accordance with law, named in the annex. 4 to this Act, if they prove that they comply with the provisions of this law.
  

(4) a permit issued by the Commission is subject to levels of requirement, depending on the risks associated with the activities carried out in accordance with specific rules drawn up by the Commission on the basis of the provisions of art. 5. (5) the authorization may only be used for the purpose for which it was issued, while respecting the limits and conditions set out therein.
  

(6) the authorizations referred to in paragraph 1. (1) is required and is released successively, simultaneously, separately for each kind of activity or for each nuclear installation times with its own functionality radiological, the applicant, or for each distinct type of radioactive material, a device for generating ionizing radiation, approved dosimetric control apparatus of ionizing radiation or radioactive contamination, degree of material times device used in order to protect against ionising radiation containerizare, as a means of transport or specially designed for this purpose, on which the applicant for the authorization of production plans to realize it for its use or for sale.
  

(7) Authorization of a realization or the operation of any nuclear installations can make radiological times only if the earlier phases have received all kinds of authorization required.
  

(8) for the purposes mentioned in paragraph 1. (7) authorization phases of nuclear or radiological installations should, where appropriate, the following: a) design;
  

b) location;
  

c) production;
  

d) construction and/or installation;
  

e) commissioning;
  

f) operation of evidence;
  

g) operation;
  

h) repair and/or maintenance;
  

I) alter;
  

j) preservation;
  

k) decommissioning.
  

(9) for achievement or operation of nuclear and radiological facilities may be partial authorizations.
  

(10) the authorizations to be issued a partial, simultaneously or successively, for one and the same phase of those referred to in paragraph 1. (8), may have the character of the provisional decision of the Commission, if the petitioner expressly calls it. In this case they have validity until final authorization of that type, but not more than 2 years, with the right to extend, upon request, for another two years, when they are not available all the necessary information in a timely manner.
  

(11) the Commission will partially withdraw whenever you will notice the lack of concern by the holder of the authorisation to complete the information required in support of an application for the issuance of the authorization.
  


Article 9 (1) the holder of the authorization referred to in article 1. 8 will be used in the activities referred to in article 1. 2(a) the only)-c) personnel who is holder of a valid permit for the exercise, for these activities.
  

(2) the permit for the exercise shall be based on the rules and regulations issued under the provisions of art. 5. (3) the licence shall be issued on exercise, on the basis of an evaluation and examination by the Commission or by the holder of the authorization, solely for its staff in accordance with special regulations issued by the Commission in accordance with the provisions of art. 5. (4) a precondition to the grant of the permit for the exercise is getting specific medical opinion, on the basis of regulations issued by the Ministry of health in accordance with the provisions of art. 5 para. (4) and (5) the opinion of the competent national bodies safety for personnel to carry out professional activities, permanent or temporary, in the vital work within the nuclear facilities or access to secret documents is necessary in accordance with the legal provisions in the field and with specific regulations issued by the Commission in accordance with the provisions of art. 5. Article 10 (1) Authorization and permit the exercise shall be issued for a period to be determined by the regulations issued pursuant to the provisions of art. 5. (2) The authorizations issued by the Commission for the owner, user or operator of nuclear plants will explicitly mention its quality.
  

(3) an acquired right on the basis of the authorization and permit the exercise cannot be passed without the consent of the issuer.
  

(4) in order to issue the authorization or licence, the applicant shall exercise: a) to pay the Commission fees for account approving and controlling nuclear activities, in accordance with the regulation referred to in article 1. 5 para. (7);
  

b) to pay to the State Treasury authorization fees, in accordance with the regulation referred to in article 1. 5 para. 7. Article 11 Permits referred to in art. 8 shall be suspended or withdrawn, in part or in whole, by the issuer, on its own initiative or upon referral to any individuals or legal, in all cases where the Commission finds that: a the licence holder) has not complied with the provisions of this law and regulations or specific limits and conditions set out in the authorization;
  

b) are not met, in full and at the time, the measures disposed according to cap. (IV) the control bodies empowered by this law;
  

c) new situations occur technically or otherwise, unknown at the date of issue of the authorization, which may affect the safe conduct of nuclear activities;
  

d) licence holder fails legal obligations with regard to the establishment of financial sources for waste management and final storage of radioactive waste and spent nuclear fuel and decommissioning of nuclear installations or liability insurance for damage to third parties in the event of a nuclear accident;
  

e) the licence holder shall cease to be constituted;
  

f) the licence holder loses its legal capacity.
  


Article 12 governing the licence referred to in article 1. 9 shall be suspended or withdrawn by the issuer, on its own initiative or upon referral to other institutions involved in the inspection, according to this law, or persons, in all cases where the issuer determines that: a) permit holder has not complied with the provisions of the exercise referred to in regulations issued under the provisions of art. 5;
  

b) permit holder the exercise of cease or loses its legal capacity.
  


Article 13 (1) the Commission may amend, revise or supplement, motivated, limits and conditions specified in the authorizations or permits for the exercise.
  

(2) where the failure to comply with the new conditions imposed pursuant to paragraph 1. (1), shall apply, where appropriate, the provisions of art. 11 and 12.
  


Article 14 extension of the period of validity of the authorisation or permissions of exercise, renewal or issuance of a new permit shall be effected under the conditions laid down in article 21. 8-10 and the art. 13. Article 15 (1), in exceptional cases, the authorization referred to in article 1. 8 justifies the licence holder from receiving a refund from the authority which ordered the withdrawal of approval. The amount of compensation shall be determined taking into account both the public interest and that of the holder of the authorization, as well as of the reasons which led to the withdrawal of approval. The amount of compensation shall be fixed by the understanding of the parties or, in case of disagreement, by the Court.
  

(2) the authorization shall be withdrawn without compensation in the following cases: a) the licence holder has obtained the authorisation by making use of false statements;
  

(b) the holder of the authorization) has violated the provisions of this law, the provisions authorizing bodies in matters or the limits and conditions set out in the authorization;
  

c) withdrawal was ordered because the owner, staff parties, people or the environment were exposed to risks over regulated, generated by the activity.
  

(3) the provisions of this article shall be applied and under the conditions laid down under art. 13. Article 16


(1) the activities that use materials with total activity or with low mass concentration, builders of the 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.
  

(2) the limits and criteria for partial or total exemption from the application of the system of authorisation shall be laid down by the regulations issued pursuant to the provisions of art. 5. (3) the exemption from the application of the system of authorisation, as provided for in paragraph 1. (1) does not relieve licensee of radioactive sources and materials exempted from teaching them as radioactive waste after termination of the use if the operating instructions of the manufacturer, importer or vendor make it compulsory for compliance with this requirement.
  


Article 17 (1) legal persons may require, for the activities which it intends to carry out, a preliminary opinion from the Commission, on the basis of information submitted by the applicant, certifying compliance with the limits of exemption under article 4. 16. (2) where the preliminary opinion does not confirm the engagement limits for exemption, the applicant is required to seek the authorization of the activities in question, in accordance with the provisions of art. 8. (3) liability for the accuracy of the information presented in support of the application for preliminary opinion rests with the applicant.
  


Section 2 of the terms of authorisation article 18 (1) the authorizations referred to in article 1. 8 may be issued only if the applicant satisfies the following conditions, the authorization as appropriate: a) is able to demonstrate professional status, function, has knowledge of its staff, the requirements of regulations on nuclear safety and protection against ionizing radiation, and the probity of those persons who have decision-making authority in the running of the works during the construction and exploitation of the nuclear and radiological facility or in the management of other nuclear activities from those referred to in that article;
  

b) respond as professional activities staff, permanently or temporarily, in the vital work within the nuclear facilities or have access to secret documents to be dependable and approved under law by the competent bodies in the field of national security;
  

c) is able to demonstrate that it has the technical facilities, technologies and materials for activities;
  

d) gives proof of organisational capacity and responsibility in preventing and limiting the consequences of damage with possible negative effects on the lives and health of its staff, the public, the environment, property of third parties or on its own heritage;
  

It's like the rest of the staff) is responsible, which ensures the operation of the facility, to have the requisite level of knowledge specific to the function which it performs, on the exploitation of facility in terms of the risks associated with nuclear safety, and nuclear security measures applicable;
  

f) take all necessary measures, at the level of technological and scientific norms in force, to prevent the damage that would result from construction and operation of the nuclear facility or radiation;
  

g) instituting insurance or any other financial guarantee to cover the liability for nuclear damage, amount, nature and conditions of the insurance or guarantee to conform to those provided for by law and international conventions to which Romania is a party;
  

h) responsible for taking the necessary measures to prevent the mixture of any kind or for any third parties due to disturbances in the decision-making process during the construction and during the operation of the nuclear facility;
  

I) proposes a nuclear facility or location of radiation that does not conflict with legal provisions and public interests with regard to the priority necontaminarea, water, air and soil, and does not affect the operation of other installations located in the vicinity;
  

j) possesses adequate financial and material arrangements and the sufficient for collection, transport, treatment, conditioning and storage of radioactive waste generated from its work, as well as for nuclear plant decommissioning, when activity will cease definitively approved and paid the contribution for the establishment and management of financial sources for the final storage of radioactive waste and spent nuclear fuel and decommissioning of nuclear installations;
  

k) establishes and maintains a system according to the special regulations for protection against ionizing radiation;
  

l) set up and maintain a system under special regulations for physical protection of nuclear fuel, nuclear and radioactive materials, radioactive waste and products, as well as nuclear installations, including nuclear fuel, deposits of nuclear and radioactive materials, and radioactive waste;
  

m) establish and maintain their own activities a controlled system of quality management, authorized by the Commission, and shall ensure that its suppliers of products and services, as well as their subcontractors complain in the chain, set up and maintain their own system of quality management;
  

n) set up and maintain their own system, approved, preparation of intervention in the event of a nuclear accident;
  

a) set up and maintain a system in accordance with the rules for the application of safeguards;
  

p) holds all other agreements, authorisations and permits provided for by law;
  

q) establish and maintain a system for informing the public in accordance with the legal regulations.
  

(2) the establishment and maintenance of the systems referred to in paragraph 1. (1) may be made and by contracting services with other holders, if they are authorised in accordance with this law.
  

(3) the conditions for approval referred to in paragraph 1. (1) and (2) will be detailed in regulations issued under the provisions of art. 5. Article 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. (2) unlawfully held nuclear fuel is produced, it becomes public property of the State and is taught a custodian, specifically designated for this purpose.
  

(3) where the operator, owner of nuclear fuel, is declared bankrupt, the Government can decide, under this law, transfer it to an economic operator authorised by the Commission.
  

(4) where the operator, owner of some sources of radiation, nuclear materials or ionizing radiation generators, is declared bankrupt, the Commission may provide, under this law, the acquisition of them by an economic operator authorised by the Commission to the possession, use, storage, processing and quashing final after their case.
  

(5) the appointment of a holder of a permit as custodian of the nuclear fuel is made by the issuer's express authorization by providing for the authorisation of the obligation to accept the nuclear fuel into custody on behalf of the State.
  

(6) the obligations concerning the keeping in custody also apply to nuclear fuel burned and other nuclear materials, with the exception of radioactive waste.
  

(7) nuclear fuel located in custody or in approved storage may be issued only if: (a) licensee owns beforehand) one of the authorisations provided for in paragraph 1. (1);
  

b) nuclear fuel to be entrusted to a duly authorized for the purpose of operatores which an authorized carrier to a recipient.
  

(8) the costs of custody of the holder of the authorization shall be borne by the holder of the records of ownership of nuclear fuel in custody, on the basis of contractual agreements or, in case of disagreement, on the basis of a judicial decision.
  

(9) nerevendicat nuclear fuel through the entries property becomes, at the time of the finding, public property of the State.
  


Article 20 (1) the carriage of nuclear fuel in nuclear installations off the premises or in the outside seating in which nuclear fuel is held in custody shall be made only by the carrier or any porters or agents authorized for that purpose, in accordance with the provisions of art. 8 and 18.
  

(2) the authorizations referred to in paragraph 1. (1) shall be issued only if the following conditions are met:
  


the nuclear fuel is transported) in accordance with national regulations on the transport of radioactive material, issued under the provisions of art. 5, and with the international carriage of dangerous goods;
  

b) time, mode choice and route of transportation is not contrary to the public interest.
  

(3) the provisions of this article shall also apply to nuclear fuel, radioactive products or waste, and nuclear or radioactive materials.
  


Article 21 the use of means of transport arranged specifically for the transport of nuclear fuel, nuclear materials, radioactive products or radioactive waste is permitted only when the carrier is in possession of an authorization for the means of transport concerned, issued by the Commission.


Article 22 (1) authorization to import, export or transit, as referred to in art. 8, shall be issued only under the following conditions, as applicable: a) in decision-making over control of import operations, export or transit, for which authorization is requested, the applicant will use the authorization people demonstrating competence and probity, in accordance with the regulations in force;
  

b) in the case of imports, the applicant for authorization shall undertake to ensure compliance with the provisions of this Act, the regulations issued pursuant to the provisions of art. 5 and the international commitments undertaken by Romania in the field of nuclear energy, to deliver products and information to beneficiaries only authorized for that purpose, in accordance with the provisions of art. 8 and 18, and to report to the Commission immediately upon entry into the country on imported products and information;
  

c) in the case of export, the applicant shall obtain authorization from external partners with the necessary guarantees, indicating that they will not use products or information exported for purposes without prejudice to the international obligations undertaken by Romania times national safety. It will also demonstrate that the export complies with the provisions of this law and other regulations.
  

(2) the exporter and the importer are obliged to report to the Commission immediately upon removal from, respectively, the entry into the country and information products exported or imported.
  

(3) the holder of the authorization for transit shall be required to report to the Commission on both entry and exit from the country visited products.
  


Article 23 (1) the manufacture, supply or importation as set forth in art. 8 para. (6) require the obtaining of an authorization of the product, model or type, issued by the Commission. Authorization of product model or type is not mandatory for those referred to in article 1. 8 para. (6), manufactured and/or traded lawfully in a Member State of the European Union or which are lawfully manufactured in a State signatory of the agreement on the European Economic area or in a country with which Romania has concluded an agreement of recognition in this regard, if the requirements applicable to them in that State guarantees equivalent to those under which the product is granted authorization in Romania.
  

(2) standard Sources of radiation and measuring instruments in the field of ionizing radiation must have the approval of the model issued by the Romanian Bureau of legal metrology, metrological and be verified in accordance with the provisions laid down by law. For dosimetric equipment produced in the European Union will accept the calibration and metrological verification carried out by the manufacturer.
  

(3) design, development, use, possession, and verification of measuring instruments in the field of ionizing radiation for the needs of the army are authorised by the Ministry of national defense.
  


Article 24 (1) is binding on the authorisation of quality management systems in the field of nuclear activities, design, location, construction, procurement, installation, commissioning, operating, decommissioning or for the products, services and systems that are classified as being of importance for the security of the nuclear facility.
  

(2) the authorization shall be issued by the Commission in accordance with the provisions of art. 8 and 18 and specific regulations concerning suppliers of products and services in those categories, as well as their subcontractors complain in the chain.
  

(3) the authorization referred to in paragraph 1. (1) and (2) shall be issued only if the applicant satisfies the following authorization conditions, as applicable: a) is able to demonstrate professional status, function, has knowledge of its staff, the requirements of the nuclear safety and probity of the persons who have authority to decide the leadership of activities that contribute to the realization of products, services and systems that are subject to authorisation;
  

b) responds as the rest of its staff, initially in activities that contribute to the achievement of such products, services or systems, to have the requisite level of knowledge on the effects of quality deviations of such products, services or systems over nuclear plant safety to be incorporated;
  

c) responsible for taking the necessary measures to prevent the mixture of any kind or for any third parties due to disturbances in the decision-making process and in the conduct of authorised activities;
  

d) set up and maintain a system of quality management in the field of nuclear energy in their own activities and shall ensure that its suppliers of products and services, as well as their subcontractors complain in the chain, set up and maintain their own system of quality management.
  

(4) the conditions for approval referred to in paragraph 1. (3) will be detailed in regulations issued pursuant to the provisions of art. 5. Chapter III obligations of the holder of the authorization and other natural or legal persons in article 25 (1) the holder of the authorization issued under art. 8 has the obligation and responsibility to take all necessary measures to: (a) achieving and maintaining): nuclear safety, protection against ionizing radiation, physical protection, their own plans for intervention in the event of a nuclear accident and to ensure the quality of the sources or activities related thereto;
-strict records of nuclear and radioactive materials, and of all the sources used or produced in their own activities;

b) compliance with the limits and conditions laid down in the authorization and technical reporting any instances pursuant to specific rules;
  

(c) limitation only to activities) for which it was authorized;
  

d) its development requirements, regulations and instructions that provide approved activities without unacceptable risks of any kind.
  

(2) liability for nuclear damages, caused during or as a result of accidents that may arise through the activities provided for in the authorisation or other activities that have had as a result the death, injury or bodily integrity of a person's health, destruction, degradation of the temporary impossibility to use times of any good, returns in full holder of the authorization, under the conditions laid down by law and by the international commitments to which Romania is a party.
  


Article 26 the holder of the authorization for the deployment of a nuclear activities that generate or has generated radioactive waste is obliged to respond to): management of radioactive waste generated by their own activities;
  

b) to bear the costs incurred in the collection, handling, transport, packaging and processing, temporary or definitive storage of such waste;
  

c) to pay the contribution to the establishment of legal financial sources for waste management and final storage of radioactive waste and spent nuclear fuel and decommissioning of nuclear installations.
  


Article 27 the holder of the authorization referred to in article 1. 8 is obliged: a to develop a program) preparation of overall and to submit it for approval to the Commission;
  

(b) proof of payment) to make contribution to the establishment of legal financial sources for waste management and final storage of radioactive waste and spent nuclear fuel and decommissioning of nuclear installations.
  


Article 28 (1), the suspension of validity Expiration or withdrawal does not exempt the holder of the authorization on the times at which he took the title of ownership of materials, nuclear or radiological installations, which were specified in the authorization, of the obligations laid down in article 21. 25-27 times from those arising from the conditions set out in the authorization.
  

(2) The termination or the nuclear installations decommissioning radiological, and times to transfer, in part or in whole, of nuclear and radiological facilities, the radioactive products times of nuclear materials, the holder of the authorization is required in advance to request and obtain, under the conditions provided by law, the authorization of ownership, retention, or disposal, decommissioning, where appropriate.
  


(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 cessation of nuclear activities is done according to specific regulations drawn up by the Commission under the provisions of art. 5. (5) the Commission shall establish, by means of a specific regulation issued in accordance with the provisions of art. 5 para. (3) the 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 safe deployment of nuclear activities.
  


Article 29 (1) natural persons and legal entities that extract or processing minerals associated with uranium or thorium ore body or substance that in technological processing flow are likely to contain radioactive materials have an obligation to take measures for verification of the materials and machinery on the entire cycle of production, handling, transport and storage, in order to ascertain whether they show a concentration of radioactive substances or radioactivity which exceeds a at some point, the limits of exemption from the rules laid down in article 21. 16. (2) natural persons and legal entities that carry out activities other than those referred to in paragraph 1. (1), where workers or the population are exposed to radon, toron, their descendants or other ionizing radiation, due to the natural environment, and the natural or legal persons operating aircraft have an obligation to take measures for the evaluation to assess whether activities at some point lead to radiation workers or population beyond the limits permitted for those activities, in accordance with special regulations issued by the Commission under the provisions of art. 5. (3) if the results of the assessment referred to in paragraph 1. (1) and (2) show overrunning or criteria for exemption from the rules laid down in article 21. 16, respectively, of the limits referred to in paragraph 1. (2) this activity is subject to authorisation and control regime provided for by the present law.
  


Chapter IV Inspection Regime of article 30 (1) of the operative-preventive supervision, and subsequently to ensure that the provisions of this law and the regulations issued pursuant to art. 5 shall be carried out by the representatives of the Commission, namely the entitlement, to the applicants or to the holders of authorisations. The check shall be carried out in the premises in which they carry out activities subject to the authorization regime, in any other place that could be linked to these activities or any other legal or natural person that might conduct nuclear installations, radiological or holding materials, other information sources. 2 in any of the following situations: a) for issuing the authorization requested;
  

b) period of validity of the authorization, on a regular basis or without prior warning;
  

c) on the basis of the notification to the holder of the authorization;
  

d) when there might be nuclear installations, radiological materials, times other sources or information you might conduct of the type referred to in article 1. 2. (2) the Commission may order checks, where appropriate, suspension of work, and the unavailability of seal, nuclear and radiological facilities, radioactive materials, nuclear materials, nuclear materials of interest or other materials, devices, equipment and information pertinent to the proliferation of nuclear weapons or other nuclear explosive devices, or endangering the operating times ownership.
  


Article 31 (1) the representatives of the Commission, in the exercise of their control, have the following rights: a) to have access to any premises where controlled activities to performing;
  

b) to carry out measurements and to install surveillance equipment;
  

c) require sampling and to receive samples of materials or products subject to, directly or indirectly, control;
  

d) to compel a natural or legal person controlled person from the fulfilment of the provisions referred to in the-c)) and to intercede to control expansion of its suppliers of goods and services or their subcontractors complain;
  

s) to have access to all information, technical and contractual data, in whatever form, which are necessary to achieve the objectives set out in article 40 control. 30, while respecting confidentiality, if the keepers calls it;
  

f) to compel the licence holder to submit reports, information and notifications, in the form required by the regulations;
  

g) to compel the licence holder to maintain records, in the form required by the regulations, materials, and other activities subject to control and to control these records;
  

h) receive, through the care of the applicant for or the holder of the authorization, the protective gear necessary.
  

(2) the provisions of paragraphs 1 and 2. (1) shall apply to the extent that international agreements to which Romania is a party and provide persons approved by the Romanian Government, the carrying out, in the presence of the representatives appointed by the Commission, the checks provided for in those agreements.
  

(3) Commission staff who by the nature of the activity is exposed to the action of ionizing radiation is considered personally and professionally exhibited increases what is granted for working conditions in accordance with the law. Staff list that matches personal professional law exposed, is proposed by the Commission and is approved by the Ministry of public health and the Ministry of labour, social solidarity and family.
  


Article 32 (1) representatives of the Commission have an obligation to respect throughout the examination, the conditions for approval, as they are imposed on the staff of the holder of the authorization.
  

(2) after completion of the inspection, officials of the Commission shall have the following duties: a) to conclude a protocol in which to record the results of the inspection, corrective actions and arranged the terms of solving them;
  

b) to propose suspension or revocation of the authorization or licence for exercise, as provided by law;
  

c) to propose the referral of prosecution bodies, in the cases and for prescribed by this law;
  

(d) the holder of the authorization) to order the disciplinary sanction of staff is guilty, under this law;
  

e) to apply the holder of the authorization, by persons who, according to its Statute, it represents in relation to public authorities, administrative sanctions provided for in this law for natural or legal persons;
  

f) to apply the penalties provided for in the present law administrative staff who is guilty for committing these offences.
  


Article 33 throughout the inspection, individuals and legal entities subject to control are obliged to take all necessary measures to enable the carrying out of the provisions in art. 31 and 32.


Article 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 the powers laid down by law.
  

(2) in the case of disobedience to control or disobeying the provisions related to the nuclear field, the Commission may request the competent authorities to carry out enforcement, or to undertake an investigation. The Commission may request the intervention of representatives of the Romanian General Inspectorate of police and its subordinate units to ensure the exercise of the mandate of the control referred to in article 1. 31 para. (1).
  

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Alin. (2) of article 9. 34 was amended by section 1 of article. in accordance with law No. 243 of 7 December 2010 published in Official Gazette No. 828 on December 10, 2010.

(3) in case of urgency, the Commission may undertake on its own initiative on nuclear security precautionary measures, expenditure on this activity will be borne by the budget of the Commission and to be repaid by the holder of the authorization or the legal person times physics provided according to the annex. 4, which owns the facility, radiological source of radiation involved, willingly or by execution.
  


Chapter V Powers and liability Article 35 the Commission shall carry out the following main tasks: (a)) initiates draft normative acts within its competence and shall issue its own regulations and with other competent authorities, in accordance with the law;
  

b) endorse all draft normative acts that have implications for the nuclear field;
  

c) under the law approves the contingency plans in the event of a nuclear accident and to the achievement of the intervention;
  

d) collaborates with the central authority for environmental protection and controls the activities of the network for the monitoring of environmental radioactivity;
  


e) require safety organs empowered national verification of persons with responsibilities in the area of deployment of nuclear activities, in accordance with the specific regulations issued in accordance with art. 5;
  

f) in its fields of competence can initiate, with the opinion of the Ministry of Foreign Affairs, cooperation with the International Atomic Energy Agency (A.I.E.A.), Nuclear Energy Agency (A.E.N.) and with other international organizations;
  

f ^ 1) shall pay the financial obligations to international agencies and organizations, within its competence, in accordance with the legal provisions;
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Lit. f ^ 1) article. 35 was introduced by art. 1 of law No. 343 of 22 December 2015 published in MONITORUL OFICIAL nr. 970 dated December 28, 2015.

g) cooperate, in accordance with the law, with similar institutions in other States;
  

g ^ 1) initiates the law, conclude treaties take the necessary steps at the governmental level, in its field of competence;
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Lit. g ^ 1) article. 35 was introduced by art. in accordance with law No. 200 of 22 October 2010, published in MONITORUL OFICIAL nr. 720 of 28 October 2010.
g ^ 2) concluding treaties, in accordance with the law, to the departmental level, in its field of competence;
— — — — — — — — Lit. g ^ 2) of art. 35 was introduced by art. in accordance with law No. 200 of 22 October 2010, published in MONITORUL OFICIAL nr. 720 of 28 October 2010.

h) controls, according to the law, the application of the provisions of international treaties and national rules in force on the control guarantees, physical protection, illicit trafficking, transportation of nuclear materials and radioactive, radiation protection, quality assurance in the field of nuclear safety of nuclear installations, nuclear and radiological, nuclear fuel management and radioactive waste burned and intervention in case of a nuclear accident;
  

I) set up and coordinate a national system of record and control of nuclear materials, the national system of record and control of the sources of radiation and nuclear and radiological facilities and radiation doses received register of professionally exposed personnel;
  

j) cooperates with other bodies who, according to law, in the field of safe operation of nuclear and radiological facilities, in conjunction with the requirements of environmental protection and population;
  

k) provides information to the public on aspects which come under the jurisdiction of the Commission;
  

It organizes public debates) within its sphere of competence, in accordance with the law;
  

m) is the national point of contact for nuclear safeguards, physical protection of nuclear materials and radiological installations, for preventing and combating illicit trafficking in nuclear and radioactive materials and for radiological emergencies;
  

n recovering orphan sources) features and coordinate recovery activities;
  

a construction execution) authorizes the nuclear State and controlling over the quality of construction within nuclear installations, as an exception to the law. 50/1991 authorizing execution of construction works, republished, with subsequent amendments and additions, and law No. 10/1995 of quality in construction, with subsequent amendments, which shall not apply in the case of nuclear installations;
  

p) meets any other powers, as provided by law, regulations and control of nuclear activities.
  


Article 36 authorization Regime and control of nuclear and radiological facilities under pressure shall be determined by specific technical prescriptions, issued by the national authority for boilers and installations, with the opinion of the Commission, in the light of the general criteria for the safe deployment of nuclear activities.


Article 37 (1) the central authority for environmental protection foreseen by the law organizes network of environmental radioactivity surveillance in Romania, providing the necessary information flow of the integrated system for monitoring environmental parameters.
  

(2) agreements and environmental permits, provided by law, shall issue to the central authority for environmental protection, on the basis of the criteria for approval and control provided by law with the recognition criteria and specific control contained in the regulations issued by this authority, in accordance with the provisions of art. 5, in consultation with the Commission and the Ministry of public health with respect to the monitoring and reporting of discharges of radioactive effluents into the environment as well as the radioactive contamination of the environment factors.
  

(3) Environmental Agreement, referred to in paragraph 1. (2) is the prerequisite for the issuance by the Commission of the authorization referred to in article location. 8. environmental Authorisation pursuant to paragraph 4. (2) will be issued after obtaining authorization from the Commission's trial run and after authorization has been operating under article 4. 8, for situations where the Commission shall issue an authorization for the operation without first being issued a licence for the trial run.
  

(4) the central authority for environmental protection shall, whenever necessary, the Commission and the Ministry of administration and interior of its findings in the surveillance activity carried on and cooperate with them in order to establish the measures necessary.
  


Article 38 (1) the Ministry of public health shall authorize: (a) the introduction into the economic circuit) and social, for use or consumption by the population, of products which have been subjected to irradiation or containing radioactive material;
  

b) introduction into the field of medical diagnosis and medical treatment of sealed sources, open devices generating ionising radiation and pharmaceutical products containing radioactive materials.
  

(2) the application for authorisation is made by natural or legal persons who carry out the activities referred to in paragraph 1. (1) and (3) the Ministry of public health shall develop its own rules for authorization and control for that purpose, in compliance with the provisions of art. 5 and in consultation with the Commission and the ministries concerned.
  


Article 39 (1) the Ministry of public health to organize: law) network for the monitoring of radioactive contamination of foodstuffs, the entire circuit, including drinking water supplies, and other items intended for use by the population. It will ensure the supervisory activity of the radioactive contamination of these goods and products originating in the country or imported, for use on the territory of Romania;
  

b) epidemiological surveillance system health status of staff exposed to conditions and hygiene in establishments in which nuclear activities are conducted. It also follows the influence of such activities on the health of the population and issue notices provided for by the regulations in force.
  

(2) the Ministry of public health shall, whenever necessary, the Commission and other ministries concerned of its findings in the work of supervision and cooperate with them in order to establish common measures to be taken.
  


Article 40 (1) Coordinating the planning of intervention in the event of a nuclear accident, in compliance with the provisions of this law, shall be ensured by the law suit, the ministerial Committee for emergency situations Ministry of administration and Interior, with the cooperation of all organs of Central and local public administrations with competences in the matter.
  

(2) an intervention Plan in the event of a nuclear accident in nuclear installations for the site is developed by the user, the holder of the authorization, together with all Central and local public authorities and organizations involved in the preparation and the conduct of intervention in the event of a nuclear accident, in accordance with the requirements of regulations issued under art. 5. (3) contingency plans in the event of radiological emergency, caused by nuclear accidents in nuclear installations located in the territory of other States that may affect cross-border-effects through Romanian territory, as well as general intervention plans off-site nuclear installations on the territory of Romania shall be drawn up by the General Inspectorate for emergency situations within the MOAI.
  

(4) Central and local public Authorities with competences in the field of training and deployment of intervention in the event of a nuclear accident shall draw up its own plans, correlated with the general plan.
  

(5) the plan referred to in paragraph 1, the intervention. (2) approved by the Commission, those specified in paragraph 2. (3) approved by the ministerial Committee for emergency situations within the MOAI, and those referred to in paragraph 1. (4) be approved by the heads of Central and local public authorities, with the opinion of the General Inspectorate for emergency situations within the MOAI.
  


(6) the applicability of the intervention plan is controlled and are evaluated periodically: at paragraph. (2), by the Commission, and those set out in paragraph 1. (3) and (4), by the General Inspectorate for emergency situations within the MOAI.
  


Article 41 operations with import and export goods and dual-use technologies in the nuclear field, as set out in the annex. 1, approved in accordance with the law, by the National Agency for Export Control, the national authority in the field of exports of goods and technologies with dual-use, upon presentation of an import/export authorization issued by the National Commission for Nuclear Activities Control.


Article 42 ANV from Ministry of public finance control and will admit the entry into the country or leaving the country, on the basis of authorisation issued by the Commission, of the goods in respect of which this Act requires authorization.


Chapter VI Sanctions Article 43 violations of the provisions of this law shall entail liability, disciplinary, administrative, civil or criminal, as appropriate.


Article 44 (1) a of the activities referred to in article 1. 2, article 30. 24 para. (1) in article 1(2). 28 para. (2) and in article 8. 38 para. (1) without having proper authorisation 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: 2(a) concerning the research,) the design, construction, location, ownership or nuclear installations, Assembly preservation; art. 2(a) b); art. 2(a) d) concerning the means of transport or containerizare of radioactive materials, specially designed for this purpose; art. 2(a) g); art. 24 para. (1) and in article 8. 38 para. (1);
  

b) with imprisonment from 2 to 7 years and the prohibition of certain rights, for carrying out unauthorized activities referred to in: 2(a) regarding the) commissioning, trial operation, operation, modification, decommissioning, importing and exporting of nuclear installations; art. 2(a) c) if nuclear materials, radiological installations or radioactive, radioactive waste and radiation generators pose a risk especially nuclear radiological times; art. 2(a) e) and (f)) and art. 28 para. (2) if the nuclear or radioactive materials, radioactive waste and radiation generators pose a risk of nuclear radiological times.
  

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Lit. b) of paragraph 2. (1) of article 1. 44 was amended by section 1 of article. 61 of Act No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.

(2) Attempt to offences referred to in paragraph 1. (1) (a). b) is punishable.
  


Article 45 (1) removal from service, in whole or in part, of the supervisory and control equipment installed under the conditions of art. 31 para. (1) (a). b) and para. (2) without having reasons arising from nuclear safety requirements of radiation protection times, if the deed does not constitute a more serious offence, shall be punished with imprisonment from three months to two years or by a fine.
  

(2) If the Act referred to in paragraph 1. (1) it is committed through negligence, the penalty is imprisonment of one month to one year or a fine.
  

(3) to prevent by any means of access to any place the Commission representatives in the activities under scrutiny constitutes infringement and is punishable with imprisonment from one year to five years and the prohibition of certain rights.
  

(4) Prevent, without, in the event of a nuclear accident, intervention staff penetration within the areas in which the nuclear activities constitutes infringement and is punishable with imprisonment from 2 to 7 years and the prohibition of certain rights.
  

(5) the intrusion without, in any way, in a space, the room or area delineated and marked the nuclear activities. 2(a) a)-(f)), without the consent of the person who uses them, or denying them leave to request constitutes infringement and is punishable with imprisonment from one year to five years.
  

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Art. 45 was amended by paragraph 2 of article 9. 61 of Act No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 46 (1) development, manufacture, possession, import, export, transit or detonation of nuclear weapons or of any nuclear explosive devices shall be punishable by imprisonment for 10 to 25 years and the prohibition of certain rights.
  

(2) the attempt shall be punishable.
  

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Art. 46 was amended by section 3 of article 9. 61 of Act No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 47 Repealed.
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Art. 47 was repealed by paragraph 4 of art. 61 of Act No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 48 Constitute contraventions the following facts: (a) failure to meet reporting obligations). 25 para. (1) (a). b) and in article 8. 31 para. (1) (a). f);
  

(b) failure to comply with the limits and) the conditions laid down in the authorizations issued pursuant to the provisions of art. 8;
  

c) to comply with neducerea, within the period prescribed, the provisions given in writing, against a receipt, of the Commission, or through the report of the Supervisory Board, its representatives;
  

d) use in the activities referred to in article 1. 2 staff who does not have the necessary training, personal or unverified rejected periodic examinations whenever staff who do not possess the appropriate licence for the exercise, referred to in art. 9;
  

e use of staff) does not prove your knowledge and skills, or do they apply to work done, with implications on the operation of the nuclear facility safely times radiological nuclear safety risks associated with or relating to nuclear safety measures applicable;
  

f) infringements of the provisions laid down in article 21. 25 para. (1) (a). of persons) have the right to control the decision making in the management of work, during the completion of the overall operation of the plant, nuclear or radiological times;
  

failure to comply with obligations). 25 para. (1) (a). d) If this generates unacceptable risks of any kind;
  

h) use by persons authorised to radioactive materials, devices generating ionising or nuclear facilities assigned for other purposes or for operations other than those established for the performance of duties;
  

I) pursuit of nuclear activities without the corresponding permit for the exercise; 9;
  

j) failure by the reauthorisation, determined by specific regulations, prior to the expiry of the old authorization;
  

k) the production and supply of approved dosimetric control apparatus of ionizing radiation and materials and devices used for protection against ionizing radiation;
  

the Commission's failure to give it), the time limit laid down in the specific regulations, theft, theft of radiological installations, nuclear material and/or radioactive or nuclear incident or accident in the plant's nuclear or radiological;
  

m) of an activity referred to in article 1. 2(a) (c)), where the Commission finds that nuclear or radioactive materials, radioactive waste and radiation generators do not pose a risk of nuclear or radiological particularly;
  

n) violation of article 10. 391. (3);
  

a violation of article 3.) 25 para. (1) (a). c), art. 26 and 27;
  

p) violation of article 10. 28 para. (2) where the Commission finds that nuclear or radioactive materials, radioactive waste and radiation generators do not pose a risk of nuclear or radiological particularly;
  

failure to comply with the provisions of article q). 29;
  

failure to fulfil obligations). 31 para. (1) (a). (e) relating to the granting of access to the House of representatives).
  


Article 49 (1) the Offences referred to in articles. 48 lit. I) and k) are sanctioned by a fine from 100 lei to 3,000 lei.
  

(2) the Offences referred to in articles. 48 lit. a), c), (d)),),) and r) is sanctioned with a fine from 3,000 to 10,000 lei lei.
  

(3) the Offences referred to in articles. 48 lit. b), f), (g)),),),),),), p) and (q)) is sanctioned with a fine of from 2,000 to 20,000 lei lei.
  

(4) the limits of administrative fines shall be updated by means of a decree of the Government.
  


Article 50 the finding and applying the Contraventions are carried out by agencies of the Commission representatives.


Article 51 the provisions of Ordinance No. 2/2001 relating to the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented, except the provisions of article 7. 28 para. (1) and (3) and of article 23. 29, are applicable to the offences provided for in this law.


Article 52


Nuclear and radiological facilities, components thereof, nuclear fuel, radioactive products, including radioactive waste, nuclear explosive devices or components thereof, which were subject to confiscation under the penal code, must be kept in a safe place, under seal, public authorities in compliance with the requirements of the nuclear security until the disposition of the legal measures relating thereto.
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Art. 52 was amended by section 5 of art. 61 of Act No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Chapter VII transitional and final Provisions Article 53 shall, whenever necessary, for reasons of State, nuclear fuel and radioactive products can be rechiziţionate in accordance with the law.


Article 54 any natural or legal person who has suffered injury as a result of abuses committed by the Commission or other body referred to in this law may make the complaint within 30 days, to the administrative court.


Article 55 (1) Authorization and licences issued before the entry into force of the present law shall retain its validity until the time limit expires.
  

(2) the provisions of this law shall also apply to applications for authorisation pending on the date of entry into force of the latter.
  

(3) any person who at the date of entry into force of this law to carry out activities for which procedure applies for authorisation and control provided for in chapter II. II, IV and V of this law, is obliged to seek authorization, within 6 months after the entry into force of the law, though this was not necessary before entry into force of this law.
  


Article 56 (1) at the time of accession of Romania to the European Union article 7 shall be repealed. 2(a) a), c), (e) and (f))) and art. 8 of this Bill on the import, export and transit towards the European Union and from the States.
  

(2) at the time of accession of Romania to the European Union, control of nuclear safeguards must be implemented in accordance with the EURATOM Treaty.
  


Article 57 (1) pending the entry into force of the regulations issued under the provisions of art. 5, shall apply the provisions of regulations issued before entry into force of this law.
  

(2) the regulations issued under this law shall be published in the Official Gazette of Romania, part I.
  


Article 58 appendices. 1-4 are an integral part of this law.


Article 59 the present law shall enter into force 60 days after its publication in the Official Gazette of Romania, part I.


Article 60 of law No. 61/1974 with respect to conduct nuclear activities from Romania and law No. 6/1982 concerning quality assurance goals and nuclear installations, as well as any other provisions contrary to this law are hereby repealed, with the exception of the provisions relating to the promotion and pursuit of the activity of scientific research in the nuclear field.


Annex 1 LIST of materials, devices, equipment and information pertinent to the proliferation of nuclear weapons and other nuclear explosive devices 1. materials of interest relevant to nuclear proliferation of nuclear weapons and other nuclear explosive devices;
2. equipment and components specially designed or manufactured related to nuclear reactors;
3. related equipment especially designed and manufactured for fuel reprocessing plants burned;
4. equipment specially designed or prepared for the conversion of plutonium plants;
5. related equipment specially designed or manufactured nuclear fuel factories;
6. related equipment specifically designed or fabricated for the plant for the separation of isotopes of uranium;
7. related equipment for factories or plants for the separation of lithium isotopes;
8. related equipment specially designed for the production of plants or heavy water concentration of deuterium and tritium, to their compounds;
9. test and measurement equipment used in the manufacture of nuclear explosive devices;
10. components for nuclear explosive devices;
11. industrial equipments specially designed and prepared for use in the manufacture of materials, devices and equipment referred to in paragraph 1-10, including of nuclear material;
12. specific information that relates to unpublished materials, devices and equipment referred to in point 1-11.
Detailed list of materials, devices, equipment and information pertinent to the proliferation of nuclear weapons and other nuclear explosive devices, as set out in this annex, shall be determined by decision of the Government, in compliance with the provisions of the treaties, agreements, conventions and other international agreements to which Romania is a party.


Annex 2 DEFINITIONS referred to in article 1. 3 of law 1. nuclear accident-nuclear event affecting the plant and causes contamination of the population irradiation times or the environment beyond the limits permitted by the regulations in force;
2. nuclear activity-any practice which introduces human sources or additional exposure routes, expand exposure to a greater number of people or modifies the network of routes of exposure, based on existing sources, increasing exposure times the probability of exposure of humans or the number of persons exposed;
3. the competent national authority in the field of nuclear activities for peaceful purposes-authority established by law and with the legal competence to regulate nuclear activities for peaceful purposes, for the approval of these activities and control of how their progress;
4. authorization-document issued by the competent national authority in the field of nuclear activities, peaceful purposes, on the basis of an evaluation of the nuclear safety and control, by a legal person, at its request, for nuclear icebreakers;
5. nuclear fuel cycle-the ensemble of operations that includes extraction and processing of ores and uranium enrichment and nuclear fuel fabrication, toriului, operation of nuclear reactors, reprocessing nuclear fuel, decommissioning, all radioactive waste management or any research and development associated with one of the transactions mentioned above;
6. nuclear-material or an Assembly mechanic containing raw nuclear fissile material particular times specially intended for use in a nuclear reactor to produce nuclear energy;
7. radioactive waste material resulting from those nuclear activities, for which no provision was made for any use that contain or are contaminated with radionuclides in concentrations higher exemption limits;
8. ionizing radiation-generating devices, devices that produce radiation, neutrons or charged particles;
9. radiological installation-ionizing radiation generator, plant, apparatus, device that extracts times produces, processes or contains radioactive material, other than those defined in point 10;
10. nuclear facility: a) any nuclear reactor, except one with which it is equipped with a means of shipping air times to be used as a source of power, if it is intended for propulsion or for any other purpose;
  

b) any nuclear fuel plant that uses for the production of nuclear materials, including any metallurgical plant of irradiated nuclear fuel;
  

c) any facility where nuclear materials are stored, except for storage in order to transport nuclear materials. Nuclear installations belonging to a single carrier, which is on the same site, will be treated as a single nuclear installation;
  

11. Technical Institute-support unit with expertise, studies on the premises of the nuclear plants, reactor physics, non-destructive examinations, analyses and assessments of nuclear safety, decommissioning of nuclear installations, nuclear quality management assessments of radioactive waste, as well as research and development in the field of nuclear safety, radiation protection, radioactive waste management, radiation protection, natural and induced environmental, radioecologiei and radiobiologiei, radiological emergencies in the event of a nuclear accident in accordance with national and international requirements;
12. nuclear-uranium raw material containing a mixture of isotopes found out in the wild; uranium depleted in the isotope 235; thorium; whatever their form, metal, alloy, chemical composition or strength;
13. nuclear material of interest-heavy water, graphite, zirconium and other materials which, because of the specific nuclear properties are particularly important to the field of nuclear energy;
14. special fissionable material-plutonium, uranium 233, uranium enriched in the isotope 235 or 233 isotope; any material artificially enriched in any of the abovementioned isotopes;
15. radioactive material means any material, in any State, showing the phenomenon of radioactivity, including radioactive waste;
16. nuclear material-any raw nuclear fissile material and any particular;
17. uranium and thorium ore-mineral substance in the spring or extracted by mining methods which has a content of uranium and/or thorium of more than 0,004%;

18. mining uranium and toriului-prospection, exploration, opening, preparation and operation of uranium and thorium ore, and decommissioning of uranium and thorium mines, including the restoration of the environment contaminated with uranium mining and toriului;
19. contingency plan-the range of measures applicable in the event of a nuclear accident;
20. preparation of ores of uranium and thorium ores processing uranium and thorium in the laboratories of physico-chemical analysis, laboratory technology, pilot stations and industrial installations, maintenance and decommissioning of processing plants, including final storage of radioactive waste and restoring contaminated environment;
21. the radioactive product-any radioactive material obtained in the course of production times of a nuclear fuel, or any material that has become radioactive through exposure to radiation, with the exception of radioisotopes which have reached the final stage of preparation and are likely to be used for scientific purposes, special medical, social, commercial or industrial buildings;
22. the vital work-an area where the nuclear materials, equipment, devices or systems that may be vulnerable to the actions of sabotage or theft;
23. ionizing radiation radiation-any of the following: Alpha, beta, gamma, X, neutrons, electrons, protons or other charged particles (this does not include radio waves, infra-red, visible radiation, ultraviolet radiation, as well as laser, ultrasound, etc.);
24. technical regulations-norm, methodological guidelines, instructions, procedures, or organizational and technical conditions concerning the authorization and monitoring of nuclear activities, nuclear binding, issued by the competent authority in accordance with article 4. 5 of the Act;
25. risk of a radiological nuclear installations, nuclear material, radioactive material, radioactive waste or radiation generator-possibility that in case of loss of control to be charged as a result of a single event of this sort an individual dose higher than annual dose limit for a person in the population or a collective dose ten times greater than the annual dose limit for a person in the population;
26. the risk of nuclear material nuclear-nuclear material is believed to have a nuclear risk if they are in total quantities exceeding 10 times the exemption values of the authorization stipulated by the fundamental rules of radiological security;
27. nuclear safety-belt assembly of technical and organizational measures to ensure the operation of nuclear facilities safely, prevent and limit their damage and to ensure the protection of personnel professionally occupied population, the environment and material goods against radiation or radioactive contamination;
28. the system of quality management-quality management system is established and maintained in accordance with the specific regulations issued by the Commission under the control of it;
29. sources of ionizing radiation transmitter and any radioactive material;
30. orphan sources-sources coming from practices of the past, illicit trafficking or lost, which is not under the control of the holder of the authorization;
31. all mining equipment mining works and installations from the surface and from underground, through the extraction and transport of ore and tips, aerajul and water discharges, including waste management facilities, which together make up a mine or a quarry;
32. preparation plant construction and all existing installations on the flow, which contributes to the preparation of minerals, including waste management facilities associated with;
33. facility management of radioactive waste from mining and preparation of ores of uranium and thorium-totality of constructions and installations to ensure the collection, transport, processing, conditioning and final storage of radioactive waste, including: a) or dump Dumps belonging to a mine prospecting or mining the ore mines of uranium and thorium;
  

b) radioactive facility decontamination liquid effluents coming from mining and preparation of ores of uranium and thorium;
  

c) final storage pond or some other specially landscaped site intended for final storage and radioactive waste from uranium ore preparation and thorium;
  

34. uranium ore-deposit in substance or extracted by mining methods, which has a uranium content of more than 0,004%;
35. thorium ore-deposit in substance or extracted by mining methods, which has a higher content of thorium 0.012%;
36. illicit trafficking in any action involving the unauthorized nuclear activity of possession, transfer, import and export of nuclear materials, nuclear, radioactive material interest, the equipments and devices which are relevant to the proliferation of nuclear weapons and of nuclear and radiological facilities.


Annex 3 the control of nuclear activities 1. National Commission for Nuclear Activities Control.
2. Public health authorities and the municipality of Bucharest.
3. The National Guard.
4. the State Inspection for Control of boilers, pressure Vessels and plants raised ISCIR in the Ministry of economy and trade.
5. the ministerial Committee for emergency situations within the MOAI.
6. The General Inspectorate of the Romanian police and subordinated units.
— — — — — — — — — — section 6 of Schedule 3 was amended by paragraph 2 of article 9. in accordance with law No. 243 of 7 December 2010 published in Official Gazette No. 828 on December 10, 2010.
7. The Labour Inspectorate of the Ministry of labour, social solidarity and family.
8. The National Agency for Export Control.
9. National Customs Authority within the Ministry of public finance.
10. the Bureau of legal metrology.


Annex 4 list of units without legal personality that may be authorised under the conditions of art. 8 para. (3) 1. Medical practices established under the Government Ordinance. 124/1998 on the organisation and operation of the surgeries, republished, with subsequent amendments and additions 2. Radiology practice for related public services set up under the Act, Government Emergency Ordinance nr. 83/2000 3. Legally established units, subordinated to ministries with the prior agreement of the legal person which includes 4. Legally established units from the autonomous administrations, national companies or major companies, which have obtained the prior consent of the legal entity of this list may be supplemented by decision of the Government.

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