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Law No. 193 Of 13 May 2003 Amending And Completing Law No. 111/1996 Concerning The Safety Of Nuclear Activities

Original Language Title:  LEGE nr. 193 din 13 mai 2003 pentru modificarea şi completarea Legii nr. 111/1996 privind desfăşurarea în siguranţa a activităţilor nucleare

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LEGE no. 193 193 of 13 May 2003 to amend and supplement Law no. 111/1996 on the safe conduct of nuclear activities
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 343 343 of 20 May 2003



The Romanian Parliament adopts this law + Article 1 Law no. 111/1996 on the safe conduct of nuclear activities, republished in the Official Gazette of Romania, Part I, no. 78 of 18 February 1998, as amended and supplemented, shall be amended and supplemented as follows: 1. Letters a), c), d) and f) of Article 2 shall read as follows: " a) research, design, possession, location, construction, assembly, commissioning, trial operation, operation, modification, conservation, decommissioning, import and export of nuclear installations; ............................................................... c) production, location and construction, supply, rental, transfer, handling, possession, processing, treatment, use, temporary or definitive storage, transport, transit, import and export of radiological installations, nuclear and radioactive materials, including nuclear fuel, radioactive waste and ionising radiation-generating devices; d) the production, supply and use of the dosimetric control apparatus and the ionizing radiation detection systems, materials and devices used for the protection against ionizing radiation, as well as the means of containerisation or transport of radioactive materials, specially designed for this purpose; .............................................................. f) the possession, transfer, import and export of unpublished information, related to materials, devices and equipment pertinent to the proliferation of nuclear weapons or other explosive nuclear devices, set out in Annex no. 1 1 to this Law; " 2. in Article 2, the letter h) shall be inserted after point g) with the following contents: "" h) the production of products and services intended for radiation sources, dosimetric control equipment, ionising radiation detection systems, materials and devices used for the protection against ionising radiation. ' 3. Article 4 shall read as follows: "" Art. 4. -(1) The national nuclear power authority, which exercises the regulatory, authorization and control powers provided for in this Law, is the National Commission for the Control of Nuclear Activities, a public institution of interest national, with legal personality, based in Bucharest, led by a president with the rank of state secretary, coordinated by the Ministry of Water and Environmental Protection. (2) The Regulation on the organization and functioning of the National Commission for the Control of Nuclear Activities, hereinafter referred to as the Commission, is hereby approved by the Government. ((3) The financing of the commission shall be ensured in full from the extra-budgetary income obtained from the tariffs for the authorization and control of the nuclear activities 2 2 and contributions from international bodies or economic operators. (4) The authorization fees of the activities referred to in art. 2 are made income to the state budget. (5) The staff of the commission shall be employed and relieved of their duties in accordance with the rules of organization and functioning of the commission, the collective agreement and the legal regulations in force. (6) The Commission may have in its subordinate technical institutes support, established by Government Decision. " 4. Paragraph 1 of Article 5 shall read as follows: "" Art. 5. -(1) The Commission shall be empowered to issue regulations for the breakdown of general nuclear safety requirements, protection against ionising radiation, quality assurance, non-proliferation of nuclear weapons, physical protection, transport of radioactive materials, radioactive waste management and nuclear fuel, intervention in the event of a nuclear accident, including procedures for the authorisation and control, achievement of products and services intended for nuclear installations as well as any other regulations necessary for the activity of authorization and control in the nuclear field. " 5. Article 7 shall read as follows: "" Art. 7. -The import of radioactive waste and burned nuclear fuel is prohibited, except in situations where the import flows directly from the processing, outside the territory of Romania, of an export, previously authorized, of radioactive waste or nuclear fuel burned, based on the provisions of international agreements or contracts concluded with commercial partners based abroad, under the conditions provided for by this Law. " 6. paragraphs 1 and 4-(7) of Article 8 shall read as follows: "" Art. 8. -(1) The activities and sources provided for in art. 2 2, with the exception of the transport activities of the ionizing radiation generating devices, the use of the dosimetric control equipment and the ionizing radiation detection systems, as well as those provided in lett. h) of the same article, requires authorization issued by the commission, in compliance with the authorization procedure specific to each kind of activity or sources, in accordance with the provisions of art. 5. ................................................................ (4) The authorizations provided in par. ((1) is requested and, respectively, shall be issued, simultaneously or successively, separately for each type of activity or for each nuclear or radiological installation with its own functionality, of the applicant's patrimony, or for each type distinct from radioactive material, ionising radiation generator, dosimetric control apparatus of ionising radiation or the degree of radioactive contamination, material or device used for the purpose of protection against ionising, means of containerisation or transport radiations specially arranged in this purpose, which the applicant for the production authorisation intends to carry out, for use or marketing. ((5) The authorization of a phase of realization or operation of any nuclear or radiological installation may be done only if the previous phases have received all the necessary types of permits. (6) Within the meaning of paragraph ((5), the phases of authorisation of nuclear or radiological installations are, where appropriate, the following: a) design; b) location; c) production; d) construction and/or assembly; e) commissioning; f) probationary operation; g) exploitation; h) repair and/or maintenance; i) modification; j) conservation; k) decommissioning. (7) Partial authorisations may be issued for the phases of implementation or operation of nuclear and radiological installations. " 7 paragraphs 1 and 3 of Article 9 shall read as follows: "" Art. 9. -(1) The holder of the authorization provided in art. 8 will use in the activities provided in art. 2 lit. a)-c) only personnel who are the holder of an exercise permit, valid for these activities. ................................................................. (3) The exercise permit shall be issued, on the basis of an evaluation and examination, by the commission or by the authorization holder, only for its own staff, according to the provisions of the specific regulations issued by the commission according to the provisions art. 5 5. " 8. in Article 9, after paragraph 3, paragraphs 4 and 5 shall be inserted as follows: " (4) A condition prior to the issuance of the exercise permit is obtaining the specific medical opinion, based on the regulations issued by the Ministry of Health and Family in accordance with the provisions of art. 5. ((5) The opinion of the competent national safety bodies for staff to carry out professional activities, whether permanent or temporary, in the vital work points of the nuclear facilities or having access to the documents of a secret nature are necessary in accordance with the legal provisions in the field and with the specific regulations issued by the commission according to the 5 5. " 9 9. The letter a) of paragraph 3 of Article 10 shall read as follows: " a) to pay on behalf of the commission the tariffs for the authorization and control of nuclear activities, in accordance with the regulation provided for in Article 5 5 para. ((6); ' 10 10. The letter b) of Article 11 shall read as follows: " b) the measures ordered according to the head are not fulfilled, in full and at the time limit IV of control bodies empowered by this law; " 11. in Article 16, after paragraph 2, paragraph 3 is inserted as follows: "" (3) The exemption from the application of the authorization regime, provided in par. ((1), does not exempt the holder of radioactive sources and materials exempted from their surrender as radioactive waste after the end of use, if the instructions for use of the manufacturer, importer or supplier make it compulsory compliance with this requirement. " 12 12. The letter a) of paragraph 1 of Article 18 shall read as follows: "" a) it is able to demonstrate its professional qualification, its functions, its personnel, its knowledge of the requirements of the regulations on nuclear safety and the protection against ionising radiation, and its probity persons having decision-making authority in the management of the works during the construction and operation of the nuclear and radiological installation or in the management of other nuclear activities, of those mentioned in that Article; 13. In Article 18 (1), the letters of ^ 1 and ^ 2 shall be inserted after letter a) with the following contents: " a ^ 1) responds that personnel who carry out professional, permanent or temporary activities in vital work points within nuclear facilities or who have access to documents of a secret nature are trustworthy and endorsed according to the law on national security bodies; a ^ 2) is able to demonstrate that it has the technical facilities, technologies and material means necessary to carry out the activities; " 14 14. The letters d), g) and k) of paragraph 1 of Article 18 shall read as follows: "" d) take all necessary measures, at the level of the technological and scientific rules in force, in order to prevent the damage resulting from the construction and operation of the nuclear or radiological installation; ............................................................... g) proposes a site of the nuclear or radiological installation that does not contravene the legal provisions and priority public interests, regarding the non-compliance of water, air and soil, and does not affect the operation of other installations located in Neighborhood; ............................................................... k) establish and maintain in its own activity a controlled quality management system, authorized by the commission, and ensure that its suppliers of products and services, and their sub-suppliers, in the chain, establish and maintain their own system controlled quality management. " 15. After paragraph 1 of Article 18, paragraph 1 ^ 1 shall be inserted as follows: " (1 ^ 1) Establishment and maintenance of the systems provided in par. (1) may also be made by contracting the respective services with other holders, if they are authorized under this law. " 16. Paragraph 2 of Article 18 shall read as follows: " (2) The conditions of authorization provided in par. (1) and (1 ^ 1) will be detailed in the regulations issued according to the provisions of art. 5 5. " 17. Paragraph 1 of Article 20 shall read as follows: "" Art. 20. --(1) The transport of nuclear fuel outside the premises of nuclear installations or outside the places where nuclear fuel is kept in custody shall be carried out only by transport agents or carauses authorised for that purpose, in compliance with art. 8 8 and 18. " 18. Article 22 shall read as follows: "" Art. 22. -(1) The import, export or transit authorization provided for in art. 8, shall be issued only under the following conditions, as applicable: a) in the activity of decision-making control over import, export or transit operations, for which the authorization is requested, the applicant for the authorization will use persons who prove competence and probity, in accordance with regulations in force; b) in the case of import, the applicant shall undertake to ensure compliance with the provisions of this law, of the regulations issued in accordance with the provisions of 5 and the international commitments made by Romania in the field of nuclear energy, to deliver the products and information only to beneficiaries authorized for this purpose, in accordance with the provisions of art. 8 8 and 18, and to report immediately to the commission on the entry into the country of imported products and information; c) in the case of export, the applicant for authorization shall obtain from its external partners the necessary guarantees showing that they will not use the products or information exported for purposes that harm the international obligations assumed Romania or national security. It will also demonstrate that the export meets the provisions of this law and other specific regulations. (. The exporter and the importer shall be obliged to report immediately to the commission on the exit from, respectively, the entry into the country of the products and information exported or imported. (3) The holder of the transit authorization shall immediately report to the commission both on the entry and on the exit from the country of the transited products. " 19. Paragraph 1 of Article 24 shall read as follows: "" Art. 24. -(1) It is mandatory to authorise the quality management systems in the nuclear field of design activities, location, procurement, construction, assembly, commissioning, operation, decommissioning or preservation for the products, services and systems which are classified as important for the safety of the nuclear facility. " 20 20. The letter d) of paragraph 3 of Article 24 shall read as follows: "" d) establish and maintain a controlled nuclear quality management system in its own business and ensure that its suppliers of products and services as well as their sub-suppliers in the chain establish and maintain their own controlled quality management system. " 21. Paragraph 1 of Article 28 shall read as follows: "" Art. 28. -(1) The expiry of the validity, suspension or withdrawal of the authorisation shall not exempt the holder of the authorisation or the holder of the title on the materials, nuclear or radiological installations, which have been specified in the authorization, of the obligations provided in art. 25 25-27 times those arising from the conditions laid down in the authorization. " 22. After paragraph 3 of Article 28, paragraph 3 (1) is inserted as follows: " (3 ^ 1) The cessation of nuclear activities is done in accordance with the provisions of the specific regulations elaborated by the commission, according to the 5 5. " 23. Paragraph 2 of Article 29 shall read as follows: " (2) Natural and legal persons who carry out activities other than those mentioned in par. ((1), in which workers or the population are exposed to radon, toron, their offspring or other ionising radiation, due to the natural environment, and natural or legal persons exploiting aeroplanes are required to take assessment measures to notes whether the activities carried out lead at a time to the irradiation of workers or the population beyond the limits allowed for the respective activities, according to the specific regulations issued by the commission according to the 5 5. " 24. After paragraph 2 of Article 29, paragraph 3 is inserted as follows: " (3) If the results of the assessments provided in paragraph ((1) and (2) show exceeding the limits or criteria for exemption from the regulations provided in art. 16 16, respectively of the limits provided in par. ((2), that activity is subject to the authorization and control regime provided for by this Law. " 25. Article 30 shall read as follows: "" Art. 30. -(1) Preventive, operational and subsequent control of compliance with the provisions of this law and regulations issued in accordance with art. 5 shall be carried out by the representatives of the commission, namely empowered, to the applicants or to the holders of authorisations. The control shall be carried out on the premises where they carry out activities subject to the authorisation regime, in any other place which may relate to these activities or to any other natural or legal person who may carry out activities, holds nuclear or radiological installations, materials, other sources or information provided in art. 2, in any of the following situations: a) in order to issue the requested authorization b) during the period of validity of the authorization, periodically or unannounced; c) on the basis of the notification d) when there could be nuclear or radiological installations, materials, other sources or information or it could be carried out activities between those provided in art. 2. (. The inspection carried out by the Commission may, where appropriate, order the suspension of the work carried out and the freezing of nuclear and radiological installations, radioactive materials, nuclear materials, materials of nuclear interest or other materials, devices, equipment and information relevant to the proliferation of nuclear weapons or of other explosive, unauthorised or dangerous nuclear devices in operation or possession. '; 26. After paragraph 2 of Article 31, paragraph 3 is inserted as follows: " (3) The staff of the commission who by the nature of the activity is exposed to the action of ionizing radiation is considered personally exposed professionally and benefit from the bonuses granted for working conditions according to the provisions of the The list of personnel who meet the conditions of personnel exposed professionally, according to the law, is proposed by the commission and is endorsed by the Ministry of Health and Family and the Ministry of Labour and Social Solidarity. " 27. Paragraph 2 of Article 34 shall read as follows: "" (2) In case of disobedience or disobedience to nuclear-related 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 to ensure the exercise of the control mandate provided in 31 31 para. ((1). ' 28. After paragraph 2 of Article 34, paragraph 3 is inserted as follows: "" (3) In the event of an emergency, the Commission may undertake on its own initiative nuclear safety precautionary measures, the expenditure related to this activity will be borne by the budget of the commission and be reimbursed by the holder of the authorization of the legal or natural person provided for in Annex no. 4, which holds the radiological installation or source of radiation involved, willingly or by forced execution. " 29. Article 35 shall read as follows: "" Art. 35. -The Commission exercises the following main tasks a) proposes the initiation of draft normative acts in the field and issues its own and common regulations with other competent authorities, according to the law; b) endorses all draft normative acts that have implications for the nuclear field; c) approve, according to the law, the intervention plans for nuclear accident cases and participate in the intervention; d) collaborate with the central authority for environmental protection and control the activities of the environmental radioactivity surveillance network; e) require the competent bodies in the field of national security to verify persons with responsibilities in the field of nuclear activities, in accordance with the specific regulations issued according to 5 5; f) 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 specialised international regulations and control of nuclear activities; g) cooperate, under the law, with similar institutions in other states; h) controls the application of the provisions of the international agreements in force on the control of guarantees, physical protection, illicit trafficking, transport of nuclear and radioactive materials, radiation protection, quality assurance, nuclear safety of nuclear and radiological installations and intervention in the event of a nuclear accident; i) establish and coordinate the national system of record and control of nuclear materials, the national system of record and control of radiation sources and nuclear and radiological installations and the register of radiation doses received by personnel professionally exposed; j) cooperate with other bodies that have, according to the law, attributions in the field of safe operation of nuclear and radiological installations, in correlation with the requirements of environmental protection and of the population; k) ensure public information through official publications, press releases; l) organize hearings or inquiries, as appropriate; m) constitutes a national contact point for nuclear safeguards, for the physical protection of materials, nuclear and radiological installations, for the prevention and combating of illicit trafficking of nuclear and radioactive materials and for emergencies radiological; n) order the recovery of orphan sources and coordinate recovery activities; o) authorizes the execution of nuclear-specific constructions and exercises state control over the quality of construction within nuclear facilities, as an exception to Law no. 50/1991 on the authorization of the execution of construction works, republished, with subsequent amendments and completions, and Law no. 10/1995 on quality in construction, as amended, which will not apply to nuclear installations; p) performs any other duties, provided by law, in the field of regulations and control of nuclear activities. " 30. Article 36 shall read as follows: "" Art. 36. -The procedure for the authorisation and control of nuclear and radiological installations under pressure shall be established by specific technical prescriptions, issued by the national boiler and installation authority, with the opinion of the Commission, taking into account the general criteria for the safe deployment of nuclear activities. '; 31 paragraphs 1, 3 and 4 of Article 37 shall read as follows: "" Art. 37. -(1) The central authority for environmental protection 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 of monitoring environment. ................................................................ (3) The environmental agreement, provided in par. (2), is a prerequisite for the issuance by the commission of the location authorization provided for in art. 8. The environmental authorization provided in par. (2) will be issued after obtaining from the commission the authorization of trial operation, respectively after the issuance of the operating authorization provided for in art. 8, for situations where the commission issues an operating authorization without having previously issued a probationary operating authorization. (4) The central environmental protection authority shall, whenever necessary, inform the Commission and the Ministry of the Interior of those found in the supervisory activity exercised and cooperate with them in order to establish the measures necessary. " 32. The paragraphs (1) to (3) of Article 40 shall read as follows: "" Art. 40. -(1) The coordination of intervention preparations in case of nuclear accident, in compliance with the provisions of this law, shall be ensured, according to the law, by the Central Commission for Nuclear Accident and Cosmic Object Falls, under the leadership of the Ministry by the Interior, with the cooperation of all specialized bodies of the central and local public administration with powers in the matter. (2) The nuclear accident intervention plan for the site of nuclear installations shall be drawn up by the user, the holder of the authorization, together with all the central and local public authorities and the organizations involved in the preparation and in conducting the intervention in case of nuclear accident, in accordance with the requirements of the regulations issued according to 5. ((3) The intervention plans in case of radiological emergencies caused by nuclear accidents in nuclear installations located on the territory of other states, which may affect-through transboundary effects-the territory of Romania, as well as the general plans of Intervention outside the site of nuclear installations on the territory of Romania is elaborated through the care of the Civil Protection Command of the Ministry of Interior. " 33. Article 42 shall be inserted after Article 42 with the following contents: "" Art. 42 42 ^ 1. -The Ministry of Interior, through the Directorate-General for Combating Organized Crime and Drug Enforcement, will ensure: a) specific investigations of cases of illicit trafficking of radioactive or nuclear materials and violations of the provisions of this law; b) the operative supervision of the way of carrying out the transport of nuclear fuel and the way of ensuring its physical protection. " 34. Paragraph 1 of Article 44 shall read as follows: "" Art. 44. -(1) Perform an activity between those provided for in art. 2, in art. 24 24 para. (1), in art. 28 28 para. ((2) and in art. 38 38 para. (1), without having the appropriate 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 for: art. 2 lit. a) regarding the research, design, possession, location, construction or assembly, preservation of nuclear installations; art. 2 lit. b); art. 2 lit. d) regarding the means of containerization or transport of radioactive materials, specially arranged for this purpose; art. 2 lit. g); art. 24 24 para. ((1) and in art. 38 38 para. ((1); b) with imprisonment from 3 to 10 years and the prohibition of some rights, for the unauthorized performance of some activities provided for in: art. 2 lit. a) regarding the commissioning, test operation, operation, modification, decommissioning, import and export of nuclear installations; art. 2 lit. c), if radiological installations, nuclear or radioactive materials, radioactive waste and radiation generators present a particular nuclear or radiological risk; art. 2 lit. e) and f); art. 28 28 para. (2), if nuclear or radioactive materials, radioactive waste and radiation generators present a particular nuclear or radiological risk. " 35. After paragraph 2 of Article 45, paragraphs 3 to 8 shall be inserted as follows: " (3) The prevention by any means of the access of the representatives of the commission to any place where the activities subject to control are carried out constitutes a crime and is punishable by imprisonment from 3 to 5 years or with a fine. (4) The prevention without right in the event of a nuclear accident of the penetration of intervention personnel in the perimeter of the areas where nuclear activities are carried out constitutes a crime and is punishable by imprisonment from 3 to 10 years. ((5) The penetration without right, in any way, in a space, room or area delimited and marked in which the nuclear activities referred to in art. 2 lit. a)-f), without the consent of the person who uses them, or the refusal to leave them at their request constitutes a crime and is punishable by imprisonment from 3 to 5 years. (6) If the act provided in par. (5) is committed by an armed person, by two or more persons together, during the night or by the use of false qualities, the punishment is imprisonment from 5 to 10 years. ((7) The threat of a person or community, by any means, with the spread of radioactive material or the use of nuclear installations or devices generating ionizing radiation likely to endanger the health of humans or animals or the environment is a criminal offence and is punishable by imprisonment from 2 to 7 years. ((8) Alarming, without due cause, of a person or of the public, of specialized bodies to intervene in the event of a nuclear accident or of the organs of maintaining public order, directly, by correspondence, telephone or any other means of remote transmission, which concerns the spread or use of radioactive material or the use of nuclear installations likely to endanger the health of humans or animals or the environment, constitutes a criminal offence and is punishable by imprisonment from 6 months to 3 years. " 36. Article 46 shall be inserted after Article 46 (1) with the following contents: "" Art. 46 46 ^ 1. -(1) The following acts constitute acts of terrorism in the nuclear field and shall be punishable as follows: a) the spread or introduction into the atmosphere, water, on the ground or in the basement of radioactive materials, likely to endanger the health of people or animals or the environment, with imprisonment from 5 to 20 years; b) threats of nuclear explosions or nuclear accident, if they are aimed at disturbing the public order by intimidation, by terror or by creating a state of panic, with imprisonment from 5 to 20 years; c) the use of radioactive materials, nuclear installations or devices generating ionizing radiation for the purpose of serious disorder of public order by intimidation, by terror or by creating a state of panic, with imprisonment from 5 in 20 years; d) destruction, degradation or non-use of a nuclear or radiological installation containing radioactive materials, belonging to the perpetrator or another, or preventing the taking of conservation or security measures nuclear of such a nuclear or radiological installation, when committed for the purpose of serious disorder of public order by intimidation, by terror or by creating a state of panic, with imprisonment from 3 to 15 years; e) if the act referred to in point d) is committed by arson, explosion or other such means and results in a public danger, the punishment is imprisonment from 5 to 20 years. (2) The attempt is punishable. (3) It is considered the attempt and production or procurement of materials or nuclear or radiological installations, as well as the taking of measures in order to commit the crimes provided in par. ((1). ' 37. Article 47 shall read as follows: "" Art. 47. -The following facts are contraventions: a) non-compliance with the reporting obligations provided for in 25 25 para. ((1) lit. b) and art. 31 31 para. ((1) lit. f); b) non-compliance with the limits and conditions provided in the permits issued in accordance with the provisions of 8 8; c) failure to carry out, within the established period, the provisions given in writing, with acknowledgement of receipt, by the commission, or by minutes of control, by its representatives; d) use in the activities provided in art. 2 personnel who do not have the necessary training, unchecked personnel or rejected at regular exams or personnel who do not possess the appropriate exercise permit, provided in art. 9 9; e) the use of personnel who do not prove the necessary knowledge and skills or do not apply them in the work carried out, with implications for the operation of nuclear or radiological nuclear safety installation, on risks associated with or on the applicable nuclear safety measures; f) violation of the provisions of art. 25 25 para. ((1) lit. a) by persons who have the right of decision-making control in the management of the works, during the realization, operation or decommissioning of the nuclear or radiological installation; g) non-compliance with the obligations provided 25 25 para. ((1) lit. d) if unacceptable risks of any kind are generated; h) the use by authorized persons of radioactive materials, ionizing radiation generating devices or nuclear installations entrusted for other purposes or for operations other than those established for the fulfilment of service tasks; i) the exercise of nuclear activities without the appropriate exercise permit provided for in art. 9 9; j) non-solicitation of reauthorization, at the deadline set by specific regulations, before the expiry of the old authorization; k) the unauthorised production and supply of the metering control equipment of the ionizing radiation and of the materials and devices used for the protection against ionizing radiation; l) failure to notify the commission, at the deadline set by the specific regulations, theft, removal of radiological installations, nuclear and/or radioactive materials or of the incident or of the nuclear accident occurred in the nuclear facility or radiological; m) unauthorized performance of an activity provided in art. 2 lit. c) where the Commission finds that nuclear or radioactive materials, radioactive waste and radiation generators do not pose a particular nuclear or radiological risk; n) violation of art. 16 16 para. ((3); o) violation of art. 25 25 para. ((1) lit. c), of art. 26 26 and 27; p) violation of art. 28 28 para. (2), where the Commission finds that nuclear or radioactive materials, radioactive waste and radiation generators do not pose a particular nuclear or radiological risk; q) violation of art. 29 29; r) non-compliance with the obligations provided 31 31 para. ((1) lit. e) on granting access to the representatives of the 38. Article 48 shall read as follows: "" Art. 48. -(1) Contraventions provided in art. 47 lit. i) and k) are sanctioned with a fine of 1,000,000 lei to 30,000,000 lei. (2) Contraventions provided in art. 47 lit. a), c), d), e), n) and r) shall be sanctioned with a fine from 3,000,000 lei to 100,000,000 lei. (3) Contraventions provided in art. 47 lit. b), f), g), h), j), l), m), o), p) and q) shall be sanctioned with a fine from 20,000,000 lei to 200,000,000 lei. (4) The limits of contravention fines shall be updated by Government decision. " 39. Article 50 shall read as follows: " Article 50. -Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , as amended, except for the provisions of art. 28 28 para. ((1) and (3), as well as of art. 29, are applicable to the contraventions provided by this law. " 40. Article 51 shall read as follows: "" Art. 51. -Nuclear and radiological installations, their components, nuclear fuel, radioactive products, including radioactive waste, explosive nuclear devices or their components, which have been subject to special confiscation by court decision, under the conditions provided in art. 118 of the Criminal Code, from the guilty party, must be withheld at the expense of the former owner, in a safe place, under the seal of public authorities, in compliance with nuclear safety requirements, so as not to harm life or health to the population and not to cause damage to the environment or property until the legal measures are available with regard to them. " 41. Article 55 shall be repealed. 42. Article 56 shall read as follows: "" Art. 56. -(1) Until the entry into force of the regulations issued under the provisions of art. 5, the provisions of the regulations issued before the entry into force of this law will apply. (2) The regulations issued under this law shall be published in the Official Gazette of Romania, Part I. " 43. Article 57 shall read as follows: "" Art. 57. -Annexes no. 1-4 are an integral part of this law. " 44. Annex no. 1 1 will have the following contents: "" ANNEX No 1 LIST materials, devices, equipment and information pertinent to the proliferation of nuclear weapons and other explosive nuclear devices 1 1. Nuclear-related materials pertinent to the proliferation of nuclear weapons and other explosive nuclear devices; 2. equipment and related components specially designed or manufactured for nuclear reactors; 3. related equipment specially designed and manufactured for burned fuel reprocessing plants; 4. equipment specially designed or prepared for plutonium conversion plants; 5. related equipment specially designed or manufactured for nuclear fuel factories; 6. related equipment specially designed or manufactured for uranium isotope separation plants; 7. related equipment for plants or plants for the separation of lithium isotopes; 8. related equipment specially designed for plants, for the production or concentration of heavy water, deuterium, tritium and their compounds; 9. test and measurement equipment used to produce explosive nuclear devices; 10. components for explosive nuclear devices; 11. industrial equipment specially designed and prepared for use in the manufacture of materials, devices and equipment referred to in point 1-10 1-10, including nuclear materials; 12. Unpublished specific information referring to the materials, devices and equipment referred to in point (a) 1-11. The detailed list of materials, devices, equipment and information pertinent to the proliferation of nuclear weapons and other explosive nuclear devices, set out in this Annex, shall be determined by Government Decision, with compliance with the provisions of the treaties, agreements, conventions and international agreements to which Romania is a party. " 45. Annex no. 2 2 will have the following contents: "" ANNEX No 2 DEFINITIONS to which reference is made in art. 3 3 of law 1. nuclear accident-the nuclear event that affects the installation and causes irradiation or contamination of the population or environment beyond the limits allowed by the regulations in force; 2. nuclear activity-any human practice that introduces additional sources or routes of exposure, extends exposure to a greater number of persons or changes the network of exposure pathways, starting from existing sources, thus increasing the exposure or the likelihood of exposure of persons or the number of 3. national competent authority in the field of nuclear-the authority, established by law, with the legal competence to issue permits, to carry out controls and to regulate the location, design, construction, commissioning, operation or decommissioning of nuclear and radiological installations; 4. authorization-document issued by the national nuclear authority, on the basis of a nuclear safety and control assessment, to a legal person, at its request, for carrying out a nuclear activity; 5. nuclear fuel cycle-the whole of operations comprising the extraction and processing of ores and the enrichment of uranium and thorium, the manufacture of nuclear fuel, the operation of nuclear reactors, the retreatment of nuclear fuel, decommissioning, any management activity of radioactive waste or any research and development activity associated with one of the above-mentioned operations; 6. nuclear fuel-material or a mechanical assembly containing raw material or fissile material, specially designed for use in a nuclear reactor, for the purpose of nuclear energy; 7. radioactive waste-those materials resulting from nuclear activities, for which no use was provided, containing or being contaminated with radionuclides in concentrations above the exemption limits; 8. ionizing radiation-generating devices-devices that produce X-rays, neutrons or charged particles; 9. radiological installation-nuclear radiation generator, installation, apparatus or device that extracts, produces, processes or contains radioactive materials other than those defined in point 1. 10 10; 10. nuclear installation: a) any nuclear reactor, with the exception of the one with which a means of maritime or air transport is equipped to be used as a source of power, whether for propulsion or for any other purpose; b) any plant using nuclear fuel for the production of nuclear materials, including any irradiated nuclear fuel retreatment plant; c) any installation in which nuclear materials are stored, with the exception of depositaries for the transport of nuclear materials. Nuclear installations belonging to a single operator, which are located on the same site, will be considered as a single nuclear facility; 11. technical institute-support-unit with expertise, studies on nuclear installations sites, reactors physics, non-destructive examinations, nuclear safety analyses and assessments, decommissioning of nuclear installations, nuclear quality management, assessments of radioactive waste facilities, as well as research and development studies in the field of nuclear safety, radiation protection, radioactive waste management, natural radioactivity and induced environmental, radioecology and radiobiology, emergencies radiological in case of nuclear accident, in accordance with national and international requirements; 12. nuclear-uranium raw material containing a mixture of isotopes in nature; depleted uranium in isotope 235; thorium; any form thereof, metal, alloy, chemical composition or concentration; 13. materials of nuclear interest-heavy water, graphite, zirconium and other materials which, due to specific nuclear properties, are of particular interest to the nuclear field; 14. Special fissile material-plutonium, uranium 233, uranium enriched in the isotope 233 or in isotope 235; any artificially enriched material in any of the above mentioned isotopes; 15. radioactive material-any material, in any state of aggregation, showing the phenomenon of radioactivity, including radioactive waste; 16. nuclear material-any nuclear raw material and any special fissile material; 17. uranium and thorium ore-mineral substance in the deposit or extracted by mining methods which has a uranium content and/or thorium of more than 0,004%; 18. uranium and thorium mining-prospecting, exploration, opening, preparation and exploitation of uranium and thorium ore, conservation and decommissioning of uranium and thorium mines, including restoration of the environment contaminated by uranium mining and torium; 19. intervention plan-all measures to be applied in the event of a nuclear accident; 20. preparation of uranium and thorium ores-processing of uranium and thorium ores in laboratories of physico-chemical analysis, technological laboratories, pilot plants and industrial plants, conservation and decommissioning of plants processing, including final storage of radioactive waste and restoration of the contaminated environment; 21. radioactive product-any radioactive material obtained during the production or use of a nuclear fuel or any material that has become radioactive by exposure to radiation, except for the radioisotopes that have reached the final stage of preparation and are likely to be used for scientific, medical, special, social, commercial or industrial purposes; 22. vital point of work-an area where nuclear materials, equipment, devices or systems that may be vulnerable to sabotage or theft actions are located; 23. ionizing radiation-any of the following radiation: alpha, beta, gamma, X, neutrons, electrons, protons or other charged particles (not including radio waves, visible, infrared, ultraviolet radiation, as well as laser radiation, ultrasound, etc.); 24. regulations-technical, methodological norms, guidelines, instructions, procedures or technical-organizational conditions regarding the authorization and control of nuclear activities, mandatory in the nuclear field, issued by the competent authority according to art. 5 of the law; 25. Special radiological risk of a nuclear facility, nuclear material, radioactive material, radioactive waste or radiation generator-the possibility that in case of loss of control, a single event of this kind can be collected individual higher than the annual dose limit for a person in the population or a collective dose ten times the annual dose limit for a person in the population; 26. The particular nuclear risk of nuclear material-a nuclear material is considered to have a nuclear risk if it is in total quantities exceeding ten times the exemption values from the authorisation provided for by the Fundamental Security Rules radiological; 27. Nuclear safety-the set of technical and organisational measures intended to ensure the safe operation of nuclear facilities, to prevent and limit their deterioration and to ensure the protection of occupied personnel professional, population, environment and material goods against irradiation or radioactive contamination; 28. controlled quality management system-the quality management system established and maintained in accordance with the specific regulations issued by the commission and which is controlled by it; 29. sources-the ionizing radiation emitter and any radioactive material; 30. orphan sources-sources coming from past practices, illicit or lost traffic, which are not under the control of an authorization holder. + Article 2 Law no. 111/1996 , republished in the Official Gazette of Romania, Part I, no. 78 of February 18, 1998, with subsequent amendments and completions, as well as with those brought by this law, shall be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Senate at the meeting of April 3, 2003, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at the meeting of April 15, 2003, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU Bucharest, May 13, 2003. No. 193. -------