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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Law No. 193 of 13 May 2003 amending and completing law No. 111/1996 concerning the safety of nuclear activities, the PARLIAMENT published in ISSUING the OFFICIAL GAZETTE nr. 343 of 20 May 2003, the Romanian Parliament adopts this law.


Article 1, law No. 111/1996 concerning the safety of nuclear activities, republished in the Official Gazette of Romania, part I, no. 78 of 18 February 1998, as amended and supplemented, modified and completed as follows: 1. (a)), c), d) and (f)) of article 2 shall read as follows: ' a), design, research, construction, ownership, installation, commissioning, trial operation, operation, modification, decommissioning, preserving, importing and exporting of nuclear installations;


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 ionizing radiation detection 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;
  

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f) holding, transfer, import and export information, related materials, unpublished-devices and equipment relevant to proliferation of nuclear weapons or other nuclear explosive devices, as set out in the annex. 1 to this law; "
  

2. In article 2, after the letter g) is inserted in point h) with the following content: "h) building products and services intended for sources of radiation approved dosimetric control apparatus, radiation detection systems, materials and ionizing devices used for protection against ionizing radiation."
3. Article 4 shall read as follows: Art. 4.-(1) the National Authority's competence in the field of nuclear energy, which powers of regulation, authorization and control provided for in this law, is the National Commission for Nuclear Activities Control, 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 Ministry of waters and environmental protection.

(2) a regulation on organisation and functioning of the National Commission for Nuclear Activities Control, called hereinafter the Commission, approved by decision of the Government.
  

(3) the Commission shall provide Financing entirely from extrabudgetary revenues obtained from charges for the licensing and control of nuclear activities. 2 and from contributions from international organizations or to the economic operators.
  

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

(5) the Commission staff is hired and dismissed in accordance with the rules of organization and functioning of the Commission, with collective work and with the legal rules in force.
  

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

4. Paragraph 1 of article 5 shall read as follows: Art. 5.-(1) the Commission is empowered to issue regulations detailing the General requirements of nuclear safety, protection against ionizing radiation, quality assurance, control of Nonproliferation 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. "
5. Article 7 shall read as follows: Art. 7.-Importing radioactive waste and nuclear fuel burned is prohibited, except in circumstances in which import flow directly from the processing, with the exception of the Romanian territory, of 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. "
6. In paragraphs (1) and (4) to (7) of article 8 shall read as follows: Art. 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 as well as those referred to in points. h) of the same article, require an authorization issued by the Commission, while respecting the consent procedure specific to each kind of activity or source, in accordance with the provisions of art. 5..

(4) the authorizations referred to in paragraph 1. (1) the claim and, accordingly, shall be released successively, simultaneously, separately for each kind of activity or for each nuclear installation times with radiological Suite functionality of the applicant, or for each distinct type of radioactive material, a device for generating ionizing radiation, apparatus control of ionizing radiation approved dosimetric or the degree of radioactive contamination, material times device used for purposes of protection against ionizing 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.
  

(5) the authorisation 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.
  

(6) within the meaning of paragraph 1. (5) the approval phases of nuclear radiological installations or, where appropriate, the following: a) design;
  

b) location;
  

c) production;
  

d) construction and/or installation;
  

e) commissioning;
  

f) trial operation;
  

g) operation;
  

h) repair and/or maintenance;
  

I) alter;
  

j) preservation;
  

k) decommissioning.
  

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

7. In paragraphs (1) and (3) of article 9 shall read as follows: Art. 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.
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(3) the licence shall be issued on exercise, on the basis of an assessment and examinations 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."
  

8. In article 9, after paragraph (3) shall be included in paragraphs (4) and (5) with the following contents: "(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 and the family in accordance with the provisions of art. 5. (5) the opinion of the competent national bodies safety for personnel who are 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."
  

9. The letter a) to paragraph 3 of article 10 shall read as follows: ' 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. (6);"
10. b) has article 11 shall read as follows: "(b)) are not met, in full and in good time, the measures disposed according to cap. (IV) the control bodies empowered by this law; "
11. In article 16, paragraph 2, after the Insert (3) with the following contents: "(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. "
12. (a)) of paragraph 1 of article 18 shall read as follows: "it is as far as 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 the persons who have authority to decide the leadership 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; "
13. In article 18, paragraph 1, letter a) after you enter the letters to ^ 1 and ^ 2)) with the following contents: ' a ^ 1) respond as professional activities staff, permanently or temporarily, in the vital work within the nuclear facilities or access to secret documents to be dependable and approved under law by the competent bodies in the field of national security;

a ^ 2) is as far as to prove that it has the technical facilities, technologies and materials for activities; "
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 technological and scientific norms in force, to prevent the damage that would result from construction and civil nuclear facility or radiation;


g) 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;
  



k) set up 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 and their subcontractors complain in the chain, set up and maintain their own system of quality management-controlled. "
  

15. According to paragraph 1 of article 18 shall be inserted (1 ^ 1) reads: "(1 ^ 1) 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. "
16. Paragraph 2 of article 18 shall read as follows: "(2) the conditions for approval referred to in paragraph 1. (1) and (1, 1 ^ ') will be detailed in regulations issued under the provisions of art. 5. "17. Paragraph 1 of article 20 shall read as follows: Art. 20. — (1) the carriage of nuclear fuel in nuclear facilities out of the enclosure or in out places where 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. "
18. Article 22 shall read as follows: Art. 22. — (1) the authorization of the 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 exit 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 on the products in transit. "
  

19. Paragraph 1 of article 24 shall read as follows: Art. 24. — (1) the authorization is mandatory 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. "
20. In subparagraph (d)) of paragraph 3 of article 24 shall read as follows: "(d)) shall establish and maintain a system of quality management in the field of nuclear energy in their own activities and 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-controlled."
21. Paragraph 1 of article 28 shall read as follows: Art. 28. — (1) the expiry of the validity, suspension or revocation of authorization the authorization holder times exonerates one who 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 of the authorization. "
22. According to paragraph 3 of article 28 insert (3 ^ 1) with the following contents: "(3 ^ 1) termination of nuclear activities is done according to specific regulations drawn up by the Commission under the provisions of art. 5. "23. Paragraph 2 of article 29 shall read as follows: "(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 ascertain whether activities leading at one point 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. "24. After paragraph 2 of article 29 shall be inserted in paragraph 3 with the following contents: "(3) if the results of the assessment referred to in paragraph 1. (1) and (2) show the overrunning or criteria for exemption from the rules laid down in article 21. 16, respectively, of the limits referred to in paragraph 1. (2) activity that is subject to the authorization and control regime provided for by the present law. "
25. Article 30 shall read as follows: Art. 30. — (1) the operative-preventive supervision, the current and subsequent compliance with 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 physical person that could conduct, holds nuclear installations, radiological materials, or 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. "
  

26. According to paragraph 2 of article 31 shall be inserted in paragraph 3 with the following contents: "(3) the staff of the Commission of the nature of the activity is exposed to ionising 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 health and family and the Ministry of labour and social solidarity. "
27. Paragraph 2 of article 34 shall read as follows: "(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 the General Inspectorate of police representatives to ensure the exercise of the mandate of the control referred to in article 1. 31 para. (1)."
28. According to paragraph 2 of article 34 shall be inserted in paragraph 3 with the following contents: "(3) in case of urgency, the Commission may undertake precautionary measures on its own initiative for nuclear safety, the expenses related to this activity are to 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 holds the plant source of x-ray radiation involved, willingly or by execution. "
29. Article 35 shall read as follows: Art. 35.-the Commission shall exercise the following powers: a) proposes the initiation of projects of normative acts in the field and 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) law, approve the contingency plans in the event of a nuclear accident and participate in intervention;
  

d) cooperates 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) initiates with the opinion of the Ministry of Foreign Affairs, actions to promote the specific interests of Romania in relations with the International Atomic Energy Agency (A.I.E.A.), Nuclear Energy Agency (A.E.N.) and with other international organizations working in the field of regulations and supervision of nuclear activities;
  

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

h) monitoring compliance with the provisions of existing international agreements on the control of guarantees, protection, trafficking, transportation of nuclear materials and radioactive, radiation protection, quality assurance, safety of nuclear installations and nuclear and radiological intervention in case of a nuclear accident;
  

I) set up and coordinate a national system of record keeping and control of nuclear materials, the national system of record keeping 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 that have law officials in the field of safe nuclear and radiological facilities, in correlation with the environmental protection requirements and the general public;
  

k) provide information to the public through official publications, press releases;
  

It organizes hearings or investigations), as appropriate;
  

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;
  

authorizes execution of it) specific nuclear construction and the controlling of construction quality State 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 concerning construction quality, as amended, 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. "
  

30. Article 36 shall read as follows: Art. 36. authorisation 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. "
31. In paragraphs (1), (3) and (4) of article 37 shall read as follows: Art. 37. — (1) the Central Authority for environmental protection will hold, according to the law, the network for the monitoring of environmental radioactivity on Romanian territory, ensuring the flow of information necessary for the integrated system for monitoring environmental parameters.
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(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 running the sample, after authorization has been operating under article 4. 8, for situations where the Commission shall issue an authorization for the operation without first having issued a permit for the operation of the sample.
  

(4) the Central Authority for environmental protection shall, whenever necessary, the Commission and the Interior Ministry of its findings in the surveillance activity carried on and cooperate with them in order to establish the measures necessary. "
  

32. In paragraphs (1) to (3) of article 40 shall read as follows: Art. 40. — (1) Coordinating the planning of intervention in the event of a nuclear accident, in compliance with the provisions of this law, shall ensure, in accordance with the law, by the Central Committee for Nuclear Accident and falls under the command of Cosmic Objects, Ministry of 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 emergencies caused by nuclear accidents in nuclear installations located in the territory of other States, which might affect transfrontiera-effects-through Romanian territory, and general plans for intervention in the establishment of nuclear installations outside the territory of Romania shall be drawn up by the civil protection Headquarters of the Ministry of the Interior. "
  

33. is inserted after article 42 article 42 ^ 1 with the following content: "Art. 42 ^ 1. -Ministry of the Interior, through the General Directorate for combating organised crime and Drugs, will provide: a) specific investigations in cases of illicit trafficking in nuclear and radioactive materials or of violations of the provisions of this law;
  

b) stock surveillance mode of making nuclear fuel and transport modality to ensure physical protection. "
  

34. Paragraph 1 of article 44 shall read as follows: Art. 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 3 to 10 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)); art. 28 para. (2) if the nuclear or radioactive materials, radioactive waste and radiation generators pose a risk of nuclear radiological times. "
  

35. According to paragraph 2 of article 45 shall be included in paragraphs (3) to (8) with the following contents: "(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 3 to 5 years or with a fine.

(4) to prevent non-accident nuclear breakthrough intervention personnel in the zones in which the nuclear activities constitutes infringement and is punishable with imprisonment from 3 to 10 years.
  

(5) the intrusion without, in any way, in a room or space delimited area 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 3 to 5 years.
  

(6) where the Act referred to in paragraph 1. (5) a person commits armed, two or more persons together, during the night or through the use of punishment is lying qualities, imprisonment from 5 to 10 years.
  

(7) the threat of a person, or body, by any means, with the spread of radioactive materials or the use of nuclear installations generating devices times ionizing radiation likely to endanger the health of humans or of animals constitutes an infringement and environment times shall be punished with imprisonment from 2 to 7 years.
  

(8) Alarm, without a compelling reason, of a person or the public, to specialized bodies to intervene in the event of a nuclear accident or of bodies maintaining public order, direct correspondence, telephone or any other means of transmission, which spread radioactive materials or use of the use of nuclear installations times likely to endanger the health of humans or of animals times environment constitutes infringement and is punishable by imprisonment from 6 months to 3 years. "
  

36. is inserted after article 46 article 46 ^ 1 with the following content: "Art. 46 ^ 1. -(1) the following acts constitute acts of nuclear terrorism and is punishable as follows: (a) the introduction or the spread) atmosphere, water, soil or in the basement of some radioactive material, likely to endanger the health of humans or of animals, with the prison environment times from 5 to 20 years;
  

b) threats with nuclear explosions or nuclear accident if they are aimed at disturbing the serious public order through intimidation or terror, through the creation of a State of panic, with imprisonment from 5 to 20 years;
  


c) use radioactive materials, nuclear installations or devices generating ionising radiation in order to disorder serious public order through intimidation or terror, through the creation of a State of panic, with imprisonment from 5 to 20 years;
  

d) destruction, degradation or bringing into a State of disuse of a facility containing radiological nuclear times radioactive materials, belonging to the perpetrator or another person, or to prevent the taking of conservation measures or of nuclear safety of a nuclear installation times, when radiological perpetrated serious disorder in order to public order through intimidation or terror, through the creation of a State of panic with imprisonment from 3 to 15 years;
  

e) if the Act referred to. d) is celebrated through arson, explosion or other such means and gives a public danger, the punishment is imprisonment from 5 to 20 years.
  

(2) the attempt shall be punishable.
  

(3) considering the attempt and the production or procurement of materials or nuclear or radiological installations, as well as taking measures for the purpose of perpetrating criminal offences referred to in paragraph 1. (1)."
  

37. Article 47 shall read as follows: Art. 47. the following acts Constitute offences-: non-compliance with the 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 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) are excluded from the decision-making control in directing the work, during realisation, nuclear plant officials or radiological dezafectarii times;
  

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

h) use by persons authorised to radioactive materials, devices generating ionising radiation 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) reautorizarii, the failure to set specific rules before the end of the old authorization;
  

k) producing and providing unauthorized control apparatus of ionizing radiation approved dosimetric and materials and devices used for protection against ionizing radiation;
  

not announcing it) the Commission, at the time fixed by special instruments, theft, theft of radiological installations, nuclear material and/or radioactive or nuclear incident or accident in a nuclear plant or unit;
  

m) making unauthorized of a task. 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;
  

q) violation of article 10. 29;
  

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

38. Article 48 shall read as follows: Art. 48. — (1) the Offences referred to in articles. 47 lit. I) and k) are sanctioned by a fine from 1,000,000 to 30,000,000 lei lei.

(2) the Offences referred to in articles. 47 lit. a), c), (d)),),) and r) is sanctioned with a fine from 3,000,000 lei to 100,000,000 lei.
  

(3) the Offences referred to in articles. 47 lit. b), f), (g)),),),),),), p) and (q)) shall be imposed with a fine from 20,000,000 200,000,000 lei lei.
  

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

39. Article 50 shall read as follows: Art. 50.-the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended, with the exception of 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. "
40. Article 51 shall read as follows: Art. 51.-nuclear and radiological Facilities, components thereof, nuclear fuel, radioactive products, including radioactive waste, nuclear explosive devices or components thereof, which have undergone special confiscation by the Court under the conditions laid down in article 21. 118 of the penal code, the guilty must be retained at the expense of the former owner, in a safe place, under seal, public authorities in compliance with the requirements of the nuclear safety so as not to insult the life or health of the population and to cause no damage to the environment or property pending the disposition of the legal measures in this respect. "
41. Article 55 shall be repealed.
42. Article 56 shall read as follows: Art. 56. — (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. "
  

43. Article 57 shall read as follows: Art. 57.-appendices. 1-4 are an integral part of this law. "
44. Annex 4. 1 shall read as follows: "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 items 1 to 10, including of nuclear material;
12. specific information that relates to unpublished materials, devices and equipment referred to in items 1 to 11.
Detailed list of materials, devices, equipment and information pertinent to the proliferation of nuclear weapons and other nuclear explosive devices, laid down 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. "
45. Annex 4. 2 shall read as follows: "ANNEX Nr.2 to the 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 further expand exposure exposure to a greater number of people or change the horse network exposure, starting from existing sources, thus increasing exposure times the probability of exposure of humans or the number of persons exposed;
3. the national authority's competence in the nuclear field-authority established by law and with the legal competence to issue authorisation to carry out checks and to regulate the siting, design, construction, commissioning, operation or decommissioning of nuclear installations and radiation;
4. authorisation document issued by the authority-national competence in the field of nuclear energy, 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 the extraction and processing of ores and enrich uranium and manufacture nuclear fuel, 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 material special fissionable material times, 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 usage that contain or are contaminated with radionuclides in concentrations higher exemption limits;
8. ionizing radiation-generating devices-devices which produce x-rays, neutrons or charged particles;
9. installation of x-ray radiation-nuclear generator, installation, device device that extracts times, produces, processes or contains radioactive material, other than those defined in point 10;
10. nuclear plant: a) any nuclear reactor, except one with which it is equipped with a means of shipping air times to be used as a power source, if it is intended for propulsion or for any other purpose;
  

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

c) any installation where nuclear materials are stored, except for custodians in order to transport nuclear materials. Nuclear installations belonging to a single operator, which stood 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, radioactive waste management, radioprotectiei, natural and induced radioactivity to the environment, radiobiologiei, radioecologiei and 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 nature; the uranium 235 isotope in saracit; 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 nuclear raw materials and any special fissionable material;
17. uranium and thorium ore-mineral substance in the zacamant 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. point a vital that nuclear materials, equipment, devices or systems that may be vulnerable to the actions of sabotage or theft;
23. ionizanta radiation-any of the following radiation: Alpha, beta, gamma, X, neutrons, electrons, protons or other charged particles (this does not include radio waves, visible radiation, infrared, ultraviolet, and laser radiation, 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 as 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 stood 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, to prevent and to limit damage and to ensure the protection of personnel professionally occupied population, the environment and material goods against radiation or radioactive contamination;
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 emitter and any radioactive material;
30. orphan sources-sources coming from practices of the past, illicit trafficking or lost, which are not under the control of the holder of the authorization.


Article 2 Law No. 111/1996, republished in the Official Gazette of Romania, part I, no. 78 of 18 February 1998, as amended and supplemented, as well as those made by this law, shall be in the Official Gazette of Romania, part I, posing a new texts.
This law was adopted by the Senate at its meeting on 3 April 2003, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. PRESIDENT of the SENATE, DANIELS T this law was adopted by the Chamber of deputies at its meeting on 15 April 2003, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES VALER DANNER Bucharest, May 13, 2003.
No. 193.
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Related Laws

1997 Atomic Act