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Law No. 321 From 8 July 2003 Approving Ordinance No. 7/2003 On The Use Of The Peaceful Purposes Of Nuclear Energy

Original Language Title:  LEGE nr. 321 din 8 iulie 2003 pentru aprobarea Ordonanţei Guvernului nr. 7/2003 privind utilizarea în scopuri exclusiv paşnice a energiei nucleare

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LEGE no. 321 321 of 8 July 2003 for approval Government Ordinance no. 7/2003 on the use for exclusively peaceful purposes of nuclear energy
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 509 509 of 15 July 2003



The Romanian Parliament adopts this law + Article I Approval Government Ordinance no. 7 7 of 30 January 2003 on the exclusively peaceful use of nuclear energy, adopted pursuant to art. 1 1 section V. 4 of Law no. 680/2002 on the empowerment of the Government to issue ordinances, published in the Official Gazette of Romania, Part I, no. 59 of 1 February 2003, with the following amendments and additions: 1. Article 2 shall read as follows: "" Art. 2. -The object of this ordinance is the promotion and organization of nuclear activities to ensure nuclear energy resources, by stimulating research, development and use of nuclear applications for peaceful purposes. " 2. Article 3 shall read as follows: "" Art. 3. -Nuclear activities subject to the provisions of this ordinance are as follows: a) scientific research and technological development in the field of nuclear energy; b) research, experimentation, design, location, construction, assembly, commissioning, operation, modification, import, export, preservation and decommissioning of nuclear and radiological installations; c) prospecting, exploration, exploitation and preparation of uranium and thorium ores for obtaining the technical concentrate; d) conservation and closure of uranium mines, decommissioning of tailings and sterile deposits with low uranium content; e) the production, supply, treatment, processing, use, storage, transport, transit, import and export of nuclear and radioactive materials, including nuclear fuel, heavy water and tritium; f) collection, treatment, conditioning, transport, temporary and definitive storage of radioactive waste and spent nuclear fuel; g) record and control of nuclear and radioactive materials, nuclear and radiological installations, including materials of nuclear interest, located on the territory of Romania; h) physical protection of nuclear and radiological installations; i) quality management, nuclear safety, protection against ionizing radiation of professionally exposed personnel, population, environment and property; j) management of nuclear accident and/or radiological emergency within and/or outside a nuclear or radiological installation, including the training and permanent specialization of the personnel involved; k) informing and educating the population and developing relations with the media regarding the conduct of nuclear activities for peaceful purposes; l) scientific research for the application of nuclear techniques and technologies in economy and in social life; m) development of regulations at national level in the nuclear field; n) development of international cooperation relations on nuclear projects and/or programs; o) insurance for nuclear incidents and accidents and damage assessment in case of nuclear accident and/or radiological emergency; p) the production, supply, treatment, use, temporary or definitive storage, as the case may be, the transport, transit, import and export of radiation-generating devices, of open and closed radioactive sources. " 3. Article 4 shall read as follows: "" Art. 4. -The activities provided in art. 3 are activities of national interest and can be carried out only in accordance with national regulations and international agreements to which Romania is a party. " 4. Article 5 shall read as follows: "" Art. 5. -The placement, construction, transfer of ownership and decommissioning of nuclear power and research reactors, as well as the definitive deposits of radioactive waste and spent nuclear fuel are approved by Government decision. " 5. Article 6 shall be inserted after Article 6, with the following contents: "" Art. 6 6 ^ 1. -In order to harmonize nuclear policies and monitor the implementation of PNN, the Nuclear Agency is established by reorganizing the National Atomic Energy Agency of the Ministry of Education, Research and Youth. " 6. Article 7 shall read as follows: "" Art. 7. -The Nuclear Agency, hereinafter referred to as AN, elaborates the Nuclear Development Strategy, the Action Plan and the NAP, in consultation with ministries, other central and local public administration bodies, economic agents who have responsibilities and activates in the nuclear field, as well as professional associations in the field. " 7. Paragraph 2 of Article 8 shall read as follows: "" (2) PNN shall include policies and objectives relating to the promotion and organisation of nuclear activities. " 8. Paragraph 2 of Article 10 shall read as follows: " (2) Sector programmes on the development and application of nuclear techniques and technologies in various fields of economy and social life are developed and administered by ministries with specific activities and responsibilities in the field of respectively. " 9. Article 11 shall read as follows: "" Art. 11. -(1) AN coordinates the promotion of nuclear activities in Romania, based on the Strategy for the Development of Nuclear Domain, Action Plan and PNN. (2) AN provides for stimulating the development of the international partnership by working with the Vienna-based International Atomic Energy Agency, hereinafter referred to as the IAEA, and with other relevant international or regional organisations, such as and the conclusion of agreements and research and development contracts, technical assistance, expertise, staff specialization, consultation of ministries with specific activities and responsibilities in the nuclear field. ((3) The year shall promote the participation of economic operators in the field of activities on the activity profile and on the activities of the IAEA. " 10. The title of Chapter VI shall read as follows: "Nuclear Agency" 11. Article 15 shall read as follows: "" Art. 15. -AN is the specialized body of the central public administration, with legal personality, subordinated to the Prime Minister, and has as main object of activity the provision of specialized technical assistance to the Government in the formulation of the policy in nuclear field, as well as promoting and monitoring nuclear activities in Romania. " 12. Article 16 shall read as follows: "" Art. 16. -AN has the following tasks: a) elaboration of the Strategy for the development of nuclear field, action plan and PNN and monitoring of their implementation on the organizational, technical and financial components; b) approval of sectoral programmes in the short, medium and long term; c) promotion of research-development in the field of nuclear energy use for peaceful purposes; d) monitoring the implementation of activities for the use of nuclear techniques and technologies in the economy and in social life, for the purpose of sustainable development of society; e) the approval of the strategies for the training of specialized personnel in the field, including the intervention personnel in case of nuclear accident and/or radiological emergency; f) to analyse the continuous modernisation of the physical protection systems of nuclear and radiological installations; g) analysis of periodic briefings, presented by CNCAN, on the safety of nuclear and radiological installations and related national technical support, as well as on nuclear warranties; h) analysis of the normative acts regulating the nuclear field and the proposal for corrective measures in case of legal deficiencies; i) the endorsement of the documentation and the pursuit of investments concerning the location and construction of the nuclear power and research reactors and the definitive deposits of radioactive waste and spent nuclear fuel, as well as those concerning decommissioning of nuclear power and research reactors; j) the pursuit of harmonization of national legislation with international nuclear legislation, standards and recommendations; k) monitoring of systems for the marking of radioactive sources in accordance with international specific requirements; l) monitoring the implementation of international nuclear agreements and treaties; m) approval of Romania's participation in international nuclear programs or projects; n) monitoring, on the main components, of the production of electricity of nuclear origin, of nuclear fuel and of heavy water. " 13. Article 17 shall read as follows: "" Art. 17. -(1) The initial patrimony of the year will be constituted by taking over the patrimony of the National Atomic Energy Agency, existing on the date of entry into force of the law approving this ordinance. (2) AN is headed by a board of directors, whose members are representatives of ministries with powers in the nuclear field. (3) The President of the year shall be appointed and revoked by decision of the Prime Minister. " 14. After Article 17, Articles 17 ^ 1 -17 ^ 4 are inserted with the following contents: "" Art. 17 17 ^ 1. -AN operates according to the organizational structure and its own organization and functioning regulation, which is approved by Government decision. Article 17 ^ 2. -The revenue and expenditure budget of AN is approved under the law. Art. 17 ^ 3. -The current and capital expenditure of AN is financed from the state budget. Article 17 ^ 4. -Current and capital expenditure shall include the categories of expenditure necessary to finance activities relating to the functioning of the AN for the performance of its tasks. 15. Article 18 shall read as follows: "" Art. 18. --For the execution of specialized activities, AN may employ experts from ministries or national institutes with responsibilities in the nuclear field. " 16. Paragraph 1 of Article 22 shall read as follows: "" Art. 22. -(1) The organization and functioning regulations of the AN shall be established by Government decision within 30 days from the date of entry into force of the law approving this ordinance. " + Article II Government Ordinance no. 7/2003 on the exclusively peaceful use of nuclear energy, published in the Official Gazette of Romania, Part I, no. 59 of February 1, 2003, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Chamber of Deputies at its meeting on June 26, 2003, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC This law was passed by the Senate at the meeting of June 26, 2003, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT NICOLAE VACAROIU Bucharest, July 8, 2003. No. 321. ---------