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Law No. 320 Of 8 July 2003 Approving Ordinance No. 11/2003 On The Management Of Spent Nuclear Fuel And Radioactive Waste, Including Final Storage

Original Language Title:  LEGE nr. 320 din 8 iulie 2003 pentru aprobarea Ordonanţei Guvernului nr. 11/2003 privind gestionarea combustibilului nuclear uzat şi a deşeurilor radioactive, inclusiv depozitarea finala

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LEGE no. 320 320 of 8 July 2003 for approval Government Ordinance no. 11/2003 on the management of spent nuclear fuel and radioactive waste, including final storage
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 527 527 of 22 July 2003



The Romanian Parliament adopts this law + Article I Approval Government Ordinance no. 11 11 of 30 January 2003 on the management of spent nuclear fuel and radioactive waste, including final storage, adopted pursuant to art. 1 1 section V. 5 of Law no. 680/2002 on the empowerment of the Government to issue ordinances, published in the Official Gazette of Romania, Part I, no. 61 of 1 February 2003, with the following amendments and additions: 1. The title of the ordinance shall read as follows: " ORDINANCE on the management of spent nuclear fuel and radioactive waste, including permanent storage " 2. Article 1 shall read as follows: "" Art. 1. -The management of spent nuclear fuel and radioactive waste, including permanent storage, shall be carried out in compliance with national nuclear safety standards and standards, protection against ionising radiation of personnel professionally exposed, the population, the environment and the property, as well as the international agreements to which Romania is a party. " 3. Article 2 shall read as follows: "" Art. 2. -The object of this ordinance is the distribution of responsibilities and the establishment of financial sources intended to support and carry out activities on the management of spent nuclear fuel and radioactive waste, as well as their permanent storage, during the useful life of nuclear and radiological installations, including during their decommissioning, in conditions to ensure nuclear safety and the protection against ionising radiation of personnel professionally exposed, of the population, of the environment and of the property, currently and in future, without compromising the needs and aspirations of future generations. " 4. Paragraph 1 of Article 3 shall read as follows: "" Art. 3. -(1) The provisions of this ordinance shall apply for the definitive storage and safe management of both spent nuclear fuel and radioactive waste resulting from the nuclear fuel cycle and radioactive waste. results from the applications of nuclear techniques and technologies in industry, medicine, agriculture and other areas of socio-economic interest, including those resulting from the decommissioning of nuclear and radiological installations. " 5. Article 4 shall read as follows: "" Art. 4. -Based on the management of spent nuclear fuel and radioactive waste, including final storage, the following general principles are: a) the principle of the use only of processes and methods for the management of spent nuclear fuel and radioactive waste so as to ensure the acceptable level of protection against ionising radiation for the health of the population and environment, including consideration of possible cross-border effects; b) the principle of "spent nuclear fuel and radioactive waste"; c) the principle of responsibility of the spent nuclear fuel generator and radioactive waste; d) the principle of using the best available techniques without training unjustified costs for future generations; e) the principle of maintaining the lowest level of activity and volume of spent nuclear fuel and radioactive waste. " 6. Article 5 shall read as follows: "" Art. 5. -For the purposes of this ordinance, the expressions and terms used shall have the following meanings: a) holder of authorization-legal person authorized to carry out nuclear activities on the basis of Law no. 111/1996 on the safe conduct of nuclear activities, republished, with subsequent amendments and completions; b) 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, thereby increasing its exposure the likelihood of exposure of persons or the number of c) management of spent nuclear fuel-all activities related to the handling of the fuel, including control of the resulting effluents, intermediate storage and/or disposal; d) radioactive waste management-all activities, including decommissioning, related to handling, pretreatment, treatment, conditioning, intermediate storage and/or permanent storage, transport and control of the resulting effluents; e) the 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; f) spent nuclear fuel-nuclear fuel irradiated inside a reactor and which has been permanently removed from it; g) radioactive waste-radioactive material in the gaseous, liquid or solid form, for which no use has been provided, containing or being contaminated by radionuclides in concentrations above the exemption limits; h) effluent control-the planned and controlled release into the environment, within authorized limits, of liquid or gaseous radioactive materials originating from authorized nuclear installations, including during the normal operation of the facilities; i) intermediate storage-retention of spent nuclear fuel or radioactive waste in an installation that ensures their isolation, control and monitoring and which can subsequently be treated for final storage or may be direct permanently stored; j) definitive storage-the final location of spent nuclear fuel or radioactive waste in a suitable nuclear facility; k) nuclear installation-1. any nuclear reactor, with the exception of the one with which a means of sea or air transport is equipped to be used as a source of power, whether for propulsion or for any other purpose; 2. any plant using nuclear fuel for the production of nuclear materials, including any irradiated nuclear fuel retreatment plant; 3. 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, shall be considered as a single nuclear installation; l) sources-emitter of ionizing radiation and any radioactive material; m) useful life-the time when the spent fuel or radioactive waste management facility is used for the purpose for which it was designed; in the case of a permanent storage facility, it means time calculated from the storage of spent nuclear fuel or radioactive waste until its closure and sealing; n) the closure of a definitive storage facility-the completion of all operations subsequent to the definitive storage of spent nuclear fuel or radioactive waste comprising and the last works or other actions necessary to ensure long-term safety of the installation o) decommissioning-all stages leading to the final disposal of a nuclear installation, other than the final storage facility; these steps also include the decontamination and dismantling processes of the installation; p) generator of spent nuclear fuel and radioactive waste-legal person carrying out activities resulting from radioactive waste; r) radiological installation-nuclear radiation generator, installation, apparatus or device which extracts, manufactures, processes or contains radioactive materials and generates radioactive waste; s) national strategy-the document on the basis of which the management of spent nuclear fuel and radioactive waste, including definitive storage, and the decommissioning of nuclear and radiological installations, are carried out 7. The title of Chapter II shall read as follows: "" Management of spent nuclear fuel and radioactive waste, including permanent storage ' 8. Article 6 shall read as follows: "" Art. 6. -Authorisation holders have the obligation to manage spent nuclear fuel and radioactive waste generated, with a view to their final disposal throughout the useful life of nuclear and radiological installations, including during decommissioning them. " 9. Article 7 shall read as follows: "" Art. 7. -(1) The national coordination of the safe management process of spent nuclear fuel and radioactive waste generated by nuclear authorisation holders and their final disposal shall be based on the Strategy. national in the medium and long term. (2) The national strategy is the component of the National Strategy for the Development of Nuclear. (3) Radioactive waste can be classified by activity level and after life. ((4) The establishment of limits on types of waste shall be by joint order of the President of the National Commission for the Control of Nuclear Activities and of the President of the National Agency for Radioactive Waste. 10. Article 8 shall read as follows: "" Art. 8. -The national coordination of the safe management process of spent nuclear fuel and radioactive waste generated by nuclear authorisation holders and their final disposal shall be made by the national authority. competence in the field. " 11. Article 9 shall read as follows: "" Art. 9. -(1) The national competent authority in the field of national coordination of the process of safe management of spent nuclear fuel and radioactive waste, including permanent storage, is the National Waste Agency Radioactive, hereinafter referred to as ANDRAD. (2) ANDRAD is a legal person, subordinated to the Ministry of Economy and Trade, based in Mioveni, Str. Field no. 1/C.P. 78, Arges County. " Article 10 will read as follows: "" Art. 10. -(1) The ANDRAD patrimony is constituted by taking over a part of the patrimony of the Nuclear Research Branch of the Autonomous Regia for Nuclear Activities Drobeta-Turnu Severin, by Government decision. ((2) ANDRAD is headed by a board of directors. (3) The Board of Directors of ANDRAD and its chairman shall be appointed by order of the Minister of Economy and Trade. " 13. Article 11 shall read as follows: "" Art. 11. -ANDRAD operates on the basis of the regulation of organization and functioning, approved by Government decision. " 14. Article 12 shall read as follows: "" Art. 12. -ANDRAD has as its object of activity the national coordination of the safe management process of both spent nuclear fuel and radioactive waste resulting from the operation of nuclear power and/or research reactors, decommissioning of nuclear and radiological installations and radioactive waste from nuclear technology and technology applications in industry, medicine, agriculture and other areas of socio-economic interest, including storage Their final. " 15. Letters a)-d), f)-i) and k) of article 15 shall read as follows: " a) draw up the National Strategy and submit it for approval to the Nuclear Agency; b) develop and submit for approval to the coordinating ministry, on the basis of the National Strategy, the Annual Plan of Activities, hereinafter referred to as the PAA, and the related sources of funding regarding the national coordination of the management process of spent nuclear fuel and radioactive waste, including permanent storage, and decommissioning of nuclear and radiological installations; c) ensure the establishment and annual update of a national database on the quantities, types of radioactive waste and spent nuclear fuel, including those resulting from the decommissioning of nuclear and radiological installations; d) analyse the relevant data on the characteristics of spent nuclear fuel and radioactive waste resulting from the operation of nuclear and radiological installations; ............................................................... f) develop specific technical procedures and rules for all stages of the management of spent nuclear fuel and radioactive waste, including permanent storage, and decommissioning of nuclear and radiological installations; g) coordinate the development of feasibility and site studies, design, construction, commissioning and operation of the final deposits of spent nuclear fuel and radioactive waste; h) coordinates all stages of decommissioning of nuclear and radiological installations; i) directly or through third parties ensure the physical protection of their final storage of spent nuclear fuel and radioactive waste; ............................................................... k) cooperate with similar institutions abroad in order to use the latest technologies for the definitive storage of spent nuclear fuel and radioactive waste. " 16. in Article 15, after letter b), insert letter b ^ 1) with the following contents: "b ^ 1) ensures the establishment of national deposits for the definitive storage of spent nuclear fuel and radioactive waste; the national deposits established will be in the patrimony and in the management of ANDRAD;" 17 17. The letter c) of Article 17 shall read as follows: "c) other sources of funding approved by the Government." 18. Article 18 shall read as follows: "" Art. 18. -The incomes constituted in accordance with art. 17 are administered by ANDRAD which proposes annually the amounts necessary to finance the activities contained in the PAA, regarding the national coordination of the spent nuclear fuel and radioactive waste management process, including permanent storage, and decommissioning of nuclear and radiological installations. " 19. Article 20 shall read as follows: "" Art. 20. -Nuclear authorization holders will report annually, until December 1, to ANDRAD the quantities and types of spent nuclear fuel and radioactive waste, generated in the current year and those forecast to be generated in the following year, in to update the database on the coordination at national level of the spent nuclear fuel and radioactive waste management process, including permanent storage, and decommissioning of nuclear and radiological installations. '; 20. Article 21 shall read as follows: "" Art. 21. -Direct liability for the management of spent nuclear fuel and radioactive waste, until their final disposal, returns to holders of authorisation, throughout their useful life, including during the decommissioning of installations. nuclear and radiological. " 21. Article 22 shall read as follows: "" Art. 22. -The authorization holders are required to finance their own collection, sorting, treatment, conditioning, intermediate storage and transport activities for the final storage of spent nuclear fuel and radioactive waste. generated from activities of operation, maintenance and repair, including decommissioning of nuclear and radiological installations. " 22. Article 23 shall read as follows: "" Art. 23. -Authorisation holders shall, where appropriate, be required to finance their research and development activities on the management of spent nuclear fuel and radioactive waste. " 23. Article 25 shall read as follows: "" Art. 25. -In the case of reorganization of the authorization holder, liability for the management of spent nuclear fuel and radioactive waste returns to the new authorisation holder, which will also take over the expenditure on nuclear fuel management spent and radioactive waste, including those for permanent storage, in the current year. " 24. Article 28 shall read as follows: "" Art. 28. -The import of spent nuclear fuel and radioactive waste for the purpose of final storage is prohibited and is sanctioned according to Law no. 111/1996 , republished, with subsequent amendments and completions. " 25 25. The letter d) of Article 29 shall be repealed. 26. Article 30 shall read as follows: "" Art. 30. -The finding of contraventions and the application of sanctions shall be made by authorized representatives of ANDRAD, based on the controls carried out on spent nuclear fuel and radioactive waste generators. " 27. Article 33 shall read as follows: "" Art. 33. -Within 30 days from the entry into force of the law approving this ordinance, the Government will approve by decision the constitution of the patrimony and the Regulation of organization and functioning of ANDRAD. " + Article II This law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I. + Article III Government Ordinance no. 11/2003 on the management of spent nuclear fuel and radioactive waste, including final storage, published in the Official Gazette of Romania, Part I, no. 61 of February 1, 2003, with the amendments and completions brought by this law, shall be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. 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 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 Bucharest, July 8, 2003. No. 320. ------------------