Advanced Search

Law No. 63 Of 22 March 2006 Amending And Supplementing Law No. 111/1996 Regarding The Safety Of Nuclear Activities

Original Language Title:  LEGE nr. 63 din 22 martie 2006 pentru modificarea şi completarea Legii nr. 111/1996 privind desfăşurarea în siguranţă a activităţilor nucleare

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 63 63 of 22 March 2006 to amend and supplement Law no. 111/1996 on the safe conduct of nuclear activities
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 301 301 of 4 April 2006



The Romanian Parliament adopts this law + Article I 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. The title of the law will read: " LEGE on the safe conduct, regulation, authorisation and control of nuclear activities " 2. Article 1 shall read as follows: "" Art. 1. -The object of this law is the regulation, authorization and control of nuclear activities carried out for exclusively peaceful purposes, so as to meet the requirements of nuclear safety, protection of exposed personnel professional, patient, environment, population and property, with minimal risks in accordance with the regulations and in compliance with the obligations arising from the agreements and conventions to which Romania is a party. " 3. in Article 2, letters b), f) and g) shall read as follows: " b) design, possession, location, construction-assembly, commissioning, operation, conservation and decommissioning of mining and thorium ore mining and preparation facilities and waste management facilities at the end of the year. mining and preparation of uranium and thorium ores; .......................................................................... f) the possession, transfer, import and export of unpublished information, related to materials, devices and equipment pertinent to the proliferation of nuclear weapons and other explosive nuclear devices, set out in Annex no. 1 to this Law; g) the realization of products and services for nuclear installations. " 4. In Article 2, after letter h) a new letter, letter i) is inserted, with the following contents: "" i) orphan sources, from their detection to final storage as radioactive waste. ' 5. In Article 4, paragraphs 1 and 3 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 secretary of state, coordinated by the Prime Minister, through the Prime Minister's Chancellery. ........................................................................... ((3) The financing of the commission shall be ensured in full from its own revenue, namely from tariffs charged for the authorization and control of nuclear activities, contributions of international bodies and economic operators, interest from availabilities and receipts from other sources, according to the legal provisions. " 6. In Article 5, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) The Commission shall develop the strategy and policy of regulatory, security clearance and control, protection against nuclear radiation, control of non-proliferation of nuclear weapons, physical protection of materials and installations nuclear, transport of radioactive materials and nuclear safety of radioactive waste management and burned nuclear fuel, as part of the National Strategy for the development of the nuclear field, and shall be approved by Government Decision. " 7. In Article 5, paragraph 6 shall read as follows: " (6) The Commission shall develop the Regulation of fees and charges for the authorization and control of nuclear activities, whenever necessary, with the opinion of the Ministry of Public Finance and the Ministry of Economy and Trade, which shall be approved by decision of the Government " 8. The title of section 1 shall read as follows: "Authorizations and permits for the exercise of nuclear activities for exclusively peaceful purposes" 9. In Article 8, after paragraph (2 ^ 1), a new paragraph (2 ^ 2) is inserted, with the following contents: " (2 ^ 2) The authorization issued by the commission is made on levels of exigency, depending on the associated risks of the activity carried out in accordance with the specific regulations developed by the commission based on the provisions of art. 5 5. " 10. In Article 9, paragraph 4 shall read as follows: " (4) A prerequisite for issuing the exercise permit is obtaining the specific medical opinion, based on the regulations issued by the Ministry of Health in accordance with the provisions of art. 5 5 para. ((3). ' 11. In Article 10, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "(1 ^ 1) In the authorizations issued by the commission for the owner, the user or the operator of the nuclear installations shall be explicitly mentioned." 12. In Article 11, letter d) shall read as follows: " d) the holder of the authorisation shall not fulfil his legal obligations with regard to the establishment of financial sources for the final management and storage of radioactive waste and spent nuclear fuel and the decommissioning of installations nuclear or liability insurance for damages to third parties in the event of a nuclear accident; '. 13. In Article 18, letter h) of paragraph (1) shall read as follows: "" h) has adequate and sufficient material and financial arrangements for the collection, transport, treatment, conditioning and storage of radioactive waste generated from its own activity, and for the decommissioning of the plant nuclear, when it finally ceases the authorized activity, and has paid the contribution for the establishment of financial sources for the permanent management and storage of radioactive waste and spent nuclear fuel and decommissioning nuclear installations; '. 14. In Article 19, after paragraph 2, two new paragraphs are inserted, paragraphs 2 ^ 1 and 2 ^ 2, with the following contents: " (2 ^ 1) If the economic operator, holder of the nuclear fuel, is bankrupt declared, the Government may decide, under the present law, to transfer it to an economic operator authorized by the commission. ((2 ^ 2) If the economic operator, holder of radiation sources, nuclear materials or ionizing radiation generators, is in declared bankruptcy, the commission may order, under the conditions of this law, the free takeover of to them by an economic operator authorised by the commission for the purpose of their final possession, use, scrapping, treatment and storage, as appropriate. ' 15. In Article 23, paragraphs 1 and 2 shall read as follows: "" Art. 23. -(1) The production, supply or import of those provided in art. 8 8 para. ((4) requires, in advance, of a product, model or type authorization issued by the commission. The authorization of the product, model or type is not mandatory for those provided in art. 8 8 para. ((4), manufactured and/or lawfully marketed in a Member State of the European Union or legally manufactured in a State which is a signatory of the Agreement on the European Economic Area or in a State with which Romania has concluded an agreement recognition in this regard, if the requirements applicable to them in that State present guarantees equivalent to those on the basis of which the product authorization is granted in Romania. (2) The sursele-yardstick of radiation and measuring instruments in the field of ionizing radiation must have model approval, issued by the Romanian Bureau of Legal Metrology, and be metrologically verified, in accordance with the legal provisions. For the dosimetric equipment produced in the European Union, the calibration and metrological verification carried out by the manufacturer will be accepted. " 16. In Article 26, letter c) shall read as follows: "c) pay the legal contribution to the establishment of financial sources for the permanent management and storage of radioactive waste and spent nuclear fuel and the decommissioning of nuclear installations." 17. In Article 27, letter b) shall read as follows: "b) to provide proof of payment of the legal contribution to the establishment of financial sources for the final management and storage of radioactive waste and spent nuclear fuel and the decommissioning of nuclear installations;". 18. In Article 28, paragraphs 2 and 4 shall read as follows: "" (2) Upon cessation of the activity or decommissioning of nuclear or radiological installations, as well as the transfer, in part or in full, of nuclear and radiological installations, radioactive products or nuclear materials, the holder the authorization is obliged, in advance, to request and obtain, under the conditions provided by law, the authorization of possession, preservation, decommissioning or transfer, as the case may be. ........................................................................... (. The Commission shall establish, by means of a specific regulation issued in accordance with the provisions of art. 5 5 para. (2), the concrete ways of applying this law whenever its provisions cannot be applied simultaneously with the legal provisions of another nature, in consultation with the public administration authorities in the matter, giving priority to compliance the conditions for the safe deployment of nuclear activities. '; 19. In Article 35, letters a), f), h), k) and l) shall read as follows: " a) initiates the draft normative acts in its field of competence and issues its own and common regulations with other competent authorities, according to the law; ........................................................................... f) in its field of competence may initiate, with the opinion of the Ministry of Foreign Affairs, cooperation actions with the International Atomic Energy Agency (A.I.E.A.), the Nuclear Energy Agency (A.E.N.) and other international organizations specialised; ........................................................................... h) controls, according to the law, the application of the provisions of international treaties and of the national regulations in force on the control of guarantees, physical protection, illicit trafficking, transport of nuclear and radioactive materials, protection against radiation, nuclear quality assurance, nuclear safety of nuclear and radiological installations, nuclear fuel burning and radioactive waste management and nuclear accident intervention; ........................................................................... k) ensure that the public is informed of the issues within the competence l) organize public debates in its field of competence, according to the law; ". 20. In Article 37, paragraph 1 shall read as follows: "" Art. 37. -(1) The central authority for environmental protection organizes, 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. " 21. In Article 40, paragraphs 1, 3, 5 and 6 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 Ministerial Emergency Committee of the Ministry of Administration and Internals, with the cooperation of all specialized bodies of the central and local public administration with powers in the matter. ........................................................................... ((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 cross-border 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 General Inspectorate for Emergency Situations of the Ministry of Administration and Interior. ........................................................................... (5) The intervention plan provided for in par. (2) is approved by the commission, those provided in par. (3) is approved by the Ministerial Committee for Emergency Situations of the Ministry of Administration and Interior, and those provided in par. (4) is approved by the heads of the central and local public authorities, with the opinion of the General Inspectorate for Emergency Situations of the Ministry of Administration and Interior. (6) The applicability of the intervention plan shall be checked and evaluated periodically: the one referred to in par. (2), by the commission, and those provided in par. ((3) and (4), by the General Inspectorate for Emergency Situations of the Ministry of Administration and Interior. " 22. Article 42 shall read as follows: "" Art. 42. -The National Customs Authority of the Ministry of Public Finance will control and admit the entry into the country or exit from the country, based on the authorization issued by the commission, of the goods for which this law requires authorization. " 23. Article 42 ^ 1 shall be repealed. 24. In Article 46 ^ 1, letter a) of paragraph (1) shall read as follows: "a) the spread or deliberate introduction into the atmosphere, water, on the ground or in the basement of radioactive materials, likely to endanger the health of humans or animals or the environment, with imprisonment from 5 to 20 years;". 25. In Article 47, letter q) shall read as follows: " q) non-compliance with Article 29 29; '. 26. Article 48 shall read as follows: "" Art. 48. -(1) Contraventions provided in art. 47 lit. i) and k) are sanctioned with a fine of 100 lei to 3,000 lei. (2) Contraventions provided in art. 47 lit. a), c), d), e), n) and r) are sanctioned with a fine of 3,000 lei to 10,000 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 of 2,000 lei to 20,000 lei. (4) The limits of contravention fines shall be updated by Government decision. " 27. After Article 54 a new article is inserted, Article 54 ^ 1, with the following contents: "" Art. 54 54 ^ 1. -(1) At the time of Romania's accession to the European Union, the provisions of 2 lit. a), c), e) and f) and art. 8 of this law on import, export and transit to and from European Union states. (2) At the time of Romania's accession to the European Union, the control of nuclear safeguards will be carried out under the EURATOM Treaty 28. Annex no. 2, points 3, 4, 6 and 9 will read as follows: " 3. competent national authority in the field of nuclear activities for exclusively peaceful purposes-the authority, established by law, with legal competence to regulate nuclear activities for exclusively peaceful purposes, authorizing these activities and control of their deployment; 4 4. authorization-document issued by the national competent authority in the field of nuclear activities, for exclusively peaceful purposes, on the basis of a nuclear safety and control assessment, to a legal person, at its request, for carrying out a nuclear activity; ........................................................................... 6. nuclear fuel-material or a mechanical assembly containing raw material or special fissile material, specially designed for use in a nuclear reactor, for the purpose of nuclear energy; ........................................................................... 9. radiological installation-ionizing radiation generator, installation, apparatus or device that extracts, produces, processes or contains radioactive materials, other than those defined in section 1. 10 10. " 29. Annex no. 2, after point 30, six new points are inserted, paragraphs 31-36, with the following contents: " 31. Mining plant-the totality of mining works and installations on the surface and underground, through which the extraction and transport of ore and sterile, the aeration and evacuation of waters, including the household installations, are ensured. associated waste, which together make up a mine or a quarry; 32. preparation plant-the totality of the existing constructions and installations on the technological flow, which contribute to the preparation of ores, including the associated waste management facilities; 33. plant for the management of radioactive waste from the mining and preparation of uranium and thorium ores-the totality of the constructions and installations through which the collection, transport, processing, conditioning and final storage of radioactive waste, including: a) the halde or the group of hales belonging to a geological research mine or to an extraction mine of uranium and thorium; b) the radioactive depollution plant of liquid effluents from mining and preparation of uranium and thorium ores; c) final storage pond or other premises specially designed and arranged for the final storage of radioactive waste from the preparation of uranium and thorium ores; 34. uranium ore-substance in the deposit or extracted by mining methods, which has a uranium content of more than 0,004%; 35. Torium ore-substance in the deposit or extracted by mining methods, which has a torium content of more than 0,012%; 36. illicit trafficking-any action involving an unauthorized nuclear activity of possession, transfer, import and export for nuclear materials, of nuclear interest, radioactive materials, equipment and devices pertinent to proliferation nuclear weapons, as well as nuclear and radiological installations. " 30. Annex no. 3, points 5, 6, 8 and 9 will read as follows: "" Five. Ministerial Emergency Committee of the Ministry of Administration and Interior 6. General Inspectorate of Police of the Ministry of Administration and Interior ........................................................................... 8. National Export Control Agency 9. National Customs Authority of the Ministry of Public Finance. " + Article II Law no. 111/1996 on the safe conduct of nuclear activities, republished in the Official Gazette of Romania, Part I, no. 78 of February 18, 1998, with subsequent amendments and completions, as well as 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 Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, DANIELA POPA SENATE PRESIDENT NICOLAE VACAROIU Bucharest, March 22, 2006. No. 63. _______