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Resolution Of 20 October 2009, By The Secretariat, That The Agreement Of The Council Of Ministers Of October 16, 2009, Which Approves The Master Plan Corresponding To The Centrale Foreign Nuclear Emergency Plan Is Published...

Original Language Title: Resolución de 20 de octubre de 2009, de la Subsecretaría, por la que se publica el Acuerdo de Consejo de Ministros de 16 de octubre de 2009, por el que se aprueba el Plan Director correspondiente al Plan de Emergencia Nuclear Exterior a las Centrale...

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TEXT

The Council of Ministers, at its meeting on 16 October, agreed to approve, after a favourable report by the Nuclear Security Council and the National Civil Protection Commission, on a proposal from the Minister of the Interior, the Plan Director corresponding to the Nuclear Emergency Plan to the Nuclear Power Stations of José Cabrera and Trillo de Guadalajara (PENGUA).

The Agreement provides for its entry into force on the day following its publication in the "Official State Gazette".

In its virtue, I resolve:

First. -Order the publication in the "Official State Gazette" of the Council of Ministers Agreement of 16 October 2000, approving the Plan Director corresponding to the Plan of Nuclear Emergency to the Nuclear power stations of José Cabrera and Trillo de Guadalajara (PENGUA), which is inserted after this Resolution.

Second. -Order the publication in the "Official State Gazette" of the Plan Director corresponding to the Nuclear Emergency Plan to the Nuclear Power Plant of José Cabrera and Trillo de Guadalajara (PENGUA), which is inserted as Annex to its approval agreement.

Madrid, October 20, 2009. -Interior Undersecretary, Justo Tomas Zambrana Pineda.

AGREEMENT APPROVING THE DIRECTOR PLAN FOR THE NUCLEAR EMERGENCY PLAN, OUTSIDE THE NUCLEAR POWER STATIONS OF JOSE CABRERA AND TRILLO DE GUADALAJARA (PENGUA)

The current Basic Nuclear Emergency Plan (PLABEN), approved by Royal Decree 1546/2004 of 25 June, and amended by Royal Decree 1428/2009 of 11 September, constitutes the revision of the previous PLABEN (approved by Agreement of the Council of Ministers of 3 March 1989).

His approval was an important process of review and adaptation of the planning for nuclear emergencies, which he has allowed, in accordance with the provisions of the second and third provisions of the Royal Decree. 1546/2004, the approval of the Nuclear Emergency Plan of the Central Response and Support Level (PENCRA), by Order INT/1695/2005, of 27 May, and the approval, by Resolution of 7 June of the Undersecretary of the Ministry of the Interior, of the guidelines for the use of the pre-population information programmes for the population, training and training of actuators and exercises and drills of Nuclear Emergency Plans, external to nuclear power plants.

In order to complete the normative development provided for in the aforementioned Royal Decree 1546/2004, it is necessary to comply with the provisions of its additional provision, which establishes that the Plan Directors of the Emergency Plans Nuclear, external to nuclear power stations, will be approved by agreement of the Council of Ministers, on the proposal of the Minister of the Interior, on the initiative of their respective Directors, prior to the favorable report of the Council of Nuclear Safety and the National Civil Protection Commission.

By Agreement of the Council of Ministers of 9 June 2006, the Directors of the Nuclear Emergency Plans, external to the nuclear power stations, were approved, being published in the Official Gazette of the State. Resolution of the Undersecretary of the Interior, 21 July 2006. However, by judgment of the Third Chamber of the Supreme Court of 17 December 2008, this Agreement was annulled by default in the course of the proceedings.

It is therefore necessary to re-approve each of the Directors ' Plans in order to achieve the development that the PLABEN foresees.

The Director Plan for the Nuclear Emergency Plan for the Nuclear Power of José Cabrera and Trillo de Guadalajara (PENGUA), which is presented, has been reported favourably by the Nuclear Security Council, at its meeting on 23 September 2009 and by the National Civil Protection Commission at its meeting on 28 April 2009.

In its virtue, on the initiative of its respective Directors, on the proposal of the Minister of the Interior, the Council of Ministers at its meeting of 16 October 2009, agrees:

First. Director Plan for the Nuclear Emergency Plan for the Nuclear Power of José Cabrera and Trillo de Guadalajara (PENGUA). -The Director Plan for the Nuclear Emergency Plan for Nuclear Power Plants is approved. by José Cabrera and Trillo de Guadalajara (PENGUA), which is inserted after this Agreement.

Second. Regulation and development enablement.-The Director of the Nuclear Emergency Plan for the Nuclear Power Plant of José Cabrera and Trillo de Guadalajara (PENGUA) may modify or update the Annex of the Director Plan that does not imply any alteration of the the essential rules or criteria laid down in the Basic Plan for Nuclear Emergency, approved by Royal Decree 1546/2004 of 25 June 2004. It may also make appropriate arrangements for its implementation and development.

Third. Repeal the Council of Ministers Agreement of 28 December 1990 approving the nuclear emergency plans of Burgos (PENBU), Cáceres (PENCA), Guadalajara (PENGUA), Tarragona (PENTA) and Valencia (PENVA) in regarding the Plan Director corresponding to the Nuclear Emergency Plan for the Nuclear Power of José Cabrera and Trillo de Guadalajara (PENGUA).

Fourth. Entry into force. This Agreement shall enter into force on the day following its publication in the Official Gazette of the State.

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