JOHN CARLOS I

spain king

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

The creation of the Nuclear Security Council by Law 15/1980 of 22 April, as the only Agency responsible for nuclear safety and radiation protection, independent of the General Administration of the State, it was a fundamental milestone in the development of nuclear safety in Spain and allowed to equate the Spanish regulatory framework in the field of nuclear energy to those of the most advanced countries in this field.

Although this law has been modified in some respects-mainly by Law 14/1999 of 4 May, of Public Fees and Prices for services provided by the Nuclear Security Council-the time since its promulgation advises its updating in order to take into account the experience acquired during this period, to incorporate the specific modifications that have been made in its articulated, to adapt it to the increasing social sensitivity in The European Community is a key partner in the development of the European Community. ensure the maintenance of their effective independence and enhance the transparency and effectiveness of the Agency. Given the tasks the Nuclear Security Council has entrusted to it, it is essential that its actions have the necessary credibility and trust on the part of the society to which it has the task of protecting against undesirable effects. of ionising radiation. To this end, it is necessary to establish the appropriate mechanisms for the functioning of the Nuclear Safety Council to be carried out in the necessary conditions of transparency which favour such trust. In line with what is established in the so-called Aarhus Convention, ratified by Spain on 15 December 2004 and in Law 27/2006 of 18 July on the rights of access to information, public participation and access to information justice in the field of the environment, in which citizens ' right to access to information is guaranteed, the participation of society in the operation of that body and the right to the interposition of resources. Definitions are developed in the field of the regulatory instruments of the Nuclear Safety Council, its role in the field of physical protection of nuclear and radioactive materials and installations is strengthened and the object of ensure the required independence, the requirements to be met by the procurement of external services are required. Furthermore, in view of the fundamental objective of ensuring that the functioning of nuclear and radioactive installations is carried out at the maximum possible level of safety, the obligation for their workers to communicate is laid down. any event that may affect the safe operation of the same by protecting them from possible retaliation. Finally, this Law provides for the establishment of an Advisory Committee, as an advisory and consultative body, open to the participation of representatives of the institutional, territorial, scientific, technical, business, trade unions and the environment, whose mission will be to issue recommendations to the Nuclear Safety Council to improve transparency, access to information and public participation in the areas of its competence.

Single item. Amendment of Law 15/1980 of 22 April of the creation of the Nuclear Safety Council.

1. Article 1 of Law 15/1980 of 22 April of the establishment of the Nuclear Safety Council is amended, and is worded as follows:

" Article 1.

1. The Nuclear Security Council is created as an entity governed by public law, independent of the General Administration of the State, with legal personality and its own and independent assets of the State, and as the only competent body in matters of nuclear safety and radiation protection.

It shall be governed by a Statute of its own drawn up by the Council and approved by the Government, the text of which shall be forwarded to the competent committees of the Congress and the Senate prior to its publication, and for any specific provisions are intended to be used, without prejudice to the application of the provisions of the common or special legislation. 2. The Council shall draw up the preliminary draft of its annual budget, in accordance with the provisions of the General Budget Law and raise it to the Government for integration into the General Budget of the State. "

2. Article 2 of Law 15/1980 of 22 April of the establishment of the Nuclear Safety Council is amended, and is worded as follows:

" Article 2.

The functions of the Nuclear Security Council shall be as follows: (a) Propose to the Government the necessary regulations on nuclear safety and radiation protection, as well as the revisions it deems appropriate. Within this regulation, the objective criteria for the selection of sites for nuclear installations and for the first category of radioactive radioactive waste shall be laid down in the form and time-limit of the Autonomous Communities. Regulations shall be determined.

You may also develop and approve instructions, circulars and technical guides relating to nuclear and radioactive installations and activities related to nuclear safety and radiation protection. The instructions are technical standards for nuclear safety and radiation protection which will be binding on the subjects affected by their scope, once notified or, where appropriate, published in the Official Journal of the European Union. State. The process of drawing up the Council's instructions will encourage the participation of stakeholders and the public in the terms provided for in Law 27/2006 of 18 July on the rights of access to information, public participation and access to justice in the field of the environment. The instructions shall be communicated to the Congress of the Members prior to their approval by the Council. The circulars are technical documents of an informative nature which the Council may direct to one or more subjects affected by its scope to be interested in facts or circumstances related to nuclear safety or protection. Radiation. The guides are technical documents of a recomendatory nature with which the Council may direct guidance to the subjects affected in relation to the current regulations regarding nuclear safety and radiation protection. In addition, the Nuclear Safety Board may send directly to the holders of the authorisations referred to in paragraph (b) of this Article additional technical instructions to ensure the maintenance of the security conditions and requirements. (b) to issue reports to the Ministry of Industry, Tourism and Trade concerning nuclear safety, radiation protection and physical protection prior to the resolutions adopted by the Ministry of Industry, Tourism and Trade nuclear and radioactive materials, the transport of nuclear or radioactive materials, the manufacture and approval of equipment incorporating radioactive sources or generating ionising radiation, the operation, restoration or closure of uranium mines, and, in general, all the activities related to the handling, processing, storage and transport of nuclear and radioactive substances. To issue reports prior to the resolutions of the Ministry of Industry, Tourism and Trade regarding the authorization of companies for sale and technical assistance of X-ray equipment and facilities for medical diagnosis and other equipment intended for radioactive installations and carry out their inspection and control. To issue reports prior to decisions which in exceptional cases and circumstances dictate the Ministry of Industry, Tourism and Trade, on its own initiative or at the request of the Nuclear Safety Board, in relation to withdrawal and management safe from radioactive materials. Such reports shall in any event be mandatory and, in addition, binding when they have a negative or negative character, and, in the case of positive conditions, they shall also be binding. The procedures in which the reports referred to in this paragraph are to be issued may be suspended by the body responsible for its resolution, exceptionally, for an indefinite period until the issue of such reports or during the period the time it is deemed appropriate for them to be issued, giving reasons for the suspension. (c) carry out any inspection of nuclear or radioactive installations during the various stages of the project, construction and commissioning, in the transport, manufacture and approval of equipment incorporating radioactive sources or are generators of ionising radiation, and the approval or validation of packages intended for the transport of radioactive substances in order to ensure compliance with the legislation in force and the conditions imposed on them corresponding authorizations, with the right to stop the works or activities in case of occurrence of anomalies affecting the safety and until these are corrected, being able to propose the annulment of the authorization if the anomalies are not susceptible to be corrected. (d) to carry out the inspection and control of nuclear and radioactive installations during their operation and until their closure, in order to ensure compliance with all established rules and conditions, both in general and in (a) the persons established for the installation, in order to ensure that the operation of such installations does not entail undue risks, either for persons or for the environment. The Nuclear Security Council has the authority to suspend the operation of the facilities or the activities to be carried out, for security reasons. (e) Propose the opening of the sanctioning files which it considers relevant in the field of its powers, in accordance with the legislation in force. Furthermore, the Nuclear Safety Council, which is initiating a procedure for sanctioning nuclear safety, radiation protection or physical protection, shall issue a report within three months for the appropriate time. qualification of the facts under the procedure. This report shall be issued where such initiation is at the request of another body, or where it has been initiated as a result of a reasoned request from the Nuclear Safety Board itself, other information shall be found in that procedure. in addition to the statements made by that body. (f) Collaborate with the competent authorities in the preparation of the criteria to be met by the external emergency plans and the plans for the physical protection of nuclear and radioactive installations, and once the plans have been drawn up. participate in its approval. To coordinate, for all aspects related to nuclear safety and radiation protection, measures to support and respond to emergency situations, integrating and coordinating the various public or private bodies and companies whose competition is necessary for the performance of the functions attributed to this Agency. Also, to carry out any other emergency activities assigned to it in the applicable regulations. (g) to monitor the radiation protection measures of professionally exposed workers, the public and the environment. Monitor and control the radiation doses received by the operating personnel and discharges of radioactive materials to the outside of nuclear and radioactive installations and their particular or cumulative incidence in the areas of influence of These installations. To assess the environmental radiological impact of nuclear and radioactive installations and activities involving the use of ionising radiation, in accordance with the provisions of the applicable legislation. Monitor and monitor the radiological quality of the environment throughout the national territory, in compliance with the international obligations of the Spanish State in the field, and without prejudice to competition from different administrations public have been attributed. In the same way, it will cooperate with the competent authorities in the field of environmental radiological surveillance outside the zones of influence of nuclear or radioactive installations. (h) to cooperate with the competent authorities in relation to programmes for the radiation protection of persons undergoing medical diagnosis or treatment with ionising radiation. (i) Grant and, where appropriate, revoke the authorisations for the entities or undertakings providing services in the field of radiation protection and carry out inspection and control in the field of nuclear safety and security; (i) the radiological, the above mentioned entities, companies, services and centres. To cooperate with the competent authorities in relation to the health surveillance of workers professionally exposed and in the medical care of persons potentially affected by ionizing radiation. Create and maintain the Registry of External Companies to the holders of nuclear or radioactive installations with workers classified as professionally exposed and to carry out the control or inspections that it deems necessary for them companies. (j) to issue, at the request of a party, statements of favourable assessment on new designs, methodologies, simulation models or verification protocols related to nuclear safety and radiation protection. (k) inform the Ministry of Industry, Tourism and Trade in relation to concentrations or levels of activity, for consideration as radioactive waste, of materials containing or incorporating radioactive substances and for that no use is planned. (l) Grant and renew, by carrying out the tests which the Council itself establishes, the Licenses of Operator and Supervisor for nuclear or radioactive installations, the diplomas of Head of the Radiological Protection Service, and accreditations to direct or operate X-ray facilities for medical diagnosis purposes. It shall also approve specific training and training programmes and courses in the field of nuclear safety and radiation protection which enable the operation of radioactive installations and equipment to operate or operate. X-ray facilities for medical diagnosis purposes, and those who train to perform the functions of Head of Radiological Protection Service. ll) Carry out studies, evaluations and inspections of the necessary plans, programmes and projects for all phases of the management of radioactive waste. (m) Assessor, where required for this purpose, the courts and bodies of public administrations in the field of nuclear safety and radiation protection. (n) Maintain official relations with foreign similar bodies and participate in international bodies with competence in nuclear safety or radiation protection. It may also cooperate with international organisations or organisations in programmes of assistance in the field of nuclear safety and radiation protection by participating in its implementation either directly or through recruitment to this end, third persons or entities, in accordance with the conditions laid down by those organizations, inform the public, on matters of their competence, with the extent and periodicity which the Council determines, without prejudice to the advertising of their administrative actions in the legally established terms. (o) Know the Government and advise it on commitments to other countries or international bodies in the field of nuclear safety and radiation protection, which shall be taken into account in the exercise of the functions which are conferred on the Council by this Law. (p) To establish and monitor research plans in the field of nuclear safety and radiation protection. (q) To collect accurate information and to advise, where appropriate, of the conditions which may arise in persons from ionising radiation arising from the operation of nuclear or radioactive installations. (r) to inspect, assess, monitor, propose and adopt, if necessary, by informing the competent authority, how many preventive and corrective measures are necessary in the event of exceptional or emergency situations which arise and which may to affect nuclear safety and radiation protection, where they originate from installations, equipment, undertakings or activities not subject to the authorisation regime for nuclear legislation. (s) Archiving and guarding the documentation, which shall send to the Nuclear Safety Board the holders of the authorisations for the exploitation of nuclear installations, when the final cessation of the practices occurs and with a prior to the the transfer of ownership and the granting of the authorisation to dismantle them. (t) Collaborate with the competent authorities in the development of inspections of nuclear safeguards resulting from the commitments entered into by the Spanish State. (u) any other which, in the field of nuclear safety and radiation protection, is legally assigned to it. "

3. Article 4 of Law 15/1980 of 22 April of the creation of the Nuclear Safety Council is amended, and is worded as follows:

" Article 4.

1. The Nuclear Security Council shall consist of a President and four Directors.

2. The legal status of the Nuclear Safety Board shall be in accordance with the provisions of its Staff Regulations and in accordance with Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and of the Common Administrative Procedure with regard to the arrangements for the adoption of agreements. 3. The relations between the plenary session of the Nuclear Security Council, as a collegial organ of its leadership, and the Presidency, is the one of competence, and there is no hierarchical subordination between them. Relations between the two management bodies shall be governed by the principles of cooperation, weighting and respect for the legitimate exercise of the powers of the other body. 4. The Council shall appoint from among its members, on the proposal of any of its members, a Vice-President, who shall replace the President, in cases of absence, vacancy and illness. 5. The Council shall be assisted by a General Secretariat, which shall be responsible for the administrative and legal bodies for the performance of its purposes, as well as for those internal or external technical bodies that provide for the Statutes. The Secretary-General shall act as the Secretary of the Council. "

4. Articles 5 and 6 of Law 15/1980 of 22 April of the establishment of the Nuclear Safety Council are amended, as follows:

" Article 5.

1. The Chairman and Directors of the Nuclear Safety Board shall be appointed among persons of known solvency in matters entrusted to the Council such as the fields of nuclear safety, technology, radiation protection and the environment. environment, medicine, legislation or any other connection with the previous ones, as well as in energy in general or industrial safety, especially valuing their independence and objectivity of criteria.

2. They shall be appointed by the Government, on a proposal from the Minister of Industry, Tourism and Trade, after the person proposed for the position before the corresponding Commission of the Congress of Deputies, in the terms provided for by the Regulation of the Congress. The Congress, through the competent Commission and by agreement of the three fifths of its members, shall express its acceptance or reasoned veto within one calendar month of receipt of the corresponding communication. After that period without express expression of the Congress, the corresponding appointments shall be deemed to be accepted. The period of stay in office shall be six years, and may be designated by the same procedure as the maximum for a second period of six years. The positions of President and Directors may not be held by persons over the age of seventy. 3. The Secretary-General of the Council and those responsible for other technical bodies providing for the Statute shall be appointed by the Government on a proposal from the Ministry of Industry, Tourism and Trade, and after a favourable report by the Council. The position of Secretary-General of the Council, as well as of those other Secretaries-General who provide for the Statute, may not be held by persons over 70 years of age.

Article 6.

The charges of President, Councillors, General Secretary of the Council, and those other technical bodies that provide for the Statutes are incompatible with any other charge or function, whether paid or not, by perceiving exclusively, the entire duration of his or her term of office, the remuneration to be paid to the attention of the importance of his/her role. When he ceases to be in office and for the following two years, he will not be able to engage in any professional activity related to nuclear safety and radiation protection. The economic compensation to be collected under this limitation shall be determined in accordance with this Regulation. '

5. Article 7 (1) of Law 15/1980 of 22 April of the establishment of the Nuclear Safety Council is amended, as follows:

" 1. The Chairman and Directors of the Nuclear Safety Board shall cease for the following reasons: (a) For the age of seventy years.

b) To end the period for which they were designated. (c) At its own request. (d) To be included in any of the incompatibilities established in this Law. (e) By decision of the Government through the same procedure established for the appointment when they are deemed unfit for the performance of their duties or for failing to attend to the duties of their duties.

The Congress of Deputies, through the competent committee and by agreement of the three fifths of its members, may at any time urge the government to cease the president and members.

When the end of the term for which the president and the members are appointed, they will continue in the exercise of their duties until they have taken possession of those who will succeed them. The Congress, through the appropriate Commission, shall confirm the extension in the event that it exceeds six months. "

6. Article 8 of Law 15/1980 of 22 April of the establishment of the Nuclear Safety Council is amended, and is worded as follows:

" Article 8.

1. The technical staff of the Nuclear Security Council shall be made up of officials of the Nuclear Safety and Radiological Protection Corps. The system of entry, provision of posts, administrative situations, professional promotion, mobility and other duties and duties of the officials of this special body, will be the same as that of the officials of the General Administration of the State, taking into account the functional scope of that body.

2. The Council, acting in accordance with the rules laid down in the Staff Regulations, may contract the services of national or foreign personnel, undertakings and organisations exclusively for the purpose of carrying out work or the preparation of studies. (a) specific, provided that it is established that there is no link with those affected by the procurement services. In no case other than the Nuclear Security Council, no other person may participate directly in the decision-making on the administrative files in progress. The Nuclear Safety Board shall establish the means necessary to ensure that the staff, undertakings and external organisations engaged in contract respect, at all times, the required independence obligations during the provision of their services. "

7. Article 11 of Law 15/1980 of 22 April of the creation of the Nuclear Safety Council is amended, and is worded as follows:

" Article 11.

The Nuclear Security Council will keep the government and the Congress of Deputies and the Senate promptly informed of any circumstances or events affecting the security of nuclear and radioactive installations or the nuclear facilities. the radiological quality of the environment anywhere within the national territory, as well as the governments and regional parliaments concerned.

As far as the Congress of Deputies and the Senate are concerned, this information will be channeled through an ad hoc committee or parliamentary commission, which will also be made aware of the fulfillment of all the resolutions. issued by the Chambers whose execution is the responsibility of the Nuclear Security Council. Such a committee or committee may ask for any hearings held by Council officials to be appropriate. In turn, the Council plenary may also request through the same presentation or commission to appear to report any issue of its competence that it considers to be of interest to the Chambers. On an annual basis, the Nuclear Safety Board shall send to both chambers of the Spanish Parliament and to the regional parliaments of those Autonomous Communities in the territory of which nuclear installations are located, a report on the development of their activities. "

8. An article 12 is added to Law 15/1980 of 22 April of the creation of the Nuclear Safety Council, being worded as follows:

" Article 12.

The right of access to information and participation of the public in relation to the powers of the Council relating to nuclear safety and radiation protection shall be governed by the provisions of Law 27/2006 of 18 July 2009. The law governing the rights of access to information, public participation and access to justice in the field of the environment. "

9. An article 13 is added to Law 15/1980 of 22 April of the creation of the Nuclear Security Council, being worded as follows:

" Article 13.

1. Natural or legal persons at the service of nuclear and radioactive installations, whatever the employment or contractual relationship they maintain with them, shall make known to the holders any known facts affecting or it may affect the safe operation of the same and compliance with the existing rules on nuclear safety or radiation protection.

In case the holders do not take corrective action, they must be brought to the attention of the Nuclear Safety Board. 2. Employers who retaliate against workers who make knowledge of the Nuclear Safety Council facts related to the security of the facilities will be sanctioned according to the provisions of the legislation on nuclear energy. 3. The administrative mechanisms necessary to facilitate the exercise of this right shall be developed. 4. The exercise of this right may not report adverse effects on the worker in his or her job except in the cases where bad faith in his/her performance is credited. The decisions of the holder taken to the detriment or detriment of the employment rights of workers who have exercised the right provided for in this Article shall be construed as null and void. '

10. An article 14 is added to Law 15/1980 of 22 April of the creation of the Nuclear Security Council, being worded as follows:

" Article 14.

The Nuclear Security Council will have to facilitate access to information and the participation of citizens and civil society in its operation. To this end: 1. It will inform citizens about all the relevant facts related to the operation of nuclear and radioactive installations, especially in everything that refers to their safe operation, to the impact (a) radiological information for persons and the environment, events and incidents occurring in the same, as well as the corrective measures implemented to avoid the repetition of events. To facilitate access to this information, the Nuclear Security Council will make use of information and communication technologies.

2. Inform all Council agreements, with a clear statement of the issues, the reasons for the agreement and the outcome of the voting. 3. Submitting to public comments the instructions and technical guides, during the elaboration phase, making extensive use of the corporate website of the Nuclear Security Council to facilitate the access of citizens. 4. To promote and participate in information forums, in the environments of nuclear installations, in which aspects related to the operation of the same and in particular the preparation for emergency situations and the analysis of the events that occurred. "

11. An article 15 is added to Law 15/1980 of 22 April of the creation of the Nuclear Security Council, being worded as follows:

" Article 15.

1. An Advisory Committee for Public Information and Participation on Nuclear Safety and Radiological Protection, chaired by the Chairman of the Nuclear Security Council, whose mission will be to issue recommendations to the Nuclear Security Council, is hereby established. in order to improve transparency, access to information and public participation in matters falling within its competence.

The Advisory Committee's recommendations will not be binding on the Nuclear Safety Board. 2. This Advisory Committee will be composed of the following members, who will be appointed by the President of the Board of Nuclear Security:

(a) A representative on a proposal from the Ministry of Industry, Tourism and Trade.

b) A representative on a proposal from the Ministry of Health and Consumer Affairs. (c) A representative on a proposal from the Ministry of the Interior. (d) A representative on a proposal from the Ministry of the Environment. (e) A representative on a proposal from the Ministry of Education and Science. (f) a representative on a proposal from each of the Autonomous Communities who have nuclear facilities in their territory or who have entered into agreements with the Nuclear Security Council. (g) A representative on a proposal from the Spanish Federation of Municipalities and Provinces and a representative on a proposal from the Association of Municipalities Affected by Nuclear Power. h) Two representatives on the proposal of the Spanish Association of the Electrical Industry. i) A representative on a proposal from ENRESA and another from ENUSA. (j) A representative on the proposal of each of the two major trade union organizations in the State. (k) A representative on the proposal of each of the two non-governmental organizations, whose object is the defense of the environment and the sustainable development of greater implementation in the State. (l) Five experts, national or foreign, who will have to be independent and of recognized prestige in the scientific, technical, economic or social fields, or in the field of information and communication.

The representatives of the Ministries will have at least the rank of Subdirector General or equivalent.

3. The Advisory Committee may obtain from the Nuclear Safety Board such information as it deems necessary for the exercise of its function. 4. The arrangements and rules governing the functioning of the Advisory Committee shall be governed by the Statute of the Council for Nuclear Safety. 5. The Government is authorized to modify the composition of this Advisory Committee by means of a royal decree. "

12. An additional new provision is added to Law 15/1980 of 22 April of the creation of the Nuclear Safety Council, which amends Chapter XIV of Law 25/1964 of 29 April on Nuclear Energy, being worded as follows:

" Modification of Chapter XIV of the Nuclear Energy Act.

Chapter XIV of Law 25/1964 of 29 April on Nuclear Energy is worded as follows:

Chapter XIV

Of violations and sanctions in the nuclear field

Article 85. Responsible.

Without prejudice to any civil, criminal or other liability and material liability arising from the commission of punishable acts, the owner of the installation or the person responsible for the activity consider responsible for their duties of monitoring and control of the activity.

Article 86. Infringements.

These are administrative violations of the actions or omissions that assume non-compliance or non-compliance with the provisions of this Law, in Law 15/1980 of 22 April, of the creation of the Nuclear Security Council and in its development provisions, as well as in treaties and conventions signed and ratified by Spain.

Because of their severity, the violations are classified in very serious, severe and mild.

(a) These are very serious infringements: 1. The exercise of any activity regulated by this Law or its implementing rules without having obtained the mandatory rating, or when it is expired, suspended or revoked whenever it is this is a serious danger to the safety or health of persons or serious harm to the environment or to things.

2. Failure to comply with the requirement of the Nuclear Safety Board, its agents or other competent authorities, to cease the activity in progress or to bring the operation of the nuclear or radioactive installation concerned to a halt. 3. Non-compliance with the terms, limits or conditions incorporated in the authorisations, as well as the non-application of technical, administrative or other measures imposed on an activity or the operation of an installation or the failure to comply with the time limits laid down for implementation, where serious danger arises for the safety or health of persons or serious damage to the environment. 4. Non-compliance with the content of the instructions issued in the development of the said authorisations or licences, where a serious danger is derived for the safety or health of the persons or serious damage to the environment. 5. The non-adoption of technical, administrative or other measures for the correction of deficiencies in the activity known to the holder, when serious danger is derived for the safety or health of the persons or serious damage to the environment. 6. The operation of nuclear or radioactive installations or the handling of radioactive materials without the staff provided with a licence, diploma or accreditation required for the direction or execution of the operations, when derived a serious danger to the safety or health of people or serious damage to things or the environment. 7. Non-compliance with the obligations of the licensed personnel, as well as the terms and conditions incorporated therein, when serious danger is derived for the safety or health of the persons or serious damage to things or to the environment. environment. 8. The operation of installations or the carrying out of activities which may involve exposure to radiation, of artificial or natural origin, without taking the necessary measures for their development in accordance with the principles, limits and procedures established in the field of health protection against ionizing radiation, both in normal situations and in the case of accidental exposures or emergencies, where a serious danger is derived for the safety or health of persons or damage serious to things or to the environment. 9. The handling, transfer or disposal of radioactive materials or equipment producing ionising radiation, which have been sealed or operated for reasons of nuclear safety or radiation protection. 10. The abandonment or release of radioactive materials, whatever their physical state or chemical formulation, to the atmosphere, water, soil or subsoil, when due to the magnitude and characteristics thereof, a serious danger is derived for the safety or health of people or serious damage to things or the environment. 11. The deliberate addition of radioactive material in the production of food, toys, personal ornaments and cosmetics, when serious danger is derived for the safety or health of people or serious damage to things or the environment. 12. The supply or transfer of radioactive materials to persons or entities who do not have the required authorization for their possession and use or without such substances or materials complying with the requirements laid down on identification and marking, where serious danger is derived for the safety or health of persons or serious damage to things or the environment. 13. Do not have the required systems for storage, treatment and, where appropriate, evacuation of effluents or radioactive waste, provided that such conduct leads to a serious danger to the safety or health of the persons or serious harm to things or the environment. 14. Failure to dismantle and decommissioning nuclear or radioactive installations after the operation of the nuclear or radioactive installations or not to provide a safe destination for the disused radioactive materials, when a nuclear or radioactive material has been serious danger to the safety or health of people or serious damage to things or the environment. 15. The exercise of any activity governed by this Law, or in Law 15/1980, of 22 April, of the creation of the Nuclear Security Council, and its provisions of development, without being covered by civil liability for damages that the The same may cause, in the terms laid down in the specific rules of application. If the infringement relates to a transport of radioactive material, this paragraph shall apply only if it concerns a transport of nuclear fuel, irradiated or not, or radioactive waste which has a concentration such as radionuclides to be taken into account for the generation of thermal energy during storage and disposal. 16. The impairment of access to the optional staff designated by the legally-qualified national and international authorities and the personnel accompanying them, accredited by them, to nuclear or radioactive installations or to other premises or places, whatever the activity carried out in these places, where necessary for the development of the inspector's activity. 17. The obstruction of the inspection, assessment or control of the medical staff designated by the legally qualified authorities and the personnel accompanying them accredited by them by means of the impediment of the taking of samples or measures, or the concealment or refusal of documents or information, or the provision of false or deliberately incomplete documentation or information, whether or not requested by those, where by their nature and content it is necessary for the establishment of the conclusions of the inspection, assessment or control, where a serious danger is derived for the safety or health of people or serious damage to things or the environment. 18. Failure to comply with the obligations laid down in the field of information and notification in time and in the form of legally empowered authorities or their agents, where serious danger is derived for the safety or health of persons or damage serious to things or to the environment. 19. The deliberate failure to comply with the duty to provide information, the intentional contribution of false or incomplete documentation, the loss of control of the special fissile material when such material may have direct use as part of the an explosive nuclear device and does not recover, the obstruction of inspection, assessment or control by the optional staff designated by the legally qualified national or international authorities and the development of activities subject to the nuclear non-proliferation regime when they are developed voluntarily for the purpose of contributing to the manufacture of an explosive nuclear device, even if nuclear material is not handled, when any of these breaches result in the failure to comply with the obligations in respect of non-nuclear material. nuclear proliferation arising from international agreements concluded by Spain. 20. Failure or failure to comply with measures required to prevent the presence of non-controlled material in vital or protected areas of a nuclear or radioactive installation where, by its nature and location, serious danger is derived for the safety or health of people or serious damage to things or the environment. 21. Failure or non-compliance with measures aimed at preventing the presence of unauthorised personnel in vital or protected areas of a nuclear or radioactive installation where serious danger is derived for the safety or health of persons or serious damage to things or the environment.

(b) These are serious infringements: 1. The carrying out of actions or omissions classified under the heading (a) of this Article, with the exception of those listed in numbers 2, 9, 15, 16, 19 and 21, provided that there is no serious danger to the safety or health of persons or serious damage to the environment and the environment, and that the conduct is not typified as a minor offence.

2. Do not take the necessary measures for the safe disposal of radioactive materials found in out-of-control situations, either because they have never been or because they have been abandoned, lost, lost, stolen or transferred in conditions irregular, except in cases where there is a danger of minor importance for people, or damage to things or the environment. 3. Failure to comply with obligations relating to generation, file and custody of the records required for the development of the activity or for the control of radioactive materials, where such failure would result in loss of information affected. 4. Not to provide workers with the training or information required to carry out their activities in accordance with the rules and procedures laid down for nuclear safety, protection against ionising radiation, physical protection or action in the event of an emergency, with the exception of cases where there is a risk of minor importance for the safety or health of persons, or damage to things or the environment. 5. Actions or omissions which prevent or impede the staff of the organisation or the staff of external undertakings providing services to the installation, inside or outside the facility, the exercise of the right of communication of deficiencies or (a) disfunctions which may affect nuclear safety or radiation protection or their participation in the clarification of the facts, or which involve discriminatory measures for those who have exercised such a right. 6. The transport of radioactive materials, without being covered by civil liability for the damage that the activity may cause, in the terms laid down in the specific rules of application. If the transport concerns nuclear fuel, irradiated or not, or radioactive waste which has a concentration such as radionuclides, which must be taken into account for the generation of thermal energy during storage and disposal, it shall apply the type of very serious infringement provided for in Article 86.a (15). 7. The deliberate failure to comply with the duty to provide information, the intentional contribution of false or incomplete documentation, the loss of control of the special fissile material when it is recovered and the obstruction of inspection, assessment or control by optional staff designated by the national or international authorities legally empowered when any of these breaches makes it difficult to comply with obligations in respect of nuclear non-proliferation derived from the international agreements concluded by Spain. 8. Failure or non-compliance with measures aimed at preventing the presence of unauthorised personnel in vital or protected areas of a nuclear or radioactive installation.

c) These are minor offences: 1. The carrying out of actions or omissions listed under the heading (a) of this Article, with the exception of those listed in numbers 2, 9, 15, 16, 19 and 21 provided that no danger is derived for the (i) the safety or health of people, or damage to things or the environment, or are considered to be of minor importance.

2. Do not take the necessary measures for the safe disposal of radioactive materials found in out-of-control situations, either because they have never been or because they have been abandoned, lost, lost, stolen or transferred in conditions in cases where there is no danger to the safety or health of persons, or damage to things or the environment, or this is of minor importance. 3. Failure to comply with obligations relating to generation, file and custody of the records required for the development of the activity or for the control of radioactive materials, when the information concerned is recovered. 4. Not to provide workers with the training or information required to carry out their activities in accordance with the rules and procedures laid down for nuclear safety, protection against ionising radiation, physical protection or action in the event of an emergency, where there is no danger to the safety or health of persons, or damage to things or the environment, or this is of minor importance. 5. The purely formal non-compliance with obligations in respect of nuclear non-proliferation, provided that this does not make it difficult to comply with the obligations of nuclear non-proliferation arising from international agreements concluded by Spain, as well as the loss of control of basic material.

Article 87. Qualification.

1. For the purposes of this Chapter, it is understood that there has been a serious danger to the safety or health of persons when the safe operation of the activity is degraded in such a way that the remaining devices, mechanisms or safety barriers, or the administrative measures available, do not ensure that exposure to ionising radiation can be avoided at doses corresponding to the occurrence of deterministic effects.

2. For the purposes of this Chapter, it shall be understood that there has been serious damage to things or to the environment where, as a result of exposure to ionising radiation, the present or future uses of things or the environment are affected. 3. For the purposes of this Chapter, it shall be understood that there has been no danger to the safety or health of persons, or that this is of minor importance, when the safety of the activity or installation is not significantly affected, and (a) produce situations from which exposure to ionising radiation may result, or if such situations occur, the doses are below the prescribed limits. 4. For the purposes of this Chapter, it is understood that there has been damage of little importance, when the present or future uses of things and the environment are not affected.

Article 88. Graduation of sanctions.

1. The penalties shall be graduated, taking into account the principles of proportionality and the circumstances specified in paragraph 2 of this Article, by three degrees: maximum, medium and minimum.

2. The following circumstances shall be taken into account for the graduation of the corresponding penalties:

a) The extent of the damage caused to people, things or the environment.

b) The duration of the danger situation arising from the infringement. c) The impact of the offending conduct on the security of the activity. (d) the existence or not of a history of overexposure to ionising radiation of workers and the public within two years. e) The history of safety management in the activity within two years. (f) Failure to comply with prior warnings, requirements or warnings from the competent authorities. (g) the lack of consideration of the communications of the employees, their legal representatives or third parties, relating to nuclear safety or radiation protection. (h) The benefit obtained as a result of the commission of the infringement. (i) the existence of intentional or negligent commission of the infringement, where these circumstances are not considered in the classification of the infringement and the reiteration. (j) Diligence in the detection and identification of the facts constituting the infringement and in its communication to the competent authorities. (k) The person responsible for the immediate remedy of the causes and effects of the infringement by his own initiative. (l) collaboration with the competent authority on the clarification of the facts. (m) The recidivism, by commission within two years, of more than one infringement of the same nature where it has been declared by firm resolution. (n) the quantity of nuclear material out of control and its recovery or not, where the latter is not covered by the classification of the infringement.

Article 89. Sanctions.

1. In the case of nuclear power plants, the offences defined in this Law shall be punished: The very serious, with a fine of at least 9,000,001 up to 15,000,000 euros, in the middle grade from 15,000,001 to 20,000,000 euros, and in his/her maximum degree from 20,000,001 to EUR 30,000,000.

The graves, with a fine in their minimum degree from 300,001 euros to 1,500,000 euros, in their average grade from 1,500,001 euros to 4,500,000 euros and to their maximum degree from 4,500,001 to 9,000,000 euros. The mild ones, with fine, in their minimum degree of 15,000 euros, in their average degree from 15,001 euros to 150,000 euros and in their maximum degree from 150,001 euros to 300,000 euros.

2. In the case of nuclear installations other than nuclear power plants, the offences defined in this Law shall be punished: The very serious, with a fine of at least EUR 3,000,001 up to EUR 5,000,000, in their average degree from 5,000,001 up to 7,000,000 euros, and to its maximum degree from 7,000,001 up to 10,000,000 euros.

The graves, with a fine in their minimum degree from 100,001 euros to 500,000 euros, in their average grade from 500,001 euros to 1,500,000 euros, and to their maximum degree from 1,500,001 to 3,000,000 euros. The mild ones, with a fine in their minimum degree of 12,000 euros, in their average grade from 12,001 euros to 50,000 euros, and to their maximum degree from 50,001 up to 100,000 euros.

3. In the case of second and third category radioactive installations, Technical Units for Radiological Protection, Radiological Protection Services, Dosimetry Centres, Sales and Technical Assistance of Medical X-ray Equipment, transport of radioactive material, or other activities and entities governed by this law and in its implementing rules, the offences defined in this Law shall be punished: The very serious: From 150,001 to EUR 200,000 to a minimum degree, from 200,001 up to 400,000 euros in average and from 400,001 to 600,000 euros to maximum degree.

The graves: From 6,001 up to 15,000 euros to a minimum degree, from 15,001 to 30,000 euros in the middle grade and from 30,001 to 150,000 euros to a maximum degree. The mild ones: 1,200 euros to a minimum degree, from 1,201 to 3,000 euros in average grade and from 3,001 to 6,000 euros to maximum degree.

4. In the case of first-category radioactive installations or the transport of radioactive sources corresponding to the main activity of such installations, the fines shall be reduced, for all grades, to one third of those laid down in paragraph 2 of this Article.

5. In the case of transport of nuclear fuels, irradiated or not, or of radioactive waste which has a concentration of radionuclides, which must be taken into account for the generation of thermal energy during storage and disposal, Fines shall be reduced, for all grades, to two thirds of those laid down in paragraph 2 of this Article. 6. Very serious infringements may, in conjunction with the fines provided for, give rise to the revocation, withdrawal or temporary suspension of the authorisations, licences or registrations. The effectiveness of these measures may be ensured by the intervention or sealing of nuclear substances, radioactive materials or equipment producing ionising radiation or the introduction of any measure of a nature. Provisional Regulation as applicable. They may also give rise to temporary or permanent disablement of access to the status of holder of any type of authorization or license governed by this Law, in Law 15/1980, of 22 April, of the creation of the Security Council Nuclear and its development provisions.

Article 90. Other measures.

The opening of a file for infringement of the provisions of this Law or of the Regulations implementing it shall determine, if appropriate, after agreement of the Ministry of Industry, Tourism and Trade, the intervention (a) the immediate effect of the nuclear fuel or radioactive materials and the consequent prohibition on the purchase of new quantities of fuels or materials as long as the reasons for such intervention have not disappeared.

Article 91. Procedure and powers.

1. The procedure for imposing the penalties shall be in accordance with the principles of Articles 127 to 138 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, and Royal Decree 1398/1993, of 4 August, approving the procedure for the exercise of the power of sanction, with the exception of the maximum period for the processing and notification of the decision of the same, which will be one year.

2. The Nuclear Safety Board shall propose, where appropriate, the initiation of the relevant sanctioning dossier with respect to those facts which may constitute an infringement in the field of nuclear safety, radiation protection or protection. (a) physical, bringing to the attention of the body to which the file is to be opened both the facts of the infringement and the relevant circumstances that are necessary for its proper qualification. In addition, the Nuclear Safety Board shall issue a report within three months, in order to be appropriate, for a report on nuclear safety, radiation protection or physical protection. qualification of the facts which are the subject of the procedure. This report shall be issued where such initiation is not on a proposal from the Nuclear Safety Board or, in the case where, having been, other data in addition to the statements made by the Nuclear Safety Board. Such a report by the Nuclear Security Council will result in the suspension of the deadline for the resolution of the sanctioning procedure, until its issuance, and in any case, up to a maximum period of three months since it was required. 3. In the case of the alleged commission of offences which could be classified as minor, the Nuclear Safety Council in an alternative manner to the proposal for the opening of a sanctioning file may be able to warn the holder of the activity and require the corrective measures which correspond, where the circumstances of the case so advise, and provided that direct damage and damage to persons or the environment are not caused. If this requirement is not met, the Nuclear Security Council may impose periodic penalty payments for an amount that will be, for the first time, ten percent, and the second and successive of twenty percent of the average value of the penalty. it was appropriate to impose, in its middle grade, in order to obtain the cessation of active or non-active conduct which is contrary to the provisions of this Law, of Law 15/1980 of 22 April of the creation of the Nuclear Security Council, and its development provisions. 4. Regardless of the sanction that may be appropriate to the holder, the Nuclear Safety Board may, in writing, admonish the natural person who, through gross negligence, is responsible for the execution of a bad practice by the fact that the material commission of facts liable to be sanctioned has originated. 5. In the field of State Administration, the competence for the initiation and instruction of the sanctioning files provided for in this Chapter shall correspond to the organs and units of the Directorate-General for Energy Policy and Mines. 6. In the field of State Administration, the penalties for very serious infringements committed by the holders of first class nuclear or radioactive installations shall be imposed by the Council of Ministers, the serious ones by the Minister of Industry, Tourism and Trade, and the mild ones by the Director General of Energy Policy and Mines. In the case of penalties for very serious infringements committed by the holders of second and third category radioactive installations and other activities covered by this Law or its implementing rules, they shall be imposed by the Minister of Industry, Tourism and Commerce, and the Director General of Energy Policy and Mines in the cases of serious and minor infractions. 7. Within the scope of the Autonomous Communities, it will be in accordance with its own rules. 8. The Government, by means of Royal Decree, may update the amount of the fines established in this Law, according to the variations that the index of consumer prices will experience. 9. In the case of transport of radioactive materials, the present sanctioning table shall apply in those aspects specifically covered by this Law or its implementing rules, without prejudice to the infringements and penalties established in the the basic legislation on transport management.

Article 92. Precautionary measures.

The body responsible for imposing the sanction may agree, on a proposal from the Nuclear Security Council, among others, on the following provisional measures: (a) Measures of correction, security or control that prevent continuity in the the infringement or in the production of the risk or damage.

b) Precinct equipment or equipment. c) Seizure of materials or equipment. (d) temporary, partial or total suspension of the operation of the facilities or the execution of the activities.

The measures referred to in the previous paragraph may be agreed before or during the initiation of the administrative penalty procedure under the conditions laid down in Articles 72 and 136 of Law 30/1992, on Legal Regime of Public Administrations and Common Administrative Procedure.

Article 93. Prescription.

1. The offences and penalties provided for in this Chapter shall prescribe: (a) Very serious infringements, at five years of age, of serious infringements at three years of age and of minor offences per year.

(b) The penalties imposed for very serious misconduct at the age of five, those imposed for serious misconduct at the age of three and those imposed for minor faults a year.

2. The limitation period for infringements shall begin to be counted from the day on which the infringement was committed. In the case of infringements resulting from continued activity, the initial date of the calculation shall be the date of completion of the activity, the date of the last act in which the offence is consumed or at the time when the offence is detected by the competent authority. existence of the infringement.

Interrupt the prescription of the initiation of the sanctioning procedure, with the knowledge of the interested party, resuming the limitation period if the sanctioning file has been paralyzed for more than one month by reason not responsible for the alleged liability. 3. The time of limitation of the penalties shall begin to be counted from the date on which the penalty decision is signed, the prescription being interrupted by the initiation, with the knowledge of the person concerned, of the corresponding procedure. "

Additional disposition first. Amendment of the Additional Provisions Sixth and Sixth bis of Law 54/1997 of 27 November of the Electrical Sector.

1. Paragraphs 3 and 4 of the Sixth Additional Provision of Law 54/1997 of 27 November 1997 on the Electricity Sector relating to the Fund for the financing of the activities of the General Plan for Radioactive Waste, which are drawn up the following way:

" 3. The cost of diversification and security of supply shall be taken into account in the quantities to be provided for the part of the provision for the financing of the costs relating to the management of radioactive waste and fuel spent on nuclear power stations, and on decommissioning and decommissioning, which are attributable to the operation of the nuclear power plants carried out before 1 April 2005.

In addition, they will have such a consideration of the amounts intended to provide the part of the provision for the financing of the costs of the management of radioactive waste from those research activities that the Ministry of Industry, Tourism and Trade determines that they have been directly related to the generation of nuclear power, the decommissioning and decommissioning operations to be carried out as a result of mining and production of uranium concentrates prior to 4 July 1984, and of those other costs which are specified by royal decree. 4. The amounts intended to provide the part of the provision for the financing of the costs relating to the management of radioactive waste and spent fuel generated in nuclear power stations, and decommissioning and decommissioning, which are attributable to the holding of those carried out after 31 March 2005, shall not be considered as a cost of diversification and security of supply and shall be financed by the holders of the nuclear power plants. during their operation. For these purposes, the costs associated with the management of the radioactive waste to be placed in the warehouse of the plant from that date, as well as the part of the waste, shall be deemed to be attributable to the holding after 31 March 2005. (a) proportional to the costs of decommissioning and decommissioning corresponding to the period of operation which is at the centre of the operation at that date. As regards the spent fuel, the costs associated with the management of spent fuel resulting from the new fuel that is introduced into the reactor at the end of the year 2005 shall be considered as attributable to the operation after 31 March 2005. reloading stops that are concluded after that date. The management of radioactive waste and spent fuel and decommissioning and decommissioning shall be charged with all costs relating to the technical activities and support services necessary to carry out such actions, in which the include the costs of structure and R & D projects and activities, in accordance with the provisions of the General Plan for Radioactive Waste. The management of ENRESA's allocations to municipalities affected by nuclear power stations or storage facilities for spent fuel or radioactive waste shall also be charged to that management in accordance with the terms laid down by the Commission. Ministry of Industry, Tourism and Trade, as well as the amounts corresponding to the taxes payable in relation to the activities of storage of radioactive waste and spent fuel. These allocations and taxes shall be financed by the holders of the nuclear power plants, irrespective of the date of generation of the radioactive waste and the fuel spent on them. "

2. The following paragraphs and points of the Additional Provision Sixth bis of Law 54/1997 of 27 November of the Electricity Sector establishing the business public entity ENRESA for the management of radioactive waste are hereby amended.

1. Paragraph 17.1 (f) is amended as regards the rules for the management of the fee for the provision of radioactive waste management services referred to in paragraph 3 of the sixth additional provision, which is drawn up by the Commission. next way:

" f) Management rules. The management of the fee corresponds to the business public entity ENRESA. The model of self-validation and the means of making cash the income of the amounts payable will be approved by ministerial order.

The rate corresponding to the collection of the last month before the end of the year shall be entered by self-settlement to be effected by the taxpayer's substitute taxable person before the 10th day of each month or, if applicable, on the working day immediately thereafter. The collection of the fee shall be made effective through the deposit entities that provide the service of collaboration in the management of the collection, pursuant to the provisions of Article 9 of the General Rules of Collection, approved by Real Decree 939/2005 of 29 July. Agreements with entities, institutions and representative organisations of the taxable persons may be concluded in order to simplify the fulfilment of the formal and material obligations arising therefrom. This rate will be integrated into all the effects on the structure of electricity tariffs and tolls set out in Law 54/1997 of 27 November of the Electrical Sector and its development provisions. "

2. Paragraph 17.2 (f) is amended as regards the rules for the management of the fee for the provision of radioactive waste management services referred to in paragraph 4 of the sixth additional provision, which is drawn up by the Commission. next way:

" f) Management rules. The management of the fee corresponds to the business public entity ENRESA.

The model of self-settlement and the means to make cash the income of the amounts payable will be approved by ministerial order. The fee shall be entered by self-settlement to be effected by the taxable person within the three calendar months following his accrual. In the case of an early termination of the holding of a nuclear power plant by the holder, in respect of the forecasts laid down in the General Plan for Radioactive Waste, the financing gap which, if any, existed at the time the eesc must be paid by the holder to the business public entity ENRESA for the following three years from the date of such cessation, making equal annual payments in the amount determined by the Ministry of Industry, Tourism and Trade on the basis of the economic study carried out by that entity. The collection of the fee shall be made effective through the deposit entities that provide the service of collaboration in the management of the collection, pursuant to the provisions of Article 9 of the General Rules of Collection, approved by Real Decree 939/2005 of 29 July. Agreements may be made with institutions, institutions and organisations representing the taxable persons in order to simplify the fulfilment of the formal and material obligations arising therefrom. "

3. Paragraph 17.3 (f) is amended as regards the rules for the management of the fee for the provision of services for the management of radioactive waste arising from the manufacture of combustible elements, including the dismantling of manufacturing facilities for the same, which is worded as follows:

" f) Management rules. The management of the fee corresponds to the business public entity ENRESA.

The model of self-settlement and the means to make cash the income of the amounts payable will be approved by ministerial order. The fee shall be entered by self-settlement to be effected by the taxable person within the three calendar months following his accrual. In the case of an early cessation of the operation of a fuel-element manufacturing facility at the will of the holder, with respect to the forecasts laid down in the General Plan for Radioactive Waste, the financing deficit which, If applicable, it must be paid by the holder to the business public entity ENRESA for the following three years from the date of the cessation, making equal annual payments in the amount determined by the Ministry of Industry, Tourism and Trade on the basis of the economic study carried out by the said entity. The collection of the fee shall be made effective through the deposit entities that provide the service of collaboration in the management of the collection, pursuant to the provisions of Article 9 of the General Rules of Collection, approved by Real Decree 939/2005 of 29 July. '

Additional provision second. Amendment of Articles 1, 2, 36, 37, 38, 43, addition of a new Article 44a and renumeration of Articles 96 and 97 as 94 and 95 respectively of Law 25/1964 of Nuclear Energy.

1. New wording is given to Article 1, which is worded as follows:

" Article 1.

This law aims to: (a) Establish the legal regime for the development and implementation of peaceful applications of nuclear energy and ionising radiation in Spain, so as to protect adequately to people, things and the environment.

b) Regular implementation of the international commitments entered into by the State in the field of nuclear energy and ionising radiation. "

2. The wording of Article 2 (12a) is amended as follows:

" Doce bis. Other experimental devices and installations. Experimental devices and installations are defined as those using fusion or fission nuclear reactions to produce energy or for the production or development of new energy sources.

These devices and installations shall be subject to the same authorisation regime as shall be regulated for nuclear installations. "

3. New wording is given to Article 36, which is as follows:

" Article 36.

The holder of nuclear or radioactive installations or activities related to ionising radiation shall be responsible for their safety.

Nuclear and radioactive installations and radioactive mineral holdings must carry out their activities in such a way as to maintain the necessary safety conditions, taking the necessary measures to prevent nuclear and radiological accidents as well as forecasts to mitigate their consequences in the event that they occur; and they must comply with all the provisions laid down in the relevant regulations in relation to nuclear safety and safety. ionising radiation. These provisions shall relate both to working conditions and to the danger that ionizing radiation poses to persons professionally engaged in activities of a nuclear nature, as well as to third persons, the environment, which may be affected by such radiation and activities. The competent authorities and the operators shall also take the necessary preventive and protective measures to maintain the appropriate physical security conditions at these facilities. "

4. New wording is given to Article 37, which is as follows:

" Article 37.

The organisations responsible for the management of nuclear and radioactive installations must have adequate human, technical and economic resources to maintain the safety conditions and will have the basic principles of security management.

The personnel of the nuclear and radioactive installations must meet the conditions of suitability to be laid down in the relevant regulation, and must be subject to the verification of the performance of the medical or other evidence to be determined on a regulated basis. In nuclear installations there shall be a Head of Operation who meets the conditions which are regulated and which shall be responsible for the supervision of all employment operations and the operation of the facilities, technically being responsible for its operation. The Head of Operation shall have the power to suspend the operation of the facility where it considers it appropriate or necessary. '

5. A new paragraph is added to Article 38, which is worded as follows:

" Article 38.

They should also take appropriate action at all stages of the management of spent nuclear fuel and radioactive waste, in order to ensure that people, things and the environment are adequately protected both in the present as in the future, against the radiological risks and in such a way that the production of waste, in quantity and activity, is the least possible, according to the scientific practice existing in each moment. "

6. The second paragraph of Article 43 is deleted.

7. A new Article 44a is added, with the following wording:

" Article 44a.

Non-regulated industrial activities such as nuclear or radioactive installations that generate, or may generate, waste materials with radioactive content in the form of by-products, shall be submitted, when the Ministry "Industry, Tourism and Commerce, as determined by the Nuclear Safety Council, will determine the regulation contained in this Law and its implementing regulations regarding the generation and management of these by-products."

8. Articles 96 and 97 are renumbered as 94 and 95 respectively.

Additional provision third. Amendment of the Additional Provision of Law 15/1980 of 22 April of the establishment of the Nuclear Safety Council.

The additional provision of Law 15/1980, of 22 April, of the creation of the Nuclear Safety Council is amended as follows:

" First. For the purposes of this Law, the definitions contained in Article 2 of Law 25/1964 of 29 April on Nuclear Energy shall apply, in addition to the following: One. First category radioactive installations are: (a) The uranium production plants, thorium and their compounds.

b) Production factories of natural uranium fuel elements. (c) installations using radioactive sources for industrial irradiation purposes. (d) Complex installations in which very high inventories of radioactive substances are handled or very high energy flow radication are produced, so that the potential radiological impact of the installation is significant.

Two. Second category radioactive installations are: (a) installations where radioactive nuclides are handled or stored which can be used for scientific, medical, agricultural, commercial or industrial purposes, the total activity of which is equal to or more than a thousand times the exemption to be regulated.

(b) installations using X-ray generating devices that can operate at a peak voltage of more than two hundred kilovolts. (c) particle accelerators and installations where neutron sources are stored. Provided that its classification as a first category does not apply.

Three. Third category radioactive installations are: (a) installations where radioactive nuclides are handled or stored, the total activity of which is higher than that of exemption which is regulated in a regulation and less than a thousand times.

(b) installations using X-ray generating apparatus with a peak voltage of less than two hundred kilovolts. '

Single repeal provision.

Any provisions of equal or lower rank shall be repealed as opposed to the provisions of this Law.

Final disposition first.

The Government, within a maximum of nine months from the date of entry into force of this Law, will approve the amendment of the Statute of the Nuclear Security Council.

Final disposition second.

This law will enter into force on the day following its publication in the Official Gazette of the State.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law. Madrid, 7 November 2007.

JOHN CARLOS R.

The President of the Government, JOSÉ LUIS RODRÍGUEZ ZAPATERO