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Royal Decree 469/2000, Of 7 April, Amending The Basic Organizational Structure Of The Consejo De Seguridad Nuclear.

Original Language Title: Real Decreto 469/2000, de 7 de abril, por el que se modifica la estructura orgánica básica del Consejo de Seguridad Nuclear.

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TEXT

The Council for Nuclear Safety (CSN), an entity governed by public law, established by Law 15/1980, of 22 April, has counted for the fulfilment of its functions with the personal means integrated into the organic structure provided for in its Statute, adopted by Royal Decree 1157/1982 of 30 April, and amended by Royal Decrees 643/1989 of 2 June 1989 and 2209/1995 of 28 December.

There have recently been two legislative changes that have significantly altered the competence and functional scope of the Nuclear Security Council: Law 54/1997 of 27 November, of the Electrical Sector, and the Law 14/1999, of 4 May, of charges and public prices for services provided by the Nuclear Security Council.

Law 54/1997, of 27 November, has economically deregulated the activity of electrical generation and established a free competition regime in which the specific costs of the generation of nuclear origin are not recognized. in which, therefore, the Nuclear Safety Council, in compliance with its mission, must ensure that the economic requirements do not diminish nuclear safety, without imposing unnecessary burdens on the operators of the plants, for which it is essential to strengthen the inspection and control activity and the analysis of the operational experience of nuclear power plants, as well as improving regulatory efficiency and concentrating inspection and assessment on those aspects with a higher impact on safety, using new techniques and working methods.

Law 14/1999 attributes to the CSN new competences in the field of radiological protection of the public and the environment throughout the Spanish territory, qualification and management of radioactive waste, coordination of emergencies nuclear and radiological, intervention in exceptional situations which could affect nuclear safety in activities not covered by nuclear legislation and approval of technical standards, as well as the possibility of imposing Coercive enforcement of their acts will be coercive. The additional provision of Law 14/1999 has given new full wording to Article 2 of Law 15/1980, of 22 April, of the creation of the Nuclear Safety Council, granting these new functions to the body and also assuming the amendment introduced by Law 54/1997.

This strengthening of certain areas of action of the Nuclear Security Council and the need to address new powers, especially in the field of radiological surveillance of the environment and coordination and response to situations of radiological emergency, whether or not nuclear or radioactive installations, have the need to introduce certain changes in the organic structure of the entity, in order to achieve greater adequacy of the existing means to the new needs that need to be the object of an attention It specifies, by separating, in the organisational aspect, the safety of nuclear installations, as regards radiation protection, in accordance with the consolidated model in the advanced European countries.

The Nuclear Safety Council, pursuant to Article 1.1 of Law 15/1980 of 22 April, and in order to update the organisational structure, has drawn up and sent to the Ministry of Industry and Energy a new draft of the Article 41 of its Statute.

In its virtue, at the initiative of the Minister of Industry and Energy, on the proposal of the Minister of Public Administration, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on April 7 of 2000,

D I S P O N G O:

Single item. Modification of the basic organic structure of the Nuclear Safety Council.

Article 41 of the Statute of the Nuclear Safety Council, approved by Royal Decree 1157/1982 of 30 April, and amended by Royal Decree 2209/1995 of 28 December 1995, is hereby worded as follows:

" Article 41.

1. The Technical Directorate for Nuclear Safety and the Technical Directorate for Radiological Protection depend on the General Secretariat of the Council.

2. The heads of both Technical Directorates shall be appointed by the Government, on a proposal from the Minister for Industry and Energy and after a favourable report from the Nuclear Safety Board. Its remuneration will be fixed after a joint report by the Ministry of Public Administration and the Ministry of Economy and Finance.

3. The following functions are the responsibility of the Technical Directorate for Nuclear Safety:

(a) Develop the motions for resolutions in the matters referred to in Article 2 of Law 15/1980 of 22 April of the creation of the Nuclear Security Council, according to the new wording given by the first provision of Law 14/1999 of 4 May concerning the safety of nuclear installations, except for the storage of radioactive waste of medium and low activity, and for the transport of nuclear or radioactive materials.

b) Carry out the assessment, inspection and control of the facilities and activities referred to in the preceding paragraph.

c) Propose the technical standards and research projects necessary for the best performance of their functions.

d) To support the Technical Directorate of Radiological Protection in the topics of its specialty.

4. The following functions are the responsibility of the Technical Directorate for Radiological Protection:

(a) Develop the motions for resolutions on matters referred to in Article 2 of Law 15/1980 of 22 April of the establishment of the Nuclear Safety Council on the radiation protection of persons, and monitoring of the radiological quality of the environment, radioactive installations, service entities, the management of radioactive waste on average and low activity, emergencies and physical protection plans.

b) Carry out the assessment, inspection and control of the facilities and activities referred to in the preceding paragraph.

c) Propose the technical standards and research projects necessary for the best performance of their functions.

d) To support the Technical Directorate of Nuclear Safety in the topics of its specialty.

5. The following units, with an organic level of General Subdirection, depend on the Nuclear Safety Technical Directorate:

A) The General Subdirection of Nuclear Installations, to which the following functions correspond:

(a) Carry out assessments and inspections and make proposals concerning nuclear power plants, factories for the production or treatment of nuclear substances and the transport of nuclear or material substances radioactive.

(b) Carry out the monitoring and monitoring of the facilities and activities referred to in the previous paragraph and propose the appropriate coercive measures.

(c) Propose the granting and renewal of the licenses for the operating personnel of the nuclear facilities referred to in paragraph (a), and evaluate and inspect the training programs of the operating personnel and of the unlicensed staff.

B) The General Engineering Subdirection, which corresponds to the following functions:

a) Evaluate and inspect the design, construction, operation and maintenance of nuclear, auxiliary, electrical and instrumentation and control systems.

b) Evaluate and inspect the methods, programs and means of training of the operating personnel.

c) Analyze operation procedures in normal and emergency circumstances and methods of management of severe accidents.

d) Evaluate and inspect the management programs for aging nuclear facilities.

C) The General Subdirection of Nuclear Technology, to which the following functions correspond:

a) Evaluate and inspect the neutronic, thermo-hydraulic and criticality aspects related to the design, construction and operation of the nuclear facilities, as well as the recharging proposals and the behaviour of the fuel.

(b) Evaluate the probabilistic analysis of the risk of the facilities and their application to the safety of the facilities and to the greater effectiveness of the regulatory activity.

c) Evaluate and inspect site sites to determine their influence on the safety of installations and to develop the application of relevant methodologies.

d) Develop, assimilate and implement new methodologies and tools for the assessment of the safety of installations.

e) Evaluate and inspect new designs, methodologies, and simulation models, at the proposal of the holders.

6. The following units, with an organic level of General Subdirection, depend on the Technical Directorate for Radiological Protection:

A) The Subdirectorate General of Environmental Radiological Protection, to which the following functions correspond:

(a) Carry out assessments and inspections, as well as make proposals for the radiological protection of the public, the dismantling of facilities and the management of low-and medium-activity waste.

b) Control and monitor the radiological quality of the environment throughout the Spanish territory and inside and outside the nuclear and radioactive installations.

c) Evaluate the environmental radiological impact of the facilities and any other activities that could generate it.

(d) Conduct the control of the appropriate entities and facilities necessary to carry out the functions referred to in paragraphs (b) and (c) and propose the appropriate coercive measures.

e) Propose the granting and renewal of licences for the operating personnel of the storage and treatment facilities for radioactive waste.

f) Propose the necessary prevention and correction measures for exceptional situations that may affect radiation protection, where they originate from facilities, equipment, companies or activities not subject to the regime of authorisations for nuclear legislation.

B) The General Subdirectorate of Operational Radiological Protection, to which the following functions correspond:

(a) Carry out assessments and inspections, as well as make proposals concerning radioactive installations, the radiation protection of workers and companies providing protection and dosimetry services Radiation.

(b) Carry out the monitoring and monitoring of the activities and facilities referred to in the previous paragraph and propose the appropriate coercive measures.

c) Propose the granting and renewal of licences for the operating personnel of radioactive installations and of companies providing radiation protection and dosimetry services.

d) Manage the dosimetric control of professionally exposed workers.

e) Carry out the activities attributed to it by the existing legislation on the operational protection of external workers at risk of exposure to ionising radiation by intervention in a controlled area.

C) The General Emergency Subdirectorate, which corresponds to the following functions:

(a) Carry out assessments and inspections, as well as make proposals for emergency management, internal emergency plans, and physical protection of facilities and activities.

b) Collaborate with the authorities for the elaboration and approval of the criteria to be adjusted for the radiological intervention plans.

c) Manage the coordination of the actions of the Nuclear Security Council in situations of radiological emergency.

d) Maintain the operability of the human, organizational and technical means necessary to deal with situations of radiological emergency.

7. The following units are also directly dependent on the General Secretariat of the Council, with an organic level of Subdirección General:

A) The General Subdirection of Planning, Information Systems and Quality, to which the following functions correspond:

(a) Propose the objectives and coordinate the development of the plans and work programmes, as well as to monitor and monitor the implementation of the objectives and programmes and to assess their effectiveness.

b) Develop and implement the Nuclear Security Council Information Systems Plan, manage the IT media and assign them to the various organic units, and provide advice, direct technical assistance, and training for users.

c) Develop and implement the internal quality and continuous improvement system of the Nuclear Security Council, monitor and monitor its implementation and assess its effectiveness.

B) The General Staff and Administration Subdirection, which correspond to the following functions:

a) Manage human resources issues of a functioning and labour nature, programme the needs of the body's staff, monitor and assign the human staff to the services and units and manage the selection and promotion programmes.

b) Coordinate the development of the training plan and its implementation and monitoring, as well as promote, develop and manage the social action programme.

c) Maintaining relationships with the participation and representation bodies of staff.

d) Manage occupational risk prevention and business medical service.

e) Develop the preliminary draft revenue and expenditure budgets, as well as follow up and monitor the implementation of the budgets.

f) To collect and manage in accordance with the current system the revenue and expenditure, to carry out the collections and payments, to manage the treasury, to carry out the accounting, financial and patrimonial management and, in general, everything relative to the financial management of the body.

g) To process the procurement files and to perform the allocation and management of the material means; the custody, conservation and maintenance of the equipment, buildings and facilities; the provision of the services; the training and permanent updating of the inventory of goods, security, internal affairs and general affairs, as well as documentary, archive and registration.

C) The Legal Counsel, to which the following functions correspond:

(a) Advise in law the governing bodies and the Subdirectorates General who request it.

b) Develop legal reports and opinions.

(c) Develop and participate in the preparation of proposals for regulations on nuclear safety and radiation protection.

d) Develop and process proposals for the resolution of actions against acts and decisions of the body.

e) Coordinate and manage relations with Courts and Courts and the defense of the Nuclear Security Council before them.

8. From the General Secretariat, the following units depend, with the membership and the level of organic and remuneration that is determined in the relation of jobs:

A) Inspection Office, which is responsible for coordinating and evaluating the inspection activities of nuclear and radioactive installations.

B) Office of Technical Standards, to which it is appropriate to plan, to promote and coordinate the elaboration of proposals of instructions, circulars, guides and other norms of a technical nature, as well as the adaptation and adoption of norms techniques from international organisations.

C) Office of Research and Development, which corresponds to the proposal, management and evaluation of the plans and programs of research and development promoted by the Nuclear Security Council, as well as the promotion of the exploitation and dissemination of their results. "

Additional disposition first. Delimitation of competences in the field of environmental radiological impact assessment.

The exercise of the functions which, in the field of environmental radiological impact assessment, correspond to the Nuclear Safety Council, shall be carried out in accordance with the provisions of paragraph e) of the additional provision of the Royal Decree 1131/1988 of 30 September 1988 approving the Regulation for the implementation of the Royal Decree of 28 June 1986 of 28 June 1986 on the assessment of environmental impact.

Additional disposition Second Organ Suppression.

The following units are deleted:

a) The Technical Direction.

(b) The General Subdirectorate of Nuclear Power.

c) The General Subdirectorate of Radiological Protection.

d) The General Subdirection of Radioactive Facilities.

e) The General Subdirection of Cycle and Waste.

f) The General Subdirection of Information and Quality Systems.

g) Legal and Normative Advice.

h) The Office of Emergencies.

Single transient arrangement. Units and jobs with an organic level lower than Subdirección General.

The units and jobs with lower organic level to General Subdirection will continue to remain until the relationship of jobs adapted to the organic structure is approved by the Nuclear Safety Council. established by this Royal Decree.

The units and posts of work in the organs deleted by this Royal Decree shall be assigned, provisionally, by resolution of the Chairman of the Nuclear Security Council, after hearing from the Council, until such time as the new relationship of jobs, to the bodies regulated in this Royal Decree, in function of the attributions that they have entrusted to them.

Single repeal provision. Regulatory repeal.

The Royal Decree 2209/1995 of 28 December, amending the basic organic structure of the Nuclear Safety Council, as well as the rules of equal or lower rank, is hereby repealed. Royal Decree.

Single end disposition. Entry into force.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid to April 7, 2000.

JOHN CARLOS R.

The Minister of Public Administration,

ANGEL ACEBES PANIAGUA