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Act 15/1980 Of 22 April, Creation Of The Consejo De Seguridad Nuclear.

Original Language Title: Ley 15/1980, de 22 de abril, de creación del Consejo de Seguridad Nuclear.

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TEXT

DON JUAN CARLOS I,

KING OF SPAIN

To all who present it and understand,

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

Article first.

One. The Nuclear Security Council is created as Ente de Derecho Público, independent of the Central 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 Industry and Commerce Committees of both Chambers before publication.

Two. The Law of the Legal Regime of Autonomous State Entities of twenty-six of December thousand nine hundred and fifty-eight will not apply to it.

Three. 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.

Article 2.

The functions of the Nuclear Security Council will 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. This regulation shall lay down the objective criteria for the selection of the location of nuclear installations and of the first category radioactive materials, on a proposal from the Autonomous Communities, the Preautonomic Entes or, in their defect, the provinces, in the form and time limit which they are determined to determine,

b) Issue reports to the Ministry of Industry and Energy prior to the resolutions adopted by the Ministry of Industry and Energy:

One. Granting of prior authorizations or placement of nuclear and radioactive installations that require it.

Two. Granting of authorizations for the construction, commissioning, operation and decommissioning of nuclear and radioactive installations, authorizations for the transport of nuclear substances or radioactive materials, as well as for the manufacture and approval of components of the nuclear and radioactive installations considered by the Council itself concern nuclear safety.

The reports will be mandatory in any case and, in addition, binding when they have a negative or negative character of a concession and also in terms of the conditions they establish, if they are positive.

c) Carry out all kinds of inspections in nuclear or radioactive installations, in transport and in component factories during the various stages of project, construction and commissioning, in order to ensure compliance with the current legislation and the conditions imposed in the corresponding authorizations, with the right to halt works in the event of anomalies affecting safety and until such time as they are corrected, and could propose the annulment of the authorization if the anomalies were not may be corrected.

d) Carry out inspection and control of nuclear and radioactive installations during operation, in order to ensure compliance with all established rules and conditions, both in general and in the individuals of each installation, with the authority to suspend their operation for safety reasons. It will also propose the imposition of legally established sanctions on nuclear energy including the cancellation of licences, permits or authorisations.

e) To collaborate with the competent authorities in the elaboration of the criteria to Ios to adjust the plans of emergency and physical protection of the nuclear and radioactive installations, and of the transports of substances nuclear and radioactive materials, and once the plans have been drawn up, to participate in their approval, prior to the implementation of the relevant facilities.

(f) Control and monitor the levels of radiation inside and outside of nuclear and radioactive installations and their possible particular or cumulative incidence in the areas in which they are located, as well as in transport; control the doses received by the operating personnel and assess the ecological impact of these facilities.

g) Grant and renew, by carrying out the tests that the Council itself establishes, the necessary licenses for the operating personnel of the nuclear and radioactive installations, supervisors, operators and heads of radiation protection service.

(h) Advise, when required, the Courts and the organs of the Public Administrations in the field of Nuclear Safety and Radiological Protection.

i) To maintain, in matters of their competence, official relations with similar foreign bodies.

j) inform public opinion on matters of its competence with the extension and periodicity that the Council determines, without prejudice to the publicity of its administrative actions in! legally established terms.

k) Know the Government and advise on the commitments to other countries or International Organizations in the field of Nuclear Safety and Radiological Protection, which will be taken into account in the exercise of the functions that are conferred on the Council by this Law.

l) Establish research plans in nuclear safety and radiation protection matters and gather information on the development of nuclear safety and radiation protection.

ll) Collect accurate information and advise in their case on conditions that may arise in persons from ionising radiation arising from the operation of nuclear or radioactive installations.

Third item.

One. The processing of the dossiers and the granting of the necessary authorizations for nuclear and radioactive installations, for the transport of nuclear or radioactive materials and for the manufacture of nuclear or nuclear components The Ministry of Industry and Energy is responsible for the radioactive waste, except for what, if any, is established in the respective Statutes of the Autonomous Communities.

Two. Prior authorization or placement, construction and permits for the provisional and final exploitation of the first class nuclear and radioactive installations, and the closure thereof, shall be granted by the Minister. of Industry and Energy, and the other, by the Director-General of Energy, except as otherwise provided for in their respective Statutes for the Autonomous Communities.

Three. In the case of authorisations for sites, the Ministry of Industry and Energy shall require, for further referral to the Nuclear Safety Board, the report of the Autonomous Communities, Preautonomic Entes or, failing that, provinces. (i) prior to the request for a Council report. The report shall give an opinion on the appropriateness of the proposal to the rules and regulations in force and, where appropriate, to the powers conferred on them, incorporating the previous reports of the municipalities concerned. relationship to their competence in the field of spatial planning and the environment.

Four. In the cases referred to in this Article, the Government may make use of the powers provided for in Article 80 of the Law on the Legal Regime of Soil and Urban Planning. The authorisations or licences to be granted to any general government may not be refused or conditional on security reasons the assessment of which is appropriate to the Council.

Article 4.

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

Two. The Council, acting on a proposal from the President, shall appoint a Vice-President from among the members, who shall replace the Vice-Chair in the case of absence, vacancy or illness.

Three. The Council shall be assisted by a General Secretariat, on which the necessary working bodies shall be responsible for the fulfilment of their objectives. The Secretary-General shall act at Council meetings with a voice, but without a vote.

Four. The arrangements for the adoption of Council agreements shall be governed by the provisions of Chapter II of Title I of the Law on Administrative Procedure.

Article 5.

One. The Chairman and Directors of the Nuclear Security Council shall be appointed among persons of known solvency within the fields of nuclear safety, technology, radiation protection and the environment, medicine, legislation or any other another connection with the previous ones, as well as in energy in general or industrial security, especially valuing their independence and objectivity of criteria.

Two. They will be appointed by the Government, on a proposal from the Minister of Industry and Energy, after communication to the Congress of Deputies. The Congress, through the competent Commission and by agreements of the three fifths of its members, shall express its acceptance or reasoned veto within one 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 for successive periods.

Three. The Secretary-General of the Nuclear Safety Council shall be appointed by the Government, on a proposal from the Minister for Industry and Energy and after a favourable report by the Council. The position of Secretary-General shall not be held by persons over the age of sixty-five years.

Article 6.

The charges of President, Councillors and Secretary-General of the Nuclear Security Council are incompatible with any other office or function, whether paid or not, perceiving exclusively, for the entire duration of his term or office, the remuneration to be paid to the attention to the importance of its function.

Item seventh.

One. The Chairman and Directors of the Nuclear Safety Board shall cease for the following reasons:

a) For seventy years.

b) To end the period for which they were designated.

c) On your 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 considered to be unfit for the exercise of their duties or to cease to attend diligently the duties of their office.

Two. Where a member of the Board of Directors has ceased to be a member of the Board of Directors for any of the reasons set out above, except as referred to in point (b) of the preceding number, a new Counsellor shall be appointed, in accordance with the procedure laid down, will be missing to complete the period of the Counselor.

Article 8.

One. The technical staff of the Nuclear Safety Board shall be a Corps of officials whose composition shall be set out in its budget template. The selection of such staff shall be governed by the Staff Regulations of the Council.

Two. The Council, acting in accordance with the rules laid down in the Staff Regulations, may recruit national or foreign staff for the purpose of carrying out specific work or for a period not exceeding one year, as well as the preparation of studies and reports and opinions determined with the entities or persons deemed appropriate.

Article ninth.

The goods and economic means with which the Council shall count for the fulfilment of its purposes shall be as follows:

(a) The proceeds from the collection of the Rate that is created by this law.

(b) The allocations to be established annually from the General Budget of the State.

c) Other than legally entitled to be attributed to you.

Article 10.

One. For the purposes of the foregoing Article, the Service Rate provided by the Nuclear Safety Board is created.

The rate will be applicable throughout the Spanish territory.

Two. The tax paid in this article shall be governed by the provisions of this law and, failing that, by the General Tax Law and other provisions.

Three. It constitutes the taxable fact of the Fee, the provision by the Nuclear Safety Board of the services and reports relating to, or, where appropriate, the granting of the authorisations or licences specified below:

(a) The conduct of studies, reports or inspections which, in accordance with current regulations, condition requests for the placement of nuclear installations or are necessary for the granting of authorisations or permits relating to the construction and commissioning of the same.

(b) The inspection and control services that need to be carried out in order to ensure the proper operation and operation as well as the safety of nuclear installations.

(c) the conduct of studies, reports or inspections which, in accordance with the current rules, condition requests for the placement of radioactive installations or which are necessary for the granting of authorisations or permits relating to the construction and commissioning of the same.

(d) The inspection and control services that need to be carried out in order to ensure the proper operation and operation as well as the safety of radioactive installations.

e) Studies and reports required under the law to obtain the closure of nuclear or radioactive installations.

f) The licensing and renewal of operating personnel licenses for nuclear and radioactive installations.

g) the reports or studies which, under the law, condition the authorisations for the transport of nuclear substances or radioactive materials.

(h) The inspection and control services for the transport of nuclear substances or radioactive materials.

i) Studies or reports that are legally enforceable for the granting of authorizations for the manufacture of nuclear or radioactive components.

(j) The inspection and control services necessary to ensure the proper manufacture of the nuclear or radioactive components.

k) The studies, reports, or tests necessary for the approval of radioactive and packaging devices, packages or capsules.

l) Inspection and control services in relation to the radioactive devices, packaging, packages or capsules already approved.

Four. The natural or legal person applying for any of the authorizations, permits and licenses referred to in the number three of this article shall be the taxable person of the Rate.

Five. Tax base and tax rates:

(a) The operations referred to in paragraph (a) of number three of this Article shall be taxed at the rate of zero twenty percent of the total and effective amount of the work performed.

For the purposes of the provisions of this Law, provisional settlements shall be made on the basis of the total amount of the work to be carried out on the basis of the following amounts:

-Ten percent when requesting prior or placement authorization.

-Thirty percent when requesting build authorization.

-Forty percent at the beginning of construction.

-Twenty percent when applying for startup authorization.

In the case of nuclear power plants, if two or more units are installed on the same site and with the same project as the first, for the second and remaining the rate will be reduced to one fifth of the amount quoted in the case of the application for prior authorisation or placement and construction, and a third for the payment at the beginning of the construction and the authorisation to start up the construction.

The final settlement, taking into account the total and effective amount of the work performed, shall be effected immediately after the last permit has been granted.

(b) The completion of the studies and reports referred to in paragraph (b) of number three of this Article shall be subject to the annual quota resulting from the application of the zero-point rate of five percent to the value of the production installation, calculated on the basis of the average price of the installation in that time period.

The tax shall be paid on 31 December of each year, and shall be self-abolished by the taxable person during the following month.

(c) The activities referred to in paragraph (c) of number three of this Article shall be subject to the amount resulting from the application, on the total and actual amount of the work carried out, the percentages below indicate based on the category and features of the installation:

First category: Zero two percent to liquidate at the following times:

-Ten percent when requesting prior or placement authorization.

-Thirty percent when requesting build authorization.

-Forty percent at the beginning of construction.

-Twenty percent when applying for startup authorization.

In the case of successive installations on the same site which respond to a project similar to the first, or where extensions of the same project occur, the tax shall be reduced to one fifth of the amount referred to in the case of the application for prior authorisation or placement and construction, and a third for the payment at the beginning of the construction and the application for the start-up authorisation.

Second category: The three comma two percent to be liquidated at the following times:

-Fifty percent when requesting build authority.

-Fifty percent when applying for startup authorization.

In the case of successive extensions or modification of the original project of a facility to be located on the same site, fifty percent of the amount indicated above will be taxed.

Third category: The three comma two percent to be liquidated at the time of applying for start-up authorization.

In the case of successive extensions or modification of the original project of a facility to be located on the same site, fifty percent of the above amount will be taxed.

For the purposes of this Law, provisional settlement shall be made on the basis of the total amount of the work to be carried out in accordance with the corresponding budget. The final settlement, taking into account the total and actual amount of the work, shall be carried out immediately after the last permit has been granted.

(d) The inspection and control services referred to in paragraph (d) of number three of this Article shall be taxed at an annual quota determined on the basis of the category of the installation, according to the following scale:

First category: Fuel cycle facilities.

The amount resulting from applying the zero-point type zero two percent to the value of the installation's annual production, calculated based on the average price of the installation over that time period.

First category: Other installations.

-Four hundred and twenty-five thousand pesetas.

Second Category:

-One hundred and twenty-five thousand pesetas.

Third Category:

-Eighty-five thousand pesetas.

The accrual will take place on the thirty-day of December of each year, with the liability of the taxable person for the following January.

e) The completion of the studies and reports referred to in paragraph (e) of number three of this Article shall be subject to the quota resulting from applying the rate of one per cent to the total amount of the closing budget of the the installation in question.

The accrual will occur at the time of filing the closing request.

(f) The granting and renewal of the licences to the operating staff (Supervisors and operators) of nuclear and radioactive installations and of the Title of Head of Service for the Protection of Radiation shall be subject to a a given quota according to the category of staff to which it is affected and the category of facilities to which the staff is intended, in accordance with the following scale, expressed in pesetas.

Installation

License Concession
Monitor and Operator

Concession title
Chief Protection Service

License Renewal

Title Renewal

-Nuclear

100,000

100,000

13,000

13,000

-Radial:

First Category

30,000

90,000

13,000

13,000

13,000

12,000

-

7,000

-

The accrual and income of the fees will occur at the time of filing of the application for the conduct of the corresponding tests.

g) The reports or studies referred to in paragraph (g) of the number three of this article will be taxed with the fixed quota of one hundred and five thousand pesetas for each transport authorization.

The accrual and income of the Rate will occur at the time of requesting the transportation authorization.

(h) The inspection and control services referred to in paragraph (h) of this Article shall be taxed for each transport with a fixed quota of 100 000 pesetas for nuclear substances and ninety thousand pesetas for radioactive materials.

The accrual and income of the Rate will occur at the time of the start of the transport.

(i) The performance of the studies or reports referred to in paragraph (i) of this Article shall be subject to a fixed fee for each authorization based on the classification of the component.

Nuclear Components: Five thousand pesetas.

Radioactive components: Two hundred and five thousand pesetas.

The accrual will occur at the time of filing the corresponding request.

(j) The inspection and control services referred to in paragraph (j) of number three of this Article shall be taxed at a given annual row in accordance with the nature of the component:

Nuclear components: two percent of their cost.

Radioactive components: one percent of their cost.

The accrual will occur at the time of delivery of the equipment to the customer.

(k) The completion of the studies, reports or tests referred to in paragraph (k) of the number three of this Article shall be subject to the fixed quota of five thousand pesetas.

The accrual and income of the Rate will occur at the time of application for such approval.

(l) The inspection and control services referred to in paragraph 1 (l) of this Article shall be subject to a fixed annual quota of eighty-five thousand pesetas.

The accrual will occur on the thirtieth and December of each year.

Six. The settlement of the fee shall be carried out by the Nuclear Security Council, except for self-settlement assumptions, in which the statements-settlements shall be submitted to the Council, who may rectify the errors in fact.

Seven. The income of the Fee shall be made in the Delegation of Finance of the province corresponding to the domicile of the taxable person of the same.

Eight. The full performance of the levy shall be affected, on a specific basis, to the coverage of the expenditure resulting from the provision of the service by the Council.

Nine. The Government, acting on a proposal from the competent ministries, is hereby authorised to lay down detailed rules for the implementation of this

.

Item 11th.

The Nuclear Security Council will formally raise a report on the development of its activities to the Congress of Deputies and the Senate.

ADDITIONAL PROVISIONS

First.

For the purposes of this Law, the definitions contained in the second article of Law twenty-five/thousand nine hundred and sixty-four, of twenty-nine of April, on nuclear energy shall apply, in addition to the following:

One. First category radioactive installations are:

a) The uranium production factories, thorium and their compounds.

b) Production factories of natural uranium fuel elements.

c) Industrial irradiation facilities.

Two. Second category radioactive installations are:

(a) Facilities where radioactive nuclides are handled or stored which can be used for scientific, medical, agricultural, commercial or industrial purposes, the total activity of which corresponds to the values which are higher a hundred microcurios, one millicurium, ten miliurios or one hundred miliurios, in accordance with the classification of radionuclides established by the Government, taking into account international regulation.

(b) installations using X-ray generating devices that can operate at a peak voltage of more than two hundred kilowatts.

c) particle accelerators and facilities where neutron sources are stored.

Three. Third category radioactive installations are:

(a) Facilities where radioactive nuclides are handled or stored for which the total activity is greater than zero, one, one, ten and one hundred microcurios for the different groups, according to the classification of radionuclides to establish the government, taking into account international regulation, and lower than those mentioned in the previous point.

(b) installations using X-ray generating devices whose peak voltage is less than two hundred kilowatts.

Second.

The amount of the penalties referred to in the second subparagraph of this Law and the jurisdiction of the imposition of the penalties shall be as follows:

-Provincial or regional authorities and service chiefs, up to five hundred thousand pesetas.

-Directors-General or Authorities of equivalent level, up to five million pesetas.

-Minister of Industry and Energy, up to ten million pesetas.

-Council of Ministers, up to a hundred million pesetas.

Third.

The Nuclear Security Council may entrust the Autonomous Communities with the exercise of functions assigned to it in accordance with the general criteria to be agreed upon by the Council itself.

TRANSIENT PROVISIONS

First.

After three years since the appointments of the first members of the Nuclear Security Council, fifty percent of the appointed members will cease by lot. The provisions of the fifth paragraph of this Law shall apply in full from this time. The Directors to whom it is appropriate to cease may be appointed again in accordance with the procedures laid down in that provision.

Second.

Appointed the President and the Directors, the Council shall be constituted, which shall assume the functions specified in the second article. Until such time as the technical body of the Council is regulated, the Nuclear Energy Board shall act as such.

Third.

The Council will determine the criteria, according to which, where appropriate, the integration of officials who are currently part of the Nuclear Energy Board template will occur.

Fourth.

One. The Nuclear Safety Board shall invest in the dossiers for the authorisation of nuclear and radioactive installations in the situation where they are located at the time of their establishment.

Two. Notwithstanding the above, the Nuclear Safety Board shall exercise the functions described in the second article of this Law not only in relation to facilities which may be authorised in the future, but also in those that are authorized, whatever state they are in.

FINAL PROVISIONS

First.

The Government, within a maximum of six months from the date of the Council's constitution, shall approve the Statute of the Nuclear Security Council, as well as the regulatory provisions requiring the development of the present Law.

Second.

The Government will restructure the Nuclear Energy Board to align its organization, functions and means to the provisions of this Law.

Third.

In the financial year during which this Law will enter into force, appropriate credit transfers will be made. In subsequent years, the appropriations shall be directly allocated to the budget of the Nuclear Safety Board.

Fourth.

Once the Nuclear Security Council has been established, the Government may, on a proposal from the Council, agree to the transfer to that Council of the material means affected by the Nuclear Energy Board which are attached to the Nuclear Safety Board. functions that this Act entrusts to it.

REPEAL PROVISION

The provisions of this Law shall be repealed as many provisions.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Law.

Palacio Real, de Madrid, at twenty-two in April of a thousand nine hundred and eighty.

JOHN CARLOS R.

The President of the Government,

ADOLFO SUAREZ GONZALEZ